Advanced Reimbursement Solutions LLC v. Spring Excellence Surgical Hospital LLC et al

Filing 252

ORDER: IT IS ORDERED that: (1) ARS's motion for attorneys' fees and costs (Doc. 236 ) is granted in part and denied in part. (2) SESH is ordered to pay ARS attorneys' fees in the amount of $444.799.70 and costs in the amount of $3,178.85 [see attached Order for details]. Signed by Judge Dominic W Lanza on 5/28/20. (MAW)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Advanced Reimbursement Solutions LLC,
Plaintiff,

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No. CV-17-01688-PHX-DWL
ORDER

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v.

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Spring Excellence Surgical Hospital LLC, et
al.,

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Defendants.

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Pending before the Court is a motion for attorneys’ fees and costs filed by Plaintiff

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Advanced Reimbursement Solutions LLC (“ARS”). (Doc. 236.) For the following

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reasons, the motion will be granted in part and denied in part.

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BACKGROUND

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ARS is a billing service that contracts with medical providers to process and bill

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out-of-network insurance claims. Defendant Spring Excellence Surgical Hospital LLC

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(“SESH”) owns and operates a hospital in Texas.

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On May 31, 2017, ARS filed a complaint. (Doc. 1.) At the time, ARS was

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represented by the law firm of Schian Walker PLC (“Schian Walker”). The complaint

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asserted, among other things, a breach-of-contract claim against SESH.

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On June 8, 2018, ARS filed a motion for partial summary judgment, limited to the
issue of liability on its breach-of-contract claim. (Doc. 97.)

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On June 29, 2018, SESH filed a motion under Rule 56(d) of the Federal Rules of

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Civil Procedure for authorization to conduct additional discovery before responding to the

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partial summary judgment motion. (Doc. 121.)

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On July 12, 2018, the Court granted the Rule 56(d) motion. (Doc. 135.)

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On August 10, 2018, SESH filed a motion to transfer the case to Texas. (Doc. 149.)

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In December 2018—after about a year and a half of litigation—ARS switched to

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new counsel, the law firm of Thorpe Shwer, P.C. (“Thorpe Shwer”). (Docs. 180, 181.)

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On January 11, 2019, SESH’s motion to transfer was denied. (Doc. 186.)

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On April 3, 2019, the Court imposed a $8,230.95 sanction award against SESH.

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(Doc. 210.) The award stemmed from SESH’s counsel’s failure to attend a deposition in

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Texas, which was one of the depositions that SESH had sought and obtained authorization

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to pursue under Rule 56(d). (Doc. 206.)
On May 10, 2019, the Court granted ARS’s motion for partial summary judgment

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on liability. (Doc. 215.)
On February 6, 2020, the Court granted ARS’s motion for partial summary

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judgment on damages, awarding $734,934.03 plus fees and interest. (Doc. 234.)
On February 20, 2020, ARS filed a motion for attorneys’ fees and costs. (Doc. 236.)

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The same day, ARS filed a bill of costs. (Doc. 237.)

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On March 9, 2020, SESH filed a response. (Doc. 243.)

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On March 18, 2020, ARS filed a reply. (Doc. 246.)

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On April 28, 2020, the parties filed a notice stating that they had reached a

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settlement concerning attorneys’ fees. (Doc. 247.)

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On May 27, 2020, ARS informed the Court that the parties had not, in fact, settled
and thus requested a ruling on its fee motion. (Doc. 251.)

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DISCUSSION
I.

Parties’ Arguments

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In its motion, ARS seeks $522,588.60 in fees—composed of $234,179.10 in fees

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incurred by attorneys from Schian Walker and $288,409.50 in fees incurred by attorneys

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from Thorpe Shwer—and $3,178.85 in costs. (Doc. 236 at 1.) In support of its motion,

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ARS provided a Microsoft Excel spreadsheet containing an itemized statement of legal

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services, as well as declarations from Tyler Grim (a former Schian Walker associate, see

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Doc. 236-3 at 2-4) and Sara Witthoft (a Thorpe Shwer partner, see Doc. 236-1 at 2-5)

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attesting to the reasonableness of each firm’s fees.

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In its response, SESH does not dispute that ARS, as the prevailing party in this

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action, is contractually entitled to an award of reasonable attorneys’ fees. (Doc. 243 at 2.)1

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Additionally, SESH does not dispute ARS’s bill of costs. (Id.) SESH does, however, raise

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several objections to ARS’s fee request, arguing that: (1) the Grim declaration is

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insufficient to validate the request for $234,179.10 in fees paid to Schian Walker because

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Grim was a junior associate who only worked on the case for five weeks and has no

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personal knowledge as to whether other Schian Walker attorneys actually performed the

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work in question or exercised reasonable billing judgment when doing so (id. at 2-4);

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(2) ARS is seeking reimbursement of $6,717.50 for time spent preparing and litigating a

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motion for sanctions related to a missed deposition in Texas, but the Court already granted

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the sanctions motion and SESH already paid the resulting award, so the time entries in

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question amount to impermissible double-billing (id. at 5-6); (3) because ARS made a

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voluntary “decision to change law firms during the course of the litigation,” the request for

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$288,409.50 in fees paid to Thorpe Shwer attorneys should be reduced to eliminate “the

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inherent duplication caused by a change in counsel [coupled with] no indication in either

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[Thorpe Shwer’s] supporting affidavit or [Thorpe Shwer’s] billing summary that any

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‘billing judgment’ was exercised in connection with such transition and duplication” (id.

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at 6-7); (4) both firms’ timesheets contain entries marred by impermissible “block-billing”

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(id. at 7-8); (5) due to extensive redaction based on the attorney-client privilege, many

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entries fail to provide an adequate description of the service being rendered, in violation of

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Local Rule of Civil Procedure 54.2(e)(2)(A) (id. at 8-9); (6) some of the entries from Schian

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Walker appear to concern legal advice rendered in unrelated matters (id. at 9-10); and (7)

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Specifically, section 12(e) of the parties’ contract provides that “[i]f any legal action
. . . is brought in connection with this Agreement, the prevailing Party shall be entitled to
recover reasonable attorneys’ fees, accounting fees, and other costs incurred in that action
. . . .” (Doc. 98-4 at 9.)
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although SESH generally doesn’t challenge the reasonableness of the hourly rates charged

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by the Schian Walker and Thorpe Shwer attorneys, it does dispute the $595 hourly rate of

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one attorney who is identified only by the attorney’s initials (id. at 10).

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In reply, ARS concedes that (1) SESH has already paid the sanction award, so the

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related charges should have been omitted from its fee request, and (2) the time entries

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SESH identified as pertaining to unrelated matters should be excluded. (Doc. 246 at 2, 5.)

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Additionally, ARS attached to its reply a declaration from Cody Jess, a former partner at

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Schian Walker who worked extensively on this matter, in an attempt to address SESH’s

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foundation-related objections to the Grim declaration. (Doc. 246-1.)

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II.

Analysis

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The parties agree that Arizona law governs ARS’s fee request. (Doc. 236 at 3; Doc.

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243 at 2.) The parties further agree that ARS’s entitlement to fees arises from an express

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provision within the parties’ contract. (Id.)

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“Unlike fees awarded under A.R.S. § 12-341.01(A), the court lacks discretion to

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refuse to award fees under [a] contractual provision.”

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Community Ass’n v. Simons, 165 P.3d 667, 670 (Ariz. Ct. App. 2007) (quotation omitted).

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However, “[n]otwithstanding the general rule that attorneys’ fees are enforced in

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accordance with the terms of a contract, a contractual provision providing for an award of

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unreasonable attorneys’ fees will not be enforced.” Id. at 671. “Assuming that the fees

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requested [are] facially reasonable,” the party opposing the fee request has “the burden to

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show that they were clearly excessive.” Id. at 672.

McDowell Mountain Ranch

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The District of Arizona’s local rules identify some of the factors that may “bear[]

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on the reasonableness of the requested attorneys’ fee award.” See LRCiv 54.2(c)(3). Those

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factors include, but are not limited to, the time and labor required of counsel; the novelty

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and difficulty of the questions presented; the skill required to perform the legal service

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properly; the preclusion of other employment by counsel because of the acceptance of the

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action; the customary fee charged in matters of the type involved; whether the fee

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contracted between the attorney and the client is fixed or contingent; any time limitations

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imposed by the client or the circumstances; the amount of money, or the value of the rights,

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involved, and the results obtained; the experience, reputation, and ability of counsel; the

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“undesirability” of the case; the nature and length of the professional relationship between

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the attorney and the client; awards in similar actions; and any other matters deemed

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appropriate under the circumstances. Id.

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A.

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As an initial matter, SESH does not—with one exception—dispute the

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reasonableness of the hourly rates charged by the attorneys from Schian Walker and Thorpe

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Shwer. The exception is a Schian Walker attorney identified in ARS’s supporting materials

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only as “PS,” who charged an hourly rate of $595.2 SESH argues that “[n]o information

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is provided as to the identity of ‘PS,’ or his or her qualifications, or qualifications that

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would render his or her hourly rate of $595.00 reasonable. In addition, [Schian Walker’s]

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engagement agreement provides the upper limit of the hourly rates as $560 . . . .” (Doc.

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243 at 10.) ARS does not respond to these points in its reply. However, the Jess declaration

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clarifies that “[t]he individual identified in time entries as ‘PS’ is Peter Sorensen, an

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attorney Schian had hired at the time to consult with Schian Walker on complex

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commercial litigation matters” and that Sorensen was once a partner at Greenberg Traurig,

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LLP. (Doc. 246-1 ¶ 7.)

Hourly Rate

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This explanation satisfies the Court as to the identity of “PS.” However, it fails to

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explain why Sorensen’s rate exceeded the upper limit provided in Schian Walker’s

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engagement agreement. Additionally, the rate charged is at the high end of rates considered

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reasonable for complex, high-dollar commercial litigation in the Phoenix legal market.

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Orman v. Central Loan Admin. & Reporting, 2020 WL 919302, *2 (D. Ariz. 2020)

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(declining to award $665 per hour and noting that other Arizona courts have generally

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upheld rates only as high as $500 or $550 per hour in complex, high-stakes cases). This

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case was not particularly complex (ARS described it in the parties’ Rule 26(f) report as “a

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simple payment dispute,” see Doc. 187 at 3) and didn’t involve particularly high stakes

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The entries attributed to PS are Nos. 254 and 463.
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(ARS sought less than $750,000 in breach-of-contract damages). Accordingly, the Court

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will reduce the rate charged to Sorenson to $430 per hour, which is the maximum rate

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charged by the other Schian Walker attorneys in this case. This reduction results in an

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overall reduction of ARS’s fee request of $792.

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B.

Duplicative Hours

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SESH argues that “entries that appear on their face to be related to ARS’[s]

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transition to new counsel and new counsels’ efforts to ‘get up to speed’” must be eliminated

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as duplicative. (Doc. 243 at 6.) ARS responds that SESH has failed to explain how the

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disputed entries constitute duplicative work. (Doc. 246 at 2-3.)

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“In determining a reasonable number of hours, the Court must review detailed time

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records to determine whether the hours claimed by the applicant were unnecessary,

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duplicative or excessive.” Moshir v. Automobili Lamborghini Am. LLC, 927 F. Supp. 2d

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789, 799-800 (D. Ariz. 2013) (citation omitted). Although “[a] litigant has the right to

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counsel of his choice in many circumstances,” there is “no legal authority . . . that would

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require [a losing party] to pay for the hours [opposing counsel] expended to become

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‘caught-up’ after a change of counsel entirely within [the prevailing party’s] discretion.”

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Id. at 800. See also Quint v. A.E. Staley Mfg. Co., 245 F. Supp. 2d 162, 181 (D. Me. 2003)

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(“It is unreasonable to charge a losing party with significant duplication of effort resulting

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from the prevailing party’s decision to change counsel.”); Hamilton v. Bradford, 502 F.

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Supp. 822, 838 (S.D. Miss. 1980) (reducing a fee award in part because “much of the time

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consumed by plaintiff’s counsel in this action constituted a duplication of effort resulting

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from a change of law firms”). However, a “blanket assertion that the bill represents

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duplicative work is insufficient [because] it does not explain why the items billed on the

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first bill could have been avoided but for defendants’ decision to switch counsel.” Internet

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Brands Inc. v. Ultimatecoupons.com, LLC, 2013 WL 5575042, *4 (C.D. Cal. 2013).

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Here, some of the entries challenged by SESH are, on their face, attributable to

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ARS’s decision to switch counsel.3 For example, an early entry from Thorpe Shwer reflects

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These entries are Nos. 502, 510-16, 518, 519, and 522.
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that attorneys spent time “[r]eview[ing] and analyz[ing] . . . ARS’[s] motion for partial

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summary judgment regarding liability in district court case against SESH [and] ARS’[s]

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third amended complaint filed in district court.” (Doc. 243-1 at 69.) Because Schian

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Walker attorneys drafted those documents, it’s hard to imagine why, but for ARS’s

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decision to switch counsel, review and analysis of those documents would have been

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necessary. For the same reason, Thorpe Shwer’s review of Schian Walker’s case file

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pertaining to this matter is activity that would not have been necessary but for the decision

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to change counsel. Finally, time spent drafting motions to withdraw and substitute counsel

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would not have been necessary but for the decision to change firms. These hours are not

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chargeable to SESH, and the Court will reduce the fee award by $5,192.50.

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On the other hand, SESH has not demonstrated that the remaining challenged entries

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qualify as duplicative “getting up to speed” hours. SESH objects to all hours Thorpe Shwer

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paralegals spent between December 14, 2018 and February 8, 2019 reviewing and

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analyzing documents produced by SESH.4

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paralegals also spent time conducting document review, SESH has not demonstrated that

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these particular entries involved the duplicative review of documents already reviewed by

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others. Of course, ARS hasn’t done the opposite—it hasn’t affirmatively shown that the

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challenged entries involved the initial review of documents never reviewed by its former

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counsel—but the burden ultimately falls onto SESH to show that the challenged entries

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“were clearly excessive.” Simons, 165 P.3d at 672. SESH hasn’t met that burden here, so

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the Court will not eliminate those hours from the fee request.

Although Schian Walker attorneys and

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C.

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The bulk of SESH’s objections concern whether ARS complied with various

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Compliance With Local Rule 54.2

requirements imposed by Local Rule 54.2.

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…

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…

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The entries SESH flags as duplicative but fails to explain why are Nos. 523, 545,
548, 549, 552, 556, 559, 561, 565, 568, 570, 571, 579, 584, 586, 588, 594, 600, 619, 625,
652, 665, 672, 675, and 680.
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Local Rule 54.2(d)(4)(C) requires a party seeking fees to submit “an affidavit of

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moving counsel” that, among other things, “state[s] that the affiant has reviewed and has

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approved the time and charges set forth in the task-based itemized statement and that the

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time spent and expenses incurred were reasonable and necessary under the circumstances.

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This section also must demonstrate that the affiant exercised ‘billing judgment.’” Id.

Affidavit Of Reasonableness, Necessity, And Billing Judgment

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SESH argues that the Grim declaration is insufficient to satisfy these requirements

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as to the $234,179.10 in Schian Walker fees because Grim barely worked on the case and

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lacks foundation to testify about whether the fees incurred by other Schian Walker

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attorneys were reasonable, necessary, and reflect billing judgment. (Doc. 243 at 2-4.) In

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its reply, ARS does not defend Grim’s qualifications. Instead, it attaches a new declaration

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from Cody Jess, a former partner at Schian Walker who was present throughout the

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engagement with ARS. (Doc. 246 at 1; Doc. 246-1.)

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In general, when “new evidence is presented in a reply . . . the district court should

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not consider the new evidence without giving the [non-]movant an opportunity to respond.”

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Provenz v. Miller, 102 F.3d 1478, 1483 (9th Cir. 1996) (quotation omitted). However,

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“[w]hile a party may not file ‘new’ evidence with a reply, it may file ‘rebuttal’ evidence to

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contravene arguments first raised by the non-moving party in its opposition.” TSI Inc. v.

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Azbil BioVigilant Inc., 2014 WL 880408, *1 (D. Ariz. 2014). See also E.E.O.C. v. Creative

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Networks, LLC & Res-Care, Inc., 2008 WL 5225807, *2 (D. Ariz. 2008) (acknowledging

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that “a party may not file ‘new’ evidence with a reply and then deprive the opposing party

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of an opportunity to respond to the new evidence” but holding that evidence attached to

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defendant’s reply was “proper” because it merely “rebut[ted] arguments first raised by

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Plaintiff in its opposition to” the motion).

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Here, the Jess declaration arguably qualifies as rebuttal evidence because it responds

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to arguments raised in SESH’s response.

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permission to file a sur-reply and it appears to the Court that further briefing would be

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futile—the new declaration cures the concerns SESH raised in its response. Jess avers that

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Additionally, SESH has not moved for

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he made his declaration “based on matters within [his] own personal knowledge” and that

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Schian Walker attorneys “exercised sound billing judgment,” and Jess’s declaration does

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not contain “understandings” that could support a hearsay objection. (Doc. 246-1 at 1-2.)

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The Court thus declines to categorically reject ARS’s request for fees paid to Schian

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Walker.

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2.

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Local Rule 54.2(e)(2) provides that “[t]he party seeking an award of fees must

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adequately describe the services rendered so that the reasonableness of the charge can be

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evaluated. In describing such services, however, counsel should be sensitive to matters

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giving rise to issues associated with the attorney-client privilege and attorney work-product

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doctrine, but must nevertheless furnish an adequate nonprivileged description of the

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services in question. If the time descriptions are incomplete, or if such descriptions fail to

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adequately describe the service rendered, the court may reduce the award accordingly.” Id.

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SESH argues that many entries5 from which ARS has redacted information (in the

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interest of maintaining the attorney-client privilege) are now too generic to conduct a

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reasonableness review. (Doc. 243 at 8-9.) ARS replies that the redaction of privileged

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information is permissible under Local Rule 54.2(e)(2) and that, even after the redactions,

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the entries provide enough information to assess whether the expenditures of time were

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reasonable. (Doc. 246 at 4-5.)

Adequacy Of Time Entries After Redaction

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Although the Court does not fault ARS for seeking to zealously protect the attorney-

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client privilege, some of the redactions in this case make it impossible to assess whether

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the time entries constituted reasonable expenditures of time and/or were related to the case.

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These entries are Nos. 2, 3, 5, 8, 9, 13-16, 22, 23, 25, 27, 43, 52, 68-70, 74, 77, 79,
92, 96, 98, 107, 110, 113, 119, 123, 128, 129, 131, 138, 151, 154, 156, 163, 165, 170, 177,
183, 184, 186, 191, 193, 195, 196, 202, 210, 225, 228-30, 243, 251, 256, 267, 268, 271,
293, 294, 297, 303-05, 308, 316, 330, 333, 347, 363, 369, 376, 377, 383, 387, 391, 394,
395, 397, 398, 400-02, 404, 406, 408, 409, 414, 418, 419, 421, 422, 426-29, 438, 441, 443,
444, 450, 458, 462, 466, 474, 478, 479, 483, 484, 494, 509, 512, 514, 524, 527, 536, 54042, 553, 555, 566, 567, 576, 577, 580, 581, 620, 621, 653, 674, 691, 692, 697, 709, 710,
721, 725, 728, 736, 744, 747, 751-53, 757, 760, 762, 766, 773, 774, 777, 781, 782, 786,
787, 790, 794, 798, 801, 803, 804, 813, 814, 817, 833, 849, 855, 857, 859, 870, 874, 883,
897, 906, 918, 922, 933, 937, 940, 942, 945, 946, 957, 963, 966, 967, 969, 972, and 973.
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To provide one example, the entry at line 210 seeks to bill 1.0 hours for “Corresponded

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with clients re: [redacted for privilege].” This is insufficient under Local Rule 54.2(e).

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Oskowis v. Sedona Oak-Creek Unified Sch. Dist. #9, 2019 WL 5066821, *8 (D. Ariz. 2019)

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(“Although the local rules don’t provide an explanatory example for how emails or letters

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should be documented in an attorneys’ fee motion, the closest parallel is telephone

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conferences. Thus, the Court will not grant attorneys’ fees for email/letter time entries that

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don’t identify to whom the email/letter was sent or the subject matter of the email/letter.”).

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Accordingly, the Court will not grant fees for entries in which ARS has redacted the

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subject matter of the communication.6

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3.

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SESH argues that ARS’s attorneys engaged in impermissible block-billing, which

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makes it impossible to assess whether certain time expenditures were reasonable.7 (Doc.

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243 at 6-7.) ARS replies that (1) many of the entries SESH flags as block-billed are not

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block-billed, and (2) the block-billed entries are, in any event, sufficiently descriptive for

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the Court to assess whether the time expenditures were reasonable. (Doc. 246 at 3-4.)

Block-Billing

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“‘Block billing’ is the time-keeping method by which each lawyer and legal

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assistant enters the total daily time spent working on a case, rather than itemizing the time

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expended on specific tasks.” Welch v. Metro. Life Ins. Co., 480 F.3d 942, 945 n.2 (9th Cir.

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2007) (citation omitted). “While not forbidden by case law, block-billing makes it nearly

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impossible for the Court to determine the reasonableness of the hours spent on each task.

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Where the Court cannot distinguish between the time claimed for the various tasks, the

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Court will reduce the award accordingly.” Moshir, 927 F. Supp. at 799. Nevertheless, the

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fundamental question is “whether time entries meet the basic requirements of listing

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[attorneys’] hours and identifying the general subject matter of [their] time expenditures.”

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The Court notes that entry No. 859, to which SESH objected on the basis of
inappropriate redaction, contains no redactions and provides a sufficient description for the
Court to conclude the fee was reasonable.
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In the interest of reducing the administrative burden posed by this order, the Court
will enumerate only those entries where the block-billing causes a need for wholesale
elimination of fees associated with a time entry.
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Maki v. N. Sky Partners II LP, 2018 WL 4042455, *2 (D. Ariz. 2018) (internal quotation

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omitted). See also Oskowis, 2019 WL 5066821 at *9 (“[B]ecause the entries provided

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sufficient detail regarding the various tasks that were performed, the fact that the tasks are

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included in a single entry does not render the entries deficient”). Courts tend to award fees

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despite the presence of block-billing where the billing is for “closely related tasks, each

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covering no more than a few hours.” Maki, 2018 WL 4042455 at *3. See also Sunstone

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Behavioral Health, Inc. v. Alameda Cty. Med. Ctr., 646 F. Supp. 2d 1206, 1217 (E.D. Cal.

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2009) (“[E]ven where hours are block-billed, a district court should refrain from reducing

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fees until it first determines whether sufficient detail has been provided so that [the Court]

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can evaluate what the lawyers were doing and the reasonableness of the number of hours

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spent on those tasks.”) (internal quotation omitted).

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Here, ARS is correct that some of the disputed entries aren’t actually block-billed.8

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Where the attorneys specified how much time they spent on a given task, the mere fact that

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the tasks were presented in a series (rather than a separate row) allows the Court to

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distinguish between the time claimed for various tasks.

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Many other instances fall into the category of block-billed entries that still provide

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sufficient detail for the Court to assess the reasonableness of a time expenditure, involve

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closely related tasks, and do not last more than a few hours. These entries are not deficient.

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Nevertheless, some difficulty persists in light of ARS’s extensive redactions for

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privilege. The block-billed nature of partially redacted entries makes it impossible for the

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Court to separate out time that should fall within the scope of the fee award and time not

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properly chargeable to SESH. Consequently, the Court will not grant fees for block-billed

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entries where part of the block-billed entry is otherwise redacted in a manner that prevents

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reasonableness review.9

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Specifically, entries Nos. 401 and 450 are not block-billed.

The block-billed entries with such redactions are Nos. 2, 5, 15, 23, 27, 43, 52, 6870, 74, 77, 79, 92, 96, 98, 110, 113, 119, 123, 128, 129, 131, 138, 151, 154, 156, 163, 170,
177, 183, 184, 186, 191, 193, 195, 196, 202, 225, 228-30, 243, 251, 256, 267, 268, 271,
293, 294, 297, 303-05, 308, 316, 330, 333, 347, 363, 369, 377, 383, and 391. The Court
has reduced these entries by the full amount billed because it was unable to separate the
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D.

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As noted, ARS has conceded that it inadvertently included some entries unrelated

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to this litigation and entries related to sanctions already paid by SESH. Accordingly, the

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Court will strike these entries, which reduces the fee award by $9,627.45. (Doc. 246 at 5.)

Other Disputed Entries

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E.

Conclusion

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After the reductions discussed above, ARS’s fee request of $522,588.60 will be

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reduced to $444,799.70. Although this sum may, at first blush, seem high relative to the

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overall amount at stake in this action (as noted, ARS’s total recovery was less than

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$750,000), the Court finds it to be “facially reasonable.” Simons, 165 P.3d at 672. SESH

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has not argued that the overall amount sought is disproportionate and SESH helped

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contribute to the expenditures in this case through its motions practice.

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Accordingly, IT IS ORDERED that:

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(1)

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ARS’s motion for attorneys’ fees and costs (Doc. 236) is granted in part

and denied in part.
(2)

SESH is ordered to pay ARS attorneys’ fees in the amount of $444.799.70

and costs in the amount of $3,178.85.
Dated this 28th day of May, 2020.

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23
24
25
26
27
28

properly recorded activities from the activities with redactions.
- 12 -

Entry
2

Date
Name
5/10/2017 Tyler Grim

Rev Hrs
0.50

3

5/11/2017 Tyler Grim

1.20

4

5/12/2017 Nathan T. Mitchler

1.20

5

5/15/2017 Nathan T. Mitchler

1.60

6

5/15/2017 Tyler Grim

0.30

7

5/16/2017 Tyler Grim

0.30

8

5/17/2017 Nathan T. Mitchler

1.50

9
10
11
12
13

5/17/2017
5/18/2017
5/19/2017
5/22/2017
5/23/2017

Tyler Grim
Tyler Grim
Tyler Grim
Tyler Grim
Nathan T. Mitchler

0.80
0.30
0.50
0.40
1.90

14
15

5/23/2017 Tyler Grim
5/24/2017 Nathan T. Mitchler

0.30
1.20

16

5/24/2017 Tyler Grim

1.20

17

5/25/2017 Nathan T. Mitchler

2.30

18

5/25/2017 Tyler Grim

2.00

19

5/31/2017 Nathan T. Mitchler

1.20

20
21

5/31/2017 Tyler Grim
6/1/2017 Nathan T. Mitchler

0.20
2.10

22
23

6/8/2017 Tyler Grim
6/12/2017 Nathan T. Mitchler

0.40
1.00

24

6/21/2017 Nathan T. Mitchler

1.00

25

6/21/2017 Tyler Grim

0.20

Rev Amt Narrative
125.00 Reviewed draft complaint provided by client and
correspondence with Spring Excellence Surgical
Hospital; e-mail to Mr. Lowden [redacted for privilege]

Objections
Lack of Substance of Communication
under LR 54.2(e)(2) and/or LR
54.2(e)(2)(C) - hereinafter "LR
54.2(e)(2)"
LR 54.2(e)(2) (minus 1.2)

300.00 Prepared for and attend conference call with client re:
[redacted for privilege]
516.00 Review draft complaint and analyze contracts with Spring
Excellence Surgical Hospital
688.00 Research potential additional claims against Spring
LR 54.2(e)(2); Block-Billing/Lumping Excellence Surgical Hospital and Joanna Davis;
hereinafter "LR 54.2(e)(1)(B) "
telephone call with Mr. Lowden re: [redacted for
privilege]
75.00 Reviewed and analyzed additional correspondence
between client and Spring Excellence Surgical Hospital
and non-disclosure agreement provided by client
75.00 Reviewed and analyzed litigation hold letter and
additional documents provided by client
645.00 Telephone call with Mr. Lowden re: [redacted for
LR 54.2(e)(2) (minus 1.5)
privilege]
200.00 Prepared for and attend conference call with client
LR 54.2(e)(2) (minus 0.8)
75.00 Revised draft complaint
125.00 Continued drafting complaint
100.00 Continued drafting complaint
817.00 Strategy call with Mr. Lowden re: [redacted for privilege] LR 54.2(e)(2) (minus 1.9)
75.00 Meeting with Mr. Mitchler re: [redacted for privilege]
516.00 Review BAA; telephone call with cl ient re: [redacted for
privilege]
300.00 Telephone call with client; meeting with Mr. Mitchler re:
[redacted for privilege]
989.00 Research re: corporate disclosures; finalize demand
letter
500.00 Revised complaint; reviewed and revised demand letter
to Spring Excellence Surgical Hospital
518.00 Review complaint and filing requirements; review
demand letter revisions
50.00 Reviewed and revised complaint
903.00 Draft and revise demand letter; review new procedures
and requirements for District Court pilot program
100.00 Call with client re: [redacted for privilege]
430.00 Review and finalize District Judge election; review final
service of summons and materials for service; research
regarding assigned judge and report to client re
[redacted for privilege]
430.00 Call with opposing counsel to discuss complaint; report
on call and analysis of information provided by opposing
counsel
50.00 Prepared e-mail to cl ient re: [redacted for privilege]

LR 54.2(e)(2) (minus 0.3)
LR 54.2(e)(2); LR 54(e)(1)(B)

Ruling

Final Charge
0.00

Sustained
0.00
Sustained
516.00
0.00

Sustained; sustained
75.00

75.00
0.00
Sustained
Sustained

Sustained
Sustained

0.00
75.00
125.00
100.00
0.00
0.00
0.00

Sustained; sustained
LR 54.2(e)(2) (minus 1.2)

0.00
Sustained
989.00

LR 54(e)(1)(B)

500.00
Overruled

LR 54(e)(1)(B)

518.00
Overruled
50.00
903.00

LR 54(e)(1)(B)
LR 54.2(e)(2) (minus 0.4)
LR 54.2(e)(2); LR 54(e)(1)(B)

Overruled
Sustained

0.00
0.00

Sustained; sustained
LR 54(e)(1)(B)

LR 54.2(e)(2) (minus 0.2)

430.00
Overruled
Sustained

0.00

26

6/29/2017 Julie S. Larsen

0.30

27

7/6/2017 Nathan T. Mitchler

0.90

28

7/8/2017 Nathan T. Mitchler

0.40

29

7/10/2017 Nathan T. Mitchler

0.90

30

7/11/2017 Nathan T. Mitchler

0.40

31
32

7/13/2017 Nathan T. Mitchler
7/17/2017 Nathan T. Mitchler

1.00
0.70

33
34

7/18/2017 Nathan T. Mitchler
7/26/2017 Nathan T. Mitchler

0.20
1.20

35

7/27/2017 Nathan T. Mitchler

0.70

36
37

8/3/2017 Nathan T. Mitchler
8/7/2017 Nathan T. Mitchler

1.10
2.90

38

8/8/2017 Nathan T. Mitchler

0.90

39

8/10/2017 Nathan T. Mitchler

0.40

40

8/17/2017 Nathan T. Mitchler

1.20

41
42

8/18/2017 Nathan T. Mitchler
8/21/2017 Nathan T. Mitchler

1.70
3.80

43

8/23/2017 Nathan T. Mitchler

2.30

44

8/25/2017 Nathan T. Mitchler

3.90

45
46
47

8/28/2017 Nathan T. Mitchler
8/29/2017 Nathan T. Mitchler
8/30/2017 Nathan T. Mitchler

2.20
1.70
3.70

48

8/31/2017 Nathan T. Mitchler

4.40

64.50 Prepared request and affidavit of default re: both
defendants
387.00 Telephone call with Ms. Keppler to discuss payment of
amount due and plan for moving case forward; report to
client re: [redacted for privilege]
172.00 Research background of new opposing counsel;
communicate re: extensions request
387.00 Telephone conference with opposing counsel re:
complaint, potential extension, and settlement; report to
client re: same
172.00 Further telephone call with opposing counsel and email
to client re: extension request
430.00 Research for application for default judgment
301.00 Prepare and review form of judgment for extension;
telephone call with opposing counsel re: same
86.00 Review filed form of judgment
Revise and prepare first amended complaint; confer with
opposing counsel re: stipulation to amend complaint and
draft and finalize stipulation
Finalize first amended complaint and review filing;
research status of parties citizenship
473.00 Draft and finalize cease and desist letter
Research re: diversity jurisdiction pleading; prepare and
finalize second amended complaint and stipulation

64.50
LR 54.2(e)(2); LR 54(e)(1)(B)

0.00
Sustained; sustained

LR 54(e)(1)(B)

172.00
Overruled

LR 54(e)(1)(B)

387.00
Overruled

LR 54(e)(1)(B)

172.00

LR 54(e)(1)(B)

430.00
301.00
Overruled
86.00

473.00

Revise second amended complaint and communicate
with client re: same
172.00 Telephone call with Mr. Crane re: cease and desist letter

172.00

516.00 Research and begin draft for motion to extend time to
serve and substitute service for Joanna Davis
731.00 Review SESH answer and analyze motion to dismiss
1,634.00 Research for opposition to motion to dismiss; research
LR 54(e)(1)(B)
and draft motion for extension of time to serve and
substitute service
989.00 Finalize motion for time extension and alternative
LR 54.2(e)(2); LR 54(e)(1)(B)
service; communicate with client re: [redacted for
privilege]
1,677.00 Research and analysis for opposition to motion to
LR 54(e)(1)(B)
dismiss; continue draft of opposition to motion to dismiss

516.00
731.00
1634.00
Overruled
0.00
Sustained; sustained
1677.00
Overruled

49

9/1/2017 Nathan T. Mitchler

1.60

946.00 Continue draft of opposition to motion to dismiss
731.00 Continue draft of opposition to motion to dismiss
1,591.00 Continue draft of opposition to motion to dismiss; insert
items for draft affidavits in support of opposition
1,892.00 Draft and revise opposition to motion to dismiss; review
and incorporate affidavits
688.00 Reviewed and finalized opposition to motion to dismiss

946.00
731.00
1591.00

LR 54(e)(1)(B)
Overruled
LR 54(e)(1)(B)

1892.00
Overruled
688.00

50

9/5/2017 Nathan T. Mitchler

1.30

51

9/6/2017 Nathan T. Mitchler

2.30

52

9/7/2017 Nathan T. Mitchler

1.00

53

9/12/2017 Nathan T. Mitchler

1.20

54

9/13/2017 Nathan T. Mitchler

1.20

55
56

9/14/2017 Nathan T. Mitchler
9/15/2017 Nathan T. Mitchler

1.50
2.10

57

9/18/2017 Julie S. Larsen

0.20

58

9/18/2017 Nathan T. Mitchler

1.30

59

9/20/2017 Nathan T. Mitchler

1.40

60
61

9/21/2017 Nathan T. Mitchler
9/22/2017 Nathan T. Mitchler

0.30
1.60

62

9/26/2017 Kristine L. Berry

1.00

63
64

9/28/2017 Nathan T. Mitchler
9/29/2017 Kristine L. Berry

1.20
1.00

65
66

9/29/2017 Nathan T. Mitchler
10/12/2017 Cody J. Jess

1.00
1.40

67

10/12/2017 Julie S. Larsen

0.40

68

10/13/2017 Cody J. Jess

0.50

69

10/17/2017 Cody J. Jess

0.80

70

10/18/2017 Cody J. Jess

0.60

559.00 Analyzed service of process; reviewed and analyzed
required disclosures; researched fa ilure to submit
affidavits with motion
989.00 Prepared draft mandatory initial disclosure; researched
options to amend complaint with pending motion to
dismiss
430.00 Reviewed and summarized information required for
mandatory initial disclosure statement and communicate
with client re: [redacted for privilege]
516.00 Reviewed, drafted, and revised mandatory initial
disclosures; researched management status of Spring
Excellence
516.00 Review documents for inclusion in disclosure statement
645.00 Reviewed and revised draft disclosure statement
903.00 Finalize draft and review of materials for initial disclosure
statement
43.00 Prepared notice of service of responses to mandatory
initial discovery requests
559.00 Finalized mandatory initial disclosure statement;
reviewed SESH disclosure statement
602.00 Drafted and finalized case update and litigation strategy
plan
129.00 Conferred with process server re: service of Ms. Davis
688.00 Finalized letter to opposing counsel re: disclosure
deficiencies; reviewed and analyzed SESH reply in
support of motion to dismiss
200.00 Drafted second motion for extension of time to serve
Joanna Davis and affidavit of Mr. Mitchler
516.00 Drafted opposition to request for extension
200.00 Drafted response to defendants' motion for extension of
time to file reply in support of motion to dismss
430.00 Finalized opposition to request for extension
532.00 Corresponded with Mr. Hirsch re scheduling deadlines;
correspondence with Mr. Mitchler re same; telephone call
with Mr. Hirsch and Mr. Crane re Rule 26 (f) meeting;
settlement prospects
Prepared stipulation to continue Rule 16 scheduling
conference and order re: same
190.00 Reviewed draft of affidavit of service on Ms. Davis for
filing; reviewed order denying SESH motion to dismiss;
corresponded with Mr. Lowden re: [redacted for privilege]

LR 54(e)(1)(B)

559.00
Overruled

LR 54(e)(1)(B)

989.00
Overruled

LR 54.2(e)(2); LR 54(e)(1)(B)

0.00
Sustained; sustained

LR 54(e)(1)(B)

516.00
Overruled
516.00
645.00
903.00
43.00

LR 54(e)(1)(B)

559.00
Overruled
602.00
129.00
688.00

LR 54(e)(1)(B)
Overruled

200.00
516.00
200.00
430.00
532.00

LR 54(e)(1)(B)

Overruled
0.00
LR 54.2(e)(2); LR 54(e)(1)(B)

0.00

Sustained; sustained
304.00 Corresponded with Mr. Lowden re: [redacted for
LR 54.2(e)(2); LR 54(e)(1)(B)
privilege]; prepared for and attended conference call with
Mr. Hirsch re: scheduling and related matters
228.00 Telephone call with Mr. Lowden and Mr. Allen re:
LR 54.2(e)(2); LR 54(e)(1)(B)
[redacted for privilege]; corresponded with Mr. Hirsch and
Mr. Crane re motion to extend deadlines

0.00
Sustained; sustained
0.00
Sustained; sustained

71

10/19/2017 Cody J. Jess

1.10

72

10/24/2017 Cody J. Jess

0.20

73

10/30/2017 Cody J. Jess

0.30

74

10/31/2017 Cody J. Jess

0.50

75

10/31/2017 Kristine L. Berry

0.50

418.00 Prepared joint motion to continue deadlines and
LR 54(e)(1)(B)
proposed order; sent to Mr. Hirsch and Mr. Crane for
review; reviewed Mr. Crane's proposed changes; sent
same to client
Reviewed order granting joint motion to continue; sent
same to Mr. Lowden and Mr. Allen
114.00 Telephone call with Mr. Schube re: Davis answer
LR 54(e)(1)(B)
extension; corresponded with client contacts and Mr.
Schube re: same
190.00 Corresponded with client re: [redacted for privilege];
LR 54.2(e)(2); LR 54(e)(1)(B)
telephone call with Mr. Schube re: same and settlement
proposal
100.00 Drafted appli cation for entry of default re: Joanna Davis

76

11/1/2017 Cody J. Jess

0.20

77

11/2/2017 Cody J. Jess

1.60

608.00

78

11/2/2017 Julie S. Larsen

1.50

322.50

79

11/3/2017 Cody J. Jess

1.90

722.00

80

11/6/2017 Cody J. Jess

0.50

190.00

Corresponded with Mr. Schube re: default; prepared
default pleadings
Telephone call with Mr. Schube re: Davis default; calls
and emails with Mr .. Lowden re: [redacted for privilege];
prepared judgment and related pleadings re: Davis
judgment; calculated interest and fees to be applied to
judgment
Revised request for defa ult judgment and prepared
accompanying affidavit and proposed judgment
Corresponded with Mr. Lowden and Mr. Allen re:
[redacted for privilege]; emails with Mr. Lowden re:
[redacted for privilege]; reviewed documents from Mr.
Lowden re: same; Westlaw research re: effect of
untimely response under Rule 55
Telephoe call with Mr. Schube re: standstill agreement;
follow-up with client contacts re: same
Corresponded with Mr. Schube re: standstill agreement;
reviewed pleadings re: Excellence bankruptcy; reviewed
documents from Mr. Lowden re: SESH v. Davis litigation

418.00

Overruled

114.00
Overruled
0.00
Sustained; sustained
100.00
0.00

LR 54.2(e)(2); LR 54(e)(1)(B)

0.00

Sustained; sustained
322.50
LR 54.2(e)(2); LR 54(e)(1)(B)

0.00

Sustained; sustained
LR 54(e)(1)(B)

190.00
Overruled

81

11/7/2017 Cody J. Jess

1.10

418.00

LR 54(e)(1)(B)

82

11/9/2017 Brittany M. Neel

0.20

83

11/9/2017 Cody J. Jess

0.50

Conferred with Mr. Jess re: case status and unresolved
issues
190.00 Meeting with Ms. Neel re: vei l piercing claims; reviewed LR 54(e)(1)(B)
ANMM binder re: trade secret issue
450.00 Reviewed second amended complaint, defendants'
LR 54(e)(1)(B)
answers to same, Davis's motion to dismiss.
miscellaneous corporate documents, and Texas litigation
filings
975.00 Continued reviewing case documents and research case LR 54(e)(1)(B)
law re: piercing the corporate veil; drafted memorandum
re: case status and potential claims against Dr. Baig

418.00

Overruled

84

11/10/2017 Brittany M. Neel

1.80

85

11/13/2017 Brittany M. Neel

3.90

86

11/13/2017 Cody J. Jess

0.70

190.00
Overruled
450.00

Overruled
975.00

Overruled
266.00 Reviewed memorandum from Ms. Neal re: amendment to LR 54(e)(1)(B)
add corporate veil piercing remedy; corresponded with
client re: same

266.00
Overruled

87

11/14/2017 Cody J. Jess

0.90

88

11/14/2017 Kristine L. Berry

1.00

89

11/15/2017 Cody J. Jess

1.00

90

11/16/2017 Cody J. Jess

0.40

91

11/17/2017 Brittany M. Neel

0.80

92

11/17/2017 Cody J. Jess

1.20

93
94

11/17/2017 Julie S. Larsen
11/20/2017 Cody J. Jess

0.20
0.20

95

11/21/2017 Brittany M. Neel

3.40

96

11/21/2017 Cody J. Jess

3.60

97
98

11/22/2017 Brittany M. Neel
11/22/2017 Cody J. Jess

0.50
2.70

99

11/27/2017 Brittany M. Neel

0.20

11/27/2017 Cody J. Jess

2.70

342.00 Corresponded with Mr. Schube re: response to motion to
dismiss extension and related matters; prepared
stipulation re: same
200.00 Drafted stipulation to extend deadline for ARS to respond
to motion to dismiss and proposed order
380.00 Corresponded with Mr. Schube re: revisions to stipulation
to extend time for response to Davis motion to dismiss;
follow-up with clients re: case status and strategy re:
Davis claims
152.00 Corresponded with client and Mr. Schube re: Davis and
related claims; finalized and filed Davis extension
stipulation
200.00 Researched proper venue to depose party witnesses
residing out of state; reviewed documents and prepared
list of additional documents needed from Ms. Davis

LR 54(e)(1)(B)

342.00
Overruled
200.00

LR 54(e)(1)(B)

380.00

Overruled
LR 54(e)(1)(B)

152.00
Overruled

LR 54(e)(1)(B)

200.00

Overruled
456.00 Prepared for and attended call with Mr. Allen re:
LR 54.2(e)(2); LR 54(e)(1)(B)
[redacted for privilege]; prepared notice of Davis
deposition; meeting with Ms. Neel re: Dr. Baig claims;
corresponded with Mr. Schube re: additional documents
from Ms. Davis
Prepared notice of deposition of Ms. Davis
76.00 Corresponded with Mr. Schube re: telephone call to
discuss document request from Ms. Davis
850.00 Drafted letter to Spring Excellence Surgical Hospital re: LR 54(e)(1)(B)
lack of authority defense; telephone call with Mr. Shube
and Mr. Jess re: request for additional documents;
revised letter
1,368.00 Corresponded with Mr. Lowden re: [redacted for
LR 54.2(e)(2); LR 54(e)(1)(B)
privilege]; telephone call with Mr. Schube re: additional
Davis document production; prepared letter to Mr. Hirsch
re: disclaimer of authority defense; reviewed documents
from Ms. Davis re: SESH authority defense; meeting with
Ms. Neel re: same

0.00

Sustained; sustained
0.00
76.00
850.00

Overruled
0.00

Sustained; sustained

100

125.00 Revised letter to Spring Excellence Surgical Hospital
1,026.00 Continued reviewing Davis documents; prepared final
LR 54.2(e)(2); LR 54(e)(1)(B)
revisions to SESH demand; corresponded with Mr.
Lowden re: [redacted for privilege]
Reviewed email from Mr. Jess re: telephone call with
SESH's counsel re: amending complaint and waiving lack
of authority defense; conferred with Mr. Jess re: same
1,026.00 Prepared for and attended telephone call with Mr. Hirsch LR 54(e)(1)(B)
and Mr. Crane re: authority defense; lengthy email to
client summarizing same; corresponded with Mr. Schube
re: response to Davis motion to dismiss; reviewed motion
to dismiss; research re: effect of ratification vis-a-vis
damages

125.00
0.00
Sustained; sustained
0.00

1026.00

Overruled

101

11/28/2017 Cody J. Jess

0.30

102

11/29/2017 Brittany M. Neel

0.40

103

11/29/2017 Cody J. Jess

1.80

104

11/30/2017 Brittany M. Neel

6.00

105

11/30/2017 Cody J. Jess

5.10

106

11/30/2017 Julie S. Larsen

0.50

107

12/3/2017 Cody J. Jess

0.20

114.00 Call to Mr. Schube re: extension to respond to Davis
LR 54(e)(1)(B)
motion to dismiss; corresponded with client re: SESH
demand response
Reviewed letter from Mr. Hirsch, SESH company
agreement, and second amended petition filed in Texas
litigation
684.00 Reviewed letter from Mr. Hirsch and enclosed
LR 54(e)(1)(B)
documents; corresponded with Mr. Schube re: extension
to respond to David motion to dismiss; lengthy follow-up
email with Mr. Allen re: [redacted for privilege]

114.00
Overruled
0.00

684.00

Overruled

108
109

12/5/2017 Brittany M. Neel
12/5/2017 Cody J. Jess

0.90
0.30

110

12/6/2017 Brittany M. Neel

2.40

111

12/6/2017 Cody J. Jess

2.00

112

12/7/2017 Brittany M. Neel

1.20

113

12/7/2017 Cody J. Jess

1.30

114

12/7/2017 Julie S. Larsen

0.60

1,500.00 Reviewed various emails between Mr. Jess, Mr. Schube,
and Mr. Allen; compared revisions in second amended
Texas petition to first amended Texas petition; drafted
response to Davis motion to dismiss;
reviewed and revised same
1,938.00 Prepared response to Davis motion to dismiss; meeting
with Ms. Neel re: same; conference call with client re:
case status and strategy; prepared notice of depositions
on deposition subpoenas
107.50 Prepared notices of deposition for Dr. Baig, Ms. Davis,
Ms. Russell, and Mr. Francis and accompanying
subpoenas
76.00 Corresponded with Mr. Lowden re: [redacted for
privilege]
225.00 Began preparing agenda for Rule 26(f) conference
114.00 Corresponded with Mr. Schube and Mr. Hirsch re: joint
discovery plan meeting
600.00 Prepared agenda for Rule 26(f) conference; telephone
call with Mr. Lowden re: [redacted for privilege] and
email to Mr. Jess re: telephone call and agenda; met with
Mr. Jess to prepare for Rule 26(f) conference; participate
in telephonic Rule 26(f) conference with Mr.
Crane and Mr. Schube regarding discovery plan

LR 54(e)(1)(B)

760.00 Meeting with Ms. Neel re: joint discovery plan meeting;
call with Mr. Crane and Mr. Schube re: same; final
revisions to notice of depositions and deposition
subpoenas; finalized letter to Mr. Hirsch re: invoices and
payment demand
300.00 Searched for ARS documents re: potential amended
claims; drafted discovery plan and proposed scheduling
order; revised same; reviewed Davis's reply in support of
motion to dismiss
494.00 Corresponded with Mr. Lowden re: [redacted for
privilege]; prepared joint discovery pian; finalized notices
and deposition subpoenas
129.00 Prepared joint discovery plan; prepared correspondence
to accompany deposition subpoenas
Reviewed non-disclosure agreement between ARS and
SESH

1500.00

LR 54(e)(1)(B)

Overruled
LR 54(e)(1)(B)

1938.00

Overruled
107.50

LR 54.2(e)(2) (minus 0.2)

0.00
Sustained
225.00
114.00

LR 54.2(e)(2); LR 54(e)(1)(B)

0.00

Sustained; sustained

115

12/8/2017 Brittany M. Neel

0.30

760.00

Overruled
LR 54(e)(1)(B)

300.00

Overruled
LR 54.2(e)(2); LR 54(e)(1)(B)

0.00
Sustained; sustained

LR 54(e)(1)(B)

129.00
Overruled
0.00

116

12/8/2017 Cody J. Jess

0.20

Reviewed contract for deposition accommodations in
Texas
190.00 Corresponded with Mr. Schube re: revisions to proposed
scheduling order
825.00 Revised discovery plan and proposed scheduling order LR 54(e)(1)(B)
and exchange emails with Mr. Schube and Mr. Crane re:
same; reviewed documents from client and emailed Mr.
Jess re: analysis of potential amended claims

117

12/11/2017 Cody J. Jess

0.50

118

12/12/2017 Brittany M. Neel

3.30

119

12/12/2017 Cody J. Jess

1.80

120

12/13/2017 Brittany M. Neel

0.30

121

12/13/2017 Cody J. Jess

1.00

122
123

12/14/2017 Cody J. Jess
12/15/2017 Cody J. Jess

0.80
0.90

124

12/18/2017 Brittany M. Neel

1.20

125

12/18/2017 Cody J. Jess

1.30

126

12/19/2017 Brittany M. Neel

1.70

425.00 Attended scheduling conference; conferred with Mr. Jess LR 54(e)(1)(B)
re: same; reviewed scheduling order; emailed same to
Mr. Lowden; read emails from Mr. Lowden and Mr. Jess
re: SESH's admission in February 2017 letter

127

12/19/2017 Cody J. Jess

0.60

228.00 Meeting with Ms. Neel re: joint discovery plan; reviewed
Court's order re: same and sent to client; Westlaw
research re: statements by party opponent

0.00
190.00
825.00

Overruled
684.00 Corresponded with Mr. Crane and Mr. Schube re: to
LR 54.2(e)(2); LR 54(e)(1)(B)
same; reviewed court's order re: particulars of same;
corresponded with Marriott re: reservations for deposition
rooms in Texas
Exchanged emails with Mr. Lowden re: [redacted for
privilege]; reviewed emails from Mr. Schube re:
confidentiality agreement
380.00 Meeting with Ms. Neel re: motion for summary judgment; LR 54(e)(1)(B)
amended complaint re: trade secret theft; reviewed and
revised Davis proposed confidentiality agreement

0.00

Sustained; sustained
0.00

380.00

Overruled
304.00 Revised Davis proposed confidentiality agreement
342.00 Corresponded with Mr. Schube re: additional changes to LR 54.2(e)(2); LR 54(e)(1)(B)
proposed confidentiality agreement; reviewed Davis reply
to response to motion to dismiss; corresponded with Mr.
Lowden re [redacted for privilege]
300.00 Prepared motion for summary judgment; exchanged
LR 54(e)(1)(B)
emails with Mr. Crane and Mr. Schube re: confidentiality
agreement and Rule 16 conference; prepared for Rule 16
conference
494.00 Corresponded with clients and Mr. Barbarena re: service LR 54(e)(1)(B)
upon Ms. Russell; reviewed Texas Secretary of State
filings for Ms. Russell address; corresponded with Mr.
Maxon re: same; reviewed Mr. Schube's changes to
confidentiality agreement; corresponded with Ms. Neel
re: same; hearing on joint discovery plan

304.00
0.00

Sustained; sustained
300.00

Overruled
494.00

Overruled
425.00

Overruled
LR 54(e)(1)(B)

228.00
Overruled

128

12/20/2017 Brittany M. Neel

2.80

700.00 Prepared agenda for phone call with client
representatives; prepared for and participated in
telephone call with client representatives and Mr. Jess;
responded to email from Mr. Lowden re: [redacted for
privilege]; drafted internal memorandum summarizing
[redacted for privilege]; searched file for SESH's
response to cease and desist letter; emailed Mr. Crane
and Mr. Hirsch re: SESH's failure to respond to same

LR 54.2(e)(2); LR 54(e)(1)(B)

129

12/20/2017 Cody J. Jess

1.90

722.00 Prepared for and attended call with client re: [redacted LR 54.2(e)(2); LR 54(e)(1)(B)
for privilege]; meeting with Mr. Sorensen re: Rule 11
sanctions against Bryan Cave and SESH; prepared
litigation strategy outline; meeting with Ms. Neel re: same

130

12/21/2017 Brittany M. Neel

4.20

131

12/27/2017 Brittany M. Neel

2.00

132

12/27/2017 Cody J. Jess

0.20

133

12/28/2017 Brittany M. Neel

1.40

134

1/2/2018 Brittany M. Neel

2.60

135
136

1/3/2018 Cody J. Jess
1/4/2018 Brittany M. Neel

0.20
2.50

137

1/5/2018 Brittany M. Neel

1.50

138

1/5/2018 Cody J. Jess

0.90

139

1/8/2018 Brittany M. Neel

1.80

140

1/8/2018 Cody J. Jess

0.20

0.00

Sustained; sustained
0.00

Sustained; sustained
1,050.00 Researched agency law and review Texas limited liability LR 54(e)(1)(B)
act; began drafting motion for partial summary judgment

1050.00
Overruled

500.00 Continued preparing motion for partial summary
LR 54.2(e)(2); LR 54(e)(1)(B)
judgment; reviewed and responded to email from Mr.
Lowden re: [redacted for privilege]; reviewed and
responded to email from Mr. Hirsch re: deadline to
schedule
settlement conference
Corresponded with Mr. Hirsch re: scheduling settlement
conference
350.00 Continued preparing motion for partial summary
LR 54(e)(1)(B)
judgment; contacted Judge Boyle's chambers re:
availability for settlement conference and email opposing
counsels re: same
650.00 Continued drafting motion for partial summary judgment
Corresponded with Ms. Larsen re: service on Russell
625.00 Continued drafting motion for partial summary judgment; LR 54(e)(1)(B)
telephone call with Judge Boyle's assistant and email Mr.
Shube and Mr. Crane re: same
375.00 Continued drafting motion for partial summary judgment; LR 54(e)(1)(B)
telephone call with client representatives re: SESH
additional breaches of contract and status of documents;
conferred with Mr. Jess re: case status
355.50 Telephone call with Mr. Lowden and Mr. Allen re:
LR 54.2(e)(2); LR 54(e)(1)(B)
[redacted for privilege]; meeting with Ms. Neel re: same

0.00

Sustained; sustained
0.00
350.00

Overruled
650.00

625.00
Overruled
375.00

Overruled
0.00
Sustained; sustained

141

1/9/2018 Brittany M. Neel

0.30

450.00 Continued drafting motion for partial summary judgment
79.00 Reviewed additional litigation matter re: defamation;
memorandum from Ms. Neel re: same
Researched re: serving deposition subpoena on nonparty witness

450.00
Services unrelated to 2:17-cv-01688DWL

0.00
Sustained
0.00

142

1/9/2018 Cody J. Jess

0.60

143

1/10/2018 Brittany M. Neel

0.20

144

1/11/2018 Brittany M. Neel

0.20

145

1/11/2018 Cody J. Jess

0.20

146

1/12/2018 Brittany M. Neel

0.30

147

1/15/2018 Brittany M. Neel

0.20

148

1/16/2018 Brittany M. Neel

0.40

149

1/17/2018 Brittany M. Neel

2.50

150

1/17/2018 Cody J. Jess

0.50

151

1/18/2018 Brittany M. Neel

2.80

152

1/18/2018 Cody J. Jess

3.60

153

1/19/2018 Brittany M. Neel

2.20

154

1/19/2018 Cody J. Jess

1.60

155

1/19/2018 Julie S. Larsen

2.30

237.00 Corresponded with Ms. Larsen re: service on Russell;
LR 54(e)(1)(B)
corresponded with Mr. Schube re: confidentiality
agreement and Davis deposition and third-party
depositions
Researched altern ative service of deposition subpoenas
50.00 Emailed Mr. Schube re: confidentiality agreement and
attempts to serve Ms. Russell
79.00 Meeting with Ms. Neel and Ms. Larsen re: Texas
depositions; continuing Davis deposition
75.00 Telephone call with Mr. Crane re: issue of ARS's
confidential documents and potential settlement offer
Telephone call with client representatives re: case status
and potential settlement offer from SESH
100.00 Emailed opposing counsels to follow up re: availability for LR 54(e)(1)(B)
settlement conference and rescheduled depositions,
attempted to contact Dr. Francis re: rescheduled
deposition; read and respond to email from Mr. Crane re:
settlement conference schedule
625.00 Emailed Mr. Schube re: his failure to respond to multiple LR 54(e)(1)(B)
emails, conferred with Ms. Berry re: notice to Dr. Francis
re: rescheduled depositions; reviewed letter to Dr.
Francis re: same; drafted statement of facts in support of
motion for partial summary judgment

237.00

Overruled
0.00
50.00
79.00
75.00
0.00
100.00

Overruled
625.00

Overruled
197.50 Corresponded with Ms. Neel re: status of deposition
LR 54(e)(1)(B)
rescheduling; demands to defendants re: same; reviewed
and revised letter to Dr. Francis re: continuation;
corresponded with Mr. Mack re: Mr. Schube's absence
and attorney representing Davis in ARS litigation

197.50

Overruled
700.00 Searched and located SESH property address; emailed
Mr. Lowden re: [redacted for privilege]r; revised motion
for partial summary judgment and statement of facts in
support of same
1,422.00 Reviewed and revised motion for summary judgment;
statement of facts; prepared settlement letter to Mr.
Hirsch; corresponded with Judge Boyle's chambers re:
settlement conference
550.00 Reviewed and finalized motion for partial summary
judgment, statement of facts, and exhibits to same;
conferred with Mr. Jess re: same and settlement offer
letter
632.00 Corresponded with Mr. Lowden re: [redacted for
privilege]; reviewed and revised final drafts of same and
exhibits attached thereto
517.50 Reviewed and revised Webb and Lowden affidavits,
motion for partial summary judgment, and the
accompanying statement of facts

LR 54.2(e)(2); LR 54(e)(1)(B)

0.00

Sustained; sustained
LR 54(e)(1)(B)

1422.00

Overruled
LR 54(e)(1)(B)

550.00

Overruled
LR 54.2(e)(2); LR 54(e)(1)(B)

0.00
Sustained; sustained
517.50

156

1/22/2018 Brittany M. Neel

2.60

650.00 Reviewed emails from Mr. Lowden re: [redacted for
LR 54.2(e)(2); LR 54(e)(1)(B)
privilege]; drafted email to Mr. Mack re: status of Davis's
representation; reviewed case law and correspondence
re: potential theft of trade secret claims; telephone calls
with Mr. Mack and Mr.
Schube re: status of Ms. Davis's representation;
responded to email from Mr. Lowden re: questions about
motion for partial summary judgment; exchanged emails
with Mr. Lowden re: Deb Sofia's affidavit

157

1/22/2018 Cody J. Jess

1.20

158

1/24/2018 Brittany M. Neel

0.60

159

1/24/2018 Cody J. Jess

0.20

160

1/25/2018 Cody J. Jess

1.60

161

1/26/2018 Brittany M. Neel

0.20

162

1/26/2018 Cody J. Jess

0.30

163

1/28/2018 Cody J. Jess

0.30

474.00 Reviewed Manning Kass motion to withdraw; calls with LR 54(e)(1)(B)
Mr. Schube and Mr. Mack re: Davis representation;
corresponded with Mr. Mack and Ms. Davis re: same;
meeting with Ms. Neel re: revisions to draft motion for
summary judgment
Conferred with Mr. Jess re: case status; emailed Mr.
Lowden [redacted for privilege]; emailed Magistrate
Judge Boyle's assistant, Ms. Brown, re: status of
scheduling settlement conference; emailed Mr. Crane re:
rescheduling depositions; conferred with Ms. Larsen re:
preparing settlement letter and motion to be sent to Mr.
Crane
Meeting with Ms. Neel re: finalization of motion for
summary judgment and settlement documents
632.00 Reviewed final drafts of motion for summary judgment,
LR 54(e)(1)(B)
statement of facts and settlement offer; sent same to Mr.
Hirsch; corresponded with Mr. Mack re: Davis
representation; meeting with Ms. Neel re: depositions
schedule
Reviewed and responded to email from Mr. Lowden re:
Joanna Davis's representation status and potential
willingness to cooperate
118.50 Corresponded with client re: third-party witness
depositions
118.50 Corresponded with Mr. Allen re: [redacted for privilege]; LR 54.2(e)(2); LR 54(e)(1)(B)
exchanged emails with Mr. Kimbell re: Francis deposition

164

2/10/2018 Cody J. Jess

0.40

165

2/12/2018 Cody J. Jess

0.20

0.00

Sustained; sustained
474.00

Overruled
0.00

0.00
632.00

Overruled
0.00

118.50
0.00
Sustained; sustained

158.00 Corresponded with Mr. Crane re: ARS settlement offer;
reviewed emails from Mr. Crane re: intellectual property
claims
Corresponded with Mr. Allen re: [redacted for privilege]

LR 54(e)(1)(B)

158.00
Overruled

LR 54.2(e)(2) (minus 0.2)

0.00
Sustained

166

2/13/2018 Cody J. Jess

0.20

79.00 Corresponded with Mr. Allen re: SESH litigation strategy; LR 54(e)(1)(B)
reviewed order granting Davis's counsel's withdrawal

79.00
Overruled

167

2/15/2018 Brittany M. Neel

1.50

375.00 Reviewed letter from Mr. Hirsch re: SESH's settlement
LR 54(e)(1)(B)
counter offer; conferred with Mr. Jess re: same; email to
Ms. Davis re: scheduling telephone call; email to Ms.
Brown re: settlement conference; drafted email to Mr.
Crane re: SESH's theft of ARS's proprietary patient
forms

168

2/15/2018 Cody J. Jess

0.40

169

2/16/2018 Cody J. Jess

0.50

158.00 Meeting with Ms. Neel re: case status and strategy;
LR 54(e)(1)(B)
corresponded with Ms. Davis re: settlement and
mediation meeting
197.50 Corresponded with Mr. Crane re: theft of ARS intellectual LR 54(e)(1)(B)
property issue; meeting with Ms. Neel re: same

170

2/19/2018 Brittany M. Neel

1.80

450.00 Prepared agenda outline for phone call with Ms. Davis; LR 54.2(e)(2); LR 54(e)(1)(B)
telephone call with Ms. Davis; prepared summary of
same; reviewed emails exchanged between Mr. Jess, Mr.
Lowden, and Mr. Allen re: [redacted for privilege]

171

2/19/2018 Cody J. Jess

1.80

711.00 Prepared for and attended call with Ms. Davis re:
mediation; SESH claims; reviewed settlement .
counteroffer from Mr. Hirsch; sent same to clients
together with case strategy; corresponded with clients
re: same

172

2/20/2018 Brittany M. Neel

0.20

173

2/20/2018 Cody J. Jess

0.20

174

2/22/2018 Cody J. Jess

0.20

175

2/23/2018 Cody J. Jess

0.20

176

2/27/2018 Brittany M. Neel

0.80

177

2/27/2018 Cody J. Jess

1.40

178

2/28/2018 Cody J. Jess

0.40

179

3/2/2018 Cody J. Jess

0.20

180

3/5/2018 Cody J. Jess

0.60

375.00

Overruled
158.00
Overruled
197.50
Overruled
0.00

Sustained; sustained
LR 54(e)(1)(B)

711.00

Overruled
Reviewed emails from Ms. Davis with attached
documents
79.00 Corresponded with Ms. Davis re: documents illustrating
corporate authority
79.00 Corresponded with Mr. Crane re: agreement to amend
complaint
Meeting with Ms. Neel re: telephone call with Mr. Crane
re: stipulation to amend complaint
0.80 Telephone call with Mr. Jess and Mr. Crane re:
stipulation to amend complaint and status of settlement
negotiations; email to Mr. Lowden re: exhibits to mutual
non-disclosure agreement addendum 1

0.00
79.00
79.00
0.00
LR 54(e)(1)(B)

0.80

Overruled
1.40 Meeting with Ms. Neel re: case status and strategy;
LR 54.2(e)(2); LR 54(e)(1)(B)
corresponded with Mr. Lowden and Mr. Maxon re:
[redacted for privilege] prepared for and attended call
with Mr. Crane re: amendment to complaint to add theft
of trade secrets claim; reviewed order denying Davis
motion to dismiss
0.40 Corresponded with Ms. Davis re: additional contracts;
LR 54(e)(1)(B)
follow-up with court re: settlement conference scheduling

0.00

Sustained; sustained
0.40
Overruled

Reviewed order setting settlement conference;
corresponded with client re: [redacted for privilege]
237.00 Prepared agenda for strategy meeting; corresponded
with Ms. Davis re: narrative and document review

0.00
LR 54(e)(1)(B)

237.00
Overruled

181

3/6/2018 Cody J. Jess

6.40

182

3/6/2018 Kristine L. Berry

1.00

183

3/7/2018 Cody J. Jess

0.30

184

3/8/2018 Cody J. Jess

0.60

185

3/9/2018 Cody J. Jess

0.20

186

3/13/2018 Brittany M. Neel

3.80

187

3/17/2018 Cody J. Jess

0.70

188

3/19/2018 Cody J. Jess

0.20

189

3/20/2018 Brittany M. Neel

1.50

190

3/20/2018 Cody J. Jess

2.20

191

3/21/2018 Brittany M. Neel

6.40

2,528.00 Prepared for and attended meeting with clients re: case
status and strategy; call with Mr. Hirsch re: SESH
request for damages information per settlement letter;
prepared follow up emails to Mr. Hirsch and clients re:
same; prepared case narrative and sent same to
Brandon Maldonado; Westlaw research re:
misappropriation claims under the AUTSA; call with Ms.
Davis re: affidavit
200.00 Began drafting first request for production of documents
to SESH
118.50 Corresponded with Mr. Lowden re: [redacted for
privilege] call to Ms. Davis re: affidavits; corresponded
with Mr. Hirsch and Mr. Crane re: amended complaint
237.00 Lengthy call with Ms. Davis re: case status and
background; follow up with client re: [redacted for
privilege]
Reviewed status of Texas litigation; follow up with client
re: same
950.00 Reviewed caselaw; researched misappropriation of trade
secrets and/or confidential information and copyright
infringement; emailed Mr. Lowden re: [redacted for
privilege]
276.50 Corresponded with Mr. Allen re: SESH collections issue;
research re: potential discoverable information re: SESH
financials
Corresponded with Mr. Maxon and Mr. Allen re:
[redacted for privilege]
375.00 Conferred with Mr. Jess re: discovery strategy and
amended complaint; researched remedies available for
misappropriation of trade secrets claims; revised third
amended complaint
869.00 Meeting with Ms. Neel to discuss case status and
strategy; third amended complaint review and revisions;
reviewed Davis narrative to incorporate into Davis and
Russell declarations; began preparing same

LR 54(e)(1)(B)

2528.00

Overruled
200.00
LR 54.2(e)(2); LR 54(e)(1)(B)

0.00
Sustained; sustained

LR 54.2(e)(2); LR 54(e)(1)(B)

0.00
Sustained; sustained
0.00

LR 54.2(e)(2); LR 54(e)(1)(B)

0.00

Sustained; sustained
LR 54(e)(1)(B)

276.50
Overruled
0.00

LR 54(e)(1)(B)

375.00

Overruled
LR 54(e)(1)(B)

869.00

Overruled
1,600.00 Researched damages and remedies available for breach LR 54.2(e)(2); LR 54(e)(1)(B)
of non-disclosure agreements, misappropriation of trade
secrets, and copyright infringement; drafted letter to Mr.
Lowden re: [redacted for privilege] re: same; conferred
with Mr. Jess and Mr. Sorensen re: same;
revise letter; begin drafting requests for production to
SESH; review and revise affidavit of Ms. Davis; prepare
flow chart of SESH entities

0.00

Sustained; sustained

192

3/21/2018 Cody J. Jess

4.80

193

3/22/2018 Brittany M. Neel

3.70

194

3/22/2018 Cody J. Jess

1.60

195

3/26/2018 Brittany M. Neel

2.30

196

3/26/2018 Cody J. Jess

1.30

197

3/27/2018 Brittany M. Neel

2.70

198

3/27/2018 Cody J. Jess

1.30

199

3/28/2018 Brittany M. Neel

1.50

200

3/28/2018 Cody J. Jess

1.00

1,896.00 Reviewed documents produced by Ms. Davis re:
LR 54(e)(1)(B)
authority issue; prepared Davis and Russell declarations
for motion for summary judgment; corresponded with Mr.
Crane re: meeting to discuss
amended complaint; meeting with Ms. Neel re: analysis
of damages re: theft of trade secrets; meeting with Mr.
Sorensen re: trade secrets/confidential information claim;
corresponded with Ms. Davis re: SESH assets and
related issues; reviewed and revised e-mail to
clients re: damages analysis re: amended claims

1896.00

Overruled
925.00 Final revisions to letter to Mr. Maldonado, Mr. Lowden,
LR 54.2(e)(2); LR 54(e)(1)(B)
and Mr. Allen re: [redacted for privilege]; drafted requests
for production, non-uniform interrogatories, and requests
for admissions
632.00 Corresponded with Mr. Allen re: amendments to
LR 54(e)(1)(B)
complaint; corresponded with Mr. Hirsch re: same;
prepared follow up e-mail to Ms. Davis re: additional
questions re: entity makeup; reviewed Texas petition re:
same
575.00 Prepared agenda for telephone call with Mr. Lowden, Mr. LR 54.2(e)(2); LR 54(e)(1)(B)
Allen, and Mr. Maldonado; telephone call with same and
Mr. Jess re: potential amended claims and strategy;
revised draft of third amended complaint to include
copyright infringement claim; emailed Ms.
Davis re: SESH's license application; reviewed Ms.
Davis's revisions to her affidavit; reviewed email from Mr.
Lowden re: [redacted for privilege]
513.50 Prepared for and attended conference call with clients re: LR 54.2(e)(2); LR 54(e)(1)(B)
[redacted for privilege]; meeting with Ms. Neel re: going
forward strategy; prepared offer to Mr. Hirsch re:
amended complaint
675.00 Revised request for production to SESH; telepphone call LR 54(e)(1)(B)
with Mr. Crane and Mr. Hirsch re: amended claims and
potential settlement re: same; reviewed and organized
client documents to prepare supplemental disclosure
statement
513.50 Prepared for and attended call with Mr. Hirsch and Mr.
Crane re: third amended complaint; settlement
375.00 Drafted summary of 3/27 telephone call with Mr. Hirsch LR 54(e)(1)(B)
and Mr. Crane re: settlement of potential amended claims
and status of discovery; reviewed documents from client
to search for invoices from ARS to SESH; reviewed
SESH's Notice of Service of Discovery; conferred with
Ms. Berry re: supplemental disclosure

0.00

Sustained; sustained
632.00

Overruled
0.00

Sustained; sustained
0.00

Sustained; sustained
675.00

Overruled
513.50
375.00

Overruled
395.00 Revised summary of phone call with Mr. Hirsch and Mr. LR 54(e)(1)(B)
Crane and sent same to clients; reviewed multiple email
and document correspondences from Ms. Davis re:
authority issue

395.00

Overruled

201

3/29/2018 Brittany M. Neel

4.50

1,125.00 Emailed Mr. Crane and Mr. Hirsch to follow up re: the
LR 54(e)(1)(B)
status of the stipulated motion to extend the scheduling
order deadline; emailed Ms. Davis re: same; drafted
requests for production and non-uniform interrogatories
to Ms. Davis; revised requests for production, nonuniform
interrogatories, and requests for admissions to SESH;
drafted ARS's first supplemental response to mandatory
initial disclosure; reviewed documents to be produced in
connection with same

202

3/29/2018 Cody J. Jess

3.20

203

3/29/2018 Julie S. Larsen

1.20

204

3/30/2018 Brittany M. Neel

1.30

1,264.00 Corresponded with clients re: [redacted for privilege];
LR 54.2(e)(2); LR 54(e)(1)(B)
prepared written discovery to propound on SESH and
Davis; corresponded with Ms. Davis re: revisions to her
and Janell Russell affidavits
Reviewed and finalized discovery requests to SESH;
prepared accompanying notice of service for filing
325.00 Drafted first supplemental response to mandatory initial LR 54(e)(1)(B)
disclosure; reviewed documents received from Ms.
Davis; emailed Ms. Davis to follow-up re: stipulation to
extend scheduling order deadline; prepared SESH
ownership flowchart
474.00 Reviewed Ms. Davis documents re: SESH assets;
LR 54(e)(1)(B)
reviewed and revised draft discovery propounded upon
Ms. Davis; revisions to supplemental MIDP; reviewed
SESH asset search
180.00 Revised and finalized requests for production of
LR 54(e)(1)(B)
documents and interrogatories to Ms. Davis; prepared
notice of service re: same; reviewed and revised
supplemental response to mandatory initial discovery
175.00 Revised SESH ownership flowchart; emailed Ms. Davis LR 54(e)(1)(B)
re: subscription agreement; reviewed additional
documents emailed from Ms. Davis; revised first
supplemental response to mandatory initial discovery;
reviewed Mr. Jess's revisions to non-uniform
interrogatories to Davis
275.00 Conferred with Mr. Jess re: case status; revised first
LR 54(e)(1)(B)
supplemental response to mandatory initial discovery and
emailed same to Mr. Lowden; conferred with Mr. Jess re:
30(b)(6) deposition topics
395.00 Corresponded with Ms. Davis re: discovery requests;
LR 54(e)(1)(B)
emails with third parties re: depositions; meeting with Ms.
Neel re: case status and strategy
395.00 Corresponded with clients re: [redacted for privilege]
LR 54.2(e)(2) (minus 1.0)
Reviewed email from Mr. Lowden re: [redacted for
privilege]; reviewed emails exchanged re: status of SESH
asset investigation
Corresponded with Ms. Neel re: SESH representations
re: contract; corresponded with Mr. Crane and Mr. Hirsch
re: status of settlement proposal re: additional claims

1125.00

Overruled

205

4/2/2018 Cody J. Jess

1.20

206

4/2/2018 Julie S. Larsen

0.80

207

4/2/2018 Brittany M. Neel

0.70

208

4/3/2018 Brittany M. Neel

1.10

209

4/3/2018 Cody J. Jess

1.00

210
211

4/4/2018 Cody J. Jess
4/4/2018 Brittany M. Neel

1.00
0.20

212

4/5/2018 Cody J. Jess

0.30

0.00

Sustained; sustained
0.00
325.00

Overruled
474.00

Overruled
180.00

Overruled
175.00

Overruled
275.00

Overruled
395.00
Overruled
Sustained

0.00
0.00

213

4/5/2018 Brittany M. Neel

1.20

300.00 Reviewed documents from client uploaded to ShareFile; LR 54(e)(1)(B)
emailed Inertia Solutions representative re: uploading
voluminous document set to Relativity platform; drafted
email to Mr. Crane and Mr. Hirsch re: follow up on
settlement proposal and availability for depositions;
emailed Ms. Janell Russell re: availability for phone call

214

4/9/2018 Brittany M. Neel

2.40

215

4/9/2018 Cody J. Jess

1.50

600.00 Exchanged emails with Ms. Russell re: phone call;
LR 54(e)(1)(B)
exchanged emails with Mr. Crane and Mr. Hirsch re:
settlement proposal and depositions; phone call with Mr.
Fritz re: uploading documents to document review
database; emailed Mr. Lowden re: business associates
agreement for Inertia; emailed Mr. Fritz re: same;
conferred with Mr. Jess re: potential amended complaints
and strategy
592.50 Reviewed correspondences from Ms. Russell re: meeting LR 54(e)(1)(B)
to discuss affidavit; meeting with Ms. Neel and Inertia re:
document search; corresponded with Mr. Hirsch and Mr.
Crane re: settlement proposal re: additional claims;
scheduling depositions; meeting with Ms. Neel re: case
strategy in light of Hirsch e-mail re: amended claims

300.00

Overruled
600.00

Overruled
592.50

Overruled
216

4/10/2018 Brittany M. Neel

4.40

217

4/10/2018 Cody J. Jess

0.90

218

4/11/2018 Brittany M. Neel

1.20

219

4/11/2018 Cody J. Jess

0.50

220

4/12/2018 Brittany M. Neel

2.90

221

4/12/2018 Cody J. Jess

3.60

222

4/13/2018 Julie S. Larsen

0.60

1,100.00 Drafted motion to amend complaint; revised third
LR 54(e)(1)(B)
amended complaint; phone call with Ms. Russell re:
affidavit and testimony re: facts of the case
355.50 Prepared for and attended conference call with Ms.
LR 54(e)(1)(B)
Russell re: Davis authority issue; emails with Mr. Lowden
re: case status and strategy
300.00 Drafted Janell Russell's affidavit; conferred with Mr. Jess LR 54(e)(1)(B)
re: motion to amend complaint to add amended claims

1100.00
Overruled
355.50
Overruled
300.00
Overruled

197.50 Meeting with Ms. Neel re: case status and strategy re:
amended claims and discovery
725.00 Prepared agenda for phone call with clients; phone call
with clients re: amended claims, case status, and
strategy; revised motion to amend complaint and third
amended complaint; emailed same to Mr. Lowden and
Mr. Allen to review
1,422.00 Reviewed and revised Russell affidavit; reviewed and
revised motion to file amended complaint; reviewed and
revised amended complaint; prepared for and attended
meeting with clients re: strategy in amending complaint;
corresponded with Ms. Russell and Ms. Davis re final
affidavits; reviewed Davis responses to discovery

197.50
LR 54(e)(1)(B)

725.00

Overruled
LR 54(e)(1)(B)

1422.00

Overruled
Reviewed and revised motion for leave to amend
complaint and amended complaint

223

4/13/2018 Brittany M. Neel

1.20

300.00 Revised motion to amend complaint and third amended
complaint; drafted second set of non-uniform
interrogatories and requests for production to SESH

LR 54(e)(1)(B)

224

4/13/2018 Cody J. Jess

1.10

434.50 Westlaw research re: pleading standard re: affirmative
LR 54(e)(1)(B)
defenses in District of Arizona; reviewed and revised final
drafts of motion for leave to amend and amended
complaint; reviewed and revised second set of discovery
propounded on SESH; reviewed Mr. Lowden's changes
to draft complaint and motion; incorporated same

225

4/16/2018 Cody J. Jess

0.20

226

4/16/2018 Brittany M. Neel

0.90

227

4/17/2018 Brittany M. Neel

0.20

228

4/18/2018 Cody J. Jess

0.60

229

4/19/2018 Brittany M. Neel

1.80

230

4/19/2018 Cody J. Jess

0.80

231
232

4/20/2018 Brittany M. Neel
4/23/2018 Brittany M. Neel

0.20
2.00

79.00 Reviewed and revised proposed order re: third amended LR 54.2(e)(2); LR 54(e)(1)(B)
complaint; corresponded with Mr. Lowden re: [redacted
for privilege]
225.00 Reviewed final revisions to motion to amend complaint
LR 54(e)(1)(B)
and third amended complaint; reviewed exhibits to same;
emailed Mr. Jess to follow up re: second set of discovery
to SESH
Reviewed second set of discovery to SESH and notice of
service of same
237.00 Corresponded with Mr. Hirsch and clients re: ARS
LR 54.2(e)(2); LR 54(e)(1)(B)
financials proposal; emails with Mr. Lowden re: [redacted
for privilege] Davis and Russell affidavits
450.00 Drafted notice of SESH's 30(b)(6) witness deposition;
LR 54.2(e)(2); LR 54(e)(1)(B)
phone call with Mr. Lowden r [redacted for privilege];
researched whether ARS may be subject to an attorneys'
fee award upon voluntary dismissal of Davis
316.00 Prepared for and attended meeting with Mr. Lowden re: LR 54.2(e)(2); LR 54(e)(1)(B)
[redacted for privilege] corresponded with Mr. Kimbell re:
Dr. Francis deposition
Exchanged emails with Mr. Fritz re: document review
500.00 Read several emails from Mr. Jess re: EMG bankruptcy LR 54(e)(1)(B)
filing; reviewed EMG bankruptcy claims; conferred with
Mr. Jess re: discovery schedule; phone call with Messrs.
Hirsch and Crane re: disclosure of SESH's financial
information; drafted notices of deposition; drafted email
to Ms. Davis re: status of affidavit

233

4/23/2018 Cody J. Jess

1.70

671.50 Reviewed response from Mr. Hirsch re: SESH financials; LR 54(e)(1)(B)
corresponded with Mr. Hirsch and clients re: same;
reviewed EMG bankruptcy schedules and statements

234

4/24/2018 Cody J. Jess

1.70

235

4/24/2018 Brittany M. Neel

7.00

671.50 Prepared for and attended meeting with Inertia re:
LR 54(e)(1)(B)
document review; prepared correspondence with Ms.
David for production to SESH in response to request for
production; reviewed memorandum from Ms. Neel re:
attorneys' fee issue
1,750.00 Researched attorneys fee awards on voluntary dismissal; LR 54(e)(1)(B)
drafted memorandum re: same; reviewed documents
provided by ARS

300.00

Overruled
434.50

Overruled
0.00
Sustained; sustained
225.00

Overruled
0.00
0.00
Sustained; sustained
0.00

Sustained; sustained
0.00
Sustained; sustained
500.00

Overruled
671.50

Overruled
671.50

Overruled
1750.00
Overruled

236

4/25/2018 Cody J. Jess

0.20

237

4/25/2018 Brittany M. Neel

6.50

238

4/26/2018 Cody J. Jess

0.50

239

4/26/2018 Brittany M. Neel

7.20

Finalized review of memorandum on attorneys' fees
issue; meeting with Ms. Neel re: same
1,625.00 Reviewed documents from ARS; revised memorandum
re: attorneys fees ordered upon voluntary dismissal and
emailed same to Mr. Lowden
197.50 Meeting with Ms. Neel re: discovery responses; lengthy
correspondence with Mr. Hirsch re: discovery extension

LR 54(e)(1)(B)

1625.00
Overruled

LR 54(e)(1)(B)

197.50
Overruled

1,800.00 Reviewed documents from ARS; exchanged emails with
Mr. Hirsch re: extension to respond to discovery
276.50 Corresponded with Mr. Hirsch re: extension to respond to
discovery; amended scheduling order; calls with Mr.
Hirsch re: settlement proposal
300.00 Reviewed documents from ARS
275.00 Reviewed documents from ARS
197.50 Corresponded with Mr. Lowden re: [redacted for
privilege] corresponded with Davis, Russell, Francis, and
Mr. Hirsch re: deposition schedules
2,125.00 Reviewed documents from ARS; read SESH's response
to the motion to amend second amended complaint;
conferred with Mr. Jess re: discovery deadlines and
deposition schedule
Emailed Mr. Fritz re: preparing documents for production;
emailed Mr. Lowden re: SESH's [redacted for privilege];
reviewed SESH's responses to requests for admission
and non-uniform interrogatories

LR 54(e)(1)(B)

1800.00
Overruled

240

4/27/2018 Cody J. Jess

0.70

LR 54(e)(1)(B)

241
242
243

4/27/2018 Brittany M. Neel
4/29/2018 Brittany M. Neel
4/30/2018 Cody J. Jess

1.20
1.10
0.50

244

4/30/2018 Brittany M. Neel

8.50

245

5/1/2018 Brittany M. Neel

0.80

246

5/1/2018 Cody J. Jess

0.60

237.00 Meeting with Ms. Neel re: document production to SESH; LR 54(e)(1)(B)
corresponded with Mr. Kimbell re: Dr. Francis deposition;
corresponded with Mr. Crane re: discovery responses

247

5/2/2018 Brittany M. Neel

7.90

248

5/2/2018 Cody J. Jess

1.00

249

5/3/2018 Brittany M. Neel

6.90

1,975.00 Reviewed SESH's response to the motion for leave to file LR 54(e)(1)(B)
third amended complaint; read cases cited in same;
drafted reply in support of motion for leave to file third
amended complaint; telephone call with Mr. Fritz re:
preparing ARS documents for disclosure; reviewed
SESH's responses to requests for admission and
nonuniform interrogatories; emailed Mr. Hirsch and Mr.
Crane re: deficiencies in same
395.00 Corresponded with Mr. Lowden re: discovery responses; LR 54(e)(1)(B)
reviewed and revised correspondence to SESH attorneys
re: meet and confer; meeting with Ms. Neel re: reply to
response to motion for leave to amend; deposition
schedules
1,725.00 Reviewed document production; revised notices of
LR 54(e)(1)(B)
deposition; telephone call with Mr. Fritz re: same;
telephone call with Mr. Hirsch and Mr. Crane re:
discovery dispute; drafted reply in support of motion for
leave to file third amended complaint

276.50
Overruled
300.00
275.00
0.00

LR 54.2(e)(2); LR 54(e)(1)(B)
Sustained; sustained
LR 54(e)(1)(B)

2125.00

Overruled
0.00

237.00

Overruled
1975.00

Overruled
395.00

Overruled
1725.00

Overruled

250

5/3/2018 Cody J. Jess

2.80

251

5/4/2018 Brittany M. Neel

5.10

252

5/4/2018 Cody J. Jess

3.30

253

5/4/2018 Julie S. Larsen

0.40

254

5/4/2018 PS

1.50

255

5/7/2018 Brittany M. Neel

3.10

256

5/7/2018 Cody J. Jess

2.10

257

5/7/2018 Julie S. Larsen

0.30

1,106.00 Prepared for and attended meet and confer re: SESH
LR 54(e)(1)(B)
discovery responses; emails to Ms. Davis, Ms. Russell
and Mr. Kimbell re: deposition schedules; prepared
lengthy e-mail to Mr. Hirsch re: discovery objections;
meeting with Ms. Neel re: depositions
1,275.00 Prepared production log; drafted response to SESH's
LR 54.2(e)(2); LR 54(e)(1)(B)
first set of requests for production to ARS; read Mr.
Hirsch's email re: discovery dispute; drafted response to
same; reviewed and revised reply in support of motion for
leave to fi le thi rd amended complaint; conferred with Mr.
Sorenson re: case strategy; drafted email to Mr. Lowden
and Mr. Allen re: [redacted for privilege]

1106.00

Overruled
0.00

Sustained; sustained
1,303.50 Reviewed and revised reply to response to motion to
LR 54(e)(1)(B)
amend complaint; meeting with Ms. Neel re: same;
meeting with Mr. Sorensen re: Rule 11 sanctions motion;
prepared lengthy e-mail to clients re discovery schedule;
corresponded with Mr. Hirsch re discovery dispute re:
SESH deficient discovery responses; follow up with ARS
re: status of depositions
Overruled
Finalized and filed reply in support of motion for leave to
file amended complaint
892.50 Meeting with Mr. Jess and Ms. Neel re: strategy
No identity, no qualifications, billing rate
exceeds upper limit of hourly rates set
forth in SW engagement agreement,
no evidence that SW's rates increased Sustained; fee
reduced to
beyond rates set forth in SW
$430/hour
engagement agreement
775.00 Reviewed emails between ARS's counsel and Davis;
LR 54(e)(1)(B)
telephone call with Mr. Fritz re: document production and
privilege documents; drafted second supplemental
response to mandatory initial discovery requests; revised
response to SESH first set of requests for production;
read email from Mr. Hirsch re: discovery dispute
resolution; conferred with Mr. Jess re: same; emailed
Mssrs. Hirsch and Dan re: document production
Overruled
829.50 Reviewed and revised discovery responses;
LR 54.2(e)(2); LR 54(e)(1)(B)
corresponded with Mr. Lowden re: [redacted for
privilege]; ca ll with Davis re: affidavit; corresponded with
Mr. Hirsch re: discovery dispute; meeting with Ms. Neel
re: discovery responses and Dr .. Baig deposition
schedule;
reviewed SESH discovery responses to requests for
Sustained; sustained
production
Prepared and filed notice of errata re: reply in support of
motion for leave

1303.50

0.00
645.00

775.00

0.00

0.00

258

5/8/2018 Brittany M. Neel

3.80

259

5/8/2018 Cody J. Jess

2.20

260

5/9/2018 Brittany M. Neel

1.50

261

5/9/2018 Cody J. Jess

1.60

262
263

5/10/2018 Brittany M. Neel
5/11/2018 Cody J. Jess

0.20
0.20

264

5/11/2018 Julie S. Larsen

0.20

265

5/14/2018 Brittany M. Neel

1.00

266

5/14/2018 Cody J. Jess

0.50

267

5/15/2018 Brittany M. Neel

0.80

950.00 Reviewed SESH's response to ARS's first set of requests
for production of documents; drafted email to SESH's
counsel re: deficiencies in same; telephone call with Mr.
Kimbell re: Dr. Francis's affidavit and deposition; drafted
Dr. Francis's affidavit; drafted email
to Mr. Kimbell re: same; telephone call with Mr. Lowden
re: settlement conference and depositions; revised notice
of deposition
869.00 Corresponded with Mr. Kimbell re: Dr. Francis affidavit;
call with Mr. Kimbell re: same; revised notice of service of
discovery responses; reviewed and revised notice of
Baig deposition; reviewed and revised Dr. Francis
affidavit; sent same to Mr. Kimbell
375.00 Telephone call with Mr. Hirsch re: discovery disputes;
drafted email to Mr. Hirsch summarizing same
632.00 Prepared for and attended meet and confer with Mr.
Hirsch re: deficient discovery responses; depositions
schedules; follow up email to Mr. Hirsch re: same
Revised notice of SESH's 30(b)(6) deposition
79.00 Reviewed and revised SESH notice of 30{b)(6)
deposition
Reviewed and revised notice of deposition of SESH
30(b)(6) witness
250.00 Reviewed email from Doug re: subpoenas to third-party
medical billing companies; drafted email in response to
same; conferred with Mr. Jess re: same
197.50 Corresponded with Mr. Hirsch re: Dr. Baig deposition;
responded to eDiscovery request for information;
corresponded with Mr. Kimbell re: Dr. Francis affidavit;
corresponded with Mr. Lowden re: additional subpoena

LR 54(e)(1)(B)

950.00

Overruled
LR 54(e)(1)(B)

869.00

Overruled
LR 54(e)(1)(B)

375.00
Overruled

LR 54(e)(1)(B)

632.00
Overruled
79.00

LR 54(e)(1)(B)

250.00
Overruled

LR 54(e)(1)(B)

197.50

Overruled

268

5/15/2018 Cody J. Jess

0.30

269
270

5/16/2018 Brittany M. Neel
5/16/2018 Cody J. Jess

0.60
0.50

271

5/17/2018 Brittany M. Neel

6.50

272

5/17/2018 Cody J. Jess

1.20

273

5/18/2018 Brittany M. Neel

1.00

200.00 Revised email to Mr. Lowden re: [redacted for privilege];
emailed Mr. Hirsch re: discovery dispute
118.50 Reviewed and revised e-mail to Mr. Lowden re:
[redacted for privilege]; corresponded with Mr. Hirsch re:
discovery issues
Telephone call with Mr. Hirsch re: discovery dispute
197.50 Telephone call with Mr. Hirsch re: discovery dispute;
corresponded with Mr. Lowden re: SESH financials
1,625.00 Reviewed settlement conference order; exchanged
emails with Mr. Lowden re: [redacted for privilege];
calculated ARS's damages re: unpaid invoices; drafted
letter to SESH re: settlement offer; telephone call with
Mr. Lowden re: [redacted for privilege] drafted settlement
conference mediation
memorandum
474.00 Meeting with Ms. Neel re: SESH settlement offer;
reviewed and revised draft of same; corresponded with
clients re: same
250.00 Reviewed SESH's supplemental responses to discovery

LR 54.2(e)(2); LR 54(e)(1)(B)

0.00
Sustained; sustained

LR 54.2(e)(2); LR 54(e)(1)(B)

0.00
Sustained; sustained
0.00
197.50

LR 54(e)(1)(B)
Overruled
LR 54.2(e)(2); LR 54(e)(1)(B)

0.00

Sustained; sustained
LR 54(e)(1)(B)

474.00
Overruled
250.00

274

5/18/2018 Cody J. Jess

0.20

275

5/21/2018 Brittany M. Neel

2.60

276

5/21/2018 Cody J. Jess

1.50

277

5/22/2018 Brittany M. Neel

2.40

278

5/22/2018 Cody J. Jess

1.10

279

5/23/2018 Brittany M. Neel

5.70

280

5/23/2018 Cody J. Jess

1.80

281

5/24/2018 Brittany M. Neel

8.60

282

5/24/2018 Cody J. Jess

0.60

Corresponded with Mr. Kimbell re: Francis deposition and
affidavit
650.00 Drafted confidential settlement conference memorandum; LR 54(e)(1)(B)
reviewed SES H's amended responses to first set of
discovery requests and responses to second set of
discovery requests; correspond with Mr.
Jess re: deficiencies in same

0.00
650.00

Overruled
592.50 Meeting with Ms. Neel re: case status and strategy;
prepared for and attended call with Mr. Kimbell re: Dr.
Francis deposition and affidavit; reviewed and revised
settlement conference memorandum
600.00 Revised confidential settlement conference
memorandum; read email from Mr. Hirsch re: request to
extend discovery deadlines
434.50 Final revisions to settlement conference memorandum;
corresponded with Mr. Hirsch re: extension of discovery
deadlines
1,425.00 Emailed Ms. Davis re: availability for phone call;
telephone call with Ms. Davis re: case status and
discovery; reviewed supplementary document production
from SESH; reviewed revised settlement
conference memorandum; drafted email to SESH's
counsel re: delinquent document production; prepared
table summarizing contracts executed on behalf of SESH

LR 54(e)(1)(B)

592.50

Overruled
LR 54(e)(1)(B)

600.00
Overruled

LR 54(e)(1)(B)

434.50
Overruled

LR 54(e)(1)(B)

1425.00

Overruled
711.00 Meeting with Ms. Neel re: Baig deposition; corresponded LR 54(e)(1)(B)
with Mr. Allen re: comments to mediation memorandum;
call with Ms. Davis re: SESH discovery dispute and
pending deadlines
2,150.00 Reviewed additional supplemental document production LR 54(e)(1)(B)
from SESH; updated table summarizing contracts
executed on behalf of SESH; researched responding
party's obligations to conduct reasonable
inquiry when responding to requests for admission;
drafted letter to SESH's counsel detailing continuing
deficient discovery responses
237.00 Corresponded with Mr. Allen and other SESH
LR 54(e)(1)(B)
representatives re: case status and strategy;
corresponded with Mr. Hirsch re: settlement offer;
meeting with Ms. Neel re: discovery demand letter

711.00

Overruled
2150.00

Overruled
237.00

Overruled

283

5/25/2018 Brittany M. Neel

5.10

284

5/25/2018 Cody J. Jess

3.00

285

5/25/2018 Julie S. Larsen

1.20

286

5/26/2018 Brittany M. Neel

0.40

287

5/28/2018 Brittany M. Neel

1.60

288

5/29/2018 Brittany M. Neel

4.80

289

5/29/2018 Cody J. Jess

0.80

290

5/30/2018 Brittany M. Neel

5.30

1,275.00 Drafted letter to Mr. Hirsch and Mr. Crane re: SESH's
LR 54(e)(1)(B)
deficient discovery responses; revised motion for partial
summary judgment; read emails from Mr. Hirsch re:
proposed deposition dates; reviewed Harris County
District Court docket re: SESH's litigation against EMG,
et al. re: electronic documents disclosed in connection
with same; read SESH's motion to extend discovery
deadlines; conferred with Mr. Jess re: same; read email
from SESH's counsel to Judge Boyle re: motion to extend
scheduling order deadlines; read emails from Ms. Davis
re: same
1,185.00 Reviewed and revised discovery dispute demand letter to LR 54(e)(1)(B)
Mr. Hirsch; prepared for and attended call re: same;
reviewed documentation re: ex parte communications by
SESH to Judge Boyle; corresponded with Ms. Davis and
Mr. Hirsch re: same; meeting with Ms. Neel re:
Davis affidavit re: discovery dispute

1275.00

Overruled
1185.00

Overruled
270.00 Reviewed and revised letter to Mr. Hirsch and Mr. Crane LR 54(e)(1)(B)
re: discovery dispute; reviewed and revised third
supplemental response to mandatory initial discovery;
prepared notice of service re: same
Read draft email from Mr. Jess re: response to Mr.
Hirsch and Mr. Crane's ex parte communications with
Judge Boyle; exchanged correspondence with Mr. Jess
re: same and strategy
400.00 Read email from Mr. Hirsch to Ms. Davis re: discovery
LR 54(e)(1)(B)
responses; reviewed past emails to determine when
SESH's counsel was first aware of Ms. Davis's current
email addresses; reviewed Harris County District Court
filings re: Texas litigation between SESH, et al. and
EMG, et al. re: SESH's copying of EMG's server and Ms.
Davis's electronic devices; emailed Mr. Jess re: same.

270.00

Overruled
0.00

400.00

Overruled
1,200.00 Emailed Judge Boyle re: discovery dispute; drafted Ms. LR 54(e)(1)(B)
Davis's affidavit regarding discovery dispute issues;
revised motion for partial summary judgment and
statement of facts in support of same
316.00 Reviewed settlement conference order; emailed client re: LR 54(e)(1)(B)
same; corresponded with Ms. Davis re: settlement
conference; multiple emails with Mr. Hirsch re: Davis
discovery meeting; conference call with Judge Reyes;
call with Ms. Davis re: deposition schedule
1,325.00 Telephone conference with Ms. Davis, Mr. Crane, Mr.
LR 54(e)(1)(B)
Hirsch, and Mr. Jess re: Ms. Davis's responses to
SESH's discovery; conferred with Mr. Sorenson re:
potential requests for sanctions against SESH and
counsel; drafted motion to extend scheduling order
deposition deadline; prepared for settlement conference

1200.00

Overruled
316.00

Overruled
1325.00

Overruled

291

5/30/2018 Cody J. Jess

3.30

1,303.50 Prepared for and attended telephone calls with Ms. Davis LR 54(e)(1)(B)
and Mr. Hirsch re: outstanding discovery disputes; Davis
supplementa l production; meeting with Ms. Neel re:
settlement conference strategy; meeting with Mr.
Sorensen re: sanctions motion; reviewed letter from Mr.
Hirsch to Ms. Davis re: discovery dispute; reviewed
SESH motion to extend discovery deadline; prepared for
settlement conference

292

5/31/2018 Brittany M. Neel

6.30

1,575.00 Reviewed second amended petition filed in Texas
LR 54(e)(1)(B)
litigation; met with Mssrs. Lowden, Allen, and Maldonado
to prepare for settlement conference; attended
settlement conference with same and Mr. Jess

293

5/31/2018 Cody J. Jess

6.00

2,370.00 Attended settlement conference; corresponded with Mr. LR 54.2(e)(2); LR 54(e)(1)(B)
Lowden and Mr. Allen re: [redacted for privilege]
197.50 Reviewed email from Mr. Lowden re: [redacted for
LR 54.2(e)(2); LR 54(e)(1)(B)
privilege]; follow-up re: same; Westlaw research re:
improper interference
Meeting with Mr. Goldberg re: acquiring counterclaims in
ABCD litigation
118.50 Meeting with Mr. Goldberg re: bankruptcy claims
LR 54(e)(1)(B)
acquisition; corresponded with Mr. Allen re: same
600.00 Reviewed case law re: successor liability and piercing the LR 54.2(e)(2); LR 54(e)(1)(B); Services
corporate veil; prepared agenda for telephone call with
unrelated to 2:17-cv-01688-DWL
Mr. Lowden re: [redacted for privilege] with Mr. Duffy
and issue re: successor liability
592.50 Prepared for and attended meeting with clients re: Duffy Services unrelated to 2:17-cv-01688matter and corporate veil piercing
DWL
125.00 Prepared summary of matters discussed during
Services unrelated to 2:17-cv-01688telephone call on June 27
DWL
Reviewed email from Mr. Lowden re: [redacted for
privilege]
1,500.00 Contacted Judge Rayes's assistant re: status of order re: LR 54(e)(1)(B)
motion to extend scheduling order deadlines; reviewed
order re: same; drafted motion to reconsider order re:
same; read and responded to Mr. Lowden's email re:
subpoenas to other billing companies
1,325.00 Revised motion for reconsideration of order; prepared
LR 54(e)(1)(B)
agenda for phone call with clients; conferred with Mr.
Jess re: same; conferred with Mr. Jess re: Ms. Davis's
affidavit; telephone call with Ms. Davis re: best method of
communication; revised motion to extend deadline to
commence SESH's 30(b)(6) witness deposition

1303.50

Overruled
1575.00

Overruled

294

6/22/2018 Cody J. Jess

0.50

295

6/25/2018 Cody J. Jess

0.20

296

6/26/2018 Cody J. Jess

0.30

297

298
299
300

6/27/2018 Brittany M. Neel

6/27/2018 Cody J. Jess
6/28/2018 Brittany M. Neel
6/29/2018 Cody J. Jess

2.40

1.50
0.50
0.20

301

6/1/2018 Brittany M. Neel

6.00

302

6/4/2018 Brittany M. Neel

5.30

0.00
Sustained; sustained
0.00
Sustained; sustained
0.00
118.50
Overruled
0.00
Sustained;
sustained; sustained
0.00
Sustained
0.00
Sustained
0.00
1500.00

Overruled
1325.00

Overruled

303

6/4/2018 Cody J. Jess

2.10

829.50 Corresponded with Mr. Lowden re: [redacted for
LR 54.2(e)(2); LR 54(e)(1)(B)
privilege]; follow up with Mr. Allen re: [redacted for
privilege]; reviewed and revised motion for
reconsideration re: order extending discovery deadlines;
motion to extend discovery deadline; strategy meeting
agenda; revisions to Ms. Davis's affidavit re: discovery
dispute; corresponded with Mr. Kimbell re: Dr. Francis
affidavit
900.00 Telephone conference with clients re: [redacted for
LR 54.2(e)(2); LR 54(e)(1)(B)
privilege]; revised motion to reconsider and motion to
extend deadline to commence deposition; prepared
exhibits for same; drafted proposed form of orders for
same
790.00 Corresponded with Mr. Kimbell re: status of Dr. Francis LR 54.2(e)(2); LR 54(e)(1)(B)
affidavit; prepared for and attended status conference
telephone call with clients; reviewed and revised motion
for reconsideration and motion to amend scheduling
order; corresponded with Mr. Lowden re: [redacted for
privilege]
292.50 Reviewed, finalized, and filed motion to reconsider order LR 54(e)(1)(B)
granting motion to extend scheduling order deadlines and
motion to extend deadline to commence Rule 20(b)
deposition; assembled exhibits re: same

304

6/5/2018 Brittany M. Neel

3.60

305

6/5/2018 Cody J. Jess

2.00

306

6/5/2018 Julie S. Larsen

1.30

307

6/6/2018 Brittany M. Neel

2.00

500.00 Emailed Mssrs. Hirsch and Crane re: telephonic
LR 54(e)(1)(B)
conference re: discovery dispute; prepare summary meet
and confers re: discovery dispute; drafted good faith
consultation certificate; several telephone calls to Judge
Rayes's assistant to schedule telephonic conference re:
discovery dispute; exchange emails with Mr. Hirsch re:
same; reviewed and revised settlement letter

308

6/6/2018 Cody J. Jess

2.40

948.00 Reviewed and revised good faith consultation
certification; prepared for and attended call with Judge
Rayes's court re: discovery dispute; corresponded with
Mr. Allen and Mr. Lowden re: [redacted for privilege];
finalized motion for partial summary judgment

309

6/6/2018 Julie S. Larsen

0.20

310

6/6/2018 Julie S. Larsen

0.20

311

6/7/2018 Brittany M. Neel

3.90

312

6/7/2018 Cody J. Jess

0.90

Reviewed and revised settlement offer correspondence
to Mr. Hirsch and Mr. Crane
Finalized and filed good faith certificate re: discovery
dispute
975.00 Revised motion for partial summary judgment and
statement of facts; reviewed exhibits to same; emailed
Mr. Kimbell re: status of Dr. Francis's affidavit
355.50 Final revisions to motion for partial summary judgment

0.00

Sustained; sustained
0.00

Sustained; sustained
0.00

Sustained; sustained
292.50

Overruled
500.00

Overruled
LR 54.2(e)(2); LR 54(e)(1)(B)

0.00

Sustained; sustained
0.00
0.00
LR 54(e)(1)(B)

975.00
Overruled
355.50

313

6/8/2018 Brittany M. Neel

2.90

725.00 Prepare for telephonic conference with Judge Rayes re:
discovery dispute and pending motions; telephonic
conference with Judge Rayes re: same; final review of
motion for partial summary judgment and statement of
facts; review Texas litigation and EMG's bankruptcy
docket

LR 54(e)(1)(B)

314

6/8/2018 Cody J. Jess

2.00

790.00 Prepared for and attended conference call with Judge
LR 54(e)(1)(B)
Rayes re: discovery dispute; meeting with Ms. Neel re:
same; reviewed pleadings filed in Texas litigation for
claims acquisition in EMG bankruptcy; corresponded with
clients re: status of discovery dispute

315

6/8/2018 Julie S. Larsen

3.00

316

6/11/2018 Brittany M. Neel

0.50

317

6/12/2018 Brittany M. Neel

0.20

318

6/13/2018 Brittany M. Neel

0.20

319

6/15/2018 Brittany M. Neel

0.20

320

6/18/2018 Brittany M. Neel

1.10

321

6/20/2018 Cody J. Jess

0.80

322

6/21/2018 Brittany M. Neel

6.30

323

6/21/2018 Cody J. Jess

2.40

324

6/21/2018 Julie S. Larsen

0.20

725.00

Overruled
790.00

Overruled
675.00 Assembled exhibits for statement of facts in support of
LR 54(e)(1)(B)
motion for summary judgment; reviewed and finalized
statement of facts and motion for summary judgment;
filed same
125.00 Read and responded to email from Mr. Lowden re:
LR 54.2(e)(2); LR 54(e)(1)(B)
[redacted for privilege]; reviewed Ms. Russell's
bankruptcy filings
Read and responded to email from Mr. Allen re:
[redacted for privilege].; reviewed email from Mr. Lowden
re: [redacted for privilege]
50.00 Conferred with Mr. Goldberg re: purchase of EMG's claim
against Dr. Baig
Read emails from Mr. Crane and Mr. Hirsch re: document
production
275.00 Read various emails from Mr. Hirsch and Mr. Crane re: LR 54(e)(1)(B)
depositions and document production; prepared outline
for response to same; reviewed documents
316.00 Reviewed documents from opposing counsel re:
LR 54(e)(1)(B)
additional discovery; deposition dates; corresponded with
Ms. Neel re: same; reviewed Texas law re: third party
deposition subpoenas
1,575.00 Drafted email to Mr. Hirsch and Mr. Crane re: proposed LR 54(e)(1)(B)
deposition schedule and proposal to stay discovery;
researched standard applicable to motions to stay
discovery; drafted motion to stay discovery; revised
same; drafted joint report on settlement talks and
emailed same to Messrs. Hirsch and Crane; telephone
call with Mr. Kimbell re: status of Dr. Francis's affidavit;
emailed Mr. Lowden re: status of text messages and
Perry's steakhouse receipt

675.00

Overruled
0.00
Sustained; sustained
0.00

50.00

275.00
Overruled
316.00

Overruled
1575.00

Overruled
948.00 Meeting with Ms. Neel re: motion to stay discovery;
LR 54(e)(1)(B)
prepared lengthy e-mail to Mr. Hirsch re: same; follow up
with client re: same; call to Mr. Kimbell re: Francis
affidavit; corresponded with Mr. Allen re: offer of
judgment
Reviewed and revised joint report on settlement talks

948.00

Overruled

325

6/21/2018 Julie S. Larsen

0.50

112.50 Revised and filed motion to stay discovery; prepared and
filed proposed order staying discovery
Drafted motion for expedited consideration and proposed
form of order
395.00 Reviewed and revised motion and order setting
LR 54(e)(1)(B)
expedited briefing schedule on motion to stay discovery;
call with Mr. Hirsch re: same; follow up with Mr. Allen re:
settlement; reviewed settlement letter and
sent same to client; reviewed notices of depositions

326

6/22/2018 Brittany M. Neel

0.40

327

6/22/2018 Cody J. Jess

1.00

328
329

6/22/2018 Julie S. Larsen
6/22/2018 Julie S. Larsen

0.20
0.60

330

6/25/2018 Brittany M. Neel

1.30

331

6/25/2018 Cody J. Jess

1.20

332

6/26/2018 Brittany M. Neel

2.10

525.00 Prepared agenda for telephone call with Mssrs. Hirsch
LR 54(e)(1)(B)
and Crane re: scope of depositions and protective order;
telephone call with Mssrs. Hirsch and Crane re: same;
reviewed case law re: discovery fishing
expeditions; responded to email from Mr. Lowden re:
documents related to SESH's other third-party billing
agencies

333

6/26/2018 Cody J. Jess

1.90

334

6/27/2018 Cody J. Jess

0.50

335

6/28/2018 Brittany M. Neel

2.20

336

6/28/2018 Cody J. Jess

0.70

750.50 Corresponded with clients and discovery dispute; call
LR 54.2(e)(2); LR 54(e)(1)(B)
with Mr. Lowden re: [redacted for privilege] prepared for
and attended call with Mr. Hirsch and Mr. Cane re: same;
corresponded with Mr. Kimbell re: deposition of Dr.
Francis; Westlaw research re: discovery dispute
197.50 Reviewed SESH disclosures re: contract issue;
corresponded with Mr. Lowden re: same
550.00 Researched case law re: grounds for protective order
LR 54(e)(1)(B)
barring depositions; conferred with Mr. Jess re: discovery
dispute procedures; contacted Ms. Farmer to schedule
telephonic conference re: discovery dispute; emailed
Messrs. Hirsch and Crane re: same
276.50 Meeting with Ms. Neel re: protective order re: SESH
LR 54(e)(1)(B)
discovery; reviewed Judge Rayes procedures; reviewed
and revised draft e-mail to Mr. Hirsch re: same

337

6/28/2018 Julie S. Larsen

0.20

112.50

395.00

Overruled
45.00 Finalized and filed joint report on settlement talks
135.00 Reviewed and revised motion and order for expedited
consideration of motion to stay discovery; prepared and
filed stipulation and order expediting briefing schedule re:
motion to stay discovery
325.00 Read and responded to email from Mr. Lowden re:
LR 54.2(e)(2); LR 54(e)(1)(B)
[redacted for privilege]; reviewed notices of deposition
and subpoenas for deposition and documents; outlined
strategy for responding to same;
conferred with Mr. Jess re: same
474.00 Reviewed SESH subpoenas to third parties; meeting with LR 54(e)(1)(B)
Ms. Neel re: motion for protective order; summarized
caselaw on third party subpoenas for email to Mr. Hirsch
re: meet and confer prior to filing
motion for protective order; emailed Mr. Hirsch re: same

45.00
135.00

0.00

Sustained; sustained
474.00

Overruled
525.00

Overruled
0.00

Sustained; sustained
197.50
550.00

Overruled
276.50

Overruled
Revised and filed Rule 37(a)(1) good faith consultation

338

6/29/2018 Brittany M. Neel

3.10

339

6/29/2018 Cody J. Jess

0.30

775.00 Drafted joint statement re: request for protective order;
LR 54(e)(1)(B)
emailed Ms. Farmer to confirm date for telephonic
conference; read SESH's motion for Rule 56(d) relief
Reviewed and revised joint statement for protective
order; meeting with Ms. Neel re: same
825.00 Outlined and drafted response to SESH's Rule 56(d)
motion
400.00 Researched Rule 56(d) standard for deferring resolution
on motion for summary judgment
158.00 Reviewed motion for access to EMG server; response to LR 54(e)(1)(B)
motion to stay discovery; meeting with Ms. Neel re: same

340

7/2/2018 Brittany M. Neel

3.30

341

7/2/2018 Brittany M. Neel

1.60

342

7/2/2018 Cody J. Jess

0.40

343

7/2/2018 Julie S. Larsen

0.20

344

7/3/2018 Brittany M. Neel

6.20

1,550.00

345

7/3/2018 Cody J. Jess

0.50

197.50

346

7/5/2018 Brittany M. Neel

9.10

2,275.00

347

7/5/2018 Cody J. Jess

4.00

1,580.00

348
349

7/5/2018 Cody J. Jess
7/6/2018 Brittany M. Neel

0.20
1.40

350

7/6/2018 Cody J. Jess

1.20

775.00
Overruled

825.00
400.00
158.00
Overruled

Reviewed and revised joint statement re: request for
protective order
Researched case law re: grounds for seeking to defer
consideration of motion for summary judgment (3];
drafted response to rule 56(d) motion (3.2]
Meeting with Ms. Neel re: response to SESH Rule 56
motion
Drafted response to motion for rule 56(d) relief [6.1];
drafted reply in support of motion to stay discovery [3]
Reviewed and revised reply to response to motion to stay LR 54.2(e)(2); LR 54(e)(1)(B)
discovery; response to Rule 56(d) motion; corresponded
with Mr. Lowden re: [redacted for privilege] reviewed and
revised reply to response to motion to stay discovery

1550.00

197.50
2275.00
0.00

Sustained; sustained

351

7/6/2018 Julie S. Larsen

1.10

352

7/6/2018 Julie S. Larsen

0.30

353

7/9/2018 Brittany M. Neel

1.00

354

7/9/2018 Cody J. Jess

0.20

355

7/9/2018 Julie S. Larsen

0.40

356

7/10/2018 Cody J. Jess

0.30

357

7/10/2018 Julie S. Larsen

0.20

358

7/11/2018 Brittany M. Neel

2.20

79.00 Corresponded with Mr. Kimbell re: Dr. Francis affidavit
350.00 Revised response to rule 56(d) motion and reply in
LR 54(e)(1)(B)
support of motion to stay
474.00 Final revisions to response to motion for Rule 56(d) relief; LR 54(e)(1)(B)
meeting with Ms. Neel re: same
247.50 Finalized and filed response to SESH Rule 56(d) Motion;
assembled exhibits for filing re: same
67.50 Finalized and filed reply in support of motion to stay
discovery
250.00 Emailed Mr. Crane re: status of joint statement re: ARS's
request for protective order; reviewed and revised same
Corresponded with Mr. Hirsch re: status of Texas
depositions
90.00 Reviewed and revised joint statement re: request for
protective order
118.50 Reviewed and revised joint statement of position re:
LR 54(e)(1)(B)
discovery dispute; meeting with Ms. Neel re: same;
corresponded with Mr. Hirsch re: Texas deposition
schedules
Finalized and filed joint statement; email to Ms. Davis re:
same
550.00 Prepared outline for telephonic hearing re: discovery
disputes

79.00
350.00
Overruled
474.00
Overruled
247.50
67.50
250.00

0.00
90.00
118.50

Overruled
0.00
550.00

359

7/11/2018 Cody J. Jess

1.20

360

7/12/2018 Brittany M. Neel

0.30

361
362
363

7/12/2018 Brittany M. Neel
7/12/2018 Brittany M. Neel
7/12/2018 Brittany M. Neel

0.90
0.70
1.40

364

7/12/2018 Cody J. Jess

0.30

365

7/12/2018 Cody J. Jess

2.40

366

7/12/2018 Julie S. Larsen

0.20

367

7/15/2018 Cody J. Jess

0.20

368

7/16/2018 Brittany M. Neel

1.20

369

7/16/2018 Cody J. Jess

0.30

370
371

7/17/2018 Brittany M. Neel
7/17/2018 Cody J. Jess

0.20
0.20

372

7/17/2018 Julie S. Larsen

0.30

373

7/18/2018 Brittany M. Neel

3.80

374
375

7/18/2018 Cody J. Jess
7/19/2018 Julie S. Larsen

0.20
0.50

376

7/20/2018 Cody J. Jess

0.20

474.00 Meeting with Ms. Neel re: hearing on discovery dispute;
prepared for same
75.00 Telephone call with Ms. Davis re: status of motion for
partial summary judgment and depositions
225.00 Appeared for telephonic hearing re: discovery dispute
175.00 Prepared for telephonic hearing re: discovery dispute
350.00 Drafted disclosure re: citizenship of ARS's members;
emailed Mr. Lowden re: [redacted for privilege] reviewed
and revised third amended complaint
118.50 Reviewed corporate disclosure statement; reviewed final
draft of third amended complaint; corresponded with Mr.
Hirsch re: same
948.00 Prepared for and attended hearing on discovery dispute;
emails with Mr. Lowden re: same
Reviewed and revised disclosure re: citizenship of
members
Reviewed outstanding checklist of to do items and
updated
300.00 Exchanged emails with Mr. Lowden re: membership of
ARS [.3]; prepared case status and strategy
memorandum [.9]
118.50 Reviewed and revised corporate disclosure statement;
call with Mr. Lowden re: [redacted for privilege]
Revised disclosure re: citizenship of ARS's members
79.00 Corresponded with Mr. Hirsch re: scheduling of Texas
and Arizona depositions
Filed third amended complaint; filed disclosure re:
citizenship of membership; emails to Ms. Davis and client
re: same
950.00 Drafted third set of requests for production and nonuniform interrogatories and second set of requests for
admissions to SESH [3]; drafted fourth supplemental
responses to mandatory initial discovery requests and
first supplemental responses to requests for production
of documents [.5]; drafted email to Messrs. Hirsch and
Crane re: SESH's ongoing failure to produce documents
in native form [.3]

474.00
75.00
225.00
175.00
0.00

LR 54.2(e)(2); LR 54(e)(1)(B)
Sustained; sustained
LR 54(e)(1)(B)

118.50
Overruled

LR 54(e)(1)(B)

948.00
Overruled
0.00
0.00
300.00

LR 54.2(e)(2); LR 54(e)(1)(B)

0.00
Sustained; sustained
0.00
79.00
0.00

950.00

79.00 Reviewed draft supplemental discovery responses
112.50 Finalized and served first supplemental response to
SESH's first set of requests for production of documents
and fourth supplemental responses to mandatory initial
discovery requests; email to opposing
counsel and client re: same; prepared notices of service
re: same
79.00 Corresponded with Mr. Lowden re: [redacted for
privilege]

79.00
112.50

LR 54.2(e)(2) (minus 0.2)

0.00
Sustained

377

7/20/2018 Julie S. Larsen

0.20

378

7/21/2018 Cody J. Jess

0.80

316.00

379

7/23/2018 Julie S. Larsen

0.30

67.50

380

7/25/2018 Brittany M. Neel

0.30

75.00

381

7/25/2018 Cody J. Jess

0.90

355.50

382

7/26/2018 Brittany M. Neel

1.20

300.00

383

7/26/2018 Cody J. Jess

0.50

197.50

384

7/27/2018 Brittany M. Neel

2.00

500.00

385

7/27/2018 Cody J. Jess

1.80

711.00

386

7/29/2018 Cody J. Jess

0.20

387

7/30/2018 Brittany M. Neel

4.40

1,100.00

Filed notices of service of fourth supplemental responses
to mandatory initial discovery requests and first
supplemental responses to SESH's first set of requests
for production of documents; email to Ms. Davis and
clients re: [redacted for privilege]
Reviewed additional discovery requests to SESH re:
amended claims; e-mail to Mr. Hirsch re: status of EMG
server access request in Texas litigation
Prepared second amended notice of deposition of Dr.
Baig and accompanying subpoena
Read email from Mr. Hirsch re: request for extension to
answer third amended complaint; conferred with Mr. Jess
re: same
Corresponded with Mr. Lowden and Mr. Hirsch re:
extension to respond to amended complaint
Reviewed emails exchanged between Mr. Jess and Mr.
Hirsch re: depositions, request for extension to answer
complaint; and status of document production [.2];
prepared agenda for case status meeting [1]
Corresponded with clients re: depositions and status of
EMG server document disclosure; reviewed SESH
amended notice of ARS 30(b)(6) deposition;
corresponded with Mr. Lowden re: [redacted for
privilege]
Conferred with Mr. Jess re: discovery requests (.8];
revised requests for production, non-uniform
interrogatories, and requests for admissions [1.2]
Corresponded with Mr. Hirsch re: discovery issue re:
ARS 30(b)(6) witness; meeting with Ms. Neel re: case
status and strategy re: outstanding discovery and
upcoming discovery; reviewed draft supplement
discovery on third amended complaint
Corresponded with Ms. Neel re: amended notices of
depositions and topics for SESH 30(b)(6) witness
Reviewed and revised notice of SESH's 30(b)(6) witness
deposition and emailed Ms. Larsen re: preparing
subpoena for deposition of Dr. Mirza Baig [.4]; prepared
for and participated in telephonic conference with
Messrs. Hirsch and Crane re: discovery issues [1.3];
reviewed correspondence between counsels re:
deposition dates [.5]; telephone call with Mr. Lowden re:
[redacted for privilege] [.6); read and responded to email
from Mr. Lowden re: [redacted for privilege] [.4];
conferred with Mr. Jess re: deposition strategy and
revised subpoena for deposition of Dr. Baig and notice of
SESH's 30(b)(6) witness deposition [.8); revised written
discovery to SESH [.4)

LR 54.2(e)(2); LR 54(e)(1)(B)

0.00

Sustained; sustained
LR 54(e)(1)(B)

316.00
Overruled
67.50
75.00

355.50
300.00

LR 54.2(e)(2); LR 54(e)(1)(B)

0.00

Sustained; sustained
LR 54(e)(1)(B)

500.00
Overruled
711.00

0.00
LR 54.2(e)(2) (minus 1.0)

850.00

Sustained

388

7/30/2018 Cody J. Jess

3.00

389

7/30/2018 Julie S. Larsen

0.20

390

7/31/2018 Brittany M. Neel

2.00

391

7/31/2018 Cody J. Jess

1.90

392

7/31/2018 Julie S. Larsen

0.20

393

7/31/2018 Julie S. Larsen

0.60

1,185.00 Finalized notices of SESH 30(b)(6) and Dr . Baig;
LR 54(e)(1)(B)
prepared for and attended meet and confer re:
objectionable SESH topics of 30(b)(6); call with Mr.
Lowden re: final SESH discovery
Prepared notice of service of second set of requests for
admissions, third set of requests for production, and third
set of non-uniform interrogatories
500.00 Reviewed documents to prepare for Mr. Webb's
deposition [.7); telephone call to Mr. Fritz re: Webb email
export [.1); reviewed and revised notice of SESH's
30(b)(6) witness deposition (.4]; conferred with Mr. Jess
to prepare for meeting with Mr. Webb (.8)
750.50 Finalized Baig deposition subpoena and SESH 30(b)(6)
notice of deposition; corresponded with Mr. Lowden re:
[redacted for privilege]; prepared for Webb deposition
preparation meeting; reviewed Davis bankruptcy docket

1185.00

Overruled
0.00

500.00

LR 54.2(e)(2); LR 54(e)(1)(B)

0.00

Sustained; sustained

394

8/1/2018 Brittany M. Neel

5.60

395

8/1/2018 Cody J. Jess

3.60

396

8/1/2018 Julie S. Larsen

0.20

397

8/2/2018 Brittany M. Neel

0.70

398

8/2/2018 Cody J. Jess

0.50

Filed notice of service of discovery requests; emails to
opposing counsel and client re: same
135.00 Finalized and filed notice of deposition of SESH 30(b) (6)
witness; finalized deposition subpoena for Dr. Baig;
prepared and filed accompanying notice of deposition for
Dr. Baig
1,400.00 Consulted with Mr. Fritz re: access to Webb emails [.2]; LR 54.2(e)(2) (minus 0.4)
researched information about Terry Fokas [.3]; read
SESH's answer to thi rd amended complaint [.6];
reviewed emails re: Mr. Webb (.6]; attended meeting with
Messrs. Webb and Lowden to prepare for Mr. Webb's
deposition (3.2]; exchanged emails with Mr. Jess re: case
strategy and deadlines (.3]; emailed Messrs. Lowden and
Allen re: [redacted for privilege] (.4]

0.00
135.00

1300.00

Sustained
1,422.00 Reviewed and revised draft acceptance of service [.2];
LR 54.2(e)(2) (minus 0.2)
prepared for and attended deposition preparation of Mr.
Webb (3.2]; corresponded with Mr. Lowden and Mr. Allen
re: [redacted for privilege]) [.2]
45.00 Prepared acceptance of service re: Baig notice of
deposition and subpoena [.1); email to Mr. Hirsch re:
same (.1)
175.00 Reviewed SESH's discovery requests [.3); read email
LR 54.2(e)(2) (minus 0.2)
from Mr. Crane re: count 5 damages and conferred with
Mr. Jess re: same (.2]; reviewed emails from Mr. Lowden
re: [redacted for privilege] (.2)
197.50 Corresponded with Mr. Crane re: SESH's second request LR 54.2(e)(2) (minus 0.2)
for production of documents [.3]; corresponded with Mr.
Lowden re: [redacted for privilege] (.2)

1343.00

Sustained
45.00

125.00

Sustained
118.50

Sustained

399

8/3/2018 Brittany M. Neel

2.10

525.00 Reviewed case file and compiled documents to prepare
for ARS's 30(b)(6) witness deposition (1.2); read email
from Mr. Hirsch re: documents produced by SESH
responsive to ARS's RFP No. 5; reviewed same
documents; emailed Mr. Hirsch re: SESH's ongoing
failure to provide complete responses [.8]; emailed
SESH's answer to third amended complaint and requests
for production to Messrs. Allen and Lowden [.1)

400

8/3/2018 Cody J. Jess

0.40

158.00 Prepared for and attended call with Mr. Lowden re:
LR 54.2(e)(2) (minus 0.4)
[redacted for privilege]
158.00 Corresponded with Mr. Lowden re: [redacted for
LR 54.2(e)(2); LR 54.2(e)(1)(B)
privilege]; emails with Mr. Hirsch re: SESH deficient
discovery responses (.1); reviewed SESH answer to third
amended complaint, compared same to answer to
second amended complaint, follow-up with client re:
same (.3)
800.00 Reviewed emails exchanged between counsels and
LR 54.2(e)(2) (minus 0.5)
calendar follow up tasks [.5]; conferred with Mr. Jess re:
potential settlement offer [.4]; exchanged emails with Ms.
Hood re: request copy of Dr. Baig's deposition transcript
[.4]; reviewed Mr. Lowden's summary of Mr. Webb's text
messages [.3]; reviewed Dr. Baig's deposition transcript
and related attachments (1.5]; emailed Mr. Crane re:
email attachments [.4]; telephone call with Mr. Lowden
re: [redacted for privilege] [.5]; emailed Messrs. Lowden
and Allen re: Dr. Baig's deposition transcript [.2]

401

8/4/2018 Cody J. Jess

0.40

402

8/6/2018 Brittany M. Neel

3.20

403

8/6/2018 Cody J. Jess

1.90

404

8/7/2018 Brittany M. Neel

7.30

405

8/7/2018 Cody J. Jess

1.90

406

8/8/2018 Brittany M. Neel

4.30

525.00

0.00
Sustained
158.00

Overruled
675.00

Sustained
750.50 Corresponded with Mr. Hirsch re: continuing Webb and
30(b)(6) depositions; call with Mr. Sorensen re: same
(.4]; reviewed draft email to Ms. Hood re: Baig deposition
transcript [.2]; meeting with Ms. Neel re: discovery
schedule and strategy [.6]; reviewed additional disclosure
by ARS [.7]
1,825.00 Drafted email to Mr. Hirsch re: SESH's failure to respond LR 54.2(e)(2) (minus 0.3)
to RFP No. 5 [.8]; prepared response to SESH's second
set of requests for production [2.9]; reviewed documents
to prepare outline for SESH's 30 (b)(6) deposition [3.3];
conferred with Mr. Jess to prepare for meeting with Mr.
Lowden re: [redacted for privilege] [.3]

750.50

1750.00

Sustained
750.50 Lengthy emails to Mr. Hirsch re: Webb and ARS 30(b)
LR 54.2(e)(1)(B)
(6) depositions; outstanding discovery; reviewed and
revised draft response to SESH second set of requests
for production; prepared for deposition preparation of Mr.
Lowden
1,075.00 Continued preparing outline for SESH's 30(b )(6) witness LR 54.2(e)(2) (minus 0.3)
deposition [4]; exchanged emails with Mr. Lowden re:
[redacted for privilege] [.3]

750.50

Overruled
1000.00
Sustained

407

8/8/2018 Cody J. Jess

0.60

408

8/9/2018 Brittany M. Neel

3.10

409

8/9/2018 Cody J. Jess

0.80

410

8/10/2018 Cody J. Jess

0.30

411

8/12/2018 Cody J. Jess

0.20

412

8/13/2018 Cody J. Jess

0.90

413

8/14/2018 Brittany M. Neel

1.30

414

8/15/2018 Brittany M. Neel

6.30

237.00 Corresponded with Mr. Lowden re: deposition
preparation [.2]; response to SESH second set of
requests for production [.2]; meeting with Ms. Neel re:
ShareFile information to provide to Mr. Lowden [.2]
775.00 Reviewed additional documents produced by SESH
LR 54.2(e)(2) (minus 1.8)
responsive to RFP No. 5 [.5]; read email from Mr. Hirsch
re: status of depositions and intent to file motion to
transfer; reviewed briefing and order on SESH's previous
request to transfer; conferred with Mr. Jess re: same [.8];
received email from Mr. Lowden re: [redacted for
privilege] [1.8]
316.00 Lengthy correspondence with Mr. Hirsch re: discovery
LR 54.2(e)(2) (minus 0.2)
dispute [.3]; corresponded with Mr. Lowden re: [redacted
for privilege] [.2]; SESH document production [.3]

237.00

325.00

Sustained
237.00

Sustained
118.50 Corresponded with Mr. Lowden and Mr. Hirsch re:
responses to SESH's second set of requests for
production of documents
79.00 Corresponded with Mr. Hirsch re: outstanding discovery
requests [.1]; status of in and out of state depositions [.1]

118.50

355.50 Corresponded with Mr. Englander re: Webb text
messages [.3]; corresponded with Mr. Hirsch re:
discovery dispute [.3]; corresponded with Mr. Lowden re:
same [.3]
325.00 Reviewed various emails exchanged between Mr. Jess
and Mr. Hirsch re: status of depositions and documents
to be produced ; reviewed text messages exchanged
between Mr. Webb and Ms. Davis [.3]; reviewed various
documents and prepared task list [.6]; read SESH's
motion to stay proceedings [.4]

355.50

79.00

325.00

1,575.00 Reviewed motion to transfer venue and motion to stay
LR 54.2(e)(2) (minus 0.5)
deadlines and prepared outline for responding to same
[1]; exchanged emails with Mr. Kimbell re: phone call and
Dr. Francis affidavit [.2]; telephone call with Ms. Davis re:
case status and communications with SESH [.4];
telephone call with Mr. Kimbell re: availability for
deposition, Dr. Francis affidavit, and communications
with SESH [.6]; continued summarizing invoice backup to
confirm contract damages [1.5]; revised Dr. Francis
affidavit and emailed same to Mr. Kimbell [.5]; prepared
agenda for telephone conference with Messrs. Hirsch
and Crane re: discovery dispute [.3]; telephone
conference with Hirsch and Crane re: deposition dates
[.3]; conferred with Mr. Jess and Mr. Sorenson re: case
strategy [1]; prepared email to Mr. Lowden and Mr. Allen
re: [redacted for privilege] [.5]; prepared email to Mr.
Hirsch re: Francis deposition [.2]

1450.00

Sustained

415

8/15/2018 Cody J. Jess

2.40

416

8/15/2018 Brittany M. Neel

8.70

417

8/16/2018 Cody J. Jess

2.90

418

8/16/2018 Brittany M. Neel

6.10

419

8/17/2018 Cody J. Jess

3.30

420

8/17/2018 Julie S. Larsen

2.10

948.00 Corresponded with Mr. Hirsch re: discovery dispute call
[.1]; corresponded with Mr. Lowden re: Texas depositions
[.1 ]; reviewed Ms. Davis's bankruptcy docket [.2];
prepared for and attended call with Ms. Davis re: case
status [.4]; call with Mr Kimbell re: Francis affidavit [.6];
meeting with Mr. Sorenson re: case strategy [1.0]

948.00

2,175.00 Review emails exchanged between Mr. Jess and Mr.
Hirsch re: Francis's deposition [.2]; researched case law
cited by SESH in support of its motion to suspend
deadlines [2]; began drafting objection to motion to
suspend deadlines [3.5]; prepared second
supplemental response to SESH's first set of requests for
production and fifth supplemental responses to
mandatory initial discovery requests [.6]; met with Mr.
Jess and Mr. Lowden to prepare for ARS's 30(b )(6)
witness deposition [2.4]
1,145.50 Corresponded with Mr. Kimbell re: SESH discovery [.5];
prepared for and attended deposition preparation with
Mr. Lowden [2.4]
1,525.00 Drafted objection to SESH's motion to suspend deadlines LR 54.2(e)(2) (minus 0.2)
and emailed same to Mr. Jess to review [4.1]; drafted Mr.
Lowden affidavit in support of same [.3]; revised
objection [1]; prepared exhibits to same [.5]; exchanged
emails with Mr. Lowden re: [redacted for privilege] [.2]

2175.00

1145.50

1475.00

Sustained
1,303.00 Prepared analysis of offering in-house counsel as 30(b) LR 54.2(e)(2) (minus 0.2)
(6) witness [.7]; corresponded with Mr. Lowden re:
[redacted for privilege] [.2]; prepared subpoena to SESH
lessee [.7]; reviewed documents for same [.5]; reviewed
SESH motion to stay pending deadlines pending ruling
on venue transfer motion [.4]; reviewed and revised
objection to same [.8]
472.50 Finalized second supplemental response to SESH
discovery and fifth supplemental responses to mandatory
initial discovery requests [0.2]; prepared and filed notices
re: same [0.2]; email to Ms. Davis and clients re: same
[0.1 ]; prepared amended notices of deposition of SESH
and Dr. Baig [0.2]; prepared subpoena to Spring Surgical
Hospital Partners, LLC and accompanying letter [0.4];
prepared and filed notice of intent to serve subpoena and
emails to opposing counsel and clients re: same [0.3];
revised and filed response to motion to suspend deadline
and accompanying affidavit and emails to Ms. Davis and
client re: same [0.9]

1224.00

Sustained
472.50

421

8/20/2018 Brittany M. Neel

6.30

1,575.00 Reviewed SESH's reply in support of motion to suspend LR 54.2(e)(2) (minus 0.6)
deadlines [.4]; prepared outline for telephonic hearing re:
same [1.2]; prepared for and participated in telephonic
status hearing [1.5]; telephone call with Mr. Lowden and
Mr. Allen re: [redacted for privilege] [.6]; telephone call
with Mr. Hirsch re: brief re: scope of automatic stay [.3];
researched case law re: same and drafted brief re: scope
of automatic stay [2.1]; reviewed Mr. Jess's revisions to
same [.2]

1425.00

422

8/20/2018 Cody J. Jess

3.60

1,422.00 Prepared for and attended hearing on emergency motion LR 54.2(e)(2) (minus 0.6)
to stay [1.5]; meeting with Ms. Neel re: same [.4]; call
with Mr. Allen and Mr. Lowden re: [redacted for privilege]
[.6]; prepared brief on scope of automatic stay (1.1]

423

8/21/2018 Brittany M. Neel

4.60

1150.00

424

8/21/2018 Cody J. Jess

1.20

1,150.00 Researched case law re: (1) enforceability of choice of
venue provisions, (2) impact of choice of venue provision
on venue transfer analysis, and (3) venue transfer
analysis under section 1412 versus section 1404 and
read case law cited by SESH in motion to transfer venue
[3.8]; prepared outline of response to motion to transfer
venue [.5]; reviewed motion to quash subpoena filed by
Dr. Francis [.3]
474.00 Meeting with Ms. Neel re: SESH depositions and nonparty discovery post-hearing on motion to extend [.3];
follow-up with Mr. Kimbell re: Francis deposition [.2];
finalized position statement re: automatic stay and sent
same to client for review [.3]; reviewed motion to quash
filed by Dr. Francis [.4]

425

8/21/2018 Julie S. Larsen

0.40

90.00

426

8/22/2018 Brittany M. Neel

6.70

427

8/22/2018 Cody J. Jess

2.90

428

8/23/2018 Cody J. Jess

0.50

429

8/24/2018 Cody J. Jess

0.40

90.00 Reviewed and filed position statement re: scope of
automatic stay [0.3]; emails to Ms. Davis and client re:
same [0.1]
1,675.00 Began drafting response to motion to transfer venue
[3.6]; read SESH's response to brief re: scope of
automatic stay, researched case law re: same, conferred
with Mr. Jess re: same [1.7]; telephone call with Mr.
Lowden re: [redacted for privilege] [.4]; prepared outline
for telephonic hearing re: scope of automatic stay [.5];
attended hearing re: same [.5]
1,145.50 Reviewed brief re: scope of automatic stay [.6]; prepared
for hearing on same [1.6]; corresponded with Mr. Bonds
re: stay relief [.4]; corresponded with Mr. Allen re: Mr ..
Lowden [redacted for privilege] [.3]
197.50 Corresponded with Mr. Bonds re: lift-stay matter [.2];
exchanged emails with Mr. Lowden re: [redacted for
privilege] [.3]
158.00 Reviewed Bonds Ellis engagement agreement and sent
same to client for review [.2]; corresponded with Mr. Tittle
re: lift-stay stipulation [.1]; corresponded with Mr. Lowden
re: [redacted for privilege] [.1]

Sustained
1185.00

Sustained

474.00

LR 54.2(e)(2) (minus 0.4)

1575.00

Sustained
LR 54.2(e)(2) (minus 0.3)

1027.00

Sustained
LR 54.2(e)(2) (minus 0.3)

79.00
Sustained

LR 54.2(e)(2) (minus 0.1)

118.50

Sustained

430

8/27/2018 Brittany M. Neel

4.60

431

8/27/2018 Cody J. Jess

0.50

432

8/28/2018 Brittany M. Neel

0.60

433

8/28/2018 Cody J. Jess

2.70

434

8/29/2018 Brittany M. Neel

6.00

435

8/29/2018 Cody J. Jess

1.10

436

8/29/2018 Julie S. Larsen

0.20

437

8/30/2018 Brittany M. Neel

2.90

438

8/30/2018 Cody J. Jess

2.40

439

8/31/2018 Cody J. Jess

1.40

440

9/4/2018 Cody J. Jess

1.70

441

9/5/2018 Cody J. Jess

2.70

442

9/6/2018 Cody J. Jess

0.60

1,150.00 Continued drafting response to motion to transfer venue
and emailed same to Mr. Jess to review [3.1]; researched
case law re: right to attorneys' fees [1.5]
197.50 Call with Ms. Walter re: Spring Surgical subpoena [.3];
call with Mr. Tittle re: conference call with Ms. Tran [.2]

1150.00

150.00 Telephone call with Ms. Tran and Mr. Tittle re: stipulation
to lift automatic stay
1,066.50 Emails with Ms. Walter and Mr. Crane re: pendency of
stay re: Spring Hospital Surgical Partners' obligation to
respond to ARS subpoena [.4]; prepared for and
attended call with Ms. Tran and Mr. Tittle re: stay relief
stipulation [2.3]
1,500.00 Reviewed and revised letter to Mr. Hirsch re: SESH's
perjury accusation [2.8]; drafted memorandum re:
attorneys' fees provision and fee-shifting statute [3.2]
434.50 Corresponded with Mr. Tittle re: motion for approval of liftstay (.2]; corresponded with clients re: status of the same
[.2]; finalized letter to Mr .. Hirsch re: representations in
reply to motion to stay deadlines [.7]

150.00

45.00 Reviewed and revised letter to Mr. Hirsch re: demand to
correct record
725.00 Reviewed motion to stay and drafted factual background
section [1.2); revised memorandum re: recovery of
attorneys' fees (1.7)
948.00 Corresponded with Mr. Lowden re: [redacted for
LR 54.2(e)(2) (minus 0.2)
privilege] [.2]; reviewed and revised memorandum to
client re: attorneys' fees recovery (2.2]
553.00 Reviewed and revised draft stay relief motions and
orders (1.2]; corresponded with Mr. Tittle re: same [.2]
671.50 Reviewed Ms. Tran's changes to stay relief orders [.2);
corresponded with Mr. Tittle re: same [.3]; reviewed
SESH motion to transfer venue [.4); reviewed and
revised response to same [.6); reviewed Russell and
Davis dockets and sent same to client [.2)
1,066.50 Continued revising response to venue transfer motion
LR 54.2(e)(2) (minus 0.3)
[.8); corresponded with Ms. Neel re: same [.3]; reviewed
Davis and Russell responses to SESH lift stay motions
[.3); corresponded with client re: [redacted for privilege]
[.3]
237.00 Corresponded with Ms. Tran re: form of stay relief order
[.3]; exchanged emails with co-counsel and opposing
counsel re: same [.3)

197.50

1066.50

1500.00

434.50

45.00
725.00

869.00
Sustained
553.00

671.50

948.00

Sustained
237.00

443

9/7/2018 Brittany M. Neel

1.80

444

9/7/2018 Cody J. Jess

0.80

450.00 Reviewed email from Mr. Hirsch re: SESH's perjury
LR 54.2(e)(2) (minus 0.6)
accusation, agreement to lift stay in Ms. Davis's
bankruptcy case, and proposal for in-person meeting,
reviewed ARS's recent document disclosures and
emailed Mr. Jess re: same [.7]; reviewed revised draft of
response to motion to transfer venue [.5]; telephone call
with Mr. Lowden re: [redacted for privilege] [.6)
316.00 Corresponded with Mr. Lowden re: [redacted for
LR 54.2(e)(2) (minus 0.7)
privilege] [. 2]; prepared for and attended telephone call
with Mr. Lowden re: [redacted for privilege] [.5];
corresponded with Mr. Hirsch, co-counsel and Ms. Tran
re: lift-stay and discovery procedures [.1)
Exchanged emails with Ms. Tran and Mr. Tittle re: motion
for stay relief
525.00 Corresponded with Ms. Tran to follow up re: status of
stipulated agreement (.1); corresponded with Mr. Tittle
re: lift stay motions [.3]; revised lift stay motions and
orders [1 .5]; received and reviewed filed copies of stay
relief motions and emailed same to Messrs. Lowden
and Allen [.2]

300.00

Sustained
39.50

Sustained

445

9/11/2018 Brittany M. Neel

0.30

0.00

446

9/13/2018 Brittany M. Neel

2.10

447

9/14/2018 Brittany M. Neel

0.20

448

9/17/2018 Brittany M. Neel

0.40

449

9/18/2018 Brittany M. Neel

1.30

450

9/19/2018 Brittany M. Neel

1.10

451

9/19/2018 Cody J. Jess

1.00

395.00 Reviewed emails related to Davis and Russell lift stay
motions and responded to same [. 7]; corresponded with
Ms. Neel re: Fokas meeting re: ARS disclosures [.3]

395.00

452

9/20/2018 Brittany M. Neel

0.30

0.00

453

9/20/2018 Cody J. Jess

0.20

454

9/21/2018 Brittany M. Neel

0.60

Reviewed pro-hac vice motions and corresponded with
Mr. Tittle re: same
Meeting with Ms. Neel re: pro hac vice admissions in
Davis and Russell cases [.1]; reviewed drafts of same
[.1]
150.00 Prepared email to Mr. Hirsch re: text messages re: ASD

455

9/21/2018 Cody J. Jess

0.50

525.00

Corresponded with Mr. Jess and Mr. Lowden re:
appearance at bankruptcy hearing re: stay relief motions

0.00

100.00 Corresponded with Mr. Allen and Mr. Lowden re:
document review [.2]; corresponded with Mr. Hirsch re:
meeting proposal (.2)
325.00 Corresponded with Mr. Lowden and Mr. Hirsch re:
conditions for in-person meeting [.6]; telephone call with
Mr. Jess re: same and drafted email to Mr. Hirsch re:
ASD text messages [.6]; reviewed Davis and Russell
bankruptcy dockets [.1]
275.00 Conferred with Mr. Jess re: case status [.4]; emailed Mr. LR 54.2(e)(2); LR 54.2(e)(1)(B)
Lowden re: [redacted for privilege]and communications
with Mr. Hirsch re: in-person meeting [.7]

100.00

325.00

100.00

Sustained; overruled

197.50 Reviewed and revised e-mail to Mr. Hirsch re: Webb and
Davis text messages and settlement meeting

0.00

150.00
197.50

456

9/24/2018 Brittany M. Neel

2.20

550.00 Reviewed SESH's second motions for stay relief and
emailed Mr. Jess re: same [.5]; read email from Mr.
Hirsch re: ASD and conferred with Mr. Jess re: same [.4];
read regulatory opinion from Baker Donelson re: ASD
model [.8]; conferred with Mr. Jess re: same and
potential meeting with SESH and counsel [.5]
395.00 Reviewed SESH's amended motions for stay relief;
corresponded with Mr. Tittle re: same [.3]; reviewed and
responded to correspondence from Mr. Hirsch re:
settlement meeting [.7]
625.00 Reviewed Davis's and Russell's bankruptcy dockets [.1];
conferred with Mr. Jess and Mr. Goldberg re: SESH's
accusations re: ASD and prepared agenda for phone call
with Mr. Lowden re: [redacted for privilege] (1.4];
emailed Mr. Tittle re: response to SESH's second
motions for stay
relief [.2]; telephone call with Mr. Lowden re: [redacted
for privilege] [.5]; reviewed and revised email to Mr.
Hirsch re: same [.3]
1,027.00 Reviewed Russell and Davis bankruptcy dockets [.2];
reviewed Baker Donelson opinion letter re: ASD model
and met with Ms. Neel re: same (1.3]; prepared for and
attended call with clients re: Hirsch allegations of illegal
conduct by ARS/ASD; sent Mr. Hirsch e-mail re: same
[1.1]
197.50 Meeting with Mr. Sorenson re: SESH claims related to
ASD model
Reviewed email from Mr. Hirsch and conferred with Mr.
Jess re: same
237.00 Corresponded with Mr. Allen and Mr. Lowden re:
[redacted for privilege] [.3]; corresponded with Mr.
Hirsch re: same [.3]
1,963.50 Reviewed correspondence and limited pleadings re:
alleged kickback scheme [2.5]; discussed same with Mr.
Jess and Ms. Neel [.8]

550.00

457

9/24/2018 Cody J. Jess

1.00

458

9/25/2018 Brittany M. Neel

2.50

459

9/25/2018 Cody J. Jess

2.60

460

9/26/2018 Cody J. Jess

0.50

461

9/27/2018 Brittany M. Neel

0.20

462

9/27/2018 Cody J. Jess

0.60

463

9/26/2018 PS

3.30

464

10/3/2018 Brittany M. Neel

0.60

150.00 Reviewed Davis and Russell bankruptcy dockets and
emailed same to Mr. Lowden and Mr. Allen [.3]; reviewed
Russell's plan of reorganization and disclosure statement
and emailed Mr. Jess re: same [.3]

465

10/3/2018 Cody J. Jess

0.20

466

10/4/2018 Brittany M. Neel

0.60

467

10/4/2018 Cody J. Jess

0.20

Reviewed Davis and Russell dockets [.1 ]; meeting with
Ms. Neel re: same [.1]
150.00 Emailed Mr. Lowden and Mr. Allen re: [redacted for
LR 54.2(e)(2) (minus 0.6)
privilege] [.3]; reviewed SESH's proofs of claim filed in
Russell's and Davis's bankruptcy case and email Mr.
Lowden and Mr. Allen re: [redacted for privilege] (.3]
79.00 Meeting with Ms. Neel re: SESH proofs of claim in Davis
and Russell cases

395.00

LR 54.2(e)(2) (minus 2.2)

75.00

Sustained
1027.00

197.50
0.00
LR 54.2(e)(2) (minus 0.6)

0.00

Sustained
No identity, no qualifications, billing rate
exceeds upper limit of hourly rates set
forth in SW engagement agreement,
no evidence that SW's rates increased Sustained; fee
reduced to
beyond rates set forth in SW
$430/hour
engagement agreement

1419.00

150.00

0.00
0.00

Sustained
79.00

468

10/5/2018 Brittany M. Neel

0.20

Reviewed SESH's response to ARS's motion for stay
relief
875.00 Drafted reply in support of motions for stay relief, revised
same
250.00 Emailed Mr. Tittle re: preliminary hearing re: stay relief
motions; reviewed Davis's and Russell's responses to
ARS's stay relief motions [.4]; prepared reply in support
of stay relief motion fi led in Russell's bankruptcy case
and emailed same with reply in support of stay relief
motion filed in Davis's bankruptcy case to Mr. Lowden
and Mr. Allen [.3]; emailed same to Mr. Tittle [.3]

469

10/9/2018 Brittany M. Neel

3.50

470

10/10/2018 Brittany M. Neel

1.00

471

10/10/2018 Cody J. Jess

0.60

237.00 Reviewed and revised reply to SESH response to motion
for stay relief in Davis and Russell bankruptcies [.4];
meeting with Ms. Neel re: same [.2]

472

10/10/2018 Julie S. Larsen

0.20

473

10/11/2018 Brittany M. Neel

0.30

474

10/11/2018 Cody J. Jess

0.80

Reviewed and revised language for reply in support of
ARS's motion for stay relief
75.00 Corresponded with Mr. Tittle re: status of preliminary
hearing and setting final hearing
316.00 Corresponded with Mr. Tittle re: preliminary and final
LR 54.2(e)(2) (minus 0.3)
hearings on ARS and SESH lift-stay motions; exchanged
emails wtih Mr. Lowden and Mr .. Allen re: [redacted for
privilege] [.3]; reviewed Davis and Russell responses to
SESH and ARS motions for stay relief [.5]

475

10/15/2018 Brittany M. Neel

0.60

476

10/15/2018 Cody J. Jess

1.00

477

10/15/2018 DCS

0.30

478

10/16/2018 Brittany M. Neel

3.70

479

10/16/2018 Cody J. Jess

1.60

480
481

10/16/2018 DCS
10/17/2018 Cody J. Jess

0.40
0.70

0.00
875.00
250.00

237.00

0.00
75.00
197.50

Sustained
150.00 Telephone call with Mr. Tittle and Mr. Bonds re:
evidentiary hearing on stay relief
395.00 Prepared for and attended call with Mr. Bonds re: final
hearing on lift stay motions in Davis and Russell cases
[.8]; meeting with Mr. Schian re: same [.2]
178.50 Reviewed issues related to stay and ability to resolve
same
925.00 Emailed Mr. Lowden and Mr. Allen re: [redacted for
LR 54.2(e)(2) (minus 0.2)
privilege] (.2]; prepared replies in support of motions for
stay relief re: Davis's and Russell's opposition to same
(3.1]; conferred with Mr. Schian and Mr. Jess re: strategy
[.4]
632.00 Meeting with Ms. Neel re: replies to Davis and Russell
LR 54.2(e)(2) (minus 1.0)
responses to ARS lift-stay motions [.2]; reviewed
nondischargeability issue [.4]; lengthy correspondence to
Mr. Allen and Mr. Lowden re: [redacted for privilege]
[1.0]
Reviewed order and office conference with re: same
276.50 Corresponded with Mr. Allen re: Davis dismissal strategy
meeting (.2); corresponded with Mr. Tittle re: status of
obtaining documents and witnesses for liftstay trial (. 1 );
reviewed and revised replies to responses to motions for
relief in Davis and Russell bankruptcy
cases (.4)

150.00
395.00

178.50
875.00

Sustained
237.00

Sustained
0.00
276.50

482

10/17/2018 Julie S. Larsen

0.20

Reviewed and revised replies in support of motions for
relief re: Davis and Russell Texas bankruptcies
Conferred with Mr. Jess re: [redacted for privilege];
telephone call with Mr. Lowden re: [redacted for
privilege]
Prepared for conference call with Mr. Lowden and Mr.
Allen re: [redacted for privilege] [.3]; reviewed
documents from Mr. Lowden re: [redacted for privilege];
call with Mr. Lowden re: [redacted for privilege] [.8];
email to Ms. Tran re: lift-stay trial [.1]
Reviewed Davis and Russell bankruptcy dockets and
SESH's objection to Russell's disclosure statement
Corresponded with Mr. Tittle re: lift-stay trial [.2]; meeting
with Ms. Neel re: form of stipulation re: same [.1]; call to
Ms. Tran re: same [.1]
Telephone call with Ms. Tran re: settlement proposal
Call with Ms. Tran re: lift-stay stipulation
Corresponded with Ms. Tran re: status of ARS dismissal
offer
Corresponded with Ms. Tran re: Russell and Davis
agreement re: stay relief [.2]; reviewed and revised draft
lift-stay stipulations [.5]
Corresponded with Mr. Tittle re: status of stipulated stay
relief order [.1]; sent same to Mr. Allen and Mr. Lowden
[.1]
Reviewed SESH's non-dischargability complaint [.2];
corresponded with Mr. Tittle re: SESH's threatened
objection to stipulated stay relief order [.2]; telephone call
with Mr. Tittle and Mr. Jones re: same [1]; emailed Mr.
Tittle re: same [.4]
Reviewed Russell and Davis bankruptcy dockets [.2];
corresponded with Mr. Tittle re: SESH
nondischargeability complaint re: Davis [.2]; reviewed
multiple emails from local counsel re: SESH objection to
stipulation [.6]; lengthy call with Mr. Bonds re: same [.4];
meeting with Mr. Schian re: same; reviewed SESH
nondischargeability complaint [.5]
Correspond with Mr. Tittle re: hearing re: SESH's request
for stay relief [.4]; telephone call with Ms. Tran re: same
[.4]; conferred with Mr. Jess re: strategy for proceeding
with stay relief [.7]; reviewed District Court order re: stay
[.1]; reviewed minute entry re: judge reassignment,
research judge's credentials, and email Messrs. Lowden,
Allen, and Grim re: [redacted for privilege] [.4].

483

10/22/2018 Brittany M. Neel

0.40

100.00

484

10/22/2018 Cody J. Jess

1.20

474.00

485

10/23/2018 Brittany M. Neel

0.20

486

10/23/2018 Cody J. Jess

0.40

158.00

487
488
489

10/24/2018 Brittany M. Neel
10/24/2018 Cody J. Jess
10/25/2018 Cody J. Jess

0.50
0.40
0.20

125.00
158.00
79.00

490

10/26/2018 Cody J. Jess

0.70

276.50

491

10/29/2018 Cody J. Jess

0.20

79.00

492

10/30/2018 Brittany M. Neel

1.80

450.00

493

10/30/2018 Cody J. Jess

1.90

750.50

494

10/31/2018 Brittany M. Neel

2.00

500.00

495

10/31/2018 Cody J. Jess

1.10

496

10/31/2018 Julie S. Larsen

0.30

434.50 Corresponded with Mr. Tittle re: SESH adversary
complaint against Davis [.1]; emails with Mr. Allen re:
same [.2]; prepared email to Mr. Kilmer re: same [.5];
calls with Ms. Tran re: Davis/Russell stipulations [.3]
67.50 Prepared stipulation and proposed order to dismiss Davis

0.00
LR 54.2(e)(2); LR 54.2(e)(1)(B) (minus
0.4)

0.00
Sustained
39.50

LR 54.2(e)(2) (minus 1.1)

Sustained
0.00
158.00

125.00
158.00
79.00
276.50

79.00

450.00

750.50

LR 54.2(e)(2) (minus 0.4)

400.00

Sustained
434.50

67.50

497

12/7/2018 Cody J. Jess

0.20

498

12/11/2018 Cody J. Jess

0.20

499
500

12/12/2018 Brittany M. Neel
12/12/2018 Cody J. Jess

0.40
0.20

501

12/12/2018 Brittany M. Neel

0.70

502

12/13/2018 Cody J. Jess

0.80

503

12/28/2018 Brittany M. Neel

0.80

504

1/7/2019 Brittany M. Neel

1.20

505

1/7/2019 Cody J. Jess

1.20

506

2/1/2019 Brittany M. Neel

0.60

507

2/4/2019 Brittany M. Neel

0.20

508

2/5/2019 Brittany M. Neel

0.50

509

12/11/2018 Andrea Marconi

0.50

510

12/11/2018 Sara Witthoft

1.90

79.00 Reviewed order lifting stay; corresponded with client re:
same
79.00 Reviewed order setting Rule 16 case management
conference and sent same to Mr. Allen and Mr. Lowden

79.00

Conferred with Mr. Jess re: file transfer
Corresponded with Mr. Allen and Mr. Shwer re: file
transfer
Phone call with Mr. Shwer and Ms. Marconi re: case
transfer [.5]; conferred with Mr. Jess and Ms. Larsen re:
same [.2]
316.00 Prepared for and attended call with Mr. Shwer and Ms.
Marconi re: substitution and case status and strategy;
meeting with Ms. Larsen re: preparing and sending
exhibits to response to motion to transfer venue

0.00
0.00

79.00

0.00

Services related to transition of
representation from SE to TS

0.00

Sustained
Reviewed and organized emails to prepare to transfer to
new counsel
Reviewed emails and prepared same for transferring to
new counsel
Reviewed and prepared emails for file transfer to Thorpe
Shwer
Corresponded with Ms. Larsen re: Thorpe Shwer's
inquiries re: various documents; emailed Inertia re:
exporting documents from Eclipse
Read and responded to emails from Mr. Fritz and Mr.
Paul re: exporting ARS documents from Eclipse
Telephone call with Mr. Paul re: exporting ARS
documents from Eclipse
167.50 Telephone conference with Mr. Grim to discuss
Lack of Substance of Communication
[redacted for privilege] (.2); review of order lifting stay under LR 54.2(e)(2) and/or LR
(.1); evaluate next steps in case, including substitution of 54.2(e)(2)(C) - hereinafter "LR
counsel needed and response to motion to change venue 54.2(e)(2)" (minus 0.2)
(.2).
617.50 SESH/Joanna Davis Matter: Review and analyze nonServices related to transition of
dischargeability complaint filed as adversary proceeding representation from SE to TS; "Up to
in Joanna Davis' bankruptcy case, ARS' motion for partial Speed" Fees (minus 1.9)
summary judgment regarding liability in district court case
against SESH, ARS' third amended complaint filed in
district court, SESH's answer to third amended complaint
filed in district court, and SESH's renewed motion to
transfer venue to the Southern District of Texas (1.9).

0.00
0.00
0.00
0.00

0.00
0.00
100.50

Sustained
0.00

Sustained

511

12/12/2018 Andrea Marconi

3.10

512

12/12/2018 Sara Witthoft

2.80

1,038.50 Develop strategy for response to renewed motion to
Services related to transition of
transfer venue (.2); evaluate issues and strategy for
representation from SE to TS; "Up to
substitution of counsel filing (.1); review applicable court Speed" Fees (minus 3.1)
rules and evaluate strategy for withdrawal of counsel and
substitution paperwork to file with court (.3); review and
analyze third amended complaint, order o original venue
motion, answer and defendant's renewed motion for
transfer of venue in preparation for drafting response and
moving forward with defense of action (1.6); draft
application for withdrawal of Schian Walker as counsel
and substitution and proposed order granting same (.7);
draft engagement letter [NO CHARGE .2].

0.00

Sustained

513

12/13/2018 Brad Shwer

0.60

910.00 SESH Matter: Meeting with Andrea Marconi regarding
[redacted for privilege] (.5); review email
correspondence from James Allen regarding said matter
(.2); review email correspondence from Cody Jess
regarding outstanding issues, pending deadlines, and
transfer of file (.2); review AZ District Court Local Rule
83.3 and review application and proposed order for
substitution of counsel and confer with Andrea Marconi
regarding same (.3); review and analyze SESH's reply
with respect to motion to suspend deadlines pending
resolution of motion to transfer venue, ARS' notice of
lifting of automatic stay in bankruptcy matters, SESH's
objection to ARS' notice regarding lifting of stay, ARS'
response to said objection, and December 7, 2018 order
lifting stay imposed in district court and imposing
December 21 deadline for response to renewed motion
to transfer venue (1.3); review and analyze Cody Jess'
draft response to renewed motion to change venue and
begin to revise same (.3).

LR 54.2(e)(2) (minus 0.5); Services
related to transition of representation
from SE to TS; "Up to Speed" Fees
(minus 2.3)

201.00 Conference with Mr. Jess regarding case status (.2);
assess various documents related to same (.4)

Services related to transition of
representation from SE to TS; "Up to
Speed" Fees (minus 0.6)

0.00

Sustained;
sustained; sustained
0.00
Sustained

514

12/13/2018 Andrea Marconi

3.50

1,172.50 Further evaluate issues and strategy regarding [redacted LR 54.2(e)(2) (minus 0.2); Services
for privilege] (.2); review and analyze numerous pertinent related to transition of representation
pleadings filed in case, including regarding Bankruptcy
from SE to TS; "Up to Speed" Fees
Court orders and lifting of stay related to certain
(minus 1.5)
discovery and other issues, and motions to suspend
deadlines pending resolution of venue, as well as
research case docket for other pertinent filings that will
assist in preparing response to motion for venue transfer
(.8); review draft response to venue motion and evaluate
revisions and supplementation needed to same, including
because of dismissal of Davis defendant, which impacts
motion, as well as refine argument strategy for response
to venue motion in light of recent case developments
including dismissal of Ms. Davis and motion to reconsider
lifting of stay pending in Bankruptcy Court cases
regarding Davis and Russell (1.6); review order setting
rule 16 conference and evaluate related deadlines and
requirements (.2); draft detailed correspondence to client
regarding withdrawal and substation papers and Rule 16
order (.1); correspond with Mr. Jess regarding withdrawal
and substitution papers and fling of same (.1); telephone
call with Mr. Jess and B. Shwer to discuss transfer of file
documents and related issues (.5).

515

12/13/2018 Sara Witthoft

1.50

487.50 SESH Matter: Confer with Andrea Marconi regarding ex Services related to transition of
parte application for substitution of counsel and revisions representation from SE to TS; "Up to
thereto (.3); meeting with Andrea regarding response to Speed" Fees (minus 1.5)
renewed motion to transfer venue (.9); review docket for
Joanna Davis' chapter 7 bankruptcy case (.3)

516

12/14/2018 Carmen Boubek

2.20

286.00 (Paralegal) Analyze case file documents provided by
Schian Walker

517

12/14/2018 Carmen Boubek

0.60

603.00

Sustained; sustained
0.00

Sustained

518 12/15/2018

Andrea Marconi

3.60

519 12/17/2018

Carmen Boubek

4.40

520 12/17/2018

Andrea Marconi

2.70

78.00 (Paralegal) Assist with the preparation of response to
renewed motion to transfer venue to the Southern District
of Texas
1,206.00 Review and analyze key case law cited in draft response
to renewed motion to transfer venue and evaluate same
and potential additional cases for use in response (2.2);
review and analyze additional pertinent filings in case,
including prior venue motion briefing, motion to suspend
deadlines, key affidavits filed in case, and also review
and analyze applicable contracts key to claims in case
(1.4).
572.00 (Paralegal) Continue to analyze documents provided by
Schian Walker
1,012.50 Revise and supplement response to renewed motion to
dismiss, with emphasis on sections regarding 1404
transfer and forum selection clause arguments.

Services related to transition of
representation from SE to TS; "Up to
Speed" Fees (minus 2.2)

0.00
Sustained
78.00

Services related to transition of
representation from SE to TS; "Up to
Speed" Fees (minus 1.4)

737.00

Sustained
Services related to transition of
representation from SE to TS; "Up to
Speed" Fees (minus 4.4)

0.00
Sustained
1012.50

521 12/17/2018

Sara Witthoft

4.50

1,462.50 Review bankruptcy court docket for Joanna Davis and
pertinent filings and orders, and work on response to
SESH's Renewed Motion to Transfer Venue to the
Southern District of Texas.
364.00 (Paralegal) Continue to analyze documents provided by
Schian Walker

1462.50

522

12/18/2018 Carmen Boubek

2.80

Services related to transition of
representation from SE to TS; "Up to
Speed" Fees (minus 2.8)
Services related to transition of
representation from SE to TS; "Up to
Speed" Fees (minus 2.6)
LR 54.2(e)(2)(A) (minus 0.2)

0.00

523

12/18/2018 Carmen Boubek

2.60

338.00 Paralegal) Analyze documents produced by defendants

524

12/18/2018 Andrea Marconi

0.40

525
526

12/19/2018 Brad Shwer
12/19/2018 Andrea Marconi

0.50
0.60

527

12/19/2018 Sara Witthoft

1.00

528

12/20/2018 Andrea Marconi

1.10

150.00 Evaluate issues and strategy regarding need for
protective order in case as well as appropriateness of
disclosure of EBA with response, including review prior
filings of EBA with court in public record (.2); telephone
conference with Mr. Grim and Mr. Lowden to
discuss[redacted for privilege] (.2).
187.50 Assess renewed motion to transfer venue
225.00 Review and evaluate client comments to draft of
response to renewed venue motion and revise and
incorporate draft to incorporate same (.6).
325.00 Meeting with Andrea Marconi regarding strategy with
LR 54.2(e)(2)(A) (minus 0.7)
respect to response to SESH's renewed motion for
transfer of venue and confidentiality issues going forward
(.3); read and consider email from Doug Lowden
regarding [redacted for privilege] (.7).
412.50 Further revise to incorporate client comments and
globally refine response to SESH's venue motion, make
final edits and finalize exhibits for filing tomorrow.

529

12/20/2018 Sara Witthoft

1.40

455.00 Review dockets for Joanna Davis and Devorshia
Russell's bankruptcy proceedings in Southern District of
Texas and analyze status of same (.3); review and revise
response to renewed motion to transfer venue (1.1).

455.00

530

12/21/2018 Brad Shwer

0.80

300.00

531

12/21/2018 Carmen Boubek

0.70

532

12/21/2018 Andrea Marconi

0.10

533

12/21/2018 Sara Witthoft

0.90

534

12/26/2018 Brad Shwer

0.60

300.00 Assess response to motion to transfer venue (.7);
correspondence with client regarding same (.1)
91.00 (Paralegal) Assist with the preparation of response to
renewed motion to transfer venue
37.50 Correspondence with defense counsel to discuss Rule
26(f) conference (.1).
292.50 Finalize response to SESH's renewed motion to transfer
venue for filing.
225.00 Various conferences, correspondence, and issue review
related to stipulation to extend SESH's reply to venue
brief

Sustained
338.00
Overruled
75.00

Sustained
187.50
225.00

97.50

Sustained
412.50

91.00
37.50
292.50
225.00

535

12/26/2018 Andrea Marconi

0.60

225.00 Review request for extension of time from SESH counsel
and confer with Mr. Lowden regarding same (.2); review
and send voluminous emails with legal team and client
representatives throughout day to discuss various issues
regarding extension and pushing case deadlines and
activity moving forward (.4).

536

12/26/2018 Sara Witthoft

1.00

325.00 Review multiple emails from James Allen, Greg
Maldonado, and Doug Lowden regarding [redacted for
privilege] (.4); email to James Allen, Greg Maldonado,
and Doug Lowden [redacted for privilege] (.3); review
draft stipulation and proposed order extending said
deadline and email to Kyle Hirsch regarding same (.3).

225.00

LR 54.2(e)(2)(A) (minus 0.7)

97.50

Sustained
537

1/2/2019 Andrea Marconi

3.50

1,312.50 Review and analyze numerous prior discovery and
scheduling orders and joint reports, as well as discovery
disputes, pending depositions noticed prior to stay,
subpoenas issued and other pertinent filings in case to
evaluate prior case deadlines and discovery issues
raised and otherwise prepare for Rule 26(f) discovery
conference with defense counsel today (1.9); brief review
of nature of parties' prior discovery responses and
documents produced in case to ascertain scope of prior
discovery conducted (.2); further prepare strategy for
Rule 26(f) conference with S. Witthoft (.5); telephone
conference with S. Witthoft and defense counsel to
conduct Rule 26(f) discovery conference (.7); evaluate
outcome of call and preliminary next steps (.2).

1312.50

538

1/2/2019 Sara Witthoft

3.50

1,137.50 Review docket and previous filings relating to discovery
and scheduling to prepare for Rule 26(f) conference with
SESH's counsel (2.1); meeting with Andrea Marconi to
prepare for Rule 26(f) conference (.5); participate in
telephonic Rule 26(f) conference with SESH's counsel
(.7); meeting with Andrea Marconi regarding Rule 26(f)
conference and next steps (.2).

1137.50

539
540

1/3/2019 Carmen Boubek
1/3/2019 Andrea Marconi

0.50
0.90

541

1/3/2019 Sara Witthoft

0.90

542

1/4/2019 Andrea Marconi

0.40

543

1/7/2019 Brad Shwer

0.50

544

1/7/2019 Carmen Boubek

2.20

65.00 (Paralegal) Prepare joint case management report
337.50 Correspondence with client regarding [redacted for
LR 54.2(e)(2)(A) (minus 0.1)
privilege] (.1); telephone conference with Messrs.
Lowden and Grim and S. Witthoft to discuss Rule 26(f)
conference, joint report and related discovery deadlines
and case strategy for moving forward (.8).
292.50 Teleconference with Doug Lowden and Tyler Grim
LR 54.2(e)(2)(A) (minus 0.9)
regarding [redacted for privilege]
150.00 Review and analyze opinion letter regarding [redacted for LR 54.2(e)(2)(A) (minus 0.4)
privilege]
187.50 Evaluate recent briefing, including reply, and
correspondence from client regarding same
286.00 (Paralegal) Prepare discovery and disclosures for
attorney analysis

65.00
300.00

Sustained
0.00
Sustained
0.00
Sustained
187.50
286.00

545

1/7/2019 Carmen Boubek

2.20

286.00 (Paralegal) Analyze documents produced by SESH

546

1/7/2019 Andrea Marconi

0.90

337.50 Review and analyze reply filed by defendants in support
of renewed motion for venue transfer and evaluate same
to address questions raised by client as well as assess
allegations regarding defendants' intention to amend
complaint to add additional claims and parties (.6); review
and draft/exchange detailed correspondence with Mr.
Lowden regarding his questions regarding reply brief and
assertions made by defense in same (.3).

337.50

547

1/7/2019 Sara Witthoft

1.30

422.50 Review and analyze SESH's reply in support of renewed
motion to transfer venue to the Southern District of Texas
(.7); read and consider email correspondence from Doug
Lowden regarding said reply (.2); meeting with Andrea
Marconi to discuss strategy and analyze next steps (.4).

422.50

548

1/8/2019 Carmen Boubek

6.20

549

1/9/2019 Carmen Boubek

4.20

550

1/9/2019 Andrea Marconi

4.40

551

1/9/2019 Sara Witthoft

0.40

552

1/10/2019 Carmen Boubek

5.40

Services related to transition of
representation from SE to TS; "Up to
Speed" Fees (minus 2.2)

806.00 (Paralegal) Continue to analyze documents produced by Services related to transition of
defendants
representation from SE to TS; "Up to
Speed" Fees (minus 6.2)
546.00 (Paralegal) Continue to analyze 50,000 pages of
Services related to transition of
documents produced by parties
representation from SE to TS; "Up to
Speed" Fees (minus 4.2)
1,650.00 Review pertinent case file materials and orders and draft
detailed and lengthy joint case management report
required by court (4.0); evaluate strategy for potential
continued settlement conference (.4).
130.00 Confer with Andrea Marconi regarding strategy going
forward and issues related to preparation of Rule 26(f)
report.
702.00 (Paralegal) Continue to analyze 50,000 pages of
Services related to transition of
documents produced by parties
representation from SE to TS; "Up to
Speed" Fees (minus 5.4)

286.00
Overruled

806.00
Overruled
546.00
Overruled
1650.00

130.00

702.00
Overruled

553

1/10/2019 Andrea Marconi

3.40

1,275.00 Continued work on and revisions to draft joint report and LR 54.2(e)(2)(A) (minus 1.0)
send to client for review and comment (.8); preliminary
review and analysis of motion for partial summary
judgment and state of facts supporting same (.8);
evaluate and assess potential impact of third amended
complaint and new claim for breach of NDA and its filing
after the motion for summary judgment on liability,
including consider whether motion can be supplemented
to include arguments regarding NDA and related strategy
issues (.4); review and analyze correspondence from Mr.
Lowden regarding [redacted for privilege] (.1); evaluate
strategy and issues regarding re-commencing settlement
discussions and timing of same and draft detailed
correspondence to client [redacted for privilege] (.8);
revise joint report to include client comments and send to
SESH counsel for review and comment (.2); evaluate
issues relating to and review and exchange emails with
client regarding [redacted for privilege] (.1); further
review and exchange correspondence with Mr. Lowden
regarding various case strategy issues (.2).

554
555

1/10/2019 Sara Witthoft
1/10/2019 Sara Witthoft

0.50
2.70

162.50 Review and revise draft Rule 26(f) joint report (.5).
877.50 Meeting with Andrea Marconi to discuss strategy and
LR 54.2(e)(2)(A) (minus 1.1)
discovery-related issues (.4); read and consider emails
from Doug Lowden regarding [redacted for
privilege](1.1); read and consider emails from Doug
Lowden regarding discovery to be conducted (.3); review
and consider motion for partial summary judgment and
consider discovery to be conducted (.9).

556

1/11/2019 Carmen Boubek

6.60

858.00 (Paralegal) Continue to analyze 50,000 pages of
documents produced by parties

557

1/11/2019 Andrea Marconi

0.60

558

1/11/2019 Sara Witthoft

0.30

559

1/14/2019 Carmen Boubek

3.10

560

1/14/2019 Andrea Marconi

1.10

561

1/15/2019 Carmen Boubek

5.00

225.00 Review and analyze court order denying venue motion
and draft correspondence to client regarding same (.3);
evaluate next steps and strategy in case in light of same
(.3).
97.50 Review and consider Order denying SESH's renewed
motion to transfer venue.
403.00 (Paralegal) Continue to analyze 25,000 pages of
Services related to transition of
documents produced by defendants
representation from SE to TS; "Up to
Speed" Fees (minus 3.1)
412.50 Review and analyze parties' initial and supplemental
MIDP disclosures and evaluate ARS RFP and
supplemental responses for use in proceeding with
prosecution of case (1.1).
650.00 (Paralegal) Continue to analyze 25,000 pages of
Services related to transition of
documents produced by defendants
representation from SE to TS; "Up to
Speed" Fees (minus 5.0)

900.00

Sustained
162.50
520.00

Sustained
Services related to transition of
representation from SE to TS; "Up to
Speed" Fees (minus 6.6)

858.00
Overruled
225.00

97.50
403.00
Overruled
412.50

650.00
Overruled

562

1/15/2019 Andrea Marconi

0.10

37.50 Correspondence with SESH counsel regarding follow up
on draft joint report (.1).
97.50 Review and analyze SESH's revisions to draft Rule 26(f)
report.
375.00 Review numerous recent filings, including joint report,
and related documents
793.00 (Paralegal) Continue to analyze 50,000 pages of
Services related to transition of
documents produced by parties
representation from SE to TS; "Up to
Speed" Fees (minus 6.1)
1,162.50 Review and evaluate additional language and suggested LR 54.2(e)(2)(A) (minus 0.2)
edits from SESH to joint case management report and
further revise to incorporate same as well as evaluate
next steps and strategy issues regarding upcoming
discovery and briefing in case, as well as defense of
expected counterclaims and third party claims by SESH
(2.2); draft detailed correspondence to clients and
exchange follow up communications regarding [redacted
for privilege] (.2); further correspondence with Mr. Crane
regarding joint report prior to filing (.2); make final edits to
joint report and file today (.5).

563

1/15/2019 Sara Witthoft

0.30

564

1/16/2019 Brad Shwer

1.00

565

1/16/2019 Carmen Boubek

6.10

566

1/16/2019 Andrea Marconi

3.10

567

1/16/2019 Sara Witthoft

1.30

568

1/17/2019 Carmen Boubek

2.80

569

1/17/2019 Andrea Marconi

0.10

570

1/18/2019 Carmen Boubek

4.70

611.00 (Paralegal) Continue to analyze 50,000 pages of
documents produced by parties

571

1/21/2019 Carmen Boubek

5.10

663.00 (Paralegal) Continue to analyze 50,000 pages of
documents produced by parties

572
573

1/21/2019 Carmen Boubek
1/22/2019 Brad Shwer

0.20
0.20

574

1/22/2019 Carmen Boubek

0.70

575

1/22/2019 Carmen Boubek

1.40

26.00 (Paralegal) Assist with rule 16 hearing
75.00 Assess various correspondence from client and attention
to same
91.00 (Paralegal) Continue to assist with the preparation of
Rule 16 case management conference
182.00 (Paralegal) Prepare discovery documents for attorney
analysis

37.50
97.50
375.00
793.00
Overruled
1087.50

Sustained
422.50 Strategize with Andrea Marconi regarding SESH's
LR 54.2(e)(2)(A) (minus 0.2)
changes to draft Rule 26(f) report and changes to ARS's
portions of said report in response thereto (.3); review
and revise said Rule 26(f) report (.6); review and
consider email from Doug Lowden regarding [redacted
for privilege] (.2); review email from Dan Crane regarding
SESH's additional revisions to Rule 26(f) report and
confer with Andrea Marconi regarding finalization of
same (.2).
364.00 (Paralegal) Continue to analyze 50,000 page of
Services related to transition of
documents produced by parties
representation from SE to TS; "Up to
Speed" Fees (minus 2.8)
37.50 Correspondence to client regarding joint report filing (.1).
Services related to transition of
representation from SE to TS; "Up to
Speed" Fees (minus 4.7)
Services related to transition of
representation from SE to TS; "Up to
Speed" Fees (minus 5.1)

357.50

Sustained
364.00
Overruled
37.50
611.00
Overruled
663.00
Overruled
26.00
75.00
91.00
182.00

576

1/22/2019 Andrea Marconi

2.60

975.00 Review pertinent filings, documents, and other materials LR 54.2(e)(2)(A) (minus 0.2)
and evaluate strategy issues in preparation for
tomorrow's case management conference (2.1); review
and exchange correspondence with client regarding
[redacted for privilege] (.2); assess status of efforts to
synthesize and prepare for review 50,000 plus
documents produced by parties in case and evaluate
strategy regarding preliminary review process (.3).

577

1/22/2019 Sara Witthoft

0.50

578

1/23/2019 Brad Shwer

0.30

162.50 Review and consider email correspondence from Doug LR 54.2(e)(2)(A) (minus 0.2)
Lowden regarding [redacted for privilege] (.2); review
bankruptcy court dockets for Joanna Davis and
Devorshia Russell and analyze status of said bankruptcy
cases (.3).
112.50 Assess results from conference with court this morning

579

1/23/2019 Carmen Boubek

5.80

580

1/23/2019 Andrea Marconi

4.20

1,575.00 Final preparations for, travel to and attend Rule 16 case
management conference, including communications with
SESH counsel after same regarding next steps in case
and further evaluate same (3.0); begin to evaluate
strategy for next steps in case, including discovery prior
to summary judgment motion, consider potential experts
and other discovery issues and strategy (.6); telephone
conference with Messrs. Grim and Lowden [redacted for
privilege](.6).

581

1/24/2019 Sara Witthoft

4.30

1,397.50 Prepare for Rule 16 scheduling conference (.9); travel to LR 54.2(e)(2)(A) (minus 0.7)
and from Federal Court and participate in Rule 16
scheduling conference (1.8); review and consider minute
entry regarding Rule 16 scheduling conference (.1);
review and analyze scheduling order entered by Judge
Lanza (.3); meeting with Andrea Marconi to discuss
strategy regarding discovery including potential expert
testimony (.5); teleconference with Tyler Grim and Doug
Lowden regarding [redacted for privilege] (.7).

582

1/24/2019 Carmen Boubek

0.30

583
584

1/24/2019 Carmen Boubek
1/24/2019 Carmen Boubek

2.00
1.10

585

1/24/2019 Andrea Marconi

0.20

586

1/25/2020 Carmen Boubek

5.30

900.00

Sustained

754.00 (Paralegal) Continue to analyze 50,000 pages of
documents produced by parties

Services related to transition of
representation from SE to TS; "Up to
Speed" Fees (minus 5.8)
LR 54.2(e)(2)(A) (minus 0.6)

97.50

Sustained
112.50
754.00
Overruled
1350.00

Sustained
1170.00

Sustained
39.00 (Paralegal) Analyze court docket regarding membership
detail of ARS
260.00 (Paralegal) Prepare protective order
143.00 (Paralegal) Analyze 50,000 pages of documents
Services related to transition of
produced by parties
representation from SE to TS; "Up to
Speed" Fees (minus 1.1)
75.00 Analysis of issues and strategy for protective order
needed (.2).
689.00 (Paralegal) Continue to analyze 50,000 pages of
Services related to transition of
documents produced by parties
representation from SE to TS; "Up to
Speed" Fees (minus 5.3)

39.00
260.00
143.00
Overruled
75.00
689.00
Overruled

587

1/26/2019 Andrea Marconi

2.40

900.00 Review and analyze ARS and SESH discovery requests
and all responses, including supplemental responses,
and assess key areas of focus for upcoming review of all
documents produced as well as evaluate potential areas
for follow up party and third-party discovery.

900.00

588

1/28/2019 Carmen Boubek

7.20

936.00 (Paralegal) Continue to analyze 50,000 pages of
documents produced by parties

589

1/28/2019 Sara Witthoft

1.20

390.00

590

1/28/2019 Victoria Dunne

1.90

390.00 Review and analyze discovery responses served by ARS
and SESH and analyze next steps with respect to
additional discovery to be conducted.
541.50 Review and analyze Case Docket in preparation for
evaluating case status and upcoming discovery needs.

591

1/28/2019 Victoria Dunne

1.70

484.50

592

1/28/2019 Victoria Dunne

1.50

593

1/28/2019 Victoria Dunne

0.90

594

1/29/2019 Carmen Boubek

4.00

595

1/29/2019 Andrea Marconi

0.80

596

1/29/2019 Sara Witthoft

0.40

484.50 Review and analyze Third Amended Complaint in
preparation for engaging in discovery and evaluating
potential motion practice.
427.50 Review and analyze Answer to Third Amended
Complaint in preparation for engaging in discovery and
evaluating potential motion practice.
256.50 Review and analyze Joint Case Management Report in
preparation for anticipating future tactics from
Defendants and coordinating discovery.
520.00 (Paralegal) Continue to analyze documents produced by Services related to transition of
parties
representation from SE to TS; "Up to
Speed" Fees (minus 4.0)
300.00 Telephone call with Mr. Hirsch to discuss issues
regarding potential change in counsel and scheduling of
upcoming depositions to meet court deadlines (.2);
evaluate next steps and strategy in light of same (.3);
preliminary assessment of additional file materials
received from Schian Walker and strategize for best
strategy to accomplish review of same (.3).
130.00 Teleconference with Kyle Hirsch regarding status of
substitution of counsel and scheduling depositions (.2);
strategize with Andrea Marconi regarding next steps (.2).

597

1/29/2019 Victoria Dunne

1.10

598

1/29/2019 Victoria Dunne

0.90

599

1/29/2019 Victoria Dunne

1.30

600

1/30/2019 Carmen Boubek

5.80

Services related to transition of
representation from SE to TS; "Up to
Speed" Fees (minus 7.2)

936.00
Overruled

541.50

427.50

256.50

520.00
Overruled
300.00

130.00

313.50 Review and analyze Plaintiff's Motion for Partial
Summary Judgment in preparation for engaging in
discovery.
256.50 Review and analyze Statement of Facts in support of
Motion for Partial Summary Judgment.
370.50 Review and analyze Exhibits 1-2 to Statement of Facts in
support of Motion for Partial Summary Judgment in
preparation for developing discovery strategy.
754.00 (Paralegal) Continue to analyze 5,000 documents
produced by defendant

313.50

256.50
370.50

Services related to transition of
representation from SE to TS; "Up to
Speed" Fees (minus 5.8)

754.00
Overruled

601

1/30/2019 Sara Witthoft

1.30

422.50 Review of categories of documents disclosed/produced
and documents held back pursuant to privilege, and
analyze strategy with respect to next steps for discovery
and case management.

422.50

602

1/30/2019 Victoria Dunne

1.60

456.00

603

1/30/2019 Victoria Dunne

1.40

604

1/30/2019 Victoria Dunne

0.20

456.00 Review and analyze Plaintiff SESH's Original Petition,
Request for Temporary Restraining Order, Permanent
Injunction, and Disclosure in cv 2017-30828 in
preparation for developing discovery plan.
399.00 Review and analyze Plaintiff SESH's First Amended
Petition an Request for Disclosure in cv 2017-30828 in
preparation for developing discovery plan.
57.00 Review and analyze November 22, 2017
Correspondence to Plaintiffs' counsel regarding SESH's
bad faith denial of Ms. Davis' actual authority to contract
on its behalf in preparation for developing discovery plan.

605

1/30/2019 Victoria Dunne

0.70

199.50

606

1/30/2019 Victoria Dunne

0.10

607

1/30/2019 Victoria Dunne

0.60

608

1/30/2019 Victoria Dunne

0.40

609

1/30/2019 Victoria Dunne

0.10

610

1/30/2019 Victoria Dunne

0.10

611

1/30/2019 Victoria Dunne

0.70

612

1/30/2019 Victoria Dunne

0.40

199.50 Review and analyze Plaintiff SESH's Second Amended
Original Petition and Disclosure in cv 2017-30828 in
preparation for developing discovery plan.
28.50 Review and analyze Affidavit of Debra Sofia in
preparation for developing discovery plan.
171.00 Review and analyze Affidavit of Joanna Davis in
preparation for developing discovery plan.
114.00 Review and analyze Affidavit of Devorshia Janell Russell
in preparation for developing discovery plan.
28.50 Review and analyze Affidavit of Jeffrey L. Webb in
preparation for developing discovery plan.
28.50 Review and analyze SESH's Certificate of Formation in
preparation for developing discovery plan.
199.50 Review and analyze Excellence Medical Group's Mutual
Nondisclosure Agreement in preparation for developing
discovery plan.
114.00 Review and analyze SESH's Business Associates
Agreement in preparation for developing discovery plan.

613

1/30/2019 Victoria Dunne

0.20

57.00

614

1/30/2019 Victoria Dunne

0.10

615

1/30/2019 Victoria Dunne

0.70

616

1/30/2019 Victoria Dunne

0.10

617

1/31/2019 Carmen Boubek

0.60

57.00 Review and analyze August 31, 2016 SESH Committee
Meeting Minutes in preparation for developing discovery
plan.
28.50 Review and analyze September 26, 2016 SESH
Committee Meeting Minutes in preparation for developing
discovery plan.
199.50 Review and analyze Exclusive Healthcare "Out of
Network" Claims Billing Agreement in preparation for
developing discovery plan.
28.50 Review and analyze outline of contract executed by Ms.
Davis, and other executives of interest, on behalf of
SESH in preparation for developing discovery plan.
78.00 Paralegal) Assist with the preparation of motion for partial
summary judgment hearing

399.00

57.00

28.50
171.00
114.00
28.50
28.50
199.50

114.00

28.50

199.50

28.50

78.00

618

1/31/2019 Carmen Boubek

1.20

156.00 (Paralegal) Attend conference regarding discovery issues

156.00

619

1/31/2019 Carmen Boubek

5.10

663.00 (Paralegal) Continue to analyze 10,000 documents
produced by parties

620

1/31/2019 Andrea Marconi

2.80

1,050.00 Review summaries of extensive new file documents
including privileged documents, drafts, emails and other
file materials newly received in case from Schian Walker
and evaluate strategy for review of same along with
further evaluation of strategy for potential database
assistance to review all case documents and assess
other discovery and document review strategies (1.0);
strategy meeting with legal team to prepare and evaluate
strategy for review and analysis of documents produced
and voluminous file materials received from Schian
Walker, upcoming depositions, and discovery efforts
(1.2); draft detailed correspondence to client [redacted
for privilege](.2); further evaluate document review and
discovery strategy, including review proposals for
particular database management systems and draft
detailed correspondence to client regarding same (.4).

621

1/31/2019 Sara Witthoft

3.20

622

1/31/2019 Victoria Dunne

1.00

623

1/31/2019 Victoria Dunne

0.40

624

1/31/2019 Victoria Dunne

3.40

1,040.00 Meeting with Andrea Marconi, Victoria Dunne, and
LR 54.2(e)(2)(A) (minus 0.2)
Carmen Boubek to discuss outstanding issues and
strategy relating to discovery, document review, and
preparation for depositions (1.4); review and analyze text
messages between Joanna Davis and Jeff Webb
disclosed by ARS (.5); review email correspondence with
Doug Lowden regarding [redacted for privilege] (.2);
review and revise draft protective order (1.1).
285.00 Develop document review plan identifying items and
topics of special interest.
114.00 Review and analyze text messages between Ms. Davis
and Mr. Webb to determine whether they tend to support
SESH's threatened fraud claims.
969.00 Review and analyze remaining ten exhibits to Plaintiff's
Statement of Facts in Support of Motion for Partial
Summary Judgment in preparation for developing
discovery strategy.
507.00 (Paralegal) Continue to analyze documents produced by Services related to transition of
parties
representation from SE to TS; "Up to
Speed" Fees (minus 3.9)
75.00 Work on further issues and strategy for document review
and database set up (.2).
1,267.00 Review and analyze ARS's motion for partial summary
judgment, accompanying statement of facts, and exhibits
(3.7); read and consider Kyle Hirsch's email to Brian
Kilmer for purposes of introduction and regarding
depositions to be scheduled (.2).

Services related to transition of
representation from SE to TS; "Up to
Speed" Fees (minus 5.1)
LR 54.2(e)(2)(A) (minus 0.2)

663.00
Overruled
975.00

Sustained

625

2/1/2019 Carmen Boubek

3.90

626

2/1/2019 Andrea Marconi

0.20

627

2/1/2019 Sara Witthoft

3.90

975.00

Sustained
285.00
114.00

969.00

507.00
Overruled
75.00
1267.00

628

2/1/2019 Victoria Dunne

0.70

629

2/1/2019 Victoria Dunne

0.60

630

2/1/2019 Victoria Dunne

0.10

631

2/1/2019 Victoria Dunne

0.10

632

2/1/2019 Victoria Dunne

0.10

633

2/1/2019 Victoria Dunne

0.10

634

2/1/2019 Victoria Dunne

0.10

635

2/1/2019 Victoria Dunne

0.10

636

2/1/2019 Victoria Dunne

0.50

637

2/1/2019 Victoria Dunne

0.10

638

2/1/2019 Victoria Dunne

0.10

639

2/1/2019 Victoria Dunne

0.50

640

2/1/2019 Victoria Dunne

0.60

641

2/1/2019 Victoria Dunne

0.60

642

2/1/2019 Victoria Dunne

0.60

643

2/1/2019 Victoria Dunne

0.70

644

2/1/2019 Victoria Dunne

0.30

199.50 Review and analyze Plaintiff's Responses to Mandatory
Initial Discovery Requests in preparation for engaging in
discovery.
171.00 Review and analyze Plaintiff's First Supplemental
Responses to Mandatory Initial Discovery Requests in
preparation for engaging in discovery.
28.50 Review and analyze Plaintiff's Second Supplemental
Responses to Mandatory Initial Discovery Requests in
preparation for engaging in discovery.
28.50 Review and analyze Plaintiff's Third Supplemental
Responses to Mandatory Initial Discovery Requests in
preparation for engaging in discovery.
28.50 Review and analyze Plaintiff's Disclosure Regarding
Citizenship with attachments in preparation for engaging
in discovery.
28.50 Review and analyze Plaintiff's Fourth Supplemental
Responses to Mandatory Initial Discovery Requests in
preparation for engaging in discovery.
28.50 Review and analyze Plaintiff's Fifth Supplemental
Responses to Mandatory Initial Discovery Requests in
preparation for engaging in discovery.
28.50 Review and analyze SESH's Mandatory Initial Discovery
Responses in preparation for engaging in discovery.

199.50

142.50 Review and analyze Plaintiff's Response to SESH's First
Set of Requests for Production in preparation for
engaging in discovery.
28.50 Review and analyze Plaintiff's First Supplemental
Response to SESH's First Set of Requests for
Production in preparation for engaging in discovery.
28.50 Review and analyze Plaintiff's Second Supplemental
Response to SESH's First Set of Requests for
Production in preparation for engaging in discovery.
142.50 Review and analyze SESH's Response to Plaintiff's First
Set of Requests for Production in preparation for
engaging in discovery.
171.00 Review and analyze SESH's First Amended Response to
SESH's First Set of Requests for Production in
preparation for engaging in discovery.
171.00 Review and analyze SESH's Response to Plaintiff's First
Set of Requests for Admissions in preparation for
engaging in discovery.
171.00 Review and analyze SESH's Response to Plaintiff's NonUniform Interrogatories in preparation for engaging in
discovery.
199.50 Review and analyze SESH's Amended Response to
Plaintiff's First Set of Requests for Admissions in
preparation for engaging in discovery.
85.50 Review and analyze SESH's Response to Plaintiff's
Request for Admissions.

142.50

171.00

28.50

28.50

28.50

28.50

28.50

28.50

28.50

28.50

142.50

171.00

171.00

171.00

199.50

85.50

645

2/1/2019 Victoria Dunne

0.40

646

2/1/2019 Victoria Dunne

0.40

647

2/1/2019 Victoria Dunne

0.40

648

2/1/2019 Victoria Dunne

0.20

649

2/1/2019 Victoria Dunne

0.10

650

2/1/2019 Victoria Dunne

0.10

651

2/1/2019 Victoria Dunne

0.20

652

2/4/2019 Carmen Boubek

7.20

653

2/4/2019 Andrea Marconi

2.10

654

2/4/2019 Sara Witthoft

2.90

114.00 Review and analyze SESH's Amended Response to
Plaintiff's Request for Admissions.
114.00 Review and analyze SESH's Amended Response to
Plaintiff's Request for Production.
114.00 Review and analyze SESH's Response to Plaintiff's
Request for Production.
57.00 Review and analyze SESH's Response to Plaintiff's
Second Set of Non-Uniform Interrogatories in preparation
for engaging in discovery.
28.50 Review and analyze SESH's Responses to Plaintiff's
Second Set of Requests for Production in preparation for
engaging in discovery.
28.50 Review and analyze Davis' Response to Plaintiff's First
Set of Non-Uniform Interrogatories.
57.00 Review and analyze Davis' Response to Plaintiff's
Request for Production.
936.00 (Paralegal) Analyze documents produced by SESH
Services related to transition of
representation from SE to TS; "Up to
Speed" Fees (minus 7.2)
787.50 Evaluate issues and strategy regarding status of review LR 54.2(e)(2)(A) (minus 0.1)
of potentially privileged documents and efforts by Schian
Walk regarding same, marking of privileged documents
and whether any privilege log exists (.2); review and
exchange correspondence with Mr. Kilmer, new Texas
counsel for SESH regarding upcoming depositions and
related issues (.1); evaluate issues and legal
requirements concerning whether pro hac vice admission
in Arizona is required for SESH Texas counsel to take
depositions and briefly evaluate potential objection
strategy (.2); review and revise draft protective order for
use in case and proposal to SESH counsel and evaluate
best way to handle designating voluminous alreadyproduced documents (1.1); brief analysis of new facts
learned from Houston case involving EMG and
allegations that will underlie proposed counterclaims and
cross-claims in case (.4); correspondence to client
regarding [redacted for privilege] (.1).

114.00
114.00
114.00
57.00

28.50

28.50
57.00
936.00
Overruled
750.00

Sustained
942.50 Review email correspondence with Brian Kilmer
regarding depositions to be scheduled and pro hac vice
admission (.2); review and consider email from Cody
Jess regarding status of document review at time of file
transfer (.3); review and analyze Rule 56(d) briefing and
exhibits thereto (1.3); further review protective order and
confer with Andrea Marconi regarding revisions thereto
(.6); meeting with Andrea Marconi regarding review of
exhibits to motion for partial summary judgment and
issues related thereto (.3); email to Kyle Hirsch and Dan
Crane forwarding draft protective order for review and
comment (.2).

942.50

655

2/4/2019 Victoria Dunne

1.40

656

2/4/2019 Victoria Dunne

1.80

657

2/4/2019 Victoria Dunne

1.30

658

2/4/2019 Victoria Dunne

0.50

659

2/4/2019 Victoria Dunne

0.70

660

2/4/2019 Victoria Dunne

0.60

661

2/4/2019 Victoria Dunne

2.30

662

2/4/2019 Victoria Dunne

0.30

663

2/4/2019 Victoria Dunne

1.10

664

2/4/2019 Victoria Dunne

0.90

665

2/5/2019 Carmen Boubek

4.80

666

2/5/2019 Sara Witthoft

0.60

667

2/5/2019 Victoria Dunne

1.60

668

2/5/2019 Victoria Dunne

3.40

399.00 Review and analyze pertinent legal authority regarding
the unauthorized practice of law in preparation for
preparing Admission Requirement for Depositions in
District Court Memorandum.
513.00 Review and analyze pertinent legal authority regarding
admission to the bar in preparation for preparing
Admission Requirement for Depositions in District Court
Memorandum.
370.50 Review and analyze pertinent legal authority regarding
consequences associated with opposing counsel's failure
to comply with admission requirements in preparation for
preparing Admission Requirement for Depositions in
District Court Memorandum.
142.50 Begin preparing Admission Requirement for Depositions
in District Court Memorandum.
199.50 Prepare "Material Facts" section of Admission
Requirement for Depositions in District Court
Memorandum.
171.00 Prepare "Applicable Law" section of Admission
Requirement for Depositions in District Court
Memorandum.
655.50 Prepare "Pro Hac Vice Admission Procedure for District
Court" section of Admission Requirement for Depositions
in District Court Memorandum.
85.50 Prepare "Unauthorized Practice of Law" section of
Admission Requirement for Depositions in District Court
Memorandum.
313.50 Prepare "Deposition-Specific Rules" section of Admission
Requirement for Depositions in District Court
Memorandum.
256.50 Prepare "Non-Recoverable Attorneys' Fees" section of
Admission Requirement for Depositions in District Court
Memorandum.
624.00 (Paralegal) Continue to analyze documents produced by Services related to transition of
defendant
representation from SE to TS; "Up to
Speed" Fees (minus 4.8)
195.00 Review and analyze Victoria Dunne's memorandum
regarding requirement that Brian Kilmer be admitted pro
hac vice to participate in Texas depositions (.3); review
SESH's notice of deposition of ARS's Rule 30(b)(6)
representative and analyze topics listed therein (.2);
review and consider text minute entry order granting
Brian Kilmer's application for admission pro hac vice (.1).
456.00 Review and analyze pertinent legal authority regarding
Texas and Arizona ethical rules in preparation for
preparing Admission Requirement for Depositions in
District Court Memorandum.
969.00 Prepare "Ethical Rules" section of Admission
Requirement for Depositions in District Court
Memorandum.

399.00

513.00

370.50

142.50
199.50

171.00

655.50

85.50

313.50

256.50

624.00
Overruled
195.00

456.00

969.00

669

2/5/2019 Victoria Dunne

0.80

228.00 Prepare "Conclusion" section of Admission Requirement
for Depositions in District Court Memorandum.

228.00

670

2/5/2019 Victoria Dunne

1.20

342.00

671

2/6/2019 Carmen Boubek

1.00

672

2/6/2019 Carmen Boubek

4.10

342.00 Review and revise Admission Requirement for
Depositions in District Court Memorandum.
130.00 (Paralegal) Assist with the preparation of ARS 30(b)96)
deposition and witness prep.
533.00 (Paralegal) Continue to analyze 20,000 pages of
documents produced by SESH

673

2/6/2019 Andrea Marconi

0.30

674

2/6/2019 Sara Witthoft

0.40

675

2/7/2019 Carmen Boubek

1.90

247.00 (Paralegal) Continue to analyze 50,000 pages of
documents produced by parties

676

2/7/2019 Carmen Boubek

1.40

182.00

677

2/7/2019 Andrea Marconi

1.90

182.00 (Paralegal) Attending conference regarding discovery
procedures
712.50 Review filings with court for substitution of counsel and
email to client regarding same (.1); assess strategy and
next steps for upcoming depositions and coordination
with new counsel regarding protective order (.3); attend
training meeting regarding new document database and
evaluate further strategy for document review (1.3);
evaluate nature of documents not received from SESH or
withheld for confidentiality issues and assess
communication to counsel regarding same (.1); draft
case update correspondence to client (.1).

678

2/7/2019 Sara Witthoft

2.30

747.50 Review SESH's ex parte motion for withdrawal and
substitution of counsel (.2); confer with Andrea Marconi
regarding strategy with respect to same, protective order,
and scheduling depositions (.4); participate in training for
document database (1.2); emails to and from Matthew
Kelly regarding protective order and scheduling of
depositions (.2); email to Kyle Hirsch and Dan Crane
regarding motion for withdrawal and follow up regarding
SESH documents not included in Schian Walker's file
(.2); review order granting motion for withdrawal and
substitution of counsel for SESH (.1).

747.50

679

2/7/2019 Victoria Dunne

1.40

399.00 Strategize details and logistics of in depth document
review initiative in preparation for upcoming depositions.

399.00

130.00
Services related to transition of
representation from SE to TS; "Up to
Speed" Fees (minus 4.1)

533.00
Overruled

112.50 Review and exchange correspondence with Mr. Kilmer
regarding upcoming depositions and related issues (.1);
correspondence with client regarding same (.1);
preliminary correspondence with Mr. Webb regarding
deposition scheduling and issues (.1).
130.00 Review and consider email from Brian Kilmer regarding LR 54.2(e)(2)(A) (minus 0.2)
pro hac vice admission and scheduling of depositions
(.2); review and consider emails from Doug Lowden and
Jeff Webb regarding [redacted for privilege] (.2).

112.50

65.00

Sustained
Services related to transition of
representation from SE to TS; "Up to
Speed" Fees (minus 1.9)

247.00
Overruled

712.50

680

2/8/2019 Carmen Boubek

3.10

681

2/8/2019 Victoria Dunne

1.90

682

2/11/2019 Carmen Boubek

0.30

683

2/11/2019 Victoria Dunne

8.90

684

2/12/2019 Sara Witthoft

0.20

685

2/12/2019 Victoria Dunne

7.50

686

2/13/2019 Sara Witthoft

0.40

687

2/13/2019 Victoria Dunne

6.90

688

2/18/2019 Andrea Marconi

0.70

689

2/18/2019 Sara Witthoft

0.80

690

2/19/2019 Carmen Boubek

3.30

403.00 (Paralegal) Continue to analyze documents produced by Services related to transition of
parties
representation from SE to TS; "Up to
Speed" Fees (minus 3.1)
541.50 Review and analyze ARS16001-16,288 in preparation for
engaging in discovery.
39.00 (Paralegal) Analyze privilege documents provided by
Schian Walker
2,536.50 Review and analyze ARS16,289-18,503 in preparation
for engaging in discovery.
65.00 Meeting with Victoria Dunne regarding issues related to
review of disclosed documents
2,137.50 Review and analyze ARS18,504-19,642 in preparation
for engaging in discovery.
130.00 Email to Kyle Hirsch and Dan Crane to follow up
regarding documents disclosed and withheld by SESH
(.2); email to Matthew Kelly and Kevin McCoy to follow
up regarding review of draft protective order (.2).

403.00
Overruled
541.50
39.00
2536.50
65.00
2137.50
130.00

1,966.50 Review and analyze ARS019643-22224 in preparation
for engaging in discovery.
262.50 Review and exchange numerous emails with counsel for
SESH regarding various deposition issues and draft
protective order (.2); evaluate related issues and strategy
for same (.3); assess issues regarding scheduling of
ARS depositions requested by SESH and review and
exchange emails with client and further emails
exchanged with SESH counsel regarding same (.2).

1966.50

260.00 Review email correspondence from Brian Kilmer
regarding scheduling depositions of Joanna Davis and
Devorshia Russell and confer with Andrea Marconi
regarding same (.3); review and consider email
correspondence from Doug Lowden and Jeff Webb
regarding depositions (.3); review and consider email
correspondence with Matt Kelly regarding scheduling
depositions of Drs. Lee or Nagler, and Jeff Webb (.2).
429.00 (Paralegal) Continue to analyze documents produced by
parties for preparation of 30(b)(6) depositions

260.00

262.50

429.00

691

2/19/2019 Andrea Marconi

1.80

675.00 Evaluate further strategy for upcoming depositions of Ms. LR 54.2(e)(2)(A) (minus 0.1)
Davis and Ms. Russell and analyze strategy regarding
timing and other issues for SESH and Dr. Baig
depositions, including assess whether to conduct same
prior to SESH MSJ response or not (.4); telephone call
with Mr. Kelly and S. Witthoft regarding comments to
draft protective order, next steps in case, including
discovery and document production issues, and possible
settlement discussions (.4); further evaluate case
strategy and next steps in light of call (.3); draft detailed
correspondence to Mr. Lowden regarding [redacted for
privilege] (.1); assess nature of ARS documents
reviewed and analyzed thus far in case and evaluate
potential use for same in upcoming depositions, as well
as evaluate redaction issues and confidentiality
concerning patient information and consider further
issues and next steps in document review and analysis
(.6).

692

2/19/2019 Sara Witthoft

1.90

693

2/19/2019 Victoria Dunne

1.40

694

2/19/2019 Victoria Dunne

7.10

695

2/20/2019 Carmen Boubek

6.10

696

2/20/2019 Andrea Marconi

0.40

617.50 Meeting with Andrea Marconi to discuss strategy with
LR 54.2(e)(2)(A) (minus 0.2)
respect to deposition of Dr. Baig and scheduling of
depositions of Joanna Davis, Devorshia Russell, Dr. Lee
or Dr. Nagler, and Rule 30(b)(6) representatives (.3);
telephone calls from (voicemail) and to Matt Kelly
regarding review of protective order and revisions
thereto, scheduling of depositions, and potential
settlement negotiations (.3); review email
correspondence with Doug Lowden regarding [redacted
for privilege] (.2); review and revise draft protective order
and email to Matt Kelly regarding same (.7); meeting with
Andrea Marconi and Victoria Dunne regarding review of
disclosed documents and strategy with respect to review
going forward (.4).
399.00 Review and analyze ARS024534-24728 in preparation
for engaging in discovery.
2,023.50 Review and analyze ARS022224-23134 in preparation
for engaging in discovery.
793.00 (Paralegal) Continue to analyze documents produced by
parties for preparation of 30(b)(6) depositions
150.00 Brief analysis and consideration of potential subpoenas
to SESH's new medical billing providers and related
issues, including strategic timing of same and confer with
Mr. Lowden regarding same (.2); evaluate issues and
strategy after request to re-commence settlement
discussions raised by new SESH counsel and review and
draft communications with client regarding same and
next steps (.2).

637.50

Sustained
552.50

Sustained
399.00
2023.50
793.00
150.00

697

2/20/2019 Sara Witthoft

0.80

698

2/20/2019 Victoria Dunne

3.20

699

2/20/2019 Victoria Dunne

5.90

700

2/21/2019 Carmen Boubek

3.10

701

2/21/2019 Sara Witthoft

2.20

702

2/21/2019 Victoria Dunne

9.20

703

2/22/2019 Andrea Marconi

0.20

704

2/22/2019 Sara Witthoft

0.90

705

2/22/2019 Victoria Dunne

7.40

706

2/25/2019 Andrea Marconi

0.50

707

2/25/2019 Sara Witthoft

0.70

708

2/25/2019 Victoria Dunne

7.10

260.00 Read and consider emails from Doug Lowden regarding LR 54.2(e)(2)(A) (minus 0.6)
[redacted for privilege] (.3); review email correspondence
with Doug Lowden pertaining to[redacted for privilege]
(.3); confer with Victoria Dunne regarding review of Dr.
Baig's deposition transcript in Texas matter and
implications with respect to arguments regarding Davis's
authority (.2).
912.00 Review and analyze transcript of Dr. Baig's May 2017
deposition testimony in the Texas matter, with numerous
exhibits, in preparation for engaging in discovery.

65.00

Sustained
912.00

1,681.50 Review and analyze ARS024534-25198 in preparation
for engaging in discovery.
403.00 (Paralegal) Continue to analyze document produced for
preparation of depositions
715.00 Review and analyze deposition testimony of Mirza Baig in
Texas against against EMG defendants (1.7); email to
Brian Kilmer to follow up on notices of Joanna Davis and
Devorshia Russell depositions (.2); review and analyze
email exchanges between Cody Jess and Evan Schube
relating to affidavits and dismissal of Joanna Davis and
Devorshia Russell (.3).
2,622.00 Review and analyze ARS000587-2298 in preparation for
engaging in discovery.
75.00 Evaluate communication from SESH counsel regarding
Davis and Russell depositions and evaluate related
issues in light of apparent attempt to limit time for same
(.2).
292.50 Review email from Brian Kilmer regarding depositions of
Joanna Davis and Devorshia Russell and short
availability as communicated by their counsel, and
consider strategy and next steps with respect to same.

1681.50

2,109.00 Review and analyze ARS002299-6938 in preparation for
engaging in discovery.
187.50 Evaluate strategy issues regarding settlement posture
with SESH and related communications as well as
upcoming depositions of Ms. Russell and Ms. Davis and
related discovery issues and strategy (.5).
227.50 Telephone calls to and from Matt Kelly to follow up on
protective order, depositions of Joanna Davis and
Devorshia Russell, and potential re-engagement in
settlement negotiations (.4); meeting with Andrea
Marconi regarding strategy with respect to depositions of
Joanna Davis and Devorshia Russell (.3).

2109.00

2,023.50 Review and analyze ARS006939-7668 in preparation for
engaging in discovery.

2023.50

403.00
715.00

2622.00
75.00

292.50

187.50

227.50

709

2/26/2019 Andrea Marconi

2.00

710

2/26/2019 Sara Witthoft

0.90

711

2/26/2019 Victoria Dunne

3.20

712

2/27/2019 Carmen Boubek

2.40

713

2/27/2019 Andrea Marconi

1.00

714

2/27/2019 Sara Witthoft

3.20

715

2/27/2019 Victoria Dunne

7.40

716

2/28/2019 Carmen Boubek

2.10

717

2/28/2019 Andrea Marconi

2.70

750.00 Evaluate communications with Mr. Kelly regarding
LR 54.2(e)(2)(A) (minus 0.5)
amended pleading deadline as well as request for
mediation and analyze strategy for same, including
assess benefits or drawbacks of mediation as opposed to
continuing with informal settlement discussions (.4);
telephone call with client to discuss[redacted for
privilege] (.5); begin to review and analyze in detail
statement of facts in support of motion for partial
summary judgment and voluminous exhibits filed with
same (1.1).
292.50 Meeting with Andrea Marconi to analyze issues and
LR 54.2(e)(2)(A) (minus 0.5)
strategy with respect to communication with Matt Kelly
regarding time constraints on depositions of Davis and
Russell, intentions with respect to amending complaint,
and re-engagement in settlement negotiations and/or
mediation (.4); teleconference with Tyler Grim and Doug
Lowden regarding [redacted for privilege] (.5).

562.50

Sustained
130.00

Sustained
912.00 Review and analyze ARS007669-8004 in preparation for
engaging in discovery.
312.00 (Paralegal) Analyze privilege documents for preparation
of privilege log
375.00 Evaluate strategy issues regarding document review and
analysis, including identifying key documents for
depositions of Ms. Davis and Ms. Russell (.4); further
evaluate strategy for settlement discussions with Mr.
Kelly and timing of same (.1); analyze preliminary
question strategy for Davis and Russell depositions (.5).

912.00

1,040.00 Meeting with Andrea Marconi regarding strategy with
respect to settlement communication with Matt Kelly,
document review, and preparation for depositions of
Joanna Davis and Devorshia Russell (.4); analyze motion
for partial summary judgment and exhibits thereto and
prepare for depositions of Davis and Russell (2.6); work
with Carmen Boubek to conduct searches of documents
produced in anticipation of depositions of Davis and
Russell (.3).
2,109.00 Review and analyze ARS008005-ARS011415 in
preparation for engaging in discovery.
273.00 (Paralegal) Continue to analyze privilege documents for
preparation of log
1,012.50 Continue reviewing and analyzing voluminous exhibits to
statement of facts in support of partial motion for
summary judgment and evaluate same to consider
potential exhibits and topics for questioning of Ms. Davis
and Ms. Russell during deposition (2.2); evaluate new
filings related to Ms. Davis in Texas cases, including
potential admission of facts contrary to positions in
current case and assess strategy related to same for
depositions (.5).

1040.00

312.00
375.00

2109.00
273.00
1012.50

718

2/28/2019 Sara Witthoft

5.60

1,820.00 Review and analyze documents exhibited to motion for
partial summary judgment in preparation for depositions
of Joanna Davis and Devorshia Russell (1.2); review and
analyze documents produced by ARS in preparation for
depositions of Joanna Davis and Devorshia Russell (2.1);
review bankruptcy court dockets for EMG and Joanna
Davis and related adversary proceeding filed by SESH
and analyze recent filings (.9); begin to prepare outline
for deposition of Joanna Davis (1.1); meeting with
Andrea Marconi regarding strategy relating to deposition
of Joanna Davis (.3).

1820.00

719

2/28/2019 Victoria Dunne

7.80

2,223.00 Review and analyze ARS011416-16000 in preparation
for engaging in discovery.
450.00 Evaluate next steps in case in light of no motion to
amend filed by SESH (.3); receive update on
communications with Mr. Kelly today and evaluate
strategy for upcoming depositions and potential
objections to raise on record (.3); evaluate strategy for
continued settlement discussions in light of
communications with Mr. Kelly (.2); review final protective
order and motion for filing (.1); review correspondence to
client with various case updates (.1); assess preliminary
strategy regarding Vadim and Summit subpoenas and
correspond with Mr. Lowden regarding same (.2).

2223.00

1,755.00 Telephone calls to and from Matt Kelly to follow up on
LR 54.2(e)(2)(A) (minus 0.6)
settlement discussion, protective order, and depositions
of Joanna Davis and Devorshia Russell (.4); email to
Brian Kilmer to follow up regarding time constraints on
depositions of Joanna Davis and Devorshia Russell and
deposition subpoenas (.3); confer with Andrea Marconi
regarding communication with Matt Kelly and strategy
with respect to depositions of Joanna Davis and
Devorshia Russell (.3); finalize proposed protective
order, prepare joint motion for entry of same, and email
to Matt Kelly for review and comment (.6); review
bankruptcy filings for Davis and Russell's chapter 7
proceedings and SESH adversary proceeding (.7);
telephone call to Davis and Russell's bankruptcy counsel,
Susan Tran (voicemail) (.2); review and analyze fact
discovery deadlines (.2); emails to and from Doug
Lowden regarding [redacted for privilege] (.6); review
ARS and SESH documents and prepare for depositions
of Joanna Davis and Devorshia Russell (2.1).

1560.00

720

3/1/2019 Andrea Marconi

1.20

721

3/1/2019 Sara Witthoft

5.40

450.00

Sustained

722

3/4/2019 Andrea Marconi

4.20

1,575.00 Evaluate preliminary strategy regarding possible
additional written discovery requests to propound on
SESH prior to upcoming deadline (.2); evaluate strategy
issues regarding potential expert witnesses and rebuttal
testimony that may be needed in advance of upcoming
deadline (.4); analysis of strategy issues regarding
upcoming depositions in light of lack of communication
from SESH counsel or receipt of subpoenas (.2); review
notices of Rule 2004 exams issued in Texas for Davis
and Russell on date of our civil depositions and evaluate
related legal issues and strategy, including how to
preserve objections and response to same (.9);
telephone call with Davis and Russell's bankruptcy
lawyer regarding depositions (.2); review and exchange
detailed numerous correspondence to SESH counsel
regarding depositions, Rule 2004 notices and related
issues (.3); review and exchange further communications
with counsel for SESH and evaluate strategy issues
concerning depositions in light of problems raised
regarding same (.3); evaluate strategy concerning SESH
potential consideration for more time on discovery and
opposition of same (.2); review key communications from
Ms. Davis from ARS documents produced in case (.3);
review and exchange further communications with SESH
counsel regarding depositions and SESH request for
extension of discovery deadlines and ARS objections to
same (.2); review motion for extension filed by SESH and
evaluate argument strategy for response (.6); draft
correspondence to client regarding same (.2); further
assess response strategy including whether to agree to
later depositions if SESH will keep same response date
for pending MSJ (.2).

1575.00

723

3/4/2019 Sara Witthoft

6.30

2,047.50 Analyze deadlines related to written discovery and expert
disclosures and confer with Andrea Marconi regarding
strategy relating thereto (.3); telephone call (voicemail) to
Brian Kilmer to follow up regarding depositions of Joanna
Davis and Devorshia Russell (.2); follow up email to Matt
Kelly regarding joint motion for entry of protective order
(.2); revise and finalize said joint motion (.2); numerous
emails from and to Matt Kelly and Brian Kilmer regarding
Rule 2004 notices filed in Davis and Russell's bankruptcy
cases and regarding SESH's suggestion that deadlines
be extended because of Davis and Russell's time
constraints (1.1); review notices of Rule 2004
examinations filed by Susan Tran, bankruptcy counsel to
Davis and Russell (.2); telephone call to Susan Tran
regarding same (.4); emails from and to Tran regarding
attempt to correct notices to be depositions conducted in
Davis and Russell's bankruptcy cases (.2); emails to and
from Brian Kilmer and Matt Kelly regarding ARS's
objection to motion to extend deadline for completion of
said depositions (.5); review and analyze SESH's motion
to extend said deadlines and review and analyze emails
with respect to timeline related to scheduling said
depositions (.9); confer with Andrea Marconi regarding
strategy with respect to response to said motion (.4);
emails to and from Matt Kelly regarding same and
regarding SESH's intentions with respect to deadline for
response to motion for partial summary judgment (.3);
begin to prepare response to motion to extend deadline
for completion of depositions of Davis and Russell (1.4).

2047.50

724

3/5/2019 Andrea Marconi

2.30

862.50 Evaluate communications with court regarding deadline
to file response today (.1); debrief regarding further
communications with Mr. Kelly this morning and evaluate
next steps and strategy regarding motion to continue,
response, and upcoming depositions in light of same (.4);
draft and exchange further correspondence with client
regarding same and recommendations for next steps (.2);
revise and supplement draft response to motion for
continuance, correspond with client regarding draft,
prepare proposed order and otherwise finalize
documents for filing today (1.6).

862.50

725

3/5/2019 Sara Witthoft

8.30

726

3/5/2019 Victoria Dunne

2.40

727

3/6/2019 Carmen Boubek

1.80

2,697.50 Telephone calls to and from Judge Lanza's chambers
LR 54.2(e)(2)(A) (minus 0.8)
regarding opportunity to file response to SESH's motion
to extend deadline for completion of Davis and Russell
depositions (.3); telephone call from Matt Kelly regarding
said motion, deadline for response to pending motion for
partial summary judgment, and potential to reschedule
said depositions for first week of April if April 12 response
deadline remains in place (.5); follow up email to Matt
Kelly regarding said potential resolution (.2); continue to
prepare response to said motion (3.9); email forwarding
same to Doug Lowden for review and confer with
Lowden regarding same (.2); review and finalize
proposed order denying said motion and finalize exhibits
to said response (.3); prepare for telephonic meeting with
Doug Lowden regarding [redacted for privilege] (.3);
telephonic meeting with Doug Lowden regarding
[redacted for privilege] (.5); prepare for depositions of
Joanna Davis and Devorshia Russell (2.1).

2437.50

Sustained
684.00 Begin reviewing SESH's responses to ARS's discovery
requests in preparation for determining whether
additional requests should be propounded.
234.00 (Paralegal) Assist with the preparation of 30(b)(6)
witness depositions

684.00

234.00

728

3/6/2019 Andrea Marconi

4.20

1,575.00 Review and analyze numerous communications with
SESH counsel regarding depositions of Davis and
Russell and continuing issues with same (.2); evaluate
strategy for next steps and dealing with continued
deposition issues, including how to handle potential last
minute cancellation for depositions and seeking fees and
costs for same (.9); analysis of updated accounting on
contract damages from client (.1); evaluate strategy for
propounding additional discovery to SESH prior to
deadline, including consider prior requests propounded
and issues to focus on going forward (.4); review and
analyze order from court denying SESH request for
extension of time to conduct discovery and evaluate
impact of same on depositions tomorrow (.2); review and
exchange numerous detailed communications with SESH
counsel regarding depositions and objections to their
continued desire to keep depositions noticed in the
bankruptcy case and evaluate related strategy for
objections on record tomorrow (.4); draft and exchange
correspondence with client regarding [redacted for
privilege] (.1); exchange further correspondence with
SESH counsel regarding depositions tomorrow and
related issues and evaluate strategy regarding same,
including whether to allow any continued depositions in
April after court order (.2); evaluate strategy for later
depositions in case and potential expert testimony
needed (1.2); further correspondence with SESH counsel
regarding issues for tomorrow depositions and how to
handle potential objections and issues in the event
depositions run out of time in light of new court ruling
disallowing any extension and evaluate related strategy
issues (.4); draft correspondence to client regarding

LR 54.2(e)(2)(A) (minus 0.2); Time for
ARS has already been compensated
pursuant to Doc. 219 and Response in
Opposition to ARS' Motion for
Attorneys' Fees and Costs at Exhibit
"B" (minus 0.6)

1275.00

Sustained; sustained

729

3/6/2019 Sara Witthoft

730

3/6/2019 Victoria Dunne

12.10

4.30

3,932.50 Confer with Andrea Marconi regarding strategy with
respect to status of depositions of Davis and Russell in
light of SESH's pending motion to extend deadline for
same (.3); telephone call from Matt Kelly regarding same
(.2); emails to and from Matt Kelly regarding same (.3);
review documents and prepare for depositions of Joanna
Davis and Devorshia Russell (1.6); email to Matt Kelly
and Brian Kilmer regarding reservation of right to seek
award against SESH for travel time and travel cost if
depositions are cancelled, and regarding intention to
object on the record to depositions going forward without
proper notices served (.3); travel to Houston for
depositions of Joanna Davis and Devorshia Russell and
during travel review and analyze Judge Lanza's order
denying SESH's motion to extend deadline for same,
review and analyze email correspondence between
Andrea Marconi and Matt Kelly regarding noticing issues,
and review and analyze documents, discovery
responses, pleadings and other filings to prepare for
defense of said depositions (5.8); continue to review
documents, discovery responses, pleadings and other
filings to prepare for defense of said depositions (3.6).

Time for ARS has already been
compensated pursuant to Doc. 219 and
Response in Opposition to ARS' Motion
for Attorneys' Fees and Costs at
Exhibit "B" (minus 9.7)

Sustained
1,225.50 Identify documents material to upcoming depositions
Time for ARS has already been
(1.2); Continue reviewing SESH's responses to ARS's
compensated pursuant to Doc. 219 and
discovery requests in preparation for determining
Response in Opposition to ARS' Motion
whether additional requests should be propounded (.9); for Attorneys' Fees and Costs at
Assess utility and develop plan regarding propoundment Exhibit "B" (minus 9.7)
of additional written discovery and follow-up questions for
use during upcoming depositions considering previously
received discovery responses from SESH (1.6);
Strategize varying approaches at preparing for upcoming
depositions in light of pending dispositive motion and the
Overruled: Exhibit B
Court's refusal to modify discovery deadlines (.5); Review
does not show this
and analyze March 6, 2019 Order denying SESH's
time was already
Motion to Extend Discovery Deadlines (.1).
compensated

780.00

1225.50

731

3/7/2019 Andrea Marconi

732

3/7/2019 Sara Witthoft

733
734

3/7/2019 Victoria Dunne
3/8/2019 Carmen Boubek

4.10

10.10

1.80
0.90

1,537.50 Review and exchange numerous emails with S. Witthoft Time for ARS has already been
and client regarding issues at this morning's depositions compensated pursuant to Doc. 219 and
of Davis and Russell and cancellation of same (.2);
Response in Opposition to ARS' Motion
telephone call with S. Witthoft to discuss same and
for Attorneys' Fees and Costs at
evaluate strategy for next steps, including request for
Exhibit "B" (minus 0.5)
fees and costs for cancelled depositions and potential
later subpoena for witnesses (.5); evaluate further
strategy issues regarding request for fees and costs,
including assess required procedure and meet and
confer letter needed ahead of time (.5); analysis of case
management order and judge's requirements for
attorneys' fee requests and discovery disputes and
evaluate same as it applies to current situation (.2);
conduct legal research and analysis regarding legal
requirements and case law authority in support of
seeking sanctions for failure to conduct deposition or
timely cancel and evaluate nature of sanction that may
be imposed (1.6); evaluate further strategy and
arguments for meet and confer and motion thereafter
(.5); begin to review prior discovery requests to and
responses from SESH and evaluate where follow up
responses are needed as well as additional written
Sustained
discovery (.6).
3,282.50 Continue to prepare for depositions of Joanna Davis and LR 54.2(e)(2)(A) (minus 0.2 - part of
Devorshia Russell (1.1); travel from hotel to Brian
9.7 below); Time for ARS has already
Kilmer's office for depositions of Joanna Davis and
been compensated pursuant to Doc.
Devorshia Russell scheduled for 8:30 a.m. (.4); appear at 219 and Response in Opposition to
Brian Kilmer's firm and confer with Brian Kilmer and
ARS' Motion for Attorneys' Fees and
Susan Tran regarding said depositions and
Costs at Exhibit "B" (minus 9.7); Total
miscommunication between Kilmer and Matt Kelly such minus 9.7
that scheduled depositions are cancelled, and confer with
Kilmer regarding same and regarding case in general
(1.3); teleconference with Doug Lowden and Tyler Grim
regarding [redacted for privilege] (.2); teleconference with
Andrea Marconi regarding cancellation of depositions,
related issues, and strategy with respect to same (.3);
travel from Houston to Phoenix (6.4); meeting with
Andrea Marconi to discuss strategy with respect to
cancellation of depositions of Joanna Davis and
Devorshia Russell and next steps with respect to seeking
sanctions related thereto (.4).
Sustained
513.00 Begin preparing written discovery requests to SESH.
117.00 (Paralegal) Analyze documents produced by SESH for
SEM contracts

1350.00

130.00

513.00
117.00

735

3/8/2019 Andrea Marconi

4.80

1,800.00 Evaluate whether proposed vendor contracts for billing
and SEM contract identified by SESH have been
produced and related issues (.3); continue to review prior
discovery requests to and responses from SESH and
evaluate where follow up responses are needed as well
as additional written discovery ; evaluate issues and
strategy further regarding additional depositions and
discovery to seek prior to discovery deadline, including
review of relevant papers and filings concerning same to
evaluate strategy (.8); evaluate further strategy issues
regarding potential expert testimony needed in support of
claims and damages, including review of pertinent file
papers and pleadings, in preparation for discussion with
client regarding same today (.9); telephone conference
with S. Witthoft and Messrs. Grim and Lowden to discuss
various case strategy issues including expert testimony
and upcoming discovery and depositions (.7); further
evaluate strategy issues regarding same and review and
analyze Dr. Francis motion to quash SESH subpoenas
as well as motion to reconsider and hearing on same
today (.4); evaluate strategy for scheduling of SESH and
Dr. Baig depositions in light of summary judgment
response and other timing considerations (.3); draft
correspondence to SESH counsel regarding scheduling
of same depositions (.1); further evaluate and work on
strategy issues concerning additional discovery to
propound on SESH (.9); continued work on strategy and
considerations for third party subpoenas to actual and
potential billing companies of SESH (.3); correspondence
to SESH counsel regarding deadline for responses to
ARS' third discovery requests (.1).

1800.00

736

3/8/2019 Sara Witthoft

4.90

1,592.50 Meeting with Andrea Marconi regarding written discovery LR 54.2(e)(2)(A) (minus 0.9)
to be propounded prior to March 12 deadline and
regarding issues related to expert witness disclosures
(.7); teleconference with Doug Lowden and Tyler Grim
regarding [redacted for privilege] (.9); review disclosures
and discovery responses and analysis with respect to
outstanding discovery to be propounded (.9); meeting
with Andrea Marconi and Victoria Dunne regarding
written discovery to be propounded (.8); review briefing
on SESH's motion to quash subpoena for documents and
deposition of Dr. Richard Francis and review minute
entry denying same (.7); review and analyze case law
related to sanctions under Rule 30 with respect to
SESH's cancellation of depositions of Joanna Davis and
Devorshia Russell (.9).

1300.00

Sustained

737

3/8/2019 Victoria Dunne

8.50

738

3/9/2019 Andrea Marconi

0.10

739

3/10/2019 Andrea Marconi

2.20

740

3/10/2019 Sara Witthoft

1.50

741

3/11/2019 Carmen Boubek

1.20

742
743

3/11/2019 Carmen Boubek
3/11/2019 Andrea Marconi

2.10
5.60

2,422.50 Evaluate potential need to take special action to ensure
that subpoenas issued to out of state non-parties are in
compliance with the rules (.2); Prepare Fourth Set of NonUniform Interrogatories (2.9); Prepare Fourth Set of
Requests for Production (2.8); Prepare Third Set of
Requests for Admission (2.6).
37.50 Review order from Texas court on motion to reconsider
filed by SESH concerning Dr. Francis motion to quash
and send to client.
825.00 Continue review of prior discovery requests to and
responses from SESH and evaluate where follow up
responses are needed as well as additional written
discovery (.8); revise and supplement drafts of additional
written discovery to SESH (1.4).
487.50 Review and analyze disclosures and discovery
responses served to date and consider same with
respect to written discovery to be propounded (1.5).
156.00 (Paralegal) Prepare multiple subpoenas for records
request
273.00 (Paralegal) Continue to prepare privilege log
2,100.00 Detailed review and analysis of documents and contracts
produced by SESH relating to other billing companies
that SESH considered or actually contracted with for
services, as well as conduct background research on
Texas Medical Summit, Vadim, and Collect Rx in
preparation for drafting subpoenas and document
requests to same (1.8); evaluate strategy for potential
notice to court regarding SESH's responses to ARS's
third discovery requests outstanding and deadline for
same if SESH does not respond (.1); review 2nd RFAs to
SESH and evaluate issues and strategy to obtain
responses to same (.1); draft follow up correspondence
to SESH counsel concerning outstanding discovery
responses and consequences if they are not answered
by deadline (.1); review and analyze cease and desist
letter and responses regarding alleged SESH use of ARS
confidential patient forms (.1); further revise and refine
draft of additional discovery requests to SESH (.6); draft
detailed Exhibit A and requests for documents for
subpoenas to Texas Medical Summit, Vadim, and Collect
Rx (2.3); conduct additional background research on
Texas Medical Summit and Vadim, which may be out of
business, to assess proper addresses, stat agents, and
service issues (.4); follow up correspondence to SESH
counsel regarding outstanding discovery requests and
timeline for responding to same (.1).

2422.50

37.50

825.00

487.50

156.00
273.00
2100.00

744

3/11/2019 Sara Witthoft

6.20

2,015.00 Review and revise 4th set of requests for production of
LR 54.2(e)(2)(A) (minus 0.2)
documents, 4th set of non-uniform interrogatories, and
3rd set of requests for admission (2.6); meeting with
Victoria Dunne regarding said revisions to written
discovery requests (.3); continue to revise said discovery
requests and email forwarding same to Doug Lowden
and Tyler Grim for review (2.0); emails from and to Doug
Lowden regarding [redacted for privilege] (.2); prepare
letter to Matt Kelly and Brian Kilmer demanding payment
for attorney fees and expenses incurred with respect to
cancelled depositions (1.1).

745

3/11/2019 Victoria Dunne

5.60

746
747

3/12/2019 Carmen Boubek
3/12/2019 Andrea Marconi

5.10
1.30

1950.00

1,596.00 Review and revise draft discovery requests to eliminate
potentially problematic components and increase clarity
(2.7); Research various topics relevant to issuance of
contemplated subpoenas including limited partnership
agency, time for compliance, and service requirements
(2.9).
663.00 (Paralegal) Continue to prepare privilege log
487.50 Correspondence with client regarding [redacted for
LR 54.2(e)(2)(A) (minus 0.4)
privilege] (.1); confer with Mr. Lowden regarding
[redacted for privilege] (.1); further work on service
issues regarding billing company subpoenas (.2); prepare
attorney time and fees for March regarding cancelled
Davis and Russell depositions to include in demand letter
to SESH counsel and evaluate further arguments and
strategy for letter and demand (.2); work on strategy
issues for [redacted for privilege] (.2); review and provide
comments to draft notice to file with court regarding
deadline for SESH to respond to outstanding discovery
(.1); review and analyze meet and confer request to
SESH regarding deposition fees and sanctions and
evaluate issues regarding redaction of invoices
summaries for privilege (.3); confer with opposing
counsel regarding new discovery requests from ARS (.1).

Sustained
1596.00

663.00
337.50

Sustained

748

3/12/2019 Sara Witthoft

6.00

1,950.00 Prepare itemized listing of fees and costs incurred with
respect to cancellation of depositions of Joanna Davis
and Devorshia Russell and prepare accompanying letter
to Matt Kelly and Brian Kilmer demanding compensation
therefor pursuant to Fed. R. Civ. P. 30 (4.2); revise and
finalize third set of requests for admission, fourth set of
non-uniform interrogatories, and fourth set of requests for
production of documents (1.2); revise notice of service of
said discovery requests (.2); review email
correspondence from Matt Kelly regarding responses to
previously-served discovery requests (.2); review
memorandum prepared by Victoria Dunne regarding
issues related to service of subpoenas duces tecum on
Vadim, Collect Rx, and Texas Medical Summit (.2).

749

3/12/2019 Victoria Dunne

0.50

750

3/13/2019 Carmen Boubek

0.30

751

3/13/2019 Andrea Marconi

5.10

1950.00

142.50 Identify methods for issuance of valid out of state
subpoenas to numerous entities.
39.00 (Paralegal) Finalize multiple subpoenas for records
request
1,912.50 Evaluate case strategy issues, including upcoming expert LR 54.2(e)(2)(A) (minus 0.3)
witness deadline, follow up on meet and confer regarding
fees request, and review and analysis of SESH
documents and issuance of subpoenas (.5); assess
correspondence from client regarding [redacted for
privilege] (.3); follow up correspondence to SESH
counsel regarding SESH witness depositions (.1); further
evaluate service issues concerning subpoenas to billing
companies and make final edits to same (1.5); review
and analyze CV of potential expert witness and further
assess and evaluate specific areas and topics of
potential expert opinion needed (.4); analysis of various
next steps and strategy in case, including assessing
possible meet and confer on prior deficient discovery
responses from SESH, completing document review of
SESH and Davis documents, research and evaluation
needed regarding experts and disclosure issues prior to
deadline, and preparation for upcoming SESH
depositions (1.7); review communication from, attempted
call, and draft further correspondence with Mr. Kelly to
discuss SESH depositions and settlement issues (.3);
prepare notice of intent to serve subpoenas for filing with
court (.2); briefly assess potential new expert witness for
case, Mr. Levy (.1).

142.50
39.00
1800.00

Sustained

752

3/13/2019 Sara Witthoft

5.00

1,625.00 Email to Doug Lowden and Tyler Grim regarding
LR 54.2(e)(2)(A) (minus 1.0)
[redacted for privilege] (.3); emails from and to Doug
Lowden regarding [redacted for privilege]s (.2); analyze
case status, upcoming deadlines, and consider next
steps (.9); meeting with Andrea Marconi regarding case
status, upcoming deadlines, and next steps (1.3); read
and consider email from Matt Kelly regarding scheduling
Dr. Baig's deposition and SESH's Rule 30(b)(6)
representative, and regarding re-engagement in
mediation/settlement discussions and telephone call
(voicemail) to Kelly regarding same (.4); consider issues
with respect to service of subpoenas duces tecum on
Vadim, Collect Rx, and Texas Summit Medical and
confer with Andrea Marconi regarding same (.5); review
curriculum vitae for Stan Panis with respect to potential
engagement as expert for damages and industry
standards issues, and telephone call (voicemail) to Panis
regarding same (.6); telephone call from Panis regarding
same and follow up email to Doug Lowden regarding
[redacted for privilege] (.5); online research relating to
potential expert recommended by Stan Panis (.3).

753

3/14/2019 Andrea Marconi

1.90

1300.00

712.50 Further evaluate strategy and issues regarding expert
LR 54.2(e)(2)(A) (minus 0.2)
witness on rates, industry standards and damage issues
(.4); evaluate strategy regarding separation of Dr. Baig
and SESH 30(b)(6) depositions and ordering of same as
well as other deposition strategy issues (.2); review and
exchange correspondence with Mr. Lowden [redacted for
privilege] (.2); repeated correspondence with counsel for
SESH regarding upcoming depositions and SESH
agreement to accept service for Dr. Baig (.2); further
assess settlement and mediation strategy issues after
renewed communications from Mr. Kelly regarding same
(.4); telephone call with Mr. Kelly to discuss settlement
and mediation issues (.3); further evaluate response
strategy in light of communication (.2).

Sustained
637.50

Sustained

754

3/14/2019 Sara Witthoft

2.60

845.00 Meeting with Andrea Marconi to discuss strategy with
respect to expert witness retention, subpoenas duces
tecum, and scheduling depositions of Dr. Baig and
SESH's Rule 30(b)(6) representative (.7); several emails
to and from Brian Kilmer and Matt Kelly regarding
scheduling and logistical issues related to depositions of
Dr. Baig and SESH's Rule 30(b)(6) representative (.6);
telephone call (voicemail) to Daniel S. Levy regarding
potential engagement as expert witness (.2); read and
consider email from Matt Kelly proposing mediation with
Bob Hackett prior to April 12 deadline for SESH's
response to motion for partial summary judgment and
consider strategy and other issues related thereto (.5);
telephone call (voicemail) to Matt Kelly (.2); confer with
Andrea Marconi regarding telephone call from Matt Kelly
with respect to mediation proposal (.4).

845.00

755

3/15/2019 Carmen Boubek

0.40

52.00 (Paralegal) Analyze documents from Texas Corporation
Commission regarding stat agent for Vadim

52.00

756
757

3/15/2019 Carmen Boubek
3/15/2019 Andrea Marconi

0.70
1.30

91.00 (Paralegal) Continue to prepare privilege log
487.50 Telephone conference with clients [redacted for
LR 54.2(e)(2)(A) (minus 0.7)
privilege](.7); attention to issues regarding difficulties in
serving Vadim representatives and assess potential next
steps in light of same (.2); attempted call to and draft
detailed correspondence to Mr. Kelly with response to
request for mediation (.2); research alternative service
addresses that could be used for Vadim subpoena (.2).

758

3/15/2019 Sara Witthoft

0.60

759
760

3/18/2019 Carmen Boubek
3/18/2019 Andrea Marconi

2.20
1.70

195.00 Teleconference with Doug Lowden and Tyler Grim
regarding [redacted for privilege]
286.00 (Paralegal) Finalize privilege log
637.50 Evaluate update on service of subpoenas to billing
LR 54.2(e)(2)(A) (minus 0.2)
companies and assess alternative forms of service to
general partner for Vadim (.3), including potential certified
mail and Fed Ex (.2); review and evaluate summary of
communication with potential expert witness and further
analyze strategy and issues regarding scope of expert
testimony needed and potential witnesses for same,
including potential company witnesses whether in fact or
expert capacity (1.0); review and exchange detailed
communications with client [redacted for privilege](.2).

761

3/18/2019 Sara Witthoft

0.80

91.00
225.00

Sustained
195.00
286.00
562.50

Sustained
260.00 Research regarding service of process on terminated
entity and confer with Andrea Marconi regarding same
with respect to service of subpoena duces tecum on
Vadim (.5); consider issues related to noticing
depositions of Dr. Baig and SESH's Rule 30(b)(6)
representative (.3).

260.00

762

3/18/2019 Sara Witthoft

2.50

812.50 Teleconference with Dan Levy regarding potential
LR 54.2(e)(2)(A) (minus 1.4)
engagement as expert witness (.4); prepare
memorandum regarding points discussed (.4); follow up
email to Levy to provide contact information (.1); confer
with Andrea Marconi regarding teleconference with Levy
(.2); confer with Bill Thorpe and Andrea Marconi
regarding[redacted for privilege] (.5); follow up email to
Doug Lowden and Tyler Grim regarding [redacted for
privilege] (.9).
600.00 Telephone call with counsel for Vadim to discuss
subpoena and response to same (.2); follow up
correspondence with Vadim counsel regarding protective
order and other subpoena response issues (.1); conduct
additional research for potential expert witness in case to
discuss industry standards of billing rates and other
issues (.6); review follow up correspondence from Vadim
counsel regarding subpoena and request to narrow and
draft detailed response to same (.3); evaluate strategy for
next steps and filings after no response from SESH on
demand for fees from cancelled depositions (.2); further
assess strategy for non retained expert testimony to
potentially obtain from client, nature of same and
beginning to draft disclosure (.3); review correspondence
to client and SESH counsel regarding no payment made
on fees demand and next steps (.1).

763

3/19/2019 Andrea Marconi

1.60

764

3/19/2019 Sara Witthoft

4.50

1,462.50 Research regarding disclosure requirements for nonretained expert witnesses and regarding admissibility of
non-retained expert testimony with respect to damages
for unjust enrichment claim and regarding industry
standards to counter defendants' argument that contract
rate was unconscionable. (2.9); meeting with Andrea
Marconi to discuss strategy with respect to SESH's
failure to deliver payment for fees and costs incurred with
respect to cancelled depositions, disclosure of nonretained expert witnesses, and next steps (.7); review
case management order regarding process for resolution
of discovery dispute and email to Brian Kilmer and Matt
Kelly regarding same and regarding availability for
personal consultation called for thereunder (.4); email to
Doug Lowden and Tyler Grim regarding same (.2);
review and analyze biographies for potential expert
witnesses Lamar Blount, Neal Freeman, Christina
Melnyykovych, and Patrice Morin-Resch (.3).

765

3/20/2019 Andrea Marconi

0.20

75.00 Evaluate response from SESH counsel to request for
meet and confer after failure to respond to demand for
fees and assess related strategy.

357.50

Sustained
600.00

1462.50

75.00

766

3/20/2019 Sara Witthoft

3.20

767

3/21/2019 Carmen Boubek

1.10

768

3/21/2019 Carmen Boubek

1.10

769

3/21/2019 Andrea Marconi

0.80

1,040.00 Instructions to Carmen Boubek to prepare draft notices of LR 54.2(e)(2)(A) (minus 0.2)
deposition for Dr. Baig and SESH's Rule 30(b)(6)
representative and subpoena to Dr. Baig for appearance
at said deposition (.2); emails from and to Matt Kelly
regarding demand for reimbursement of costs and fees
incurred with respect to cancelled deposition and
personal consultation requirement under case
management order with respect to said discovery dispute
(.2); telephone call (voicemail) to Lamar Blount regarding
potential engagement as expert witness regarding rate
charged and services performed by ARS (.2); telephone
call (message) to Christina Melnykovych regarding
potential engagement as expert witness regarding rate
charged and services performed by ARS (.2); meeting
with Victoria Dunne regarding status of document review
(.2); meeting with Elisabeth Martini regarding case
background and instruction with respect to review of
documents produced by SESH (.5); teleconference with
Daniel Levy regarding potential engagement as expert
witness and follow up email to Doug Lowden and Tyler
Grim regarding same (.3); emails from and to Doug
Lowden regarding [redacted for privilege] (.2); review
case status, upcoming deadlines, and analyze strategy
with respect to next steps (.9); review and consider
telephone message and follow-up email from Christina
Melnykovych regarding potential engagement as expert
witness (.3).

975.00

Sustained
143.00 (Paralegal) Assist with the preparation of Dr. Baig
deposition
143.00 (Paralegal) Assist with the preparation of SESH 30(b)(6)
deposition
300.00 Review and provide comments to draft amended notice
of Rule 30(b)(6) deposition for SESH and accompanying
documents and evaluate further strategy issues for
deposition (.5); review summary of communications with
additional potential billing expert and evaluate related
strategy issues and potential retention of same as
consulting expert (.3).

143.00
143.00
300.00

770

3/21/2019 Sara Witthoft

2.60

845.00 Teleconference with Christina Melnykovach regarding
potential engagement as testifying or consulting expert
with respect to reasonableness of rate and value of
services provided with respect to unjust enrichment claim
(.6); review follow up email correspondence from
Melnykovych and exhibits thereto, and prepare
memorandum regarding same (.6); confer with Andrea
Marconi regarding communication with Melnykovych and
potential engagement as consultant (.2); work with Joan
Peralta with respect to service of subpoena duces tecum
on Collect Rx (.3); telephone calls from and to Lamar
Blount (voicemails) (.2); confer with Andrea Marconi and
revise notices of deposition of Dr. Baig and SESH's Rule
30(b)(6) representative (.7).

845.00

771

3/21/2019 Elisabeth Martini

1.20

342.00

772

3/21/2019 Elisabeth Martini

3.40

773

3/22/2019 Andrea Marconi

0.50

342.00 Review affirmative Motion for Summary Judgment in
preparation to review documents produced by SESH
969.00 Review documents produced by SESH; identify relevant
documents for depositions of M. Baig and SESH 30(b)(6)
(approx. 250 pages)
187.50 [redacted for privilege] (.2); analyze summary of
LR 54.2(e)(2)(A) (minus 0.2)
communications with Mr. Blount, potential expert and
assess potential of same as well as evaluate further
issues and strategy regarding working with client to
identify either Mr. Webb or Mr. Maldonado as a
nonretained expert and assess related disclosure needed
(.3).

969.00

112.50

Sustained

774

3/22/2019 Sara Witthoft

2.90

942.50 Teleconference with Lamar Blount regarding potential
LR 54.2(e)(2)(A) (minus 1.0)
engagement as consulting or testifying witness with
respect to reasonableness of contract rate and value of
services provided for unjust enrichment claim (.3); follow
up email to Blount forwarding contact information (.1);
telephone call from Matt Kelly regarding question with
respect to amounts owed on invoices and intent to
communicate settlement offer (.2); follow up email to
Doug Lowden and Tyler Grim regarding [redacted for
privilege] (.2); emails from and to Doug Lowden
regarding same (.2); email to Matt Kelly regarding
amounts owed on invoices (.2); work with Joan Peralta to
prepare acceptance of service for Matt Kelly with regard
to subpoena for Dr. Baig's appearance at deposition (.2);
teleconference with Doug Lowden and Tyler Grim
regarding [redacted for privilege] (.2); email to Matt Kelly
forwarding subpoena for Dr. Baig's appearance at
deposition and acceptance of service form (.1); email
from Matt Kelly forwarding executed acceptance of
service and work with Joan Peralta to file same (.2);
emails from and to Doug Lowden regarding [redacted for
privilege] (.2); email forwarding same to Matt Kelly for
settlement discussion purposes (.2); email to Doug
Lowden [redacted for privilege](.2); confer with Andrea
Marconi regarding teleconference with Lamar Blount (.2);
email to Matt Kelly to follow up regarding personal
consultation to discuss demand for fees and costs
related to late cancelled depositions (.2).

775

3/25/2019 Carmen Boubek

0.90

776

3/25/2019 Andrea Marconi

0.60

117.00 (Paralegal) Continue to prepare document tracking chart
of all produced materials from parties
225.00 Review affidavits of service for subpoenas and arrange
for filing of same (.1); evaluate further issues and
strategy for disclosure of nonretained expert testimony
(.2); analyze correspondence with Mr. Kelly regarding
meet and confer on demand for fees from cancelled
depositions and evaluate next steps if no meet and
confer occurs (.1); evaluate strategy for proceeding in
light of plaintiff's failure to respond to second and third
sets of discovery by agreed upon deadline (.2).

617.50

Sustained
117.00
225.00

777

3/25/2019 Sara Witthoft

3.40

778

3/25/2019 Elisabeth Martini

3.20

779

3/26/2019 Carmen Boubek

5.30

780

3/26/2019 Andrea Marconi

0.80

1,105.00 Emails from and to Doug Lowden and Jeff Webb
LR 54.2(e)(2)(A) (minus 1.7)
regarding [redacted for privilege] (.2); email to Matt Kelly
to follow up on personal consultation with respect to
discovery dispute pertaining to demand for ARS's fees
and costs incurred with respect to cancelled depositions
(.2); review prior correspondence with Matt Kelly
regarding responses to written discovery served prior to
stay, and confer with Andrea Marconi regarding SESH's
failure to timely respond by March 22, 2019 as agreed
(.3); email to Matt Kelly to follow up regarding said failure
to respond to written discovery and regarding agreement
to extend deadline for same to March 29, 2019 (.3); email
from Matt Kelly proposing tabling of dispute related to
demand for fees and costs incurred with respect to late
cancelled depositions (.2); prepare for and participate in
telephone call with Doug Lowden and Jeff Webb
regarding[redacted for privilege] (1.0); teleconference
with Doug Lowden and Tyler Grim regarding [redacted
for privilege](.5); read and consider email from Matt Kelly
refusing to participate in personal consultation with
respect to discovery dispute and consider strategy and
next steps with respect thereto (.7).

552.50

Sustained
912.00 Continue review of documents produced by SESH in
order to identify relevant documents/exhibits for
depositions of M. Baig and SESH 30(b)(6) (approx. 240
pages)
689.00 (Paralegal) Continue to prepare tracking chart of all
documents produced by parties
300.00 Review and provide comments to draft of ARS sections
for joint position statement regarding demand for
attorneys' fees upon cancelled depositions and evaluate
email correspondence with client regarding same as well
as evaluate related strategy for arguments and
proceeding with next steps in dispute (.5); evaluate
summary of potential nonretained expert testimony from
Mr. Webb and assess issues and strategy regarding
same (.3).

912.00

689.00
300.00

781

3/26/2019 Sara Witthoft

3.00

975.00 Emails from and to Tyler Grim and Doug Lowden
LR 54.2(e)(2)(A) (minus 0.5)
regarding [redacted for privilege] (.3); prepare Joint
Written Summary of Discovery Dispute to be filed with
respect to SESH's refusal to pay fees and expenses
incurred with respect to late-cancelled depositions (1.5);
confer with Andrea Marconi with respect to strategy
related thereto and regarding teleconference with Jeff
Webb regarding anticipated testimony (.5); emails to and
from Matt Kelly regarding brief written summary of
discovery dispute, deadline for providing SESH's
explanation of its position, and filing of same of March 29
(.2); email to Doug Lowden and Tyler Grim [redacted for
privilege] (.2); email to and from Doug Lowden Grim
regarding discussion with Greg Maldonado in advance of
March 29 expert witness disclosure deadline (.3).

782

3/27/2019 Andrea Marconi

5.20

812.50

1,950.00 Further evaluate potential non retained expert testimony LR 54.2(e)(2)(A) (minus 0.2)
that Mr. Webb could offer and compare to possible
testimony to request from Mr. Maldonado in preparation
for call with Mr. Maldonado today (.2); telephone call with
Mr. Maldonado, Messrs. Grim and Lowden, and S.
Witthoft to discuss potential nonretained expert testimony
from same (.6); follow up discussion with Messrs. Grim
and Lowden regarding [redacted for privilege] (.1);
prepare strategy for nonretained expert disclosure
document (.2); evaluate update from Vadim counsel
regarding subpoena response and short extension
granted (.1); review and analyze correspondence from
SESH with settlement offer and evaluate strategy and
recommendations to client regarding same (.6); draft
correspondence to client with settlement offer (.1);
conduct legal research and further analysis of rules and
applicable standards and requirements for nonretained
expert witness disclosures, including when same is a
hybrid fact witness and employee as well (1.1); telephone
call with client and S. Witthoft to discuss SESH
settlement offer and strategy for response to same (.5);
evaluate issues regarding ARS disclosure of back up
information for invoices to support damages and assess
additional documents and information needed from client
as well as further analysis of additional discovery issues
and trial testimony needed on damages (.4); draft
correspondence to client regarding [redacted for
privilege](.1); begin drafting nonretained expert
disclosure for Mr. Maldonado and supplement factual
disclosure of expected testimony (1.2).

Sustained
1875.00

Sustained

783

3/27/2019 Sara Witthoft

3.70

784

3/28/2019 Carmen Boubek

5.30

785

3/28/2019 Carmen Boubek

0.70

1,202.50 Prepare for and participate in teleconference with Doug
Lowden, Tyler Grim, Greg Maldonado, and Andrea
Marconi regarding non-retained expert witness testimony
and issues related thereto (1.2); teleconference with
Doug Lowden, Tyler Grim, and Andrea Marconi regarding
case status and issues relating to non-retained expert
witness disclosure deadline (.3); telephone calls from and
to Forrest Cohrs regarding continuance of deadline for
response to subpoena duces tecum served upon Vadim
and follow up emails confirming said extension (.4) read
and consider correspondence from Matt Kelly proposing
settlement offer and confer with Andrea Marconi
regarding same and issues related thereto (.8);
teleconference with Doug Lowden, Tyler Grim, and
Andrea Marconi regarding SESH's settlement offer and
issues related thereto (.5); meeting with Andrea Marconi
regarding settlement offer and possible counteroffer
thereto, and issues related to damages disclosures (.3);
review correspondence to and from Doug Lowden and
Tyler Grim regarding disclosures for damages (.2).

689.00 (Paralegal) Continue to prepare tracking chart of
documents produced by parties
91.00 (Paralegal) Analyze ARS invoices to assist with the
preparation of supplemental disclosure

1202.50

689.00
91.00

786

3/28/2019 Andrea Marconi

6.50

2,437.50 Continue drafting and supplement expert witness
LR 54.2(e)(2)(A) (minus 0.8)
disclosure and supplementation of fact witness disclosure
for Mr. Maldonado (.9); draft notice of service of
disclosure for court (.1); prepare supplemental MIDP
disclosure with additional information and testimony for
Mr. Maldonado and Mr. Webb and update and
supplement other required damages and other case
information, including additional facts and legal theories,
including to support Count 5 and additional damages
claimed (2.9); evaluate further strategy issues regarding
nonretained expert disclosure and supplementing MIDP
disclosures in case (.3); assess and further consider
potential options for settlement counter-offer (.2); further
review documents produced in case supporting damages
and invoices and evaluate additional information needed
in light of missing documents from SESH and Shian
Walker files (.5); further address issues regarding
missing documents from SESH production and confer
with counsel regarding same (.3); draft correspondence
to client[redacted for privilege] (.1); brief review of file of
documents that Schian Walker marked as privileged and
ascertain issues regarding same, including documents
that need to be disclosed and relevant and non-privileged
from this group (.3); confer with client regarding [redacted
for privilege] (.1); evaluate meet and confer with Mr.
McCoy regarding demand for attorneys' fees from
deposition and issues related to same as well as
settlement offer, and assess strategy for
recommendations to client (.2); telephone conference
with clients to discuss[redacted for privilege](.6).

2137.50

Sustained

787

3/28/2019 Sara Witthoft

4.10

788

3/29/2019 Carmen Boubek

1.80

789

3/29/2019 Andrea Marconi

1.90

1,332.50 Confer with Andrea Marconi regarding strategy with
LR 54.2(e)(2)(A) (minus 2.0)
respect to disclosure of Greg Maldonado's testimony as
non-retained expert witness, and regarding SESH's
settlement offer (.4); emails from and to Doug Lowden
regarding [redacted for privilege] (.4); review and revise
draft disclosure of expert witness testimony pursuant to
Fed. R. Civ. P. 26(a)(2)(C) (.4); telephone call from Kevin
McCoy for participation in requisite personal consultation
regarding discovery dispute pertaining to fees and
expenses incurred with respect to late-cancelled
depositions and settlement offer (.3); confer with Andrea
Marconi regarding SESH's positions with respect to
discovery dispute and request for agreement to hold off
on filing written summary of discovery dispute in light of
settlement offer and strategy regarding same (.3); email
to Doug Lowden and Tyler Grim regarding [redacted for
privilege] (.7); teleconference with Doug Lowden and
Tyler Grim regarding [redacted for privilege] (.9);
telephone call (voicemail) to Kevin McCoy to follow up on
personal consultation with respect to discovery dispute
and request for agreement to hold off on filing same (.2);
review and revise sixth supplement to MIDP response
(.5).

682.50

Sustained
234.00 (Paralegal) Continue to prepare tracking chart of
documents produced by parties
712.50 Further evaluate strategy regarding demand for fees from
cancelled depositions and timing of filing regarding same
(.2); telephone conference with client and S. Witthoft to
confirm and discuss settlement counteroffer and related
correspondence, disclosures to serve today, and fee
demand strategy (.4); further evaluate issues and
strategy for fee demand filing and draft correspondence
to Mr. Kelly and Mr. McCoy regarding same (.2); revise
expert disclosure and supplemental MIDP disclosure to
include client comments and make final edits to same
along with notices of filing for service and filing today (.5);
review SESH's response to 2nd RFAs served today (.1);
incorporate new admissions into supplemental disclosure
(.1); review response communication from Mr. McCoy
regarding attorneys' fee demand and evaluate next steps
for filing in light of same (.2); review and provide
comments to revised draft of joint written summary of
discovery dispute concerning fee demand (.2).

234.00
712.50

790

3/29/2019 Sara Witthoft

4.90

1,592.50 Email to Doug Lowden and Tyler Grim regarding
LR 54.2(e)(2)(A) (minus 1.5)
[redacted for privilege] (.2); review email from Matt Kelly
regarding SESH's responses to second set of requests
for admission (.2); review SESH's responses to second
set of requests for admission and review revised sixth
supplement to MIDP in light thereof and confer with
Andrea Marconi regarding same (.4); teleconference with
Doug Lowden and Tyler Grim [redacted for privilege] (.3);
email to SESH's counsel regarding same (.5); review
emails from Doug Lowden regarding[redacted for
privilege] (.3); review email from Kevin McCoy regarding
response to request to hold off on filing written summary
of discovery dispute and forwarding SESH's position (.3);
revise and finalize written summary of discovery dispute
(1.5); and emails from and to Doug Lowden and Tyler
Grim regarding [redacted for privilege] (.2); emails from
and to Matthew Kelly regarding final written summary of
discovery dispute and authority to sign and file same (.2);
begin to prepare letter rejecting SESH's settlement offer
and proposing counteroffer of settlement (.8).

1105.00

Sustained
791

4/1/2019 Carmen Boubek

2.30

299.00 (Paralegal) Prepare tagged hot docs for attorney analysis

299.00

792

4/1/2019 Carmen Boubek

0.50

65.00

793

4/1/2019 Andrea Marconi

0.70

65.00 (Paralegal) Continue to prepare tracking chart of all
documents produced by parties
262.50 Address issues concerning Collect Rx subpoena
response after contact made by company (.2); evaluate
change to settlement counter made by client and further
assess strategy for correspondence conveying same (.2);
review court order setting hearing on attorneys' fee
demand concerning depositions (.1); review and provide
comments to draft letter with settlement counteroffer (.2).

794

4/1/2019 Sara Witthoft

2.40

780.00 Prepare letter to SESH's counsel rejecting settlement
LR 54.2(e)(2)(A) (minus 0.4)
offer and proposing counteroffer of settlement as well as
issues of which SESH should be aware in considering
same (1.8); email to Tyler Grim and Doug Lowden
[redacted for privilege] (.2); review minute entry order
setting telephonic hearing on discovery dispute and email
to Tyler Grim and Doug Lowden regarding [redacted for
privilege] (.2); confer with Andrea Marconi regarding
strategy related to said hearing (.2).

795

4/2/2019 Carmen Boubek

4.50

796

4/2/2019 Carmen Boubek

0.20

585.00 Paralegal) Continue to prepare documents produced
tracking chart
26.00 (Paralegal) Prepare documents for production with
plaintiff's 6th supplemental disclosure

262.50

650.00

Sustained
585.00
26.00

797

4/2/2019 Andrea Marconi

0.70

798

4/2/2019 Sara Witthoft

2.20

799

4/3/2019 Carmen Boubek

4.30

800

4/3/2019 Andrea Marconi

1.30

801

4/3/2019 Sara Witthoft

802

4/4/2019 Carmen Boubek

262.50 Review and evaluate revised version of settlement
counteroffer letter and communications with client
regarding same (.2); brief review and analysis of
documents produced by Collect Rx and provide thoughts
on same to client (.5).
715.00 Confer with Andrea Marconi regarding revisions to draft LR 54.2(e)(2)(A) (minus 0.6)
letter rejecting SESH's settlement offer and proposing
counteroffer and email to Doug Lowden and Tyler Grim
regarding [redacted for privilege] (.3); emails from and to
Doug Lowden regarding[redacted for privilege](.3);
finalize and transmit said letter to Matthew Kelly and
Kevin McCoy (.5); review and analyze documents
produced by Collect Rx in response to subpoena duces
tecum and email to Doug Lowden and Tyler Grim
regarding initial thoughts with respect to same (1.1).

262.50

520.00

Sustained
559.00 (Paralegal) Continue to prepare tracking chart of all
documents produced by parties
487.50 Assess further and refine strategy for today's argument
on attorneys' fee issue (.3); attend telephonic hearing on
attorneys' fee request (.3); call with client to discuss
same and ruling (.1); call with Mr. Kelly to discuss same
and upcoming settlement conference call (.2); evaluate
related strategy for same (.2); correspondence to client
regarding today's order and upcoming settlement
conference call requested by SESH (.1); review and
exchange communications with Mr. Kelly regarding
upcoming settlement conference discussion (.1).

559.00

2.10

682.50 Review and consider email from Doug Lowden
LR 54.2(e)(2)(A) (minus 0.6)
regarding[redacted for privilege] (.2); prepare for
telephonic hearing on discovery dispute (.8); participate
in telephonic hearing on discovery dispute (.3); follow up
telephone call to Doug Lowden regarding[redacted for
privilege](.2); telephone call from Matt Kelly regarding
request that counsel participate in teleconference with
Terry Fokas to discuss ARS's counteroffer of settlement
(.2); review minute entry order awarding sanctions and
review email from Doug Lowden [redacted for privilege]
(.2); emails from and to Matt Kelly confirming
teleconference with Terry Fokas scheduled for April 8
(.2).

487.50

3.50

455.00 (Paralegal) Continue to prepare tracking chart of all
documents produced by parties

487.50

Sustained
455.00

803

4/4/2019 Andrea Marconi

0.90

804

4/4/2019 Sara Witthoft

0.40

805

4/5/2019 Carmen Boubek

2.70

806

4/5/2019 Andrea Marconi

0.30

807

4/5/2019 Sara Witthoft

0.30

808

4/5/2019 Victoria Dunne

0.30

809

4/7/2019 Andrea Marconi

0.20

810

4/7/2019 Sara Witthoft

0.20

811

4/8/2019 Brad Shwer

0.50

812

4/8/2019 Carmen Boubek

1.90

337.50 Confer with client regarding [redacted for privilege] (.1); LR 54.2(e)(2)(A) (minus 0.3)
evaluate disclosure and production methods for
additional claim files and confer with Mr. Lowden
regarding [redacted for privilege] (.2); evaluate further
strategy for upcoming discussion with Mr. Fokas on
settlement (.2); assess strategy for next steps in case,
including following up on subpoenas and outstanding
discovery responses from SESH as well as final
disclosure and discovery deadline (.2); telephone call
with counsel for Vadim regarding subpoena response
issues (.2).
130.00 Review correspondence with Doug Lowden
LR 54.2(e)(2)(A) (minus 0.2)
regarding[redacted for privilege] (.2); email to Matt Kelly
and Kevin McCoy regarding payment of sanctions
ordered (.2).
351.00 (Paralegal) Continue to analyze documents produced by
parties for preparation of track chart
112.50 Evaluate next steps in case to conclude discovery before
deadline and assess related strategy issues, including
subpoena follow up and outstanding discovery from
SESH, as well as final disclosures (.6).
97.50 Meeting with Andrea Marconi and Victoria Dunne
regarding strategy with respect to follow up on Texas
Medical Summit's noncompliance with subpoena duces
tecum, follow up with Collect Rx regarding its response to
subpoena duces tecum, and follow up with SESH
regarding deficient discovery responses and failure to
timely respond to third set of requests for production of
documents and third set of non-uniform interrogatories
(.4).
85.50 Strategize desired course of action to address
inadequate discovery responses by SESH and two
associated non-parties that were recently subpoenaed.
75.00 Work further on evaluating discovery strategy for
remainder of discovery period.
65.00 Email to Matt Kelly to follow up on responses to third set
of requests for production and third set of non-uniform
interrogatories.
187.50 Assess numerous issues related to summary judgment,
settlement, and attorneys' fees motion
247.00 (Paralegal) Continue to prepare tracking chart of all
documents produced

225.00

Sustained
65.00

Sustained
351.00
112.50

97.50

85.50

75.00
65.00

187.50
247.00

813

4/8/2019 Andrea Marconi

1.30

487.50 Prepare for and conduct telephone conference with
LR 54.2(e)(2)(A) (minus 0.2)
SESH counsel Mr. Fokas, Mr. Kelly, and Mr. McCoy, and
S. Witthoft to discuss ARS counteroffer and related
settlement issues (.3); evaluate next steps and strategy
for providing recommendations to client after same (.3);
telephone call with Mr. Lowden regarding [redacted for
privilege] (.2); draft correspondence to Mr. Fokas with
follow up settlement items (.1); draft written summary of
SESH counteroffer for client, including initial
recommendations for response (.1); review and evaluate
request from client[redacted for privilege] (.3).

814

4/8/2019 Sara Witthoft

1.00

325.00 Teleconference with Andrea Marconi, Kevin McCoy, Matt LR 54.2(e)(2)(A) (minus 0.5)
Kelly, and Terry Fokas regarding SESH's rejection of
counteroffer and proposal of further counteroffer of
settlement (.3); follow up telephone call to Doug Lowden
regarding [redacted for privilege] (.2); review email from
Doug Lowden regarding [redacted for privilege](.3);
review and consider email from Terry Fokas regarding
counteroffer of settlement and information relating to
SESH's refinance of hospital equipment (.2).

815

4/8/2019 Elisabeth Martini

2.40

816

4/9/2019 Andrea Marconi

0.90

817

4/9/2019 Sara Witthoft

2.80

412.50

684.00 Continue reviewing documents produced by SESH in
order to identify documents for deposition of SESH
30(b)(6) (approx. 500 pages)
337.50 Review and evaluate written settlement counteroffer and
communication from Mr. Fokas (.1); review and
exchange numerous emails with client regarding
settlement counter and strategy for responding to same
(.2); review draft letters to SESH with response and
provide comments to same (.2); evaluate next steps in
case and strategy in light of client decision to withdraw
prior settlement offer with no counter (.3); follow up on
efforts to push back on subpoena responses from Collect
Rx and Summit (.1).
910.00 Review and consider email from Doug Lowden regarding LR 54.2(e)(2)(A) (minus 1.5)
[redacted for privilege] (.3); confer with Andrea Marconi
regarding same (.2); teleconference with Doug Lowden
regarding [redacted for privilege] (.3); prepare draft letter
to SESH rejecting counteroffer of settlement proposed
April 8, 2019 and email forwarding same to Doug Lowden
for review (.7); emails from and to Doug regarding
[redacted for privilege] (.7); meeting with Elisabeth
Martini regarding review of documents produced by
SESH and regarding strategy with respect to preparation
for depositions of SESH's 30(b)(6) representative and Dr.
Baig (.4); confer with Andrea Marconi regarding
communications with Doug Lowden and letter to SESH's
counsel rejecting counteroffer of settlement (.2).

Sustained
162.50

Sustained
684.00

337.50

422.50

Sustained

818

4/9/2019 Victoria Dunne

1.20

819

4/9/2019 Elisabeth Martini

0.40

820

4/9/2019 Elisabeth Martini

3.80

821

4/10/2019 Andrea Marconi

0.70

822

4/10/2019 Sara Witthoft

0.70

823

4/10/2019 Victoria Dunne

4.90

824

4/10/2019 Elisabeth Martini

3.50

825

4/11/2019 Andrea Marconi

0.80

826

4/11/2019 Sara Witthoft

1.10

827

4/11/2019 Elisabeth Martini

3.40

342.00 Review and analyze documents produced by Collect RX
as well as relevant affidavits of service and entityrepresentative information in preparation for preparing
followup correspondences to Collect RX and Texas
Medical Summit regarding subpoena responses.
114.00 Meet with S. Witthoft re: discuss status of document
review in preparation for deposition of SESH 30(b)(6)
and Dr. Baig
1,083.00 Continue review of documents produced by SESH in
order to identify possible exhibits for deposition of Dr.
Baig and SESH 30(b)(6) (approx. 700 pages)
262.50 Further evaluate next steps in case and related strategy
after settlement exchanges yesterday, including expected
reply in support of summary judgment and finalizing all
discovery.
227.50 Confer with Andrea Marconi regarding strategy with
respect to next steps in litigation.
1,396.50 Prepare followup correspondence to Collect RX
regarding subpoena responses (1.4); Prepare followup
correspondence to Texas Medical Summit regarding
subpoena responses (.7); Evaluate SESH's discovery
responses for deficiencies to determine whether followup
is warranted (2.8).
997.50 Continue review of documents produced by SESH in
order to identify potential exhibits for SESH 30(b)(6)
deposition (approx. 700 pages)
300.00 Telephone call with Mr. McCoy to discuss settlement
issues (.2); further evaluate issues regarding potential
settlement (.2); additional telephone call with Mr. McCoy
and thereafter evaluate related strategy (.4).
357.50 Teleconference with Andrea Marconi regarding strategy
with respect to pending deadlines for SESH's discovery
responses, response to motion for summary judgment,
and preparation for depositions of Dr. Baig and SESH's
Rule 30(b)(6) representative (.3); review and consider
memorandum prepared by Victoria Dunne regarding
review of SESH's discovery responses to date for
deficiencies (.3); review and consider email from Doug
Lowden regarding ability to subpoena financial records
relating to SESH's refinancing of equipment line of credit
and confer with Andrea Marconi regarding same (.5).
969.00 Continue review of documents produced by SESH in
order to identify potential exhibits for SESH 30(b)(6)
deposition (approx. 700 pages)

342.00

114.00

1083.00

262.50

227.50
1396.50

997.50

300.00

357.50

969.00

828

4/12/2019 Sara Witthoft

3.50

1,137.50 Review case management order with respect to
impending deadlines and analyze strategy with respect to
same (.5); confer with Andrea Marconi regarding strategy
with respect to deadline for participation in good faith
settlement talks (.3); review documents and prepare for
deposition of Dr. Baig (1.6); read and analyze SESH's
response to motion for partial summary judgment (1.1).

829

4/13/2019 Andrea Marconi

1.30

830

4/14/2019 Sara Witthoft

2.30

831

4/15/2019 Carmen Boubek

1.30

832

4/15/2019 Carmen Boubek

1.10

833

4/15/2019 Andrea Marconi

3.70

1137.50

487.50 Preliminary review and analysis of SESH's response in
opposition to ARS's motion for partial summary judgment
and send to client with thoughts on same, as well as
upcoming case deadline to have good faith settlement
talks and related issues (.9); review and revise draft
follow up letters to Collect Rx and Texas Medical Summit
regarding subpoena responses (.4).
747.50 Review SESH's disclosures and discovery responses
and prepare for deposition of Dr. Baig.
169.00 (Paralegal) Prepare documents for production with ARS
6th supplemental disclosure
143.00 (Paralegal) Continue to prepare tracking chart of all
documents produced by parties
1,387.50 Conduct further detailed review and analysis of SESH
LR 54.2(e)(2)(A) (minus 0.4)
response to motion for partial summary judgment and
evaluate preliminary reply arguments (1.4); further
evaluate reply strategy and arguments, including confer
with S. Witthoft regarding same (.6); telephone call with
Mr. McCoy regarding additional settlement and loan
information for SESH (.3); review and exchange detailed
emails with Mr. Lowden regarding [redacted for privilege]
(.3); evaluate legal research needed for reply brief (.2);
evaluate particularly testimony to elicit from Dr. Baig
during deposition in light of summary judgment response
and assess how to try and work testimony into reply in
light of judge's order on no evidence in replies (.3);
review documents produced by Vadim, LP in response to
subpoena (.3); draft correspondence to client regarding
[redacted for privilege] (.1); review and evaluate whether
there are any grounds for meet and confer with SESH
regarding prior discovery responses before discovery
deadline (.2).

487.50

747.50
169.00
143.00
1237.50

Sustained

10.10

3,282.50 Review and consider documents produced by Vadim
pursuant to subpoena duces tecum (.3); work with
Victoria Dunne regarding letters to Texas Medical
Summit and Collect RX with respect to responses to
subpoenas duces tecum (.3); review and further analyze
SESH's response to motion for partial summary judgment
(3.6); prepare for deposition of Dr. Baig (.5);
teleconference with Andrea Marconi regarding analysis of
SESH's response to motion for partial summary judgment
and communications with Kevin McCoy regarding
SESH's refinancing of equipment line of credit (.5);
meeting with Victoria Dunne regarding research needed
for reply in support of motion for partial summary
judgment (.3); confer with Andrea Marconi regarding
bankruptcy considerations with respect to SESH's
willingness to continue to discuss settlement (.5); confer
with Victoria Dunne regarding final supplemental
disclosures (.2); begin to prepare reply in support of
motion for partial summary judgment (3.9).

3282.50

4/15/2019 Victoria Dunne

9.00

2565.00

836

4/16/2019 Carmen Boubek

1.70

837

4/16/2019 Andrea Marconi

0.50

2,565.00 Finalize subpoena-related correspondences to Collect
RX and Texas Medical Summit (.3); Review and analyze
SESH's Response in Opposition to ARS's Motion for
Summary Judgment and accompanying affidavits (2.3);
Review and analyze pertinent legal authority in
preparation for preparing memorandum regarding
affidavit opposition (4.3); begin preparing memorandum
regarding affidavit opposition (2.1).
221.00 (Paralegal) Continue to prepare documents for
production with 6th supplemental disclosure
187.50 Assess matters regarding claims files provided by client
to support contract damages (.2); review follow up
correspondence with Collect Rx regarding supplemental
document production (.1); assess issues regarding
upcoming depositions in light of refusal from SESH to
confirm same (.1); analyze correspondence to SESH
regarding outstanding discovery responses and failure to
pay sanctions award (.1).

834

4/15/2019 Sara Witthoft

835

221.00
187.50

838

4/16/2019 Sara Witthoft

6.10

1,982.50 Email to Matt Kelly and Kevin McCoy to follow up on
SESH's failure to timely respond to written discovery
requests (.2); email to Matt Kelly, Kevin McCoy, and
Brian Kilmer to follow up on payment of sanctions
awarded to ARS and to confirm appearance of Dr. Baig
and SESH's Rule 30(b)(6) representative(s) at
depositions noticed for April 22, 2019 (.3); emails from
and to Allen Vagheitabar regarding claims files to be
produced to support damages claim (.2); continue to
prepare reply in support of motion for partial summary
judgment (3.9); telephone call (voicemail) from Ike
Brenner in response to letter following up on Collect Rx's
response to subpoena duces tecum (.2); work with
Victoria Dunne regarding follow up with Dr. Brenner and
review additional documents produced by Collect Rx (.6);
work with Allen Vagheitabar with respect to patient
claims files organized by invoice to support damages
claim and follow up regarding missing claims files (.4);
confer with Victoria Dunne regarding research needed
with respect to potential waiver argument relating to
SESH's prior material breach defense and regarding
classification of complaints regarding negligent
processing as tort claim that does not constitute prior
material breach of contract (.3).

1982.50

839

4/16/2019 Victoria Dunne

6.40

1,824.00 Review and analyze April 15th correspondence,
subpoena with attachments, and Collect RX's response
in preparation for returning Dr. Brenner's call (.5);
Teleconference with Dr. Brenner regarding response to
subpoenas (.2); Continue preparing memorandum
regarding affidavit opposition (2.3); Exchange multiple
correspondence with Dr. Brenner regarding response to
Subpoena Duces Tecum (.5); Review and analyze
communications produced by Collect RX in preparation
for followup and production of the same (2.9).

1824.00

840

4/17/2019 Carmen Boubek

4.50

841

4/17/2019 Andrea Marconi

1.70

585.00 (Paralegal) Continue to prepare documents for
production with 6th supplemental disclosure
637.50 Evaluate further issues and strategy for upcoming SESH
depositions (.2); review and evaluate summary of law
regarding sham affidavit and ability to use later-acquired
deposition testimony to contradict affidavit in reply (.3);
begin working to draft reply in support of motion for
partial summary judgment (1.2).

585.00
637.50

842

4/17/2019 Sara Witthoft

9.00

2,925.00 Email to Matt Kelly, Kevin McCoy, and Brian Kilmer to
follow up regarding payment of sanctions for late
cancelled depositions and to confirm deponents'
appearance at depositions scheduled for April 22 (.2);
work with Victoria Dunne regarding disclosure of all
documents produced by Collect Rx in response to
subpoena duces tecum (.2); review and analyze research
memorandum prepared by Victoria Dunne regarding
ability to controvert Dr. Baig's affidavit with deposition
testimony despite case management order's proscription
against including evidence in reply in support of motion
for summary judgment (.3); briefly review patient claims
files produced by ARS with respect to each invoice
issued to SESH so as to support damages claim, and
work with Carmen Boubek to bates label and disclose
same (.9); work with Carmen Boubek and Victoria Dunne
regarding disclosure of documents produced by Collect
Rx in response to subpoena dues tecum (.5); analyze
documents and issues and prepare for depositions of Dr.
Baig and SESH's Rule 30(b)(6) representative, including
identification of exhibits to be admitted during said
depositions (6.9).

2925.00

843

4/17/2019 Victoria Dunne

9.50

2,707.50 Exchange emails with Dr. Brenner regarding provision of
subpoenaed documents (.1); strategize disclosure of
documents recently obtained by third parties (.6); Review
and analyze pertinent legal authority regarding waiver of
breach, failure to satisfy a condition precedent, and
professional liability as a non-contractual claim (3.8) ;
prepare memorandum regarding waiver of breach, failure
to satisfy a condition precedent, and professional liability
as a non-contractual claim (3.9); Review and analyze
pertinent legal authority regarding failure to rebut
arguments in the summary judgment context (1.1).

2707.50

844

4/18/2019 Andrea Marconi

0.60

225.00 Review and evaluate communication from SESH
regarding sanctions payment and confirmation of
deposition appearance and assess response strategy
(.2); evaluate issues and arguments in support of unjust
enrichment for reply brief, assess additional fact
information needed and confer with client regarding same
(.3); review and analyze summary of legal research
regarding inapplicability and potential waiver of first
material breach argument for use in reply brief (.1).

225.00

845

4/18/2019 CaSandra Green

4.60

598.00 Update ARS' Seventh Supplemental Disclosure
Statement with documents recently received, and
analysis of case file to identify documents and materials
to produce as exhibits.

598.00

846

4/18/2019 Sara Witthoft

6.50

2,112.50 Review and consider research memorandum regarding
SESH's failure to address ratification argument and
concession of said argument (.3); confer with Andrea
Marconi regarding SESH's argument that ARS should not
be entitled to damages on unjust enrichment claim after
February 23 or April 23, 2017 and consider evidence to
rebut same (.4); read and consider email from Matt Kelly
confirming Dr. Baig's appearance at depositions noticed
for April 22, sanctions award, and settlement negotiations
(.3); review documents and prepare for depositions of Dr.
Baig in personal capacity, and as Rule 30(b)(6)
representative of SESH (4.4); review and consider Dr.
Baig's deposition testimony in EMG litigation (.7); confer
with Andrea Marconi regarding strategy with respect to
depositions and Matt Kelly's email regarding refusal to
pay sanctions until case is resolved (.4).

2112.50

847

4/19/2019 Andrea Marconi

0.70

262.50 Work on deposition strategy issues with S. Witthoft for
upcoming depositions of SESH and Dr. Baig (.5);
evaluate issues regarding request for earlier payment of
sanctions and confer with client regarding same (.2).

262.50

848

4/19/2019 CaSandra Green

5.10

849

4/19/2019 Sara Witthoft

7.30

850

4/20/2019 Sara Witthoft

4.10

851

4/21/2019 Sara Witthoft

7.70

663.00 Identify pertinent records, case file documents and
additional materials to be reviewed in preparation for and
use as exhibits at the upcoming deposition of Mirza N.
Baig, M.D.
2,372.50 Review email from Doug Lowden regarding[redacted for LR 54.2(e)(2)(A) (minus 0.4)
privilege] (.4); emails to and from Doug Lowden
regarding SESH's refusal to pay sanctions until case is
resolved (.4); confer with Andrea Marconi regarding
strategy with respect to depositions of Dr. Baig and Rule
30(b)(6) representative (.7); emails from and to Doug
Lowden regarding telephonic appearance at depositions
on April 22 (.2); email to Matt Kelly and Brian Kilmer
regarding same (.2); review documents and prepare for
depositions of Dr. Baig and Rule 30(b)(6) representative
(5.4).
1,332.50 Review documents and prepare for deposition of Dr.
Mirza Baig (2.2); review documents and prepare for
deposition of SESH's Rule 30(b)(6) representative (1.9).
2,502.50 Travel to Houston for depositions of Dr. Baig and SESH's
Rule 30(b)(6) representative and continue to review
documents and prepare for depositions during travel
(7.0); continue to prepare for SESH's Rule 30(b)(6)
deposition (.7).

663.00

2242.50

Sustained
1332.50

2502.50

852

4/22/2019 Andrea Marconi

6.30

2,362.50 Confer throughout the day with S. Witthoft regarding
various matters for today's deposition to assist with same
(.4); review and analyze additional legal authority and
factual documents for use in reply brief (1.1); continue
draft reply brief in support of partial MSJ (4.2); debrief
with S. Witthoft regarding today's SESH depositions (.4);
evaluate legal research needed to support request to
expedite payment of attorneys' fee sanction by SESH
and assess related issues (.2).

2362.50

853

4/22/2019 CaSandra Green

0.80

104.00

854

4/22/2019 Sara Witthoft

104.00 Identify pertinent records, case file documents and
additional materials to be reviewed in preparation for and
use as exhibits at the upcoming deposition of Mirza N.
Baig, M.D.
3,445.00 Review email from Brian Kilmer regarding availability of
speakerphone for Doug Lowden's participation in
depositions via telephone and emails to and from
Lowden regarding same (.2); travel to and from Brian
Kilmer's office and conduct depositions of Dr. Baig in his
personal capacity and as Rule 30(b)(6) representative of
SESH (8.7); teleconference with Andrea Marconi
regarding said depositions and preparation of reply in
support of motion for partial summary judgment (.4);
review email from court reporter forwarding rough
transcripts for said depositions and email forwarding
same to Doug Lowden and Tyler Grim for review (.2);
continue to draft reply in support of motion for partial
summary judgment (1.1).

855

4/23/2019 Andrea Marconi

7.30

856

4/23/2019 CaSandra Green

6.30

10.60

2,737.50 Review and analyze deposition transcript for Dr. Baig
LR 54.2(e)(2)(A) (minus 0.2)
(1.2); continue drafting reply in support of ARS partial
MSJ (4.8); review certain case law cited by SESH in its
response to distinguish and rebut same for reply (.5);
review request from client for [redacted for privilege] (.2);
review response from Texas Medical Summit and assess
next steps, including evaluate content for meet and
confer letter (.6).
819.00 Continue to update ARS' Seventh Supplemental
Disclosure Statement with documents recently received,
and analysis of case file to identify documents and
materials to produce as exhibits.

3445.00

2662.50

Sustained
819.00

857

4/23/2019 Sara Witthoft

10.70

3,477.50 Travel from Houston to Phoenix after taking depositions LR 54.2(e)(2)(A) (minus 0.5)
of Dr. Baig in personal capacity and as SESH's Rule
30(b)(6) representative (7.6); confer with Andrea Marconi
regarding arguments to raise in reply in support of motion
for partial summary judgment with regard to unjust
enrichment and alleged defense of prior material breach
(.5); read and consider letter from Texas Medical Summit
regarding alleged defects in subpoena duces tecum and
refusal to comply with same (.2); emails from and to
Doug Lowden regarding [redacted for privilege] (.5);
continue to prepare reply in support of motion for partial
summary judgment (1.9).

858

4/23/2019 Victoria Dunne

6.50

859

4/23/2019 Matt Baltierra

0.90

1,852.50 Review and analyze pertinent legal authority regarding
the question of whether a party concedes a point when
they fail to rebut arguments in a dispositive motion (3.2);
Review and analyze pertinent legal authority regarding
Rule 30 sanction to determine whether payment timing is
specified (.5); Begin working on Seventh Supplemental
MIDP (2.8).
256.50 Evaluate federal law and authorities concerning scope of LR 54.2(e)(2)(A) (minus 0.5)
subpoena issued by district court, compliance regarding
same as to out of state entities and appropriate
objections, including bases for asserting same for use in
drafting letter to Texas Medical Summit concerning
compliance with ARS subpoena for documents.

860

4/23/2019 Matt Baltierra

0.80

861

4/24/2019 Andrea Marconi

2.50

862

4/24/2019 CaSandra Green

0.50

863

4/24/2019 CaSandra Green

3.90

3315.00

Sustained
1852.50

256.50

Overruled
228.00 Prepare initial draft of letter to Texas Medical Summit,
Inc. to address objections to subpoena and demand
production of subpoenaed documents.
937.50 Work further on issues regarding meet and confer letter
to and objections from Texas Medical Summit regarding
subpoena (.1); work on issues concerning final
supplemental disclosure and review additional
documents to be produced by deadline (.4); analyze
issues regarding upcoming deadline for in person good
faith settlement talks and assess related strategy (.1);
review, revise and supplement draft reply brief in support
of partial MSJ for client review (1.5); review and revise
draft letter response to Texas Medical Summit regarding
subpoena objections (.4).
65.00 Coordinate with TSG Reporting to confirm acceptance of
documents received via subpoena.
507.00 Continue to update ARS' Seventh Supplemental
Disclosure Statement with documents recently received,
and analysis of case file to identify documents and
materials to produce as exhibits.

228.00

937.50

65.00
507.00

864

4/24/2019 Sara Witthoft

2.30

865

4/24/2019 Victoria Dunne

866

4/24/2019 Matt Baltierra

0.20

867

4/25/2019 Brad Shwer

1.40

868
869

4/25/2019 Andrea Marconi
4/25/2019 CaSandra Green

870

4/25/2019 Sara Witthoft

1.70

871
872

4/26/2019 Brad Shwer
4/26/2019 Andrea Marconi

0.90
2.20

873

4/26/2019 CaSandra Green

9.30

11.40

0.50
11.60

747.50 Confer with Andrea Marconi regarding revisions to reply
in support of motion for partial summary judgment (.3);
review and revise reply in support of motion for partial
summary judgment (1.0); revise and finalize letter to
Adnan Anwar Sheikh with Texas Medical Summit in
regard to alleged objections to subpoena duces tecum
and refusal to comply with same (.4); work with Tori
Dunne on final disclosures (.6).
3,249.00 Review and analyze material portions of file documents
in preparation for expanding Seventh Supplemental
MIDP (1.2); Prepare witness section of Seventh
Supplemental MIDP (3.1); Prepare legal arguments
section of Seventh Supplemental MIDP (2.4); Continue
working on working on Seventh Supplemental MIDP
(4.7).
57.00 Finish drafting letter to Texas Medical Summit, Inc. to
address objections to subpoena and demand production
of subpoenaed documents.
525.00 Review draft reply in support of motion for summary
judgment
187.50 Review and revise draft of final disclosure statement.
1,508.00 Continue to update ARS' Seventh Supplemental
Disclosure Statement with documents recently received,
and analysis of case file to identify documents and
materials to produce as exhibits.
552.50 Review and revise reply in support of motion for partial
LR 54.2(e)(2)(A) (minus 0.2)
summary judgment (.9); email forwarding revised version
to Doug Lowden and Tyler Grim (.2); emails from and to
Doug Lowden regarding [redacted for privilege] (.2); work
with Tori Dunne and CaSandra Green with respect to
final disclosures (.4).
337.50 Review reply to motion for summary judgment
825.00 Further work on and revise and supplement final
supplemental disclosure statement for client review (1.6);
make final edits to reply in support of summary judgment
(.2); assess response from TMS to subpoena and related
strategy (.2); review and revise document production list
to append to final disclosure (.2).
1,209.00 Continue to update ARS' Seventh Supplemental
Disclosure Statement with documents recently received,
and analysis of case file to identify documents and
materials to produce as exhibits.

747.50

3249.00

57.00

525.00
187.50
1508.00

487.50

Sustained
337.50
825.00

1209.00

874

4/26/2019 Sara Witthoft

3.90

875

4/26/2019 Victoria Dunne

6.80

876

4/29/2019 CaSandra Green

3.20

877

4/29/2019 Sara Witthoft

0.20

878

4/29/2019 Victoria Dunne

2.90

879
880

4/30/2019 Brad Shwer
4/30/2019 Sara Witthoft

1.00
0.50

881

5/1/2019 CaSandra Green

2.10

882

5/3/2019 Brad Shwer

1.30

883

5/3/2019 Sara Witthoft

0.40

884
885

5/7/2019 Carmen Boubek
5/7/2019 Carmen Boubek

1.10
0.90

886

5/7/2019 Sara Witthoft

0.30

1,267.50 Emails to and from Doug Lowden regarding [redacted for LR 54.2(e)(2)(A) (minus 1.0)
privilege] (.4); work with CaSandra Green and Victoria
Dunne to finalize disclosure statement (2.1); work with
Victoria Dunne to double-check all record citations in
reply in support of Motion for Partial Summary Judgment
(.3); read and consider correspondence from Adnan
Shaikh regarding subpoena duces tecum served on
Texas Medical Summit and email to Doug Lowden
regarding [redacted for privilege] (.6); finalize reply in
support of motion for partial summary judgment for filing
(.5).
1,938.00 Prepare Notice of Service of Seventh Supplemental
MIDP Response (.1); Review Motion for Partial Summary
Judgment Reply in comparison with the record to
determine whether citations require revision (3.9);
Review and revise Seventh MIDP Response (2.8).

942.50

Sustained
1938.00

416.00 Finalize ARS' Seventh Supplemental Disclosure
Statement with documents recently received, and
analysis of case file to identify documents and materials
to produce as exhibits.
65.00 Email to Matt Kelly regarding hand-delivery of documents
disclosed with final supplemental disclosure statement.

416.00

826.50 Continue to review and analyze pertinent legal authority
regarding Rule 37, including timing of appealability of
sanctions and award of fees in connection with failure to
timely comply with civil contempt orders (1.7); Continue
preparing memorandum regarding payment of sanctions
(1.2).
375.00 Review deposition transcript of Mirza Baig
162.50 Review and analyze research memorandum prepared by
Victoria Dunne regarding SESH's failure to pay sanctions
awarded.
No Charge - Analyze case file and prepare pertinent
documents to send to Doug Lowden.
487.50 Correspondence with plaintiff's counsel regarding
settlement talks (.2); assess status of dispositive
motions, trial setting, and potential for settlement (1.1)

826.50

130.00 Emails from and to Matt Kelly regarding upcoming
LR 54.2(e)(2)(A) (minus 0.2)
deadline for participation in good faith settlement talks
(.2); email to Doug Lowden and Tyler Grim [redacted for
privilege] (.2).
143.00 (Paralegal) Prepare deposition tracking chart
117.00 (Paralegal) Continue to prepare document production
tracking chart
97.50 Emails from and to Doug Lowden and Matt Kelly
regarding scheduling of good faith settlement talks as
required by current scheduling order.

65.00

375.00
162.50

487.50

65.00

Sustained
143.00
117.00
97.50

887

5/8/2019 Carmen Boubek

6.40

888

5/8/2019 Sara Witthoft

0.60

889

5/9/2019 Carmen Boubek

4.20

890

5/9/2019 Sara Witthoft

0.40

891
892

5/10/2019 Brad Shwer
5/10/2019 Carmen Boubek

0.40
3.90

893

5/10/2019 Victoria Dunne

0.20

894

5/13/2019 Brad Shwer

1.20

895

5/13/2019 Carmen Boubek

0.20

896

5/13/2019 Carmen Boubek

3.20

897

5/13/2019 Sara Witthoft

2.10

898

5/13/2019 Sara Witthoft

0.50

899

5/14/2019 Carmen Boubek

3.20

900

5/14/2019 Sara Witthoft

0.40

901

5/14/2019 Victoria Dunne

0.50

902

5/14/2019 Victoria Dunne

1.10

832.00 (Paralegal) Continue to prepare tracking chart of all
documents produced by parties
195.00 Revise and finalize notice of substitution of counsel (.2);
review scheduling order with respect to remaining
deadlines and analyze strategy with respect to same (.4).

832.00

546.00 (Paralegal) Continue to prepare tracking chart of all
documents produced by SESH
130.00 Emails from and to Doug Lowden and Matt Kelly
regarding coordination of good faith settlement talks.
150.00 Evaluate Order granting summary judgment to client
507.00 (Paralegal) Continue to prepare tracking chart of all
documents produced by SESH
57.00 Review and analyze Order granting ARS's Motion for
Partial Summary Judgment.
450.00 Develop strategy for potential dispositive motion on
damages, as well as review other key settlement and
evidentiary issues to identify quickest way to resolve
claim while maximizing recovery
26.00 (Paralegal) Analyze order regarding ARS motion for
partial summary judgment
416.00 (Paralegal) Continue to prepare tracking chart of all
documents produced by SESH
682.50 Read and analyze Judge Lanza's order granting motion LR 54.2(e)(2)(A) (minus 0.6)
for partial summary judgment, review scheduling order,
and consider same with respect to potentially seeking
leave to file motion for partial summary judgment for
damages on breach of contract claim (1.5); email to Doug
Lowden and Tyler Grim regarding [redacted for privilege]
(.3); emails from and to Doug Lowden regarding[redacted
for privilege](.3).

546.00

195.00

130.00
150.00
507.00
57.00
450.00

26.00
416.00
487.50

Sustained
162.50 Review pending deadlines and analyze strategy and next
steps with respect to same (.3); confer with Victoria
Dunne regarding strategy and next steps with respect to
Texas Medical Summit's refusal to comply with subpoena
duces tecum (.2).
416.00 (Paralegal) Finalize tracking chart of all documents
produced by SESH
130.00 Confer with Tori Dunne regarding strategy and next steps
related to Texas Medical Summit's refusal to comply with
subpoena duces tecum.
142.50 Review and analyze prior correspondences and other
subpoena-related materials in preparation for preparing
correspondence to A. Shaikh regarding Texas Medical
Summit's refusal to respond to ARS's subpoena.

162.50

313.50 Begin preparing correspondence to A. Shaikh regarding
Texas Medical Summit's refusal to respond to ARS's
subpoena.

313.50

416.00
130.00

142.50

903

5/15/2019 Victoria Dunne

0.80

904

5/15/2019 Victoria Dunne

1.60

905

5/15/2019 Victoria Dunne

0.80

906

5/16/2019 Sara Witthoft

3.30

907

5/16/2019 Sara Witthoft

1.20

908

5/16/2019 Victoria Dunne

0.80

909

5/16/2019 Victoria Dunne

2.30

910

5/17/2019 Sara Witthoft

1.70

911

5/17/2019 Victoria Dunne

1.20

912

5/17/2019 Victoria Dunne

0.50

913

5/17/2019 Victoria Dunne

0.40

914

5/17/2019 Victoria Dunne

1.20

228.00 Prepare portion of correspondence to A. Shaikh
addressing procedural history.
456.00 Prepare portion of correspondence to A. Shaikh
addressing TMS's invalid objections.
228.00 Prepare portion of correspondence to A. Shaikh
addressing TMS's Civil Comtempt.
1,072.50 Review and analyze prior settlement discussion
LR 54.2(e)(2)(A) (minus 0.9)
correspondence, analyze amounts owed, attorney fee
provision in billing agreement, and prepare for good faith
settlement discussions (1.5); emails from and to Doug
Lowden regarding [redacted for privilege] (.4); and emails
to and from Kevin McCoy regarding same (.2); revise and
finalize correspondence to Texas Medical Summit
regarding failure and refusal to comply with subpoena
duces tecum (.5); meeting with Tori Dunne regarding
strategy with respect to motion for leave to file motion for
summary judgment on damages on breach-of-contract
claim and submittal of amended order with respect to
sanctions for late-cancelled depositions (.4); email to
Doug Lowden regarding [redacted for privilege] (.3).

228.00
456.00
228.00
780.00

Sustained
390.00 Travel to and from Matt Kelly's office and participate in
good faith settlement talks (1.0); review scheduling order
with respect to joint report to be filed acknowledging
participation in same (.2).
No Charge - Prepare portion of correspondence to A.
Shaikh addressing further action and associated
recourse against TMS.
No Charge - Review and revise correspondence to A.
Shaikh regarding TMS's failure to comply with ARS's
subpoena.
552.50 Review and revise draft motion and proposed order
granting leave to allow ARS to file second motion for
partial summary judgment on damages on breach-ofcontract claim (.9); review and revise notice of lodging
and proposed amended order with respect to sanctions
awarded to ARS pursuant to Rule 30(g) (.8).

390.00

342.00 Prepare Notice of Lodging of Proposed Order Requiring
SESH to Issue Payment of Sanctions to ARS Within Ten
Days.
142.50 Review and analyze pertinent portions or relevant filings
and memorandums in preparation for preparing Notice of
Lodging of Proposed Order Requiring SESH to Issue
Payment of Sanctions to ARS Within Ten Days.

342.00

No Charge - Prepare Proposed Order Requiring SESH to
Issue Payment of Sanctions to ARS Within Ten Days.

0.00

342.00 Prepare ARS's Expedited Motion for Leave to File One
Additional Motion for Summary Judgment.

0.00

0.00

552.50

142.50

342.00

915

5/17/2019 Victoria Dunne

0.50

916

5/17/2019 Victoria Dunne

0.40

917

5/20/2019 Brad Shwer

1.10

918

5/20/2019 Sara Witthoft

3.80

919

5/20/2019 Victoria Dunne

0.90

920

5/20/2019 Victoria Dunne

0.30

921

5/21/2019 Brad Shwer

0.20

922

5/21/2019 Sara Witthoft

0.70

142.50 Review and analyze material portions of filings in
preparation for preparing ARS's Expedited Motion for
Leave to File One Additional Motion for Summary
Judgment.
114.00 Prepare Proposed Order Granting ARS's Expedited
Motion for Leave to File One Additional Motion for
Summary Judgment.
412.50 Review joint report on good faith settlement talks (.5);
review response from opposing counsel and develop
response to same (.6)
1,235.00 Revise and finalize motion for leave to file second motion LR 54.2(e)(2)(A) (minus 0.9)
for partial summary judgment on breach-of-contract
damages and notice of lodging order and requesting
entry of same with respect to sanctions awarded against
SESH, and email forwarding same to Doug Lowden and
Tyler Grim for review (.9); review case management
order, prepare draft joint report on settlement talks in
conformance therewith, and email forwarding said draft
report to SESH's counsel (.5); work with Victoria Dunne
with respect to procedure to request expedited
consideration of motion for leave to file second motion for
partial summary judgment (.3); revise notice of request
for expedited consideration with respect to said motion
for leave (.2); read and consider email from Matthew
Kelly regarding joint report on settlement talks (.5); confer
with Brad Shwer regarding strategy with respect to
response to same (.5); prepare draft email responsive to
Matt Kelly's email regarding good faith settlement talks
and confer with Brad Shwer, Victoria Dunne, and Tyler
Grim regarding [redacted for privilege] (.7); emails from
and to Tyler Grim regarding [redacted for privilege] (.2).

142.50

114.00

412.50

942.50

Sustained
256.50 Prepare Notice of Request for Expedited Consideration
of Motion for Leave to File Additional Notion for Partial
Summary Judgment.
85.50 Provide input on best approach at handling Plaintiff's
allegations of bad faith engagement in settlement talks.

256.50

75.00 Assess order from court requiring payment of sanctions

75.00

85.50

227.50 Meeting with Victoria Dunne regarding preparation of
LR 54.2(e)(2)(A) (minus 0.2)
motion for partial summary judgment on damages with
respect to breach of contract claim (.3); review order
granting request and ordering SESH to pay sanctions
awarded within ten days and emails from and to Tyler
Grim regarding same (.2); review order granting SESH
until May 24 to oppose motion for leave to file second
motion for partial summary judgment on damages and
email to Tyler Grim regarding [redacted for privilege] (.2).

162.50

Sustained

923

5/22/2019 Victoria Dunne

0.50

924

5/22/2019 Victoria Dunne

1.60

925

5/22/2019 Victoria Dunne

0.60

926

5/22/2019 Victoria Dunne

1.90

927

5/22/2019 Victoria Dunne

1.10

928

5/23/2019 Sara Witthoft

0.20

929

5/23/2019 Victoria Dunne

1.80

930

5/23/2019 Victoria Dunne

1.10

931

5/23/2019 Victoria Dunne

2.20

932

5/24/2019 Brad Shwer

0.40

933

5/24/2019 Sara Witthoft

1.30

934

5/24/2019 Victoria Dunne

0.10

142.50 Begin preparing Motion for Partial Summary Judgment
Regarding Damages.
456.00 Prepare "Factual Basis for Summary Judgment" section
of Motion for Partial Summary Judgment Regarding
Damages.
171.00 Prepare "Legal Standard" section of Motion for Partial
Summary Judgment Regarding Damages.
541.50 Begin preparing "Legal Analysis" section of Motion for
Partial Summary Judgment Regarding Damages.
313.50 Review and analyze pertinent legal authority regarding
the Court's ability to interpret the damage provisions
within the Business Agreement as a matter of law in
preparation for expanding Motion for Partial Summary
Judgment Regarding Damages.
65.00 Review and consider email from Matt Kelly regarding
authorization to sign and file report regarding good faith
settlement talks and regarding SESH's intent to make
payment for sanctions awarded.
513.00 Review and analyze material portions of exhibits to
previously filed Motion for Partial Summary Judgment in
preparation for continuing to prepare "Legal Analysis"
section of Motion for Partial Summary Judgment
Regarding Damages.
313.50 Continue preparing "Legal Analysis" section of Motion for
Partial Summary Judgment Regarding Damages.
627.00 Review and analyze Personal Capacity Deposition of Dr.
Baig in preparation for expanding Motion for Partial
Summary Judgment Regarding Damages.
150.00 Review response to motion for leave to file MSJ (.2);
review order from court granting motion for leave to file
MSJ on damages (.2)
422.50 Review and consider SESH's response to motion for
LR 54.2(e)(2)(A) (minus 0.6)
leave to file second motion for partial summary judgment
and email to Tyler Grim regarding [redacted for privilege]
(.3); emails from and to Matt Kelly regarding payment of
sanctions and authorization to sign and file report on
good faith settlement talks (.2); finalize said report for
filing (.2); meeting with Victoria Dunne to discuss strategy
related to motion for partial summary judgment on
damages on breach-of-contract claim (.3); review court's
order granting motion for leave to file second motion for
partial summary judgment and emails to and from Tyler
Grim regarding [redacted for privilege] (.3).

142.50
456.00

171.00
541.50
313.50

65.00

513.00

313.50
627.00

150.00

227.50

Sustained
28.50 Review and analyze SESH's Response in Opposition to
Expedited Motion for Leave to File Additional Motion for
Partial Summary Judgment in preparation for determining
whether to incorporate into Motion for Partial Summary
Judgment Regarding Damages.

28.50

935

5/24/2019 Victoria Dunne

0.10

28.50 Review and analyze May 24, 2019 Order granting ARS's
Expedited Motion for Leave to File Additional Motion for
Partial Summary Judgment Regarding Damages.

28.50

936

5/24/2019 Victoria Dunne

2.00

570.00

937

5/28/2019 Sara Witthoft

4.80

938

5/29/2019 Brad Shwer

0.10

939
940

5/29/2019 Carmen Boubek
5/29/2019 Sara Witthoft

0.90
4.60

941

5/30/2019 Carmen Boubek

0.50

942

5/30/2019 Sara Witthoft

4.10

943

5/31/2019 Brad Shwer

1.50

944

5/31/2019 Carmen Boubek

1.30

945

5/31/2019 Sara Witthoft

6.90

570.00 Review and analyze 30(b)(6) Deposition of Dr. Baig in
preparation for expanding Motion for Partial Summary
Judgment Regarding Damages.
1,560.00 Telephone call from Tyler Grim[redacted for privilege]
(.2); prepare motion for partial summary judgment on
damages on breach-of-contract claim (4.6).
37.50 Review emails from opposing counsel regarding sanction
amount
117.00 (Paralegal) Revise document produced tracking chart
1,495.00 Emails from and to Tyler Grim regarding[redacted for
privilege] (.2); work on motion for partial summary
judgment on damages on breach-of-contract claim and
email forwarding same to clients for review and comment
(4.4).
65.00 (Paralegal) Assist with the preparation of ARS's motion
for partial summary judgment
1,332.50 Emails from and to Doug Lowden [redacted for privilege]
(.2); prepare affidavit for Melissa Kohler for motion for
partial summary judgment (.9); emails to and from Doug
Lowden [redacted for privilege] (.5); continue to work on
motion for partial summary judgment (2.2); work with
Carmen Boubek with respect to exhibits in lieu of
statement of facts in compliance with case management
order (.3).
562.50 Finalize and review motion for partial summary judgment
on damages
169.00 (Paralegal) Continue to assist with the preparation of
ARS's motion for summary judgment
2,242.50 Review and consider emails from Doug Lowden
regarding[redacted for privilege] (.9); telephone call
(voicemail) and follow up email to Doug Lowden
regarding [redacted for privilege] (.4); review and revise
motion for partial summary judgment on damages (2.1);
review and revise affidavit for Melissa Kohler (.4); work
with Carmen Boubek to finalize exhibits for said motion
(.9); prepare affidavit for Cheryl McLaws and emails from
and to Doug Lowden[redacted for privilege] (.8); review
and finalize motion for partial summary judgment on
breach of contract damages for filing (1.4).

946

6/3/2019 Sara Witthoft

0.70

947

6/4/2019 Sara Witthoft

1.60

LR 54.2(e)(2)(A) (minus 0.2)

1495.00
Sustained
37.50
117.00
1430.00

LR 54.2(e)(2)(A) (minus 0.2)

Sustained
65.00
LR 54.2(e)(2)(A) (minus 0.7)

1105.00

Sustained
562.50
169.00
LR 54.2(e)(2)(A) (minus 2.1)

1560.00

Sustained
227.50 Emails from and to Doug Lowden regarding [redacted for LR 54.2(e)(2)(A) (minus 0.2)
privilege] (.2); email to Matt Kelly regarding adjustment to
briefing schedule (.2); emails from and to Kevin McCoy
regarding same (.3).
520.00 Review and analyze Am. Power Prods. v. CSK Auto, Inc.
with respect to "prevailing party" designation for fee
shifting purpose

162.50

Sustained
520.00

948

6/9/2019 Brad Shwer

1.00

949

6/11/2019 Carmen Boubek

0.40

950

6/11/2019 Sara Witthoft

0.50

951

6/12/2019 Sara Witthoft

0.30

952

6/13/2019 Sara Witthoft

1.50

953

6/19/2019 Carmen Boubek

2.00

954

6/20/2019 Carmen Boubek

1.00

955

6/21/2019 Sara Witthoft

0.40

956

6/26/2019 Sara Witthoft

0.60

957

7/9/2019 Sara Witthoft

1.20

958
959

7/11/2019 Brad Shwer
7/15/2019 Brad Shwer

1.50
2.00

960

7/15/2019 Sara Witthoft

1.50

961

7/17/2019 Sara Witthoft

3.40

375.00 Review final motion for partial summary judgment on
damages and assess related issues
52.00 (Paralegal) Prepare joint motion to extend deadline to file
plaintiff's motion for partial summary judgment reply
162.50 Revise draft joint motion and proposed order to extend
deadline for reply in support of motion for partial
summary judgment on damages on Count I, and email
forwarding same to Matt Kelly and Kevin McCoy for
review.
97.50 Emails from and to Matt Kelly regarding authorization to
sign and file joint motion to extend deadline for filing reply
in support of motion for partial summary judgment, and
finalize same for filing.
487.50 Review and analyze case status and next steps (.5);
review Judge Lanza's order granting motion to extend
deadline for reply in support of motion for partial
summary judgment on contract damages (.1); further
analyze American Power Products case with respect to
fee shifting provision of ARS 12-341.01 being
incorporated into prevailing party provision in billing
agreement (.9).
260.00 (Paralegal) Analyze client documents for update of
tracking chart
130.00 (Paralegal) Continue to analyze documents for revision of
tracking chart
130.00 Email to Doug Lowden and Tyler Grim regarding
[redacted for privilege]
195.00 Emails from and to Matt Kelly regarding extension of
deadline for SESH's response to motion for partial
summary judgment on contract damages (.2); review and
revise draft motion and propose order regarding said
extension, and email to Matt Kelly regarding authority to
sign and file same with modifications (.3); review minute
entry order granting same (.1).
390.00 Initial review and analysis of SESH's response in
LR 54.2(e)(2)(A) (minus 1.2)
opposition to motion for partial summary judgment on
damages and emails to and from Tyler Grim and Doug
Lowden regarding [redacted for privilege]
562.50 Initial review of response to partial MSJ
750.00 Further assessment of opposition to motion for summary
judgment on breach of contract damages to assist with
reply
487.50 Continue to review and analyze SESH's response in
opposition to motion for partial summary judgment on
damages.
1,105.00 Review and analyze arguments and authorities cited in
SESH's response to motion for partial summary judgment
on damages and work on reply in support of said motion.

375.00
52.00

162.50

97.50

487.50

260.00
130.00
130.00
195.00

0.00

Sustained
562.50
750.00

487.50

1105.00

962

7/18/2019 Sara Witthoft

3.10

963

7/19/2019 Sara Witthoft

3.40

964

7/22/2019 Sara Witthoft

6.20

965

7/23/2019 Brad Shwer

1.10

966

7/23/2019 Sara Witthoft

3.70

967

7/24/2019 Sara Witthoft

1.10

968

7/25/2019 Carmen Boubek

0.50

969

7/25/2019 Sara Witthoft

5.80

970

7/26/2019 Sara Witthoft

0.20

971

7/29/2019 Sara Witthoft

0.40

972

8/13/2019 Sara Witthoft

0.60

973

12/4/2019 Sara Witthoft

0.20

1,007.50 Work on reply in support of motion for partial summary
judgment on contract damages.
1,105.00 Work on reply in support of motion for summary
judgment on damages (3.2); emails to and from Doug
Lowden regarding [redacted for privilege] (.2).
2,015.00 Continue to prepare reply in support of motion for
summary judgment on damages on breach-of-contract
claim.
412.50 Review reply in support of partial motion for summary
judgment
1,202.50 Continue to prepare reply in support of motion for
summary judgment on damages on breach of contract
claim (5.7); prepare draft supplemental affidavit for
Melissa Kohler (.8); email to Doug Lowden [redacted for
privilege] (.2).
357.50 Read and consider email from Doug Lowden regarding
[redacted for privilege]
65.00 (Paralegal) Assist with the preparation of reply to partial
motion for summary judgment
1,885.00 Emails from and to Doug Lowden regarding [redacted for
privilege] (.4); revise and finalize said reply (4.9); review
final, as-filed version of reply and email forwarding same
to Doug Lowden (.5).
65.00 Read and consider SESH's motion for leave to file
surreply in response to motion for partial summary
judgment.
130.00 Review order granting SESH's motion for leave to file
surreply and email to clients regarding same.
195.00 Review and analyze SESH's surreply filed in opposition
to motion for partial summary judgment on damages on
breach-of-contract claim and email to Tyler Grim and
Doug Lowden regarding [redacted for privilege]

1007.50
LR 54.2(e)(2)(A) (minus 0.2)

1040.00
Sustained
2015.00

412.50
LR 54.2(e)(2)(A) (minus 0.2)

1137.50

Sustained
LR 54.2(e)(2)(A) (minus 1.1)

0.00
Sustained
65.00

LR 54.2(e)(2)(A) (minus 0.4)

1755.00

Sustained
65.00

130.00
LR 54.2(e)(2)(A) (minus 0.6)

0.00

Sustained
75.00 Telephone call from Tyler Grim regarding[redacted for
privilege]

LR 54.2(e)(2)(A) (minus 0.2)

0.00
Sustained
Total allowable
fees:

$

444,799.70