Opinion
Case No. 04-12576-RS.
August 6, 2007
MCCARTER ENGLISH, LLP, Counsel to Donald R. Lassman, Chapter 7 Trustee of STM INDUSTRIES, INC., Charles A. Dale III, BBO No. 558839, McCarter English, LLP, Boston, MA.
SECOND AND FINAL APPLICATION OF MCCARTER ENGLISH, LLP, COUNSEL TO DONALD R. LASSMAN, TRUSTEE, FOR COMPENSATION AND REIMBURSEMENT OF EXPENSES
SUMMARY SHEET — PART I
Name of applicant: McCarter English, LLP, f/k/a Gadsby Hannah LLP Authorized to provide Donald R. Lassman, Trustee professional services to: Date of retention: Order dated July 14, 2004 Period for which compensation and August 25, 2004 — July 31, 2007 reimbursement is sought: Amount of compensation sought: $203,953.00 Amount of reimbursement sought: $19,331.69 Total amount of application: $223,284.69 This application is: Second and Final SUMMARY SHEET — PART II Summary Of Time Recorded In Connection With The Rendering Of Services To The Trustee For Period August 25, 2004 To July 31, 2007 Year Of Partners Admission Hours Rate Amount Year Of Associates Admission Hours Rate Amount Paralegals Hours Rate Amount Totals 723.40 $203,953.00 Blended hourly rate for attorneys: $297.60 Prior Monthly Applications Date Requested Approved Served Fees Expenses Fees Expenses Total $8,508.00 $556.72 $8,508.00 $556.72 Coppinger, Peter M. 1989 10.60 $360.00 $3,816.00 Coppinger, Peter M. 9.60 $400.00 $3,840.00 Dale, Charles A. 1991 .40 $425.00 $170.00 Dale, Charles A 4.50 $450.00 $2,025.00 Himelfarb, David 1998 155.80 $290.00 $45,182.00 Himelfarb, David 122.60 $315.00 $38,619.00 Himelfarb, David 123.10 $325.00 $40,007.50 Mattera, Alex F. 1998 93.30 $245.00 $22,858.50 Mattera, Alex F. 10.00 $265.00 $2,650.00 Mattera, Alex F 99.50 $290.00 $28,855.00 Schreuer, Elisabeth S. 1997 4.60 $320.00 $1,472.00 Fallon, Rebecca M. 24.00 $145.00 $3,480.00 Fallon, Rebecca M. 59.80 $170.00 $3,480.00 Norfolk, Claire 5.60 $145.00 $812.00 Period Covered 4/30/07 6/24/04 — 8/24/04 $8,508.00 $556.72 $8,508.00 $556.72Pursuant to 11 U.S.C. sections 328 and 330, Rule 2016 of the Federal Rules of the Bankruptcy Procedure and Massachusetts Local Bankruptcy Rule 2016-1, McCarter English, LLP, formerly known as Gadsby Hannah LLP ("M E"), counsel to Donald R. Lassman, the duly-appointed chapter 11 trustee (the "Trustee") of STM Industries, Inc. (the "Debtor"), hereby files this Second Application For Compensation And Reimbursement Of Expenses (the "Application") for the period August 25, 2004 through and including July 31, 2007, (the "Application Period"), seeking entry of an Order awarding M E compensation totaling $223,284.69, representing: (i) $203,953.00 for actual legal services rendered; (ii) $19,331.69 for reimbursement of actual expenses incurred. In support of the Application, M E respectfully represents as follows:
Procedural History
1. On March 30, 2004 (the "Petition Date"), the Debtor filed its voluntary petition for relief under chapter 11 of title 11 of the United States Code (the "Bankruptcy Code") in the United States District Court for the District of Massachusetts (Eastern Division).
2. By Certificate of Appointment dated June 24, 2004, Donald R. Lassman was appointed trustee to the chapter 11 case.
3. On July 1, 2004, the Trustee filed an application to employ M E, as his counsel ("Counsel") for such professional services not limited to the following:
a. to provide legal advice with respect to the Trustee's powers and duties in the wind-down and liquidation of the Debtor's business and management of its property;
b. to prepare and file all necessary motions, notices, and other pleadings necessary to administer this chapter 7 case;
c. to prepare on behalf of the Trustee all necessary applications, motions, answers, orders, reports and other legal papers;
d. to appear in Court and to protect the interests of the Trustee and the estate before the Court; and
e. to perform all other legal services for the Trustee which may be necessary and proper in these proceedings.
4. On August 24, 2004, the chapter 11 proceeding was converted to a proceeding under Chapter 7.
5. By Order dated July 14, 2004, the Court approved M E's employment as Counsel. A copy of the Order is attached hereto asExhibit A. Effective June 1, 2006, Gadsby Hannah LLP merged with McCarter English, LLP.
Summary Of Professional Services
6. By this Application, M E respectfully seeks an award of compensation for professional services rendered for and on behalf of the Trustee during the Application Period in the aggregate amount of $223,284.69. The compensation sought by this Application reflects an actual blended hourly rate of $297.60 (exclusive of paralegal and law clerk time), which M E submits is quite reasonable given the complex nature of the issues confronted and the results achieved in this case.
7. In support of M E's Application for an award of professional compensation and expense reimbursement, M E submits the following supporting documentation, all of which is incorporated herein by reference: Exhibit Description
A Order Approving Gadsby Hannah, LLP's Employment Application B M E Attorney Paralegal Biographies C1 — C9 Detailed Daily Narrative Report of Professional Fees D Summary of Out-of-Pocket Expenses E Proposed Order Authorizing Payment of Fees and Expenses 8. Each of the foregoing reports is prepared and maintained by M E in the ordinary course of its business. With regard to Exhibits C and D, respectively, these reports are prepared substantially contemporaneously with the performance of the professional services described or the incurring of the expense for which reimbursement is sought hereby. The hourly time charges set forth herein, and reflected in Exhibit C, represent the usual and customary rates charged by M E to its bankruptcy and non-bankruptcy clients for the types of services rendered herein.9. Between August 24, 2004 and July 31, 2007, M E rendered 723.40 hours to the Trustee at a blended rate of $297.60 (exclusive of paraprofessionals) per hour for a total charge of $203,953.00.
10. For time and record keeping purposes, and to comply with those categories set forth in Massachusetts Local Bankruptcy Rule 2016-l(d)(2), M E has categorized the services it has performed during the Application Period by delineating nine separate categories of tasks, and has billed the time spent on rendering services relating to each distinct task to the relevant category. The categories, together with total hours and charges for each, are as follows: Exhibit Category Hours Fees
C1 Meeting of Creditors 6.10 $1,494.50 C2 Asset Disposition 14.10 $2,418.50 C3 Claims Administration and 87.60 $23,598.50 Objections C4 Real Estate 10.50 2,761.50 C5 General Litigation 47.60 $12,896.00 C6 CRA Litigation 466.40 $140,974.00 C7 Key Litigation 13.30 $3,464.50 C8 General Case Administration 10.60 $2,867.50 C9 Fee/Employment Applications 67.20 $13,478.00 It should be noted that there are instances where actual services performed, based on the description of the services, could have been placed in any one of a number of the categories. However, none of the services were billed to or included in more than one category. Each category is identified by a descriptive title and a matter number.Narrative Description of Services Rendered
11. The following is a narrative description of the services rendered by M E to the Trustee during the Application Period.
A. Meeting Of Creditors ( Exhibit C1 )
12. This category includes services rendered by M E in connection with the initial meeting of creditors, and certain initial pleadings and requests for relief of the Debtor and creditors in these proceedings. M E assisted and advised the Trustee and worked closely with the Trustee and the Debtor to ensure that he rapidly grasped the Debtor's status and liquidation alternatives. While such a process presents difficulties in any case, here the Trustee was confronted with an absent and adversarial debtor principal, a complete absence of business records of any kind, active disputes with tenants and former tenants of the Debtor, and virtually no funds on hand. Through M E's careful handling and cooperation with each of the parties in interest, the Trustee succeeded in quickly getting up to speed on the issues in the case and ultimately in recovering sufficient assets to provide a meaningful distribution to the unsecured creditors.
13. In connection with this project category, during the Application Period, M E professionals recorded a total of 6.10 hours amounting to $1,495.50 in fees. Name Hours Rate Amount Total 6.10 $1,495.50
Mattera, Alex F. 6.10 $245.00 $1,495.50B. Asset Disposition ( Exhibit C2 )
14. As soon as it became involved on behalf of the estate, M E conducted an examination of the Debtor's assets and an investigation into its prepetition transactions and conduct to determine whether any value existed for the benefit of unsecured creditors of the Debtor. M E conducted examinations and reviewed all available documentation, including loan documents, service contracts, leases and other materials, to assist in its investigation. Because the Debtor failed to keep business records of any kind, the Trustee was often forced to obtain such documents from third parties — parties which were often embroiled in some dispute with the Debtor. M E conducted the Trustee's receipt and review of the documents at considerable effort given the obstacles.15. In connection with the project category, during the Application Period, M E professionals recorded a total of 14.10 hours amounting to $2,418.50 in fees. Name Hours Rate Amount Total 14.10 $2,418.50
Mattera, Alex F. 2.00 $245.00 $490.00 Mattera, Alex F. 1.20 $290.00 $348.00 Fallon, Rebecca M. 10.90 $145.00 $1,580.50C. Claims Administration (Exhibit C3)
16. This category includes services rendered by M E in connection with the Trustee's examination of the claims asserted against the estate. M E carefully reviewed every claim filed in the Debtor's case, together with all available supporting documentation. In many instances, M E corresponded with claimants to resolve questions concerning specific claims. M E's claims analysis culminated in the Trustee's omnibus objections to claims, which reduced claims against the estate by over ninety-five percent (95%), from approximately $6.8 million to about $360,000. M E also negotiated a remarkable reduction of the Debtor's senior secured lender's claims against the Debtor from the $2.4 million claim initially asserted to a secured claim of $235,000 and a subordinated unsecured claim of $104,000. As a consequence of M E's efforts and aggressive claims resolution, funds available for distribution to unsecured creditors will go significantly further.17. In connection with the project category, during the Application Period, M E professionals recorded a total of 87.60 hours amounting to $23,598.50 in fees. Name Hours Rate Amount Total 87.60 $23,598.50
Dale, Charles A. 1.60 $450.00 $720.00 Himelfarb, David .50 $290.00 $145.00 Himelfarb, David .30 $325.00 $97.50 Mattera, Alex F. 4.00 $245.00 $980.00 Mattera, Alex F. .40 $265.00 $106.00 Mattera, Alex F. 66.70 $290.00 $19,343.00 Fallon, Rebecca M. 7.60 $145.00 $1,102.00 Fallon, Rebecca M. 6.50 170.00 $1,105.00D. Real Estate (Exhibit C4)
18. This category includes services rendered by M E in connection with the preservation and attempted sale of the real estate at 620 South Street, in Holbrook, Massachusetts (the Debtor's principal asset). Following the appointment of the Trustee, M E quickly set about assessing the Debtor's financial condition and determining a strategy to preserve and enhance the value of estate assets. M E assembled a team of highly skilled professionals to prepare and market the Debtor's real property for either rent or sale. The real property at issue included two large commercial buildings, attendant parking facilities, and undeveloped land. One of the buildings was currently occupied by a tenant, the Holbrook Sports Club ("HSC"). The other building was vacant, as described more fully in the CRA Litigation section below.
19. Immediately upon its engagement in this case, M E opposed the motion of the Debtor's senior secured lender, Boston Federal Savings Bank ("BFSB"), for relief from the automatic stay. Despite a close dispute on the existence of equity in the real estate in excess of BFSB's loan, M E was able to obtain a concession from BFSB to market the property for sale for a period of approximately four months. M E engaged David Krock and Land Mark Realty to market the property to prospective buyers. Despite aggressive efforts by Mr. Krock, no buyers were forthcoming and the property was eventually surrendered to BFSB. BFSB subsequently conducted a foreclosure sale on the property and applied the proceeds of the sale to the outstanding obligations of the Debtor.
20. During the pendency of the Trustee's management and control of the real estate, M E advised him regarding his duties and responsibilities with respect to the property. HSC was chronically delinquent in its rental payments and insurance obligations. M E monitored the HSC lease diligently to ensure compliance. M E also assisted the Trustee in securing and maintaining insurance coverage on the remaining property, securing the physical plant, and performing necessary maintenance and repairs, especially to the vacant building. In particular, M E worked closely with the Trustee to develop a creative solution to insure the property where very limited funds were insufficient to pay required premiums. As a result of M E's efforts, the property was kept safe, insured, and in marketable condition throughout the Trustee's control of the real estate. Although the property was ultimately surrendered to BFSB, the Trustee's efforts generated a meaningful benefit to the estate in that BFSB's claims were greatly reduced as a result of the property's significant value.
21. In connection with the project category, during the Application Period, M E professionals recorded a total of 10.50 hours amounting to $2,761.50 in fees. Name Hours Rate Amount Total 10.50 $2,761.50
Dale, Charles A .40 425.00 $170.00 Himelfarb, David .2.60 290.00 $754.00 Mattera, Alex F. 7.50 245.00 $1,837.50E. General Litigation ( Exhibit C5 )
22. This category includes services rendered by M E in connection with the assessment of potential claims to be pursued by the Debtor. M E carefully reviewed all available information, including the deposition testimony of the Debtor's principal, Stephen Thomas Moscone, to determine whether any claims could be asserted by the estate against third parties. M E cooperated with and interviewed prior attorneys and other professionals to the Debtor in connection with M E's own independent investigation. In addition, M E responded to and resolved pending insurance litigation in connection with claims asserted and paid by the Debtor's insurance carrier with respect to the real estate. Finally, M E assisted the Trustee in defending the estate against claims by creditors and other third parties against the Debtor.23. In connection with the project category, during the Application Period, M E professionals recorded a total of 47.60 hours amounting to $12,896.00 in fees. Name Hours Rate Amount Total 47.60 $12,896.00
Coppinger, Peter M. .70 $360.00 $252.00 Himelfarb, David 1.20 $290.00 $348.00 Himelfarb, David 13.90 $325.00 $4,517.50 Mattera, Alex F. 24.50 245.00 $6,002.50 Schreuer, Elisabeth S. 4.10 $320.00 $1,312.00 Fallon, Rebecca M. 3.20 $145.00 $464.00F. CRA Litigation ( Exhibit C6 )
24. This category includes services rendered by M E in connection with its lawsuit against Container Recycling Alliance, LP ("CRA"). M E commenced this suit on behalf of the Trustee seeking damages for CRA's alleged breach of lease and damage to the premises. CRA litigated this case aggressively from the outset. Concurrent with its Answer, CRA filed counterclaims seeking over $700,000 in damages and a motion to withdraw the reference. The Trustee opposed the motion and moved to strike CRA's jury demand on the ground that its counterclaims constituted a claim against the estate of STM thereby waiving its jury rights. In response, CRA agreed that its counterclaims would only constitute a claim of set off and that it would seek no affirmative recovery from the Debtor's estate. Subsequently, the Trustee and CRA exchanged initial disclosures and the Trustee served two document requests on CRA, as well as a set of interrogatories. The parties then agreed to mediate their dispute and the Trustee prepared a detailed Mediation Statement and participated in a one-day mediation. That mediation did not resolve the dispute and the Trustee commenced taking depositions. The Trustee also sought significant third party discovery, including serving public records requests on the Town of Holbrook, the Holbrook Fire Department, and the Massachusetts Department of Environmental Protection. The Trustee also conferred with Stephen Thomas Moscone and his counsel on numerous occasions to develop the case factually. Based on this discovery, the Trustee concluded that he had sufficient evidence to justify amending the Complaint to assert a Mass. Gen. L. Ch. 93A claim, which he did.25. The Trustee, through M E, then took numerous depositions, including the realtor who leased the premises to CRA (David Mitchell), the plant manager at CRA (Al Rebeiro), the regional manager at CRA with responsibilities for the Holbrook plant (Timothy Cusson — whose deposition lasted two days), a property manager for Waste Management, CRA's parent (Brendan Sheehan — whose deposition was taken in Chicago), and the former president of CRA (Earl Gorman — whose deposition was also taken in Chicago), as well as participating in a number of depositions noticed by CRA, including the deposition of Stephen Thomas Moscone (whose deposition lasted two days), Wayne Crosby and Patrick Roseingrave (third parties who attempted to remedy the flooding at the premises).
26. Once discovery was winding down, M E performed an assessment of the value of the case for the Trustee and renewed efforts to settle the case based on its assessment of its value. CRA, who was represented by able counsel, litigated and negotiated aggressively. Ultimately, the Trustee concluded that the settlement reached was fair and equitable, particularly given some difficult facts that had arisen during discovery. Overall, M E spent approximately two and a half years litigating this case.
27. In order to finalize a settlement, M E was also required to settle an insurance claim that had been brought against CRA on the Debtor's behalf.
28. In connection with the project category, during the Application Period, M E professionals recorded a total of 466.40 hours amounting to $140,974.00 in fees. Name Hours Rate Amount Total 466.40 $140,974.00
Coppinger, Peter M. 9.90 $360.00 $3,564.00 Coppinger, Peter M. 9.60 $400.00 $3,840.00 Dale, Charles A. 1.80 $450.00 $810.00 Himelfarb, David 144.70 $290.00 $41,963.00 Himelfarb, David 122.60 $315.00 $38,619.00 Himelfarb, David 106.10 $325.00 $34,482.50 Mattera, Alex F. 38.00 $245.00 $9,310.00 Mattera, Alex F. 8.90 $265.00 $2,358.50 Mattera, Alex F. 15.80 $290.00 $4,582.00 Schreuer, Elisabeth S. .50 $320.00 $160.00 Fallon, Rebecca M. .80 $145.00 $116.00 Fallon, Rebecca M. 2.10 $170.00 $357.00 Norfolk, Claire 5.60 $145.00 $812.00G. Key Litigation ( Exhibit C7 )
29. This category includes services rendered by M E in connection with a claim against a former tenant of the Debtor, Key Container Corp. ("Key"), who damaged the Debtor by failing to timely vacate the premises. The Debtor had initiated suit against Key prior to the Petition Date, asserting claims in the amount of approximately $25,000. In its answer, Key counterclaimed against the Debtor in an unspecified amount, but suggested that its damages vastly exceeded any liability it may have had to the Debtor. Following extensive negotiations, M E obtained a waiver from Key of any and all counterclaims, in addition to a cash payment of $2,500. M E drafted and submitted a settlement which the Court ultimately approved.30. In connection with the project category, during the Application Period, M E professionals recorded a total of 13.30 hours amounting to $3,464.50 in fees. Name Hours Rate Amount Total 13.30 $3,464.50
Himelfarb, David 6.80 $290.00 $1,972.00 Mattera, Alex F. 5.50 $245.00 $1,347.50 Fallon, Rebecca M. 1.00 $145.00 $145.00H. General Case Administration ( Exhibit C8 )
31. M E has also consistently reviewed the case status by examining the docket to insure that all filed pleadings were received, and to keep informed of approaching hearings. Only those attorneys whose presence was absolutely necessary attended hearings, so as to limit the expense to the estates. Other general matters include tracking pending non-bankruptcy litigation and informal disputes, resolving trade-creditor disputes, and drafting, filing and prosecuting motions which do not fall within other categories.32. More particularly, M E continued to work closely with the Debtor to assist the Trustee in his investigations, litigation against former tenants, and claims resolution. M E also responded to voluminous communications from prior counsel to the Debtor regarding the Debtor's business operations, pending litigation and claims of insiders. Throughout the course of these proceedings, M E strove to diligently respond to all communications by creditors, governmental authorities, estate professionals and others in a timely, efficient and professional manner. M E's and the Trustee's careful administration of the Debtor's estate has provided an outstanding result for unsecured creditors which could not have been predicted from the Debtor's bleak financial perspective on the date of the Trustee's appointment.
33. In connection with the project category, during the Application Period, M E professionals recorded a total of 10.60 hours amounting to $2,867.50 in fees. Name Hours Rate Amount Total 10.60 $2,867.50
Mattera, Alex F. 4.20 $245.00 $1,029.00 Mattera, Alex F. .70 $265.00 $185.50 Mattera, Alex F. 5.70 $290.00 $1,653.00I. Employment/Fee Applications (Exhibit C9)
34. Services provided in this category during the Application Period include advising the Trustee in connection with the employment of other professionals on behalf of the estate in these proceedings. By closely monitoring and contributing to the employment and compensation process for each professional, M E has assisted the Trustee in coordinating a team of highly qualified professionals to unite their unique abilities and address each of the challenges presented by these proceedings.35. M E has endeavored to accurately and efficiently prepare its fee applications. Prior to drafting the actual applications, M E analyzed methods to track and record its time in this case. M E then instituted a billing system to categorize time entries by task to avoid unnecessary delay and expense in creating the Application. Such categorization also aids the Court and parties-in-interest to easily review the Application. The relatively small amount of time spent in preparation of billing procedures has, without the expenditure of additional time, has aided in the preparation of the Application.
36. In connection with the project category, during the Application Period, M E professionals recorded a total of 67.20 hours amounting to $13,478.00 in fees. Name Hours Rate Amount Total 67.20 $13,478.00
Dale, Charles A. 1.10 $450.00 $495.00 Himelfarb, David 2.80 $325.00 $910.00 Mattera, Alex F. 1.50 $245.00 $367.50 Mattera, Alex F. 10.10 $290.00 $2,929.00 Fallon, Rebecca M. .50 $145.00 $72.50 Fallon, Rebecca M. 51.20 $170.00 $8,704.00Summary of Expenses Incurred
37. During the Application Period, M E has incurred actual and necessary expenses in connection with the rendering of services to and on behalf of the Trustee, in the amount of $19,331.69 for which neither M E nor M E has previously applied or received reimbursement. A summary of these out-of-pocket expenses is annexed hereto as Exhibit D and incorporated herein by reference. All expenses for which reimbursement is sought were incurred in connection with the rendering of professional services to the Trustee, and were reasonable and necessary.38. From time to time M E has utilized certain services, including overnight couriers and long distance telephone conference services. There have been occasions when the Trustee required information and documents on an expedited basis. Although M E makes every effort to use regular postal services when possible, overnight delivery of documents and long distance conference calls were occasionally required.
39. M E has made every effort to minimize the out-of-pocket expenses incurred in connection with its representation of the Trustee in this case. M E believes the expenditures for which reimbursement is sought herein were appropriate and warranted. M E maintains detailed records of all out-of-pocket expenses incurred in connection with its representation of the Trustee. Accordingly, M E requests reimbursement of expenses incurred as counsel to the Trustee during the Application Period in the amount of $19,331.69.
Conclusion
40. This is the second and final request for compensation since the Petition Date. M E hereby certifies that it has not agreed to share compensation awarded in this case with any other person or entity.
WHEREFORE, for all of the foregoing reasons, M E respectfully requests that the Court enter an order, substantially in the form attached hereto as Exhibit E:
(a) awarding M E compensation totaling $223,284.69, representing:
(i) $203,953.00 for actual legal services rendered;
(ii) $19,331.69 for reimbursement of actual expenses incurred; and
(iv) that all prior awards of compensation resulting from M E's First Interim Application are approved and confirmed,
(b) granting such other and further relief as just and necessary.
EXHIBIT A APPLICATION OF DONALD R. LASSMAN, CHAPTER 11 TRUSTEE, FOR AUTHORITY TO RETAIN GADSBY HANNAH LLP AS COUNSEL
Donald R. Lassman, the duly appointed chapter 11 trustee (the "Trustee") of STM Industries, Inc. (the "Debtor"), hereby applies for entry of an order pursuant to section 827 of the Bankruptcy Code, Rule 2014 of the Federal Rules of Bankruptcy Procedure, and Rule 2014-1 of the Massachusetts Local Bankruptcy Rules ("MLBR"), authorizing the Trustee to retain Charles A. Dale III and the law firm Gadsby Hannah LLP ("GH") as this counsel in this case. In support of this Application, the Trustee represents as follows:
Background
1. On March 30, 2004 (the "Petition Date"), the Debtor filed its voluntary petition for relief under chapter 11 of title 11 of the United States Code (the "Bankruptcy Code") in the United States Bankruptcy Court for the District of Massachusetts.
2. Prior to the Trustee's appointment on June 25, 2004, the Debtor continued in possession of its property and continued to operate and manage its business affairs as a debtor-in-possession pursuant to sections 1107(a) and 1108 of the Bankruptcy Code.
3. The Court has jurisdiction over this Application pursuant to 28 U.S.C. sections 157 and 1334. Venue is proper in this District pursuant to 28 U.S.C. sections 1408 and 1409. This is a "core" proceeding pursuant to 28 U.S.C. section 157(b). The statutory predicate for the relief sought herein is section 327(a) of the Bankruptcy Code.
4. Prior to the Petition Date, the Debtor purchased commercial real property located at 616-620 South Street, Holbrook, Massachusetts. The real property included several parcels: parcel one includes a 20,653-square foot commercial building (Building "616"); parcel two includes a 76,830-square foot commercial building (Building "620"); and the remaining real property consists of unimproved land (the "Land") (collectively, the "Property").
5. Liens on the Property include a first mortgage to Boston Federal Savings Bank ("BFSB"), securing indebtedness in the approximate amount of $2,400,000, and a second mortgage to First International Bank, securing indebtedness of approximately $76,000 (collectively, the "Liens"). The Trustee has not had an opportunity to review the validity or extent of the Liens, and accordingly expressly reserves his right to do so.
5. Building 616 is currently leased to Paul Cottam, d/b/a Holbrook Sports Club, at a rental rate of approximately $7,350 per month, plus taxes, utilities and insurance. Building 620 is currently vacant. Upon information and belief, the Debtor has valid and enforceable claims against prior tenants of Building 620 on account of lease breaches.
7. The Debtor derives its income substantially from the rent generated by the Property.
8. The principal of the Debtor, Stephen T. Moscone, has executed a personal guaranty to BFSB to secure the obligations of the Debtor to BFSB. The rents collected by the Debtor allegedly constitute cash collateral securing such obligations.
9. On April 21, 2004, BFSB filed a motion for relief from the automatic stay to foreclose upon the Property. BFSB alleges that the Debtor was in default of its obligations. Following several hearings and continuance of the motion for relief, the Debtor requested the appointment of a chapter 11 trustee in this case. The Court granted the request, and on June 25, 2004, Donald R. Lassman was appointed Trustee by order of the Court.
Relief Requested
10. By this Application, the Trustee seeks to employ and retain GH as his counsel in connection with the fulfillment of his duties as Trustee in this chapter 11 case.
11. The Trustee has selected GH as his attorneys because of the firm's extensive experience and knowledge in the field of debtors' and creditors' rights and business reorganizations under chapter 11 of the Bankruptcy Code. Since it was contacted by the Trustee, GH has become familiar with the Debtor's business affairs and many of the potential legal issues which may arise in the context of this chapter 11 case. As a result, GH is well suited to represent the Trustee in these proceedings.
12. Subject to Court approval in accordance with sections 330(a) and 331 of the Bankruptcy Code, compensation will be payable to GH on an hourly basis, plus reimbursement of actual, necessary expenses and other charges incurred and regularly charged by GH. Subject to Court approval, GH will bill for legal services in accordance with its ordinary and customary rates in effect on the date services are rendered. GH's current standard hourly rates range from $330 to $500 for partners, $195 to $300 for associates, and $100 to $140 for paraprofessionals. GH's hourly rates are subject to periodic adjustments to reflect economic and other conditions.
13. The hourly rates set forth above are GH's standard hourly rates for work of this nature. These rates are set at a level designated to fairly compensate GH for the work of its attorneys and paralegals and to cover fixed and routine overhead expenses.
14. It is also GH's policy to charge its clients in all areas of practice for all other expenses incurred in connection with the client's case. The expenses charged to clients include, among other things, telephone and telecopier toll and other charges, mail and express mail charges, special or hand delivery charges, document retrieval, photocopying charges, travel expenses, expenses for "working meals," computerized research, and transcription costs. GH will charge the Trustee for these expenses in a manner and at rates consistent with charges made generally to GH's other clients. GH believes that it is more fair to charge these expenses to the clients incurring them than to increase the hourly rates and spread the expenses among all clients.
15. The professional services that GH will render to the Trustee include, but shall not be limited to, the following:
a. to provide legal advice with respect to the Trustee's powers and duties in the continued operation of the Debtor's business and management of its property;
b. to prepare and file all necessary motions, notices, and other pleadings necessary to administer this chapter 11 case;
c. to prepare and pursue approval of a disclosure statement and confirmation of a plan of reorganization;
d. to prepare on behalf of the Trustee all necessary applications, motions, answers, orders, reports and other legal papers;
e. to appear in Court and to protect the interests of the Trustee before the Court; and
f. to perform all other legal services for the Trustee which may be necessary and proper in these proceedings.
16. To the best of the Trustee's knowledge, and except as disclosed in the attached affidavit of Charles A. Dale III, Esquire (the "Dale Affidavit"), GH has not represented the Debtor's creditors, bond holders, or any other parties in interest, or their respective attorneys, in any matter relating to the Debtor or its estate.
17. To the best of the Trustee's knowledge, and except as disclosed in the Dale Affidavit, GH does not hold or represent any interest adverse to the Debtor's estate, GH is a "disinterested person" as that phrase is defined in section 101(14) of the Bankruptcy Code, and GH's employment is necessary and in the best interests of the Debtor and its estate.
WHEREFORE, the Trustee respectfully requests entry of an order, substantially in the form attached hereto, authorizing the Trustee to employ and retain GH as his counsel and granting such other and further relief as is just and proper.
EXHIBIT B EXHIBIT B
PETER M. COPPINGER
Peter M. Coppinger is a partner in the Litigation Group at Gadsby Hannah LLP. Mr. Coppinger concentrates in business litigation and also has significant experience in employment, entertainment and public or quasi-public law. Before entering law school, Mr. Coppinger worked as a budget analyst for the Massachusetts State Senate Ways and Means Committee focusing on education, labor and economic matters. He also worked as a Legislative Aide to former Senator Patricia McGovern. Mr. Coppinger previously served as an Assistant Attorney General for the Commonwealth of Massachusetts in the Trial Division of the Attorney General's Government Bureau.
Mr. Coppinger received his B.A. from Harvard University, and a J.D. from the University of Notre Dame. He is admitted to practice in Massachusetts and before the United States District Court for the District of Massachusetts and the United States Court of Appeals for the First Circuit.
DALE, CHARLES A.
Charles A. Dale III is a partner in the Business Reorganization and Bankruptcy Group. Mr. Dale has extensive experience in commercial bankruptcy law, business reorganizations and creditors' rights. He has represented corporate and individual debtors, operating and liquidating trustees, institutional lenders, creditors' committees and investors in formal and informal debt restructurings and receiverships. Mr. Dale has successfully engineered Chapter 11 plans of reorganization for businesses and individuals in a variety of industries including computer software, manufacturing, real estate development, health care, hospitality, consumer finance, electronics and visual imaging. He also has extensive experience in litigation matters involving bankruptcy and lender liability issues.
Mr. Dale served as a student law clerk to former Chief Bankruptcy Judge James N. Gabriel, Jr. of the United States Bankruptcy Court for the District of Massachusetts. He has written and presented articles on matters pertaining to reorganization of professional sports franchises, income and property taxation in bankruptcy, executory contracts and patent licensing. In 1998, Mr. Dale was featured in Massachusetts Lawyers Weekly as one of five up and coming lawyers in the commonwealth. Currently, Mr. Dale is a member of the Steering Committee and chairs the Membership Committee of the Boston Bar Association, Bankruptcy Section.
Mr. Dale holds a B.S. from the University of Dayton (with honors) and a J.D. from the Northeastern University School of Law.
REBECCA M. FALLON
Rebecca M. Fallon is a Business Reorganization and Bankruptcy paralegal. Ms. Fallon primarily supports the Bankruptcy Group, but also assists the Business Law Group and the Litigation Group. Her duties include organization and analysis of documents, fact investigation, claims analysis, and drafting of pleadings. She has worked extensively in the commercial bankruptcy area, having worked very closely with a major consumer financial institution.
Prior to working as a paralegal, Ms. Fallon was a legal secretary for ten years and is a graduate of the Boston Business School.
DAVID HIMELFARB
David Himelfarb is a member of the Business Litigation Group where he concentrates on complex commercial litigation and bankruptcy litigation. He has represented public and private companies as well as officers and directors of public and private companies in breach of fiduciary duty, breach of contract, and business tort actions. He has also represented trustees, secured creditors and other parties in interest in various bankruptcy matters. Mr. Himelfarb is admitted to practice in Massachusetts, California, the U.S. District Courts for the Northern, Central and Southern Districts of California, the U.S. District Court for the District of Massachusetts, as well as the First and Ninth Circuit Courts of Appeals. He is a member of the American Bar Association, the Massachusetts Bar Association, and the Boston Bar Association.
Prior to joining McCarter English, LLP, Mr. Himelfarb was associated with Goodwin Procter LLP, in Boston, where he focused on general commercial litigation, corporate control disputes, and class action lawsuits, and with Bryan Cave LLP, in Los Angeles, where he focused on general commercial litigation and corporate control disputes. Mr. Himelfarb also served as a law clerk to the Hon. George H. King, U.S. District Court, Central District of California.
Mr. Himelfarb earned an A.B., with honors and distinction, from Stanford University in 1994, and a J.D., cum laude, from Harvard Law School in 1998. During law school, Mr. Himelfarb served as an articles and submissions editor for the Harvard Environmental Law Review.
ALEX F. MATTERA
Alex F. Mattera is a former associate who worked in the the Business Reorganization and Bankruptcy Group. Mr. Mattera focused his practice on commercial bankruptcy, bankruptcy litigation, business reorganization, and creditor and debtor rights. His representations included debtors, creditors' committees, trustees, secured creditors, and other parties in interest. Mr. Mattera is admitted to practice before the Supreme Judicial Court for the Commonwealth of Massachusetts, the United States District Court for the District of Massachusetts, the United States Court of Appeals for the First and Third Circuits, and the United States Supreme Court. He is also a member of the American, Massachusetts and Boston Bar Associations, and the American Bankruptcy Institute.
Prior to joining McCarter English, LLP, Mr. Mattera was law clerk to the Honorable James F. Queenan Jr., former Chief Judge of the United States Bankruptcy Court for the District of Massachusetts. He also served an internship with the Office of the United States Trustee, and was a student editor of the treatise Chapter 11 Theory Practice: A Guide to Reorganization.
Mr. Mattera earned a B.A. in political science and Russian studies (with honors) from the University of Rhode Island in 1994, a M.A. in international relations from Boston University in 1997, and a J.D. from Boston College Law School in 1998.
CLAIRE NORFOLK
Claire Norfolk is a former Litigation Paralegal who had over 15 years of experience in the Litigation Department. Her duties included organization and analysis of documents produced, fact investigation, and preparing materials for depositions, hearings and trials.
ELISABETH SCHREUER
Elisabeth Schreuer practices in the Business Reorganization and Bankruptcy Group and the Business Law Group. Ms. Schreuer concentrates in the areas of commercial bankruptcy law, business reorganizations, creditors' rights and bankruptcy litigation. She represents corporate and individual debtors, operating and liquidating trustees and institutional lenders in formal and informal debt restructuring. Ms. Schreuer is admitted to practice in the Commonwealth of Massachusetts.
Prior to joining McCarter English, LLP, Ms. Schreuer served as a law clerk to the Honorable William C. Hillman of the United States Bankruptcy Court for the District of Massachusetts.
Ms. Schreuer received her J.D. from Cornell Law School (cum laude) where she served as Senior Note Editor of the Cornell Journal of Law and Public Policy. She received a B.A. in Linguistics and Philosophy from the University of Massachusetts at Amherst.
EXHIBIT C-1
DATE TKPR NAME RANK- NARRATIVE BILLED RATE VALUE TASK DESC HOURS CODE 0.60 147.00
EXHIBIT C-1 MEETING OF CREDITORS 10/27/04 MATTERA, ALEX F. ASSC PREPARE FOR 341 MEETING, TELEPHONE CONFERENCES WITH J. DAVIS REGARDING 0.90 245.00 220.50 CC1 ATTENDANCE AND DOCUMENT PRODUCTION, CORRESPONDENCE AND TELEPHONE CONFERENCES WITH D. LASSMAN. 10/28/04 MATTERA, ALEX F. ASSC PREPARE FOR, TRAVEL TO AND ATTEND 341 MEETING. 4.60 245.00 1,127.00 CC1 12/29/04 MATTERA, ALEX F. ASSC REVIEW TRANSCRIPT OF 341 MEETING. 245.00 CC1 6.10 1,494.50EXHIBIT C-2
DATE TKPR NAME RANK- NARRATIVE BILLED RATE VALUE TASK DESC HOURS CODE EXHIBIT C-2 ASSET DISPOSITION 9/27/04 MATTERA, ALEX F. ASSC CORRESPONDENCE AND TELEPHONE CONFERENCES WITH D. LASSMAN REGARDING 0.50 245.00 122.50 CC2 ABANDONMENT OF PROPERTY AND RELATED ISSUES. 9/28/04 FALLON, REBECCA M. PARALEGAL RECEIVE E-MAIL FROM A. MATTERA RE NOTICE OF ABANDONMENT, ETC. REVIEW AND 1.50 145.00 217.50 CC2 UPDATE SERVICE LIST; PDF NOTICE AND REQUEST FOR EMERGENCY DETERMINATION. ELECTRONICALLY FILE NOTICE AND REQUEST. 9/29/04 FALLON, REBECCA M. PARALEGAL RECEIVE VOICE MAIL FROM A. MATTERA RE OBJECTION DEADLINE; ACCESS PACER RE 4.40 145.00 638.00 CC2 ENDORSEMENT ORDER ON NOTICE OF ABANDONMENT; PLACE CALL TO CLERK'S OFFICE REQUESTING COPY OF ORDER. ACCESS PACER — DOWNLOAD COPY OF ORDER, CHECK DOCKET AND PARTIES LIST FOR SERVICE PURPOSES; REVIEW SERVICE WITH A. MATTERA. PLACE CALLS TO PARTIES ON SERVICE LIST RE OBJECTION DEADLINE; FAX COPIES OF OBJECTION DEADLINE AND NOTICE OF ABANDONMENT. ELECTRONICALLY FILE CERTIFICATE OF SERVICE. 9/29/04 MATTERA, ALEX F. ASSC TELEPHONE CONFERENCES WITH COURT REGARDING NOTICE OF ABANDONMENT AND 0.50 245.00 122.50 CC2 COORDINATION OF NOTICE AND FILINGS. 9/30/04 MATTERA, ALEX F. ASSC TELEPHONE CONFERENCE WITH M. HOFFMAN REGARDING ABANDONMENT OF 0.30 245.00 73.50 CC2 PROPERTY AND RELIEF FROM STAY. 2/1/05 MATTERA, ALEX F. ASSC CONFERENCE WITH R. FALLON REGARDING PREFERENCE ANALYSIS, BANK RECORDS. 0.20 245.00 49.00 CC2 2/24/05 FALLON, REBECCA M. PARALEGAL RETRIEVE COPIES OF BANK RECORDS, ORGANIZE AND BEGIN REVIEW FOR 4.00 145.00 580.00 CC2 PREFERENCE ANANYLSIS; PREPARE SPREADSHEET FOR SAME. 2/25/05 FALLON, REBECCA M. PARALEGAL CONTINUE WORK ON PREFERENCE ANALYSIS. E-MAIL A. MATTERA PREFERENCE 0.60 145.00 87.00 CC2 ANALYSIS. 3/3/05 MATTERA, ALEX F. ASSC REVIEW AND CONFERENCE WITH D. LASSMAN REGARDING PREFERENCE ANALYSIS, 0.50 245.00 122.50 CC2 PENDING LITIGATION AND REMAINING ISSUES. 5/3/05 FALLON, REBECCA M. PARALEGAL PLACE CALLS TO BANKING INSTITUTIONS RE ADDRESS INFORMATION. 0.40 145.00 58.00 CC2 12/26/06 MATTERA, ALEX F. ASSC REVIEW BANK'S SECURITY INTEREST AND RELATED MATERIALS, CONFERENCES AND 1.20 290.00 348.00 CC2 CORRESPONDENCE REGARDING SAME AND POSSIBLE SETTLEMENT. ___________ _______________ 14.10 2,418.50EXHIBIT C-3
DATE TKPR NAME RANK- NARRATIVE BILLED RATE VALUE TASK DESC HOURS CODE EXHIBIT C-3 CLAIMS ADMINISTRATION AND OBJECTIONS 11/2/04 FALLON, REBECCA M. PARALEGAL RECEIVE E-MAIL REQUEST FROM A. MATTERA. ORDER COPIES OF PROOFS OF CLAIM. 0.20 145.00 29.00 CC3 11/8/04 FALLON, REBECCA M. PARALEGAL RECEIVE COPIES OF PROOFS OF CLAIM; DISCUSS SAME WITH A. MATTERA. 0.20 145.00 29.00 CC3 12/10/04 FALLON, REBECCA M. PARALEGAL O/C A. MATTERA RE CLAIMS BAR DATE. 0.20 145.00 29.00 CC3 12/10/04 FALLON, REBECCA M. PARALEGAL REVIEW PROOFS OF CLAIM; ACCESS PACER RE ASSIGNMENTS, ETC. PREPARE CLAIMS 2.50 145.00 362.50 CC3 ANALYSIS. DISCUSS WITH A. MATTERA. ACCESS PACER AND REVIEW DOCKET RE BAR DATES. 12/10/04 HIMELFARB, DAVID ASSC REVIEW FILE AND DISCUSS STATUS OF CLAIMS WITH A. MATTERA. 0.50 290.00 145.00 CC3 2/22/05 FALLON, REBECCA M. PARALEGAL DISCUSS PREFERENCE ANALYSIS WITH A. MATTERA. 0.20 145.00 29.00 CC3 2/28/05 FALLON, REBECCA M. PARALEGAL O/C A. MATTERA RE BANK RECORDS. PLACE CALL TO BANK REQUESTING COPIES OF 0.40 145.00 58.00 CC3 CHECKS. REPORT TO A. MATTERA. 4/1/05 FALLON, REBECCA M. PARALEGAL O/C A. MATTERA RE CLAIMS ANALYSIS. ACCESS PACER RE SCHEDULES. REVISIONS TO 1.70 145.00 246.50 CC3 CLAIMS ANALYSIS. 4/7/05 MATTERA, ALEX F. ASSC LENGTHY TELEPHONE CONFERENCE WITH D. LASSMAN AND E. SILVIA REGARDING 1.20 245.00 294.00 CC3 CLAIMS OF JULIE MOSCONE AND OTHER OPEN ISSUES, SUBSEQUENT REVIEW OF CLAIMS. 4/20/05 MATTERA, ALEX F. ASSC LENGTHY TELEPHONE CONFERENCE WITH ATTORNEY SYLVIA REGARDING CLAIMS 0.50 245.00 122.50 CC3 AND SCHEDULES OF DEBTOR, MOSCONE, STATUS OF LITIGATION. 5/2/05 FALLON, REBECCA M. PARALEGAL RECEIVE E-MAIL REQUEST FROM A. MATTERA. RESEARCH RE BANK INFO AND 0.30 145.00 43.50 CC3 RESPOND TO A. MATTERA. 9/8/05 FALLON, REBECCA M. PARALEGAL RECEIVE EXCHANGE OF E-MAILS; E-MAIL CLAIMS ANALYSIS TO D. LASSMAN. 0.20 145.00 29.00 CC3 9/21/05 FALLON, REBECCA M. PARALEGAL O/C A. MATTERA RE RECEIPT OF PROOFS OF CLAIM. ACCESS PACER IN ORDER TO 1.00 145.00 145.00 CC3 REVIEW CLAIMS REGISTER. REVISE CLAIMS ANALYSIS. REVIEW SCHEDULES RE POSSIBLE CONTINGENT CLAIMS, ETC. 9/21/05 FALLON, REBECCA M. PARALEGAL O/C A. MATTERA RE STOCKWELL MOTION AND CLAIM. OBTAIN COPY OF CLAIM AND 0.40 145.00 58.00 CC3 INCORPORATE INTO CLAIMS ANALYSIS. 9/21/05 MATTERA, ALEX F. ASSC REVIEW CLAIMS AND REGISTER AND PREPARE FOR AND PARTICIPATE IN TELEPHONIC 2.30 245.00 563.50 CC3 MEETING WITH D. LASSMAN AND D. HIMELFARB. 9/22/05 FALLON, REBECCA M. PARALEGAL O/C A. MATTERA RE CLAIMS ANALYSIS. PRINT CLEAN COPY OF SPREADSHEET FOR A. 0.30 145.00 43.50 CC3 MATTERA. 4/12/06 MATTERA, ALEX F. ASSC CORRESPONDENCE WITH D. LASSMAN REGARDING CLAIMS AGAINST INSURANCE 0.40 265.00 106.00 CC3 CARRIER AND STATUS. 11/7/06 DALE, CHARLES A. PARTNER CONFER WITH CLIENT AND DAVID HIMELFARB RE: PRE-JUDGMENT RELIEF AGAINST 0.70 450.00 315.00 CC3 WASTE MANAGEMENT. 11/21/06 DALE, CHARLES A. PARTNER CONFER WITH DAVID HIMELFARB RE: SETTLEMENT OF WASTE MANAGEMENT CASE. 0.40 450.00 180.00 CC3 12/18/06 MATTERA, ALEX F. ASSC REVIEW FILED CLAIMS AND DEBTOR'S SCHEDULES, STATEMENTS AND RELATED 1.20 290.00 348.00 CC3 MATERIALS AND CONDUCT CLAIMS ANALYSIS. 12/21/06 DALE, CHARLES A. PARTNER CONFER WITH ALEX MATTERA REGARDING SETTLEMENT OF CLAIM AGAINST WASTE 0.30 450.00 135.00 CC3 MANAGEMENT. 1/9/07 MATTERA, ALEX F. ASSC PREPARE FOR AND PARTICIPATE IN TELEPHONE CONFERENCE WITH M. HOFFMAN 0.60 290.00 174.00 CC3 REGARDING BANK'S CLAIMS, STATUS AND LIKELY DISTRIBUTIONS FOLLOWING SETTLEMENT, POSSIBLE RESOLUTION OF BANK'S CLAIMS. 1/9/07 MATTERA, ALEX F. ASSC CORRESPONDENCE AND CONFERENCES WITH D. HIMELFARB AND D. LASSMAN 0.70 290.00 203.00 CC3 REGARDING SETTLEMENT STATUS AND CLAIMS OF CREDITORS. 1/17/07 MATTERA, ALEX F. ASSC PREPARE FOR AND PARTICIPATE IN LENGTHY TELEPHONE CONFERENCE WITH M. 0.90 290.00 261.00 CC3 HOFFMAN REGARDING CLAIMS OF BANK, RELATED ISSUES AND CONFERENCE WITH D. LASSMAN REGARDING SETTLEMENT. 1/18/07 MATTERA, ALEX F. ASSC REVIEW STIPULATION WITH BANK REGARDING RELIEF FROM STAY, VALIDITY OF 0.70 290.00 203.00 CC3 CLAIMS AND RELATED ISSUES, AND CORRESPONDENCE WITH BANK'S COUNSEL. 1/22/07 MATTERA, ALEX F. ASSC REVIEW BANK CLAIM INFORMATION, FORECLOSURE SALE, MITIGATION, 0.80 290.00 232.00 CC3 DISTRIBUTIONS AND CONFERENCES WITH COUNSEL TO BANK. 1/29/07 MATTERA, ALEX F. ASSC PREPARE FOR AND PARTICIPATE IN TELEPHONE CONFERENCES AND 0.80 290.00 232.00 CC3 CORRESPONDENCE WITH D. LASSMAN REGARDING DISTRIBUTIONS, SETTLEMENT WITH CRA AND BANK CLAIMS. 1/30/07 MATTERA, ALEX F. ASSC TELEPHONE CONFERENCE WITH D. LASSMAN REGARDING RESOLUTION OF BANK'S 0.30 290.00 87.00 CC3 CLAIMS. 2/1/07 MATTERA, ALEX F. ASSC TELEPHONE CONFERENCE WITH D. LASSMAN REGARDING DISTRIBUTION ISSUES AND 0.40 290.00 116.00 CC3 RESOLUTION OF CRA LITIGATION AND BANK CLAIMS. 2/2/07 MATTERA, ALEX F. ASSC CORRESPONDENCE AND TELEPHONE CONFERENCES REGARDING RESOLUTION OF 0.80 290.00 232.00 CC3 BANK CLAIMS AND STATUS OF SETTLEMENTS. 2/6/07 MATTERA, ALEX F. ASSC REVIEW CLAIMS ANALYSIS AND TELEPHONE CONFERENCES WITH M. HOFFMAN TO 0.60 290.00 174.00 CC3 RESOLVE BANK CLAIMS. 2/12/07 FALLON, REBECCA M. PARALEGAL O/C'S A. MATTERA REGARDING CLAIMS. EXCHANGE E-MAILS AND MEET WITH D. 0.40 170.00 68.00 CC3 HIMELFARB REGARDING CLAIMS FILE. 2/14/07 MATTERA, ALEX F. ASSC REVIEW CLAIMS ANALYSIS AND BANK CLAIMS, CORRESPONDENCE AND TELEPHONE 1.10 290.00 319.00 CC3 CONFERENCES. 2/20/07 FALLON, REBECCA M. PARALEGAL O/C A. MATTERA. PROVIDE A. MATTERA WITH CLAIMS ANALYSIS. 0.40 170.00 68.00 CC3 2/20/07 FALLON, REBECCA M. PARALEGAL REVIEW FILES IN D. HIMELFARB'S OFFICE REGARDING CLAIMS. 0.30 170.00 51.00 CC3 2/20/07 MATTERA, ALEX F. ASSC REVIEW CLAIMS ANALYSIS AND ANALYZE BANK'S CLAIM, DRAFT CLAIMS OBJECTIONS 3.90 290.00 1,131.00 CC3 AND CORRESPONDENCE AND TELEPHONE CONFERENCE WITH D. LASSMAN. 2/21/07 MATTERA, ALEX F. ASSC REVIEW ALL FILED CLAIMS AND CLAIMS ANALYSIS PREPARED BY R. FALLON AND 2.70 290.00 783.00 CC3 BEGIN DRAFT CLAIMS OBJECTIONS. 2/22/07 MATTERA, ALEX F. ASSC CORRESPONDENCE WITH COUNSEL TO BANK TO RESOLVE CLAIMS. 0.60 290.00 174.00 CC3 2/23/07 MATTERA, ALEX F. ASSC CORRESPONDENCE WITH BANK COUNSEL REGARDING RESOLUTION OF BANK CLAIMS 0.60 290.00 174.00 CC3 AND RELATED MATTERS. 2/23/07 MATTERA, ALEX F. ASSC REVIEW AND REVISE DRAFT CLAIMS OBJECTIONS AND EXHIBIT OF CLAIMS ANALYSIS. 3.20 290.00 928.00 CC3 2/26/07 MATTERA, ALEX F. ASSC CORRESPONDENCE WITH M. HOFFMAN REGARDING SETTLEMENT WITH BANK AND 0.60 290.00 174.00 CC3 DEFICIENCY CLAIM AND SUBORDINATION ISSUES. 2/26/07 MATTERA, ALEX F. ASSC REVISIONS TO CLAIMS OBJECTIONS AND RELATED MATERIALS. 0.80 290.00 232.00 CC3 2/27/07 FALLON, REBECCA M. PARALEGAL RECEIVE AND REVIEW NOTICE FROM D. HIMELFARB REGARDING OBJECTION 1.00 170.00 170.00 CC3 DEADLINE. REVIEW ORDER AND PREPARE NOTICE OF OBJECTION DEADLINE. PREPARE CERTIFICATE OF SERVICE. PDF DOCUMENTS AND ELECTRONICALLY FILE SAME. 2/27/07 MATTERA, ALEX F. ASSC TELEPHONE CONFERENCES AND CORRESPONDENCE WITH M. HOFFMAN AND D. 0.80 290.00 232.00 CC3 LASSMAN REGARDING RESOLUTION OF BANK'S CLAIMS. 2/28/07 FALLON, REBECCA M. PARALEGAL RECEIVE AND REVIEW E-MAIL AND FORWARDED FAX FROM D. HIMELFARB. O/C A. 0.70 170.00 119.00 CC3 MATTERA REGARDING SERVICE. REVIEW SERVICE LIST. PREPARE CERTIFICATE OF SERVICE AND ELECTRONICALLY FILE SAME. 2/28/07 MATTERA, ALEX F. ASSC BEGIN DRAFT SETTLEMENT DOCUMENTS TO COMPROMISE CLAIM OF BANK. 2.70 290.00 783.00 CC3 2/28/07 MATTERA, ALEX F. ASSC CORRESPONDENCE AND TELEPHONE CONFERENCES REGARDING RESOLUTION OF 1.10 290.00 319.00 CC3 BANK'S CLAIM AND CLAIM ANALYSIS. 3/1/07 MATTERA, ALEX F. ASSC PREPARE FOR AND PARTICIPATE IN TELEPHONE CONFERENCE WITH D. LASSMAN 0.80 290.00 232.00 CC3 REGARDING CLAIMS OBJECTIONS. 3/1/07 MATTERA, ALEX F. ASSC BEGIN DRAFT MOTION TO COMPROMISE CLAIM OF BANK. 0.70 290.00 203.00 CC3 3/1/07 MATTERA, ALEX F. ASSC REVISIONS TO OMNIBUS CLAIMS OBJECTIONS AND DRAFT PROPOSED ORDER. 1.60 290.00 464.00 CC3 3/1/07 MATTERA, ALEX F. ASSC REVIEW ADMINISTRATIVE CHAPTER 11 CLAIMS BAR DATE ISSUES. 0.60 290.00 174.00 CC3 3/1/07 MATTERA, ALEX F. ASSC RESOLVE CLAIMS OF BANK AND TELEPHONE CONFERENCES AND CORRESPONDENCE 0.90 290.00 261.00 CC3 WITH M. HOFFMAN AND D. LASSMAN. 3/5/07 MATTERA, ALEX F. ASSC CORRESPONDENCE AND CONFERENCES WITH M. HOFFMAN REGARDING CLAIMS 0.60 290.00 174.00 CC3 OBJECTIONS. 3/7/07 MATTERA, ALEX F. ASSC BEGIN DRAFT BAR DATE MOTION FOR CHAPTER 11 ADMINISTRATIVE EXPENSE CLAIMS. 0.40 290.00 116.00 CC3 3/7/07 MATTERA, ALEX F. ASSC REVIEW CLAIMS OBJECTION, HEARING DATES, OBJECTION DEADLINE AND RELATED 0.70 290.00 203.00 CC3 MATTERS. 3/7/07 MATTERA, ALEX F. ASSC BEGIN DRAFT MOTION UNDER RULE 9019 TO COMPROMISE CLAIMS OF BANK. 1.20 290.00 348.00 CC3 3/9/07 MATTERA, ALEX F. ASSC TELEPHONE CONFERENCES AND CORRESPONDENCE REGARDING CLAIMS OF BANK 0.80 290.00 232.00 CC3 AND RESOLUTION. 3/12/07 MATTERA, ALEX F. ASSC CORRESPONDENCE AND TELEPHONE CONFERENCES WITH CLAIMANTS REGARDING 1.60 290.00 464.00 CC3 OBJECTIONS TO CLAIMS AND RELATED MATTERS. 3/16/07 MATTERA, ALEX F. ASSC REVIEW MOTION FOR EXTENSION, TELEPHONE CONFERENCES AND CORRESPONDENCE 0.90 290.00 261.00 CC3 AND CONFERENCES WITH D. HIMELFARB. 3/19/07 MATTERA, ALEX F. ASSC DRAFT BAR DATE MOTION AND ASSOCIATED PLEADINGS. 1.10 290.00 319.00 CC3 3/20/07 MATTERA, ALEX F. ASSC REVIEW RESPONSE TO CLAIMS OBJECTION BY THE MASSACHUSETTS DEPARTMENT OF 0.60 290.00 174.00 CC3 REVENUE AND CLAIMS ANALYSIS. 3/22/07 MATTERA, ALEX F. ASSC CONTINUE DRAFT BAR DATE MOTION AND REVIEW RELEVANT ORDERS AND DOCKET 1.10 290.00 319.00 CC3 EVENTS. 3/23/07 FALLON, REBECCA M. PARALEGAL RECEIVE AND REVIEW E-MAIL REQUEST FROM A. MATTERA. ASSIST H. O'DONNELL 0.30 170.00 51.00 CC3 WITH E-FILING OF MOTION. 3/23/07 MATTERA, ALEX F. ASSC COMPLETE DRAFT MOTION TO ESTABLISH CHAPTER 11 BAR DATE, PROPOSED ORDER 0.90 290.00 261.00 CC3 AND NOTICE. 3/26/07 MATTERA, ALEX F. ASSC REVIEW AND SERVE NOTICE OF BAR DATE ON PROFESSIONALS' CLAIMS. 0.30 290.00 87.00 CC3 3/26/07 MATTERA, ALEX F. ASSC REVIEW AMENDED CLAIMS AND CORRESPONDENCE WITH TRUSTEE REGARDING 0.70 290.00 203.00 CC3 RESPONSE AND STRATEGY. 3/27/07 MATTERA, ALEX F. ASSC DRAFT SECOND OMNIBUS OBJECTION TO CLAIMS ASSERTED BY AMERICAN EXPRESS 1.70 290.00 493.00 CC3 AND PRIOR AMENDED CLAIMS. 3/28/07 MATTERA, ALEX F. ASSC REVIEW AND FILE OBJECTION TO CLAIMS OF AMERICAN EXPRESS AND RELATED 1.10 290.00 319.00 CC3 SERVICE ISSUES. 3/29/07 MATTERA, ALEX F. ASSC REVIEW NOTICE, HEARING AND RESPONSE DEADLINE AND PREPARE SERVICE. 0.40 290.00 116.00 CC3 3/29/07 MATTERA, ALEX F. ASSC TELEPHONE CONFERENCES WITH MULTIPLE CLAIMANTS REGARDING OBJECTIONS, 1.20 290.00 348.00 CC3 STATUS, SPECIFIC CLAIMS AND REVIEW CLAIMS OBJECTIONS AND ANALYSIS. 4/2/07 DALE, CHARLES A. PARTNER QUICK REVIEW OF RESPONSE TO TRUSTEE'S MOTION. 0.20 450.00 90.00 CC3 4/3/07 MATTERA, ALEX F. ASSC REVISIONS TO ORDER ON FIRST OMNIBUS OBJECTION TO CLAIMS AND REVIEW BANK 1.10 290.00 319.00 CC3 SETTLEMENT AND RELATED MATERIALS. 4/4/07 MATTERA, ALEX F. ASSC REVIEW RESPONSES, PREPARE FOR AND PARTICIPATE IN LENGTHY CONFERENCE WITH 1.70 290.00 493.00 CC3 D. HIMELFARB, C. DALE REGARDING CLAIMS RESOLUTION, MOTION TO APPROVE SETTLEMENT, OBJECTIONS, STATUS AND RELATED ISSUES. 4/6/07 MATTERA, ALEX F. ASSC REVIEW RESPONSES TO CLAIMS OBJECTIONS, DRAFT HEARING AGENDA, PROPOSED 3.10 290.00 899.00 CC3 ORDER, EXHIBIT. 4/27/07 MATTERA, ALEX F. ASSC REVIEW RESPONSES TO CLAIMS OBJECTIONS 0.90 290.00 261.00 CC3 5/9/07 FALLON, REBECCA M. PARALEGAL O/C A. MATTERA REGARDING OBJECTIONS. RECEIVE AND REVIEW E-MAIL FROM A. 0.20 170.00 34.00 CC3 MATTERA. 5/9/07 MATTERA, ALEX F. ASSC REVIEW ALL RESPONSES AND DRAFT STATUS REPORT AND HEARING AGENDA FOR 3.40 290.00 986.00 CC3 FIRST AND SECOND OMNIBUS CLAIMS OBJECTIONS FOR HEARING 5/15. 5/9/07 MATTERA, ALEX F. ASSC REVIEW AMEX CLAIMS AND CORRESPONDENCE WITH COUNSEL REGARDING 0.70 290.00 203.00 CC3 OBJECTIONS. 5/10/07 MATTERA, ALEX F. ASSC REVISIONS TO DRAFT AGENDAS, ORDERS AND EXHIBITS IN PREPARATION OF CLAIMS 1.80 290.00 522.00 CC3 OBJECTION HEARINGS 5/15. 5/11/07 FALLON, REBECCA M. PARALEGAL RECEIVE REPORT AND AGENDA (1ST OBJECTION) FROM A. MATTERA FOR FILING. 0.80 170.00 136.00 CC3 REVIEW DOCKET FOR SERVICE INFORMATION. PREPARE CERTIFICATE OF SERVICE. PDF DOCUMENTS FOR FILING. 5/11/07 FALLON, REBECCA M. PARALEGAL RECEIVE REPORT AND AGENDA (2ND) FROM A. MATTERA. PREPARE CERTIFICATE OF 0.80 170.00 136.00 CC3 SERVICE. PDF DOCUMENTS AND ATTEND TO FILING OF SAME. 5/11/07 MATTERA, ALEX F. ASSC CORRESPONDENCE AND TELEPHONE CONFERENCES WITH COUNSEL TO AMEX 0.80 290.00 232.00 CC3 REGARDING CLAIMS OBJECTIONS AND RESOLUTION. 5/11/07 MATTERA, ALEX F. ASSC REVISIONS TO HEARING AGENDAS AND SUPPORTING DOCUMENTATION AND 0.90 290.00 261.00 CC3 TELEPHONE CONFERENCES WITH COUNSEL TO CLAIMANTS. 5/14/07 FALLON, REBECCA M. PARALEGAL O/C A. MATTERA. FOLLOW UP WITH CLERK'S OFFICE ON HEARINGS SCHEDULED FOR 0.20 170.00 34.00 CC3 MAY 15TH. REPORT TO A. MATTERA. 5/14/07 FALLON, REBECCA M. PARALEGAL P/C CLERK'S OFFICE — HEARINGS TAKEN OFF CALENDAR AND CHANGES TO ORDER. O/C 0.20 170.00 34.00 CC3 A. MATTERA REGARDING THE SAME. 5/14/07 HIMELFARB, DAVID ASSC REVIEW COURT ORDERS RELATING TO OMNIBUS CLAIMS OBJECTIONS (0.3). 0.30 325.00 97.50 CC3 5/14/07 MATTERA, ALEX F. ASSC TELEPHONE CONFERENCE AND CORRESPONDENCE WITH CLAIMANT REGARDING 1.90 290.00 551.00 CC3 HEARING ON CLAIMS OBJECTIONS, SETTLED AMOUNTS AND RELATED ISSUES, AND FOLLOW UP WITH COURT ON ORDERS, REVIEW. 5/15/07 FALLON, REBECCA M. PARALEGAL O/C A. MATTERA REGARDING CHANGE TO ORDER. PLACE CALL TO JUDGE SOMMA'S 0.20 170.00 34.00 CC3 CLERK AND DISCUSS THE SAME. 5/15/07 MATTERA, ALEX F. ASSC REVIEW ORDERS ON CLAIMS OBJECTIONS AND CONFERENCES AND CORRESPONDENCE 1.10 290.00 319.00 CC3 WITH COURT, TRUSTEE AND OTHER PARTIES IN INTEREST ON STATUS, DISTRIBUTIONS AND RELATED MATTERS. 5/16/07 MATTERA, ALEX F. ASSC REVIEW ORDERS ENTERED ON CLAIMS OBJECTIONS AND ANALYSIS PREPARED BY 0.90 290.00 261.00 CC3 TRUSTEE, CORRESPONDENCE WITH TRUSTEE AND TELEPHONE CONFERENCES WITH COURT. 5/17/07 FALLON, REBECCA M. PARALEGAL RECEIVE E-MAIL FROM A. MATTERA WITH DOCUMENTS FOR FILING. PREPARE 1.00 170.00 170.00 CC3 CERTIFICATE OF SERVICE. PDF PLEADINGS AND ELECTRONICALLY FILE SAME. ATTEND TO SERVICE OF PLEADINGS. 5/17/07 MATTERA, ALEX F. ASSC REVIEW ORDER, CLAIMS ANALYSIS AND REPORT AND HEARING AGENDA, AND DRAFT 1.10 290.00 319.00 CC3 MOTION TO AMEND ORDER ON FIRST OMNIBUS CLAIMS OBJECTION, AMENDED ORDER AND EXHIBIT. 5/17/07 MATTERA, ALEX F. ASSC CORRESPONDENCE WITH D. LASSMAN AND REVIEW OF CLAIMS REGARDING ORDERS 0.60 290.00 174.00 CC3 AND DISTRIBUTIONS. 5/18/07 MATTERA, ALEX F. ASSC CORRESPONDENCE AND CONFERENCES REGARDING CLAIMS DISPOSITION AND 0.90 290.00 261.00 CC3 STATUS. ___________ ________________ 87.60 23,598.50EXBHIT C-4
DATE TKPR NAME RANK- NARRATIVE BILLED RATE VALUE TASK DESC HOURS CODE 2.60 754.00 EXHIBIT C-4 REAL ESTATE/EXECUTORY CONTRACTS 8/30/04 MATTERA, ALEX F. ASSC TELEPHONE CONFERENCES WITH P. COTTAM, TENANT AT BUILDING 616, REGARDING 0.40 245.00 98.00 CC4 INSURANCE ISSUES, COMPLIANCE WITH TRUSTEE'S REQUESTS AND POTENTIAL SALE OF REAL ESTATE. 8/30/04 MATTERA, ALEX F. ASSC FOLLOW-UP WITH TRUSTEE ON COTTAM CONFERENCES. 0.20 245.00 49.00 CC4 9/14/04 MATTERA, ALEX F. ASSC TELEPHONE CONFERENCE WITH P. COTTAM REGARDING SEPTEMBER RENT, POTENTIAL 0.40 245.00 98.00 CC4 OFFER TO PURCHASE, STATUS OF LEASE AND OTHER OPEN MATTERS. 9/14/04 MATTERA, ALEX F. ASSC CORRESPONDENCE WITH KROCK AND D. LASSMAN REGARDING SALE EFFORTS, RENT 0.20 245.00 49.00 CC4 ISSUES AND RELATED MATTERS. 9/23/04 MATTERA, ALEX F. ASSC TELEPHONE CONFERENCES WITH P. COTTAM REGARDING RENT DUE AND RELATED 0.40 245.00 98.00 CC4 ISSUES. 9/24/04 MATTERA, ALEX F. ASSC TELEPHONE CONFERENCES WITH TENANT, PAUL COTTAM, AND CONFERENCES WITH 0.50 245.00 122.50 CC4 W. HOWELL, REGARDING DISPOSITION OF LEASEHOLD INTEREST. 9/27/04 DALE, CHARLES A. PARTNER CONFER WITH A. MATTERA RE REAL ESTATE AND LITIGATION ASSETS 0.40 425.00 170.00 CC4 9/28/04 MATTERA, ALEX F. ASSC REVIEW INFORMATION REGARDING PROPERTY, PURPORTED INTERESTS THEREIN, AND 1.20 245.00 294.00 CC4 STIPULATION AND RELATED AGREEMENTS WITH BOSTON FEDERAL SAVINGS BANK, AND DRAFT NOTICE OF ABANDONMENT AND MOTION FOR EMERGENCY DETERMINATION. 9/30/04 MATTERA, ALEX F. ASSC TELEPHONE CONFERENCE WITH P. COTTAM REGARDING RENT. 0.30 245.00 73.50 CC4 10/4/04 MATTERA, ALEX F. ASSC CONFERENCES AND CORRESPONDENCE WITH M. HOFFMAN AND D. LASSMAN 0.60 245.00 147.00 CC4 REGARDING RENTS, ABANDONMENT, ACCOUNTING AND RELIEF FROM STAY, DISPOSITION OF COLLATERAL. 10/8/04 MATTERA, ALEX F. ASSC REVIEW CORRESPONDENCE OF COUNSEL TO BANK AND ACCOUNTING PROVIDED BY D. 0.40 245.00 98.00 CC4 LASSMAN, LEASE FROM COTTAM. 10/15/04 MATTERA, ALEX F. ASSC CORRESPONDENCE WITH D. LASSMAN REGARDING PREPETITION LITIGATION V. 0.30 245.00 73.50 CC4 FORMER TENANTS AND SETTLEMENT OFFER. 11/2/04 MATTERA, ALEX F. ASSC CORRESPONDENCE WITH D. LASSMAN AND TELEPHONE CONFERENCE WITH J. DAVIS 0.60 245.00 147.00 CC4 REGARDING PRODUCTION OF DOCUMENTS AND STATUS OF PREPETITION LITIGATION VERSUS FORMER TENANTS. 11/10/04 MATTERA, ALEX F. ASSC RESPOND TO INQUIRIES FROM PARTIES-IN-INTEREST REGARDING REAL ESTATE STATUS 0.30 245.00 73.50 CC4 AND PROCEEDINGS. 12/10/04 MATTERA, ALEX F. ASSC PREPARE FOR AND PARTICIPATE IN LENGTHY TELEPHONE CONFERENCE WITH J. DAVIS 0.80 245.00 196.00 CC4 REGARDING POTENTIAL CLAIMS AGAINST CURRENT TENANT, EXCHANGE OF DOCUMENTS AND STATUS OF PROCEEDINGS. 12/16/04 MATTERA, ALEX F. ASSC LENGTHY TELEPHONE CONFERENCE WITH M. HOFFMAN REGARDING FORECLOSURE 0.90 245.00 220.50 CC4 SALE, CONTINUED LIQUIDATION EFFORTS OF BANK, CLAIMS AGAINST FORMER TENANTS, PENDING STATE COURT ACTIONS, POTENTIAL CLAIMS AGAINST CURRENT TENANT, AND RELATED OPEN ISSUES, AND REVIEW OF COVERED MATTERS. 1/10/05 HIMELFARB, DAVID ASSC REVIEW FILES INCLUDING LEASE, AND DRAFT DEMAND LETTER TO CRA. 290.00 CC4 10.50 2,761.50EXHIBIT C-5
DATE TKPR NAME RANK- NARRATIVE BILLED RATE VALUE TASK DESC HOURS CODE EXHIBIT C-5 GENERAL LITIGATION 8/30/04 FALLON, REBECCA M. PARALEGAL E-MAIL AND RECEIVE REPLY FROM A. MATTERA RE DATE OF DEPOSITION AND COURT 0.20 145.00 29.00 CC5 REPORTER. 8/30/04 FALLON, REBECCA M. PARALEGAL P/C J. DAVIS RE ADDRESS INFORMATION; REVISE 2004 MOTION AND SERVICE LIST; PDF 0.80 145.00 116.00 CC5 FOR FILING; ELECTRONICALLY FILE 2004 MOTION AND SUPERVISE SERVICE OF SAME. 8/30/04 MATTERA, ALEX F. ASSC RESOLVE OPEN ISSUES WITH RESPECT TO 2004 EXAM MOTION. 0.30 245.00 73.50 CC5 9/15/04 MATTERA, ALEX F. ASSC TELEPHONE CONFERENCES WITH COUNSEL TO DEBTOR REGARDING 2004 EXAM. 0.30 245.00 73.50 CC5 9/21/04 MATTERA, ALEX F. ASSC TELEPHONE CONFERENCE WITH DEBTOR'S COUNSEL REGARDING 2004 EXAMINATION. 0.30 245.00 73.50 CC5 9/21/04 MATTERA, ALEX F. ASSC TELEPHONE CONFERENCE WITH PREPETITION COUNSEL TO DEBTOR REGARDING 0.40 245.00 98.00 CC5 CAUSES OF ACTION AND DEBTOR RECORDS. 9/23/04 MATTERA, ALEX F. ASSC TELEPHONE CONFERENCES WITH J. DAVIS REGARDING 2004 EXAMINATION OF T. 0.40 245.00 98.00 CC5 MOSCONE AND CONTINUED 341 MEETING. 9/24/04 MATTERA, ALEX F. ASSC TELEPHONE CONFERENCES WITH J. DAVIS REGARDING 2004 EXAMINATION. 0.30 245.00 73.50 CC5 9/28/04 MATTERA, ALEX F. ASSC TRAVEL TO AND REVIEW PLEADINGS AND RELATED FILES WITH RESPECT TO DEBTOR'S 3.40 245.00 833.00 CC5 PREPETITION CAUSES OF ACTION AT OFFICES OF PREPETITION LITIGATION COUNSEL. R. MCLEOD. 9/30/04 MATTERA, ALEX F. ASSC PREPARE FOR AND CONDUCT 2004 EXAMINATION OF TOM MOSCONE. 2.70 245.00 661.50 CC5 9/30/04 MATTERA, ALEX F. ASSC TELEPHONE CONFERENCE WITH D. LASSMAN REGARDING 2004 EXAM AND OPEN 0.30 245.00 73.50 CC5 ISSUES. 10/13/04 MATTERA, ALEX F. ASSC TELEPHONE CONFERENCES WITH R. MCLEOD REGARDING TURNOVER OF DOCUMENTS. 0.40 245.00 98.00 CC5 11/10/04 MATTERA, ALEX F. ASSC BRIEF TELEPHONE CONFERENCE WITH D. LASSMAN REGARDING STATUS AND 0.30 245.00 73.50 CC5 STRATEGY FOR LIQUIDATION OF CAUSES OF ACTION. 11/17/04 COPPINGER, PETER M. PARTNER REVIEW FILE. 0.60 360.00 216.00 CC5 11/23/04 MATTERA, ALEX F. ASSC CORRESPONDENCE WITH D. LASSMAN REGARDING STATUS OF 2004 EXAMS AND 0.30 245.00 73.50 CC5 RELATED ISSUES. 11/24/04 MATTERA, ALEX F ASSC REVIEW TRANSCRIPT OF MOSCONE 2004 EXAM AND BRIEF CORRESPONDENCE AND 0.60 245.00 147.00 CC5 CONFERENCE WITH P. COPPINGER. 11/30/04 MATTERA, ALEX F. ASSC REVIEW FILE ON CAUSES OF ACTION VERSUS FORMER TENANTS AND TRANSCRIPT OF 0.70 245.00 171.50 CC5 2004 EXAM, REQUEST TRANSCRIPT OF 341 MEETING. 12/3/04 FALLON, REBECCA M. PARALEGAL O/C A. MATTERA RE SUGGESTION OF BANKRUPTCY. 0.10 145.00 14.50 CC5 12/3/04 MATTERA, ALEX F. ASSC TELEPHONE CONFERENCE WITH COUNSEL TO FORMER TENANT REGARDING PENDING 0.90 245.00 220.50 CC5 STATE LAW ACTION, SUGGESTION OF BANKRUPTCY, POTENTIAL DEPOSITION OF TENANT, POSSIBLE SETTLEMENT. REVIEW PLEADINGS AND BACKGROUND INFORMATION. 12/6/04 FALLON, REBECCA M. PARALEGAL O/C A. MATTERA RE SUGGESTION OF BANKRUPTCY. REVIEW COMPLAINT. PLACE CALL 2.10 145.00 304.50 CC5 TO CLERK'S OFFICE REGARDING SAME; O/C A. MATTERA RE APPEARANCE ISSUE. ACCESS COURT WEBSITE RE DOCKET OF SUPERIOR COURT ACTION. PREPARE SUGGESTION OF BANKRUPTCY AND CERTIFICATE OF SERVICE. PLACE CALL TO ATTY. FINE RE SUGGESTION OF BANKRUPTCY; REVISE SUGGESTION OF BANKRUPTCY AND E- MAIL TO R. FINE. RECEIVE APPROVAL FROM R. FINE VIA E-MAIL. PREPARE COVER LETTER TO COURT. P/C ATTY FINE RE COURT'S REQUEST FOR ASSENT TO CONTINUANCE; O/C A. MATTERA RE SAME. 12/6/04 MATTERA, ALEX F. ASSC REVIEW SUGGESTION OF BANKRUPTCY PREPARED BY R. FALLON AND COORDINATE 0.40 245.00 98.00 CC5 FILING, CONFERENCES WITH OPPOSING COUNSEL. 12/7/04 MATTERA, ALEX F. ASSC REVIEW AND REPORT ON STATUS OF STATE COURT LITIGATION, CLAIMS AGAINST 0.90 245.00 220.50 CC5 FORMER TENANTS OF DEBTOR, AND TELEPHONE CONFERENCES WITH D. LASSMAN. 12/10/04 MATTERA, ALEX F. ASSC PREPARE FOR AND PARTICIPATE IN LENGTHY CONFERENCE WITH D. HIMELFARB 1.70 245.00 416.50 CC5 REGARDING CAUSES OF ACTION AGAINST FORMER TENANTS OF THE DEBTOR. 12/27/04 MATTERA, ALEX F. ASSC REVIEW STATUS OF OPEN MATTERS, INCLUDING BANK SECURITY INTEREST IN CAUSES 1.40 245.00 343.00 CC5 OF ACTION, PENDING LITIGATION, CORRESPONDENCE WITH D. LASSMAN, D. HIMELFARB. 1/5/05 HIMELFARB, DAVID ASSC REVIEW PLEADINGS AND FILE CONCERNING STM'S POTENTIAL CLAIMS AGAINST ITS 1.20 290.00 348.00 CC5 FORMER TENANTS. 1/6/05 MATTERA, ALEX F. ASSC REVIEW CORRESPONDENCE OF J. DAVIS AND D. LASSMAN AND DRAFT RESPONSE 0.50 245.00 122.50 CC5 REGARDING STM LITIGATION. 1/6/05 MATTERA, ALEX F. ASSC REVIEW BANK LOAN DOCS AND ISSUE OF SECURITY INTEREST IN CAUSES OF ACTION, 0.40 245.00 98.00 CC5 CARVE-OUT. 1/7/05 MATTERA, ALEX F. ASSC TELEPHONE CONFERENCE WITH D. LASSMAN AND CORRESPONDENCE WITH J. DAVIS 0.30 245.00 73.50 CC5 REGARDING CAUSES OF ACTION. 1/7/05 MATTERA, ALEX F. ASSC CORRESPONDENCE WITH BANK COUNSEL REGARDING SECURITY INTEREST AND 0.20 245.00 49.00 CC5 CARVE-OUT. 1/11/05 MATTERA, ALEX F. ASSC REVIEW CORRESPONDENCE DRAFTED BY D. HIMELFARB REGARDING CAUSES OF 0.70 245.00 171.50 CC5 ACTION, UNDERLYING MATERIALS, CONFERENCE WITH C. DALE. 1/13/05 MATTERA, ALEX F. ASSC REVIEW CORRESPONDENCE DRAFTED BY D. HIMELFARB AND CONFERENCE WITH C. 0.50 245.00 122.50 CC5 DALE. 1/14/05 MATTERA, ALEX F. ASSC CONFERENCES WITH D. HIMELFARB, C. DALE REGARDING PENDING LITIGATION, 1.80 245.00 441.00 CC5 CORRESPONDENCE AND FACTUAL BACKGROUND. 1/18/05 MATTERA, ALEX F. ASSC CONFERENCE WITH DAVID HIMELFARB REGARDING LITIGATION. 0.40 245.00 98.00 CC5 1/25/05 MATTERA, ALEX F. ASSC BRIEF STATUS REVIEW REGARDING PREFERENCE ANALYSIS, BANK DOCUMENTS, 0.40 245.00 98.00 CC5 CARVE-OUT FOR LITIGATION. 1/31/05 MATTERA, ALEX F. ASSC CORRESPONDENCE WITH BANK REGARDING CARVE-OUT FOR LITIGATION. 0.20 245.00 49.00 CC5 2/1/05 MATTERA, ALEX F. ASSC CORRESPONDENCE WITH J. DAVIS REGARDING CRA LAWSUIT AND CONTACT 0.20 245.00 49.00 CC5 INFORMATION. 2/2/05 MATTERA, ALEX F. ASSC CONFERENCES AND CORRESPONDENCE WITH D. HIMELFARB AND D. LASSMAN 0.90 245.00 220.50 CC5 REGARDING LITIGATION V. FORMER TENANTS. 2/16/05 MATTERA, ALEX F. ASSC BRIEF CORRESPONDENCE WITH D. HIMELFARB REGARDING STATUS OF CLAIMS V. 0.20 245.00 49.00 CC5 FORMER TENANTS. 2/22/05 MATTERA, ALEX F. ASSC REVIEW STATUS OF LITIGATION AND CORRESPONDENCE OF D. HIMELFARB. 0.20 245.00 49.00 CC5 3/9/05 MATTERA, ALEX F. ASSC LENGTHY CONFERENCE WITH D. HIMELFARB REGARDING STATUS OF LITIGATION AND 0.40 245.00 98.00 CC5 STRATEGY. REVIEW CORRESPONDENCE. 3/10/05 MATTERA, ALEX F. ASSC REVIEW STATUS OF CRA SUIT, CORRESPONDENCE, AND CONFERENCE WITH D. 0.60 245.00 147.00 CC5 HIMELFARB. 3/14/05 COPPINGER, PETER M. PARTNER EMAILS REGARDING POTENTIAL SETTLEMENT MEETING. 0.10 360.00 36.00 CC5 3/24/05 MATTERA, ALEX F. ASSC TELEPHONE CONFERENCE WITH D. LASSMAN AND COORDINATE MEETING, STATUS 0.20 245.00 49.00 CC5 WITH D. HIMELFARB. 3/25/05 MATTERA, ALEX F. ASSC REVIEW CORRESPONDENCE OF D. HIMELFARB AND COORDINATE MEETING, REVIEW 0.40 245.00 98.00 CC5 BACKGROUND INFORMATION. 6/8/07 HIMELFARB, DAVID ASSC PREPARE FOR 9019 MOTION BY REVIEWING DEPOSITION TRANSCRIPTS. 2.50 325.00 812.50 CC5 6/11/07 HIMELFARB, DAVID ASSC PREPARE FOR HEARING ON MOTION TO APPROVE SETTLEMENT. 6.00 325.00 1,950.00 CC5 6/12/07 HIMELFARB, DAVID ASSC PREPARE FOR HEARING ON SETTLEMENT MOTION (2.3); 2.30 325.00 747.50 CC5 6/12/07 HIMELFARB, DAVID ASSC EMAILS WITH MR. LOFTUS, MR. LASSMAN, MR. DALE, AND MR. FEEHERRY REGARDING 0.50 325.00 162.50 CC5 SETTLEMENT (.5). 6/12/07 HIMELFARB, DAVID ASSC TRAVEL TO COURT AND ATTEND HEARING ON SETTLEMENT MOTION 2.60 325.00 845.00 CC5 6/12/07 SCHREUER, ELISABETH S. ASSC PREPARE FOR AND ATTEND HEARING ON SETTLEMENT 4.10 320.00 1,312.00 CC5 __________ _______________ 47.60 12,896.00EXHIBIT C-6
DATE TKPR NAME RANK- NARRATIVE BILLED RATE VALUE TASK DESC HOURS CODE EXHIBIT C-6 CRA LITIGATION 2/15/05 MATTERA, ALEX F. ASSC BRIEF CORRESPONDENCE WITH D. LASSMAN REGARDING STM STATUS. REVIEW 0.40 245.00 98.00 CC6 CORRESPONDENCE OF D. HIMELFARB AND CORRESPONDENCE OF CRA COUNSEL. 3/3/05 HIMELFARB, DAVID ASSC DRAFT RESPONSE TO MR. FEEHERRY'S LETTER; CONDUCT LEGAL RESEARCH 7.20 290.00 2,088.00 CC6 REGARDING SAME. 3/4/05 HIMELFARB, DAVID ASSC WORK ON RESPONSE TO MR. FEEHERRY'S LETTER; CONDUCT LEGAL RESEARCH ON 6.10 290.00 1,769.00 CC6 CONSTRUCTIVE EVICTION; REVIEW CASE LAW. 3/10/05 HIMELFARB, DAVID ASSC DISCUSS MESSAGE FROM MR. FEEHERRY WITH MR. COPPINGER AND MR. MATTERA. 0.30 290.00 87.00 CC6 3/14/05 MATTERA, ALEX F. ASSC REVIEW CRA LITIGATION STATUS, EMAIL CORRESPONDENCE OF D. HIMELFARB. 0.20 245.00 49.00 CC6 3/30/05 HIMELFARB, DAVID ASSC PREPARE FOR SETTLEMENT CONFERENCE ON STM'S CLAIM AGAINST CRA, INCLUDING 3.00 290.00 870.00 CC6 DRAFTING A MEMORANDUM AND REVIEWING CORRESPONDENCE. 3/30/05 MATTERA, ALEX F. ASSC TELEPHONE CONFERENCE WITH R. MCLEOD, CONFERENCE AND CORRESPONDENCE 0.70 245.00 171.50 CC6 WITH D. HIMELFARB REGARDING STATUS OF LITIGATION, POTENTIAL SETTLEMENT OF SUIT, AND REVIEW OF OPEN ISSUES. 3/31/05 COPPINGER, PETER M. PARTNER CONFERENCE REGARDING SETTLEMENT STRATEGY; REVIEW BACKGROUND 0.90 360.00 324.00 CC6 CORRESPONDENCE; CONFERENCE REGARDING SAME. 3/31/05 HIMELFARB, DAVID ASSC PREPARE FOR SETTLEMENT CONFERENCE AND DISCUSS CONFERENCE WITH MR. 2.70 290.00 783.00 CC6 COPPINGER. 3/31/05 MATTERA, ALEX F. ASSC REVIEW CORRESPONDENCE OF D. HIMELFARB TO R. MCLEOD AND STATUS BRIEFLY IN 0.30 245.00 73.50 CC6 PREPARATION OF 4/1 MEETING. 4/1/05 HIMELFARB, DAVID ASSC PREPARE FOR AND ATTEND SETTLEMENT MEETING. 4.50 290.00 1,305.00 CC6 4/1/05 MATTERA, ALEX F. ASSC PREPARE FOR AND PARTICIPATE IN SETTLEMENT NEGOTIATIONS WITH CRA, D. 4.60 245.00 1,127.00 CC6 HIMELFARB AND D. LASSMAN. 4/12/05 MATTERA, ALEX F. ASSC CORRESPONDENCE WITH D. LASSMAN AND CONFERENCE WITH D. HIMELFARB 0.30 245.00 73.50 CC6 REGARDING STATUS OF CRA LITIGATION. 4/14/05 MATTERA, ALEX F. ASSC CONFERENCE WITH D. HIMELFARB REGARDING CRA STATUS AND STRATEGY. 0.20 245.00 49.00 CC6 4/21/05 HIMELFARB, DAVID ASSC WORK ON COMPLAINT AGAINST CRA. 2.20 290.00 638.00 CC6 4/22/05 HIMELFARB, DAVID ASSC COMPLETE FIRST DRAFT OF COMPLAINT AGAINST CRA. 3.20 290.00 928.00 CC6 4/27/05 MATTERA, ALEX F. ASSC TELEPHONE CONFERENCE WITH ATTORNEY SYLVIA AND REVIEW FAX DOCUMENTS 0.50 245.00 122.50 CC6 REGARDING CLAIMS OF DEBTOR, BACKGROUND INFORMATION. 4/27/05 MATTERA, ALEX F. ASSC TELEPHONE CONFERENCE WITH R. FINE REGARDING SETTLEMENT STATUS AND 0.30 245.00 73.50 CC6 PENDING STATUS HEARING IN STATE COURT. 4/28/05 FALLON, REBECCA M. PARALEGAL O/C A. MATTERA RE ANALOG AND JUDGMENT. ACCESS MA SOS WEBSITE AND 0.30 145.00 43.50 CC6 CONDUCT SEARCH FOR COMPANY RECORDS. DOWNLOAD AND PRINT RECORDS FOR A. MATTERA'S REVIEW. 5/2/05 MATTERA, ALEX F. ASSC REVIEW COMMENTS OF D. LASSMAN TO CRA COMPLAINT. 0.40 245.00 98.00 CC6 5/2/05 MATTERA, ALEX F. ASSC REVIEW STATUS OF 2004 EXAMS. 0.30 245.00 73.50 CC6 5/4/05 MATTERA, ALEX F. ASSC REVIEW AND REVISE CRA ADVERSARY COMPLAINT. 1.20 245.00 294.00 CC6 5/5/05 COPPINGER, PETER M. PARTNER REVIEW DRAFT COMPLAINT FOR BANKRUPTCY ADVERSARY PROCEEDING; 0.80 360.00 288.00 CC6 CONFERENCE REGARDING SAME. 5/5/05 HIMELFARB, DAVID ASSC REVISE COMPLAINT AGAINST CRA; DRAFT AND FILE NOTICE OF APPEARANCE IN 1.80 290.00 522.00 CC6 NORFOLK SUPERIOR COURT; SEND MR. FINE STIPULATION OF DISMISSAL. 5/9/05 HIMELFARB, DAVID ASSC FINALIZE AND FILE COMPLAINT AND ADVERSARY PROCEEDING COVER SHEET. 1.70 290.00 493.00 CC6 5/9/05 MATTERA, ALEX F. ASSC REVIEW AS-FILED COMPLAINT AGAINST CRA. 0.40 245.00 98.00 CC6 5/10/05 HIMELFARB, DAVID ASSC COMPLETE AND FILE SUMMONS AND CERTIFICATE OF SERVICE AND SERVE SUMMONS 1.30 290.00 377.00 CC6 AND COMPLAINT ON CRA; DISTRIBUTE FILINGS TO MR. LASSMAN; DRAFT AND FILE SEPARATE CERTIFICATE OF SERVICE. 5/12/05 COPPINGER, PETER M. PARTNER CONFERENCE REGARDING COMPLAINT; NEXT STEPS. 0.20 360.00 72.00 CC6 5/19/05 MATTERA, ALEX F. ASSC REVIEW PREFERENCE ISSUES AND CORRESPONDENCE WITH D. LASSMAN. 0.30 245.00 73.50 CC6 6/6/05 MATTERA, ALEX F. ASSC REVIEW CORRESPONDENCE OF ATTORNEY SYLVIA REGARDING CRA CLAIMS AND 0.60 245.00 147.00 CC6 RELATED ISSUES AND TELEPHONE CONFERENCE WITH SYLVIA. 6/7/05 MATTERA, ALEX F. ASSC TELEPHONE CONFERENCE WITH D. LASSMAN REGARDING CLAIMS RAISED BY 0.50 245.00 122.50 CC6 ATTORNEY SYLVIA, PENDING LITIGATION AND CLAIMS ANALYSIS AND REVIEW SAME. 6/8/05 MATTERA, ALEX F. ASSC REVIEW MATERIALS PROVIDED BY ATTORNEY SYLVIA IN CONNECTION WITH CRA 0.50 245.00 122.50 CC6 CLAIMS AND LITIGATION. 6/20/05 COPPINGER, PETER M. PARTNER REVIEW PLEADING, MOTION FILED BY STM; CONFERENCE REGARDING SAME. 0.40 360.00 144.00 CC6 6/20/05 HIMELFARB, DAVID ASSC REVIEW PLEADINGS RECENTLY FILED WITH THE COURT; BEGIN RESEARCHING LAW ON 3.00 290.00 870.00 CC6 MOTION TO WITHDRAW THE REFERENCE. 6/21/05 HIMELFARB, DAVID ASSC DRAFT REPLY TO COUNTERCLAIMS; CONDUCT LEGAL RESEARCH ON MOTION TO 4.70 290.00 1,363.00 CC6 WITHDRAW THE REFENCE ISSUE. 6/21/05 MATTERA. ALEX F. ASSC CONFERENCE WITH D. HIMELFARB, C. DALE REGARDING ANSWER AND MOTION TO 0.60 245.00 147.00 CC6 WITHDRAW REFERENCE OF CRA AND REVIEW PLEADINGS. 6/22/05 MATTERA, ALEX F. ASSC REVIEW PLEADINGS AND CORRESPONDENCE WITH D. HIMELFARB REGARDING 0.40 245.00 98.00 CC6 RESPONSE TO CRA MOTION TO WITHDRAW THE REFERENCE. 6/23/05 HIMELFARB, DAVID ASSC RESEARCH AND DRAFT OPPOSITION TO MOTION TO WITHDRAW THE REFERENCE. 6.10 290.00 1,769.00 CC6 6/24/05 HIMELFARB, DAVID ASSC REVISE OPPOSITION TO MOTION TO WITHDRAW THE REFERENCE AND SEND TO MR. 1.30 290.00 377.00 CC6 LASSMAN. 6/27/05 COPPINGER, PETER M. PARTNER REVIEW AND REVISE OPPOSITION TO MOTION TO WITHDRAW REFERENCE; CONFER 0.70 360.00 252.00 CC6 REGARDING SAME. 6/27/05 HIMELFARB, DAVID ASSC EDIT AND FILE OPPOSITION TO MOTION TO WITHDRAW THE REFERENCE. 1.80 290.00 522.00 CC6 6/28/05 MATTERA, ALEX F. ASSC REVIEW STATUS OF CRA LITIGATION AND OPPOSITION DRAFTED BY D. HIMELFARB. 0.60 245.00 147.00 CC6 6/29/05 COPPINGER, PETER M. PARTNER REVIEW MOTION REFERENCE TO DISTRICT COURT; E-MAILS REGARDING SAME. 0.30 360.00 108.00 CC6 6/29/05 MATTERA, ALEX F. ASSC REVIEW RECENT PLEADINGS AND ORDERS, NOTICES REGARDING CRA LITIGATION. 0.40 245.00 98.00 CC6 7/11/05 MATTERA, ALEX F. ASSC REVIEW DISTRICT COURT DOCKETING IN CRA LITIGATION. 0.30 245.00 73.50 CC6 7/15/05 HIMELFARB, DAVID ASSC DRAFT MOTION TO DISMISS AND/OR STRIKE COUNTERCLAIMS AND JURY DEMAND. 5.70 290.00 1,653.00 CC6 7/19/05 COPPINGER, PETER M. PARTNER REVIEW, REVISE MOTION TO STRIKE OR DISMISS COUNTERCLAIMS; CONFERENCE 0.60 360.00 216.00 CC6 REGARDING SAME. 7/22/05 HIMELFARB, DAVID ASSC FINALIZE AND FILE MOTION TO STRIKE AND/OR DISMISS; DRAFT MOTION; DRAFT 0.80 290.00 232.00 CC6 COVER LETTER TO OPPOSING COUNSEL. 8/1/05 HIMELFARB, DAVID ASSC REVIEW OPPOSITION TO MOTION TO STRIKE AND DRAFT EMAIL WITH THOUGHTS ON 0.30 290.00 87.00 CC6 SAME. 8/1/05 MATTERA, ALEX F. ASSC REVIEW RESPONSE OF CRA TO TRUSTEE'S MOTION TO STRIKE AND RELATED 0.90 245.00 220.50 CC6 MATERIALS. 8/2/05 HIMELFARB, DAVID ASSC DRAFT EMAIL TO OPPOSING COUNSEL REGARDING MEDIATION. 0.20 290.00 58.00 CC6 8/2/05 MATTERA, ALEX F. ASSC CORRESPONDENCE AND CONFERENCES WITH D. HIMELFARB AND C. DALE REGARDING 0.30 245.00 73.50 CC6 MEDIATION OF CRA DISPUTE. 8/2/05 MATTERA, ALEX F. ASSC REVIEW RESPONSE TO MOTION TO STRIKE, ORDER ON MOTION, AND 0.50 245.00 122.50 CC6 CORRESPONDENCE OF D. HIMELFARB. 8/5/05 MATTERA, ALEX F. ASSC CONFERENCES WITH C. DALE AND D. HIMELFARB REGARDING MEDIATION OF CRA 0.40 245.00 98.00 CC6 DISPUTE. 8/5/05 MATTERA, ALEX F. ASSC REVIEW REPLY BRIEF OF CRA TO MOTION TO STRIKE JURY DEMAND. 0.50 245.00 122.50 CC6 8/16/05 MATTERA, ALEX F. ASSC CORRESPONDENCE WITH D. HIMELFARB REGARDING MEDIATION OF CRA DISPUTE. 0.30 245.00 73.50 CC6 8/22/05 MATTERA, ALEX F. ASSC TELEPHONE CONFERENCE WITH J. ESHER REGARDING PROPOSED MEDIATION OF CRA 0.40 245.00 98.00 CC6 DISPUTE. 8/24/05 MATTERA, ALEX F. ASSC REVIEW MATERIALS PREPARED BY E. SYLVIA REGARDING CRA LITIGATION. 0.20 245.00 49.00 CC6 8/24/05 MATTERA, ALEX F. ASSC LENGTHY CONFERENCE WITH D. HIMELFARB REGARDING CRA LITIGATION AND BEGIN 0.90 245.00 220.50 CC6 DRAFT MOTION TO APPROVE MEDIATION. 8/26/05 HIMELFARB, DAVID ASSC REVIEW CORRESPONDENCE FROM MR. SYLVIA AND MR. LOFTUS (WITH 2.40 290.00 696.00 CC6 ATTACHMENTS); DRAFT LETTER REQUEST FOR DOCUMENTS FOR MR. FEEHERRY. 8/26/05 MATTERA, ALEX F. ASSC CONFERENCE WITH D. HIMELFARB REGARDING CLAIMS OF CRA AND MEDIATION AND 0.80 245.00 196.00 CC6 REVIEW OF SAME. 9/2/05 MATTERA, ALEX F. ASSC DRAFT MOTION TO APPROVE MEDIATION AND REVIEW OF MEDIATOR MATERIALS, 1.50 245.00 367.50 CC6 UNDERLYING COMPLAINT AND COUNTERCLAIMS. 9/6/05 COPPINGER, PETER M. PARTNER EMAILS, CONFERENCE REGARDING MEDIATION AGREEMENT. 0.40 360.00 144.00 CC6 9/6/05 FALLON, REBECCA M. PARALEGAL ELECTRONICALLY FILE MOTION FOR AUTHORITY. 0.30 145.00 43.50 CC6 9/6/05 MATTERA, ALEX F. ASSC DRAFT MOTION TO AUTHORIZE MEDIATION. 1.90 245.00 465.50 CC6 9/7/05 HIMELFARB, DAVID ASSC COMMUNICATE WITH JAMS REGARDING MEDIATION AND PAYMENT ISSUES. 0.20 290.00 58.00 CC6 9/8/05 MATTERA, ALEX F. ASSC REVIEW STATUS OF CRA LITIGATION AND MEDIATION, EMAIL CORRESPONDENCE WITH 0.70 245.00 171.50 CC6 D. LASSMAN AND REVIEW CLAIMS ANALYSIS. 9/12/05 HIMELFARB, DAVID ASSC REVIEW DOCUMENTS PRODUCED BY CRA. 0.60 290.00 174.00 CC6 9/13/05 COPPINGER, PETER M. PARTNER CONFERENCE REGARDING MEDIATION STRATEGY. 0.10 360.00 36.00 CC6 9/13/05 HIMELFARB, DAVID ASSC REVIEW DOCUMENTS (1.4); BEGIN DRAFTING MEDIATION STATEMENT (5.7). 7.10 290.00 2,059.00 CC6 9/14/05 HIMELFARB, DAVID ASSC MEET WITH MR. SYLVIA TO INTERVIEW HIM ABOUT THE CASE (1.5); CONTINUE 7.50 290.00 2,175.00 CC6 DRAFTING MEDIATION STATEMENT (6.0). 9/15/05 COPPINGER, PETER M. PARTNER REVIEW, REVISE MEDIATION STATEMENT; CONFERENCE REGARDING SAME, 1.00 360.00 360.00 CC6 MEDIATION STRATEGY. 9/15/05 HIMELFARB, DAVID ASSC EDIT MEDIATION STATEMENT. 0.40 290.00 116.00 CC6 9/15/05 MATTERA, ALEX F. ASSC REVIEW MEDIATION STATEMENT PREPARED BY D. HIMELFARB. 0.60 245.00 147.00 CC6 9/16/05 COPPINGER, PETER M. PARTNER CONFERENCE REGARDING MEDIATION, MEDIATION STATEMENT. 0.30 360.00 108.00 CC6 9/16/05 HIMELFARB, DAVID ASSC FINALIZE MEDIATION STATEMENT AND SUBMIT SAME TO JAMS. 0.50 290.00 145.00 CC6 9/19/05 MATTERA, ALEX F. ASSC DRAFT MOTION FOR EXPEDITED DETERMINATION OF MOTION TO AUTHORIZE 0.70 245.00 171.50 CC6 MEDIATION. 9/20/05 FALLON, REBECCA M. PARALEGAL ELECTRONICALLY FILE MOTION FOR EMERGENCY DETERMINATION. 0.20 145.00 29.00 CC6 9/20/05 MATTERA, ALEX F. ASSC REVISIONS TO MOTION FOR EXPEDITED DETERMINATION AND COORDINATE FILING. 0.60 245.00 147.00 CC6 9/21/05 HIMELFARB, DAVID ASSC DISCUSS CASE WITH MR. MATTERA AND MR. LASSMAN; PREPARE FOR MEDIATION. 1.00 290.00 290.00 CC6 9/22/05 COPPINGER, PETER M. PARTNER CONFERENCE REGARDING MEDIATION. 0.30 360.00 108.00 CC6 9/22/05 HIMELFARB, DAVID ASSC PREPARE FOR MEDIATION. 2.70 290.00 783.00 CC6 9/23/05 COPPINGER, PETER M. PARTNER CONFERENCE REGARDING MEDIATION STRATEGY; CONFERENCE REGARDING 0.30 360.00 108.00 CC6 MEDIATION RESULT. 9/23/05 HIMELFARB, DAVID ASSC PREPARE FOR AND ATTEND MEDIATION. 6.00 290.00 1,740.00 CC6 9/23/05 MATTERA, ALEX F. ASSC PREPARE FOR AND PARTICIPATE IN MEDIATION OF CRA LITIGATION. 6.80 245.00 1,666.00 CC6 10/5/05 HIMELFARB, DAVID ASSC DISCUSS CASE WITH JACK ESHER (.4); DISCUSS PREPARING FOIA REQUESTS WITH MS. 0.60 290.00 174.00 CC6 NORFOLK (.2). 10/5/05 MATTERA, ALEX F. ASSC REVIEW CORRESPONDENCE AND CLAIMS OF ATTORNEY SYLVIA REGARDING CRA 0.40 245.00 98.00 CC6 LITIGATION. 10/5/05 NORFOLK, CLAIRE PARALEGAL CONFERENCE REGARDING DRAFTING FOIA REQUESTS TO HOLBROOK FIRE 0.30 145.00 43.50 CC6 DEPARTMENT, HOLBROOK BOARD OF HEALTH, DEPARTMENT OF ENVIRONMENTAL PROTECTION AND OSHA. 10/6/05 HIMELFARB, DAVID ASSC DISCUSS RESUMING MEDIATION WITH MR. ESHER. 0.30 290.00 87.00 CC6 10/6/05 MATTERA, ALEX F. ASSC CONFERENCE WITH D. HIMELFARB REGARDING STATUS OF CRA MEDIATION AND 0.20 245.00 49.00 CC6 LITIGATION. 10/11/05 HIMELFARB, DAVID ASSC REVISE AND SEND FOIA REQUESTS TO OSHA AND HOLBROOK FIRE DEPARTMENT. 0.30 290.00 87.00 CC6 10/11/05 NORFOLK, CLAIRE PARALEGAL DRAFT LETTERS TO THE DEPARTMENT OF ENVIRONMENTAL PROTECTION, OSHA, 2.80 145.00 406.00 CC6 HOLBROOK FIRE DEPARTMENT AND HOLBROOK BOARD OF HEALTH REQUESTING DOCUMENTS ON CONTAINER RECYCLING ALLIANCE; CONTACT AGENCIES FOR CURRENT CONTACT INFORMATION FOR SUBMITTING DOCUMENT REQUESTS; SEARCH DEP OSHA DATABASES FOR AVAILABLE DATA ON CONTAINER RECYCLING. 10/12/05 HIMELFARB, DAVID ASSC SEND LETTERS TO MASS DEP AND HOLBROOK BOARD OF HEALTH REQUESTING 0.70 290.00 203.00 CC6 DOCUMENTS. 10/12/05 NORFOLK, CLAIRE PARALEGAL TELEPHONE CONFERENCE WITH HOLBROOK BOARD OF HEALTH AND DEPARTMENT OF 1.00 145.00 145.00 CC6 ENVIRONMENTAL PROTECTION REGARDING SUBMITTAL OF DOCUMENT REQUESTS; UPDATE CORRESPONDENCE TO SAME WITH TIME FRAME FOR DOCUMENT REQUESTS. 10/13/05 NORFOLK, CLAIRE PARALEGAL TELEPHONE CONFERENCE WITH DEPARTMENT OF ENVIRONMENTAL PROTECTION 0.40 145.00 58.00 CC6 REGARDING SEARCH FOR FILES AND REQUEST FOR COPYING OF SAME; SUBMIT COPY REQUEST TO DEP. 10/14/05 NORFOLK, CLAIRE PARALEGAL CONFERENCE REGARDING DEPARTMENT OF ENVIRONMENTAL PROTECTION RESPONSE 0.10 145.00 14.50 CC6 TO RECORDS REQUEST. 10/18/05 HIMELFARB, DAVID ASSC DRAFT AND FILE REQUEST FOR SCHEDULING CONFERENCE. 0.50 290.00 145.00 CC6 10/19/05 HIMELFARB, DAVID ASSC CORRESPOND WITH MR. LASSMAN VIA EMAIL CONCERNING SETTLEMENT. 0.20 290.00 58.00 CC6 10/20/05 HIMELFARB, DAVID ASSC REVIEW DISCOVERY DOCUMENTS AND CONDUCT ONLINE RESEARCH ON CRA'S 3.00 290.00 870.00 CC6 OPERATIONS IN HOLBROOK. 10/26/05 HIMELFARB, DAVID ASSC REVIEW NEWSPAPER ARTICLES AND DOCUMENT PRODUCTION RECEIVED FROM OSHA. 1.40 290.00 406.00 CC6 10/27/05 COPPINGER, PETER M. PARTNER REVIEW COURT ORDER REGARDING SCHEDULING CONFERENCE. 0.10 360.00 36.00 CC6 10/31/05 HIMELFARB, DAVID ASSC REVIEW DOCUMENTS RECEIVED FROM HOLBROOK FIRE DEPARTMENT. 0.80 290.00 232.00 CC6 11/2/05 NORFOLK, CLAIRE PARALEGAL CONTACT THE DEPARTMENT OF ENVIRONMENTAL PROTECTION REGARDING 1.00 145.00 145.00 CC6 PRODUCTION OF DOCUMENTS RESPONSIVE TO FOIA REQUEST; LETTER TO COPY COMPANY ENCLOSING PAYMENT AND SHIPPING INSTRUCTIONS FOR SAME. 11/8/05 HIMELFARB, DAVID ASSC REVIEW DOCUMENTS RECEIVED FROM THE MASSACHUSETTS DEPARTMENT OF 1.70 290.00 493.00 CC6 ENVIRONMENTAL PROTECTION. 11/9/05 HIMELFARB, DAVID ASSC CONDUCT LEGAL RESEARCH REGARDING AMENDING THE COMPLAINT TO ALLEGE A 2.00 290.00 580.00 CC6 CHAPTER 93A CLAIM. 11/10/05 HIMELFARB, DAVID ASSC WORK ON FIRST AMENDED COMPLAINT. 5.10 290.00 1,479.00 CC6 11/11/05 HIMELFARB, DAVID ASSC WORK ON FIRST AMENDED COMPLAINT. 5.00 290.00 1,450.00 CC6 11/14/05 HIMELFARB, DAVID ASSC WORK ON FIRST AMENDED COMPLAINT. 3.00 290.00 870.00 CC6 11/16/05 HIMELFARB, DAVID ASSC CALL TO HOLBROOK BOARD OF HEALTH REGARDING FOIA REQUEST AND STATUS OF 0.20 290.00 58.00 CC6 RESPONSE. 11/17/05 COPPINGER, PETER M. PARTNER REVIEW, REVISE DRAFT AMENDED COMPLAINT; CONFERENCE REGARDING SAME. 0.80 360.00 288.00 CC6 11/17/05 HIMELFARB, DAVID ASSC DISTRIBUTE COPY OF FIRST AMENDED COMPLAINT; REVISE FIRST AMENDED 3.80 290.00 1,102.00 CC6 COMPLAINT. 11/18/05 MATTERA, ALEX F. ASSC REVIEW CORRESPONDENCE OF D. HIMELFARB REGARDING AMENDMENT OF 0.20 245.00 49.00 CC6 COMPLAINT V. CRA. 11/21/05 COPPINGER, PETER M. PARTNER EMAILS REGARDING MOTION FOR LEAVE TO AMEND COMPLAINT; REVIEW SAME. 0.30 360.00 108.00 CC6 11/21/05 HIMELFARB, DAVID ASSC CALLS WITH HOLBROOK BOARD OF HEALTH (.5); BEGIN DRAFTING MOTION TO AMEND 3.50 290.00 1,015.00 CC6 COMPLAINT (3.0). 11/22/05 COPPINGER, PETER M. PARTNER REVIEW, REVISE MOTION TO AMEND COMPLAINT, MEMORANDUM IN SUPPORT AND 0.60 360.00 216.00 CC6 AMENDED COMPLAINT; CONFERENCE REGARDING SAME. 11/22/05 HIMELFARB, DAVID ASSC CONTINUE WORKING ON MOTION TO AMEND COMPLAINT (2.0); CONTINUE EDITING AND 5.20 290.00 1,508.00 CC6 REVISING FIRST AMENDED COMPLAINT (2.5); DISCUSS SETTLEMENT WITH OPPOSING COUNSEL (.2); DISCUSS CASE WITH MR. LASSMAN (.2); SEND TEAM EMAIL REGARDING SETTLEMENT AND STRATEGY (.3). 11/22/05 MATTERA, ALEX F. ASSC CORRESPONDENCE OF D. HIMELFARB AND CONFERENCE WITH C. DALE REGARDING 1.20 245.00 294.00 CC6 CRA LITIGATION AND REVIEW CLAIMS AGAINST THE ESTATE. 11/23/05 HIMELFARB, DAVID ASSC REVIEW FIRST AMENDED COMPLAINT AND PREPARE FOR FILING (2.0); DISCUSS SAME 3.50 290.00 1,015.00 CC6 WITH MR. FEEHERRY (.2); DRAFT STIPULATION OF FILING FIRST AMENDED COMPLAINT (.4); REVISE MOTION TO AMEND COMPLAINT (.5); FILE FIRST AMENDED COMPLAINT AND MOTION (.4). 11/28/05 MATTERA, ALEX F. ASSC REVIEW MOTION TO AMEND COMPLAINT VERSUS CRA. 0.80 245.00 196.00 CC6 11/30/05 HIMELFARB, DAVID ASSC DISCUSS CASE WITH MR. SYLVIA (.2); EMAIL TO MR. MATTERA REGARDING 0.80 290.00 232.00 CC6 SETTLEMENT (.1); DRAFT SETTLEMENT DEMAND LETTER TO MR. FEEHERRY (.5). 11/30/05 MATTERA, ALEX F. ASSC CORRESPONDENCE WITH D. HIMELFARB REGARDING CLAIMS AND REVIEW OF CLAIMS 0.70 245.00 171.50 CC6 IN CONNECTION WITH CRA LITIGATION. 12/1/05 COPPINGER, PETER M. PARTNER REVIEW DRAFT SETTLEMENT LETTER; CONFERENCE REGARDING SAME. 0.40 360.00 144.00 CC6 12/1/05 HIMELFARB, DAVID ASSC DISCUSS SETTLEMENT DEMAND WITH MR. COPPINGER AND MR. DALE (0.1); REVISE 0.20 290.00 58.00 CC6 DEMAND (0.1). 12/2/05 MATTERA, ALEX F. ASSC REVIEW CLAIMS AND DRAFT SETTLEMENT PROPOSAL FROM D HIMELFARB AND BRIEF 1.10 245.00 269.50 CC6 CORRESPONDENCE WITH RESPECT TO CRA LITIGATION. 12/8/05 COPPINGER, PETER M. PARTNER CONFERENCE REGARDING SETTLEMENT STATUS. 0.20 360.00 72.00 CC6 12/9/05 MATTERA, ALEX F. ASSC REVIEW ORDER ON MOTION TO AMEND COMPLAINT AND REVIEW AMENDED 0.40 245.00 98.00 CC6 COMPLAINT. 12/14/05 COPPINGER, PETER M. PARTNER CONFERENCE REGARDING MEETING WITH OWNER, SETTLEMENT. 0.20 360.00 72.00 CC6 12/14/05 HIMELFARB, DAVID ASSC MEET AND INTERVIEW MR. MOSCONE WITH ATTORNEY SYLVIA PRESENT. 2.70 290.00 783.00 CC6 12/16/05 HIMELFARB, DAVID ASSC DRAFT PUBLIC RECORDS REQUEST FOR THE HOLBROOK BUILDING INSPECTOR (0.5); 2.80 290.00 812.00 CC6 WORK ON PROPOSED DISCOVERY PLAN (0.7); BEGIN WORKING ON MOTION TO EXTEND DISCOVERY DEADLINE (1.6). 12/19/05 HIMELFARB, DAVID ASSC INTERVIEW WITH HOLBROOK BUILDING COMMISSIONER (0.5); DRAFT MEMORANDUM 3.60 290.00 1,044.00 CC6 TO FILE CONCERNING CALL (0.5); REVIEW DOCUMENTS RECEIVED FROM DEBTOR (2.6). 12/20/05 COPPINGER, PETER M. PARTNER REVIEW, REVISE SUBPOENA AND SCHEDULE; CONFERENCE REGARDING SAME; 0.80 360.00 288.00 CC6 CONFERENCE REGARDING DISCOVERY PLAN. 12/20/05 HIMELFARB, DAVID ASSC DRAFT SUBPOENA WITH DOCUMENT REQUESTS FOR RADER PROPERTIES (3.2); 4.50 290.00 1,305.00 CC6 CORRESPONDENCE WITH MR. LASSMAN, MR. MATTERA AND MR. COPPINGER CONCERNING CASE (0.3); DRAFT LETTER TO RADER PROPERTIES (0.2); REVISE DISCOVERY PLAN AND DISCOVERY MOTION (0.6); EMAIL TO MR. FEEHERRY (0.2). 12/21/05 HIMELFARB, DAVID ASSC FINALIZE AND SEND OUT FOR SERVICE SUBPOENA TO RADER PROPERTIES (0.3); 0.50 290.00 145.00 CC6 REVIEW SETTLEMENT OFFER AND SEND TEAM PROPOSED RESPONSE (0.2). 12/21/05 MATTERA, ALEX F. ASSC CORRESPONDENCE OF D. HIMELFARB REGARDING STATUS, NEGOTIATIONS, 0.60 245.00 147.00 CC6 INSURANCE POLICIES AND UNDERLYING CIRCUMSTANCES IN CRA LITIGATION. 12/23/05 HIMELFARB, DAVID ASSC ATTEND TO SUBPOENA SERVICE ISSUES (0.1); DRAFT LETTER TO CRA REGARDING 0.30 290.00 87.00 CC6 SETTLEMENT (0.2). 12/27/05 HIMELFARB, DAVID ASSC SEND SETTLEMENT LETTER (0.1); CALL TO OPPOSING COUNSEL REGARDING 0.20 290.00 58.00 CC6 DISCOVERY (0.1). 12/28/05 HIMELFARB, DAVID ASSC DRAFT NOTICE OF DEPOSITION TO RADER PROPERTIES (0.3); DRAFT LETTER TO MR. 1.50 290.00 435.00 CC6 FEEHERRY (0.5); EMAIL TO MR. FEEHERRY (0.1); FINALIZE AND FILE JOINT DISCOVERY PLAN AND DISCOVERY MOTION (0.6). 12/28/05 MATTERA, ALEX F. ASSC LENGTHY CONFERENCE WITH D. HIMELFARB REGARDING STATUS OF CRA LITIGATION, 0.40 245.00 98.00 CC6 SETTLEMENT EFFORTS AND PROSPECTIVE STRATEGY. 12/30/05 COPPINGER, PETER M. PARTNER EMAILS REGARDING DISCOVERY RESPONSES. 0.20 360.00 72.00 CC6 12/30/05 HIMELFARB, DAVID ASSC EMAILS WITH FEEHERRY AND COPPINGER CONCERNING THE TIME FOR CRA TO 0.50 290.00 145.00 CC6 RESPOND TO THE AMENDED COMPLAINT (0.3); EMAILS WITH FEEHERRY CONCERNING SETTLEMENT (0.2). 1/4/06 HIMELFARB, DAVID ASSC REVIEW ORDER FROM THE COURT (0.1). 0.10 315.00 31.50 CC6 1/4/06 MATTERA, ALEX F. ASSC REVIEW ORDER ON MOTION TO EXTEND DEADLINES IN CRA LITIGATION. 0.20 265.00 53.00 CC6 1/6/06 COPPINGER, PETER M. PARTNER REVIEW ANSWER AND COUNTERCLAIM; CONFERENCE REGARDING SAME. 0.40 400.00 160.00 CC6 1/6/06 HIMELFARB, DAVID ASSC REVIEW AMENDED ANSWER AND COUNTERCLAIM. 0.40 315.00 126.00 CC6 1/6/06 MATTERA, ALEX F. ASSC REVIEW ANSWER OF CRA TO COMPLAINT. 0.80 265.00 212.00 CC6 1/9/06 MATTERA, ALEX F. ASSC REVIEW NOTICES IN CONNECTION WITH CRA LITIGATION. 0.20 265.00 53.00 CC6 1/20/06 HIMELFARB, DAVID ASSC DISCUSS SUBPOENAS WITH DAVID MITCHELL (0.2); DRAFT LETTER TO MR. MITCHELL 0.40 315.00 126.00 CC6 (0.2). 1/23/06 HIMELFARB, DAVID ASSC DISCUSS FOIA REQUEST WITH HOLBROOK BOARD OF HEALTH (0.1); DISCUSS SUBPOENA 0.20 315.00 63.00 CC6 WITH RADER PROPERTIES (0.1). 1/24/06 HIMELFARB, DAVID ASSC BEGIN DRAFTING INITIAL DISCLOSURES. 2.60 315.00 819.00 CC6 1/25/06 COPPINGER, PETER M. PARTNER REVIEW, REVISE REPLY TO COUNTERCLAIM; REVIEW, REVISE INITIAL DISCLOSURES. 0.60 400.00 240.00 CC6 1/25/06 HIMELFARB, DAVID ASSC CONTINUE DRAFTING INITIAL DISCLOSURES (1.0); REVIEW DOCUMENTS FOR 3.70 315.00 1,165.50 CC6 PRODUCTION WITH INITIAL DISCLOSURES (2.0); REVIEW DOCUMENTS RECENTLY RECEIVED FROM BOARD OF HEALTH (0.7). 1/25/06 MATTERA, ALEX F. ASSC CORRESPONDENCE WITH D. HIMELFARB REGARDING CRA COUNTERCLAIMS AND 0.50 265.00 132.50 CC6 RELATED ISSUES. 1/27/06 HIMELFARB, DAVID ASSC PREPARE AND FILE STATEMENT CONCERNING MOTION TO WITHDRAW THE 0.20 315.00 63.00 CC6 REFERENCE. 1/30/06 HIMELFARB, DAVID ASSC DRAFT LETTER TO MR. FEEHERRY AND SERVE INITIAL DISCLOSURES (0.1); DISCUSS 0.20 315.00 63.00 CC6 SUBPOENA WITH LUANNE AT RADER PROPERTIES, INC. (0.1). 1/30/06 MATTERA, ALEX F. ASSC REVIEW RECENT FILINGS AND ORDERS IN CRA LITIGATION. 0.60 265.00 159.00 CC6 1/31/06 COPPINGER, PETER M. PARTNER REVIEW INITIAL DISCLOSURES BY CRA; CONFERENCE REGARDING SAME. 0.30 400.00 120.00 CC6 1/31/06 HIMELFARB, DAVID ASSC DRAFT SECOND REQUEST FOR PRODUCTION OF DOCUMENTS TO CRA (3.6). 3.60 315.00 1,134.00 CC6 2/1/06 COPPINGER, PETER M. PARTNER REVIEW, REVISE SECOND REQUEST FOR DOCUMENTS; CONFERENCE REGARDING 0.90 400.00 360.00 CC6 SAME; CONFERENCE REGARDING SUBPOENA DUCES TECUM FOLLOW-UP. 2/1/06 HIMELFARB, DAVID ASSC REVISE AND EDIT DOCUMENT REQUESTS (0.2); DRAFT SERVICE LETTER (0.1). 0.30 315.00 94.50 CC6 2/1/06 MATTERA, ALEX F. ASSC REVIEW RESPONSE OF CRA. 0.60 265.00 159.00 CC6 2/8/06 MATTERA, ALEX F. ASSC REVIEW BRIEF OF CRA IN OPPOSITION TO MOTION TO DISMISS COUNTERCLAIMS. 0.70 265.00 185.50 CC6 2/10/06 COPPINGER, PETER M. PARTNER EMAILS, CONFERENCE REGARDING HEARING ON MOTION TO WITHDRAW REFERENCE. 0.30 400.00 120.00 CC6 2/10/06 HIMELFARB, DAVID ASSC PREPARE FOR HEARING ON MOTION TO WITHDRAW THE REFERENCE. 3.80 315.00 1,197.00 CC6 2/13/06 COPPINGER, PETER M. PARTNER CONFERENCE REGARDING PREHEARING; EMAILS REGARDING POST HEARING. 0.40 400.00 160.00 CC6 2/13/06 HIMELFARB, DAVID ASSC PREPARE FOR HEARING ON MOTION TO WITHDRAW THE REFERENCE (4.0); TRAVEL TO 5.50 315.00 1,732.50 CC6 COURT AND ARGUE MOTION (1.5). 2/13/06 MATTERA, ALEX F. ASSC PREPARE FOR AND ATTEND HEARING ON MOTION TO WITHDRAW REFERENCE IN CRA 1.70 265.00 450.50 CC6 LITIGATION. 3/13/06 HIMELFARB, DAVID ASSC REVIEW DOCUMENTS RECENTLY PRODUCED BY DEFENDANT (0.7); DRAFT LETTER 1.70 315.00 535.50 CC6 REQUESTING MEET AND CONFER (1.0). 3/15/06 COPPINGER, PETER M. PARTNER CONFERENCE REGARDING DISCOVERY, STATUS; REVIEW LETTER REGARDING 0.30 400.00 120.00 CC6 DISCOVERY ISSUES. 3/15/06 MATTERA, ALEX F. ASSC REVIEW DISCOVERY ISSUES IN CRA LITIGATION 0.40 265.00 106.00 CC6 3/20/06 HIMELFARB, DAVID ASSC BEGIN DRAFTING INTERROGATORIES (3.0); DRAFT AMENDED NOTICE OF DEPOSITIONS 3.70 315.00 1,165.50 CC6 (0.4); DRAFT LETTER TO DAVID MITCHELL (0.2); DRAFT LETTER TO MR. FEEHERRY (0.1). 3/21/06 HIMELFARB, DAVID ASSC REVISE AND CONTINUE DRAFTING INTERROGATORIES (2.6). 2.60 315.00 819.00 CC6 3/22/06 COPPINGER, PETER M. PARTNER REVIEW, REVISE INTERROGATORIES; CONFERENCE REGARDING SAME. 0.80 400.00 320.00 CC6 3/22/06 HIMELFARB, DAVID ASSC EDIT INTERROGATORIES PER MR. COPPINGER'S COMMENTS AND SERVE SAME (2.8). 2.80 315.00 882.00 CC6 3/31/06 HIMELFARB, DAVID ASSC REVIEW DOCUMENTS PRODUCED BY CRA (LAST SET) (0.7); BEGIN PREPARING FOR 2.40 315.00 756.00 CC6 RADER PROPERTIES DEPOSITION (1.7). 4/1/06 HIMELFARB, DAVID ASSC WORK ON DEPOSITION OUTLINE FOR RADER PROPERTIES. 4.00 315.00 1,260.00 CC6 4/3/06 HIMELFARB, DAVID ASSC WORK ON DEPOSITION OUTLINE FOR MR. MITCHELL. 1.50 315.00 472.50 CC6 4/4/06 HIMELFARB, DAVID ASSC PREPARE FOR MITCHELL DEPOSITION (1.0); TRAVEL TO NORWELL AND TAKE MITCHELL 4.50 315.00 1,417.50 CC6 DEPOSITION (3.5). 4/27/06 HIMELFARB, DAVID ASSC REVIEW INTERROGATORY RESPONSES. 0.40 315.00 126.00 CC6 5/12/06 HIMELFARB, DAVID ASSC PREPARE LETTER AND DEPOSITION NOTICE (0.4); CALL WITH J. BURNS (0.2). 0.60 315.00 189.00 CC6 5/16/06 COPPINGER, PETER M. PARTNER CONFERENCE REGARDING DISCOVERY STATUS. 0.20 400.00 80.00 CC6 5/18/06 HIMELFARB, DAVID ASSC CALL WITH BURNS REGARDING SCHEDULING. 0.20 315.00 63.00 CC6 5/31/06 MATTERA, ALEX F. ASSC REVIEW ORDER SCHEDULING HEARING AND STATUS OF CRG LITIGATION. 0.30 265.00 79.50 CC6 6/12/06 COPPINGER, PETER M. PARTNER REVIEW ORDER REGARDING DISCOVERY DEADLINE EXTENDED. 0.10 400.00 40.00 CC6 7/25/06 HIMELFARB, DAVID ASSC PREPARE FOR MOSCONE DEPOSITION. 4.50 315.00 1,417.50 CC6 7/26/06 HIMELFARB, DAVID ASSC PREPARE FOR MOSCONE DEPOSITION (2.0); ATTEND MOSCONE DEPOSITION (7.0). 9.00 315.00 2,835.00 CC6 8/2/06 HIMELFARB, DAVID ASSC PREPARE FOR HEARING ON MOTION TO STRIKE. 2.50 315.00 787.50 CC6 8/3/06 COPPINGER, PETER M. PARTNER EMAIL, CONFERENCE REGARDING HEARING IN BANKRUPTCY COURT; REVIEW STATUS 0.30 400.00 120.00 CC6 REPORT TO USDC. 8/3/06 HIMELFARB, DAVID ASSC FILE STATUS REPORT WITH DISTRICT COURT (0.3); PREPARE FOR HEARING ON MOTION 3.60 315.00 1,134.00 CC6 TO STRIKE (2.0); TRAVEL TO COURT AND ATTEND HEARING ON MOTION TO STRIKE (1.3). 8/3/06 MATTERA, ALEX F. ASSC PREPARE FOR AND ATTEND HEARING ON MOTION TO STRIKE COUNTERCLAIM AND 1.70 265.00 450.50 CC6 JURY TRIAL DEMAND IN CRA LITIGATION. 8/4/06 HIMELFARB, DAVID ASSC EMAIL EXCHANGES WITH COUNSEL REGARDING DEPOSITION SCHEDULING. 0.30 315.00 94.50 CC6 8/7/06 HIMELFARB, DAVID ASSC PREPARE FOR CONTINUED MOSCONE DEPOSITION. 1.70 315.00 535.50 CC6 8/7/06 MATTERA, ALEX F. ASSC REVIEW ORDERS AND TRANSCRIPT REGARDING CRA LITIGATION. 0.60 265.00 159.00 CC6 8/8/06 HIMELFARB, DAVID ASSC EMAIL TO BRUNS REGARDING CUSSON DEPOSITION (0.1). 0.10 315.00 31.50 CC6 8/9/06 HIMELFARB, DAVID ASSC PREPARE FOR CONTINUED MOSCONE DEPOSITION. 2.30 315.00 724.50 CC6 8/10/06 HIMELFARB, DAVID ASSC PREPARE FOR MOSCONE DEPOSITION (2.5); ATTEND CONTINUED MOSCONE DEPOSITION 5.00 315.00 1,575.00 CC6 (2.5). 8/14/06 HIMELFARB, DAVID ASSC CALL WITH J. BURNS (0.2); CALL WITH ERIC LOFTUS; COUNSEL FOR THE HARTFORD 0.80 315.00 252.00 CC6 (0.3); EMAIL REGARDING STATUS OF CASE AND STAY ISSUES (0.3). 8/18/06 COPPINGER, PETER M. PARTNER MET WITH D. HIMMELFARB REGARDING HARTFORD LITIGATION V. CRA, STATUS. 0.50 400.00 200.00 CC6 8/21/06 HIMELFARB, DAVID ASSC CALL WITH JACK ESHER (.3); CALL WITH DON LASSMAN (.2); EMAIL TO TEAM (.2) 0.70 315.00 220.50 CC6 8/22/06 COPPINGER, PETER M. PARTNER CONFER REGARDING STATUS. 0.20 400.00 80.00 CC6 9/1/06 HIMELFARB, DAVID ASSC SETTLEMENT EMAILS WITH MR. FEEHERRY (.5); SCHEDULING EMAIL TO MS. BURNS (.2); 0.80 315.00 252.00 CC6 EMAIL TO DON LASSMAN (.1). 9/5/06 HIMELFARB, DAVID ASSC MULTIPLE CALLS WITH JACK ESHER (.8); CALLS WITH MR. LASSMAN CONCERNING 1.00 315.00 315.00 CC6 SETTLEMENT (.2). 9/8/06 HIMELFARB, DAVID ASSC DRAFT NOTICES OF DEPOSITION FOR REBEIRO, GORMAN, SHEEHAN, MCAULIFFE AND 2.40 315.00 756.00 CC6 CUSSON (.7); DRAFT 30(B)(6) DEPOSITION NOTICE FOR CRA (.7); DRAFT COVER LETTER TO J. BURNS (.2); TELEPHONE CALL WITH J. BURNS (.2); ATTEMPT TO LOCATE PROCESS SERVER IN CHICAGO (.3); DRAFT RULE 45 SUBPOENA TO GORMAN (.3). 9/11/06 HIMELFARB, DAVID ASSC PREPARE FOR REBEIRO DEPOSITION (11). 11.00 315.00 3,465.00 CC6 9/12/06 HIMELFARB, DAVID ASSC PREPARE FOR REBEIRO DEPOSITION (2.0); CONDUCT REBEIRO DEPOSITION (6.0). 8.00 315.00 2,520.00 CC6 9/15/06 COPPINGER, PETER M. PARTNER CONFERENCE REGARDING STATUS, DISCOVERY. 0.20 400.00 80.00 CC6 9/15/06 HIMELFARB, DAVID ASSC DRAFT AND REVISE STATUS REPORT AND FILE WITH COURT (.7); REVIEW AND REVISE 4.40 315.00 1,386.00 CC6 MOTION TO EXTEND DISCOVERY DEADLINE (.3); STATUS EMAIL TO TEAM (.4); PREPARE FOR CUSSON DEPOSITION (3). 9/15/06 MATTERA, ALEX F. ASSC CONFERENCE AND CORRESPONDENCE WITH D. HIMELFARB REGARDING CRA 0.60 265.00 159.00 CC6 LITIGATION, STRATEGY AND STATUS. 9/18/06 COPPINGER, PETER M. PARTNER EMAILS REGARDING DISCOVERY, SETTLEMENT STATUS. 0.20 400.00 80.00 CC6 9/18/06 HIMELFARB, DAVID ASSC PREPARE FOR CUSSON DEPOSITION (6.3); CALL WITH WAYNE CROSBY AT TRI-TOWN (.3); 6.90 315.00 2,173.50 CC6 CALLS WITH JENNIFER LUZ AT GOODWIN PROCTER (.3). 9/19/06 COPPINGER, PETER M. PARTNER CONFERENCE REGARDING 30(B)(6) DEPOSITION. 0.20 400.00 80.00 CC6 9/19/06 HIMELFARB, DAVID ASSC DRAFT SUBPOENA TO FRANK MCAULIFFE; WORK ON DEPOSITION OUTLINE FOR 4.30 315.00 1,354.50 CC6 TIMOTHY CUSSON. 9/20/06 HIMELFARB, DAVID ASSC TRAVEL TO TAUNTON; PREPARE FOR CUSSON DEPOSITION; TAKE CUSSON DEPOSITION; 7.00 315.00 2,205.00 CC6 RETURN TO BOSTON. 9/27/06 COPPINGER, PETER M. PARTNER REVIEW COURT ORDERS; CONFERENCE REGARDING SAME. 0.20 400.00 80.00 CC6 9/28/06 HIMELFARB, DAVID ASSC ATTEND TO DEPOSITION SCHEDULING ISSUES (.2); DRAFT AMENDED DEPOSITION 0.60 315.00 189.00 CC6 NOTICES FOR MESSRS. GORMAN; MCAULIFFE; AND SHEEHAN (.4). 9/29/06 HIMELFARB, DAVID ASSC MAKE TRAVEL ARRANGEMENTS FOR TRIP TO CHICAGO. 0.30 315.00 94.50 CC6 10/4/06 COPPINGER, PETER M. PARTNER CONFERENCE REGARDING STATUS DISCOVERY. 0.30 400.00 120.00 CC6 10/4/06 HIMELFARB, DAVID ASSC PREPARE FOR THE DEPOSITION OF TIMOTHY CUSSON (1.6). 1.60 325.00 520.00 CC6 10/5/06 HIMELFARB, DAVID ASSC TRAVEL TO TAUNTON; PREPARE FOR AND TAKE SECOND PART OF THE CUSSON/30(B)(6) 5.20 325.00 1,690.00 CC6 DEPOSITION. 10/10/06 HIMELFARB, DAVID ASSC DRAFT LETTER TO ALAN CRAIG (POSSIBLE FACT WITNESS) (.3); SEND OUT SUBPOENA 0.60 325.00 195.00 CC6 TO EARLE AINSLEY (CRA EMPLOYEE) (.3). 10/13/06 DALE, CHARLES A. PARTNER CONFER WITH D. HIMELFARB REGARDING LITIGATION STRATEGY AND SETTLEMENT 0.50 450.00 225.00 CC6 PROSPECTS. 10/13/06 HIMELFARB, DAVID ASSC CALL WITH MS. LUZ REGARDING DEPOSITION SCHEDULING (.3); ATTEND TO 1.20 325.00 390.00 CC6 DEPOSITION SCHEDULING ISSUES (.3); REVIEW JOINT STATUS REPORT (.2); CALL WITH MR. SYLVIA (.4). 10/16/06 COPPINGER, PETER M. PARTNER REVIEW JOINT STATUS REPORT; CONFERENCE REGARDING SAME. 0.20 400.00 80.00 CC6 10/16/06 DALE, CHARLES A. PARTNER CONFER WITH DAVID HIMELFARB REGARDING CASE STATUS, RESULTS OF DISCOVERY 0.90 450.00 405.00 CC6 AND SETTLEMENT POSSIBILITIES; CORRESPOND WITH DON LASSMAN REGARDING SAME. 10/16/06 HIMELFARB, DAVID ASSC PREPARE FOR EARL GORMAN AND BRENDAN SHEEHAN DEPOSITIONS (5.5); FILE STATUS 6.00 325.00 1,950.00 CC6 REPORT (.2); DISCUSS CASE WITH MR. DALE (.3). 10/17/06 DALE, CHARLES A. PARTNER CORRESPOND WITH DON LASSMAN AND DAVID HIMELFARB REGARDING SETTLEMENT 0.40 450.00 180.00 CC6 OF LITIGATION. 10/17/06 HIMELFARB, DAVID ASSC TRAVEL TO CHICAGO (5.5); PREPARE FOR AND TAKE THE DEPOSITION OF EARL 11.00 325.00 3,575.00 CC6 GORMAN (5.5). 10/18/06 HIMELFARB, DAVID ASSC PREPARE FOR AND TAKE BRENDAN SHEEHAN DEPOSITION (8.0); TRAVEL BACK TO 14.00 325.00 4,550.00 CC6 BOSTON (6.0). 10/19/06 COPPINGER, PETER M. PARTNER CONFERENCE REGARDING DEPOSITIONS, SETTLEMENT DISCUSSIONS; EMAILS 0.50 400.00 200.00 CC6 REGARDING SAME. 10/19/06 HIMELFARB, DAVID ASSC REPORT TO TEAM ABOUT CHICAGO DEPOSITIONS AND SETTLEMENT DISCUSSIONS (.7). 0.70 325.00 227.50 CC6 10/20/06 HIMELFARB, DAVID ASSC CONDUCT LEGAL RESEARCH IN ANTICIPATION OF POSSIBLE SUMMARY JUDGMENT 4.50 325.00 1,462.50 CC6 MOTION ON CONSTRUCTIVE EVICTION AND MUTUALLY DEPENDENT COVENANTS (4.5). 10/23/06 HIMELFARB, DAVID ASSC ENGAGE IN SETTLEMENT DISCUSSIONS WITH TONY FEEHERRY (.5); PREPARE 5.50 325.00 1,787.50 CC6 SETTLEMENT ANALYSIS (.5); BEING PREPARING FOR MCAULIFFE DEPOSITION (4.5). 10/24/06 HIMELFARB, DAVID ASSC PREPARE FOR FRANK MCAULIFFE DEPOSITION (8.1). 8.10 325.00 2,632.50 CC6 10/25/06 HIMELFARB, DAVID ASSC PREPARE FOR AND TAKE THE DEPOSITION OF FRANK MCAULIFFE (7.0); DRAFT AND 7.50 325.00 2,437.50 CC6 EXCHANGE SETTLEMENT EMAILS WITH MR. FEEHERRY (.5). 10/26/06 HIMELFARB, DAVID ASSC CALLS AND EMAILS WITH MS. LUZ CONCERNING DISCOVERY DEADLINE (.5). 0.50 325.00 162.50 CC6 10/27/06 HIMELFARB, DAVID ASSC PREPARE FOR CROSBY AND ROSEINGRAVE DEPOSITIONS (2.0); COMMUNICATIONS WITH 2.30 325.00 747.50 CC6 OPPOSING COUNSEL CONCERNING DISCOVERY SCHEDULING (.3). 10/30/06 COPPINGER, PETER M. PARTNER REVIEW COURT ORDER REGARDING MOTION FOR WITHDRAWAL OF REFERENCE. 0.20 400.00 80.00 CC6 10/30/06 HIMELFARB, DAVID ASSC PREPARE FOR AND ATTEND WAYNE CROSBY DEPOSITION (4.0); PREPARE FOR AND 9.20 325.00 2,990.00 CC6 ATTEND ROSEINGRAVE DEPOSITION (2.0); ENGAGE IN SETTLEMENT DISCUSSIONS WITH MR. FEEHERRY (.2); DRAFT MOTION TO QUASH AND TO EXTEND THE DISCOVERY DEADLINE (3.0). 10/31/06 HIMELFARB, DAVID ASSC REVISE AND FILE MOTION TO QUASH AND TO EXTEND DISCOVERY DEADLINE (3.0). 3.00 325.00 975.00 CC6 11/7/06 HIMELFARB, DAVID ASSC EMAILS WITH MR. FEEHERRY CONCERNING SALE OF CRA (.5). 0.50 325.00 162.50 CC6 11/7/06 MATTERA, ALEX F. ASSC TELEPHONE CONFERENCES WITH J. DAVIS REGARDING STATUS OF LITIGATION AND 0.30 290.00 87.00 CC6 OTHER PENDING ISSUES. 11/9/06 HIMELFARB, DAVID ASSC REVIEW OPPOSITION TO MOTION TO QUASH (.5); DRAFT AND FILE MOTION FOR A RULE 4.00 325.00 1,300.00 CC6 2004 EXAMINATION (3.5). 11/14/06 HIMELFARB, DAVID ASSC DRAFT AND FILE CERTIFICATE OF SERVICE RE: HEARINGS. 0.50 325.00 162.50 CC6 11/20/06 COPPINGER, PETER M. PARTNER REVIEW SCHEDULING ORDER ON MOTION TO QUASH. 0.20 400.00 80.00 CC6 11/20/06 FALLON, REBECCA M. PARALEGAL RECEIVE NOTICE REGARDING HEARING. PREPARE CERTIFICATE OF SERVICE. 0.90 170.00 153.00 CC6 DOWNLOAD PDF FROM PACER. ELECTRONICALLY FILE CERTIFICATE OF SERVICE WITH NOTICE OF HEARING. ATTEND TO SERVICE OF SAME. 11/21/06 HIMELFARB, DAVID ASSC TRAVEL TO AND ARGUE AT HEARING ON MOTION TO EXTEND DISCOVERY (1.6); 1.90 325.00 617.50 CC6 STRATEGY DISCUSSION WITH MR. DALE (. 1); SETTLEMENT DISCUSSION WITH MR. FEEHERRY (.2). 11/27/06 COPPINGER, PETER M. PARTNER REVIEW ORDER OF COURT ON DISCOVERY MOTIONS; CONFERENCE REGARDING SAME. 0.20 400.00 80.00 CC6 11/28/06 HIMELFARB, DAVID ASSC PREPARE FOR HEARING (.2); TRAVEL TO AND ARGUE RULE 2004 MOTION (1.3). 1.50 325.00 487.50 CC6 12/11/06 COPPINGER, PETER M. PARTNER REVIEW STATUS REPORT. 0.10 400.00 40.00 CC6 12/14/06 HIMELFARB, DAVID ASSC EMAILS REGARDING LATEST SETTLEMENT OFFER (.2) 0.20 325.00 65.00 CC6 12/15/06 HIMELFARB, DAVID ASSC SETTLEMENT EMAILS WITH MR. FEEHERRY (.1). 0.10 325.00 32.50 CC6 12/18/06 COPPINGER, PETER M. PARTNER REVIEW UPDATES ON SETTLEMENT, STATUS. 0.20 400.00 80.00 CC6 1/2/07 MATTERA, ALEX F. ASSC TELEPHONE CONFERENCES WITH D. LASSMAN, C. ALVITI REGARDING SETTLEMENT, 0.90 290.00 261.00 CC6 CLAIMS ANALYSIS AND TAX CONSEQUENCES. 1/3/07 COPPINGER, PETER M. PARTNER REVIEW EMAILS REGARDING SETTLEMENT; CONFERENCE REGARDING SAME. 0.30 400.00 120.00 CC6 1/3/07 HIMELFARB, DAVID ASSC SEND SETTLEMENT OFFER TO MR. FEEHERRY (.2). 0.20 325.00 65.00 CC6 1/3/07 MATTERA, ALEX F. ASSC TELEPHONE CONFERENCES AND CONFERENCES WITH C. ALVITI, D. LASSMAN AND D. 1.10 290.00 319.00 CC6 HIMELFARB REGARDING SETTLEMENT, CLAIMS ANALYSIS AND TAX CONSEQUENCES AND NEGOTIATION STATUS. 1/8/07 COPPINGER, PETER M. PARTNER EMAILS REGARDING SETTLEMENT. 0.10 400.00 40.00 CC6 1/9/07 HIMELFARB, DAVID ASSC MEET WITH MR. MATERRA TO DISCUSS SETTLEMENT (.2); BEGIN REVIEWING FILES FOR 0.60 325.00 195.00 CC6 9019 MOTION (.4). 1/9/07 MATTERA, ALEX F. ASSC REVIEW PLEADINGS AND RELATED MATERIALS IN PREPARATION OF DRAFTING 0.70 290.00 203.00 CC6 STIPULATION AND SETTLEMENT DOCUMENTS. 1/10/07 COPPINGER, PETER M. PARTNER CONFERENCE REGARDING SETTLEMENT LOGISTICS. 0.20 400.00 80.00 CC6 1/10/07 MATTERA, ALEX F ASSC REVIEW PLEADINGS AND BEGIN DRAFT SETTLEMENT DOCUMENTS FOR CRA DISPUTE. 1.80 290.00 522.00 CC6 1/18/07 MATTERA, ALEX F. ASSC COMPLETE DRAFT SETTLEMENT AGREEMENT WITH CRA AND MOTION TO APPROVE. 3.70 290.00 1,073.00 CC6 1/19/07 MATTERA, ALEX F. ASSC PREPARE FOR AND PARTICIPATE IN TELEPHONE CONFERENCE WITH D. LASSMAN 1.40 290.00 406.00 CC6 REGARDING SETTLEMENT ISSUES, DRAFT PLEADINGS, DISTRIBUTION AND CLAIMS OBJECTIONS, BANK'S CLAIMS AND STRATEGY. 2/6/07 COPPINGER, PETER M. PARTNER REVIEW COURT MEMORANDUM AND ORDER REGARDING WITHDRAWAL OF 0.30 400.00 120.00 CC6 REFERENCES; EMAIL REGARDING SAME. 2/6/07 HIMELFARB, DAVID ASSC REVISE SETTLEMENT AGREEMENT AND RULE 9019 MOTION AND SEND TO MR. 5.80 325.00 1,885.00 CC6 FEEHERRY FOR HIS REVIEW (6.5) 2/7/07 MATTERA, ALEX F. ASSC CORRESPONDENCE REGARDING SETTLEMENT PAPERS AND STATUS, AND REVIEW 0.70 290.00 203.00 CC6 DISTRICT COURT ORDER WITHDRAWING REFERENCE. 2/12/07 MATTERA, ALEX F. ASSC REVIEW REVISIONS OF CRA COUNSEL TO DRAFT SETTLEMENT MATERIALS AND 0.90 290.00 261.00 CC6 TELEPHONE CONFERENCE WITH COUNSEL TO BANK REGARDING CLAIMS RESOLUTION. 2/21/07 HIMELFARB, DAVID ASSC REVISE SETTLEMENT AND SETTLEMENT MOTION (.3); CALL WITH MR. FEEHERRY (.2). 0.50 325.00 162.50 CC6 2/21/07 MATTERA, ALEX F. ASSC REVIEW DISTRICT COURT ORDERS AND MEMORANDUM, AND CORRESPONDENCE AND 0.90 290.00 261.00 CC6 TELEPHONE CONFERENCES WITH BANK COUNSEL AND D. LASSMAN. 2/23/07 FALLON, REBECCA M. PARALEGAL O/C D. HIMELFARB REGARDING MOTION TO APPROVE SETTLEMENT AGREEMENT. 1.00 170.00 170.00 CC6 ACCESS PACER AND UPDATE SERVICE LIST. PREPARE CERTIFICATE OF SERVICE AND ATTEND TO SERVICE OF MOTION. 2/23/07 FALLON, REBECCA M. PARALEGAL RECEIVE E-MAIL FROM D. HIMELFARB; FOLLOW UP ON SERVICE OF PLEADINGS. 0.20 170.00 34.00 CC6 2/23/07 HIMELFARB, DAVID ASSC FINALIZE AND FILE SETTLEMENT MOTION (.4); FINALIZE AND FILE CERTIFICATE OF 0.70 325.00 227.50 CC6 SERVICE (.3). 2/23/07 MATTERA, ALEX F. ASSC REVIEW SETTLEMENT PAPERS RESOLVING CRA LITIGATION AND RELATED 0.80 290.00 232.00 CC6 CORRESPONDENCE. 2/26/07 MATTERA, ALEX F. ASSC TELEPHONE CONFERENCES WITH J. DAVIS REGARDING CRA SETTLEMENT. 0.50 290.00 145.00 CC6 3/15/07 HIMELFARB, DAVID ASSC EMAIL TO MR. MATTERA CONCERNING POTENTIAL OBJECTION TO SETTLEMENT 0.40 325.00 130.00 CC6 MOTION TO BE FILED BY EDWARD SYLVIA AND MISSTATEMENTS MR. SYLVIA HAS MADE TO MR. DAVIS. 3/19/07 MATTERA, ALEX F. ASSC CONFERENCES WITH C. DALE AND D. HIMELFARB REGARDING SETTLEMENT OF CRA 1.10 290.00 319.00 CC6 LITIGATION, EXTENSION OF RESPONSE DEADLINE, STRATEGY WITH RESPECT TO CLAIMS OF DEBTOR AND OTHER PARTIES IN INTEREST AND REVIEW PLEADINGS AND RECORD. 3/20/07 COPPINGER, PETER M. PARTNER CONFER REGARDING STATUS OF SETTLEMENT. 0.20 400.00 80.00 CC6 3/20/07 HIMELFARB, DAVID ASSC EMAIL TO MR. FEEHERRY CONCERNING STATUS OF SETTLEMENT (0.5). 0.50 325.00 162.50 CC6 4/2/07 MATTERA, ALEX F. ASSC REVIEW OBJECTION BY SYLVIA TO SETTLEMENT PLEADINGS AND RELATED 0.70 290.00 203.00 CC6 MATERIALS. 4/3/07 MATTERA, ALEX F. ASSC REVIEW AND SERVE HEARING NOTICE ON SETTLEMENT AGREEMENT. 0.30 290.00 87.00 CC6 4/4/07 HIMELFARB, DAVID ASSC REVIEW OPPOSITIONS TO SETTLEMENT MOTION (.5); MEET WITH MR. MATTERA AND 0.80 325.00 260.00 CC6 MR. DALE TO DISCUSS OPPOSITION TO SETTLEMENT MOTION (0.3). 5/2/07 COPPINGER, PETER M. PARTNER REVIEW OF STATUS OF SETTLEMENT. 0.10 400.00 40.00 CC6 5/10/07 HIMELFARB, DAVID ASSC PREPARE FOR HEARING ON THE APPROVAL OF THE SETTLEMENT WITH CRA (5.0). 5.00 325.00 1,625.00 CC6 5/11/07 COPPINGER, PETER M. PARTNER CONFER REGARDING SETTLEMENT STATUS, MOTION. 0.20 400.00 80.00 CC6 5/11/07 HIMELFARB, DAVID ASSC CALL WITH MR. FEEHERRY TO DISCUSS TWIN CITIES CASE AND SETTLEMENT HEARING 0.30 325.00 97.50 CC6 (.3). 5/17/07 HIMELFARB, DAVID ASSC EXCHANGE EMAIL WITH ERIK LOFTUS CONCERNING STATUS OF TWIN CITY 0.20 325.00 65.00 CC6 SETTLEMENT (.2). 6/11/07 SCHREUER, ELISABETH S. ASSC CONFERENCE WITH D. HIMELFARB, C. DALE, A. MATTERA REGARDING HEARING ON 0.50 320.00 160.00 CC6 SETTLEMENT WITH CRA 6/12/07 COPPINGER, PETER M. PARTNER REVIEW COURT ORDER APPROVING SETTLEMENT. 0.20 400.00 80.00 CC6 6/29/07 HIMELFARB, DAVID ASSC ATTEND TO SETTLEMENT ISSUES CONCERNING CRA SETTLEMENT WITH TWIN CITY. 1.20 325.00 390.00 CC6 7/9/07 HIMELFARB, DAVID ASSC EMAIL WITH MR. LOFTUS CONCERNING RELATED TWIN CITY SETTLEMENT. 0.10 325.00 32.50 CC6 7/10/07 HIMELFARB, DAVID ASSC EMAILS WITH MR. FEEHERRY CONCERNING SETTLEMENT. 0.20 325.00 65.00 CC6 _____________ ___________ 466.40 140,974.00EXHIBIT C-7
DATE TKPR NAME RANK- NARRATIVE BILLED RATE VALUE TASK DESC HOURS CODE EXHIBIT C-7 KEY LITIGATION 1/5/05 MATTERA, ALEX F. ASSC CONFERENCE WITH D. HIMELFARB REGARDING STATUS OF STM LITIGATION AND 0.40 245.00 98.00 CC7 STRATEGY. 1/10/05 HIMELFARB, DAVID ASSC REVIEW FILES AND DRAFT DEMAND LETTER TO STM CUSTOM PACKAGING AND ITS 1.80 290.00 522.00 CC7 PARENT, KEY CONTAINER. 1/18/05 MATTERA, ALEX F. ASSC CORRESPONDENCE WITH D. LASSMAN, M. HOFFMAN REGARDING CARVE-OUT OF 0.70 245.00 171.50 CC7 LITIGATION PROCEEDS, STATUS OF LITIGATION. 2/3/05 HIMELFARB, DAVID ASSC REVIEW FILE; DRAFT AND SEND SETTLEMENT OFFER TO ROBERT FINE. 1.20 290.00 348.00 CC7 2/4/05 HIMELFARB, DAVID ASSC DISCUSS CASE WITH MR. FINE AND MR. MCLEOD. 0.40 290.00 116.00 CC7 2/7/05 MATTERA, ALEX F. ASSC REVIEW STATUS CORRESPONDENCE OF D. HIMELFARB ON STM LITIGATION. 0.30 245.00 73.50 CC7 2/8/05 MATTERA, ALEX F. ASSC CONFERENCE WITH D. HIMELFARB REGARDING STATUS OF STM LITIGATION AND 0.30 245.00 73.50 CC7 STRATEGY. 2/14/05 MATTERA, ALEX F. ASSC STATUS FROM D. HIMELFARB. 0.30 245.00 73.50 CC7 3/2/05 HIMELFARB, DAVID ASSC DRAFT COUNTER-OFFER AND SEND TO MR. FINE. 0.40 290.00 116.00 CC7 3/8/05 MATTERA, ALEX F. ASSC CONFERENCES WITH D. HIMELFARB REGARDING SETTLEMENT WITH STM CUSTOM 0.40 245.00 98.00 CC7 PACKAGING. 3/11/05 MATTERA, ALEX F. ASSC REVIEW STATUS OF SUIT AND SETTLEMENT NEGOTIATIONS AND CORRESPONDENCE 0.30 245.00 73.50 CC7 WITH D. HIMELFARB. 3/14/05 HIMELFARB, DAVID ASSC DRAFT SETTLEMENT AGREEMENT AND STIPULATION OF DISMISSAL FOR THE STM 2.10 290.00 609.00 CC7 CUSTOM/KEY CONTAINER MATTER; DISCUSS SETTLEMENT CONFERENCE WITH COUNSEL FOR CRA. 3/15/05 HIMELFARB, DAVID ASSC REVISE SETTLEMENT AGREEMENT IN THE STM CUSTOM MATTER; DISCUSS LOGISTICS 0.60 290.00 174.00 CC7 OF SETTLEMENT WITH MR. MATTERA. 3/29/05 MATTERA, ALEX F. ASSC REVIEW AND REVISE SETTLEMENT AGREEMENT WITH STM CUSTOM PACKAGING AND 0.60 245.00 147.00 CC7 CORRESPONDENCE WITH D. HIMELFARB. 4/5/05 HIMELFARB, DAVID ASSC REVIEW AND EDIT MOTION TO APPROVE STM CUSTOM PACKAGING, INC., SETTLEMENT 0.30 290.00 87.00 CC7 AGREEMENT. 4/5/05 MATTERA, ALEX F. ASSC REVIEW COMPLAINT, SETTLEMENT AGREEMENT, AND DRAFT MOTION TO SETTLE STM 1.10 245.00 269.50 CC7 CUSTOM PACKAGING SUIT. 4/6/05 FALLON, REBECCA M. PARALEGAL RECEIVE AND REVIEW E-MAIL FROM A. MATTERA. ACCESS PACER RE NOTICE PARTIES 1.00 145.00 145.00 CC7 FOR SERVICE. PREPARE CERTIFICATE OF SERVICE AND UPDATE SERVICE LIST. 4/6/05 MATTERA, ALEX F. ASSC REVISIONS TO SETTLEMENT AGREEMENT AND COORDINATE FILING, REVIEW STATUS 0.60 245.00 147.00 CC7 OF OTHER PENDING LITIGATION AND CONFERENCE WITH D. HIMELFARB, CORRESPONDENCE WITH BANK. 4/8/05 MATTERA, ALEX F. ASSC REVIEW BANK'S STATEMENT OF NO OBJECTION TO SETTLEMENT MOTION. 0.20 245.00 49.00 CC7 4/29/05 MATTERA, ALEX F. ASSC REVIEW ORDER ON STIPULATION AND CORRESPONDENCE AND CONFERENCE WITH R. 0.30 245.00 73.50 CC7 FINE. ____________ ____________ 13.30 3,464.50EXHIBIT C-8
DATE TKPR NAME RANK- NARRATIVE BILLED RATE VALUE TASK DESC HOURS CODE EXHIBIT C-8 GENERAL CASE ADMINISTRATION 8/25/04 MATTERA, ALEX F. ASSC REVIEW RECENT COURT ORDERS, PENDING MATTERS AND CORRESPONDENCE WITH 0.60 245.00 147.00 CC8 TRUSTEE. 9/24/04 MATTERA, ALEX F. ASSC TELEPHONE CONFERENCE WITH D. LASSMAN REGARDING OPEN ISSUES IN CASE, 0.40 245.00 98.00 CC8 INCLUDING RENT, SALE EFFORTS, 341 MEETING, 2004 EXAM AND INSURANCE MATTERS. 12/10/04 MATTERA, ALEX F. ASSC REVIEW CLIENT MATERIALS, INCLUDING BANK STATEMENTS. 0.90 245.00 220.50 CC8 1/4/05 MATTERA, ALEX F. ASSC REVIEW STM STATUS AND CORRESPONDENCE WITH D. LASSMAN. 0.70 245.00 171.50 CC8 5/4/05 MATTERA, ALEX F. ASSC CORRESPONDENCE WITH C. ALVITI REGARDING OPEN TAX ISSUES. 0.30 245.00 73.50 CC8 5/6/05 MATTERA, ALEX F. ASSC CORRESPONDENCE WITH C. ALVITI REGARDING TAX ISSUES AND DEBTOR'S 0.20 245.00 49.00 CC8 ACCOUNTANT. 8/26/05 MATTERA, ALEX F. ASSC REVIEW RELEASE PROPOSED BY BUYER, CORRESPONDENCE WITH S. SPRINKEL AND 0.70 245.00 171.50 CC8 REVIEW OF BANKRUPTCY PLEADINGS AND ORDERS, CORRESPONDENCE WITH S. HOORT. 10/20/05 MATTERA, ALEX F. ASSC REVIEW MOTION AND ORDER REGARDING CASE MANAGEMENT SCHEDULE AND PRE- 0.40 245.00 98.00 CC8 TRIAL CONFERENCE. 5/9/06 MATTERA, ALEX F. ASSC CORRESPONDENCE AND REVIEW STATUS. 0.40 265.00 106.00 CC8 9/20/06 MATTERA, ALEX F. ASSC REVIEW ORDER ON STATUS REPORT AND RELATED MATTERS. 0.30 265.00 79.50 CC8 1/4/07 MATTERA, ALEX F. ASSC TELEPHONE CONFERENCES WITH J. DAVIS REGARDING CORPORATE STRUCTURE AND 0.40 290.00 116.00 CC8 BACKGROUND INFORMATION OF DEBTOR. 1/24/07 MATTERA, ALEX F. ASSC REVIEW TAX ISSUES, CORRESPONDENCE AND CONFERENCES. 0.50 290.00 145.00 CC8 3/21/07 MATTERA, ALEX F. ASSC CONFERENCES AND CORRESPONDENCE REGARDING STATUS, OPEN MATTERS, 1.50 290.00 435.00 CC8 APPROVAL OF SETTLEMENT AGREEMENT, PROFESSIONALS' APPLICATIONS AND EXPENSE CLAIMS AND OTHER ADMINISTRATIVE MATTERS. 5/1/07 MATTERA, ALEX F. ASSC CORRESPONDENCE REGARDING CHAPTER 11 ADMINISTRATIVE EXPENSE CLAIMS AND 0.50 290.00 145.00 CC8 RELATED ISSUES. 5/8/07 MATTERA, ALEX F. ASSC CORRESPONDENCE WITH COUNSEL TO DEBTOR REGARDING ADMINISTRATIVE CLAIMS 0.90 290.00 261.00 CC8 AND DISTRIBUTIONS TO UNSECURED CREDITORS, SETTLEMENT WITH BANK. 5/9/07 MATTERA, ALEX F. ASSC TELEPHONE CONFERENCES WITH D. LASSMAN REGARDING STATUS, ADMINISTRATIVE 0.80 290.00 232.00 CC8 EXPENSES AND RELATED ISSUES. 5/10/07 MATTERA, ALEX F. ASSC CORRESPONDENCE WITH COUNSEL TO DEBTOR REGARDING FEES, SETTLEMENTS AND 0.50 290.00 145.00 CC8 RELATED MATTERS. 5/11/07 MATTERA, ALEX F. ASSC CONFERENCES WITH COURT AND PARTIES IN INTEREST REGARDING STATUS, 0.60 290.00 174.00 CC8 HEARINGS, RESCHEDULING AND RELATED MATTERS. _______ _____________ 10.60 2,867.50EXHIBIT C-9
DATE TKPR NAME RANK- NARRATIVE BILLED RATE VALUE TASK DESC HOURS CODE EXHIBIT C-9 EMPLOYMENT/FEE APPLICATIONS 4/6/05 MATTERA, ALEX F. ASSC DRAFT APPLICATION TO EMPLOY MATRIX FINANCIAL. 1.10 245.00 269.50 CC9 4/7/05 FALLON, REBECCA M. PARALEGAL RECEIVE AND REVIEW E-MAIL FROM A. MATTERA RE APPLICATION TO EMPLOY. 0.50 145.00 72.50 CC9 PREPARE DECLARATION AND E-MAIL TO C. ALVITI. RECEIVE FAX FROM C. ALVITI. ARRANGE FOR APPLICATION AND AFFIDAVIT TO BE PDF'D FOR FILING. 4/7/05 MATTERA, ALEX F. ASSC CORRESPONDENCE WITH C. ALVITI AND D. LASSMAN REGARDING MOTION TO EMPLOY 0.40 245.00 98.00 CC9 MATRIX FINANCIAL AND COORDINATE FILING OF MOTION AND RELATED PLEADINGS. 3/29/07 FALLON, REBECCA M. PARALEGAL ACCESS PACER; REVIEW DOCKET; DOWNLOAD PLEADINGS. 0.30 170.00 51.00 CC9 3/29/07 FALLON, REBECCA M. PARALEGAL O/C A. MATTERA REGARDING FEE APPLICATION. 0.20 170.00 34.00 CC9 4/3/07 FALLON, REBECCA M. PARALEGAL ACCESS PACER AND REVIEW DOCKET — DOWNLOAD ORDER APPROVING EMPLOYMENT. 0.20 170.00 34.00 CC9 4/5/07 FALLON, REBECCA M. PARALEGAL BEGIN DRAFTING OF FEE APPLICATION. 3.30 170.00 561.00 CC9 4/6/07 FALLON, REBECCA M. PARALEGAL WORK ON FEE APPLICATION. PULL TOGETHER EXHIBITS. DRAFT PROPOSED ORDER. 3.10 170.00 527.00 CC9 4/9/07 FALLON, REBECCA M. PARALEGAL ASSIST H. O'DONNELL WITH SERVICE ISSUES. 0.20 170.00 34.00 CC9 4/24/07 MATTERA, ALEX F. ASSC BEGIN DRAFT FEE APPLICATION FOR CHAPTER 11 PERIOD 2.60 290.00 754.00 CC9 4/25/07 MATTERA, ALEX F. ASSC CONTINUE DRAFT FEE APPLICATION 0.90 290.00 261.00 CC9 4/27/07 MATTERA, ALEX F. ASSC REVIEW TIME ENTRIES AND BEGIN DRAFT APPLICATION FOR FEES AND EXPENSES FOR 1.70 290.00 493.00 CC9 CHAPTER 11 PERIOD OF CASE 4/30/07 FALLON, REBECCA M. PARALEGAL O/C A. MATTERA REGARDING FEE APPLICATION. REVISE PROPOSED ORDER. REVIEW 0.80 170.00 136.00 CC9 SERVICE LIST. PREPARE CERTIFICATE OF SERVICE. 4/30/07 FALLON, REBECCA M. PARALEGAL PDF FEE APPLICATION. ELECTRONICALLY FILE FEE APPLICATION AND ATTEND TO 1.00 170.00 170.00 CC9 SERVICE OF SAME. 4/30/07 MATTERA, ALEX F. ASSC REVIEW FEE APPLICATION OF COUNSEL TO DEBTOR FOR CHAPTER 11 PERIOD AND 0.80 290.00 232.00 CC9 RELATED CORRESPONDENCE 4/30/07 MATTERA, ALEX F. ASSC COMPLETE INTERIM FEE APPLICATION FOR CHAPTER 11 PERIOD 2.30 290.00 667.00 CC9 5/11/07 MATTERA, ALEX F. ASSC CORRESPONDENCE WITH DEBTOR'S COUNSEL REGARDING FEE APPLICATION AND 0.50 290.00 145.00 CC9 RELATED ISSUES. 5/16/07 MATTERA, ALEX F ASSC REVIEW FEE APPLICATION OF DEBTOR'S COUNSEL AND RELATED MATERIALS AND 0.60 290.00 174.00 CC9 CORRESPONDENCE. 5/17/07 MATTERA, ALEX F. ASSC CORRESPONDENCE REGARDING APPLICATION OF DEBTOR'S COUNSEL FOR FEES AND 0.70 290.00 203.00 CC9 EXPENSES AND REVIEW MATERIALS. 6/11/2007 FALLON, REBECCA M. PARALEGAL O/C'S B. SCHREUER AND D. HIMELFARB REGARDING FEES; REVIEW DOCKET WITH D. 0.30 170.00 51.00 CC9 HIMELFARB. 6/19/2007 FALLON, REBECCA M. PARALEGAL RECEIVE AND RESPOND TO E-MAIL FROM C. DALE REGARDING PREPARATION OF FEE 0.10 170.00 17.00 CC9 APPLICATION. 6/22/2007 FALLON, REBECCA M. PARALEGAL REQUEST TIME RECORDS FROM ACCOUNTING. 0.20 170.00 34.00 CC9 6/25/2007 FALLON, REBECCA M. PARALEGAL REVIEW TIME RECORDS; BEGIN TO CATEGORIZE TIME ENTRIES. 4.60 170.00 782.00 CC9 6/26/2007 FALLON, REBECCA M. PARALEGAL CONTINUE CATEGORIZING TIME ENTRIES. 4.00 170.00 680.00 CC9 6/27/2007 FALLON, REBECCA M. PARALEGAL CONTINUE CATEGORIZING TIME ENTRIES. REVIEW EXPENSES AND PREPARE EXHIBIT. 4.00 170.00 680.00 CC9 6/28/2007 FALLON, REBECCA M. PARALEGAL BEGIN DRAFTING SECOND INTERIM FEE APPLICATION. 2.00 170.00 340.00 CC9 6/28/2007 FALLON, REBECCA M. PARALEGAL FINISH CATEGORIZING TIME. E-MAIL SPREADSHEET TO D. HIMELFARB FOR REVIEW 4.00 170.00 680.00 CC9 AND FURTHER CATEGORIZATION. 6/29/2007 FALLON, REBECCA M. PARALEGAL CONTINUE DRAFTING OF SECOND INTERIM FEE APPLICATION. 6.00 170.00 1,020.00 CC9 6/29/2007 FALLON, REBECCA M. PARALEGAL EXCHANGE E-MAILS WITH C. DALE REGARDING STATUS OF FIRST FEE APPLICATION. 0.20 170.00 34.00 CC9 6/29/2007 FALLON, REBECCA M. PARALEGAL REVIEW EXPENSE CHARGES WITH D. HIMELFARB. 0.30 170.00 51.00 CC9 7/5/2007 FALLON, REBECCA M. PARALEGAL REQUEST UPDATED PROFORMA FROM M. RUSSO. 0.20 170.00 34.00 CC9 7/6/2007 FALLON, REBECCA M. PARALEGAL WORK ON FEE SPREADSHEET. 4.00 170.00 680.00 CC9 7/6/2007 HIMELFARB, DAVID ASSC WORK ON FEE APPLICATION 0.70 325.00 227.50 CC9 7/9/07 FALLON, REBECCA M. PARALEGAL CONTINUE WORKING ON SECOND FEE APPLICATION. 6.90 170.00 1,173.00 CC9 7/10/07 FALLON, REBECCA M. PARALEGAL FINISH WORKING WITH TIME RECORDS. REVISIONS TO FEE APPLICATION. COMPILE 5.00 170.00 850.00 CC9 EXHIBITS AND DELIVER DRAFT TO C. DALE AND D. HIMELFARB. 7/11/07 HIMELFARB, DAVID ASSC REVIEW AND EDIT FEE APPLICATION. 1.20 325.00 390.00 CC9 7/19/07 HIMELFARB, DAVID ASSC REVISE AND SEND TO MR. DALE LATEST VERSION OF FEE APPLICATION. 0.30 325.00 97.50 CC9 7/19/07 DALE, CHARLES A. PARTNER REVIEW AND REVISE DRAFT FEE APPLICATION. 1.10 450.00 495.00 CC9 7/23/07 HIMELFARB, DAVID ASSC REVISE AND SEND TO MR. LASSMAN MCCARTER'S SECOND FEE APPLICATION 0.60 325.00 195.00 CC9 7/30/07 FALLON, REBECCA M. PARALEGAL RECEIVE AND REVIEW E-MAIL FROM C. DALE. 0.10 170.00 17.00 CC9 7/31/07 FALLON, REBECCA M. PARALEGAL MEET WITH C. DALE REGARDING FEE APPLICATION. RECEIVE E-MAIL INSTRUCTIONS 0.20 170.00 34.00 CC9 FROM C. DALE REGARDING MONTH OF JULY. ____________ _____________ 67.20 13,478.00EXHIBIT D EXHIBIT D
DESCRIPTION AMOUNT AIRFARE — TRAVEL TO CHICAGO FOR DEPOSITIONS 288.60 BANKRUPTCY COURT FILING FEE 150.00 CAR SERVICES 60.95 CORPORATE FILING FEES 15.00 COURT REPORTER FEES AND TRANSCRIPTS 10,584.10 DOCUMENT SCAN 9.80 FEDERAL EXPRESS 6.47 GOVERNMENT FILING FEES 25.65 GROUND TRANSPORTATION PARKING 333.73 LEXIS/WESTLAW RESEARCH 923.09 LODGING — TRAVEL TO CHICAGO FOR DEPOSITIONS 268.62 MEALS — TRAVEL TO CHICAGO FOR DEPOSITIONS 27.21 MEDIATION FEE 1,923.91 MESSENGER SERVICE 101.30 OFFICE PHOTOCOPY 1,615.81 OUTSIDE PHOTOCOPY SERVICES 336.01 OUTSIDE RESEARCH EXPENSE 97.56 OUTSIDE TITLE EXAMINER 281.25 OVERNIGHT COURIER 81.26 PACER 75.68 POSTAGE 401.31 RECORDING FEES 219.32 SERVICE OF PROCESS 755.55 SPECIAL REPRO/HANDLING EXP 530.81 TELECOPIER 2.00 TRAVEL — CAB AND TRAIN FARES 216.70 _____________ 19,331.69 EXHIBIT E ORDER APPROVING SECOND AND FINAL APPLICATION OF MCCARTER ENGLISH, LLP, COUNSEL TO DONALD R. LASSMAN, TRUSTEE, FOR COMPENSATION AND REIMBURSEMENT OF EXPENSES Upon the second and final application of McCarter English, LLP, formerly known as Gadsby Hannah LLP ("M E"), counsel to Donald R. Lassman, the duly-appointed chapter 11 trustee (the "Trustee") of STM Industries Inc. (the "Debtor"), for an allowance of compensation and for reimbursement of expenses pursuant to 11 U.S.C. section 328 and 330 for the period August 25, 2004 through and including July 31, 2007 ("Application Period"), and adequate notice of such application having been given, IT IS ORDERED:
a. The Application is approved;
b. M E is allowed an award of compensation for professional services rendered to the Trustee during the Application Period in the amount of $223,284.69 for actual and necessary legal services;
c. M EGH is allowed an award of reimbursement of its actual, necessary expenses incurred during the Application Period totaling $19,331.69;
d. that all prior awards of compensation resulting from M E's First Interim Application are approved and confirmed; and,
d. the Trustee is authorized and directed to promptly pay to M E the amounts awarded herein.
SO ORDERED this ______ day of ____________________, 2007