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Boros Plumbing, Inc. v. Plumbing Contractor's Association of Chicago and Cook County

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION


May 14, 2010

BOROS PLUMBING, INC., PLAINTIFF,
v.
PLUMBING CONTRACTOR'S ASSOCIATION OF CHICAGO AND COOK COUNTY, ET AL., DEFENDANTS.
PLUMBERS' PENSION FUND, LOCAL 130, U.A., ET AL, COUNTERPLAINTIFFS,
v.
BORO'S PLUMBING, INC., COUNTERDEFENDANT.

The opinion of the court was delivered by: John W. Loseman

AFFIDAVIT OF JOHN W. LOSEMAN

State of Illinois County of Cook

Judge Charles P. Kocoras

Magistrate Judge Geraldine Soat Brown

John W. Loseman hereby deposes and states:

1. I am of adult age and otherwise competent to make this Affidavit. All statements herein are made on my personal knowledge.

2. I am an attorney licensed to practice, inter alia, within the State of Illinois and before the United States District Court for the Northern District of Illinois. I am currently responsible for representing Counterplaintiffs in the captioned action.

3. I am a partner in the law firm of LEWIS, OVERBECK AND FURMAN, LLP ("Firm"), 20 N. Clark Street, Suite 3200, Chicago, Illinois. All attorneys and paralegals who represented Counterplaintiffs in this action were partners in, associated with, or employed by, Firm.

4. In the course of their representation of Counterplaintiffs, the attorneys and paralegals of Firm made contemporaneous daily time entries. This Affidavit is based on Affiant's personal knowledge of this case and review of Firm's daily time entries itemizing the time actually spent by attorneys and paralegals of Firm in the course of this matter, along with certain costs paid for or incurred on the account of Counterplaintiffs herein. For the Court's reference, a true and correct copy of Firm's itemized billings through April 30, 2010, is attached as Exhibit (A).

5. Throughout this case, Firm has charged its normal and customary hourly charges for legal services rendered to Counterplaintiffs in this action. Firm's normal and customary hourly charges are reasonable within the Chicago area legal community, and are paid by other clients of Firm.

6. "TJE" in the time entries designates attorney Tim J. Emmitt, a partner in Firm. TJE has been licensed to practice law in the State of Illinois since 1965, and is a member of the U.S. District Court for the Northern District of Illinois. TJE is an expert in trust law, business organizations, and taxation. In the course of this matter, TJE provided 0.4 hours of legal services to Counterplaintiffs at the rate of $300.00 per hour, for a total of $129.00.

7. "DAL" in the time entries designates attorney Douglas A. Lindsay, a partner in Firm. DAL has been licensed to practice law in the State of Illinois since 1976, and is a member of the U.S. Supreme Court, the U.S. Court of Appeals for the Seventh Circuit, and the U.S. District Courts for the N.D. Illinois, C.D. Illinois, E.D. Wisconsin, and N.D. Indiana. DAL has extensive experience in ERISA and LMRA matters, including enforcement of labor arbitration awards. In the course of this matter, DAL provided 26.0 hours of legal services to Counterplaintiffs at the rate of $300.00 per hour, for a total of $7,800.00.

8. "FRS" in the time entries designates attorney F. Richard Skweres, a partner in Firm. FRS has been licensed to practice law in the State of Illinois since 1995, and is an expert in employee benefits, ERISA, and administration of multi-employer employee benefit funds. In the course of this matter, FRS provided 0.3 hours of legal services to Counterplaintiffs at the rate of $255.00 per hour, for a total of $76.50.

9. "BTB" in the time entries designates attorney Brian T. Bedinghaus, an associate of Firm. BTB has been licensed to practice law in the State of Illinois since 2005, and is a member of the U.S. District Court for the N.D. Illinois. In the course of this matter, BTB provided 0.3 hours of legal services to Counterplaintiffs at the rate of $170.00 per hour, for a total of $51.00.

10. "RCP" in the time entries designates Robert C. Parizek, a paralegal employed by Firm. In the course of this matter, RCP provided 5.1 hours of services to Counterplaintiffs at the rate of $85.00 per hour, for a total of $433.50.

11. "MEAR" in the time entries designates Margaret Earley, a paralegal employed by Firm. In the course of this matter, MEAR provided 0.3 hours of services to Counterplaintiffs at the rate of $75.00 per hour, for a total of $22.50.

12. "ABD" in the time entries designates Albert Davis, a paralegal employed by Firm. In the course of this matter, ABD provided 0.2 hours of services to Counterplaintiffs at the rate of $70.00 per hour, for a total of $14.00.

13. "JWL" in the time entries designates Affiant, John W. Loseman, who has been licensed to practice law in the State of Illinois since 1989, and is a member of the U.S. Supreme Court, the U.S. Court of Appeals for the Seventh Circuit, and the U.S. District Courts for the N.D. Illinois, C.D. Illinois, and N.D. Indiana. JWL has considerable experience in ERISA and LMRA matters, including enforcement of labor arbitration awards. In the course of this matter through April 30, 2010, JWL provided 63.5 hours of legal services to Counterplaintiffs at the rate of $255.00 per hour for a total of $16,192.50. In addition, subsequent to April 30, 2010, JWL provided at least 2.0 hours of legal services to Counterplaintiffs at the rate of $255.00 per hour for an additional total of $510.00 for appearance before the Court on May 13, 2010, and preparation and presentation of Counterplaintiffs' motion for judgment, exhibits, affidavit, and notice, which time is not reflected on the attached itemized time entries that cover only through April 30, 2010.

14. In addition to attorneys' and paralegals' fees, Counterplaintiffs incurred charges for the following: $5.22 for postage costs; $12.72 for computerized case tracking service; and $78.14 for photocopy expenses and binding costs, for a total of $96.08. Each of these charges was incurred in connection with this case, and is not a usual office overhead expense. These charges are billed separately by Firm to its clients.

15. The sum of the above-described fees is $25,220.00 and the sum of the above-described costs and expenses is $96.08, for a total of $25,316.08.

In accordance with 28 U.S.C. §1746, I declare under penalty of perjury that the foregoing is true and correct.

20100514

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