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

Case 1:03-cv-02474-WYD-PAC

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Filed 02/28/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 03-CV-02474-WYD-PAC CHARLOTTE SCHNEIDER and DEAN WYMER, Plaintiffs, v. LANDVEST CORPORATION, a Kansas corporation, And DAVID MASON, individually Defendants.

AFFIDAVIT OF IAN D. KALMANOWITZ FOR ATTORNEYS' FEES

I, Ian D. Kalmanowitz, being duly sworn state: 1. I am an attorney in the law firm of Cornish & Dell'Olio and co-counsel in the

above-captioned case. 2. I graduated from the University of Colorado School of Law in May, 2000. I

became licensed to practice law in the State of Colorado and the United States District Court for the District of Colorado in 2000 and have practiced law in Colorado Springs since then. 3. My practice has been almost exclusively devoted to the litigation of employment

matters, including trials in both federal and state courts and proceedings in federal and state administrative agencies, such as the Merit Systems Protection Board, Colorado State Personnel Board, and U.S. Equal Employment Opportunity Commission. -1-

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4.

I have experience litigating Fair Labor Standards Act claims on behalf of

plaintiffs. 5. 6. My current hourly rate is $200. I performed the following work in this case:

Date 3/23/2004

Task Review Motion to Amend and Amended Complaint - edit.

Hours

Dollars

1.10

$220.00

3/29/2004

Research for response to motion for judgment on pleadings. 3.40 Work on response to motion for judgment on pleadings. Finished/filed brief in response to motion for judgment on the pleadings. Reviewed/edited Reply to Opposition to Notify Class. Review/Edit Motion to Compel. Research discovery issue re: impeachment affidavits. Review file re: discovery of affidavits/need for motion to compel. Phone calls with Stacia Boden re: motion to compel and motion for one day extension to file motion to compel. Research on disclosure of work product; Draft motion to compel.

$680.00

3/30/2004

2.60

$520.00

3/31/2004

2.90

$580.00

5/3/2004

1.00 0.80

$200.00 $160.00

5/4/2004 9/22/2004

0.50

$100.00

9/28/2004

1.00

$200.00

9/29/2004

0.50

$100.00

2.10 2.50

$420.00 $500.00

10/15/2004 Work on preparation of exhibits. -2-

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11/30/2004 Preparation for and argue Motion to Compel. 12/17/2004 Review correspondence from Rupe re: witness interviews. 9/22/2005 Copy CD with exhibits; Review judges's trial procedures re: showing exhibits; review copies CD; call to clerk. Review exhibits #1-42 9/23/2005 1.5: Travel time to Denver - Courthouse; .6: Pretrial preparation - practice use of court room tech for exhibits. Trial preparation.

1.00

$200.00

0.30

$60.00

0.30

$60.00

1.20 2.10

$240.00 $420.00

9/24/2005 9/25/2005

8.50

$1,700.00

Trial preparation - prepare cross examination of defendant's manager witnesses. 8.50 1.5: Travel to Denver; 8.0: Trial 1.5: Prepare for Day 2 of trial. 8.0: Trial; 1.0: Prepare for following day. Trial. Review payroll records to determine ID of managers working Iliff site in the month after Charlotte and Dean left. Review affidavit's received from Boden. Work on Motion in Limine to exclude Fisher's testimony; E-file same; Complete and file revised findings of fact and conclusions of law. Preparation for cross-examination of witnesses; Trial. -311.00

$1,700.00 $2,200.00

9/26/2005

9/27/2005

9.00

$1,800.00

9/28/2005 9/29/2005

8.00

$1,600.00

0.50

$100.00

10/3/2005 10/4/2005

0.50

$100.00

5.60

$1,120.00

10/5/2005

9.00

$1,800.00

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10/6/2005

Complete trial.

5.50

$1,100.00

10/25/2005 Review defendant's proposed findings of fact and conclusions of law; Discuss defendant's estoppel argument with Donna. 10/27/2005 Research on judicial estoppel as applied to SSDI cases.

0.50

$100.00

2.80

$560.00

11/10/2005 Phone call with Charlotte re: defendant's response to motion to supplement findings of fact and SSDI issues. 1/10/2006 Review defendant's filings - proposed findings re: social security and brief re: damages calculations. Review correspondence from Rupe re: brief on damages. Review Judge Daniel's Findings of Fact and Conclusions of Law; Review Judgment. TOTAL: 7.

0.50

$100.00

0.50

$100.00

1/12/2006

0.10

$20.00

2/10/2006

1.00 94.80

$200.00 $18,960.00

For travel time, my normal practice is to bill my normal hourly rate for one way of

travel. As shown in the time records above, I charged for my travel to Denver from Colorado Springs for pre-trial preparation regarding the court room technology and on the first day of the trial, September 26, 2005. 8. I have reviewed the time records, and am of the opinion that the time I spent

working on this matter was appropriate and necessary. 9. It is my opinion that, based on the criteria of reasonableness for fees set forth in

Rule 1.5 of the Colorado Rules of Professional Conduct and the lodestar formula, that

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time referenced above was reasonably expended.

s/ Ian D. Kalmanowitz Ian D. Kalmanowitz, #32379 Cornish & Dell'Olio 431 N. Cascade Avenue, Suite 1 Colorado Springs, CO 80903 Telephone: (719) 475-1204 FAX: (719) 475-1264 E-mail: [email protected] Attorneys for Plaintiffs

STATE OF COLORADO COUNTY OF EL PASO

) ) )

SS.

Subscribed and sworn to before me on the

day of February, 2006.

Notary Public My commission expires :_____________

CERTIFICATE OF SERVICE I hereby certify that on this 28th day of February, 2006, I electronically filed the foregoing Affidavit of Ian Kalmanowitz with the Clerk of Court using CM/ECF system which will send notification of such filing to the following e-mail addresses: Alan Rupe Stacia G. Boden Heather Davis [email protected] [email protected] [email protected]

s/Esther Kumma Abramson Esther Kumma Abramson

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