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Sullivan v. Pioneer Plumbing

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


June 14, 2010

JAMES T. SULLIVAN, NOT INDIVIDUALLY BUT AS TRUSTEE OF PLUMBERS' PENSION FUND, LOCAL 130, U.A., ETC., ET AL., PLAINTIFFS,
v.
PIONEER PLUMBING, INC., DEFENDANT.

The opinion of the court was delivered by: Judge Rebecca R. Pallmeyer

Magistrate Judge Geraldine Soat Brown

AFFIDAVIT OF JOHN W. LOSEMAN State of Illinois

ss.

County of Cook

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 Plaintiffs 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 Plaintiffs in this action were partners in, associated with, or employed by, Firm.

4. In the course of their representation of Plaintiffs, 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 Plaintiffs herein. For the Court's reference, a true and correct copy of Firm's itemized billings through May 31, 2010, is attached as Exhibit (1).

5. Throughout this case, Firm has charged its normal and customary hourly charges for legal services rendered to Plaintiffs 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. "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 those involving compliance audits. In the course of this matter, DAL provided 7.1 hours of legal services to Plaintiffs at the rate of $300.00 per hour, for a total of $2,130.00.

7. "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 0.8 hours of legal services to Plaintiffs at the rate of $255.00 per hour, for a total of $204.00.

8. "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 2.4 hours of legal services to Plaintiffs at the rate of $170.00 per hour, for a total of $408.00

9. "RCP" in the time entries designates Robert C. Parizek, a paralegal employed by Firm. In the course of this matter, RCP provided 4.4 hours of services to Plaintiffs at the rate of $85.00 per hour, for a total of $374.00.

10. "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 those involving compliance audits. In the course of this matter through May 31, 2010, JWL provided 50.3 hours of legal services to Plaintiffs at the rate of $255.00 per hour for a total of $12,826.50. In addition, subsequent to May 31, 2010, JWL provided at least 2.0 hours of legal services to Plaintiffs at the rate of $255.00 per hour for an additional total of $510.00 for preparation of Funds' motion for judgment, exhibits, affidavit, and notice, which time is not reflected on the attached itemized time entries that cover only through May 31, 2010.

11. In addition to attorneys' and paralegals' fees, Plaintiffs incurred charges for the following: $30.20 for postage costs; $120.00 for computerized case tracking service; $350.00 for court filing fee, and $94.20 for photocopy expenses and binding costs, for a total of $594.40. Subsequent to May 31, 2010, Plaintiffs also incurred transcript fees of $21.90, which fees are not reflected on the attached itemized expense entries. 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.

12. The sum of the above-described fees is $16,452.50 and the sum of the above-described costs and expenses is $616.30, for a total of $17,068.80.

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

20100614

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