Central States Se & Sw Areas Pension Fund et al v. J. R. Mazzola, Inc.

Filing 11

MOTION by Plaintiffs Central States, Southeast and Southwest Areas Pension Fund, Howard McDougall for judgment (Attachments: # 1 Exhibit A - Affidavit of Juan Beaton, # 2 Exhibit B - Return of Service, # 3 Exhibit C - July 14, 2010 Minute Order, # 4 Exhibit D - Affidavit of Cathy L. Rath)(Rath, Cathy)

Central States, Southeast and Southwest Areas Pension Fund et al v. J. R. Mazzola, Inc.

Doc. 11 Att. 4

EXHIBIT D

Dockets.Justia.com

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
E A S T E R N DIVISION

C E N T R A L STATES, SOUTHEAST AND SOUTHWEST AREAS PENSION FUND and HOWARD McDOUGALL, trustee, Plaintiffs,

)
)

)
) ) )
)

Case No. 10 CV 22446 Judge George W. Lindberg

v.

) J. R. MAZZOLA, INC., a Michigan corporation, ) ) ) Defendant.

AFFIDAVIT OF CATHY L. RATH
State of Illinois County of Cook ) ) SS )

I, Cathy L. Rath having duly sworn on oath, depose and state as follows: 1. I am an attorney employed by the Central States, Southeast and Southwest

Areas Pension Fund (the "Pension Fund") and I am familiar with the pending litigation. 2. I have reviewed the Plaintiffs' billing records (attached as Exhibit 1 to this

affidavit) and have determined that the work performed in connection with this case was performed by myself (CLR) and George O. Hansen (GOH), the senior paralegal in the Pension Fund's legal department. I was admitted to the bar of the State of Illinois on November 8,2001 and to the United States District Court for the Northern District of Illinois on November 22, 2002. I have worked for the Pension Fund since November 2002

handling ERISA delinquent contribution and withdrawal liability cases. 3. I believe that a reasonable rate for the aforementioned services is $195.00

per hourforwork performed by myself and $140.00 per hour for work performed by George

F:338991 110110012/7/19/10

O. Hansen. On that basis, the total of legal fees incurred in this matter is $1,809.00 (8.2 hours x $195.00 per hour (CLR) and $140.00 per hour (1.5 x $140.00 (GOH)). 4. litigation: Filing Fee Service of Process Mileage to Attend Status Hearing Total 5. $350.00 290.00 16.00 The Funds have also incurred the following costs in connection with this

$656.00

I believe that the aforementioned legal fees and costs were necessarily

incurred and are reasonable in amount.
FURTHER AFFIANT SAYETH NOT.

Subscribed and sworn to before me, a Notary Public, this 19th day of July, 2010.

Notat.~' tJ~

Official Seal Connie Boven Notary Public State of Illinois My Commission Expires 0811012011

F:338991 /1011001217/19110

2

EXHIBIT 1

Central States Funds 9377 West Higgins Road Rosemont, Illinois 60018

July 19, 2010

JR Mazzola Inc 10110012 CON

Description of Services
Hours Amount

4/15/2010 CLR

Review file; Draft complaint; Check status of business, including pending litigation. Research current home addresses of corporate officers; Proofread changes to complaint. Proofread Complaint; Memorandum to Brad R. Berliner with draft complaint. File Complaint; Prepare Litigation Hold Memorandum; Memorandum to Juan Beaton transmitting filed Complaint and Litigation Hold Memorandum; Prepare civil coversheet, appearances and summons. Conference with Cathy L. Rath; correspond with Elite Process Service. Research priority of claims under Perishable Agricultural Commodities Act. Check status of service of Complaint and Summons. Voice mail Charles Thomas regarding: status of Statement of Business Affairs.

1.20

234.00

4/16/2010 CLR

0.50

97.50

4/19/2010 CLR 4/21/2010 CLR

0.30

58.50

1.30

253.50

GOH

1.00

140.00

5/26/2010 CLR

2.10

409.50

6/22/2010 CLR 6/24/2010 CLR

0.10

19.50

0.10

19.50

JR Mazzola Inc

10110012
CON July 19, 2010 Page 2
Hours Amount

6/30/2010 GOH

Review correspondence from Elite Process Service; conference with Cathy L. Rath; arrange for payment of invoice.
File return of service.
Attend status hearing.

0.50

70.00

7/6/2010 CLR 7/14/2010 CLR

0.10 2.50

19.50 487.50

Total Fees

9.70

$1,809.00

JR Mazzola Inc

10110012
CON
July 19, 2010 Page 3

Expel1lses
Amount

4/21/2010 6/22/2010 7/14/2010

U.S. District Court, NOlL - Complaint filing fee. Elite Process Service - Service of Complaint. Attend status hearing - Mileage

350.00 290.00 16.00

Total Expenses Total amount of this bill

$656.00 $2,465.00