Fong v. Beehler et al

Filing 28

ORDER by Judge Elizabeth D. Laporte granting in part 23 Motion for Attorney Fees (lrc, COURT STAFF) (Filed on 10/29/2013)

Case3:13-cv-03021-EDL Document23 Filed09/21/13 Page1 of 7

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Steven N.H. Wood, Esq. (CA SBN 161291)
BERGQUIST, WOOD, MCINTOSH & SETO, LLP
1470 Maria Lane, Suite 300
Walnut Creek, CA 94596
Telephone:
[phone]
Facsimile:
[phone]
Email:
[e-mail]
Attorneys for Petitioner RANDOLPH FONG

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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In the Matter of the FONG FAMILY
LIVING TRUST dated June 15, 1993

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RANDOLPH FONG, Beneficiary,
Petitioner,

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vs.

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PATRICIA BEEHLER, as Co-Trustee
and individually; and ROBERT FONG,
as Co-Trustee and individually,

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Case No. C13-03021 EDL
NOTICE OF MOTION FOR FEES FOR
REMAND [28 U.S.C. § 1447(c)];
MEMORANDUM OF POINTS &
AUTHORITIES; REQUEST FOR JUDICIAL
NOTICE
Date:
Time:
Courtroom:
Judge:

October 29, 2013
9:00 a.m.
Courtroom E – 15th Floor
Honorable Elizabeth D. Laporte

Respondents.

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NOTICE OF MOTION FOR FEES FOR REMAND; MEMORANDUM OF POINTS &
AUTHORITIES; REQUEST FOR JUDICIAL NOTICE

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Case3:13-cv-03021-EDL Document23 Filed09/21/13 Page2 of 7

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TABLE OF CONTENTS

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NOTICE OF MOTION FOR FEES FOLLOWING REMAND .......................................................3

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MEMORANDUM OF POINTS & AUTHORITIES ........................................................................3

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I.
  INTRODUCTION ......................................................................................................................3

II.
  ISSUE TO BE DECIDED .........................................................................................................4

III.
  FACTS .......................................................................................................................................4

IV.
  ARGUMENT .............................................................................................................................4

A.
  The Court may require payment of attorney fees incurred as a result of a
wrongful removal. ................................................................................................................4

B.
  This Court found that Respondent PATRICIA BEEHLER’s removal lacked any
objectively reasonable basis.................................................................................................5

C.
  The Court should require Respondent PATRICIA BEEHLER to pay all of
Respondent’s fees as just costs incurred as a result of her objectively
unreasonable removal. .........................................................................................................6

D.
  The just costs incurred by Petitioner as a result of this wrongful remand include
Petitioner’s fees totaling $31,335. .......................................................................................6

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V.
  CONCLUSION .........................................................................................................................7

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REQUEST FOR JUDICIAL NOTICE .............................................................................................7

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TABLE OF AUTHORITIES
Cases

Davis v. Veslan Enterprises, 765 F.2d 494 (5th Cir. 1985) ..............................................................5
Roadway Express, Inc. v. Piper, 447 U.S. 752 (1980) ......................................................................4
Standridge v. Wal–Mart Stores, Inc., 945 F.Supp. 252 (N.D.GA 1996) ..........................................5

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Statutes

28 U.S.C. § 1447 ...........................................................................................................................4, 6

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Other Authorities

Schwarzer et al., Rutter Group Cal. Prac. Guide Fed. Civ. Pro. Before Trial .................................5

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NOTICE OF MOTION FOR FEES FOR REMAND; MEMORANDUM OF POINTS &
AUTHORITIES; REQUEST FOR JUDICIAL NOTICE

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Case3:13-cv-03021-EDL Document23 Filed09/21/13 Page3 of 7

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NOTICE OF MOTION FOR FEES FOLLOWING REMAND

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YOU ARE HEREBY NOTIFIED THAT on October 29, 2013, at 9:00.m., at 450 Golden
Gate Avenue, San Francisco, CA 94102 in Courtroom E – 15th floor, Petitioner RANDOLPH
FONG will move for an order ordering Respondent PATRICIA BEEHLER to pay Petitioner
RANDOLPH FONG the sum of $31,335.00 for attorney fees incurred as a result of the wrongful
removal.
The motion will be based on the grounds that this Court found that there was no
objectively reasonable basis for Respondent BEEHLER’s removal and the fees are just costs
incurred as a result of the removal.
The motion will be based upon this notice, the below points & authorities and request for
judicial notice, the Declaration of Steven N. H. Wood filed herewith, and such evidence and
argument as may be presented at the hearing on the motion.

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MEMORANDUM OF POINTS & AUTHORITIES

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I.

INTRODUCTION

Respondent PATRICIA BEEHLER removed this case to federal court without any
objectively reasonable basis after 20 months of litigation before a state probate court on the eve of
possible major unfavorable rulings. It was eleventh-hour forum shopping after disqualification of
prior counsel.

Respondent wrongfully made a federal case out of this, forcing Petitioner

RANDOLPH FONG to incur significant fees to send it back to state probate court where it
belongs.
Pursuant to 28 U.S.C. § 1447(c), Petitioner asks this Court to order BEEHLER to
reimburse him for all just costs BEEHLER caused him to incur with this removal, which include
his attorney’s fees totaling $31,335.00. Petitioner submits all relevant attorney billing records to
substantiate that request.

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NOTICE OF MOTION FOR FEES FOR REMAND; MEMORANDUM OF POINTS &
AUTHORITIES; REQUEST FOR JUDICIAL NOTICE

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Case3:13-cv-03021-EDL Document23 Filed09/21/13 Page4 of 7

II.

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ISSUE TO BE DECIDED

1. What fees should be awarded to Petitioner RANDOLPH FONG for Respondent
PATRICIA BEEHLER’s objectively unreasonable removal to federal court?

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III.

FACTS

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Respondent BEEHLER removed FONG’s Second Amended Petition from the California

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Superior Court in and for Alameda County (Probate Division) by filing the Notice of Removal

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filed herein on July 1, 2013.

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This Court found by Order filed on September 16, 2013 that BEEHLER’s removal lacked

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an objectively reasonable basis and ordered the case remanded to the Alameda Superior Court.

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(Dkt. 20.)

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This Court denied Petitioner FONG’s request for fees as part of his motion to Remand

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without prejudice because Petitioner did not submit billing records in support. (Dkt. 20, Order

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p.8:11-16.)

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Petitioner does so now and submits contemporaneous time records. (Declaration of Steven

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N. H. Wood, filed and served concurrently herewith.) Those records show that Petitioner has

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incurred and will incur approximately $31,335.00 in attorney fees as a result of the improper

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removal. (Wood Decl. and supporting exhibits.)

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IV.

ARGUMENT

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A. The Court may require payment of attorney fees incurred as a result of a wrongful
removal.

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“An order remanding the case may require payment of just costs and any actual expenses,

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including attorney fees, incurred as a result of the removal.” 28 U.S.C. § 1447(c).

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Federal courts also have authority under FRCP 11 and inherent equitable power to assess

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attorney fees as sanctions against a party whose litigation conduct is found to be “vexatious” or in

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“bad faith.” See Roadway Express, Inc. v. Piper, 447 U.S. 752, 766-767 (1980) (fee award can be

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proper for bad faith). Under FRCP 11, the attorney’s signature on the removal notice constitutes a

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“certificate” that “to the best of person's knowledge, information, and belief formed after an
NOTICE OF MOTION FOR FEES FOR REMAND; MEMORANDUM OF POINTS &
AUTHORITIES; REQUEST FOR JUDICIAL NOTICE

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Case3:13-cv-03021-EDL Document23 Filed09/21/13 Page5 of 7

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inquiry reasonable under the circumstances” the matters stated therein are supportable in fact and

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law. Standridge v. Wal–Mart Stores, Inc., 945 F.Supp. 252, 254 (N.D.Ga 1996) (removal notice

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subject to FRCP 11 standards). Thus, an attorney is subject to sanctions for removing an action to

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federal court without an objectively reasonable basis for doing so. Ibid.; 28 U.S.C. § 1446(a);

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McKinney v. Board of Trustees of Maryland Comm. College, 955 F.2d 924, 928 (4th Cir. 1992)

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(sanctions possible for improper removal); see also Schwarzer, et al., Rutter Group Cal. Prac.

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Guide: Fed. Civ. Pro. Before Trial § 2:3400, 2:3826 (The Rutter Group 2013).

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A plainly untimely removal notice can be grounds for payment of the other side’s

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attorney’s fees as sanctions. See Davis v. Veslan Enterprises, 765 F.2d 494, 497 (5th Cir. 1985)

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(sanctions of $5,855 for attorney’s fees and $32,988.99 for lost interest were proper to remedy

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defendants’ removal filed one day before hearing on plaintiff’s motion for judgment).

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B. This Court found that Respondent PATRICIA BEEHLER’s removal lacked any
objectively reasonable basis.

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There was no objectively reasonable basis for Respondent BEEHLER’s removal of this

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case to federal court. There was no diversity (or other) jurisdiction and the removal was clearly

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untimely. Respondents submitted to the jurisdiction of the state probate court and litigated in it

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extensively until recently when their prior counsel was disqualified and they faced potentially

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damaging orders at an upcoming hearing.

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shopping with their objectively unreasonable eleventh-hour removal.

They then turned to forum-shopping and judge-

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In its September 16, 2013 Order, this Court found that Respondent BEEHLER removed

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this case to federal court without any objectively reasonable basis. The Court denied Petitioner

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FONG’s request for fees without prejudice, however, because Petitioner did not submit billing

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records to substantiate his fee request and to show that the fees incurred related to Respondent

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BEEHLER’s removal. (Dkt. 20, Order p. 8:11-16.) Petitioner does so now.

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NOTICE OF MOTION FOR FEES FOR REMAND; MEMORANDUM OF POINTS &
AUTHORITIES; REQUEST FOR JUDICIAL NOTICE

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Case3:13-cv-03021-EDL Document23 Filed09/21/13 Page6 of 7

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C. The Court should require Respondent PATRICIA BEEHLER to pay all of Respondent’s
fees as just costs incurred as a result of her objectively unreasonable removal.

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Respondent PATRICIA removed this case on the ground of diversity, but lacked diversity,

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and did not remove the case until after nearly 20 months of probate court litigation: after engaging

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in discovery and several law and motion and probate hearing matters; after the state probate court

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disqualified Respondents’ prior attorney; and (like in Davis, supra) on the verge of a potentially

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damaging hearing regarding a further accounting and possible suspension as trustee and

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appointment of an interim trustee.

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Respondent made a federal case out of this family trust dispute with no objectively

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reasonable grounds for doing so. This case came to federal court only because of Respondent’s

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gamesmanship tactics and misunderstanding of diversity. As was made clear by the removal, the

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opposition briefing, and the arguments at court, Respondent BEEHLER does not understand

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diversity jurisdiction. Respondent should bear the burden of her own errors – not Petitioner. But

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until this Court remedies that wasteful misunderstanding by ordering the payment of fees for this

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expensive and needless detour to federal court, he will be so punished. The removal statute (28

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U.S.C. § 1447(c)) provides authority to remedy the expense of this frivolous eleventh-hour

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attempt to escape the forum where this family trust dispute belongs. Petitioner respectfully

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requests this Court to do so.

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Respondent had no objectively reasonable basis for this removal, and Petitioner

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respectfully respects an award of $31,335.00 for his attorney fees incurred as a result, and submits

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contemporaneous time statements to support that request.

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D. The just costs incurred by Petitioner as a result of this wrongful remand include
Petitioner’s fees totaling $31,335.
As detailed and summarized in the Declaration of Wood and its attached billing statements
(filed concurrently herewith), Petitioner has incurred $23,545 in fees to address the removal and
remand, $2,030 to address the motion to dismiss subsequently made moot by the remand, and
$2,760 (to date) for this instant fees motion, for a total of $28,335 in expenses to date caused by
Respondent BEEHLER’s wrongful removal to federal court:

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NOTICE OF MOTION FOR FEES FOR REMAND; MEMORANDUM OF POINTS &
AUTHORITIES; REQUEST FOR JUDICIAL NOTICE

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Case3:13-cv-03021-EDL Document23 Filed09/21/13 Page7 of 7

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Work Category

2

Hours

Fees

1. Removal/Remand

72.8

$23,545.00

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2. Motion to Dismiss

6.3

$2,030.00

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3. Motion for Fees (to date)

8.8

$2,760.00

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Total

87.6

$28,335.00

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Taken together with the $3,000 more expected through the conclusion of this motion,
Petitioner FONG will incur $31,335.00 as a result of Respondent BEEHLER’s wrongful removal.

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V.

CONCLUSION

For all the foregoing reasons, the Court should grant the motion and order Respondent
BEEHLER to pay Petitioner FONG the sum of $31,335 for just costs including attorney’s fees
incurred relating to BEEHLER’s removal, or an alternative sum in the Court’s sound discretion.
Respectfully submitted,
Dated: September 21, 2013

BERGQUIST, WOOD, McINTOSH & SETO, LLP
/s/
_________________________________________________
Steven N.H. Wood, Esq.
Attorneys for Petitioner RANDOLPH FONG

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REQUEST FOR JUDICIAL NOTICE

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Petitioner RANDOLPH FONG, by and through his attorney, hereby requests the Court to
take judicial notice pursuant to Federal Rule of Evidence 201 of the following facts or documents:
1. The Court’s September 16, 2013 Order remanding this case to the Alameda County
Superior Court (Dkt. 20), and its ruling that the removal lacked any objectively reasonable
basis based on lack of diversity and untimeliness.
Respectfully submitted,
Dated: September 21, 2013

BERGQUIST, WOOD, McINTOSH & SETO, LLP
/s/
_________________________________________________
Steven N.H. Wood, Esq.
Attorneys for Petitioner RANDOLPH FONG

NOTICE OF MOTION FOR FEES FOR REMAND; MEMORANDUM OF POINTS &
AUTHORITIES; REQUEST FOR JUDICIAL NOTICE

7

Case3:13-cv-03021-EDL Document23-1 Filed09/21/13 Page1 of 32

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Steven N.H. Wood, Esq. (CA SBN 161291)
BERGQUIST, WOOD, MCINTOSH & SETO, LLP
1470 Maria Lane, Suite 300
Walnut Creek, CA 94596
Telephone:
[phone]
Facsimile:
[phone]
Email:
[e-mail]
Attorneys for Petitioner RANDOLPH FONG

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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In the Matter of the FONG FAMILY
LIVING TRUST dated June 15, 1993

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RANDOLPH FONG, Beneficiary,
Petitioner,

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vs.

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PATRICIA BEEHLER, as Co-Trustee
and individually; and ROBERT FONG,
as Co-Trustee and individually,

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Case No. C13-03021 EDL
DECLARATION OF STEVEN N.H. WOOD
IN SUPPORT OF MOTION FOR FEES FOR
REMAND
Date:
Time:
Courtroom:
Judge:

October 29, 2013
9:00 a.m.
Courtroom E – 15th Floor
Honorable Elizabeth D. Laporte

Respondents.
I, Steven N.H. Wood, declare as follows:
1.

I am an attorney duly licensed and authorized to practice law in all of the courts of

the State of California and in the United States District Court for the Northern District of
California, and am a partner with the law firm of Bergquist, Wood, McIntosh & Seto, LLP,
attorneys of record for Petitioner RANDOLPH FONG herein.
2.

Attached hereto as Exhibit A are true and correct copies (with limited redactions)

of my contemporaneous hourly billing statements showing fees incurred as a result of Respondent
PATRICIA BEEHLER’s removal of this case, including all our time spent to address the removal
and secure a remand. These statements show the three general categories of work that were
DECLARATION OF STEVEN N.H. WOOD IN SUPPORT OF MOTION FOR FEES FOR
REMAND

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Case3:13-cv-03021-EDL Document23-1 Filed09/21/13 Page2 of 32

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caused by Respondent’s removal: first, the removal itself and remand (including

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reviewing/analyzing the removal, legal research to determine grounds for remand, preparing the

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motion for remand and supporting declaration, revising the pleadings and declaration, preparing

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exhibits, finalizing the motion, reviewing and analyzing the opposition briefing, preparing a reply

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brief, and attending the hearing); second, Respondent’s Motion to Dismiss, including emails about

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that motion, work to continue that hearing because it would be made moot by a successful motion

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to remand, and a brief opposition pending a final ruling on the motion to remand; and third, the

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instant motion for attorney’s fees, including estimated time for responding to an opposition and

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preparing a reply, and attending the hearing. These work categories are denoted on the billing

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statements by “1,” “2,” and “3,” as applicable. Also, where applicable, time has been deducted for

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State-court-related work, as shown.

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3.

Attached hereto as Exhibit B, for the Court’s convenience, is an itemized

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extraction and categorized summary of the applicable portions of our contemporaneous hourly

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billing statements, excluding state court work and isolating the the specific fees, and sorted with

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totals by (B-1) chronological entries, (B-2) work category, and (B-3) attorney. The totals by

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category (Exhibit B-2) are as follows:

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Work Category

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Hours

Fees

1. Removal/Remand

72.8

$23,545.00

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2. Motion to Dismiss

6.3

$2,030.00

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3. Motion for Fees (to date)

8.8

$2,760.00

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Total

87.6

$28,335.00

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4.

I have been practicing law in California for over 20 years, a substantial portion of

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which has been devoted to estate planning and trust/estate litigation. My standard billable rate of

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$350 per hour is consistent with comparable prevailing hourly rates in the community and I

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believe it is a fair and reasonable rate for the services rendered in this case.

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5.

My contract associate attorney Christopher Schweickert has been practicing law in

California for 10 years, a substantial portion of which has been devoted to trust/estate litigation.

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DECLARATION OF STEVEN N.H. WOOD IN SUPPORT OF MOTION FOR FEES FOR
REMAND

2

Case3:13-cv-03021-EDL Document23-1 Filed09/21/13 Page3 of 32

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His standard billable rate of $300 per hour is consistent with comparable prevailing hourly rates in

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the community and I believe it is a fair and reasonable rate for the services rendered in this case.

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6.

As shown on the attached statements, I spent 41.1 hours to date as a result of the

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removal/remand, the motion to dismiss subsequently rendered moot by remand, and this motion

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for fees, which totals $14,385.00 at my normal billable rate. (See Exhibit B-3.)

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7.

As shown on the attached statements, on information and belief Christopher

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Schweickert spent 46.5 hours researching and preparing the motion to remand and addressing the

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now-moot motion to dismiss and this motion for fees, which totals $13,950.00 at his normal

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billable rate. (See Exhibit B-3.)

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8.

Therefore, as result of the removal, in having to respond thereto including meeting

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court requirements and researching and preparing the motion to remand, Petitioner FONG has

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incurred attorney fees of $28,335.00.

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9.

In addition, I expect to spend another 3.0 hours analyzing the opposition papers and

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preparing a reply, and 3.0 hours attending the hearing, for a total of 6.0 more hours, or $2,100.00

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at my normal billable rate. I also expect Christopher Schweickert to spend another 3.0 hours

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addressing the opposition and reply, for a total of $900.00 at his normal billable rate, or a total of

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$3,000.00 more for the rest of this motion for fees.

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10.

Therefore, as a result of the removal, including the motion to remand and this

motion for fees, Petitioner FONG will incur total attorney fees of approximately $31,335.00.

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I declare under penalty of perjury under the laws of the State of California that the

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foregoing is true and correct and based upon my personal knowledge, except for those matters

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stated on information and belief and I believe those are true.

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/s/
Dated: September 21, 2013

_________________________________________________
Steven N.H. Wood

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DECLARATION OF STEVEN N.H. WOOD IN SUPPORT OF MOTION FOR FEES FOR
REMAND

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Case3:13-cv-03021-EDL Document23-1 Filed09/21/13 Page4 of 32
BERGQUIST, WOOD, MciNTOSH & SETO, LLP
Slip Listing

9/20/2013
1:14 PM

Page

Selection Criteria
Acti .Selection
SlipDate
Time.Selection
Clie.Selection
Clie.Selection
Slip.Classification
Clie.Selection

Include: Legal Services
7/8/2013 - Latest
Include: CJS; SNHW
Include: Fong/Trust
Include: Fong/Trust
Open
Include: FonglTrust

Rate Info - identifies rate source and level
Timekeeper
Slip 10
Activity
Dates and Time
Posting Status
Client
CJrk~ Description
C '25365
TIME
SNHW
7/8/2013
Legal Services
Billed
G:21844
8/5/2013 Fong/Trust
C I ..1t ~ma#4ffiffi-BfH.laf\t-agreeiflg to oeeept-sefVice
)~
tor Pat but not BOB; email to Brilloflt regarding same;
email to Randy regarding same and notice of removal
( to federal court and need for legal research by
Attorne Schweickert re ardin fi htin removal:

Units
DNB Time
Variance
2.30
0,00

Rate
Slip Value
Rate Info
Bill Status
_
350.00 ----80-5-,0-0
T@3

0.00

- 0-2-

(lJ

; emal rom
au regar mg Ing 0 emoval by Brillant
and Court's Order regarding Case Management
Conference and ADR, forward all to Randy via email
with recommendation to fight removal; telephone call
from Randy regarding removal and strategies to
attack; email to Randy confirming plan to attack
removal; email to Attorne Schweickert re arding
rounds for removal;
riC

CD

25376
TIME
SNHW
7/9/2013
Legal Services
Billed
G:21844
8/5/2013 Fong/Trust
Email from and email to Attorney Schweickert
I regarding Motion to Remand; telephone call from
"
Attorney Schweickert regarding Motion to Remand
and allocation of tasks.

0.50
0.00

25398
TIME
CJS
7/9/2013
Legal Services
Billed
G:21844
8/5/2013 Fong/Trust
( ' Emails and confer with Attorney Wood to strategize
motion to remand (understand background facts;
identify grounds to remand; strategize arguments),

0.30
0.00

SNHW
Legal Services
8/5/2013 Fong/Trust

1,30
0.00

CO (
(J)
C'

1

(;i' ')

lY

25383
TIME
7/10/2013
Billed
G:21844
(Gather State court
for Motion to RArnAn,rl'

350.00
T@3

175.00

300.00
T@3

90.00

350,00
T@3

455.00

0.00

0.00

0.00

Exhibit A-01

Case3:13-cv-03021-EDL Document23-1 Filed09/21/13 Page5 of 32
9/20/2013
1:14 PM

BERGQUIST, WOOD, MciNTOSH & SETa, LLP
Slip Listing

Slip 10
Dates and Time
Posting Status
Descri tion
. conference with Attorney
ScliwElic~:erf reqrarclinq Motion to Remand strategy;
to Remand.

(f

Timekeeper
Activity
Client

25399
TIME
CJS
7/10/2013
Legal Services
Billed
G:21844
8/5/2013 Fang/Trust
Prepare motion to remand (confer with Attorney
'1
Wood to identify and formulate key evidence and
exhibits to present via declaration and strategize
(
grounds for remand and points & authorities).

Page

Units
DNB Time

Rate
Rate Info
Bill Status

Slip Value

Variance

0.80
0.00

2

_

300.00
T@3

240.00

350.00
T@3

245.00

350.00
T@3

840.00

300.00
T@3

150.00

300.00
T@3

180.00

300.00
T@3

1020.00

0.00

l'J

25387
7/11/2013

TIME

0.70
0.00
0.00

25392
TIME
SNHW
7/12/2013
Legal Services
Billed
G:21844
8/5/2013 Fong/Trust
Begin to prepare Declaration in Support of Motion for
Remand with Exhibits and background facts;
message from Brillant regarding Stipulation; review
and sign Stipulation re ardin time to res ond and
return to Brillant;

(j)

0
0

2.40
0.00

CJS
TIME
25400
Legal Services
7/12/2013
8/5/2013 Fang/Trust
Billed
G:21844
(ReSearch FRCP 15,28 USC 1447, and Rutter CA
Fed Civ Pro to determine effect of extension on
remand motion; emails with Attorney Wood about
same and attorney's fees request in motion.

0.50
0.00

CJS
TIME
25401
Legal Services
7/13/2013
8/5/2013 Fang/Trust
Billed
G:21844
(' Continue to prepare motion to remand (prepare
introduction and arguments).

0.60
0.00

CJS
TIME
25403
Legal Services
7/14/2013
8/5/2013 Fong/Trust
G:21844
Billed
( Research and analyze grounds for remand in Rutter
CA Fed Civ Pro; prepare arguments (untimely
removal, local defendant, diversity of citizenship,
probate abstention) and draft points & authorities;

0.00

0.00

0.00
3.40
0.00
0.00

Exhibit A-02

Case3:13-cv-03021-EDL Document23-1 Filed09/21/13 Page6 of 32
9/20/2013
1:14 PM

BERGQUIST, WOOD, MciNTOSH & SETO, LLP
Slip Listing

Slip 10
Dates and Time
Posting Status
Description
email to Attorney Wood about same.

Timekeeper
Activity
Client

Page

Units
DNB Time

Rate
Rate Info
Bill Status

Slip Value

Variance

25408
TIME
SNHW
7/15/2013
Legal Services
Billed
G:21844
8/5/2013 Fang/Trust
...,
Email from USDC with filed Stipulation regarding
(I'> Response deadline; email from and email to Attorney
'-./ ( Schweickert regarding jury demand; email from
Attorney Schweickert with draft Motion for Remand.

0.30
0.00

25404
TIME
CJS
7/15/2013
Legal Services
Billed
G:21844
8/5/2013 FonglTrust
(Further research grounds for remand and prepare
arguments (burden of proof on respondents to prove
proper removal; 28 USC 1332,1441,1442,1447 on
removal/diversity/procedural defects, attorney's fees
request; untimely removal; decedent's state as
administrator's; federal abstention under probate
exception); confer with Attorney Wood to strategize
arguments,

2.80
0.00

25410
TIME
SNHW
7/16/2013
Legal Services
G:21844
Billed
8/5/2013 Fang/Trust
Email from Attorney Schweickert with draft 2 Motion
to Remand and further oints to address'

3.30
0.00

3

_

350.00
T@3

105.00

300.00
T@3

840.00

350.00
T@3

1155.00

300.00
T@3

60.00

300,00
T@3

1710.00

0.00

0.00

(i)(

(j

0.00

C with
mal rom
er y In y; U er revise Declaration to include
residences for parties, and Cindy's joinder and email
to Attorney Schweickert with same; email to Attorney
Schweickert regarding Motion for Remand,
Oln

TIME
25414
CJS
Legal Services
7/16/2013
G:21844
8/5/2013 Fang/Trust
Billed
(Further prepare arguments (confer with Attorney
Wood to analyze effect of Cynthia's joinder on
diversity jurisdiction and refine arguments about local
defendant, untimely removal, and probate exception
abstention).

0.20
0.00

CJS
25415
TIME
Legal Services
7/17/2013
G:21844
8/5/2013 Fang/Trust
Billed
, Further prepare motion to remand (revise/refine
arguments on diversity, untimely removal, local
defendant, and probate exception); revise declaration
of Attorney Wood and prepare exhibits; confer with
Attorney Wood about arguments; Further prepare
motion to remand (prepare TOA and TOC; research
judge Laporte's standing order; research local rules

5.70
0.00

0.00

G

(0

0.00

Exhibit A-03

Case3:13-cv-03021-EDL Document23-1 Filed09/21/13 Page7 of 32
BERGQUIST, WOOD, MciNTOSH & SETO, LLP
Slip Listing

9/20/2013
1:14 PM

Timekeeper
Slip 10
Dates and Time
Activity
Posting Status
Client
Description
and conform motion to same; prepare statement of
issues; prepare notice of motion; finalize declaration;
(
finalize motion; email to Attorney Wood).

.~.

I{\

V

Page

Units
DNB Time

1.20
0.00

SNHW
Legal Services
8/5/2013 Fang/Trust

3.90
0.00

TIME
G:21844

Slip Value

Variance

25416
TIME
SNHW
7/17/2013
Legal Services
Billed
G:21844
8/5/2013 Fang/Trust
Further review and revise Declaration for Remand
and email to Attorney Schweickert; email from
Attorney Schweickert with revised Points &
Authorities for Motion for Remand; minor revisions to
( P & As; email to Randy with draft Declaration and P &
As for Motion for Remand for review and input.
25427
7/18/2013
Billed

Rate
Rate Info
Bill Status

4

_

350.00
T@3

420.00

350.00
T@3

1365.00

300.00
T@3

480.00

350.00
T@3

140.00

300.00
T@3

1890.00

0.00

0.00
, review Issue a consen Ing to
agls ra e udge aporte; prepare and file Consent
to Magistrate Judge; continue to review and revise
Declaration and Points & Authorities for Motion for
Remand; conference with Attorney Schweickert
regarding same; email from USDC with notice
Cynthia's Consent to Magistrate.
25473
TIME
CJS
7/18/2013
Legal Services
Billed
G:21844
8/5/2013 Fang/Trust
Prepare declaration supporting request for attorney's
fees; revise and finalize documents and exhibits for
( filing; confer with Attorney Wood to finalize motion.

1.60
0.00

25436
TIME
SNHW
7/19/2013
Legal Services
Billed
G:21844
8/5/2013 Fang/Trust
/~) (COnference with Attorney Schweickert regarding
Motion for Remand, including Request Judicial Notice
and Proposed Order.

0040

25474
TIME
CJS
7/19/2013
Legal Services
Billed
G:21844
8/5/2013 Fang/Trust
Finalize points & authorites: refine/finalize factual
statements and Wood declaration; confirm judge's
standing orders and local rules regarding motion
submission requirements; confer with Attorney Wood
to strategize arguments and refine fact statements;
prepare requests for judicial notice; add citations for
Cal. PrC 1220 service and CCP 350 intitation; skim
case holdings, check citations, and prepare case
summary parantheticals for 26 cited cases on
removal procedure and burdens of proof, diversity
jurisdiction, local defendant rule, and probate
exception; integrate further points, quotes, and

6.30
0.00

L!J

0.00

0.00
0.00

0.00

Exhibit A-04

Case3:13-cv-03021-EDL Document23-1 Filed09/21/13 Page8 of 32
BERGQUIST, WOOD, MciNTOSH & SETO, LLP
Slip Listing

9/20/2013
1:14 PM

ll)r

l!J

Slip 10
Timekeeper
Dates and Time
Activity
Posting Status
Client
Description
(' arguments from cited cases to brief; email to Attorney
Wood about revisions.

Units
DNB Time

3.70
0.00

25475
TIME
CJS
7/22/2013
Legal Services
Billed
G:21844
8/5/2013 Fong/Trust
(Finalize motion for filing (confer with Attorney Wood
to strategize findings in proposed order and finalize
citations and parentheticals; emails with Kim about
filing and chambers copy).

0.70
0.00

~5~

TIME
~S
8/5/2013
Legal Services
Billed
G:21853
8/22/2013 Fong/Trust
Strategize reponse to motion to dismiss and hearing
continuance issues with Attorney Wood and research
( CAND local rules (Rutter CAFEDCIVP ch, 12-C) on
response deadline and continuance procedure;
review opposition to motion to remand and outline
( reply arguments

0.60
0.00

SNHW
25495
TIME
Legal Services
8/5/2013
8/22/2013 Fong/Trust
Billed
G:21853
Email notice from United States District Court (USDC)
of Pat's filing Motion to Dismiss Second Amended
Petition (SAP); email from Brillant requesting
continuance of Motion to Remand hearing;
conference with Attorney Schweickert regarding
response to Motion to Dismiss; email to Brillant with
stipulation to continue and request continuance
Motion to Dismiss deadlines and hearing; email to
Randy regarding same; email from USDC with
Brillant's Opposition to Motion to Remand; forward
same to Randy; email to Attorney Schweickert
regarding prepare Reply to Motion to Remand.

0.30
0.00

',
0
f

(j)

Rate
Rate Info
Bill Status

Slip Value

Variance

25440
TIME
SNHW
7/22/2013
Legal Services
Billed
G:21844
8/5/2013 Fong/Trust
Email from Attorney Schweickert with draft 8 of
Motion to Remand, Declaration of Wood and
Proposed Order; review and revise all; telephone
conference with Attorney Schweickert regarding final
points; finalize and arrange for filing of Motion to
Remand; email to Randy---Motion to Remand filed;
email from court Notice of filed Motion to Remand
and Response deadlines.

D

5

Page

_

350.00
T@3

1295.00

300,00
T@3

210.00

, 300.00
T@3

180.00

350.00
T@3

105,00

350.00
T@3

770,00

0.00

0.00

0.00

0.00

CD (

TIME

2,20
0,00
0.00

Exhibit A-05

Case3:13-cv-03021-EDL Document23-1 Filed09/21/13 Page9 of 32
9/20/2013
1:14 PM

BERGQUIST, WOOD, MciNTOSH & SETa, LLP
Slip Listing

Slip 10
Timekeeper
Dates and Time
Activity
Posting Status
Client
.~
. Description
/-;') (RandY; email to Attorney Schweickert to prepare
17 Stipulation; emaiWfem-8fiJtcmtwith-tet,.".,.-+rr~~Ui?'
Court judge requesting 8/14 heari
a endar
~J J. because removal; tele
all to Tom T. regarding
\:::,tJK same---Ieft
e; email to Brillant regarding letter
to co
erlooking Cindy's Petition; email from and
. ~.ffiaAHef;181 dilly Sallie" conference with
If'[\' (AttorneY Schweickert regarding 1I~!_il'Jjj.JI."'1
(Y Reply for Motion to Remand; emarfrrom"Atforney"'~'"
Schweickert with rules regarding Stipulation and
• Order; review and revise draft Stipulation and Order
from Attorney Schweickert and email same to Brillant
to sign and return.

Page

Units
DNB Time

Rate
Rate Info
Bill Status

6

Slip Value

Variance

_

~

25514
TIME
CJS
8/6/2013
Legal Services
Billed
G:21853
8/22/2013 Fang/Trust
" (EmaiiS about rescheduling hearings; resaarch
/
California Northern District (CAND) local rules on
stipulation/notice/order requirements for same and
email results to Attorney Wood; prepare stipulation to
continue hearings on motion to remand and motion to
(dismiss; Analyze opposition to motion to remand and
strategize response with Attorney Wood.

0.80
0.00

25501
TIME
SNHW
8/7/2013
Legal Services
Billed
G:21853
8/22/2013 Fang/Trust
Email to Brillant regarding Stipulation (2); email from
Brillant agreeing to follow up; conference with
(Attorney Schweickert regarding Reply to Motion to
Remand.

0.40
0.00

&J

300.00
T@3

240.00

350.00
T@3

140.00

350.00
T@3

105.00

350.00
T@3

560.00

0.00

(j)

o
II (
'.
(

~

SNHW
25507
TIME
Legal Services
8/8/2013
Billed
G:21853
8/22/2013 Fang/Trust
(ReCeiVe signed Stipulation and Order from Brlilant via
email, forward same to Randy; arrange for filing same
with court; email from court with notice of filing same,
forward to Randy.

0.30
0.00

25521
TIME
SNHW
8/9/2013
Legal Services
Billed
G:21853
8/22/2013 Fang/Trust
-Review Brillant's Opposition to Motion to Remand in
(prep for our Reply; email to Attorney Schweickert with
points for Reply; conference with and email to
Attorney Schweickert regarding no response to
Stipulation & Order so Motion to Dismiss Opposition
still due Wed 8/14 until hear from Judge; arrange to
( contact judge to rule on Stipulation; telephone call to
Tom T. regarding status aAd~~
.col:lrt regardillg statust email from and email to
f. Attorney Schweickert flushing out issues for Reply to
'-- Motion to Remand.

1.60
0.00

@
'-

"\

III
V
/'.

I )
( ..

/1')

V

0.00

0.00

0.00

Exhibit A-06

Case3:13-cv-03021-EDL Document23-1 Filed09/21/13 Page10 of 32
9/20/2013
1:14 PM

BERGQUIST, WOOD, MciNTOSH & SETO, LLP
Slip Listing

Slip 10
Dates and Time
Posting Status
Description
25518
TIME
8/9/2013
Billed
G:21853
8/22/2013
Begin preparing reply to opposition to motion to
remand: read and analyze opposition brief
arguments; review motion brief; confer with Attorney
Wood to analyze arguments, distill issues, and
identify research issues; research and draft
arguments on diversity (research/cite pleadings),
further joinder not necessary (CCP 378-379, Barak
2006 case, CACIVP ch. 2-C and 9(1)-B), untimely
removal under 1446(b) vs. (c) 30-day/1-year limits
(Ritchey 1998 case on no i-year limit when initial
case removable); lack of evidence of citizenship for
local defendants rule.

Timekeeper
Activity
Client
CJS
Legal Services
Fang/Trust

25519
TIME
CJS
8/10/2013
Legal Services
Billed
G:21853
8/22/2013 Fang/Trust
Further prepare reply brief: examine 28 USC 1446
and recent amendments, Ritchey (1998) and citing
cases, and Rutter CAFEDCIVP ch. 20-7 to draft
arguments about untimely removal; research and
draft arguments about waiver of federal removal;
email to Attorney Wood about section 1446
timeliness issues; research PrC 1220, Rutter
CAFEDCIVP ch. 3-D and 5-A, and Fed. Deposit
(1992) and Broadcast (1987) cases to draft argument
about service accomplished and objections waived;
draft argument about legal rep of estate/trust as
citizen of CA and Respondents' failure to meet
burdens of proof; refine issues statement; check local
rules 7-3 and 7-4 on reply brief requirements; email to
Attorney Wood with latest draft and question about
effect of change from trustee to personal claims.

(0

25528
8/12/2013
Billed

TIME
G:21853

SNHW
Legal Services
8/22/2013 Fang/Trust

Sbk
; emal rom
orney c weickert
ra
ep y or Motion to Remand; email from
Randy regarding status; review and revise draft
Reply; conference with Attorney Schweickert
. 'regarding same; email from USDC with modified
2 ( Stipulation and Order; email from Brillant witl:l notk:e
.of Motion for JudgmeAt-errF'teadtngs all eirrdy's
.Eeti.tio~nt debatit 19 Iller'its; email to
Randy with near-final Reply Brief.

Page

Units
DNB Time

Rate
Rate Info
Bill Status

Slip Value

Variance
4.90 ---=3-:-0""'0-:".0-="0
0.00
T@3

3.70
0.00

300.00
T@3

1110.00

350.00
T@3

2135.00

0.00

6.10
0.00
0.00

(.4-

U
.,-...

1470.00

0.00

Ii ') (Wit

~
o(

7

- 0,3

Exhibit A-07

Case3:13-cv-03021-EDL Document23-1 Filed09/21/13 Page11 of 32
BERGQUIST, WOOD, MciNTOSH & SETa, LLP
Slip Listing

9/20/2013
1:14 PM

Page

Slip ID
Timekeeper
Dates and Time
Activity
Posting Status
Client
Description
25559
TIME
CJS
8/12/2013
Legal Services
Billed
G:21853
8/22/2013 Fong/Trust
Confer with Attorney Wood to revise brief and
prepare arguments emphasizing Respondents' failure
to meet burden of proof and conflation of
diversity/local defendant rules; gather additional cites
to record to support arguments; research and argue
28 USC 1332(c)(2) materials applying rule on
citizenship for diversity in will cases to trust cases;
analyze and and argue application of 1446(b), (c)
untimely removal bar; check/summarize Brown v.
Tokio case holding on same; final revisions to brief;
finalize TOAITOC and submit brief for filing with copy
to client.

Units
DNB Time

25560
TIME
CJS
8/13/2013
Legal Services
Billed
G:21853
8/22/2013 Fong/Trust
Prepare authorities binder for motion argument;
research LR 5-1 and 7-3 requirements and emails to
submit proposed order for motion to remand to court
and chambers copy; emails with Attorney Wood and
research LR's, EDL's standing orders, and universal
standing orders to determine tentative ruling
procedure; identify, assemble, and summarize key
cases, statutes, and materials for motion authorities
binder for oral argument; confer with Kim to assemble
same.

2.10
0.00

25532
TIME
SNHW
Legal Services
8/13/2013
8/22/2013 Fang/Trust
Billed
G:21853
Email from Attorney Schweickert with final Reply filed;
email from USDC with notice of Reply filed and
served; review final Reply---arrange to prepare binder
for Motion to Remand hearing; telephone call from
Randy regarding status includin issues for Motion to
Remand and overall strate ies'

2.10
0.00

(I)

Variance
4.30
0.00

Rate
Rate Info
Bill Status
300.00
T@3

8

Slip Value
--:-::--:-_
1290.00

0.00

300.00
T@3

630.00

350.00
T@3

735,00

350.00
T@3

455.00

0.00

0.00

Q)

25540
8/15/2013
Billed

TIME
G:21853

SNHW
Legal Services
8/22/2013 Fang/Trust

Reeejve--am:I~empt-ory-e~~

~~~Trustees against Judge Castellgwos;1'eCElive and'
,

1.30
0.00
0.00

review Brillant's Motion,Jor-.:h1cfgement on Pleadings
(MJOP) agail}St-GirraYs Petition; email to Randy with
:for-JUdament on Pleadin sand Perem to

mat {)
effley e wale e
al
researc a ac S-QJ1..CAaJ.leng<;,"ie1ep one conference
w~~ar<llng MoIOR <mG-Cbalienger email
Notice from USDC with Robert Fong's consent to
Magistrate Judge,

Exhibit A-08

Case3:13-cv-03021-EDL Document23-1 Filed09/21/13 Page12 of 32
BERGQUIST, WOOD, MciNTOSH & SETO, LLP

9/20/2013
1:14 PM

Slip Listing

Slip 10
Timekeeper
Dates and Time
Activity
Posting Status
Client
Description
25561
TIME
CJS
8/15/2013
Legal Services
Billed
G:21853
8/22/2013 Fang/Trust
Rs¥iew-ehatienge to Juage Castellanos and ~
for Judgment on Pleadings by Respondents ~
emails from Attorney Wood about obje . n to same;
(' \.In research CACIVP CH. 9(1)-0 an
P 170.1, 170.3,
J-Wt.~ 170.6 to determine basis!9J: allenge and potential
grounds to object; ~ch Estate of Lowrie and
Uckter cases al)J:h'elated statutes on basis for
interested j).erSOn standing for petition in response to
moti9JJAdf judgment on pleadings; summarize results
am:temail optioos.lo.Attorney Wood.
25562
8/16/2013
Billed

TIME
G:21853

Gonfe~rney WoOd

'to

CJS
Legal Services
8/22/2013 Fang/Trust
deterffiiAe~f

Page

Units
DNB Time
Variance
1.70
0.00

Rate
Rate Info
Bill Status

9

Slip Value

300.00
T@3

_
510.00

0.00

f.7

3.20
0.00

300,00
T@3

960.00

350.00
T@3

490.00

350,00
T@3

595,00

300,00
T@3

30,00

0,00

challenge and basis for objections to ~rrrPtory
(Ui challenge; examine CCP 170.6(§)(.ctgrounds and
procedure and CACIYP}lrd~pfepare object!on~; email
to Attorney Wood t9~ldentlfy grounds for objections
and refine argunlents; read objections by Attorney
Tagiiarioiafid coordinate objections on jurisdiction,
st§!oclfng, and timeliness; further prepare objections

':I"" '-

a~mafHo-Atto~d.

25542
TIME
SNHW
8/16/2013
Legal Services
Billed
G:21853
8/22/2013 Fong/Trust
f;Jnai.ls-witl+-Attemey-Sehweiolwrt regarding g~
and standing for opposing Brillant's Chal!§.n~o
(\ ..10 Judge Castellanos; message from~T0I1fT. regarding
)....jOf'- Objection to Brillant's Chall§lpge;email from Tom T.
with his Objection; cOnference with Attorney
Schweickert reQ§!rdirlg same and points we want to
make in o~r.objection; telephone conference with
TomI-regarding our Objection; conference with
Attorney..s-chwetckeilio lefimrpoints for Ol3jsGtiQAS.

1.40
0.00

25543
TIME
SNHW
8/19/2013
Legal Services
Billed
G:21853
8/22/2013 Fang/Trust
Beceiye aod.J:<.V,tiew revised Qbjeoti~1'l t~
~ Challenge from Tom I!OlgJiarini; 1'6vrew, revise and file
Objection t() Brillant's Challenge for Randy; email
frol1J ToniI. with further revised and file Objections

1.70
0.00

0,00

0.00

~-Gindy-,

25564
TIME
CJS
8/19/2013
Legal Services
Billed
G:21853
8/22/2013 Fang/Trust
( I I" G.oof~-AllorneyWow to finalize obJections4e1~cballenge; prep<;U:@ proof of service..

0.10
0.00
0.00

Exhibit A-09

Case3:13-cv-03021-EDL Document23-1 Filed09/21/13 Page13 of 32
9/20/2013
1:14 PM
Slip 10
Dates and Time
Posting Status
Description
25583
8/19/2013

BERGQUIST, WOOD, MciNTOSH & SETO, LLP
Slip Listing

Timekeeper
Activity
Client
TIME

CJS
Legal Services
Fong/Trust

WIP

Page

Units
ONB Time
Variance
0.10
0.00

Rate
Rate Info
Bill Status

10

Slip Value

---::-::-::-:-:-

300.00
T@3

30.00

350.00
T@3

490.00

350.00
T@3

35.00

300.00
T@3

30.00

350.00
T@3

1680.00

350.00
T@3

35.00

300.00
T@3

60.00

350.00
T@3

735.00

0.09

(i)

l

25569
8/22/2013
Billed

~D·I
TIME
8:21895

SNHW
Legal Services
9/4/2013 Fong/Trust

1.40
0.00
0.00

Email from Rand

25609
TIME
SNHW
8/29/2013
Legal Services
Billed
8:21895
9/4/2013 Fong/Trust
conference with Attorney Schweickert regarding
. Tentative Ruling and possible decission by USOC on
Motion to Remand without hearing.

0.10
0.00

CJS
25616
TIME
8/29/2013
Legal Services
Billed
8:21895
9/4/2013 Fong/Trust
~ Strategize options for pQ~mptefY ehalleAfje-afl€!-;;yarguments for remand hearing and further fees
request with Attorney Wood.

0.10
0.00

25632
TIME
SNHW
Legal Services
9/3/2013
Fong/Trust
WIP
Prepare for hearing Motion to Remand; travel to and
from hearing Motion to Remand in SF; attend
hearing---matter taken under submission, though
( court leaning toward remand but unsure about fees;
status email to

4.80
0.00

SNHW
Legal Services
Fong/Trust

0.10
0.00

0.00

C

0.00

V\

(0
\

25638
TIME
9/4/2013
WIP
Conference with Attorney Schweickert regarding
Motion to Remand.

fJ' (

\Jl

25653
9/4/2013
WIP

TIME

0.00
CJS
Legal Services
Fong/Trust

A
o

0.20
0.00
0.00

Strk
25672
TIME
9/16/2013
WIP
(TelePhone call to Attorney Schweickert regarding
Opposition to Motion to Dismiss due if no order on

0.00

-O,L
SNHW
Legal Services
FonglTrust

2.10
0.00
0.00

Exhibit A-10

Case3:13-cv-03021-EDL Document23-1 Filed09/21/13 Page14 of 32
9/20/2013
5:08 PM

BERGQUIST, WOOD, MciNTOSH & SETO, LLP
Slip Listing

Timekeeper
Activity
Client

Page

Units
DNB Time

Rate
Rate Info
Bill Status

11

Slip Value

Variance

_

y~

d
same 0 an y an ISCUSS same an s ra egy on
Opposition to Motion to Dismiss---emt Attorney
Schweickert regarding Opposition to Motion to
'Dismiss; email from USDC with Order regarding
motion to Remand; review same; email to Randy and
I;) (AHorne Schweickert re ardin same and Motion for
~
Fees;
,

!-:"

\::J

(j)

25685
TIME
CJS
9/16/2013
Legal Services
Fong/Trust
WIP
Amails and voicemails with Attorney Wood to
( strategize opposition to motion to dismiss; analyze
( order granting motion to remand; prepare opposition
( to motion and email to Attorney Wood.

0.70
0.00

25678
TIME
SNHW
9/17/2013
Legal Services
WIP
Fong/Trust
Email from Attorney Schweickert with draft Opposition
to Motion to Dismiss; revise and email to Attorney
Schweickert with revised Opposition and comments;
email from ~SDC with Noti~e of Rem~~9,t()~t~te
Court· email from and email toRandytlll!• •111

0.90
0.00

®('(
l0
C/

©
~

300.00
T@3

210.00

350.00
T@3

315.00

300.00
T@3

630.00

350.00
T@3

105.00

300.00
T@3

1290.00

0.00

0.00

regar~r~~g~~~~~~~e~~n~~t~~h

Corney c welc e
(to Dismiss and strategies on Motion for Fees; arrange
A (' for filing of Opposition with USDC; email from USDC
\!7 with confirmation Opposition to Motion to Dismiss
filed.
CJS
25686
TIME
Legal Services
9/19/2013
Fong/Trust
WIP
/~ (prepare motion for fees (confer with Attorney Wood
to strategize motion; prepare points & authorities;
prepare declaration).

2.10
0.00

25689
TIME
9/19/2013
WIP
-Reeeive-amtrevtewReply to MJOP by Brillant. ana
foJ:waH;l-iA~email-te-Rafl6y-.-

SNHW
Legal Services
Fong/Trust

0.30
0.00

25693
TIME
9/20/2013
WIP
Further prepare motion for fees (further prepare
9/20/13 points & authorities and declaration of
(
Attorney Wood; prepare fees detail background).

CJS
Legal Services
Fong/Trust

lY

9fI.c
,

0.00

0.00
4.30
0.00
0.00

Exhibit A-11

Case3:13-cv-03021-EDL Document23-1 Filed09/21/13 Page15 of 32
9/20/2013
5:08 PM

Slip 10
Dates and Time
Posting Status
Description
25694
9/20/2013

BERGQUIST, WOOD, MciNTOSH & SETO, LLP
Slip Listing

Timekeeper
Activity
Client
TIME

h\ Revise
lJ; (WIP and finalize Motion for Fees.

SNHW
Legal Services
Fong/Trust

Page

Units
DNB Time
Variance
1.90
0.00

12

Rate
Rate Info
Bill Status

Slip Value

350.00
T@3

665.00

0.00

Grand Total
Billable
Unbillable
Total

100.80
0.00
100.80

32690.00
0.00
32690.00

Exhibit A-12

Case3:13-cv-03021-EDL Document23-1 Filed09/21/13 Page16 of 32

Fong/Trust
Fees for Respondent BEEHLER's removal
Exhibit B-1 - Sort by Chronological Entry

Categories: 1=Removal/Remand
2=Motion to Dismiss
3=Motion for Fees

Category Date
Work
1
7/8/13 Email to Randy regarding [service] and notice of removal
to federal court and need for legal research by
Attorney Schweickert regarding fighting removal;
email from US District Court regarding filing of Removal by
Brillant and Court's Order regarding Case Management
Conference and ADR, forward all to Randy via email
with recommendation to fight removal; telephone call
from Randy regarding removal and strategies to
attack; email to Randy confirming plan to attack
removal; email to Attorney Schweickert regarding
grounds for removal
1
7/9/13 Email from and email to Attorney Schweickert
regarding Motion to Remand; telephone call from
Attorney Schweickert regarding Motion to Remand
and allocation of tasks.
1
7/9/13 Emails and confer with Attorney Wood to strategize
motion to remand (understand background facts;
identify grounds to remand; strategize arguments).
1
7/10/13 Gather State court pleadings to prepare Declaration
for Motion to Remand; conference with Attorney
Schweickert regarding Motion to Remand strategy;
prepare Exhibits for Motion to Remand.
1
7/10/13 Prepare motion to remand (confer with Attorney
Wood to identify and formulate key evidence and
exhibits to present via declaration and strategize
grounds for remand and points & authorities).
1
7/11/13 Email from Brillant regarding responsive pleading
stipulation; email to Brillant regarding same;
receive notice from Brillant regarding federal court via
email; forward same to Randy.
1
7/12/13 Begin to prepare Declaration in Support of Motion for
Remand with Exhibits and background facts;
message from Brillant regarding Stipulation; review
and sign Stipulation regarding time to respond and
return to Brillant; email to Attorney Schweickert
with draft Declaration of Wood in Support of Motion
1
7/12/13 Research FRCP 15, 28 USC 1447, and Rutter CA
Fed Civ Pro to determine effect of extension on
remand motion; emails with Attorney Wood about
same and attorney's fees request in motion.
1
7/13/13 Continue to prepare motion to remand (prepare
introduction and arguments).
1
7/14/13 Research and analyze grounds for remand in Rutter
CA Fed Civ Pro; prepare arguments (untimely
removal, local defendant, diversity of citizenship,
probate abstention) and draft points & authorities;
email to Attorney Wood about same.
1
7/15/13 Email from USDC with filed Stipulation regarding
Response deadline; email from and email to Attorney
Schweickert regarding jury demand; email from
Attorney Schweickert with draft Motion for Remand.

Timekeeper
SNHW

Hours
1.9

Rate
350.00

Value
$665.00

SNHW

0.5

350.00

$175.00

CJS

0.3

300.00

$90.00

SNHW

1.3

350.00

$455.00

CJS

0.8

300.00

$240.00

SNHW

0.7

350.00

$245.00

SNHW

2.4

350.00

$840.00

CJS

0.5

300.00

$150.00

CJS

0.6

300.00

$180.00

CJS

3.4

300.00

$1,020.00

SNHW

0.3

350.00

$105.00

Fong/Trust
Fees for Respondent BEEHLER's removal
Exhibit B-1 - Sort by Chronological Entry
Page 1 of 6

Case3:13-cv-03021-EDL Document23-1 Filed09/21/13 Page17 of 32

1

1

1

1

1

1

1
1
1

7/15/13 Further research grounds for remand and prepare
CJS
arguments (burden of proof on respondents to prove
proper removal; 28 USC 1332,1441,1442,1447 on
removal/diversity/procedural defects; attorney's fees
request; untimely removal; decedent's state as
administrator's; federal abstention under probate
exception); confer with Attorney Wood to strategize
arguments.
7/16/13 Email from Attorney Schweickert with draft 2 Motion
SNHW
to Remand and further points to address;
email from USDC with
Joinder by Cindy; further revise Declaration to include
residences for parties, and Cindy's joinder and email
to Attorney Schweickert with same; email to Attorney
Schweickert regarding Motion for Remand.
7/16/13 Further prepare arguments (confer with Attorney
CJS
Wood to analyze effect of Cynthia's joinder on
diversity jurisdiction and refine arguments about local
defendant, untimely removal, and probate exception
abstention).
7/17/13 Further prepare motion to remand (revise/refine 0.00
CJS
arguments on diversity, untimely removal, local
defendant, and probate exception); revise declaration
of Attorney Wood and prepare exhibits; confer with
Attorney Wood about arguments; Further prepare
motion to remand (prepare TOA and TOC; research
Judge Laporte's standing order; research local rules
and conform motion to same; prepare statement of
issues; prepare notice of motion; finalize declaration;
finalize motion; email to Attorney Wood).
7/17/13 Further review and revise Declaration for Remand
SNHW
and email to Attorney Schweickert; email from
Attorney Schweickert with revised Points &
Authorities for Motion for Remand; minor revisions to
P &As; email to Randy with draft Declaration and P &
As for Motion for Remand for review and input.
7/17/13 Review issue of consenting to
SNHW
Magistrate Judge Laporte; prepare and file Consent
to Magistrate Judge; continue to review and revise
Declaration and Points & Authorities for Motion for
Remand; conference with Attorney Schweickert
regarding same; email from USDC with notice
Cynthia's Consent to Magistrate.
7/18/13 Prepare declaration supporting request for attorney's
CJS
fees; revise and finalize documents and exhibits for
filing; confer with Attorney Wood to finalize motion.
7/18/13 Conference with Attorney Schweickert regarding
SNHW
Motion for Remand, including Request Judicial Notice
and Proposed Order.
7/19/13 Finalize points &authorites: refine/finalize factual
CJS
statements and Wood declaration; confirm judge's
standing orders and local rules regarding motion
submission requirements; confer with Attorney Wood
to strategize arguments and refine fact statements;
prepare requests for judicial notice; add citations for
Cal. PrC 1220 service and CCP 350 intitation; skim
case holdings, check citations, and prepare case
summary parantheticals for 26 cited cases on
removal procedure and burdens of proof, diversity
jurisdiction, local defendant rule, and probate
exception; integrate further points, quotes, and
arguments from cited cases to brief; email to Attorney
Wood about revisions.
Fong/Trust
Fees for Respondent BEEHLER's removal
Exhibit B-1 - Sort by Chronological Entry
Page 2 of 6

2.8

300.00

$840.00

3.3

350.00

$1,155.00

0.2

300.00

$60.00

5.7

300.00

$1,710.00

1.2

350.00

$420.00

3.9

350.00

$1,365.00

1.6

300.00

$480.00

0.4

350.00

$140.00

6.3

300.00

$1,890.00

Case3:13-cv-03021-EDL Document23-1 Filed09/21/13 Page18 of 32

1

1

2

1
2

1

2

2

1
2
1
2

1

7/22/13 Email from Attorney Schweickert with draft 8 of
Motion to Remand, Declaration of Wood and
Proposed Order; review and revise all; telephone
conference with Attorney Schweickert regarding final
points; finalize and arrange for filing of Motion to
Remand; email to RandymMotion to Remand filed;
email from court Notice of filed Motion to Remand
and Response deadlines.
7/22/13 Finalize motion for filing (confer with Attorney Wood
to strategize findings in proposed order and finalize
citations and parentheticals; emails with Kim about
filing and chambers copy).
8/5/13 Strategize reponse to motion to dismiss and hearing
continuance issues with Attorney Wood and research
CAND local rules (Rutter CAFEDCIVP ch. 12-C) on
response deadline and continuance procedure
8/5/13 Review opposition to motion to remand and outline
reply arguments
8/5/13 Email notice from United States District Court (USDC)
of Pat's filing Motion to Dismiss Second Amended
Petition (SAP); email from Brillant requesting
continuance of Motion to Remand hearing;
conference with Attorney Schweickert regarding
response to Motion to Dismiss; email to Brillant with
stipulation to continue and request continuance
Motion to Dismiss deadlines and hearing; email to
Randy regarding same
8/5/13 Email from USDC with
Brillant's Opposition to Motion to Remand; forward
same to Randy; email to Attorney Schweickert
regarding prepare Reply to Motion to Remand.
8/6/13 Email from Brillant agreeing to our extension
request regarding Motion to Dismiss; forward same to
Randy; email to Attorney Schweickert to prepare
Stipulation; conference with Attorney Schweickert
regarding [] Reply for Motion to Remand; email from
Attorney Schweickert with rules regarding Stipulation and
Order; review and revise draft Stipulation and Order
from Attorney Schweickert and email same to Brillant
to sign and return.
8/6/13 Emails about rescheduling hearings; research
California Northern District (CAND) local rules on
stipulation/notice/order requirements for same and
email results to Attorney Wood; prepare stipulation to
continue hearings on motion to remand and motion to
dismiss
8/6/13 Analyze opposition to motion to remand and
strategize response with Attorney Wood
8/7/13 Email to Brillant regarding Stipulation (2); email from
Brillant agreeing to follow up
8/7/13 Conference with Attorney Schweickert regarding Reply to
Motion to Remand
8/8/13 Receive signed Stipulation and Order from Brillant via
email, forward same to Randy; arrange for filing same
with court; email from court with notice of filing same,
forward to Randy
8/9/13 Review Brillant's Opposition to Motion to Remand in
prep for our Reply; email to Attorney Schweickert with
points for Reply

SNHW

3.7

350.00

$1,295.00

CJS

0.7

300.00

$210.00

CJS

0.3

300.00

$90.00

CJS

0.3

300.00

$90.00

SNHW

0.2

350.00

$70.00

SNHW

0.1

350.00

$35.00

SNHW

1.4

350.00

$490.00

CJS

0.6

300.00

$180.00

CJS

0.2

300.00

$60.00

SNHW

0.2

350.00

$70.00

SNHW

0.2

350.00

$70.00

SNHW

0.3

350.00

$105.00

SNHW

0.7

350.00

$245.00

Fong/Trust
Fees for Respondent BEEHLER's removal
Exhibit B-1 - Sort by Chronological Entry
Page 3 of 6

Case3:13-cv-03021-EDL Document23-1 Filed09/21/13 Page19 of 32

2

1
1

1

1

2
1

8/9/13 Conference with and email to
Attorney Schweickert regarding no response to
Stipulation & Order so Motion to Dismiss Opposition
still due Wed 8/14 until hear from Judge; arrange to
contact judge to rule on Stipulation; telephone call to
Tom T. regarding status
8/9/13 Email from and email to Attorney Schweickert flushing out
issues for Reply to Motion to Remand
8/9/13 Begin preparing reply to opposition to motion to
remand: read and analyze opposition brief
arguments; review motion brief; confer with Attorney
Wood to analyze arguments, distill issues, and
identify research issues; research and draft
arguments on diversity (research/cite pleadings),
further joinder not necessary (CCP 378-379, Barak
2006 case, CACIVP ch. 2-C and 9(1)-B), untimely
removal under 1446(b) vs. (c) 30-day/1-year limits
(Ritchey 1998 case on no i-year limit when initial
case removable); lack of evidence of citizenship for
local defendants rule.
8/10/13 Further prepare reply brief: examine 28 USC 1446
and recent amendments, Ritchey (1998) and citing
cases, and Rutter CAFEDCIVP ch. 20-7 to draft
arguments about untimely removal; research and
draft arguments about waiver of federal removal;
email to Attorney Wood about section 1446
timeliness issues; research PrC 1220, Rutter
CAFEDCIVP ch. 3-D and 5-A, and Fed. Deposit
(1992) and Broadcast (1987) cases to draft argument
about service accomplished and objections waived;
draft argument about legal rep of estate/trust as
citizen of CA and Respondents' failure to meet
burdens of proof; refine issues statement; check local
rules 7-3 and 7-4 on reply brief requirements; email to
Attorney Wood with latest draft and question about
effect of change from trustee to personal claims.
8/12/13 Email from Attorney Schweickert
with draft Reply for Motion to Remand; email from
Randy regarding status; Review and revise draft Reply;
conference with Attorney Schweickert regarding same;
email to Randy with near-final Reply brief
8/12/13 Email from USDC with modified Stipulation and Order
8/12/13 Confer with Attorney Wood to revise brief and
prepare arguments emphasizing Respondents' failure
to meet burden of proof and conflation of
diversity/local defendant rules; gather additional cites
to record to support arguments; research and argue
28 USC 1332(c)(2) materials applying rule on
citizenship for diversity in will cases to trust cases;
analyze and and argue application of 1446(b), (c)
untimely removal bar; check/summarize Brown v.
Tokio case holding on same; final revisions to brief;
finalize TOAITOC and submit brief for filing with copy
to client.

SNHW

0.6

350.00

$210.00

SNHW

0.2

350.00

$70.00

CJS

4.9

300.00

$1,470.00

CJS

3.7

300.00

$1,110.00

SNHW

4.4

350.00

$1,540.00

SNHW
CJS

0.1
4.3

350.00
300.00

$35.00
$1,290.00

Fong/Trust
Fees for Respondent BEEHLER's removal
Exhibit B-1 - Sort by Chronological Entry
Page 4 of 6

Case3:13-cv-03021-EDL Document23-1 Filed09/21/13 Page20 of 32

1

1

1
1
1
1
1

1
2

2
3
2
1
2

1

3
3
3

8/13/13 Prepare authorities binder for motion argument;
research LR 5-1 and 7-3 requirements and emails to
submit proposed order for motion to remand to court
and chambers copy; emails with Attorney Wood and
research LR's, EDL's standing orders, and universal
standing orders to determine tentative ruling
procedure; identify, assemble, and summarize key
cases, statutes, and materials for motion authorities
binder for oral argument; confer with Kim to assemble
same.
8/13/13 Email from Attorney Schweickert with final Reply filed;
email from USDC with notice of Reply filed and
served; review final Reply---arrange to prepare binder
for Motion to Remand hearing; telephone call from
Randy regarding status including issues for Motion to
Remand and overall strategies
8/15/13 Email Notice from USDC with Robert Fong's consent to
Magistrate Judge.
8/22/13 Email from Randy []; email to Randy []
8/29/13 Conference with Attorney Schweickert regarding
Tentative Ruling and possible decission by USDC on
Motion to Remand without hearing
8/29/13 Strategize [] arguments for remand hearing and further
fees request with Attorney Wood.
9/3/13 Prepare for hearing Motion to Remand; travel to and
from hearing Motion to Remand in SF; attend
hearing---matter taken under submission, though
court leaning toward remand but unsure about fees;
status email to Randy
9/4/13 Conference with Attorney Schweickert regarding
Motion to Remand
9/16/13 Telephone call to Attorney Schweickert regarding
Opposition to Motion to Dismiss due if no order on Motion
to Remand; forward same to Randy and discuss same and
strategy on Opposition to Motion to Dismiss---emt Attorney
Schweickert regarding Opposition to Motion to Dismiss

CJS

2.1

300.00

$630.00

SNHW

2.1

350.00

$735.00

SNHW

0.1

350.00

$35.00

SNHW
SNHW

1.4
0.1

350.00
350.00

$490.00
$35.00

CJS

0.1

300.00

$30.00

SNHW

4.8

350.00

$1,680.00

SNHW

0.1

350.00

$35.00

SNHW

0.9

350.00

$315.00

9/16/13 Email from USDC with Order regarding
SNHW
motion to Remand; review same
9/16/13 Email to Randy and Attorney Schweickert regarding [email SNHW
from USDC] and Motion for Fees
9/16/13 Emails and voicemails with Attorney Wood to
CJS
strategize opposition to motion to dismiss; prepare
opposition to motion and email to Attorney Wood
9/16/13 Analyze order granting motion to remand
CJS
9/17/13 Email from Attorney Schweickert with draft Opposition
SNHW
to Motion to Dismiss; revise and email to Attorney
Schweickert with revised Opposition and comments;
arrange for filing of Opposition with USDC; email from
USDC with confirmation Opposition to Motion to Dismiss
filed.
9/17/13 Email from USDC with Notice of Remand to State
SNHW
Court; email from and email to Randy []; telephone
conference with Attorney Schweickert regarding Opposition
to Motion to Dismiss
9/17/13 Telephone conference with Attorney Schweickert regarding SNHW
strategies on Motion for Fees
9/19/13 Prepare motion for fees (confer with Attorney Wood
CJS
to strategize motion; prepare points & authorities;
prepare declaration)
9/20/13 Further prepare motion for fees (further prepare points &
CJS
authorities and declaration of Attorney Wood; prepare fees
detail breakdown)
Fong/Trust
Fees for Respondent BEEHLER's removal
Exhibit B-1 - Sort by Chronological Entry
Page 5 of 6

0.4

350.00

$140.00

0.4

350.00

$140.00

0.5

300.00

$150.00

0.2
0.5

300.00
350.00

$60.00
$175.00

0.3

350.00

$105.00

0.1

350.00

$35.00

2.1

300.00

$630.00

4.3

300.00

$1,290.00

Case3:13-cv-03021-EDL Document23-1 Filed09/21/13 Page21 of 32

3

9/20/13 Revise and finalize Motion for Fees

SNHW

Totals

1.9
87.6

Fong/Trust
Fees for Respondent BEEHLER's removal
Exhibit B-1 - Sort by Chronological Entry
Page 6 of 6

350.00

$665.00
$28,335.00

Case3:13-cv-03021-EDL Document23-1 Filed09/21/13 Page22 of 32

Fong/Trust
Fees for Respondent BEEHLER's removal
Exhibit B-2 - Sort by Category

Categories: 1=Removal/Remand
2=Motion to Dismiss
3=Motion for Fees

Category Date
Work
1
7/8/13 Email to Randy regarding [service] and notice of removal
to federal court and need for legal research by
Attorney Schweickert regarding fighting removal;
email from US District Court regarding filing of Removal by
Brillant and Court's Order regarding Case Management
Conference and ADR, forward all to Randy via email
with recommendation to fight removal; telephone call
from Randy regarding removal and strategies to
attack; email to Randy confirming plan to attack
removal; email to Attorney Schweickert regarding
grounds for removal
1
7/9/13 Email from and email to Attorney Schweickert
regarding Motion to Remand; telephone call from
Attorney Schweickert regarding Motion to Remand
and allocation of tasks.
1
7/9/13 Emails and confer with Attorney Wood to strategize
motion to remand (understand background facts;
identify grounds to remand; strategize arguments).
1
7/10/13 Gather State court pleadings to prepare Declaration
for Motion to Remand; conference with Attorney
Schweickert regarding Motion to Remand strategy;
prepare Exhibits for Motion to Remand.
1
7/10/13 Prepare motion to remand (confer with Attorney
Wood to identify and formulate key evidence and
exhibits to present via declaration and strategize
grounds for remand and points & authorities).
1
7/11/13 Email from Brillant regarding responsive pleading
stipulation; email to Brillant regarding same;
receive notice from Brillant regarding federal court via
email; forward same to Randy.
1
7/12/13 Begin to prepare Declaration in Support of Motion for
Remand with Exhibits and background facts;
message from Brillant regarding Stipulation; review
and sign Stipulation regarding time to respond and
return to Brillant; email to Attorney Schweickert
with draft Declaration of Wood in Support of Motion
1
7/12/13 Research FRCP 15, 28 USC 1447, and Rutter CA
Fed Civ Pro to determine effect of extension on
remand motion; emails with Attorney Wood about
same and attorney's fees request in motion.
1
7/13/13 Continue to prepare motion to remand (prepare
introduction and arguments).
1
7/14/13 Research and analyze grounds for remand in Rutter
CA Fed Civ Pro; prepare arguments (untimely
removal, local defendant, diversity of citizenship,
probate abstention) and draft points & authorities;
email to Attorney Wood about same.
1
7/15/13 Email from USDC with filed Stipulation regarding
Response deadline; email from and email to Attorney
Schweickert regarding jury demand; email from
Attorney Schweickert with draft Motion for Remand.

Timekeeper
SNHW

Hours
1.9

Rate
350.00

Value
$665.00

SNHW

0.5

350.00

$175.00

CJS

0.3

300.00

$90.00

SNHW

1.3

350.00

$455.00

CJS

0.8

300.00

$240.00

SNHW

0.7

350.00

$245.00

SNHW

2.4

350.00

$840.00

CJS

0.5

300.00

$150.00

CJS

0.6

300.00

$180.00

CJS

3.4

300.00

$1,020.00

SNHW

0.3

350.00

$105.00

Fong/Trust
Fees for Respondent BEEHLER's removal
Exhibit B-2 - Sort by Category

Page
 1
 of
 6

Case3:13-cv-03021-EDL Document23-1 Filed09/21/13 Page23 of 32

1

1

1

1

1

1

1
1

7/15/13 Further research grounds for remand and prepare
arguments (burden of proof on respondents to prove
proper removal; 28 USC 1332,1441,1442,1447 on
removal/diversity/procedural defects; attorney's fees
request; untimely removal; decedent's state as
administrator's; federal abstention under probate
exception); confer with Attorney Wood to strategize
arguments.
7/16/13 Email from Attorney Schweickert with draft 2 Motion
to Remand and further points to address;
email from USDC with
Joinder by Cindy; further revise Declaration to include
residences for parties, and Cindy's joinder and email
to Attorney Schweickert with same; email to Attorney
Schweickert regarding Motion for Remand.
7/16/13 Further prepare arguments (confer with Attorney
Wood to analyze effect of Cynthia's joinder on
diversity jurisdiction and refine arguments about local
defendant, untimely removal, and probate exception
abstention).
7/17/13 Further prepare motion to remand (revise/refine 0.00
arguments on diversity, untimely removal, local
defendant, and probate exception); revise declaration
of Attorney Wood and prepare exhibits; confer with
Attorney Wood about arguments; Further prepare
motion to remand (prepare TOA and TOC; research
Judge Laporte's standing order; research local rules
and conform motion to same; prepare statement of
issues; prepare notice of motion; finalize declaration;
finalize motion; email to Attorney Wood).
7/17/13 Further review and revise Declaration for Remand
and email to Attorney Schweickert; email from
Attorney Schweickert with revised Points &
Authorities for Motion for Remand; minor revisions to
P &As; email to Randy with draft Declaration and P &
As for Motion for Remand for review and input.
7/17/13 Review issue of consenting to
Magistrate Judge Laporte; prepare and file Consent
to Magistrate Judge; continue to review and revise
Declaration and Points & Authorities for Motion for
Remand; conference with Attorney Schweickert
regarding same; email from USDC with notice
Cynthia's Consent to Magistrate.
7/18/13 Prepare declaration supporting request for attorney's
fees; revise and finalize documents and exhibits for
filing; confer with Attorney Wood to finalize motion.
7/18/13 Conference with Attorney Schweickert regarding
Motion for Remand, including Request Judicial Notice
and Proposed Order.

CJS

2.8

300.00

$840.00

SNHW

3.3

350.00

$1,155.00

CJS

0.2

300.00

$60.00

CJS

5.7

300.00

$1,710.00

SNHW

1.2

350.00

$420.00

SNHW

3.9

350.00

$1,365.00

CJS

1.6

300.00

$480.00

SNHW

0.4

350.00

$140.00

Fong/Trust
Fees for Respondent BEEHLER's removal
Exhibit B-2 - Sort by Category

Page
 2
 of
 6

Case3:13-cv-03021-EDL Document23-1 Filed09/21/13 Page24 of 32

1

1

1

1
1

1
1
1
1
1

7/19/13 Finalize points &authorites: refine/finalize factual
statements and Wood declaration; confirm judge's
standing orders and local rules regarding motion
submission requirements; confer with Attorney Wood
to strategize arguments and refine fact statements;
prepare requests for judicial notice; add citations for
Cal. PrC 1220 service and CCP 350 intitation; skim
case holdings, check citations, and prepare case
summary parantheticals for 26 cited cases on
removal procedure and burdens of proof, diversity
jurisdiction, local defendant rule, and probate
exception; integrate further points, quotes, and
arguments from cited cases to brief; email to Attorney
Wood about revisions.
7/22/13 Email from Attorney Schweickert with draft 8 of
Motion to Remand, Declaration of Wood and
Proposed Order; review and revise all; telephone
conference with Attorney Schweickert regarding final
points; finalize and arrange for filing of Motion to
Remand; email to RandymMotion to Remand filed;
email from court Notice of filed Motion to Remand
and Response deadlines.
7/22/13 Finalize motion for filing (confer with Attorney Wood
to strategize findings in proposed order and finalize
citations and parentheticals; emails with Kim about
filing and chambers copy).
8/5/13 Review opposition to motion to remand and outline
reply arguments
8/5/13 Email from USDC with
Brillant's Opposition to Motion to Remand; forward
same to Randy; email to Attorney Schweickert
regarding prepare Reply to Motion to Remand.
8/6/13 Analyze opposition to motion to remand and
strategize response with Attorney Wood
8/7/13 Conference with Attorney Schweickert regarding Reply to
Motion to Remand
8/9/13 Review Brillant's Opposition to Motion to Remand in
prep for our Reply; email to Attorney Schweickert with
points for Reply
8/9/13 Email from and email to Attorney Schweickert flushing out
issues for Reply to Motion to Remand
8/9/13 Begin preparing reply to opposition to motion to
remand: read and analyze opposition brief
arguments; review motion brief; confer with Attorney
Wood to analyze arguments, distill issues, and
identify research issues; research and draft
arguments on diversity (research/cite pleadings),
further joinder not necessary (CCP 378-379, Barak
2006 case, CACIVP ch. 2-C and 9(1)-B), untimely
removal under 1446(b) vs. (c) 30-day/1-year limits
(Ritchey 1998 case on no i-year limit when initial
case removable); lack of evidence of citizenship for
local defendants rule.

CJS

6.3

300.00

$1,890.00

SNHW

3.7

350.00

$1,295.00

CJS

0.7

300.00

$210.00

CJS

0.3

300.00

$90.00

SNHW

0.1

350.00

$35.00

CJS

0.2

300.00

$60.00

SNHW

0.2

350.00

$70.00

SNHW

0.7

350.00

$245.00

SNHW

0.2

350.00

$70.00

CJS

4.9

300.00

$1,470.00

Fong/Trust
Fees for Respondent BEEHLER's removal
Exhibit B-2 - Sort by Category

Page
 3
 of
 6

Case3:13-cv-03021-EDL Document23-1 Filed09/21/13 Page25 of 32

1

1

1

1

1

1
1
1
1
1

8/10/13 Further prepare reply brief: examine 28 USC 1446
and recent amendments, Ritchey (1998) and citing
cases, and Rutter CAFEDCIVP ch. 20-7 to draft
arguments about untimely removal; research and
draft arguments about waiver of federal removal;
email to Attorney Wood about section 1446
timeliness issues; research PrC 1220, Rutter
CAFEDCIVP ch. 3-D and 5-A, and Fed. Deposit
(1992) and Broadcast (1987) cases to draft argument
about service accomplished and objections waived;
draft argument about legal rep of estate/trust as
citizen of CA and Respondents' failure to meet
burdens of proof; refine issues statement; check local
rules 7-3 and 7-4 on reply brief requirements; email to
Attorney Wood with latest draft and question about
effect of change from trustee to personal claims.
8/12/13 Email from Attorney Schweickert
with draft Reply for Motion to Remand; email from
Randy regarding status; Review and revise draft Reply;
conference with Attorney Schweickert regarding same;
email to Randy with near-final Reply brief
8/12/13 Confer with Attorney Wood to revise brief and
prepare arguments emphasizing Respondents' failure
to meet burden of proof and conflation of
diversity/local defendant rules; gather additional cites
to record to support arguments; research and argue
28 USC 1332(c)(2) materials applying rule on
citizenship for diversity in will cases to trust cases;
analyze and and argue application of 1446(b), (c)
untimely removal bar; check/summarize Brown v.
Tokio case holding on same; final revisions to brief;
finalize TOAITOC and submit brief for filing with copy
to client.
8/13/13 Prepare authorities binder for motion argument;
research LR 5-1 and 7-3 requirements and emails to
submit proposed order for motion to remand to court
and chambers copy; emails with Attorney Wood and
research LR's, EDL's standing orders, and universal
standing orders to determine tentative ruling
procedure; identify, assemble, and summarize key
cases, statutes, and materials for motion authorities
binder for oral argument; confer with Kim to assemble
same.
8/13/13 Email from Attorney Schweickert with final Reply filed;
email from USDC with notice of Reply filed and
served; review final Reply---arrange to prepare binder
for Motion to Remand hearing; telephone call from
Randy regarding status including issues for Motion to
Remand and overall strategies
8/15/13 Email Notice from USDC with Robert Fong's consent to
Magistrate Judge.
8/22/13 Email from Randy []; email to Randy []
8/29/13 Conference with Attorney Schweickert regarding
Tentative Ruling and possible decission by USDC on
Motion to Remand without hearing
8/29/13 Strategize [] arguments for remand hearing and further
fees request with Attorney Wood.
9/3/13 Prepare for hearing Motion to Remand; travel to and
from hearing Motion to Remand in SF; attend
hearing---matter taken under submission, though
court leaning toward remand but unsure about fees;
status email to Randy
Fong/Trust

CJS

3.7

300.00

$1,110.00

SNHW

4.4

350.00

$1,540.00

CJS

4.3

300.00

$1,290.00

CJS

2.1

300.00

$630.00

SNHW

2.1

350.00

$735.00

SNHW

0.1

350.00

$35.00

SNHW
SNHW

1.4
0.1

350.00
350.00

$490.00
$35.00

CJS

0.1

300.00

$30.00

SNHW

4.8

350.00

$1,680.00

Fees for Respondent BEEHLER's removal
Exhibit B-2 - Sort by Category

Page
 4
 of
 6

Case3:13-cv-03021-EDL Document23-1 Filed09/21/13 Page26 of 32

1
1
1

9/4/13 Conference with Attorney Schweickert regarding
Motion to Remand
9/16/13 Analyze order granting motion to remand
9/17/13 Email from USDC with Notice of Remand to State
Court; email from and email to Randy []; telephone
conference with Attorney Schweickert regarding
Opposition to Motion to Dismiss

SNHW

0.1

350.00

$35.00

CJS
SNHW

0.2
0.3

300.00
350.00

$60.00
$105.00

Total

2

2

2

2

2
2

2

2
2

2

72.8

########

8/5/13 Strategize reponse to motion to dismiss and hearing
continuance issues with Attorney Wood and research
CAND local rules (Rutter CAFEDCIVP ch. 12-C) on
response deadline and continuance procedure
8/5/13 Email notice from United States District Court (USDC)
of Pat's filing Motion to Dismiss Second Amended
Petition (SAP); email from Brillant requesting
continuance of Motion to Remand hearing;
conference with Attorney Schweickert regarding
response to Motion to Dismiss; email to Brillant with
stipulation to continue and request continuance
Motion to Dismiss deadlines and hearing; email to
Randy regarding same
8/6/13 Email from Brillant agreeing to our extension
request regarding Motion to Dismiss; forward same to
Randy; email to Attorney Schweickert to prepare
Stipulation; conference with Attorney Schweickert
regarding [] Reply for Motion to Remand; email from
Attorney Schweickert with rules regarding Stipulation and
Order; review and revise draft Stipulation and Order
from Attorney Schweickert and email same to Brillant
to sign and return.
8/6/13 Emails about rescheduling hearings; research
California Northern District (CAND) local rules on
stipulation/notice/order requirements for same and
email results to Attorney Wood; prepare stipulation to
continue hearings on motion to remand and motion to
dismiss
8/7/13 Email to Brillant regarding Stipulation (2); email from
Brillant agreeing to follow up
8/8/13 Receive signed Stipulation and Order from Brillant via
email, forward same to Randy; arrange for filing same
with court; email from court with notice of filing same,
forward to Randy
8/9/13 Conference with and email to
Attorney Schweickert regarding no response to
Stipulation & Order so Motion to Dismiss Opposition
still due Wed 8/14 until hear from Judge; arrange to
contact judge to rule on Stipulation; telephone call to
Tom T. regarding status
8/12/13 Email from USDC with modified Stipulation and Order
9/16/13 Telephone call to Attorney Schweickert regarding
Opposition to Motion to Dismiss due if no order on Motion
to Remand; forward same to Randy and discuss same and
strategy on Opposition to Motion to Dismiss---emt Attorney
Schweickert regarding Opposition to Motion to Dismiss

CJS

0.3

300.00

$90.00

SNHW

0.2

350.00

$70.00

SNHW

1.4

350.00

$490.00

CJS

0.6

300.00

$180.00

SNHW

0.2

350.00

$70.00

SNHW

0.3

350.00

$105.00

SNHW

0.6

350.00

$210.00

SNHW
SNHW

0.1
0.9

350.00
350.00

$35.00
$315.00

9/16/13 Email from USDC with Order regarding
motion to Remand; review same

SNHW

0.4

350.00

$140.00

Fong/Trust
Fees for Respondent BEEHLER's removal
Exhibit B-2 - Sort by Category

Page
 5
 of
 6

Case3:13-cv-03021-EDL Document23-1 Filed09/21/13 Page27 of 32

2
2

9/16/13 Emails and voicemails with Attorney Wood to
strategize opposition to motion to dismiss; prepare
opposition to motion and email to Attorney Wood
9/17/13 Email from Attorney Schweickert with draft Opposition
to Motion to Dismiss; revise and email to Attorney
Schweickert with revised Opposition and comments;
arrange for filing of Opposition with USDC; email from
USDC with confirmation Opposition to Motion to Dismiss
filed.

CJS

0.5

300.00

$150.00

SNHW

0.5

350.00

$175.00

Total

3
3
3
3
3

6.0

9/16/13 Email to Randy and Attorney Schweickert regarding [email
from USDC] and Motion for Fees
9/17/13 Telephone conference with Attorney Schweickert regarding
strategies on Motion for Fees
9/19/13 Prepare motion for fees (confer with Attorney Wood
to strategize motion; prepare points & authorities;
prepare declaration)
9/20/13 Revise and finalize Motion for Fees
9/20/13 Further prepare motion for fees (further prepare points &
authorities and declaration of Attorney Wood; prepare fees
detail breakdown)

SNHW

0.4

350.00

$140.00

SNHW

0.1

350.00

$35.00

CJS

2.1

300.00

$630.00

SNHW
CJS

1.9
4.3

350.00
300.00

$665.00
$1,290.00

Total

8.8

Fong/Trust
Fees for Respondent BEEHLER's removal
Exhibit B-2 - Sort by Category

Page
 6
 of
 6

$2,030.00

$2,760.00

Case3:13-cv-03021-EDL Document23-1 Filed09/21/13 Page28 of 32

Fong/Trust
Fees for Respondent BEEHLER's removal
Exhibit B-3 - Sort by Attorney

Categories: 1=Removal/Remand
2=Motion to Dismiss
3=Motion for Fees

Category Date
Work
Timekeeper
1
7/8/13 Email to Randy regarding [service] and notice of removal
SNHW
to federal court and need for legal research by
Attorney Schweickert regarding fighting removal;
email from US District Court regarding filing of Removal by
Brillant and Court's Order regarding Case Management
Conference and ADR, forward all to Randy via email
with recommendation to fight removal; telephone call
from Randy regarding removal and strategies to
attack; email to Randy confirming plan to attack
removal; email to Attorney Schweickert regarding
grounds for removal
1
7/9/13 Email from and email to Attorney Schweickert
SNHW
regarding Motion to Remand; telephone call from
Attorney Schweickert regarding Motion to Remand
and allocation of tasks.
1
7/10/13 Gather State court pleadings to prepare Declaration
SNHW
for Motion to Remand; conference with Attorney
Schweickert regarding Motion to Remand strategy;
prepare Exhibits for Motion to Remand.
1
7/11/13 Email from Brillant regarding responsive pleading
SNHW
stipulation; email to Brillant regarding same;
receive notice from Brillant regarding federal court via
email; forward same to Randy.
1
7/12/13 Begin to prepare Declaration in Support of Motion for
SNHW
Remand with Exhibits and background facts;
message from Brillant regarding Stipulation; review
and sign Stipulation regarding time to respond and
return to Brillant; email to Attorney Schweickert
with draft Declaration of Wood in Support of Motion
1
7/15/13 Email from USDC with filed Stipulation regarding
SNHW
Response deadline; email from and email to Attorney
Schweickert regarding jury demand; email from
Attorney Schweickert with draft Motion for Remand.
1
7/16/13 Email from Attorney Schweickert with draft 2 Motion
SNHW
to Remand and further points to address;
email from USDC with
Joinder by Cindy; further revise Declaration to include
residences for parties, and Cindy's joinder and email
to Attorney Schweickert with same; email to Attorney
Schweickert regarding Motion for Remand.
1
7/17/13 Further review and revise Declaration for Remand
SNHW
and email to Attorney Schweickert; email from
Attorney Schweickert with revised Points &
Authorities for Motion for Remand; minor revisions to
P &As; email to Randy with draft Declaration and P &
As for Motion for Remand for review and input.
1
7/17/13 Review issue of consenting to
SNHW
Magistrate Judge Laporte; prepare and file Consent
to Magistrate Judge; continue to review and revise
Declaration and Points & Authorities for Motion for
Remand; conference with Attorney Schweickert
regarding same; email from USDC with notice
Cynthia's Consent to Magistrate.
1
7/18/13 Conference with Attorney Schweickert regarding
SNHW
Motion for Remand, including Request Judicial Notice
and Proposed Order.
Fong/Trust
Fees for Respondent BEEHLER's removal
Exhibit B-3 - Sort by Attorney

Page
 1
 of
 5

Hours
1.9

Rate
350.00

Value
$665.00

0.5

350.00

$175.00

1.3

350.00

$455.00

0.7

350.00

$245.00

2.4

350.00

$840.00

0.3

350.00

$105.00

3.3

350.00

$1,155.00

1.2

350.00

$420.00

3.9

350.00

$1,365.00

0.4

350.00

$140.00

Case3:13-cv-03021-EDL Document23-1 Filed09/21/13 Page29 of 32

1

1

1
1
1
1

1

1
1
1
1

1
1

2

7/22/13 Email from Attorney Schweickert with draft 8 of
Motion to Remand, Declaration of Wood and
Proposed Order; review and revise all; telephone
conference with Attorney Schweickert regarding final
points; finalize and arrange for filing of Motion to
Remand; email to RandymMotion to Remand filed;
email from court Notice of filed Motion to Remand
and Response deadlines.
8/5/13 Email from USDC with
Brillant's Opposition to Motion to Remand; forward
same to Randy; email to Attorney Schweickert
regarding prepare Reply to Motion to Remand.
8/7/13 Conference with Attorney Schweickert regarding Reply to
Motion to Remand
8/9/13 Review Brillant's Opposition to Motion to Remand in
prep for our Reply; email to Attorney Schweickert with
points for Reply
8/9/13 Email from and email to Attorney Schweickert flushing out
issues for Reply to Motion to Remand
8/12/13 Email from Attorney Schweickert
with draft Reply for Motion to Remand; email from
Randy regarding status; Review and revise draft Reply;
conference with Attorney Schweickert regarding same;
email to Randy with near-final Reply brief
8/13/13 Email from Attorney Schweickert with final Reply filed;
email from USDC with notice of Reply filed and
served; review final Reply---arrange to prepare binder
for Motion to Remand hearing; telephone call from
Randy regarding status including issues for Motion to
Remand and overall strategies
8/15/13 Email Notice from USDC with Robert Fong's consent to
Magistrate Judge.
8/22/13 Email from Randy []; email to Randy []
8/29/13 Conference with Attorney Schweickert regarding
Tentative Ruling and possible decission by USDC on
Motion to Remand without hearing
9/3/13 Prepare for hearing Motion to Remand; travel to and
from hearing Motion to Remand in SF; attend
hearing---matter taken under submission, though
court leaning toward remand but unsure about fees;
status email to Randy
9/4/13 Conference with Attorney Schweickert regarding
Motion to Remand
9/17/13 Email from USDC with Notice of Remand to State
Court; email from and email to Randy []; telephone
conference with Attorney Schweickert regarding Opposition
to Motion to Dismiss
8/5/13 Email notice from United States District Court (USDC)
of Pat's filing Motion to Dismiss Second Amended
Petition (SAP); email from Brillant requesting
continuance of Motion to Remand hearing;
conference with Attorney Schweickert regarding
response to Motion to Dismiss; email to Brillant with
stipulation to continue and request continuance
Motion to Dismiss deadlines and hearing; email to
Randy regarding same

SNHW

3.7

350.00

$1,295.00

SNHW

0.1

350.00

$35.00

SNHW

0.2

350.00

$70.00

SNHW

0.7

350.00

$245.00

SNHW

0.2

350.00

$70.00

SNHW

4.4

350.00

$1,540.00

SNHW

2.1

350.00

$735.00

SNHW

0.1

350.00

$35.00

SNHW
SNHW

1.4
0.1

350.00
350.00

$490.00
$35.00

SNHW

4.8

350.00

$1,680.00

SNHW

0.1

350.00

$35.00

SNHW

0.3

350.00

$105.00

SNHW

0.2

350.00

$70.00

Fong/Trust
Fees for Respondent BEEHLER's removal
Exhibit B-3 - Sort by Attorney

Page
 2
 of
 5

Case3:13-cv-03021-EDL Document23-1 Filed09/21/13 Page30 of 32

2

2
2

2

2
2

2
2

3
3
3

8/6/13 Email from Brillant agreeing to our extension
request regarding Motion to Dismiss; forward same to
Randy; email to Attorney Schweickert to prepare
Stipulation; conference with Attorney Schweickert
regarding [] Reply for Motion to Remand; email from
Attorney Schweickert with rules regarding Stipulation and
Order; review and revise draft Stipulation and Order
from Attorney Schweickert and email same to Brillant
to sign and return.
8/7/13 Email to Brillant regarding Stipulation (2); email from
Brillant agreeing to follow up
8/8/13 Receive signed Stipulation and Order from Brillant via
email, forward same to Randy; arrange for filing same
with court; email from court with notice of filing same,
forward to Randy
8/9/13 Conference with and email to
Attorney Schweickert regarding no response to
Stipulation & Order so Motion to Dismiss Opposition
still due Wed 8/14 until hear from Judge; arrange to
contact judge to rule on Stipulation; telephone call to
Tom T. regarding status
8/12/13 Email from USDC with modified Stipulation and Order
9/16/13 Telephone call to Attorney Schweickert regarding
Opposition to Motion to Dismiss due if no order on Motion
to Remand; forward same to Randy and discuss same and
strategy on Opposition to Motion to Dismiss---emt Attorney
Schweickert regarding Opposition to Motion to Dismiss

SNHW

1.4

350.00

$490.00

SNHW

0.2

350.00

$70.00

SNHW

0.3

350.00

$105.00

SNHW

0.6

350.00

$210.00

SNHW
SNHW

0.1
0.9

350.00
350.00

$35.00
$315.00

9/16/13 Email from USDC with Order regarding
motion to Remand; review same
9/17/13 Email from Attorney Schweickert with draft Opposition
to Motion to Dismiss; revise and email to Attorney
Schweickert with revised Opposition and comments;
arrange for filing of Opposition with USDC; email from
USDC with confirmation Opposition to Motion to Dismiss
filed.
9/16/13 Email to Randy and Attorney Schweickert regarding [email
from USDC] and Motion for Fees
9/17/13 Telephone conference with Attorney Schweickert regarding
strategies on Motion for Fees
9/20/13 Revise and finalize Motion for Fees

SNHW

0.4

350.00

$140.00

SNHW

0.5

350.00

$175.00

SNHW

0.4

350.00

$140.00

SNHW

0.1

350.00

$35.00

SNHW

1.9

350.00

$665.00

Total
1
1

1

1
1

41.1

7/9/13 Emails and confer with Attorney Wood to strategize
CJS
motion to remand (understand background facts;
identify grounds to remand; strategize arguments).
7/10/13 Prepare motion to remand (confer with Attorney
CJS
Wood to identify and formulate key evidence and
exhibits to present via declaration and strategize
grounds for remand and points & authorities).
7/12/13 Research FRCP 15, 28 USC 1447, and Rutter CA
CJS
Fed Civ Pro to determine effect of extension on
remand motion; emails with Attorney Wood about
same and attorney's fees request in motion.
7/13/13 Continue to prepare motion to remand (prepare
CJS
introduction and arguments).
7/14/13 Research and analyze grounds for remand in Rutter
CJS
CA Fed Civ Pro; prepare arguments (untimely
removal, local defendant, diversity of citizenship,
probate abstention) and draft points & authorities;
email to Attorney Wood about same. Fong/Trust
Fees for Respondent BEEHLER's removal
Exhibit B-3 - Sort by Attorney

Page
 3
 of
 5

$14,385.00

0.3

300.00

$90.00

0.8

300.00

$240.00

0.5

300.00

$150.00

0.6

300.00

$180.00

3.4

300.00

$1,020.00

Case3:13-cv-03021-EDL Document23-1 Filed09/21/13 Page31 of 32

1

1

1

1
1

1

1
1
1

7/15/13 Further research grounds for remand and prepare
arguments (burden of proof on respondents to prove
proper removal; 28 USC 1332,1441,1442,1447 on
removal/diversity/procedural defects; attorney's fees
request; untimely removal; decedent's state as
administrator's; federal abstention under probate
exception); confer with Attorney Wood to strategize
arguments.
7/16/13 Further prepare arguments (confer with Attorney
Wood to analyze effect of Cynthia's joinder on
diversity jurisdiction and refine arguments about local
defendant, untimely removal, and probate exception
abstention).
7/17/13 Further prepare motion to remand (revise/refine 0.00
arguments on diversity, untimely removal, local
defendant, and probate exception); revise declaration
of Attorney Wood and prepare exhibits; confer with
Attorney Wood about arguments; Further prepare
motion to remand (prepare TOA and TOC; research
Judge Laporte's standing order; research local rules
and conform motion to same; prepare statement of
issues; prepare notice of motion; finalize declaration;
finalize motion; email to Attorney Wood).
7/18/13 Prepare declaration supporting request for attorney's
fees; revise and finalize documents and exhibits for
filing; confer with Attorney Wood to finalize motion.
7/19/13 Finalize points &authorites: refine/finalize factual
statements and Wood declaration; confirm judge's
standing orders and local rules regarding motion
submission requirements; confer with Attorney Wood
to strategize arguments and refine fact statements;
prepare requests for judicial notice; add citations for
Cal. PrC 1220 service and CCP 350 intitation; skim
case holdings, check citations, and prepare case
summary parantheticals for 26 cited cases on
removal procedure and burdens of proof, diversity
jurisdiction, local defendant rule, and probate
exception; integrate further points, quotes, and
arguments from cited cases to brief; email to Attorney
Wood about revisions.
7/22/13 Finalize motion for filing (confer with Attorney Wood
to strategize findings in proposed order and finalize
citations and parentheticals; emails with Kim about
filing and chambers copy).
8/5/13 Review opposition to motion to remand and outline
reply arguments
8/6/13 Analyze opposition to motion to remand and
strategize response with Attorney Wood
8/9/13 Begin preparing reply to opposition to motion to
remand: read and analyze opposition brief
arguments; review motion brief; confer with Attorney
Wood to analyze arguments, distill issues, and
identify research issues; research and draft
arguments on diversity (research/cite pleadings),
further joinder not necessary (CCP 378-379, Barak
2006 case, CACIVP ch. 2-C and 9(1)-B), untimely
removal under 1446(b) vs. (c) 30-day/1-year limits
(Ritchey 1998 case on no i-year limit when initial
case removable); lack of evidence of citizenship for
local defendants rule.

CJS

2.8

300.00

$840.00

CJS

0.2

300.00

$60.00

CJS

5.7

300.00

$1,710.00

CJS

1.6

300.00

$480.00

CJS

6.3

300.00

$1,890.00

CJS

0.7

300.00

$210.00

CJS

0.3

300.00

$90.00

CJS

0.2

300.00

$60.00

CJS

4.9

300.00

$1,470.00

Fong/Trust
Fees for Respondent BEEHLER's removal
Exhibit B-3 - Sort by Attorney

Page
 4
 of
 5

Case3:13-cv-03021-EDL Document23-1 Filed09/21/13 Page32 of 32

1

1

1

1
1
2

2

2
3
3

8/10/13 Further prepare reply brief: examine 28 USC 1446
and recent amendments, Ritchey (1998) and citing
cases, and Rutter CAFEDCIVP ch. 20-7 to draft
arguments about untimely removal; research and
draft arguments about waiver of federal removal;
email to Attorney Wood about section 1446
timeliness issues; research PrC 1220, Rutter
CAFEDCIVP ch. 3-D and 5-A, and Fed. Deposit
(1992) and Broadcast (1987) cases to draft argument
about service accomplished and objections waived;
draft argument about legal rep of estate/trust as
citizen of CA and Respondents' failure to meet
burdens of proof; refine issues statement; check local
rules 7-3 and 7-4 on reply brief requirements; email to
Attorney Wood with latest draft and question about
effect of change from trustee to personal claims.
8/12/13 Confer with Attorney Wood to revise brief and
prepare arguments emphasizing Respondents' failure
to meet burden of proof and conflation of
diversity/local defendant rules; gather additional cites
to record to support arguments; research and argue
28 USC 1332(c)(2) materials applying rule on
citizenship for diversity in will cases to trust cases;
analyze and and argue application of 1446(b), (c)
untimely removal bar; check/summarize Brown v.
Tokio case holding on same; final revisions to brief;
finalize TOAITOC and submit brief for filing with copy
to client.
8/13/13 Prepare authorities binder for motion argument;
research LR 5-1 and 7-3 requirements and emails to
submit proposed order for motion to remand to court
and chambers copy; emails with Attorney Wood and
research LR's, EDL's standing orders, and universal
standing orders to determine tentative ruling
procedure; identify, assemble, and summarize key
cases, statutes, and materials for motion authorities
binder for oral argument; confer with Kim to assemble
same.
8/29/13 Strategize [] arguments for remand hearing and further
fees request with Attorney Wood.
9/16/13 Analyze order granting motion to remand
8/5/13 Strategize reponse to motion to dismiss and hearing
continuance issues with Attorney Wood and research
CAND local rules (Rutter CAFEDCIVP ch. 12-C) on
response deadline and continuance procedure
8/6/13 Emails about rescheduling hearings; research
California Northern District (CAND) local rules on
stipulation/notice/order requirements for same and
email results to Attorney Wood; prepare stipulation to
continue hearings on motion to remand and motion to
dismiss
9/16/13 Emails and voicemails with Attorney Wood to
strategize opposition to motion to dismiss; prepare
opposition to motion and email to Attorney Wood
9/19/13 Prepare motion for fees (confer with Attorney Wood
to strategize motion; prepare points & authorities;
prepare declaration)
9/20/13 Further prepare motion for fees (further prepare points &
authorities and declaration of Attorney Wood; prepare fees
detail breakdown)

CJS

3.7

300.00

$1,110.00

CJS

4.3

300.00

$1,290.00

CJS

2.1

300.00

$630.00

CJS

0.1

300.00

$30.00

CJS
CJS

0.2
0.3

300.00
300.00

$60.00
$90.00

CJS

0.6

300.00

$180.00

CJS

0.5

300.00

$150.00

CJS

2.1

300.00

$630.00

CJS

4.3

300.00

$1,290.00

Total

46.5
Fong/Trust
Fees for Respondent BEEHLER's removal
Exhibit B-3 - Sort by Attorney

Page
 5
 of
 5

$13,950.00

Case3:13-cv-03021-EDL Document23-2 Filed09/21/13 Page1 of 2

3

Steven N.H. Wood, Esq. (CA SBN 161291)
BERGQUIST, WOOD, MCINTOSH & SETO, LLP
1470 Maria Lane, Suite 300
Walnut Creek, CA 94596
Telephone:
[phone]
Facsimile:
[phone]

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Attorneys for Petitioner RANDOLPH FONG

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2

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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In the Matter of the FONG FAMILY
LIVING TRUST dated June 15, 1993

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RANDOLPH FONG, Beneficiary,
Petitioner,

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vs.

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Case No. C13-03021 EDL
[Proposed] ORDER FOR FEES FOR
REMAND REMAND
Date:
Time:
Courtroom:
Judge:

October 29, 2013
9:00 a.m.
Courtroom E – 15th Floor
Honorable Elizabeth D. Laporte

PATRICIA BEEHLER, as Co-Trustee
and individually; and ROBERT FONG,
as Co-Trustee and individually,

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Respondents.

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The motion by petitioner RANDOLPH FONG for fees for remand of this case to the
California state probate court following Respondent PATRICIA BEEHLER’s removal came on
regularly for hearing on October 29, 2013, Judge Elizabeth Laporte, presiding.

Petitioner

RANDOLPH FONG appeared by attorney Steven N. H. Wood, Esq. Co-Petitioner CYNTHIA
FONG appeared by attorney Thomas C. Tagliarini, Esq. Respondents PATRICIA BEEHLER and
ROBERT FONG appeared by attorney David Brillant, Esq.

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[Proposed] ORDER

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Case3:13-cv-03021-EDL Document23-2 Filed09/21/13 Page2 of 2

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After reviewing the moving and opposition papers, and evidence and argument submitted

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by counsel, and upon proof being made to the satisfaction of the court, and good cause appearing

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therefor,

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THE COURT FINDS:

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1. Petitioner RANDOLPH FONG incurred $_______________ in fees relating to Respondent

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PATRICIA BEEHLER’s removal.

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IT IS HEREBY ORDERED THAT:

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1. Respondent PATRICIA BEEHLER shall pay the sum of $______________ to Petitioner

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RANDOLPH FONG as just costs and expenses incurred as a result of the removal (28

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U.S.C. § 1447(c)).

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Dated: ______________, 2013

_________________________________________________
UNITED STATES MAGISTRATE JUDGE

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[Proposed] ORDER

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