Wade, et al v. Kroger Company, et al, No. 3:2001cv00699 - Document 202 (W.D. Ky. 2008)

Court Description: MEMORANDUM AND OPINION by Judge Thomas B. Russell on 11/20/2008 re 185 Final MOTION for Settlement. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)cc:counsel (CSD)

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EXHIBIT A BILLING STATEMENT REVIEW AND ANALYSIS OF GRANT MORRIS S FEE REQUEST YEAR11 1ST HALF OF 1999 TOTAL HOURS CLAIMED 201.2 2ND HALF OF 1999 1ST HALF OF 2000 397.4 2ND HALF OF 2001 1ST HALF OF 2002 234.0 2ND HALF OF 2003 TOTAL 251.7 127.5 TRAVEL HOURS MINUS UNNECESSARY DRIVING TIME 14.5 51 22 43.5 114.9 69.5 66.2 130.7 121 66.3 185.4 82 47 98.7 40 87.5 51 76.5 75.7 74 51 98.7 69.8 29.2 15.5 83.5 84.8 277.2 99 234.8 13.3 29.5 16.2 1140.3 ARGUABLY UNNECESSARY DRIVING TIME12 63.7 397.4 135.8 30.5 TOTAL TRAVEL HOURS 20.8 201.2 149.7 2ND HALF OF 2002 1ST HALF OF 2003 65.5 145.7 277.2 NON-TRAVEL HOURS (BASED ON COURT S 51 33.5 102.3 13.3 0 0 13.3 16.2 0 0 16.2 529.5 610.6 355.8 784.3 CALCULATION OF TOTAL HOURS) 135.7 2ND HALF OF 2000 1ST HALF OF 2001 COURT S CALCULATION 1140.1 1 The calculation of hours is divided into half-year segments because the rates established by the Laffey Matrix do not follow a calendar year format, but instead are established for each year beginning June 1 and ending May 31 of the next calendar year. 2 Mr. Morris always drove when he had meetings in Kentucky, Georgia, Alabama, and Tennessee. Most, if not all of the cities he visited either contained airports with Southwest Airlines hubs, or were very close to them. Accordingly, it is not clear why, for example, he often chose to incur 14 hours of driving time from Washington, D.C., to Nashville, Tennessee, when he could have spent a small fraction of that time in the air with only a small additional cost for the ticket. Accordingly, the court has calculated the total hours spent driving to and from D.C. and then added back in three hours for each leg of Mr. Morris s D.C./Mid-South trips. The six hours added back in should cover the amount spent in flight, plus the cost of his ticket any necessary rental car.

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