Grochocinski v. Mayer Brown Rowe & Maw LLP et al

Filing 249

PETITION by Defendants for Attorneys' Fees and Costs (Attachments: # 1 Exhibit A)(Ciszewski, Steven)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
DAVID GROCHOCINSKI, not
individually, but solely in his capacity as
the Chapter 7 Trustee for the bankruptcy
estate of CMGT, INC.,
Plaintiff,
v.
MAYER BROWN ROWE & MAW LLP and
RONALD B. GIVEN,
Defendants.

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No. 06 C 5486
Judge Virginia M. Kendall

DEFENDANTS’ PETITION FOR ATTORNEYS’ FEES AND COSTS
Pursuant to the Court’s Order dated June 30, 2011 (the “June 30 Order”), Defendants
Mayer Brown LLP (formerly known as Mayer Brown Rowe & Maw LLP) and Ronald P. Given
(together, “Defendants”), by their attorneys, Novack and Macey LLP (“Novack and Macey”),
hereby submit their petition for attorneys’ fees and costs to be paid by Edward T. Joyce &
Associates (“Joyce”). In support hereof, Defendants state as follows:
PROCEDURAL HISTORY
1.

On March 31, 2010, the Court granted Defendants’ Motion for Summary Judgment

Based on Their Unclean Hands Defenses. (Dkt. 170-171.)
2.

Thereafter, on April 29, 2010, Defendants filed their Sanctions Motion seeking

sanctions against Plaintiff and Joyce (the “Sanctions Motion”). (Dkt. 176-177.)
3.

On June 30, 2011, the Court granted Defendants’ Sanctions Motion, in part, as to

Joyce. (Dkt. 246-247.) Specifically, the June 30 Order requires Joyce to pay: (a) one-half of
the attorneys’ fees and costs incurred by Defendants in preparing for and taking Plaintiff’s
deposition (the “Deposition”); (b) one-half of the costs incurred by Defendants in connection with

the Deposition; and (c) one-half of the attorneys’ fees and costs incurred by Defendants in bringing
the Sanctions Motion.
DEFENDANTS’ ATTORNEYS’ FEES AND COSTS
4.

The awarded fees and costs Defendants seek are set forth in detail in the Affidavit

by Certification of Steven J. Ciszewski (“Ciszewski Aff. ¶__”), attached hereto as Exhibit A. As
set forth fully therein, Defendants should be awarded fees and costs totaling $37,135.82, as
follows:
Fees related to the Deposition
Costs related to the Deposition
Fees related to the Sanctions
Motion
TOTAL

5.

$10,712.34
$1,438.58
$24,984.90
$37,135.82

The hourly rates charged by Novack and Macey in connection with the Deposition

and Sanctions Motion are consistent with the rates regularly charged (and collected) by Novack
and Macey in legal malpractice actions. These rates are fair and reasonable and within the normal
standards of the Chicago legal community for the type of services provided. (Ciszewski Aff.
¶¶6-8.)
6.

Moreover, the time spent on the Deposition and Sanctions Motion was reasonable

and necessary under the circumstances. (Id. ¶11.)
WHEREFORE, Defendants respectfully request that the Court:
A.

Enter an order granting this Fee Petition;

B.

Order Joyce to reimburse Defendants $37,135.82 for attorneys’ fees and
costs and enter final judgment against Joyce and in favor of Defendants in
that amount; and

C.

Grant Defendants such other and further relief as is appropriate.

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Respectfully submitted,
MAYER BROWN LLP and RONALD B. GIVEN

By:

Stephen Novack
Mitchell L. Marinello
Steven J. Ciszewski
NOVACK AND MACEY LLP
100 N. Riverside Plaza
Chicago, IL 60606
[phone]
Doc. #441977

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/s/ Steven J. Ciszewski
One Of Their Attorneys

CERTIFICATE OF SERVICE
Steven J. Ciszewski, an attorney, hereby certifies that he caused a true and correct copy of
the foregoing Defendants’ Petition for Attorneys’ Fees and Costs to be served through the ECF
system upon the following:
Edward T. Joyce
Arthur W. Aufmann
Robert D. Carroll
Edward T. Joyce & Assoc., P.C.
11 S. LaSalle St.
Chicago, IL 60603
David Morgans
Myers & Miller, LLC
30 N. LaSalle St., Suite 2200
Chicago, IL 60602
and by Federal Express overnight service, upon the following:
Gerard Spehar
1625 Grandview Avenue
Glendale, CA 91201
on this 8th day of July, 2011.

/s/ Steven J. Ciszewski