Case 2:OO—cv-00663-HRH Document 756-4 Filed O4/17/2006 Page1 0f4
1 Laura Zeman (#014713) V
Jennifer Hadley Dioguardi (#018380)
2 SNELL & WILMER L.L.1>.
One Arizona Center
3 400 E. Van Buren
Phoenix, AZ 85004-2202
7 I iTelép1ioniéiiii(602)73782-63071 I I 0 I
Facsimile: (602) 382-6070
5 E-mail: [email protected]
[email protected]
6 Anthony R. Zeuli (Admitted Pro Hac Vice)
7 MERCHANT & GOULD LLP
3200 IDS Clenter
8 80 South 8t Street
Minneapolis, MN 55402-2215
9 Telephone: (612) 332-5300
Attorneys for Defendant Nash-Finch Company
10
1 I IN THE UNITED STATES DISTRICT COURT
12 FOR THE DISTRICT OF ARIZONA »
§ 14 I§¢m¢1S
p§§§$i°§hip°un 3 l°n’ ml C AFFIDAVIT OF JENNIFER HADLEY
f 15 ’ DIOGUARDI IN SUPPORT OF NASH-
T, ‘ piaiiififf FINCH COMPANY’S MEMORANDUM
Cf) 16 ’ i SUPPORTING ITS MOTION FOR AN
g v_ AWARD OF ATTORNEYS’ FEES
17
18 Comp USA Inc., et al.,
19 Defendants.
20 STATE or AR1zoNA )
21 ) ss.
County of Maricopa )
22
23 JENNIFER HADLEY DIOGUARDI, being first duly sworn, deposes and says
24 upon her oath:
25 l. I am a partner with the law firm of Snell & Wilmer L.L.P. I make this
26 affidavit of my own knowledge, and I am competent to testify to the matters contained
27 herein.
28
ase 2:00-cv-00663-HRH Document 756-4 Filed O4/17/2006 Page 2 of 4
1 2. The law firm of Snell & Wilmer L.L.P. is counsel for Nash Finch in Cause
I 2 N0. CV-00-0663-PHX (HRH). I am one of the attorneys responsible for handling this
3 action as local counsel for the law firm of Merchant & Gould L.L.P.
24 22 2 2 3. 22 The document subniitted222herewith22as2Exhibit2 D is a compilation of the
5 contemporaneous time records and client billings prepared and maintained by Snell &
6 Wilmer in the regular course of business for Cause No. CV—00-0663 (HRH). Exhibit D is
7 an itemized statement of the hours, in tenths of an hour, of attorney time expended in this
8 case. Exhibit D represents fees actually billed, or which will be billed, to Nash Finch and
9 for which Nash Finch has agreed to pay.
10 4. I have reviewed and approved of the time and charges set forth in
11 Exhibit D. The time spent and expenses incurred were those that would have been
12 undertaken by a reasonable and prudent lawyer to advance or protect his or her client’s
ig} 13 interests in this case.
14 5. The total attorneys’ fees incurred by Snell & Wilmer in this matter are
15 _$6,990.00.
g i 16 6. The attorneys who worked on this matter were Mike Kelly, Laura Zeman
6 17 and Jennifer Dioguardi. p
18 7. Mike Kelly was a partner at Snell & Wilmer and as of 2000, had been
19 practicing in intellectual property and litigation for approximately thirteen years. Mr.
20 Kelly consulted regarding strategy issues pertinent to the defense of this matter. In 2000,
21 Mr. Kelly’s billing rate was $335 per hour. This rate is reasonable and consistent with the
22 rates of other lawyers in Maricopa County at or about his level of experience. Mr. Kelly
23 billed 3.80 hours on this matter for a total attorney expense of $1,273.00. S5; Exhibit D.
24 8. Laura J. Zeman is a partner at Snell & Wilmer and as of 2000, had been
25 practicing in intellectual property and litigation for approximately nine years. Ms. Zeman
26 was principally responsible for this action on behalf of Snell & Wilmer including
27 development of procedural and legal strategies and interfacing with Merchant & Gould
28 regarding same. Ms. Zeman’s billing rate on this matter was $230 per hour in 2000 and
ase 2:OO—cv-00663-HRH Document 756:42 ` Filed 04/17/2006 Page 3 of 4
1 $260 per hour in 2001. These rates are reasonable and consistent with the rates of other
2 lawyers in Maricopa County at or about her level of experience. Ms. Zeman billed 21.20
3 hours on this matter for a total attorney expense of $4,897.00. E Exhibit D.
0 04 0 0 0 9. Jennifer Hadley Dioguardi is a partner at0Snell & Wilmer with eight years of
5 experience in commercial litigation. In 2001, Ms. Dioguardi was an associate with an
6 hourly rate of $170 per hour. In 2006, Ms. Dioguardi’s billing rate is $310 per hour.
7 These rates are reasonable and consistent with the rates of other lawyers in Maricopa
8 County at or about her level of experience. Ms. Dioguardi billed 4 hours on this matter
9 for a total attorney expense of $820.00. g Exhibit D.
10 10. Nash Finch has paid or agreed to pay the foregoing amounts.
11 I have read the foregoing document and know of my own knowledge that the facts
E 12 stated herein are true and correct.
ig ` 13 DATED this 17th day of April, 2006.
Lz: 3 S 15 / .
T5} 4/JIJIM LLIXQQYJ 21 f `
gg (L 16 J .f H ,4 D. g
g e 1er ey ;• • /
17 SUBSCRIBED AND SWOR TO b ore me this 17th ay of April, 2006, by
18 Jennifer Hadley Dioguardi, who is known to me personally.
19 ` _ 2
Notary ublic
21
22 My Commission Expires:
23 · · Q #9/» O S?
24
5 My clllmiciiitpayes ren. 21,2 6
2 6 "\."\.'\..':\·..'\.."\..""."\."\.*\2\§`-.·—»'
27
28 g
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