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

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

Document 190-2

Filed 12/05/2005

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EXHIBIT A

EXHIBIT A

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

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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 RICHARD S. GOTTLIEB IN SUPPORT OF APPLICATION FOR ATTORNEYS' FEES

I, Richard S. Gottlieb, being first duly sworn, hereby depose and say: 1. I am an attorney at law licensed to practice in the state of North Carolina

(North Carolina State Bar No. 23131) since 1996. 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 as a partner with the law firm of Kilpatrick Stockton LLP in Winston-Salem, Forsyth County, North Carolina. 2. Kilpatrick Stockton is an international law firm with offices in the United

States, London and Stockholm. Kilpatrick Stockton's litigation department has experience in all forms of litigation and regularly appears in state and federal court throughout the United States. 3. I have been a member in good standing of the Bar of the state of North

Carolina since 1996. I am admitted to practice before all federal and state courts in North

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Carolina, as well as the United States District Court for the District of Colorado, the Fourth Circuit and Eleventh Circuit Courts of Appeals and the United States Supreme Court. My practice primarily focuses on business litigation, with a special emphasis in complex commercial, trade secret and class action litigation. 4. I am presently Vice President of the 21st Judicial District and Forsyth County

Bar Association. I am the immediate past Chairperson of the 21st Judicial District Ethics and Grievance Committee, from 2003 to 2004. I am also a member of the North Carolina Bar Association's Litigation Section. 5. I have participated in planning and presenting various Continuing Legal

Education programs and I have written articles on law issues for statewide publication. For the past several years, I have served on the faculty of Wake Forest University's Continuing Legal Education seminar, The Annual Review. commercial litigation and ethics. 6. Kilpatrick Stockton has represented Walker Group and its subsidiary My presentation topics have related to

company, Walker & Associates, Inc. for at least the past 15 years and is, for all practical purposes, its outside general counsel. Kilpatrick Stockton represented Walker Group in the drafting and negotiating of the Promissory Note and personal guaranties that eventually came to underlie the disputes in this case. 7. Since October, 2003, I and other timekeepers have expended not less than

1400 hours through October 31, 2005 in connection with this particular matter. My firm participated as national 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. 8. I was the primary Kilpatrick Stockton attorney working on this matter.

However, others in my firm substantially contributed to the legal services provided to the plaintiff. In particular, two associates, Kristin M. Major and Laura A. Greer, have also been considerably involved in this matter. Ms. Major (North Carolina State Bar No. 24430) has

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been licensed to practice in North Carolina since 1997, and was an associate with Kilpatrick Stockton from July 2000 to July 2004. Ms. Major's practice focused on business litigation in both state and federal courts, and she clerked for the United States Court of Federal Claims. Following Ms. Major's departure in July 2004, Laura Greer became the primary associate on this case. Ms. Greer (North Carolina State Bar No. 31555) has been licensed to practice in North Carolina since 2003 and has been an associate with Kilpatrick Stockton since September 2003. Her litigation practice consists primarily of insurance matters and business litigation. She is a member of the North Carolina Bar Association and the North Carolina Association of Defense Attorney, and has had an article published in the National Law Journal. 9. In addition to Ms. Major, Ms. Greer and myself, a number of Kilpatrick

Stockton associates assisted in doing research necessary for the prosecution and defense of discovery motions, pretrial motions, motions in limine, and other services related to preparing for trial. Their hours are also detailed on the time records submitted with Walker Group's Application for Attorneys' Fees and Costs. 10. When Walker Group initially retained Kilpatrick Stockton in this matter in

2003, my rate was $250 per hour. On December 1, 2003, that rate increased to $295 per hour. On December 1, 2004, the rate increased to $310 per hour, which is my present rate for this matter. Ms. Major's rate for the duration of her involvement in this matter was $235 per hour. Ms. Greer's initial rate was $165 per hour. On December 1, 2004, her rate increased to $190 per hour, which is her present rate for this matter. 11. The hourly rates charged by all time keepers on this matter are at or below the

rates charged by other attorneys and paralegals in the Winton-Salem community with similar experience and background in representing clients in matters of this nature. It is my

understanding from a review of various sources that these rates are at or below the rates charged by similar sized law firms in the Denver community.

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This the

_____

day ofDecember, ~

Richard S. Gottlieb

Sworn to and subscribed before me this the 5~~' of VCLv~~' day ,2005.

My Commission Expires:

r~OFF~ALSEAL( Notary Public, North Carolina COUNTVOFGU~LFORD (j
My Commission Expires January13 2010

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