Free Memorandum - District Court of Arizona - Arizona

UNITED STATES DISTRICT COURT
DISTRICT OF ARIZONA
CASE NO. CV 03-1987 PHX JAT
MARY CSANYI
v.
REGIS CORPORATION; SUPER CUTS
EXHIBIT TO DEFENDANTS’ MEMORANDUM OF POINTS
AND AUTHORITIES IN SUPPORT OF ATTORNEYS’ FEES
Case 2:03-cv-01987-JAT Document 106-5 Filed O8/O1/2006 Page 1 of 4

1 FENNEMORE CRAIG
Ronald J. Stolkin (N0. 002552)
2 Whitney M. Sedwick (N0. 022686)
One South Church Avenue
3 Suite 100
Tucson, Arizona 85701-1627
4 Telephone: (520) 879-6800
5 Attorneys for Defendants
Regis Corporation; Super Cuts
6
7
8 UNITED STATES DISTRICT COURT
9 DISTRICT OF ARIZONA
10 MARY CSANYI, a single woman, No. CV 03-1987 PHX JAT
ll Plaintiff, AFFIDAVIT IN SUPPORT OF
DEFENDANTS’ MOTION FOR AWARD
12 v. OF ATTORNEYS’ FEES
13 REGIS CORPORATION; SUPER
CUTS,
14
Defendants.
15
16 STATE OF ARIZONA )
) ss:
17 County of Maricopa )
18
1. I am one of the attorneys for Defendants Regis Corporation and Super Cuts
19
in this action.
20
2. I am the attorney most familiar with the facts and issues of this case, and I
21
have personal knowledge of the legal services rendered.
22
3. I am a 1970 graduate of the University of Arizona law school. I have been
23
associated with Fennemore Craig since 1993 and have been a director with the firm since
24
that time. I was admitted to the Arizona bar in 1970. I practice primarily in the labor and
25
employment area with an emphasis in employment litigation.
26
P Fznnamonée Camo V
Case 2:03-cv-01987-JAT Document 106-5 Filed O8/O1/2006 Page 2 of 4

1 4. Services were also performed by Whitney M. Sedwick, an associate at
2 Fennemore Craig. She has worked at the firm since 2004 and was admitted to the
3 Arizona bar in 2003. Ms. Sedwick performed much of the work for the defendant in this
4 matter. As Ms. Sedwick’s hourly rate is lower than my rate, the Defendants incurred
5 lower fees in the case by having Ms. Sedwick perform much of the legal work required.
6 The attorneys’ fees requested exclude any duplication of effort resulting from Ms.
7 Sedwick’s assistance.
8 5. The accompanying Statement of Fees (the "Statement") (Exhibit 3) lists
9 legal services performed for Defendants in connection with the defense of the Title VII
10 claims. The Statement identifies the services provided to defend Plaintiffs Title VII
11 claims. Then for those services, the Statement apportions the amount of fees related to
12 defense of the Title VII claims. See Defendants’ Memorandum of Points and Authorities
13 in Support of Attomeys’ Fees.
14 6. The total amount of attorneys’ fees on the Title VII claim listed in the
15 Statement is $77,435.00.
16 7. In my opinion, the services set forth in the Statement were actually,
17 reasonably, and necessarily incurred in defending the breach of contract claim in this
18 action. None of the time included in the Statement was wasted, inappropriate, or
19 unnecessary.
20 8. The Statement was produced from billing records, which are regularly
21 prepared in the course of the firm’s business. I have reviewed the Statement and the
22 records from which it was produced to insure that it is accurate.
23 9. The billing rates reflected in the Statement are the hourly rates the firm
24 customarily charges clients for work performed by Whitney M. Sedwick and me in civil
25 litigation cases in 2004-2006.
26 10. The firm considers the billing rates reflected in the Statement to be
p..E?£Tr$Z“r`Z*E’ZR°$r?r’IZ?0N
Case 2:03-cv-01987-JAT Document 106-5 Filed O8/O1/2006 Page 3 of 4

1 reasonable, given due consideration to the attomeys’ ability, training, education,
2 experience, skill and professional standing, the intricacy and difficulty of the work
3 performed, the time and skill required, the responsibility imposed and the result obtained.
4 1 1. The hourly rates reflected in the Statement are comparable to the hourly
5 rates prevailing in the community for similar work in civil litigation cases at the time.
6 12. Defendants have agreed to pay Fennemore Craig the firm’s hourly billing
7 rates, including changes in the rates during the course of the case. The hourly rates on the
8 case for each attorney are:
9 Attomey Year Hourly Rate
Ronald J. Stolkin 2006 $375.00
10 2005 $335.00
11 2004 $325.00
Whitney M. Sedwick 2006 $190.00
12 2005 $160.00
13 2004 $155.00
13. Based upon this fee agreement, defendant has paid the total charged for the
14
itemized services set forth in this statement.
15 i
16 /
17 onald J. S in
18
19 SUBSCRIBED and sworn to before me this ( day of August, 2006.
20
Notary Pu ic
22 My COmmission Expires; KATSEQEAE-SSAJLNCH
23 (,144 g Y‘*l·“’*%§?é?é“é%A3§§~%§“““"a
.....;€i.€.iiE1QZ?;.€;?‘.E£i§.§.?.1¥;,J· 2*108
24 PHX/RSTOLKIN/1820462.1/79228.006
25
26
PFElQV?1Eh1O$jECgRAl(}
Puosmx - 3 _
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