Schoolcraft v. The City Of New York et al

Filing 636

DECLARATION of Nathaniel B. SMith in Support re: 559 MOTION for Attorney Fees , Costs and Disbursements.. Document filed by Adrian Schoolcraft. (Smith, Nathaniel)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
-------------------------------------------------------x
ADRIAN SCHOOLCRAFT,

10-cv-6005 (RWS)

Plaintiff,
SUPPLEMENTAL
AFFIRMATION OF
NATHANIEL B.
SMITH
-vCITY OF NEW YORK, et al.,
Defendants.
-------------------------------------------------------X
Nathaniel B. Smith, being an attorney admitted to practice law in
this State and before this Court, hereby states and declares under the
penalties of perjury that the foregoing is true and correct:
1. As one of the attorneys for the plaintiff in the abovereferenced action, I am submitting this affirmation in further support of
the plaintiff’s application for reasonable attorneys’ fees, costs, and
expenses of this action.
2. Attached hereto is revised chart reflecting the fees and
expenses being sought by the “Smith group,” as defined in the motion

papers. The only substantive modification to the chart that I submitted
with my reply declaration was to update the fees sought to include a
request for “fees on fees” for 106 hours of additional time that I billed in
this action since filing the initial motion for fees on December 16, 2015.
In addition, I am attaching my time records reflecting those hours. The
time entries were made me personally into an internet-based software
program know as “Time59,” which I have been using since the beginning
of this year. The entries are regularly made by me at the time the work
was done or at the end of the work day, and these records are made, kept
and maintained by me as a regular part of my practice.
Dated: May 12, 2016
LAW OFFICE OF
NATHANIEL B.SMITH
s/NBS
_______________________
Nathaniel B. Smith
Attorney for Plaintiff
100 Wall Street – 23rd Floor
New York, New York 10006
[phone]

Smith Group Adjusted Billing Chart
Attorney Total Hours Cost of Substitution Law Enforcement

Hourly Rate

Adjusted Hours

Adjusted Bill

Smith

2217.51 54.5

16.95

$575

2146.05

$1,233,978.70

Lenoir

1281

6.25

13.13

$575

1261.62

$706,481.502

Bauza3

1287

18.5

0

$150

1268.5

$190,275.00

Suckle

108.9

0

0

$575

108.9

$62,617.50

McCutcheon 23.38

0

0

$250

23.38

$5,845.00

Paralegals 442.18

0

0

$125

442.18

$55,272.50

Expenses

$135,235.75

Fees on Fees4 106.00
Total

$575

$60,950.00

$2,459,655.90

1

This reflects an adjustment from 2,246 hours downward by 28.5 hours to 2217.5
hours to account for a 50% hourly rate reduction for 57 hours of travel time.
2
As noted in Lenoir’s reply declaration, he has agreed to reduce his hourly rate to
$475 for 189.5 hours second seating the depositions in this case, thereby reducing his
bill $18,950 from $725,431.50 to $706,481.50.
3
Ms. Bauza is a law graduate.
4
Based on accompanying billing statement attached as Smith Supplemental Exhibit 1.

Law Office of Nathaniel B. Smith
100 WALL STREET - 23rd Floor
NEW YORK, NY 10005
PHONE: [phone] FAX: [phone]

INVOICE

INVOICE NUMBER: 1
INVOICE DATE: MAY 11, 2016

Schoolcraft

DATE

PROJECT

JAN-12-16

DESCRIPTION

HOURS

RATE

AMOUNT

Fee Application Review of discovery demands by City on fee
application

0.20

$575.00

$115.00

JAN-13-16

Fee Application Review of draft letter on city's discovery request
and email to team on comments to it

0.40

$575.00

$230.00

JAN-15-16

Fee Application Review caselaw and revise letter to Alan
Scheiner re recent discovery demands from the
City

1.50

$575.00

$862.50

JAN-29-16

Fee Application review of letter (.3); tc A Schiener; tc JN

1.50

$575.00

$862.50

JAN-30-16

Fee Application review of caselaw on ltr motion by city re fee
app

1.50

$575.00

$862.50

FEB-05-16

Fee Application Review of letter to court from city (.2); tc JN and
JL re response (.3); review and revise draft
response by GC (.3)

0.80

$575.00

$460.00

FEB-10-16

Fee Application Tc JN; tc JL; Tc RG; tc MB re appearance before
Judge Sweet tomorrow

1.10

$575.00

$632.50

FEB-10-16

Fee Application Review of nine letters and cited authorities and
review of prior declarations for motion on
discovery and contemporaneous enties

3.50

$575.00

$2,012.50

FEB-11-16

Fee Application Appear before Judge Sweet on discovery motion
on fee application

1.80

$575.00

$1,035.00

FEB-25-16

Fee Application review of discovery decision and tc with JN, GC
and JF re same and to-do re settlement
conference

0.50

$575.00

$287.50

MAR-01-16 Fee Application Drafting ltr in opp to motion for third
adjournment;; email co-co; tc GC and JF

1.80

$575.00

$1,035.00

MAR-02-16 Fee Application revised ltr to court re adjourment request and
settlement conf

0.30

$575.00

$172.50

MAR-02-16 Fee Application Conf call with MJ Freeman re settlement

1.50

$575.00

$862.50

MAR-03-16 Fee Application tc alan schiener re $1.0 m total officer including
expenses for all lawyers; conf with JL; email to
AS confirming same

0.60

$575.00

$345.00

MAR-07-16 Fee Application Review of settlement proposal from City (.2); tc
JL re response (.3); tc MB re response (.3); tc JF
re response (.5); email City re same (.1)

1.40

$575.00

$805.00

Page 1 of 3

INVOICE NUMBER: 1

DATE

PROJECT

DESCRIPTION

HOURS

RATE

AMOUNT

MAR-08-16 Fee Application Tc A Schiener re settlement discussions (.4); tc
GC and w JL re same (.5); review of caselaw
cited (.6)

1.50

$575.00

$862.50

MAR-09-16 Fee Application review of cases cited by city (1.0); conf call with
SMith Team (JL and MB re sttauts and
settlement position)

2.50

$575.00

$1,437.50

MAR-10-16 Fee Application review of cases cited by city and research on
intertwining issue

1.50

$575.00

$862.50

MAR-11-16 Fee Application Conf with team (HS, MB & JL) (1.0); conf call
with the court re settlement (.8)

1.80

$575.00

$1,035.00

MAR-17-16 Fee Application review of draft settlement letter

0.50

$575.00

$287.50

MAR-18-16 Fee Application Drafting settlement letter to MJ Freeman;
review of relevant cases on intertwining issue;
two attorney issue and reasonable rates

2.80

$575.00

$1,610.00

MAR-20-16 Fee Application Draft settlement letter, review co-co Ltrs

1.30

$575.00

$747.50

MAR-21-16 Fee Application Revise settlement Ltr, review submissions by
city as well as exhibits

2.00

$575.00

$1,150.00

MAR-22-16 Fee Application Appear before MJ Freeman for settlement
conference

4.30

$575.00

$2,472.50

MAR-29-16 Fee Application Conf call with MF Freeman re settlement; city
opp due 4-8-16

0.20

$575.00

$115.00

APR-04-16

Fee Application tc JN and JF re recent city offer and review of
same

0.30

$575.00

$172.50

APR-05-16

Fee Application Tc Smith Team re CIty offer (.5); tc JF re same
(.4); email with city re brief sizes (.1)

1.00

$575.00

$575.00

APR-10-16

Fee Application Conference with team (.5) and drafting motion
to strike expert report

3.50

$575.00

$2,012.50

APR-11-16

Fee Application Review of materials on city expert; revise
motion to strike; conference with co-counsel re
motion to strike

1.50

$575.00

$862.50

APR-12-16

Fee Application Read city brief in opposition to motion for fees
and expert report in support of fees, together
with supporting authorities and other exhibits
(6.5); emails with opp co and with co-co re
briefing schedule and oral argument/hearing
schedule (.6)

7.10

$575.00

$4,082.50

APR-13-16

Fee Application continued review of expert report (2.5); emails
with co-co and opp co re scheduling (.3); ltr to
court re same (.2)

3.00

$575.00

$1,725.00

APR-14-16

Fee Application review of submissions by Bronsther in three
other cases and review of objections and record
in those cases (2.8); tc counsel in two of those
cases (E. Boynton and J Heintz) (.5) and (.2

3.50

$575.00

$2,012.50

APR-19-16

Fee Application research on expert issues and fee application
issues for reply papers (1.2); review of
correspondence and court papers for scope of
case and identified witnesses (.8);
correspondence by email with opp co and co-co
re scheduling (.2)

2.20

$575.00

$1,265.00

Page 2 of 3

INVOICE NUMBER: 1

DATE

PROJECT

APR-19-16

DESCRIPTION

HOURS

RATE

AMOUNT

Fee Application review of opp papers for preparing reply (1.2); tc
JL & MB re reply declaration (.4); tc HS re relpy
dec (.3); review of cases cited by city (.7)

2.60

$575.00

$1,495.00

APR-24-16

Fee Application Drafting reply papers (declaration and memo)

3.80

$575.00

$2,185.00

APR-25-16

Fee Application Drafting reply dec and review of discover record

5.50

$575.00

$3,162.50

APR-26-16

Fee Application Drafting reply dec and reply memo; and review
of HS and Jl reply decs

7.50

$575.00

$4,312.50

APR-27-16

Fee Application Drafting and revising reply memo and reply
declaration

6.50

$575.00

$3,737.50

APR-28-16

Fee Application revising reply dec and reply mem

7.50

$575.00

$4,312.50

APR-29-16

Fee Application Revising memo and dec

3.50

$575.00

$2,012.50

MAY-03-16 Fee Application Draft letter to court re opposing adjournemnt
and tc JF re same (.4); reviiew of brief filed by
city on motion to strike (.4)

0.80

$575.00

$460.00

MAY-07-16 Fee Application Preparing outline of reply on motion to strike
and research on expert admissibility issues
under FRE 702 and 1006

2.80

$575.00

$1,610.00

MAY-09-16 Fee Application Drafting reply on motion to strike

5.80

$575.00

$3,335.00

MAY-10-16 Fee Application revise reply on motion to strike

0.80

$575.00

$460.00

Total hours for this invoice
Total amount of this invoice

Page 3 of 3

106.00
$60,950.00