RHODES et al v. MARIX SERVICING, LLC et al

Filing 221

MEMORANDUM OPINION filed. Signed by Judge Michael A. Shipp on 9/28/2020. (jmh)

NOT FOR PUBLICATION

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY

MELISSA RHODES and WILLIAM
RHODES,
Plaintiffs,

Civil Action No. 12-1636 (MAS) (DEA)

v.
MEMORANDUM OPINION
MARIX SERVICING, LLC, et al.,
Defendants.

SHIPP, District Judge
This matter comes before the Court upon two motions filed by Plaintiffs Melissa Rhodes
and William Rhodes (collectively, “Plaintiffs”). First, is Plaintiffs’ Motion for Attorneys’ Fees
Pursuant to Offer of Judgment of Defendant Zucker Goldberg & Ackerman (“ZGA”). (ECF
No. 184.)1 ZGA opposed (ECF No. 191) and Plaintiffs’ replied (ECF No. 194). The Court
conducted oral argument on Plaintiff’s Motion for Attorneys’ Fees on February 7, 2019 (ECF
No. 204) Also before the Court is Plaintiffs’ Motion to Quash/Compel/Enforce Settlement against
Defendants EMC Mortgage Corporation (“EMC”) and Residential Credit Solutions, Inc.
(“Residential”). (ECF No. 195.)2,3 The Court declined to hear oral argument on Plaintiffs’ Motion
to Enforce Settlement pursuant to Local Civil Rule 78.1. After carefully considering the parties

1

The Court hereinafter refers to this motion as “Plaintiffs’ Motion for Attorneys’ Fees.”

2

The Court hereinafter refers to this motion as “Plaintiffs’ Motion to Enforce Settlement.”

3

Marix Servicing, LLC (“Marix”) was previously a named Defendant in this matter.

positions, for the reasons set forth below, Plaintiffs’ Motion for Attorneys’ Fees is granted, as
modified, in the amount of $63,680.25, which includes $59,396.88 in attorneys’ fees, $2,283.37
in expenses, and $2,000.00 pursuant to the offer of judgment; and Plaintiffs’ Motion to Enforce
Settlement is denied without prejudice.
I.

BACKGROUND
The facts of this matter are well known to the parties and, therefore, the Court recounts

only those facts necessary to resolve the instant motions. On May 31, 2018, pursuant to Rule 68
of the Federal Rules of Civil Procedure, ZGA made an offer of judgment (the “Offer of Judgment”)
to Plaintiffs stating, in relevant part,
[ZGA] hereby offers judgment to be entered against it and in favor
of the Plaintiffs, in full satisfaction of their remaining claims as to
ZGA as follows: One Thousand Dollars ($1,000) to Melissa Rhodes
and One Thousand Dollars ($1,000) to William Rhodes, plus the
costs of the action, together with a reasonable attorney’s fee as
determined by the Court and any allowable interest.
(Pls.’ Acceptance of ZGA Offer 2, ECF No. 153.) Plaintiffs accepted ZGA’s offer and filed a
Notice of Acceptance of the Offer of Judgment on June 12, 2018. (Id. at 1.) On July 18, 2018,
Plaintiffs settled their remaining claims with Marix, EMC, and Residential, and placed the terms
of their settlement on the record. (ECF No. 182.) That same day, the Court administratively
terminated the matter for 60 days, pending consummation of settlement. (ECF No. 183.)
On July 30, 2018, Plaintiffs filed their Motion for Attorneys’ Fees. (Pls.’ Mot. for
Attorneys’ Fees, ECF No. 184.) On October 31, 2018, after a series of adjournments, ZGA opposed
(ECF No. 191), and on November 12, 2018 Plaintiffs replied (ECF No. 194). On December 28,
2018, Plaintiffs filed their Motion to Enforce Settlement. (Pls.’ Mot. to Enforce, ECF No. 195.)
On January 8, 2019, Marix filed a cross-motion to enforce settlement against Plaintiffs. (ECF

2

No. 196.) On February 7, 2019, the Court held oral argument on Plaintiffs’ Motion for Attorneys’
Fees. (ECF No. 204.)
On February 12, 2019, counsel for Marix filed letter correspondence informing the Court
of a newly initiated Chapter 11 bankruptcy proceeding affecting Marix (the “Bankruptcy
Proceeding”). (ECF No. 204.) In its correspondence, Marix averred that “this proceeding is stayed
pursuant to United States Bankruptcy Code, 11 U.S.C. § 362.” (Id.) The next day, the Court
ordered Plaintiffs and ZGA to e-file correspondence regarding the impact of Marix’s bankruptcy
on Plaintiffs’ Motion for Attorneys’ Fees. (ECF No. 205.) On February 22, 2019, the Court
administratively terminated this matter pending a resolution of the Bankruptcy Proceeding. (Feb.
22, 2019 Order, ECF No. 212). The Court further ordered that any party seeking to reopen the
matter prior to the resolution of the Bankruptcy Proceeding could do so via formal motion. (Id.)
On July 11, 2019, Plaintiffs moved to re-open this matter. (ECF No. 213.) On July 22,
2019, ZGA submitted correspondence noting that, although it “disagreed with many of the
characterizations provided by Plaintiffs with respect to [the] underlying facts[,]” it did not oppose
the merits of Plaintiffs’ motion to reopen. (ECF No. 214.) On July 24, 2019, EMC and Residential
e-filed correspondence stating that they “disagree[d] with many of the statements made by
Plaintiffs in this Motion” but did not object to the matter being reopened. (ECF No. 215.)
On December 6, 2019, Marix e-filed correspondence informing the Court that the
underlying Bankruptcy Proceeding had been resolved and that the confirmed Chapter 11 plan
included a “permanent injunction [] that specifically prohibits parties from prosecuting against
[Marix] any claim for monetary recovery (including attorney’s fees) . . . arising prior to September
30, 2019.” (Marix Dec. 6, 2019 Correspondence, ECF No. 217.) Marix averred that “Plaintiffs
must immediately dismiss . . . Counts One, Two, Three, Five, Six, and Seven of the Amended

3

Complaint” against Marix (Id. at 2.) Marix further argued that because it was “no longer the
servicer of the loan at issue in this action, [it] is unable to grant the requested relief in Count Four
of the [Amended] Complaint.” (Id.) Marix also requested it be terminated from this matter. (Id.)
On February 28, 2020, the Court granted Plaintiffs’ motion to reopen the case, reinstated
Plaintiffs’ Motions for Attorneys’ Fees and to Enforce Settlement, and ordered Plaintiffs to show
cause by March 13, 2020 as to why Marix’s request to be terminated from the case should not be
granted. (Feb. 28, 2020 Order, ECF No. 218.) Plaintiffs did not respond to the Court’s Order. On
June 15, 2020, the Court, upon review of its docket and upon consideration of Plaintiffs’ failure to
respond to the Court’s February 28, 2020 Order, terminated Marix from the case without prejudice.
(ECF No. 219.)
On July 2, 2020, Marix filed a copy of an order from the United States Bankruptcy Court
for the Southern District of New York, entitled Order Granting Plan Administrator’s Third
Omnibus Motion to Enforce Injunctive Provisions of Plan and Confirmation Order. (ECF
No. 220.) The order, inter alia, bars Plaintiffs from continuing to maintain and prosecute claims
for monetary damages against Marix that arose prior to September 26, 2019. (See generally id.)
II.

LEGAL STANDARD
Attorneys’ fees and costs “may be awarded to a prevailing party . . . where authorized by

statute, court rule or contract.” Apple Corps., Ltd. v. Ml Collectors Soc’y, 25 F. Supp. 2d 480, 484
(D.N.J. 1998). “A ‘prevailing’ plaintiff entitled to a fee award is one who has succeeded on any
significant issue in litigation [that] achieves some of the benefit the part[y] sought in bringing the
suit.” Machado v. Law Offices of Jeffrey H. Ward, No. 14-7401, 2017 WL 2838458, at *1 (D.N.J.
June 30, 2017) (citations and internal quotation omitted); see also Hensley v. Eckerhart, 461 U.S.
424, 433 (1983)).

4

“The party seeking attorney[s’] fees has the burden to prove that its request for attorney[s’]
fees is reasonable.” Rode v. Dellarciprete, 892 F.2d 1177, 1183 (3d Cir. 1990) “To meet its burden
the fee petitioner must ‘submit evidence supporting the hours worked and rates claimed.’” Id.
(quoting Hensley, 461 U.S. at 433). “The Supreme Court has held that ‘[t]he most useful starting
point for determining the amount of a reasonable fee is the number of hours reasonably expended
on the litigation multiplied by a reasonable hourly rate.” Washington v. Phila. Cty. Court of
Common Pleas, 89 F.3d 1031, 1035 (3d Cir. 1996) (quoting Hensley, 461 U.S. at 433); see also
Rode, 892 F.2d at 1183. “The result of this computation is called the lodestar.” Washington, 89
F.3d at 1035.
“Reasonable hourly rates are typically determined based on the market rate in the attorney's
community for lawyers of similar expertise and experience. Machado, 2017 WL 2838458, at *2
(citing Interfaith Cmty. Org. v. Honeywell Int’l, Inc., 426 F.3d 694, 712 (3d Cir. 2005), as amended
(Nov. 10, 2005)). “The starting point in determining a reasonable hourly rate is the attorney’s usual
billing rate, but this is not dispositive.” Id. (quoting Pub. Int. Research Grp. of N.J., Inc. v. Windall,
51 F.3d 1179, 1185 (3d Cir. 1995)). “After a court ascertains a reasonable hourly rate, it must then
determine whether the hours that the attorney expended are reasonable.” Id. (citing Hensley, 461
U.S. at 433–34). The Court will exclude any hours that “were not reasonably expended” from the
fee calculation. Hensley, 461 U.S. at 434 (citation omitted). “Hours are not reasonably expended
if they are excessive, redundant, or otherwise unnecessary.” Rode, 892 F.2d at 1183. To determine
whether the hours expended in this matter are reasonable, “it is necessary that the Court ‘go line,
by line, by line’ through the billing records supporting the fee request.” Evans v. Port Auth. of N.Y.
& N.J., 273 F.3d 346, 362 (3d Cir. 2001) (emphasis in original)

5

When the fee petitioner has produced satisfactory evidence for a fee award, the burden
shifts to “the party opposing the fee to contest the reasonableness of the hourly rate requested or
the reasonableness of the hours expended.” Apple Corps. Ltd. v. Int’l Collectors Soc’y, 25 F. Supp.
2d 480, 485 (D.N.J. 1998). “If the party opposing the fee petition meets its burden of proving that
an adjustment is necessary, the [C]ourt has wide discretion to adjust the attorneys’ fee . . . .” Id.
(citation omitted); see also Hensley, 461 U.S. at 433 (noting determining reasonableness of fees is
within the trial court’s discretion). Indeed, the Court “has wide discretion to adjust the attorneys’
fee for a variety of reasons such as inadequate documentation of hours spent, reasonableness of
hours expended or duplication of efforts.” Apple Corps. Ltd., 25 F. Supp. 2d at 485 (citing Ursic
v. Bethlehem Mines, 719 F.2d 670, 677 (3d Cir. 1983)).
“The Court, however, must be prompted by the opposing party to review specific charges
and cannot make any adjustments sua sponte.” Machado, 2017 WL 2838458, at *2 (citing
Interfaith, 426 F.3d at 711). “The lodestar calculation is presumed reasonable, but the ‘[C]ourt can
adjust the lodestar downward if the lodestar is not reasonable in light of the results obtained.’” Id.
(quoting Washington, 89 F.3d at 1035).
III.

PARTIES’ POSITIONS4
Plaintiffs’ Motion for Attorneys’ Fees seeks a total award of $141,544.27, which consists

of: (1) attorneys’ fees in the amount of $102,330.83; (2) a one-third enhancement of fees in the
amount of $34,110.28; (3) expenses in the amount of $3,103.16; and (4) $2,000.00 pursuant to the
Offer of Judgment. (Pls.’ Fees Moving Br. 17–18, ECF No. 184-4.) Plaintiffs request the use of
the following hourly rates for the Court’s lodestar calculation: (1) William P. Rubley at $300.00

Because the Court denies Plaintiffs’ Motion to Enforce Settlement without prejudice, as
discussed in Section IV.G., infra, the Court declines to recount the Plaintiffs’ arguments in support
of their motion here.
4

6

per hour; (2) Scott M. Zauber at $300.00 per hour; (3) John P. Leon at $300.00 per hour; (4)
Anthony J. Canale at $250.00 per hour; (5) Michael P. Morrow at $150.00 per hour; and (6)
paralegals at $125.00 per hour. (Id. at 10.) Plaintiffs aver that their time records properly document
the time expended in the matter, and that their requested hourly rates are reasonable based on the
fee schedule established by Community Legal Services of Philadelphia (“CLS”). (Id. at 10–11.)
As to their requested expenses, Plaintiffs aver that their request is reasonable and that their request
“[has] been appropriately discounted to reflect the share of expenses that is fairly attributable to
[ZGA].” (Id. at 12–13.)
Plaintiffs argue that they are entitled to an upward adjustment of the lodestar calculation
because “the hourly rates do not adequately reflect market value and because of the exceptionally
protracted limitation and unanticipated delays in payment of fees.” (Id. at 13.) Plaintiffs contend
that their hourly rates were below the CLS guidelines and, accordingly, they were below market
value and entitle them to an upward adjustment. (Id. at 14–15.) As to the unexpected delays,
Plaintiffs note that this litigation has been pending since March 15, 2012 and had only been
scheduled to go to trial on July 25, 2018. (Id. at 16.) Plaintiffs contend that “a major factor in that
delay” was ZGA’s bankruptcy filing which occurred on August 3, 2015, “after discovery had been
completed and a final pretrial conference had been set.” (Id.) Plaintiffs also note that ZGA opposed
Plaintiffs’ previous motion to reopen this case after Plaintiffs were granted relief from the
automatic stay imposed by ZGA’s bankruptcy, requiring Plaintiffs to incur additional expenses
from the subsequent motion practice. (Id. at 16–17.) Plaintiffs, accordingly, request a one-third
enhancement of the lodestar amount of fees. (Id. at 17.)

7

ZGA advances several arguments in opposition. First, ZGA argues the Court should deny
Plaintiffs’ Motion for Attorneys’ Fees because Plaintiffs failed to comply with Local Civil
Rule 54.2. (ZGA Opp’n Br. 14, ECF No. 191.) Local Civil Rule 54.2(a) states, in relevant part,
In all actions in which a counsel fee is allowed by the Court or
permitted by statute, an attorney seeking compensation for services
or reimbursement of necessary expenses shall file within 30 days of
the entry of judgment or order, unless extended by the Court, a
motion for fees and expenses in accordance with L. Civ. R. 7.1.
L. Civ. R. 54.2(a). ZGA contends that, because Plaintiffs accepted the Offer of Judgment on
June 12, 2018, they had until July 12, 2018 to seek a fee award. (ZGA Opp’n Br. 14.) Because
Plaintiffs’ did not file their Motion for Attorneys’ Fees until July 30, 2018, ZGA argues that the
Motion is untimely and should be denied. (Id.) ZGA similarly argues that the Motion should be
denied because the documentation submitted by Plaintiffs is inadequate (Id. at 15.)
ZGA further contends that Plaintiffs “cannot satisfy their heavy burden to establish that the
fees incurred were reasonable” and that granting Plaintiffs’ Motion for Attorneys’ Fees would
result in an impermissible “windfall” to Plaintiffs’ counsel. (Id. at 13, 15.) As to Plaintiffs’
requested enhancement, ZGA argues that Plaintiffs failed to demonstrate “rare” or “exceptional”
facts that would permit a fee enhancement. (Id. at 22.) Further, ZGA argues Plaintiffs contributed
to the matter’s delay, and that Plaintiffs are trying to penalize ZGA for filing for bankruptcy when
it was merely seeking to exercise the “legal and statutory rights afforded to it.” (Id. at 24.)
Moreover, regarding general billing entries that pertained to all Defendants, Plaintiffs
attributed 33.3% of those billing entries to ZGA, which ZGA contends is arbitrary and, at the very
least, the share of the entries attributable to ZGA should be reduced to 25% because ZGA was one
of four named Defendants. (Id. at 26.)

8

ZGA also argues Plaintiffs submitted a number of entries related to efforts to educate
themselves about specific claims, and many of those billing entries are duplicative, not recoverable
to a client, and therefore inappropriate for a fee application. (Id. at 19–22.) ZGA further disputes
billing entries for individuals whom Plaintiffs did not reference or describe in their fee application
or attendant briefs. (Id. at 20.) Finally, ZGA contends that Plaintiffs are seeking fees for claims on
which they were not, or were only marginally, successful. (Id. at 20–21.) Accordingly, ZGA argues
that if the Court awards attorneys’ fees to Plaintiffs, a reasonable sum would be $9,263.59, which
should be further reduced in accordance with the 33% to 25% apportionment ZGA contends is
appropriate. (Id. at 18–19.)
In reply, Plaintiffs argue a three-way apportionment of fees is appropriate because two
Defendants—EMC and Residential—were represented by common counsel. (Pls.’ Fee Reply Br. 1
n.1, ECF No. 194.) Plaintiffs contend that the hours expended, 948.7, are reasonable because this
matter was litigated for nearly 90 months and because that number equates to roughly 10.5 hours
per month. (Id. at 2.) Plaintiffs note that the figure proposed in ZGA’s opposition brief—an award
of roughly $9,000 in fees—“would yield a rate of about $9.50 per hour for the 948.7 hours of work
performed” and that “[n]o reasonable person could conclude” such a figure was adequate
compensation. (Id. at 3.) Plaintiffs further argue that ZGA violated the Fair Debt Collection
Practices Act (“FDCPA”) in multiple ways when it sent a Notice of Intent to Foreclose to Plaintiffs
and that “[b]ut for this litigation,” Plaintiffs likely would have lost their home. (Id. at 6–7.)
IV.

DISCUSSION
As a preliminary matter, the Court finds that the Offer of Judgment entitles Plaintiffs to

reasonable attorneys’ fees, Plaintiffs’ Motion seeking these fees was timely, and Plaintiffs have
provided sufficient detail to support their request for fees.

9

ZGA contends that, because Plaintiffs accepted the Offer of Judgment on June 12, 2018,
they had until July 12, 2018 to seek a fee award and that because Plaintiffs’ did not file their Motion
for Attorneys’ Fees until July 30, 2018 the Motion is untimely and should be denied. (ZGA Opp’n
Br. 14.) The Court disagrees. Local Civil Rule 54.2(a) states that “an attorney seeking
compensation for services or reimbursement of necessary expenses shall file within 30 days of the
entry of judgment or order.” L. Civ. R. 54.2(a) (emphasis added). Although the Plaintiffs accepted
the Offer of Judgment on June 12, 2018 and filed their acceptance on the docket, the Clerk of the
Court never entered judgment and, therefore, the 30-day timer never started to run. Plaintiffs’
Motion for Attorneys’ Fees is therefore timely.
Finally, ZGA contends that the spreadsheet Plaintiffs submitted in support of their fee
application (“Plaintiffs’ Spreadsheet”) is insufficient to support the requested fee award. (ZGA
Opp’n Br. 18–22, 25–26.) Although some entries lack adequate specificity, which the Court
addresses below, the Court otherwise finds Plaintiffs’ Spreadsheet sufficiently detailed to perform
a thorough analysis. (Pls.’ Spreadsheet, Ex. A to Pls.’ Fees Moving Br., ECF No. 184-2); see, e.g.,
Avaya, Inc. v. Telecom Labs, No. 06-2490, 2016 WL 223696, at *4 (D.N.J. Jan. 19, 2016)
(“[S]ufficiently detailed summaries may be appropriate for fee applications . . . .”); see also Rode,
892 F.2d at 1190 (“A fee petition is required to be specific enough to allow the district court to
determine if the hours claimed are unreasonable for the work performed.”) (internal quotations
omitted).
A.

The Hourly Rates Suggested by Plaintiffs Are Reasonable

Plaintiffs have demonstrated that their hourly rates are reasonable, as they are within, or
below, the ranges set forth in the CLS fee schedule. “The fee schedule established by Community
Legal Services, Inc. (“CLS”) ‘has been approvingly cited by the Third Circuit as being well

10

developed and has been found . . . to be a fair reflection of the prevailing market rates.’”
Maldonado v. Houstoun, 256 F.3d 181, 187 (3d Cir. 2001) (quoting Rainey v. Philadelphia
Housing Auth., 832 F.Supp. 127, 129 (E.D. Pa. 1993). The Court, therefore, is satisfied that
Plaintiffs’ hourly rates are reasonable.
B.

Plaintiffs’ Erred By Attributing 33.33% of Shared Costs to ZGA

For general billing entries that pertained to all Defendants, Plaintiffs attributed 33.33% of
the entries to ZGA. ZGA contends this apportionment is arbitrary, and at the very least, the share
of the entries attributable to ZGA should be reduced to 25% because ZGA was one of four named
Defendants. (Id. at 26.) The Court agrees. There were four Defendants in this matter, and the Court
is not persuaded by Plaintiffs’ argument that ZGA should be held accountable for a larger share
simply because common counsel represented EMC and Residential. The Court, accordingly,
downwardly adjusts all billing entries that attributed 33.33% of the costs to ZGA so that they now
attribute 25%. (See generally Court’s Spreadsheet.)5
C.

The Court Reviews Plaintiffs’ Spreadsheet Line-By-Line, Finds Certain
Requests Are Not Reasonable, and Accordingly Rejects Specific Entries

The Court further finds Plaintiffs are not entitled to certain entries included in Plaintiffs’
Spreadsheet, for the reasons enumerated below. The Court addresses each in turn. In so doing, the
Court, in large part, adopts Plaintiffs’ Spreadsheet’s format in addressing the reasonableness of the
hours expended. Plaintiffs’ Spreadsheet included the following column headers: (A) Date;
(B) Staff; (C) Service Performed; (D) Time; (E) Cost; (F) Fee/Expense; (G) Percentage; and
(H) Amount Attributable to ZGA. (Pls.’ Spreadsheet 1.) Plaintiffs, however, did not include
individualized row numbers or any other unique identifier that could be used to differentiate

The Court’s Spreadsheet is appended to the end of this Memorandum Opinion. The formatting
and contents of the Court’s Spreadsheet are discussed in Section IV.C., infra.
5

11

between various entries. The Court, in generating the Court’s Spreadsheet, subsequently converted
the provided .pdf document into a Microsoft Excel .xlsx file, and inserted a column to the left of
the existing Column A. (See generally Court’s Spreadsheet.) In the Court’s Spreadsheet, each row
of data has a corresponding “Row Number” that acts as a unique identifier. The numerals in the
“Row Number” column begin with the first row of data and do not include the column headers
provided by Plaintiffs. The references below act as if Plaintiffs presented the data using the
following column headings: (A) Row Number; (B) Date; (C) Staff; (D) Service Performed;
(E) Time; (F) Cost; (G) Fee/Expense; (H) Percentage; and (I) Amount Attributable to ZGA.
(Compare Pls.’ Spreadsheet with Court’s Spreadsheet.)
1.

An Unfiled Motion for Default Judgment

Plaintiffs’ Spreadsheet includes a billing entry for preparation of a default judgment.
Plaintiffs, however, never filed such a motion, and Plaintiffs’ Motion and attendant briefs fail to
address why Plaintiffs are entitled to fees for preparing that motion. The Court, therefore, declines
to award Plaintiffs the following fees:
Time

Row
#

Date

Staff

Service Performed

44

7/11/2012

WPR

Prepare the Default judgments against Mariz
and default Zucker Goldberg.

2.

Cost

Fee/
Expense

%

Amount
Attributable
to ZGA

2.5

$750.00

Fee

50.00%

$375.00

Unidentified Persons

Plaintiffs’ application includes billing entries for individuals whom Plaintiffs fail to explain
who they are or how they were involved in the underlying litigation. For example, numerous
entries reference “counsel in New York” or “Eric Browndorf,” but there is no counsel from New
York or an Eric Browndorf listed on the docket. These billing entries, therefore, lack proper
documentation and specificity for the Court to perform an adequate review. Plaintiffs, accordingly,
failed to demonstrate that their charges related to unidentified individuals are reasonable or
12

recoverable.6 See, e.g., UAW Local 259 Soc. Sec. Dep’t v. Metro Auto Ctr., 501 F.3d 283, 291 (3d
Cir. 2007) (“In requesting, challenging, and granting attorneys’ fees, specificity is critical.”). The
Court, therefore, declines to award Plaintiffs fees for the following entries associated with
unidentified individuals:7
Time

Cost

Fee/
Expense

%

Amount
Attributable
to ZGA

E‐mails with counsel in New York; review all
documents for the pre‐trial conference in the
morning.

1

$300.00

Fee

33.33%

$100.00

WPR

Conference call with the Judge; review e‐mail
from NY class action counsel.

0.4

$120.00

Fee

33.33%

$40.00

SMZ

Discussion with Eric Browndorf re basic
strategy for mediation.

0.5

$150.00

Fee

33.33%

$50.00

2.2

$660.00

Fee

33.33%

$220.00

Row
#

Date

Staff

59

9/10/2012

WPR

76

10/18/2012

160

5/7/2013

Service Performed

164

5/7/2013

WPR

Multiple telephone calls and e‐mails with
Judge Rosen, Judge Arpert, secretary for Judge
Rosen and all parties to the case; telephone call
with co‐counsel Eric Browndorf.

170

5/13/2013

WPR

Prepare e‐mail to Eric Browndorf.

0.2

$60.00

Fee

33.33%

$20.00

178

5/16/2013

WPR

Conference call with Eric Browndorf; meet
with Scott Zauber.

0.8

$240.00

Fee

33.33%

$80.00

202

8/19/2013

WPR

Review the opinion and order on the Motion to
Compel; e‐ mail the same to Browndorf;
telephone call with the client.

1.5

$450.00

Fee

50.00%

$225.00

229

9/27/2013

SMZ

Conference with Will Rubley re discussion
regarding case and conference call with Eric
Browndorf.

0.5

$150.00

Fee

33.33%

$50.00

WPR

Telephone call with counsel for LPS and
review documents with counsel regarding LPS
Default Solutions; search for LPS Default
Solutions and claims against LPS and Al
Evans.

1.9

$570.00

Fee

33.33%

$190.00

233

9/30/2013

That these entries lack specificity is underscored by ZGA having to assume Plaintiffs’ actions
were to educate themselves. (See ZGA Opp’n Br. 20 (“These entries appear to be with counsel that
specializes in FDCPA claims and class actions. However, no New York counsel ever appeared
here, nor did Mr. Browndorf. Nonetheless, Plaintiffs seek time for consulting with another attorney
presumably to educate themselves.”).)
6

7

The Court acknowledges that some billing entries include fees for both identified and unidentified
individuals. The Court, however, declines to reduce those billing entries because Plaintiffs have
not submitted documentation indicating how much time was spent performing each task, and to
reduce those awards would require the Court to arbitrarily allot time to each action. See, e.g.,
United States ex rel. Palmer v. C&D Techs., Inc., 897 F.3d 128, 139 (3d Cir. 2018) (citation
omitted) (“[D]istrict Courts, in awarding attorneys’ fees, may not reduce an award by a particular
percentage or amount (albeit for justifiable reasons) in an arbitrary or indiscriminate fashion.”).
13

236

10/1/2013

WPR

Meeting with Browndorf, Thorton, and Zauber.

3

$900.00

Fee

33.33%

$300.00

1

$300.00

Fee

33.33%

$100.00

256

11/5/2013

WPR

Telephone call with LPS Default Solutions in‐
house counsel regarding the responses to the
subpoenas; pull research on the individual
known as Al Evans at LPS Default Solutions;
pull research on subpoena of a non‐party
employee of a non‐ party for a deposition here
in NJ.

526

12/19/2014

WPR

Meet with Sidelsky; review the electric bill
from the client; initial review of the Motion for
Financing of the Insurance Premiums.

0.5

$150.00

Fee

33.33%

$50.00

620

1/12/2017

WPR

Telephone message for Adler.

0.1

$25.00

Fee

100.00%

$25.00

3.

Unsuccessful Motions

Courts are permitted to downwardly adjust a plaintiff’s fee application to reflect the
plaintiff’s limited success. See, e.g., Hensley, 461 U.S. at 436–37. “There is no precise rule or
formula,” however, for determining whether a fee award is reasonable. Id. at 436. In those
circumstances, “[t]he [D]istrict [C]ourt may attempt to identify specific hours that should be
eliminated, or it may simply reduce the award to account for the limited success. The [C]ourt
necessarily has discretion in making this equitable judgment.” Id. at 436–37. Courts, however,
must also consider the “interrelated nature of the lawsuit as a whole.” Williams v. Tri-Cty.
Growers, Inc., 747 F.2d 121, 137 (3d Cir. 1984).
Here, the Court recognizes the interrelated nature of Plaintiffs’ claims, and that “but for
this litigation” Plaintiffs would have lost their home. The Court, however, finds that ZGA’s
involvement in this action was peripheral to the corpus of the litigation, and Plaintiffs were only
partially successful overall. In fact, only two of the eight counts in Plaintiffs’ Second Amended
Complaint pertained to ZGA, and of those two counts, Plaintiffs only obtained an offer of judgment
as to the FDCPA claim. The Court, therefore, finds it appropriate to strike billing entries related to
issues that were unsuccessful, including: (1) Motion to Withdraw Reference; (2) Motion for
Attorneys’ Fees, filed before the Honorable Douglas E. Arpert, U.S.M.J. (ECF No. 47); (3)

14

Settlement and Enforcing Settlement; and (4) Summary Judgment. The Court will address each in
turn.
i.

Motion to Withdraw Reference

Plaintiffs’ Spreadsheet includes billing entries for a motion to withdraw a bankruptcy
reference that this Court previously found was improperly filed. (See In re Zucker, Goldberg &
Ackerman, LLC, No. 15-7466, ECF No. 5 (“The Rhodes Action was never ‘referred’ to the
Bankruptcy Court, and thus, there is nothing for this Court to withdraw reference to. If the relief
Plaintiffs seek is that the Rhodes Action be ‘reopened’ . . . they should file the appropriate motion
in the Rhodes Action . . . .”).) Because Plaintiffs were unsuccessful (and improperly filed) that
motion, the Court declines to award attorneys’ fees for the following entries:
Time

Cost

Fee/
Expense

%

Amount
Attributable
to ZGA

Pull research on Motion to Vacate Reference.

2.5

$750.00

Fee

100.00%

$750.00

WPR

Continue to research motions to withdraw the
reference.

2.6

$780.00

Fee

100.00%

$780.00

9/14/2015

WPR

Continue to draft the Motion to Withdraw the
Reference.

2

$600.00

Fee

100.00%

$600.00

591

9/29/2015

WPR

[CS] Conduct legal research on the withdraw of
reference from Bankruptcy.

2

$400.00

Fee

100.00%

$400.00

592

9/30/2015

WPR

[CS] Prepare motion to withdraw reference.

4

$800.00

Fee

100.00%

$800.00

593

10/5/2015

WPR

[CS] Discuss same with Will Rubley.

0.3

$60.00

Fee

100.00%

$60.00

594

10/5/2015

WPR

[CS] Conduct additional research on the
mandatory withdraw of the reference.

1

$200.00

Fee

100.00%

$200.00

595

10/5/2015

WPR

[CS] Make necessary corrections and additions
to the memorandum of law in support of the
motion.

3

$600.00

Fee

100.00%

$600.00

596

10/6/2015

WPR

Review the Motion to withdraw the Reference.

2.2

$660.00

Fee

100.00%

$660.00

597

10/8/2015

WPR

[CS] Final review the motion to withdraw.
Review citations and shepardize case law.
Prepare table of contents and table of
authorities.

4.5

$900.00

Fee

100.00%

$900.00

598

10/8/2015

WPR

Call with the bankruptcy court.

0.3

$90.00

Fee

100.00%

$90.00

599

10/8/2015

WPR

Final review of the Motion to Withdraw the
Reference.

1.5

$450.00

Fee

100.00%

$450.00

600

10/9/2015

WPR

[CS] Prepare letter to Judge Shipp enclosing
copy of the motion to withdraw reference.
Organize motion and exhibits to send to Judge.

0.6

$120.00

Fee

100.00%

$120.00

Row
#

Date

Staff

587

8/20/2015

WPR

588

9/2/2015

589

Service Performed

15

601

10/9/2015

WPR

Review the rules for service of the Motion to
Withdraw the Reference.

0.4

$120.00

Fee

100.00%

$120.00

602

10/15/2015

WPR

[CS] Review Zucker’s response to Rhodes’
motion to withdraw.

0.2

$40.00

Fee

100.00%

$40.00

2.5

$750.00

Fee

100.00%

$750.00

603

10/15/2015

WPR

Review the opposition to the Motion to
Withdraw the reference. Pull cases on ôrelated
toö jurisdiction of the bankruptcy court and
prepare the reply.

604

10/16/2015

WPR

Finalize the reply to the Motion to Withdraw
the reference and file the same.

1.5

$450.00

Fee

100.00%

$450.00

606

11/23/2015

WPR

Review the order from the district court
denying the Motion to Withdraw the
Reference.

0.5

$150.00

Fee

100.00%

$150.00

765

10/12/2015

SMZ

Filing fee for Motion to Withdraw Reference.

Flat
Exp

$176.00

Expense

33.33%

$58.67

ii.

Attorneys’ Fees Motion before Judge Arpert

Plaintiffs’ application also includes billing entries for an attorneys’ fees motion before
Judge Arpert, which Judge Arpert denied. (ECF No. 54.) The Court, therefore, declines to award
Plaintiffs attorneys’ fees for the following entries:
Row
#

Date

Staff

Service Performed

Time

Cost

Fee/
Expense

%

Amount
Attributable
to ZGA

208

9/4/2013

WPR

Begin to prepare the Motion for fees and costs;
pull research on the Lodestar Analysis.

1.7

$510.00

Fee

50.00%

$255.00

221

9/19/2013

WPR

Pull research on post‐petition attorney's fees in
bankruptcy and whether they need to be
approved by the bankruptcy court in order to be
considered due and owing.

1.5

$450.00

Fee

33.33%

$150.00

228

9/26/2013

WPR

Review research and prepare the Motion for
Attorneys Fees and Costs.

3.8

$1,140.00

Fee

50.00%

$570.00

230

9/27/2013

WPR

File the Motion for Fees; e‐mails with Sayles
regarding the motions.

0.7

$210.00

Fee

50.00%

$105.00

WPR

Pull research on post‐petition attorneys fees by
secured creditor and violation of discharge
injunctions; continue to review the notes from
Marix and the e‐mails and communications
from Zucker to LPS Default Solutions.

1.1

$330.00

Fee

33.33%

$110.00

234

9/30/2013

iii.

Settlement, Mediation, and Enforcing Settlement

The parties’ multiple failed settlement attempts greatly contributed to this matter’s tortured
history. The parties first attended a settlement conference before Judge Arpert on May 15, 2014,
which was unsuccessful. (See Docket Entry for May 15, 2014.) Subsequently, on October 8, 2014,

16

the parties attended another settlement conference before the Undersigned that appeared
successful, and the Court entered an order dismissing the case without prejudice. (ECF No. 82.)
On November 26, 2014, Plaintiffs filed a Motion to Reopen the Case, 8 which resulted in
motion practice related to enforcing the settlement, as well as another round of settlement
conferences before the Undersigned. (See Docket Entry for Feb. 18, 2015.) When that settlement
conference failed, the Court reopened the matter and reinstated the pending summary judgment
motions. (ECF No. 102.) The Court then held another settlement conference on April 4, 2018, and
Plaintiffs submitted a Notice of Acceptance of Offer of Judgment by ZGA on June 12, 2018. (ECF
No. 153.) Thus, the majority of those settlement attempts were unsuccessful, and the settlement
offer Plaintiffs did ultimately accept was for a significantly reduced recovery than they were
originally seeking. See, e.g., Berne Corp. v. Gov’t of the V.I., No. 2001-141, 2012 U.S. Dist. LEXIS
13128, at *27 (D.V.I. Feb. 3, 2012) (declining to award the plaintiffs attorneys’ fees for failed
settlement attempts, stating, inter alia “it is not clear whether the [p]laintiffs’ participation in these
efforts were useful and necessary to secure the final result obtained . . . .”).
The Court, accordingly, declines to award attorneys’ fees for the following entries:
Row
#

Date

Staff

Service Performed

Time

Cost

Fee/
Expense

%

Amount
Attributable
to ZGA

58

9/7/2012

WPR

E‐mails with the client and send offer to settle
to Zucker.

0.5

$150.00

Fee

100.00%

$150.00

152

5/1/2013

WPR

3

$900.00

Fee

33.33%

$300.00

153

5/2/2013

WPR

3.5

$1,050.00

Fee

33.33%

$350.00

Continue to prepare the mediation statement;
e‐mails with Judge Rosen's office; send e‐mail
to client.
Finalize the mediation statement and send the
same with all exhibits to Judge Rosen; review
the credit report of the client; send credit
report to all parties; prepare e‐mail to counsel
for EMC regarding outstanding discovery; e‐
mail to counsel in NY.

Plaintiffs’ settlement dispute pertained to two other Defendants, but because that settlement “was
part of the overall settlement package with all parties” Plaintiffs argued “there c[ould] be no
meeting of the minds with the remaining Defendants,” which included ZGA. (Pls.’ Cross-Motion
to Enforce Settlement Opp’n Br. 7, ECF No. 94.)
8

17

154

5/3/2013

SMZ

Conference with Will Rubley re discussion
regarding strategy, mediation, trial counsel and
class action status.

1.2

$360.00

Fee

33.33%

$120.00

158

5/6/2013

SMZ

Discussion with Will Rubley on file and
preparation for mediation.

1.5

$450.00

Fee

33.33%

$150.00

161

5/7/2013

SMZ

Mediation preparation with Will Rubley and
discussion with client.

1.5

$450.00

Fee

33.33%

$150.00

0.5

$150.00

Fee

33.33%

$50.00

162

5/7/2013

SMZ

Telephone conference with Will Rubley re
various discussions regarding proceeding
forward with mediation and parties not
attending.

163

5/7/2013

WPR

Telephone call with the client to prepare for
mediation.

0.5

$150.00

Fee

33.33%

$50.00

165

5/7/2013

WPR

Pull documents and prepare for the mediation;
review all discovery; send credit report to all
parties as supplement to answers to discovery.

1.3

$390.00

Fee

33.33%

$130.00

166

5/8/2013

SMZ

Multiple telephone conferences with Will
Rubley re settlement conference discussions
with client and Will at conference.

0.5

$150.00

Fee

33.33%

$50.00

333

2/21/2014

SMZ

Conference with Will Rubley re settlement
discussion with client.

0.5

$150.00

Fee

33.33%

$50.00

334

2/21/2014

WPR

Telephone call with the client and then e‐mail
to all parties concerning settlement.

0.5

$150.00

Fee

33.33%

$50.00

346

3/2/2014

WPR

Telephone call with Zauber regarding possible
settlement.

0.6

$180.00

Fee

33.33%

$60.00

347

3/3/2014

SMZ

Telephone conference with Will Rubley re
settlement discussion.

0.5

$150.00

Fee

33.33%

$50.00

0.4

$120.00

Fee

33.33%

$40.00

379

3/24/2014

WPR

E‐mail all parties regarding conference call;
set up the conference call with the court;
prepare e‐mail to Judge Rosen's office and e‐
mail all parties regarding mediation; prepare e‐
mail to the client re mediation.

423

5/8/2014

WPR

Begin to prepare the settlement memorandum.

1.5

$450.00

Fee

33.33%

$150.00

424

5/12/2014

WPR

Finalize and file the confidential settlement
memo with the court.

3.5

$1,050.00

Fee

33.33%

$350.00

428

5/13/2014

WPR

Review the billing records in anticipation of
the settlement conference.

1

$300.00

Fee

33.33%

$100.00

431

5/15/2014

SMZ

Travel to and appearance at mediation with
Judge Arpert.

4

$1,200.00

Fee

33.33%

$400.00

432

5/15/2014

SMZ

Conference with Will Rubley re discussion
about case after mediation/file update.

0.5

$150.00

Fee

33.33%

$50.00

433

5/15/2014

SMZ

Preparation for mediation/meeting with Will
Rubley.

0.5

$150.00

Fee

33.33%

$50.00

434

5/15/2014

WPR

Travel to and attend the settlement conference
before Judge Arpert.

4

$1,200.00

Fee

33.33%

$400.00

435

5/15/2014

WPR

Review the settlement memo and the pleadings
and the summary judgment memos as
preparation for the settlement conference.

1

$300.00

Fee

33.33%

$100.00

494

9/19/2014

SMZ

Conference with Will Rubley re strategy
session on mediation and going forward.

0.7

$210.00

Fee

33.33%

$70.00

496

9/29/2014

WPR

Review the settlement memorandum to Judge
Shipp.

0.5

$150.00

Fee

33.33%

$50.00

18

497

9/30/2014

SMZ

Conference with Will Rubley re discussion
about settlement conference and submission.

0.7

$210.00

Fee

33.33%

$70.00

498

9/30/2014

WPR

Make changes to the Settlement Agreement.

0.4

$120.00

Fee

33.33%

$40.00

499

10/1/2014

JPL

Review and revise letter to judge re settlement
conference (history of case and issues etc.)

0.3

$90.00

Fee

33.33%

$30.00

500

10/1/2014

WPR

Finalize the settlement letter to Judge Shipp
and fax the same to the Judge's chambers.

1

$300.00

Fee

33.33%

$100.00

502

10/7/2014

WPR

Final preparation for the settlement
conference; telephone call with the client.

2.1

$630.00

Fee

33.33%

$210.00

503

10/8/2014

WPR

Travel to and attend the Settlement Conference
with Judge Shipp.

7.5

$2,250.00

Fee

33.33%

$750.00

504

10/10/2014

WPR

Begin to prepare the settlement documents.

1.8

$540.00

Fee

33.33%

$180.00

505

10/15/2014

WPR

Continue to prepare the settlement documents;
e‐mails to and from the client.

1.2

$360.00

Fee

33.33%

$120.00

507

10/27/2014

WPR

Continue to prepare the settlement agreements.

0.8

$240.00

Fee

33.33%

$80.00

508

10/28/2014

WPR

Continue to prepare the settlement agreements.

1.2

$360.00

Fee

33.33%

$120.00

509

11/3/2014

WPR

Continue drafting the settlement agreements;
e‐mail with Kelner.

2.5

$750.00

Fee

33.33%

$250.00

510

11/4/2014

WPR

Finalize the settlement agreements and send
the same to all parties.

3.6

$1,080.00

Fee

33.33%

$360.00

4.5

$900.00

Fee

33.33%

$300.00

518

11/25/2014

WPR

[CS] Conduct legal research on motion to
enforce settlement; conduct legal research on
motion to reopen case after an Order
dismissing the action without prejudice was
entered by the court; prepare Motion to
Reopen Case.

525

12/19/2014

WPR

Initial review of the Cross Motion to Enforce
Settlement.

1

$300.00

Fee

33.33%

$100.00

527

12/22/2014

WPR

Pull research on the Cross Motion to Approve
Settlement.

1.3

$390.00

Fee

33.33%

$130.00

528

1/3/2015

WPR

Pull research on the Motion to Enforce
Settlement.

2.5

$750.00

Fee

33.33%

$250.00

529

1/5/2015

WPR

Continue to draft the response to the cross
motion to enforce settlement.

3.5

$1,050.00

Fee

33.33%

$350.00

530

1/6/2015

WPR

Continue to pull research on the settlement of
certain claims against certain defendants when
the claims are co‐dependent on non‐settling
claims.

2.2

$660.00

Fee

33.33%

$220.00

532

1/6/2015

WPR

Review the Motion to Enforce Settlement by
Zucker.

1.9

$570.00

Fee

100.00%

$570.00

533

1/7/2015

WPR

Continue to research motions to approve
settlement and to prepare the opposition to the
same.

4.5

$1,350.00

Fee

33.33%

$450.00

534

1/8/2015

WPR

Continue to draft opposition to the Motions to
Enforce Settlement.

1.3

$390.00

Fee

33.33%

$130.00

535

1/9/2015

WPR

Continue to draft the Response to the Motion
to Enforce Settlements.

2.6

$780.00

Fee

33.33%

$260.00

548

2/16/2015

WPR

Continue research on the empty chair defense;
draft letter to Judge Shipp regarding settlement
conference.

1.8

$540.00

Fee

33.33%

$180.00

19

550

2/18/2015

WPR

[CS] Telephone conference with Will Rubley
to discuss terms of settlement with Marix and
Zucker.

552

2/18/2015

SMZ

Travel to and appearance at settlement
conference.

554

2/18/2015

WPR

555

2/22/2015

556

0.1

$20.00

Fee

50.00%

$10.00

3

$900.00

Fee

33.33%

$300.00

Travel to and attend the settlement conference
before Judge Shipp.

4.1

$1,230.00

Fee

33.33%

$410.00

WPR

Begin to prepare the responses to the Motions
to Enforce Settlement.

1.8

$540.00

Fee

33.33%

$180.00

2/25/2015

WPR

Review outstanding discovery from EMC and
Residential and review status of the case in
light of the failed settlement.

2.4

$720.00

Fee

33.33%

$240.00

557

2/27/2015

WPR

Continue to draft the opposition to the Motion
to Enforce Settlement.

2.2

$660.00

Fee

33.33%

$220.00

558

2/28/2015

WPR

Continue to draft the opposition to the cross
motions to settle or to enforce settlement.

2.8

$840.00

Fee

33.33%

$280.00

559

3/2/2015

WPR

Continue to draft the Opposition to the three
Motions to Enforce Settlement.

3.5

$1,050.00

Fee

33.33%

$350.00

560

3/3/2015

WPR

Finalize the opposition to the three cross
motions to enforce settlement and file the
same; send a courtesy copy to Judge Shipp.

4.6

$1,380.00

Fee

33.33%

$460.00

iv.

Summary Judgment

On March 20, 2018, the Court addressed the parties’ competing dispositive motions, which
included: (1) Plaintiffs’ Motion for Partial Summary Judgment, (ECF No. 59); (2) ZGA’s
Cross-Motion to Strike Portions of Plaintiffs’ Motion for Summary Judgment, (ECF No. 76);
(3) EMC and Residential’s Motion for Summary Judgment, (ECF No. 58); and (4) ZGA’s Motion
for Summary Judgment, (ECF No. 60). (Mar. 20, 2018 Op., ECF No. 132.) In its Memorandum
Opinion, the Court denied Plaintiffs’ Motion for Partial Summary Judgment. (Id. at 8.) The Court
also denied [ZGA’s] cross-motion because it would be “too drastic a remedy . . . . ” (Id. at 12.)
The Court noted, however, that “Plaintiffs should have supplemented their discovery responses
during the course of discovery,” but after balancing the parties’ interests, allowed Plaintiffs’ claims
to remain. (Id.) The Court further granted in part and denied in part ZGA’s Motion for Summary
Judgment. (Id. at 15–20.)
Here, the Court finds Plaintiffs erred in including entries pertaining to their unsuccessful
Motion for Summary Judgment. Additionally, the Court finds Plaintiffs’ entries pertaining to
20

opposing Defendants’ summary judgment motions lack specificity as the Court had four motions
before it, but most of Plaintiffs’ entries fail to indicate specifically which motion Plaintiffs were
addressing.9 The Court, therefore, is unable to perform an adequate analysis as to whether these
billing entries are reasonable.
The Court, accordingly, denies Plaintiffs attorneys’ fees for the following entries:
Row
#

Date

Staff

Service Performed

Time

Cost

Fee/
Expense

%

Amount
Attributable
to ZGA

2

$600.00

Fee

33.33%

$200.00

3

$900.00

Fee

33.33%

$300.00

3.5

$1,050.00

Fee

33.33%

$350.00

3

$900.00

Fee

33.33%

$300.00

352

3/5/2014

WPR

Begin to prepare the summary judgment
motion; begin to review the discovery from all
parties for the motion; e‐mail form Sayles and
e‐mail to Tabakin.

355

3/6/2014

WPR

Continue to prepare summary judgment motion.

356

3/7/2014

WPR

Continue to review the file and prepare for the
summary judgment motion.

357

3/10/2014

WPR

Continue to review discovery and to prepare the
summary judgment motion.

363

3/12/2014

WPR

Continue to prepare the summary judgment
motion.

6.5

$1,950.00

Fee

33.33%

$650.00

364

3/13/2014

WPR

Continue to prepare the summary judgment
motion.

10.5

$3,150.00

Fee

33.33%

$1,050.00

365

3/14/2014

WPR

Continue to prepare the summary judgment
motion; finalize the motion and file.

10.4

$3,120.00

Fee

33.33%

$1,040.00

376

3/21/2014

WPR

Telephone call with the client; review the
summary judgment motions and begin to put
down an outline of a response.

2.5

$750.00

Fee

33.33%

$250.00

377

3/21/2014

WPR

Review the Motion to Extend Time and begin
to prepare a response.

0.8

$240.00

Fee

33.33%

$80.00

387

3/26/2014

WPR

Continue to pull cases for the opposition to the
summary judgment motions of Defendants.

3

$900.00

Fee

33.33%

$300.00

399

4/7/2014

WPR

Continue to prepare the opposition to the
Motions for Summary Judgment.

2.5

$750.00

Fee

33.33%

$250.00

403

4/9/2014

WPR

Continue to prepare opposition to the Motions
for Summary Judgment.

2.2

$660.00

Fee

33.33%

$220.00

410

4/27/2014

WPR

Continue to pull research on the opposition to
the summary judgment motions filed by Zucker
and EMC/Residential.

2.5

$750.00

Fee

50.00%

$375.00

Plaintiffs include a billing entry for February 21, 2018, stating “Review all summary judgment
filings and all responses . . . .” (Pls.’ Spreadsheet 29.) Because Plaintiffs explicitly indicated that
the work performed related to “all” Defendants, the Court awards Plaintiffs twenty-five percent of
that billing entry, totaling $487.50. The Court similarly permits Plaintiffs to recover 25% of the
billing entries for rows 657 and 661. (See Court’s Spreadsheet.)
9

21

416

5/1/2014

WPR

Continue to prepare the opposition to the
Summary Judgment Motions.

4.8

$1,440.00

Fee

33.33%

$480.00

418

5/2/2014

WPR

E‐mails and telephone calls with all counsel and
with the court regarding the return dates of the
summary judgment motions.

0.6

$180.00

Fee

33.33%

$60.00

426

5/13/2014

WPR

Organize the summary judgment motions.

0.3

$90.00

Fee

33.33%

$30.00

WPR

Continue to prepare the opposition to the
Motions for Summary Judgment; telephone
calls and e‐mails with the client regarding the
payment history.

3

$900.00

Fee

33.33%

$300.00

2.5

$750.00

Fee

33.33%

$250.00

429

5/13/2014

436

5/16/2014

WPR

Continue to prepare opposition to the summary
judgment motions; pull research on the burden
of proof for payment history under RESPA and
the FDCPA.

440

5/22/2014

WPR

Continue to prepare the opposition to the
Motions for Summary Judgment.

3.5

$1,050.00

Fee

33.33%

$350.00

441

5/27/2014

WPR

Continue to prepare the opposition to the
Motions for Summary Judgment.

4.2

$1,260.00

Fee

33.33%

$420.00

443

5/28/2014

WPR

Continue to prepare the opposition to the
motions for summary judgment.

2.6

$780.00

Fee

33.33%

$260.00

449

6/2/2014

WPR

Continue to prepare the oppositions to the
summary judgment motions.

2.5

$750.00

Fee

33.33%

$250.00

451

6/5/2014

WPR

Continue to prepare the opposition to the
Motions for Summary Judgment.

2.8

$840.00

Fee

33.33%

$280.00

452

6/9/2014

WPR

Continue to draft the opposition to the summary
judgment motions.

2.4

$720.00

Fee

33.33%

$240.00

456

6/10/2014

WPR

Continue to prepare the opposition to the
summary judgment motion.

2.5

$750.00

Fee

33.33%

$250.00

460

6/15/2014

WPR

Continue to research and draft responses to
summary judgment motions.

5.5

$1,650.00

Fee

33.33%

$550.00

462

6/17/2014

WPR

Read all oppositions to Plaintiff's Motion for
Summary Judgment and begin to prepare
outline for the reply.

3.2

$960.00

Fee

33.33%

$320.00

464

6/19/2014

WPR

Continue to research the issues raised in all
three responses to Plantiff's Motion for
Summary Judgment; begin to prepare the reply.

2.8

$840.00

Fee

33.33%

$280.00

465

6/20/2014

WPR

Continue to draft the reply memorandum of
law.

3.4

$1,020.00

Fee

33.33%

$340.00

466

6/21/2014

WPR

Continue to prepare the reply memorandum of
law.

5.5

$1,650.00

Fee

33.33%

$550.00

6

$1,800.00

Fee

33.33%

$600.00

467

6/22/2014

WPR

Continue to prepare the reply memorandum of
law and pull research on the obligations of the
Plaintiff to amend pleadings and to amend
answers to discovery; draft reply and send the
same for review.

468

6/23/2014

WPR

Finalize the Reply Memorandum of Law and
the Certification and Exhibits; file the same.

2.8

$840.00

Fee

33.33%

$280.00

501

10/7/2014

SMZ

Review of complaint and summary judgment
motion repreparation for settlement discussions.

0.5

$150.00

Fee

33.33%

$50.00

22

566

5/7/2015

WPR

Review the court order requesting oral
argument. Pull motions and all replies to the
Motion and pull the summary judgment
motions and begin to review.

569

5/14/2015

WPR

Continue to prepare for the oral arguments on
the Motion to Reopen and Motions to Enforce
Settlement. Review the summary judgment
motions.

2.1

$630.00

Fee

33.33%

$210.00

573

5/19/2015

WPR

Final prep for the hearing. Review the pending
motions and the motions for summary
judgment.

1.4

$420.00

Fee

33.33%

$140.00

647

9/6/2017

WPR

Review the Henson v. Santander decision.

1.1

$275.00

Fee

33.33%

$91.67

654

2/19/2018

WPR

Pull summary judgment motions and review
documents.

2

$700.00

Fee

33.33%

$233.33

656

2/19/2018

WPR

Pull summary judgment motions and review
documents.

2

$500.00

Fee

33.33%

$166.67

7.8

$1,950.00

Fee

33.33%

$650.00

2

$500.00

Fee

33.33%

$166.67

658

2/21/2018

WPR

Review all summary judgment filings and all
responses. Prepare outline for argument.
Review the Henson and Beard decisions and
pull the legislative history of the FDCPA.
Review case law and statutes cited in the
extensive briefs.

660

2/22/2018

WPR

Final prep for oral argument on pending
summary judgment motions.

D.

0.9

$270.00

Fee

33.33%

$90.00

Summary of the Struck Entries and the Final Lodestar Calculation

In total, the Court struck 136 fee entries from Plaintiffs’ Spreadsheet. The remaining fee
entries, adjusted to the 25% split where appropriate, total $59,396.88. (See Court’s Spreadsheet,
Row 772.) The Court, accordingly, awards Plaintiffs $59,396.88 in attorneys’ fees.
E.

One-Third Enhancement

Finally, the Court denies Plaintiffs’ request for a one-third fee enhancement. “[T]here is a
‘strong presumption’ that the lodestar figure is reasonable . . . .” Perdue, 559 U.S. at 554. Plaintiffs
have the burden of proving an enhancement is necessary. Id. at 553. Plaintiffs must show
“extraordinary circumstances” were present in order to overcome the presumption of
reasonableness. Id. at 546.
Here, the Court finds Plaintiffs have failed to establish that extraordinary circumstances
were present. Namely, the Court finds unpersuasive Plaintiffs’ assertion that because they chose
to bill their clients at a rate less than the market value, that ZGA should be accountable for a fee
23

enhancement. Further, ZGA is legally entitled to pursue bankruptcy, and Plaintiffs failed to
demonstrate that ZGA’s pursuit of that relief was dilatory or in bad faith. The Court, accordingly,
denies Plaintiffs’ request for a one-third fee enhancement.
F.

Expenses and Offer of Judgment

ZGA does not dispute Plaintiffs’ request for $2,000.00, in accordance with the Offer of
Judgment. (See generally ZGA Opp’n Br.) Additionally, the Court finds Plaintiffs’ request for
expenses reasonable, with the exception of expenses struck in the tables above and subject to the
aforementioned 33.33% to 25% reduction. The Court, accordingly, awards Plaintiffs $2,000.00
pursuant to the Offer of Judgment, and $2,283.37 in expenses.
G.

The Court Denies Plaintiffs’ Motion to Enforce Settlement Without Prejudice

On December 28, 2018, Plaintiffs filed a Motion to Enforce Settlement, seeking an Order
enforcing settlement terms against EMC and Residential. (See generally Pls.’ Mot. to Enforce Br.,
ECF No. 195-1.) On January 8, 2019, Marix filed a Cross-Motion to Enforce Settlement against
Plaintiffs. (ECF No. 196.) On the same day, counsel for EMC and Residential e-filed letter
correspondence with the Court requesting a two-week adjournment of the return date for Plaintiffs’
Motion, which was granted by Judge Arpert. (ECF Nos. 197, 198.) On January 29, 2019, counsel
for EMC and Residential requested a further two-week adjournment, which was granted by the
Court. (ECF Nos. 200, 201.)
On February 13, 2019, counsel for EMC and Residential requested a further adjournment
of Plaintiffs’ Motion to Enforce Settlement. (EMC Feb. 13, 2019 Correspondence, ECF No. 207.)
In their correspondence, counsel for EMC and Residential wrote, in relevant part,
[Plaintiffs’ Motion to Enforce Settlement and Marix’s CrossMotion] have been adjourned previously due to the fact that
Plaintiffs were considering a settlement proposal from Rushmore,
the current servicer of their EMC Mortgage. Since Plaintiffs have

24

still not responded to Rushmore’s proposal, [counsel for EMC and
Residential] requested a further adjournment of the Motion to
Enforce Settlement from Plaintiffs’ counsel which was refused by
an email which advised of Marix’s [b]ankruptcy filing. If the Court
has determined the automatic stay does not apply, [counsel for EMC
and Residential] is requesting an additional two (2) weeks to file
opposition to [Plaintiffs’ Motion to Enforce Settlement].
(Id.) On February 17, 2019, the Court issued an Order, stating that “[t]he Court is in receipt of
Defendant EMC Mortgage Corporation’s correspondence notifying the Court of its February 19,
2019 deadline to file opposition to Plaintiffs’ Motion to Enforce Settlement. (ECF No. 207.) If
required, the Court will reset the briefing schedule after it considers the pending request for a stay.”
(ECF No. 208.) On February 22, 2019, the Court administratively terminated this matter pending
the resolution of the Bankruptcy Proceeding and Ordered that “[c]ounsel shall e-file
correspondence within five days of resolution of the bankruptcy proceedings.” (ECF No. 212.) On
July 11, 2019 Plaintiffs sought to re-open this matter, prior to the resolution of the Bankruptcy
Proceeding. (ECF No. 213.) On February 28, 2020, the Court granted Plaintiffs’ request and also
Ordered Plaintiffs to show cause by March 13, 2020 as to why the Court should not grant Marix’s
request to be terminated from the case. (ECF No. 218.) The Court further stated that “[u]pon receipt
of Plaintiffs’ brief, the Court shall set a briefing schedule for the reinstated motions.” (Id.)
Plaintiffs’ never responded to or acknowledged the Court’s Order. Indeed, Plaintiffs have made
no filings since July 11, 2019. It is unclear to the Court, therefore, whether a live controversy still
exists such that Plaintiffs’ Motion to Enforce Settlement is ripe for determination. For those
reasons, the Court denies Plaintiffs’ Motion to Enforce Settlement without prejudice. Should
Plaintiffs still seek relief, they may file or re-file an appropriate motion.

25

V.

CONCLUSION
For the reasons set forth above, and for other good cause shown, Plaintiffs’ Motion for

Attorneys’ Fees is granted, as modified. The Court awards Plaintiffs $59,396.88 in attorneys’ fees,
$2,283.37 in expenses, and $2,000.00 pursuant to the Offer of Judgment, for a total award of
$63,680.25. Plaintiffs’ Motion to Enforce Settlement is denied without prejudice. The Court will
enter an Order consistent with this Memorandum Opinion.

s/ Michael A. Shipp
MICHAEL A. SHIPP
UNITED STATES DISTRICT JUDGE
Dated: September 28, 2020

26

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY

KEY / NOTES:
* Rows filled in with RED were struck by the Court for the reasons set forth in the accompanying Memorandum Opinion.
* Column K is a column used by the Court to convert Plaintiffs' requested 33.33% multiplier to a 25% multiplier where appropriate,
for the reasons set forth in the accompanying Memorandum Opinion.
* Column L represents is the same values as column I, but with the adjusted multiplier accounted for
* Columns J, M, and N are left intentionally blank.
* Column O represents the same values as Column L, but with certain entries struck, for the reasons set forth in the accompanying Memorandum Opinion.
* The sum of Column O represents the Court's final computation of attorneys' fees and expenses (See Row 772).
(A)

(B)

(C)

(D)

(E)

(F)

(G)

(H)

Row
#

Date

Staff

Service Performed

Time

Cost

Fee/
Expense

%

1
2

3
4
5
6
7
8

9
10

1/18/2011 WPR Draft letter to mortgage company.
Prepare qualified written request for
2/23/2011 WPR information and serve same on Marix;
telephone conference with client re same.
Telephone conference with client and draft the
third letter to Marix regarding the bankruptcy
3/31/2011 WPR
and the qualified written
request for information.
5/6/2011 WPR Telephone call with the client.
Review correspondence from Marix again to
5/16/2011 WPR
the client.
Review the latest letter from Marix Servicing
5/27/2011 WPR and telephone call with client; go over options
with client.
6/6/2011 WPR Telephone call with the client.
Research the potential claims against Marix
including the supplemental jurisdiction of the
6/10/2011 WPR
court to hear the RESPA
violations.
Meet with the client to discuss strategy and
6/10/2011 WPR courses of
action.
7/19/2011 WPR Telephone call with the client.

(I)

(J)

(K)

(M)

(L)

(N)

(O)

0%

Amount
Attributable w/
adjusted %
$
-

$

-

0.5

$150.00 Fee

Amount
Attributable
to ZGA
0.00%
$0.00

0.5

$150.00 Fee

0.00%

$0.00

0%

$

-

$

-

1

$300.00 Fee

0.00%

$0.00

0%

$

-

$

-

0.4

$120.00 Fee

0.00%

$0.00

0%

$

-

$

-

0.4

$120.00 Fee

0.00%

$0.00

0%

$

-

$

-

1.2

$360.00 Fee

0.00%

$0.00

0%

$

-

$

-

0.2

$60.00 Fee

0.00%

$0.00

0%

$

-

$

-

2.5

$750.00 Fee

0.00%

$0.00

0%

$

-

$

-

1

$300.00 Fee

0.00%

$0.00

0%

$

-

$

-

0.2

$60.00 Fee

0.00%

$0.00

0%

$

-

$

-

Multiplier changed
from 33.33% to 25%

Amount Attributable
w/ STRUCK rows

11
12
13
14

11/16/2011
11/18/2011
12/12/2011
12/13/2011

15

12/13/2011 WPR

16

12/19/2011 WPR

17
18

12/20/2011 WPR
1/19/2012 WPR

19

1/20/2012 SMZ

20

1/20/2012 WPR

21
22
23
24
25

1/26/2012
2/3/2012
2/9/2012
2/13/2012
2/22/2012

26

2/23/2012 WPR

27
28

2/23/2012 WPR
2/28/2012 WPR

29

2/29/2012 WPR

30

3/5/2012 WPR

31

3/15/2012 MPM

32

3/15/2012 MPM

33

3/15/2012 WPR

34

3/23/2012 WPR

WPR
WPR
WPR
WPR

WPR
WPR
WPR
WPR
WPR

Review the information from the client.
Telephone message to the client.
Telephone call with the client.
E‐mails to and from the client.
Review all of the letters and other statements
from Marix;
review the letters to Marix and the
requirements for a qualified written request.
Telephone message to Marix; review file of
client.
Telephone message for Marix Servicing.
Leave message for the client.
Conference with Will Rubley re discussion on
bankruptcy proceeding and issues with stay
relief and proof of claim
throughout the case.
Telephone call with the client; pull research on
claims against the creditor for violating the
discharge order and violating RESPA; pull
cases and statutes for the complaint against
Marix and the motion for sanctions for
violating the discharge order; telephone call
and e‐mail with the mortgage
broker.
Begin to prepare the complaint.
Prepare the complaint against Marix.
Prepare e‐mail to the client.
E‐mail with the clients.
E‐mail to and from the client and telephone
Telephone call with the client and telephone
call with the representative from Wells Fargo
regarding refinancing the
client's home mortgage.
Continue to prepare the complaint.
Telephone call and e‐mail with lender.
Telephone call with lender and review the
client's credit
report.
Continue to prepare the complaint and pull
statutes on the FDCPA, FCRA, Declaratory
Judgment Act, jurisdiction, venue and the
bankruptcy code and jurisdiction in district
court; telephone call with the client and review
the client
Review draft Complaint.
Consult with Will Rubley re corrections for
Complaint.
Finalize the complaint and prepare the
complaint, cover page and summons for filing;
file everything and send the filed copies to the
process server for service.
Review the new documents from the client
regarding the new servicer and the old
attorneys for the lender; prepare and file the
First Amended Complaint naming new parties.

Fee
Fee
Fee
Fee

0.00%
0.00%
0.00%
0.00%

$0.00
$0.00
$0.00
$0.00

0%
0%
0%
0%

$
$
$
$

-

$
$
$
$

-

2

$600.00 Fee

0.00%

$0.00

0%

$

-

$

-

0.6

$180.00 Fee

0.00%

$0.00

0%

$

-

$

-

0.2
0.2

$60.00 Fee
$60.00 Fee

0.00%
0.00%

$0.00
$0.00

0%
0%

$
$

-

$
$

-

0.8

$240.00 Fee

0.00%

$0.00

0%

$

-

$

-

2.2

$660.00 Fee

0.00%

$0.00

0%

$

-

$

-

1.9
3
0.2
0.2
0.3

$570.00
$900.00
$60.00
$60.00
$90.00

Fee
Fee
Fee
Fee
Fee

0.00%
0.00%
0.00%
0.00%
0.00%

$0.00
$0.00
$0.00
$0.00
$0.00

0%
0%
0%
0%
0%

$
$
$
$
$

-

$
$
$
$
$

-

0.5

$150.00 Fee

0.00%

$0.00

0%

$

-

$

-

1.5
0.2

$450.00 Fee
$60.00 Fee

0.00%
0.00%

$0.00
$0.00

0%
0%

$
$

-

$
$

-

1

$300.00 Fee

0.00%

$0.00

0%

$

-

$

-

6

$1,800.00 Fee

0.00%

$0.00

0%

$

-

$

-

0.6

$90.00 Fee

0.00%

$0.00

0%

$

-

$

-

0.3

$45.00 Fee

0.00%

$0.00

0%

$

-

$

-

2.5

$750.00 Fee

0.00%

$0.00

0%

$

-

$

-

3.8

$1,140.00 Fee

100.00%

$1,140.00

100%

$

1.5
0.2
0.5
0.2

$450.00
$60.00
$150.00
$60.00

1,140.00

$

1,140.00

35

36

37
38
39
40
41

42

43
44
45
46
47
48
49
50

51

52
53
54
55

56

Review the new complaint and telephone call
3/27/2012 WPR with the court regarding the summons; review
letter to the court and file.
Prepare the summons for the First Amended
Complaint and prepare all documents for
3/28/2012 WPR
service; send documents out for
service.
Telephone call with counsel for Zucker and
4/3/2012 WPR e‐mail to the
client.
4/9/2012 WPR E‐mails with the client about payment history.
Telephone message with client and telephone
4/17/2012 WPR
call with client.
Review the status of the case and begin to
4/25/2012 WPR prepare the
default package for Marix.
Prepare the default package for EMC and for
6/14/2012 WPR
Marix.
Telephone call with counsel for E‐mails;
review form of consent order; telephone call
and e‐mail with counsel for Zucker; pull
6/20/2012 WPR
research on claims against Zucker and
declaratory judgment claims against lender and
second
7/9/2012 WPR Review answer filed by EMC Mortgage.
Prepare the Default judgments against Mariz
7/11/2012 WPR and default
Zucker Goldberg.
7/17/2012 WPR Telephone call with counsel for Marix.
Sign stipulation for Marix; telephone message
7/23/2012 WPR from Brian Nichols; e‐mail to Kelner;
telephone call with Kelner.
8/8/2012 WPR Review the answer filed by Marix.
8/15/2012 WPR Telephone call with counsel for Zucker.
Review stipulation and sign and send to
8/16/2012 WPR
counsel for Zucker.
Review form of joint order; telephone call with
8/21/2012 WPR
Kelner.
Draft the proposed joint discovery order;
review all pleadings and send the plan to all
8/22/2012 WPR
parties; accept changes from Kelner and send
amended to all remaining parties.
Telephone call with the client; review the order
8/23/2012 WPR from Bertone
and make changes; e‐mails with all parties.
8/29/2012 WPR Telephone call with counsel for Zucker.
Telephone call with chambers and e‐mails to
8/30/2012 WPR all parties; e‐
mail to the client.
E‐mail to and from the client; telephone call
9/4/2012 WPR
with the client.
Meeting with the client; review new documents
from the client; e‐mail with counsel for
9/5/2012 WPR
Zucker; begin to prepare the
second amended complaint.

0.4

$120.00 Fee

33.33%

$40.00

25%

$

30.00

$

30.00

1

$300.00 Fee

100.00%

$300.00

100%

$

300.00

$

300.00

0.3

$90.00 Fee

100.00%

$90.00

100%

$

90.00

$

90.00

0.3

$90.00 Fee

33.33%

$30.00

25%

$

22.50

$

22.50

0.4

$120.00 Fee

33.33%

$40.00

25%

$

30.00

$

30.00

2

$600.00 Fee

0.00%

$0.00

0%

$

-

$

-

2.2

$660.00 Fee

0.00%

$0.00

0%

$

-

$

-

2.5

$750.00 Fee

100.00%

$750.00

100%

$

750.00

$

750.00

1

$300.00 Fee

0.00%

$0.00

0%

$

-

$

-

2.5

$750.00 Fee

50.00%

$375.00

50%

$

375.00

0.2

$60.00 Fee

0.00%

$0.00

0%

$

-

$

-

0.7

$210.00 Fee

0.00%

$0.00

0%

$

-

$

-

1
0.3

$300.00 Fee
$90.00 Fee

0.00%
100.00%

$0.00
$90.00

0%
100%

$
$

90.00

$
$

90.00

0.2

$60.00 Fee

100.00%

$60.00

100%

$

60.00

$

60.00

0.6

$180.00 Fee

0.00%

$0.00

0%

$

-

$

-

1.8

$540.00 Fee

33.33%

$180.00

25%

$

135.00

$

135.00

0.8

$240.00 Fee

33.33%

$80.00

25%

$

60.00

$

60.00

0.3

$90.00 Fee

100.00%

$90.00

100%

$

90.00

$

90.00

0.5

$150.00 Fee

33.33%

$50.00

25%

$

37.50

$

37.50

0.4

$120.00 Fee

33.33%

$40.00

25%

$

30.00

$

30.00

2

$600.00 Fee

33.33%

$200.00

25%

$

150.00

$

150.00

57
58
59

60
61
62

63

64

65

66

67
68
69
70
71
72
73

74
75
76
77

Begin to prepare the Motion to Amend and
9/6/2012 WPR begin to prepare
the second amended complaint.
E‐mails with the client and send offer to settle
9/7/2012 WPR
to Zucker.
E‐mails with counsel in New York; review all
9/10/2012 WPR documents for the pre‐trial conference in the
morning.
Travel to and attend the initial pre‐trial
9/11/2012 WPR conference with
Judge Arpert in Trenton.
Review e‐mails from counsel for Zucker; send
9/13/2012 WPR
response.
Continue to prepare the second amended
9/21/2012 WPR complaint; file the
affidavits of service.
Finalize the Second Amended Complaint; file
the same; file the executed return of service on
9/24/2012 WPR
the First Amended Complaint; e‐mail with
counsel in New York.
Review the final package that is being sent
9/25/2012 WPR regular mail to all
Defendants; e‐mail to the client.
Prepare e‐mail to the client; e‐mail to and from
9/26/2012 WPR counsel for
Zucker.
Continue to pull documents and review
documents from the client for the initial
10/1/2012 WPR
disclosures; start preparing the initial
disclosures; e‐mail with the client.
Continue to review the documents from the
10/3/2012 WPR client for the
initial disclosures; e‐mail with the client.
10/5/2012 WPR Begin to prepare discovery demands.
Continue to prepare the discovery demands;
10/8/2012 WPR telephone call
with counsel for Residential Credit.
10/10/2012 WPR Prepare e‐mail to the client.
E‐mails to and from the client; review the new
documents
10/15/2012 WPR
from the client; begin to pull documents for the
medical records of the client.
10/16/2012 WPR Review e‐mails.
Continue to draft discovery and initial
10/17/2012 WPR disclosures; e‐mail to all counsel regarding the
conference call with the court.
Telephone call with counsel for EMC; review
10/18/2012 WPR pleadings to see
where EMC was listed as the lender.
10/18/2012 WPR Review the answer filed by Residential Credit.
Conference call with the Judge; review e‐mail
10/18/2012 WPR from NY class
action counsel.
10/19/2012 WPR Telephone call with counsel for Marix.

1.5

$450.00 Fee

0.00%

$0.00

0%

$

-

$

-

0.5

$150.00 Fee

100.00%

$150.00

100%

$

150.00

1

$300.00 Fee

33.33%

$100.00

25%

$

75.00

3.5

$1,050.00 Fee

33.33%

$350.00

25%

$

262.50

$

262.50

0.4

$120.00 Fee

100.00%

$120.00

100%

$

120.00

$

120.00

1.2

$360.00 Fee

0.00%

$0.00

0%

$

-

$

-

2.5

$750.00 Fee

0.00%

$0.00

0%

$

-

$

-

0.2

$60.00 Fee

33.33%

$20.00

25%

$

15.00

$

15.00

0.2

$60.00 Fee

100.00%

$60.00

100%

$

60.00

$

60.00

2.5

$750.00 Fee

33.33%

$250.00

25%

$

187.50

$

187.50

2.8

$840.00 Fee

33.33%

$280.00

25%

$

210.00

$

210.00

1.5

$450.00 Fee

33.33%

$150.00

25%

$

112.50

$

112.50

1

$300.00 Fee

33.33%

$100.00

25%

$

75.00

$

75.00

0.2

$60.00 Fee

33.33%

$20.00

25%

$

15.00

$

15.00

1

$300.00 Fee

33.33%

$100.00

25%

$

75.00

$

75.00

0.3

$90.00 Fee

33.33%

$30.00

25%

$

22.50

$

22.50

2.2

$660.00 Fee

33.33%

$220.00

25%

$

165.00

$

165.00

0.8

$240.00 Fee

0.00%

$0.00

0%

$

-

$

-

0.7

$210.00 Fee

0.00%

$0.00

0%

$

-

$

-

0.4

$120.00 Fee

33.33%

$40.00

25%

$

30.00

$

30.00

0.3

$90.00 Fee

0.00%

$0.00

0%

$

-

$

-

78

10/26/2012 WPR

79

10/31/2012 WPR

80
81
82
83
84

11/2/2012
11/5/2012
11/6/2012
11/7/2012
11/9/2012

WPR
WPR
WPR
WPR
WPR

85

11/13/2012 WPR

86

11/13/2012 WPR

87
88

11/13/2012 WPR
11/15/2012 WPR

89

11/21/2012 WPR

90

11/26/2012 WPR

91

12/27/2012 WPR

92

1/9/2013 WPR

93

1/11/2013 WPR

94

1/14/2013 WPR

95

1/16/2013 WPR

96

1/17/2013 WPR

97

1/24/2013 WPR

98

1/28/2013 WPR

99

1/29/2013 WPR

100

1/30/2013 WPR

101

1/30/2013 WPR

102

2/1/2013 WPR

Review the answer filed by Zucker Goldberg
and begin to
prepare the answer to the counterclaim; pull
research on bad faith claims under FDCPA.
Review all of the documents from the client
and prepare the
initial disclosures.
Review initial disclosures from Marix.
Finalize the initial disclosures and serve the
Send initial disclosures to all parties.
Review the initial disclosures from all parties.
Begin to prepare the answer to the
Finalize and file the answer to the
counterclaim; serve the same on all parties;
send letter to Judge Arpert.
Meet with Scott Zauber regarding pending
matter.
Continue to prepare the discovery demands.
Continue to prepare discovery demands.
Initial review of the discovery demands of
Marix and EMC.
E‐mails with all clients.
Continue to prepare discovery demands and
responses.
Conference call with the court; telephone call
with the client;
send discovery demands to the client.
Review the discovery demands of Residential.
E‐mails with the client; review discovery
demands and
proposed responses.
Finalize discovery demands and serve the same
on all parties;
continue to prepare the responses to discovery;
telephone call with the client.
Continue to prepare the responses to
discovery; e‐mails with
witnesses; telephone call with the client.
Telephone call with Judge Rosen's office.
Multiple e‐mails with the client and continue to
prepare
responses to discovery.
Continue to prepare responses to all discovery
demands; continue to review documents from
clients.
Finalize the responses to discovery demands of
all Defendants and review the documents from
client; send the same to all Defendants; e‐mail
with all counsel.
Review medical records and send requests for
more records
and narratives to treating physicians.
Telephone call with the client; telephone
conference call with the court; telephone call
with Judge Rosen's office; e‐ mail to all
parties; e‐mail the Second Amended
Complaint

1.5

$450.00 Fee

100.00%

$450.00

100%

$

450.00

$

450.00

3

$900.00 Fee

33.33%

$300.00

25%

$

225.00

$

225.00

Fee
Fee
Fee
Fee
Fee

0.00%
33.33%
33.33%
33.33%
100.00%

$0.00
$100.00
$20.00
$100.00
$150.00

0%
25%
25%
25%
100%

$
$
$
$
$

75.00
15.00
75.00
150.00

$
$
$
$
$

75.00
15.00
75.00
150.00

1

$300.00 Fee

100.00%

$300.00

100%

$

300.00

$

300.00

0.8

$240.00 Fee

33.33%

$80.00

25%

$

60.00

$

60.00

2.5
2

$750.00 Fee
$600.00 Fee

33.33%
33.33%

$250.00
$200.00

25%
25%

$
$

187.50
150.00

$
$

187.50
150.00

2

$600.00 Fee

0.00%

$0.00

0%

$

-

$

-

0.2

$60.00 Fee

33.33%

$20.00

25%

$

15.00

$

15.00

1.8

$540.00 Fee

33.33%

$180.00

25%

$

135.00

$

135.00

1

$300.00 Fee

33.33%

$100.00

25%

$

75.00

$

75.00

1.8

$540.00 Fee

0.00%

$0.00

0%

$

-

$

-

1.5

$450.00 Fee

33.33%

$150.00

25%

$

112.50

$

112.50

3.5

$1,050.00 Fee

33.33%

$350.00

25%

$

262.50

$

262.50

2.6

$780.00 Fee

33.33%

$260.00

25%

$

195.00

$

195.00

0.2

$60.00 Fee

33.33%

$20.00

25%

$

15.00

$

15.00

1.2

$360.00 Fee

33.33%

$120.00

25%

$

90.00

$

90.00

4.5

$1,350.00 Fee

33.33%

$450.00

25%

$

337.50

$

337.50

4.5

$1,350.00 Fee

33.33%

$450.00

25%

$

337.50

$

337.50

1

$300.00 Fee

33.33%

$100.00

25%

$

75.00

$

75.00

1

$300.00 Fee

33.33%

$100.00

25%

$

75.00

$

75.00

0.3
1
0.2
1
0.5

$90.00
$300.00
$60.00
$300.00
$150.00

103

104

105
106
107
108
109
110
111
112
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127

128

129
130
131

E‐mail with all counsel and with Judge Rosen's
2/4/2013 WPR office; phone
message to Shavel.
E‐mail message to Shavel; multiple e‐mail
2/5/2013 WPR messages to Judge
Rosen's office.
Review the title work on the property; e‐mail
the same to all counsel and supplement
2/8/2013 WPR
discovery responses to include title
work.
2/13/2013 WPR Telephone call with attorney for EMC
2/14/2013 WPR E‐mails with the client.
E‐mail with the client; telephone message for
2/15/2013 WPR medical
providers on the requests for information.
2/18/2013 WPR E‐mail with all counsel.
Review e‐mail from counsel for RCS; e‐mail
2/22/2013 WPR
to all counsel.
Telephone call with counsel for RCS;
2/26/2013 WPR telephone message for
counsel for EMC.
3/1/2013 WPR Telephone call and e‐mail to counsel for EMC.
3/5/2013 WPR E‐mails with client.
3/12/2013 WPR Prepare e‐mail to all counsel.
3/19/2013 WPR E‐mails with Sayles and with bookkeeper.
3/20/2013 WPR Send letter to Rosen with check.
3/21/2013 WPR Telephone call with the adversary.
3/22/2013 WPR Telephone call with counsel for EMC.
Telephone call with the court; letter to the
court regarding conference call; e‐mails with
3/25/2013 WPR
all counsel regarding the
conference call.
3/28/2013 WPR Conference call with the Judge.
3/28/2013 WPR Initial review of documents from Zucker.
Review the document production by ZGA;
4/1/2013 WPR review the demands; begin demand letter for
the missing documents.
4/2/2013 WPR E‐mails to and from the client.
4/11/2013 WPR Telephone call with counsel for EMC
Initial review of the document production from
4/12/2013 WPR
Marix.
Draft letter to Judge Arpert; fax the same to
4/12/2013 WPR
the court.
Review e‐mail from counsel for Zucker; initial
4/12/2013 WPR review of the
answers to interrogatories.
Review ZGA's responses to interrogatories;
4/15/2013 WPR send e‐mail to
Sayles re interrogatories.
Continue to review the documents from ZGA
and Marix and review the responses to
4/15/2013 WPR
document requests and interrogatories; review
e‐mail from the court.
4/16/2013 WPR Telephone call with the Judge's chambers.
4/16/2013 WPR Review e‐mail from counsel for EMC.

0.3

$90.00 Fee

33.33%

$30.00

25%

$

22.50

$

22.50

0.4

$120.00 Fee

33.33%

$40.00

25%

$

30.00

$

30.00

0.5

$150.00 Fee

33.33%

$50.00

25%

$

37.50

$

37.50

0.5
0.3

$150.00 Fee
$90.00 Fee

0.00%
33.33%

$0.00
$30.00

0%
25%

$
$

22.50

$
$

22.50

0.4

$120.00 Fee

33.33%

$40.00

25%

$

30.00

$

30.00

0.2

$60.00 Fee

33.33%

$20.00

25%

$

15.00

$

15.00

0.1

$30.00 Fee

33.33%

$10.00

25%

$

7.50

$

7.50

0.4

$120.00 Fee

0.00%

$0.00

0%

$

-

$

-

Fee
Fee
Fee
Fee
Fee
Fee
Fee

0.00%
33.33%
33.33%
100.00%
33.33%
33.33%
0.00%

$0.00
$10.00
$10.00
$60.00
$10.00
$10.00
$0.00

0%
25%
25%
100%
25%
25%
0%

$
$
$
$
$
$
$

7.50
7.50
60.00
7.50
7.50
-

$
$
$
$
$
$
$

7.50
7.50
60.00
7.50
7.50
-

0.4

$120.00 Fee

33.33%

$40.00

25%

$

30.00

$

30.00

0.4
1

$120.00 Fee
$300.00 Fee

33.33%
100.00%

$40.00
$300.00

25%
100%

$
$

30.00
300.00

$
$

30.00
300.00

1

$300.00 Fee

100.00%

$300.00

100%

$

300.00

$

300.00

0.3
0.3

$90.00 Fee
$90.00 Fee

33.33%
0.00%

$30.00
$0.00

25%
0%

$
$

22.50
-

$
$

22.50
-

2

$600.00 Fee

0.00%

$0.00

0%

$

-

$

-

0.4

$120.00 Fee

33.33%

$40.00

25%

$

30.00

$

30.00

0.5

$150.00 Fee

100.00%

$150.00

100%

$

150.00

$

150.00

0.4

$120.00 Fee

100.00%

$120.00

100%

$

120.00

$

120.00

2.8

$840.00 Fee

50.00%

$420.00

50%

$

420.00

$

420.00

0.2
0.2

$60.00 Fee
$60.00 Fee

33.33%
0.00%

$20.00
$0.00

25%
0%

$
$

15.00
-

$
$

15.00
-

0.1
0.1
0.1
0.2
0.1
0.1
0.1

$30.00
$30.00
$30.00
$60.00
$30.00
$30.00
$30.00

132

4/16/2013 WPR

133

4/17/2013

134

4/17/2013 WPR

135

4/17/2013 WPR

136

4/17/2013 WPR

137

4/18/2013 WPR

138

4/18/2013 WPR

139

4/18/2013 WPR

140

4/19/2013 WPR

141
142

4/19/2013 WPR
4/19/2013 WPR

143

4/19/2013 WPR

144
145
146

4/24/2013 WPR
4/24/2013 WPR
4/24/2013 WPR

147

4/25/2013 WPR

148

4/26/2013 WPR

149

4/29/2013 WPR

150

4/30/2013 WPR

151

4/30/2013 WPR

152

5/1/2013 WPR

JPL

Continue to review documents from ZGA and
from Marix; pull initial research on what
constitutes attorney client
privilege.
Conference with Will Rubley re document
production and
attorney client privilege issue.
Prepare e‐mail to chambers; review e‐mails
from defense counsel to chambers; e‐mail to
and from the client.
Telephone call with counsel for Marix;
continue to review documents from Marix,
including the Loan Notes and logs.
Review letter from counsel for ZGA on the
discovery responses; begin to prepare the
Motion to Compel ZGA.
Prepare e‐mail to counsel for ZGA; pull First
and Second Amended Complaints; review
bankruptcy docket and pleadings; prepare
e‐mail to the client; review e‐mail from the
court scheduling conference call; prepare
e‐mail to all counsel about conference call;
e‐mails back and forth with counsel for ZGA
Pull research on waiver of the attorney client
privilege when
a party sues his former client.
Begin review of answers to discovery from
Residential.
Review all the discovery responses from all
parties and
prepare letter to counsel for ZGA about the
deficiencies in their responses.
Telephone conference call with the Judge.
Telephone call with the client.
Telephone call with counsel for Marix;
telephone message
for counsel for Residential.
Begin to prepare the mediation statement.
Begin review of medical records.
Telephone call with counsel for EMC and
Telephone call with counsel for Marix;
telephone message for counsel for EMC and
Residential; telephone call with
client.
Begin to review the medical records of the
Continue to review the medical records; e‐mail
with all
counsel; e‐mail to and from client.
Review the medical records from primary care
physician and the rest of the documents from
AtlantiCare; prepare the documents for service
on Defendants; e‐mail all Defendants.
Prepare response to ZGA's demand for
additional
Continue to prepare the mediation statement;
e‐mails with
Judge Rosen's office; send e‐mail to client.

2

$600.00 Fee

50.00%

$300.00

50%

$

300.00

$

300.00

0.2

$60.00 Fee

50.00%

$30.00

50%

$

30.00

$

30.00

0.5

$150.00 Fee

33.33%

$50.00

25%

$

37.50

$

37.50

2

$600.00 Fee

0.00%

$0.00

0%

$

-

$

-

1.8

$540.00 Fee

100.00%

$540.00

100%

$

540.00

$

540.00

1

$300.00 Fee

33.33%

$100.00

25%

$

75.00

$

75.00

1.2

$360.00 Fee

50.00%

$180.00

50%

$

180.00

$

180.00

1

$300.00 Fee

0.00%

$0.00

0%

$

-

$

-

1.4

$420.00 Fee

100.00%

$420.00

100%

$

420.00

$

420.00

0.5
0.7

$150.00 Fee
$210.00 Fee

33.33%
33.33%

$50.00
$70.00

25%
25%

$
$

37.50
52.50

$
$

37.50
52.50

0.8

$240.00 Fee

0.00%

$0.00

0%

$

-

$

-

1.5
1.3
0.2

$450.00 Fee
$390.00 Fee
$60.00 Fee

33.33%
33.33%
0.00%

$150.00
$130.00
$0.00

25%
25%
0%

$
$
$

112.50
97.50
-

$
$
$

112.50
97.50
-

0.6

$180.00 Fee

0.00%

$0.00

0%

$

-

$

-

1

$300.00 Fee

33.33%

$100.00

25%

$

75.00

$

75.00

0.7

$210.00 Fee

33.33%

$70.00

25%

$

52.50

$

52.50

1

$300.00 Fee

33.33%

$100.00

25%

$

75.00

$

75.00

1

$300.00 Fee

100.00%

$300.00

100%

$

300.00

$

300.00

3

$900.00 Fee

33.33%

$300.00

25%

$

225.00

153

5/2/2013 WPR

154

5/3/2013 SMZ

155

5/3/2013 SMZ

156

5/3/2013 WPR

157

5/6/2013 SMZ

158

5/6/2013 SMZ

159

5/6/2013 WPR

160

5/7/2013 SMZ

161

5/7/2013 SMZ

162

5/7/2013 SMZ

163

5/7/2013 WPR

164

5/7/2013 WPR

165

5/7/2013 WPR

166

5/8/2013 SMZ

167

5/8/2013 WPR

168

5/9/2013 WPR

169
170

5/10/2013 WPR
5/13/2013 WPR

171

5/13/2013 WPR

Finalize the mediation statement and send the
same with all exhibits to Judge Rosen; review
the credit report of the client; send credit
report to all parties; prepare e‐mail to counsel
for EMC regarding outstanding discovery;
e‐mail to
Conference with Will Rubley re discussion
regarding strategy, mediation, trial counsel and
class action status.
Discussion with Will Rubley and Eric
Browndorf of Cooper
Levenson re co‐counsel to case.
Telephone call with outside counsel; e‐mails to
outside
counsel.
Discussion with Eric Browndorf and client re
trial counsel and
possible class action.
Discussion with Will Rubley on file and
preparation for
mediation.
Telephone call with the client; prepare e‐mail
to Eric
Browndorf.
Discussion with Eric Browndorf re basic
strategy for
mediation.
Mediation preparation with Will Rubley and
discussion with
client.
Telephone conference with Will Rubley re
various discussions
regarding proceeding forward with mediation
and parties not attending.
Telephone call with the client to prepare for
mediation.
Multiple telephone calls and e‐mails with
Judge Rosen, Judge Arpert, secretary for Judge
Rosen and all parties to the case; telephone call
with co‐counsel Eric Browndorf.
Pull documents and prepare for the mediation;
review all discovery; send credit report to all
parties as supplement to
answers to discovery.
Multiple telephone conferences with Will
Rubley re settlement conference discussions
with client and Will at
conference.
Travel to and attend the mediation in
Begin to prepare the Motions to Compel,
Subpoenas and
Motion to Amend.
Continue to prepare the Motions to Compel.
Prepare e‐mail to Eric Browndorf.
Continue to prepare motions to compel;
prepare certification of counsel, proposed
order, and Notice for EMC motion.

3.5

$1,050.00 Fee

33.33%

$350.00

25%

$

262.50

1.2

$360.00 Fee

33.33%

$120.00

25%

$

90.00

1

$300.00 Fee

0.00%

$0.00

0%

$

-

$

-

0.7

$210.00 Fee

0.00%

$0.00

0%

$

-

$

-

0.8

$240.00 Fee

0.00%

$0.00

0%

$

-

$

-

1.5

$450.00 Fee

33.33%

$150.00

25%

$

112.50

0.3

$90.00 Fee

0.00%

$0.00

0%

$

-

$

-

0.5

$150.00 Fee

33.33%

$50.00

25%

$

37.50

1.5

$450.00 Fee

33.33%

$150.00

25%

$

112.50

0.5

$150.00 Fee

33.33%

$50.00

25%

$

37.50

0.5

$150.00 Fee

33.33%

$50.00

25%

$

37.50

2.2

$660.00 Fee

33.33%

$220.00

25%

$

165.00

1.3

$390.00 Fee

33.33%

$130.00

25%

$

97.50

0.5

$150.00 Fee

33.33%

$50.00

25%

$

37.50

6.2

$1,860.00 Fee

33.33%

$620.00

25%

$

465.00

$

465.00

1.8

$540.00 Fee

33.33%

$180.00

25%

$

135.00

$

135.00

1.5
0.2

$450.00 Fee
$60.00 Fee

33.33%
33.33%

$150.00
$20.00

25%
25%

$
$

112.50
15.00

$

112.50

2.5

$750.00 Fee

33.33%

$250.00

25%

$

187.50

$

187.50

172
173
174
175
176
177
178
179
180
181
182
183

184

185

186

187

188

189
190

191

192
193
194

195

Conference with Will Rubley re discussion
5/14/2013 SMZ about going
forward with litigation.
Finalize Motion to Compel for EMC and file
5/14/2013 WPR
the same.
5/14/2013 WPR Finalize and file the Motion to Compel to
5/14/2013 WPR Telephone call with Sayles.
5/15/2013 WPR Telephone call with Kelner.
5/15/2013 WPR E‐mail with all parties.
Conference call with Eric Browndorf; meet
5/16/2013 WPR
with Scott Zauber.
5/16/2013 WPR Conference call with the court.
Begin to prepare supplemental discovery
5/21/2013 WPR
demands.
Continue to review and prepare new discovery
5/24/2013 WPR
demands.
Telephone call with co‐counsel regarding
6/4/2013 WPR outstanding
discovery.
6/7/2013 WPR Review the new document production from
Begin to review the documents from Zucker
and the supplemental responses to
6/11/2013 WPR interrogatories; take noes on missing
information and begin to pull research on
implied
Review the documents from EMC and send
6/12/2013 WPR e‐mail to
Tabakin.
Telephone calls with the court; e‐mails from
the court
6/12/2013 WPR
regarding the pending motions; telephone call
with the Judge's law clerk.
Continue to review the documents from EMC,
6/17/2013 WPR including the second package of documents
received today.
Continue to review discovery documents;
begin to prepare second round of discovery
6/18/2013 WPR
and Motions to Amend the Complaint and to
expand scope of discovery.
Pull research on waiver of attorney client
6/19/2013 WPR
privilege.
6/20/2013 WPR Review documents from EMC and from
Begin to prepare the reply memorandum for
the Motion to Compel; pull research on the
6/20/2013 WPR Waiver of the attorney client privilege when a
defendant asserts the bona fide error
defense.
Continue to prepare and finalize the Reply
6/24/2013 WPR Memorandum and
file the same.
6/25/2013 WPR Serve the Reply Memorandum on all parties.
Begin to prepare new round of discovery and
7/15/2013 WPR Motions to
Extend Discovery and Amend Pleadings.
Continue to review documents from all
7/18/2013 WPR Defendants and to
prepare the second round of discovery.

0.5

$150.00 Fee

33.33%

$50.00

25%

$

37.50

$

37.50

1.5

$450.00 Fee

0.00%

$0.00

0%

$

-

$

-

1.5
0.2
0.1
0.1

$450.00
$60.00
$30.00
$30.00

Fee
Fee
Fee
Fee

100.00%
100.00%
0.00%
33.33%

$450.00
$60.00
$0.00
$10.00

100%
100%
0%
25%

$
$
$
$

450.00
60.00
7.50

$
$
$
$

450.00
60.00
7.50

0.8

$240.00 Fee

33.33%

$80.00

25%

$

60.00

0.8

$240.00 Fee

33.33%

$80.00

25%

$

60.00

$

60.00

1.1

$330.00 Fee

33.33%

$110.00

25%

$

82.50

$

82.50

1

$300.00 Fee

33.33%

$100.00

25%

$

75.00

$

75.00

0.5

$150.00 Fee

33.33%

$50.00

25%

$

37.50

$

37.50

1.2

$360.00 Fee

100.00%

$360.00

100%

$

360.00

$

360.00

1.5

$450.00 Fee

100.00%

$450.00

100%

$

450.00

$

450.00

1

$300.00 Fee

0.00%

$0.00

0%

$

-

$

-

0.6

$180.00 Fee

33.33%

$60.00

25%

$

45.00

$

45.00

2.3

$690.00 Fee

0.00%

$0.00

0%

$

-

$

-

2.5

$750.00 Fee

33.33%

$250.00

25%

$

187.50

$

187.50

1.5

$450.00 Fee

100.00%

$450.00

100%

$

450.00

$

450.00

2.9

$870.00 Fee

50.00%

$435.00

50%

$

435.00

$

435.00

2

$600.00 Fee

50.00%

$300.00

50%

$

300.00

$

300.00

6.5

$1,950.00 Fee

50.00%

$975.00

50%

$

975.00

$

975.00

0.5

$150.00 Fee

50.00%

$75.00

50%

$

75.00

$

75.00

2.5

$750.00 Fee

33.33%

$250.00

25%

$

187.50

$

187.50

1.8

$540.00 Fee

33.33%

$180.00

25%

$

135.00

$

135.00

196

7/23/2013 WPR

197

7/24/2013 WPR

198
199

7/30/2013 WPR
8/1/2013 WPR

200

8/8/2013 WPR

201

8/9/2013 WPR

202

8/19/2013 WPR

203

8/21/2013 WPR

204

8/22/2013 WPR

205

8/28/2013 WPR

206

8/30/2013 WPR

207

9/3/2013 WPR

208

9/4/2013 WPR

209
210

9/5/2013 WPR
9/10/2013 WPR

211

9/11/2013 WPR

212

9/12/2013 WPR

213

9/13/2013 WPR

214

9/13/2013 WPR

215

9/16/2013 WPR

216

9/18/2013 WPR

217

9/18/2013 WPR

218

9/19/2013 WPR

219

9/19/2013 WPR

Continue to review the documents and prepare
supplemental requests.
Telephone call with the client; review
documents from the client and prepare and
copy documents to send to the client.
Telephone call with Kelner.
Telephone call with Judge Rosen.
Begin to prepare the subpoenas to the third
parties; second
round of discovery to all parties.
Continue to review the documents from all
parties for
preparing the subpoenas to third parties.
Review the opinion and order on the Motion to
Compel; e‐ mail the same to Browndorf;
telephone call with the client.
Pull research on interlocutory appeals and the
procedure;
review the discovery from Marix.
Review the assertion of privilege from Marix;
draft letter to
Marix demanding full disclosure of all
documents no longer subject to privilege.
Review the order and begin to prepare the
second Motion to
Compel.
Draft letter to Sayles; serve it on all parties;
pull research on whether second letter
demanding discovery is necessary after Order
to Compel is entered.
E‐mails to and from Sayles.
Begin to prepare the Motion for fees and costs;
pull research
on the Lodestar Analysis.
Telephone call with client.
Telephone call with counsel for Marix.
Review e‐mail from Sayles; prepare e‐mail to
the client.
Review the information from Zucker after
order to compel.
Review the documents from Marix after order
to compel.
Pull research on claims against America's
Servicing Corp.
Continue to review documents from Zucker
and from Marix;
continue to review potential claims against
America's Servicing.
Telephone call with Kelner.
Continue to review documents from Marix and
from Zucker.
Conference call with the court.
Review documents and prepare for the
conference call with the court; review the
documents from Marix and Zucker to identify
those with information from Zucker for
depositions.

1.5

$450.00 Fee

33.33%

$150.00

25%

$

112.50

$

112.50

1.2

$360.00 Fee

33.33%

$120.00

25%

$

90.00

$

90.00

0.4
0.2

$120.00 Fee
$60.00 Fee

0.00%
33.33%

$0.00
$20.00

0%
25%

$
$

15.00

$
$

15.00

4.5

$1,350.00 Fee

33.33%

$450.00

25%

$

337.50

$

337.50

2.2

$660.00 Fee

33.33%

$220.00

25%

$

165.00

$

165.00

1.5

$450.00 Fee

50.00%

$225.00

50%

$

225.00

1.8

$540.00 Fee

33.33%

$180.00

25%

$

135.00

$

135.00

1.5

$450.00 Fee

0.00%

$0.00

0%

$

-

$

-

1.5

$450.00 Fee

50.00%

$225.00

50%

$

225.00

$

225.00

0.4

$120.00 Fee

100.00%

$120.00

100%

$

120.00

$

120.00

0.1

$30.00 Fee

100.00%

$30.00

100%

$

30.00

$

30.00

1.7

$510.00 Fee

50.00%

$255.00

50%

$

255.00

$

255.00

0.2
0.3

$60.00 Fee
$90.00 Fee

33.33%
0.00%

$20.00
$0.00

25%
0%

$
$

15.00
-

$
$

15.00
-

0.2

$60.00 Fee

100.00%

$60.00

100%

$

60.00

$

60.00

2

$600.00 Fee

100.00%

$600.00

100%

$

600.00

$

600.00

2.2

$660.00 Fee

0.00%

$0.00

0%

$

-

$

-

1.5

$450.00 Fee

0.00%

$0.00

0%

$

-

$

-

2.7

$810.00 Fee

50.00%

$405.00

50%

$

405.00

$

405.00

0.3

$90.00 Fee

0.00%

$0.00

0%

$

-

$

-

2.5

$750.00 Fee

50.00%

$375.00

50%

$

375.00

$

375.00

0.5

$150.00 Fee

33.33%

$50.00

25%

$

37.50

$

37.50

2.1

$630.00 Fee

33.33%

$210.00

25%

$

157.50

$

157.50

220
221
222

223

224
225
226
227
228

229

230

231

232

233

234

235
236
237

238
239

9/19/2013 WPR Telephone call with Sayles.
Pull research on post‐petition attorney's fees in
bankruptcy and whether they need to be
9/19/2013 WPR
approved by the bankruptcy court in order to
be considered due and owing.
9/20/2013 WPR Telephone call with the client.
Finalize the subpoena to LPS; search for the
location of LPS; telephone call with the
9/23/2013 WPR process server; send the subpoena and
whatever information I have on LPS to the
process
E‐mails with the client regarding taxes on the
9/23/2013 WPR
property.
Discussion with Will Rubley over case and
9/24/2013 SMZ strategy for
discovery.
9/24/2013 WPR E‐mails to and from the client.
Review service of subpoena to LPS and e‐mail
9/25/2013 WPR
to all counsel.
Review research and prepare the Motion for
9/26/2013 WPR Attorneys Fees
and Costs.
Conference with Will Rubley re discussion
9/27/2013 SMZ regarding case and
conference call with Eric Browndorf.
File the Motion for Fees; e‐mails with Sayles
9/27/2013 WPR regarding the
motions.
Review the responses from LPS to the
9/27/2013 WPR subpoena; begin researching service of the
subpoena on LPT in Texas.
Telephone call with counsel for LPS; review
9/30/2013 WPR documents from Marix to identify individuals
at LPS and its subsidiaries.
Telephone call with counsel for LPS and
review documents with counsel regarding LPS
9/30/2013 WPR
Default Solutions; search for LPS Default
Solutions and claims against LPS and Al
Pull research on post‐petition attorneys fees by
secured creditor and violation of discharge
9/30/2013 WPR injunctions; continue to review the notes from
Marix and the e‐mails and communications
from Zucker to LPS Default Solutions.
Meeting with Will Rubley to discuss strategy
10/1/2013 SMZ and prepare for
meeting on class action.
10/1/2013 WPR Meeting with Browndorf, Thorton, and
Review of bankruptcy pleadings for mention of
10/3/2013 SMZ fees and stay
relief from Zucker Goldberg.
Research service of subpoenas on credit
10/4/2013 WPR reporting agencies
and on LPS Default Solutions, Inc.
10/4/2013 WPR E‐mail to and from counsel for Marix.

0.3

$90.00 Fee

100.00%

$90.00

100%

$

90.00

$

90.00

1.5

$450.00 Fee

33.33%

$150.00

25%

$

112.50

0.5

$150.00 Fee

33.33%

$50.00

25%

$

37.50

$

37.50

2

$600.00 Fee

33.33%

$200.00

25%

$

150.00

$

150.00

0.2

$60.00 Fee

33.33%

$20.00

25%

$

15.00

$

15.00

1

$300.00 Fee

33.33%

$100.00

25%

$

75.00

$

75.00

0.2

$60.00 Fee

33.33%

$20.00

25%

$

15.00

$

15.00

0.3

$90.00 Fee

33.33%

$30.00

25%

$

22.50

$

22.50

3.8

$1,140.00 Fee

50.00%

$570.00

50%

$

570.00

0.5

$150.00 Fee

33.33%

$50.00

25%

$

37.50

0.7

$210.00 Fee

50.00%

$105.00

50%

$

105.00

1.5

$450.00 Fee

33.33%

$150.00

25%

$

112.50

$

112.50

0.5

$150.00 Fee

33.33%

$50.00

25%

$

37.50

$

37.50

1.9

$570.00 Fee

33.33%

$190.00

25%

$

142.50

1.1

$330.00 Fee

33.33%

$110.00

25%

$

82.50

1.5

$450.00 Fee

33.33%

$150.00

25%

$

112.50

$

112.50

3

$900.00 Fee

33.33%

$300.00

25%

$

225.00

1.2

$360.00 Fee

33.33%

$120.00

25%

$

90.00

$

90.00

2

$600.00 Fee

33.33%

$200.00

25%

$

150.00

$

150.00

0.2

$60.00 Fee

0.00%

$0.00

0%

$

-

$

-

240

10/9/2013 WPR

241

10/9/2013 WPR

242

10/10/2013

243

10/10/2013 WPR

244

10/11/2013 WPR

245

10/16/2013 WPR

246

10/17/2013 WPR

247

10/18/2013 WPR

248

10/22/2013 WPR

249

10/25/2013 WPR

250

10/28/2013 WPR

251

10/30/2013 WPR

252

10/31/2013 WPR

253

11/4/2013 WPR

254

11/4/2013 WPR

255

11/5/2013 WPR

256

11/5/2013 WPR

257

11/6/2013 WPR

258

11/7/2013 WPR

259

11/8/2013 WPR

260

11/11/2013 WPR

261

11/12/2013 WPR

JPL

Review the opposition filed by Zucker and
EMC; review the docket and the case
management orders; prepare reply to be
filed with the court.
Review the opposition to the Motion for Fees
filed by EMC.
Revise letter brief; conference with Will
Review draft of the reply memorandum to
Judge Arpert;
finalize the reply and file it with the court.
Pull research and telephone call with credit
reporting agencies regarding service of the
subpoena and what
information I need from them.
Review the documents and prepare and serve
subpoena on
LPS Default Solutions.
Subpoena to Lender Processing Services;
telephone call with
LPS and telephone call with the client.
Telephone call with the client.
E‐mails back and forth with the client
regarding the need for the HIPAA forms and
fax the same to the client; pull our claims
regarding emotional distress damages.
Telephone call with the client.
E‐mails to and from the client regarding the
outstanding
taxes.
E‐mail with process servers.
Pull research on Rule 30(b)(6) notices and
what needs to be
included.
Continue to prepare the Notices of Depositions
to all parties;
review research on Rule 30(b)(6).
Check status of service of subpoena to LPS
Default Solutions.
Finalize the Notices of Depositions and serve
the same on all
parties.
Telephone call with LPS Default Solutions
in‐house counsel regarding the responses to
the subpoenas; pull research on the individual
known as Al Evans at LPS Default Solutions;
pull research on subpoena of a non‐party
employee of a non‐ party for a deposition here
E‐mails with all parties regarding the
scheduling of
depositions; e‐mail with the client.
E‐mails to and from all parties.
Telephone call with Kelner; e‐mail documents
to Kelner; put
documents on disc for Kelner.
E‐mails to and from all parties regarding
deposition dates.
Telephone call with the client.

2.5

$750.00 Fee

50.00%

$375.00

50%

$

375.00

$

375.00

0.5

$150.00 Fee

33.33%

$50.00

25%

$

37.50

$

37.50

0.3

$90.00 Fee

33.33%

$30.00

25%

$

22.50

$

22.50

1.5

$450.00 Fee

33.33%

$150.00

25%

$

112.50

$

112.50

1.5

$450.00 Fee

33.33%

$150.00

25%

$

112.50

$

112.50

1

$300.00 Fee

33.33%

$100.00

25%

$

75.00

$

75.00

1.1

$330.00 Fee

33.33%

$110.00

25%

$

82.50

$

82.50

0.3

$90.00 Fee

33.33%

$30.00

25%

$

22.50

$

22.50

1

$300.00 Fee

33.33%

$100.00

25%

$

75.00

$

75.00

0.5

$150.00 Fee

33.33%

$50.00

25%

$

37.50

$

37.50

0.3

$90.00 Fee

33.33%

$30.00

25%

$

22.50

$

22.50

0.1

$30.00 Fee

33.33%

$10.00

25%

$

7.50

$

7.50

1.8

$540.00 Fee

33.33%

$180.00

25%

$

135.00

$

135.00

1.9

$570.00 Fee

33.33%

$190.00

25%

$

142.50

$

142.50

0.2

$60.00 Fee

33.33%

$20.00

25%

$

15.00

$

15.00

1.3

$390.00 Fee

33.33%

$130.00

25%

$

97.50

$

97.50

1

$300.00 Fee

33.33%

$100.00

25%

$

75.00

0.3

$90.00 Fee

33.33%

$30.00

25%

$

22.50

$

22.50

0.1

$30.00 Fee

33.33%

$10.00

25%

$

7.50

$

7.50

0.5

$150.00 Fee

0.00%

$0.00

0%

$

-

$

-

0.3

$90.00 Fee

33.33%

$30.00

25%

$

22.50

$

22.50

0.1

$30.00 Fee

33.33%

$10.00

25%

$

7.50

$

7.50

262

263

264

265
266
267
268
269

270
271
272
273
274
275
276
277
278
279
280
281
282
283
284
285
286
287

Begin to prepare for the depositions of the four
11/13/2013 WPR corporate
designees.
Continue to prepare for the depositions of the
11/14/2013 WPR corporate
designees.
E‐mails with all parties regarding depositions;
e‐mail
11/15/2013 WPR
regarding conference call with the court;
e‐mails with the client.
Conference with Will Rubley and client re
11/18/2013 SMZ discussion of case
going forward/depositions/offer.
11/18/2013 WPR E‐mails to all counsel.
11/18/2013 WPR Telephone call with Kelner.
11/18/2013 WPR Conference call with the court.
Telephone call and e‐mail with Rosen and all
11/18/2013 WPR
parties.
E‐mails with the client and e‐mail to adversary
with
11/19/2013 WPR
documents proving that Plaintiffs are not in
default.
11/21/2013 WPR E‐mails with all parties.
Conference with Will Rubley and doctor re
11/25/2013 SMZ
expert report.
Telephone call with the client; telephone call
11/25/2013 WPR with the
medical expert; letter to the medical expert.
E‐mails to the client and to Tabakin regarding
11/27/2013 WPR
taxes.
Review the Opinion and Order on the Motion
12/2/2013 WPR
for Fees.
E‐mails with the client regarding payment of
12/3/2013 WPR
taxes.
Telephone call with the expert and e‐mails to
12/5/2013 WPR and from the
client.
12/11/2013 WPR Telephone call and e‐mails to and from the
12/12/2013 WPR E‐mails to and from client and all parties.
Begin to prepare for the depositions of all
12/12/2013 WPR parties; review the pleadings and the
affirmative defenses of all parties.
E‐mails with client and with all parties
12/13/2013 WPR
regarding depositions.
E‐mails to and from all counsel and the client
12/16/2013 WPR regarding
depositions.
Continue to prepare for the depositions of all
12/17/2013 WPR
parties.
Finalize preparations for the deposition of
12/18/2013 WPR
EMC/Residential.
Finalize the deposition preparations for Marix
12/18/2013 WPR
and for ZGA.
Travel to and final preparations for the
12/19/2013 WPR depositions of Marix
and ZGA.
12/19/2013 WPR Depositions of Marix and ZGA

3.5

$1,050.00 Fee

33.33%

$350.00

25%

$

262.50

$

262.50

1

$300.00 Fee

33.33%

$100.00

25%

$

75.00

$

75.00

0.5

$150.00 Fee

33.33%

$50.00

25%

$

37.50

$

37.50

0.5

$150.00 Fee

33.33%

$50.00

25%

$

37.50

$

37.50

0.2
0.4
0.7

$60.00 Fee
$120.00 Fee
$210.00 Fee

33.33%
0.00%
33.33%

$20.00
$0.00
$70.00

25%
0%
25%

$
$
$

15.00
52.50

$
$
$

15.00
52.50

0.2

$60.00 Fee

33.33%

$20.00

25%

$

15.00

$

15.00

0.5

$150.00 Fee

33.33%

$50.00

25%

$

37.50

$

37.50

0.1

$30.00 Fee

33.33%

$10.00

25%

$

7.50

$

7.50

0.4

$120.00 Fee

33.33%

$40.00

25%

$

30.00

$

30.00

1.3

$390.00 Fee

33.33%

$130.00

25%

$

97.50

$

97.50

0.1

$30.00 Fee

0.00%

$0.00

0%

$

-

$

-

0.5

$150.00 Fee

33.33%

$50.00

25%

$

37.50

$

37.50

0.1

$30.00 Fee

0.00%

$0.00

0%

$

-

$

-

0.4

$120.00 Fee

33.33%

$40.00

25%

$

30.00

$

30.00

0.3
0.3

$90.00 Fee
$90.00 Fee

0.00%
33.33%

$0.00
$30.00

0%
25%

$
$

22.50

$
$

22.50

3

$900.00 Fee

33.33%

$300.00

25%

$

225.00

$

225.00

0.2

$60.00 Fee

33.33%

$20.00

25%

$

15.00

$

15.00

0.3

$90.00 Fee

33.33%

$30.00

25%

$

22.50

$

22.50

6.5

$1,950.00 Fee

33.33%

$650.00

25%

$

487.50

$

487.50

2.2

$660.00 Fee

0.00%

$0.00

0%

$

-

$

-

6.5

$1,950.00 Fee

50.00%

$975.00

50%

$

975.00

$

975.00

1.1

$330.00 Fee

50.00%

$165.00

50%

$

165.00

$

165.00

6.2

$1,860.00 Fee

50.00%

$930.00

50%

$

930.00

$

930.00

288

289

290
291
292
293
294
295
296
297
298
299
300
301
302
303
304
305
306
307

308
309
310
311
312
313
314
315
316
317
318
319

E‐mails and telephone calls with the client
12/19/2013 WPR regarding
payment history.
E‐mails with all counsel; draft letter to Judge
Arpert; telephone call with Arpert's chambers;
12/31/2013 WPR
review exhibits and
prepare to send to all parties.
Review the pleadings for the deposition
1/2/2014 WPR notices to other witnesses; initial review of the
deposition transcripts.
1/3/2014 WPR Telephone call with Judge Arpert.
Telephone conference call with all parties;
1/6/2014 WPR telephone call
with Kelner.
1/6/2014 WPR Telephone call with the expert.
1/7/2014 WPR Review of depositions and exhibits.
1/7/2014 WPR E‐mails with mediator and with all parties.
Multiple e‐mails to all parties and telephone
1/8/2014 WPR call with Tabakin
regarding scheduling of depositions.
1/8/2014 WPR Draft letter to Judge Arpert; e‐mail to all
1/8/2014 WPR Telephone call with client.
1/8/2014 WPR Telephone call with expert.
1/9/2014 WPR Review order from court.
Draft letters to Sayles and Kelner regarding
1/10/2014 WPR document
requests.
1/13/2014 WPR Send out the letters to Sayles and Kelner.
E‐mails with the client; telephone call with the
1/14/2014 WPR
client.
E‐mails with the client and telephone call with
1/15/2014 WPR
the client.
1/20/2014 WPR E‐mails with Kelner.
1/21/2014 WPR Prepare for the meeting with the client.
Continue to prepare for the continued
1/22/2014 WPR deposition of the Marix representative; review
the prior deposition transcript.
Meeting with client re discussion regarding
1/23/2014 SMZ case going
forward/depositions.
1/23/2014 WPR Meet with the client to prepare for depositions.
1/24/2014 WPR Final preparation for deposition of Marix.
Travel to and attend deposition of Marix
1/24/2014 WPR
representative.
1/27/2014 WPR Telephone call with Kelner.
1/28/2014 WPR Final preparation of client.
1/28/2014 WPR Travel to and attend the depositions of
1/29/2014 WPR Telephone call with the client.
Telephone call with Tabakin; review letter
1/29/2014 WPR from Tabakin to
Judge.
1/29/2014 WPR Initial review of expert report.
1/30/2014 WPR In depth review of the expert report.
Conference with Will Rubley re detailed
1/31/2014 SMZ discussion regarding strategy and previous
events from bankruptcy.

0.3

$90.00 Fee

33.33%

$30.00

25%

$

22.50

$

22.50

1.1

$330.00 Fee

33.33%

$110.00

25%

$

82.50

$

82.50

1.5

$450.00 Fee

33.33%

$150.00

25%

$

112.50

$

112.50

0.4

$120.00 Fee

33.33%

$40.00

25%

$

30.00

$

30.00

0.5

$150.00 Fee

33.33%

$50.00

25%

$

37.50

$

37.50

0.4
0.9
0.1

$120.00 Fee
$270.00 Fee
$30.00 Fee

33.33%
33.33%
33.33%

$40.00
$90.00
$10.00

25%
25%
25%

$
$
$

30.00
67.50
7.50

$
$
$

30.00
67.50
7.50

0.5

$150.00 Fee

33.33%

$50.00

25%

$

37.50

$

37.50

0.5
0.3
0.2
0.1

$150.00
$90.00
$60.00
$30.00

Fee
Fee
Fee
Fee

33.33%
33.33%
33.33%
33.33%

$50.00
$30.00
$20.00
$10.00

25%
25%
25%
25%

$
$
$
$

37.50
22.50
15.00
7.50

$
$
$
$

37.50
22.50
15.00
7.50

1

$300.00 Fee

50.00%

$150.00

50%

$

150.00

$

150.00

0.5

$150.00 Fee

50.00%

$75.00

50%

$

75.00

$

75.00

0.4

$120.00 Fee

33.33%

$40.00

25%

$

30.00

$

30.00

0.7

$210.00 Fee

33.33%

$70.00

25%

$

52.50

$

52.50

0.2
0.4

$60.00 Fee
$120.00 Fee

0.00%
33.33%

$0.00
$40.00

0%
25%

$
$

30.00

$
$

30.00

1.3

$390.00 Fee

33.33%

$130.00

25%

$

97.50

$

97.50

1.2

$360.00 Fee

33.33%

$120.00

25%

$

90.00

$

90.00

2.5
0.9

$750.00 Fee
$270.00 Fee

33.33%
0.00%

$250.00
$0.00

25%
0%

$
$

187.50
-

$
$

187.50
-

4.2

$1,260.00 Fee

0.00%

$0.00

0%

$

-

$

-

0.3
0.3
6.2
0.2

$90.00
$90.00
$1,860.00
$60.00

Fee
Fee
Fee
Fee

0.00%
33.33%
33.33%
33.33%

$0.00
$30.00
$620.00
$20.00

0%
25%
25%
25%

$
$
$
$

22.50
465.00
15.00

$
$
$
$

22.50
465.00
15.00

0.2

$60.00 Fee

0.00%

$0.00

0%

$

-

$

-

1
2

$300.00 Fee
$600.00 Fee

33.33%
33.33%

$100.00
$200.00

25%
25%

$
$

75.00
150.00

$
$

75.00
150.00

1

$300.00 Fee

33.33%

$100.00

25%

$

75.00

$

75.00

320
321
322
323
324
325

326

327

328

329
330
331
332
333

334
335
336
337
338
339
340
341
342
343
344
345
346
347
348

Continue to review expert report; telephone
1/31/2014 WPR call with the
expert and with the client.
Review depositions of William and Melissa
2/10/2014 WPR
Rhodes.
2/10/2014 WPR E‐mails with all parties regarding depositions.
E‐mails with all counsel regarding remaining
2/11/2014 WPR depositions; e‐
mails with the client.
2/11/2014 WPR E‐mails with all parties regarding depositions.
E‐mails with all parties regarding taxes and
2/12/2014 WPR e‐mail regarding
depositions.
Begin deposition preparation for other
2/12/2014 WPR witnesses from
Zucker.
E‐mails with all parties; final review of expert
2/14/2014 WPR report; send
the same to all parties.
Prepare for the depositions of Zucker and
2/18/2014 WPR Daniels; review prior preparation for
deposition of EMC/Residential.
Travel to and conduct the depositions of
2/19/2014 WPR Zucker, Daniels and
representative from EMC/Residential.
Pull research on facsimile of attorney signature
2/20/2014 WPR
on NOIs.
2/20/2014 WPR Telephone call with the client.
E‐mail and telephone call with Kelner
2/20/2014 WPR
regarding settlement.
Conference with Will Rubley re settlement
2/21/2014 SMZ discussion with
client.
Telephone call with the client and then e‐mail
2/21/2014 WPR to all parties
concerning settlement.
2/21/2014 WPR Letter to Tabakin.
Check status of document requests to Zucker
2/21/2014 WPR and e‐mail to
Sayles.
2/24/2014 WPR Telephone call with Kelner and e‐mail to
2/24/2014 WPR E‐mails to and from client regarding IME.
E‐mails with the client and telephone call with
2/24/2014 WPR the client
regarding the IME.
2/24/2014 WPR Telephone calls with Kelner.
2/26/2014 WPR Telephone call with Kelner.
2/26/2014 WPR Telephone message for the client.
2/27/2014 WPR Telephone call with the client.
2/28/2014 WPR Review e‐mail from the client.
2/28/2014 WPR Telephone call with Kelner and with Zauber.
Telephone call with Zauber regarding possible
3/2/2014 WPR
settlement.
Telephone conference with Will Rubley re
3/3/2014 SMZ settlement
discussion.
3/3/2014 WPR Prepare e‐mail to Kelner re settlement.

1.2

$360.00 Fee

33.33%

$120.00

25%

$

90.00

$

90.00

1.2

$360.00 Fee

33.33%

$120.00

25%

$

90.00

$

90.00

0.2

$60.00 Fee

33.33%

$20.00

25%

$

15.00

$

15.00

0.2

$60.00 Fee

33.33%

$20.00

25%

$

15.00

$

15.00

0.1

$30.00 Fee

33.33%

$10.00

25%

$

7.50

$

7.50

0.2

$60.00 Fee

33.33%

$20.00

25%

$

15.00

$

15.00

1.5

$450.00 Fee

100.00%

$450.00

100%

$

450.00

$

450.00

0.4

$120.00 Fee

33.33%

$40.00

25%

$

30.00

$

30.00

3.5

$1,050.00 Fee

100.00%

$1,050.00

100%

$

1,050.00

$

1,050.00

9.5

$2,850.00 Fee

50.00%

$1,425.00

50%

$

1,425.00

$

1,425.00

1.1

$330.00 Fee

100.00%

$330.00

100%

$

330.00

$

330.00

0.3

$90.00 Fee

33.33%

$30.00

25%

$

22.50

$

22.50

0.2

$60.00 Fee

0.00%

$0.00

0%

$

-

$

-

0.5

$150.00 Fee

33.33%

$50.00

25%

$

37.50

0.5

$150.00 Fee

33.33%

$50.00

25%

$

37.50

0.4

$120.00 Fee

0.00%

$0.00

0%

$

-

$

-

0.2

$60.00 Fee

100.00%

$60.00

100%

$

60.00

$

60.00

0.1
0.1

$30.00 Fee
$30.00 Fee

0.00%
50.00%

$0.00
$15.00

0%
50%

$
$

15.00

$
$

15.00

0.1

$30.00 Fee

50.00%

$15.00

50%

$

15.00

$

15.00

$
$
$
$
$
$

7.50
-

$

-

0.1
0.3
0.1
0.3
0.1
0.7

$30.00
$90.00
$30.00
$90.00
$30.00
$210.00

Fee
Fee
Fee
Fee
Fee
Fee

0.00%
0.00%
33.33%
0.00%
0.00%
0.00%

$0.00
$0.00
$10.00
$0.00
$0.00
$0.00

0%
0%
25%
0%
0%
0%

$
$
$
$
$
$

7.50
-

0.6

$180.00 Fee

33.33%

$60.00

25%

$

45.00

0.5

$150.00 Fee

33.33%

$50.00

25%

$

37.50

0.1

$30.00 Fee

0.00%

$0.00

0%

$

-

349
350
351
352
353
354
355
356

357
358
359
360

361
362
363
364
365
366
367
368
369
370
371

372
373
374
375

3/3/2014 WPR Telephone call with Kelner.
Prepare e‐mail to Tabakin and Sayles
3/4/2014 WPR
requesting documents.
3/4/2014 WPR E‐mails and telephone calls with Kelner.
Begin to prepare the summary judgment
motion; begin to review the discovery from all
3/5/2014 WPR
parties for the motion; e‐mail
form Sayles and e‐mail to Tabakin.
3/6/2014 WPR Review information from Sayles.
3/6/2014 WPR Review e‐mail from Tabakin.
3/6/2014 WPR Continue to prepare summary judgment
Continue to review the file and prepare for the
3/7/2014 WPR summary
judgment motion.
Continue to review discovery and to prepare
3/10/2014 WPR the summary
judgment motion.
3/10/2014 WPR Telephone call with Kelner.
Pull research on the vicarious liability of EMC
3/11/2014 WPR for the conduct
of Zucker, Marix and Residential.
Telephone call and e‐mails with Marix
3/11/2014 WPR
regarding settlement.
E‐mails with counsel regarding the stipulation
concerning the expert report and the e‐mail
3/11/2014 WPR
from Tabakin regarding missing
documents.
3/12/2014 WPR E‐mails with counsel for Marix.
Continue to prepare the summary judgment
3/12/2014 WPR
motion.
Continue to prepare the summary judgment
3/13/2014 WPR
motion.
Continue to prepare the summary judgment
3/14/2014 WPR motion; finalize
the motion and file.
Review the motion to compel IME and extend
3/14/2014 WPR
time.
Initial review of the summary judgment motion
3/15/2014 WPR filed by
Zucker.
Initial review of the summary judgment motion
3/15/2014 WPR
filed by EMC.
Prepare cover letter for motion and send
3/17/2014 WPR courtesy copies of
motion to all parties.
3/17/2014 WPR Check local rules and e‐mail to all parties.
Review the expert report of Marix; e‐mails
3/17/2014 WPR with counsel for Marix; begin to pull case law
on the Net Opinion Rule.
E‐mail to all counsel about extending time for
3/17/2014 WPR responses to
dispositive motions.
3/17/2014 WPR E‐mails with the client.
Draft letter to the clerk invoking Loc.R.Civ.P.
3/19/2014 WPR
7.1(d)(f).
Prepare e‐mail to Tabakin regarding missing
3/19/2014 WPR
documents.

0.2

$60.00 Fee

0.00%

$0.00

0%

$

-

$

-

0.1

$30.00 Fee

50.00%

$15.00

50%

$

15.00

$

15.00

0.5

$150.00 Fee

0.00%

$0.00

0%

$

-

$

-

2

$600.00 Fee

33.33%

$200.00

25%

$

150.00

1.1
0.1
3

$330.00 Fee
$30.00 Fee
$900.00 Fee

100.00%
0.00%
33.33%

$330.00
$0.00
$300.00

100%
0%
25%

$
$
$

330.00
225.00

$
$

330.00
-

3.5

$1,050.00 Fee

33.33%

$350.00

25%

$

262.50

3

$900.00 Fee

33.33%

$300.00

25%

$

225.00

0.2

$60.00 Fee

0.00%

$0.00

0%

$

-

$

-

6.2

$1,860.00 Fee

33.33%

$620.00

25%

$

465.00

$

465.00

0.6

$180.00 Fee

0.00%

$0.00

0%

$

-

$

-

0.5

$150.00 Fee

33.33%

$50.00

25%

$

37.50

$

37.50

0.3

$90.00 Fee

0.00%

$0.00

0%

$

-

$

-

6.5

$1,950.00 Fee

33.33%

$650.00

25%

$

487.50

10.5

$3,150.00 Fee

33.33%

$1,050.00

25%

$

787.50

10.4

$3,120.00 Fee

33.33%

$1,040.00

25%

$

780.00

0.5

$150.00 Fee

33.33%

$50.00

25%

$

37.50

$

37.50

1

$300.00 Fee

100.00%

$300.00

100%

$

300.00

$

300.00

0.5

$150.00 Fee

0.00%

$0.00

0%

$

-

$

-

0.3

$90.00 Fee

33.33%

$30.00

25%

$

22.50

$

22.50

0.2

$60.00 Fee

33.33%

$20.00

25%

$

15.00

$

15.00

2.2

$660.00 Fee

0.00%

$0.00

0%

$

-

$

-

0.2

$60.00 Fee

33.33%

$20.00

25%

$

15.00

$

15.00

0.2

$60.00 Fee

33.33%

$20.00

25%

$

15.00

$

15.00

0.2

$60.00 Fee

33.33%

$20.00

25%

$

15.00

$

15.00

0.1

$30.00 Fee

0.00%

$0.00

0%

$

-

$

-

376

377
378

379

380

381

382
383
384
385
386

387

388
389
390
391
392
393
394
395
396

397
398
399
400
401

Telephone call with the client; review the
3/21/2014 WPR summary judgment motions and begin to put
down an outline of a response.
Review the Motion to Extend Time and begin
3/21/2014 WPR to prepare a
response.
3/24/2014 WPR Conference call with the court and all parties.
E‐mail all parties regarding conference call; set
up the conference call with the court; prepare
3/24/2014 WPR e‐mail to Judge Rosen's office and e‐mail all
parties regarding mediation;
prepare e‐mail to the client re mediation.
Review the deposition transcript of EMC in
3/24/2014 WPR preparation for
the conference call.
Review scheduling orders and prepare for
3/24/2014 WPR telephone
conference call.
Conference with Will Rubley re discussion
3/25/2014 SMZ regarding going
forward/division of responsibilities.
3/25/2014 WPR Telephone call with Kelner.
3/25/2014 WPR E‐mails with counsel for Marix.
3/25/2014 WPR E‐mails to the client.
E‐mails with the client regarding the payment
3/26/2014 WPR history and the
checks, bank statements and ledgers.
Continue to pull cases for the opposition to the
3/26/2014 WPR summary
judgment motions of Defendants.
E‐mails with the client and with Kelner
3/26/2014 WPR regarding scheduling
the IME.
3/27/2014 WPR Prepare e‐mail to the client.
Review the old bankruptcy file for additional
3/27/2014 WPR payment records; go through each and every
box of documents.
3/31/2014 WPR Pull research on Net Opinions.
Review the reply memorandum of law on the
3/31/2014 WPR Motion to
Compel.
3/31/2014 WPR E‐mails with the client.
4/2/2014 WPR Telephone call with Kelner.
4/3/2014 WPR E‐mails from all parties.
E‐mail to all parties and e‐mail to the court
4/4/2014 WPR with the signed
consent order.
Telephone call with EMC counsel regarding
4/4/2014 WPR the consent order; e‐mails to all parties with
revised consent order.
Review e‐mail from the court and telephone
4/7/2014 WPR
call with Kelner.
Continue to prepare the opposition to the
4/7/2014 WPR Motions for
Summary Judgment.
4/8/2014 WPR Review e‐mail from Kelner and the court.
4/8/2014 WPR E‐mails with the client.

2.5

$750.00 Fee

33.33%

$250.00

25%

$

187.50

0.8

$240.00 Fee

33.33%

$80.00

25%

$

60.00

0.5

$150.00 Fee

33.33%

$50.00

25%

$

37.50

0.4

$120.00 Fee

33.33%

$40.00

25%

$

30.00

0.3

$90.00 Fee

0.00%

$0.00

0%

$

0.3

$90.00 Fee

33.33%

$30.00

25%

0.5

$150.00 Fee

33.33%

$50.00

0.3
0.1
0.3

$90.00 Fee
$30.00 Fee
$90.00 Fee

0.00%
0.00%
33.33%

0.8

$240.00 Fee

3

$

37.50

-

$

-

$

22.50

$

22.50

25%

$

37.50

$

37.50

$0.00
$0.00
$30.00

0%
0%
25%

$
$
$

22.50

$
$
$

22.50

33.33%

$80.00

25%

$

60.00

$

60.00

$900.00 Fee

33.33%

$300.00

25%

$

225.00

0.3

$90.00 Fee

0.00%

$0.00

0%

$

-

$

-

0.1

$30.00 Fee

33.33%

$10.00

25%

$

7.50

$

7.50

1.1

$330.00 Fee

33.33%

$110.00

25%

$

82.50

$

82.50

1.7

$510.00 Fee

33.33%

$170.00

25%

$

127.50

$

127.50

0.7

$210.00 Fee

33.33%

$70.00

25%

$

52.50

$

52.50

0.2
0.1
0.1

$60.00 Fee
$30.00 Fee
$30.00 Fee

33.33%
0.00%
33.33%

$20.00
$0.00
$10.00

25%
0%
25%

$
$
$

15.00
7.50

$
$
$

15.00
7.50

0.4

$120.00 Fee

33.33%

$40.00

25%

$

30.00

$

30.00

0.3

$90.00 Fee

33.33%

$30.00

25%

$

22.50

$

22.50

0.2

$60.00 Fee

33.33%

$20.00

25%

$

15.00

$

15.00

2.5

$750.00 Fee

33.33%

$250.00

25%

$

187.50

0.1
0.1

$30.00 Fee
$30.00 Fee

33.33%
33.33%

$10.00
$10.00

25%
25%

$
$

7.50
7.50

$
$

7.50
7.50

402
403
404
405

406
407
408
409

410
411
412
413
414

415

416

417

418

419
420
421
422
423
424
425
426
427

4/9/2014 WPR Letter from Kelner and e‐mail from the court.
Continue to prepare opposition to the Motions
4/9/2014 WPR for Summary
Judgment.
E‐mails with the court and with Kelner; call
4/10/2014 WPR
with Kelner.
Review the payment history from the client;
4/10/2014 WPR e‐mails to and
from the client.
Review documents from the client and e‐mails
4/15/2014 WPR with the
client.
4/16/2014 WPR Telephone call with the client.
4/17/2014 WPR Telephone call with the client.
Continue to review the payment history and
4/24/2014 WPR e‐mails with the
client.
Continue to pull research on the opposition to
4/27/2014 WPR the summary judgment motions filed by
Zucker and EMC/Residential.
4/28/2014 SMZ Prepare for mediation.
4/29/2014 WPR [GIW] Redaction of documents.
Review the new payment history and prepare
4/29/2014 WPR documents for service on all parties; serve
documents on all parties.
4/30/2014 WPR [GIW] Redaction of documents.
Recreate payment history from 6 years of bank
records and various documents and ledgers
from the Defendants and the prior servicer;
review all bank records and all payment
4/30/2014 WPR
histories; identify each payment made, with
corresponding bates stamp for proof of
payment; e‐mails and telephone calls with the
client regarding each bank statement and each
Continue to prepare the opposition to the
5/1/2014 WPR Summary
Judgment Motions.
Telephone call with the client to confirm the
5/1/2014 WPR IME and e‐mail
to counsel for Marix regarding the IME.
E‐mails and telephone calls with all counsel
and with the
5/2/2014 WPR
court regarding the return dates of the
summary judgment motions.
Telephone call with Tabakin regarding the
5/2/2014 WPR Certification from
his client.
5/5/2014 WPR E‐mails with the client.
5/5/2014 WPR Telephone call with the client.
5/6/2014 WPR Telephone call with the client.
5/8/2014 WPR Begin to prepare the settlement memorandum.
Finalize and file the confidential settlement
5/12/2014 WPR memo with the
court.
5/13/2014 WPR [GIW] File organization.
5/13/2014 WPR Organize the summary judgment motions.
5/13/2014 WPR E‐mails to and from the client.

0.2

$60.00 Fee

33.33%

$20.00

25%

$

15.00

$

15.00

2.2

$660.00 Fee

33.33%

$220.00

25%

$

165.00

0.2

$60.00 Fee

33.33%

$20.00

25%

$

15.00

$

15.00

1

$300.00 Fee

33.33%

$100.00

25%

$

75.00

$

75.00

0.3

$90.00 Fee

33.33%

$30.00

25%

$

22.50

$

22.50

0.2
0.2

$60.00 Fee
$60.00 Fee

33.33%
33.33%

$20.00
$20.00

25%
25%

$
$

15.00
15.00

$
$

15.00
15.00

1

$300.00 Fee

33.33%

$100.00

25%

$

75.00

$

75.00

2.5

$750.00 Fee

50.00%

$375.00

50%

$

375.00

1.5
3.5

$450.00 Fee
$315.00 Fee

33.33%
33.33%

$150.00
$105.00

25%
25%

$
$

112.50
78.75

$
$

112.50
78.75

1.2

$360.00 Fee

33.33%

$120.00

25%

$

90.00

$

90.00

1.5

$135.00 Fee

33.33%

$45.00

25%

$

33.75

$

33.75

6.5

$1,950.00 Fee

33.33%

$650.00

25%

$

487.50

$

487.50

4.8

$1,440.00 Fee

33.33%

$480.00

25%

$

360.00

0.3

$90.00 Fee

33.33%

$30.00

25%

$

22.50

$

22.50

0.6

$180.00 Fee

33.33%

$60.00

25%

$

45.00

0.3

$90.00 Fee

0.00%

$0.00

0%

$

-

$

-

Fee
Fee
Fee
Fee

33.33%
33.33%
33.33%
33.33%

$20.00
$30.00
$20.00
$150.00

25%
25%
25%
25%

$
$
$
$

15.00
22.50
15.00
112.50

$
$
$

15.00
22.50
15.00

3.5

$1,050.00 Fee

33.33%

$350.00

25%

$

262.50

1
0.3
0.2

$90.00 Fee
$90.00 Fee
$60.00 Fee

33.33%
33.33%
33.33%

$30.00
$30.00
$20.00

25%
25%
25%

$
$
$

22.50
22.50
15.00

$

22.50

$

15.00

0.2
0.3
0.2
1.5

$60.00
$90.00
$60.00
$450.00

428

429

430

431
432
433
434

435

436
437
438
439

440

441
442
443
444
445
446
447
448
449

Review the billing records in anticipation of
5/13/2014 WPR the settlement
conference.
Continue to prepare the opposition to the
Motions for Summary Judgment; telephone
5/13/2014 WPR
calls and e‐mails with the
client regarding the payment history.
Continue to prepare the opposition to the
motions for
5/14/2014 WPR summary judgment by EMC and Zucker; pull
cases on conflict of law between the FDIC and
the NJ FFA.
Travel to and appearance at mediation with
5/15/2014 SMZ
Judge Arpert.
Conference with Will Rubley re discussion
5/15/2014 SMZ about case after
mediation/file update.
Preparation for mediation/meeting with Will
5/15/2014 SMZ
Rubley.
Travel to and attend the settlement conference
5/15/2014 WPR before Judge
Arpert.
Review the settlement memo and the pleadings
and the summary judgment memos as
5/15/2014 WPR
preparation for the settlement
conference.
Continue to prepare opposition to the summary
judgment motions; pull research on the burden
5/16/2014 WPR
of proof for payment history under RESPA
and the FDCPA.
5/21/2014 WPR E‐mail with counsel scheduling expert
5/21/2014 WPR Telephone call with Kelner.
Initial review of expert report of Marix
5/21/2014 WPR emotional distress
expert.
Continue to prepare the opposition to the
5/22/2014 WPR Motions for
Summary Judgment.
Continue to prepare the opposition to the
5/27/2014 WPR Motions for
Summary Judgment.
5/28/2014 WPR Telephone call and e‐mails with Tabakin.
Continue to prepare the opposition to the
5/28/2014 WPR motions for
summary judgment.
5/29/2014 WPR Review the certification from
5/29/2014 WPR Telephone call with Kelner.
Continue to prepare the opposition to the
Zucker summary judgment motion; review
5/29/2014 WPR
research concerning the fair
foreclosure act and the FDCPA.
5/30/2014 WPR Multiple telephone calls with Kelner.
5/30/2014 WPR E‐mails with the client.
Continue to prepare the oppositions to the
6/2/2014 WPR summary
judgment motions.

1

$300.00 Fee

33.33%

$100.00

25%

$

75.00

3

$900.00 Fee

33.33%

$300.00

25%

$

225.00

2.5

$750.00 Fee

50.00%

$375.00

50%

$

375.00

$1,200.00 Fee

33.33%

$400.00

25%

$

300.00

0.5

$150.00 Fee

33.33%

$50.00

25%

$

37.50

0.5

$150.00 Fee

33.33%

$50.00

25%

$

37.50

4

$1,200.00 Fee

33.33%

$400.00

25%

$

300.00

1

$300.00 Fee

33.33%

$100.00

25%

$

75.00

2.5

$750.00 Fee

33.33%

$250.00

25%

$

187.50

0.3
0.4

$90.00 Fee
$120.00 Fee

33.33%
0.00%

$30.00
$0.00

25%
0%

$
$

1.2

$360.00 Fee

0.00%

$0.00

0%

3.5

$1,050.00 Fee

33.33%

$350.00

4.2

$1,260.00 Fee

33.33%

0.3

$90.00 Fee

2.6

$

375.00

22.50
-

$
$

22.50
-

$

-

$

-

25%

$

262.50

$420.00

25%

$

315.00

0.00%

$0.00

0%

$

-

$

-

$780.00 Fee

33.33%

$260.00

25%

$

195.00

0.2
0.2

$60.00 Fee
$60.00 Fee

0.00%
0.00%

$0.00
$0.00

0%
0%

$
$

-

$
$

-

4.2

$1,260.00 Fee

100.00%

$1,260.00

100%

$

1,260.00

$

1,260.00

0.4
0.3

$120.00 Fee
$90.00 Fee

0.00%
33.33%

$0.00
$30.00

0%
25%

$
$

22.50

$
$

22.50

2.5

$750.00 Fee

33.33%

$250.00

25%

$

187.50

4

450

451

452

453
454
455
456
457
458
459
460

461

462

463

464
465
466

467

468
469
470
471

Continue to draft the responses to summary
6/4/2014 WPR judgment
motions by Zucker and by EMC.
Continue to prepare the opposition to the
6/5/2014 WPR Motions for
Summary Judgment.
Continue to draft the opposition to the
6/9/2014 WPR summary judgment
motions.
Telephone conference with Eric Kelner re
6/10/2014 SMZ settlement
discussions/meeting with Will Rubley.
6/10/2014 WPR Telephone call with Tabakin.
6/10/2014 WPR Telephone call with Kelner.
Continue to prepare the opposition to the
6/10/2014 WPR summary
judgment motion.
Review e‐mail from counsel for EMC and
6/13/2014 WPR
review Certification.
Continue to draft responses to summary
6/14/2014 WPR judgment motions
by EMC and Residential.
6/14/2014 WPR Prepare e‐mail to the client.
Continue to research and draft responses to
6/15/2014 WPR summary
judgment motions.
Finalize the opposition to the Motions for
6/16/2014 WPR Summary
Judgment filed by Zucker and
Read all oppositions to Plaintiff's Motion for
Summary
6/17/2014 WPR
Judgment and begin to prepare outline for the
reply.
Pull research on the GLBA and the issue of
6/18/2014 WPR collectability of post‐petition attorneys fees
and costs.
Continue to research the issues raised in all
three responses to Plantiff's Motion for
6/19/2014 WPR
Summary Judgment; begin to prepare
the reply.
6/20/2014 WPR Continue to draft the reply memorandum of
Continue to prepare the reply memorandum of
6/21/2014 WPR
law.
Continue to prepare the reply memorandum of
law and pull research on the obligations of the
6/22/2014 WPR Plaintiff to amend pleadings and to amend
answers to discovery; draft reply and
send the same for review.
Finalize the Reply Memorandum of Law and
6/23/2014 WPR the Certification
and Exhibits; file the same.
7/2/2014 WPR Prepare e‐mail to Kelner.
7/3/2014 WPR Telephone call with the client.
Review the report from Chip Morrow and pull
research on the net opinion rule; begin to
7/21/2014 WPR
prepare questions for his
deposition.

3.6

$1,080.00 Fee

50.00%

$540.00

50%

$

540.00

$

540.00

2.8

$840.00 Fee

33.33%

$280.00

25%

$

210.00

2.4

$720.00 Fee

33.33%

$240.00

25%

$

180.00

0.3

$90.00 Fee

0.00%

$0.00

0%

$

-

$

-

0.3
0.3

$90.00 Fee
$90.00 Fee

0.00%
0.00%

$0.00
$0.00

0%
0%

$
$

-

$
$

-

2.5

$750.00 Fee

33.33%

$250.00

25%

$

187.50

0.3

$90.00 Fee

0.00%

$0.00

0%

$

-

$

-

4.5

$1,350.00 Fee

0.00%

$0.00

0%

$

-

$

-

0.2

$60.00 Fee

33.33%

$20.00

25%

$

15.00

$

15.00

5.5

$1,650.00 Fee

33.33%

$550.00

25%

$

412.50

3.8

$1,140.00 Fee

50.00%

$570.00

50%

$

570.00

$

570.00

3.2

$960.00 Fee

33.33%

$320.00

25%

$

240.00

4.5

$1,350.00 Fee

33.33%

$450.00

25%

$

337.50

$

337.50

2.8

$840.00 Fee

33.33%

$280.00

25%

$

210.00

3.4

$1,020.00 Fee

33.33%

$340.00

25%

$

255.00

5.5

$1,650.00 Fee

33.33%

$550.00

25%

$

412.50

6

$1,800.00 Fee

33.33%

$600.00

25%

$

450.00

2.8

$840.00 Fee

33.33%

$280.00

25%

$

210.00

0.1
0.4

$30.00 Fee
$120.00 Fee

0.00%
33.33%

$0.00
$40.00

0%
25%

$
$

30.00

$
$

30.00

2.8

$840.00 Fee

0.00%

$0.00

0%

$

-

$

-

472
473
474
475
476
477

478

479
480
481

482

483
484
485
486
487
488
489
490
491
492
493
494
495
496

7/22/2014 WPR Telephone call with the client.
Continue to prepare the questions for Chip
7/22/2014 WPR Morrow; pull research on other matters where
Chip Morrow testified.
Review e‐mail from Kelner; check dates for
7/23/2014 WPR
availability.
7/24/2014 WPR Prepare e‐mail to Kelner.
8/6/2014 WPR Telephone call with the client.
Prepare e‐mail to Kelner regarding deposition
8/8/2014 WPR
of Morrow.
[CS] Meet with Will Rubley to discuss case
status and upcoming deposition of defendant's
expert; review defendant's expert opinion;
9/2/2014 WPR conduct legal research on the standard for
expert opinions; determine what qualifies as a
net opinion vs. an expert opinion; prepare legal
memorandum re same.
Draft Notice of Deposition to Morrow; e‐mails
9/2/2014 WPR to and from
Kelner.
Finish up the Deposition Notice to Morrow;
9/3/2014 WPR
send the same.
9/3/2014 WPR Prepare e‐mail to the client.
[CS] Review Motions for Summary Judgment,
responses in Opposition to Motion for
Summary Judgment, and Reply to Defendant's
Response in Opposition to Plaintiff's Motion
9/5/2014 WPR
for Summary Judgment; procure and review
Motons to Exclude Expert Opinions of
Plaintiff's Expert filed in other jurisdictions;
begin to prepare questions to ask Defendant's
9/5/2014 WPR E‐mail with the client.
Review the court's order and telephone call
9/10/2014 WPR
with the client.
9/11/2014 WPR Prepare the settlement statement for Judge
9/11/2014 WPR E‐mail with Sayles.
[CS] Continue to prepare questions for the
9/12/2014 WPR deposition of
opposing counsel's expert.
9/12/2014 WPR Finalize the settlement statement for Judge
E‐mail from all parties regarding the settlement
9/12/2014 WPR
conference.
[CS] Continue to prepare questions for the
9/15/2014 WPR deposition of
opposing counsel's expert.
9/15/2014 WPR Telephone call with Kelner.
E‐mails with all counsel regarding settlement
9/16/2014 WPR
conference.
9/17/2014 WPR Telephone call with the client.
Conference with Will Rubley re strategy
9/19/2014 SMZ session on mediation
and going forward.
9/22/2014 WPR E‐mails with all parties.
Review the settlement memorandum to Judge
9/29/2014 WPR
Shipp.

0.6

$180.00 Fee

33.33%

$60.00

25%

$

45.00

$

45.00

1.6

$480.00 Fee

0.00%

$0.00

0%

$

-

$

-

0.2

$60.00 Fee

0.00%

$0.00

0%

$

-

$

-

0.2
0.4

$60.00 Fee
$120.00 Fee

0.00%
0.00%

$0.00
$0.00

0%
0%

$
$

-

$
$

-

0.1

$30.00 Fee

0.00%

$0.00

0%

$

-

$

-

2.5

$337.50 Fee

33.33%

$112.50

25%

$

84.38

$

84.38

1.5

$450.00 Fee

0.00%

$0.00

0%

$

-

$

-

0.4

$120.00 Fee

0.00%

$0.00

0%

$

-

$

-

0.2

$60.00 Fee

33.33%

$20.00

25%

$

15.00

$

15.00

4

$540.00 Fee

33.33%

$180.00

25%

$

135.00

$

135.00

0.2

$60.00 Fee

33.33%

$20.00

25%

$

15.00

$

15.00

0.4

$120.00 Fee

33.33%

$40.00

25%

$

30.00

$

30.00

2.8
0.1

$840.00 Fee
$30.00 Fee

33.33%
100.00%

$280.00
$30.00

25%
100%

$
$

210.00
30.00

$
$

210.00
30.00

1.5

$202.50 Fee

0.00%

$0.00

0%

$

-

$

-

1.4

$420.00 Fee

33.33%

$140.00

25%

$

105.00

$

105.00

0.2

$60.00 Fee

33.33%

$20.00

25%

$

15.00

$

15.00

3

$405.00 Fee

0.00%

$0.00

0%

$

-

$

-

0.3

$90.00 Fee

0.00%

$0.00

0%

$

-

$

-

0.2

$60.00 Fee

33.33%

$20.00

25%

$

15.00

$

15.00

0.6

$180.00 Fee

33.33%

$60.00

25%

$

45.00

$

45.00

0.7

$210.00 Fee

33.33%

$70.00

25%

$

52.50

0.1

$30.00 Fee

33.33%

$10.00

25%

$

7.50

$

7.50

0.5

$150.00 Fee

33.33%

$50.00

25%

$

37.50

497
498
499

500

501

502

503
504
505
506
507
508
509

510
511
512
513
514
515
516
517

518

519

520

521

Conference with Will Rubley re discussion
9/30/2014 SMZ about settlement
conference and submission.
9/30/2014 WPR Make changes to the Settlement Agreement.
Review and revise letter to judge re settlement
10/1/2014 JPL conference
(history of case and issues etc.)
Finalize the settlement letter to Judge Shipp
10/1/2014 WPR and fax the
same to the Judge's chambers.
Review of complaint and summary judgment
10/7/2014 SMZ motion re
preparation for settlement discussions.
Final preparation for the settlement
10/7/2014 WPR conference; telephone
call with the client.
Travel to and attend the Settlement Conference
10/8/2014 WPR with Judge
Shipp.
10/10/2014 WPR Begin to prepare the settlement documents.
Continue to prepare the settlement documents;
10/15/2014 WPR e‐mails to
and from the client.
10/27/2014 WPR E‐mails from Kelner.
10/27/2014 WPR Continue to prepare the settlement agreements.
10/28/2014 WPR Continue to prepare the settlement agreements.
Continue drafting the settlement agreements;
11/3/2014 WPR e‐mail with
Kelner.
Finalize the settlement agreements and send
11/4/2014 WPR the same to all
parties.
11/7/2014 WPR E‐mails with the clients and e‐mail with
Review the proposed changes from Kelner on
11/7/2014 WPR
the
11/10/2014 WPR E‐mails with Sayles and Tabakin.
11/11/2014 WPR Telephone conference with the client.
11/17/2014 WPR Telephone conference with Tabakin.
11/19/2014 WPR Telephone conference with Tabakin.
E‐mails with Sayles and Tabakin; e‐mails to
11/21/2014 WPR and from the
client.
[CS] Conduct legal research on motion to
enforce settlement; conduct legal research on
11/25/2014 WPR motion to reopen case after an Order
dismissing the action without prejudice was
entered by the court; prepare Motion to
Review the proposed agreements from
Tabakin; e‐mails to Tabakin; telephone call
11/25/2014 WPR
with Tabakin and with Kelner; review letters
from Tabakin and Kelner to Judge Shipp.
Begin to prepare the Motion to Restore the
11/25/2014 WPR case to the active
docket.
[CS] Finalize motion to reopen matter and
11/26/2014 WPR prepare same for
filing.

0.7

$210.00 Fee

33.33%

$70.00

25%

$

52.50

0.4

$120.00 Fee

33.33%

$40.00

25%

$

30.00

0.3

$90.00 Fee

33.33%

$30.00

25%

$

22.50

1

$300.00 Fee

33.33%

$100.00

25%

$

75.00

0.5

$150.00 Fee

33.33%

$50.00

25%

$

37.50

2.1

$630.00 Fee

33.33%

$210.00

25%

$

157.50

7.5

$2,250.00 Fee

33.33%

$750.00

25%

$

562.50

1.8

$540.00 Fee

33.33%

$180.00

25%

$

135.00

1.2

$360.00 Fee

33.33%

$120.00

25%

$

90.00

0.2
0.8
1.2

$60.00 Fee
$240.00 Fee
$360.00 Fee

0.00%
33.33%
33.33%

$0.00
$80.00
$120.00

0%
25%
25%

$
$
$

60.00
90.00

2.5

$750.00 Fee

33.33%

$250.00

25%

$

187.50

3.6

$1,080.00 Fee

33.33%

$360.00

25%

$

270.00

0.3

$90.00 Fee

0.00%

$0.00

0%

$

0.4

$120.00 Fee

0.00%

$0.00

0%

0.2
0.2
0.3
0.4

$60.00
$60.00
$90.00
$120.00

Fee
Fee
Fee
Fee

50.00%
33.33%
0.00%
0.00%

$30.00
$20.00
$0.00
$0.00

0.4

$120.00 Fee

50.00%

4.5

$900.00 Fee

0.9

$

-

-

$

-

$

-

$

-

50%
25%
0%
0%

$
$
$
$

30.00
15.00
-

$
$
$
$

30.00
15.00
-

$60.00

50%

$

60.00

$

60.00

33.33%

$300.00

25%

$

225.00

$270.00 Fee

0.00%

$0.00

0%

$

-

$

-

0.8

$240.00 Fee

33.33%

$80.00

25%

$

60.00

$

60.00

1

$200.00 Fee

33.33%

$66.67

25%

$

50.00

$

50.00

522

11/26/2014 WPR

523
524

11/26/2014 WPR
12/18/2014 WPR

525

12/19/2014 WPR

526

12/19/2014 WPR

527

12/22/2014 WPR

528

1/3/2015 WPR

529

1/5/2015 WPR

530

1/6/2015 WPR

531

1/6/2015 WPR

532

1/6/2015 WPR

533

1/7/2015 WPR

534

1/8/2015 WPR

535

1/9/2015 WPR

536

1/12/2015 WPR

537

1/13/2015 WPR

538

1/13/2015 WPR

539

1/13/2015 WPR

540

1/14/2015 SMZ

541
542
543
544
545

1/14/2015
1/14/2015
1/15/2015
1/16/2015
1/16/2015

546

1/22/2015 WPR

547

2/10/2015 WPR

548

2/16/2015 WPR

WPR
WPR
WPR
WPR
WPR

Finalize the motion to reinstate case and file
same.
Draft letter to Judge Shipp.
Review letter from Sayles.
Initial review of the Cross Motion to Enforce
Settlement.
Meet with Sidelsky; review the electric bill
from the client; initial review of the Motion for
Financing of the Insurance
Premiums.
Pull research on the Cross Motion to Approve
Settlement.
Pull research on the Motion to Enforce
Settlement.
Continue to draft the response to the cross
motion to
enforce settlement.
Continue to pull research on the settlement of
certain claims against certain defendants when
the claims are co‐
dependent on non‐settling claims.
Review the Motion to Enforce Settlement by
Marix.
Review the Motion to Enforce Settlement by
Zucker.
Continue to research motions to approve
settlement and to
prepare the opposition to the same.
Continue to draft opposition to the Motions to
Enforce
Settlement.
Continue to draft the Response to the Motion
to Enforce
Settlements.
Telephone call with all counsel and letter to the
court; fax
and file the letter to the court.
Telephone call with the court.
Telephone call with the court and e‐mails to all
parties.
Telephone call with the client.
Review various e‐mails back and forth to set
up a hearing
date.
E‐mails with Sayles.
E‐mails to and from all parties.
Telephone call with the client.
Telephone call with the court.
E‐mails to all consel.
E‐mail with Kelner and telephone call with the
court.
Research on the empty chair defense.
Continue research on the empty chair defense;
draft letter to Judge Shipp regarding settlement
conference.

4.2

$1,260.00 Fee

33.33%

$420.00

25%

$

315.00

$

315.00

0.8
0.1

$240.00 Fee
$30.00 Fee

33.33%
100.00%

$80.00
$30.00

25%
100%

$
$

60.00
30.00

$
$

60.00
30.00

1

$300.00 Fee

33.33%

$100.00

25%

$

75.00

0.5

$150.00 Fee

33.33%

$50.00

25%

$

37.50

1.3

$390.00 Fee

33.33%

$130.00

25%

$

97.50

2.5

$750.00 Fee

33.33%

$250.00

25%

$

187.50

3.5

$1,050.00 Fee

33.33%

$350.00

25%

$

262.50

2.2

$660.00 Fee

33.33%

$220.00

25%

$

165.00

1.5

$450.00 Fee

0.00%

$0.00

0%

$

-

$

-

1.9

$570.00 Fee

100.00%

$570.00

100%

$

570.00

4.5

$1,350.00 Fee

33.33%

$450.00

25%

$

337.50

1.3

$390.00 Fee

33.33%

$130.00

25%

$

97.50

2.6

$780.00 Fee

33.33%

$260.00

25%

$

195.00

0.8

$240.00 Fee

33.33%

$80.00

25%

$

60.00

$

60.00

0.2

$60.00 Fee

33.33%

$20.00

25%

$

15.00

$

15.00

0.4

$120.00 Fee

33.33%

$40.00

25%

$

30.00

$

30.00

0.3

$90.00 Fee

33.33%

$30.00

25%

$

22.50

$

22.50

0.4

$120.00 Fee

33.33%

$40.00

25%

$

30.00

$

30.00

0.2
0.2
0.3
0.1
0.1

$60.00
$60.00
$90.00
$30.00
$30.00

Fee
Fee
Fee
Fee
Fee

100.00%
33.33%
33.33%
33.33%
33.33%

$60.00
$20.00
$30.00
$10.00
$10.00

100%
25%
25%
25%
25%

$
$
$
$
$

60.00
15.00
22.50
7.50
7.50

$
$
$
$
$

60.00
15.00
22.50
7.50
7.50

0.2

$60.00 Fee

0.00%

$0.00

0%

$

-

$

-

1.4

$420.00 Fee

33.33%

$140.00

25%

$

105.00

$

105.00

1.8

$540.00 Fee

33.33%

$180.00

25%

$

135.00

549

550

551
552
553
554

555

556

557

558

559

560

561

562

563
564
565
566

567

568

Finalize letter to Judge Shipp and prepare for
2/17/2015 WPR the settlement
conference.
[CS] Telephone conference with Will Rubley
2/18/2015 WPR to discuss terms
of settlement with Marix and Zucker.
[CS] Telephone conference with Will Rubley
2/18/2015 WPR to discuss terms of settlement with EMC and
Residential.
Travel to and appearance at settlement
2/18/2015 SMZ
conference.
2/18/2015 WPR Final preparation for the settlement
Travel to and attend the settlement conference
2/18/2015 WPR before Judge
Shipp.
Begin to prepare the responses to the Motions
2/22/2015 WPR to Enforce
Settlement.
Review outstanding discovery from EMC and
2/25/2015 WPR Residential and review status of the case in
light of the failed settlement.
Continue to draft the opposition to the Motion
2/27/2015 WPR to Enforce
Settlement.
Continue to draft the opposition to the cross
2/28/2015 WPR motions to
settle or to enforce settlement.
Continue to draft the Opposition to the three
3/2/2015 WPR Motions to
Enforce Settlement.
Finalize the opposition to the three cross
motions to enforce settlement and file the
3/3/2015 WPR
same; send a courtesy copy to Judge
Shipp.
Review the reply briefs filed by EMC, Marix
3/11/2015 WPR and Zucker; make
notes on the replies.
Final review of all replies and prepare
sur‐reply; multiple e‐ mails with all parties
3/12/2015 WPR regarding the sur‐reply and telephone call with
with the court; draft letter to the court
regarding sur reply and file the letter and
3/12/2015 WPR Telephone call with Kelner.
4/7/2015 WPR E‐mails to and from the client.
4/23/2015 WPR Telephone call with the client.
Review the court order requesting oral
argument. Pull
5/7/2015 WPR
motions and all replies to the Motion and pull
the summary judgment motions and begin to
Emails with all parties regarding the return
5/11/2015 WPR date of the
pending Motions.
Emails to all parties regarding the return dates
5/12/2015 WPR on the Motion
to Reopen and Motions to Enforce.

2.3

$690.00 Fee

33.33%

$230.00

25%

$

172.50

$

172.50

0.1

$20.00 Fee

50.00%

$10.00

50%

$

10.00

0.1

$20.00 Fee

0.00%

$0.00

0%

$

-

$

-

3

$900.00 Fee

33.33%

$300.00

25%

$

225.00

0.8

$240.00 Fee

33.33%

$80.00

25%

$

60.00

$

60.00

4.1

$1,230.00 Fee

33.33%

$410.00

25%

$

307.50

1.8

$540.00 Fee

33.33%

$180.00

25%

$

135.00

2.4

$720.00 Fee

33.33%

$240.00

25%

$

180.00

2.2

$660.00 Fee

33.33%

$220.00

25%

$

165.00

2.8

$840.00 Fee

33.33%

$280.00

25%

$

210.00

3.5

$1,050.00 Fee

33.33%

$350.00

25%

$

262.50

4.6

$1,380.00 Fee

33.33%

$460.00

25%

$

345.00

2.4

$720.00 Fee

33.33%

$240.00

25%

$

180.00

$

180.00

3.4

$1,020.00 Fee

33.33%

$340.00

25%

$

255.00

$

255.00

0.4
0.2
0.4

$120.00 Fee
$60.00 Fee
$120.00 Fee

0.00%
33.33%
33.33%

$0.00
$20.00
$40.00

0%
25%
25%

$
$
$

15.00
30.00

$
$
$

15.00
30.00

0.9

$270.00 Fee

33.33%

$90.00

25%

$

67.50

0.1

$30.00 Fee

33.33%

$10.00

25%

$

7.50

$

7.50

0.1

$30.00 Fee

33.33%

$10.00

25%

$

7.50

$

7.50

569

5/14/2015 WPR

570

5/19/2015 SMZ

571

5/19/2015 SMZ

572

5/19/2015 WPR

573

5/19/2015 WPR

574
575
576

5/19/2015 WPR
5/28/2015 WPR
6/24/2015 WPR

577

6/29/2015 WPR

578
579
580

6/30/2015 WPR
7/1/2015 WPR
7/8/2015 WPR

581

8/5/2015 WPR

582

8/6/2015 WPR

583

8/7/2015 WPR

584

8/17/2015 WPR

585
586
587

8/20/2015 WPR
8/20/2015 WPR
8/20/2015 WPR

588

9/2/2015 WPR

589

9/14/2015 WPR

590

9/15/2015 WPR

591

9/29/2015 WPR

592
593

9/30/2015 WPR
10/5/2015 WPR

594

10/5/2015 WPR

595

10/5/2015 WPR

596

10/6/2015 WPR

597

10/8/2015 WPR

598

10/8/2015 WPR

Continue to prepare for the oral arguments on
the Motion to Reopen and Motions to Enforce
Settlement. Review the
summary judgment motions.
Prepare for hearing on motion to
reopen/discuss with Will
Rubley.
Travel to and appear at hearing for motion to
reopen.
Travel to and attend the hearing in Trenton.
Final prep for the hearing. Review the pending
motions and
the motions for summary judgment.
Email and telephone call with the client.
Telephone call with Kelner regarding
Email with all counsel.
Email all counsel regarding the conference call
with the
court.
Conference call with Judge Arpert.
Review scheduling order from Alpert.
[CS] Prepare and file entry of appearance
Review the bankruptcy petition of Zucker
Goldberg &
Ackerman.
Begin to prepare the Motion for Stay Relief.
Pull forms from
Westlaw and case law.
Continue to draft the Motion for Stay Relief.
Email with all counsel regarding the
conference call.
Telephone call with Judge ArpertÆs chambers.
Prepare for the conference call with the court.
Conference call with Judge Arpert.
Pull research on Motion to Vacate Reference.
Continue to research motions to withdraw the
reference.
Continue to draft the Motion to Withdraw the
Reference.
Telephone call with Kelner.
[CS] Conduct legal research on the withdraw
of reference
from Bankruptcy.
[CS] Prepare motion to withdraw reference.
[CS] Discuss same with Will Rubley.
[CS] Conduct additional research on the
mandatory withdraw
of the reference.
[CS] Make necessary corrections and
additions to the
memorandum of law in support of the motion.
Review the Motion to withdraw the Reference.
[CS] Final review the motion to withdraw.
Review citations and shepardize case law.
Prepare table of contents and table
of authorities.
Call with the bankruptcy court.

2.1

$630.00 Fee

33.33%

$210.00

25%

$

157.50

0.3

$90.00 Fee

33.33%

$30.00

25%

$

22.50

$

22.50

3

$900.00 Fee

33.33%

$300.00

25%

$

225.00

$

225.00

3.5

$1,050.00 Fee

33.33%

$350.00

25%

$

262.50

$

262.50

1.4

$420.00 Fee

33.33%

$140.00

25%

$

105.00

0.6
0.4
0.1

$180.00 Fee
$120.00 Fee
$30.00 Fee

33.33%
0.00%
33.33%

$60.00
$0.00
$10.00

25%
0%
25%

$
$
$

45.00
7.50

$
$
$

45.00
7.50

0.1

$30.00 Fee

33.33%

$10.00

25%

$

7.50

$

7.50

0.6
0.2
0.3

$180.00 Fee
$60.00 Fee
$60.00 Fee

33.33%
33.33%
33.33%

$60.00
$20.00
$20.00

25%
25%
25%

$
$
$

45.00
15.00
15.00

$
$
$

45.00
15.00
15.00

1.8

$540.00 Fee

100.00%

$540.00

100%

$

540.00

$

540.00

2.5

$750.00 Fee

100.00%

$750.00

100%

$

750.00

$

750.00

1.6

$480.00 Fee

100.00%

$480.00

100%

$

480.00

$

480.00

0.3

$90.00 Fee

33.33%

$30.00

25%

$

22.50

$

22.50

0.3
0.7
2.5

$90.00 Fee
$210.00 Fee
$750.00 Fee

33.33%
33.33%
100.00%

$30.00
$70.00
$750.00

25%
25%
100%

$
$
$

22.50
52.50
750.00

$
$

22.50
52.50

2.6

$780.00 Fee

100.00%

$780.00

100%

$

780.00

2

$600.00 Fee

100.00%

$600.00

100%

$

600.00

0.4

$120.00 Fee

100.00%

$120.00

100%

$

120.00

$

120.00

2

$400.00 Fee

100.00%

$400.00

100%

$

400.00

4
0.3

$800.00 Fee
$60.00 Fee

100.00%
100.00%

$800.00
$60.00

100%
100%

$
$

800.00
60.00

1

$200.00 Fee

100.00%

$200.00

100%

$

200.00

3

$600.00 Fee

100.00%

$600.00

100%

$

600.00

2.2

$660.00 Fee

100.00%

$660.00

100%

$

660.00

4.5

$900.00 Fee

100.00%

$900.00

100%

$

900.00

0.3

$90.00 Fee

100.00%

$90.00

100%

$

90.00

599

10/8/2015 WPR

600

10/9/2015 WPR

601

10/9/2015 WPR

602

10/15/2015 WPR

603

10/15/2015 WPR

604

10/16/2015 WPR

605

10/16/2015 WPR

606

11/23/2015 WPR

607

12/3/2015 WPR

608

1/11/2016 WPR

609

7/28/2016 WPR

610
611
612
613

7/29/2016
9/7/2016
9/8/2016
9/27/2016

WPR
WPR
WPR
WPR

614

12/13/2016 WPR

615
616
617

12/20/2016 WPR
12/23/2016 WPR
12/30/2016 WPR

618

1/8/2017 WPR

619

1/12/2017 WPR

620
621

1/12/2017 WPR
1/13/2017 WPR

622

1/26/2017 WPR

623

1/27/2017 WPR

624

1/31/2017 WPR

625

2/6/2017 WPR

Final review of the Motion to Withdraw the
Reference.
[CS] Prepare letter to Judge Shipp enclosing
copy of the motion to withdraw reference.
Organize motion and exhibits
to send to Judge.
Review the rules for service of the Motion to
Withdraw the
Reference.
[CS] Review Zucker’s response to Rhodes’
motion to
withdraw.
Review the opposition to the Motion to
Withdraw the
reference. Pull cases on ôrelated toö
jurisdiction of the bankruptcy court and
Finalize the reply to the Motion to Withdraw
the reference
and file the same.
Review the sur‐reply filed by Zucker.
Review the order from the district court
denying the Motion
to Withdraw the Reference.
Draft and file the proof of claim.
Begin to draft the Motion to Reconsider /
Motion for Stay
Relief.
Review the Motions filed in Zucker
bankruptcy relating to
malpractice claims.
Continue to research the Motion for Stay
Telephone call with the client.
Draft the Motion for Stay Relief
Telephone call with Tabakin.
Check status of bankruptcy matter and
telephone call with
the court. Pull forms on Motion for Stay
Continue to draft the Motion for Stay Relief.
Continue to prepare the Motion for Stay
Continue to prepare the Motion for Stay
Finalize the Motion for Stay Relief and
prepare the same for
filing. Pull information regarding applicable
insurance policies.
Telephone call with bankruptcy counsel for
Zucker.
Telephone message for Adler.
Email to the client.
Check status of the pending Motion for Stay
Relief.
Telephone call with bankruptcy counsel.
Email from bankruptcy counsel. Check status
of motion .
Response to email.
Emails with bankruptcy counsel and check
status of motion.

1.5

$450.00 Fee

100.00%

$450.00

100%

$

450.00

0.6

$120.00 Fee

100.00%

$120.00

100%

$

120.00

0.4

$120.00 Fee

100.00%

$120.00

100%

$

120.00

0.2

$40.00 Fee

100.00%

$40.00

100%

$

40.00

2.5

$750.00 Fee

100.00%

$750.00

100%

$

750.00

1.5

$450.00 Fee

100.00%

$450.00

100%

$

450.00

0.4

$120.00 Fee

100.00%

$120.00

100%

$

120.00

0.5

$150.00 Fee

100.00%

$150.00

100%

$

150.00

0.5

$150.00 Fee

100.00%

$150.00

100%

$

3.5

$1,050.00 Fee

0.00%

$0.00

0%

1.5

$450.00 Fee

100.00%

$450.00

1.3
0.4
2.8
0.3

$390.00
$120.00
$840.00
$90.00

Fee
Fee
Fee
Fee

100.00%
33.33%
100.00%
0.00%

1.3

$390.00 Fee

2.1
3.7
1.7

$

120.00

150.00

$

150.00

$

-

$

-

100%

$

450.00

$

450.00

$390.00
$40.00
$840.00
$0.00

100%
25%
100%
0%

$
$
$
$

390.00
30.00
840.00
-

$
$
$
$

390.00
30.00
840.00
-

100.00%

$390.00

100%

$

390.00

$

390.00

$630.00 Fee
$1,110.00 Fee
$425.00 Fee

100.00%
100.00%
100.00%

$630.00
$1,110.00
$425.00

100%
100%
100%

$
$
$

630.00
1,110.00
425.00

$
$
$

630.00
1,110.00
425.00

2.5

$625.00 Fee

100.00%

$625.00

100%

$

625.00

$

625.00

0.2

$50.00 Fee

100.00%

$50.00

100%

$

50.00

$

50.00

0.1
0.2

$25.00 Fee
$50.00 Fee

100.00%
33.33%

$25.00
$16.67

100%
25%

$
$

25.00
12.50

$

12.50

0.3

$75.00 Fee

100.00%

$75.00

100%

$

75.00

$

75.00

0.2

$50.00 Fee

100.00%

$50.00

100%

$

50.00

$

50.00

0.3

$75.00 Fee

100.00%

$75.00

100%

$

75.00

$

75.00

0.5

$125.00 Fee

100.00%

$125.00

100%

$

125.00

$

125.00

626

3/3/2017 WPR

627
628

3/8/2017 WPR
3/9/2017 WPR

629

3/15/2017 WPR

630

3/15/2017 WPR

631

3/16/2017 WPR

632
633

3/17/2017 WPR
4/17/2017 WPR

634

4/17/2017 WPR

635

4/18/2017 WPR

636

4/25/2017 WPR

637

5/22/2017 WPR

638

5/22/2017 WPR

639

5/23/2017 WPR

640

5/25/2017 WPR

641
642

5/26/2017 WPR
5/26/2017 WPR

643

7/13/2017 WPR

644

8/25/2017 WPR

645

8/28/2017 WPR

646

8/30/2017 WPR

647

9/6/2017 WPR

648

9/8/2017 WPR

649

9/8/2017 WPR

Telephone call with the court and review the
court order.
Pull research on Motion to Reopen case.
Telephone call with the court.
Prepare and send revised order to the Judge in
the
bankruptcy court.
Continue to draft the Motion to Reinstate the
District Court
Action.
Continue to pull research on the good cause
standard to
reopen the district court action. Review the
docket and pull the order dismissing the case.
Draft the Motion to Reopen.
Finalize and file the Motion to Reopen.
Pull research on the standard of good cause for
motion to
reopen administratively dismissed case.
File and serve the Motion to Reopen.
Review letters from Zucker and Marix to the
clerk. Pull research on dispositive motions.
Draft and file a response to
the two 7.1 letters.
Review the opposition to the Motion to
Reopen filed by
Marix.
Pull research on the cases cited by Marix in its
brief. Review the records for the factual
statements asserted by Marix.
Review the Opposition to the Motion to
Reopen filed by Zucker. Pull cases cited by
Zucker. Pull research on the requirement that
a motion cite to a certification or affidavit
from the client. Pull research on the standard
of good cause and pull cases cited by Marix in
its opposition to the Motion
to Reopen.
Review and revise the Reply to the Motion to
Reopen.
Finalize and file the Reply Memorandum of
Telephone call with Kelner.
Emails with the client regarding status of the
case.
Review the Memorandum and Order
reopening the case. Review file and docket
report for status of pending matters.
Telephone call with Judge Arpert’s chambers
and letter to
the Judge.
Emails with the court and all parties regarding
the
Review the Henson v. Santander decision.
Review file and prepare for conference call
with the court.
Send email to all parties.
Conference call with the court.

0.6

$150.00 Fee

100.00%

$150.00

100%

$

150.00

$

150.00

2.3
0.2

$575.00 Fee
$50.00 Fee

33.33%
33.33%

$191.67
$16.67

25%
25%

$
$

143.75
12.50

$
$

143.75
12.50

0.2

$50.00 Fee

100.00%

$50.00

100%

$

50.00

$

50.00

3

$750.00 Fee

33.33%

$250.00

25%

$

187.50

$

187.50

1.3

$325.00 Fee

33.33%

$108.33

25%

$

81.25

$

81.25

0.5
2.6

$125.00 Fee
$650.00 Fee

33.33%
33.33%

$41.67
$216.67

25%
25%

$
$

31.25
162.50

$
$

31.25
162.50

3

$750.00 Fee

33.33%

$250.00

25%

$

187.50

$

187.50

0.8

$200.00 Fee

33.33%

$66.67

25%

$

50.00

$

50.00

1.4

$350.00 Fee

50.00%

$175.00

50%

$

175.00

$

175.00

1.5

$375.00 Fee

0.00%

$0.00

0%

$

-

$

-

2.2

$550.00 Fee

0.00%

$0.00

0%

$

-

$

-

6.2

$1,550.00 Fee

100.00%

$1,550.00

100%

$

1,550.00

$

1,550.00

1.8

$450.00 Fee

50.00%

$225.00

50%

$

225.00

$

225.00

1.3
0.3

$325.00 Fee
$75.00 Fee

50.00%
0.00%

$162.50
$0.00

50%
0%

$
$

162.50
-

$
$

162.50
-

0.3

$75.00 Fee

33.33%

$25.00

25%

$

18.75

$

18.75

0.3

$75.00 Fee

33.33%

$25.00

25%

$

18.75

$

18.75

0.3

$75.00 Fee

33.33%

$25.00

25%

$

18.75

$

18.75

0.2

$50.00 Fee

33.33%

$16.67

25%

$

12.50

$

12.50

1.1

$275.00 Fee

33.33%

$91.67

25%

$

68.75

0.5

$125.00 Fee

33.33%

$41.67

25%

$

31.25

$

31.25

0.4

$100.00 Fee

33.33%

$33.33

25%

$

25.00

$

25.00

650

651
652
653
654
655
656

657

658

659
660

661
662
663
664
665
666
667
668
669
670
671
672
673
674
675
676
677
678
679

Draft letter to Judge Apert and send the same
9/11/2017 WPR to all parties
for approval.
Emails with counsel and send letter and file
9/14/2017 WPR letter to the
Judge.
11/29/2017 WPR Check status of pending motions.
12/18/2017 WPR Telephone call with Tabakin.
Pull summary judgment motions and review
2/19/2018 WPR
documents.
2/19/2018 WPR Email with the client regarding offer.
Pull summary judgment motions and review
2/19/2018 WPR
documents.
Pull Henson v. Santander and related cases to
prepare for
2/20/2018 WPR
oral argument on Motions for Summary
Judgment.
Review all summary judgment filings and all
responses. Prepare outline for argument.
2/21/2018 WPR Review the Henson and Beard decisions and
pull the legislative history of the FDCPA.
Review case law and statutes cited in the
2/21/2018 WPR Telephone call with the client.
Final prep for oral argument on pending
2/22/2018 WPR summary judgment
motions.
Travel to and attend oral argument on pending
2/22/2018 WPR summary
judgment motions.
Began reviewing case file in preparation for
2/23/2018 AC
trial prep.
2/26/2018 AC Continued reviewing Rhodes file.
2/27/2018 WPR Telephone call with the client.
Pull expert reports and review. Begin to
2/27/2018 WPR prepare for the
deposition of Morrow.
2/28/2018 AC Continued reviewing file materials.
3/1/2018 WPR Emails with all counsel.
3/1/2018 AC Reviewed our produced documents.
3/12/2018 WPR Letter from Zucker to Judge Thompson.
Pull, organize, and review file for outstanding
3/14/2018 WPR discovery and
other issues to be tried.
3/19/2018 WPR Emails with the client.
3/22/2018 WPR Review the court order and the opinion.
Pull and review file and all exhibits for proofs
3/23/2018 WPR after summary
judgment motion.
3/26/2018 WPR Conference call with the court.
3/26/2018 WPR Prepare for conference call with the court.
Email with the client and telephone call with
3/27/2018 WPR
the court.
Telephone call with the court and telephone
3/28/2018 WPR message for the
client.
3/28/2018 WPR Telephone call with the client.
3/28/2018 WPR Telephone call with William Rhodes.

0.5

$125.00 Fee

33.33%

$41.67

25%

$

31.25

$

31.25

0.3

$75.00 Fee

33.33%

$25.00

25%

$

18.75

$

18.75

0.2
0.2

$50.00 Fee
$50.00 Fee

33.33%
0.00%

$16.67
$0.00

25%
0%

$
$

12.50
-

$
$

12.50
-

2

$700.00 Fee

33.33%

$233.33

25%

$

175.00

0.3

$75.00 Fee

33.33%

$25.00

25%

$

18.75

$

18.75

2

$500.00 Fee

33.33%

$166.67

25%

$

125.00

2.8

$700.00 Fee

33.33%

$233.33

25%

$

175.00

$

175.00

7.8

$1,950.00 Fee

33.33%

$650.00

25%

$

487.50

0.3

$75.00 Fee

33.33%

$25.00

25%

$

18.75

$

18.75

2

$500.00 Fee

33.33%

$166.67

25%

$

125.00

4.5

$1,125.00 Fee

33.33%

$375.00

25%

$

281.25

$

281.25

1.7

$425.00 Fee

33.33%

$141.67

25%

$

106.25

$

106.25

2.3
0.2

$575.00 Fee
$50.00 Fee

33.33%
33.33%

$191.67
$16.67

25%
25%

$
$

143.75
12.50

$
$

143.75
12.50

1.5

$375.00 Fee

0.00%

$0.00

0%

$

-

$

-

Fee
Fee
Fee
Fee

33.33%
33.33%
33.33%
100.00%

$66.67
$25.00
$333.33
$50.00

25%
25%
25%
100%

$
$
$
$

50.00
18.75
250.00
50.00

$
$
$
$

50.00
18.75
250.00
50.00

2

$500.00 Fee

33.33%

$166.67

25%

$

125.00

$

125.00

0.2
2.5

$50.00 Fee
$625.00 Fee

33.33%
33.33%

$16.67
$208.33

25%
25%

$
$

12.50
156.25

$
$

12.50
156.25

1.8

$450.00 Fee

33.33%

$150.00

25%

$

112.50

$

112.50

0.5
0.3

$125.00 Fee
$75.00 Fee

33.33%
33.33%

$41.67
$25.00

25%
25%

$
$

31.25
18.75

$
$

31.25
18.75

0.2

$50.00 Fee

33.33%

$16.67

25%

$

12.50

$

12.50

0.4

$100.00 Fee

33.33%

$33.33

25%

$

25.00

$

25.00

0.3
0.2

$75.00 Fee
$50.00 Fee

33.33%
33.33%

$25.00
$16.67

25%
25%

$
$

18.75
12.50

$
$

18.75
12.50

0.8
0.3
4
0.2

$200.00
$75.00
$1,000.00
$50.00

680
681
682
683
684
685
686
687
688
689
690
691
692
693
694
695
696
697
698
699
700
701
702
703
704
705
706
707
708
709
710
711
712

713

714
715
716

4/2/2018 WPR Emails with counsel for EMC
Draft and file the confidential settlement
4/3/2018 WPR
memorandum
4/4/2018 WPR Prepare for settlement conference
Travel to and attend settlement conference in
4/4/2018 WPR
Trenton
4/5/2018 WPR Telephone call with the client
Pull, organize and review file in preparation
5/2/2018 WPR
for trial
Emails with all counsel regarding depositions
5/7/2018 WPR
of experts
5/7/2018 WPR Pull file and review the medical expert report
Emails with all parties regarding scheduling of
5/8/2018 WPR deposition of
Marix Expert
5/8/2018 WPR Set up reporter for the deposition
5/8/2018 WPR Begin to prepare for deposition of Expert
5/9/2018 WPR Telephone call with the client
5/10/2018 WPR Emails with all parties
5/10/2018 WPR Email from the client
5/14/2018 WPR Emails with the court reporter
5/14/2018 WPR Telephone call with Kelner
5/14/2018 WPR Emails with all parties
5/14/2018 WPR Emails and phone call with our expert
5/14/2018 WPR Prepare for the deposition of the expert of
Pull research on the net opinion rule and the
5/15/2018 WPR daubert rule for
expert testimony
5/15/2018 WPR Review the scheduling order for trial
Identify exhibits, make copies. Emails with
5/16/2018 WPR court reporter and
all parties
5/16/2018 WPR Continue to prepare for deposition of Morrow
5/17/2018 WPR Email to Kelner with settlement demands
5/17/2018 WPR Final prep for deposition of Morrow
Travel to and attend the deposition of Morrow,
5/17/2018 WPR expert for
Marix
5/18/2018 WPR Review the invoice from the expert for Marix
5/22/2018 WPR Emails to the expert
5/25/2018 WPR Review letter from Sayles
5/25/2018 WPR Telephone call with counsel from EMC
5/29/2018 WPR Telephone call with the client
5/29/2018 WPR Emails with the client
Prepare and send the draft pre‐trial order to the
5/30/2018 WPR Defendants
in the case
Discussion with Will Rubley re: items needed
for pretrial order; prepare jury instructions,
5/30/2018 EAC including general instructions and specific
instructions to RESPA and FDCPA
counts
5/31/2018 WPR Telephone call with the client
5/31/2018 WPR Review and revise the Jury Instructions
5/31/2018 WPR Review the financial statements from the client

0.2

$50.00 Fee

0.00%

$0.00

0%

$

-

$

-

1

$250.00 Fee

33.33%

$83.33

25%

$

62.50

$

62.50

1.5

$375.00 Fee

33.33%

$125.00

25%

$

93.75

$

93.75

5.3

$1,325.00 Fee

33.33%

$441.67

25%

$

331.25

$

331.25

0.3

$75.00 Fee

33.33%

$25.00

25%

$

18.75

$

18.75

4.1

$1,025.00 Fee

33.33%

$341.67

25%

$

256.25

$

256.25

0.2

$50.00 Fee

33.33%

$16.67

25%

$

12.50

$

12.50

1.7

$425.00 Fee

33.33%

$141.67

25%

$

106.25

$

106.25

0.5

$125.00 Fee

0.00%

$0.00

0%

$

-

$

-

Fee
Fee
Fee
Fee
Fee
Fee
Fee
Fee
Fee
Fee

0.00%
0.00%
33.33%
33.33%
33.33%
0.00%
0.00%
33.33%
33.33%
0.00%

$0.00
$0.00
$25.00
$25.00
$16.67
$0.00
$0.00
$16.67
$25.00
$0.00

0%
0%
25%
25%
25%
0%
0%
25%
25%
0%

$
$
$
$
$
$
$
$
$
$

18.75
18.75
12.50
12.50
18.75
-

$
$
$
$
$
$
$
$
$
$

18.75
18.75
12.50
12.50
18.75
-

3

$750.00 Fee

0.00%

$0.00

0%

$

-

$

-

0.3

$75.00 Fee

33.33%

$25.00

25%

$

18.75

$

18.75

1.5

$375.00 Fee

0.00%

$0.00

0%

$

-

$

-

2.7
0.2
1

$675.00 Fee
$50.00 Fee
$250.00 Fee

0.00%
0.00%
0.00%

$0.00
$0.00
$0.00

0%
0%
0%

$
$
$

-

$
$
$

-

5.2

$1,300.00 Fee

0.00%

$0.00

0%

$

-

$

-

0.3
0.2
0.3
0.2
0.2
0.2

$75.00
$50.00
$75.00
$50.00
$50.00
$50.00

Fee
Fee
Fee
Fee
Fee
Fee

0.00%
33.33%
100.00%
0.00%
33.33%
33.33%

$0.00
$16.67
$75.00
$0.00
$16.67
$16.67

0%
25%
100%
0%
25%
25%

$
$
$
$
$
$

12.50
75.00
12.50
12.50

$
$
$
$
$
$

12.50
75.00
12.50
12.50

5.2

$1,300.00 Fee

33.33%

$433.33

25%

$

325.00

$

325.00

4.7

$587.50 Fee

33.33%

$195.83

25%

$

146.88

$

146.88

0.4
1.5
0.6

$100.00 Fee
$375.00 Fee
$150.00 Fee

33.33%
33.33%
33.33%

$33.33
$125.00
$50.00

25%
25%
25%

$
$
$

25.00
93.75
37.50

$
$
$

25.00
93.75
37.50

0.2
2.5
0.3
0.3
0.2
0.2
0.2
0.2
0.3
4

$50.00
$625.00
$75.00
$75.00
$50.00
$50.00
$50.00
$50.00
$75.00
$1,000.00

717

5/31/2018 WPR

718

5/31/2018 WPR

719
720

5/31/2018 WPR
5/31/2018 WPR

721

5/31/2018 EAC

722

6/1/2018 WPR

723

6/7/2018 EAC

724

6/12/2018 EAC

725

6/14/2018 EAC

726

6/14/2018 WPR

727

6/15/2018

728

6/20/2018 EAC

729
730
731
732
733
734

6/21/2018
6/26/2018
6/28/2018
7/1/2018
7/2/2018
7/5/2018

735

7/13/2018 EAC

736

7/19/2018 WPR

737

7/20/2018 WPR

738

7/27/2018 EAC

739
740
741
742

3/15/2012
3/23/2012
4/11/2012
6/13/2012

743

10/9/2012 SMZ

744

10/9/2012 SMZ

745
746
747

1/16/2013 SMZ
3/20/2013 SMZ
4/17/2013 SMZ

MM

EAC
EAC
EAC
EAC
EAC
EAC

SMZ
SMZ
SMZ
SMZ

Emails with all counsel regarding extension of
the deadline to
file joint porposed pre‐trial order. Emails also
concerning the trial deposition of Zucker
Review the financial statements and send the
same to EMC's
counsel
Telephone call with Sayles
Telephone call with Kelner
Prepare voir dire questions and verdict form;
make revisions
to jury instructions; send documents to Will
Rubley for review
Zucker letter to the judge and review the court
order
Prepare report of all time entries since
inception of case and f
Review markup of timesheets from Will
Rubley; make revision
Research re: applying for fees plus enhanced
fees with resepc
Pull research on the enhancement of legal fees
in fee shifting
Research ‐ attorney fee/fee
enhancements/respondent super
Preparation of motion for reasonable attorney's
fees plus enh
Continue preparation of motion for attorney's
Continue preparation of motion for attorneys'
Continue preparation of motion for attorneys'
Continue preparation of motion for attorney's
Continue preparation of motion for attorney's
Continue preparation of motion for attorney's
Telephone call with Will Rubley re motion for
attorneys' fees; continue preparation of motion
and brief and send to Will
Rubley for review.
Initial review of the fee application. Make
revisions.
Final review of the fee application. Emails with
Sayles.
Prepare form of judgment; make final
revisions to brief and update numbers for
motion for attorneys’ fees re Zucker.
Court filing fee for Complaint.
Guaranteed Subpoena fees.
Guaranteed Subpoena fees.
Court fees.
Regular mail postage for service of Second
Amended
Complaint and Exhibits.
Certified mail postage for service of Second
Amended
Complaint and Exhibits.
Postage costs.
Mediation fee.
Fee for request for medical records.

0.3

$75.00 Fee

33.33%

$25.00

25%

$

18.75

$

18.75

0.3

$75.00 Fee

33.33%

$25.00

25%

$

18.75

$

18.75

0.4
0.3

$100.00 Fee
$75.00 Fee

100.00%
0.00%

$100.00
$0.00

100%
0%

$
$

100.00
-

$
$

100.00
-

2.3

$287.50 Fee

33.33%

$95.83

25%

$

71.88

$

71.88

0.2

$50.00 Fee

100.00%

$50.00

100%

$

50.00

$

50.00

0.2

$25.00 Fee

100.00%

$25.00

100%

$

25.00

$

25.00

1.5

$187.50 Fee

100.00%

$187.50

100%

$

187.50

$

187.50

0.7

$87.50 Fee

100.00%

$87.50

100%

$

87.50

$

87.50

1.3

$455.00 Fee

100.00%

$455.00

100%

$

455.00

$

455.00

3.8

$475.00 Fee

50.00%

$237.50

50%

$

237.50

$

237.50

2.4

$480.00 Fee

100.00%

$480.00

100%

$

480.00

$

480.00

1.3
0.3
0.8
1.3
0.5
0.9

$260.00
$60.00
$160.00
$260.00
$100.00
$180.00

Fee
Fee
Fee
Fee
Fee
Fee

100.00%
100.00%
100.00%
100.00%
100.00%
100.00%

$260.00
$60.00
$160.00
$260.00
$100.00
$180.00

100%
100%
100%
100%
100%
100%

$
$
$
$
$
$

260.00
60.00
160.00
260.00
100.00
180.00

$
$
$
$
$
$

260.00
60.00
160.00
260.00
100.00
180.00

2.4

$480.00 Fee

100.00%

$480.00

100%

$

480.00

$

480.00

1

$350.00 Fee

100.00%

$350.00

100%

$

350.00

$

350.00

1

$350.00 Fee

100.00%

$350.00

100%

$

350.00

$

350.00

0.4

$80.00 Fee

100.00%

$80.00

100%

$

80.00

$

80.00

Expense
Expense
Expense
Expense

33.33%
33.33%
33.33%
33.33%

$116.67
$23.32
$43.30
$66.62

25%
25%
25%
25%

$
$
$
$

87.50
17.49
32.48
49.96

$
$
$
$

87.50
17.49
32.48
49.96

Flat Exp

$26.00 Expense

33.33%

$8.67

25%

$

6.50

$

6.50

Flat Exp

$5.30 Expense

33.33%

$1.77

25%

$

1.33

$

1.33

Flat Exp
Flat Exp
Flat Exp

$26.50 Expense
$1,000.00 Expense
$232.37 Expense

33.33%
33.33%
33.33%

$8.83
$333.33
$77.46

25%
25%
25%

$
$
$

6.63
250.00
58.09

$
$
$

6.63
250.00
58.09

Flat Exp
Flat Exp
Flat Exp
Flat Exp

$350.00
$69.95
$129.90
$199.85

748
749
750
751

4/17/2013
1/6/2014
2/7/2014
2/12/2014

752

2/26/2014 SMZ

753
754
755
756
757

3/11/2014
3/18/2014
3/19/2014
4/17/2014
6/13/2014

758

6/20/2014 SMZ

759

6/20/2014 SMZ

760
761
762
763
764
765

6/23/2014
6/23/2014
11/26/2014
11/26/2014
10/9/2015
10/12/2015

SMZ
SMZ
SMZ
SMZ

SMZ
SMZ
SMZ
SMZ
SMZ

SMZ
SMZ
SMZ
SMZ
SMZ
SMZ

766

1/9/2017 WPR

767

5/16/2017 WPR

768

6/4/2018

CW

Fee for copies of medical records.
Payment to Dr. Pasahow.
Transcript fees for 12/19/13 depositions.
Status LLC fees.
Transcript fees for 1/28/14 depositions of
William & Melissa
Rhodes.
Transcript fees for 1/24/2014.
Postage.
Postage.
Transcript fees for 2/19/14.
FedEx expenses.
Copying for service of Opposition to Summary
Judgment
Motions of Zucker and EMC.
Postage for service of Opposition to Summary
Judgment
Motions of Zucker and EMC.
Copying for service of Plaintiff's Reply.
Postage for service of Plaintiff's Reply.
Copying for service of Motion to Reopen
Postage for service of Motion to Reopen Case.
Postage.
Filing fee for Motion to Withdraw Reference.
Filing fee for Motion for Relief from Stay in
Zucker Goldberg
bankruptcy case.
FedEx expenses.
Court reporting/video and transcripts
(Frederick Morrow II)

Expense
Expense
Expense
Expense

33.33%
33.33%
33.33%
33.33%

$21.00
$166.67
$347.17
$78.33

25%
25%
25%
25%

$
$
$
$

15.75
125.00
260.38
58.75

$
$
$
$

15.75
125.00
260.38
58.75

Flat Exp

$913.00 Expense

33.33%

$304.33

25%

$

228.25

$

228.25

Flat Exp
Flat Exp
Flat Exp
Flat Exp
Flat Exp

$834.25
$36.75
$50.07
$660.50
$53.11

Expense
Expense
Expense
Expense
Expense

33.33%
33.33%
33.33%
33.33%
33.33%

$278.08
$12.25
$16.69
$220.17
$17.70

25%
25%
25%
25%
25%

$
$
$
$
$

208.56
9.19
12.52
165.13
13.28

$
$
$
$
$

208.56
9.19
12.52
165.13
13.28

Flat Exp

$137.00 Expense

33.33%

$45.67

25%

$

34.25

$

34.25

Flat Exp

$16.45 Expense

33.33%

$5.48

25%

$

4.11

$

4.11

Flat Exp
Flat Exp
Flat Exp
Flat Exp

$63.00
$500.00
$1,041.50
$235.00

Flat Exp
Flat Exp
Flat Exp
Flat Exp
Flat Exp
Flat Exp

$72.00
$16.45
$27.00
$4.55
$5.95
$176.00

Expense
Expense
Expense
Expense
Expense
Expense

33.33%
33.33%
33.33%
33.33%
33.33%
33.33%

$24.00
$5.48
$9.00
$1.52
$1.98
$58.67

25%
25%
25%
25%
25%
25%

$
$
$
$
$
$

18.00
4.11
6.75
1.14
1.49
44.00

$
$
$
$
$

18.00
4.11
6.75
1.14
1.49

Flat Exp

$181.00 Expense

33.33%

$60.33

25%

$

45.25

$

45.25

Flat Exp

$17.53 Expense

33.33%

$5.84

25%

$

4.38

$

4.38

Flat Exp

$2,228.50 Expense

33.33%

$742.83

25%

$

557.13

$

557.13

Total Expenses
w/ 25% multiplier
(No entries struck)

$

2,327.37

Total Expenses
(w/ entires struck)

$

2,283.37

Total Fees w/ 25%
multiplier (No entries
struck)

$

88,275.63

Total Fees
(w/ entries struck)

$

59,396.88

SUM
(no entries struck)

$

90,603.00

$

61,680.25

769

770

771

772

Totals as calculated by
Plaintiffs in their Moving Fees:
Br.

Expenses:

$102,330.83

$3,103.16

ADJUSTED
TOTAL