Sullivan et al v. Erickson Mechanical, Inc

Filing 17

MOTION by Plaintiffs Chicago Journeymen Plumbers' Local Union 130, U.A., Group Legal Services Plan Fund, James T. Sullivan, Plumbers' Pension Fund Local 130, U.A., The Trust Fund For Apprentice and Journeymen Education and Training Local 130 U.A. for judgment (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C through E)(Bedinghaus, Brian)

EXHIBIT C

65100/1119LIT-4741 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION JAMES T. SULLIVAN, etc., Plaintiff, v. ERICKSON MECHANICAL, INC., ) ) ) ) ) ) ) ) ) )

No. 08 C 3285 Judge Kendall Magistrate Judge Denlow

Defendant.

AFFIDAVIT CONCERNING ATTORNEYS' FEES AND COSTS

DOUGLAS A. LINDSAY states that if he were called to testify in the captioned case he would testify as follows: 1. 2. I am an adult and competent. The information contained in this Affidavit is based on my personal knowledge

and the business records of LEWIS, OVERBECK & FURMAN, LLP (Firm). 3. During the course of this litigation, Douglas A. Lindsay, a partner in Firm,

rendered 4.4 hours of legal services to Plaintiff at a rate of $300.00 per hour for a total of $1,320.00. 4. During the course of this litigation, Brian T. Bedinghaus, an associate in Firm,

rendered 16.4 hours of legal services to Plaintiff, at a rate of $170.00 per hour, for a total of $2,788.00. 5 During the course of this litigation, Albert B. Davis, a paralegal in the Firm,

rendered 0.2 hours of legal services to Plaintiff, at a rate of $70.00 per hour, for a total of $14.00. 6. During the course of this litigation, Robert C. Parizek, a paralegal in the

Firm, rendered 2.3 hours of legal services to Plaintiff, at a rate of $85.00 per hour, for a total of

EXHIBIT C-1

Report ID: OT2025 - 25464 Monday, January 05, 2009 Client 65100

Lewis, Overbeck & Furman, LLP Time And Expense Details
Matter 01119 Date [06/03/2008 - 12/31/2008] Matter Reporting Name 4741 Erickson Mechanical Activity Narrative

Client Reporting Name Plumbers 130 Litigation

Billing Timekeeper

Printed By Page

SKOU 1

Unbilled Time Date Timekeeper 12/1/2008 DAL 12/1/2008 BTB 12/2/2008 DAL 12/5/2008 BTB 12/8/2008 DAL 12/8/2008 12/10/2008 12/10/2008 12/12/2008 12/16/2008 Unbilled Time Totals BTB BTB DAL BTB BTB

Lindsay, Douglas A.

Hours Worked 0.10 0.50 0.10 0.10 0.30 0.20 1.20 0.20 0.70 1.10 0.10 4.60 Hours Worked 0.20 0.10 0.30 1.40 0.50 0.90 0.70 0.10 1.30 0.10 1.00

Hours To Bill 0.10 0.50 0.10 0.10 0.30 0.20 1.20 0.20 0.70 1.10 0.10 4.60 Hours On Bill 0.20 0.10 0.30 1.40 0.50 0.90 0.70 0.10 1.30 0.10 1.00

Rate 300.00 170.00 300.00 170.00 300.00 170.00 170.00 300.00 170.00 170.00 170.00

Amount Task $30.00 $85.00 $30.00 $17.00 $90.00 $34.00 $204.00 $60.00 $119.00 $187.00 $17.00 $873.00

12/19/2008 BTB

Conference with Brian T. Bedinghaus regarding case handling Reviewed file for status; conference with Douglas A. Lindsay; email to auditor; phone call from auditor; memo to file Conference with Funds' Field Representative regarding case status Email from auditor Receive and review audit report; conference with Brian T. Bedinghaus regarding case handling Received and reviewed audit report; conference with Douglas A. Lindsay Preparation for and attended court appearance E-notices from court; conference with Brian T. Bedinghaus regarding case status Letter to defendant regarding audit report; conference with Douglas A. Lindsay Voicemail from defendant; reviewed file; phone call to defendant; memo to file; conference with Funds' Field Representative Reviewed file and updated monthly status report

Billed Time Date Timekeeper 6/3/2008 DAL 6/4/2008 DAL 6/5/2008 DAL 6/5/2008 BTB 6/6/2008 BTB 6/6/2008 DAL 6/9/2008 DAL 6/9/2008 6/9/2008 6/17/2008 6/17/2008 BTB RCP DAL RCP

Rate 300.00 300.00 300.00 170.00 170.00 300.00 300.00 170.00 85.00 300.00 85.00

Amount Task $60.00 $30.00 $90.00 $238.00 $85.00 $270.00 $210.00 $17.00 $110.50 $30.00 $85.00

Activity

Narrative Telephone conference with Contractor's representative; conference with Funds' Field Representative Telephone conference with Funds' Field Representative regarding audit/lawsuit Review file; telephone conference with Funds' auditor; memo to file; conference with Brian T. Bedinghaus regarding preparation of lawsuit papers Conference with Douglas A. Lindsay regarding case assignment; reviewed file; prepared lawsuit papers Revised complaint; conference with Douglas A. Lindsay; arranged for filing lawsuit papers Review and revise draft lawsuit papers and conference with Brian T. Bedinghaus regarding finalizing; e-file lawsuit papers Email from court clerk; email to all concerned; telephone conference with Funds' Field Representative; statutory notice letters to Secretary of Labor and Secretary of Treasury E-notices from District Court Worked on service of process; organized file E-notice from court Paid vendor invoice; E-Filed summons

Report ID: OT2025 - 25464 Monday, January 05, 2009 Billed Time Date Timekeeper 7/3/2008 BTB 7/7/2008 BTB 7/8/2008 BTB 7/8/2008 7/9/2008 7/11/2008 7/22/2008 ABD DAL BTB BTB Hours Worked 0.10 0.90 1.40 0.20 0.10 0.10 1.50 1.10 1.10 0.50 0.20 0.10 0.20 0.10 0.70 0.30 1.30 0.10 0.10 0.20 0.10 0.10 0.30 1.10 0.20 18.70 Amount Exp Code Hours On Bill 0.10 0.90 1.40 0.20 0.10 0.10 1.50 1.10 1.10 0.50 0.20 0.10 0.20 0.10 0.70 0.30 1.30 0.10 0.10 0.20 0.10 0.10 0.30 1.10 0.20 18.70 Narrative

Lewis, Overbeck & Furman, LLP Time And Expense Details
Date [06/03/2008 - 12/31/2008] Rate 170.00 170.00 170.00 70.00 300.00 170.00 170.00 170.00 170.00 300.00 170.00 300.00 300.00 170.00 170.00 170.00 170.00 300.00 170.00 170.00 170.00 300.00 300.00 170.00 170.00 Amount Task $17.00 $153.00 $238.00 $14.00 $30.00 $17.00 $255.00 $187.00 $187.00 $150.00 $34.00 $30.00 $60.00 $119.00 $51.00 $221.00 $30.00 $17.00 $34.00 $17.00 $30.00 $90.00 $187.00 $34.00 $3,444.50 $17.00 Activity Narrative

Printed By Page

SKOU 2

7/23/2008 BTB 7/24/2008 BTB 7/24/2008 DAL 7/25/2008 BTB 7/28/2008 DAL 8/11/2008 DAL 8/11/2008 BTB 8/13/2008 BTB 8/25/2008 BTB 8/26/2008 BTB 8/27/2008 9/18/2008 9/23/2008 9/24/2008 9/24/2008 9/25/2008 DAL BTB BTB BTB DAL DAL

Reviewed file for status; email to Douglas A. Lindsay Reviewed file; prepared motion for default judgment and notice of motion; updated monthly status report Preparation of motion papers; arranged for service and delivery of copy to judge; e-filed motion; submitted proposed order to judge Vello bind pleadings for Brian T. Bedinghaus (Plaintiff's Motion for Default Judgment) E-notices from court Reviewed file for status Conference with Douglas A. Lindsay; reviewed file; phone call from defendant; memo to file; completed list of audit documents; email to defendant; phone call to auditor; memo to file; email from defendant Reviewed file; attended court appearance; voicemail from defendant; email to defendant Emails from auditor; phone call from Funds' Field Representative; conference with Douglas A. Lindsay; email to auditor Email from Funds' auditor; conference with Brian T. Bedinghaus regarding case handling; email to Brian T. Bedinghaus; email from Funds' auditor; email from Brian T. Bedinghaus E-notice from District Court; letter to defendant E-notice from court Telephone conference with Funds' Field Representative; correspondence from Funds' auditor; conference with Brian T. Bedinghaus regarding case handling Letter from auditor

9/25/2008 BTB Billed Time 11/18/2008 BTB Totals

Reviewed file; prepared motion for rule to show cause and exhibits Phone call to auditor; memo to file Prepared for and attended court appearance; reviewed file and updated monthly status report; memo to file; email from auditor E-notice from court Email to auditor Email from auditor; reviewed file and updated monthly status report Conference with Douglas A. Lindsay regarding audit and court appearance Conference with Brian T. Bedinghaus regarding case handling E-notice from court; conference with Brian T. Bedinghaus regarding case handling; email to all concerned Attended court appearance for status hearing; emails to auditor; conference with Douglas A. Lindsay Received returned mail; memo to file; reviewed file

Billed Expenses Date

Report ID: OT2025 - 25464 Monday, January 05, 2009 Billed Expenses Date 6/17/2008 6/30/2008 6/30/2008 6/30/2008 7/11/2008 7/31/2008 7/31/2008 8/31/2008 Amount Exp Code $109.00 $60.00 $19.20 $90.24 $350.00 $6.72 $3.50 $0.40 $639.06 Hours Worked 23.30 Hours To Bill 23.30 MISC DOCK POST COPY MISC COPY BIND CLR Narrative

Lewis, Overbeck & Furman, LLP Time And Expense Details
Date [06/03/2008 - 12/31/2008]

Printed By Page

SKOU 3

Billed Expenses Totals

Constable Services - Service of Summons DM 2000, Computerized Docket and Case Watch Protection Service Postage Charges Photocopy Charges Northern District of Illinois - Eastern Division - E-file Photocopy Charges Binding Charges Computerized Legal Research Charges- Pacer

Report Totals

Fee Amount $4,317.50

Expense Amount $639.06

Total Amount $4,956.56

*** End Of Report ***

EXHIBIT D

BTB140239 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION JAMES T. SULLIVAN, etc., Plaintiff, v. ERICKSON MECHANICAL, INC., ) ) ) ) ) ) ) ) ) ) )

65100-1119LIT4741

No. 08 C 3285 Judge Kendall Magistrate Judge Denlow

Defendant.

AFFIDAVIT OF DENNIS M. SIEGEL DENNIS M. SIEGEL states that if he were called to testify in the captioned case, he would testify as follows: 1. 2. I am an adult and competent. The information contained in this Affidavit is based on my personal knowledge

and the business records of D M SIEGEL, LTD. 3. I am a supervising auditor of D M SIEGEL, LTD located at 2209A Lakeside

Drive, Bannockburn, IL 60015-1265. 4. The Trustees of Plumbers' Pension Fund, Local 130, U.A., Plumbers' Welfare

Fund, Local 130, U.A., The Trust Fund for Apprentice and Journeyman Education and Training, Local 130, U.A., and Chicago Journeymen Plumbers' Local Union 130, U.A., Group Legal Services Plan Fund ("Funds") have engaged D M SIEGEL, LTD to conduct compliance audits of 1

EXHIBIT E