Schoolcraft v. The City Of New York et al

Filing 644

MOTION for Reconsideration . Document filed by Adrian Schoolcraft. (Attachments: # 1 Affidavit, # 2 Exhibit Exh. 1 - Chart of Hours, # 3 Exhibit Exh. 2 - Expert Report Excerpts, # 4 Exhibit Exh. 3 - City Proposed Rates Chart)(Smith, Nathaniel)

EXHIBIT 2

Audit of the Reasonableness of the Hours Expended and Expenses Incurred by Jon
Norinsberg, Esq., Gerald Cohen, Esq., Joshua Fitch, Esq., John Meehan, Esq., Nicole Burzstyn,
Nathaniel Smith, Esq. , John Lenoir, Esq., Howard Suckle, Esq., James McCutcheon, Esq.,
Magdalena Bauza, Lysia Smejila, Jeannette Lenoir, Jeremy Smith, Harvey Levine, Esq., Peter
Gleason, Esq., Richard Gilbert, Esq. in connection with the action entitled Adrian Schoolcraft v
The City of New York, Jamaica Hospital Medical Center, Dr. Isak Isakov and Dr. Lillian
Aldana-Bernier

April 8, 2016

Summary Judgment Motions
Six (6) Motions for Summary Judgment were filed, one (1) by the City, one
(1) by Mauriello, one (1) by the Plaintiff and three (3) by the Medical Defendants.
In connection with these various summary judgment motions, the Smith Group
and the Norinsberg Group billed over 863 hours. Almost 37% of the time (320
hours) was too vague to determine which summary judgment motion the time
related to. Not only do the vague time records obscure potential duplication in
effort, but they obviate the ability to properly allocate all of the time spent on the
Medical Defendants’ summary judgment motions.
Nonetheless, when the time journals were specific enough to ascertain
which motion the Smith Group and the Norinsberg Group were working on, it
became evident that there was a great deal of duplication in effort between the
two (2) groups and within each group.
Depositions
Excluding deposition digesting discussed above, the Smith Group billed
an aggregate of 1,182.516 hours and the Norinsberg Group billed an aggregate
of 240.507 hours in connection with 41 deposition sessions (34 deponents).8
Thirty-eight of the 41 deposition sessions were attended by multiple attorneys,
with three (3) being attended by three (3) timekeepers. ASI notes that not only
did multiple attorneys attend and prepare for these depositions, but multiple (and
often different) attorneys reviewed the deposition transcripts. By way of
comparison, the City had multiple attorneys at only two (2) sessions of the
Schoolcraft deposition and the Lauterborn deposition.
Trial Preparations
The Smith Group billed 470.72 hours and the Norinsberg Group billed
1,440.87 hours in connection with trial preparations. The Norinsberg Group
seems to have taken the lead of the Litigation during the trial phase, being
responsible for almost all of the examination outlines, leaving primary
responsibility for only the Eterno direct examination, the jury instructions and the
JPTO with the Smith Group. Nonetheless, in ASI’s opinion, there was a great
deal of duplication in effort between the two groups and within each group.

6 Included in this time is 260.50 hours of time relating to depositions that was vague or related to
general deposition issues.
7 Included in this time is 56.20 hours of time relating to depositions that was vague or related to
general deposition issues.
8 ASI has excluded depositions that related entirely to the Medical Defendants i.e., Dhar, Maffia,
Halpren-Ruder and Lubit, but notes that all of the issues that ASI has identified as unreasonable
(e.g. duplication in effort and excessive amount of time) was equally present in these depositions.
10

d) Depositions
Excluding deposition digesting discussed above, the Smith Group billed
an aggregate of 1,182.5145 hours and the Norinsberg Group billed an aggregate
of 240.5046 hours in connection with the following 34 deponents.47

Deponent
Schoolcraft, Adrian
Schoolcraft, Adrian
Schoolcraft, Adrian
Marino, Michael
Marino, Michael
Lauterborn, Theodore
Caughey, Timothy
Schoolcraft, Larry
Mauriello, Steven
Mauriello, Steven
Boston, Curtis
Huffman, Rasheena
Hanlon, Elise (Lt.)
Lamstein-Reiss,

Date

Length of
Deposition

10/11/2012

8.60

9/26/2013

9.00

9/27/2013

8.30

10/8/2013

8.70

10/18/2013

8.50

11/7/2013

9.00

12/9/2013

8.40

12/11/2013

8.50

12/20/2013

9.30

7/1/2014

8.70

1/6/2014

2.60

1/6/2014

3.60

1/13/2014

7.50

1/30/2014

9.50

Attending
Deposition
for Plaintiff
Norinsberg,
Cohen,
Smith,
Lenoir
Smith,
Lenoir
Smith,
Lenoir
Smith
Lenoir
Smith,
Lenoir,
Smith,
Lenoir,
Lenoir,
Bauza
Smith,
Lenoir,
Smith,
Lenoir,
Smith,
Lenoir,
Smith,
Lenoir,
Smith,
Lenoir,
Smith,

Attending
Deposition
for City
Mettham
Smith
Mettham,
Shaffer
Mettham
Mettham

Aggregate
Hours Billed
by Plaintiff’s
Attorneys
48
137.75

59.67

Mettham
Mettham,
Shaffer
Shaffer

62.75

Shaffer

39.70

Mettham

131.67

32.58

Mettham
Mettham

29.07

Mettham

30.60

Shaffer

31.08

Mettham

49.85

45 Included in this time is 260.50 hours of time relating to depositions that was vague or related
to general deposition issues.
46 Included in this time is 56.20 hours of time relating to depositions that was vague or related to
general deposition issues.
47 ASI has excluded depositions that related entirely to the Medical Defendants i.e, Dhar, Maffia,
Halpren-Ruder and Lubit., but notes that all of the issues that ASI has identified as unreasonable
(e.g. duplication in effort and excessive amount of time) was equally present in these depositions.
48 An additional 112.25 hours were spent preparing Adrian Schoolcraft for depositions at various
client meetings.
86

Deponent

Date

Length of
Deposition

Catherine (MD)
Aldana-Bernier, Lilian
(Dr.)
Isakov, Isak
Trainor, Timothy (Lt.
Gough, William
Sawyer, Frederick
Duncan, Kurt
Duncan, Kurt
James, Shantel (PO)
Marquez, Jessica
(EMT)
Sangeniti, Salvatore
(EMT)
Weiss, Steven (Sgt)
Ferrara, Joseph
Broschart, Christopher
Lwin, Khin Mar (MD)
Whalen, Bernard
Whittman, David
Purpi, Michael (Sgt)
Purpi, Michael (Sgt)
Valenti, Dominik (Lt)
Finnegan, Kevin
Milone, William (Sgt.)
Cooper, Alan
Patel, Indira (MD)

2/11/2014

8.00

2/12/2014

5.50

4/10/2014

7.30

4/11/2014

6.10

4/25/2014

4.40

4/28/2014

7.10

6/23/2014

1.70

5/12/2014

4.00

5/14/2014

6.60

5/15/2014

4.00

5/29/2014
6/5/2014

5.30
6.70

6/18/2014

6.10

7/3/2014

1.20

7/15/2014

.80

7/15/2014

1.40

7/16/2014

1.80

9/19/2014

1.10

7/16/2014

1.00

7/17/2014

2.10

7/17/2014

1.50

7/24/2014
7/25/2014

4.70
1.30
87

Attending
Deposition
for Plaintiff
Lenoir
Bauza,
Smith,
Lenoir,
Suckle,
Smith,
Lenoir,
Suckle
Smith,
Lenoir,
Smith,
Lenoir,
Smith,
Lenoir,
Smith,
Lenoir,
Smith,
Lenoir,
Smith,
Lenoir,
Smith,
Lenoir,
Smith,
Lenoir,
Smith,
Smith,
Lenoir,
Smith,
Lenoir,
Smith,
Lenoir,
Smith,
Lenoir,
Smith,
Lenoir,
Smith,
Lenoir,
Smith,
Lenoir,
Smith,
Lenoir,
Smith,
Lenoir,
Smith,
Lenoir,
Smith,
Smith

Attending
Deposition
for City

Aggregate
Hours Billed
by Plaintiff’s
Attorneys

Shaffer

90.15

Shaffer

37.36

Mettham

19.45

Mettham

28.85

Mettham

21.70

Shaffer

46.75

Shaffer
Mettham

21.10

Mettham

16.40

Mettham

10.25

Shaffer
Mettham

21.55
33.10

Mettham

22.00

Mettham

10.20

Mettham

3.75

Mettham

Too vague to
calculate
15.35

Shaffer
Shaffer
Shaffer

12.10

Shaffer

2.40

Shaffer

Too Vague to
calculate
7.50
12.10

Mettham
Mettham

Deponent

Length of
Deposition

Date

Patel, Indira (MD)
Carrasco, Edward
Eterno, John A.
Silverman, Eli B (PhD)

10/31/2014
9/19/2014

1.20
.70

10/17/2014

8.40

10/24/2014

9.30

Attending
Deposition
for Plaintiff
Smith,
Smith,
Lenoir,
Smith,
Lenoir,
Smith,
Lenoir,

Attending
Deposition
for City
Seligman
Shaffer

Aggregate
Hours Billed
by Plaintiff’s
Attorneys
6.88

Mettham

34.70

Mettham

27.95

As the chart above indicates 38 of the 41 deposition sessions were
attended by multiple attorneys, with three (3) being attended by three (3)
timekeepers. ASI notes that not only did multiple attorneys attend and prepare for
these depositions, but multiple (and often different) attorneys reviewed the
deposition transcripts. By way of comparison, the City had multiple attorneys at
only two (2) sessions of the Schoolcraft deposition and the Lauterborn
deposition.
Set forth below are details regarding a few of the depositions. ASI notes
that the pattern of duplication in effort and other inefficiencies were present in all
of the depositions, with the exception of the Cooper deposition, where 7.5 hours
were devoted by Mr. Smith.
i) Duncan Deposition
The Norinsberg Group and the Smith Group billed over 46 hours in
connection with the Duncan depositions, which were held on April 28, 2014 and
June 23, 2014 and lasted an aggregate of 8.80 hours.
The time was allocated as follows:
Norinsberg Group
Norinsberg
Cohen
Fitch

Hours
.20
.20
8.50
8.90

Smith Group
N. Smith
J. Lenoir

22.35
15.50
37.85
46.75

As the following time journals reveal, both Mr. Lenoir and Mr. Smith
prepared for and attended the Duncan deposition, and then Mr. Fitch and Mr.
Cohen reviewed and/or discussed the transcript:
88