EXHIBIT "A" LUMBERMENS MUTUAL CASUALTY COMPANY'S OBJECTIONS TO PLAINTIFFS' MOTION FOR ATTORNEYS' FEES 1. Failure to state the time devoted to each unrelated task (i.e., block billing). Local Rule 54.2(e)(1)(B) ("The itemized statement for legal service shall reflect, . . . the time devoted to each individual unrelated task performed on such day.") 2. Fees for work occurring prior to the opposing party's pre-trial settlement offer will be excluded by the court. If a written settlement offer is rejected and the judgment finally obtained is equal to or more favorable to the offeror than an offer made in writing to settle any contested action arising out of a contract, the offeror is deemed to be the successful party from the date of the offer and the court may award the successful party reasonable attorney fees. Arizona Statute § 12341.01(A) (emphasis added). Also, see Greenawalt v. Sun City West Fire District, 2006 WL 1663540 (D. Ariz. 2006). 3. Inadequate description of service provided. Local Rule 54.2(e)(2) ("The party seeking an award of fees must adequately describe the services rendered so that the reasonableness of the charge can be evaluated. . . If the time descriptions are incomplete or if such descriptions fail to adequately describe the service rendered, the court may reduce the award accordingly.") Shaffer v. State of Arizona Citizens Clean Election Commission, 2006 WL 1371613 (D. Ariz. 2006) 4. Failure to identify reason for phone call. Local Rule 54.2(e)(2)(A) "Telephone Conferences. This time entry must identify all participants and the reason for the telephone call." 5. Failure to identify all participants in phone conference. See preceding cite to Local Rule 54.2(e)(2)(A).
Case 2:04-cv-00662-DGC
-1Document 187-4
Filed 04/27/2007
Page 1 of 63
6.
Failure to identify the paper or other document prepared. Local Rule 54.2(e)(2)(C) ("Preparation of Pleadings And Other Papers. This time entry must identify the pleading, paper or other document prepared and the activities associated with its preparation."
7.
Failure to identify the activities associated with preparation of a document. See preceding cite to Local Rule 54.2(e)(2)(C).
8.
The time billed was duplicated in whole or in part by one or more persons and/or was billed for communications between plaintiffs' attorneys. Phoenix Central v. Dean Witter Reynolds, Inc., 768 F.Supp. 702 (D. Ariz. 1991) (No attorney fees may be awarded for any time that was not "reasonably expended".) J.P. Morgan Chase Bank v. The Tamarack Capital, LLC, 2005 WL 2653672 (D. Ariz. 2005).
9.
Failure to identify person performing service. Local Rule 54.2(e)(1)(D) ("The itemized statement for legal services rendered shall reflect. . . the identity of the attorney, paralegal, or other person performing such service.")
10.
Failure to identify the specific legal issue researched. Local Rule 54.2(e)(2)(B) ("Legal Research. This time entry must identify the specific legal issue researched and, if appropriate, should identify the pleading or document the preparation of which occasioned the conduct of the research. Time entries simply stating 'research' or 'legal research' are inadequate and the court may reduce the award accordingly.")
11.
Failure to identify the pleadings or documents that occasioned the legal research. See preceding cite to Local Rule 54.2(e)(2)(B).
12.
Travel time. Local Rule 54.2(e)(2)(D) ("Travel Time. Ordinarily air travel should not be charged. If services were performed during such time, then describe such services rather than charging for the travel time.")
Case 2:04-cv-00662-DGC
-2Document 187-4
Filed 04/27/2007
Page 2 of 63
13.
Time spent by plaintiffs' attorneys to become admitted pro hac vice in the United States District Court for Arizona. The requested fees were not related to the prosecution of any of plaintiffs' claims against LMC in this action, or to plaintiffs' opposition to LMC's defenses and/or counterclaim in this action.
14.
Time spent on evaluating and/or preparing plaintiffs' claim against Aon and/or preparing suit papers to be filed against Aon. (See explanation for objection 14.)
15.
Time spent evaluating and/or pursuing claims against insurers other than LMC. (See explanation for objection 14.)
16.
Time spent regarding correspondence to and/or from plaintiffs' auditors. (See explanation for objection 14.)
17.
Time spent in preparing and litigating plaintiffs' motion for attorneys' fees and/or time spent in preparing and litigating plaintiffs' bill of costs. True Center, supra. (Fees incurred in litigating an attorney fee motion will be reduced when the party seeking fees has not been successful in obtaining all the fees it requested.)
Case 2:04-cv-00662-DGC
-3Document 187-4
Filed 04/27/2007
Page 3 of 63
Date
2/1/04
2/2/04
2/2/04
2/3/04
2/3/04
2/5/04
2/6/04
2/9/04
Time billed by plaintiffs' counsel (Rubin, Fiorella) Review and revision of proposed 3.70 complaint - 2 further drafts; prepare memorandum re further actions to take; completion of review of documents and materials received from Steve Walraven re history of coverage issues between Kemper and RWIC. Review and revision of pleading final; 2.25 conference with Fragner; report to client; telephone call with client and local counsel; review additional materials from Courtney; correspondence to client re further handling Review documents re Fernandez claim; 4.70 draft, review and revise complaint and discuss with B. Friedman; review documents re Nelson claim. Conference/meeting with Fragner re 0.70 outline of strategic report to client re litigation game plan; review client comments re complaint; telephone conversation with Courtney Robbins. Review e-mails from clients re comments 1.00 on complaint; revise complaint; telephone call with local counsel re complaint; interoffice conference re further actions to be taken with B. Friedman; telephone call with Holly Reed; telephone call with Courtney Robbins. Review and analysis of proposed 1.50 complaint as revised by local counsel; various telephone conversations with local counsel re finalizing and filing of complaint; e-mail to client. Telephone call with client; e-mail to local 0.25 counsel; review correspondence from local counsel. Review and revision of report to client re 0.50 recommended strategy for further handling commence revisions;
Description
Amount of Time Entry
LMC Objections
LMC Requested Reduction or Deletion All
2,202.50
1,2,3
731.25
1,2,3,4,5, 6, 7, 8, 9
All
1,527.50
1, 2, 3, 7, 8
All
227.50
1, 2, 3, 4
All
325.00
1, 2, 3, 4, All 5, 7, 8
487.50
1, 2, 3, 5, All 7, 8
81.25
1, 2, 3, 4, All 5, 8 1, 2, 3, 7, 8 All
162.50
Case 2:04-cv-00662-DGC
-4Document 187-4
Filed 04/27/2007
Page 4 of 63
2/10/04
2/10/04
2/11/04 2/11/04
3/2/04
3/3/04
3/17/04
4/5/04
4/6/04 4/15/04
4/15/06
4/16/04
4/19/04
conference with Fragner. Review and revision of report to client; conference with Fragner re supplementing litigation game plan Interoffice conference with Bruce Friedman; revise report to client re litigation strategy and agenda, issues and status. Review and revision of strategic report to client continuing. Further development and revision of report to client re litigation status, strategy and agenda. Interoffice conference with Friedman re further actions to be taken; review e-mail to client re same. Correspondence to client re paying additional legal fees in Fernandez litigation; review e-mail from Amoroso; conference with Fragner Telephone call with client re status; conference with Fragner re status; review correspondence from local counsel re service and request for extension from Lumbermens. Review e-mail from local counsel re LMC removal of action; send responsive e-mail; discuss removal with Friedman Exchange e-mails with local counsel re LMC time to answer complaint Correspondence to client; commence review of Lumbermens' answer with affirmative defenses and counterclaims. Prepare pro hac vice applications for BMF, MSF; t/c w/Southern District of New York re: certificates of good standing; t/c with District court of Arizona re: requirements for admission; draft correspondence to Southern District of New York court; draft correspondence to District of Arizona court, etc. Review LMC answer and counterclaim; research time for reply; e-mail to local counsel re same and check status of pro hac vice motions. Review amended complaint; review order
3.60
1,170.00
1, 2, 3, 7, 8
All
3.50
1,137.50
1, 2, 3, 7, 8
All
1.00 3.20
325.00 1,040.00
1, 2, 3, 7 1, 2, 3, 7
All All
0.20
65.00
1, 2, 3, 8
All
0.50
162.50
1,2, 3, 8
All
0.20
65.00
1, 2, 3, 5, 8
All
0.40
130.00
1, 2, 8
All
0.30 0.60
97.50 195.00
1, 2, 8 1, 2, 3
All All
3.40
561.00
1, 2, 13
All
1.00
325.00
1, 2, 3, 8
All
3.90
1,267.50
1, 2, 3, 8
All
Case 2:04-cv-00662-DGC
-5Document 187-4
Filed 04/27/2007
Page 5 of 63
4/20/04 4/21/04 4/22/04
4/26/04
4/28/04
4/29/04
4/30/04 5/3/04
5/3/04
5/4/04
setting case management conference and related scheduling matters; review letter from local counsel re LMC payment under Nelson funding agreement; review Fed.R.Civ.P. requirements for disclosure of documents, case management meet and confer and case management report. E-mail to/from local counsel re scheduling order. Telephone call with local counsel, e-mail to/from local counsel re scheduling. Conference call with local counsel re further actions to be taken re reply to counterclaim, pretrial matters, research Fed.R.Civ.P. re pretrial time limitations and requirements. Review requirements for case management report and initial disclosures, outline issues to be discussed at meet and confer. E-mails and telephone calls to/from local counsel re scheduling of meet and confer and other pretrial scheduling and submissions. Exchange of e-mails with local counsel re scheduling of meet and confer and preparation of case management report. Outline reply to counterclaim, case management report. Review and revision of proposed case management report; conference with Fragner re strategy for presentation and suggestions for supplementation of report. Draft, review and revise case management report; e-mail and discuss with local counsel; telephone calls re same with local counsel; review LMC answer, affirmative defenses and counterclaims; draft reply to counterclaims; review amended answer, affirmative defenses and counterclaims and compare with prior pleading; discuss time to reply with local counsel; discuss strategy for "meet and confer" with local counsel. Further revise case management report; telephone call with local counsel re same;
0.50 0.50 1.80
162.50 162.50 585.00
2, 8 1, 2, 4, 5, 8 1, 2, 8
All All All
1.50
487.50
1, 2, 3
All
0.80
260.00
1, 2, 3, 5, 8
All
0.50
162.50
1, 2, 8
All
0.90 1.75
292.50 568.75
1, 2, 7 1, 2, 7, 8
All All
7.30
2,372.50
1, 2, 3, 4, All 5, 7, 8
2.80
910.00
1, 2, 3, 5, 8
All
Case 2:04-cv-00662-DGC
-6Document 187-4
Filed 04/27/2007
Page 6 of 63
5/6/04 5/6/04
5/13/04
5/14/04 5/17/04 5/21/04 5/26/04
5/26/04 5/27/04
5/27/04
5/28/04 6/3/04 6/4/04 6/8/04
6/9/04
6/10/04
telephone conference call with local counsel and opposing counsel re preparation of case management report. Correspondence to client Various. Review LMC's proposed revisions to joint case management report; further revisions to joint case management report; telephone call with local counsel re same. Telephone call with local counsel re upcoming case management conference and further actions to be taken. Telephone call with local counsel re case management conference. Telephone call with local counsel re further actions to be taken. Review LMC's initial disclosure and review LMC underwriting documents. Preparation of initial disclosures; preparation of report to client re status and further actions to be taken. Organized correspondence docs chronologically and file away. Telephone call with Robbins re status; email to Robbins re Lumbermens gap payment re Nelson. Revise, finalize and send report to client; revise initial disclosures; telephone call with local counsel re same. Review, finalize and send initial disclosures. E-mails to/from local counsel re further actions to be taken. Review counterclaim; preparation of reply to counterclaim. Review amended answer and counterclaims; draft reply to counterclaims. Draft and revise reply to LMC counterclaims; exchange e-mails and telephone conversations with local counsel re same; e-mail reply and comments re same to client Courtney Robbins; e-mail from/to client re documents to be provided. Review local counsel comments re reply to counterclaims; telephone call with local
0.50 1.60
162.50 520.00
1, 2, 3, 7 1, 2, 5, 7, 8
All All
0.30
97.50
2, 3, 4, 5, 8
All
0.20 0.20 0.80 5.80
65.00 65.00 260.00 1,885.00
2, 5, 8
All
1, 2, 3, 4, All 5, 8 1, 2 All 1, 2, 3 All
0.25 0.20
18.75 65.00
2, 3 1, 2
All All
1.50
487.50
1, 2, 3, 5, 8
All
0.90 0.20 1.50 4.50
292.50 65.00 487.50 1,462.50
1, 2 1, 2, 3, 8 1, 2, 3 1, 2
All All All All
4.90
1,592.50
1, 2, 3, 5, 8
All
5.80
1,885.00
1, 2, 3, 5, All 7, 8
Case 2:04-cv-00662-DGC
-7Document 187-4
Filed 04/27/2007
Page 7 of 63
6/11/04
6/11/04
6/17/04
6/21/04
6/22/04
6/23/04 6/24/04 6/30/04
counsel re same; revise reply; e-mail to client; send revised reply to client; letter to local counsel; revise and finalize reply. Finalize reply to counterclaims; exchange e-mails with local counsel re revisions to reply to counterclaims and service and filing of same. Assisted attorney by chronologizing correspondence and filing documents away. Telephone call with Courtney Robbins re status and further actions to be taken; telephone call with local counsel; review e-mail from opposing counsel re proposed second amended answer and counterclaim; review proposed second amended answer and counterclaim; e-mail status report to Courtney Robbins; review further e-mail to Courtney Robbins re opposition to motion for leave to amend to, inter alia, add additional Amerco and U-Haul parties. Interoffice conference with associate re research of addition of parties as counter defendants because released in settlement agreement; review status of research. Review/discuss research re addition of parties to counterclaim where parties are named as releasees in settlement agreement; review Fernandez settlement agreement; review proposed second amended answer and second amended counterclaim; review motion to amend. Review Fernandez settlement agreement. Ordered correspondence documents chronologically and filed away. Comparison of prior answer/counterclaim and proposed amendment; review motion for leave to amend; research re grounds for opposition of amendment, necessary and indispensable parties; review Fernandez settlement agreement and analyze parties' participation; e-mail report to client re further actions to be taken re motion for leave to amend; exchange e-mails with local counsel re
1.90
617.50
1,2, 3, 7, 8
All
0.50
37.50
1, 2, 3
All
3.10
1.007.50
1, 2, 3, 4, All 5, 8
0.40
130.00
1, 2,8
All
2.80
910.00
1, 2
All
0.40 0.50 3.60
130.00 37.50 1,170.00
2 2 1, 2, 3, 5, 8
All All All
Case 2:04-cv-00662-DGC
-8Document 187-4
Filed 04/27/2007
Page 8 of 63
7/1/04 7/1/04
7/6/04
7/7/04
7/19/04
7/20/04
9/8/04
9/10/04 9/13/04
9/24/04
same; telephone call with local counsel re same; review e-mail from client; further email to client re personal jurisdiction issue. Research re: release naming corporate affiliate requires joinder under FRCP 19. Research re: Declaratory judgment actions & non-participants under a disputed insurance coverage action. E-mails to/from Courtney Robbins re broker tolling agreement and discovery; review potential claims vs. broker; emails/telephone calls with local counsel re response to motion to amend, potential jurisdictional issues re addition of Amerco and other U-Haul entities. E-mail to Texas counsel Walraven re Fernandez files; receipt and review of Fernandez files from Walraven; telephone call with Nelson defense counsel re content and production of files; e-mail status update to Courtney Robbins. Review Nelson releases and settlement agreement forwarded by U-Haul counsel in Nelson action. Review client underwriting files; review files re Nelson and Fernandez received from counsel; review issues to be addressed in subpoena of broker; review status of LMC motion for leave to amend; attention to scheduling issues and potential jurisdictional motion. Review order on motion for leave to amend counterclaim to add parties; review status of litigation; telephone call with local counsel; review underwriting files sent by client; communications with client re meeting. Continuing review of underwriting files; conference with Robbins and Friedman. Complete review of client underwriting files; review Fernandez files; review Nelson files; investigate status of service of counterclaim on additional U-Haul entities. Review letter from opposing counsel re
3.40 2.80
561.00 462.00
2, 11 2, 11
All All
1.50
487.50
1, 2, 3, 5, All 8, 14
2.20
715.00
1, 2, 3, 5
All
0.50
162.50
1, 2
All
1.40
455.00
1, 2, 3
All
1.00
325.00
1, 2, 3, 8
All
2.50 1.50
812.50 487.50
1, 2, 3, 8 1, 2, 3
All All
1.00
325.00
1, 2, 3, 7, 8
All
Case 2:04-cv-00662-DGC
-9Document 187-4
Filed 04/27/2007
Page 9 of 63
9/27/04
9/28/04 10/7/04
service of amended counterclaims; emails to/from local counsel re same; draft/revise document description for Aon subpoena. Telephone call with Courtney Robbins re 0.30 status and further actions to be taken; call local counsel re service of subpoena and further actions to be taken. Telephone call with local counsel. 0.20 0.30
97.50
1, 2, 3, 5, 8
All
65.00 97.50
Review letter from opposing counsel re acceptance of service of second amended counterclaim and date for motion/response. 10/22/04 Review status of Aon subpoena; review discovery demands. 10/29/04 Review corporate information for various Amerco and U-Haul companies, review grounds for jurisdictional motion; review client underwriting files; analyze potential addition of Aon as party; analyze discovery to be requested from LMC. 11/1/04 Review LMC discovery demands; ascertain status of Aon compliance with subpoena; review client claim and underwriting files in preliminary preparation for responses; review materials from Texas counsel in Fernandez case; review jurisdictional issue re newly added counter-defendants. 11/3/04 Exchange e-mails with client Cary Hall re status and further actions to be taken; telephone call with local counsel; review file materials in order to ascertain documents and information to be requested from LMC; review potential claim vs. Aon. 11/3/04 Research statute of limitations for actions against a broker, negligence, professional malpractice, breach of contract claim, etc. 11/4/04 Conference telephone call with client re status and further actions to be taken; emails to/from client re status and further actions to be taken in discovery, jurisdictional motion, action vs. Aon; analyze potential claims vs. Aon and accrual of causes of action and statute of
1, 2, 3, 4, All 5, 8 2, 8 All
1.00 1.50
325.00 487.50
1, 2, 3 1, 2, 3, 14
All All
2.50
812.50
1, 2, 3
All
2.10
682.50
1, 2, 4, 5, All 14
1.30
260.00
1. 2, 3, 11, All 14 1, 2, 3, 14 All
1.20
390.00
Case 2:04-cv-00662-DGC
- 10 Document 187-4
Filed 04/27/2007
Page 10 of 63
11/4/04
11/5/04
11/5/04
11/7/04
11/8/04
11/9/04
limitations; review issues of personal jurisdiction over Amerco and certain UHaul signatories to Fernandez settlement. Continuing research AZ law re: statute of limitations on claim against insurance broker, elements of claim for negligence, professional malpractice, breach of contract; parol evidence rule in AZ; criteria for personal jurisdiction. E-mails to/from Cary Hall re status and further actions to be taken re action vs. Aon, discovery; interoffice conference with associate re research re jurisdiction, accrual of action vs. Aon, parol evidence; review discovery demands; review pleadings. Research AZ law re: elements of claim based on ordinary negligence; professional/negligent practice; breach of contract elements; parol evidence; AZ requirements for personal jurisdiction over foreign corporation. Research/draft memorandum of law re: elements of breach of contract, professional negligence, indemnity elements, parol evidence rule in AZ, personal jurisdiction in AZ; further research re: indemnity, negligence, parol evidence. Verify jurisdiction research re GOL and; interoffice conference with associate re same; e-mail to local counsel re status and further actions to be taken; analyze jurisdiction vs. U-Haul, Amerco, etc.; review status of Aon subpoena. Review research memo re claims vs. Aon and accrual of causes of action, jurisdiction; telephone call with local counsel re further actions to be taken; further research re accrual of causes of action; e-mail analysis on accrual and jurisdiction to local counsel; preparation of and send substantive report to client re analysis of accrual of claims vs. broker; email to/from local counsel re discovery scheduling; review client and broker files;
1.00
200.00
1, 2, 3, 11, All 14
3.70
1,202.50
1, 2, 3, 4, All 11, 14
3.50
700.00
1, 2, 3, 11, All 14
2.75
550.00
1, 2, 3, 7, All 11, 14
1.00
325.00
1, 2, 3, 8, All 11
6.60
2,145.00
1, 2, 3, 5, All 8, 11, 14
Case 2:04-cv-00662-DGC
- 11 Document 187-4
Filed 04/27/2007
Page 11 of 63
11/9/04
11/9/04 11/10/04
11/10/04
11/12/04 11/15/04
11/15/04 11/16/04
11/17/04
review discovery demands. Finalize research re: accrual of statute of limitations in negligence, breach of contract, professional negligence, indemnity, def. of damages rule etc. Research re: AZ parol evidence rule in insurance context. Review e-mail from client re further actions to be taken and analysis re jurisdiction over Amerco and U-Haul companies and claims vs. Aon; report to client re status, jurisdiction; research parol evidence; draft, review, revise and finalize tolling agreement with Aon. Research parol evidence & insurance disputes in AZ; oral contracts, written contracts, etc. Exchange e-mails with Cary Hall re Aon tolling agreement. Review e-mail from Cary Hall re discovery, status and further actions to be taken; e-mail to Cary Hall re discovery, status and further actions to be taken; review underwriting and claims files for responses to discovery requests; review and analyze issue of personal jurisdiction over Amerco and certain U-Haul entities. Research re: AZ broker cases/professional negligence, etc. Analyze correspondence between parties re positions re coverage; e-mails to/from Cary Hall re status, discovery, jurisdiction and further actions to be taken; e-mail from opposing counsel re scheduling of reply to counterclaims and discovery; review second amended counterclaim; comparison of second amended counterclaim to original and first amended counterclaim; review Holly Reed memo re coverage of LAE/indemnity. Review initial disclosures and client files; numerous e-mails to/from Cary Hall re further actions to be taken in discovery and potential motion to dismiss counterclaim against certain U-Haul defendants; forward initial disclosures to
3.60
720.00
1, 2, 3, 11, All 14
1.70 9.10
340.00 2,957.50
1, 2, 11, 14
All
1, 2, 3, 7, All 11, 14
4.80
960.00
1, 2, 7, 14
All
0.20 5.50
65.00 1,787.50
2, 3, 14 1, 2, 3
All All
2.20 6.20
440.00 2, 015.00
2, 11, 14 1, 2, 3
All All
7.20
2,340.00
1, 2, 3
All
Case 2:04-cv-00662-DGC
- 12 Document 187-4
Filed 04/27/2007
Page 12 of 63
11/18/04
11/19/04
11/22/04
11/23/04
11/24/04
11/29/04
Hall. Draft, review and revise reply to second amended counterclaim; exchanges of emails with Hall re further actions to be taken. E-mail status update to local counsel re further actions to be taken; review, revise reply to second amended counterclaims and e-mail to client, local counsel; e-mails to/from Hall re further actions to be taken. E-mails to/from C. Hall re depositions of U-Haul and Repwest 30(b)(6) witnesses; e-mails to/from opposing counsel, client re Aon depositions; conference call with C. Hall re status and further actions to be taken, revise reply to second amended counterclaim; commence drafting responses and objections to interrogatories and document requests; e-mails to/from C. Hall re reply to second amended counterclaim; e-mails to/from C. Hall re status and discovery. E-mails to/from opposing counsel re status of Aon custodial deposition and production of documents; e-mails to/from counsel re good faith settlement discussions; e-mails to/from client re status and discovery; continue to draft answers to interrogatories and responses to document requests. Numerous e-mails to/from opposing counsel re discovery and scheduling; numerous e-mails to/from C. Hall re same; e-mail to opposing counsel re identification and scheduling of 30(b)(6) witnesses and objections to categories of questions to be asked; e-mails to/from opposing counsel re scheduling of good faith settlement conference; review motion to extend deadline; e-mails to/from C. Hall re same. E-mails to/from local counsel re further actions to be taken; continue to draft answers and objections to interrogatories; draft responses and objections to notice to produce documents; review and analysis
9.00
2,925.00
1, 2, 3, 7
All
5.40
1,755.00
1, 2, 3, 8
All
7.80
2,535.00
1, 2, 3, 7
All
6.60
2,145.00
1, 2, 3, 7, All 14
8.80
2,860.00
1, 2, 3, 7
All
9.00
2,925.00
1, 2, 7, 14
All
Case 2:04-cv-00662-DGC
- 13 Document 187-4
Filed 04/27/2007
Page 13 of 63
of Aon document production (4110 pages). 11/30/04 Continuing review and analysis of Aon document production; review, revise discovery responses and send to client, local counsel for review; e-mails and discussions with local counsel re technical revisions to reply to second amended counterclaim; telephone call with opposing counsel re scheduling of depositions; e-mails to/from client re same; exchange of e-mails with client re revisions to answers to interrogatories. 12/1/04 Review, revise and finalize interrogatory answers and responses and objections to notice to produce; finalize reply to second amended counterclaim; e-mails to/from client re discovery responses and verification; e-mails to/from local counsel re same; telephone calls with opposing counsel re scheduling of depositions; review, analyze and index broker document production; review client files for document production. 12/2/04 Continued review of Aon document production; continue compiling and organizing documents in response to LMC notice to produce. 12/3/04 E-mails from/to Cary Hall re 30(b)(6) witnesses; e-mails from/to Cary Hall re conference call with Steve Taub re Fernandez claim; complete review of Aon document production; digest same and send to Cary Hall. 12/6/04 E-mails to/from Cary Hall re discovery, depositions and document production; telephone conference call with Messrs. Hall and Taub re Fernandez claim and appropriate witness for 30(b)(6) deposition; e-mails to/from opposing counsel re deposition scheduling. 12/7/04 E-mails to/from local counsel re Aon depositions; e-mails to/from opposing counsel re scheduling of depositions; emails to/from Cary Hall re status of depositions.
9.50
3,087.50
1, 2, 3, 7, All 8, 14
7.50
2,437.50
1, 2, 3, 8, All 14
3.80
1,235.00
1, 2, 3, 14
All
2.90
942.50
1, 2, 3, 14
All
0.75
243.75
1, 2, 3, 4
All
0.40
130.00
1, 2, 3, 5
All
Case 2:04-cv-00662-DGC
- 14 Document 187-4
Filed 04/27/2007
Page 14 of 63
12/7/04 12/8/04
12/10/04 12/13/04
12/14/06
12/15/04
12/16/04
12/17/04
12/20/04 12/21/04 12/23/04
1/3/05
1/4/05 1/4/05
1/5/05
Reviewed production returned from Perfect Copy. Review letter from opposing counsel re scheduling of depositions and send to Cary Hall. E-mails to/from opposing counsel re scheduling of depositions. Draft and revise interrogatories to LMC; draft and revise document requests to LMC; draft and revise deposition notices to LMC. Revise interrogatories, document requests and deposition notices and send to local counsel and client. E-mails to/from local counsel and client re revisions to interrogatories, document requests and deposition notices; revise and finalize discovery requests. E-mails to/from opposing counsel re scheduling of depositions and subjects for deposition of LMC 30(b)(6) witnesses; emails to/from local counsel re completion and service of discovery demands. E-mails to/from opposing counsel re status and scheduling of depositions; emails to/from client re same. E-mails to/from Cary Hall re scheduling of depositions. Document/file organization E-mail to client re scheduling of depositions; e-mail from opposing counsel re scheduling of depositions; e-mail in response to opposing counsel re same. Review e-mails from opposing counsel re scheduling of depositions; exchange emails with client Hall; telephone call with client Hall. Prepare deposition preparation notebooks for upcoming depositions; letter to client. Create/assemble exhibit binders; prepare materials to be shipped out via Federal Express. Telephone calls with Hall re further actions to be taken in litigation, Aon tolling agreement; telephone call with Aon counsel re Aon depositions, proposed
0.50 0.10
37.50 32.50
2, 3 1, 2
All All
0.20 6.40
65.00 2,080.00
2 1, 2, 7
All All
1.80
585.00
1, 2, 3, 7, 8
All
1.80
585.00
1, 2, 3, 7, 8
All
0.50
162.50
1, 2, 3
All
0.30
97.50
1, 2,3
All
0.20 1.00 0.50
65.00 75.00 162.50
1, 2 1, 2, 3 1, 2
All All All
0.60
195.00
1, 2 3, 4
All
1.00 1.80
325.00 135.00
1, 2, 3, 7 1, 2, 3, 7
All All
2.10
682.50
1, 2, 3, 5, All 14
Case 2:04-cv-00662-DGC
- 15 Document 187-4
Filed 04/27/2007
Page 15 of 63
1/6/05
1/7/05
1/7/05 1/9/05
1/10/05
tolling agreement; fax tolling agreement and LMC documents to Aon counsel; review LMC binders, other key documents from Aon document production. Telephone call with Cary Hall re status, upcoming depositions and discussions with Aon; e-mails to/from local counsel re objections to LMC 30(b)(6) deposition topics; telephone call with Aon re tolling agreement and depositions; preparation for upcoming depositions. Review LMC motion to quash deposition notices of Linda Eickert, Augie Vega; email to client, local counsel re same; email to opposing counsel re depositions of U-Haul/Repwest, LMC depositions, motion to quash, scheduling and status; conference telephone call with Aon's Shoffner and Mizrachi, telephone call with client Hall re same; e-mail re same; e-mails from client in response to prior emails re depositions and motion to quash; responsive e-mail to client; review Aon files; LMC initial disclosures and policies in preparation for upcoming depositions; draft objections to LMC 30(b)(6) deposition notices; review LMC response to objections to 30(b)(6) deposition notices; review Aon files re reinsurance of RU99 and RUMM policies and possible effect on issue of whether policy is expense within or without limits. Review/analyze emergency motion re: depositions, etc. Travel from NY to Phoenix for depositions; preparation for depositions and client meetings re depositions. Conference with C. Hall re depositions; conference with Hall, Matush re preparation for depositions and review of documents; conference with Hall, Bell re preparation for deposition and review of documents; preparation for Sandoval deposition; telephone calls with Aon counsel re Aon depositions and tolling
3.10
1,007.50
1, 2, 3, 5, All 8, 14
6.80
2,210.00
1, 2, 3, 4, All 5, 7, 8, 14
0.25 6.80
50.00 2,210.00
1, 2 1, 2, 3, 12
All All
9.00
2,925.00
1, 2, 3, 5, All 14
Case 2:04-cv-00662-DGC
- 16 Document 187-4
Filed 04/27/2007
Page 16 of 63
1/11/05
1/11/05
1/12/05
1/13/05
1/14/05
1/17/05
1/18/05
1/19/05
1/20/05
agreement. Telephone call with Fragner re strategy for addressing Aon position that RU policy was intended to be cost supplemental and depositions. Conferences/meetings with C. Hall re depositions and litigation strategy; preparation for and attendance at Sandoval deposition; preparation for Mizrachi, Bell and Matush depositions. Preparation for and attendance at Mizrachi deposition; conference/ meeting with Hall and Holly Reed in Scottsdale; preparation for Bell deposition. Preparation for and attendance at Bell deposition; various conferences with Bell, Hall; preparation for Matush deposition. Preparation for and attendance at Matush deposition; preparation for and participation in telephone conference call with court on LMC motion for protective order; travel to NY. Telephone calls, e-mails with opposing counsel re depositions; e-mails to/from client re scheduling and Aon issues; review Aon files for upcoming LMC depositions and outline issues for underwriter depositions. Scheduling teleconference with opposing counsel; review Aon deposition transcripts; e-mails to/from opposing counsel re scheduling and further depositions; e-mails to/from client re scheduling. Review deposition exhibits; conference telephone call with Aon counsel re tolling agreement and issues in litigation; draft, review and revise second set of interrogatories to LMC; e-mails to/from local counsel re interrogatories; review LMC answers to interrogatories and responses to document requests; e-mail to opposing counsel re status of document production. Conference/meeting with Fragner re deposition evaluation and strategy for
0.40
150.00
1, 2, 3, 8, All 14
10.00
3,250.00
1, 2, 3, 14
All
10.00
3,250.00
1, 2, 3, 14
All
9.50
3,087.50
1, 2, 3
All
12.00
3,900.00
1, 2, 3, 12
All
1.80
585.00
1, 2, 3
All
4.10
1,332.50
1, 2, 3, 14
All
6.80
2,210.00
1, 2, 3, 5, All 7, 8, 14
2.50
937.50
1, 2, 3, 4
All
Case 2:04-cv-00662-DGC
- 17 Document 187-4
Filed 04/27/2007
Page 17 of 63
1/20/05
1/21/05
1/21/05
1/22/05 1/23/05
1/24/05
1/25/05 1/26/05
1/27/05
1/28/05
1/31/05
further depositions; review selected policy provisions; review Hall assessment; prepare selected questioning for Lumbermens' witnesses; telephone call to client left message. Review LMC document production (7 boxes); review Bell deposition transcript; e-mail to client re document production, interrogatories/document request responses and discussion with Aon; preparation for Tibbs deposition; interoffice conference with Friedman re status and further actions to be taken; email to/from client re second set of interrogatories; e-mail to local counsel re service of subpoena on Elvia Aespuro. Continue with preparation of questions for depositions of Lumbermens' witnesses; review and revise questioning. Preparation for Tibbs deposition; preparation for Amoroso, Reed depositions, travel from NY to Taos, NM for Tibbs deposition. Preparation for and attendance at deposition of S. Tibbs, LMC underwriter. Travel to Phoenix from Taos for Amoroso, Reed depositions; prepare deposition preparation agendas and prepare for depositions. Meeting with Amoroso, Hall to prepare for deposition; meeting with Reed, Hall to prepare for deposition; review documents in preparation for depositions. Preparation for and attendance at Amoroso, Reed depositions. Review notes and documents from depositions, outline complaint vs. Aon; travel to NY Review deposition transcripts of Matush, Bell, Aon; review deposition exhibits; review further actions to be taken re further depositions and suit v. Aon. Review of e-mail from C. Hall/D. Bell re payment of Martinez claim and impact on erosion of limits. Review notes of Tibbs deposition re need
9.50
3,087.50
1, 2, 3
All
1.60
600.00
1, 2, 3
All
12.00
3,900.00
1, 2, 3, 12
All
11.00 8.00
3,575.00 2,600.00
1, 2, 3 1, 2, 3, 12
All All
9.00
2,925.00
1, 2, 3
All
11.00 7.00
3,575.00 2,275.00
1, 2, 3 1, 2, 3, 12
All All
1.80
585.00
1, 2, 3, 14
All
0.20
65.00
1, 2, 3
All
1.10
357.50
1, 2, 3, 14
All
Case 2:04-cv-00662-DGC
- 18 Document 187-4
Filed 04/27/2007
Page 18 of 63
2/1/05
2/4/05
2/7/05 2/7/05 2/8/05
2/8/05 2/8/05 2/9/05
2/10/05
2/10/05
2/11/05
2/14/05
2/15/05
2/16/05
to subpoena Aespuro, potential allegations v. Aon; review Sandoval, Mizrachi transcripts for testimony supporting claim v. Aon. Review LMC subpoenas/deposition notices re non-parties; e-mails to local counsel, client re same. Analysis of issues re suit vs. Aon and determination of pros/cons of new suit vs. amendment of existing suit; e-mails to/from client re same. Prepare exhibits for LMC depositions. Draft third set of interrogatories to LMC; e-mail to C. Hall for comment. Preparation for deposition of LMC witnesses; travel to Chicago for LMC depositions. Finalize and serve third set of interrogatories. Prepare/organize copies of selected materials from client files. Preparation for and attendance at deposition of LMC 30(b)(6) witness; preparation for LMC claims adjuster depositions. Telephone call with Hickson re subpoena, background of case, positions of the parties; telephone call to Fragner re same. Preparation for and attendance at deposition of Leslie Eickert (LMC claims). Preparation for and attendance at deposition of Augie Vega (LMC claims); conference with opposing counsel re scheduling of further non-party and party depositions; travel to NY. Preparation for depositions of McCarty, Hickson; telephone call with Hickson; travel to Phoenix for depositions. Preparation for and attendance at nonparty deposition of Ron McCarty; telephone call with Mike Hickson re deposition. Meeting with Mike Hickson to prepare for deposition; preparation for and attendance at deposition of Mike Hickson; travel to
0.50
162.50
1, 2, 3, 8
All
0.60
195.00
1, 2, 3
All
0.50 1.00 6.50
162.50 325.00 2,112.50
1, 2 1, 2, 3, 7 1, 2, 3, 12
All All All
1.00 1.00 10.00
325.00 75.00 3,250.00
1, 2, 3 1, 2, 3 1, 2, 3
All All All
0.50
187.50
1, 2, 3, 8
All
9.00
2,925.00
1, 2, 3
All
12.00
3,900.00
1, 2, 3, 12
All
6.50
2,112.50
1, 2, 3, 4, All 12 1, 2, 3 All
8.00
2,600.00
10.00
3,250.00
1, 2, 3, 12
All
Case 2:04-cv-00662-DGC
- 19 Document 187-4
Filed 04/27/2007
Page 19 of 63
3/8/05
3/8/05 3/8/05
3/8/05
3/8/05
3/10/05
3/21/05
3/21/05
New York from Phoenix. Conference/meeting with Fragner re strategy for further handling, deposition and expert witness status. Telephone call with Cary Hall re status and further actions to be taken. Review LMC expert disclosure and report; e-mail to local counsel re further actions to be taken re expert witness and potential motion to strike LMC expert disclosure; further exchange of e-mails with local counsel re same. Review allegations of pleadings and various discovery documents re amount to be demanded from LMC as settlement. Review McCarty transcript; review LMC 30(b)(6) witness transcript; review Reed transcript; review Tibbs transcript re witness' positions on whether RWIC policies are defense within or outside limits. Review and analysis of evidence adduced to date, further actions to be taken in handling of case re discovery, communications with opposing counsel and motion practice. Review e-mail from local counsel re further actions to be taken concerning retainer of expert and moving to strike LMC expert; preparation of and send email status report to Cary Hall re potential motion to strike expert report of LMC and retainer of expert; review response from Cary Hall; review CV of potential rebuttal expert James Robertson; conference telephone call with potential expert; email to Robertson re parties, facts, issues and expert opinion to be rebutted; e-mail to Robertson re categories of documents to review; e-mail to Cary Hall re expert engagement; review documents for production to expert, review retainer agreement; review e-mails from expert re further actions to be taken. Scan documents into pdf format to be emailed to expert.
0.30
112.50
2, 3, 8
All
0.80 1.00
260.00 325.00
2, 3 1, 2, 3, 8
All All
0.50
162.50
2, 3
All
1.00
325.00
1, 2
All
1.20
390.00
1, 2, 3
All
5.50
1,787.50
1, 2, 3, 4, 5
All
2.25
168.75
2
All
Case 2:04-cv-00662-DGC
- 20 Document 187-4
Filed 04/27/2007
Page 20 of 63
3/22/05
3/23/05
3/24/05
3/28/05
Research re admissibility of expert report and testimony; review case management order re date to file rebuttal expert disclosure; e-mail from Cary Hall re further actions to be taken; draft and send responsive e-mail; review and compile documents, exhibits, transcripts, policies for rebuttal expert witness review; e-mail and overnight same to rebuttal expert; various telephone conferences with rebuttal expert re issues and further actions to be taken in preparing rebuttal expert disclosure and report; e-mail engagement letter to Cary Hall; review key deposition testimony; review pertinent policy language; analyze LMC expert disclosure; analyze issues for expert rebuttal. Compile/send underwriting files to rebuttal expert; e-mails to/from rebuttal expert re further actions to be taken; research re and analysis/outline potential motion to strike LMC expert report; outline complaint vs. Aon; research re causes of action vs. Aon; analyze parties' positions and amounts claimed to be due under various theories of LMC attachment point; review deposition testimony re attachment point of various policies. Analyze value of claims and counterclaims; review and analyze criteria for motion to strike/exclude expert testimony on grounds that testimony addresses ultimate/legal conclusion; review deposition exhibits; review Aon files re communications between Aon and LMC, Aon and U-Haul/Repwest; analyze LMC expert report for purposes of rebuttal. Further review and analysis of amounts claimed to be due based on allegations in pleadings and construction of policies; prepare, review, revise and send calculations of amounts due from LMC and LMC's claimed overpayments; analysis of discovery to date; evaluation
7.80
2,535.00
1, 2, 3, 4, All 5, 11
6.80
2,210.00
1, 2, 3, 11, All 14
5/80
1,885.00
1, 2, 3, 14
All
8.50
2,762.50
1, 2, 3, 7, All 14
Case 2:04-cv-00662-DGC
- 21 Document 187-4
Filed 04/27/2007
Page 21 of 63
3/29/05
3/29/05
3/29/05
3/30/05
3/31/05
of merits and further actions to be taken; analysis of expert report opinion re Aon's obligations and nature of rebuttal and effect on claim against Aon; analysis of settlement position for letter to opposing counsel re same; outline allegations of complaint vs. Aon; outline specific issues to address in rebuttal expert report. Conference telephone calls with rebuttal expert James Robertson and technical staff re status and content of rebuttal expert report and issues to address on rebuttal; email to Robertson re same; report to client re same; review FRCP re requirements for content of expert disclosure; analyze effect of submitting rebuttal expert report on motion to strike LMC expert; review law on admissibility of expert opinion in insurance coverage action. Review e-mail from C. Hall re damage calculations and further actions to be taken; send responsive e-mail to C. Hall; e-mail to local counsel re status and further actions to be taken; review deposition testimony of LMC witnesses and analyze effect on settlement posture and potential summary judgment motion; outline further actions to be taken for client case evaluation. Continuing work on Aon complaint allegations; review Arizona legal and pleading requirements for complaint against Aon. Exchange e-mails with Hall, local counsel Ouimette re viability and timing of motion to strike expert report and testimony; analyze need to file rebuttal expert report and effect on motion to strike LMC report; analyze timing of motion to strike LMC expert report in relation to conduct of expert depositions and filing of rebuttal disclosure; telephone calls with rebuttal expert and technical staff re status and content of rebuttal expert report. Telephone conferences with rebuttal expert and technical staff re rebuttal
4.80
1,560.00
1, 2, 3
All
2.20
715.00
1, 2, 3, 8
All
1.40
455.00
1, 2, 3, 11, All 14
2.80
910.00
1, 2, 3, 5, 8
All
6.20
2,015.00
1, 2, 3, 5, All 7, 8
Case 2:04-cv-00662-DGC
- 22 Document 187-4
Filed 04/27/2007
Page 22 of 63
4/4/05
4/5/05
4/7/05
4/8/05
4/11/05
4/12/05 4/12/05
expert report; draft, review, revise and finalize rebuttal expert disclosure; review rebuttal expert report and appendixes; email to Robertson re proposed clarification and revision to rebuttal expert report; telephone calls with Robertson re same; review of revised/final rebuttal expert report; e-mail to Ouimette re rebuttal expert disclosure; e-mail to Hall re rebuttal expert disclosure and rebuttal expert report; finalize and serve rebuttal expert report. Draft, review, revise, finalize notice of deposition of LMC expert witness; e-mail expert disclosure, report and deposition to local counsel; review and respond to email from local counsel re same. Review expert witness invoice and transmit to C. Hall with update re expert depositions. Exchange of e-mails with C. Hall re status and further actions to be taken; drafting of settlement demand letter; drafting of Aon complaint. E-mail from opposing counsel re scheduling of expert depositions; e-mail to opposing counsel re same; review case law re cause of action vs. broker; drafting of complaint v. Aon. Exchange e-mails with expert witness Robertson re deposition scheduling; exchange e-mails with opposing counsel re same; review proposed motion to amend complaint and counterclaim to add allegations of application of productscompleted operations aggregate limit of liability; e-mail to/phone call with local counsel re same and likelihood of success of opposition; e-mail to Cary Hall re motion for leave to amend; review and analyze aggregate provisions of LMC 2000/2001 policy. Draft, review and revise proposed complaint v. Aon. Draft review and revise proposed letter to opposing counsel re position and
0.80
260.00
1, 2, 3, 8
All
0.30
97.50
1, 2, 3
All
1.20
390.00
1, 2, 3, 14
All
1.80
585.00
1, 2, 3, 14
All
4.80
1,560.00
1, 2, 3, 5, 8
All
5.80 1.70
1,885.00 552.50
2, 14 1, 2, 3, 7
All All
Case 2:04-cv-00662-DGC
- 23 Document 187-4
Filed 04/27/2007
Page 23 of 63
4/13/05
4/13/05
4/13/05
4/15/05 4/19/05
4/19/05
4/20/05
settlement demand based on calculations of amounts due in Nelson and Fernandez claims. Review, revise and finalize proposed settlement demand letter; e-mail re same to C. Hall. Exchange e-mails and telephone calls with local counsel re causes of action against Aon and drafting issues; review, revise and finalize draft proposed complaint against Aon; e-mail to Hall re same; email to local counsel re same. Exchange e-mails with opposing counsel re motion for leave to amend and scheduling expert depositions; telephone calls with opposing counsel re same. Exchange of e-mails with opposing counsel re scheduling issues. Review and analysis of proposed settlement demand letter and Hall's comments; review e-mail from client Hall; conference with Fragner re status of case, assessment of new defense asserted in proposed amended pleading, strategy for further handling on global basis. E-mail from C. Hall re suggested revisions to settlement letter to opposing counsel; interoffice conference with B. Friedman re same, LMC's motion for leave to amend and further actions to be taken re opposing motion for leave to amend and filing summary judgment motion; draft, review, revise and send report to C. Hall re proposed further actions to be taken re motion for leave to amend, summary judgment and settlement; e-mail to/from local counsel re further actions to be taken; e-mails to/from opposing counsel and expert witness re scheduling of depositions; outline and draft opposition to motion for leave to amend answer and counterclaim. Conference/meeting with Fragner re strategy for summary judgment motion and opposing motion to amend; review selected documents and transcript
1.00
325.00
1, 2, 3, 7
All
2.50
812.50
1, 2, 3, 7, All 8, 14
0.50
162.50
1, 2, 3, 5, 8
All
0.20 1.00
65.00 375.00
2 1, 2, 3, 8
All All
5.80
1,885.00
1, 2, 3, 7, 8
All
1.25
468.75
1, 2, 3, 8
All
Case 2:04-cv-00662-DGC
- 24 Document 187-4
Filed 04/27/2007
Page 24 of 63
4/20/07
4/20/05
4/21/05
4/21/05
references with Fragner; exchange e-mails with Fragner and client. Exchange of e-mails with C. Hall re further actions to be taken and conference call; exchange of e-mails with local counsel re time to respond to motion for leave to amend and arguments in opposition to motion for leave to amend; review stipulation on motion to extend expert discovery and dispositive motions deadlines; interoffice conferences with associate re research for summary judgment motion and opposition to motion for leave to amend; preparation of exhibits and deposition testimony for possible motion for summary judgment; interoffice conference re further actions to be taken with B. Friedman; review LMC and LMC coverage counsel reservation of rights letters re Fernandez claim and Martinez/Fernandez aggregate exhaustion issue; review deposition testimony of A. Vega re exhaustion of aggregate; draft opposition to motion for leave to amend answer and counterclaim. Legal research re Lumbermens right to assert product aggregate and amend its counterclaim. Review and revision of initial draft of opposition to motion to amend; analyze selected file documents; conferences with Fragner and research associate re strategy for arguments; prepare for an participate in conference call with Fragner and client Cary Hall. Draft, review and revise opposition to LMC motion for leave to amend answer and counterclaim; interoffice conference with B. Friedman re same; conference telephone call with C. Hall reissues raised by motion for leave to amend and further actions to be taken; analysis of issues to be raised in opposition to motion for leave to amend; analysis of chronology of communications between U-Haul and LMC re positions on coverage and
8.80
2,860.00
1, 2, 3, 7, 8
All
6.30
1,260.00
2, 3, 11
All
2.80
1,050.00
1, 2, 3, 7, 8
All
7.50
2,437.50
1, 2, 3, 7, 8
All
Case 2:04-cv-00662-DGC
- 25 Document 187-4
Filed 04/27/2007
Page 25 of 63
4/21/05
4/22/05
4/22/05
4/22/05
4/24/05
4/25/05
4/25/05 4/27/05
reservation of rights; telephone call with opposing counsel re extension of time to respond to motion for leave to amend; exchange e-mails with opposing counsel re same; exchange of e-mails with local counsel re drafting of stipulation/unopposed motion for extension of time; exchange e-mails with opposing counsel re status of motion for leave to extend expert/dispositive motion deadline and scheduling of expert depositions; e-mail to C. Hall confirming extension of time to respond to motion for leave to amend; e-mail from C. Hall re carriers above LMC layer; review files re notice to higher excess layers of Fernandez claim; draft report to client re status and further actions to be taken re LMC motion for leave to amend. Legal research on whether Lumbermens can be estopped from denying coverage by conduct and on amendment of pleadings. Review and revision of report to client; continued discussion re opposition points to address re LMC's motion to amend. Draft, review and revise detailed report to client re LMC motion for leave to amend; interoffice conference with B. Friedman re revisions to same; finalize and send report; e-mail to/from C. Hall re further actions to be taken. Legal research re estoppel to deny coverage, filing of motion after dates provided by case management order. Research and analyze bases for opposition to motion for leave to amend; continued revision of opposition to motion. Telephone call with local counsel re status of extension of time to respond to motion for leave to amend. Review research re estoppel Continued analysis of issues in LMC motion for leave to amend; continued analysis of legal issues; continued drafting of opposition to motion for leave to
6.90
1,380.00
1, 2, 3, 11
All
1.50
562.50
1, 2, 3
All
7.80
2,535.00
1, 2, 3, 7, 8
All
3.90
780.00
1, 2, 3, 11
All
1.20
390.00
1, 2, 3, 11
All
0.20
65.00
1, 2, 5, 8
All
1.30 7.80
260.00 2,535.00
1, 2, 3, 11 1, 2, 3, 7
All All
Case 2:04-cv-00662-DGC
- 26 Document 187-4
Filed 04/27/2007
Page 26 of 63
4/27/05 4/28/05
4/28/05
4/28/05 4/29/05
amend; review C. Hall e-mail re opposition to motion for leave to amend; e-mails from/to opposing counsel and rebuttal expert re scheduling of depositions. Prepare memorandum re research on estoppel and other issues. Review of correspondence from client re impressions for opposition to motion to amend; conference with Fragner re same. Review and revise opposition to motion for leave to amend answer and counterclaim to plead exhaustion of aggregate limit of liability; discuss and analyze issues of estoppel, waiver and prejudice. Legal research; draft memo re research Research re estoppel, voluntary payments, prejudice and enforceability of case management order; review and further revisions to memorandum of law in opposition to motion for leave to amend; interoffice conference with associate re issues and research. Legal research re voluntary payment, memorandum re legal research and review motion. Research re estoppel from asserting coverage defense, voluntary payments; draft, review and revise memorandum of law in opposition to motion for leave to amend; draft affidavit in opposition; review and analyze claim file re coverage correspondence. Review and revision of opposition papers re LMC's motion to amend pleadings to add exhaustion of aggregate defensemultiple drafts; conference with Fragner re suggested revisions; discussion with Fragner re text of letter for U Haul to send to its higher layer excess insurers; review selected file documents relating to communications with higher excess insurers. Continued drafting and revisions of
0.75 0.30
150.00 112.50
1, 2, 3, 7 1, 2, 3, 11
All All
3.20
1,040.00
1, 2, 3, 7
All
2.20 6.50
440.00 2,112.50
1, 2, 3, 7, All 11 1, 2, 3, 7, All 8, 11
4/29/05
4.70
940.00
1, 2, 3, 7, All 11 1, 2, 3, 7, All 11
5/2/05
10.00
3,250.00
5/3/05
2.70
1,012.50
1, 2, 3, 7, All 8, 15
5/3/05
8.80
2,860.00
1, 2, 3, 7, All
Case 2:04-cv-00662-DGC
- 27 Document 187-4
Filed 04/27/2007
Page 27 of 63
5/3/05 5/4/05
5/4/05
5/5/05
5/5/05
5/5/05 5/5/05
opposition to motion for leave to amend to assert products aggregate; continued research re estoppel, voluntary payments; review claims files and documents re communications to/from higher layer excess carriers; e-mail to Cary Hall forwarding draft memorandum of law and affidavit in opposition to motion for leave to amend. Draft memorandum regarding doctrine of "voluntary payor." Review and revision of further draft of opposition papers re LMC's motion to amend; conference with Fragner re aggregate drop down concerns re carriers above LMC; interoffice conference re audit reply considerations re U Haul and RWIC. Continued revisions to and redrafting of opposition to motion for leave to amend; continued research re estoppel to deny coverage/assert coverage defense; review and compile exhibits for affidavit; discuss revisions with B. Friedman. Conference/meeting with Fragner re communicating with excess insurers and status; revise report to excess insurers; revise audit reply letter on behalf of Amerco. Telephone calls with Craig Boatwright of RWIC re status of action, communications with higher layer excess carriers; review file re communications with higher layer excess carriers; e-mail from Boatwright re same; send communications to higher layer excess carriers to Boatwright; e-mail to/from Boatwright re same. Draft, review and revise audit letter to company accountants. Telephone call with C. Hall re opposition to motion for leave to amend, issues concerning higher layer excess carries; draft, review, revise and send to C. Hall proposed letter to higher layer excess carriers; e-mail to local counsel re further actions to be taken re opposition to motion
11, 15
1.40 1.20
280.00 450.00
2, 7
All
1, 2, 3, 7, All 8, 15
3.25
1,056.25
1, 2, 3, 7, 8
All
0.70
262.50
1, 2, 3, 7, All 8, 15, 16
2.00
650.00
1, 2, 3, 7, All 15
1.00 4.10
325.00 1,332.50
1, 2, 3, 7, All 16 1, 2, 3, 7, All 15
Case 2:04-cv-00662-DGC
- 28 Document 187-4
Filed 04/27/2007
Page 28 of 63
5/6/05
5/6/05
5/12/05
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5/20/05
for leave to amend; further revisions to opposition to motion for leave to amend; send revise opposition papers to C. Hall and local counsel for review and comment. Conference/meeting with Fragner re finalizing audit reply letter and additional suggestions for opposition re impleder of higher layer insurers; review correspondence from client Hall. Review C. Hall and local counsel proposed revisions to memorandum of law in opposition to motion for leave to amend; review, revise, redraft and finalize memorandum of law and affidavit; e-mail to local counsel and C. Hall; forward opposition papers to local counsel for service and filing. Review deposition transcripts, exhibits and expert reports in preparation for upcoming expert depositions and potential summary judgment motion. Review and analysis of deposition transcripts, exhibits and expert reports in preparation for expert depositions. Preparation for expert witness depositions; review deposition transcripts and exhibits for depositions and potential motion for summary judgment. Continued preparation for expert depositions; review LMC underwriting file; review materials identified in LMC expert report as having been reviewed by expert and forming basis for opinions. Telephone calls and e-mails with expert Robertson re preparation for and attendance at upcoming deposition; telephone calls and e-mails with opposing counsel re extension of time to file reply on motion for leave to amend; preparation for expert depositions. Review of depositions, exhibits, document production and expert disclosures and reports in preparation for defending deposition of Robertson and conducting deposition of O'Connell, and for potential
0.40
150.00
1, 2, 3, 7, All 8, 15
5.50
1,787.50
1, 2, 3, 7
All
1.80
585.00
2, 3
All
2.90
942.50
1, 2, 3
All
3.90
1,267.50
1, 2, 3
All
2.00
650.00
1, 2, 3
All
2.80
910.00
1, 2, 3
All
7.70
2,502.50
1, 2, 3
All
Case 2:04-cv-00662-DGC
- 29 Document 187-4
Filed 04/27/2007
Page 29 of 63
5/23/05
5/24/05
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summary judgment motion. Continued preparation for expert depositions; telephone call with expert Robertson re scheduling of depositions; telephone call with opposing counsel re same; exchanges of e-mails with expert Robertson, opposing counsel and local counsel re rescheduling of expert depositions and procedures for obtaining extension of expert and dispositive motion deadlines; draft, review and revise joint stipulation re same; draft, review and revise proposed order re same; e-mail joint stipulation and order to opposing counsel; e-mail revised joint stipulation and order to opposing counsel; telephone call re same with opposing counsel, local counsel; telephone call with Robertson re dates of availability; telephone call with opposing counsel re potential dates for expert depositions. Finalize joint stipulation and proposed order extending expert deposition and dispositive motion deadlines; exchange emails with local counsel and opposing counsel re same; telephone call with opposing counsel re same. Exchange of e-mails with C. Hall re LMC payments on Fernandez claim; review pleadings re same. Exchange of e-mails with Robertson re expert deposition and preparations scheduling; receipt, review and analysis of LMC reply brief in further support of motion for leave to serve and file amended answer and counterclaim; exchange of emails re same and further actions to be taken with local counsel; commence drafting of sur-reply. Draft, review and finalize sur-reply memorandum of law in further opposition to LMC motion for leave to serve and file amended answer and counterclaim; exchange of e-mails re same with Cary Hall; exchange of e-mails re same with local counsel; telephone call re same with
8.80
2,860.00
1, 2, 3, 7, 8
All
1.80
585.00
1, 2, 3, 7, 8
All
0.30
97.50
1, 2, 3
All
1.80
585.00
1, 2, 3, 7, 8
All
5.00
1,625.00
1, 2, 3, 7, 8
All
Case 2:04-cv-00662-DGC
- 30 Document 187-4
Filed 04/27/2007
Page 30 of 63
5/31/05
6/17/05
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6/23/05
7/05/05
7/06/05
7/7/05
7/14/05
8/3/05
8/3/05
local counsel. Review e-mails from local counsel re service and filing of sur-reply in further opposition to motion for leave to amend answer and counterclaim. Review and analysis of report from client re dialogue with higher layer excess insurers. Telephone call with Cary Hall re products aggregate, potential recovery from high layer excess carriers TIG and Chubb; review e-mail from Cary Hall re same. Review e-mail draft memo to be sent to TIG and Chubb re Fernandez claim for upcoming conference call. E-mail from C. hall re and review revised summary of events to be sent to excess layer insurers; conference telephone call with C. Hall and others re Fernandez, Martinez and issues regarding productscompleted operations aggregate limit of liability; prepare, review, revise and send proposed language re same for inclusion in submission to excess insurers. Review of e-mail from Cary Hall re TIG inquiry re products-completed operations hazard; review TIG inquiry and policy language. Research re products/completed operations hazard; conference telephone call with C. Hall; review proposed explanation to TIG. Review e-mail from C. Hall re response to TIG on analysis of products/completed operations language in policy RGMM. E-mail to local counsel re status of LMC motion for leave to file amended complaint; e-mail from local counsel re same. Review and analysis of order denying motion to amend; discuss order and possible evidentiary considerations. Exchange of e-mails with local counsel re status of and decision on motion for leave to amend; exchange of e-mails with client C. Hall re same; review and analysis of
0.20
65.00
2, 3, 8
All
0.30
112.50
2, 15
All
1.00
325.00
2, 15
All
0.50
162.50
2, 15
All
2.50
812.50
2, 15
All
0.80
260.00
2, 15
All
1.00
325.00
2, 7, 15
All
0.20
65.00
2, 15
All
0.30
97.50
1, 2, 8
All
0.30
112.50
1, 2, 8
All
1.50
487.50
1, 2, 8
All
Case 2:04-cv-00662-DGC
- 31 Document 187-4
Filed 04/27/2007
Page 31 of 63
8/3/05 8/4/05
8/5/05
8/8/05
8/8/05
8/9/05
8/10/05
8/11/05 8/12/05
8/15/05
court decision and e-mail report to client re same; review and assemble pleadings and send to client. Create one copyset of court documents. Review deposition transcripts re testimony re operation of policies; review expert disclosures. Exchange of e-mails with C. Hall re further actions to be taken; preparation of letter to opposing counsel re settlement demand based on deposition testimony and court decision on motion for leave to amend. Review and revision of correspondence to opposing counsel re compromise; conference with Fragner re same. Prepare, review and revise draft proposed letter to opposing counsel re settlement; review deposition testimony for inclusion in same; discuss with B. Friedman; revise proposed settlement letter; send settlement letter to C. Hall; review expert witness deposition notices; exchange e-mails with J. Robertson re expert witness deposition; compile and review materials/exhibits for expert depositions; begin preparation for expert witness depositions. Exchange of e-mails with C. Hall re calculation of amounts due for Nelson and Fernandez claims; revise settlement demand letter; preparation for expert depositions. Various e-mails to/from C. Hall re calculations for Nelson and Fernandez claims for settlement letter to LMC counsel; review, revise and redraft draft proposed settlement letter; conference telephone call with C. Hall and in-house accountants re amounts due from LMC. Exchange of e-mails with expert witness re status and further actions to be taken. Telephone call with expert J. Robertson; prepare for expert depositions; e-mail to opposing counsel re expert depositions. Telephone call with C. Hall re settlement demand letter and recovery of attorneys'
0.30 1.50
22.50 487.50
1, 2, 1, 2
All All
0.70
227.50
1, 2, 3, 7
All
0.30
112.50
1, 2, 4, 7, 9
All
3.30
1,072.50
1, 2, 3, 7, 8
All
2.50
812.50
1, 2, 3, 7
All
2.00
650.00
1, 2, 3, 7
All
0.20 1.80
65.00 585.00
1, 2, 3 1, 2
All All
0.60
195.00
1, 2, 7, 8
All
Case 2:04-cv-00662-DGC
- 32 Document 187-4
Filed 04/27/2007
Page 32 of 63
8/16/05 8/16/05
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8/18/05 8/19/05
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8/26/05
8/30/05
9/6/05
9/8/05
fees in contract action; review attorneys fees statute; e-mail to/from local counsel re same; e-mail to/from C. Hall re same; revise, finalize and send settlement demand letter to opposing counsel. Conference/meeting with Fragner re expert witness depositions, case strategy. Exchange e-mails with local counsel, client and expert re expert depositions; prepare exhibits and documents for expert depositions. Tra
Free Objection - District Court of Arizona - Arizona
| File Size: | 220.4 kB |
| Pages: | 63 |
| Date: | April 27, 2007 |
| File Format: | |
| State: | Arizona |
| Category: | District Court of Arizona |
| Author: | unknown |
| Word Count: | 10,480 Words, 65,543 Characters |
| Page Size: | Letter (8 1/2" x 11") |
| URL |
https://www.findforms.com/pdf_files/azd/43561/187-4.pdf |
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