Filing 96

RESPONSE in Opposition re 88 Brief, 87 Affidavit, 89 Certificate of Service, 86 MOTION for Partial Summary Judgment (Governmental Immunity) filed by RYAN MCFADYEN, MATTHEW WILSON, BRECK ARCHER. Replies due by 12/12/2008. (Attachments: # 1 Affidavit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18 Exhibit, # 19 Exhibit)(EKSTRAND, ROBERT)

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EXHIBIT 2 Page 1 of 1 Published: Sep 23, 2008 05:10 PM Modified: Sep 23, 2008 05:12 PM Legal bills from lacrosse case top $1M BY ANNE BLYTHE, staff writer Comment on this story DURHAM -- The legal bills from the lawyers defending the city against the three lawsuits sparked by the Duke lacrosse case have topped the $1-million mark. By the end of August, the five law firms involved in the city's defense had submitted bills totaling $1.2 million -- nearly 60 percent of which has been covered by Durham taxpayers. Kimberly Grantham, assistant city attorney, said the city has sought $229,350 in reimbursements from the American International Group, the company that owns the insurer the city was under contract with in 2006 when the Duke lacrosse case started. Under the insurance contract, the city was responsible for the first $500,000 and then the insurer would pick up the next $5 million. Grantham said Tuesday that all five firms -- Faison & Gillespie, Poyner & Spruill; Kennon Carver Belo Craig & McKee; Maxwell Freeman & Bowman and Troutman Sanders -- are providing their services at below-market rate. The $1.2 million sum does not include any charges from Steptoe & Johnson, the law firm in Washington that AIG brought in to lead the defense team. The firm's bills go directly to AIG and does not count against the city's $5 million cap. The city is battling lawsuits brought by three different groups of lacrosse players. Dave Evans, Collin Finnerty and Reade Seligmann, the three who were charged and then exonerated with the rare declaration of innocence by the state attorney general, filed suit nearly a year ago in October. The three have claimed that the city was part of a malicious prosecution that left them fighting rape and sexual assault charges for 13 months despite a lack of physical evidence and numerous flaws with the accuser's shifting story. The exonerated players offered to settle with the city last year for a reported $30 million. City officials declined. Another suit was filed in December by three unindicted players, claiming infliction of emotional distress and fraud. In February, 36 other unindicted players filed suit, making similar fraud and distress claims. or (919) 932-8741 Get $150+ in coupons in every Sunday N&O. Click here for convenient home delivery. Copyright 2008, The News & Observer Publishing Company A subsidiary of The McClatchy Company 11/24/2008

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