Opinion
22-cv-6213
06-06-2023
TRUSTEES of the MID-AMERICAN CARPENTERS REGIONAL COUNCIL HEALTH FUND et al., Plaintiffs, v. DESIGN BY THREE CONSTRUCTION, INC. and TIFFANY WILSON, Defendants.
Daniel P. McAnally Attorney for the Plaintiffs
Daniel P. McAnally Attorney for the Plaintiffs
SWORN DECLARATION PURSUANT TO 28 U.S.C.A. § 1746
Virginia M. Kendall Judge
Daniel P. McAnally declares as follows:
1. I am an associate of the law firm of McGann, Ketterman & Rioux and am licensed to practice law in the State of Illinois and in the U.S. Dist. Court for Northern District of Illinois, Eastern Division.
2. I have personal knowledge of the facts stated herein and if called to testify in this matter, I can competently testify to such facts from my own such knowledge.
3. I have in excess of 30 years experience representing trustees of employee benefit plans, including the prosecution of Federal Court litigation to collect delinquent employer contributions.
4. The Agreed Order of Dismissal provides for the payment of attorneys' fees and costs incurred in the settlement process and in enforcing the settlement if the Defendant breached the settlement.
5. I have devoted 9.25 hours in connection with the settlement process and enforcement of the settlement agreement. My hourly rate is $250.00 per hour. The attorney fees incurred are $2,312.50.
6. I have spoken with four other lawyers from four different labor law firms who practice this type of ERISA trust fund litigation. Based on my knowledge and experience, the rates charged by the hour in this case are less than or equal to the usual and customary rates charged by other law firms doing similar work in the United States District Court for the Northen District of Illinois.
7. I certify that the attached detailed attorney fees billings totaling $2,312.50 to prepare and enforce the settlement agreement were necessary and reasonable.
8. The total attorney fees due are $2,312.50.
I declare under penalty of perjury under the laws of the United States of America that the foregoing information contained in this Declaration is true and correct.
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