Sullivan et al v. Aspen Plumbing Company, Inc.

Filing 28

MOTION by Plaintiffs Chicago Journeymen Plumbers' Local Union 130, U.A., 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., Plumbing Council Of Chicagoland, The, James T Sullivan, Trust Fund for Apprentice and Journeyman Education and Training, Local 130, U.A., The for judgment (Attachments: # 1 Exhibit One, # 2 Exhibit Two)(Loseman, John)

07-01-11JWL151745-3

65100-1349LIT5031

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.
ASPEN PLUMBING COMPANY, INC.,
Defendant.

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No. 10 C 2793
Judge Robert M. Dow, Jr.
Magistrate Judge Sidney I. Schenkier

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

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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

Exhibit One, Page 1

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. Affiant will provide to the Court a copy of Firm’s
time and expense entries for the subject period at the Court’s request. The hours and expenses
itemized herein are in addition to, and not duplicative of, the hours and expenses itemized in the
affidavit of John W. Loseman (Doc. 7-3) supporting Plaintiffs’ motion for judgment on count
one of the original complaint (Doc. 7), which were awarded as part of the Judgment dated July
29, 2010. (Doc. 11).
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 through June 30, 2011, DAL provided 6.5 hours of legal services to Plaintiffs at the rate
of $300.00 per hour, for a total of $1,950.00.
7. “RCP” in the time entries designates Robert C. Parizek, a paralegal since 2007
employed by Firm. In the course of this matter through June 30, 2011, RCP provided 5.9 hours
of services to Plaintiffs at the rate of $85.00 per hour, for a total of $501.50.
8. 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
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Exhibit One, Page 2

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 June 30, 2011, JWL provided 62.1 hours of
legal services to Plaintiffs at the rate of $255.00 per hour for a total of $15,835.50.
9. In addition to attorneys’ and paralegals’ fees, Plaintiffs incurred charges for the
following through May 31, 2011: $60.00 for computerized docketing and case tracking service;
and $143.71 for postage costs and photocopy expenses, $38.00 for recorder’s fees, and $38.50
for electronic research and records, for a total of $280.21. 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.
10. The sum of the above-described fees is $18,287.00, and the sum of the abovedescribed costs and expenses is $280.21, for a total of $18,567.21.
In accordance with 28 U.S.C. §1746, I declare under penalty of perjury that the foregoing
is true and correct.
/s/ John W. Loseman
John W. Loseman
20 N. Clark Street, Suite 3200
Chicago, IL 60602-5093
312.580.1258

Dated: July 1, 2011

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Exhibit One, Page 3