Free Appendix - District Court of Delaware - Delaware

Case 1:04-cv-00163-GMS 309-4 Filed 10/25/2006 Page of 27 by Durki with the scope of the discovery requestsDocumentand Federal. If they have been produced ,1please production
iden tify those bates numbers for us; otherwise , please make arrangements for the imediate

and delivery of those documents so that they are avaiable for the deposition on Friday. I have to that Carl Luft and/or the City Secretary has some record of what was provided to Counci members in advance off for the public meetigs.

believe

Another area of our discovery that we have propounded , but to date not been received , relates to the production of electronic me data. Unless I am mistaken , we have not received any electronic ftes a pertaig to ths project from the City. Certaily the electronic ftes residig on the server drves on, the , Carol Houck City computer network system and/ or the desktop/notebook computers of Carl Luft
Mayor , the City Secretar and others in the City employ who were involved in generatig, transmittig or receiving any electronic data on ths project , whether in the form of e-mai messages or other documents fal with the ambit of Durki and Federal's previous document discovery requests--see DefInitions

anticipatig litigation in the fal of 2003 when there were discussions concerng a potential termiation Durki' s contract , we trst that appropriate controls to secure the retention of al such data were put in place at or about that time. Initially, we wi need a representation as to the natue , volume and location of , if any, electronic electronic data generated and maitaed by the City relatig to ths project , and what maitaied. At that point we can information has not been preserved and the reasons why it was not discuss the most expeditious manner of makig those records avaiable for our inspection or simply copied to CD- ROMs/DVD disks , and we can make our IT consultants avaiable to work with the City in that regad to the extent requied. In the event that the City, for whatever reason , is not prepared to provide prompt access to ths data , we wil involve the Court to compel production of ths information.

section of the respective document requests. Since Mr. Kalbacher testifIed yesterday that the City was

from the Court on the Executive session materials , from Finaly, although we haven t received any your e-mais and our discussions , one of the positions you advanced was that we would be able to obtain , Mi:. Kabacher the same or substantiy simar information though the deposition process. However deposition testiony confied that is not the case; in fact , he could not recal the substance of what was discussed at any parcular Executive session meetig, but instead recounted that the documents that were refreshig his provided to Council and/or generated in the course of the Executive sessions would aid in recollection of, and accurately reflect , what was discussed and decided at those particuar sessions. Since requestig is avaiable from alternate ths clearly displaces your arguent that the information we are and clear riht to confront and sources (i. , deposition testiony), and we have both a compellg need s briefig backgound and reasons underlyig the chalenge the factual and legal efficacy of the Counci' termation , I am requestig that you reconsider your refusal to provide those documents to us. Without your agreement to produce those documents , we intend to supplement our letter briefs to the Court to reflect ths additional development.

rug

Regads
David.

David T. Bolger , Esquie
Powell, Trachtman, Logan, CaTTle Lombardo, p,

475 Allendale Road, Suite 200 19406 King of Prussia, P
(610) 354- 9700, x131 (610) 354-9760 fax (610) 304- 7398 mobile

2/10/2006

Case 1:04-cv-00163-GMS dbo/grfowe IItradJlman. com.
UlwlI.j
1velltracht1Jan.

Document 309-4

Filed 10/25/2006

Page 2 of 27

com
onlY

VIS CLAIMER'

for the use of the files or attachments, is intended hereby addresee(s) and may contain privileged or confdential information. If you are not the named addressee(s),you are or other use of any information contained in this electronic transmission notifed that any dissemination, distribution, copying

This communication, along with any documents,

is strict(y prohibited, If you have received this electronic communication in printing or saving any to this electronic message and destroy the original communication and all attachments without reading,

errr, please notify the sender

immediatelY by replY

ojthe information in any manner. Thankyou.

2/10/2006

Case 1:04-cv-00163-GMS

Document 309-4

Filed 10/25/2006

Page 3 of 27

EXHIBIT K

~~~;;----------- -------" "'------Case 1:04-cv-00163-GMS Paul A. Logan Document 309-4 Filed 10/25/2006

J) Page 4 of 27 Ov

1t,d

To: David T. Bolger
Subject: Re: D. M.

Sent:

;CO Thursday, February 09, 200611:37 AM

;el

Cc: Arena , Samuel; Kingsley, Patrick; Jim Green; jseitzcmsvglaw. com; Paul A. Logan
Durkin, City of Newark

Gentlemen,

1. This wil confinn that we wil be taking the deposition of Mayor Vance Funk tomorrow at 10 a. (ending at 1 p. ) at Roger Akin s offce at 1220 Market Street, Suite 300. Please bring your calendars depositions (and a list of who you want to depose; for my side, I want to depose to discuss anyone you intend to present at trial).

fuer

2. On the thee items

below in Bolger s

letter:

A. As to " briefmg
sets by next week.
B. On

packets

" we are gathering those now and hope to be able to provide you with copy

email, we are looking into this now. I thought print outs of aui relevant emails had been produced but we will look into this in more detal now since David raised the issue. And I object to the theat that you wil go to the cour if we don t provide " prompt access " as you demand. I think it is incumbent upon us all to work these issues out and I am confident we can do that.
C. Lastly, I disagree with David' s statements
Regards, Paul

s to Executive Session minutes , paricularly as we have

only deposed one participant (and he' s not done).

Paul Cottrell, Esq. Tighe , Cottell & Logan , P. 704 North King Street Suite 500 Wilmington, DE 19801 302- 658- 6400 302- 658- 9836 Fax
--- Original
From:

Message
law. cof!
Paul A. Logal1

David T. Bolger Paul Cottrell To: Arena. Samuel Kingsley. Patrick Jim Green jseitz Cc: Sent: Tuesday, February 07 , 2006 3:40 PM Subject: D. M. Durkin , City of Newark

Paul - in discussing yesterday s deposition with Paul Logan , he indicated that Mr. Kalbachet testified written tl briefig packetss , wete provided by Carl Luft to the Council members at their that

cert

residences prior to Council meetigs , and that Mr. Kalbacher indicated that he did not retai any copies of wate that any such documents existed , but they are certaily those documents. We were not pteviously

2/10/2006

plCii:JC Dy lJurK1 with the scope of the ctscovery requestsDocumentana reaeraJ. JI mey nave; ue;e;u prUUUI,I;U ,5 of 27 Case 1:04-cv-00163-GMS 309-4 Filed 10/25/2006 Page imediate production

identify those bates numbers for us; otherwise , please make arrangements for the believe and deliver of those documents so that they are avaiable for the deposition on Friday. I have to some record of what was provided to Counci members in that Carl Luft and/ or the City Secretary has advance off for the public meetigs.
, relates to the Another area of our dicovery that we have propounded , but to date not been received production of electronic me data. Unless I am mistaken , we have not received any electronic mes a pertaig to ths project from the City. Certaiy the electronic fies residig on the server drves on, the , Carol Houck City computer network system and/ or the desktop/notebook computers of Carl Luft

Mayor , the City Secretar and others in the City employ who were involved in receiving any electronic data on ths project, whether in the form of e-mai messages or other documents, fal with the ambit of Durki and Federal's previous document discovery requests--see Defitions

generatig, transmittig or

section of the respective document requests. Since Mr. Kabacher testifIed yesterday that the City was anticipatig litigation in the fal . of 2003 when there were discussions concerng a potential termiation Durki' s contract, we trst that approprite controls to secUre the retention of al such data were put in Initilly, we wi need a representation as to the nature , volume and location of place at or about that , and what, if any, electronic electronic data generated and maitaed by the City relatig to ths project was not maitaied. At that point we can information has not been preserved and the reasons why it records avaiable for our inspection or simply copied dicuss the most expeditious manner of makig those consultats avaiable to work with the City in that to CD-ROMs/DVD disks , and we can make our IT , is not prepared to provide regad to the extent requied. In the event that the City, for whatever reason prompt access to ths data , we wil involve the Court to compel production of ths information.

tie.

from the Court on the Executive session materis , from Finaly, although we haven t received any your e-mais and Ol;r discussions , one of the positions you advanced was that we would be able to obtain , Mr. Kabacher the same or substantilly simar information though the deposition process. However deposition testiony confied that is not the case; in fact, he could not recal the substace of what was discussed at any parcular Executive session meetig, but instead recounted that the documents that were refreshig his provided to Counci and/or generated in the course of the Executive sessions would aid in particuar sessions. Since recollection of, and accuately reflect , what was discussed and decided at those requestig is avaiable from alternate clearly displaces your arguent that the information we are and clear riht to confront and sources (i.e. , deposition testiony), and we have both a compellg need reasons underlyig the chalenge the factual and legal effcacy of the Counci' briefi backgound and Without termation, I am requestig that you reconsider your refusal to provide those documents to us. to Cour your agreement to produce those documents , we intend to supplement our letter briefs to the refle ct ths additional development.

rug

th

Regads
David.

David T. Bolger , Esquie
Powell, Trachtman, Logan, CaTTle

Lombardo, P.

475 Allendale Road, Suite 200 19406 King of Prussia, P (610) 354- 9700, x131 (610) 354-9760 fax
(610) 304- 7398 mobile

2/10/2006

rlbo/grfowelitrat'htman. com.

01vefltracht1Jart. com

Case 1:04-cv-00163-GMS

Document 309-4

Filed 10/25/2006

Page 6 of 27

DISCLIMER- This communication, along with any documents, files or attachments, is intended onlY for the use of the
addressee(s) and may contain privileged or confidential information. If you are not the named addresee(s),you are any information contained in this electronic transmission notifed that any dissemination, distribution, copying or other use of
is strctlY prohibited. Ijyou have reeived this electronic communication in errr, please notify the sender all attachments without reading, printing or saving any to this electronic message and destroy the original communication and
of the information in any manner.
immediatelY by replY

hereby

Thankyou.

2/10/2006

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Case 1:04-cv-00163-GMS

Document 309-4

Filed 10/25/2006

Page 7 of 27

plTY OF NEWARK

Detaware

. December 9, 2003
'r..
. 0

TO:

Mayor Harold F. Godwin Members of Cit Council
Luft,

FROM: Cart F.

Cit Manager
I.,

SUBJ: , Weter Reservoir Meeting

.I

I " :..ot..

We had 8 major meeting this morning with aU ' companies and people Involved In the dispUte over th consucton of our water reservoir. These' Included Paul Cottell and VIky Petrone from TIhe, Cottell & Logan (our attorneys In th.ls matter), URS, Roger Akin, me and staff, DU(kin Constrction Companv, their attorny and enginering consultant, and a representatve from the suretY bonding company. Needless to sa. it ' was 8, Iarge contingent.
that they intend to do nothing more In the way of safety, protection or constucton, , until such time the Impasse on' the liner Issue Is settled, 'at least In their opinion. , Eah.

Unfortunately we made litle progress a

e cotractor essentially put us on notlee

side - explaine thir poitions' In front of Durkin Constrctn Company, disagrees
egree of dl88
Follow'flQ,

construction of the lower part of the line.

greement.
Gtln
..anY:'

wi the methods designe by URS for
Th meeting did nothing to ohange the

the surety representative. It Is clear that

E? rl

'!8 met with our representatives to dl$Cuss where we go from

\:the:

look and se

'81

nt , tnd

p.8feR.
r.gQ...

nd opinion about the

provide another 1)9, prooedures al1d criteria. URS (:eslgi1
'8dd

J::

aftY;\.I $tR .Wed' (dwn' PUr.19 , w6rldlig; In addition" our attorneys have cUretted URS to , , .ti\(rQ , account carefully for their time. and services related to this dispute as, 8 result of Durkln s breach of the current contract.

, tt

me, ,

.nd: .limpJis:.'io' '

11fft;1;:Gf'th

1r"d

i8ii!h

d.rmtr/'i

In summary, we stil claim that Durklt' Is not performing the contract as specifed and continue to support the URS design Itself. Our attorneys have reviewed much of the

otherwise.

corresponderne and contract documents, and find nothIng to leed us to

believe

NEW0024

Case 1:04-cv-00163-GMS

Document 309-4

Filed 10/25/2006

Page 8 of 27

Mayor and City Council

Page 2

December 9, 2003

Mr. COttrell Intends to put this on a faSt traok and encourage fuure actions wit anyting surety company In the ,mmeJate weeks ahead. I , will report baclc " Please do not hesitate to contact me if further 8S the Issue continues and develops.

, by the

you have any questions.

CFL/mp Cit c:
Roger A. Aldn,
Paul Co
Carol S. Houck,-

rell, Attorney

SoHcltor

Assisnt Administator

George L. Sarris; Rnanee DireCtr Joseph A. Dombrowsld, Water & Waste ter, Dlrector

. . I"

NfW

"(, A

.!

Case 1:04-cv-00163-GMS

Document 309-4

Filed 10/25/2006

Page 9 of 27

CITY

OF NEWARK

Delaware

January 23, 2004

CONFIDENTIAL

TO:

Mayor Harold F. Godwin Members of City Coun'cl

FROM: Carl F. Luft, City Manager
SUBJ:
Reservoir Construction Contract Dispute

As mentioned In my Administrative Report this week, it is Important that we meet in
contract dispute over the

background and further direction related to the construction by contractor Donald M. Durkin. I have asked our construction contract attorney, Paul Cottrell, to attend Monday
executive session to review the
reservoir

meeting and provide a concise
Our attorney has recommended that

update for you on this matter.
Durkin

be declared in default of this contract and

that their services be terminated. In preparation of the executive ses sion, I am
, remember that
litigation.

attching confidential reports related to the contract dispute. It is Important to
this material is This is for your Information

confidential since this matter could possibly result in

only.

As you review this material, remember that Cottrell has discussed the issue of design

vs. construction in detail with URS. He is confident the design is proper and that
. there are no problems or improprieties with the specifications.

I encourage you to ask whatever questions you may have on Monday night.

c:

CFl/mp Attachments
Paul Cottrell, Tighe, Cottrell & Logan

Roger A. Akin, City Solicitor Carol S. Houck, Assistant Administrator Joseph A. Dombrowski, Water & Wastewater Director George l. Sarris, Finance Director

NEW00225

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Case 1:04-cv-00163-GMS

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- - Case 1:04-cv-00163-GMS Document 309-4 Filed 10/25/2006 Page 12 of 27

CITY MANAGER' S OFFICE
CI OF NEWARK
220 Elkton

Rod . , P. O. Box 390 . Newark, Delaware 19715.Q90
. Fa 30- 367160

DElAWAR

302-366-7020

. htt://newak.de.

May ' 24,

2004

The Honorable Mayor and City Council:
As desired by City Council ,

I hereby resign by position as City Manager

of Newark effective May 25, 2004. Severance pay wil be granted in the f one week of base pay and longevity for each year of continuous
amount

service I have comple ed.

Sincerely,

Carl F. Luft

City Manager
CFUmp

A Council- Manager City Committed 10 Servce Excellence

NEW00269

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Page 13 of 27

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CITY SOLICITOR S OFFICE
CIT OF NEWARK
220 EJkton

Road. P. O.

Box 390 . Newark, Delaware 19715-0390

302- 3607070 . Fa)! 302- 366 7067 . htt://newark. de.

April 20, 2004

BY FAX: 571- 1750

James W. Semple, Esquire Morris, James, Hitchens & Willams LLP 222 Delaware Avenue, 10th Floor P. O. Box 2306.

Wilmington, DE 19899- 2306
RE: Newark City Council Meeting - April 26, 2004

Dear Jim:

This letter follows our discussion on the phone earlier this afternoon.
As promised, I am faxing with this letter a copy of the CIty Council agenda for April 26. The URS public presentation is Item 10. 3 on the agenda. In a memo from me to the Mayor and Council this week, . I wil strongly advise them not to raise any questions of URS during the presentation. Similarly, I wil advise that this matter not
be opened for public comment or questions as if the matter were to be the subject
of

a public hearing.
Item 1 O. C

on the agenda is the executive session Which will follow

the regular

reservoir, the design, or issues addressed during

meeting. URS representatives will be invited into that session (with Mr. Lintner of your firm) to answer any questions the Mayor and Council have regarding the
the pUblic presentation.

A Couocil- MRnager City Committed to Scrv.ke Excellence

NEW00350

Case 1:04-cv-00163-GMS

Document 309-4

Filed 10/25/2006

Page 18 of 27

James W. Semple, Esquire

Page Two April 20, 2004

Please do not hesitate to contact me if there
matters.

are questions regarding these

Sincerely,

. Akin ticitor
RAA:pmf Ene.

cc - Carl F. Luft, City Manager
Carol Houck , Assistant Administrator Joseph Dombrowski , Water & Waste Water Director George Sarris, Finance Director

Paul Cottrell, Esquire

NEW00351

Case 1:04-cv-00163-GMS

Document 309-4

Filed 10/25/2006

Page 19 of 27

PRII:LEGED - A':ORNY - CIl

"' COMMCA'1:tOlol

c:r OF NE2\
DEl.A1
May 21 , 2004

. TO:
FROM;
'RE :

Mayor & Council
Roger A. Akin , City SOlicitor

5ervoir Lit

gacion Sta us Report

The purpose of this memorandum is to update you on recent developments in the reservoir litigation since Council me on May 24, 2004.

would wick underlying moisture upward and ' the saturated 50ils.
ld s Ump or slide during or after construction.

- On Tuesday morning our construction counsel (Mr. Cottrell and MS. Petrone) conveyed to URS the fact that our separately. retained engineer (Mr. Calabria) had Come to the ' conclusion that the Zone 4 materials and the means by which they were to be installed per the' URS reservoir design would present constructibility problem. As was described during the MaY 24 eXecu ive s ssion it is 11r. calabria' s opinion that the soils

URS immediately TUesday representatives of URS met with Mr. calabria at URS offices. Our attorneys were present. URS was also represented at the meeting,
requested a technical

When learning of

Mr. Calabria' 5 conclusion,

meeting. Later on

1 am informed that URS' predictable initial reaction was to e extrGmely defensive about its design. URS engineers and Mr. Calabria spent some time discussing the design, graphically depicting different theories , and he like. URS continued maintain that Mt. Calabria had made c rtain miscalculations to and

beco

comi tted other errors.

At the close of this technical meeting URS proposed th a portion of its finally designed system be built at the reservoir site, UR argued that. while Mr, Calabtia' s hav been borne out in a controlled lab setting, ft may theory may or may

Plaintiffs Exhibit
OUR - 37

NEW10628

Case 1:04-cv-00163-GMS

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Page 20 of 27

Mayor & council
May 27, 2004 Page 2

not be borne out in actual fie d applicat . Calabria. apparently wanting to show that he has an open scientific mind. agreed to have his conclusion tested in a car.efully constructed and monitored field

test.

Today approximately ten individuals toured the reservoir. hey included Calabria and his partner, several UP representatives, cnrol Houck and Joe Dombrowski. At the present time all concerned are negotiating the details of a protocol w1;ich will govern setting up and then rwming the test:. As understand it , a section of the system will ba built with Zone 4 materials and then will be soaked over an extended period. The sample is being constructed by a URS-selected contractor. I am informed that construction is being funded by URS. Mr - Calabria will confirm the , validity of the test section before the t.est is As I understand it , Jo.e Dombrowski is also. runing his own

run.

independent test.
Given the
importance of

It is presently anticipated that the test section will be built next week, and that soaking will begin on or about June'4, 2004. Ie is hoped that results will be verified and final concl sions reached on or about Juhe 12getting it righc w

substantial nat re of this investment and the protection of tbe y' s legal position, I concur that this .additional two week period of delay is necessary and proper. Presumably by June 12 we will know if Calabria is right or wrong in actu l field

and the

applicatio.n.

Ye5terday afternoon U. S. District JUdge Sleet convened a request for an early hearing to try che issue of whether or not Durkin was properly terinated by. The Court has denied . Durkin the right to such a . hearing. He is essentially denying Du kin a preliminary

teleconference with regard to Durkin' s

the City.

injunction.

Judge Sleet bas directed the to. take some time to prepare and present legal briefs and supporting documents on the issue of wrongful termination. Those rials will be presented to the Court and conside ed in due Co rse.

parties

We p rceived that Durkin would like early resolution of the

NEW10629

--.. -'

&.
, .U..' '1.;

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Page 21 of 27

Mayor

Council

Hay 27, 2004 Page 3

wrongful termination question. Hence, some delay in getting that resolution may (or may not) cause Dukin to be roore amenable to sett1ement or A mediation of certain Candi ly, most activity in the matter will now await the results of the on-site Presumably those results will tell the City what its litigation goal and strategy should (Nota: " Even if " the test"

issues.

testing.

results confirm Mr. Calabria' S conclusion ,:egarding constructibility, it is not presently known whether URS will

be.

concede engineering error.
protected by

the attorney-client privi1ege. Since this matter is now in litigation, and s nce this memo discusses Strategies and the theories of counsel. the memorandum should not be shared with

I would like to reiterate tbat this i

a communication

any third parties.
Please do not hesitate to contact me if there are any

questions.
Thank you.
cc: Car1 Luft, City Manager Carol Houck, As istant Administrator J06eph Dombrowski , Woter & Wastewater Paul Cottrell, Esq. (via facsimile)

Director

NEW10630

Case 1:04-cv-00163-GMS
Firs Federal

Suit 60
302. 658. 302.

Pla

Document 309-4

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Page 22 of 27

Wiington. De 1 9899

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NEW 16304

Case 1:04-cv-00163-GMS

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Page 23 of 27

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE
DONALD M. DURK CONTRACTING
INC.

Plaintif
vs.

CITY OF NEWAR , et aI. Defendants
and

: CASE NO. 04- 0163- GMS

CITY OF NEWARK Third-Party
vs.

Plaintif

DONALD M. DURK CONTRACTING FEDERAL INSURANCE COMPANY and URS CORPORATION Third-Party Defendants
ST. PAUL FIRE & MARE INSURANCE COMPANY Intervenor

UNSWORN DECLARTION OF SHERRY RUGGIERO FALLON UNDER 28 U. c. SECTION 1746 IN SUPPORT OF PLAINTIFF'S MOTION FOR REASONABLE ATTORNEY' S FEES

, Sherr Ruggiero Fallon , hereby state that the following facts are true and correct to the
best of my knowledge , information and belief:

I make this declaration on my own personal knowledge and I wil testify hereto if
called as a witness.

My educational

background is as follows: University of Pennsylvania , B.

1983; Delaware School of Law of Widener University, J.

, 1986. I was admitted to the Bar of

the States of Delaware and New Jersey in 1986 , and I am curently a member in good standing in

both states. I am also admitted in the following jurisdictions: United States District Cour for the

District of Delaware , 1986; United States District Cour for the District of New Jersey, 1986;
S. Cour of Appeals for the Third Circuit , 1987.

Case 1:04-cv-00163-GMS

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Since 1986 , I have been in private practice , exclusively with the law firm

of Tybout, Redfear & PelI. I am presently a Senior Parner and Secretar of the firm.

I have extensive experience in the preparation , trial and management of

construction cases and other civil litigation.

My litigation experience includes representation of a substantial number of

plaintiffs and defendants in general civil litigation actions , including construction , employment
and insurance coverage. For example , I have served as lead counsel and/or local counsel ,
in the

following matters:

Council of Unit Owners of Sea

Colony East Condominiums v. Carl M.
through 52;

Freeman

Associates , et aI. , Del Super. , C.A.Nos. 86C-AU- 49

Coller v. Target Stores Corporation, D. Del. , C. A.No. 03- 1144- SLR;
Heddinger v. Ashland OiL Inc.. et aI. , Del. Super. , C.A. No. 06C- 05- 295 BEN;

Murhy v. United States Automobile Association. et aI. , Del. Super. 04C- 07- 003
McNight v. USAA Casualty Insurance Company , Del. Super. , 04C- 09- 134 SCD.

RFS;

I am a curently a member of the Delaware and New Jersey Bar , a member of the
American Bar Association ,
a

member of the Defense Counsel of Delaware and a member of the

Delaware Chapter of American Board of Trial Advocates (ABOTA). I have been a member of

Phi Delta Phi Legal Fraternity since 1985. I was a member of the Moot Cour Honor Society
from 1985- 1986

and a member ofthe Delaware Joural

of Corporate

Law from 1985- 1986.

I have known David T. Bolger, Esquire , since we attended Widener University

School of Law , commencing in 1983 and graduating in 1986. I have not practiced law with Mr.
Bolger , but I have personal knowledge of his extensive construction litigation.
experience practicing in the field

Case 1:04-cv-00163-GMS

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To successfully litigate wrongful termination , construction cases , the practitioner

needs to be both skilful and diligent.

Additionally, Section

1983 civil rights cases are often

complicated paricularly because the adversar is a governental entity
and they involve complex issues of immunty and whether liberty or propert
involved and have been denied without the due process of law.
Successful representation of a
interests are

plaintiff in complex construction cases ,

where

wrongful termination has been alleged , and where there

are allegations of violation of the

plaintiff's civil rights requires a high degree of competence and dedication , as well as a greater
time commitment than would be required of less complex areas of law.
10.

In my years

of practice , I have

become familiar with the market rates for

attorneys who engage in construction , civil rights and other civil litigation in the geographical
boundaries of

the Third Circuit

including Wilmington ,

Delaware and Philadelphia

Pennsylvania.
11.

I am personally familiar with the background ,

skil ,

reputation and litigation

practice of David T. Bolger , Esquire.
12.

I understand that Mr. Logan is a parner with Powell , Trachtman , Logan , CarrIe &

Lombardo , P.

, who was lead counsel in this case , has been practicing law for over twenty- five
litigation experience , paricularly in the areas of construction

(25) years and has extensive

litigation and civil rights claims.
13.

Paul A. Logan , Esquire and David T. Bolger , Esquire s requested rate of $250 per

hour is well within the range of rates prevailing in the community for representation before the

District Cour of Delaware ,
lawyers whose skil ,

and other services of similar

complexity and specialization of

experience and reputation are reasonably comparable to theirs.
Marsha E. Flora , Esquire paricipated in the trial and trial

14.

I also understand

preparation with Mr. Logan.

Case 1:04-cv-00163-GMS
15.

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Filed 10/25/2006

Page 26 of 27
et al

I understand that Ms. Flora is a former partner with Lavin , O' Neil , Ricci

Philadelphia , Pennsylvania, has been practicing law for fourteen (14) years and has extensive
litigation experience.
16.

I am familiar with the range of rates prevailing in the community for parner- level

attorneys with the background , skil and experience of Ms. Flora.
17.

The hourly rate of $200 for Ms. Flora is reasonable and within the range of rates
of

prevailing in the community for attorneys with the litigation background , skil and experience
Ms. Flora.

I declare under penalty of perjur that the foregoing is true and correct.

Executed on October 23

2006.

IERO FALLON #2464 & Pell , Suite 400
19899- 2092

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