LaPointe v. Midland Funding, LLC et al (JRG1), No. 2:2015cv00171 - Document 35 (E.D. Tenn. 2016)
Court Description: MEMORANDUM OPINION AND ORDER: granting in part and denying in part 22 MOTION for Attorney Fees and Costs filed by Russell Steven LaPointe. Counsel shall be awarded fees and costs; however, the fees sought shall be reduced to a total of $2,033.88 and total costs of $938.37. Signed by District Judge J Ronnie Greer on 06/20/2016. (Attachments: # 1 Fee Spreadsheet) (AMP)
Download PDF
<![CDATA[
TimeKeeper Date I Entry Time Amount Billed Rate Objection Proposed Proposed Proposed Time Total Rate Court Ruling I Email to EHM re phone call from Mr. LaPointe: He is being ,harassed by Midland Credit Management overaGE Money Bank/Wai-Mart Card from about i 5 years ago. Said the original debt was about $120 to $150 and he made his payments on it and they kept adding more and .more interest and charges and he couldn't make the payments. He said MCM has been calling for about 2 or 3 years. He has received at least three letters so far from them all showing different amounts ranging from $400 to $600. He has not been sued yet. He said back in June :they were calling him 3 to 4 times Iper day on his cell phone (only phone he has) but he only · ·answered 1 or 2 times and told the man he was a 71 year old man on SSI who couldn't afford o pay the bill. He was asking if the different amounts they are telling him is illegal. He will check his credit reports to see what they are reporting. I 1 1 LaPointe v. Midland Funding, LLC et al (JRG1) 1 171 9/25/2014 SPL 0.251 I i $95.001 Plaintiff not entitled to recover time billed prior to counsel being $23.75 retained 0.251 $95.001 $23.75 (defendant objected but still iincluded amount in its proposed $23.751 total) Dockets.Justia.com Doc. 35 Att. 1 1 Case No. Case No. Date TimeKeeper Time Rate 9/25/2014 SPL 172 Email to EHM re phone call from Mr. LaPointe: He is being harassed by Midland Credit Management over a GE Money Bank/Wai-Mart Card from about 5 years ago. Siad the original debt was about $120 to $150 and he made his payments on it and they kept adding more and more interest and charges and he couldn't make the payments. He said MCM has been calling for about 2 or 3 years. He has received at least three letters so far from them all showing different amounts ranging from $400 to $600. He has not been sued yet. He said back in June they were calling him 3 to 4 times per day on his cell phone (only phone he has) but he only answered 1 or 2 times and told the man he was a 71 year old man on SSI who couldn't afford o pay the bill. He was asking if the different amounts they are telling him is illegal. He will check his credit reports to see what they are reporting. 0.25 $95.00 9/26/2014 SPL Voicemail from Mr. LaPointe: Mr. LaPointe left a voicemail last night--said he found three more letters with different amounts as well as a list of the phone calls for a couple of weeks in June 0.05 $95.00 I 171 Entry Amount Billed Objection Proposed Proposed Proposed Time Rate Total Court Ruling Identical entry appears $23.75 in bill for both cases. $4.751 No objection 0 $0.00 $0.00 $0.00 0.05 $95.00 $4.75 $4.75 Case No. Date 172 9/26/2014 SPL I 1711 10/3/141 SPL 172 10/3/14 SPL I 171] 10/7/141 EHM 172 10/7/14 EHM ! I I 171 I 172 10/8/14 SPL Entry Voicemail from Mr. LaPointe: Mr. LaPointe left a voicemail last night--said he found three more letters with different amounts as well as a list of the phone calls for a couple of weeks in June I Call from client -- discussed fee arrangements Call from client -- discussed fee arrangements I Initial office consulation with Mr. Lapointe Initial office consulation with Mr. Lapointe Voicemail from Mr. LaPointe: He found another letter from MCM with a different amount. He will .put it with the other paperwork [you gave him. Voicemail from Mr. LaPointe: He found another letter from MCM with a different amount. He will put it with the other paperwork you gave him. 10/8/14 SPL I 1711 Time I I 0.15: $95.00 0.15 Court Ruling Proposed Proposed Proposed Rate Total Time $95.00 1 Identical entry appears $4.75 in bill for both cases. I I $14.25 No objection 0 $0.00 $0.00 0.151 $95.001 $14.25l Identical entry appears $14.25 in bill for both cases. $95.00 0.05 Objection Billed Rate 0 $0.00 $0.00 I 0.5,I $300.00[ 0.5 $300.00 ,- $150.00 I Excessive rate Excessive rate; unreasonable time entry, if the initial consultation was half $150.00 an hour 0.5[ $250.001 0 $0.00 $0.00 $14.75 ------ $0.00 ' I $125.oo[ $~~5.oo $0.00 $0.00 I I I ! I 0.11 0.1 I $95.00 $9.50 I No objection $95.00 Identical entry appears in bill for both cases; entry references one letter, which likely pertains to only one case, yet time is billed $9.50 to both cases. I I 0.1] $95.00[ 0 $0.00 0.11 I $95.00] $9.5o $0.00 $0.00 I 12/22/141SPL Voicemail from Mr. LaPointe: He received more collection letters -,will be working next two days and I Iwill try to mail this latest one to you on Wednesday. I 0.1!I $95.001 $9.501 No objection 12/22/14 SPL Voicemail from Mr. LaPointe: He received more collection letters -will be working next two days and will try to mail this latest one to you on Wednesday. 0.1 $95.00 Identical entry appears $9.50 in bill for both cases. I 172 ----Amount TimeKeeper $9.5ol __ $9.50 $0.00 ,------- $0.00 I 0 L_ $9.5o $0.00 Case No. TimeKeeper Date Entry Time 171 172 1/7/15 SPL Call from Mr. LaPointe: He has broken his cell phone which is the number we have on file for him. He wanted to give you an alternative phone numner to reach him on until he can get his · cell phone reactivated. The alternate number is XXX-XXX- I ! 8527. He said you were I supposed to be filing a lawsuit fori him and he didn't want to miss any of your calls. I 1/7/15 SPL Call from Mr. LaPointe: He has broken his cell phone which is the number we have on file for him. He wanted to give you an alternative phone numner to reach him on until he can get his cell phone reactivated. The alternate number is XXX-XXX8527. He said you were supposed to be filing a lawsuit for him and he didn't want to miss any of your calls. I 171 2/3/15ISPL Objection Proposed Proposed Proposed Total Rate Time Court Ruling I I I ' Rate Amount Billed Client called and said he received more letters from Midland Credit and wanted to know if he should send them in and I told him yes to go ahead and send them. He wanted to know if we had any idea when this would be filed because he had been waiting since October. I told him I would pass the message a long to Mr. Mechem. 0.15 0.15 $95.00 $95.00 •Time is excessive and $14.25. unreasonable. Time is excessive and unreasonable; exact same entry appears in $14.25 bill for both cases. I 0.1; $95.00 $9.50 0 $0.00 $0.00 - - $9.50 ----- $0.00 I i I I I i 0.15 $95.00 I $14.251 No objection 0.15 $95.00 $14.25 $14.25 Case No. Date TimeKeeper Entry 171 3/19/15 SPL 172 3/19/15 SPL Client called and said he received more letters from Midland Credit and wanted to know if he should send them in and I told him yes to go ahead and send them. He wanted to know if we had any idea when this would be filed because he had been waiting since October. I told him I would pass the message a long to Mr. Mechem. Call from Client: He said you were going to send him some paperwork in March and he was just following up. Call him if you have any news. Call from Client: He said you were going to send him some paperwork in March and he was just following up. Call him if you have any news. 3/27/15 SPL Client called regarding status of documents he thought the firm was sending him this month. I asked him if had requested his credit reports and he said no. After talking to him, I sent the credit report request form to his email address. He will complete that and send it off and will send the credit reports to us when he receives them. He also has 3 or 4 more letters that he will send as well. 172 171 2/3/15 SPL Time Rate Amount Billed Objection Proposed Proposed Proposed Time Rate Total Court Ruling Identical entry appears 0.15 $95.00 $14.25 in bill for both cases. 0 $0.00 $0.00 $0.00 ' i $95.00 $9.50 I No objection 0.1 $95.00 $9.50 in bill for both cases. 0.15 $95.00 0.1 r 0.11 $95.ool $9.50I__J9.5o 0 $0.00 $0.00 $0.00 0.15 $95.00 $14.25 $14.25 Identical entry appears $14.25 No objection. Case No. Date 172 TimeKeeper 3/27/15 SPL Entry Client called regarding status of documents he thought the firm was sending him this month. I asked him if had requested his credit reports and he said no. After talking to him, I sent the credit report request form to his email address. He will complete that and send it off and will send the credit reports to us when he receives them. He also has 3 or 4 more letters that he will send as well. Time 0.15 $95.00 3/30/15 SPL Mr. LaPointe called. he received the credit report form and wanted to make sure what he needed to do. I told him he needed to complete the form, fill in the circles next to the credit reporting agency and mail it to the address at the top of the form. Told him it would take about 2 weeks and i he would get all 3 credit reports. i He will send those in as he gets them. He also received 3 other letters from Midland and will send those as well. Amount Billed Objection Identical entry appears $14.25 in bill for both cases. Proposed Proposed Proposed Total Rate Time 0 Court Ruling $0.00 $0.00 $0.00 $95.00, $19.00 $19.00 I I I 171 Rate I I I i 0.2 $95.00 $19.ooiNo objection. 0.2 Case No. Date TimeKeeper 172 3/30/15 SPL 171 4/30/15 SPL 172 4/30/15 SPL Entry Mr. LaPointe called. he received the credit report form and wanted to make sure what he needed to do. I told him he needed to complete the form, fill in the circles next to the credit reporting agency and mail it to the address at the top of the form. Told him it would take about 2 weeks and he would get all 3 credit reports. He will send those in as he gets them. He also received 3 other letters from Midland and will send those as well. Call from Mr. LaPointe: He said he mailed in the credit report form you gave him a month ago and haven't received this credit report yet. He also said you would send in for him if he didn't receive it. He said you should probably put is actual full name this time. He just probably put Steve LaPointe and his whole name is Russell Steven LaPointe. Call from Mr. LaPointe: He said he mailed in the credit report form you gave him a month ago and haven't received this credit report yet. He also said you would send in for him if he didn't receive it. He said you should probably put is actual full name this time. He just probably put Steve LaPointe and his whole name is Russell Steven LaPointe. Time Rate Amount Billed Objection 0.2 $95.00 Identical entry appears $19.00 in bill for both cases. 0.15 $95.00 $14.25 No objection 0.15 $95.00 Identical entry appears $14.25 in bill for both cases. Proposed Proposed Proposed Rate Total Time Court Ruling 0 $0.00 $0.00 $19.00 0.15 $95.00 $14.25 $14.25 0 $0.00 $0.00 $0.00 Case No. TimeKeeper Date I I Entry Time 6/8/15 SPL Call from Mr. LaPointe message to Everett: We called him last week about coming in to talk to you before filing two i possible FDCPA complaints for I letters v Credit reports with inaccurate numbers. 0.151 6/8/15 SPL Call from Mr. LaPointemessage to Everett: We called him last week about coming in to talk to you before filing two possible FDCPA complaints for letters v Credit reports with inaccurate numbers. 0.15 Amount Billed Rate Objection Court Ruling Proposed Proposed Proposed Total Rate Time 1 1711 172 1 Research and prepared draft complaint re Midland!WaiMart I 1711 172 6/10/15iEHM Research and prepared draft complaint re Midland/JC Penney 6/10/15 EHM 3.5! 3.5 $14.25 No objection $95.00 Identical entry appears $14.25 in bill for both cases. Excessive rate; excessive time for copied-and-pasted complaint; contains unnecessary time for $300.001 $1,050.00 research Excessive rate; excessive time for copied-and-pasted complaints; contains unnecessary time for research; separate $300.00 $1,050.00 lawsuit unnecessary $95.00 0.15 $95.00 $14.25 $14.25 0 $0.00 $0.00 $0.00 I i 1.2 0 $300.J $250.00 ~300,QO 0.5 X $250= $0.00 $125.00 $0.00 ,~-~ 1 1 171 6/10/15 SPL Email to Mr. LaPointe with attachments for review and signature: Mr. LaPointe, Attached for your review is a complaint against Midland Funding and Midland Credit regarding the GE/Money Bank!Wai-Mart account. Please let me know if there are any changes or corrections. If none, please sign the attached Oath and return to us. Your signature will need to be notarized. I I 0.3 $95.00 I I I I $28.50 No objection I 0.3 $95.00 $28.50. $28.50 Case No. 172 TimeKeeper Date 6/11/15 SPL ----------------- Entry Email to Mr. LaPointe re: 2nd case - Midland/JC Penney: Mr. LaPointe, Attached is the complaint against Midland Funding/Midland Credit on the GEMB/JC Penney account. Please review this and let me know if there are any corrections or changes. If not, please print and sign the attached Oath in front of a notary and return it to our office. If you have any questions please call. Thank you. Time 0.3 Rate $95.00 Amount Billed Objection Ttwo identical emails were sent regarding $28.50 each matter. Court Ruling Proposed Proposed Proposed Total Time Rate 0 $0.00 $0.00 $0.00 I I I 1711 172 I 6/12/151SPL Mr. LaPointe called regarding the emails I sent him. He is to print off the oaths for each complaint and sign them in front of a notary and send them back to us. He said he would do that. He wanted to know if I though I Midland would sue him after we 1do this. I told him he needed to ;talk to Everett at that point. 0.31 $95.00 $28.50 No objection 6/12/15 SPL Mr. LaPointe called regarding the emails I sent him. He is to print off the oaths for each complaint and sign them in front of a notary and send them back to us. He said he would do that. He wanted to know if I though Midland would sue him after we do this. I told him he needed to talk to Everett at that point. 0.3 $95.00 Identical entry appears $28.50 in bill for both cases. I i 0.3! $95.001 0 $0.00 $28.50 lj2_8.50 $0.00 $0.00 Case No. Date TimeKeeper Entry Called client to follow up I regarding his approval to file complaints. Also explained to him that the statute was running on some of the letters and he said he wasn't worried about that, that he had 4 or 5 more letters from them. Called client to follow up regarding his approval to file complaints. Also explained to him that the statute was running on some of the letters and he said he wasn't worried about that, that he had 4 or 5 more letters from them. Time Rate Amount Billed Objection Court Ruling Proposed Proposed Proposed Total Rate Time i 171 6/12/15 SPL 172 6/12/15 SPL 0.25 $95.00 $23.75 No objection 0.25 $95.00 $23.75 in bill for both cases. I 6/15/15 EHM 172 6/15/15 EHM 1711 6/15/151 EHM 172 1711 172 6/15/15 EHM 6/22/151 SPL 6/22/15 SPL I Received message to call client Received message to call client IReturned call to client re ' ,questions on complaint, etc. Returned call to client re questions on complaint, etc. Filed complaint -Midland/WaiMart Penney, I summonses and cover sheet Filed complaint-- Midland/JC Penney, summonses and cover sheet $95.001 $23.75! $23.75 0 $0.00 $0.00 $0.00 Identical entry appears \ 1711 0.25 0.1 I 0.25! ~--- I $300.001 $30.00 I Excessive rate $300.00 0.11 0.25 : Excessive rate; time is excessive and unreasonable, as entry for the same activity is $30.00 billed to both cases $300.001 $75.00! Excessive rate $300.00 Excessive rate; time is excessive and unreasonable, as entry for the same activity is $75.00 billed to both cases 0.11 $250.001 $25.00, $25.00 0 $0.00 $0.00 $0.00 0.25i $250.001 $62.501 0 $0.00 $0.00 $62.50 -------- $0.00 I 1 1 $95.00 $95.00 No objection 11 $95.00 $95.00 $95.00 Time is excessive and unreasonable; time billed for unnecessarily filing separate lawsuit; same entry appears in $95.00 both bills 0 $0.00 $0.00 - $95.00 ---- $0.00 Case No. Date TimeKeeper 7/1/15 EHM Entry Reviewed Court's Order re case # 2:15-cv-171 and #2:15-cv-172 are related and need to be assigned to same judge, Judge Greer Reviewed Court's Order re case # 2:15-cv-171 and #2:15-cv-172 are related and need to be assigned to same judge, Judge Greer 7/2/15 EHM Reviewed Court's Order re 2:15cv-171; filing of 12(b) motions discourage if defect can be cured by filing an amended pleading ! ! 1 ' I 171 172 171 172 171 7/1/15 EHM Time Rate Amount Billed I i 0.1 0.1 $300.00 $300.00 $30.00. Excessive rate Excessive rate; billed $30.00 twice for same task $300.00 $30.00 Excessive rate 7/2/15 SPL Prepared and filed Summons returned executed as to Midland Funding in #2: 15-cv-172 0.2 $95.00 7/10/15 SPL Prepared and filed Summonses returned executed as to Midland Funding and Midland Credit in #2:15-cv-171 0.3 $95.00 $28.50 No objection 172 7/10/2015 SPL 171 7/17/2015 EHM I 0.1 $250.00 $25.00 0 $0.00 $0.00 0.2 $95.00 0.15 $300.00 Time is unreasonable, as time billed for preparation of summons in both lawsuits when claims should have been $19.00 brought in one lawsuit $45.00 Excessive rate $25.00 ------- $0.0_Q_ ! - I I 0.1 Court Ruling I I i Time is unreasonable; time billed for preparation of summons in second lawsuit when claims should have been $19.00 brought in one lawsuit Prepared and filed Summons returned executed as to Midland Credit in #2: 15-cv-172 Received email from opposing counsel with proposed stipulations and responded to same Proposed Proposed Proposed Time Rate Total Objection I 0.1 $250.00 $25.00 0 $0.00 0.3 $95.00 $28.50 0 $0.00 $0.00 $19.00 0.15 $250.00 $37.50 $37.50 $25.00 $0.00 · -$19.00 ··- $28.50 - - Case No. TimeKeeper Date 172 7/17/2015EHM Entry Received email from opposing counsel with proposed stipulations and responded to same Time Excessive rate; billed $45.00twiceforsametask $300.00 $0.00 7/17/2015 EHM 0.15 $300.00 $45.oojExcessive rate Phone conference with opposing counsel, Frank Springfield re extension of time to file answer/response in both cases 0.15 $300.00 Excessive rate; billed $45.00 twice for same task I $0.00 7/17/2015 EHM ~ _ 171' 7/22/2015 ~HM 1 1711 7/31/2015jEHM 172 7/31/2015 EHM 171 8/5/2015 EHM 1 8/5/2015 EHM i l 171] 8/10/2015 EHM I Extension of Time filed by . opposing counsel on both cases I 0.15 $300.00 Reviewed Stipulations of Extension of Time filed by opposing counsel on both cases 0.15 i Reviewed Court's Order re scheduling orders, etc. on #2: 15cv-171 0.3 Received message to call opposingcounsel : 0.11 Received message to call opposing counsel 0.1 Prepared Settleemnt Demand letter to opposing counsel on both cases 0.15 1 $300.00 : $45.00jExcessive rate 0.15 $250.00 0 $0.00 I $37.50 _ $37.50 $0.00 $0.00 I -- - - i 0.15: Excessive rate; billed twice for same task; $45.00 only one case needed $250.001 $37.50 0 I $0.00 $0.00 -~~00.00___ ~9Q_.QCLE:xces~ve rate f- ' $300.00] : __ 0.3 $250.00 0.11 $250.ooi 0 $0.00 $37.50 $0.00 ~----I $75.00l $75.0Q_ 1 Prepared Settleemnt Demand letter to opposing counsel on both cases Reviewed Unopposed Motion for Extension of Time to File Answer in 2:15-cv-171 $37.50 - i 1 Reviewed Stipulations of 1 Court Ruling - IPhone conference with opposing counsel, Frank Springfield re extension of time to file answer/response in both cases ' 1711 7/17/2015 EHM 'I 0 I I 172 Proposed Proposed Proposed Time Rate Total Objection 7/17/2015 EHM 1 172 172 Rate 0.15 t 171 Amount Billed 1 1 $300.00 $30.oojExcessiverate Excessive rate; billed $30.00 twice for same task $300.00 $45.00 Excessive rate 0.15 $300.00 Excessive rate; billed twice for same task; $45.00 only one case needed 0.1 $300.00, $30.00 Excessive rate 0.15 $25.00 $0.00 _ [ $250.00 $37.50 ·o $0.00 $0.00 0.1 $250.00 $25.00 1 $25.00 ~0.00 ~L50 $0.00 -----· $25.00 Case No. 172 TimeKeeper Date 8/10/2015 EHM 1711 8/11/2015IEHM 172 8/11/2015 EHM 171! 8/13/20151 SPL 172 8/13/2015 SPL 172 8/17/2015 EHM I 1711 8/21/20151 SPL Entry Time Rate Reviewed Unopposed Motion for Extension of Time to File Answer in 2:15-cv-172 Reviewed Court's notice regarding granting Defendants' Motions for Extension of Time to file Answers in both cases 0.1 $300.00 0.15 $300.00 Reviewed Court's notice regarding granting Defendants' Motions for Extension of Time to file Answers in both cases 0.15 $300.00 I Mr. LaPointe called regarding Istatus of his cases. Told him ithat the Court gave Midland until !August 24 to file an Answer. iTold him we would let him know I if anything happened before that. Mr. LaPointe called regarding status of his cases. Told him that the Court gave Midland until August 24 to fife an Answer. Told him we would let him know if anything happened before that. Reviewed Court's Order re discouraging filing of 12(b) Motion in 2: 15-cv-172 if defect can be cured by filig amended pleading. Drafted proposed Report of Parties' Planning Meeting and emailed to opposing counsel in !2:15-cv-171 Amount Billed Proposed Proposed Proposed Time Rate Total Objection Excessive rate; time billed for review of motion in second lawsuit unnecessary because claims could have been filed in one $30.00 lawsuit 0 0.1 $250.00 0 Excessive rate; $45.00 •excessive time Excessive rate; excessive time; time billed for review of motion in second lawsuit unnecessary because claims could have been filed in one lawsuit; billed twice for $45.00 same task $0.00 $0.00 Court Ruling $0.00 $0.00 ------- $25.00 $0.00 $0.00 I I I 0.151 $95.00 $14.25 No objection 0.15 $95.00 Identical entry appears $14.25 in bill for both cases. 0.15 $300.00 0.61 $95.00 Excessive rate; only $45.00 one case needed Unnecessary time, as Defendants had not even answered or otherwise responded $57.oolto complaint. I ~14.25 0.15 $95.001 0 $0.00 $0.00 $0.00 0 $0.00 $0.00 $0.00 0 $0.00 $14.251 - $00r-$00~ Case No. TimeKeeper Date Entry Time Rate Amount Billed Objection Excessive rate; ! unnecessary time, as i Defendants had not Ieven answered or otherwise responded to complaint. $240.00 Court Ruling Proposed Proposed Proposed Rate Total Time I Reviewed and revised draft Report of Parties' Planning I __ _12~ I I 8/21/2015 EHM -1 1711 8/24/2015! EHM 172 8/24/2015 EHM 171 8/25/2015 EHM 172 8/25/2015 EHM M~~ting $300.00 0.8 r------- - ---- 0 $0.00 $0.001 $0.00 i Reviewed documents filed by opposing counsel: Motion and Memo to Consolidate Cases; Offers of Judgment on both cases; Certificates of Corporate Interest for defendants; Answers on both cases; research regarding consolidation Reviewed documents filed by opposing counsel: Motion and Memo to Consolidate Cases; Offers of Judgment on both cases; Certificates of Corporate Interest for defendants; Answers on both cases; research regarding consolidation Reviewed Court's Orders in both cases re availability of magistrate judge Reviewed Court's Orders in both cases re availability of magistrate judge 1.251 $300.00! Excessive rate; contains unnecessary time toward researching i consolidation because Offers of Judgment should have been $375.00 discussed with Plaintiff ' 0.2 $250.00 $50.00 0 $0.00 $0.00 $0.00 0.1: $250.00 $25.00 $25.00 0 $0.00 $0.00 $0.00 ~-- $50.00 ---- Excessive rate; contains unnecessary time toward researching consolidation because Offers of Judgment should have been discussed with Plaintiff; contains unnecessary time as Plaintiff could have filed one lawsuit; billed twice for same task; Motion to Consolidate not filed in Case No. 1.25 $300.00 $375.00 172 0.15 $300.00 $45.00 excessive time $300.00 Excessive rate; excessive time; contains unnecessary time as Plaintiff could have filed one lawsuit; billed twice for same $45.00 task Excessive rate; 0.15 Case No. 171 171 172 1711 172 171 Date TimeKeeper 9/3/20151 EHM ----- 9/4/20151 EHM 9/4/2015 EHM 9/5/20151 EHM 9/5/2015 EHM 9/8/2015IEHM Entry ,Prepared and filed Motion for Extension of Time to File Report of the Parties' Plannin9_~~e_tir'lg_ Researched and drafted response to Motion to i Consolidate cases Researched and drafted response to Motion to Consolidate cases Reveiwed and revised draft Response to Motion to Consolidate cases Reveiwed and revised draft Response to Motion to Consolidate cases Finalized and filed Response in Opposition to Motion to Consolidate cases. Spoke with client regarding Offer of Judgment. Prepared and filed INotice of Acceptance of Offer of I IJudgment Time 0.41 Rate Amount Billed Objection $300.~ -~120.00jExcessive rate Proposed Proposed Proposed Time Rate Total 0.4 _u$25o.oo1_~1oo.oo1 Court Ruling $1oo.o_Q $300.00 ~ Excessive rate; contains unnecessary time toward response to motion to $900.00: consolidate 0 $0.00 $0.00 $0.00 $300.00 Excessive rate; contains unnecessary time toward response to motion to consolidate; contains time billed to draft response to motion that was not filed in $900.00 Case No. 172 0 $0.00 $0.00 $0.00 $300.001 Excessive rate; contains unnecessary time toward response 1 ·to motion to $900.00 I consolidate. ol $o.ool $0.00 $0.00 $300.00 Excessive rate; contains unnecessary time toward response to motion to consolidate; contains time billed to draft response to motion that was not filed in $900.00 Case No. 172 0 $0.00 $0.00 $0.00 $300.00 Excessive rate; contains unnecessary time toward response to motion to $330.00 Iconsolidate 0.4 $250.00' $100.00 $100.00 1 31 3 31 3 1.11 Case No. TimeKeeper Date 9/8/2015 EHM 172 Finalized and filed Response in Opposition to Motion to Consolidate cases. Spoke with client regarding Offer of Judgment. Prepared and filed Notice of Acceptance of Offer of Judgment ! 1 I 9/8/20151 EHM 9/8/2015 EHM I I 171 1.1 Received email from Frank .Springfield: Everett, I am in ' receipt of your notice of acceptance of Midland's Offers of Judgment for the two LaPointe I 172 Rate Objection Excessive rate; contains unnecessary time toward response to motion to consolidate; contains time billed to draft response to motion that was not filed in Case No. 172; only $330.00 one case needed $300.00 Court Ruling Proposed Proposed Proposed Total Time Rate 0 $0.00 $0.00 $0.00 ~----- I I 171 Time Entry Amount Billed 9/9/20151 EHM I I ~:~~·u:ff!~~ :~~ ~~;=~:~~~~d ~ each case, we can see if we can get everything workf out without having to involve the Court to set those. Thanks. Received email from Frank Springfield: Everett, I am in receipt of your notice of acceptance of Midland's Offers of Judgment for the two LaPointe cases. If you will please forward me your fees and expenses for each case, we can see if we can get everything workf out without having to involve the Court to set those. Thanks. Received email from John Marshall Smith, Judge Corker's law clerk, and opposing counsel's response to same, since plaintiff accepted Offer of Judgment in both cases if the motion to consolidate and request for extension of time are now moot. 1 Excessive rate; $300.001 $45.00 excessive time 0.15 $300.00 Excessive rate; excessive time; billed $45.00 twice for same task 0.15 $300.001 $45.00 I ex<:;13ssive time 0.15 1 0.1 $250.001 0 $0.00 0.1' $250.00 $25.ool $25.oo $0.00 $0.00 $25.001 $25.00 I Excessive rate; I Case No. TimeKeeper Date 172 1711 9/9/2015 EHM 9/9/2015iEHM 172 Entry Received email from John Marshall Smith, Judge Corker's law clerk, and opposing counsel's response to same, since plaintiff accepted Offer of Judgment in both cases if the motion to consolidate and request for extension of time are now moot. ! Reviewed Court's Judgment 9/9/2015 EHM Reviewed Court's Judgment Amount Billed Rate Time 0.15 0.11 Excessive rate; excessive time; billed $45.00 twice for same task $30.00 I Excessive rate Excessive rate and time; should only be $30.00 one case $300.00 $300.00] 0.1 Objection $300.00 Proposed Proposed Proposed Time Rate Total 0 0.11 $0.00 $250.001 0 $0.00 $0.00 $0.00 $25.00L_ $25.0Q_ - - $0.00 I $300.00 Excessive rate; contains unnecessary time toward recycled fee petition; fee $960.00 incurred after OOJ ol $o.ool $0.001 $47.63 $300.00 Excessive rate; contains unnecessary time toward recycled fee petition; fee $960.00 incurred after OOJ 0 $0.00 $0.00 $0.00 $0.00 $28.50 I 171 9/21/20151 EHM 9/21/2015 EHM 172 I I I I I I 171_1 9/23/2015lSPL I Research and drafted Motion for I ·attorney fees & costs & Memo in • I support I Research and drafted Motion for attorney fees & costs & Memo in support [Client called regarding status of , his case. I told him that WHM was talking to opposing counsel [ re settlement. I told him that what EHM was trying to do was to get them to write the debt off (couldn't guarantee this), get EHM's fees and statutory Idamages for him. I told him that we would call him if EHM got his ,case settled. 3.21 3.2 I I I I I I I I l Fee incurred after OOJ accepted; trying to strike a new deal that was not part of the $28.501case I I . 1 $0.00 I I ! Court Ruling 0.3 I $95.00[ 'I 1 $95.001 Case No. Date TimeKeeper 172 9/23/2015 SPL Entry Client called regarding status of his case. I told him that WHM was talking to opposing counsel re settlement. I told him that what EHM was trying to do was to get them to write the debt off (couldn't guarantee this), get EHM's fees and statutory damages for him. I told him that we would call him if EHM got his case settled. 171 9/23/2015 EHM 172 9/23/2015 EHM I Time Rate 0.3 $95.00 Phone call to opposing counsel ,regarding fees and expenses 0.15 $300.00, Phone call to opposing counsel regarding fees and expenses 0.15 $300.00 1711 9/23/2015, EHM Email to opposing counsel o follow up on phone call regarding fees and expenses 0.15 $300.00! 172 Email to opposing counsel o follow up on phone call regarding fees and expenses 0.15 $300.00 i 9/23/2015 EHM 1711 9/23/2015 EHM Email from opposing counsel regarding fees and expenses 1711 9/23/2015 EHM Email from opposing counsel regarding fees and expenses Received email from opposing counsel re breakdown of fees and expenses 172 Received email from opposing counsel re breakdown of fees and expenses 172 9/23/2015 EHM I 9/23/2015 EHM 0.15 $300.00 0.15 $300.00 0.15 $300.00 0.15 $300.00 Amount Billed Objection Fee incurred after OOJ accepted; billed twice $28.50 for same task Excessive rate; fee ,incurred after OOJ $45.00: accepted Excessive rate; billed twice for same task; fee incurred after OOJ $45.00 accepted Excessive rate; billed twice for same task; fee incurred after OOJ $45.00 accepted Excessive rate; billed twice for same task; fee incurred after OOJ $45.00 accepted Excessive rate; fee incurred after OOJ $45.00 accepted Excessive rate; billed twice for same task; fee incurred after OOJ $45.00 accepted Excessive rate; fee $45.00 incurred after OOJ Excessive rate; billed twice for same task; fee incurred after OOJ $45.00 accepted Court Ruling Proposed Proposed Proposed Rate Total Time 0 $0.00 $0.00 $0.00 0. $250.00 $0.00 $37.50 0 $0.00 $0.00 $0.00 I ! 0 $250.00 $0.00' $37.50 0 $0.00 $0.00 $0.00 I i I 0 $250.001 $0.00 $37.50 0 $0.00 $0.00 $0.00 0 $250.00 $0.00 $37.50 0 $0.00 $0.00 $0.00 ~----·- -- Case No. TimeKeeper Date Entry Time Amount Billed Rate I ' ' 'Prepared draft Joint Motion for Extension to file Plaintiff's Motion 'for Attorney fees and Costs and emailed same to Frank Springfield 1 171 10/8/2015 EHM 171 10/8/2015 EHM 1 Prepared draft Joint Motion for Extension to file Plaintiff's Motion .for Attorney fees and Costs and emailed same to Frank Springfield 0.15 $300.00 $45.00 0.15 $300.00 $45.00 ! i 171 172 10/8/2015 EHM Received email from opposing counsel re proposed Joint Motion ·and replied to same 0.15 $300.001 $45.00 10/8/2015 EHM Received email from opposing counsel re proposed Joint Motion and replied to same 0.15 $300.00 $45.00 Received 2nd email from opposing counsel regarding changes to proposed Joint Motion 0.15 $300.001 171 i 10/8/2015 EHM I $45.00 Objection Excessive rate; fee incurred after OOJ accepted; unnecessary time toward motion for attorney's fees; fees could have been avoided if motion timely filed Excessive rate; billed twice for same task; fee incurred after OOJ accepted; unnecessary time toward motion for attorney's fees; fees could have been avoided if motion timely filed Excessive rate; fee incurred after OOJ accepted; unnecessary time toward motion for attorney's fees; fees could have been avoided if motion timely filed Excessive rate; billed twice for same task; fee incurred after OOJ accepted; unnecessary time toward motion for attorney's fees; fees could have been avoided if motion timely filed Excessive rate; fee incurred after OOJ accepted; unnecessary time toward motion for attorney's fees Proposed Proposed Proposed Time Rate Total Court Ruling i I I I ' 0 $250.00 $0.00 0 $0.00 $0.00 $0.00 ------ $0.00 ~- 0 $250.00 $0.00 0 $250.00 $0.00- $0.00 0 $250.00 $0.00; $0.00 1 $0.00 Case No. Date TimeKeeper 10/8/2015 EHM Entry Received 2nd email from opposing counsel regarding changes to proposed Joint Motion Time Amount Billed Objection Excessive rate; billed twice for same task; fee incurred after OOJ accepted; unnecessary time toward motion for $45.00 attorney's fees Excessive rate; fee incurred after OOJ accepted; unnecessary time toward motion for $480.00 attorney's fees Excessive rate; billed twice for same task; fee incurred after OOJ accepted; unnecessary time toward motion for $480.00 attorney's fees Fee incurred after OOJ i accepted; unnecessary time toward motion for $142.50 attorney's fees Billed twice for same task; fee incurred after OOJ accepted; unnecessary time toward motion for $142.50 attorney's fees Rate 0.15 $300.00 171l10/14/2015i EHM Finalized Motion for Fees and Costs and obtained supporting I affidavits 1.6 $300.00 172 10/14/2015 EHM Finalized Motion for Fees and Costs and obtained supporting affidavits 1.6 $300.00 172 171 10/15/2015 SPL Compiled and formatted Motion for Attorney Fees and Costs for filing with the Court 1.5 $95.00 172 10/15/2015 SPL Compiled and formatted Motion for Attorney Fees and Costs for filing with the Court 1.5 $95.00 I I ~1 l TOTAlS' II 54:35 I ,~;i·~ $13,783.50 I Court Ruling Proposed Proposed Proposed Rate Total Time 0 $0.00 $0.00 I o] $250.00! 0 $0.00 $0.00 $0.00 $0.00 $0.00 r------- $0.00 -I ol $95.00 $o.ool $0.00 0 $95.00 $0.00 $0.00 I I II {fi!8:8 I $1,587~75 I $2,033.88
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
