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finding that sanctions were warranted because counsel should have dismissed the case but instead maintained it by taking multiple depositions and proceeding to summary judgment
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CIVIL ACTION No. 15-01572
04-29-2016
SALIMA HAWTHORNE, K.A., et al., Plaintiffs, v. MUNICIPALITY OF NORRISTOWN, et al., Defendants.
PAPPERT, J. MEMORANDUM
Subsequent to the Court granting summary judgment in its favor, Defendant Municipality of Norristown ("Norristown") filed a motion for sanctions pursuant to 28 U.S.C. Section 1927. Norristown contends that Plaintiffs' counsel, Gregg L. Zeff ("Counsel" or "Zeff"), in bad faith continued to pursue a case he knew to be meritless. Norristown seeks reimbursement of attorneys' fees and costs incurred to defend the case for several months after Zeff should have voluntarily dismissed the Plaintiffs' complaint or withdrawn from his representation of the Plaintiffs. The Court grants the motion.
I.
This case involved the police pursuit of a stolen car whose occupants were injured when the car crashed. Throughout the litigation, Zeff maintained that Norristown police officers aggressively chased and rammed his clients' car, which led to a "catastrophic collision" and their injuries. Video from a dashboard camera in one of the officer's cars, however, revealed the Plaintiffs' allegations to be false. Based largely on that video, the Court granted Norristown's motion for summary judgment and dismissed the case on February 5, 2016. See Hawthorne v. Municipality of Norristown, No. 15-01572, 2016 WL 454401 (E.D. Pa. Feb. 5, 2016). The Court's Opinion includes a detailed recitation of the facts, which need not be repeated here. After dismissing the case, the Court issued an order to show cause why sanctions were not appropriate under Federal Rules of Civil Procedure 11(b)(1)-(3), 28 U.S.C. Section 1927 and/or the Court's inherent powers. (ECF No. 44 at 1-3.) The Court ordered Counsel to respond by February 22, 2016, and held a hearing on February 24, 2016. (Id.)
At the hearing, Scott Gottel ("Gottel"), Norristown's attorney, stated that he sent the police pursuit video to Zeff with Norristown's initial disclosures on April 17, 2015. (Order to Show Cause Oral Arg. ("Second Oral Arg.") 39:20-21, ECF No. 52.) Sometime thereafter, Zeff's associate told Gottel's office that they did not receive the video. Gottel resent the video on May 7, 2015 and Zeff received it the same day. (Id. 40:3-5; see also Pls.' Opp. to Order to Show Cause at 2, 6, ECF No. 47-1) Represented by counsel at the hearing, Zeff acknowledged that he watched the video before K.A.'s deposition on July 21, 2015. (Second Oral Arg. 8:10-19, 18:20-19:4.) He admitted that the video contradicts his clients' allegations. (Id. 25:5-6.) He also stated that he failed to amend the complaint after viewing the video because he is one who doesn't "amend my Complaint regularly" and proceeds with the original pleading "whether it's true or false." (Id. 9:25-10:1, 33:18-22.) After Zeff deposed Norristown's police officers in early August and the beginning of September, 2015 it was "crystal clear" to him that "this was a police department that did everything by the book" and he was "actually shocked by it." (Id. 34:13-15.)
On February 26, 2016 Norristown filed its motion for sanctions. (Def.'s Mot. for Sanctions ("Def.'s Mot."), ECF No. 49-1.) It asks the Court to award $73,588.89 for costs and fees incurred from July 21, 2015 through February 24, 2016, in addition to $1,000.00 in fees for the preparation of its motion for sanctions, for a total of $74,588.89. (Id. at 9.) Zeff retained new counsel on March 4, 2016. (ECF No. 50.) Counsel requested additional time to respond to Norristown's motion, which the Court granted. (ECF No. 51.) The response filed on March 25, 2016 contends, among other things, that Zeff's conduct did not meet the statutory definition of "bad faith" under Section 1927. (Pls.' Opp. to Def.'s Mot. ("Pls.' Opp.") at 20-21, ECF No. 53.) Norristown replied a week later and the Court scheduled oral argument for April 13, 2016. (ECF Nos. 54-55.) At Zeff's request, the Court rescheduled the hearing to April 19, 2016. (Motion for Sanctions Oral Arg. ("Third Oral Arg."), ECF No. 58.)
II.
Title 28 U.S.C. Section 1927 states that "[a]ny attorney or other person admitted to conduct cases in any court of the United States . . . who so multiples the proceedings in any case unreasonably and vexatiously" may be required to "satisfy personally the excess costs, expenses, and attorneys' fees reasonably incurred because of such conduct." An attorney violates Section 1927 if he: "'(1) multiplied proceedings; (2) in an unreasonable and vexatious manner; (3) thereby increasing the cost of the proceedings; and (4) doing so in bad faith or by intentional misconduct.'" In re Schaefer Salt Recovery, Inc., 542 F.3d 90, 101 (3d Cir. 2008) (quoting In re Prudential Ins. Co. Am. Sales Practice Litig. Agent Actions, 278 F.3d 175, 188 (3d Cir. 2002)). The principal purpose of imposing sanctions under Section 1927 is the "'deterrence of intentional and unnecessary delay in the proceedings.'" In re Schaefer Salt Recovery, Inc., 542 F.3d at 101 (quoting Zuk v. E. Pa. Psychiatric Inst. of the Med. Coll., 103 F.3d 294, 297 (3d Cir. 1996)).
The Third Circuit Court of Appeals has held that "'sanctions may not be imposed under § 1927 absent a finding that counsel's conduct resulted from bad faith, rather than misunderstanding, bad judgment, or well-intentioned zeal.'" Grider v. Keystone Health Plan Cent., Inc., 580 F.3d 119, 142 (3d Cir. 2009) (quoting LaSalle Nat'l Bank v. First Conn. Holding Group, L.L.C. XXIII, 287 F.3d 279, 289 (3d Cir. 2002)). The attorney's conduct "must be of egregious nature, stamped by bad faith that is violative of recognized standards in the conduct of litigation." Baker Indus., Inc. v. Cerberus, Ltd., 764 F.2d 204, 208 (3d Cir. 1985) (citation omitted). Bad faith may be inferred where a party pursues claims that are clearly frivolous. See In re Prudential, 278 F.3d at 188 ("Indications of this bad faith are findings that the claims advanced were meritless, that counsel knew or should have known this, and that the motive for filing the suit was for an improper purpose such as harassment.") (citation omitted); see also Murphy v. Hous. Auth. and Urban Redevelopment Agency of City of Atl. City, 51 F. App'x 82, 83 (3d Cir. 2002) ("[B]ad faith may be inferred from the record . . . .").
III.
Counsel's conduct in continuing to pursue the claims against Norristown after watching the dash cam video on or before July 21, 2015 merits the imposition of sanctions under Section 1927. (Pls.' Opp. at 10) ("In preparation for the depositions of his [Zeff's] clients on July 21, 2015, he viewed the video.") The case, or at a minimum Counsel's participation in it, should have ended very shortly thereafter. Instead, the proceedings were extended by more than six months. Activity in the litigation included: Plaintiffs K.A. and Johnson's depositions on July 21, 2015 and September 1, 2015 respectively, the depositions of various Norristown police officers on August 11, 2015 and September 1, 2015, briefing on Norristown's motion for summary judgment, oral argument on the motion on January 19, 2016 and the Court's considerable time spent preparing for and conducting oral argument and writing its summary judgment opinion. (Id. at 11-14.) All of this was, by definition, a multiplication of these proceedings which obviously increased the costs incurred by Norristown as it continued to defend itself and the conduct of its officers. That multiplication was unreasonable and vexatious. Counsel knew or should have known from the instant he watched the video that his clients' claims were frivolous. He instead forged ahead until the Court's dismissal of the case. (Id. at 17.)
Counsel also continued to pursue a settlement throughout this extended timeframe. He participated in a settlement conference before Chief Magistrate Judge Caracappa on October 8, 2015, and following the summary judgment oral argument negotiated with Norristown's insurer a de minimis settlement on or around January 19, 2016. (Pl.'s Opp. at 6, 17.) Gottel was unaware of any settlement offer made on behalf of his client. (Second Oral Arg. 27:8-23.) He stated at oral argument that the insurer only extended the offer "because of the approaching trial and the increasing costs of having to continue with the litigation." (Id. 27:15-16.) The offer was made "without [Gottel's] consultation." (Id. 27:22-23.) In any event, the Court dismissed the Plaintiffs' complaint before the parties agreed to any settlement. See Hawthorne, No. 15-01572, 2016 WL 454401, at *8.
The Court regrettably concludes that Counsel acted in bad faith in pursuing the case after the dash cam video revealed the falsity of the complaint's central allegations. While the Court may infer bad faith from the record, here no such inference is required; the record speaks for itself. See Murphy, 51 F. App'x at 83. Zeff knew or reasonably should have known that his claims had no basis in law or fact after viewing the video. For one thing, Counsel never amended the complaint, specifically paragraph fourteen which states:
Ultimately, a Norristown police vehicle struck the back of the vehicle driven by Bailey causing that vehicle to strike another vehicle and roll over in a catastrophic collision. Plaintiffs Ameer Johnson and K.A. suffered serious injuries including but not limited to head, brain, neck, back, arm, leg and other injuries, resulting in a lengthy hospitalizations, rehabilitation and surgeries, some or all of which may be permanent.(Pls.' Compl. ¶ 14, ECF No. 1) (emphasis added.)
Perhaps most troubling, Counsel discussed and reviewed the video with his clients, K.A. and Johnson, and then sat silently through their depositions while they testified to a version of the case which was flatly contradicted by the video. (Second Oral Arg. 16:11-13.) Specifically, K.A. testified that although he did not see it, a police car hit their car, which caused it to lose control, hit a "big bump" in the road and crash. See Hawthorne, No. 15-01572, 2016 WL 454401, at *2. Johnson testified that their car hit a "little bump" and police cars hit the car "like three times" after the bump. Id. Counsel maintained his original theory of the case through every deposition, summary judgment brief, oral argument and settlement negotiation. None of that should have ever happened. Upon watching the dash cam video as part of its review of the record in deciding Norristown's summary judgment motion, the Court knew—immediately and without any doubt or question—that the car in which the Plaintiffs were riding crashed because the driver was speeding, not because a police car "rammed" it.
Zeff argues that he had to proceed with the case and could not withdraw because his clients "did not provide . . . authorization [to withdraw] in time for oral argument" and that there was a "lack of guidance from his clients." (Pls.' Opp. at 13.) If Counsel's clients were unwilling to withdraw their claims, he had a duty under the Pennsylvania Rules of Professional Conduct to withdraw from their representation. Rule 1.16(a) states that:
A lawyer shall . . . withdraw from the representation of a client if: (1) the representation will result in violation of the Rules of Professional Conduct or other law . . . (4) the client insists upon taking action that the lawyer considers repugnant or with which the lawyer has a fundamental disagreement . . . (7) other good cause for withdrawal exists.
The comments to Rule 1.16 state that a lawyer "ordinarily must decline or withdraw" from representation if his clients "demand[] that the lawyer engage in conduct that . . . violates the Rules of Professional Conduct." Moreover, "[w]ithdrawal is also justified if the client persists in a course of action that the lawyer reasonably believes is . . . fraudulent." Pa. Rules of Professional Conduct 1.16 cmts. 2, 7.
Rule 3.1 addresses "meritorious claims and contentions" and instructs that "[a] lawyer shall not bring or defend a proceeding, or assert or controvert an issue therein, unless there is a basis in law and fact for doing so that is not frivolous . . . ." The comments to Rule 3.1 clarify that lawyers are required to "determine that they can make good faith arguments in support of their clients' positions" and that an action is frivolous if the lawyer is unable "to make a good faith argument on the merits of the action taken . . . ." Pa. Rules of Professional Conduct 3.1 cmt. 2.
Zeff contends that the totality of his conduct does not constitute bad faith, and relies upon Maule v. Philadelphia Media Holdings, LLC, No. 08-3357, 2009 WL 129759 (E.D. Pa. Jan. 16, 2009) and Barbee v. Se. Pa. Transp. Auth., No. 04-4063, 2007 WL 403881 (E.D. Pa. Feb. 1, 2007)—cases in which our Court did not find bad faith under Section 1927. (Pls.' Opp. at 22-23.) Neither decision changes the Court's assessment of Counsel's conduct in this case. In Maule, the defendant argued that the plaintiffs should be sanctioned for "attempting to hold" the defendant liable under several legal theories it viewed as improper. Maule, 2009 WL 129759, at *1. The court found that while the plaintiffs' claims may not ultimately prevail, there was a "reasonable basis in law" for the assertions and therefore their conduct could not "be characterized as unreasonable or vexatious." Id. at *2-3. Likewise, in Barbee, the defendant argued that because six of the plaintiff's seven claims were dismissed on summary judgment, he should be sanctioned. Barbee, 2007 WL 403881, at *3. The court found that while the plaintiff's claims "may appear frivolous in hindsight, at the outset there appeared to be a genuine issue in need of jury resolution." Id. at *2. The fact that "six of his seven claims were dismissed on summary judgment" is not proof that he "advanced meritless claims." Id. at *3.
Zeff also argues that courts must "avoid chilling an attorney's legitimate ethical obligation to represent his client zealously" and that an attorney's "well-intentioned zeal" does not equate to bad faith. (Pls.' Opp. at 19.) The Court agrees with Counsel and the Court's decision today should in no way be interpreted to hinder zealous advocacy, which is an indispensable component of our civil justice system. Zealous advocacy, however, does not mean unbounded advocacy. Counsel must be mindful of the basic purpose of the adversary system—as a means of promoting the discovery of truth—and of their obligations as officers of the court. See Montgomery Ward & Co., Inc. v. Pacific Indem. Co., 557 F.2d 51, 58 (3d Cir. 1977) ("[I]t may be expected that the attorneys, as officers of the court, will adhere to the rightful boundaries of zealous advocacy . . . .").
IV.
The appropriateness of assessing attorneys' fees against counsel under Section 1927 is a matter for the district court's discretion. See Ford v. Temple Hosp., 790 F.2d 342, 347 (3d Cir. 1986) (citing Baker, 764 F.2d at 210). To properly exercise this discretion, the Court must "balance the equities between the parties and may award attorney's fees whenever overriding considerations indicate the need for such a recovery." Id. Sanctions levied under Section 1927 must only impose costs and expenses that result from the particular misconduct, see Martin v. Brown, 63 F.3d 1252, 1264 (3d Cir. 1995), and are limited to those taxable under 28 U.S.C. Section 1920. See In re Prudential, 278 F.3d at 188; see also Martin, 63 F.3d at 1264.
A.
The starting point for determining reasonable attorneys' fees is the lodestar method. See Loftus v. Se. Pa. Transp. Auth., 8 F. Supp. 2d 458, 463 (E.D. Pa. 1998) (citing Matthews v. Freedman, 128 F.R.D. 194, 207 (E.D. Pa. 1989), aff'd, 919 F.2d 135 (3d Cir. 1990)). The lodestar formula multiplies the reasonable number of hours expended by a reasonable hourly rate. See Hensley v. Eckerhart, 461 U.S. 424, 433 (1983). The prevailing party bears the burden of establishing with satisfactory evidence, in addition to the attorney's own affidavits, that the requested hourly rate meets this standard. See Washington v. Philadelphia County Court of Common Pleas, 89 F.3d 1031, 1035 (3d Cir. 1996).
The Third Circuit has held that "it is necessary that the Court 'go line, by line, by line' through the billing records supporting the fee request." Evans v. Port. Auth. of N.Y. & N.J., 273 F.3d 346, 362 (3d Cir. 2001) (emphasis in original). The district court considers whether the time charged is reasonable, excluding "'hours that are excessive, redundant, or otherwise unnecessary, just as a lawyer in private practice ethically is obligated to exclude such hours from his fee submission' to his client." Tenafly Eruv Ass'n, Inc. v. Borough of Tenafly, 195 F. App'x 93, 96 (3d Cir. 2006) (quoting Hensley, 461 U.S. at 434). To challenge the fee request, plaintiffs must state their grounds with "sufficient specificity." Bell v. United Princeton Props., Inc., 884 F.2d 713, 715 (3d Cir. 1989).
Gottel submitted an affidavit to the Court. (Gottel Aff., ECF No. 60.) He is an attorney with Holsten & Associates, where he has worked since March 2003. (Id. ¶ 2.) He graduated from the University of Richmond in 1995 and Dickinson School of Law in 1998 and has been admitted to practice in the Commonwealth of Pennsylvania since 1998, the United States District Court for the Eastern District of Pennsylvania since 2003 and the Third Circuit Court of Appeals since 2004. (Id. ¶¶ 3-4.) Megan Scott ("Scott"), a paralegal with Holsten & Associates, assisted Gottel in the matter. (Id. ¶ 11.) Scott attended Neumann University and is a certified paralegal. (Id.)
Legal work performed by paralegals may be recovered under "reasonable attorneys' fees." See, e.g., Missouri v. Jenkins by Agyei, 491 U.S. 274, 297-98 (1989); Zavodnick v. Gordon & Weisberg, P.C., No. 10-7125, 2012 WL 2036493, at *6-8 (E.D. Pa. June 6, 2012).
Community Legal Services ("CLS") of Philadelphia lists a rate of $435-$505 per hour for attorneys with between 16 and 20 years of experience. (Def.'s Mot., Ex. G.) The fee schedule established by CLS "has been approvingly cited by the Third Circuit as being well developed and has been found by [the Eastern District of Pennsylvania] to be a fair reflection of the prevailing market rates in Philadelphia." Maldonado v. Houstoun, 256 F.3d 181, 187 (3d Cir. 2001) (citations and internal quotation marks omitted). The Court uses the median of this range, $470, as Gottel has practiced for 18 years. Gottel spent 230.40 billable hours on the matter between July 21, 2015 and February 24, 2016. (Def.'s Mot., Ex. H at 53.) The lodestar calculation is therefore 230.40 x $470 = $108,288.00. Gottel's rate of $155 per hour is unquestionably reasonable given the lodestar rate of $470.
Zeff does not contest the reasonableness of Gottel's fees or the number of hours billed. (Pls.' Opp. at 22) ("[N]o contest is asserted regarding the reasonability of the hourly rates or the amount of time spent on the asserted tasks.") After a line by line examination of the fees, however, the Court adjusts the following entries which the Court deems excessive, redundant or otherwise unnecessary:
• The analysis and review of Salima Hawthorne's deposition is adjusted downward from 8.1 hours to 4 hours. See infra Appendix A ("App. A") at 20-21.
• The analysis and review of Lieutenant Todd Dillon's deposition is adjusted downward from 4.4 hours to 2.2 hours. See infra App. A at 20-21.
• The time entry with the narrative "Reviewed the complaint to find where the plaintiff fell to see if there is a common walkway easement" is eliminated as it appears to pertain to another matter. See infra App. A at 24.
• The time spent drafting and preparing Norristown's motion for summary judgment is adjusted downward from 27.7 hours to 18 hours. See infra App. A at 22-27.
• Several time entries are for costs properly taxable under 28 U.S.C. Section 1920 and are therefore addressed in the Court's costs analysis infra Part IV.B. See infra App. A at 13, 18, 32, 34.
• Several time entries are for costs not recoverable under 28 U.S.C. Section 1920 and are therefore eliminated. See infra App. A at 14, 22, 25, 33.
Multiplying Gottel's $155 per hour rate by the hours reasonably expended after the above downward adjustments yields a total of $29,166.00 in attorneys' fees. See infra App. A at 34. The Court exercises its discretion and declines to award Norristown the estimated $1,000.00 incurred in drafting its motion for sanctions.
B.
Any costs awarded pursuant to 28 U.S.C. Section 1927 must be taxable under Section 1920, which lists six categories of such costs:
(1) Fees of the clerk and marshal; (2) Fees for printed or electronically recorded transcripts necessarily obtained for use in the case; (3) Fees and disbursements for printing and witnesses; (4) Fees for exemplification and the costs of making copies of any materials where the copies are necessarily obtained for use in the case; (5) Docket fees under section 1923 of this title; and (6) Compensation of court appointed experts, compensation of interpreters, and salaries, fees, expenses, and costs of special interpretation services under section 1828 of this title.Norristown included in its motion a listing of the expenditures it incurred in defending this matter from July 21, 2015 through February 24, 2016. The Court conducted a line by line review and finds those costs taxable under Section 1920, listed infra Appendix B ("App. B"), total $4,351.99.
The Court, under its inherent powers, may also award those costs not compensable under Section 1920, since Counsel acted in bad faith. See In re Prudential, 278 F.3d at 189 (stating that courts may impose sanctions pursuant to their inherent authority "'where a party has acted in bad faith, vexatiously, wantonly, or for oppressive reasons'") (quoting Chambers v. NASCO, Inc., 501 U.S. 32, 45-46 (1991)). Norristown also seeks reimbursement of $35,522.49 in costs incurred after July 21, 2015 for services and retention of its non-court appointed experts. (Def.'s Mot. at 3-4.) Zeff opposes those costs and argues that there is no "verification as to the necessity, reasonability or requirement of those services." (Pls.' Opp. at 21-24.) The Court, while understanding that Norristown did what if felt necessary and appropriate to defend the case, nonetheless declines to award these additional costs and finds sufficient those costs which are compensable under Section 1920.
C.
The Court awards Norristown $29,166.00 in attorneys' fees and $4,351.99 in costs, for a total of $33,517.99. The Court takes no pleasure in issuing this Opinion or entering this award, but is confident that both reflect Section 1927's purposes and objectives. An appropriate order follows.
BY THE COURT:
/s/ Gerald J . Pappert
GERALD J. PAPPERT, J.
Appendix A. Fees.
| Initials | Date | HoursClaimed | Rate | Subtotal | ||
| SCG | 7/21/2015 | Additional preparation fordepositions, analyze evidence andissues of juvenile criminal records | 0.5 | 155 | $77.50 | |
| SCG | 7/21/2015 | Attend and represent insured atdeposition of Salima Hawthorne | 3.5 | 155 | $542.50 | |
| SCG | 7/21/2015 | Attend and represent insured atdeposition of Kalee Adger | 1.5 | 155 | $232.50 | |
| SCG | 7/21/2015 | Attend and represent insured atdeposition of Nikeen Flagg | 1.0 | 155 | $155.00 | |
| SCG | 7/21/2015 | Attend and represent insured atdeposition of Tasheen Overton (noshow) | 0.3 | 155 | $46.50 | |
| SCG | 7/22/2015 | Begin preparation ofcorrespondence to claim rep,discuss and analyze testimony ofSalima Hawthorne, strategy andstatus | 1.4 | 155 | $217.00 | |
| SCG | 7/23/2015 | Review case law regardingstandards for police pursuit cases | 0.3 | 155 | $46.50 | |
| SCG | 7/23/2015 | Complete correspondence to claimrep, discuss and analyze testimonyof Kalee Adger and strategy | 1.2 | 155 | $186.00 | |
| SCG | 7/24/2015 | Receive and analyzecorrespondence from plaintiff,discuss and analyze notice ofdeposition for chief of police | 0.1 | 155 | $15.50 | |
| SCG | 7/24/2015 | Receive and analyzecorrespondence from claim rep,discuss and analyze testimony andstrategy for case | 0.2 | 155 | $31.00 | |
| SCG | 7/24/2015 | Prepare correspondence to claimrep, [redacted] | 0.4 | 155 | $62.00 | |
| WFH | 7/23/2015 | Service of Subpoena - FredContino / Service of Subpoena toN. Fagg - Norristown / Service ofSubpoena to T. Overton -Norristown | 1 | 0 | 300 | $0.00 |
| MS | 7/27/2015 | Drafted Subpoenas to The PowellCenter for records of Plaintiff | 0.2 | 100 | $20.00 | |
| MS | 7/27/2015 | Prepared/issued 4 recordsubpoenas on Ameer Johnson | 0.3 | 100 | $30.00 | |
| SCG | 7/28/2015 | Telephone call with claim rep,discuss and analyze [redacted] | 0.2 | 155 | $31.00 | |
| SCG | 7/28/2015 | Receive and analyze Plaintiff'srule 30 b deposition request | 0.3 | 155 | $46.50 | |
| SCG | 7/28/2015 | Prepare for meeting with Chief ofPolice for deposition preparation,analyze evidence and potentialtopics | 0.3 | 155 | $46.50 | |
| SCG | 7/28/2015 | Attend meeting with Chief ofPolice for deposition preparation,analyze evidence and potentialtopics | 2.3 | 155 | $356.50 | |
| SCG | 7/29/2015 | Prepare correspondence toplaintiff, discuss and analyze rule30b6 notice for testimony | 0.2 | 155 | $31.00 | |
| SCG | 7/29/2015 | Receive and analyzecorrespondence from plaintiff,discuss and analyze notices ofdepositions for officers | 0.2 | 155 | $31.00 | |
| SCG | 7/30/2015 | Receive and analyzecorrespondence from attorney,discuss and analyze rule 30bnotice of testimony and request forChief | 0.2 | 155 | $31.00 | |
| SCG | 7/31/2015 | Analyze CVs of various experts inOrtho and Neuropysch and selectpotential experts for conductingIMEs of plaintiffs | 0.5 | 155 | $77.50 | |
| MS | 7/29/2015 | Drafted Subpoenas to St.Christopher's Hospital for recordsof Plaintiff | 0.2 | 100 | $20.00 | |
| MS | 7/29/2015 | Prepared / issued 8 subpoenas forAmeer Johnson | 0.7 | 100 | $70.00 | |
| WFH | 7/28/2015 | Local Travel at .575/mile - travelto / from Norristown P.D. forpreparation of Police Chief forDeposition | 44 | 0 | 0.575 | $0.00 |
| WFH | 7/29/2015 | Local Travel at .575/mile - travelto / from Phila for hearing withJudge at Federal Courthouse | 42 | 0 | 0.575 | $0.00 |
| WFH | 7/29/2015 | Parking - Phila | 1 | 0 | 16.00 | $0.00 |
| MS | 7/27/2015 | Drafted Subpoenas to EisenhowerSchool for records of Plaintiff | 0.2 | 100 | $20.00 | |
| MS | 7/27/2015 | Drafted Subpoenas to Dr. Gupta,Community Health andDevelopment for records ofPlaintiff | 0.2 | 100 | $20.00 | |
| MS | 7/27/2015 | Drafted Subpoenas to NorristownArea School District for records ofPlaintiff | 0.2 | 100 | $20.00 | |
| MS | 7/27/2015 | Drafted Subpoenas to Dr. Gupta,Community Health andDevelopment for records ofAmeer Johnson | 0.2 | 100 | $20.00 | |
| MS | 7/27/2015 | Drafted Subpoenas to CentralMontgomery MH/MR Center forrecords of Plaintiff | 0.2 | 100 | $20.00 | |
| MS | 8/4/2015 | Drafted Subpoenas to SocialSecurity Administration forrecords of Plaintiff | 0.2 | 100 | $20.00 | |
| MS | 7/29/2015 | Drafted Subpoenas to Dr. MichaelKwon for records of Plaintiff | 0.2 | 100 | $20.00 | |
| MS | 7/29/2015 | Drafted Subpoenas to Dr. Hermanfor records of Plaintiff | 0.2 | 100 | $20.00 | |
| MS | 7/29/2015 | Drafted Subpoenas to ProgressTherapy for records of Plaintiff | 0.2 | 100 | $20.00 | |
| MS | 7/29/2015 | Drafted Subpoenas to MSTTherapy Center for records ofPlaintiff | 0.2 | 100 | $20.00 | |
| MS | 7/29/2015 | Drafted Subpoenas to CentralMontgomery for records ofPlaintiff | 0.2 | 100 | $20.00 | |
| MS | 7/29/2015 | Drafted Subpoenas to Universityof Pennsylvania for records ofPlaintiff | 0.2 | 100 | $20.00 | |
| MS | 7/29/2015 | Drafted Subpoenas to MossRehabilitation Center for recordsof Plaintiff | 0.2 | 100 | $20.00 | |
| MS | 7/29/2015 | Drafted Subpoenas to EinsteinMoss Rehab for records ofPlaintiff | 0.2 | 100 | $20.00 | |
| MS | 7/29/2015 | Drafted Subpoenas to ConcussionClinic for records of Plaintiff | 0.2 | 100 | $20.00 | |
| MS | 7/29/2015 | Drafted Subpoenas to CentralMontgomery Psychiatry forrecords of Plaintiff | 0.2 | 100 | $20.00 |
| MS | 7/29/2015 | Drafted Subpoenas to Dr. Glassfor records of Plaintiff | 0.2 | 100 | $20.00 | |
| SCG | 8/4/2015 | Prepare correspondence toplaintiff attorney, discuss andanalyze Ameer Johnson depositionnotice | 0.2 | 155 | $31.00 | |
| SCG | 8/4/2015 | Prepare correspondence to Bailey,discuss and analyze depositionnotice | 0.2 | 155 | $31.00 | |
| SCG | 8/4/2015 | Receive and analyzecorrespondence from plaintiff,discuss and analyze Ameerunavailable to testify, potentialmedical issues precludingtestimony | 0.1 | 155 | $15.50 | |
| SCG | 8/4/2015 | Prepare email to plaintiff, discussand analyze need for medical noteregarding inability to testify andneed for conference with court todiscuss same | 0.3 | 155 | $46.50 | |
| SCG | 8/5/2015 | Telephone call with vocationalexpert Ford, [redacted] | 0.5 | 155 | $77.50 | |
| SCG | 8/5/2015 | Receive and analyzecorrespondence from attorney,discuss and analyze rule 30(6)(b)notice of deposition and testimonyof chief | 0.1 | 155 | $15.50 | |
| SCG | 8/5/2015 | Prepare correspondence to clients,[redacted] | 0.5 | 155 | $77.50 | |
| SCG | 8/5/2015 | Receive and analyze email fromattorney, discuss and analyze issueof testimony of Bailey and AmeerJohnson and conference with court | 0.5 | 155 | $77.50 | |
| MS | 8/4/2015 | Drafted a letter to Plaintiff'sattorney regarding a subpoena formedical records | 0.3 | 100 | $30.00 | |
| MS | 8/7/2015 | Receive and analyzecorrespondence from plaintiff,discuss and analyze conferencewith judge | 0.1 | 155 | $15.50 | |
| SCG | 8/7/2015 | Telephone call to judge's clerk,discuss and analyze conferencewith judge | 0.1 | 155 | $15.50 | |
| SCG | 8/7/2015 | Prepare correspondence to Judge,discuss and analyze conferenceand issues | 0.2 | 155 | $31.00 |
| SCG | 8/10/2015 | Receive and analyze court orderfor conference with judge | 0.1 | 155 | $15.50 | |
| SCG | 8/10/2015 | Telephone call from attorney,discuss and analyze testimony ofofficer witnesses | 0.2 | 155 | $31.00 | |
| SCG | 8/11/2015 | Additional preparation fordepositions of clients analyzeevidence and issues | 0.7 | 155 | $108.50 | |
| SCG | 8/11/2015 | Attend deposition of Lt. Dillon | 1.5 | 155 | $232.50 | |
| SCG | 8/11/2015 | Attend deposition of Chief Talbot | 0.8 | 155 | $124.00 | |
| SCG | 8/11/2015 | Attend deposition of CorporalBrooke | 2.0 | 155 | $310.00 | |
| SCG | 8/11/2015 | Attend deposition of CorporalBenson | 2.0 | 155 | $310.00 | |
| SCG | 8/11/2015 | Receive and analyzecorrespondence from Dillon;[redacted] | 0.5 | 155 | $77.50 | |
| SCG | 8/11/2015 | Conference call with Judge,discuss and analyze testimony ofAmeer Johnson and issues | 0.3 | 155 | $46.50 | |
| SCG | 8/11/2015 | Receive and analyzecorrespondence from Talbot,[redacted] | 0.2 | 155 | $31.00 | |
| SCG | 8/12/2015 | Attend deposition of Bailey, noshow | 0.4 | 155 | $62.00 | |
| SCG | 8/12/2015 | Prepare correspondence to claimrep, [redacted] | 1.2 | 155 | $186.00 | |
| SCG | 8/13/2015 | Prepare correspondence to expertStine, [redacted] | 0.3 | 155 | $46.50 | |
| MS | 8/11/2015 | Prepared the necessary documentsfor the IME of Dr. Ford | 2.1 | 100 | $210.00 | |
| MS | 8/12/2015 | Prepared documents for theupcoming IME of Dr. Mack | 2.1 | 100 | $210.00 | |
| MS | 8/13/2015 | Continued to prepare informationfor the upcoming IMEs | 3.1 | 100 | $310.00 | |
| SCG | 8/13/2015 | Review and analyze IME noticesprepared by paralegal [redacted] | 0.3 | 155 | $46.50 | |
| SCG | 8/13/2015 | Prepare motion to compeldeposition of Bailey and requestfor sanctions for failure to appear | 1.1 | 155 | $170.50 | |
| SCG | 8/13/2015 | Prepare correspondence to IMEvocational expert, [redacted] | 0.4 | 155 | $62.00 |
| SCG | 8/18/2015 | Receive and analyzecorrespondence from Center CityLegal Reproductions - , discussand analyze need forauthorizations of records forplaintiffs | 0.2 | 155 | $31.00 | |
| SCG | 8/18/2015 | Prepare correspondence toplaintiff attorney, discuss andanalyze need for authorizations ofrecords for plaintiffs | 0.2 | 155 | $31.00 | |
| SCG | 8/19/2015 | Conference with expert Ford,[redacted] | 0.4 | 155 | $62.00 | |
| SCG | 8/19/2015 | Receive and analyzecorrespondence from attorney,discuss and analyze additionalrecords requests and informationon Lt. Shannon | 0.3 | 155 | $46.50 | |
| SCG | 8/19/2015 | Prepare correspondence to client,[redacted] | 0.4 | 155 | $62.00 | |
| WFH | 8/19/2015 | Deposition transcript - DiamondCourt Reporting / Depositions ofDaquan Bailey - no show /invoice | 1 | 0 | 100 | $0.00 |
| SCG | 8/20/2015 | Telephone call with Lt. Shannon,[redacted] | 0.4 | 155 | $62.00 | |
| SCG | 8/20/2015 | Prepare correspondence to client,[redacted] | 0.4 | 155 | $62.00 | |
| SCG | 8/20/2015 | Receive and analyze email from LtDillon, [redacted] | 0.3 | 155 | $46.50 | |
| SCG | 8/21/2015 | Receive and analyzecorrespondence from Dillon,[redacted] | 2.8 | 155 | $434.00 | |
| SCG | 8/25/2015 | Receive and analyze plaintiff'snotice of deposition for testimonyof Officer Robinson | 0.2 | 155 | $31.00 | |
| SCG | 8/24/2015 | Prepare correspondence toplaintiff, discuss and analyzeadditional documents responsiveto requests for incident reports forpolice pursuits | 0.4 | 155 | $62.00 | |
| MS | 8/24/2015 | Prepared the necessary documentsto send out to the doctor regardingan upcoming IME | 1.1 | 100 | $110.00 | |
| MS | 8/25/2015 | Prepared the necessarytransportation for the Plaintiff's togo to the IMEs | 0.6 | 100 | $60.00 |
| SCG | 8/25/2015 | Complete preparation ofcorrespondence to plaintiff,discuss and analyze informationon contact with Lt. Shannon | 0.2 | 155 | $31.00 | |
| SCG | 8/25/2015 | Prepare correspondence to Dr.Yucha, [redacted] | 0.5 | 155 | $77.50 | |
| SCG | 8/25/2015 | Prepare correspondence to Dr.Mack, [redacted] | 0.6 | 155 | $93.00 | |
| SCG | 8/25/2015 | Prepare correspondence toplaintiff, discuss and analyze IMEnotices and status of case,testimony of Johnson | 0.3 | 155 | $46.50 | |
| SCG | 8/27/2015 | Receive and analyzecorrespondence from plaintiff,discuss and analyze releases formedical records requested | 0.2 | 155 | $31.00 | |
| SCG | 8/28/2015 | Telephone call from claim rep,[redacted] | 0.1 | 155 | $15.50 | |
| SCG | 8/28/2015 | Prepare for correspondence toattorney, discuss and analyzetestimony of Ameer | 0.2 | 155 | $31.00 | |
| SCG | 9/1/2015 | Prepare for deposition of AmeerJohnson, analyze evidence andquestions | 0.8 | 155 | $124.00 | |
| SCG | 9/1/2015 | Meeting with Officer Robinson[redacted] | 0.5 | 155 | $77.50 | |
| SCG | 9/1/2015 | Attend deposition of OfficerRobinson | 0.8 | 155 | $124.00 | |
| SCG | 9/1/2015 | Attend deposition of AmeerJohnson | 1.7 | 155 | $263.50 | |
| SCG | 9/2/2015 | Prepare correspondence to claimrep, [redacted] | 0.6 | 155 | $93.00 | |
| SCG | 9/2/2015 | Prepare correspondence to expertStine [redacted] | 0.2 | 155 | $31.00 | |
| MS | 9/2/2015 | Analyze and Review thedeposition of Nikeen Flagg inpreparation of a summary | 1.9 | 100 | $190.00 | |
| MS | 9/3/2015 | Analyze and Review thedeposition of Salima Hawthorne inpreparation of page & line | 3.1 | 100 | $310.00 | |
| SCG | 9/3/2015 | Prepare correspondence toNeuropsych, [redacted] | 0.3 | 155 | $46.50 | |
| SCG | 9/3/2015 | Prepare correspondence toVocational Expert for Ameer[redacted] | 0.2 | 155 | $31.00 |
| SCG | 9/8/2015 | Telehpone call from expert Mack,[redacted] | 0.3 | 155 | $46.50 | |
| SCG | 9/9/2015 | Receive and analyze records ofProgress PT for Kalee Adger | 0.4 | 155 | $62.0 | |
| SCG | 9/9/2015 | Receive and analyzecorrespondence from Dr. Mack,[redacted] | 0.3 | 155 | $46.50 | |
| SCG | 9/9/2015 | Receive and analyze NorristownSchool District records for AmeerJohnson | 0.8 | 155 | $124.00 | |
| SCG | 9/9/2015 | Prepare correspondence to IMEdoctor Yucha, [redacted] | 0.3 | 155 | $46.50 | |
| MS | 9/8/2015 | Analyzed the deposition of KaleeAdger in preparation of adeposition summary | 2.1 | 100 | $210.00 | |
| MS | 9/9/2015 | Drafted a revised Notice of anIME for Ameer Johnson | 0.3 | 100 | $30.00 | |
| MS | 9/9/2015 | Analyzed / Reviewed thedeposition of Kalee Adger inpreparation of a depositionsummary | 1.1 | 100 | $110.00 | |
| MS | 9/10/2015 | Analyzed / Reviewed thedeposition of Salima Hawthorne inpreparation of a depositionsummary | 3.1 | 1.0 | 100 | $100.00 |
| MS | 9/11/2015 | Analyzed / Reviewed Depositionof Lt. Todd Dillon in preparationof a deposition summary | 1.1 | 1.0 | 100 | $100.00 |
| SCG | 9/11/2015 | Conference with counsel forplaintiff regarding status of case | 0.2 | 155 | $31.00 | |
| SCG | 9/11/2015 | Prepare correspondence to expertStine, [redacted] | 0.4 | 155 | $62.00 | |
| SCG | 9/17/2015 | Receive and analyzecorrespondence from Lt. Dillon,[redacted] | 0.3 | 155 | $46.50 | |
| SCG | 9/16/2015 | Receive and analyzecorrespondence from Lt. Dillon,[redacted] | 0.4 | 155 | $62.00 | |
| SCG | 9/16/2015 | Receive and analyzecorrespondence from Lt. Dillon,[redacted] | 1.2 | 155 | $186.00 | |
| SCG | 9/16/2015 | Prepare correspondence toplaintiff, discuss and analyze priorpursuit policies | 0.2 | 155 | $31.00 |
| SCG | 9/17/2015 | Receive and analyzecorrespondence from attorney,discuss and analyze release forpsychologist treatment records | 0.1 | 155 | $15.50 | |
| SCG | 9/17/2015 | Prepare correspondence to CenterCity Legal Reproductions - ,discuss and analyze release forpsychologist treatment records | 0.2 | 155 | $31.00 | |
| SCG | 9/18/2015 | Telephone call from expert Dr.Mack, [redacted] | 0.4 | 155 | $62.00 | |
| SCG | 9/21/2015 | Receive and analyzecorrespondence from plaintiff,discuss and analyze authorizationfor Disability Care Managementrecords | 0.1 | 155 | $15.50 | |
| SCG | 9/21/2015 | Prepare correspondence to CenterCity Legal Reproductions, discussand analyze authorization forDisability Care Managementrecords | 0.1 | 155 | $15.50 | |
| SCG | 9/22/2015 | Telephone call from Center CityLegal Reproductions, discuss andanalyze authorization | 0.1 | 155 | $15.50 | |
| MS | 9/21/2015 | Analyze / Reviewed the depositionof Salima Hawthorne inpreparation of a depositionsummary | 1.1 | 1.0 | 100 | $100.00 |
| MS | 9/22/2015 | Analyze / Reviewed the depositionof Salima Hawthorne inpreparation of a depositiontestimony | 3.9 | 2.0 | 100 | $200.00 |
| SCG | 9/22/2015 | Receive and analyze email fromplaintiff, discuss and analyzerequest for conference call | 0.1 | 155 | $15.50 | |
| SCG | 9/22/2015 | Telephone call from plaintiff,discuss and analyze status of case,discovery, potential demand andpotential request to judge forsubmission of liability issues tojudge | 0.5 | 155 | $77.50 | |
| MS | 9/23/2015 | Analyzed / Reviewed thedeposition of Lieutenant ToddDillon in preparation of adeposition summary | 3.3 | 1.2 | 100 | $120.00 |
| MS | 9/23/2015 | Analyzed / Reviewed thedeposition of Lieutenant ChiefMark Tallbottom in preparation ofa deposition summary | 0.9 | 100 | $90.00 | |
| SCG | 9/25/2015 | Receive and analyzecorrespondence from Lt. Dilon:[redacted] | 0.2 | 155 | $31.00 | |
| MS | 9/24/2015 | Analyzed / Reviewed thedeposition of Corporal JosephBenson in preparation of adeposition summary | 3.7 | 100 | $370.00 | |
| MS | 9/25/2015 | Analyzed / reviewed thedeposition of Corporal DavidBrookes in preparation for adeposition summary | 3.1 | 100 | $310.00 | |
| SCG | 9/21/2015 | Expert Witness Fee - PremierOrthopedics / IME / Kalee Adger | 1 | 0 | 250 | $0.00 |
| SCG | 9/28/2015 | Receive and analyzecorrespondence from Center CityLegal Reproductions - , discussand analyze needed authorizationfor records | 0.1 | 155 | $15.50 | |
| SCG | 9/28/2015 | Begin preparation of statement ofmaterial facts for motion forsummary judgment | 1.0 | 1 | 155 | $155.00 |
| SCG | 9/30/2015 | Receive and analyze testimonydigests of witnesses and review forevidence to present for Motion forSummary Judgment Statement ofMaterial facts | 1.0 | 155 | $155.00 | |
| SCG | 9/30/2015 | Continue preparation of Motionfor Summary Judgment Statementof Material facts | 0.9 | 0 | 155 | $0.00 |
| SCG | 10/1/2015 | Continue preparation of Statementof Material Facts for Motion forSummary Judgment | 1.8 | 1 | 155 | $155.00 |
| SCG | 10/2/2015 | Complete draft of statement ofmaterial facts for Motion forSummary Judgment | 1.6 | 1 | 155 | $155.00 |
| SCG | 10/2/2015 | Begin preparation of memo of lawfor motion for summary judgment | 1.9 | 1 | 155 | $155.00 |
| SCG | 10/5/2015 | Telephone call from Dr. Mack,[redacted] | 0.3 | 155 | $46.50 | |
| SCG | 10/5/2015 | Receive and analyzecorrespondence from DPW,discuss and analyze lien | 0.2 | 155 | $31.00 |
| SCG | 10/5/2015 | Prepare correspondence to claimrep [redacted] | 0.2 | 155 | $31.00 | |
| SCG | 10/5/2015 | Continue preparation of Motionfor Summary Judgment and memoof law | 2.2 | 1 | 155 | $155.00 |
| SCG | 10/6/2015 | Telephone call to court reporter,discuss and analyze testimonytranscripts | 0.1 | 155 | $15.50 | |
| SCG | 10/6/2015 | Receive and analyze records fromCentral Montgomery MR MHfacility and conduct preliminaryreview | 0.3 | 155 | $46.50 | |
| SCG | 10/6/2015 | Prepare correspondence to Dr.Mack, [redacted] | 0.4 | 155 | $62.00 | |
| SCG | 10/6/2015 | Telephone call from claim rep,[redacted] | 0.2 | 155 | $31.00 | |
| SCG | 10/6/2015 | Continue preparation of argumentfor memo of law for Motion forSummary Judgment | 3.2 | 2 | 155 | $310.00 |
| MS | 10/6/2015 | Analyzed medical records fromCentral Montgomery MH / MR ofAmeer Johnson in preparation of amedical record summary | 3.3 | 100 | $330.00 | |
| SCG | 10/7/2015 | Prepare correspondence to expertStine, [redacted] | 0.4 | 155 | $62.00 | |
| SCG | 10/7/2015 | Receive and analyzecorrespondence from expert Stine,[redacted] | 0.1 | 155 | $15.50 | |
| SCG | 10/7/2015 | Prepare correspondence to claimrep, [redacted] | 0.4 | 155 | $62.00 | |
| SCG | 10/7/2015 | Prepare correspondence tovocational expert, [redacted] | 0.3 | 155 | $46.50 | |
| SCG | 10/7/2015 | Prepare correspondence toplaintiff, discuss and analyzeexpert ortho report on Adger | 0.2 | 155 | $31.00 | |
| SCG | 10/7/2015 | Continue preparation of memo oflaw argument for Motion forSummary Judgment | 4.2 | 155 | $651.00 | |
| SCG | 10/8/2015 | Receive and analyzecorrespondence from courtreporter, discuss and analyzetranscripts from testimony ofAmeer Johnson and OfficerRobinson | 0.2 | 155 | $31.00 |
| SCG | 10/8/2015 | Continue preparation of memo oflaw for Motion for SummaryJudgment | 4.6 | 3 | 155 | $465.00 |
| SCG | 10/8/2015 | Telephone call from Ian at JudgeCaracappa's chambers, discussand analyze settlement conference | 0.2 | 155 | $31.00 | |
| SCG | 10/8/2015 | Prepare correspondence to Stine,expert, [redacted] | 0.2 | 155 | $31.00 | |
| SCG | 10/8/2015 | Receive and analyzecorrespondence from expert Ford,[redacted] | 0.2 | 155 | $31.00 | |
| MS | 10/13/2015 | Analyzed / reviewed thedeposition of Sargent CarlRobinson in preparation ofdeposition summary | 3.1 | 100 | $310.00 | |
| MS | 10/13/2015 | Reviewed the complaint to findwhere the plaintiff fell to see ifthere is a common walkwayeasement | 0.6 | 0 | 100 | $0.00 |
| MS | 10/13/2015 | Analyzed / reviewed deposition ofAmeer Johnson in preparation of adeposition summary | 0.9 | 100 | $90.00 | |
| MS | 10/14/2015 | Analyzed / reviewed deposition ofAmeer Johnson in preparation of adeposition summary | 2.9 | 100 | $290.00 | |
| SCG | 10/14/2015 | Prepare correspondence to Dr.Mack, [redacted] | 0.1 | 155 | $15.50 | |
| SCG | 10/14/2015 | Prepare correspondence tovocational expert Ford, [redacted] | 0.2 | 155 | $31.00 | |
| MS | 10/16/2015 | Analyzed / reviewed pages 1through 200 of medical recordsfrom University of Penn Hospitalof the Plaintiff in preparation of amedical record summary | 3.1 | 100 | $310.00 | |
| SCG | 10/16/2015 | Review digest of testimony ofAmeer Johnson and OfficerRobinson for Motion for SummaryJudgment, select portions requiredfor statement of material facts | 0.7 | 155 | $108.50 | |
| SCG | 10/16/2015 | Continue preparation of Motionfor Summary Judgment | 3.1 | 2 | 155 | $310.00 |
| SCG | 10/16/2015 | Receive and analyze additionalrecords from Moss Rehab forAmeer | 0.2 | 155 | $31.00 | |
| SCG | 10/16/2015 | Prepare correspondence to experts,[redacted] | 0.2 | 155 | $31.00 |
| SCG | 10/16/2015 | Pay to: Zeff Law Firm /Reimbursement for transportationof Ameer to evaluation (to &from) | 1 | 0 | 118.54 | $0.00 |
| SCG | 10/16/2015 | Reproduction Services from -Center City Legal Reproductions -Medical Records from ProgressPhysical therapy for Kalee Adger.Medical records from ConcussionClinic, Univ of PA (Radiology),Jefferson Univ Hosp for AmeerJohnson. Student records fromNorristown SD for AmeerJohnson. Student records fromEisenhower School, Powell CenterRecords for Kalee Adger. invoice462408 | 1 | 494.96 | $0.00 | |
| MS | 10/19/2015 | Continued to Analyze / reviewmedical records from Universityof Pennsylvania of Plaintiff inpreparation of a medical recordsummary | 2.1 | 100 | $210.00 | |
| SCG | 10/19/2015 | Receive and analyzecorrespondence from expert Stine,[redacted] | 0.7 | 155 | $108.50 | |
| SCG | 10/19/2015 | Prepare correspondence to expertStine, [redacted] | 0.3 | 155 | $46.50 | |
| SCG | 10/19/2015 | Receive and analyze final expertreport from Stine | 0.4 | 155 | $62.00 | |
| SCG | 10/19/2015 | Prepare correspondence to claimrep, [redacted] | 0.3 | 155 | $46.50 | |
| SCG | 10/19/2015 | Prepare correspondence toattorney, discuss and analyzeexpert report from Stine | 0.1 | 155 | $15.50 | |
| SCG | 10/19/2015 | Continue preparation of Motionfor Summary Judgment and memoof law | 0.7 | 0 | 155 | $0.00 |
| MS | 10/20/015 | Analyze / reviewed volume 2, 590pages of medical records fromUniversity of Pen hospital ofAmeer Johnson in preparation ofmedical record summary | 2.1 | 100 | $210.00 |
| MS | 10/20/2015 | Analyze / reviewed medicalrecords from Moss Rehab -Drucker Brain Injury Center ofAmeer Johnson in preparation ofmedical record summary | 1.1 | 100 | $110.00 | |
| MS | 10/20/2015 | Analyze / reviewed medicalrecords from Moss Rehab Centerfor Ameer Johnson in preparationof medical record summary | 2.1 | 100 | $210.00 | |
| SCG | 10/20/2015 | Continue preparation of Motionfor Summary Judgment, selectionand insertion of exhibit references | 2.0 | 1 | 155 | $155.00 |
| MS | 10/21/2015 | Continued to Analyze / reviewedmedical record from Moss RehabCenter - Volume 1 of 2 of AmeerJohnson in preparation of amedical record summary | 3.3 | 100 | $330.00 | |
| SCG | 10/21/2015 | Receive and analyzecorrespondence from attorney,discuss and analyze subpoena onBailey probation officer seekinglocation | 0.3 | 155 | $46.50 | |
| SCG | 10/21/2015 | Receive and analyzecorrespondence from expert Ford,[redacted] | 0.5 | 155 | $77.50 | |
| SCG | 10/21/2015 | Prepare correspondence to expertFord, [redacted] | 0.2 | 155 | $31.00 | |
| SCG | 10/26/2015 | Receive and analyze final reportfrom Expert Ford | 0.4 | 155 | $62.00 | |
| SCG | 10/26/2015 | Prepare correspondence toattorney, discuss and analyzeexpert report of Ford | 0.2 | 155 | $31.00 | |
| SCG | 10/26/2015 | Prepare correspondence to claimrep, [redacted] | 0.4 | 155 | $62.00 | |
| SCG | 10/26/2015 | Receive and analyzecorrespondence from court,discuss and analyze order againstBailey | 0.1 | 155 | $15.50 | |
| SCG | 10/26/2015 | Prepare correspondence to Bailey,discuss and analyze court orderand deposition and discovery | 0.3 | 155 | $46.50 | |
| SCG | 10/27/2015 | Receive and analyzecorrespondence from plaintiff,discuss and analyze notice toBailey probation officer | 0.2 | 155 | $31.00 |
| SCG | 10/27/2015 | Continue preparation of Motionfor Summary Judgment and memoof law, complete argument andreferences to record | 3.8 | 3 | 155 | $465.00 |
| MS | 10/26/2015 | Analyzed / reviewed medicalrecords from Moss Rehab Volume2 of 2 of the Plaintiff inpreparation of a medical recordsummary | 1.6 | 100 | $160.00 | |
| MS | 10/27/2015 | Continued to analyze / reviewmedical records from Moss RehabVolume 2 of 2 of the Plaintiff inpreparation of a medical recordsummary | 2.6 | 100 | $260.00 | |
| SCG | 10/28/2015 | Continue preparation of Motionfor Summary Judgment and memoof law with references to record,conclusion and added argumentregarding Stine expert report | 0.7 | 0 | 155 | $0.00 |
| SCG | 10/28/2015 | Receive and analyzecorrespondence from Dr. Mack,[redacted] | 0.2 | 155 | $31.00 | |
| SCG | 10/28/2015 | Prepare correspondence to claimrep [redacted] | 0.2 | 155 | $31.00 | |
| SCG | 10/28/2015 | Telephone call from claim rep,[redacted] | 0.1 | 155 | $15.50 | |
| SCG | 10/29/2015 | Receive and analyzecorrespondence from claim rep,[redacted] | 0.3 | 155 | $46.50 | |
| SCG | 10/30/2015 | Prepare for potential deposition ofBailey, analyze evidence andquestions | 0.5 | 155 | $77.50 | |
| SCG | 10/30/2015 | Attend deposition of Bailey, noshow | 0.4 | 155 | $62.00 | |
| SCG | 10/30/2015 | Prepare email to attorneyregarding Bailey no show atdeposition | 0.1 | 155 | $15.50 | |
| SCG | 11/3/2015 | Complete Motion for SummaryJudgment and memo of law withexhibit selection | 2.2 | 2 | 155 | $310.00 |
| SCG | 11/3/2015 | Prepare correspondence to judge,discuss and analyze Motion forSummary Judgment | 0.2 | 155 | $31.00 | |
| MAR | 11/11/2015 | Reviewed & exchanged emails[redacted] | 0.2 | 155 | $31.00 |
| SCG | 11/16/2015 | Prepare correspondence to claimrep, [redacted] | 0.3 | 155 | $46.50 | |
| SCG | 11/16/2015 | Telephone call from Bailey,discuss and analyze evidence,issues and need for deposition | 0.4 | 155 | $62.00 | |
| SCG | 11/16/2015 | Prepare email and receive replyfrom plaintiff attorney regardingcontact with Bailey, status of caseand Motion for SummaryJudgment | 0.6 | 155 | $93.00 | |
| SCG | 11/16/2015 | Prepare correspondence to Bailey,discuss and analyze depositiontestimony | 0.2 | 155 | $31.00 | |
| SCG | 11/17/2015 | Deposition transcript - MediaCourt Reporting / Deposition -statement of Counsel - noappearance of Defendant Bailey /invoice 12105 | 1 | 123.50 | $0.00 | |
| SCG | 11/30/2015 | Receive and analyzecorrespondence from plaintiff,discuss and analyze request foradditional time to respond toMotion for Summary Judgment | 0.2 | 155 | $31.00 | |
| SCG | 11/30/2015 | Receive and analyzecorrespondence from court,discuss and analyze granting ofrequest for additional time torespond to Motion for SummaryJudgment | 0.1 | 155 | $15.50 | |
| SCG | 12/3/2015 | Receive and analyzecorrespondence from plaintiff tojudge, discuss and analyze requestfor additional time to respond toMotion for Summary Judgmentpending testimony of Bailey | 0.2 | 155 | $31.00 | |
| SCG | 12/8/2015 | Telephone call from attorney,discuss and analyze request forextension to Motion for SummaryJudgment response | 0.1 | 155 | $15.50 | |
| SCG | 12/10/2015 | Receive and analyzecorrespondence from plaintiffregarding deposition of Bailey | 0.1 | 155 | $15.50 |
| SCG | 12/10/2015 | Receive and analyzecorrespondence from plaintiff tojudge, discuss and analyze requestfor extension for response toMotion for Summary Judgment | 0.1 | 155 | $15.50 | |
| SCG | 12/10/2015 | Prepare for deposition of Bailey,analyze evidence and issues | 0.4 | 155 | $62.00 | |
| SCG | 12/10/2015 | Attend deposition of Bailey, noshow | 0.4 | 155 | $62.00 | |
| SCG | 12/11/2015 | Prepare correspondence to claimrep, [redacted] | 0.1 | 155 | $15.50 | |
| SCG | 12/11/2015 | Receive and analyzecorrespondence from court,discuss and analyze order grantingplaintiff additional time to respondto Motion for Summary Judgment | 0.1 | 155 | $15.50 | |
| SCG | 12/15/2015 | Receive and analyze plaintiff'sresponse to Motion for SummaryJudgment | 0.9 | 155 | $139.50 | |
| SCG | 12/15/2015 | Prepare correspondence to claimrep, [redacted] | 0.3 | 155 | $46.50 | |
| SCG | 12/18/2015 | Receive and analyze court ordersealing documents on docket | 0.1 | 155 | $15.50 | |
| SCG | 12/30/2015 | Deposition transcript - Diamondcourt Reporting / Attendance feefor appearing for Deposition of DBailey & prepared Statement onrecord / invoice 14095 | 1 | 108 | $0.00 | |
| SCG | 1/5/2016 | Receive and analyze court orderregarding oral argument | 0.1 | 155 | $15.50 | |
| SCG | 1/5/2016 | Prepare correspondence to court,discuss and analyze oral argumentrequest for continuance | 0.2 | 155 | $31.00 | |
| SCG | 1/5/2016 | Prepare correspondence to claimrep, [redacted] | 0.2 | 155 | $31.00 | |
| SCG | 1/5/2016 | Telephone call from Court, discussand analyze oral argument | 0.2 | 155 | $31.00 | |
| SCG | 1/5/2016 | Telephone call to and fromattorney, discuss and analyze oralargument | 0.3 | 155 | $46.50 | |
| SCG | 1/6/2016 | Begin preparation for oralargument, review dash cam videoand case law | 0.6 | 155 | $93.00 |
| SCG | 1/6/2016 | Receive and analyzecorrespondence from court,discuss and analyze amendedorder regarding change of oralargument | 0.1 | 155 | $15.50 | |
| SCG | 1/6/2016 | Prepare correspondence to claimrep, [redacted] | 0.2 | 155 | $31.00 | |
| SCG | 1/6/2016 | Telephone call from claim rep,[redacted] | 0.2 | 155 | $31.00 | |
| SCG | 1/6/2016 | Prepare email to attorney andreceive reply, discuss and analyzeamended order regarding changeof oral argument and potentialpostponement of other trialdeadlines | 0.2 | 155 | $31.00 | |
| SCG | 1/6/2016 | Prepare correspondence to court,discuss and analyze amendedorder regarding change of oralargument and potentialpostponement of other trialdeadlines | 0.3 | 155 | $46.50 | |
| SCG | 1/6/2016 | Prepare draft of pre-trialmemorandum | 3.0 | 155 | $465.00 | |
| SCG | 1/11/2016 | Begin preparation of juryinstructions for pre-trial | 2.3 | 155 | $356.50 | |
| SCG | 1/11/2016 | Begin preparation of voir dire forpre-trial | 0.5 | 155 | $77.50 | |
| SCG | 1/7/2016 | Reproduction Service from -Center City Legal Reproductions -Medical Records from DisabilityCare Mgt / invoice 472041 | 1 | 30 | $0.00 | |
| SCG | 1/12/2016 | Conference call with judge andcounsel regarding Motion forSummary Judgment oral argumentand trial issues | 0.5 | 155 | $77.50 | |
| SCG | 1/12/2016 | Receive and analyzecorrespondence from court,discuss and analyze request forconference | 0.1 | 155 | $15.50 | |
| SCG | 1/12/2016 | Receive and analyzecorrespondence from attorney,discuss and analyze reply tocourt's request for conference | 0.1 | 155 | $15.50 | |
| SCG | 1/12/2016 | Prepare correspondence to court,discuss and analyze reply tocourt's request for conference | 0.1 | 155 | $15.50 |
| SCG | 1/12/2016 | Receive and analyze email andcourt order from court regardingconference | 0.1 | 155 | $15.50 | |
| SCG | 1/12/2016 | Prepare draft of proposed verdictsheet | 0.5 | 155 | $77.50 | |
| SCG | 1/13/2016 | Receive and analyzecorrespondence from claim rep,[redacted] | 0.1 | 155 | $15.50 | |
| SCG | 1/13/2016 | Receive and analyze court orderregarding conference and trialassignment | 0.1 | 155 | $15.50 | |
| SCG | 1/13/2016 | Complete pre-trial memo requiredby court | 0.6 | 155 | $93.00 | |
| SCG | 1/13/2016 | Prepare correspondence to claimrep [redacted] | 0.4 | 155 | $62.00 | |
| SCG | 1/13/2016 | Prepare correspondence to clients,[redacted] | 0.4 | 155 | $62.00 | |
| SCG | 1/13/2016 | Prepare for oral argument onMotion for Summary Judgment,analyze evidence and case law | 3.0 | 155 | $465.00 | |
| MS | 1/13/2016 | Analyze / review medical recordsfrom Medical Rehab Center of PAof Plaintiff in preparation of amedical record summary | 1.9 | 100 | $190.00 | |
| SCG | 1/14/2016 | Receive and analyzecorrespondence form claim rep,[redacted] | 0.3 | 155 | $46.50 | |
| SCG | 1/14/2016 | Receive and analyzecorrespondence from client,[redacted] | 0.2 | 155 | $31.00 | |
| SCG | 1/14/2016 | Prepare correspondence to claimrep [redacted] | 0.1 | 155 | $15.50 | |
| SCG | 1/14/2016 | Prepare correspondence to Dr.Yucha, [redacted] | 0.2 | 155 | $31.00 | |
| SCG | 1/17/2016 | Prepare for oral argument, reviewand analyze plaintiff's response tomotion and arguments | 1.2 | 155 | $186.00 | |
| SCG | 1/18/2016 | Telephone call with plaintiffregarding potential resolution | 0.2 | 155 | $31.00 | |
| SCG | 1/18/2016 | Prepare correspondence to claimrep, [redacted] | 0.2 | 155 | $31.00 | |
| SCG | 1/18/2016 | Prepare for oral argument onMotion for Summary Judgment,analyze and prepare outline ofargument | 3.4 | 155 | $527.00 |
| SCG | 1/18/2016 | Prepare for oral argument onMotion for Summary Judgment,prepare case summary list | 1.1 | 155 | $170.50 | |
| SCG | 1/18/2016 | Receive and analyze plaintiff'spre-trial memo | 0.5 | 155 | $77.50 | |
| SCG | 1/11/2016 | Deposition transcript - FerrignoCourt Reporting / Depositions ofAmeer Johnson & Carl Robinson /invoice of 150902 | 1 | 0 | 375.90 | $0.00 |
| SCG | 1/19/2016 | Begin preparation of questions fortrial for Officers | 1.0 | 155 | $155.00 | |
| SCG | 1/19/2016 | Receive and analyzecorrespondence form claim rep,[redacted] | 0.1 | 155 | $15.50 | |
| SCG | 1/19/2016 | Receive and analyzecorrespondence from court,discuss and analyze location oforal argument | 0.1 | 155 | $15.50 | |
| SCG | 1/19/2016 | Additional preparation for oralargument, analyze case law andlegal issues and arguments | 2.5 | 155 | $387.50 | |
| SCG | 1/19/2016 | Travel and attend extensive oralargument on Motion for SummaryJudgment | 4.6 | 155 | $713.00 | |
| SCG | 1/20/2016 | Review and analyze recentSupreme Court case Plumoff v.Rickard for potential juryinstruction | 0.4 | 155 | $62.00 | |
| SCG | 1/20/2016 | Receive and analyzecorrespondence from attorney,discuss and analyze pre-trialconference | 0.1 | 155 | $15.50 | |
| SCG | 1/20/2016 | Prepare correspondence toattorney, discuss and analyze pre-trial conference | 0.1 | 155 | $15.50 | |
| SCG | 1/20/2016 | Prepare correspondence to court,discuss and analyze pre-trialconference | 0.2 | 155 | $31.00 | |
| SCG | 1/20/2016 | Prepare correspondence to claimrep [redacted] | 0.7 | 155 | $108.50 | |
| SCG | 1/20/2016 | Continue preparation of questionsfor officers for trial | 3.0 | 155 | $465.00 | |
| SCG | 1/21/2016 | Prepare correspondence to IMEdoctor, [redacted] | 0.1 | 155 | $15.50 | |
| SCG | 1/21/2016 | Telephone call with expert Stine[redacted] | 0.2 | 155 | $31.00 |
| SCG | 1/21/2016 | Telephone call with claim rep,[redacted] | 0.3 | 155 | $46.50 | |
| SCG | 1/21/2016 | Receive and analyze court orderwith modified trial schedule | 0.1 | 155 | $15.50 | |
| SCG | 1/21/2016 | Prepare correspondence to clients,[redacted] | 0.1 | 155 | $15.50 | |
| SCG | 1/22/2016 | Continue preparation for trial withquestions for Lt. Dillon | 0.6 | 155 | $93.00 | |
| SCG | 1/22/2016 | Begin preparation of trialquestions for Kalee Adger | 1.3 | 155 | $201.50 | |
| SCG | 1/26/2016 | Complete draft questions for trialfor Kalee Adger | 2.1 | 155 | $325.50 | |
| SCG | 1/26/2016 | Complete draft questions for trialfor Ameer Johnson | 2.4 | 155 | $372.00 | |
| SCG | 1/26/2016 | Receive and analyzecorrespondence from court,discuss and analyze order forconference | 0.1 | 155 | $15.50 | |
| SCG | 1/26/2016 | Prepare correspondence toattorney regarding order forconference | 0.1 | 155 | $15.50 | |
| SCG | 1/19/2016 | Local Travel at .54/mile - travel to/ from Federal Court in Phila forOral argument | 44 | 0 | 0.54 | $0.00 |
| SCG | 1/27/2016 | Receive and analyzecorrespondence from claim rep[redacted] | 0.4 | 155 | $62.00 | |
| SCG | 1/30/2016 | Prepare for doctor trial depositionof Yucha, prepare questions andanalyze evidence | 2.0 | 155 | $310.00 | |
| SCG | 2/1/2016 | Begin trial questions for SalimaHawthorne | 0.6 | 155 | $93.00 | |
| SCG | 2/1/2016 | Continue preparation of trialquestions for Ameer Johnson | 2.3 | 155 | $356.50 | |
| SCG | 2/1/2016 | Telephone call from claim rep,[redacted] | 0.1 | 155 | $15.50 | |
| SCG | 2/2/2016 | Continue trial prepared questionsfor Salima Hawthorne | 1.7 | 155 | $263.50 | |
| SCG | 2/2/2016 | Conference call initiated by Judge,discuss and analyze dismissal ofcase | 0.2 | 155 | $31.00 | |
| SCG | 2/2/2016 | Telephone call to claim rep[redacted] | 0.2 | 155 | $31.00 | |
| SCG | 2/2/2016 | Prepare email to plaintiff, discussand analyze rescission of offer | 0.1 | 155 | $15.50 | |
| SCG | 2/2/2016 | Prepare email to clients, [redacted] | 0.4 | 155 | $62.00 |
| SCG | 2/2/2016 | Receive and analyzecorrespondence from clients,[redacted] | 0.2 | 155 | $31.00 | |
| SCG | 2/2/2016 | Prepare email to expert Stine,[redacted] | 0.1 | 155 | $15.50 | |
| SCG | 2/4/2016 | Receive and analyzecorrespondence from Stine,[redacted] | 0.1 | 155 | $15.50 | |
| SCG | 2/5/2016 | Receive and analyze court opinionand order granting Motion forSummary Judgment | 0.7 | 155 | $108.50 | |
| SCG | 2/5/2016 | Receive and analyze court orderregarding potential sanctionsagainst plaintiff attorney | 0.3 | 155 | $46.50 | |
| SCG | 2/5/2016 | Prepare correspondence to claimrep and clients, [redacted] | 0.3 | 155 | $46.50 | |
| SCG | 2/8/2016 | Telephone call from claim rep,[redacted] | 0.3 | 155 | $46.50 | |
| SCG | 2/5/2016 | Reproduction Services from -Center City Legal Reproductions -Medical records from Moss RehabHosp / invoice 473641 | 1 | 0 | 54.50 | $0.00 |
| SCG | 2/23/2016 | Receive and analyze email fromcourt, discuss and analyze locationof hearing for potential sanctionsagainst plaintiff | 0.1 | 155 | $15.50 | |
| SCG | 2/23/2016 | Receive and analyzecorrespondence to attorney forplaintiff attorney, discuss andanalyze representation forpotential sanctions against counsel | 0.2 | 155 | $31.00 | |
| SCG | 2/24/2016 | Prepare email to claim rep,[redacted] | 0.3 | 155 | $46.50 | |
| SCG | 2/24/2016 | Prepare timeline for sanctionshearing on issues of presentationof video | 0.6 | 155 | $93.00 | |
| SCG | 2/24/2016 | Travel and attend sanctionshearing against counsel | 3.0 | 155 | $465.00 | |
| Total: $29,166.00 |
|---|
The "Narrative" column is a transcription of Holsten and Associates' time entry descriptions. (Def.'s Mot., Ex. H at 11-53.)
This column lists the Court's downward revisions, if any, to the hours claimed. --------
Appendix B. Costs.
Date Narrative Citation Cost 7/12/2015 Fees for service of subpoenas of Jasha Overton and Nikeen Flagg ECF No. 49-3 at 54-56. $300.00 7/21/2015 Diamond Court Reporting - Depositions of Salima Hawthorne, Kalee Adger and Nikeen Flagg ECF No. 49-2 at 20. $916.70 8/12/2015 Diamond Court Reporting - Deposition of Bailey (no show) ECF No. 49-3 at 57-58. $100.00 10/1/2015 Center City Legal Reproductions - Fees and costs for copies of documents relating to Ameer Johnson and Kalee Adger ECF No. 49-3 at 59-61. $494.96 10/29/2015 Ferringo Court Reporting - Depositions of Chief Tallbottom, Corporal Benson, Corporal Brooke and Chief Tallbottom (Rule 30(b)(6)) ECF No. 49-2 at 21-22. $598.50 11/1/2015 Center City Legal Reproductions, Inc. - Fees and costs for copies of documents relating to Ameer Johnson and Kalee Adger ECF No. 49-3 at 2-4. $1,027.78 11/9/2015 Media Court Reporting - Deposition of Bailey (no show) ECF No. 49-3 at 67-68. $123.50 12/1/2015 Center City Legal Reproductions, Inc. - Fees and costs for copies of documents relating to Kalee Adger and Ameer Johnson ECF No. 49-3 at 5-7. $598.05 12/10/2015 Diamond Court Reporting - Deposition of Bailey (no show) ECF No. 49-3 at 69. $108.00 1/1/2016 Center City Legal Reproductions, Inc. - Fees and costs for copies of documents relating to Ameer Johnson ECF No. 49-3 at 70-71. $30.00 2/1/2016 Center City Legal Reproductions, Inc. - Fees and costs for copies of documents relating to Ameer Johnson ECF No. 49-3 at 72-73. $54.50 Total: $4,351.99