Central States, Southeast and Southwest Areas Pension Fund et al v. Industrial Transmission Equipment, Inc.

Filing 11

MOTION by Plaintiffs Central States, Southeast and Southwest Areas Pension Fund, Howard McDougall for judgment and prove up of damages (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Bacon, Laura)

EXHIBITB

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
CENTRAL STATES, SOUTHEAST AND SOUTHWEST AREAS PENSION FUND, and HOWARD McDOUGALL, trustee, Plaintiffs,
v.

INDUSTRIAL TRANSMISSION EQUIPMENT, INC., an Indiana corporation, Defendant.

) ) ) ) ) ) ) ) ) ) )
)

Case No. 09 C 5934 Judge Blanche M. Manning Magistrate Judge Mason

State of Illinois County of Cook

,
) )

AFFIDAVIT OF LAURA B. BACON

SS:

I, Laura B. Bacon, having been fully sworn upon my oath, depose and state as follows: 1. I am an attorney employed by Plaintiffs Central States, Southeast and

Southwest Areas Pension Fund ("Pension Fund"). 2. I was admitted to the bar of the State of Illinois in 2006 and to the bar ofthe

United States District Court for the Northern District of Illinois in 2007. 3. I have personal knowledge with respect to the matters set forth in this Affidavit

and am familiar with the above-captioned litigation. 4. I have reviewed the Pension Fund's billing records and have determined that

the work performed in connection with this case was performed by myself ("LBB"', George O. Hansen ("GOH"), senior paralegal, and Albert M. Madden ("AMM"), supervising attorney.
F:319297 I 09111000 111125/09

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5.

Copies of the billing records generated in this matter and reflecting the work

performed, and the expenses incurred, are attached hereto as Exhibit 1.

6.

I believe that a reasonable rate per hour for the aforementioned legal services

is $170.00 for work performed by myself. I believe that a reasonable rate per hour for the aforementioned services performed by George O. Hansen is $140,00 and that a reasonable rate per hour for the aforementioned services performed by Albert M, Madden is $300.00.

7.

On that basis, the total amount of legal fees incurred in this matter is

$1,522.00 (7.6 hours x $170 per hour for myself, 1.0 hour x $140 per hour for George O.
Hansen, and 0.3 hours x $300 per hour for Albert M. Madden).

8.

The Pension Fund has also incurred costs in the amount of $520.00 in
· rO.

connection with this litigation.

9. $2,042.00. 10.

Consequently, the total amount of attorney's fees and costs owed is

I believe that the aforementioned court costs and attorney's fees were

necessarily incurred and are reasonable in amount.
FURTHER AFFIANT SAYETH NAUGHT

Laura B. Bacon Subscribed and sworn to before me, a Notary Public of the State of Illinois, ~!l. day ~ov.ernber: 2009. pu~ ....~'I>-!..

\

,

.

F:319297 / 09111 000/11/25/09

-2

EXHIBIT

1

Central States Funds 9377 West Higgins Road Rosemont, Illinois 60018

November 25, 2009

Industrial Transmission II
09111000 CON

Description of Services
Hours Amount

9/16/2009 LBB

Review file; email correspondence with Leda Doherty regarding delinquency;
letter voice mail for employer regarding
same.
Left voice mail for Paula Poisel regarding delinquency; review file.
Left message for Paula Poisel; review file. Finalize and file complaint. Review Complaint. Email correspondence regarding new complaint and appearances.
Conference with Laura B. Bacon; conference with Action Detective Agency.
Left voice mail for employer regarding payment; left voice mail for Leda
regarding delinquency; review file.
Left voice mail for Paula Poisel regarding payment; review file.
Draft letter to employer regarding delinquency.

0.50

85.00

9/17/2009 LBB

0.20

34.00

9/18/2009 LBB 9/23/2009 LBB
AMM

0.20 1.00 0.30 0.50

34.00
170.00
90.00
85.00

9/24/2009 LBB

GOH
1on12009 LBB

1.00

140.00

0.50

85.00

10/9/2009 LBB

0.30

51.00

10/13/2009 LBB

0.30

51.00

Industrial Transmission II

09111000
CON
November 25, 2009 Page 2
Hours Amount

10/21/2009 LBB 11/3/2009 LBB 11/4/2009 LBB 11/25/2009 LBB

Phone conference with Paula Poisel regarding delinquency. Email to Leda Doherty regarding status. Review file; draft letter to employer regarding delinquency. Draft materials for prove up motion.

0.20

34.00

0.20 0.70

34.00 119.00

3.00

510.00

Total Fees

8.90

$1,522.00

Industrial Transmission II
09111000
CON

November 25, 2009
Page 3

Expenses
Amount

9/23/2009

Complaint filed.
Service of summons and complaint.

350.00 170.00

912812009

Total Expenses Total amount of this bill

$520.00 $2,042.00