Free Motion for Attorney Fees - District Court of Federal Claims - federal

Case 1:97-cv-00381-FMA

Document 261-2

Filed 06/06/2005

Page 1 of 5

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

FRANCONIA ASSOCIATES, a Limited Partnership, et al., Plaintiffs, v. THE UNITED STATES, Defendant. File No. 97-381C Judge Francis M. Allegra

ATTACHMENTS TO MOTION FOR ATTORNEYS' FEES, EXPENSES AND COSTS UNDER THE EQUAL ACCESS TO JUSTICE ACT __________________________________________________________________

Jeff H. Eckland Mark J. Blando, Of Counsel ECKLAND & BLANDO LLP 700 Lumber Exchange 10 South Fifth Street Minneapolis, Minnesota 55402 Telephone: (612) 305-4444 Facsimile: (612) 305-4439

Case 1:97-cv-00381-FMA

Document 261-2

Filed 06/06/2005

Page 2 of 5

INDEX TO ATTACHMENTS

Affidavit of Jeff H. Eckland, with exhibits .......................................................... Affidavit of Thomas Costello, with exhibits ........................................................ Affidavit of Marilyn Graham, with exhibits ......................................................... Affidavit of David Hodges, with exhibits............................................................. Affidavit of James Levy, with exhibits................................................................. Affidavit of George Morosani, with exhibits........................................................ Affidavit of Phoebe J. Perri, with exhibits ........................................................... Affidavit of Donald Stordahl, with exhibits ......................................................... Affidavit of David Tucker, with exhibits.............................................................. Affidavit of Brian Wells , with exhibits................................................................

A B C D E F G H I J

Case 1:97-cv-00381-FMA

Document 261-2

Filed 06/06/2005

Page 3 of 5

Case 1:97-cv-00381-FMA

Document 261-2

Filed 06/06/2005

Page 4 of 5

4.

In calculating the total number of billable hours recoverable in this action,

I excluded all time that was (a) attributable to work done on behalf of the five plaintiffs in this action whose claims were dismissed, (b) attributable to the one plaintiff (Franconia Associates) whose claims have not yet reached final judgment, (c) all time fairly allocable to marketing efforts, and (d) time spent traveling while not performing work. 5. In arriving at the total dollars claimed for fees, I applied the $125 billing

rate permitted by EAJA as adjusted by the appropriate Cost of Living Adjustment. 6. The total amount of fees recoverable under EAJA in this action, as shown

on the fee detail attached hereto as Exhibit A, is $1,879,785. (Based on the standard hourly rates for the attorneys and staff involved, the actual amount of fees totals $3,182,112.) 7. The costs and expenses incurred in connection with the action are

allocated among a group of plaintiffs in several related lawsuits pending in the United States Court of Federal Claims in which I am the attorney of record. In preparing this claim, I have taken care to ensure that the cost and expenses sought herein are only those that are fairly and reasonably allocable to the prevailing parties in the Franconia action. 8. For all expenses that were directly attributed to one particular action, I

included only the expenses actually incurred in the Franconia case. For expenses that could not clearly be allocated to one particular case (such as undesignated photocopying, mailing, and telephone charges), I attributed only a percentage of the costs based on the size of the Franconia case in relation to the other related matters. 9. The total amount of costs and expenses recoverable under EAJA, as

shown on the cost and expenses detail attached hereto as Exhibit B, is $1,196,457.

Case 1:97-cv-00381-FMA

Document 261-2

Filed 06/06/2005

Page 5 of 5