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

INDEX Exhibit A Itemized Statement of Time

Case 2:02-cv-02036-MHM

1 Document 386-2

Filed 09/25/2007

Page 1 of 11

Erchonia Medical Inc., et al. v. Miki Smith, et al. United States District Court District of Arizona CIV02-2036-PHX-MHM Consolidated with CIV02-2048-PHX-MHM and CIV 02-2353-PHX-MHM Date 02/26/03 10/08/04 11/11/04 01/06/05 01/07/05 01/18/05 02/10/05 02/11/05 02/17/05 Attorney Hours $ Value Description IMS 8.00 2,480.00 Attend and take deposition of Miki Smith. IMS 5.00 1,550.00 Discussion with Tom Cole, Georgia Counsel re deposition of Jeanne Winner; Attend and take deposition of Jeanne Winner. IMS 4.00 1,240.00 Attend deposition of Kimberly Stockton. MAC 0.20 45.00 Discussion with IMS regarding witness interview of B. Brimhall and J. Ulery. MAC 0.20 45.00 Follow up with D. Engolia regarding contact numbers for J. Ulery and B. Brimhall; Review response from same. MAC 0.20 45.00 Discussion with D. Verstegen regarding interview of B. Brimhall and J. Ulery. MAC 4.00 900.00 Review and revisions to privilege log; work regarding discovery request to M. Smith. MAC 0.50 112.50 Review comments from IMS regarding M. Smith discovery; MAC 1.90 427.50 Discussion with IMS regarding motion to set aside preliminary injunction and discovery issues; revise and edit discovery to M. Smith; finish review of K. Stockton deposition; discussion with IMS regarding his discussion with Hartford and settlement analysis. MAC 1.20 270.00 Review e-mail with docketing information on Smith motion to extend time; work regarding response to same; follow up on draft letter to B. Lieb on discovery; finalize for mailing; review e-mail from IMS regarding inspection. MAC 0.70 157.50 Discussion with IMS regarding draft Response to Smith's Motion for Extension of Time, revise and edit accordingly; forward draft to M. Warzynski for comment, review response to same; finalize and file same. MAC 0.20 45.00 Review fax from R. Brunelli regarding Smith's discovery responses. MAC 0.40 90.00 Discussion with IMS regarding production of documents by M. Smith and issue on 2001 tax return, follow up on same. MAC 5.50 1,237.50 Work regarding M. Smith discovery. MAC 2.00 450.00 Follow up with Drs. Brimhall and Ulery regading M. Smith; review notes and potential exhibits on M. Smith depo; discussion with IMS regarding pending Matters. MAC 1.00 225.00 Review detailed message from Dr. Ulery regarding scheduling of

03/21/05

03/22/05

03/30/05 04/18/05 05/09/05 05/23/05

05/31/05

Case 2:02-cv-02036-MHM

2 Document 386-2

Filed 09/25/2007

Page 2 of 11

06/01/05

MAC

0.20

45.00

07/08/05 07/17/05 07/18/05

IMS IMS IMS

6.50 0.00 2.30

2,015.00 2.00 713.00

07/19/05

IMS

2.70

837.00

07/20/05

IMS

5.00

1,550.00

07/20/05 08/25/05 09/02/05

MAC MAC IMS

1.50 0.50 2.50

337.50 112.50 775.00

09/06/05 09/07/05

IMS MAC

0.30 0.50

93.00 112.50

09/08/05

IMS

4.00

1,240.00

09/08/05 09/09/05 09/12/05 10/31/05

MAC MAC MAC IMS

0.30 0.50 2.50 2.00

67.50 112.50 562.50 620.00

telephone call regarding M. Smith. Phone calls with Dr. Ulery's office regarding scheduling of teleconference; discussion with IMS regarding change in schedule for Gonzalez deposition and conference call with insurance Counsel. Attend deposition of Miki Smith. Prepare Statement of Facts in Support of Motion for Summary Judgment. Prepare and revise motion for summary judgment against Miki Smith; telephone conference with M. Warzynski re motions for summary judgment and statement of facts in support of motions; Legal research re undue influence and re dead man's statute. Prepare and Revise Motion for Summary Judgment on breach of contract claims; Telephone conference with M. Warzynski re preparation of statement of facts in support of Motion for Summary Judgment. Prepare and Revise Motion for Summary Judgment; Review draft of M. Warzynski Motion for Summary Judgment on issues related to Arizona consumer fraud count; Telephone conference with M. Warzynski to discuss Motion for Summary Judgment and concerns over Insurance company issues if insured claims are dismissed; Review multiple drafts of Settlement Agreement with Dr. Gonzalez and multiple telephone conferences with Frank Fox and client re same; Prepare proposed changes to Settlement Agreement; Telephone conference with D. Verstagen re coordination of summary judgment motions and to discuss Brmihall's pending settlement agreement with Dr. Gonzalez and its relation to Erchonia settlement agreement with Dr. Gonzalez. Review draft MSJ on M. Smith, forward comments to IMS. Review M. Smith responses; discuss briefly with IMS. Telephone conference with S. Shanks re reply to Miki Smith response to Motion for Summary Judgment and factual issues in response; Prepare draft reply. Telephone conference with G. Bueler re timing of reply brief. Review additional information on Reply Brief and statement of facts submitted by M. Smith; review draft reply; discussion with IMS regarding same. Prepare reply brief re Motion for Summary Judgment; Legal research re standards for undue influence, and locate case law rejecting conclusory allegations for Motion for Summary Judgment and inadmissibility of hearsay evidence. Review issues on reply brief. Work regarding Reply brief and revisions on same. Work regarding Reply brief, pull federal cites for same; discussion with IMS regarding issues addressed. Prepare for hearing on Motions for Summary Judgment; Telephone conference with M. Warzynski re argument on Motions for Summary

Case 2:02-cv-02036-MHM

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Filed 09/25/2007

Page 3 of 11

11/01/05

IMS

4.00

1,240.00

12/21/05

MAC

1.10

247.50

12/22/05 12/23/05

MAC MAC

0.70 0.30

157.50 67.50

12/27/05

IMS

1.40

434.00

01/03/06

IMS

1.60

496.00

02/15/06 01/11/07 01/12/07 01/16/07

IMS MAC MAC MAC

0.50 2.30 2.50 4.00

155.00 575.00 625.00 1,000.00

01/18/07

MAC

0.50

125.00

01/19/07

MAC

3.40

850.00

01/22/07 01/23/07 01/24/07 02/06/07

MAC MAC MAC MAC

2.80 2.00 2.30 4.00

700.00 500.00 575.00 1,000.00

Judgment. Prepare for hearing on Motions for Summary Judgment; Meeting with client re motions for summary judgment and to discuss issues related to lawsuit; Attend and present argument on Motions for Summary Judgment with Court. Review Order from Court on pending motions to strike and MSJ; forward copy to IMS via e-mail with summary on same; order docketing of necessary follow up regarding same. Discussion with Steve Shanks; forward copy of Order to same. Continued analysis of ruling and note of potential reconsideration of MSJ as to M. Smith; follow up on docketing of due dates for supplemental disclosure. Initial review of court order on multiple motions for summary judgment and related; Telephone conference with client re same; Telephone conference with M. Warzynski re implications of court order on possible settlement strategy and trial strategy and discussions re supplemental expert witness disclosures and implications of ruling in Colorado and Georgia actions. Extended conference call with M. Warzynski and S. Shanks to review impact of court order on summary judgment on case status and analysis of settlement position in advance of settlement conference; Telephone conference with client re settlement position; Telephone conference with client re note received from Rose Smith; Review of note. Review ruling on Motion for Summary Judgment to determine errors and prepare e-mail to M. Warzynski re request to correct errors. Work regarding Miki Smith file information and claims; trial issue organization. Continued work on Miki Smith file issues and identification of trial issues; trial and deposition organization. Continue review of information and remaining actions against M. Smith for trial setting; waiver of counterclaim; pull deposition on remaining defenses asserted. Review information regarding M. Warzynski files; discussion with I. Schwartz on claims and defenses organization and assessment of monetary claims. Research and prepare memo on issue of interest award and application of federal or state law on matter; discussion with I. Schwartz on same; prepare calculation of accrued interest charges. Work regarding M. Smith claims; discussion with I. Schwartz on settlement matters and conversation with R. Brunelli. Review of Moroney 2003 deposition regarding M. Smith references. Finish pulling references on Winner and M. Smith from REM/Moroney transcripts. Document review at M. Warzynski's office; itemize list of information on same; review and scanning of deposition summaries.

Case 2:02-cv-02036-MHM

4 Document 386-2

Filed 09/25/2007

Page 4 of 11

02/08/07 02/16/07 02/19/07 04/02/07 04/03/07 04/04/07 04/05/07 04/12/07

MAC MAC MAC MAC MAC MAC MAC IMS

0.90 3.50 0.30 5.00 1.60 4.50 2.70 1.20

04/12/07

MAC

1.70

04/13/07

MAC

1.60

04/17/07

IMS

0.60

04/20/07 05/03/07 05/08/07 05/09/07 05/09/07 05/10/07

IMS MAC IMS IMS MAC IMS

0.50 0.20 0.50 0.40 0.80 0.60

05/10/07

MAC

0.30

05/14/07 05/15/07

MAC MAC

0.20 0.40

225.00 Match up deposition documents and transcripts; forward e-mail to I. Schwartz and S. Edel regarding documents missing on same. 875.00 Review of July 2005 Miki Smith deposition, designate waiver issues on counterclaims and information on remaining claims against same. 75.00 Finalize document list and forward to M. Warzynski for requested copies. 1,250.00 Review documents from M. Warzynski; review additional deposition trasncripts from Warzynski's office. 400.00 Continue review of deposition transcripts from M. Warzynski. 1,125.00 Continue review of deposition transcripts. 675.00 Continue review of Warzynski documents and deposition transcripts. 372.00 Review court order entering judgment against all parties except remaining claims against M. Smith; Forward copy of same to client; Analysis of need to file status report and request for final pretrial conference; Telephone conference with G. Bueler re Miki Smith need to make firm Settlement proposal. 425.00 Review Orders entered by Judge Murguia in consolidated Arizona action; forward e-mail to Warzynski on sealed, court copies of depositions for trial use. 400.00 Work regarding information on remaining claims; review issue with form of order and error in claim reference number; discuss same with I. Schwartz; review court's order on joint report on status, discuss correction in light of same. 186.00 Prepare and file motion for corrected judgment with court; Telephone conference with G. Bueler re issues related to Federal Court jurisdiction for draft status report to court; Forward draft status report to G. Bueler for review. 155.00 Exchange emails with G. Bueler regarding status report; Revise status report and file same with court. 50.00 Conversation with Chris from M. Warzynski's office on sealed deposition transcripts for court. 155.00 Review email from client with Miki Smith formal notice of something; Exchange emails with G. Bueler re same. 124.00 Review and analysis of recent submission by Miki Smith and options for responding to same. 200.00 Discussion with I. Schwartz; review of correspondence from M. Smith to S. Shanks. 186.00 Telephone conference with G. Bueler re recent documents submitted by M. Smith and response to same and need for additional information. 75.00 Review e-mail from Warzynski's office on depositions; discuss options on Court copies for trial use with I. Schwartz; follow up with Warzynski's office on same. 50.00 Discussion with I. Schwartz on evidence needed for Trial. 100.00 Receipt of box of documents from Warzynski; general review of same with instructions to S. Edel on organization for file. 5 Document 386-2

Case 2:02-cv-02036-MHM

Filed 09/25/2007

Page 5 of 11

05/17/07 05/22/07

MAC IMS

0.20 0.80

06/12/07 06/12/07 06/14/07 06/15/07 06/20/07

IMS MAC MAC MAC IMS

0.40 0.20 0.30 0.40 2.20

06/20/07

MAC

2.50

06/21/07

IMS

0.70

06/21/07 06/22/07 06/25/07 06/26/07 06/27/07

MAC MAC MAC MAC IMS

2.80 6.60 4.00 4.10 1.00

06/27/07 06/28/07 06/29/7

MAC MAC MAC

2.20 3.50 5.20

07/02/07 07/03/07 07/03/07 07/05/07

MAC IMS MAC IMS

1.40 1.70 5.30 2.10

50.00 Follow up with I. Schwartz on status for trial setting and communication with G. Bueler. 248.00 Review email from client re Miki Smith latest "Constructive Notice" document; Prepare and revise letter to G. Bueler in response to Miki Smith latest documents re Constructive Notice document. 124.00 Prepare and file Motion to Set Final Pretrial Conference. 50.00 Brief discussion with I. Schwartz on status of Smith case and requesting conference; review draft motion on same. 75.00 Pull information from file on claims. 100.00 Review order from Court on status hearing; docket same. 682.00 Attend Status Conference with court to set trial date; Conference with Miki Smith counsel re lack of contact from his client; Review court form for proposed pretrial order; Telephone conference with client re same; Office conference with M. Cordier re status of J. Winner matter and review documents re pro hac vice admission in Georgia; Review answer to opposition proceeding filed by S. Etherton. 625.00 Discussion with I. Schwartz on status conference; attend same and discuss issues of pending Order; review form for Joint Proposed Pretrial Order. 217.00 Review court order setting trial date; Analysis of witnesses and exhibits needed for trial and for inclusion in joint pretrial order; Office conference with M. Cordier re preparing proposed jury instructions. 700.00 Work regarding information for Pre-trial order (2.7); review Court Order on trial setting (.1) 1,650.00 Work regarding deposition designation for Miki Smith, L Guzman, R. Amy and Kim Stockton for Joint Pre-Trial Order. 1,000.00 Work regarding Pre-trial deposition designations for J. Brimhall. 1,025.00 Continued work on Pre-trial Order, complete deposition designations for J. Brimhall, review transcript for N. Moroney. 310.00 Office conference with M. Cordier re voir dire issues; Analysis re same and Telephone conference with court requesting information on standard voir dire questions used by J. Murguia; Prepare joint pretrial order. 550.00 Continued work on depsosition designations; discussion with I. Schwartz on jury voir dire and strategy on deposition of M. Smith. 875.00 Continue work on deposition designations for G. Gonzales. 1,300.00 Finish G. Gonzales deposition designations; deposition designations for R. Moroney deposition and REM deposition; review Motion to Withdraw filed by M. Warzynski. 350.00 Finish review of REM deposition for designations. 544.00 Prepare joint pretrial statement, including preparation and analysis of voir dire questions. 1,325.00 Work regarding Jury Instructions and Pretrial Order. 672.00 Continued preparation of joint pretrial statement, including 6 Document 386-2

Case 2:02-cv-02036-MHM

Filed 09/25/2007

Page 6 of 11

07/05/07 07/06/07 07/09/07

MAC MAC IMS

3.60 2.10 5.80

900.00 525.00 1,856.00

07/09/07 07/10/07

IMS IMS

0.10 3.00

25.00 960.00

07/12/07

IMS

2.40

768.00

07/13/07

IMS

2.30

736.00

07/16/07

IMS

3.50

1,120.00

07/16/07

MAC

3.70

925.00

07/17/07 07/17/07

IMS MAC

0.20 0.30

64.00 75.00

preparation and analysis of proposed uncontested facts; Review and analysis of P. DeAngelis deposition transcripts to determine if they can assist in breach of fiduciary duty claims against M. Smith. Review e-mail with information for Pre-Trial Order; revise and edit accordingly; review proposed jury voir dire questions; Review e-mail from I. Schwartz with revised draft Pre-Trial Order; work regarding modifications and additions to same. Continued preparation of joint pretrial statement, including preparation of proposed jury instructions on issues of conversion, and breach of fiduciary duty; Legal research on restatement of agency to support proposed jury instructions; Telephone conference with client re case status; Telephone conference with G. Bueler re preparing joint pretrial statement and questions about his continued representation of Miki Smith; Prepare motion in limine regarding M. Smith testimony about Chuck Shanks. Review and respond to e-mail from I. Schwartz on information from Gordon Bueler. Prepare and revise joint pretrial order and proposed jury instructions, prepare verdict forms, review M. Smith deposition regarding signing of promissory note, prepare and revise proposed uncontested facts. Prepare joint pretrial motion, including research re case law to support elements of causes of action, prepare Plaintiff's statement of contentions and prepare proposed statement of contested issues of law and fact and Plaintiff's position on each issue; Telephone conference with G. Bueler re Miki Smith issues and request for Miki Smith to have direct conversation with counsel. Prepare and revise Joint Pretrial Order, including update list of witnesses, revise list of exhibits and forward revised Agreement to G. Bueler for review; Review documents and exhibits for trial and prepare trial exhibit notebook; Review and Revise motion in limine. Prepare joint proposed joint pretrial order and proposed jury instructions, prepare revision to same; Telephone conference with G. Bueler re same; Telephone conference with client re same; Review comments on same from G. Bueler and Miki Smith proposed jury instructions; Prepare alternate proposed jury instructions; Review and Revise motion in limine; Electronically file same. Review draft proposed pre-trial order, discuss suggested modifications with I. Schwartz; review draft motion in limine, discuss same with I. Schwartz and possible additional motion on duress argument; discussion with I. Schwartz on evidentiary issues on testimony about statements of Chuck Shanks; review and discuss additions from G. Bueler; review revised motion in limine; discussion with I. Schwartz on proposed jury instructions and objections to same; work regarding additional proposed jury instructions. Forward copy of proposed joint pretrial order to court. Follow up on Court copies of filings; review e-mail to Judge 7 Document 386-2

Case 2:02-cv-02036-MHM

Filed 09/25/2007

Page 7 of 11

07/30/07

IMS

0.60

192.00

07/30/07

MAC

0.50

125.00

07/31/07 07/31/07

IMS MAC

0.30 1.50

96.00 375.00

08/01/07 08/01/07 08/02/07

IMS MAC IMS

0.30 0.60 0.30

96.00 150.00 96.00

08/02/07 08/10/07 08/10/07 08/13/07

MAC IMS MAC IMS

0.30 2.30 0.20 2.50

75.00 736.00 50.00 800.00

08/13/07

MAC

7.20

1,800.00

08/14/07 08/14/07

MAC MAC

3.00 0.60

750.00 150.00

08/15/07 08/15/07 08/16/07

MAC MAC IMS

0.70 0.50 1.80

175.00 125.00 576.00

08/16/07

MAC

1.60

400.00

Murguia regarding same; review e-mail from Judicial Assistant for Judge Murguia on exhibit labeling and process. Review Letter from Miki Smith with purported offer to settle claims; Telephone conference with G. Bueler re same; Analysis of responding to same and potential impact on lawsuit. Review Court order on pending deadlines for information to Court on trial; follow up with S. Edel on same; review offer from M. Smith, discussion with I. Schwartz on same. Review Letter from Miki Smith re settlement proposal and analysis of responding to same. Coordinate ordering of original transcripts; pull information on equipment checked out by M. Smith and testimony of J. Winner and K. Stockton. Telephone conference with client re status of case against Miki Smith and latest "offer" from Miki Smith. Pull and review additional documents and notes on statements from G. Gonzalez regarding Miki Smith. Review and analysis of options in dealing with ruling on Motion in Limine re Chuck Shanks testimony and rebutting testimony of Miki Smith. Discussion with I. Schwartz on strategy on trial and evidentiary issue on motion in limine. Prepare for pretrial conference. Discussion with I. Schwartz about pre-trial hearing and scheduling review of courtroom technology for trial. Prepare for and attend pretrial conference; Review letter from Miki Smith to G. Bueler re attempt to end representation and analysis of same for upcoming OSC hearing. Discussion with I. Schwartz on trial strategies and argument on pending motions; meeting with client; pre-trial conference hearing; detailed discussion with I. Schwartz regarding same. Research on sanction for failure to appear and possible default judgment; discussion with I. Schwartz on options on sanctions. Prepare letter to R. Moroney in regard to original deposition transcripts; phone conversations with Neil Moroney on transcripts and delivery of same; order follow up with Court reporter on original transcript for Brimhall. Work regarding sanctions motion against M. Smith and research on same. Follow up on Gonzalez and Brimhall deposition transcripts for Court; docket time for receipt. Review information re Miki Smith source for latest letter; Prepare joint statement of case; Forward same to G. Bueler for comment; Research re available sanctions for failure to appear at hearing. Discussion with I. Schwartz on information from M. Smith, preparation of joint statement of case, and issue of withdrawal of G. 8 Document 386-2

Case 2:02-cv-02036-MHM

Filed 09/25/2007

Page 8 of 11

08/17/07

IMS

2.30

736.00

08/17/07 08/17/07 08/20/07 08/20/07

MAC MAC IMS MAC

3.40 0.20 0.90 0.30

850.00 50.00 288.00 75.00

08/21/07

IMS

1.50

480.00

08/21/07 08/21/07

MAC MAC

0.20 0.90

50.00 225.00

08/22/07

IMS

1.40

448.00

08/22/07 08/23/07

MAC IMS

1.30 1.30

325.00 416.00

08/23/07 08/24/07 08/27/07 08/27/07

MAC IMS IMS MAC

0.60 0.30 0.20 1.70

150.00 96.00 64.00 425.00

08/28/07 08/29/07

MAC IMS

2.00 1.00

500.00 320.00

08/29/07

MAC

1.30

325.00

Buehler; review draft Joint Statement, forward comments to I. Schwartz. Prepare and revise joint statement for case; Telephone conference with G. Bueler re same and representation of Miki Smith; Review case law on impact of failure to attend pretrial conference; Attend hearing on OSC. Work regarding pending motions and sanctions issues; research and strategy on same; attend OSC hearing on same. Discussion with I. Schwartz on preparation of first draft for recommendations on sanctions and response on motion to withdraw. Analysis of options in seeking sanctions for contempt; Prepare memo to judge re available sanctions. Receipt and review of duplicate original transcript for Dr. Gonzalez; review correction sheet for same; review Court minutes from OSC hearing. Review Gordon Bueler's motion to withdraw as counsel; Review legal research on sanctions for failure to comply with rules; Prepare draft memorandum on request for appropriate sanctions. Receipt of original transcript for J. Brimhall, invoice and signature/correction sheets on same. Forward research information to I. Schwartz on sanctions issues; review motion to withdraw as counsel, forward copy to I. Schwartz and S. Shanks; exchange of e-mails with I. Schwartz on same. Review Gordon Bueler's motion to withdraw as counsel; Prepare and revise memorandum re sanctions for contempt against M. Smith; Prepare response re motion to withdraw as counsel. Discussion with I. Schwartz; review draft of Memorandum on Sanctions, forward comments and suggested changes on same. Prepare response to motion to withdraw as counsel; Legal research re attorney limitations once he is given notice of termination of representation; Prepare and revise memo re contempt sanctions. Review draft response to motion to withdraw; review revised draft of Memorandum on sanctions and forward suggested revisions on same. Finalize and file response to motion to withdraw and memo re contempt sanctions. Review court minute entry order requiring Miki Smith to attend hearing on contempt sanctions and withdrawal of counsel. Pull information for hearing on Withdrawal and Sanctions; review Court order on hearing for sanctions; discussion with I. Schwartz on same. Review deposition designations for possible short trial on declaration. Office conference with M. Cordier re preparation for trial and alternative preparation in the event of a default hearing; Review client deposition and notes in preparation for trial. Discussion with I. Schwartz regarding trial preparation and witness 9 Document 386-2

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08/30/07 08/31/07 09/04/07 09/04/07 09/05/07

MAC MAC IMS MAC IMS

0.40 0.10 2.80 2.50 0.40

100.00 25.00 896.00 625.00 128.00

09/05/07

MAC

4.70

1,175.00

09/06/07 09/06/07 09/07/07

IMS MAC IMS

3.00 2.90 1.50

960.00 725.00 480.00

09/07/07

MAC

2.30

575.00

09/10/07

MAC

1.80

450.00

09/11/07

IMS

0.40

224.00

09/11/07

MAC

0.80

200.00

09/12/07 09/12/07 09/14/07 09/16/07 09/17/07 09/17/07

IMS MAC IMS IMS IMS MAC

2.40 1.80 2.30 1.50 3.20 1.60

768.00 450.00 736.00 480.00 1,024.00 400.00

preparation for S. Shanks; organize information for trial. Instructions to S. Edel on information needed for trial; follow up with I. Schwartz on same. Follow up on Winner deposition excerpts with S. Edel. Review depositions of Steve Shanks, in preparation for trial; Prepare trial outline. Trial preparation; prepare for hearing; discussion with I. Schwartz and S. Shanks regarding same. Telephone conference with M. Cordier re results of hearing to discharge G. Bueler as Smith counsel and to enter sanctions against Miki Smith. Prepare for and attend hearing on sanctions and motion to withdrawal; converstations with I. Schwartz and S. Shanks regarding Court's rulings on same. Meeting with S. Shanks to prepare for testimony at trial against Miki Smith. Pull exhibits for damages evidence; update memo on interest on note; review information on pre-judgment interest on conversion claim. Prepare for trial against Miki Smith; Review exhibits for use at trial or at default hearing; Discussion with M. Cordier re results of hearing on sanctions and needed items for trial or default hearing and preparing proposed statement of facts and discussion regarding claim for attorneys fees and calculation of damages. Discussion with I. Schwartz regarding trial material preparation; prepare information to use in damages presentation if judgment entered; review interest claim and calculations with I. Schwartz Finalize information and forms required for submitting trial exhibits, witness lists and depositions to court clerk; forward deposition references to I. Schwartz with damages testimony. Telephone conference with court to arrange for delivery of exhibits and witness list; Review list of exhibits; Office Conference with M. Cordier re use of deposition transcripts; Arrange to review courtroom for use of courtroom electronics. Coordinate exhibit labeling with S. Edel; discussion and review with I. Schwartz on pending matters and scheduling meeting with Deputy Clerk; Review courtroom equipment for presentation to judge; Review depositions for trial, and review of exhibit listing. Meeting with Court personnel on courtroom equipment. Prepare for trial/default hearing against Miki Smith; Review deposition sections from Kim Stockton and J. Winner for hearing. Prepare for Miki Smith trial, and prepare for cross examination of Miki Smith in case he appears at trial. Meeting with S. Shanks to prepare for Miki Smith Trial; Prepare for trial. Discussion with I. Schwartz on trial preparation and damages; 10 Document 386-2

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09/17/07 09/18/07 09/18/07 09/18/07 09/19/07 09/19/07 09/19/07 09/20/07 09/20/07 09/20/07 09/20/07 09/21/07 09/21/07

MAC IMS MAC MAC IMS MAC MAC IMS MAC MAC MAC IMS MAC

1.60 3.00 3.20 0.70 0.40 0.20 2.50 1.60 0.20 0.40 0.40 1.50 1.00

400.00 960.00 800.00 175.00 128.00 50.00 625.00 512.00 50.00 100.00 100.00 480.00 250.00

meeting with S. Shanks and I. Schwartz on trial preparation. Review additional references on damages and coordinate with I. Schwartz regarding information for Court. Attend trial against Miki Smith and obtain judgment for client. Attend Trial against M. Smith; review with client. Work regarding form of judgment. Review draft of proposed form of judgment; Prepare request for attorneys' fees. Review letter from M. Smith to Erchonia. Work regarding proposed form of judgment and statement of costs and details on attorneys' fees application. Review draft of proposed form of judgment; Prepare request for attorneys fees. Follow up on review of proposed judgment and bill of costs. Review requested revisions to proposed form of judgment; revise and edit accordingly; follow up on Statement of Costs. Review draft Application for Attorneys' Fees, forward comments to I Schwartz on same. Prepare and revise motion for award of attorneys' fees and related documents. Follow up on status on calculating Statement of Costs; review rule for identification of items on same; review time entries for Application for Fees.

Summary Of Hours

Attorney

Hours

Rate from Jan. 2005 thru Dec. 2006 310.00 225.00

Ira M. Schwartz Michael A. Cordier Total Hours

103.70 176.10 279.80

Rate from Jan. 2007 thru June 2007 310.00 250.00

Rate from July 2007 to Present 320.00 250.00 Total Costs

Total

$38,160.00 $44,272.50 $82,432.50

*I. Schwartz refers to Ira M. Schwartz and M. Cordier refers to Michael A. Cordier.

Case 2:02-cv-02036-MHM

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