MHC Financing, et al v. City of San Rafael

Filing 609

ORDER Requesting Submission re 585 Affidavit in Support of Motion filed by MHC Financing Limited Partnership, Grapeland Vista, Inc, 600 MOTION for Leave to File filed by MHC Financing Limited Partnership, Grapeland Vista, Inc (vrwlc2, COURT STAFF) (Filed on 4/4/2009)

1 2 3 4 5 6 7 8 9 10 United United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MHC FINANCING, LTD, et al, Plaintiffs, v CITY OF SAN RAFAEL, Defendant, CONTEMPO MARIN HOMEOWNERS ASSOCIATION, Defendant-Intervenor. / No C 00-3785 VRW ORDER IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

In connection with its fee application, plaintiff MHC submitted the affidavit of Lisa Scruggs on April 15, 2008. #600. Doc

The Scruggs affidavit includes a table documenting the

number of hours billed quarterly for each attorney working for MHC on all aspects of this case. Doc #600, Exh 2. Additionally, MHC

submitted to the court the affidavit of David Bradford, which contains a series of tables documenting the total hours worked on this case by each attorney for MHC. Doc #585, Exhs D, E. There is

a discrepancy between the total hours given for each attorney in

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

the Bradford affidavit (Doc #585, Exhs D, E) and the sum of the quarterly totals for each attorney in the Scruggs affidavit (Doc #600, Exh 2). For example, the Bradford affidavit, exhibit D, The

lists Andrew Sussman's total hours worked on this case at 1.7. Scruggs affidavit, exhibit 2, however, lists Andrew Sussman as

working 14.6 hours in the second quarter of 2000, 0.5 hours in the third quarter of 2000 and 5.6 hours in the third quarter of 2000 for a sum total of 20.7 hours. There are numerous other

discrepancies that go beyond the mere fact that the Scruggs affidavit includes a few more months of data. Attachment 1 hereto

totals for each attorney the quarterly data submitted in the Scruggs affidavit. Compare total hours worked in the tables of Doc Not later than April 8, MHC is

#585, Exhs D, E, with Attachment 1.

DIRECTED to explain these discrepancies and present the correct data. Additionally, not later than April 8, MHC is DIRECTED to submit the amount of time each of MHC's attorneys spent working on MHC's breach of contract and breach of the duty of good faith and fair dealing claims. Doc #78 (third and fourth causes of action).

IT IS SO ORDERED.

VAUGHN R WALKER United States District Chief Judge

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Attachment 1

Sum of Quarterly MHC Attorney Hours Attorney David Bradford Lisa Scruggs Bradley Yusim Barry Levenstam Terry Mascherin Mark Heilbrun Matt Basil Sean Herring Jason Green April Otterberg Shannon Jones Benjamin Weinberg Christine Miller Therese Tully Nanci Rogers Daniel Konieczny Katherine Saunders Hannah Stotland Robert S Coldren C William Dahlin Mark Alpert Robert Mulvihill Robert Williamson William Hart Andrew Sussman Scott Shintani Steven Lowery Diane Haugeberg Jason Pyrz Kenneth Keller Michael Lisi Ingrid Leverett Chicago Paralegals Santa Ana Paralegals SF Paralegals Locality Chicago Chicago Chicago Chicago Chicago Chicago Chicago Chicago Chicago Chicago Chicago Chicago Chicago Chicago Chicago Chicago Chicago Chicago Santa Ana Santa Ana Santa Ana Santa Ana Santa Ana Santa Ana Santa Ana Santa Ana Santa Ana Santa Ana Santa Ana San Francisco San Francisco San Francisco Chicago Santa Ana San Francisco Experience 32 10 6 30 24 18 11 3 6 2 2 15 11 12 7 7 9 6 30 29 20 24 32 32 25 11 11 11 11 32 12 18 Total Hours 2120.25 2607.25 680.75 27.5 2 14 241.75 106.75 254.5 17.75 7 1173.75 125.5 135 1031.75 1012.75 172.25 19.75 263.3 291.4 15.5 15.9 24.7 0.4 20.7 0.5 1.2 5.7 18.5 277.1 0.7 106.7 3056 15.7 157.4