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Sullivan v. South Point

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


October 8, 2010

JAMES T. SULLIVAN, NOT INDIVIDUALLY BUT AS TRUSTEE OF PLUMBERS' PENSION FUND, LOCAL 130, U.A., ETC., PLAINTIFF,
v.
SOUTH POINT, INC., DEFENDANT.

The opinion of the court was delivered by: Judge Ronald A. Guzman

Magistrate Judge Geraldine Soat Brown

AFFIDAVIT OF JOHN W. LOSEMAN

State of Illinois 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 Plaintiff 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 Plaintiff in this action were partners in, associated with, or employed by, Firm.

Exhibit C

4. In the course of their representation of Plaintiff, 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 Plaintiff herein. For the Court's reference, a true and correct copy of Firm's itemized billings through September 30, 2010, is attached as Exhibit (1).

5. Throughout this case, Firm has charged its normal and customary hourly charges for legal services rendered to Plaintiff 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 enforcement of and compliance with labor agreements, and enforcement of benefit fund contribution obligations. In the course of this matter, DAL provided 3.6 hours of legal services to Plaintiff at the rate of $300.00 per hour, for a total of $1,080.00.

7. "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 1.3 hours of legal services to Plaintiff at the rate of $170.00 per hour, for a total of $221.00.

8. "RCP" in the time entries designates Robert C. Parizek, a paralegal since 2007 employed by Firm. In the course of this matter, RCP provided 3.7 hours of services to Plaintiff at the rate of $85.00 per hour, for a total of $314.50.

9. Affiant, John W. Loseman, ("JWL") 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 and compliance with labor agreements, and enforcement of benefit fund contribution obligations. In the course of this matter through September 30, 2010, JWL provided 19.0 hours of legal services to Plaintiff at the rate of $255.00 per hour for a total of $4,845.00.

10. In addition to attorneys' and paralegals' fees, Plaintiff incurred charges for the following: $350.00 for the federal court complaint filing fee; $200.00 for service of process and Court orders; $60.00 for computerized docketing and case tracking service; $36.53 for delivery or messenger costs; and $82.56 for postage costs and photocopy expenses, for a total of $729.09. 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.

11. The sum of the above-described fees is $6,460.50, and the sum of the above-described costs and expenses is $729.09, for a total of $7,189.59.

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

20101008

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