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awarding court costs recoverable under Texas law to a prevailing party under the TTLA in a non-dichargeability action
Summary of this case from Rose v. Aaron (In re Rose)Opinion
CASE NO: 17-35014 ADVERSARY NO. 18-3010
07-02-2019
CHAPTER 7
MEMORANDUM OPINION
On September 25, 2018, the Court found Salim Kakal's debt to NF Clean was excepted from discharge pursuant to 11 U.S.C. § 523(a)(4) and (6). On January 24, 2019, the Court held that NF Clean was entitled to an award of attorney's fees under the Texas Theft Liability Act, and that the fees were also excepted from discharge under § 523(a)(4). NF Clean requests $68,879.00 in reasonable and necessary attorney's fees, $5,073.25 in reasonable and necessary expenses, and an additional $8,175.00 in appellate fees. Kakal objects to the fees requested, arguing that they are unreasonable, unnecessary, and excessive. The remaining issue before the Court is the reasonableness of the fees.
For the reasons set forth below, NF Clean will be awarded $50,696.95 in reasonable and necessary attorney's fees, $1,851.57 in court costs, and $5,450.00 in conditional appellate fees.
Background
The following background section is intended to provide context and does not constitute findings of fact by the Court.
In 2013, NF Clean Prestacao de Servicos and Salim Kakal entered into an oral agreement for the purchase of a 2013 Ford F150 Raptor Crew Cab (the "Truck"). (ECF No. 14 at 3). Under the agreement, Salim Kakal or his company, Mondex International, Inc., would purchase the Truck from Ray Skillman Ford, Inc. in Indiana on NF Clean's behalf. (ECF No. 14 at 3). After purchasing the Truck, Kakal would then ship the Truck from Indiana to Houston, and thereafter to Angola where it would reach NF Clean. (ECF No. 14 at 3).
Pursuant to the agreement, Kakal purchased the Truck from Ray Skillman Ford on September 13, 2013 for $68,929.75. (ECF No. 14 at 4). For the purchase of the Truck plus shipping charges, NF Clean paid Kakal a total of $84,851.87. While in transit to Houston, the Truck was stolen. (ECF No. 14 at 4). In September 2014, Salim Kakal recovered the stolen Truck. (July 9, 2019 Hearing at 10:29 a.m.). Although Kakal acknowledged that the stolen Truck was NF Clean's property when he regained possession, Kakal sold the Truck and failed to remit any of the sale proceeds to NF Clean. (July 9, 2018 Hearing at 10:23 a.m.). NF Clean never received the Truck or its proceeds.
On March 30, 2016, NF Clean filed a lawsuit in the 61st Judicial District of Harris County against both Kakal, individually, and Mondex, asserting claims for breach of contract, fraud, breach of fiduciary duty, conversion, alter ego, and sham to perpetrate fraud. (ECF Nos. 1 at 3; 14-1 at 4). On August 18, 2017, Kakal filed for chapter 7 bankruptcy, staying the state court lawsuit. (Case No. 17-35014, ECF No. 1). Kakal's chapter 7 case was subsequently converted to a chapter 13 bankruptcy on October 26, 2017. (Case 17-35014, ECF No. 27). On January 1, 2018, NF Clean initiated this adversary proceeding against Kakal, alleging that Kakal's debt to NF Clean was nondischargeable under 11 U.S.C. § 523(a)(2), (4), and (6). (ECF No. 1 at 3).
The Court held an evidentiary hearing on July 9, 2018, during which Kakal provided testimony. (July 9, 2018 Hearing at 10:20 a.m.). At the conclusion of hearing, the Court held that Kakal's debt to NF Clean was excepted from discharge under § 523(a)(4) and (6), and that Kakal was liable for damages in the amount of $54,255.73. (July 9, 2018 Hearing at 11:31 a.m.). Specifically, the Court found that:
(i) None of the elements of § 523(a)(2) were proven;(July 9, 2018 Hearing at 11:31 a.m.).
(ii) No fiduciary relationship existed between NF Clean and Salim Kakal sufficient to find fraud or defalcation under § 523(a)(4);
(iii) Salim Kakal committed larceny and embezzlement under § 523(a)(4) when he received the stolen Truck, subsequently sold it a third party, and failed to remit any of the proceeds of sale to NF Clean;
(iv) The act of selling the recovered Truck, which belonged to NF Clean at the time, was willful and malicious under § 523(a)(6).
Attorney's Fees
The parties were unable to reach an agreement regarding appropriate attorney's fees following the Court's liability determination. On September 24, 2018, Kakal filed a brief opposing an award of attorney's fees. (See ECF No. 17). Kakal argued that NF Clean was not entitled to recover attorney's fees, because: (i) prepetition fees cannot be awarded without a state court judgment, and (ii) post-petition fees "can only be awarded where there is a contract between the parties that entitles the creditor to legal fees." (ECF No. 17 at 1). On January 24, 2019, the Court held that Kakal was entitled to an award of attorney's fees under the Texas Theft Liability Act. The Court also held that the fees were excepted from discharge under § 523(a)(4).
On February 14, 2019, Kakal filed a motion to reconsider the Court's January 14, 2019 Memorandum Opinion. (See ECF No. 24). Kakal argued that a bankruptcy court could not award attorney's fees under a state statute, where the attorney's fees were not previously awarded by a non-bankruptcy court. (ECF No. 24 at 1). The Court denied Kakal's motion to reconsider on April 25, 2019. (See ECF No. 26).
On February 14, 2019, the Court also held a hearing to determine the amount of reasonable and necessary attorney's fees that should be awarded. NF Clean argues that it is entitled to an award of $68,883.00 for necessary and reasonable attorney's fees and $4,781.45 for reasonable and necessary expenses. (February 14, 2019 Hearing at 11:02 a.m.). Kakal characterizes NF Clean's requested fees as unreasonable, duplicative, and excessive in light of the simplicity of the litigated issue. (February 14, 2019 Hearing at 11:22-11:40 a.m.).
All of NF Clean's fees, costs and expenses were incurred through its counsel, the Orgain Bell & Tucker law firm. Kakal argues that travel fees and expenses should be reduced significantly because Orgain Bell has a Houston location, making travel from the Beaumont office unnecessary and costly. (February 14, 2019 Hearing at 11:42 a.m.). NF Clean counters that the issues are complex, requiring a certain skill and expertise, which could only be provided by attorneys located in the Beaumont office; thus, all travel fees are necessary and reasonable. (February 14, 2019 Hearing at 11:12 am.). NF Clean anticipates that on appeal it will incur an additional $8,175.00 in reasonable and necessary attorneys' fees and requests that the Court grant these fees if there is an appeal. (February 14, 2019 at 11:17 a.m.). The Court requested further briefing on whether a firm may charge travel time in a fee-shifting case. (February 14, 2019 Hearing at 11:48 a.m.).
Jurisdiction
The District Court has jurisdiction over this proceeding under 28 U.S.C. § 1334(a). This is a core proceeding under 28 U.S.C. §157(b)(2)(J). Pursuant to 28 U.S.C. § 157(a), this proceeding has been referred to the Bankruptcy Court by General Order 2012-6.
Analysis
State law controls both the award and reasonableness of attorney's fees where state law supplies the rule of decision. See Mathis v. Exxon Corp., 302 F.3d 448, 461 (5th Cir. 2002). This Court held that NF Clean was entitled to an award of attorneys' fees pursuant to the Texas Theft Liability Act ("TTLA"). See TEX. CIV. PRAC. & REM. CODE § 134.005(b) ("Each person who prevails in a suit under [the TTLA] shall be awarded court costs and reasonable and necessary attorney's fees."). Texas law controls the reasonableness of attorney's fees. See Mathis, 302 F.3d at 461.
I. Court Costs
NF Clean claims that it is entitled to $5,073.25 in reasonable and necessary expenses. (February 14, 2019 Hearing at 11:02 a.m.). The prevailing party in a suit under the TTLA is entitled to court costs and reasonable and necessary attorney's fees. TEX. CIV. PRAC. & REM. CODE § 134.005(b). General litigation expenses are not recoverable as attorney's fees to the prevailing party under § 134.005(b). In re Mud King Prod., 525 B.R. 43, 60 (Bankr. S.D. Tex. 2015) (citing Int'l Paper Co. v. Frame, No. 01-41094, 2003 WL 21195497, at *6-7 (5th Cir. 2003)). Recoverable court costs include: deposition costs, filing fees, court reporter fees, transcripts, and subpoena/citation fees. Int'l Paper, 2003 WL 21195497, at *6-7; Shenandoah Assoc. v. J & K Prop., Inc., 741 S.W.2d 470, 487 (Tex. App.—Dallas 1987). Fees that are not recoverable as court costs include: delivery services (such as Federal Express), travel, long distance phone calls, bond premiums, postage, reproduction/photocopying expense, binding of briefs, costs of experts, and secretarial overtime. Id. Accordingly, NF Clean is entitled to $1,851.57 in court costs. (See Appendix B).
At the February 14, 2019 hearing, NF Clean alleged that it was entitled to expenses in the amount of $4,781.45; however, its exhibit reflects the amount above. The claimed expenses are reproduced as Appendix B.
II. Attorney's Fees
NF Clean asserts that it is entitled to $68,879.00 in attorney's fees. (February 14, 2019 Hearing at 11:02 a.m.). Only "reasonable and necessary attorney's fees should be awarded." TEX. CIV. PRAC. & REM. CODE § 134.005(b). The Texas Supreme Court has identified eight factors courts should consider when determining the reasonableness of attorney's fees:
At the February 14, 2019 hearing, NF Clean alleged it was entitled to $68,883.00 in reasonable and necessary attorney's fees; however, exhibit 7 reflects the amount listed above.
(1) The time and labor required, the novelty and difficulty of the questions involved, and the skill required to perform the legal service properly; (2) the likelihood . . . that the acceptance of the particular employment will preclude other employment by the lawyer; (3) the fee customarily charged in the locality for similar legal services; (4) the amount involved and the results obtained; (5) the limitations imposed by the client or by the circumstances; (6) the nature and length of the professional relationship with the client; (7) the experience, reputation, and ability of the lawyer or lawyers performing the services; and (8) whether the fee is fixed or contingent on results obtained or uncertainty of collection before the legal services have been rendered.Arthur Anderson & Co. v. Perry Equip. Corp., 945 S.W.2d 812, 818 (Tex. 1997). The party requesting fees bears the burden of proof. In re Mud King Prod., 525 B.R. 43, 48 (Bankr. S.D. Tex. 2015). That proof should include: (i) the nature of the work, (ii) who performed the services and their rate, (iii) approximately when the services were performed, and (iv) the number of hours worked. Id.
At the hearing on attorney's fees, NF Clean offered testimony regarding Orgain Bell's hourly rates, along with a 168-page exhibit listing its pre-petition and post-petition fees and expenses, dating back to June 18, 2014. (See ECF No. 23-1). Kakal does not object to the hourly rates charged. Rather, Kakal argues that the amounts charged are unreasonable, unnecessary and, excessive given the relative simplicity of the issues present in this case. (February 14, 2019 Hearing at 11:24 a.m.). Kakal maintains that this Court has no authority to award pre-petition attorney's fees and NF Clean is only entitled to $8,000.00 in connection with this adversary proceeding, fees which it has failed to segregate. (February 14, 2019 Hearing at 11:23 a.m.). Although Kakal disputes NF Clean's recovery of fees in connection with the state court litigation, it argues that NF Clean is only entitled to $7,000.00 in pre-petition fees if such fees are allowed. (February 14, 2019 Hearing at 11:24 a.m.).
At the hearing on its fees, NF Clean testified as to the work performed and hourly rates charged by its various attorneys: (i) Warren Wise: 359.2 hours at $160.00/hr for a total of $57,472.00; (ii) John Bullard: 41.2 hours at $225.00/hr for a total of $3,195.00; (iii) David Bledsoe: 39.9 hours at $162.00/hr for a total of $6,384.00; (iv) Kim Daily: 7 hours at $162.00/hr for a total of $1,120.00; (v) Josh Mulland (summer associate): 2 hours at $80.00/hr for a total of $160.00; (vi) Angie Laird (paralegal): 6.9 hours at $80.00/hr for a total of $552.00. (February 14, 2019 Hearing at 11:05 a.m.).
The claimed attorney's fees are reproduced as Appendix A.
A bankruptcy court is not precluded from awarding attorney's fees even where there is no prior state court judgment awarding those fees. Saenz v. Gomez, 899 F.3d 384, 390 (5th Cir. 2018) (citing Morrison v. W. Builders of Amarillo, Inc., (In re Morrison), 55 F.3d 473, 479 (5th Cir. 2009)).
A. Duty to Segregate
When a party prevails on multiple claims, not all of which allow for the recovery of attorneys' fees, Texas law requires that the party "segregate fees between claims for which they are recoverable and claims for which they are not." Edelman v. Drexel Highlander Ltd. P'ship, DGP, LLC, No. 3:14-CV-4109-P, 2015 WL 5714728, at *8 (N.D. Tex. Sept. 28, 2015) (quoting Tony Gullo Motors I, L.P. v. Chapa, 212 S.W.3d 299, 311 (Tex. 2006)). The general rule is that "the plaintiff is required to show that fees were incurred while suing the defendant sought to be charged with the fees on a claim which allows recovery of such fees." Tony Gullo Motors I, 212 S.W.3d at 312 (quoting Stewart Title Guar. Co. v. Sterling, 822 S.W.2d 1, 10 (Tex. 1991)). "A recognized exception to this duty to segregate arises when the attorney's fees rendered are in connection with claims arising out of the same transaction and are so interrelated that their 'prosecution or defense entails proof or denial of essentially the same facts.'" Id. However, "if any attorney's fees relate solely to a claim for which such fees are unrecoverable, a claimant must segregate recoverable from unrecoverable fees." Id. at 313; see In re Mud King Prod., 525 B.R. 43, 56 (Bankr. S.D. Tex. 2015). "Intertwined facts do not make tort fees recoverable; it is only when discrete legal services advanced both a recoverable and unrecoverable claim that they are so intertwined that they need not be segregated." In re Mud King Prod., 525 B.R. at 56; see SCA Promotions, Inc. v. Yahoo! Inc., No. 3:14-cv-957-O, 2016 WL 8223206, at * 3 (N.D. Tex. Nov. 21, 2016) ("The standard to determine whether the fees for intertwined claims are recoverable is whether the claimant would have done the same work for which it is requesting fees had it not brought the non-recoverable claim.").
On March 30, 2016, NF Clean filed a state court lawsuit against Kakal individually, and Mondex International, Inc., asserting claims for breach of contract, fraud, breach of fiduciary duty, conversion, alter ego, and sham to perpetrate fraud. (ECF Nos. 1 at 3; 14-1 at 4). The state court lawsuit was removed to this Court after Kakal filed chapter 7 bankruptcy. This Court found Kakal's debt to NF Clean excepted from discharge pursuant to § 523(a)(4) and (6). The Court further held NF Clean was entitled to an award of attorney's fees under the TTLA and that those fees were excepted from discharge under § 523(a)(4). Accordingly, NF Clean is only entitled to recover fees related to the TTLA claim. Tony Gullo Motors I, 212 S.W. 3d at 311.
NF Clean's attorney's fees exhibit includes time spent prosecuting claims against defendants other than Kakal. Some of that time is reproduced in the chart below. It should be noted that not all entries reflecting the Court's analysis are included in the charts provided below. The charts are merely a small sample of problematic entries.
525 B.R. at 55 ("In cases with multiple defendants, to recover its attorney[']s fees, the plaintiff must segregate the fees owed by each defendant so that the 'defendants are not charged fees for which they are not responsible.'").
The [R] represents redacted portions of an entry.
There are various entries in the attorney's fee exhibit for work related to claims other than the TTLA claim:
Date | Atty | Description | Hours | Rate | Amount |
---|---|---|---|---|---|
6/20/2017 | WBW | Conducted legal research regarding whetherdiscovery can be conducted on a piercing thecorporate veil theory. | 2.00 | $160.00 | $320.00 |
8/22/2017 | WBW | Conducted legal research regarding presentingattorney's fees in trial for breach of contractclaims. | 1.40 | $160.00 | $224.00 |
6/20/2017 | WBW | Conducted legal research regarding whetherdiscovery can be conducted on a piercing thecorporate veil theory. | 2.00 | $160.00 | $320.00 |
7/5/2018 | WBW | Conducted legal research regarding the legalrequirements for proving fraud in thebankruptcy code specifically as it relates tonon-dischargeability matters. | 2.50 | $160.00 | $400.00 |
Kakal objects to the amount of time spent communicating between NF Clean and Orgain Bell. (February 14, 2019 Hearing at 11:27 a.m.). Attorney time spent communicating with a client may be recoverable. Nevertheless, it is only recoverable if the communications concerned the TTLA claims. Solid Sys. CAD Servs. v. Total Risc Tech., LTD, No. 4:12-CV-03176, 2016 WL 5942935, at *5 (S.D. Tex. Oct. 13, 2016) (noting plaintiff properly reduced "general discovery, case management[,] and client communications" as part of its segregation efforts). Orgain Bell's billing includes 117 entries in which it cites either correspondence, review of correspondence, or phone conferences with NF Clean's owner, Nuno Fernandes. The substance of these communications has largely been redacted.
Date | Atty | Description | Hours | Rate | Amount |
---|---|---|---|---|---|
6/18/2014 | JB | Phone conference with Nuno. [R] | 0.60 | $225.00 | $135.00 |
6/19/2014 | JB | Phone conference with Nuno. [R] | 0.40 | $225.00 | $90.00 |
3/9/2016 | WBW | Email correspondence with Nuno Fernandes.[R] | 0.30 | $160.00 | $48.00 |
3/9/2016 | WBW | Email correspondence with Nuno Fernandes.[R] | 0.30 | $160.00 | $48.00 |
11/16/2016 | WBW | Email correspondence with Nuno Fernandes.[R] | 0.30 | $160.00 | $48.00 |
11/16/2016 | WBW | Email correspondence with Nuno Fernandes.[R] | 0.30 | $160.00 | $48.00 |
4/23/2018 | WBW | Email correspondence with Nuno Fernandes.[R] | 0.30 | $160.00 | $48.00 |
4/25/2018 | WBW | Email correspondence with Nuno Fernandesregarding ... [R] | 0.20 | $160.00 | $32.00 |
4/27/2018 | WBW | Telephone conversation with Nuno Fernandesregarding the [R] | 0.40 | 160.00 | $64.00 |
B. Billing Judgment
In presenting a request for fees, a party should demonstrate billing judgment. Saizan v. Delta Concrete Prod. Co., Inc., 448 F.3d 795, 799 (5th Cir. 2006). Billing judgment should be evident from the attorneys' invoices offered in support of the request and "charges for duplicative, excessive, or inadequately documented work should be excluded." In re Mud King Prod., 525 B.R. at 54 (excluding time for entries that were "block billed, vague and uninformative" or containing "duplicate entries and excessive time"); see Walker v. Dep't. of Hous. and Urban Dev., 99 F.3d 761, 769 (5th Cir. 1996) (noting plaintiffs did not exercise billing judgment when they billed for issues on which they did not prevail, and for time spent on issues they did not pursue).
i. Trial Preparation
Kakal objects to the time spent on trial preparation as excessive and duplicative. (February 14, 2019 Hearing at 11:35 a.m.). Orgain Bell spent time preparing for trial on three separate occasions:
i. From April 18, 2017 to April 27, 2017 Orgain Bell noted a total of 43.80 hours of trial preparation, including working on a proposed jury charge, conversations with co-counsel, and preparing: (i) Kakal's cross-examination, (ii) Nuno's direct-examination, (iii) opening and closing statements, and (iv) trial exhibits. (See Appendix A, entries 144-182).
ii. From August 14, 2017 to August 23, 2017 Orgain Bell noted another 34.90 hours preparing for trial, including outlining and preparing: (i) NF Clean's opening
statement, (ii) voir dire presentation, (iii) closing argument, (iv) direct examination and (v) Kakal's cross-examination, along with drafting and revising NF Clean's proposed jury charge, outlining arguments for attorney's fees, and working on demonstrative exhibits. (See Appendix A, entries 260-291).
iii. From July 2, 2018 to July 8, 2018 Orgain Bell noted 27.20 hours spent preparing for an evidentiary hearing in this Court, including preparing: (i) Nuno Fernandes's direct examination, (ii) Salim Kakal's cross-examination, (iii) NF Clean's closing argument, (iv) attorney's fees, and (v) discussions with Mr. Wise. (See Appendix A, entries 480-501).
At the February 14, 2019 hearing, NF Clean argued that the first trial delay in the state court proceeding was caused by Kakal and the second delay was a consequence of Kakal's bankruptcy filing, and it should therefore not be penalized for having to prepare on three separate occasions. (February 14, 2019 Hearing at 11:11 a.m.). Kakal agreed that the first trial had been delayed due to scheduling issues; it maintained, however, that the time spent was excessive. At the hearing, the Court noted that the issues present in this case are neither novel nor complex.
The Court agrees that NF Clean should not be penalized for having to prepare additional time when it did not create the circumstances for a second or third delay. However, as mentioned above, NF Clean has a duty to segregate for work done between claims that are recoverable and those that are not. Tony Gullo Motors I, L.P., 212 S.W.3d at 311; NuVasive, Inc. v. Lewis, No. A-12-CA-1156-SS, 2014 WL 12873101, at *2 (W.D. Tex. Oct. 23, 2014) (reducing requested fees from $265,396.00 to $10,000.00 where parties had not segregated fees and the TTLA claim was not a substantial part of the case). Here, theft or conversion was one of six initial claims at the state court level. At the federal level, it was one of three claims. In failing to reduce a percentage of the amount claimed, NF Clean did not seek the appropriate amount of fees.
ii. Vague, Unrelated, and Unnecessary Claims
NF Clean's requested fees include billing entries that: (i) are vague, (ii) exhibit work incurred in the prosecution of persons other than Kakal, (ii) deal with issues unrelated to the TTLA claim, or (iv) are for claims on which NF Clean either did not prevail or did not pursue.
Date | Atty | Description | Hours | Rate | Amount |
---|---|---|---|---|---|
10/15/2014 | JB | Draft demand letter to Forgiato regardingreturn of funds to Nuno. | 0.60 | $225.00 | $135.00 |
10/15/2014 | JB | Research Forgiato relative to demand for returnof funds. | 0.20 | $225.00 | $45.00 |
10/15/2014 | JB | Exchange correspondence with Forgiatoregarding demand for return of Nuno's money | 0.20 | $22500 | $45.00 |
10/15/2014 | JB | Review correspondence from Nuno regardingbackground on funds held by Forgiato. | 0.20 | $225.00 | $45.00 |
4/1/2016 | JB | Draft Memo [R]. | 0.20 | $225.00 | $45.00 |
6/7/2016 | WBW | Drafted plaintiff's motion for default judgment. | 1.30 | $160.00 | $208.00 |
6/8/2016 | JB | Address evidentiary issues regarding motionfor default judgment w/ related review ofapplicable statutes and rules. | 0.20 | $225.00 | $45.00 |
6/8/2016 | WBW | Researched the Harris county District Clerk'soffice for purposes of determining whether thedefendants have been served and filed answers. | 0.50 | $160.00 | $80.00 |
6/8/2016 | WBW | Continued drafting plaintiff's motion fordefault judgment. | 1.30 | 160.00 | $208.00 |
6/8/2016 | WBW | Conference call with the Harris County DistrictClerk's office for purposes of determiningwhether the defendants have been served andfiled answers. | 0.30 | $160.00 | $48.00 |
7/1/2016 | WBW | Finalized plaintiff's motion for defaultjudgment, including the order granting thedefault judgment. | 1.00 | $160.00 | $160.00 |
2/10/2017 | WBW | Conducted legal research regarding . . . [R]. | 1.50 | $160.00 | $240.00 |
4/21/2017 | WBW | Email correspondence [R] | .10 | $160.00 | $16.00 |
4/21/2017 | WBW | Telephone conversation [R] | 0.30 | $160.00 | $48.00 |
5/22/2017 | WBW | Telephone call with Agostinho Lourenco'sattorney regarding ... [R]. | 0.30 | $160.00 | $48.00 |
5/23/2017 | WBW | Email correspondence with AgostinhoLourenco's attorney regarding ... [R] | 0.20 | $160.00 | $32.00 |
5/25/2017 | AL | Perform extensive research via Westlaw,LexisNexis, PublicData, TXDMV, BMV ofIndiana, Dept. of Transportation and the HarrisCounty Tax Assessor regarding ... [R] | 4.00 | $80.00 | $320.00 |
8/23/2017 | WBW | Conducted background research related toZoila Prentice and her potential assets that maybe community property. | 1.40 | $160.00 | $224.00 |
10/3/2017 | WBW | Conducted legal research with respect to ZoilaRoxana Prentice-Florez for purposes ofdetermining whether she owns any propertythat may be community property to whichSalim Kakal may have a claim to. | 1.20 | $160.00 | $192.00 |
Additionally, NF Clean includes entries for work performed in drafting and filing NF Clean's motion for default judgment. (Appendix A, entries 77-78, 82, 88, 90, 93-96, 98, 100). Given that NF Clean did not prevail on its motion for default judgment, it is not entitled to recovery for fees incurred in that work. (See Appendix A, entry 90 (writing off work done for a motion for default judgment, yet not doing so for other entries involving the same issue)).
The entries noted in the chart above are examples of fees that NF Clean may not recover in full, because they (i) inadequately describe the work performed, (ii) are for causes of action on which they did not prevail, and (iii) include unnecessary work. See In re Mud King Prod., 525 B.R. at 54, 57 (discounting or excluding time that is excessive, redundant, vague, uninformative, or otherwise unnecessary for prosecution of the TTLA Claim); Walker v. Dep't. of Hous. and Urban Dev., 99 F.3d at 769.
Plaintiffs seeking attorney's fees must demonstrate that they exercised appropriate billing judgment. Saizan, 448 F.3d at 799. Billing judgment requires documentation of the hours charged and of the hours written off as unproductive, excessive or redundant. Id. The proper remedy for omitting evidence of billing judgment does not include a denial of fees but, rather, a reduction of the award by a percentage intended to substitute for the exercise of billing judgment. Id.
The Court notes that in "writing off" some amounts, NF Clean exercised some billing judgment. However, in failing to exclude amounts for issues on which it did not prevail and reduce amounts for entries that are vague or excessive, NF Clean failed to demonstrate complete billing judgment. Walker v. Dep't. of Hous. and Urban Dev., 99 F.3d at 769; (see Appendix A, entry 90 (writing off work done for a motion for default judgment, yet not doing so for other entries involving the same issue)). Accordingly, the Court will exclude time entries (i) reflecting work unnecessary to the TTLA claim, (ii) for issues on which NF Clean did not prevail, and (ii) which are so vague or redacted that it inhibits the Court's assessment of the entries' reasonableness. In re Mud King Prod., 525 B.R. at 59. The Court further reduces amounts for trial preparation by 10%. Walker, 99 F.3d at 769 (reducing a fees award by 15% where "there was no evidence of billing judgment); Saizan, 448 F.3d at 799, 800 (imposing a 10% reduction for failure to write off duplicative, unproductive or excessive time).
C. Block Billing
"The term 'block billing' refers to the time-keeping method by which each lawyer and legal assistant enters the total daily time spent working on a case, rather than itemizing the time expended on specific tasks." Gurule v. Land Guardian, Inc., No. 4:15-CV-03487, 2017 WL 67671821, at *4 (S.D. Tex. Oct. 24, 2017). When time records are block billed, the court cannot accurately determine the number of hours spent on any particular task, and the court is hindered in determining whether the hours billed are reasonable. Id. (quoting Barrow v. Greenville Indep. Sch. Dist., No. 3:00-CV00913-D, 2005 WL 6789456, at *4 (N.D. Tex. Dec. 20, 2005)). For example, a person engaging in block billing would record the total amount of time spent on a case that day, and then group several tasks under that single entry, leaving the court unable to determine how much time was devoted to a given task. Castro v. Precision Demolition LLC, No. 3:15-CV-0213-D, 2017 WL 6381742, at *6 (N.D. Tex. Dec. 14, 2017).
In submitting its accounting of expenses and fees, NF Clean has grouped several tasks within a single entry, preventing the Court from accurately determining the time spent on a particular task, thus impairing the Court's evaluation of whether the fees charged and the hours expended for those individual tasks, are reasonable.
Date | Atty | Description | Hours | Rate | Amount |
---|---|---|---|---|---|
10/3/2017 | DBB | Prepare for Meeting of Creditors, includingdetailed review of bankruptcy pleadings(Official Form 101 - Voluntary Petition forIndividuals, Initial Order for Prosecution ofCh. 7 Case, Official Form 309A - No Proof ofClaim Deadline, Order - Possible FutureDismissal, Motion to Extend Deadlines,Notice of Meeting of Creditors and AmendedNotice of Meeting of creditors, Schedule ofAssets, and Motion to Convert from Ch. 7 toCh. 13), Cause No. 2016-20315 pleadings anddiscovery (Original Petition, AmendedPetition, Answer, Amended Answer, Motionto Compel, Response to Motion to Compel,Plea to Capacity, Response to Plea toCapacity, Deposition of Salim Kakal, andSuggestion of Bankruptcy), and Secretary ofState business filings; Obtain and reviewbackground/asset reports on Salim Kakal andwife, Zoila Roaxana prentice-Florez, FontaineTrading, Mo[n]dex, and Fanco USA. | 6.00 | $160.00 | $960.00 |
10/4/2017 | DBB | Prepare for Meeting of Creditors, includingpreparation of detailed outline questions toask Salim Kakal and continued detailedreview of bankruptcy pleadings (OfficialForm 101- Voluntary Petition for Individuals,Initial Order for Prosecution of Ch. 7 Case,Official Form 2095A - No Proof of ClaimDeadline, Order - Possible Future Dismissal | 8.00 | $160.00 | $1,280.00 |
Motion to Extend Deadlines, Notice ofMeeting of Creditors and Amended Notice ofMeeting of Creditors, Schedule of Assets, andMotion to Convert from Ch. 7 to Ch. 13),Cause No. 2016-20315 pleadings anddiscovery (Original Petition, AmendedPetition, Answer, Amended Answer, Motionto Compel, Response to Motion to Compel,Plea to Capacity, Response to Plea toCapacity, Deposition of Salim Kakal, andSuggestion of Bankruptcy), Secretary of Statebusiness filings; background/asset reports onSalim Kakal and wife, Zoila Roxana Prentice-Florez, Fontaine Trading, Mo[n]dex, and FacoUSA. |
A court's response to block billing varies. Generally, courts reduce the amount of fees by a set percentage depending on the egregiousness of block billing. See Symetra Life Insurance Co. v. Rapid Settlements, LTD, Nos. H-05-31667, H-06-2933, 2015 WL 6739022, at *7 (S.D. Tex. Nov. 4, 2014) (analyzing two separate cases, one of which reduced the amount of recoverable hours by 10% and another, which found a 40% reduction appropriate where there appeared "repeated block-billed entries and highly redacted and generally unreliable supporting documentation"). The court in Symetra itself only reduced the amount of fees by 3% for block billing. Id. The court indicated that the amount and extent of block billing was relatively low in comparison to other cases. Id. In coming to that conclusion, the court pointed to: (i) daily entries which identified and provided detailed information about the discrete tasks performed each day, (ii) the entries themselves were for short periods of time and contained "only one or two legal tasks reflecting a single objective;" and (iii) the court was "able to determine whether the amount of time billed was reasonable." Id.
However, "although courts may assess across-the-board reductions for block billing, a finding that an attorney engaged in block billing does not automatically lead to a reduction in time billed." Martinez v. Refinery Terminal Fire Co., No. 2:11-CV-00295, 2016 WL 4594945, at *5 (S.D. Tex. Sept. 2, 2016). "The court must evaluate whether the applicant's evidence is sufficient to enable it to determine the reasonableness of the hours expended." Id. Here, although the amount of block billing is not egregious in that there are not many entries as the ones noted above, unlike the court in Symetra, the block billed entries in this case preclude an assessment as to whether the time spent on the individual tasks is reasonable. Symetra, 2015 WL 6739022, at *7. Here, the entries exemplifying block billing (i) are for large fee amounts, (ii) include considerable number of tasks, (iii) are for extended periods of time, (iv) and include fees for work that is not recoverable. (Appendix A, entries 319, 321). These entries are akin to those found in Fralick. No. 3:09-CV-0752-D, 2011 WL 487754, at *6 (N.D. Tex. Feb. 11, 2011). In that case, the court reduced the recoverable hours by 10% where block billed entries ranged from 2.5 hours to 5.25 hours and had "too many entries lump[ed] together" making it impossible to assess whether the number of hours spent and claimed was reasonable. Id. The same is true here, except that the entries are for larger amounts and include fees for unrecoverable work. (See Appendix A, entries 319, 321 (noting between 6 and 8 hours of time and work for NF Clean's motion to compel)). In light of these entries, the Court will apply a 15% reduction rate for block billing.
D. Travel Fees
The Fifth Circuit has stated that there is no consensus on whether the hourly rate an attorney should charge for the work done during travel time is the normal hourly rate or one-half the hourly rate. See In re Babcock & Wilcox Co., 526 F.3d 824, 828 (5th Cir. 2008) (citing In re Cano, 122 B.R. 182 (Bankr. N.D. Ga. 1991)). The only clear principle is that courts have broad discretion to award fees. Id. at 828. Compare In re Unger & Assocs., Inc., 277 B.R. 694, 698 (Bankr. E.D. Tex. 2001) (finding that customary practice in the Eastern District of Texas was billing travel time at half the hourly rate), and In re Anderson Grain Corp., 222 B.R. 528, 532 (Bankr. N.D. Tex. 1998) (finding that a one-half the hourly rate for time spent actually working on a matter while traveling was more than adequate compensation given the number of distractions to consider while traveling), with In re Cano, 122 B.R. 812, 813 (Bankr. N.D. Ga. 1991) (finding a full hourly rate permissible so long as: (i) the trip is necessary; (ii) travel is not overly luxurious; (iii) and the fees are not "too large a percentage of the total requested compensation").
In Babcock, the Fifth Circuit discussed both sides of the spectrum—bankruptcy cases that supported an award of a reasonable, full hourly rate for travel time, and courts which properly discounted travel time. 526 F.3d at 828. The Fifth Circuit held that the party requesting fees had not carried its burden of demonstrating that "comparably skilled practitioners" charged the full hourly rate for travel time. Id. Thus, the Fifth Circuit held that it was not an abuse of discretion to award attorney's fees at 50% of the hourly rate for travel time not spent working. Id. at 826.
As previously discussed, Kakal argues that travel fees and expenses should be reduced significantly given the relative simplicity of the issues involved and considering that the firm has an office in Houston making travel unnecessary and costly. (February 14, 2019 Hearing at 11:42 a.m.). NF Clean disagrees, claiming that the issues involved in the case are complex and therefore require the skill and expertise of attorneys located in the firm's Beaumont office. (February 14, 2019 Hearing at 11:12 a.m.).
At the hearing, the Court noted that this case involved straightforward issues. Nevertheless, the hourly rate charged for travel in this case is $160.00, below the rates customarily charged by Houston attorneys. See generally In re Shree Mahalaxmi, Inc., 522 B.R. 899, 910 (Bankr. W.D. Tex. 2014) (reducing the hourly rates of $545.00 and $570.00 by 50 percent); In re Cano, 122 B.R. at 813 (awarding the full hourly rate of $150.00 for travel time). It does not seem reasonable to reduce the hourly rate below $160.00 per hour for travel time, given that rate is already less than half of a customary rate for a local attorney. However, the Court cannot with reasonable probability determine how many hours were spent traveling in this case. All travel entries are grouped with other tasks:
Date | Atty | Description | Hours | Rate | Amount |
---|---|---|---|---|---|
12/28/2016 | WBW | Took the deposition of Salim Kakal inHouston, Texas | 8.50 | $160.00 | $1,360.00 |
10/5/2017 | DBB | Prepare for and attend Meeting of theCreditors, including travel; Memo to file resummary of same. | 5.00 | $160.00 | $800.00 |
10/26/2017 | WBW | Attended the court-mandated statusconference hearing in Houston, Texas | 5.50 | $160.00 | $880.00 |
11/2/2017 | DBB | Prepare for and attend Meeting of Creditors(reset), including travel; Memo to file resame. | 6.50 | $160.00 | $1,040.00 |
12/22/2017 | DBB | Prepare for and attend Meeting of Creditors(reset), including travel; Memo to file resame. | 7.00 | $160.00 | $1,120.00 |
3/1/2018 | WBW | Attended joint scheduling conference hearingin Houston, Texas. | 8.50 | $160.00 | $1,360.00 |
4/30/2018 | WBW | Attended court ordered mediation with SalimKakal in Houston, Texas. | 4.00 | $160.00 | $640.00 |
4/30/2018 | WBW | Attended court hearing on Salim Kakal'sconfirmation of the plan in Houston, Texas. | 4.50 | $160.00 | $720.00 |
6/18/2018 | WBW | Attended the court-ordered pre-trial hearingin Houston. | 6.50 | $160.00 | $1,040.00 |
7/6/2018 | WBW | Met with Nuno Fernandes in Houston, Texasto [R] | 8.00 | $160.00 | $1,280.00 |
7/8/2018 | WBW | Traveled to Houston, Texas to prepare fortrial in the bankruptcy proceeding. | 1.50 | $160.00 | $240.00 |
7/9/2018 | WBW | Attend trial in the bankruptcy proceeding. | 8.50 | $160.00 | $1,280.00 |
9/25/2018 | WBW | Prepared for the court-ordered hearing on theattorney's fees issue in Houston, Texas. | 1.60 | $160.00 | $256.00 |
9/25/2018 | WBW | Attended the court-ordered hearing on theattorney's fees issue in Houston, Texas. | 7.00 | $160.00 | $1,120.00 |
For example, on March 1, 2018, Mr. Wise spent 8.50 hours attending a joint scheduling conference in Houston, Texas. (Appendix A, entry 417). The joint scheduling conference lasted approximately 20 minutes. (See March 1, 2018 Hearing). Even assuming three hours of travel time roundtrip, the entry fails to account for approximately 5 hours. On April 30, 2018, counsel attended both court-ordered mediation and a confirmation hearing. (Appendix A, entries 463-64). The Court is unable to identify which of those entries includes the travel time for the day, and how much time was spent in mediation. However, the confirmation hearing lasted approximately 10 minutes. (See Case No. 17-35014, April 30, 2018 Hearing). Assuming travel time was the same as stated above, and the confirmation hearing entry includes travel time, the description fails to account for approximately 1.4 hours of time. On June 18, 2018, NF Clean's counsel spent 6.50 hours attending a court-ordered pre-trial hearing in Houston. (Appendix A, entry 483). The hearing lasted less than 15 minutes. (See June 18, 2018 Hearing at 10:04:09-10:07:45 a.m.). Assuming all the same travel variables, this entry leaves more than 3 hours without an explanation. The September 25, 2018 entries are similar. (See Appendix A, entries 515-16). Presumably, the first entry does not include travel and the second does; however, the hearing held on September 25, 2018 only lasted 20 minutes. (See September 25, 2018 Hearing). Even adding a three-hour travel window, that leaves approximately 3.5 hours unexplained.
Many of Orgain Bell's travel fee entries are best analyzed as block-billed entries. Although the travel entries account for only one or two tasks, they often involve large periods of time. Compare Symetra, 2015 WL 6739022, at *7 (reducing entries by 3% where entries were for short periods of time and with "only one or two legal tasks reflecting a single objective"); with Fralick, 2011 WL 487754, at *6 (reducing recoverable hours by 10% where entries ranged from 2.5 to 5.25 hours and had "too many entries lump[ed] together"). Furthermore, the failure to account for substantial amounts of time demonstrates a lack of appropriate billing judgment. Walker v. Dep't. of Hous. and Urban Dev., 99 F.3d at 769 (reducing fees by 15% where there is no record of billing judgment); Cookston v. Freeman, Inc., No. 3:98-CV-2106-D, 1999 WL 714760, at *1 (N.D. Tex. Sept. 14, 1999) (reducing fee request by 15% for lack of billing judgment). The Court will apply a 15% reduction rate to NF Clean's travel entries.
IILConditional Appellate Fees
NF Clean requests an additional $8,175.00 in reasonable and necessary attorney's fees in the event of an appeal. (February 14, 2019 Hearing at 11:17 a.m.). The trial court's award of attorney's fees may include appellate attorney's fees. Keith v. Keith, 221 S.W.3d 158, 169 (Tex. App.—Houston [1st Dist.] 2006). However, there must be evidence of the reasonableness of fees for appellate work to support the award of appellate attorney's fees. Id; See CenterPoint Energy Ing., v. Assoc. Elec. & Gas Ins. Serv. Ltd., No. 09-2107, 2011 WL 13134747, at *2 (S.D. Tex. Sept. 9, 2011) (denying conditional appellate fees where party had not specified "a number of hours or otherwise provide[d] a basis for the amounts requested"). Factors to be considered in reviewing the reasonableness of attorney's fees include: (i) the difficulties and complexities in the nature of the case; (ii) the amount of money involved; (iii) the time devoted by the attorney to the case; and (iv) the attorney's experience and skill in presenting the case. Id. (citing Stuckey v. White, 647 S.W.3d 35, 38 (Tex. App.—Houston [1st Dist.] 1982)). General statements of reasonableness are insufficient to support an award of attorney's fees. Statewide Hydraulics, Inc. v. EZ Management GP, LLC, No. 14-13-01049-CV, 2015 WL 167160, at *9-10 (Tex. App.—Houston [14th Dist.] Jan. 13, 2015).
At the February 14, 2019 hearing, NF Clean's counsel testified that in the event of an appeal both Mr. Wise and Mr. Bullard would be involved in the appeal. (February 14, 2019 Hearing at 11:17 a.m.). Mr. Wise would continue to bill at his $160.00 hourly rate and would spend a total of 30 hours on merits briefing and oral argument. (February 14, 2019 Hearing at 11:17 a.m.). Mr. Bullard would continue to bill at his $225.00 hourly rate and would spend a total of 15 hours on merits briefing and oral argument. (February 14, 2019 Hearing at 11:17 a.m.). Mr. Wise stated that "without knowing the basis for appeal" he estimates that Orgain Bell would incur $8,175.00 in reasonable and necessary attorney's fees on appeal.
As stated above, the issues in this case are not complex. During the course of this case, NF Clean has prepared for trial on three separate occasions. NF Clean's counsel spent approximately 28 to 44 hours each time it prepared for trial. In light of those amounts, the Court believes that a total of 30 hours on appeal is reasonable: (i) Mr. Wise: 20 hours at $160.00 an hour, and (ii) Mr. Bullard: 10 hours at $225.00 an hour.
Only after the fees are incurred as a result of Kakal's unsuccessful appeal, is NF Clean entitled to $5,450.00 in appellate fees. See Sky View at Las Palmas, LLC v. Mendez, 555 S.W.3d 101, 116 (Tex. 2018) (noting that an award of conditional appellate attorney's fees is "an award of fees that have not yet been incurred," and therefore a party may not recover such fees "unless and until the appeal is resolved in that party's favor").
Conclusion
The Court will issue a Judgment consistent with this Memorandum Opinion.
SIGNED July 2 , 2019.
/s/_________
Marvin Isgur
UNITED STATES BANKRUPTCY JUDGE
GLOSSARY [R] Full description not given due to redactions. CC Client Communications, reduced by 50%. TP Trial preparations, reduced by 10%. BB Block-billed entries, reduced by 15%. TR Travel entries, reduced by 15%. V Vague claim that inhibits Court assessment. Allowed at $0.00. DNP Claims on which NF Clean did not prevail. Allowed at $0.00. UN Work unnecessary to the TTLA claim. Allowed at $0.00. OT Claims against someone other than Kakal, or unrelated to the TTLA claim; Allowed at $0.00. N/A Written off amounts by Orgain Bell. A Allowed in full. AT Attempted work, unrecoverable. Allowed at $0.00. Entry Date Atty Description Hours Rate Amount Allowed Disallowed Reason for Disallowance (See Glossary) 1 6/18/2014 JB Draft engagement letter and address initial issues regarding setting up file. 1.10 $225.00 $0.00 $0.00 $0.00 N/A 2 6/18/2014 JB Preliminary research regarding Mondex and possible claims against it. [R] 0.60 $225.00 $135.00 $0.00 $135.00 OT 3 6/18/2014 JB Phone conference with Nuno. [R] 0.60 $225.00 $135.00 $67.50 $67.50 CC 4 6/19/2014 JB Phone conference with Nuno. [R] 0.40 $225.00 $90.00 $45.00 $45.00 CC 5 6/19/2014 JB Draft engagement letter to client. 0.40 $225.00 $0.00 $0.00 $0.00 N/A 6 6/19/2014 JB Review correspondence from Nuno. [R] 0.10 $225.00 $22.50 $11.25 $11.25 CC 7 7/7/2014 JB Review status of file and draft related correspondence to Nuno. [R] 0.20 $225.00 $45.00 $22.50 $22.50 CC 8 7/9/2014 JB Review status of payment of retainer. 0.10 $225.00 $0.00 $0.00 $0.00 N/A 9 7/10/2014 JB Phone conference with Nuno. [R] 0.20 $225.00 $45.00 $22.50 $22.50 CC 10 10/13/2014 JB Phone conference with Nuno. [R] 0.40 $225.00 $90.00 $45.00 $45.00 CC 11 10/14/2014 JB Phone conference with Nuno Fernandez. 0.30 $225.00 $67.50 $33.75 $33.75 CC 12 10/15/2014 JB Draft demand letter to Forgiato regarding return of funds to Nuno. 0.60 $225.00 $135.00 $0.00 $135.00 OT 13 10/15/2014 JB Research Forgiato relative to demand for return of funds. 0.20 $225.00 $45.00 $0.00 $45.00 OT 14 10/15/2014 JB Exchange correspondence with Forgiato regarding demand for return of Nuno's money. 0.20 $225.00 $45.00 $0.00 $45.00 OT 15 10/15/2014 JB Review correspondence from Nuno regarding background on funds held by Forgiato. 0.20 $225.00 $45.00 $0.00 $45.00 OT 16 10/16/2014 JB Review correspondence regarding status of refund from Forgiato. 0.10 $225.00 $22.50 $0.00 $22.50 OT 17 10/17/2014 JB Review correspondence regarding status of return of funds from Forgiato. 0.10 $225.00 $22.50 $0.00 $22.50 OT 18 10/20/2014 JB Review correspondence regarding transfer of money from Forgiato. 0.10 $225.00 $22.50 $0.00 $22.50 OT 19 10/27/2014 JB Review correspondence regarding final payment from Forgiato. 0.10 $225.00 $22.50 $0.00 $22.50 OT 20 8/10/2015 JB Correspondence to client. [R] 0.40 $225.00 $0.00 $0.00 $0.00 N/A 21 8/12/2015 JB Correspondence with Nuno. [R] 0.10 $225.00 $22.50 $11.25 $11.25 CC 22 10/15/2015 JB Correspondence with Nuno. [R] 0.10 $225.00 $0.00 $0.00 $0.00 N/A 23 10/16/2015 JB Review correspondence from client. [R] 0.10 $225.00 $0.00 $0.00 $0.00 N/A 24 11/3/2015 JB Correspondence with Nuno. [R] 0.20 $225.00 $0.00 $0.00 $0.00 N/A 25 11/3/2015 JB Phone conference with Nuno. [R] 0.20 $225.00 $0.00 $0.00 $0.00 N/A 26 11/30/2015 JB Correspondence with Nuno. [R] 0.20 $225.00 $0.00 $0.00 $0.00 N/A 27 11/30/2015 JB Review correspondence from Nuno. [R] 0.10 $225.00 $0.00 $0.00 $0.00 N/A 28 12/17/2015 JB Correspondence with client. [R] 0.10 $225.00 $22.50 $11.25 $11.25 CC 29 12/17/2015 JB Review file materials relative to planned conference with client. [R] 0.20 $225.00 $45.00 $22.50 $22.50 CC 30 12/21/2015 JB Correspondence to client. [R] 0.10 $225.00 $22.50 $11.25 $11.25 CC 31 12/23/2015 JB Prepare for conference with client with related review file materials. [R] 1.00 $225.00 $225.00 $112.50 $112.50 CC 32 12/23/2015 JB Phone conference with Nuno. [R] 0.70 $225.00 $157.50 $78.75 $78.75 CC 33 12/23/2015 JB Receive additional documents from client and preliminary review of same. 0.40 $225.00 $90.00 $0.00 $90.00 V 34 12/23/2015 JB Follow-up correspondence to Nuno. [R] 0.10 $225.00 $22.50 $11.25 $11.25 CC 35 12/23/2015 WBW Conference call with Nuno Fernandes. [R] 0.70 $160.00 $112.00 $56.00 $56.00 CC 36 12/23/2015 WBW Met with John Bullard re our strategy for handling this matter. 0.60 $160.00 $96.00 $0.00 $96.00 V 37 12/29/2015 JB Review correspondence from Nuno. [R] 0.10 $225.00 $22.50 $11.25 $11.25 CC 38 12/29/2015 WBW Review and analyzed all emails and documents provided by Nuno Fernandes for purposes of familiarizing myself with the case and sending a demand letter to Salim Kakal. 2.00 $160.00 $320.00 $320.00 $0.00 A 39 12/29/2015 WBW Worked on a demand letter to Salim Kakal re: Nuno Fernandes' Raptor truck. 0.70 $160.00 $112.00 $112.00 $0.00 A 40 1/4/2016 JB Phone conference with Nuno. [R] 0.20 $225.00 $45.00 $22.50 $22.50 CC 41 2/15/2016 WBW Reviewed and analyzed the e-mail correspondence Nuno Fernandes [R] 1.50 $160.00 $240.00 $120.00 $120.00 CC 42 2/15/2016 WBW Finalized the demand letter Salim Kakal of Mondex International related to truck Nuno Fernandes purchased. 1.00 $160.00 $160.00 $160.00 $0.00 A 43 2/16/2016 JB Correspondence to client. [R] 0.20 $225.00 $45.00 $22.50 $22.50 CC 44 2/23/2016 JB Phone conference with Nuno Fernandez [R] 0.20 $225.00 $45.00 $22.50 $22.50 CC 27 GLOSSARY [R] Full description not given due to redactions. CC Client Communications, reduced by 50%. TP Trial preparations, reduced by 10%. BB Block-billed entries, reduced by 15%. TR Travel entries, reduced by 15%. V Vague claim that inhibits Court assessment. Allowed at $0.00. DNP Claims on which NF Clean did not prevail. Allowed at $0.00. UN Work unnecessary to the TTLA claim. Allowed at $0.00. OT Claims against someone other than Kakal, or unrelated to the TTLA claim; Allowed at $0.00. N/A Written off amounts by Orgain Bell. A Allowed in full. AT Attempted work, unrecoverable. Allowed at $0.00. Entry Date Atty Description Hours Rate Amount Allowed Disallowed Reason for Disallowance (See Glossary) 45 2/24/2016 JB Correspondence to client. [R] 0.10 $225.00 $22.50 $11.25 $11.25 CC 46 2/24/2016 WBW Finalized and sent the demand letter to Mondex Int. and Salim Kakal 0.60 $160.00 $96.00 $96.00 $0.00 A 47 2/26/2016 JB Review correspondence re demand to Salim 0.10 $225.00 $22.50 $22.50 $0.00 A 48 3/9/2016 JB Review correspondence from Nuno. [R] 0.10 $225.00 $22.50 $11.25 $11.25 CC 49 3/9/2016 WBW Email correspondence with Nuno Fernandes. [R] 0.30 $160.00 $48.00 $24.00 $24.00 CC 50 3/9/2016 WBW Email correspondence with Nuno Fernandes. [R] 0.30 $160.00 $48.00 $24.00 $24.00 CC 51 3/11/2016 WBW Attempted conference call with Salim Kakal regarding NF Clean's demand letter. 0.20 $160.00 $32.00 $0.00 $32.00 AT 52 3/11/2016 WBW Conference call with Nuno Fernandes. [R] 0.20 $160.00 $32.00 $16.00 $16.00 CC 53 3/11/2016 WBW Email correspondence with Nuno Fernandes. [R] 0.10 $160.00 $16.00 $8.00 $8.00 CC 54 3/11/2016 WBW Attempted conference call with Salim Kakal regarding NF Clean's demand letter. 0.20 $160.00 $32.00 $0.00 $32.00 AT 55 3/11/2016 WBW Conference call with Nuno Fernandes. [R] 0.20 $160.00 $32.00 $16.00 $16.00 CC 56 3/11/2016 WBW Email correspondence with Nuno Fernandes. [R] 0.10 $160.00 $16.00 $8.00 $8.00 CC 57 3/21/2016 JB Review correspondence regarding issues with latest shipment from Salim 0.10 $225.00 $22.50 $22.50 $0.00 A 58 3/28/2016 WBW Conference call with Nuno Fernandes. [R] 0.20 $160.00 $32.00 $16.00 $16.00 CC 59 3/28/2016 WBW Conference call with Nuno Fernandes. [R] 0.20 $160.00 $32.00 $16.00 $16.00 CC 60 3/30/2016 JB Review correspondence from Nuno. [R] 0.20 $225.00 $45.00 $22.50 $22.50 CC 61 3/30/2016 JB Review original petition; draft memo re filing same. 0.20 $225.00 $45.00 $0.00 $45.00 UN 62 3/30/2016 WBW Finalized NF Clean's original petition against Mondex International and Salim Kakal 0.40 $160.00 $64.00 $64.00 $0.00 A 63 3/31/2016 JB Meeting with WW regarding possible writ of attachment and other issues. 0.30 $225.00 $67.50 $0.00 $67.50 OT 64 4/1/2016 JB Phone conference with Nuno. [R] 0.50 $225.00 $112.50 $56.25 $56.25 CC 65 4/1/2016 JB Draft memo. [R] 0.20 $225.00 $45.00 $0.00 $45.00 V 66 4/1/2016 JB Meeting with WW. [R] 0.30 $225.00 $0.00 $0.00 $0.00 N/A 67 4/1/2016 WBW Emailed Nuno Fernandes. [R] 0.40 $160.00 $64.00 $32.00 $32.00 CC 68 4/1/2016 WBW Conference call with Nuno Fernandes. [R] 0.40 $160.00 $64.00 $32.00 $32.00 CC 69 4/1/2016 WBW Email correspondence with Nuno Fernandes. [R] 0.50 $160.00 $80.00 $40.00 $40.00 CC 70 4/1/2016 WBW Conference call with Nuno Fernandes. [R] 0.60 $160.00 $96.00 $48.00 $48.00 CC 71 4/1/2016 WBW Conference call with Nuno Fernandes and Dilgo Jaoa. [R] 1.20 $160.00 $192.00 $96.00 $96.00 CC 72 4/6/2016 JB Review and evaluate summary of interview with Dilgo Joao. 0.10 $225.00 $22.50 $0.00 $22.50 OT 73 4/20/2016 JB Review correspondence regarding status of service on Salem. 0.10 $225.00 $0.00 $0.00 $0.00 N/A 74 4/26/2016 JB Review correspondence regarding status of service. 0.10 $225.00 $0.00 $0.00 $0.00 N/A 75 4/27/2016 JB Review correspondence regarding status of service. 0.10 $225.00 $0.00 $0.00 $0.00 N/A 76 5/13/2016 JB Review correspondence regarding status of defendant's answer. 0.20 $225.00 $0.00 $0.00 $0.00 N/A 77 6/7/2016 WBW Drafted plaintiff's motion for default judgment. 1.30 $160.00 $208.00 $0.00 $208.00 DNP 78 6/8/2016 JB Address evidentiary issues regarding motion for default judgment w/ related review of applicable statutes and rules. 0.20 $225.00 $45.00 $0.00 $45.00 DNP 79 6/8/2016 JB Review correspondence regarding status of defendant's answer. 0.10 $225.00 $0.00 $0.00 $0.00 N/A 80 6/8/2016 WBW Email correspondence with Nuno Fernandes. [R] 0.30 $160.00 $48.00 $24.00 $24.00 CC 81 6/8/2016 WBW Researched the Harris county District Clerk's office for purposes of determining whether the defendants have been served and filed answers. 0.50 $160.00 $80.00 $0.00 $80.00 DNP 82 6/8/2016 WBW Continued drafting plaintiff's motion for default judgment. 1.30 $160.00 $208.00 $0.00 $208.00 DNP 83 6/8/2016 WBW Conference call with the Harris County District Clerk's office for purposes of determining whether the defendants have been served and filed answers. 0.30 $160.00 $48.00 $0.00 $48.00 DNP 84 6/23/2016 WBW Conference call with Nuno Fernandes. [R] 0.20 $160.00 $32.00 $16.00 $16.00 CC 85 6/29/2016 WBW Drafted the Unsworn Declaration. [R] 0.70 $160.00 $112.00 $0.00 $112.00 V 86 7/1/2016 WBW Drafted the unsworn declaration of Nuno Fernandes. 0.80 $160.00 $128.00 $0.00 $128.00 V 87 7/1/2016 WBW Email correspondence with Nuno Fernandes. [R] 0.20 $160.00 $32.00 $16.00 $16.00 CC 88 7/1/2016 WBW Finalized plaintiff's motion for default judgment, including the order granting the default judgment. 1.00 $160.00 $160.00 $0.00 $160.00 DNP 28 GLOSSARY [R] Full description not given due to redactions. CC Client Communications, reduced by 50%. TP Trial preparations, reduced by 10%. BB Block-billed entries, reduced by 15%. TR Travel entries, reduced by 15%. V Vague claim that inhibits Court assessment. Allowed at $0.00. DNP Claims on which NF Clean did not prevail. Allowed at $0.00. UN Work unnecessary to the TTLA claim. Allowed at $0.00. OT Claims against someone other than Kakal, or unrelated to the TTLA claim; Allowed at $0.00. N/A Written off amounts by Orgain Bell. A Allowed in full. AT Attempted work, unrecoverable. Allowed at $0.00. Entry Date Atty Description Hours Rate Amount Allowed Disallowed Reason for Disallowance (See Glossary) 89 7/6/2016 WBW Email correspondence with Nuno Fernandes. [R] 0.20 $160.00 $32.00 $16.00 $16.00 CC 90 7/8/2016 JB Review correspondence regarding submission for motion for default judgment. 0.10 $225.00 $0.00 $0.00 $0.00 N/A 91 7/8/2016 WBW Email correspondence with Nuno Fernandes. [R] 0.30 $160.00 $48.00 $24.00 $24.00 CC 92 7/8/2016 WBW Conference call with Nuno Fernandes. [R] 0.20 $160.00 $32.00 $16.00 $16.00 CC 93 7/8/2016 WBW Finalized plaintiff's motion for default judgment, specifically preparing all exhibits to the motion for filing. 1.30 $160.00 $208.00 $0.00 $208.00 DNP 94 7/8/2016 WBW Conference call with the court coordinator re our need for a notice of submission with regard to the plaintiff's motion for default judgment. 0.40 $160.00 $64.00 $0.00 $64.00 DNP 95 7/8/2016 WBW Drafted a notice of submission with regard to plaintiff's motion for default judgment. 0.50 $160.00 $80.00 $0.00 $80.00 DNP 96 7/8/2016 WBW Filed plaintiff's motion for default judgment. 0.50 $160.00 $80.00 $0.00 $80.00 DNP 97 7/8/2016 WBW Searched the Harris County District Clerk's Office for other lawsuits in which Salim Kakal and Mondex are parties to. 0.30 $160.00 $48.00 $0.00 $48.00 UN 98 7/8/2016 WBW Drafted correspondence to Salim Kakal re the motion for default judgment and notice of submission. 0.30 $160.00 $48.00 $0.00 $48.00 DNP 99 7/8/2016 WBW Email correspondence with Nuno Fernandes. [R] 0.10 $160.00 $16.00 $8.00 $8.00 CC 100 7/25/2016 WBW Telephone call with the court coordinator re plaintiff's motion for default judgment and the defendants' answer thereto. 0.30 $160.00 $48.00 $0.00 $48.00 DNP 101 8/5/2016 WBW Drafted plaintiff's request for disclosures to Mondex International 0.50 $160.00 $80.00 $0.00 $80.00 OT 102 8/5/2016 WBW Drafted plaintiff's request for disclosures to Salim Kakal 0.50 $160.00 $80.00 $80.00 $0.00 A 103 8/10/2016 JB Correspondence with Nuno. [R] 0.30 $225.00 $67.50 $33.75 $33.75 CC 104 8/10/2016 WBW Conference call with Nuno Fernandes. [R] 0.50 $160.00 $80.00 $40.00 $40.00 CC 105 8/15/2016 JB Correspondence with Nuno. [R] 0.10 $225.00 $22.50 $11.25 $11.25 CC 106 9/12/2016 WBW Conference call with Nuno Fernandez. [R] 0.20 $160.00 $32.00 $16.00 $16.00 CC 107 10/13/2016 WBW Drafted plaintiff's first set of requests for admission, requests for production, and interrogatories to defendant Mondex International, Inc. 2.50 $160.00 $0.00 $0.00 $0.00 N/A 108 10/13/2016 WBW Drafted Plaintiffs first set of requests for admission, requests for production, and interrogatories to defendant Salim Kakal. 2.50 $160.00 $400.00 $400.00 $0.00 A 109 10/25/2016 WBW Drafted letter to defendant's attorney regarding dates on which defendant Salim kakal is available for deposition. 0.20 $160.00 $32.00 $32.00 $0.00 A 110 11/11/2016 JB Review partial discovery responses from Salim and Mondex. [R] 0.50 $225.00 $112.50 $112.50 $0.00 A 111 11/14/2016 JB Review additional responses to discovery; draft memorandum regarding the same. 0.10 $225.00 $22.50 $22.50 $0.00 A 112 11/16/2016 WBW Reviewed and analyzed defendant's responses to plaintiff's first set of written discovery responses. 0.30 $160.00 $48.00 $48.00 $0.00 A 113 11/16/2016 WBW Email correspondence with Nuno Fernandes. [R] 0.30 $160.00 $48.00 $24.00 $24.00 CC 114 11/16/2016 WBW Telephone conference with Nuno Fernandes. [R] 0.30 $160.00 $48.00 $24.00 $24.00 CC 115 12/1/2016 JB Review status of discovery and draft memorandum regarding the same. 0.20 $225.00 $45.00 $45.00 $0.00 A 116 12/1/2016 WBW Drafted plaintiff's designation of expert witnesses. 0.60 $160.00 $96.00 $96.00 $0.00 A 117 12/1/2016 WBW Reviewed and analyzed plaintiff's document production. 1.20 $160.00 $192.00 $192.00 $0.00 A 118 12/1/2016 WBW Drafted correspondence to plaintiff's attorney regarding dates on which we can take Salim Kakal's deposition and alternative dispute resolutions. 0.30 $160.00 $48.00 $48.00 $0.00 A 119 12/12/2016 WBW Email correspondence with defendant's attorney Tom Ross regarding dates on which we can take Salim Kakal's deposition. 0.10 $160.00 $16.00 $16.00 $0.00 A 120 12/13/2016 WBW Email correspondence with Nuno Fernandes. [R] 0.10 $160.00 $16.00 $8.00 $8.00 CC 121 12/13/2016 WBW Telephone conversation with Nuno Fernandes. [R] 0.40 $160.00 $64.00 $32.00 $32.00 CC 122 12/13/2016 WBW Drafted the notice of deposition for defendants Mondex International and Salim Kakal. 0.30 $160.00 $48.00 $48.00 $0.00 A 123 12/14/2016 JB Correspondence with Nuno. [R] 0.10 $225.00 $0.00 $0.00 $0.00 N/A 124 12/27/2016 WBW Prepared to take the deposition of Salim Kakal, specifically conducting research all lawsuits filed by and against Salim Kakal related to this lawsuit. 2.00 $160.00 $320.00 $0.00 $320.00 UN 125 12/27/2016 WBW Prepared to take the deposition of Salim Kakal, specifically conducting research regarding all lawsuits filed by and against Salim Kakal related to this lawsuit. 2.00 $160.00 $320.00 $0.00 $320.00 UN 126 12/27/2016 WBW Prepared to take the deposition of Salim Kakal, specifically outlining all lines of questioning to be asked of Salim Kakal. 5.00 $160.00 $800.00 $800.00 $0.00 A 127 12/28/2016 WBW Took the deposition of Salim Kakal in Houston, Texas 8.50 $160.00 $1,360.00 $1,156.00 $204.00 TR 128 12/30/2016 WBW Email correspondence with plaintiff's attorney 0.10 $160.00 $16.00 $0.00 $16.00 V 129 12/30/2016 WBW Telephone conversation with Nuno Fernandes. [R] 0.30 $160.00 $48.00 $24.00 $24.00 CC 130 1/3/2017 WBW Conducted background research on Salim Kakal [R] 1.70 $160.00 $272.00 $0.00 $272.00 V 131 1/21/2017 JB Draft memo regarding amended pleadings and additional discovery with related review of file materials. 0.20 $225.00 $45.00 $45.00 $0.00 A 29 GLOSSARY [R] Full description not given due to redactions. CC Client Communications, reduced by 50%. TP Trial preparations, reduced by 10%. BB Block-billed entries, reduced by 15%. TR Travel entries, reduced by 15%. V Vague claim that inhibits Court assessment. Allowed at $0.00. DNP Claims on which NF Clean did not prevail. Allowed at $0.00. UN Work unnecessary to the TTLA claim. Allowed at $0.00. OT Claims against someone other than Kakal, or unrelated to the TTLA claim; Allowed at $0.00. N/A Written off amounts by Orgain Bell. A Allowed in full. AT Attempted work, unrecoverable. Allowed at $0.00. Entry Date Atty Description Hours Rate Amount Allowed Disallowed Reason for Disallowance (See Glossary) 132 1/25/2017 JB Review correspondence regarding status. 0.10 $225.00 $0.00 $0.00 $0.00 N/A 133 1/25/2017 WBW Conference call with Nuno Fernandes. [R] 0.30 $160.00 $48.00 $24.00 $24.00 CC 134 2/10/2017 WBW Conducted legal research regarding... [R] 1.50 $160.00 $240.00 $0.00 $240.00 V 135 2/21/2017 JB Review status with related meeting with WW. 0.10 $225.00 $0.00 $0.00 $0.00 N/A 136 2/21/2017 WBW Prepared and filed plaintiff's first amended petition. 1.30 $160.00 $208.00 $208.00 $0.00 A 137 2/27/2017 WBW Telephone call with Nuno Fernandes. [R] 0.30 $160.00 $48.00 $24.00 $24.00 CC 138 2/27/2017 WBW Email correspondence with Nuno Fernandes. [R] 0.10 $160.00 $16.00 $8.00 $8.00 CC 139 3/16/2017 WBW Drafted plaintiff's second set of interrogatories and requests for production to defendant. 4.70 $160.00 $752.00 $752.00 $0.00 A 140 3/16/2017 WBW Served plaintiff's second set of interrogatories and requests for production to defendant. 0.30 $160.00 $48.00 $48.00 $0.00 A 141 3/22/2017 JB Correspondence to Nuno. [R] 0.20 $225.00 $0.00 $0.00 $0.00 N/A 142 3/22/2017 JB Meeting with WW regarding... [R] 0.20 $225.00 $0.00 $0.00 $0.00 N/A 143 3/24/2017 JB Correspondence with Nuno. [R] 0.10 $225.00 $0.00 $0.00 $0.00 N/A 144 3/30/2017 WBW Drafted and filed plaintiff's jury demand. 0.50 $160.00 $80.00 $72.00 $8.00 TP 145 4/5/2017 WBW Drafted plaintiff's disclosures. [R] 1.80 $160.00 $288.00 $259.20 $28.80 TP 146 4/18/2017 WBW Worked on the plaintiff's proposed jury charge in preparation for trial. 3.50 $160.00 $560.00 $504.00 $56.00 TP 147 4/19/2017 JB Meeting with WW regarding trial preparation. 0.80 $25.00 $0.00 $0.00 $0.00 N/A 148 4/19/2017 WBW Telephone conversation with the court coordinator regarding the status of the May 1 trial setting in this lawsuit. 0.20 $160.00 $32.00 $28.80 $3.20 TP 149 4/19/2017 WBW Telephone conversation with Nuno Fernandes. [R] 0.40 $160.00 $64.00 $32.00 $32.00 CC 150 4/19/2017 WBW Reviewed and analyzed the deposition of Salim Kakal for purposes of preparing his cross-examination at trial and determining his claims with respect to how much he still owes Nuno Fernandez. 1.80 $160.00 $288.00 $259.20 $28.80 TP 151 4/19/2017 WBW Email correspondence with Nuno Fernandes. [R] 0.20 $160.00 $32.00 $16.00 $16.00 CC 152 4/19/2017 WBW Reviewed and Analyzed invoices produced by Salim Kakal for purposes of determining what Salim Kakal claims he owes Nuno Fernandes. 0.50 $160.00 $80.00 $80.00 $0.00 A 153 4/20/2017 WBW Prepared for trial, specifically prepared for cross-examination of defendant Salim Kakal. 2.50 $160.00 $400.00 $360.00 $40.00 TP 154 4/20/2017 WBW Prepared for trial, specifically prepared the direct examination of plaintiff Nuno Fernandes. 2.00 $160.00 $320.00 $288.00 $32.00 TP 155 4/20/2017 WBW Prepared for trial, specifically analyzed and evaluated the case for purposes of preparing plaintiff's opening statement and presentation of the case to the jury. 3.50 $160.00 $560.00 $504.00 $56.00 TP 156 4/21/2017 WBW Prepared for trial, prepared plaintiff's opening statement and presentation to the jury. 2.50 $160.00 $400.00 $360.00 $40.00 TP 157 4/21/2017 WBW Prepared for trial, prepared plaintiff's closing statement and presentation to the jury. 2.00 $160.00 $320.00 $288.00 $32.00 TP 158 4/21/2017 WBW Prepared for trial, specifically prepared the jury charge as to all of plaintiff's causes of action against Salim Kakal and Mondex International. 2.00 $160.00 $320.00 $288.00 $32.00 TP 159 4/21/2017 WBW Email correspondence [R] 0.10 $160.00 $16.00 $0.00 $16.00 V 160 4/21/2017 WBW Telephone conversation [R] 0.30 $160.00 $48.00 $0.00 $48.00 V 161 4/24/2017 WBW Prepared for trial, specifically prepared cross-examination of defendant Salim Kakal. 2.00 $160.00 $320.00 $288.00 $32.00 TP 162 4/24/2017 WBW Prepared for trial, specifically analyzed and evaluated all documents by defendants for purposes of determining which documents to use as trial exhibits. 2.00 $160.00 $320.00 $288.00 $32.00 TP 163 4/24/2017 WBW Prepared for trial, specifically worked on plaintiff's opening statement and closing arguments. 2.50 $160.00 $400.00 $360.00 $40.00 TP 164 4/25/2017 WBW Prepared for trial, specifically prepared the cross-examination of defendant Salim Kakal. 1.00 $160.00 $160.00 $144.00 $16.00 TP 165 4/25/2017 WBW Prepared for trial, specifically worked on plaintiff's voir dire and initial presentation of the case to the jury. 2.50 $160.00 $400.00 $360.00 $40.00 TP 166 4/25/2017 WBW Prepared for trial, specifically preparing potential trial exhibits for use in trial. 2.00 $160.00 $320.00 $288.00 $32.00 TP 167 4/25/2017 WBW Prepared for trial, specifically revising the jury charge. 1.50 $160.00 $240.00 $216.00 $24.00 TP 168 4/26/2017 JB Meeting with WW regarding issues on plaintiff's request for continuance and related issues regarding trial preparation. 0.70 $255.00 $0.00 $0.00 $0.00 N/A 169 4/26/2017 JB Phone conference with WW regarding trial preparation. 0.30 $255.00 $67.50 $60.75 $6.75 TP 170 4/26/2017 JB Review draft response to defendant's motion for continuance. 0.10 $255.00 $22.50 $22.50 $0.00 A 171 4/26/2017 WBW Preparation for trial, specifically preparing the direct examination of plaintiff, Nuno Fernandes. 3.00 $160.00 $480.00 $432.00 $48.00 TP 172 4/26/2017 WBW Prepared for trial, specifically evaluated issue that needed to be addressed during voir dire. 1.00 $160.00 $160.00 $144.00 $16.00 TP 173 4/26/2017 WBW Prepared for trial, specifically prepared voir dire and the initial presentation of the case to the prospective jury panel. 2.50 $160.00 $400.00 $360.00 $40.00 TP 30 GLOSSARY [R] Full description not given due to redactions. CC Client Communications, reduced by 50%. TP Trial preparations, reduced by 10%. BB Block-billed entries, reduced by 15%. TR Travel entries, reduced by 15%. V Vague claim that inhibits Court assessment. Allowed at $0.00. DNP Claims on which NF Clean did not prevail. Allowed at $0.00. UN Work unnecessary to the TTLA claim. Allowed at $0.00. OT Claims against someone other than Kakal, or unrelated to the TTLA claim; Allowed at $0.00. N/A Written off amounts by Orgain Bell. A Allowed in full. AT Attempted work, unrecoverable. Allowed at $0.00. Entry Date Atty Description Hours Rate Amount Allowed Disallowed Reason for Disallowance (See Glossary) 174 4/26/2017 WBW Reviewed and analyzed defendant's motion for continuance. 0.50 $160.00 $80.00 $80.00 $0.00 A 175 4/26/2017 WBW Telephone call with Nuno Fernandes. [R] 0.30 $160.00 $48.00 $24.00 $24.00 CC 176 4/26/2017 WBW Drafted plaintiff's response and opposition to defendant's motion for continuance. 0.80 $160.00 $128.00 $128.00 $0.00 A 177 4/26/2017 WBW Drafted a proposed docket control order in the event the trial is continued. 0.70 $160.00 $112.00 $112.00 $0.00 A 178 4/27/2017 WBW Prepared for trial, specifically prepared plaintiff's presentation of attorney's fees to the jury. 1.50 $160.00 $240.00 $216.00 $24.00 TP 179 4/27/2017 WBW Telephone call with defendants' attorney regarding the status of the defendants' motion for continuance. 0.20 $160.00 $32.00 $32.00 $0.00 A 180 4/27/2017 WBW Telephone call with the court coordinator regarding the status of the defendants' motion for continuance. 0.30 $160.00 $48.00 $48.00 $0.00 A 181 4/27/2017 WBW Telephone call with defendants' attorney regarding the status of the trial setting and docket control order. 0.20 $160.00 $32.00 $32.00 $0.00 A 182 4/27/2017 WBW Telephone call with the court coordinator regarding the status of the plaintiffs proposed docket control order. 0.20 $160.00 $32.00 $32.00 $0.00 A 183 4/27/2017 WBW Telephone call with Nuno Fernandes. [R] 0.20 $160.00 $32.00 $16.00 $16.00 CC 184 5/1/2017 JB Review correspondence regarding new DCO. 0.10 $255.00 $0.00 $0.00 $0.00 N/A 185 5/1/2017 WBW Telephone conversation with the court coordinator regarding the status of the new docket control order. 0.20 $160.00 $32.00 $32.00 $0.00 A 186 5/15/2017 WBW Drafted letter to defendant's attorney regarding his client's need to serve and respond to plaintiff's second set of written discovery. 0.80 $160.00 $128.00 $128.00 $0.00 A 187 5/16/2017 WBW Telephone conversation with Nuno Fernandes regarding... [R] 0.30 $160.00 $48.00 $24.00 $24.00 CC 188 5/16/2017 WBW Email correspondence with Nuno Fernandes regarding ... [R] 0.10 $160.00 $16.00 $8.00 $8.00 CC 189 5/16/2017 WBW Email correspondence with Nuno Fernandes regarding ... [R] 0.20 $160.00 $32.00 $16.00 $16.00 CC 190 5/18/2017 WBW Reviewed and analyzed bills for purpose of redacting same prior to producing along with expert designations. 2.00 $160.00 $320.00 $288.00 $32.00 TP 191 5/18/2017 WBW Drafted and revised plaintiff's designation of expert witness. 0.80 $160.00 $128.00 $115.20 $12.80 TP 192 5/19/2017 WBW Finalized and filed plaintiff's designation of experts. 1.20 $160.00 $192.00 $172.80 $19.20 TP 193 5/22/2017 WBW Telephone call with Nuno Fernandes regarding ... [R] 0.20 $160.00 $32.00 $16.00 $16.00 CC 194 5/22/2017 WBW Telephone call with Agostinho Lourenco's attorney regarding ... [R] 0.30 $160.00 $48.00 $0.00 $48.00 OT 195 5/22/2017 WBW Email correspondence with Agostinho Lourenco's attorney regarding ... [R] 0.20 $160.00 $32.00 $0.00 $32.00 OT 196 5/23/2017 WBW Email correspondence with Agostinho Lourenco's attorney regarding ... [R] 0.20 $160.00 $32.00 $0.00 $32.00 OT 197 5/24/2017 AL Begin research on obtaining vehicle title history 0.50 $80.00 $40.00 $40.00 $0.00 A 198 5/25/2017 WBW Reviewed and analyzed documents related to the title of the truck at issue in this lawsuit. 0.70 $160.00 $112.00 $112.00 $0.00 A 199 5/25/2017 AL Perform extensive research via Westlaw, LexisNexis, PublicData, TXDMV, BMV of Indiana, Dept. of Transportation and the Harris County Tax Assessor regarding ... [R] 4.00 $80.00 $320.00 $0.00 $320.00 V 200 5/25/2017 AL Prepare written request for Texas motor vehicle information from the Harris County Tax Assessor-Collector. 0.50 $80.00 $40.00 $40.00 $0.00 A 201 6/12/2017 AL Telephone conference with Harris County Tax-Assessor Collector regarding vehicle history on 2013 Ford. 0.40 $80.00 $32.00 $32.00 $0.00 A 202 6/12/2017 AL Telephone conference with Indiana Tax Assessor regarding obtaining vehicle title and registration history. 0.40 $80.00 $32.00 $32.00 $0.00 A 203 6/12/2017 AL Telephone conference with attorney regarding other options for obtaining vehicle title history 0.10 $80.00 $8.00 $8.00 $0.00 A 204 6/13/2017 AL Prepare four separate requests for vehicle title history from the Indiana Bureau of Motor Vehicles. 1.00 $80.00 $80.00 $80.00 $0.00 A 205 6/16/2017 WBW Telephone conversation with attorney Tom Ross regarding the possibility of settling the lawsuit. 0.30 $160.00 $48.00 $0.00 $48.00 UN 206 6/20/2017 WBW Drafted plaintiff's motion to compel against defendants. 3.00 $160.00 $480.00 $0.00 $480.00 DNP 207 6/20/2017 WBW Conducted legal research regarding whether discovery can be conducted on a piercing the corporate veil theory. 2.00 $160.00 $320.00 $0.00 $320.00 OT 208 6/20/2017 JBM Receive assignment from W. Wise; research available discovery for alter ego claims' add case law to draft. 2.00 $80.00 $160.00 $0.00 $160.00 OT 209 6/26/2017 KLD Telephone conference with Warren Wise regarding upcoming hearing. 0.10 $160.00 $16.00 $0.00 $16.00 UN 210 6/26/2017 KLD Receive and review notice of hearing on plaintiff's motion to compel. 0.10 $160.00 $16.00 $0.00 $16.00 DNP 211 6/27/2017 JB Review defendant's motion to compel 0.10 $225.00 $22.50 $0.00 $22.50 DNP 212 6/27/2017 KLD Exchange emails with WBW regarding recent filings in case. 0.10 $160.00 $16.00 $0.00 $16.00 V 213 6/29/2017 JB Meeting with WW regarding status. 0.20 $225.00 $0.00 $0.00 $0.00 N/A 214 6/29/2017 KLD Telephone conference with WBW in advance of upcoming motion to compel. 0.30 $160.00 $48.00 $0.00 $48.00 DNP 215 6/29/2017 KLD Read and review Sparks v. Booth, Glassel Producing Co. v. Jared Res., and deposition of Salim Kakal to prepare for upcoming hearing on motion to compel. 2.00 $160.00 $320.00 $0.00 $320.00 DNP 216 6/29/2017 KLD Review and analyze original petition, plaintiff's motion to compel, defendant's response to plaintiff's motion to compel, and other case files to prepare for upcoming hearing on motion to compel. 1.60 $160.00 $256.00 $0.00 $256.00 DNP 31 GLOSSARY [R] Full description not given due to redactions. CC Client Communications, reduced by 50%. TP Trial preparations, reduced by 10%. BB Block-billed entries, reduced by 15%. TR Travel entries, reduced by 15%. V Vague claim that inhibits Court assessment. Allowed at $0.00. DNP Claims on which NF Clean did not prevail. Allowed at $0.00. UN Work unnecessary to the TTLA claim. Allowed at $0.00. OT Claims against someone other than Kakal, or unrelated to the TTLA claim; Allowed at $0.00. N/A Written off amounts by Orgain Bell. A Allowed in full. AT Attempted work, unrecoverable. Allowed at $0.00. Entry Date Atty Description Hours Rate Amount Allowed Disallowed Reason for Disallowance (See Glossary) 217 6/30/2017 KLD Attend hearing on motion to compel. 2.30 $160.00 $368.00 $0.00 $368.00 DNP 218 6/30/2017 KLD Telephone conference with WBW on hearing on motion to compel. 0.30 $160.00 $48.00 $0.00 $48.00 DNP 219 6/30/2017 KLD Receive and review defendant's 2 page No Evidence MSJ. 0.10 $160.00 $16.00 $16.00 $0.00 A 220 7/6/2017 JB Correspondence to WW regarding status. 0.10 $225.00 $0.00 $0.00 $0.00 N/A 221 7/6/2017 KLD Telephone conference with WBW about status of motion to compel. 0.10 $160.00 $16.00 $0.00 $16.00 DNP 222 7/7/2017 JB Meeting with WW regarding status and trial prep plan. 0.80 $225.00 $0.00 $0.00 $0.00 N/A 223 7/7/2017 JB Correspondence with WW regarding status. 0.20 $225.00 $0.00 $0.00 $0.00 N/A 224 7/7/2017 JB Review correspondence regarding status of ruling on motion to compel. 0.10 $225.00 $22.50 $0.00 $22.50 DNP 225 7/7/2017 WBW Email correspondence and discussion with Kim Daily regarding the proposed jury charge. 0.30 $160.00 $0.00 $0.00 $0.00 N/A 226 7/7/2017 WBW Telephone conversation with court coordinator Darla Coons regarding the status of the court's ruling on plaintiff's motion to compel. 0.30 $160.00 $48.00 $0.00 $48.00 DNP 227 7/7/2017 KLD Review and evaluate original petition, defendant's discovery responses, and Kakal's deposition testimony. 0.70 $160.00 $0.00 $0.00 $0.00 N/A 228 7/10/2017 WBW Email correspondence with Nuno Fernandes regarding ... [R] 0.30 $160.00 $48.00 $24.00 $24.00 CC 229 7/10/2017 WBW Reviewed and analyzed defendants notice of vacation designation. 0.30 $160.00 $48.00 $48.00 $0.00 A 230 7/10/2017 KLD Receive and review defendant's notice of vacation designation. 0.10 $160.00 $0.00 $0.00 $0.00 N/A 231 7/11/2017 WBW Drafted plaintiff's motion to strike defendant's counsel's vacation letter. 2.20 $160.00 $0.00 $0.00 $0.00 N/A 232 7/11/2017 WBW Drafted a proposed order granting plaintiff's motion to strike defendants' counsel's vacation letter. 0.30 $160.00 $0.00 $0.00 $0.00 N/A 233 7/11/2017 WBW Drafted the unsworn declaration of Nuno Fernandes in support of plaintiff's motion to strike defendants' counsel's vacation letter. 0.60 $160.00 $0.00 $0.00 $0.00 N/A 234 7/11/2017 WBW Prepared all exhibits to plaintiff's motion to strike defendants' counsel's vacation letter in preparation for filing. 0.70 $160.00 $0.00 $0.00 $0.00 N/A 235 7/11/2017 WBW Telephone conversation with the court coordinator regarding securing a hearing on plaintiff's motion to strike defendants counsel's vacation letter. 0.30 $160.00 $0.00 $0.00 $0.00 N/A 236 7/11/2017 WBW Telephone conversation with Nuno Fernandes regarding... [R] 0.20 $160.00 $32.00 $16.00 $16.00 CC 237 7/11/2017 WBW Telephone conversation with the court coordinator regarding the new trial date. 0.20 $160.00 $32.00 $32.00 $0.00 A 238 7/12/2017 WBW Reviewed and analyzed Kakal's no evidence motion for summary judgment for purposes of responding thereto. 0.20 $160.00 $32.00 $32.00 $0.00 A 239 7/12/2017 WBW Drafted NF Clean's response to Kakal's no evidence motion for summary judgment. 4.50 $160.00 $720.00 $720.00 $0.00 A 240 7/12/2017 WBW judgment. 0.90 $160.00 $144.00 $144.00 $0.00 A 241 7/13/2017 WBW Conducted legal research regarding whether an unsworn declaration can serve as competent summary judgment evidence. 1.40 $160.00 $224.00 $224.00 $0.00 A 242 7/13/2017 WBW Revised and finalized NF Clean's response to Kakal's no evidence motion for summary judgment-specifically objecting to Kakal's late filed motion. 0.80 $160.00 $128.00 $128.00 $0.00 A 243 7/13/2017 WBW Prepared all exhibits to plaintiff's response to Kakal's no evidence motion for summary judgment and filed same. 0.30 $160.00 $48.00 $48.00 $0.00 A 244 7/15/2017 JB Review response to motion for summary judgment. 0.20 $225.00 $45.00 $45.00 $0.00 A 245 7/17/2017 WBW Finalized plaintiff's response to Salim Kakal's no evidence motion for summary judgment and filed same. 0.50 $160.00 $80.00 $80.00 $0.00 A 246 7/20/2017 WBW Discussed the status of plaintiff's motion to compel and defendant's motion for summary judgment with JSB 0.50 $160.00 $0.00 $0.00 $0.00 N/A 247 7/24/2017 JB Meeting with Warren wise regarding status. 0.20 $225.00 $0.00 $0.00 $0.00 N/A 248 7/24/2017 WBW Telephone conversation with Nuno Fernandes regarding his travel arrangements for trial. 0.40 $160.00 $64.00 $32.00 $32.00 CC 249 7/24/2017 WBW Conducted background research with respect to Salim Kakal's other business entity. 0.40 $160.00 $64.00 $0.00 $64.00 UN 250 7/25/2017 JB Review correspondence regarding Salim's other companies. 0.10 $225.00 $0.00 $0.00 $0.00 N/A 251 7/26/2017 WBW Telephone conversation with Nuno Fernandes regarding ... [R] 0.40 $160.00 $64.00 $32.00 $32.00 CC 252 8/7/2017 JB Meeting with WW regarding ... [R] 0.30 $225.00 $0.00 $0.00 $0.00 N/A 253 8/7/2017 JB Correspondence to Nuno regarding .. [R] 0.10 $225.00 $0.00 $0.00 $0.00 N/A 254 8/9/2017 WBW Drafted a Motion to Withdraw as counsel with proposed order. 2.30 $160.00 $0.00 $0.00 $0.00 N/A 255 8/9/2017 WBW Drafted an Agreed Motion for Continuance with proposed order. 1.20 $160.00 $0.00 $0.00 $0.00 N/A 256 8/9/2017 WBW Telephone conversation with defense counsel Tom Ross about our potential need to withdraw from the case and seek continuance of the trial. 0.30 $160.00 $0.00 $0.00 $0.00 N/A 257 8/9/2017 WBW Telephone conversation with Nuno Fernandes regarding ... [R] 0.40 $160.00 $0.00 $0.00 $0.00 N/A 258 8/9/2017 WBW Email correspondence with Nuno Fernandes regarding ... [R] 0.30 $160.00 $0.00 $0.00 $0.00 N/A 259 8/10/2017 WBW Email correspondence with defense counsel Tom Ross [R] 0.20 $160.00 $0.00 $0.00 $0.00 N/A 32 GLOSSARY [R] Full description not given due to redactions. CC Client Communications, reduced by 50%. TP Trial preparations, reduced by 10%. BB Block-billed entries, reduced by 15%. TR Travel entries, reduced by 15%. V Vague claim that inhibits Court assessment. Allowed at $0.00. DNP Claims on which NF Clean did not prevail. Allowed at $0.00. UN Work unnecessary to the TTLA claim. Allowed at $0.00. OT Claims against someone other than Kakal, or unrelated to the TTLA claim; Allowed at $0.00. N/A Written off amounts by Orgain Bell. A Allowed in full. AT Attempted work, unrecoverable. Allowed at $0.00. Entry Date Atty Description Hours Rate Amount Allowed Disallowed Reason for Disallowance (See Glossary) 260 8/14/2017 WBW Prepared for trial, specifically outlining and preparing NF Clean's opening statement. 1.10 $160.00 $176.00 $158.40 $17.60 TP 261 8/14/2017 WBW Prepared for trial, specifically outlining and preparing NF Clean's voir dire presentation. 0.70 $160.00 $112.00 $100.80 $11.20 TP 262 8/14/2017 WBW Prepared for trial, specifically drafting and revising NF Clean's proposed jury charge. 1.20 $160.00 $192.00 $172.80 $19.20 TP 263 8/14/2017 WBW Prepared for trial, specifically outlining and preparing NF Clean's closing argument. 3.20 $160.00 $512.00 $460.80 $51.20 TP 264 8/15/2017 WBW Prepared for trial, specifically outlining and preparing my direct examination of Nuno Fernandes. 3.30 $160.00 $528.00 $475.20 $52.80 TP 265 8/16/2017 JB Meeting with WW regarding status. 0.30 $225.00 $0.00 $0.00 $0.00 N/A 266 8/16/2017 WBW Prepared for trial, specifically outlining and preparing cross examination of Salim Kakal. 3.20 $160.00 $512.00 $460.80 $51.20 TP 267 8/16/2017 WBW Prepared for trial, specifically reviewing and analyzing Salim Kakal's deposition testimony for purposes of preparing to cross-examine him. 0.80 $160.00 $128.00 $115.20 $12.80 TP 268 8/16/2017 WBW Prepared for trial, specifically outlining and preparing NF Clean's opening statement. 0.70 $160.00 $112.00 $100.80 $11.20 TP 269 8/17/2017 WBW Prepared for trial, specifically reviewing and analyzing all the documents produced by defendants and provided by Nuno Fernandes for purposes of determining what documents should be included as part of plaintiff's trial exhibits. 5.00 $160.00 $800.00 $720.00 $80.00 TP 270 8/17/2017 WBW Prepared for trial, specifically reviewing and analyzing Salim Kakal's deposition testimony for purposes of preparing to cross-examine him and for purposes of determining depositions edits to include. 1.20 $160.00 $192.00 $172.80 $19.20 TP 271 8/17/2017 WBW Telephone conversation with Nuno Fernandes regarding ... [R] 0.30 $160.00 $48.00 $24.00 $24.00 CC 272 8/18/2017 WBW Telephone conversation with trial coordinator Darla Coons regarding our need to continue the trial no earlier than August 24. 0.30 $160.00 $48.00 $48.00 $0.00 A 273 8/18/2017 WBW Telephone conversation with Nuno Fernandes regarding ... [R] 0.20 $160.00 $32.00 $16.00 $16.00 CC 274 8/18/2017 WBW Email correspondence with defendants' attorney Tom Ross. [R] 0.20 $160.00 $32.00 $0.00 $32.00 V 275 8/18/2017 WBW Drafted plaintiff's motion for continuance [R] 0.90 $160.00 $144.00 $0.00 $144.00 UN 276 8/21/2017 JB Receive and review plea to capacity; review relevant statutes; correspondence regarding the same. 0.20 $225.00 $0.00 $0.00 $0.00 N/A 277 8/21/2017 JB Review correspondence regarding trial setting. 0.10 $225.00 $0.00 $0.00 $0.00 N/A 278 8/21/2017 JB Review draft response to defendant's plea to capacity. 0.10 $225.00 $0.00 $0.00 $0.00 N/A 279 8/21/2017 WBW Reviewed and analyzed Mondex's verified plea to capacity for purposes of responding thereto. 0.20 $160.00 $32.00 $0.00 $32.00 OT 280 8/21/2017 WBW Drafted a plaintiff's response to Mondex's verified plea to capacity. 1.60 $160.00 $256.00 $0.00 $256.00 OT 281 8/21/2017 WBW Drafted a proposed order denying Mondex's verified plea to capacity. 0.20 $160.00 $32.00 $0.00 $32.00 OT 282 8/21/2017 WBW Telephone conversation with court coordinator Darla Coons regarding trial setting. 0.30 $160.00 $48.00 $48.00 $0.00 A 283 8/21/2017 WBW Telephone conversation with Nuno Fernandes regarding ... [R] 0.20 $160.00 $32.00 $16.00 $16.00 CC 284 8/21/2017 WBW Conducted legal research regarding whether a lawsuit can be brought against a terminated filing entity for purposes of responding to Mondex's verified plea to capacity. 0.80 $160.00 $128.00 $0.00 $128.00 OT 285 8/22/2017 JB Meeting with WW regarding status. 0.10 $225.00 $22.50 $0.00 $22.50 UN 286 8/22/2017 WBW Reviewed and analyzed outstanding bills to Nuno Fernandes for purposes of preparing to produce redacted bills in support of our claim for attorney's fees at trial. 0.90 $160.00 $144.00 $129.60 $14.40 TP 287 8/22/2017 WBW Continued reviewing the deposition testimony of Salim Kakal for purposes of making deposition designations per court order. 1.30 $160.00 $208.00 $187.20 $20.80 TP 288 8/22/2017 WBW Drafted NF Clean's depositions designations per court order. 1.00 $160.00 $160.00 $144.00 $16.00 TP 289 8/22/2017 WBW Conducted legal research regarding presenting attorney's fees in trial for breach of contract claims. 1.40 $160.00 $224.00 $0.00 $224.00 OT 290 8/22/2017 WBW Prepared for trial, specifically analyzing and evaluating how to introduce the reasonableness and necessity of attorney's fees. 2.00 $160.00 $320.00 $0.00 $320.00 OT 291 8/22/2017 WBW Prepared for trial, specifically working on demonstrative exhibits related to the amount NF Clean paid Kakal for the truck and the amount Kakal repaid NF Clean. 2.20 $160.00 $352.00 $316.80 $35.20 TP 292 8/23/2017 JB Meeting with Warren regarding possible issues relative to bankruptcy. 0.30 $225.00 $0.00 $0.00 $0.00 N/A 293 8/23/2017 JB Review information relative to Kakal's bankruptcy filing. 0.10 $225.00 $22.50 $0.00 $22.50 V 294 8/23/2017 WBW Prepared for trial, specifically preparing an outline of testimony with respect to attorney's fees. 2.00 $160.00 $320.00 $288.00 $32.00 TP 295 8/23/2017 WBW Reviewed and analyzed Salim Kakal's suggestion of bankruptcy 0.50 $160.00 $80.00 $0.00 $80.00 V 296 8/23/2017 WBW Meeting with John Bullard regarding the effects of Salim Kakal's suggestion of bankruptcy. 0.40 $160.00 $64.00 $0.00 $64.00 UN 297 8/23/2017 WBW Telephone conversation with Nuno Fernandes regarding ... [R] 0.40 $160.00 $64.00 $32.00 $32.00 CC 298 8/23/2017 WBW Reviewed and analyzed the court filings related to Salim Kakal's chapter 7 bankruptcy. 2.00 $160.00 $320.00 $0.00 $320.00 V 299 8/23/2017 WBW Telephone conversation with the trial coordinator regarding the effects of Salim Kakal's suggestion of bankruptcy. 0.30 $160.00 $48.00 $0.00 $48.00 UN 300 8/23/2017 WBW Email correspondence with Agostinho Lourenco's attorney regarding ... [R] 0.30 $160.00 $48.00 $0.00 $48.00 V 33 GLOSSARY [R] Full description not given due to redactions. CC Client Communications, reduced by 50%. TP Trial preparations, reduced by 10%. BB Block-billed entries, reduced by 15%. TR Travel entries, reduced by 15%. V Vague claim that inhibits Court assessment. Allowed at $0.00. DNP Claims on which NF Clean did not prevail. Allowed at $0.00. UN Work unnecessary to the TTLA claim. Allowed at $0.00. OT Claims against someone other than Kakal, or unrelated to the TTLA claim; Allowed at $0.00. N/A Written off amounts by Orgain Bell. A Allowed in full. AT Attempted work, unrecoverable. Allowed at $0.00. Entry Date Atty Description Hours Rate Amount Allowed Disallowed Reason for Disallowance (See Glossary) 301 8/23/2017 WBW Telephone conversation with Nuno Fernandes regarding ... [R] 0.30 $160.00 $48.00 $24.00 $24.00 CC 302 8/23/2017 WBW Conducted background research related to Zoila Prentice and her potential assets that may be community property. 1.20 $160.00 $192.00 $0.00 $192.00 OT 303 8/24/2017 WBW Telephone conversation with Agostinho Lourenco's attorney about potential assets belonging to Salim Kakal that may be recoverable in bankruptcy. 0.40 $160.00 $64.00 $0.00 $64.00 OT 304 9/8/2017 WBW Telephone conversation with Nuno Fernandes regarding ... [R] 0.30 $160.00 $48.00 $24.00 $24.00 CC 305 9/11/2017 JB Review correspondence regarding creditors meeting. 0.10 $225.00 $22.50 $22.50 $0.00 A 306 9/11/2017 WBW Email correspondence with Nuno Fernandes regarding ... [R] 0.30 $160.00 $48.00 $24.00 $24.00 CC 307 9/26/2017 WBW Reviewed and analyzed the bankruptcy court filings for purposes of determining when the meeting of the creditors is scheduled. 0.30 $160.00 $48.00 $48.00 $0.00 A 308 9/26/2017 WBW Emailed Salim Kakal's bankruptcy attorney for purposes of confirming the meeting of the creditors is scheduled. 0.20 $160.00 $32.00 $32.00 $0.00 A 309 9/27/2017 JB Review invoices; correspondence to MO regarding the same. 0.30 $225.00 $67.50 $0.00 $67.50 UN 310 9/27/2017 WBW Attempted telephone conversation Salim Kakal's bankruptcy attorney for purposes of confirming the meeting of the creditors is scheduled. 0.10 $160.00 $16.00 $0.00 $16.00 AT 311 9/28/2017 WBW Reviewed and analyzed the filings in the Salim Kakal bankruptcy matter for purposes of preparing for the meeting of the creditors. 1.20 $160.00 $192.00 $192.00 $0.00 A 312 9/28/2017 WBW Telephone conversation with the bankruptcy trustee regarding the meeting of the creditors. 0.40 $160.00 $64.00 $64.00 $0.00 A 313 9/28/2017 WBW Met with attorney David Bledsoe regarding [R] 1.00 $160.00 $160.00 $0.00 $160.00 V 314 9/28/2017 WBW Telephone conversation with Salim Kakal's attorney regarding the meeting of the creditors. 0.30 $160.00 $48.00 $48.00 $0.00 A 315 9/28/2017 DBB Initial review of file and facts, including review of file and detailed communications with Warren Wise re Meeting of Creditors and Cause No. 2016-20315 1.50 $160.00 $240.00 $240.00 $0.00 A 316 10/3/2017 JB Preliminary review of defendant's bankruptcy schedules; research regarding personal property exemptions; correspondence regarding the same. 0.20 $225.00 $45.00 $0.00 $45.00 UN 317 10/3/2017 WBW Reviewed and analyzed Salim Kakal's schedule of property and order converting bankruptcy proceedings to a chapter 13 proceeding for purposes of preparing for the meeting of the creditors. 0.60 $160.00 $96.00 $96.00 $0.00 A 318 10/3/2017 WBW Conducted legal research with respect to Zoila Roxana Prentice-Florez for purposes of determining whether she owns any property that may be community property to which Salim Kakal may have a claim to. 1.20 $160.00 $192.00 $0.00 $192.00 OT 319 10/3/2017 DBB Prepare for Meeting of Creditors, including detailed review of bankruptcy pleadings (Official Form 101 - Voluntary Petition for Individuals, Initial Order for Prosecution of Ch. 7 Case, Official Form 309A - No Proof of Claim Deadline, Order - Possible Future Dismissal, Motion to Extend Deadlines, Notice of Meeting of Creditors and Amended Notice of Meeting of creditors, Schedule of Assets, and Motion to Convert from Ch. 7 to Ch. 13), Cause No. 2016-20315 pleadings and discovery (Original Petition, Amended Petition, Answer, Amended Answer, Motion to Compel, Response to Motion to Compel, Plea to Capacity, Response to Plea to Capacity, Deposition of Salim Kakal, and Suggestion of Bankruptcy), and Secretary of State business filings; Obtain and review background/asset reports on Salim Kakal and wife, Zoila Roxana prentice-Florez, Fontaine Trading, Modex and Fanco USA 6.00 $160.00 $960.00 $816.00 $144.00 BB 320 10/4/2017 WBW Telephone conversation with Nuno Fernandes regarding ... [R] 0.30 $160.00 $48.00 $24.00 $24.00 CC 321 10/4/2017 DBB Prepare for Meeting of Creditors, including preparation of detailed outline questions to ask Salim Kakal and continued detailed review of bankruptcy pleadings (Official Form 101- Voluntary Petition for Individuals, Initial Order for Prosecution of Ch. 7 Case, Official Form 2095A - No Proof of Claim Deadline, Order - Possible Future Dismissal Motion to Extend Deadlines, Notice of Meeting of Creditors and Amended Notice of Meeting of Creditors, Schedule of Assets, and Motion to Convert from Ch. 7 to Ch. 13), Cause No. 2016-20315 pleadings and discovery (Original Petition, Amended Petition, Answer, Amended Answer, Motion to Compel, Response to Motion to Compel, Plea to Capacity, Response to Plea to Capacity, Deposition of Salim Kakal, and Suggestion of Bankruptcy), Secretary of State business filings; background/asset reports on Salim Kakal and wife, Zoila Roxana Prentice-Florez, Fontaine Trading, Modex, and Faco USA 8.00 $160.00 $1,280.00 $1,088.00 $192.00 BB 322 10/5/2017 DBB Prepare for and attend Meeting of the Creditors, including travel; Memo to file re summary of same. 5.00 $160.00 $800.00 $680.00 $120.00 TR 323 10/5/2017 DBB Legal Research and analysis re scope of Meeting of Creditors and potential 2004 examination. 1.00 $160.00 $160.00 $160.00 $0.00 A 324 10/6/2017 JB Review correspondence regarding creditors meeting. 0.10 $225.00 $22.50 $22.50 $0.00 A 325 10/10/2017 JB Correspondence regarding order dismissing bankruptcy case. 0.10 $225.00 $22.50 $22.50 $0.00 A 326 10/12/2017 JB Phone conference with Nuno regarding cost concerns. 0.60 $225.00 $0.00 $0.00 $0.00 N/A 327 10/12/2017 JB Meeting with WW regarding plans going forward. 0.20 $225.00 $0.00 $0.00 $0.00 N/A 328 10/13/2017 JB Review correspondence regarding order vacating dismissal of bankruptcy. 0.10 $225.00 $22.50 $22.50 $0.00 A 34 GLOSSARY [R] Full description not given due to redactions. CC Client Communications, reduced by 50%. TP Trial preparations, reduced by 10%. BB Block-billed entries, reduced by 15%. TR Travel entries, reduced by 15%. V Vague claim that inhibits Court assessment. Allowed at $0.00. DNP Claims on which NF Clean did not prevail. Allowed at $0.00. UN Work unnecessary to the TTLA claim. Allowed at $0.00. OT Claims against someone other than Kakal, or unrelated to the TTLA claim; Allowed at $0.00. N/A Written off amounts by Orgain Bell. A Allowed in full. AT Attempted work, unrecoverable. Allowed at $0.00. Entry Date Atty Description Hours Rate Amount Allowed Disallowed Reason for Disallowance (See Glossary) 329 10/16/2017 DBB Receive and review Order of Dismissal, Deficiency Order, Payment Advices, Motion to Vacate Order of Dismissal, and Order granting Motion to Vacate Order of Dismissal; Legal research and analysis re implications of same on bankruptcy proceedings and Cause No. 2016- 20315; Attention to obtaining tax returns filed by Salim Kakal and resetting of Meeting of Creditors. 0.70 $160.00 $112.00 $95.20 $16.80 BB 330 10/23/2017 WBW Received correspondence from the Court regarding the status of the court-required scheduling conference. 0.10 $160.00 $16.00 $16.00 $0.00 A 331 10/23/2017 WBW Telephone conversation with the court coordinator regarding attendance requirements at the court-required scheduling conference. 0.30 $160.00 $48.00 $48.00 $0.00 A 332 10/26/2017 WBW Attended the court-mandated status conference hearing in Houston, Texas 5.50 $160.00 $880.00 $748.00 $132.00 TR 333 10/3/2017 JB Preliminary review of defendant's bankruptcy schedules; research regarding personal property exemptions; correspondence regarding the same. 0.20 $225.00 $45.00 $0.00 $45.00 UN 334 11/1/2017 DBB Prepare for Meeting of Creditors, including review of Ch. 13 conversion of Order and Ch. 13 Payment Plan and revisions to outline and questions; Attention to status of Meeting of Creditors. 2.50 $160.00 $400.00 $400.00 $0.00 A 335 11/2/2017 DBB Prepare for and attend Meeting of Creditors (reset), including travel; Memo to file re same. 6.50 $160.00 $1,040.00 $884.00 $156.00 TR 336 11/3/2017 JB Review and correspondence regarding creditors meeting. 0.10 $255.00 $0.00 $0.00 $0.00 N/A 337 11/3/2017 DBB Analyze case strategy moving forward after Ch. 13 conversion 0.20 $160.00 $32.00 $0.00 $32.00 V 338 11/6/2017 DBB Provide status update 0.30 $160.00 $48.00 $0.00 $48.00 V 339 11/10/2017 WBW Received and reviewed correspondence from the court setting a status conference hearing 0.10 $160.00 $16.00 $16.00 $0.00 A 340 11/14/2017 DBB Attention to status of Meeting of Creditors, including review of Docket Report and Court records 0.20 $160.00 $32.00 $32.00 $0.00 A 341 11/22/2017 WBW Attention to status of Meeting of creditors (continued), including review of Docket Report and Court records. 0.20 $160.00 $32.00 $32.00 $0.00 A 342 11/28/2017 WBW Telephone conversation with the bankruptcy trustee David Peake regarding the status of the Creditor's meeting 0.20 $160.00 $32.00 $32.00 $0.00 A 343 11/29/2017 WBW Telephone conversation with the bankruptcy trustee David Peake regarding the status of the Creditor's meeting 0.10 $160.00 $16.00 $16.00 $0.00 A 344 12/4/2017 DBB Receive and review Notice of Ch. 13 and (reset) Creditor Meeting, with attention to revised deadlines for filing proof of claim, objecting to claimed property exemptions, objecting to repayment plan, and objecting to discharges. 0.30 $160.00 $48.00 $48.00 $0.00 A 345 12/5/2017 WBW Email correspondence with Nuno Fernandes regarding ... [R] 0.30 $160.00 $48.00 $24.00 $24.00 CC 346 12/7/2017 DBB Receive and review Notice of Hearing re Confirmation of Ch. 13 plan, etc., with attention to objection deadline. 0.20 $160.00 $32.00 $32.00 $0.00 A 347 12/21/2017 WBW Email correspondence with Nuno Fernandes regarding ... [R] 0.30 $160.00 $48.00 $24.00 $24.00 CC 348 12/22/2017 DBB Prepare for and attend Meeting of Creditors (reset), including travel; Memo to file re same. 7.00 $160.00 $1,120.00 $952.00 $168.00 TR 349 1/3/2018 WBW Email correspondence with Nuno Fernandes regarding ... [R] 0.20 $160.00 $32.00 $16.00 $16.00 CC 350 1/8/2018 WBW Email correspondence with Nuno Fernandes regarding ... [R] 0.20 $160.00 $32.00 $16.00 $16.00 CC 351 1/8/2018 WBW Reviewed and analyzed Salim Kakal's Chapter 13 plan for purposes of determining whether objections are appropriate. 0.80 $160.00 $128.00 $128.00 $0.00 A 352 1/8/2018 WBW Reviewed and analyzed recent filings in the bankruptcy proceeding for purposes of determining all appropriate deadlines. 1.00 $160.00 $160.00 $160.00 $0.00 A 353 1/8/2018 DBB Analyze options for Motion to Dismiss/Complaint to Dischargeability of Debt, including communications with Warren Wise. 0.30 $160.00 $48.00 $48.00 $0.00 A 354 1/9/2018 JB Phone conference with Nuno regarding [R] 0.90 $225.00 $0.00 $0.00 $0.00 N/A 355 1/9/2018 JB Correspondence to Nuno regarding .. [R] 0.20 $335.00 $0.00 $0.00 $0.00 N/A 356 1/9/2018 WBW Reviewed and analyzed the bankruptcy court filings for of advising Nuno Fernandes with respect to the same. 0.60 $160.00 $96.00 $96.00 $0.00 A 357 1/9/2018 WBW Conference call with Nuno regarding [R] 0.80 $160.00 $128.00 $64.00 $64.00 CC 358 1/10/2018 JB Draft memo regarding complain[t] against dischargeability. 0.10 $225.00 $22.50 $22.50 $0.00 A 359 1/15/2018 JB Meeting with WW regarding status of complaint against discharge. 0.20 $225.00 $0.00 $0.00 $0.00 N/A 360 1/15/2018 WBW Reviewed and analyzed Salim Kakal's amended Chapter 13 plan for purposes of responding thereto. 0.40 $160.00 $64.00 $64.00 $0.00 A 361 1/15/2018 WBW Reviewed and analyzed Salim Kakal's amended Schedule of Assets for purposes of responding thereto. 0.40 $160.00 $64.00 $64.00 $0.00 A 362 1/15/2018 WBW Reviewed and analyzed all new case filings made by the bankruptcy trustee for purposes of responding thereto. 0.30 $160.00 $48.00 $0.00 $48.00 V 363 1/15/2018 WBW Conducting legal research regarding bankruptcy rules to filing a complaint to the non-dischargeability of a debt. 0.80 $160.00 $0.00 $0.00 $0.00 N/A 364 1/15/2018 WBW Drafted NF Clean's Complaint to the Non-Dischargeability of a Debt. 1.10 $160.00 $176.00 $176.00 $0.00 A 365 1/16/2018 JB Review correspondence complaint against dischargeability. 0.10 $225.00 $0.00 $0.00 $0.00 N/A 366 1/16/2018 WBW Finalized NF Clean's Complaint to the Non-Dischargeability of a Debt. 1.70 $160.00 $272.00 $272.00 $0.00 A 367 1/16/2018 WBW Conducted legal research regarding the Southern District of Texas local rules with respect to filing an adversary proceeding. 0.70 $160.00 $0.00 $0.00 $0.00 N/A 368 1/16/2018 WBW Drafted the court-mandated cover sheet necessary with respect to an adversary proceeding. 0.40 $160.00 $0.00 $0.00 $0.00 N/A 369 1/16/2018 WBW Drafted NF Clean's Proof of Claim for purposes of filing the same in the Salim Kakal bankruptcy proceeding. 1.10 $160.00 $176.00 $176.00 $0.00 A 35 GLOSSARY [R] Full description not given due to redactions. CC Client Communications, reduced by 50%. TP Trial preparations, reduced by 10%. BB Block-billed entries, reduced by 15%. TR Travel entries, reduced by 15%. V Vague claim that inhibits Court assessment. Allowed at $0.00. DNP Claims on which NF Clean did not prevail. Allowed at $0.00. UN Work unnecessary to the TTLA claim. Allowed at $0.00. OT Claims against someone other than Kakal, or unrelated to the TTLA claim; Allowed at $0.00. N/A Written off amounts by Orgain Bell. A Allowed in full. AT Attempted work, unrecoverable. Allowed at $0.00. Entry Date Atty Description Hours Rate Amount Allowed Disallowed Reason for Disallowance (See Glossary) 370 1/16/2018 WBW Telephone call with the court clerk regarding the filing of NF Clean's Complaint to the Dischargeability of the Debt. 0.70 $160.00 $0.00 $0.00 $0.00 N/A 371 1/16/2018 WBW Filed NF Clean's Proof of Claim. 0.40 $160.00 $64.00 $64.00 $0.00 A 372 1/16/2018 WBW Filed NF Clean's Complaint to the Nondischargeability of the Debt. 0.40 $160.00 $64.00 $64.00 $0.00 A 373 1/17/2018 WBW Conducted legal research regarding potential objections to a Chapter 13 plan in bankruptcy. 0.80 $160.00 $128.00 $128.00 $0.00 A 374 1/17/2018 WBW Drafted NF Clean's Objections to Kakal's Chapter 13 Plan. 1.80 $160.00 $288.00 $288.00 $0.00 A 375 1/18/2018 JB Meeting with WW regarding hearing on plan confirmation. 0.30 $225.00 $0.00 $0.00 $0.00 N/A 376 1/18/2018 WBW Reviewed and analyzed all relevant filings, including Salim Kakal's Chapter 13 plan and the trustee's motion to dismiss for purposes of determining NF Clean's strategy. 1.00 $160.00 $160.00 $0.00 $160.00 UN 377 1/18/2018 WBW Telephone conversation with [] Judge Isgur's case manager regarding the status of the motion to confirm Kakal's Chapter 13 plan and Lourenco's intention to file an adversary proceeding. 0.30 $160.00 $48.00 $48.00 $0.00 A 378 1/18/2018 WBW Telephone conversation with [] Agostinho Lourenco's attorney regarding the status of the motion to confirm Kakal's Chapter 13 plan and Lourenco's intention to file an adversary proceeding. 0.30 $160.00 $48.00 $0.00 $48.00 OT 379 1/18/2018 WBW Telephone conversation with the bankruptcy trustee regarding the status of the motion to confirm Kakal's Chapter 13 plan and NF Clean's complaint to the dischargeability of the debt. 0.40 $160.00 $64.00 $64.00 $0.00 A 380 1/22/2018 JB Phone conference with counsel for Kakal regarding postponement of plan confirmation pending adversary proceeding. 0.10 $225.00 $0.00 $0.00 $0.00 N/A 381 1/22/2018 JB Review correspondence regarding hearing on plan confirmation. 0.10 $225.00 $22.50 $22.50 $0.00 A 382 1/23/2018 JB Correspondence regarding hearing on plan confirmation. 0.10 $225.00 $0.00 $0.00 $0.00 N/A 383 1/23/2018 WBW Telephone conversation with Judge Isgur's court coordinator with regard to the parties' motion for continuance on Salim Kakal's Chapter 13 Plan confirmation hearing. 0.20 $160.00 $32.00 $32.00 $0.00 A 384 1/24/2018 WBW Email correspondence with Nuno Fernandes regarding ... [R] 0.30 $160.00 $0.00 $0.00 $0.00 N/A 385 1/25/2018 WBW Conducted background research on Salim Kakal for purposes of determining his driver's license number for Nuno Fernandes. 0.70 $160.00 $112.00 $0.00 $112.00 UN 386 1/26/2018 JB Correspondence to Nuno regarding .. [R] 0.20 $225.00 $0.00 $0.00 $0.00 N/A 387 2/1/2018 WBW Conducted legal research regarding the service rules in bankruptcy court. 0.70 $160.00 $0.00 $0.00 $0.00 N/A 388 2/1/2018 WBW Took all necessary steps to properly serve Salim Kakal with NF Clean's complaint to the dischargeability of the debt. 0.60 $160.00 $96.00 $96.00 $0.00 A 389 2/8/2018 JB Meeting with Warren Wise strategy for confirmation hearing. 0.30 $160.00 $0.00 $0.00 $0.00 N/A 390 2/8/2018 JB Review correspondence regarding status of proceedings 0.10 $160.00 $0.00 $0.00 $0.00 N/A 391 2/8/2018 WBW Reviewed and analyzed the docket sheet for purposes of determining the status of the bankruptcy matter and calendaring everything we need to file. 0.80 $160.00 $0.00 $0.00 $0.00 N/A 392 2/8/2018 WBW Telephone conversation with the bankruptcy trustee regarding the status of the bankruptcy proceeding. 0.60 $160.00 $96.00 $0.00 $96.00 V 393 2/8/2018 WBW Telephone conversation with Agostinho Lourenco's attorney regarding their intentions with respect to Salim Kakal's bankruptcy plan. 0.50 $160.00 $80.00 $0.00 $80.00 OT 394 2/15/2018 WBW Email correspondence with the process server for purposes of determining whether Salim Kakal has been served with NF Clean's complaint to the dischargeability of the debt. 0.30 $160.00 $48.00 $48.00 $0.00 A 395 2/15/2018 WBW Reviewed and analyzed the court order requiring the parties confer with respect to a scheduling order. 0.40 $160.00 $64.00 $64.00 $0.00 A 396 2/15/2018 WBW Email correspondence with plaintiff's attorney regarding our nee[d] to confer in advance of the court status conference. 0.30 $160.00 $48.00 $48.00 $0.00 A 397 2/19/2018 WBW Email correspondence with attorney Tom Ross regarding the parties' joint discovery management plan. 0.40 $160.00 $64.00 $64.00 $0.00 A 398 2/19/2018 WBW Drafted the parties' joint discovery management plan. 1.80 $160.00 $288.00 $288.00 $0.00 A 399 2/20/2018 WBW Revised the parties' joint discovery management plan per the judge's preferred procedures. 2.40 $160.00 $384.00 $384.00 $0.00 A 400 2/20/2018 WBW Multiple email correspondence with attorney Tom Ross regarding the parties' joint discovery management plan. 0.60 $160.00 $96.00 $96.00 $0.00 A 401 2/21/2018 JB Meeting with Warrant regarding status and developments. 0.20 $255.00 $0.00 $0.00 $0.00 N/A 402 2/21/2018 WBW Email correspondence with attorney Tom Ross regarding the parties' joint discovery management plan. 0.30 $160.00 $48.00 $48.00 $0.00 A 403 2/21/2018 WBW Conducted legal research regarding what evidence may be admissible in support of objections to a confirmation of the plan in bankruptcy court. 1.50 $160.00 $240.00 $240.00 $0.00 A 404 2/21/2018 WBW Conducted legal research regarding whether a party can press criminal charges against an individual in bankruptcy. 1.00 $160.00 $160.00 $0.00 $160.00 UN 405 2/22/2018 WBW Met with attorney Tom Ross to go over joint discovery management plan per the judge's order. 4.00 $160.00 $640.00 $640.00 $0.00 A 406 2/22/2018 WBW Filed the parties' joint discovery management plan per the judge's orders. 0.80 $160.00 $128.00 $128.00 $0.00 A 407 2/26/2018 JB Review correspondence regarding debtors filed statement of means. 0.10 $225.00 $0.00 $0.00 $0.00 N/A 36 GLOSSARY [R] Full description not given due to redactions. CC Client Communications, reduced by 50%. TP Trial preparations, reduced by 10%. BB Block-billed entries, reduced by 15%. TR Travel entries, reduced by 15%. V Vague claim that inhibits Court assessment. Allowed at $0.00. DNP Claims on which NF Clean did not prevail. Allowed at $0.00. UN Work unnecessary to the TTLA claim. Allowed at $0.00. OT Claims against someone other than Kakal, or unrelated to the TTLA claim; Allowed at $0.00. N/A Written off amounts by Orgain Bell. A Allowed in full. AT Attempted work, unrecoverable. Allowed at $0.00. Entry Date Atty Description Hours Rate Amount Allowed Disallowed Reason for Disallowance (See Glossary) 408 2/26/2018 WBW Email correspondence with attorney Nelson Jones regarding the court hearing on Salim Kakal's confirmation of the plan hearing. 0.20 $160.00 $32.00 $32.00 $0.00 A 409 2/26/2018 WBW Telephone conversation with attorney Nelson Jones regarding the court hearing on Salim Kakal's confirmation of the plan hearing. 0.40 $160.00 $64.00 $64.00 $0.00 A 410 2/26/2018 WBW Multiple telephone conversation with Nuno Fernandes to discuss [R]. 1.00 $160.00 $160.00 $80.00 $80.00 CC 411 2/27/2018 JB Review correspondence regarding courtroom minutes on hearing today. 0.10 $255.00 $0.00 $0.00 $0.00 N/A 412 2/27/2018 WBW Attended the court hearing on the confirmation of the plan hearing. 7.50 $160.00 $1,200.00 $1,020.00 $180.00 TR 413 2/27/2018 WBW Met with attorney Nelson Jones regarding the status of the bankruptcy proceeding. 0.80 $160.00 $128.00 $0.00 $128.00 V 414 2/27/2018 WBW Telephone call with Nuno Fernandes regarding ... [R] 0.50 $160.00 $80.00 $40.00 $40.00 CC 415 2/27/2018 WBW Met with Nuno Fernandes to discuss [R] 2.40 $160.00 $384.00 $192.00 $192.00 CC 416 3/1/2018 JB Review correspondence regarding trial setting in adversary proceeding. 0.10 $225.00 $0.00 $0.00 $0.00 N/A 417 3/1/2018 WBW Attended joint scheduling conference hearing in Houston, Texas. 8.50 $160.00 $1,360.00 $1,156.00 $204.00 TR 418 3/1/2018 WBW Met with Salim Kakal's attorney to discuss potential dates on which the parties can conduct a mediation. 0.80 $160.00 $128.00 $0.00 $128.00 UN 419 3/1/2018 WBW Email correspondence with Nuno Fernandes regarding ... [R] 0.20 $160.00 $32.00 $16.00 $16.00 CC 420 3/7/2018 JB Correspondence with Nuno Fernandes regarding ... [R] 0.20 $225.00 $0.00 $0.00 $0.00 N/A 421 3/7/2018 WBW Drafted NF Clean's Rule 7.1 initial disclosure. 1.50 $160.00 $240.00 $240.00 $0.00 A 422 3/7/2018 WBW Reviewed and analyzed Salim Kakal's Rule 7.1 initial disclosures. 0.70 $160.00 $112.00 $112.00 $0.00 A 423 3/8/2018 WBW Filed NF Clean's Rule 7.1 initial disclosures. 0.40 $160.00 $64.00 $64.00 $0.00 A 424 3/9/2018 WBW Drafted the parties' joint motion to continue the hearing on plaintiff's confirmation of the plan. 0.70 $160.00 $112.00 $112.00 $0.00 A 425 3/12/2018 WBW Email correspondence with Kakal's attorney regarding the status on the parties' joint motion to continue the hearing on plaintiff's confirmation of the plan. 0.20 $160.00 $32.00 $32.00 $0.00 A 426 3/13/2018 WBW Telephone conversation with the court coordinator regarding the status of the hearing on the trustee's motion to dismiss. 0.20 $160.00 $32.00 $32.00 $0.00 A 427 3/13/2018 WBW Telephone conversation with the bankruptcy trustee regarding the status of the hearing on trustee's motion to dismiss. 0.40 $160.00 $64.00 $64.00 $0.00 A 428 3/13/2018 WBW Telephone conversation with the court coordinator regarding the status of the court-ordered status conference. 0.40 $160.00 $64.00 $64.00 $0.00 A 429 3/13/2018 WBW Email correspondence with attorney Tom Ross regarding the status of the court-ordered status conference. 0.20 $160.00 $32.00 $32.00 $0.00 A 430 3/13/2018 WBW Reviewed and analyzed the case file for purposes of preparing an outline for trial with an eye towards propounding further discovery to support NF Clean's claims. 4.50 $160.00 $0.00 $0.00 $0.00 N/A 431 3/14/2018 JB Correspondence regarding the trustee's recommendation for non-confirmation. 0.10 $225.00 $0.00 $0.00 $0.00 N/A 432 3/14/2018 JB Correspondence to Nuno regarding .. [R] 0.10 $225.00 $0.00 $0.00 $0.00 N/A 433 3/14/2018 WBW Telephone conversation with Judge Isgur's office regarding the status of the hearing on trustee's motion to dismiss. 0.40 $160.00 $64.00 $64.00 $0.00 A 434 3/15/2018 JB Review correspondence regarding document production. 0.10 $225.00 $0.00 $0.00 $0.00 N/A 435 3/15/2018 WBW Drafted NF Clean's initial disclosures. 1.20 $160.00 $192.00 $192.00 $0.00 A 436 3/15/2018 WBW Reviewed and analyzed Salim Kakal's initial disclosures. 0.50 $160.00 $80.00 $80.00 $0.00 A 437 3/15/2018 WBW Reviewed and analyzed all potentially relevant documents for purposes of determining what documents need to be produced in connection with NF Clean's initial disclosures. 1.20 $160.00 $192.00 $192.00 $0.00 A 438 3/15/2018 WBW Attended state court-required status conference in Houston, Texas. 4.50 $160.00 $720.00 $612.00 $108.00 TR 439 3/19/2018 JB Meeting with WW regarding status. 0.20 $225.00 $0.00 $0.00 $0.00 N/A 440 3/19/2018 WBW Discussion with John Bullard regarding ... [R] 0.40 $160.00 $0.00 $0.00 $0.00 N/A 441 3/20/2018 JB Meeting with WW regarding status. 0.30 $225.00 $0.00 $0.00 $0.00 N/A 442 3/20/2018 JB Correspondence to Nuno regarding .. [R] 0.20 $225.00 $0.00 $0.00 $0.00 N/A 443 3/21/2018 WBW Conducted legal research and considered the strategic implications of [R] 0.60 $160.00 $0.00 $0.00 $0.00 N/A 444 3/21/2018 WBW Email correspondence with Nuno Fernandes regarding ... [R] 0.70 $225.00 $0.00 $0.00 $0.00 N/A 445 4/10/2018 WBW Reviewed and analyzed the file for purposes of drafting the plaintiff's witness list and determining all trial exhibits. 2.50 $160.00 $400.00 $360.00 $40.00 TP 446 4/10/2018 WBW Drafted the plaintiff's witness list per the court's order. 0.40 $160.00 $64.00 $57.60 $6.40 TP 447 4/10/2018 WBW Drafted the plaintiff's exhibit list per the court's order. 1.00 $160.00 $160.00 $144.00 $16.00 TP 448 4/11/2018 JB Meeting with WW regarding exhibit lists. 0.30 $225.00 $0.00 $0.00 $0.00 N/A 449 4/11/2018 WBW Email correspondence with Nuno Fernandes regarding ... [R] 0.20 $160.00 $32.00 $16.00 $16.00 CC 450 4/16/2018 WBW Email correspondence with Salim Kakal's attorney Tom Ross regarding our need to mediate the case and meet to stipulate to agreed facts. 0.30 $160.00 $48.00 $0.00 $48.00 UN 37 GLOSSARY [R] Full description not given due to redactions. CC Client Communications, reduced by 50%. TP Trial preparations, reduced by 10%. BB Block-billed entries, reduced by 15%. TR Travel entries, reduced by 15%. V Vague claim that inhibits Court assessment. Allowed at $0.00. DNP Claims on which NF Clean did not prevail. Allowed at $0.00. UN Work unnecessary to the TTLA claim. Allowed at $0.00. OT Claims against someone other than Kakal, or unrelated to the TTLA claim; Allowed at $0.00. N/A Written off amounts by Orgain Bell. A Allowed in full. AT Attempted work, unrecoverable. Allowed at $0.00. Entry Date Atty Description Hours Rate Amount Allowed Disallowed Reason for Disallowance (See Glossary) 451 4/19/2018 WBW Email correspondence with Salim Kakal's attorney regarding our need to meet face-to-face to discuss the case and mediation. 0.30 $160.00 $48.00 $0.00 $48.00 UN 452 4/23/2018 JB Meeting with WW regarding status. 0.10 $225.00 $0.00 $0.00 $0.00 N/A 453 4/23/2018 WBW Email correspondence with plaintiff's counsel regarding his availability to mediate the case. 0.20 $160.00 $32.00 $0.00 $32.00 UN 454 4/23/2018 WBW Email correspondence with Nuno Fernandes regarding ... [R] 0.30 $160.00 $48.00 $24.00 $24.00 CC 455 4/23/2018 WBW Reviewed and analyzed the claim file for purposes of determining whether the debtor has amended his bankruptcy plan to reflect the dischargeability issues be dealt with in the context of the adversary proceeding. 0.50 $160.00 $80.00 $80.00 $0.00 A 456 4/23/2018 WBW Email correspondence with Nelson Jones regarding his client's need to file an amended plan to reflect the court's order that dischargeability issues be handled in the context of the adversary proceeding. 0.20 $160.00 $32.00 $32.00 $0.00 A 457 4/25/2018 WBW Email correspondence plaintiff's counsel regarding the mediation and exhibit and witness lists. 0.20 $160.00 $32.00 $0.00 $32.00 UN 458 4/25/2018 WBW Email correspondence with Nuno Fernandes regarding ... [R] 0.20 $160.00 $32.00 $16.00 $16.00 CC 459 4/26/2018 WBW Reviewed and revised the parties' agreed order to withdraw objections to the confirmation of Salim Kakal's plan. 0.70 $160.00 $112.00 $112.00 $0.00 A 460 4/27/2018 WBW Telephone conversation with Nuno Fernandes regarding the [R] 0.40 $160.00 $64.00 $32.00 $32.00 CC 461 4/30/2018 JB Review correspondence regarding confirmation of bankruptcy plan. 0.10 $225.00 $0.00 $0.00 $0.00 N/A 462 4/30/2018 JB Review correspondence regarding status of settlement negotiations. 0.10 $225.00 $0.00 $0.00 $0.00 N/A 463 4/30/2018 WBW Attended court ordered mediation with Salim Kakal in Houston, Texas. 4.00 $160.00 $640.00 $544.00 $96.00 TR 464 4/30/2018 WBW Attended court hearing on Salim Kakal's confirmation of the plan in Houston, Texas. 4.50 $160.00 $720.00 $612.00 $108.00 TR 465 5/2/2018 WBW Drafted plaintiff's designation of expert witnesses per the judge's scheduling order. 0.80 $160.00 $128.00 $115.20 $12.80 TP 466 5/23/2018 JB Meeting with Warren wise regarding status of case. 0.30 $225.00 $0.00 $0.00 $0.00 N/A 467 5/23/2018 WBW Email correspondence with Nuno Fernandes [R] 0.40 $160.00 $64.00 $32.00 $32.00 CC 468 5/24/2018 WBW Email correspondence with Nuno Fernandes regarding ... [R] 0.20 $160.00 $32.00 $16.00 $16.00 CC 469 5/24/2018 JB Review correspondence regarding status of settlement negotiations and pending trial. 0.10 $225.00 $0.00 $0.00 $0.00 N/A 470 6/6/2018 WBW Drafted the parties' joint pre-trial statement. 2.00 $160.00 $320.00 $320.00 $0.00 A 471 6/6/2018 WBW Conducted legal research regarding whether attorney's fees are recoverable in a complaint to the dischargeability proceeding. 0.80 $160.00 $128.00 $128.00 $0.00 A 472 6/6/2018 WBW Email correspondence with attorney Tom Ross regarding the parties' joint pre-trial statement. 0.10 $160.00 $16.00 $16.00 $0.00 A 473 6/8/2018 JB Correspondence regarding accounting records relative to the claim for attorneys fees. 0.10 $225.00 $0.00 $0.00 $0.00 N/A 474 6/8/2018 WBW Drafted NF Clean's proposed findings of fact and conclusions of law. 2.20 $160.00 $352.00 $316.80 $35.20 TP 475 6/8/2018 WBW Conducted legal research regarding whether and to what extent attorney's fees in pursuing a breach of contract claim is debt that would be non-dischargeable. 1.20 $160.00 $192.00 $0.00 $192.00 OT 476 6/8/2018 WBW Email correspondence with attorney Tom Ross regarding the parties joint pretrial statement. 0.30 $160.00 $48.00 $48.00 $0.00 A 477 6/11/2018 WBW Continued drafting NF Clean's proposed findings of fact and conclusions of law. 2.50 $160.00 $400.00 $360.00 $40.00 TP 478 6/11/2018 WBW Conference call with attorney Tom Ross regarding the parties' joint pre-trial statement. 0.40 $160.00 $64.00 $64.00 $0.00 A 479 6/11/2018 WBW Revised and finalized parties' joint pre-trial statement consistent with the revisions discussed with attorney Tom Ross. 0.70 $160.00 $112.00 $112.00 $0.00 A 480 6/11/2018 WBW Prepared all court-required exhibits necessary for filing with the parties' joint pre-trial statement 0.80 $160.00 $128.00 $128.00 $0.00 A 481 6/18/2018 JB Meeting with Warren Wise regarding pretrial conference and upcoming trial. 0.40 $225.00 $0.00 $0.00 $0.00 N/A 482 6/18/2018 JB Correspondence regarding trial exhibits. 0.10 $225.00 $0.00 $0.00 $0.00 N/A 483 6/18/2018 WBW Attended the court-ordered pre-trial hearing in Houston. 6.50 $160.00 $1,040.00 $884.00 $156.00 TR 484 6/29/2018 WBW Email correspondence with Nuno Fernandes [R] 0.10 $160.00 $16.00 $8.00 $8.00 CC 485 7/2/2018 JB Review correspondence regarding trial preparation. 0.10 $225.00 $0.00 $0.00 $0.00 N/A 486 7/2/2018 WBW Email correspondence with Nuno Fernandes regarding ... [R] 0.10 $160.00 $16.00 $8.00 $8.00 CC 487 7/2/2018 WBW Prepared for trial, specifically outlining with direct examination of Nuno Fernandes. 2.50 $160.00 $400.00 $360.00 $40.00 TP 488 7/5/2018 WBW Prepared for trial, specifically determining all documents that need to be included in the trial notebook. 1.00 $160.00 $160.00 $144.00 $16.00 TP 489 7/5/2018 WBW Prepared for trial, specifically preparing the direct examination of Nuno Fernandes. 1.00 $160.00 $160.00 $144.00 $16.00 TP 490 7/5/2018 WBW Prepared for trial, specifically preparing the direct examination of Salim Kakal. 1.00 $160.00 $160.00 $144.00 $16.00 TP 491 7/5/2018 WBW Prepared for trial, specifically outlining plaintiff's closing argument. 1.50 $160.00 $240.00 $216.00 $24.00 TP 492 7/5/2018 WBW Conducted legal research regarding the legal requirements for proving fraud in the bankruptcy code specifically as it relates to non- dischargeability matters. 2.50 $160.00 $400.00 $0.00 $400.00 OT 38 GLOSSARY [R] Full description not given due to redactions. CC Client Communications, reduced by 50%. TP Trial preparations, reduced by 10%. BB Block-billed entries, reduced by 15%. TR Travel entries, reduced by 15%. V Vague claim that inhibits Court assessment. Allowed at $0.00. DNP Claims on which NF Clean did not prevail. Allowed at $0.00. UN Work unnecessary to the TTLA claim. Allowed at $0.00. OT Claims against someone other than Kakal, or unrelated to the TTLA claim; Allowed at $0.00. N/A Written off amounts by Orgain Bell. A Allowed in full. AT Attempted work, unrecoverable. Allowed at $0.00. Entry Date Atty Description Hours Rate Amount Allowed Disallowed Reason for Disallowance (See Glossary) 493 7/5/2018 WBW Conducted legal research regarding the legal requirements for proving a debt is non-dischargeable under the bankruptcy code. 2.00 $160.00 $320.00 $320.00 $0.00 A 494 7/6/2018 JB Phone conference with Warren re[garding] trial preparation. 0.40 $225.00 $0.00 $0.00 $0.00 N/A 495 7/6/2018 WBW Met with Nuno Fernandes in Houston, Texas to [R] 8.00 $160.00 $1,280.00 $1,088.00 $192.00 TR 496 7/7/2018 JB Meeting with Warren Wise regarding trial preparation. 0.70 $225.00 $0.00 $0.00 $0.00 N/A 497 7/7/2018 WBW Made final preparations for the bankruptcy trial, specifically, preparing and finalizing NF Clean's direct examination of Nuno Fernandes and Salim Kakal. 7.00 $160.00 $1,120.00 $1,008.00 $112.00 TP 498 7/8/2018 WBW Traveled to Houston, Texas to prepare for trial in the bankruptcy proceeding. 1.50 $160.00 $240.00 $216.00 $24.00 TR 499 7/8/2018 WBW Made final preparations for the bankruptcy trial, specifically, preparing and finalizing NF Clean's direct examination of Nuno Fernandes and Salim Kakal. 6.00 $160.00 $960.00 $864.00 $96.00 TP 500 7/9/2018 JB Attend trial of bankruptcy adversary proceeding in Houston with related meetings with client. 8.00 $225.00 $0.00 $0.00 $0.00 N/A 501 7/9/2018 WBW Prepared for the trial in the bankruptcy proceeding. 1.50 $160.00 $240.00 $216.00 $24.00 TP 502 7/9/2018 WBW Attend trial in the bankruptcy proceeding. 8.00 $160.00 $1,280.00 $1,088.00 $192.00 TR 503 7/17/2018 JB Meeting with Warren regarding status and next steps. 0.30 $225.00 $0.00 $0.00 $0.00 N/A 504 8/6/2018 WBW Email correspondence with attorney Tom Ross regarding attorney's fees. 0.10 $160.00 $16.00 $16.00 $0.00 A 505 8/20/2018 JB Review correspondence regarding status update. 0.10 $225.00 $0.00 $0.00 $0.00 N/A 506 8/20/2018 WBW Email correspondence with Nuno Fernandes regarding the ... [R] 0.20 $160.00 $32.00 $16.00 $16.00 CC 507 9/7/2018 JB Correspondence to Nuno regarding .. [R] 0.30 $225.00 $0.00 $0.00 $0.00 N/A 508 9/17/2018 JB Phone conference with Warren regarding [R] 0.20 $225.00 $0.00 $0.00 $0.00 N/A 509 9/17/2018 JB Correspondence regarding status of hearing on attorney's fees. 0.10 $225.00 $22.50 $0.00 $22.50 V 510 9/18/2018 WBW Email correspondence with attorney Tom Ross regarding the outstanding attorney's fees issues. 0.20 $160.00 $32.00 $32.00 $0.00 A 511 9/24/2018 WBW Prepared for the court-ordered hearing on the attorney's fees issue, specifically determining the amount of attorney's fees and expenses incurred by NF Clean, outlining testimony to prove up said attorney's fees and expenses, preparing all necessary exhibits to prove up said attorney's fees and expenses. 3.50 $160.00 $560.00 $560.00 $0.00 A 512 9/24/2018 WBW Conducted legal research regarding whether a creditor is entitled to pre-petition and post-petition attorney's fees when the primary debt is nondischargeable under 11 U.S.C. § 523(a) 1.60 $160.00 $256.00 $256.00 $0.00 A 513 9/24/2018 WBW Drafted NF Clean's response to plaintiff's brief in opposition of attorney's fees. 3.20 $160.00 $512.00 $512.00 $0.00 A 514 9/25/2018 JB Review correspondence regarding hearing on attorney's fees today. 0.10 $225.00 $22.50 $22.50 $0.00 A 515 9/25/2018 WBW Prepared for the court-ordered hearing on the attorney's fees issue in Houston, Texas. 1.60 $160.00 $256.00 $256.00 $0.00 A 516 9/25/2018 WBW Attended the court-ordered hearing on the attorney's fees issue in Houston, Texas. 7.00 $160.00 $1,120.00 $952.00 $168.00 TR 517 9/28/2018 JB Receive and review debtor's proposal for amendment to bankruptcy plan; correspondence regarding the same. 0.30 $225.00 $67.50 $67.50 $0.00 A 518 10/1/2018 WBW Reviewed and analyzed the trustee's motion to dismiss and Kakal's responsive filings for purposes of preparing to argue that Kakal's bankruptcy should not be dismissed due to the trial and pending final judgment. 0.50 $160.00 $80.00 $80.00 $0.00 A 519 10/3/2018 WBW Conducted legal research regarding the Texas Theft Liability Act in preparation for arguing that attorney's fees are recoverable for establishing a claim under that act. 1.80 $160.00 $288.00 $288.00 $0.00 A 520 10/3/2018 WBW Drafted plaintiff's brief regarding entitlement to and nondischargeability of attorney's fees. 2.70 $160.00 $432.00 $432.00 $0.00 A 521 10/4/2018 JB Phone conference with WW regarding hearing on [R] 0.10 $225.00 $0.00 $0.00 $0.00 N/A 522 10/4/2018 WBW Attended the court hearing on the trustee's motion to dismiss for failure to make payment in Houston, Texas. 4.00 $160.00 $640.00 $544.00 $96.00 TR 523 10/8/2018 WBW Revised and finalized plaintiff's brief regarding entitlement to and nondischargeability of attorney's fees. 1.80 $160.00 $288.00 $288.00 $0.00 A 524 10/10/2018 JB Receive and review correspondence from court regarding conversion to Chapter 7 and future proceedings. 0.10 $225.00 $0.00 $0.00 $0.00 N/A 525 10/10/2018 WBW Reviewed and analyzed additional court filings with respect to Kakal's bankruptcy proceedings. 0.60 $160.00 $96.00 $0.00 $96.00 V 526 10/23/2018 JB Correspondence to Nuno regarding .. [R] 0.10 $225.00 $0.00 $0.00 $0.00 N/A 527 10/24/2018 JB Review correspondence from client regarding [R] 0.10 $225.00 $0.00 $0.00 $0.00 N/A 528 10/30/2018 WBW Email correspondence with Judge Isgur's court coordinator for purposes of determining the status of judge's ruling on the attorney's fees issue. 0.40 $160.00 $64.00 $64.00 $0.00 A 529 10/31/2018 JB Review correspondence regarding status of ruling on award of attorney's fees. 0.10 $225.00 $0.00 $0.00 $0.00 N/A 530 10/31/2018 WBW Email correspondence with the court coordinator regarding the status of the court's ruling on the attorney's fees issue. 0.20 $160.00 $32.00 $32.00 $0.00 A 39 GLOSSARY [R] Full description not given due to redactions. CC Client Communications, reduced by 50%. TP Trial preparations, reduced by 10%. BB Block-billed entries, reduced by 15%. TR Travel entries, reduced by 15%. V Vague claim that inhibits Court assessment. Allowed at $0.00. DNP Claims on which NF Clean did not prevail. Allowed at $0.00. UN Work unnecessary to the TTLA claim. Allowed at $0.00. OT Claims against someone other than Kakal, or unrelated to the TTLA claim; Allowed at $0.00. N/A Written off amounts by Orgain Bell. A Allowed in full. AT Attempted work, unrecoverable. Allowed at $0.00. Entry Date Atty Description Hours Rate Amount Allowed Disallowed Reason for Disallowance (See Glossary) 531 10/31/2018 WBW Telephone conversation with the court coordinator regarding the status of the court's ruling on the attorney's fees issues. 0.30 $160.00 $48.00 $48.00 $0.00 A 532 11/1/2018 WBW Met with John Seth Bullard to determine our plan moving forward with respect to Kakal's Chapter 7 bankruptcy. 0.40 $160.00 $64.00 $0.00 $64.00 UN 533 11/5/2018 WBW Determined whether an objection Salim Kakal's proposed modifications under his Chapter 13 plan is required. 0.20 $160.00 $32.00 $32.00 $0.00 A 534 11/15/2018 WBW Email correspondence with the case manager regarding the status of the attorney's fees issue. 0.20 $160.00 $32.00 $32.00 $0.00 A 535 11/16/2018 WBW Email correspondence with Nuno Fernandes regarding [R] 0.20 $160.00 $32.00 $16.00 $16.00 CC 536 11/28/2018 JB Correspondence to client regarding [R]. 0.10 $225.00 $22.50 $11.25 $11.25 CC 537 11/30/2018 WBW Reviewed and analyzed the trustee's notice of abandonment of property for purposes of determining whether objections to same are necessary. 0.30 $160.00 $48.00 $0.00 $48.00 UN Total 482.40 $95,085.00 $69,379.00 $51,196.95 $18,182.05 client discount $500.00 Total: $50,696.95 40 Entry Date Description Amount Allowed Disallowed 1 12/29/2015 Photocopies, Copies: 153 @ $.10 each $15.30 $0.00 $15.30 2 12/31/2015 Secretary of State (Check #-000181761 Record Request). $1.00 $0.00 $1.00 3 2/24/2016 Photocopies, Copies: 4 @ $.10 each $0.40 $0.00 $0.40 4 2/29/2016 Secretary of State (Check #-000182193 Record Request). $1.00 $0.00 $1.00 5 3/3/2016 Federal express corp. Check # - 000182113 $31.59 $0.00 $31.59 6 3/30/2016 Photocopies, Copies: 7 @ $.10 each $0.70 $0.00 $0.70 7 3/31/2016 Secretary of State (Check #-000182473 Record Search). $1.00 $0.00 $1.00 8 4/30/2016 Capital One Bank Check # - 000182603 Electronic Filing $473.29 $473.29 $0.00 9 6/3/2016 Capital One Bank Check # - 000182867 Electronic Filing $176.46 $176.46 $0.00 10 6/29/2016 Photocopies, Copies: 61 @ $.10 each $6.10 $0.00 $6.10 11 7/8/2016 Photocopies, Copies: 138 @ $.10 each $13.80 $0.00 $13.80 12 8/5/2016 Photocopies, Copies: 15 @ $.10 each $1.50 $0.00 $1.50 13 9/6/2016 Capital One Bank Check # - 000285319 Electronic Filing $2.06 $2.06 $0.00 14 10/5/2016 Capital One Bank Check # - 000285532 Electronic Filing $2.06 $2.06 $0.00 15 12/2/2016 Capital One Bank Check # - 000285976 Electronic Filing $2.06 $2.06 $0.00 16 12/21/2016 Warren Wise Check # - 000286202; 12/28/16 Mileage to/from Houston, TX for deposition of Salim Kakal $118.80 $0.00 $118.80 17 12/21/2016 Warren Wise Check # - 000286202; 12/28/16 Parking in Houston, TX for deposition of Salim Kakal $15.00 $0.00 $15.00 18 12/21/2016 Photocopies, Copies: 2 @ $.10 each $0.20 $0.00 $0.20 19 12/27/2016 Photocopies, Copies: 503 @ $.10 each $50.30 $0.00 $50.30 20 12/29/2016 Photocopies, Copies: 4 @ $.10 each $0.40 $0.00 $0.40 21 12/30/2016 Photocopies, Copies: 7 @ $.10 each $0.70 $0.00 $0.70 22 12/31/2016 Secretary of State (Check #-000286355 Records Service). $1.00 $0.00 $1.00 23 1/10/2017 Reliable Court Repor[ter] Check # - 000286352; Deposition of Salim Kakal. $685.00 $685.00 $0.00 24 2/8/2017 Photocopies, Copies: 65 @ $.10 each $5.40 $0.00 $5.40 25 2/9/2017 Photocopies, Copies: 22 @ $.10 each $2.20 $0.00 $2.20 26 2/11/2017 Photocopies, Copies: 27 @ $.10 each $2.70 $0.00 $2.70 27 2/14/2017 Photocopies, Copies: 46 @ $.10 each $4.60 $0.00 $4.60 28 2/28/2017 Secretary of State (Check #-000286749) Secretary of State. $1.00 $0.00 $1.00 29 3/31/2017 Admissible Evidence, Voucher # - 000551222; Deposition/Salim Kakal $437.00 $437.00 $0.00 30 4/12/2017 Photocopies, Copies: 147 @ $.10 each $14.70 $0.00 $14.70 31 5/19/2017 First Bank Card Check # - 000287250 Electronic Filing $43.21 $43.21 $0.00 32 5/19/2017 First Bank Card Check # - 000287250 Electronic Filing $2.06 $2.06 $0.00 33 5/19/2017 First Bank Card Check # - 000287250 Electronic Filing $2.06 $2.06 $0.00 34 5/25/2017 Harris County Tax AS Voucher # - 000551755 Filing fee for Request for vehicle information for NF Clean v. Mondex International /JSB $2.00 $2.00 $0.00 35 5/25/2017 Harris County Tax AS Voucher # - 000551755 Filing fee for Request for vehicle information for NF Clean v. Mondex International /JSB Void Check # - 000287288 -$2.00 -$2.00 $0.00 36 5/25/2017 Photocopies, Copies: 1 @ $.10 each $0.10 $0.00 $0.10 37 5/25/2017 Photocopies, Copies: 2 @ $.10 each $0.20 $0.00 $0.20 38 5/25/2017 Photocopies, Copies: 2 @ $.10 each $0.20 $0.00 $0.20 39 5/31/2017 Bureau of Motor Vehi[cle] Check # - 000287389 Vehicle History Report/ NF Clean v. Mondex/WBW $20.00 $0.00 $20.00 40 5/31/2017 First Bank Card Check # - 000287421 Electronic Filing $4.95 $4.95 $0.00 41 5/31/2017 First Bank Card Check # - 000287421 Electronic Filing $2.06 $2.06 $0.00 42 5/31/2017 First Bank Card Check # - 000287421 Electronic Filing $2.06 $2.06 $0.00 43 6/14/2017 Photocopies, Copies: 2 @ $.10 each $0.20 $0.00 $0.20 44 6/20/2017 Photocopies, Copies: 103 @ $.10 each $10.30 $0.00 $10.30 45 6/30/2017 First Bank Card Check # - 000287644 Electronic Filing $2.06 $2.06 $0.00 46 7/31/2017 Kimberly Daily Check # - 000287711 6/30/17 Parking/Houston, TX for a meeting/KLD $5.00 $0.00 $5.00 47 3/31/2017 Capital One Bank Check # - 000286939 Electronic Filing $2.06 $2.06 $0.00 48 8/16/2017 Photocopies, Copies: 95 @ $.10 each $9.50 $0.00 $9.50 49 8/17/2017 Photocopies, Copies: 278 @ $.10 each $27.80 $0.00 $27.80 50 8/22/2017 First Bank Card Check # - 000287863 Harris County District Clerk Record/WBW $0.30 $0.00 $0.30 51 8/22/2017 First Bank Card Check # - 000287863 Electronic Filing $2.06 $2.06 $0.00 52 8/22/2017 Photocopies, Copies: 38 @ $.10 each $3.80 $0.00 $3.80 53 9/20/2017 First Bank Card Check # - 000288011 Electronic Filing $2.06 $2.06 $0.00 54 9/20/2017 First Bank Card Check # - 000288011Record Search/HC District Clerk-Web/WBW $4.00 $0.00 $4.00 55 9/20/2017 First Bank Card Check # - 000288011Record Search/HC District Clerk-Web/WBW $11.00 $0.00 $11.00 56 9/28/2017 Photocopies, Copies: 2 @ $.10 each $0.20 $0.00 $0.20 57 10/3/2017 Photocopies, Copies: 48 @ $.10 each $4.80 $0.00 $4.80 58 10/3/2017 Photocopies, Copies: 11 @ $.10 each $1.10 $0.00 $1.10 59 10/3/2017 Photocopies, Copies: 7 @ $.10 each $0.70 $0.00 $0.70 60 10/3/2017 Photocopies, Copies: 3 @ $.10 each $0.30 $0.00 $0.30 61 10/3/2017 Photocopies, Copies: 2 @ $.10 each $0.20 $0.00 $0.20 62 10/3/2017 Photocopies, Copies: 8 @ $.10 each $0.80 $0.00 $0.80 63 10/3/2017 Photocopies, Copies: 4 @ $.10 each $0.40 $0.00 $0.40 41 Entry Date Description Amount Allowed Disallowed 64 10/3/2017 Photocopies, Copies: 3 @ $.10 each $0.30 $0.00 $0.30 65 10/3/2017 Photocopies, Copies: 48 @ $.10 each $4.80 $0.00 $4.80 66 10/3/2017 Photocopies, Copies: 1 @ $.10 each $0.10 $0.00 $0.10 67 10/3/2017 Photocopies, Copies: 2 @ $.10 each $0.20 $0.00 $0.20 68 10/3/2017 Photocopies, Copies: 1 @ $.10 each $0.10 $0.00 $0.10 69 10/3/2017 Photocopies, Copies: 8 @ $.10 each $0.80 $0.00 $0.80 70 10/3/2017 Photocopies, Copies: 8 @ $.10 each $0.80 $0.00 $0.80 71 10/3/2017 Photocopies, Copies: 1 @ $.10 each $0.10 $0.00 $0.10 72 10/3/2017 Photocopies, Copies: 3 @ $.10 each $0.30 $0.00 $0.30 73 10/3/2017 Photocopies, Copies: 2 @ $.10 each $0.20 $0.00 $0.20 74 10/3/2017 Photocopies, Copies: 1 @ $.10 each $0.10 $0.00 $0.10 75 10/3/2017 Photocopies, Copies: 1 @ $.10 each $0.10 $0.00 $0.10 76 10/3/2017 Photocopies, Copies: 10 @ $.10 each $1.00 $0.00 $1.00 77 10/3/2017 Photocopies, Copies: 1 @ $.10 each $0.10 $0.00 $0.10 78 10/3/2017 Photocopies, Copies: 10 @ $.10 each $1.00 $0.00 $1.00 79 10/3/2017 Photocopies, Copies: 5 @ $.10 each $0.50 $0.00 $0.50 80 10/3/2017 Photocopies, Copies: 2 @ $.10 each $0.20 $0.00 $0.20 81 10/3/2017 Photocopies, Copies: 3 @ $.10 each $0.30 $0.00 $0.30 82 10/3/2017 Photocopies, Copies: 14 @ $.10 each $1.40 $0.00 $1.40 83 10/3/2017 Photocopies, Copies: 3 @ $.10 each $0.30 $0.00 $0.30 84 10/3/2017 Photocopies, Copies: 1 @ $.10 each $0.10 $0.00 $0.10 85 10/3/2017 Photocopies, Copies: 3 @ $.10 each $0.30 $0.00 $0.30 86 10/3/2017 Photocopies, Copies: 1 @ $.10 each $0.10 $0.00 $0.10 87 10/3/2017 Photocopies, Copies: 10 @ $.10 each $1.00 $0.00 $1.00 88 10/3/2017 Photocopies, Copies: 1 @ $.10 each $0.10 $0.00 $0.10 89 10/3/2017 Photocopies, Copies: 2 @ $.10 each $0.20 $0.00 $0.20 90 10/3/2017 Photocopies, Copies: 2 @ $.10 each $0.20 $0.00 $0.20 91 10/3/2017 Photocopies, Copies: 10 @ $.10 each $1.00 $0.00 $1.00 92 10/3/2017 Photocopies, Copies: 10 @ $.10 each $1.00 $0.00 $1.00 93 10/3/2017 Photocopies, Copies: 3 @ $.10 each $0.30 $0.00 $0.30 94 10/3/2017 Photocopies, Copies: 3 @ $.10 each $0.30 $0.00 $0.30 95 10/3/2017 Photocopies, Copies: 38 @ $.10 each $3.80 $0.00 $3.80 96 10/3/2017 Photocopies, Copies: 4 @ $.10 each $0.40 $0.00 $0.40 97 10/3/2017 Photocopies, Copies: 2 @ $.10 each $0.20 $0.00 $0.20 98 10/3/2017 Photocopies, Copies: 1 @ $.10 each $0.10 $0.00 $0.10 99 10/3/2017 Photocopies, Copies: 4 @ $.10 each $0.40 $0.00 $0.40 100 10/3/2017 Photocopies, Copies: 2 @ $.10 each $0.20 $0.00 $0.20 101 10/3/2017 Photocopies, Copies: 8 @ $.10 each $0.80 $0.00 $0.80 102 10/3/2017 Photocopies, Copies: 3 @ $.10 each $0.30 $0.00 $0.30 103 10/3/2017 Photocopies, Copies: 3 @ $.10 each $0.30 $0.00 $0.30 104 10/4/2017 Photocopies, Copies: 3 @ $.10 each $0.30 $0.00 $0.30 105 10/4/2017 Photocopies, Copies: 5 @ $.10 each $0.50 $0.00 $0.50 106 10/4/2017 Photocopies, Copies: 13 @ $.10 each $1.30 $0.00 $1.30 107 10/4/2017 Photocopies, Copies: 8 @ $.10 each $0.80 $0.00 $0.80 108 10/4/2017 Photocopies, Copies: 8 @ $.10 each $0.80 $0.00 $0.80 109 10/4/2017 Photocopies, Copies: 10 @ $.10 each $1.00 $0.00 $1.00 110 10/4/2017 Photocopies, Copies: 20 @ $.10 each $2.00 $0.00 $2.00 111 10/6/2017 David Bledsoe Check # - 000288173 10/5/17 Mileage to/From Houston, Texas for 341 Meeting of Creditors/DBB $94.70 $0.00 $94.70 112 10/6/2017 David Bledsoe Check # - 000288173 10/5/17 Parking/Houston, Texas for 341 Meeting of Creditors/DBB $25.00 $0.00 $25.00 113 10/6/2017 Pacer Service Center Voucher # - 000553562 Record Search $4.00 $0.00 $4.00 114 10/17/2017 Secretary of State (Check # - 000288288 Record Search) $2.00 $0.00 $2.00 115 10/27/2017 Warren Wise Check # - 000288304; 10/26/17 Mileage to/from Houston, TX to attend the court-mandated status conference hearings/WBW $99.51 $0.00 $99.51 116 10/30/2017 Warren Wise Check # - 000288304; 10/26/17 Parking/Houston, TX to attend the court-mandated status conference hearings/WBW $15.00 $0.00 $15.00 117 10/31/2017 Secretary of State (Check #-000288445 Electronic Filing) $9.00 $9.00 $0.00 118 11/1/2017 Photocopies, Copies: 47 @ $.10 each $4.70 $0.00 $4.70 119 11/6/2017 David Bledsoe Check # - 000288401 11/2/17 Mileage to/From Houston, Texas for Creditor Meeting/DB $94.70 $0.00 $94.70 120 11/6/2017 David Bledsoe Check # - 000288401 11/2/17 Parking/Houston, Texas for Creditor Meeting/DB $20.00 $0.00 $20.00 121 12/4/2017 Photocopies, Copies: 2 @ $.10 each $0.20 $0.00 $0.20 122 12/21/2017 Photocopies, Copies: 11 @ $.10 each $1.10 $0.00 $1.10 123 12/28/2017 David Bledsoe Check # - 000288702 12/22/17 Mileage to/From Houston, Texas for Creditor Meeting/DBB $94.70 $0.00 $94.70 124 12/28/2017 David Bledsoe Check # - 000288702 12/22/17 Parking/Houston, Texas for Creditor Meeting/DBB $25.00 $0.00 $25.00 125 1/30/2018 Pacer Service Center Check # - 00288967 10/01 - 12/31 Record Searches $16.10 $0.00 $16.10 126 1/30/2018 First Bank Card Voucher # - 000554809 Professional Services/Removal/WBW $350.00 $0.00 $350.00 42 Entry Date Description Amount Allowed Disallowed 127 2/26/2018 Photocopies, Copies: 42 @ $.10 each $4.20 $0.00 $4.20 128 3/1/2018 Photocopies, Copies: 2 @ $.10 each $0.20 $0.00 $0.20 129 3/2/2018 Photocopies, Copies: 27 @ $.10 each $2.70 $0.00 $2.70 130 3/7/2018 Warren Wise Check # - 000289270 2/27/18 Meal/Houston, TX attending court hearing in Southern District of Texas Bankruptcy Court on Salim Kakal/WBW $3.02 $0.00 $3.02 131 3/7/2018 Warren Wise Check # - 000289270 3/1/18 Meal/Houston, TX attending court hearing in Southern District of Texas Bankruptcy Court on joint disc plan/WBW $18.02 $0.00 $18.02 132 3/7/2018 Warren Wise Check # - 000289270 2/27/18 Mileage to/from Houston, TX attending court hearing in Southern District of Texas Bankruptcy Court on Salim Kakal/WBW $113.36 $0.00 $113.36 133 3/7/2018 Warren Wise Check # - 000289270 2/27/18 Parking/Houston, TX attending court hearing in Southern District of Texas Bankruptcy Court on Salim Kakal/WBW $12.00 $0.00 $12.00 134 3/7/2018 Warren Wise Check # - 000289270 3/1/18 Mileage to/from Houston, TX attending court hearing in Southern District of Texas Bankruptcy Court on joint disc plan/WBW $107.91 $0.00 $107.91 135 3/7/2018 Warren Wise Check # - 000289270 3/1/18 Parking/Houston, TX attending court hearing in Southern District of Texas Bankruptcy Court on joint disc plan/WBW $12.00 $0.00 $12.00 136 3/22/2018 Warren Wise Check # - 000289394 3/15/18 Mileage to/from Houston, Texas to attend court ordered status conference/WBW $100.28 $0.00 $100.28 137 3/31/2018 Kim Tindall & Assoc. Voucher # - 000555530 2/13/18 Professional Services/JSB $75.00 $0.00 $75.00 138 4/30/2018 Warren Wise Check # - 000289764 4/30/18 Meals/Houston, TX attending hearing/WBW $13.89 $0.00 $13.89 139 4/30/2018 Warren Wise Check # - 000289764 4/30/18 Mileage to/from Houston, TX to attend hearing on Kakal's confirmation of bankruptcy plan & court-ordered mediation/WBW $106.82 $0.00 $106.82 140 4/30/2018 Warren Wise Check # - 000289764 4/30/18 Parking/Houston, TX to attend hearing on Kakal's confirmation of bankruptcy plan & court-ordered mediation/WBW $12.00 $0.00 $12.00 141 4/30/2018 Pacer Service Center Check # - 000289687 Record Search $37.00 $0.00 $37.00 142 6/11/2018 Photocopies, Copies: 22 @ $.10 each $2.20 $0.00 $2.20 143 6/15/2018 Photocopies, Copies: 149 @ $.10 each $14.90 $0.00 $14.90 144 6/19/2018 Cheyenne Homes Check # - 000290056 2/15/18 Professional Services pertaining to Salim Kakal/JB $85.00 $0.00 $85.00 145 6/20/2018 Warren Wise Check # - 000290045 6/18/18 Meals/Houston, Texas attending the court required pre-trial hearing/WBW $14.35 $0.00 $14.35 146 6/20/2018 Warren Wise Check # - 000290045 6/18/18 Travel from 470 Orleans St. Beaumont, TX to County Clerk at Law No. 1, 201 Caroline Street Houston, Texas/WBW $105.73 $0.00 $105.73 147 6/20/2018 Warren Wise Check # - 000290045 6/18/18 Parking/Houston, Texas to attend the court required pre-trial hearing/WBW $12.00 $0.00 $12.00 148 6/30/2018 Warren Wise Check # - 000290163 7/8 - 7/9/18 Meals/Houston, Texas attending trial in the bankruptcy proceeding/WBW $74.10 $0.00 $74.10 149 6/30/2018 Warren Wise Check # - 000290163 7/8 - 7/9/18 Mileage to/from 470 Orleans Street Beaumont, Texas 77704 to/from 201 Caroline Street Houston, Texas 77002/WBW $106.82 $0.00 $106.82 150 6/30/2018 Warren Wise Check # - 000290163 7/8 - 7/9/18 Parking/Caroline Street, Houston, Texas 77002/Attending trial in the bankruptcy proceeding/WBW $44.00 $0.00 $44.00 151 6/30/2018 Warren Wise Check # - 000290163 7/8 - 7/9/18 Hotel/Houston, Texas 77002/Attending trial in the bankruptcy proceeding/WBW $237.03 $0.00 $237.03 152 6/30/2018 Warren Wise Check # - 000290163 7/6/18 Mileage to/from 470 Orleans Street Beaumont, Texas 77704 to/from Houston, Texas 77702; Meet with Nuno Fernandes to prepare for trial/WBW $114.45 $0.00 $114.45 153 7/2/2018 Photocopies, Copies: 95 @ $.10 each $9.50 $0.00 $9.50 154 7/3/2018 Photocopies, Copies: 13 @ $.10 each $1.30 $0.00 $1.30 155 7/5/2018 Photocopies, Copies: 761 @ $.10 each $76.10 $0.00 $76.10 156 7/6/2018 Pacer Service Center Check # - 000290271 Record Searches $10.60 $0.00 $10.60 157 7/7/2018 Photocopies, Copies: 705 @ $.10 each $70.50 $0.00 $70.50 158 7/8/2018 Photocopies, Copies: 523 @ $.10 each $52.30 $0.00 $52.30 159 7/9/2018 Photocopies, Copies: 1 @ $.10 each $0.10 $0.00 $0.10 160 7/10/2018 Photocopies, Copies: 130 @ $.10 each $13.00 $0.00 $13.00 161 9/18/2018 Photocopies, Copies: 14 @ $.10 each $1.40 $0.00 $1.40 162 9/19/2018 Photocopies, Copies: 51 @ $.10 each $5.10 $0.00 $5.10 163 9/20/2018 Photocopies, Copies: 21 @ $.10 each $2.10 $0.00 $2.10 164 9/24/2018 Photocopies, Copies: 82 @ $.10 each $8.20 $0.00 $8.20 165 9/25/2018 Photocopies, Copies: 14 @ $.10 each $1.40 $0.00 $1.40 166 9/28/2018 Warren Wise Check # - 000290709 9/25/18 Meal in Houston, Texas to attend Court Hearing on attorney fees $26.96 $0.00 $26.96 167 9/28/2018 Warren Wise Check # - 000290709 9/25/18 Mileage to/from Houston, Texas to attend Court Hearing on attorney fees $105.73 $0.00 $105.73 168 10/1/2018 Warren Wise Check # - 000290785 10/4/18 Meal in Houston, Texas to attend court hearing on the bankruptcy trustee's motion to dismiss Kakal's bankruptcy. $16.67 $0.00 $16.67 169 10/1/2018 Warren Wise Check # - 000290785 10/4/18 Mileage to/from Houston, Texas to attend court hearing on the bankruptcy trustee's motion to dismiss Kakal's bankruptcy. $104.64 $0.00 $104.64 170 10/1/2018 Warren Wise Check # - 000290785 10/4/18 Parking in Houston, Texas to attend court hearing on the bankruptcy trustee's motion to dismiss Kakal's bankruptcy. $12.00 $0.00 $12.00 171 10/14/2018 Pacer Service Center Check # - 000291025 Record Serv. $0.20 $0.00 $0.20 172 10/14/2018 Pacer Service Center Check # - 000291025 Record Serv. $7.40 $0.00 $7.40 Total: $5,073.25 $1,851.57 $3,221.68