Plumbers Pension Fund Local 130 U A et al v. Encotech Construction Services, Inc.

Filing 8

MOTION by Plaintiffs Plumbers Pension Fund Local 130 U A, Local 130, U.A. Plumbers Welfare Fund for judgment (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit C(1))(Loseman, John)

04-20-10JWL146452-3

65100-1245LIT4915

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION PLUMBERS' PENSION FUND, LOCAL 130, U.A., et al., ) ) Plaintiffs, ) ) v. ) ) ENCOTECH CONSTRUCTION SERVICES, INC., ) ) Defendant. ) No. 10 C 1895 Judge Milton I. Shadur Magistrate Judge Michael T. Mason

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 by attorneys and paralegals of Firm in the course of this matter, along with certain costs paid for or incurred on the

Exhibit C

account of Plaintiffs herein. For the Court's reference, a true and correct copy of Firm's itemized billings through April 15, 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 labor arbitration awards. In the course of this matter, DAL provided 6.7 hours of legal services to Plaintiffs at the rate of $300.00 per hour, for a total of $2,010.00. 7. "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 of the U.S. District Court for the N.D. Illinois. In the course of this matter, BTB provided 1.7 hours of legal services to Plaintiffs at the rate of $170.00 per hour, for a total of $289.00. 8. "RCP" in the time entries designates Robert C. Parizek, a paralegal

employed by Firm. In the course of this matter, RCP provided 4.4 hours of services to Plaintiffs at the rate of $85.00 per hour, for a total of $374.00. 9. 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 labor arbitration -2-

Exhibit C

awards. In the course of this matter through April 20, 2010, JWL provided at least 2.0 hours of legal services to Plaintiffs at the rate of $255.00 per hour for a total of $510.00 for preparation and presentation of Plaintiffs' motion for judgment, exhibits, affidavit, and notice, which time is not reflected on the attached itemized time entries that cover only through April 15, 2010. 10. In addition to attorneys' and paralegals' fees, Plaintiffs incurred charges for the

following: $350.00 for the federal court complaint filing fee; $104.00 for service of process; and $48.46 postage costs and photocopy expenses, for a total of $602.46. 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. 11. The sum of the above-described fees is $3,183.00, and the sum of the above-described

costs and expenses is $602.46, for a total of $3,785.46. In accordance with 28 U.S.C. §1746, I declare under penalty of perjury that the foregoing is true and correct. Dated: April 20, 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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Exhibit C