Free Memorandum - District Court of Arizona - Arizona

EXHIBIT C
Case 2:OO—cv-00663-HRH Document 755-4 Filed O4/17/2006 Page1 0f4

1 Laura Zeman (#014713)
geilingfer Hadley Dioguardi (#018380)
2 E L & WILMER L.1..1>.
One Arizona Center
3 4gO E. Van Buren
P oenix, AZ 85004-2202
74 EtTe17ephoneit(t6O2)73t82i6371 E E E E
Facsimile: (602) 382-6070
5 E-mail: [email protected]
]dlOgU3fdl@SWl&W.COm
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 Ingram Industries, Inc.
10
1 1 IN THE UNITED STATES DISTRICT COURT
12 FOR THE DISTRICT OF ARIZONA
1 wég Lemelsriqn Medécal, Education1& NO_ Cv-()1-()()653 pHX-HRH
.;§¤“§$ 14 R F ' , L` `
E2; p§;§§;hip°un mm mm AEEIDAVIT OF JENNIFER HADLEY
E 15 7 DIOGUARDI IN SUPPORT OF
E I Plaintiff INGRAM INDUSTRIES, INC.’S
CE 16 ° MEMORANDUM SUPPORTING ITS
§ v. MOTION FOR AN AWARD OF
17 ATTORNEYS’ FEES
18 Comp USA Inc., et al.,
19 Defendants.
20
21 STATE OF ARIZONA )
) ss.
22 County of Maricopa )
23
24 JENNIFER HADLEY DIOGUARDI, being first duly sworn, deposes and says
25 upon her oath:
26 1. I am a partner with the law firm of Snell & Wilmer L.L.P. I make this
27 affidavit of 1ny own knowledge, and I am competent to testify to the matters contained
herein.
28
ase 2:00-cv-00663-HRH Document 755-4 Filed O4/17/2006 Page 2 of 4

1 2. The law firm of Snell & Wilmer L.L.P. is counsel for Ingram Industries,
2 Inc. ("Ingram") in Cause No. CV-00-0663-PHX (HRH). I am one of the attorneys
3 responsible for handling this action as local counsel for the law firm of Merchant &
Ti iiiiiiii 7 GouldiLZIQlPT I I I iiiiii iiii it I it I 5
5 3. The document submitted herewith as Exhibit D to the Memorandum is a I
6 compilation of the contemporaneous time records and client billings prepared and
7 maintained by Snell & Wilmer in the regular course of business for Cause No. CV-00-
8 0663 (HRH). Exhibit D is an itemized statement of the hours, in tenths of an hour, of
9 attomey time expendedin this case. Exhibit D represents fees actually billed, or which
L 10 will be billed, to Ingram and for which Ingram has agreed to pay.
11 4. I have reviewed and approved of the time and charges set forth in Exhibit
g 12 D. The time spent and expenses incurred were those that would have been undertaken by
ig { 13 a reasonable and prudent lawyer to advance or protect his or her client’s interests in this
14 case.
15 5. The total attorneys’ fees incurred by Snell & Wilmer in this matter are
él 16 $1,601.50.
6 17 6. I was the Snell & Wilmer attorney who worked on this matter.
18 7. I am a partner at Snell & Wilmer and have been practicing commercial
19 litigation for over eight years. I assisted Merchant & Gould in substituting as counsel of
20 record, I monitored the filings of other parties in this matter and forwarded them to
21 Merchant & Gould and I also monitored and provided updates to Merchant & Gould
22 regarding the status of Symbol Technologies, Inc. v. Lemelson Medical, Education &
23 Research Foundation, Limited Partnership, then pending in the U.S. District Court for the
24 District of Nevada.
25 8. In 2001, my billing rate was $170 per hour. In 2002, my billing rate was
26 $185 per hour. In 2003, my billing rate was $205 per hour. In 2004, my billing rate was
27 $250 per hour. In 2005, my billing rate was $280 per hour and in 2006 my billing rate is
28 currently $310 per hour. These rates are reasonable and consistent with the rates of other
ase 2:OO—cv-00663-HRH Document 755Y4? ` Filed O4/17/2006 Page 3 of 4

1 lawyers in Marico a County at or about my level of ex erience in commercial litigation. I
P P
2 s ent a total of 6.90 hours on this matter for a total attorne fee expense of $1,601.50. _S£g
P Y
3 Exhibit D at p. 2. A ·
0 0 site 0 so as 91 as a Ingramahasapaidaoragreedate pay the foregoingtameunts. of c of be ·
5 I have read the foregoing document and know of my own knowledge that the facts
6 stated herein are true and correct. A
7 DATED this 17th day of April, 2006.
8 /,
9 · .
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I e nife adley Dio ; ·» rd
ll SUBSCRIBED AND SWO ’ N T efore me this 17th day of April, 2006, by
12 Jennifer Hadley Dioguardi, who is known to me personally.
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