Free Declaration - District Court of Arizona - Arizona

MEYER
HENDRICKS
PLLC
ATTORNEYS AT LAW
§;§""‘°"°*‘°"R°‘ I Ed Hendricks, Sr. (Arizona Bar No. 002359)
Phoenix, Arizona
850*6 2 3131 East Camelback Road, Suite 310
Telephone Phoenix, Arizona 85016
60z-604.2r00 3 Telephone Number: (602) 604-2100
§;fgQQ'f’5m 4 C. Frederick Reish (Arizona Bar No.: 002408)
Michael A. Vanic (California Bar No.: 073486) (pro hac vice)
5 REISH LUFTMAN REICHER & COHEN
11755 Wilshire Boulevard, 10th Floor
6 Los Angeles, CA 90025-1539
7 Telephone Number: (310) 478-5656
8 Attorneys for Defendants Charles M. Brewer,
Charles M. Brewer, Ltd. Profit Sharing Plan and Trust,
9 Charles M. Brewer, Ltd. Restated Pension Plan
10
ll UNITED STATES DISTRICT COURT .
12 DISTRICT OF ARIZONA
13
Stuart J. Reilly,
14 CASE NO.: CIV 02 2218 PHX BTM
Plaintiff,
15 DECLARATION OF ED HENDRICKS,
vs. SR. IN SUPPORT OF DEFENDANTS’
16 MOTION FOR ATTORNEYS’ FEES
Charles M. Brewer, Ltd., Profit Sharing PURSUANT TO ERISA § 502(g)(1), 29
17 Plan and Trust, a retirement plan; Charles U.S.C. § 1132(g)(1), AND LOCAL
M. Brewer, Ltd. Restated Pension Plan, a RULE 54.2
18 retirement plan; Ross Gordon and
Associates, Inc., a corporation; and Charles
19 M. Brewer,
20 Defendants. —
21
Defendants Charles M. Brewer, Charles M. Brewer, Ltd. Profit Sharing Plan and
22 .
Trust, Charles M. Brewer, Ltd. Restated Pension Plan
23
DECLARATION OF ED HENDRICKS, SR.
24
25 Ed Hendricks, Sr., states and declares as follows: '
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1 1. I am an attorney with the law firm of Meyer Hendricks, PLLC ("Meyer
2 Hendricks") and am admitted to practice in the State of Arizona. Throughout the
3 pendency of this case, my current firm, its predecessor Meyer Hendricks & Bivens
4 ("MHB"), and I have served as co-counsel of record with Michael Vanic of Reish
5 Luftman Reicher & Cohen ("Reish Luftman") for Defendants Charles M. Brewer,
6 Charles M. Brewer, Ltd. Profit Sharing Plan and Trust, Charles M. Brewer, Ltd. Restated
7 Pension Plan ("Defendants"). Throughout this timeframe, Mr. Vanic served as lead
8 counsel and my firm served as local counsel pursuant to 17A A.R.S. Sup. Ct. Rule 38(a).
9 2. Attached as Exhibit A to this Affidavit are MHB’s and Meyer Hendricks’
10 billing statements from June 2004 through August 31, 2006, describing the time recorded
ll by professionals at MHB and Meyer Hendricks in connection with Defendants’ defense
12 against Plaintiffs claims. This detailed description of time contains the identity of the
13 professionals working on this matter, the amount of time expended (measured in tenths of
14 an hour), and a brief description of the work performed on a daily basis, redacted to
15 eliminate privileged information. The document also summarizes the total amount of
16 fees based on the regular hourly rates of the professionals for the work performed.
17 3. The regular hourly billing rates for each professional rangeifrom $50.00
18 (paralegal assistant) to $450.00 (senior member). These rates were established by MHB
19 and Meyer Hendricks by taking into account the nature of the matter and each
20 individual’s experience and training.
21 4. As a result of my interaction with other law firms that practice commercial
22 litigation in the Phoenix legal community, I am familiar with the rates regularly charged
23 by lawyers and paralegals for such work. The rates charged by MHB and Meyer
24 Hendricks for the time expended by professionals in this matter are comparable to the
25 / / /
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Ca e 2:02-cv-02218-BTIVI-LSP Document SOT2 - Filed O9/14/2006 Page 2 of 4

1 rates regularly charged in similar matters by other lawyers and paralegals in this
2 community with similar background and experience.
3 5. As reflected in Exhibit A, applying the professionals’ agreed-upon hourly
4 rates to the work performed, Defendants incurred and paid MHB and Meyer Hendricks
5 $179,063.50 in attomeys’ fees, all of which were related to Defendants’ defense against
6 P1aintiff’ s claims.
7 6. After reviewing the time sheets and evaluating the time necessarily
8 incurred, it is my opinion that the requested attomeys’ fees are reasonable and
9 appropriate under the circumstances.
10 I declare under penalty of perjury under the laws of the United States `of America
11 that the foregoing is true and correct.
12 Executed this jg day of September, 2006, at Phoenix, Arizona.
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15 s/ Ed Hendricks, Sr.
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1
CERTIFICATE OF SERVICE
2
I hereby certify that on September 14, 2006, I electronically transmitted the
3 attached document to the Clerk’s Office using the CFM/ECF System for tiling and
transmittal of a Notice of Electronic Filing to the following CM/ECF registrants:
4
Edwin F Hendricks, Sr. -- [email protected]
5
Stuart J . Reilly -- [email protected], [email protected]
6
C Frederick Reisch, Jr. — [email protected], [email protected]
7
Michael A Vanic — [email protected], [email protected]
8
9 Courtesy copy of the attached document sent via Federal Express this 14th day of
September, 2006 to:
10
The Honorable Barry Ted Moskowitz _
1] United States District Court
5 160 Courthouse
12 940 Front Street
San Diego, CA 92101
13
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15 s/ Ed Hendricks, Sr.
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457963
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