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

David N. Ingrassia (#010936) DAVID N. INGRASSIA, P.C. 1212 East Osborn Road Phoenix, Arizona 85014 Telephone: (602) 604-0099 Facsimile: (602) 604-0110 Attorneys for Plaintiffs IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA CITICAPITAL TECHNOLOGY FINANCE, INC., formerly known as EAB Leasing Corp., a Pennsylvania corporation, and CITICAPITAL COMMERCIAL LEASING CORPORATION, formerly known as Associates Leasing, Inc., an Indiana corporation, Plaintiffs, vs. GRANT H. GOODMAN AND TERI B. GOODMAN, husband and wife, Defendants. Plaintiffs, CitiCapital Technology Finance, Inc. ("CitiCapital") and General Electric Capital Corporation ("GE") (sometimes collectively "Plaintiffs"), by their counsel undersigned, hereby moves this Court to enter an Order awarding Plaintiffs attorney's fees and costs. CitiCapital seeks attorney's fees in the amount of $33,109.50 and costs in the amount of $2,351.53 in connection with this matter and GE seeks attorney's fees in the amount of $33,313.20 and costs in the amount Case No. CV03-01587 PHX JAT APPLICATION FOR ATTORNEY'S FEES AND RELATED NONTAXABLE EXPENSES

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of $1,968.62 in connection with this matter. This is an action arising under contract within the meaning of A.R.S. §12-341.01. Additionally, pursuant to the contracts entered into between the parties, Plaintiffs are entitled to attorney's fees and costs incurred in pursuing collection of this matter. This Application is supported by the Affidavit of David N. Ingrassia attached hereto and incorporated herein by reference. WHEREFORE, pursuant to A.R.S. §12-341.01 and the contracts at issue in this
case, CitiCapital respectfully requests this Court to enter an order awarding

CitiCapital attorney's fees in the amount of $33,109.50 and costs in the amount of $2,351.53 in connection with this matter, and GE respectfully requests this Court to enter an order awarding GE attorney's fees in the amount of $33,313.20 and costs in the amount of $1,968.62 in connection with this matter. RESPECTFULLY SUBMITTED this 4th day of August, 2006.

DAVID N. INGRASSIA, P.C. /s/ David N. Ingrasssia DAVID N. INGRASSIA 1212 East Osborn Road Phoenix, Arizona 85014 Attorneys for Plaintiffs

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Original of the foregoing filed and a copy e-mailed to [email protected] and a copy mailed this 4th day of August, 2006, to: Honorable James A. Teilborg 401 W. Washington Suite 523 SPC 51 Phoenix, AZ 85003 Grant H. Goodman Grant H. Goodman, PLLC 5110 N. 44th Street, Suite L-200 Phoenix, AZ 85018 /s/ David N. Ingrassia

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STATE OF ARIZONA County of Maricopa

) ) ss AFFIDAVIT OF DAVID N. INGRASSIA )

DAVID N. INGRASSIA, being first duly sworn, deposes and says: 1. I am the attorney for the Plaintiffs in this matter CitiCapital

Technology Finance, Inc. ("CitiCapital"), and General Electric Capital Corporation ("GE") (sometimes collectively "Plaintiffs"), and make this affidavit in support of Plaintiff's Application For Attorney's Fees And Related NonTaxable Expenses. 2. 3. I have personal knowledge of each fact herein asserted. Attached hereto as Exhibit "1", is a summary of the costs necessarily

expended in connection with the case. 4. Attached hereto as Exhibit "2", is a summary of the time necessarily

expended by me in connection with this case. 5. Plaintiffs engaged the law firm of David N. Ingrassia, P.C. to collect

the amount due from the Defendants. Plaintiffs have actually paid or have agreed to pay the fees summarized herein. 6. Affiant's (DNI) normal hourly rate is $225.00. Paralegal time is

billed at a normal hourly rate of $90.00. However, for Affiant's time these clients are charged a discounted hourly rate of $150.00. 7. As the Court will recall, at the commencement of this case this

matter involved the collection of eight separate equipment leases, four of which were then owned (and continue to be owned) by CitiCapital (the "CitiCapital

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Leases"), and the other four were then owned by CitiCapital Commercial Leasing Corporation ("CitiCapital Commercial") but later assigned to GE (the "GE Leases") during this litigation. For the time period from June 30, 2003 through January 26, 2005, all time was billed to CitiCapital and CitiCapital Commercial. Thereafter, CitiCapital was separately billed for the time and expenses that are attributable to efforts to collect the amount due from the Defendant Grant Goodman on the four CitiCapital Leases, and GE was separately billed for the time and expenses are attributable to efforts to collect the amount due from the Defendants Grant Goodman and Teri Goodman on the four GE Leases. 8. In calculating the time spent and expenses incurred on behalf of

CitiCapital for the time period from June 30, 2003 through January 26, 2005, one half of the time and expenses are attributable to efforts to collect the amount due from the Defendant Grant Goodman on the four CitiCapital Leases, and the other half of the time and expenses are attributable to efforts to collect the amount due from the Defendants Grant Goodman and Teri Goodman on the four GE Leases. 9. On behalf of CitiCapital, Affiant (DNI) spent 206.9 hours, and

paralegals (JH, CC, TK, KD, MG and CC) spent 23.05 hours in pursuit of this matter, and on behalf of GE, Affiant (DNI) spent 207.4 hours, and paralegals (JH, CC, TK, KD, MG and CC) spent 24.48 hours in pursuit of this matter. 10. I have reviewed the summary of times expended; based upon my

experience, each of the items represented in the summary reflects time spent on services reasonably necessary in enforcing the contracts involved in this case.

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11.

I have over nineteen (19) years of practice experience. The principal

areas of practice of this firm are collection and bankruptcy. 12. The time expended is shown on the attachments hereto. A total of

$33,109.50 on behalf of CitiCapital would be fair and reasonable, and a total of $33,313.20 on behalf of GE would be fair and reasonable. 13. The total time indicated in the attachment hereto was necessarily

expanded in connection with the aforesaid case; no unreasonable duplication of efforts has occurred. 14. The amount at issue in this litigation is $356,830.20, plus interest

and costs. Thus, the requested fee of $66,422.70 is reasonable under all the facts and circumstances in this case. 15. The requested non-taxable costs on behalf of CitiCapital in the

amount of $2,351.53 is fair and reasonable under all of the facts and circumstances of this case. The requested non-taxable costs on behalf of GE in the amount of $1,968.62 is fair and reasonable under all of the facts and circumstances of this case. FURTHER AFFIANT SAYETH NOT. /s/ David N. Ingrassia David N. Ingrassia 1212 East Osborn Road Phoenix, Arizona 85014

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SUBSCRIBED, and SWORN TO before me this 4th day of August, 2006 by David N. Ingrassia. /s/ Anne Mueller Notary Public
My Commission Expires:
Anne Mueller Notary Public - Arizona Maricopa County Expires 07/15/10

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Exhibit "1" SUMMARY OF CITICAPITAL NONTAXABLE COSTS Description Postage Copies Pacer FedEx Facsimile Copies - Outside Service Court Transcript Long Distance File Search Court Parking - Trial Total Expenses Amount $388.85 $1,235.20 $88.90 $66.90 $6.90 $333.05 $211.75 $11.48 $6.00 $2.50 $2,351.53

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SUMMARY OF GE NONTAXABLE COSTS Description Postage Copies Pacer FedEx Facsimile Copies - Outside Service Court Transcript Long Distance File Search Court Parking - Trial Total Expenses Amount $388.55 $854.00 $90.70 $66.09 $6.90 $330.65 $211.75 $11.48 $6.00 $2.50 $1,968.62

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Exhibit "2"

SUMMARY OF CITICAPITAL TIME

David N. Ingrassia (DNI) Paralegals(JH, CC, TK, KD, MG and CC)

206.9 hours x $150.00 = 23.05 hours x $90.00 = TOTAL

$31,035.00 $2,074.50 $33,109.50

SUMMARY OF GE TIME

David N. Ingrassia (DNI) Paralegals(JH, CC, TK, KD, MG and CC)

207.4 hours x $150.00 = $31,110.00 24.48 hours x $90.00 = TOTAL $2,203.20 $33,313.20

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