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

Case 1:03-cv-01973-PSF-MJW

Document 190-3

Filed 12/05/2005

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EXHIBIT B

EXHIBIT B

Case 1:03-cv-01973-PSF-MJW

Document 190-3

Filed 12/05/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 03-CV-1973-PSF-MJW (Consolidated with 04-CV-02112-PSF-MJW) THE WALKER GROUP, INC., Plaintiff, v. FIRST LAYER COMMUNICATIONS, INC. and J.E.H. KNUTSON, Defendants.

AFFIDAVIT OF JOSHUA MAXIMON IN SUPPORT OF APPLICATION FOR ATTORNEYS' FEES

I, Joshua Maximon, being first duly sworn, hereby depose and say: 1. I am an attorney at law licensed to practice in the state of Colorado since 2002.

I am one of the attorneys of record for plaintiff The Walker Group, Inc. in this matter. I am presently engaged in the private practice of law at the Maximon Law Firm, LLC. My current practice focuses on civil and criminal litigation. 2. I worked at several large law firms after graduating cum laude from New York

University Law School in 1998. I worked at Debevoise & Plimpton, an international litigation and transactional law firm in New York City and am qualified to practice in the State of New York. I also worked at Freshfields Bruckhaus Deringer an international law firm in London, and I am also qualified to practice law as a solicitor in England and Wales. Before starting my own firm, I worked as a litigation associate at the Denver law firm of Brownstein, Hyatt & Farber.

Case 1:03-cv-01973-PSF-MJW

Document 190-3

Filed 12/05/2005

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3.

In addition to the above firm experience, I was a law clerk for the Honorable

Zita L. Weinshienk in the United States District Court for the District of Colorado. 4. I have expended not less than 575 hours through October 31, 2005, in

connection with this particular matter. My firm participated as local counsel from the filing of the complaint, through discovery motions, and in the trial of this case. The time spent on behalf of the plaintiff was reasonably necessary for adequate representation in this matter. 5. With respect to the daily business time records included in Exhibit A, the

billing statement dated February 23, 2005 does not include a detailed list of work performed in January 2005. Such details are included on the remainder of the invoices. Because of a computer system crash, my firm is unable to retrieve the original invoice that included a description of the work performed. The February 23, 2005 billing statement does, however, include a figure that represents the total amount billed for legal services and costs in January 2005. If the Court requires further explanation, I will be happy to answer any questions regarding the computer failure or the general nature of the work performed. 6. From the inception of this case, my rate was $175 per hour, which has

remained the same throughout this entire matter. 7. My rates are at or below the rates charged by other attorneys and paralegals in

the Denver community with similar experience and background in representing clients in matters of this nature. Likewise, the rates of the Kilpatrick Stockton attorneys are at or below the rates charged by other attorneys and paralegals in the Denver community with similar experience and background in representing clients in matters of this nature.

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Case 1:03-cv-01973-PSF-MJW

Document 190-3

Filed 12/05/2005

Page 4 of 5

Case 1:03-cv-01973-PSF-MJW

Document 190-3

Filed 12/05/2005

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO CERTIFICATE OF SERVICE (CM/ECF) I hereby certify that on December 5, 2005, I electronically filed the foregoing AFFIDAVIT OF JOSHUA MAXIMON IN SUPPORT OF APPLICATION FOR ATTORNEYS' FEES with the Clerk of Court using the CM/ECF system which will send notification of such filing to the following email addresses: [email protected] [email protected], and I hereby certify that I have mailed or served the document or paper to the following non CM/ECF participants by first class mail addressed as follows: none. s/ Richard S. Gottlieb Richard S. Gottlieb Attorney for Plaintiff Walker Group, Inc. Kilpatrick Stockton LLP 1001 West Fourth Street Winston-Salem, North Carolina 27101-2400 Telephone: (336) 607-7300 [email protected]
02560-207219 9048894.2