Capps v. Drake et al

Filing 254

ORDER DENYING 186 MOTION for Attorney Fees and Costs filed by Isaac W Capps to the extent it requests fees, and DENYING 219 Supplemental MOTION for Attorney Fees For Post-Judgment Proceedings filed by Isaac W Capps. Costs to be decided by Judge Rosenstengel in a separate order. Signed by Chief Judge Michael J. Reagan on 3/30/2017. (Attachments: # 1 Fee Contract, # 2 Stricken Time Entries)(nms)

STRICKEN CLERICAL WORK PERFORMED BY ATTORNEY REDWOOD
Date

Entry

Time
(in hours)
.3

April 30, 2014

Transcribe Jan thru April hours to Fee Stmt

May 24, 2014

2.0

August 30, 2014

Download and print Local Rules Southern District for Rule
binder. Download and print Judge Rosenstengel’s Rules and
procedures for Rules binder. Review Local rules and judge’s
rules. Notes and tab for differences from central district local
rules.
Transcribe April thru August hours to Fee stmt

December 1, 2014

Review Doc 25; check calendar for conflicts

.1

December 30, 2014

Transcribe Sept thru Dec hours to Fee stmt

.4

February 12, 2015

Discuss Court call problem w/ Mr. Redwood. Call Natalie
Stoltz to get Court Call set up. Result: Natalie will set up the
conference call for 2/23.
Write checks for medical records

.3

Attorney parking announcement from S. District transcribed
into calendar book
Review Order – Doc. 46; calendar TelCon

.1

Calls to City Hall, Franklin Co. Courthouse, Library to find a
place for Trogolo, Graskew & Woodsides depositions. LTR to
library w/ check to reserve deposition room.
Transcribe Jan thru April hours to Fee Stmt

.6

Review file for discovery compliance. Email to Mr. Bleyer to
bring his discovery responses (LATE) to the depositions
tomorrow
LTR to Ms. Steimel, trying to reserve June 17, if Mr. Bleyer
gets discovery served
Review local rules; Call Natalie Stoltz for TelCon; send email
to all counsel re times for TelCon; schedule TelCon w/ Natalie;
email outstanding discovery requests to the court
Email from Bleyer just saying Roye and Shaffer are not
available for deposition on 7/15 because they were subpoenaed
in for a bench trial in Franklin County. Called Franklin County
clerk – the only bench trial on 7/15 is a traffic ticket. Notified
court reporter and Mr. Cook and Ms. Steimel of the
cancellation.

.2

March 3, 2015
March 27, 2015
April 23, 2015
April 29, 2015

April 30, 2015
May 13, 2015

May 22, 2015
May 27, 2015

July 13, 2015

Page 1 of 6

.4

.1

.1

.5

.3
.9

.5

July 27, 2015

.2

August 1, 2015

Call to Natalie Stoltz re setting up TelCon with Judge
Wilkerson re: all defendants refusal to provide responses to
Interrogatory # 6 – financial information
Transcribe May thru July hours to Fee Stmt

August 26, 2015

LTR Bleyer to schedule Roye continued dep

.2

September 22, 2015

Read Court’s Order (Doc 90) Calendar response date

.5

September 28, 2015

1.2

October 7, 2015

Get the photographs from Jude’s cell phone to computer and
make into pdf’s for Exhibit 12 of plaintiff’s response to MSJ
Drafting plaintiff’s exhibit 13 for his response to motions for
summary judgment
Get only the necessary deposition pages for exhibits; turn those
into pdf images for filing of exhibits 1 thru 11
Review Plaintiff’s response to defense MSJ’s – cite check; spell
check; read final draft all the way through
Prepare brief and exhibits for filing. File plaintiff’s response to
defense MSJs (Doc 91)
Transcribe August thru Oct 7 hours to fee stmt

November 3, 2015

Read Court’s Orders (Doc 99, 100), Calendar events

.4

December 11, 2015

.4

December 12, 2015

Review order (Doc 110) setting TeleCon w/ Judge Frazier;
check calendar; call Court to schedule it for 10:30 or later, due
to state court hrg at 8:30 am
Review Order (Doc 111); Calendar event

December 14, 2015

Review Order (Doc 112); check calendar for conflict

.2

December 14, 2015

Call to Judge Frazier’s offce re: conflict on 12/22/15

.2

December 31, 2015

Transcribe Oct 8 thru Dec 31 hours to fee stmt

1.4

January 8, 2016

.5

January 20, 2016

Go over dates things are due and Deana’s email on exhibits;
calendar deadlines
Email to Deana re: courthouse protocol, witnesses

January 20, 2016

Email Plaintiff’s Jury Instructions to court and all counsel

.2

January 20, 2016

Email Plaintiff’s verdict forms separately to court and all
counsel
Call, LTR and fax LTR to Gaskewicz releasing him from our
subpoena
Get all Plaintiff’s trial exhibits into pdf and put them on flash
drive for court

.2

October 1, 2015
October 1, 2015
October 5, 2015
October 5, 2015

January 22, 2016
January 23, 2016

Page 2 of 6

1.2

2.1
2.9
3.7
1.3
1.2

.2

.2

.6
1.7

February 4, 2016

Review Doc 177 – Final Judgment; calendar fee petition and
costs request

.3

STRICKEN CLERICAL WORK PERFORMED BY PARALEGAL REDWOOD
Date
April 15, 2014
April 16, 2014
April 23, 2014
April 30, 2014
May 19, 2014
May 23, 2014
May 28, 2014
May 28, 2014
June 17, 2014
June 24, 2014
June 24, 2014
July 9, 2014
July 11, 2014
August 9, 2014
August 30, 2014
September 30, 2014
October 1, 2014
October 2, 2014
October 24, 2014
December 1, 2014
December 23, 2014
December 30, 2014
January 5, 2015

Entry
Download, save & print ECF Docs 1 and 2; file same in paper
filing.
Download, save & print ECF Doc 3; file same in paper filing.
Review waiver of service docs; package all for mailing to
defendants.
Transcribe Jan thru April hours to Fee Stmt
Download, save & print ECF Doc. 5; file same in paper filing.
Download, save & print ECF Doc 6; file same in paper filing.
Download, save & print ECF Docs 7, 8, 9, 10; file same in paper
filing
Note Ms Redwood and Office Calendars w/ Roye & Shaffer
Answer due date
Download, save & print ECF Docs 11, 12, 13; file same in paper
filing
Download, save & print ECF Docs 14, 15; file same in paper
filing
Note Ms Redwood and Office Calendars w/ ISP defs Answer
due date
Download, save & print ECF Docs 16, 17; file same in paper
filing
Download, save & print ECF Doc 18; file same in paper filing
Download, save & print ECF Docs 19, 20, 21; file same in paper
filing
Transcribe April thru August hours to Fee Stmt
Dowload, save & print ECF Docs 22; file same in paper filing;
Discuss Court’s order w/ Ms Redwood
Download, save & print 10/1/14 Order; file same in paper filing;
Discuss Court’s order w/ Ms Redwood
Download, save & print ECF Doc 23; Let Ms Redwood know
Doc. 22 vacated
Download, save & print ECF Doc 24
Download, save & print ECF Doc 25; calendar dates
Download, save & print ECF Doc 26; file same in paper filing
Transcribe Sept thru Dec hours to Fee Stmt
Download, save & print ECF Doc 27; file same in paper filing;
calendar event date
Page 3 of 6

Time
(in hours)
.3
.1
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.1
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.5
.1
.4
.3
.1
.1
.1
.2
.4
.4
.3
.2
.1
.1
.1
.4
.1

February 12, 2015

February 18, 2015
February 23, 2015
February 26, 2015

March 3, 2015
March 11, 2015
March 12, 2015
March 12, 2015
April 10, 2015
April 11, 2015

February 23, 2015
April 13, 2015
April 15, 2015
April 18, 2015
April 23, 2015
April 27, 2015

April 30, 2015
May 6, 2015

May 20, 2015
May 29, 2015
June 1, 2015
June 8, 2015
June 11, 2015

Setting up 2/23/15 2 pm conference call. Get all phone numbers
(court and attorneys). Called “Court Call” (800-882-6878)
Result: Magistrate Wilkerson is not on the Court Call system.
Received the instructions to get Court Call to work. Discuss w/
Ms Redwood.
Download, save & print ECF Doc 28; file same in paper filing;
vacate calendar date
Rec’d Trogolo discovery requests; copy same; file in paper file;
note respond dates in office and Ms Redwood’s calendar
Copy and package defense discovery requests to send to client;
paper file defense requests; calendar due dates on office and Ms
Redwood’s calendar
Download, save & print ECF Docs 29, 30, 31, 32; file same in
paper filing; calendar dates
Proof-read interrogatories for typos, etc.
Download, save & print ECF Docs 33, 34, 35; file same in paper
filing; calendar dates
Proof-read Req to Admit and Req to Produce for typos, etc.
Download, save & print ECF Docs 36, 37, 38, 39; file same in
paper filing
Proof read Plaintiff’s responses to discovery, copy for all
counsel; copy documents; prepare for mailing discovery to
opposing counsel
Rec’d ISP discovery requests; copy same; file in paper file; note
response dates in office and Ms Redwood’s calendar
Download, save & print ECF Docs 40, 41; file same in paper
filing; calendar response date
TelCon w/ Michael Lenesio re: his scheduling issues and the
case
Download, save & print ECF Doc 42; file same in paper filing
Download, save & print ECF Docs 43, 44, 45, 46, 47; file same
in paper filing; calendar TelCon for 4/27/15
TelCon w/ Judge Wilkerson and all counsel re: Plaintiff’s
motion for extension and calendar dates ordered. Taking notes
on all comments.
Transcribe Jan thru April hours to Fee Stmt
Proof read Plaintiff’s responses to state police discovery; copy
for all counsel; copy documents; prepare for mailing discovery
to opposing counsel
Download, save & print ECF Docs 50, 51; file same in paper
filing
Download, save & print ECF Doc 52; file same in paper filing
Download, save & print ECF Doc 53; file same in paper filing
Download, save & print ECF Doc 54; file same in paper file
Download, save & print ECF Doc 55 and 6/10 order; file same
in paper file
Page 4 of 6

.7

.1
.3
.4

.3
.5
.3
.5
.4
.8

.3
.2
.2
.2
.4
.6

.4
.5

.3
.2
.2
.2
.2

June 22, 2015
June 23, 2015
July 17, 2015

July 20, 2015
July 23, 2015
August 1, 2015
August 10, 2015
August 11, 2015
August 14, 2015
August 15, 2015
August 21, 2015
September 3, 2015
September 7, 2015
September 22, 2015
October 5, 2015
October 7, 2015
October 9, 2015
October 16, 2015
October 20, 2015
November 3, 2015
November 4, 2015
November 17, 2015
November 25, 2015
December 1, 2015
December 3, 2015
December 11, 2015
December 11, 2015
December 14, 2015
December 17, 2015

Read motion and memo for sanctions; proof for typos; cite check
Download, save & print Docs 56, 57; file same in paper file
Download, save & print ECF Order 58 and Doc 59; vacate
settlement conference of July 22nd on office and Ms Redwood’s
calendar
Download, save & print Docs 60, 61, 62; file same in paper file
Download, save & print Doc 63; file same in paper file
Transcribe May thru July hours to Fee Stmt
Download, save & print Docs 65, 66, 67, 68, 69 with all
exhibits; file same in paper file
Download, save & print Docs 70; file same in paper file
Download, save & print Docs 71, 72, 73, 74 with all exhibits;
file same in paper file
Download, save & print Docs 75, 76 with all exhibits; file same
in paper file
Download, save & print Docs 77, 78, 79, 80, 81; file same in
paper file; calendar deadlines set by court
Download, save & print Docs 82, 83, 84, 85, 86; file same in
paper file
Download, save & print Doc 87; file same in paper file
Download, save & print Doc 88, 89, 90; file same in paper file.
Calendar deadlines
Proof-read Plaintiff’s Response to defense MSJ’s
Transcribe August thru Oct 7 hours to fee stmt
Download, save & print Doc 91, 92, 93, 94, 95, 96; file same in
paper file
Download, save & print Doc 97, file same in paper file
Download, save & print Doc 98, file same in paper file
Download, save & print Docs 99, 100, file same in paper file.
Calendar SJ hearing on office calendar
Download, save & print Doc 101, file same in paper file
Download, save & print Docs 102 thru 105; file same in paper
file.
Download, save & print Doc 106, file same in paper file; pull
cites cases from Westlaw.
Download, save & print Docs 107, 108, file same in paper file.
Download, save & print Doc 109, file same in paper file. Notes
in motions file re: denial of Docs 102, 104, 108. Calendar events
Download, save & print Doc 110, file same in paper file.
Download, save & print Doc 111, file same in paper file;
calendar event.
Download, save & print Doc 112, file same in paper file;
calendar event.
Download, save & print Docs 113, 114, file same in paper file;
calendar event.
Page 5 of 6

1.3
.2
.2

.3
.2
.5
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.2
.6
.3
.5
.5
.2
.4
2
1.2
.4
.1
.5
.3
.1
.4
.7
.3
.3
.1
.2
.2
.4

December 18, 2015
December 19, 2015
December 19, 2015
December 19, 2015
December 21, 2015
December 24, 2015
December 26, 2015
December 28, 2015
December 31, 2015
January 5, 2016
January 5, 2016

January 9, 2016
January 12, 2016
January 12, 2016
January 15, 2016
January 19, 2016
January 21, 2016
January 25, 2016
January 26, 2016
January 29, 2016
February 2, 2016
February 4, 2016
February 5, 2016
February 23, 2016
February 24, 2016

Download, save & print Docs 115, 116, file same in paper file;
calendar response dates.
Download, save & print Doc 117, file same in paper file
Download, save & print Doc 118, file same in paper file; Note
this to Ms Redwood
Download, save & print Doc 119, file same in paper file.
Download, save & print Doc 120, file same in paper file
Download, save & print Docs 121, 122, 123, file same in paper
file
Download, save & print Docs 124, 125, file same in paper file.
Download, save & print Docs 126, 127, file same in paper file;
calendar response date for Doc 126.
Transcribe Oct 8 thru Dec 31st hours to fee stmt
Download, save & print Docs 130, 131, 132, file same in paper
file.
Print ISP Docs from their discovery DVD; police training
records, ISP procedures; file these in litigation file for ISP
Defendants
Download, save & print Doc 141, file same in paper file.
Download, save & print Docs 142, 143, 144, 145, 146, file same
in paper file.
Attempt to find address for Evelyn Mendez on internet for
service of subpoena
Download, save & print Doc 147, file same in paper file.
Download, save & print Docs 148, 149, 150, file same in paper
file.
Download, save & print Doc 151, file same in paper file.
Download, save & print Docs 152, 153, 154, 155, file same in
paper file.
Download, save & print Docs 156, 157, file same in paper file.
Download, save & print Docs 158 thru 165; file same in paper
file.
Download, save & print Docs 166 thru 175, file same in paper
file.
Download, save & print Docs 176, 177, file same in paper file.
Download, save & print Doc 178, file same in paper file; This is
a response to motion ruled as MOOT
Download, save & print Docs 179, 180, 181, 182, 183, file same
in paper file
Transcribe Jan 1 thru Feb 24 hours to fee stmt

Page 6 of 6

.4
.1
.2
.1
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.2
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1
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.4

.1
.4
.5
.1
.2
.1
.4
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.6
.6
.3
.1
.4
1.2