Free Motion for Leave - District Court of Colorado - Colorado

Case 1:04-cv-01258-LTB-BNB

Document 162-2

Filed 12/27/2005

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STUDENT MARKETING GROUP, INC. v. COLLEGE PARTNERSHIP, INC., f/k/a COLLEGE BOUND STUDENT ALLIANCE, INC.,

EXHIBIT A TO STUDENT MARKETING GROUP, INC.'S UNOPPOSED MOTION FOR LEAVE TO FILE SUPPLEMENTAL AFFIDAVITS IN SUPPORT OF PLAINTIFF'S MOTION FOR APPROVAL AND AWARD OF FEES

_______________
EXHIBIT 1:04-cv-01258-LTB-BNB

Case 1:04-cv-01258-LTB-BNB

Document 162-2

Filed 12/27/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 1:04-cv-1258-LTB-BNB STUDENT MARKETING GROUP, INC., Plaintiff, v. COLLEGE PARTNERSHIP, INC., f/k/a COLLEGE BOUND STUDENT ALLIANCE, INC., Defendant. AFFIDAVIT OF PATRICK J. McELHINNY IN RESPONSE TO COLLEGE PARTNERSHIP, INC.'S SURREPLY TO PLAINTIFF'S MOTION FOR APPROVAL AND AWARD OF FEES Commonwealth of Pennsylvania County of Allegheny ) ) )

ss:

I, Patrick J. McElhinny, being duly sworn according to law, declare as follows: 1. I am a partner at the law firm of Kirkpatrick & Lockhart Nicholson

Graham LLP ("K&LNG"). I have personal knowledge of the facts set forth in this Affidavit and, if called upon to do so, could testify to those facts. 2. I submit this affidavit in support of SMG's claim for costs, expenses and

attorney fees incurred in this matter. 3. As described in my previous affidavits, SMG's billing arrangement with

K&LNG is based on the number of hours spent by K&LNG timekeepers, plus all costs and expenses.

Case 1:04-cv-01258-LTB-BNB

Document 162-2

Filed 12/27/2005

Page 3 of 3

4.

By way of its Motion for Approval and Award of Fees, SMG is seeking

$279,547.06 which represents $255,373.40 in attorney fees and $24,173.66 in costs that SMG has incurred in this matter. 5. SMG has paid to K&LNG the full amount of fees and expenses billed by

K&LNG that SMG seeks to recover by way of its Motion for Approval and Award of Fees. Sworn to and subscribed before me this 23rd day of December, 2005. s/Tricia A. Long _____________________________ Notary Public My Commission Expires: April 8, 2006 Dated: December 23, 2005 s/Patrick J. McElhinny _______________________________ Patrick J. McElhinny