Central States, Southeast and Southwest Areas Pension Fund et al v. Southco Auto Parts, Inc.

Filing 10

MOTION by Plaintiffs Central States, Southeast and Southwest Areas Pension Fund, Howard McDougall for judgment order entry (Attachments: # 1 Affidavit, # 2 Affidavit, # 3 Text of Proposed Order)(Bogle, Edward)

Central States, Southeast and Southwest Areas Pension Fund et al v. Southco Auto Parts, Inc.

Doc. 10 Att. 2

Exhibit B

Dockets.Justia.com

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

CENTRAL STATES, SOUTHEAST AND SOUTHWEST AREAS PENSION FUND, and HOWARD McDOUGALL, as Trustee, Plaintiffs,
v.

SOUTHCO AUTO PARTS, INC., a Missouri corporation, Defendant.

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

Case No. 1O-CV-5059 Judge Castillo Magistrate Judge Mason

AFFIDA VIT OF EDWARD H. BOGLE

I, Edward H. Bogle, having been fully sworn and upon my oath, depose and state as follows:
1. I am an adult and am otherwise competent to give evidence. I have personal

knowledge with respect to the facts set forth in this affidavit. If called as a witness in this matter, I would testify consistently with this affidavit. 2. I am an attorney employed in the Law Department of the Central States, Southeast

and Southwest Areas Pension Fund ("the Pension Fund"), a Plaintiff in this case and my client. I am familiar with the above-captioned litigation. 3. The Plaintiffs assert, under the terms of their Trust Agreement and 29 U.S.C.

§1132(g)(2), entitlement to an award of attorneys' fees and costs in this case in the total amount
of $2,409.50. This amount consists of $2,017.50 in attorneys' fees and $ 392.00 in court costs. 4. I am the attorney who performed the work in connection with this litigation. It is

my opinion that the hourly billing rate requested for my work ($195.00 per hour) is consistent with the market rates for such services in the Chicago, Illinois area for an attorney of my

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F: 343699/10410020

experience. I was admitted to the bar of the State of Illinois in 2002, and to the U.S. District Court for the Northern District of Illinois in 2002. I have worked for the Pension Fund since 2005, and have served as the lead attorney in many ERISA cases. 5. George O. Hansen is a Senior Paralegal at the Pension Fund. It is my opinion that

the hourly billing rate requested for Mr. Hansen's work ($140.00 per hour) is consistent with the market rates for such services in the Chicago, lllinois area for a paralegal ofMr. Hansen's experience. Mr. Hansen has been employed by the Pension Fund since 1992, and has assisted with numerous ERISA cases and other matters of federal litigation. 6. The time spent on this case, and the activities performed by Mr. Hansen and I in

litigating this matter, are detailed in the billing record attached to this affidavit. In my opinion to a reasonable degree of certainty, the hours reflected in the billing records are reasonable in amount and for work that was necessary to perform. Similarly, it is my opinion to a reasonable degree of certainty that the costs listed were necessarily incurred and reasonable in amount.
FURTHER, AFFIANT SA YETH NAUGHT.

Edward H. Bogle Subscribed and sworn to before me, a Notary Public of the State of this \ 5 ~ day ---/!'~~~~'--_, 2010.

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F: 343699/10410020

Central States Funds 9377 West Higgins Road Rosemont, Illinois 60018

September 15, 2010

Southco Auto Parts, Inc
10410020

WLL

Description of Services
Hours Amount

8/11/2010 EHB

Receive new file and read; review ERISA; prepare Complaint; confer with Brad R. Berliner; edit Complaint; e-mail Andrew M. Sprau; confer with Andrew M. Sprau.

2.00

390.00

8/12/2010 EHB

Confer with Andrew M. Sprau regarding 1.50 Complaint; finalize case and e-file;
receive and review ECF notices; place for
service.
Conference with Edward H. Bogle; conduct searches.
Memo to client. Receive and review affidavit of service and e-file same; docket dates.
Check docket regarding filing; review file. Prepare motion for default judgment; prepare affidavit of Andrew Sprau;
prepare affidavit of Edward Bogle; e-mail
Susan Tebbens; review amounts due;
revise and edit default materials; receive
and review minute order and serve on
defendant.
0.90

292.50

GOH

126.00

8/13/2010 EHB 8/23/2010 EHB 9nl2010 EHB 9/8/2010 EHB

0.30 0.40

58.50
78.00

0.20 2.50

39.00
487.50

Southco Auto Parts, Inc 10410020 WLL

September 15, 2010 Page 2
Hours Amount

9/13/2010 EHB

Edit default motion and forward to Andrew M. Sprau; receive and review ECF letter from company; review file. Revise default materials into prove-up materials; confer iwth Andrew M. Sprau regarding affidavit; review and edit billing report; finalize affidavit of Edward H. Bogle; finalize default materials; prepare notice; e-file default materials; draft judgment order and e-mail to court.

0.80

156.00

9/15/2010 EHB

2.00

390.00

Total Fees

10.60

$2,017.50

Southco Auto Parts, Inc

10410020
WLL

September 15, 2010 Page 3
Expenses
Amount

8/12/2010

U.S. District Court, Northern District of Illinois Complaint filing fee. Litigation Support, Inc. - personal service of
Summons and Complaint on John H. Schmaltz
on 8/15/10.

350.00

8/20/2010

42.00

Total Expenses Total amount of this bill

$392.00 $2,409.50