Free Motion for Attorney Fees - District Court of Colorado - Colorado

Case 1:00-cv-02325-MSK-MEH

Document 315-4

Filed 04/27/2006

Page 1 of 5

D O N H. S H E R W O O D Attorney at Law 10861 West 28th Place Denver, Colorado 80215 Telephone (303) 233-0335 or (303) 916-7726 (Cell) Facsimile (303) 237-4180 eMail: [email protected] Statement Date: March 7, 2006 For fees from April 1, 2002, through April 30, 2003 Billing Account No. 224.02 Golden Cycle Gold Corporation 1515 South Tejon Street, Suite 201 Colorado Springs, Colorado 80906 Attention: Mr. R. Herbert Hampton President and Chief Executive Officer Re: Defense of Suits Brought Against the Corporation by the Sierra Club and the Mineral Policy Council in the United States District Court for the District of Colorado (Nos. 00-MK-2325 and 01-MK-2307) For: Representation of the Corporation by Mr. Sherwood in the litigation, with particular attention to such matters as may require pleadings, discovery, evidence, and witnesses separate from those of the owner and operator, but without increasing the cost of the litigation except as may be necessary to prevent liability to the Corporation separate from or jointly with the other defendants as to such liability as may be determined to exist as against the Joint Venture entity owning the property and against the other defendant corporations conducting for the benefit of that entity operations upon that property.
PREVIOUS BALANCE BILLED BY ALFERS & CARVER, LLC PREVIOUS BALANCE BILLED BY CARVER & KIRCHHOFF, LLC

$ 28,423.67 4,734.43 ___________ $ 33,158.10

FEES FOR SERVICES BILLED AT $ 235.00 HOURLY:

4/ 8/02 Case I: Considered the Plaintiffs' second notice of intention to sue with respect to the Cripple Creek & Victor company Arequa Gulch
THIS STATEMENT IS DUE UPON RECEIPT AND DOES NOT INCLUDE FEES OR DISBURSEMENTS AFTER THE STATEMENT-THROUGH DATE

Case 1:00-cv-02325-MSK-MEH

Document 315-4

Filed 04/27/2006

Page 2 of 5

permit 4/11/02 Case II: Noted Order denying Plaintiffs leave to file surreply 4/13/02 Cases I & II: Reviewed supplemental legal authority referred to by the Plaintiffs concerning the amended Memorandum and Opinion in the El Paso Gold case (No. 01-PC-2163). 4/22/02: Case I: Work with office associate in responding to the Plaintiffs' fourth Notice of Intention to Sue 4/24/02 Case II: Noted Order regarding Rule 34 inspection 5/ 9/02 Case I: Attention to the Plaintiffs' First Amended Complaint adding two new causes of action and assigned specific work with respect thereto to Ms. Carmody 5/16/02 Case II: Joined in AngloGold Defendants' Rule 34 response 5/20/02 Case I: Work with Ms. Carmody on motions for leave to amend and supplement motion to dismiss and related matters 5/29/02 Case II: Considered Plaintiffs' reply to Rule 34 inspection responses 5/31/02 Case II: Read the Magistrate Judge's Order concerning Rule 34 inspection 6/28/02 Case I: Read and approved Ms. Carmondy's motion and brief in support thereof joining AngloGold's motion to dismiss the Plaintiffs' first amended complaint 7/31/02 Case I: Considered the Plaintiffs' consolidated response in opposition to the motions to dismiss the first amended complaint 8/15/02 Case I: Read and approved Ms. Carmody's reply brief in support of motion to dismiss first amended complaint 8/28/02 Case I: Assumed Ms. Carmody's role upon her departure from the firm and reviewed all of her research and collected documents pertaining thereto

0.4 0.0

94.00 0.00

1.1

258.50

0.3 0.0

70.50 0.00

0.9 0.1 0.4

211.50 23.50 94.00

0.2

47.00

0.1

23.50

0.1

23.50

1.1

258.50

0.1

23.50

0.0

0.00

THIS STATEMENT IS DUE UPON RECEIPT AND DOES NOT INCLUDE FEES OR DISBURSEMENTS AFTER THE STATEMENT-THROUGH DATE

Case 1:00-cv-02325-MSK-MEH

Document 315-4

Filed 04/27/2006

Page 3 of 5

D O N H. S H E R W O O D

PAGE 3.

10/10/02 Cases I & II: Noted Ms. Carmody's unopposed motions to withdraw 10/14/02 Case I: Attention to the Plaintiffs' second notice of supplemental evidence 11/25/02 Cases I & II: Considered Order denying motions to dismiss 12/ 9/02 Cases I & II: Moved unsuccessfully in Case I for an extension of time to answer amended complaint and successfully in for an extension of time to answer the complaint 12/19-20/02 Cases I & II: Consulted with the AngloGold defendants and prepared and filed Golden Cycle's Answers to the original complaint in Case I and to the complaint in Case II 1/17/03 Cases I & II: Prepared, served and filed notice of the change of the name of Alfers & Carver, LLC, to Carver & Kirchhoff, LLC 1/29/03 Case II: Noted Minute Order scheduling pretrial conference on October 27, 2003 1/31/03 Case II: Read AngloGold Defendants' first amended answer 2/17/03 Case I: Considered AngloGold pleadings seeking dismissal of first amended complaint 3/ 3/03 Case I: Considered and joined AngloGold in seeking summary judgment as to the first ten causes of actions in the Amended Complaint

0.0

0.00

0.1 0.5

23.50 117.50

0.4

94.00

2.4

564.00

0.0

0.00

0.1 0.9

23.50 211.50

0.7

164.50

0.5 3/ 4/03 Case I: Read Plaintiffs' response to the first notice of supplemental evidence

117.50

0.1

23.50

THIS STATEMENT IS DUE UPON RECEIPT AND DOES NOT INCLUDE FEES OR DISBURSEMENTS AFTER THE STATEMENT-THROUGH DATE

Case 1:00-cv-02325-MSK-MEH

Document 315-4

Filed 04/27/2006

Page 4 of 5

D O N H. S H E R W O O D 3/24/03 Case I: Considered Plaintiffs' first notice of supplemental authority supporting their consolidated response in opposition to Defendants' motion to dismiss first amended complaint 3/28/03 Case I: Reviewed detailed Order regarding pending motions 3/31/03 Case II: Considered Plaintiffs' first requests to Defendants, and particularly to Golden Cycle for production of documents 4/3-5 & 8/03 Case I: Consulted with AngloGold defendants and prepared Golden Cycle's Answer to the First Amended Complaint 4/10/03 Case II: Consulted with AngloGold defendants and prepared and filed Reply Brief in support of motion for summary judgment on first ten causes of action in the amended complaint 4/14/03 Case II: Considered and consulted with AngloGold defendants regarding the Plaintiffs' motion for leave to file first amended complaint 4/17/03 Case II: Joined with other defendants and prepared and filed all Defendant's response in opposition to Plaintiffs' motion for leave to file first amended complaint 4/21/03 Case II: Joined with all other parties in joint motion to amend scheduling order

PAGE 4.

0.2 1.0

47.00 235.00

0.3

70.50

3.4

799.00

0.5

117.50

0.7

164.50

0.8

188.00

0.1

23.50

4/30/03 Case II: Noted Order by Magistrate Judge granting and amending the scheduling order as requested by all parties 0.1 23.50 ________ __________ TOTAL FEES FOR THIS PERIOD 17.6 4,136.00 DISBURSEMENTS TOTAL CURRENT DISBURSEMENTS TOTAL CURRENT FEES AND DISBURSEMENTS CLIENT PAYMENTS AND CREDITS
THIS STATEMENT IS DUE UPON RECEIPT AND DOES NOT INCLUDE FEES OR DISBURSEMENTS AFTER THE STATEMENT-THROUGH DATE

None ___________ $ 0.00 ___________ $ 4,136.00

Case 1:00-cv-02325-MSK-MEH

Document 315-4

Filed 04/27/2006

Page 5 of 5

D O N H. S H E R W O O D

PAGE 5.

Payments to Alfers & Carver, LLC Payments to Carver & Kirchhoff, LLC TOTAL CLIENT PAYMENTS AND CREDITS TOTAL DUE NET OF PAYMENTS AND CREDITS

28,423.67 4,734.43 ___________ $ 33,158.10 ___________ $ 4,136.00

THIS STATEMENT IS DUE UPON RECEIPT AND DOES NOT INCLUDE FEES OR DISBURSEMENTS AFTER THE STATEMENT-THROUGH DATE