Sullivan et al v. Brill

Filing 18

MOTION by Plaintiffs Chicago Journeymen Plumbers' Local Union 130, U.A., Group Legal Services Plan Fund, Plumbers' Pension Fund, Local 130, U.A., Plumbers' Welfare Fund, Local 130, U.A., James T. Sullivan, The Plumbing Council of Chicagoland for judgment (Attachments: # 1 Exhibit A, # 2 Exhibit A(1), # 3 Exhibit B)(Loseman, John)

Sullivan et al v. Brill

Doc. 18 Att. 1

10-13-10JWL148891-2

65100-1307LIT5018

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION JAMES T. SULLIVAN, not individually but as Trustee of PLUMBERS' PENSION FUND, LOCAL 130, U.A., etc., et al., Plaintiffs, v. ) ) ) ) ) ) JOHN C. BRILL, individually and d/b/a JCB Companies, ) ) Defendant. )

No. 10 C 1568 Judge Ruben Castillo Magistrate Judge Arlander Keys

AFFIDAVIT OF JOHN W. LOSEMAN State of Illinois County of Cook ) ) ss. )

John W. Loseman hereby deposes and states: 1. I am of adult age and otherwise competent to make this Affidavit. All statements herein are made on my personal knowledge. 2. I am an attorney licensed to practice, inter alia, within the State of Illinois and before the United States District Court for the Northern District of Illinois. I am currently responsible for representing Plaintiffs in the captioned action. 3. I am a partner in the law firm of LEWIS, OVERBECK AND FURMAN, LLP ("Firm"), 20 N. Clark Street, Suite 3200, Chicago, Illinois. All attorneys and paralegals who represented Plaintiffs in this action were partners in, associated with, or employed by, Firm. 4. In the course of their representation of Plaintiffs, the attorneys and paralegals of Firm made contemporaneous daily time entries. This Affidavit is based on Affiant's personal knowledge of this case and review of Firm's daily time entries itemizing the time actually spent

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by attorneys and paralegals of Firm in the course of this matter, along with certain costs paid for or incurred on the account of Plaintiffs herein. For the Court's reference, a true and correct copy of Firm's itemized billings through September 30, 2010, is attached as Exhibit (1). 5. Throughout this case, Firm has charged its normal and customary hourly charges for legal services rendered to Plaintiffs in this action. Firm's normal and customary hourly charges are reasonable within the Chicago area legal community, and are paid by other clients of Firm. 6. "DAL" in the time entries designates attorney Douglas A. Lindsay, a partner in Firm. DAL has been licensed to practice law in the State of Illinois since 1976, and is a member of the U.S. Supreme Court, the U.S. Court of Appeals for the Seventh Circuit, and the U.S. District Courts for the N.D. Illinois, C.D. Illinois, E.D. Wisconsin, and N.D. Indiana. DAL has extensive experience in ERISA and LMRA matters, including enforcement of and compliance with labor agreements, and enforcement of benefit fund contribution obligations. In the course of this matter, DAL provided 5.2 hours of legal services to Plaintiffs at the rate of $300.00 per hour, for a total of $1,560.00. 7. "JRG" in the time entries designates attorney James R. Gannon, a partner in Firm. JRG has been licensed to practice law in the State of Michigan since 1958 and the State of Illinois since 1967, and is a member of the U.S. Supreme Court, the U.S. Courts of Appeals for the Sixth and Seventh Circuits, and the U.S. District Courts for the N.D. Illinois, C.D. Illinois, S.D. Illinois, N.D. Indiana, E.D Michigan, and W.D Michigan. JRG has extensive experience in federal and state court litigation matters. In the course of this matter, JRG provided 3.1 hours of legal services to Plaintiffs at the rate of $300.00 per hour, for a total of $930.00. 8. "BTB" in the time entries designates attorney Brian T. Bedinghaus, an associate of Firm. BTB has been licensed to practice law in the State of Illinois since 2005, and is a member 2

of the U.S. District Court for the N.D. Illinois. In the course of this matter, BTB provided 2.2 hours of legal services to Plaintiffs at the rate of $170.00 per hour, for a total of $374.00. 9. "RCP" in the time entries designates Robert C. Parizek, a paralegal since 2007 employed by Firm. In the course of this matter, RCP provided 4.3 hours of services to Plaintiffs at the rate of $85.00 per hour, for a total of $365.50. 10. Affiant, John W. Loseman, ("JWL") has been licensed to practice law in the State of Illinois since 1989, and is a member of the U.S. Supreme Court, the U.S. Court of Appeals for the Seventh Circuit, and the U.S. District Courts for the N.D. Illinois, C.D. Illinois, and N.D. Indiana. JWL has considerable experience in ERISA and LMRA matters, including enforcement of and compliance with labor agreements, and enforcement of benefit fund contribution obligations. In the course of this matter through October 11, 2010, JWL provided 9.7 hours of legal services to Plaintiffs at the rate of $255.00 per hour for a total of $2,473.50. 11. In addition to attorneys' and paralegals' fees, Plaintiffs incurred charges for the following: $350.00 for the federal court complaint filing fee; $200.14 for service of process; $60.00 for computerized docketing and case tracking service; and $154.06 for postage costs and photocopy expenses, for a total of $778.06. Each of these charges was incurred in connection with this case, and is not a usual office overhead expense. These charges are billed separately by Firm to its clients.

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12. The sum of the above-described fees is $5,703.00, and the sum of the abovedescribed costs and expenses is $778.06, for a total of $6,481.06. In accordance with 28 U.S.C. §1746, I declare under penalty of perjury that the foregoing is true and correct. Dated: October 13, 2010 /s/ John W. Loseman John W. Loseman 20 N. Clark Street, Suite 3200 Chicago, IL 60602-5093 312.580.1258

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