MARIA T. RICO
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Opinion
Dated: April 4, 2024
Bendlo Perf □□□ — 2 Brenda Moody Whinery, Bankruptcy Judge 3 ee 4 5 6 7 UNITED STATES BANKRUPTCY COURT 8 DISTRICT OF ARIZONA 9 In re: Chapter 7 10 MARIA T. RICO, Case No. 0:13-bk-05023-BMW 11 Debtor. RULING AND ORDER REGARDING FIRST AMENDED APPLICATION FOR 13 ALLOWANCE OF ADMINISTRATIVE EXPENSES —- ATTORNEY FEES AND 4 REIMBURSEMENT OF COSTS (DKT. 15 123) AND U.S. TRUSTEE’S OBJECTION THERETO (DKT. 130) 16 17 Before the Court is the First Amended Application for Allowance of Administrativ Expenses — Attorney Fees and Reimbursement of Costs (the “Amended Application”) (Ex. A) 19] filed by Jim D. Smith (“Mr. Smith’), as counsel for the bankruptcy estate (the “Estate’’), in □□□□□ Mr. Smith requests an award of attorney’s fees in the amount of $41,000.00, plus reimbursemen 21] of $221.34 in costs. Mr. Smith is also the appointed Chapter 7 Trustee in this case. 22 The United States Trustee for the District of Arizona (the “U.S. Trustee”) objects to thi 23 | Amended Application on the basis that: (1) Mr. Smith has failed to establish that all fee requested are reasonable; (2) Mr. Smith has failed to establish that all services for which he i seeking compensation were necessary; (3) Mr. Smith is improperly requesting attorne compensation for performing Chapter 7 trustee duties; and (4) Mr. Smith is impermissibl 27 ' Citations to “Ex.” refer to exhibits admitted into evidence during the March 26, 2024 evidentiar 28 hearing. All exhibits are also filings on the designated dockets.
1 seeking compensation for defending his request for attorney’s fees. (Ex. L; see also Ex. N; Ex. 2 O). 3 Mr. Smith maintains that he is seeking fees for compensable legal and paraprofessional 4 services he performed for the benefit of the Estate. (E.g., Dkt. 132;2 Dkt. 154). 5 On February 14, 2024, the Court issued a tentative ruling, which Mr. Smith declined to 6 accept.3 (Dkt. 147; Dkt. 151). Thereafter, an evidentiary hearing scheduling order was issued. 7 (Dkt. 152). 8 On March 15, 2024, the parties filed their joint pre-trial statement (Dkt. 153), and on 9 March 26, 2024, an evidentiary hearing was held (the “Evidentiary Hearing”). At the Evidentiary 10 Hearing, Mr. Smith submitted a declaration in lieu of direct testimony in support of his Amended 11 Application (the “Declaration”) (Dkt. 154), and Mr. Smith was cross-examined by counsel for 12 the U.S. Trustee. Certain documents in the Court record were admitted into evidence, and 13 thereafter the parties presented closing arguments. 14 During closing arguments, Mr. Smith reiterated his request that the Court approve his 15 Amended Application in its entirety. Counsel for the U.S. Trustee asked the Court to reduce Mr. 16 Smith’s attorney fee award to an amount that will allow for payment in full of all allowed general 17 unsecured claims. 18 At the conclusion of the Evidentiary Hearing, the Court took the matter under advisement. 19 Based upon the pleadings, testimony, evidence, and entire record before the Court, the Court now 20 issues its ruling. The following constitutes the Court’s findings of fact and conclusions of law. 21 I. Factual and Procedural Background 22 This Chapter 7 case was filed by Maria T. Rico (the “Debtor”) on April 1, 2013, and Mr. 23 Smith was appointed Chapter 7 Trustee. 24 A claims bar date was set and claims totaling $33,220.43 were filed.4 (Ex. K at 10; 25 3/26/2024 Hearing Tr. 8:25-9:11). 26 2 References to “Dkt.” are references to the administrative docket in this case unless otherwise indicated. 27 3 As part of its tentative ruling, the Court also denied Mr. Smith’s related motion for summary judgment given the outstanding genuine issues of material fact. 28 4 All claims that were filed are general unsecured claims. The holder of Claim 6, which was filed in the 1 Mr. Smith recovered approximately $3,000 for the Estate, nominal disbursements were 2 made to creditors, and Mr. Smith was awarded and paid attorney’s fees in the amount of $1,425 3 for his initial administration of the Estate. (Dkt. 42; Dkt. 54; Ex. K at 9). This case was then 4 closed. 5 Mr. Smith subsequently moved to reopen this case on two occasions for the purpose of 6 administering an undisclosed class action claim. (Dkt. 57; Dkt. 62; Dkt. 67; Dkt. 69; Dkt. 154 at 7 3-4; 3/26/2024 Hearing Tr. 10:13-12:2). 8 Mr. Smith has been reappointed Chapter 7 Trustee upon each reopening of the case, and 9 Mr. Smith has, at his request, been employed as attorney for the Estate upon each reopening. 10 (Dkt. 63; Dkt. 75). At issue in this matter is the period of time between January 22, 2019, when 11 Mr. Smith filed his most recent application to be employed as counsel for the Estate (the 12 “Employment Application”) (Dkt. 72), and February 27, 2023, on which date Mr. Smith filed the 13 Amended Application (the “Application Period”). (Ex. A). 14 After being employed to represent the Estate at the beginning of the Application Period, 15 Mr. Smith filed an application to employ three independent law firms as special counsel (“Special 16 Counsel” and the “Special Counsel Application”) to represent the Estate in a personal injury class 17 action lawsuit (the “Class Action Claim”). (Dkt. 76). 18 The Special Counsel Application was unopposed and approved by the Court on September 19 6, 2019. (Dkt. 82). 20 Thereafter, on November 4, 2019, Mr. Smith filed a motion to approve a settlement of the 21 Class Action Claim, which settlement was negotiated by Special Counsel (the “Class Action 22 Settlement”). (Dkt. 83; 3/26/2024 Hearing Tr. 13:16-21). The Class Action Settlement was 23 unopposed and approved by the Court. (Ex. C). Pursuant to the order approving the Class Action 24 Settlement, Special Counsel was to be paid its agreed-upon contingency fee and $23,544.32 in 25 net proceeds were to be paid to the Estate (the “Class Action Settlement Funds”). (Ex. C). 26 Thereafter, there were no filings on the docket for more than one year. 27 On May 13, 2021, the Debtor’s daughter, Erikka Rico (“Erikka”), filed an adversary 28 complaint against the Debtor and Mr. Smith in his capacity as Chapter 7 Trustee, seeking 1 declaratory relief or partition of certain real property (the “Undisclosed Property”), in which title 2 was held by Erikka and the Debtor (the “Rico Adversary”).5 (Dkt. 91). The Estate therefore 3 asserted a 50% interest in the subject property. (See, e.g. 0:21-ap-00133-BMW at Dkt. 22; Dkt. 4 23). Erikka took the position that the Estate had only bare legal title to the Undisclosed Property. 5 (Dkt. 91). 6 A few months after commencing the Rico Adversary, Erikka filed a motion seeking 7 approval of a sale of the Undisclosed Property for an amount sufficient to generate approximately 8 $267,800 in net proceeds (the “Sale Motion”). (Dkt. 92). Erikka took the position that the Estate 9 was not entitled to any dollar amount over the amount of the allowed claims in this case, plus 10 potential administrative expenses, and she agreed to allow the disputed 50% portion of the net 11 sale proceeds to be held pending further order of the Court. (See Dkt. 92; 9/14/2021 Hearing Tr. 12 5:1-7, 13:24-14:10; 3/26/2024 Hearing Tr. 18:3-21). 13 The Court held a hearing on the Sale Motion and the Rico Adversary on September 14, 14 2021, during which Mr. Smith agreed to allow the sale of the Undisclosed Property to proceed 15 and offered to settle the Estate’s interest in the Undisclosed Property for $33,000, the 16 approximate amount of the claims filed on the claims register, thereby resolving the Rico 17 Adversary as it pertained to the Estate (the “Undisclosed Property Settlement”). (9/14/2021 18 Hearing Tr. 14:11-17, 18:7-15, 18:21-19:1). 19 The Court gave Mr. Smith ample opportunity to reconsider his settlement offer and take 20 into account his attorney’s fees and trustee commission. (9/14/2021 Hearing Tr. 13:3-16:21). The 21 Court asked Mr.
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Dated: April 4, 2024
Bendlo Perf □□□ — 2 Brenda Moody Whinery, Bankruptcy Judge 3 ee 4 5 6 7 UNITED STATES BANKRUPTCY COURT 8 DISTRICT OF ARIZONA 9 In re: Chapter 7 10 MARIA T. RICO, Case No. 0:13-bk-05023-BMW 11 Debtor. RULING AND ORDER REGARDING FIRST AMENDED APPLICATION FOR 13 ALLOWANCE OF ADMINISTRATIVE EXPENSES —- ATTORNEY FEES AND 4 REIMBURSEMENT OF COSTS (DKT. 15 123) AND U.S. TRUSTEE’S OBJECTION THERETO (DKT. 130) 16 17 Before the Court is the First Amended Application for Allowance of Administrativ Expenses — Attorney Fees and Reimbursement of Costs (the “Amended Application”) (Ex. A) 19] filed by Jim D. Smith (“Mr. Smith’), as counsel for the bankruptcy estate (the “Estate’’), in □□□□□ Mr. Smith requests an award of attorney’s fees in the amount of $41,000.00, plus reimbursemen 21] of $221.34 in costs. Mr. Smith is also the appointed Chapter 7 Trustee in this case. 22 The United States Trustee for the District of Arizona (the “U.S. Trustee”) objects to thi 23 | Amended Application on the basis that: (1) Mr. Smith has failed to establish that all fee requested are reasonable; (2) Mr. Smith has failed to establish that all services for which he i seeking compensation were necessary; (3) Mr. Smith is improperly requesting attorne compensation for performing Chapter 7 trustee duties; and (4) Mr. Smith is impermissibl 27 ' Citations to “Ex.” refer to exhibits admitted into evidence during the March 26, 2024 evidentiar 28 hearing. All exhibits are also filings on the designated dockets.
1 seeking compensation for defending his request for attorney’s fees. (Ex. L; see also Ex. N; Ex. 2 O). 3 Mr. Smith maintains that he is seeking fees for compensable legal and paraprofessional 4 services he performed for the benefit of the Estate. (E.g., Dkt. 132;2 Dkt. 154). 5 On February 14, 2024, the Court issued a tentative ruling, which Mr. Smith declined to 6 accept.3 (Dkt. 147; Dkt. 151). Thereafter, an evidentiary hearing scheduling order was issued. 7 (Dkt. 152). 8 On March 15, 2024, the parties filed their joint pre-trial statement (Dkt. 153), and on 9 March 26, 2024, an evidentiary hearing was held (the “Evidentiary Hearing”). At the Evidentiary 10 Hearing, Mr. Smith submitted a declaration in lieu of direct testimony in support of his Amended 11 Application (the “Declaration”) (Dkt. 154), and Mr. Smith was cross-examined by counsel for 12 the U.S. Trustee. Certain documents in the Court record were admitted into evidence, and 13 thereafter the parties presented closing arguments. 14 During closing arguments, Mr. Smith reiterated his request that the Court approve his 15 Amended Application in its entirety. Counsel for the U.S. Trustee asked the Court to reduce Mr. 16 Smith’s attorney fee award to an amount that will allow for payment in full of all allowed general 17 unsecured claims. 18 At the conclusion of the Evidentiary Hearing, the Court took the matter under advisement. 19 Based upon the pleadings, testimony, evidence, and entire record before the Court, the Court now 20 issues its ruling. The following constitutes the Court’s findings of fact and conclusions of law. 21 I. Factual and Procedural Background 22 This Chapter 7 case was filed by Maria T. Rico (the “Debtor”) on April 1, 2013, and Mr. 23 Smith was appointed Chapter 7 Trustee. 24 A claims bar date was set and claims totaling $33,220.43 were filed.4 (Ex. K at 10; 25 3/26/2024 Hearing Tr. 8:25-9:11). 26 2 References to “Dkt.” are references to the administrative docket in this case unless otherwise indicated. 27 3 As part of its tentative ruling, the Court also denied Mr. Smith’s related motion for summary judgment given the outstanding genuine issues of material fact. 28 4 All claims that were filed are general unsecured claims. The holder of Claim 6, which was filed in the 1 Mr. Smith recovered approximately $3,000 for the Estate, nominal disbursements were 2 made to creditors, and Mr. Smith was awarded and paid attorney’s fees in the amount of $1,425 3 for his initial administration of the Estate. (Dkt. 42; Dkt. 54; Ex. K at 9). This case was then 4 closed. 5 Mr. Smith subsequently moved to reopen this case on two occasions for the purpose of 6 administering an undisclosed class action claim. (Dkt. 57; Dkt. 62; Dkt. 67; Dkt. 69; Dkt. 154 at 7 3-4; 3/26/2024 Hearing Tr. 10:13-12:2). 8 Mr. Smith has been reappointed Chapter 7 Trustee upon each reopening of the case, and 9 Mr. Smith has, at his request, been employed as attorney for the Estate upon each reopening. 10 (Dkt. 63; Dkt. 75). At issue in this matter is the period of time between January 22, 2019, when 11 Mr. Smith filed his most recent application to be employed as counsel for the Estate (the 12 “Employment Application”) (Dkt. 72), and February 27, 2023, on which date Mr. Smith filed the 13 Amended Application (the “Application Period”). (Ex. A). 14 After being employed to represent the Estate at the beginning of the Application Period, 15 Mr. Smith filed an application to employ three independent law firms as special counsel (“Special 16 Counsel” and the “Special Counsel Application”) to represent the Estate in a personal injury class 17 action lawsuit (the “Class Action Claim”). (Dkt. 76). 18 The Special Counsel Application was unopposed and approved by the Court on September 19 6, 2019. (Dkt. 82). 20 Thereafter, on November 4, 2019, Mr. Smith filed a motion to approve a settlement of the 21 Class Action Claim, which settlement was negotiated by Special Counsel (the “Class Action 22 Settlement”). (Dkt. 83; 3/26/2024 Hearing Tr. 13:16-21). The Class Action Settlement was 23 unopposed and approved by the Court. (Ex. C). Pursuant to the order approving the Class Action 24 Settlement, Special Counsel was to be paid its agreed-upon contingency fee and $23,544.32 in 25 net proceeds were to be paid to the Estate (the “Class Action Settlement Funds”). (Ex. C). 26 Thereafter, there were no filings on the docket for more than one year. 27 On May 13, 2021, the Debtor’s daughter, Erikka Rico (“Erikka”), filed an adversary 28 complaint against the Debtor and Mr. Smith in his capacity as Chapter 7 Trustee, seeking 1 declaratory relief or partition of certain real property (the “Undisclosed Property”), in which title 2 was held by Erikka and the Debtor (the “Rico Adversary”).5 (Dkt. 91). The Estate therefore 3 asserted a 50% interest in the subject property. (See, e.g. 0:21-ap-00133-BMW at Dkt. 22; Dkt. 4 23). Erikka took the position that the Estate had only bare legal title to the Undisclosed Property. 5 (Dkt. 91). 6 A few months after commencing the Rico Adversary, Erikka filed a motion seeking 7 approval of a sale of the Undisclosed Property for an amount sufficient to generate approximately 8 $267,800 in net proceeds (the “Sale Motion”). (Dkt. 92). Erikka took the position that the Estate 9 was not entitled to any dollar amount over the amount of the allowed claims in this case, plus 10 potential administrative expenses, and she agreed to allow the disputed 50% portion of the net 11 sale proceeds to be held pending further order of the Court. (See Dkt. 92; 9/14/2021 Hearing Tr. 12 5:1-7, 13:24-14:10; 3/26/2024 Hearing Tr. 18:3-21). 13 The Court held a hearing on the Sale Motion and the Rico Adversary on September 14, 14 2021, during which Mr. Smith agreed to allow the sale of the Undisclosed Property to proceed 15 and offered to settle the Estate’s interest in the Undisclosed Property for $33,000, the 16 approximate amount of the claims filed on the claims register, thereby resolving the Rico 17 Adversary as it pertained to the Estate (the “Undisclosed Property Settlement”). (9/14/2021 18 Hearing Tr. 14:11-17, 18:7-15, 18:21-19:1). 19 The Court gave Mr. Smith ample opportunity to reconsider his settlement offer and take 20 into account his attorney’s fees and trustee commission. (9/14/2021 Hearing Tr. 13:3-16:21). The 21 Court asked Mr. Smith if he wanted to increase his settlement offer to account for his 22 administrative expenses, and Mr. Smith expressly declined to do so. (9/14/2021 Hearing Tr. 23 15:17-16:12). 24 At the Evidentiary Hearing regarding the Amended Application, Mr. Smith testified that 25 he agreed to settle the Rico Adversary and Undisclosed Property litigation for the amount of the 26 claims on the claims register because in his opinion, the benefits of the proposed settlement 27 outweighed the costs, delay, and uncertainty of ongoing litigation. (See Dkt. 154 at 7-9). Based 28 1 upon the information provided to the Court, the Court approved the Undisclosed Property 2 Settlement. (Dkt. 103). Thereafter, the parties ultimately performed pursuant to the terms of such 3 settlement, and the Rico Adversary was dismissed with prejudice. (0:21-ap-00133-BMW at Dkt. 4 37). 5 The Court notes that Mr. Smith never informed the Court that the attorney’s fees he would 6 be requesting pertaining to his work concerning the Rico Adversary and Undisclosed Property 7 totaled nearly the full amount of the Undisclosed Property Settlement he proposed. (3/26/2024 8 Hearing Tr. 14:15-15:3, 19:21-24). Mr. Smith testified at the Evidentiary Hearing that he “had 9 no idea what [his] fees were” and that he “[does not] keep track of that until the end [of the case].” 10 (3/26/2024 Hearing Tr. 19:21-20:2, 20:7-11). 11 While the Rico Adversary was pending, Mr. Smith filed an adversary complaint seeking 12 to avoid a security interest encumbering the Undisclosed Property (the “Figure Lending 13 Adversary”).6 (Ex. G). That adversary complaint was voluntarily dismissed by Mr. Smith on the 14 same day the complaint was filed, after it was brought to Mr. Smith’s attention that the statute of 15 limitations on the claim had run. (Ex. H; see also 3/26/2024 Hearing Tr. 21:10-22:2). The Estate 16 received no recovery as a result of the Figure Lending Adversary. (3/26/2024 Hearing Tr. 22:4- 17 10). 18 Thereafter, on January 21, 2022, Mr. Smith filed an adversary complaint against Special 19 Counsel alleging that Special Counsel failed to recover the Class Action Settlement Funds for 20 the Estate (the “Special Counsel Adversary”).7 (Ex. B). Mr. Smith testified that he filed the 21 Special Counsel Adversary because he was having difficulty obtaining the Class Action 22 Settlement Funds from the funds administrator (the “Class Action Settlement Administrator”).8 23 (3/26/2024 Hearing Tr. 27:8-21). Mr. Smith also testified that he did not expect Special Counsel 24 to sign the release form(s) required by the Class Action Settlement Administrator for the release 25 of the Class Action Settlement Funds to the Estate. (3/26/2024 Hearing Tr. 28:11-14). 26
27 6 Smith v. Rico et al. (0:21-ap-00231-BMW). 7 Smith v. Nick H. Johnson dba Johnson Law Firm et al. (0:22-ap-00011-BMW). 28 8 The order approving the Class Action Settlement does not indicate that Special Counsel was responsible 1 Shortly after commencing the Special Counsel Adversary, in or about February 2022, Mr. 2 Smith signed and returned a release form to the Class Action Settlement Administrator, and the 3 Class Action Settlement Funds owing to the Estate were remitted to Mr. Smith. (3/26/2024 4 Hearing Tr. 28:23-30:5). Mr. Smith has provided no documentation to support that any collection 5 efforts pertaining to the Class Action Settlement Funds required the services of an attorney. (See 6 3/26/2024 Hearing Tr. 29:16-30:14). 7 Even after payment in full of the Class Action Settlement Funds owing to the Estate, Mr. 8 Smith continued to pursue the Special Counsel Adversary for reasons that are unclear to the 9 Court. 10 On, April 13, 2022, at the initial Rule 7016 scheduling conference, this Court summarily 11 dismissed the Special Counsel Adversary complaint given that the Class Action Settlement Funds 12 had been tendered to Mr. Smith and no issues pertaining to the Class Action Claim or Class 13 Action Settlement remained outstanding. (Ex. E). The Special Counsel Adversary resulted in no 14 additional recovery for the Estate. (3/26/2024 Hearing Tr. 30:20-22). 15 Thereafter, on April 27, 2022, Mr. Smith filed a motion to limit notice in the 16 administrative case (the “Motion to Limit Notice”), which was unopposed and granted. (Dkt. 17 113; Dkt. 115). 18 On May 26, 2022, Mr. Smith filed an application requesting attorney’s fees in the amount 19 of $35,960.00 and reimbursement of expenses in the amount of $211.39 (the “Initial 20 Application”). (Ex. I). 21 The U.S. Trustee objected to the Initial Application, and the application was withdrawn. 22 (Ex. J; Dkt. 122). 23 Thereafter, Mr. Smith filed the Amended Application. In the Amended Application, Mr. 24 Smith requests an award of attorney’s fees and related paraprofessional fees in the amount of 25 $41,000,9 plus reimbursement of $221.34 in expenses, pertaining to: (1) his Employment 26
27 9 Mr. Smith asserts that he billed a total of $46,985 in attorney and paraprofessional fees, which fees were billed at a rate of $300 per hour for attorney time and $125 per hour for paraprofessional time, and that 28 he has agreed to a voluntary reduction in the amount of $5,985. (Ex. A at 3). These numbers are not 1 Application; (2) the Special Counsel Application; (3) the Class Action Settlement; (4) the 2 Undisclosed Property and related Rico Adversary; (5) the Figure Lending Adversary; (6) the 3 Special Counsel Adversary; (7) the Motion to Limit Notice; and (8) the Amended Application. 4 (Ex. A). 5 On the same date Mr. Smith filed his Amended Application, Mr. Smith filed a Trustee’s 6 Application for Compensation and Reimbursement of Expenses (the “Trustee Application”), in 7 which Mr. Smith requests a trustee commission in the amount of $7,545.23.10 (Dkt. 125). The 8 Trustee Application is unopposed. 9 Mr. Smith also filed his trustee’s final report (the “TFR”). (Ex. K). The TFR reflects that 10 Mr. Smith collected a total of $85,904.50 for the Estate in this case, which funds were primarily 11 derived from the Class Action Settlement and Undisclosed Property Settlement. (See Ex. K; Dkt. 12 154 at 4). The TFR reflects that Mr. Smith is holding a balance of $56,194.32.11 (Ex. K at 1, 9). 13 Thus, Mr. Smith is seeking to pay himself approximately 86% of the remaining funds of the 14 Estate.12 (See Ex. K at 9). 15 There is no dispute that the remaining unpaid general unsecured claims in this case total 16 $30,956.22. (See Ex. K at 10; Dkt. 146; 3/26/2024 Hearing Tr. 8:8-10:6). If Mr. Smith’s Amended 17 Application and Trustee Application were to be approved, general unsecured creditors would be 18 paid an estimated $7,453.88, and would thus receive an approximate 24% return in this case. (Ex. 19 K at 10). 20 II. Legal Analysis and Conclusions of Law 21 “The Bankruptcy Code requires the trustee to do his or her own work[.]” Smith v. U.S. 22 Trustee (In re Rivera), BAP No. AZ-23-1047-LCF, 2023 WL 8776750, at *6 (9th Cir. B.A.P. 23 Dec. 19, 2023). “If the court has authorized a trustee to serve as an attorney . . . for the estate . . 24 . the court may allow compensation for the trustee’s services as such attorney . . . only to the 25 extent that the trustee performed services as attorney . . . for the estate and not for performance 26 10 $726.13 of this amount has been paid to Mr. Smith as interim compensation. (Dkt. 125 at 1). 27 11 Most of the disbursements to date pertain to the Court-approved payment of Special Counsel and expenses related to the Class Action Settlement. (See Ex. K at 4-8). 28 12 This figure takes into account all unpaid attorney’s fees for which Mr. Smith is seeking Court approval, 1 of any of the trustee’s duties that are generally performed by a trustee without the assistance of 2 an attorney . . . for the estate.” 11 U.S.C. § 328(b). “Only when unique difficulties arise may 3 compensation be provided for services which coincide or overlap with the trustee’s duties and 4 only to the extent of matters requiring legal expertise.” Ferrette & Slater v. U.S. Trustee (In re 5 Garcia), 335 B.R. 717, 725 (9th Cir. B.A.P. 2005) (quoting United States Trustee v. Porter, 6 Wright, Morris & Arthur (In re J.W. Knapp), 930 F.2d 386, 388 (4th Cir. 1991) in Sousa v. 7 Miguel (In re U.S. Trustee), 32 F.3d 1370, 1373 (9th Cir. 1994)). 8 Further, pursuant to § 330(a) of the Bankruptcy Code, attorneys for the estate are only 9 entitled to “reasonable compensation for actual, necessary services” they render, considering “the 10 nature, the extent, and the value of such services, taking into account all relevant factors,” 11 including the time spent on the services, the rate charged, the necessity and benefit of the services 12 provided, the time spent on the services, the qualifications of the attorney, and the customary 13 compensation charged by comparably skilled attorneys in other cases. 11 U.S.C. § 330(a). 14 “Beyond the literal language that the services must be reasonable and necessary to be 15 compensable, ‘[p]rofessionals have an obligation to exercise billing judgment[,]’” and it is 16 appropriate for the Court to consider the anticipated return to creditors when assessing a request 17 for attorney’s fees. In re Rivera, 2023 WL 8776750, at *8 (quoting in part Lobel & Opera v. U.S. 18 Tr. (In re Auto Parts Club, Inc.), 211 B.R. 29, 33 (9th Cir. B.A.P. 1997)). “The ‘actual and 19 necessary’ prong of § 330(a)(1) requires the trustee to consider the potential for recovery and 20 balance the effort required against the results that might be achieved.” Id. at *9. 21 With respect to attorney billing practices, because the Court must evaluate each service 22 and the time spent on each task billed, the lumping of multiple tasks into a single billing entry is 23 “universally disapproved by bankruptcy courts” and may warrant a fee reduction. Thomas v. 24 Namba (In re Thomas), No. BAP CC-08-1307-HMOPA, 2009 WL 7751299, at *5 (9th Cir. 25 B.A.P, July 6, 2009), aff’d, 474 F.App’x 500 (9th Cir. 2012) (internal quotation omitted). 26 The party seeking attorney’s fees has the burden of establishing that he is entitled to such 27 fees. Roderick v. Levy (In re Roderick Timber Co.), 185 B.R. 601, 606 (9th Cir. B.A.P. 1995); 28 see also In re Rivera, 2023 WL 8776750, at *6 (recognizing that the objecting party must 1 establish that the fees at issue are unreasonable, but this burden on the objecting party does not 2 relieve the applicant from his burden of establishing that the fees requested are reasonable in the 3 first instance). Further, “the Bankruptcy Code and cases interpreting § 330 make clear that the 4 trial court has an independent obligation, whether a party objects or not, to review, critique, and 5 reduce the fees requested if necessary, using the given standards[.]” In re Rivera, 2023 WL 6 8776750, at *5; see also 11 U.S.C. § 330(a)(2). 7 In this case, there is no dispute that Mr. Smith was appointed Chapter 7 Trustee, was 8 employed as attorney for the Estate, has extensive experience practicing in the area of bankruptcy 9 law, and recovered funds for the Estate. There is also no dispute that Mr. Smith performed the 10 services for which he billed. Further, the Court finds Mr. Smith’s billing rate to be reasonable. 11 However, it is the determination of the Court that certain services for which Mr. Smith is seeking 12 compensation are not compensable attorney services, that certain work billed to the Estate was 13 not necessary, and that certain fees requested are unreasonable given the totality of the facts and 14 circumstances of this case. A line-item analysis of each time entry attached to the Amended 15 Application, which sets forth this Court’s reductions and disallowances, is attached as Exhibit A 16 to this Ruling and Order and is incorporated herein in its entirety. The basis for the Court’s 17 reductions and disallowances is set forth below. 18 1. The Employment Application 19 It is routine in this District for attorneys for Chapter 7 estates to request and be awarded 20 compensation for preparing attorney employment applications. However, in this case, certain 21 services pertaining to the Employment Application were improperly billed at Mr. Smith’s 22 attorney rate. Filing pleadings and lodging orders are paraprofessional tasks. A reduction of the 23 fees billed for work pertaining to the Employment Application is therefore warranted. 24 2. The Special Counsel Application and Class Action Settlement 25 As discussed above, work pertaining to attorney employment applications is generally 26 compensable in this District. Services pertaining to settlement agreements may also be 27 compensable attorney services, and in this case, the U.S. Trustee does not dispute that the work 28 Mr. Smith did to employ Special Counsel and obtain approval of the Class Action Settlement is 1 generally compensable attorney work. (3/26/2024 Hearing Tr. 40:14-25). However, as with Mr. 2 Smith’s Employment Application, a number of tasks pertaining to the Special Counsel 3 Application and Class Action Settlement are paraprofessional tasks that were improperly billed 4 at Mr. Smith’s attorney rate. Filing documents, preparing notices, and lodging orders are 5 generally paraprofessional services. A reduction of the fees billed for work pertaining to the 6 Special Counsel Application and Class Action Settlement is therefore warranted. 7 3. The Undisclosed Property, Rico Adversary, and Undisclosed Property Settlement 8 Mr. Smith chose to settle the Rico Adversary for $33,000, representing the approximate 9 amount of the claims filed on the claims register, even after the Court suggested that Mr. Smith 10 consider the amount of his administrative expense claims, including attorney’s fees.13 11 Mr. Smith’s testimony that he did not have any idea what the amount of his attorney’s 12 fees were at the time he agreed to settle the Undisclosed Property litigation is damning. An 13 attorney for an estate should always know, or have the ability to quickly determine, the 14 outstanding amount of his fees. To propose a settlement of the Undisclosed Property litigation 15 without any knowledge of the accrued, administrative expenses reflects poor judgment, and a 16 dereliction of duties owed to the Estate and its creditors. 17 Mr. Smith has billed the Estate in excess of $30,000 for work pertaining to the 18 Undisclosed Property, Rico Adversary, and Undisclosed Property Settlement. (See Ex. A; Dkt. 19 154 at 7; 3/26/2024 Hearing Tr. 14:21-25). If Mr. Smith were to be awarded the full amount of 20 the fees he has requested for such work, the monetary benefit to the Estate resulting from the 21 Undisclosed Property Settlement would be negligible and the claims of the Estate pertaining to 22 the Undisclosed Property would be administered for the sole benefit of an Estate professional. 23 (See 3/26/2024 Hearing Tr. 15:5-12). Mr. Smith could have avoided this outcome but chose not 24 to.14
25 13 Mr. Smith has suggested that his position and leverage were going to be interrupted by the Court 26 allowing a sale of the Undisclosed Property to occur, which in part led Mr. Smith to offer to settle the Undisclosed Property litigation for $33,000. (Dkt. 154 at 9). However, by allowing the Undisclosed 27 Property to be sold, all the Court was allowing was the liquidation of real property to cash. 14 There were proceeds from the sale of the Undisclosed Property sufficient to pay all claims of the Estate 28 and Mr. Smith’s reasonable attorney’s fees and trustee commission in full. (See Dkt. 108 at Ex. B; 1 It is the determination of this Court that the amount of the fees Mr. Smith has requested 2 for work pertaining to the Undisclosed Property, Rico Adversary, and Undisclosed Property 3 Settlement is therefore unreasonable and must be significantly reduced. The consequences of Mr. 4 Smith’s decision not to pursue a recovery sufficient to cover some or all of his administrative 5 expenses should not, and will not, be borne by general unsecured creditors. Further, trustee tasks 6 performed in connection with the Undisclosed Property and Rico Adversary are not compensable 7 as attorney services. 8 4. The Figure Lending Adversary 9 Mr. Smith initiated and then voluntarily dismissed the Figure Lending Adversary on the 10 same day. Mr. Smith acknowledged in his notice of dismissal that the statute of limitations on 11 the claim at issue had run. (Ex. H). During the Evidentiary Hearing, Mr. Smith conceded that the 12 Figure Lending Adversary provided no benefit to the Estate. (3/26/2024 Hearing Tr. 22:4-10). 13 The request for more than $1,400 in fees for services pertaining to the Figure Lending Adversary 14 is therefore unreasonable, and it is the determination of the Court that the majority of the fees 15 Mr. Smith is requesting for work pertaining to the Figure Lending Adversary must be disallowed. 16 5. The Special Counsel Adversary and Class Action Settlement Collection Efforts 17 Based upon a review of the administrative and Special Counsel Adversary dockets, Mr. 18 Smith’s testimony at the Evidentiary Hearing, and Mr. Smith’s billing entries pertaining to the 19 Special Counsel Adversary and efforts to collect the Class Action Settlement Funds owing to the 20 Estate, Mr. Smith has billed the Estate more than $6,400 for communicating with third-parties 21 about release of the Class Action Settlement Funds, executing release forms, and pursuing the 22 Special Counsel Adversary, which adversary proceeding was promptly dismissed by the Court. 23 Mr. Smith’s Declaration includes a general assertion that there were “many disputes and 24 issues which were resolved with the Class Action Settlement Administrator and disputes with 25 Special Counsel, which included [the Special Counsel Adversary].” (Dkt. 154 at 6). However, 26 by his general conclusory statement, Mr. Smith has not satisfied his burden of establishing that 27
28 sufficient to pay all claims and administrative expenses in full pending further Court order. (9/14/2021 1 the related services for which he has billed the Estate were attorney services. Executing releases, 2 communicating with class action administrators, and filling out paperwork to obtain class action 3 settlement funds are all standard trustee duties. The record further reflects that certain of the 4 services for which Mr. Smith has billed the Estate for tasks related to the Special Counsel 5 Adversary were not necessary and provided no benefit to the Estate. It is therefore the 6 determination of the Court that nearly all of the fees Mr. Smith is requesting for work pertaining 7 to the Special Counsel Adversary and collection of the Class Action Settlement Funds must be 8 disallowed. 9 6. The Motion to Limit Notice 10 The Motion to Limit Notice pertains to an ordinary administrative component of the 11 bankruptcy case that falls within the purview of a Chapter 7 trustee’s duties. The work pertaining 12 to the Motion to Limit Notice is therefore not compensable attorney work. 13 7. The Amended Application 14 Attorneys are entitled to reasonable compensation for preparing fee applications, but they 15 are not entitled to compensation for defending such fee applications. Baker Botts, L.L.P. v. 16 ASARCO LLC, 576 U.S. 121, 124, 135 S. Ct. 2158, 2162, 192 L. Ed. 2d 208 (2015). 17 Mr. Smith sought an award of attorney’s fees in the amount of $35,960 in the Initial 18 Application, and he is requesting an award of attorney’s fees in the amount of $41,000 in the 19 Amended Application. The U.S. Trustee filed an objection to the Initial Application, but no 20 additional attorney services were performed by Mr. Smith between the time the Initial 21 Application was filed and the time the Amended Application was filed. Although not argued 22 during the Evidentiary Hearing, the U.S. Trustee has suggested that given the increase in the fees 23 requested, Mr. Smith is impermissibly billing the Estate approximately $5,000 for defending his 24 request for attorney’s fees. 25 Based upon the Court’s review of the record, in his respective applications, Mr. Smith 26 only billed the Estate for time spent preparing such applications. (See Ex. I at 23; Ex. A at 23). It 27 therefore appears to this Court that the discrepancy in dollar amount does not reflect improper 28 billing of time for defending a fee application and instead pertains to differences in Mr. Smith’s 1 built in reductions. However, the fees requested warrant a reduction on reasonableness grounds 2 and on the basis that certain paraprofessional tasks were improperly billed. 3 III. Conclusion 4 Although Mr. Smith argues that he performed the services for which he has billed, and 5 that there would have been no recovery for the Estate had he not performed those services, such 6 that he is entitled to the fees requested, Mr. Smith’s arguments fail to account for the prohibition 7 against attorney compensation for the performance of trustee duties and the necessary and 8 reasonableness requirements for compensation under § 330 of the Bankruptcy Code. 9 Based upon the foregoing analysis, the Court’s independent review of the Amended 10 Application, the Court’s consideration of the funds recovered in this case, the sources of such 11 recovery, the tasks performed by Mr. Smith, the claims filed in this case, the anticipated return 12 to creditors, and the totality of the circumstances, it is the determination of this Court that a 13 reduction in the amount of $26,498.75 is warranted, which reduction should result in a 100% 14 return to general unsecured creditors with allowed claims in this case.15 15 Based upon the foregoing, and for good cause shown; 16 IT IS HEREBY ORDERED that the United States Trustee’s Objection to: (1) First 17 Amended Application for Allowance of Administrative Expense – Attorney Fees and 18 Reimbursement of Costs; and (2) Entry of an Order Approving Trustee’s Final Report (Dkt. 130) 19 is sustained and denied in part, as set forth herein. 20 IT IS FURTHER ORDERED that pursuant to the Amended Application, Mr. Smith is 21 awarded attorney’s fees in the reduced amount of $17,308.75, together with expenses in the 22 amount of $221.34. 23 DATED AND SIGNED ABOVE. 24 25 26
27 15 Even with this reduction, Mr. Smith, between his trustee compensation and attorney’s fees, will still receive approximately 30% of the gross receipts recovered for the Estate. The Court’s reduction is taken 28 from the total of the time entries submitted by Mr. Smith, and does not take into account any voluntary 1 EXHIBIT A’® 2 3 Entry Billing Entry Rate and Fee Basis for Reduction Date Time Billed | Reduction | and/or Disallowance 4 and/or Disallowance > 1/22/19 | Case Administration: | 0.20 hours | $30 Lumped attorney and 6 Reviewed Case for at attorney paraprofessional tasks Conflicts; Drafted & | rate of $300 all billed at attorney 7 Filed required per hour = tate. See section □□□□ 8 Conflicts of Interest | $60 of the Ruling and Declaration . . . (Doc. Order. 9 #73 1/22/19 | Case Administration: | 0.30 hours | $30 Lumped attorney and 10 Drafted, Revised & at attorney paraprofessional tasks 11 Filed Pleading — rate of $300 all billed at attorney “Application to per hour = tate. See section IL.1 12 Employ Attorney for | $90 of the Ruling and 3 Estate” (Doc. #72 Order. 1/22/19 | Case Administration: | 0.30 hours | $30 Lumped attorney and 14 Drafted & Lodged at attorney paraprofessional tasks 15 proposed “Order rate of $300 all billed at attorney Authorizing per hour = tate. See section □□□□ 16 Employment of $90 of the Ruling and Attorney for Estate” Order. 17 Doc. #74 18 1/24/19 | Non-Disclosed Mesh | 0.40 hours | None N/A Implant Class Action | at attorney 19 Claim: Reviewed rate of $300 0 “Judge’s per hour = Procedures”; Drafted | $120 21 & Revised proposed “Disclosure 22 Statement” Re: 3 Employment of Special Counsels 24 25 26 27 — 16 This Exhibit was generated from the billing statements attached to the Amended Application. Thos 28 billing statements do not take into account the voluntary reduction Mr. Smith has agreed to accept. Th Court’s reductions are therefore based upon the total fees billed.
1 Entry Billing Entry Rate and Fee Basis for Reduction Date Time Billed | Reduction | and/or Disallowance 2 and/or Disallowance 3 1/24/19 | Non-Disclosed Mesh | 0.30 hours | None N/A A Implant Class Action | at attorney Claim: Drafted & trate of $300 5 Revised proposed per hour = 6 “Order Approving $90 Trustee’s 7 Employment of Special Counsel” 8 1/24/19 | Non-Disclosed Mesh | 0.20 hours | $35 Reduced to para- 9 Implant Class Action | at attorney professional rate Claim: e-mailed rate of $300 given the nature of 10 proposed Order & per hour = the task described. Disclosure Statement | $60 See section II.2 of the Ls Ruling and Order. 12 1/28/19 | Non-Disclosed Mesh | 0.20 hours | None N/A G3 Implant Class Action | at attorney Claim: e-mails .. . rate of $300 14 Re: Appointment of | per hour = Special Counsel - $60 15 Issues 16 3/25/19 | Non-Disclosed Mesh | 0.30 hours | None N/A Implant Class Action | at attorney 17 Claim: Reviewed file; | rate of $300 18 e-mail... Re: Status | per hour = of proposed $90 19 Disclosure Statement & signatures 20! | 4/8/19 | Non-Disclosed Mesh |0.10 hours | None N/A 71 Implant Class Action | at attorney Claim: Rec’d & Att’n | rate of $300 22 to e-mail... Re: per hour = 73 Status of signed $30 Disclosure Statement 24 & signatures... 8/26/19 | Non-Disclosed Mesh | 0.30 hours | None N/A 25 Implant Class Action | at attorney 2%6 Claim: Reviewed file; | rate of $300 e-mail... Re: Status | per hour = 27 of signed Disclosure | $90 28 Statement
1 Entry Billing Entry Rate and Fee Basis for Reduction Date Time Billed | Reduction | and/or Disallowance 2 and/or Disallowance 3 8/26/19 | Non-Disclosed Mesh | 0.10 hours | None N/A A Implant Class Action | at attorney Claim: e-mail... Re: | rate of $300 5 Status of signed per hour = 6 Disclosure Statement | $30 8/27/19 | Non-Disclosed Mesh | 0.10 hours | None N/A 7 Implant Class Action | at attorney Claim: Rec’d & Att’n | rate of $300 8 - . = to e-mail... Re: per hour = 9 Disclosure Statement | $30 Issues 10) 9/4/19 | Non-Disclosed Mesh | 0.10 hours | None N/A 1 Implant Class Action | at attorney Claim: Rec’d & Att’n | rate of $300 12 to e-mail... & per hour = G3 signed Disclosure $30 Statement 14 9/5/19 Non-Disclosed Mesh | 0.90 hours | $60 Lumped attorney and Implant Class Action | at attorney paraprofessional tasks 15 Claim: Reviewed rate of $300 all billed at attorney 16 “Judge’s per hour = tate. See section □□□□ Procedures”; $270 of the Ruling and 17 Prepared & Filed Order. 18 Pleading — “Application to 19 Approve Employment of 20 Special Counsel” 2] (Doc. #76) 9/5/19 Non-Disclosed Mesh | 0.20 hours | $35 Reduced to para- 22 Implant Class Action | at attorney professional rate 73 Claim: Filed signed _| rate of $300 given the nature of Special Counsel per hour = the task described. 24 “Disclosure $60 See section II.2 of the Statement” (Doc. Ruling and Order. 25 #77)... 26 27 28
1 Entry Billing Entry Rate and Fee Basis for Reduction Date Time Billed | Reduction | and/or Disallowance 2 and/or Disallowance 3 9/5/19 Non-Disclosed Mesh | 0.50 hours | $60 Lumped attorney and A Implant Class Action | at attorney paraprofessional tasks Claim: Prepared, trate of $300 all billed at attorney 5 Upload & Lodge per hour = tate. See section □□□□ 6 proposed “Order $150 of the Ruling and Approving Trustee’s Order. 7 Employment of Special Counsel” 8 (Doc. #78) 9 9/8/19 Non-Disclosed Mesh | 0.40 hours | $60 Lumped attorney and Implant Class Action | at attorney paraprofessional tasks 10 Claim: Revised & rate of $300 all billed at attorney Lodged proposed per hour = tate. See section □□□□ amended “Order $120 of the Ruling and 12 Approving Trustee’s Order. Employment of 13 Special Counsel” 14 (Doc. #81)... 10/16/19 | Non-Disclosed Mesh | 0.20 hours | None N/A 15 Implant Class Action | at attorney 16 Claim: e-mail... Re: | rate of $300 Order Approving per hour = 17 Employment of $60 Special Counsel & 18 Disbursement 19 Statement 10/16/19 | Non-Disclosed Mesh | 0.40 hours | None N/A 20 Implant Class Action | at attorney 2] Claim: Rec’d & Att’n | rate of $300 to e-mail with per hour = 22 proposed $120 Disbursement 23 Statement & 24 proposed Release Form... 25 26 27 28
1 Entry Billing Entry Rate and Fee Basis for Reduction Date Time Billed | Reduction | and/or Disallowance 2 and/or Disallowance 3 11/4/19 | Non-Disclosed Mesh | 0.90 hours | $60 Lumped attorney and A Implant Class Action | at attorney paraprofessional tasks Claim: Prepared, trate of $300 all billed at attorney 5 Revised & Filed per hour = tate. See section □□□□ 6 Pleading — “‘Trustee’s | $270 of the Ruling and Application to Order. 7 Approve Settlement of Class Action 8 Claim” (Doc. #83) 9 11/4/19 | Non-Disclosed Mesh | 1.00 hours | $60 Lumped attorney and Implant Class Action | at attorney paraprofessional tasks 10 Claim: Reviewed rate of $300 all billed at attorney “Judge’s per hour = tate. See section □□□□ Procedures”; $300 of the Ruling and 12 Prepared, Revised & Order. Filed Pleading — 13 “T > rustee’s 14 Application for Approval of Payment 15 of Contingency Fees 16 to Special Counsel” Doc. #84 17 11/4/19 | Non-Disclosed Mesh | 0.30 hours | None N/A Implant Class Action | at para- 18 Claim: Prepared & professional 19 Filed Pleading rate of $125 “Notice of Filing per hour = 20 Trustee’s Application | $37.50 2] to Approve Settlement and 22 Payment of Fees” Doc. #85 23) [11/19/19 | Non-Disclosed Mesh |0.20hours | None N/A 24 Implant Class Action | at attorney Claim: Rec’d & Att’n | rate of $300 25 to e-mail... Re: per hour = 26 Trustee’s Motion to | $60 Approve Settlement 27 & Release Form 28
1 Entry Billing Entry Rate and Fee Basis for Reduction Date Time Billed | Reduction | and/or Disallowance 2 and/or Disallowance 3 2/3/20 Non-Disclosed Mesh | 0.10 hours | None N/A A Implant Class Action | at attorney Claim: Rec’d & Att’n | rate of $300 5 to e-mail... Re: per hour = 6 Order Approving $30 Settlement 7 3/6/20 Non-Disclosed Mesh | 0.10 hours | None N/A Implant Class Action | at attorney 8 Claim: Rec’d & Att’n | rate of $300 9 to e-mail .. . Re: per hour = Order Approving $30 10 Settlement . . . 1 3/6/20 Non-Disclosed Mesh | 0.10 hours | None N/A Implant Class Action | at para- 12 Claim: Reviewed... | professional G3 Docket for possible rate of $125 Objections to per hour = 14 proposed Settlement | $12.50 & Payment of Fees IS! | 3/6/20 | Non-Disclosed Mesh | 0.20 hours | None N/A 16 Implant Class Action | at para- Claim: Prepared & professional 17 Filed “Report of No | rate of $125 18 Objection and per hour = Request for Entry of | $25 19 Order” (Doc. #87 3/6/20 Non-Disclosed Mesh | 0.80 hours | $30 Lumped attorney and 20 Implant Class Action | at attorney paraprofessional tasks 71 Claim: Drafted, rate of $300 all billed at attorney Revised & Lodged per hour = tate. See section □□□□ 22 proposed “Order $240 of the Ruling and 73 Approving Trustee’s Order. Settlement and 24 Authorizing Payment of Contingency Fees” 25 (Doc. #88) 26 27 28
1 Entry Billing Entry Rate and Fee Basis for Reduction Date Time Billed | Reduction | and/or Disallowance 2 and/or Disallowance 3 3/10/20 | Non-Disclosed Mesh | 0.20 hours | $60 Based upon the A Implant Class Action | at attorney record, these were Claim: Reviewed trate of $300 trustee administration 5 File; e-mail... Re: per hour = and collection task(s) 6 Order & Payment of | $60 that required no legal Settlement Funds expertise. See section 7 II.5 of the Ruling and Order. 8 3/10/20 | Non-Disclosed Mesh | 0.30 hours | $90 Based upon the 9 Implant Class Action | at attorney record, these were Claim: Ree’d & Att’n | rate of $300 trustee administration 10 to e-mail... Re: per hour = and collection task(s) Disbursement of $90 that required no legal Settlement Funds & expertise. See section 12 New Release Form . . II.5 of the Ruling and . Order. 13 12/16/20 | Non-Disclosed Mesh | 0.30 hours | $90 Based upon the 14 Implant Class Action | at attorney record, these were Claim: Reviewed file; | rate of $300 trustee administration 15 e-mail... Re: Status | per hour = and collection task(s) 16 of Payment/New $90 that required no legal Release Form expertise. See section 17 II.5 of the Ruling and Order. 18 12/16/20 | Non-Disclosed Mesh | 0.10 hours | $30 Based upon the 19 Implant Class Action | at attorney record, these were Claim: Rec’d & Att’n | rate of $300 trustee administration 20 to e-mail... Re: New | per hour = and collection task(s) 2] Release Form $30 that required no legal expertise. See section 22 II.5 of the Ruling and Order. 23 1/14/21 | Non-Disclosed Mesh | 0.20 hours | $60 Based upon the 24 Implant Class Action | at attorney record, these were Claim: e-mails... rate of $300 trustee administration 25 Re: New Release per hour = and collection task(s) 2% Form $60 that required no legal expertise. See section 27 II.5 of the Ruling and 28 Order.
1 Entry Billing Entry Rate and Fee Basis for Reduction Date Time Billed | Reduction | and/or Disallowance 2 and/or Disallowance 3 1/20/21 | Non-Disclosed Mesh | 0.30 hours | $90 Based upon the A Implant Class Action | at attorney record, these were Claim: Ltr. . . with trate of $300 trustee administration 5 another signed per hour = and collection task(s) 6 Release Form $90 that required no legal expertise. See section 7 II.5 of the Ruling and Order. 8 1/26/21 | Non-Disclosed Mesh | 0.10 hours | $30 Based upon the 9 Implant Class Action | at attorney record, these were Claim: Ree’d & Att’n | rate of $300 trustee administration 10 to e-mail ... Re: per hour = and collection task(s) New Release Form $30 that required no legal expertise. See section 12 II.5 of the Ruling and Order. 13 4/19/21 Non-Disclosed Real | 0.30 hours $45, Reduction based 14 Property: Office atattorney | representing a | upon reasonableness Meeting with Debtor | rate of $300 | 50% review, as discussed 15 Re: Sale of Real per hour= | reduction in section II.3 of the 16 peny: Reviewed | $90 Ruling and Order. ile 17 4/20/21 Non-Disclosed Real | 1.00 hours | $150, Reduction based 18 Property: Internet atattorney | representing a | upon reasonableness Research Re: tate of $300 | 50% review, as discussed 19 Possible Non- per hour = reduction in section II.3 of the Disclosed Real Estate | $300 Ruling and Order. 20 Interests . . . 71 4/20/21 Non-Disclosed Real | 0.10 hours $15, Reduction based Property: Rec’d & atattorney | representing a | upon reasonableness 22 Att’n to e-mail... rate of $300 | 50% review, as discussed 73 Re: Real Property per hour= | reduction in section II.3 of the $30 Ruling and Order. 94 4/20/21 Non-Disclosed Mesh _ | 0.10 hours $30 Based upon the Implant Class Action | at attorney record, these were 25 Claim: Ree’d & Att’n | rate of $300 trustee administration 26 to e-mail... Re: per hour = and collection task(s) Release Form & $30 that required no legal 27 Payment of expertise. See section Settlement Funds IL.5 of the Ruling and 28 Order.
1 Entry Billing Entry Rate and Fee Basis for Reduction Date Time Billed | Reduction | and/or Disallowance 2 and/or Disallowance 3 4/20/21 Non-Disclosed Real |0.30hours | $45, Reduction based A Property: L.D.T.C.’s | atattorney | representing a | upon reasonableness to/from Real Estate rate of $300 | 50% review, as discussed 5 Agent... per hour= | reduction in section II.3 of the 6 $90 Ruling and Order. 4/20/21 Non-Disclosed Real | 0.20 hours | $30, Reduction based 7 Property: T.C.’s at attorney | representing a | upon reasonableness to/from Debtor Re: tate of $300 | 50% review, as discussed 8 Class Action Claim & | perhour= | reduction in section II.3 of the 9 Real Property . . . $60 Ruling and Order. 10 4/20/21 Non-Disclosed Real | 0.60 hours $90, Reduction based 1 Property: Office at attorney | representing a | upon reasonableness Meeting . . . Re: tate of $300 | 50% review, as discussed 12 Explain Debtor’s per hour= | reduction in section II.3 of the G3 Interest in Class $180 Ruling and Order. Action Claim & 14 possible non- disclosed Real 15 Property . . . 16 4/20/21 Non-Disclosed Real | 0.60 hours | $90, Reduction based Property: Internet at attorney | representing a | upon reasonableness 17 Research—...Fees_ | rate of $300 | 50% review, as discussed 18 & Recording per hour= | reduction in section II.3 of the Information $180 Ruling and Order. 19 4/20/21 Non-Disclosed Real | 0.70 hours $105, Reduction based Property: Prepared at attorney | representing a | upon reasonableness 20 three (3) “Notice of | rate of $300 | 50% review, as discussed 71 Bankruptcy” for per hour= | reduction in section II.3 of the recording $210 Ruling and Order. 22 4/20/21 | Non-Disclosed Real | 0.20 hours | $30, Reduction based 3 Property: Ltr to Pinal | at attorney | representing a | upon reasonableness County Recorder’s tate of $300 | 50% review, as discussed 94 Office with “Notice per hour = reduction in section II.3 of the of Bankruptcy” for $60 Ruling and Order. 25 Recording 26 27 28
1 Entry Billing Entry Rate and Fee Basis for Reduction Date Time Billed | Reduction | and/or Disallowance 2 and/or Disallowance 3 4/20/21 Non-Disclosed Real |0.20hours | $30, Reduction based A Property: Ltr to Pima | atattorney | representing a | upon reasonableness County Recorder’s tate of $300 | 50% review, as discussed 5 Office with “Notice | perhour= __ | reduction in section II.3 of the 6 of Bankruptcy” for $60 Ruling and Order. Recording 7 4/20/21 Non-Disclosed Real | 0.20hours | $30, Reduction based Property: Ltr to at attorney | representing a | upon reasonableness 8 Maricopa County tate of $300 | 50% review, as discussed 9 Recorder’s Office perhour= | reduction in section II.3 of the with “Notice of $60 Ruling and Order. 10 Bankruptcy” for Recording 4/21/21 Non-Disclosed Real | 0.10 hours $15, Reduction based 12 Property: Rec’d & at attorney | representing a | upon reasonableness G3 Att’n to e-mail... rate of $300 | 50% review, as discussed per hour= | reduction in section II.3 of the 14 $30 Ruling and Order. 4/21/21 Non-Disclosed Real | 0.80 hours | $120, Reduction based 15 Property: Drafted, at attorney | representing a | upon reasonableness 16 Revised & Finalized | rate of $300 | 50% review, as discussed proposed per hour= | reduction in section II.3 of the 17 “Asreement” $240 Ruling and Order. 18 4/21/21 Non-Disclosed Real 0.10 hours | $15, Reduction based Property: e-mail to.. | atattorney | representing a | upon reasonableness 19 . Empire West Title rate of $300 | 50% review, as discussed Agency with per hour= | reduction in section II.3 of the 20 proposed Agreement | $30 Ruling and Order. 71 4/21/21 Non-Disclosed Real | 0.30 hours $45, Reduction based Property: L.D.T.C.’s . | atattorney | representing a | upon reasonableness 22 .. Re: Request for rate of $300 | 50% review, as discussed 3 Sale Doc’s & per hour= | reduction in section II.3 of the Information $90 Ruling and Order. 24 4/22/21 | Non-Disclosed Real | 0.20 hours | $60 The task described is Property: Internet at attorney administrative in 25 Research Re: rate of $300 nature. %6 Location & Driving __| per hour = Instructions . . . $60 27 28
1 Entry Billing Entry Rate and Fee Basis for Reduction Date Time Billed | Reduction | and/or Disallowance 2 and/or Disallowance 3 4/22/21 Non-Disclosed Real 10.00 hours | $2,000 Reduction based A Property: Trip to at attorney upon reasonableness Maricopa, AZ & to rate of $300 review, as discussed 5 Florence, AZ to per hour = in section II.3 of the 6 Investigate possible | $3,000 Ruling and Order. interest in non- There is also no 7 disclosed real breakout of travel property... time, warranting a 8 further reduction. 9 4/22/21 Non-Disclosed Real | 1.50 hours | $225, Reduction based Property: Researched | at attorney | representing a | upon reasonableness 10 Records (Deeds)... | rate of $300 | 50% teview, as discussed per hour= | reduction in section II.3 of the $450 Ruling and Order. 12 4/25/21 Non-Disclosed Real [0.20 hours | $30, Reduction based G3 Property: Rec’d & at attorney | representing a | upon reasonableness Att’n to telephone rate of $300 | 50% review, as discussed 14 message from per hour= | reduction in section II.3 of the Phoenix Att’y Ronald | $60 Ruling and Order. 15 Ellett ... 16 4/25/21 Non-Disclosed Real | 0.40 hours | $60, Reduction based Property: Rec’d & at attorney | representing a | upon reasonableness 17 Att’n to e-mail from | rate of $300 | 50% review, as discussed 18 Att’y Ellett with per hour= | reduction in section II.3 of the revised proposed Sale | $120 Ruling and Order. 19 Agreement 4/25/21 Non-Disclosed Real 0.10 hours | $15, Reduction based 20 Property: E-mail to at attorney | representing a | upon reasonableness 71 Att’y Ellett Re: rate of $300 | 50% review, as discussed Revisions to per hour= | reduction in section II.3 of the 22 Agreement $30 Ruling and Order. 3 4/26/21 Non-Disclosed Real |0.20hours | $30, Reduction based Property: L.D.T.C’s | atattorney | representing a | upon reasonableness 94 to Att’y Ronald Ellett | rate of $300 | 50% review, as discussed ee per hour= | reduction in section II.3 of the 25 $60 Ruling and Order. 26 27 28
1 Entry Billing Entry Rate and Fee Basis for Reduction Date Time Billed | Reduction | and/or Disallowance 2 and/or Disallowance 3 4/26/21 Non-Disclosed Real 1.00 hours | $150, Reduction based A Property: L.D.T.C.’s | atattorney | representing a | upon reasonableness to/from Att’y Ronald | rate of $300 | 50% review, as discussed 5 Ellett Re: Demands & | perhour= __| reduction in section II.3 of the 6 Settlement Proposals | $300 Ruling and Order. 4/28/21 Non-Disclosed Real 1.00 hours | $150, Reduction based 7 Property: T.C.’s at attorney | representing a | upon reasonableness to/from Att’y Thomas | rate of $300 | 50% review, as discussed 8 Allen (Debtor’s new | perhour= __ | reduction in section II.3 of the 9 Att’y) Re: Settlement | $300 Ruling and Order. proposals, Issues, etc. 10 4/29/21 Non-Disclosed Real | 0.20 hours $30, Reduction based 1 Property: Rec’d & at attorney | representing a | upon reasonableness Att’n to e-mail from | rate of $300 | 50% review, as discussed 12 Att’y Ellett (More per hour= | reduction in section II.3 of the G3 Demands & $60 Ruling and Order. Settlement Proposals 14 4/30/21 Non-Disclosed Real |0.20hours | $30, Reduction based Property: e-mails at attorney | representing a | upon reasonableness 15 to/from . . . Empire rate of $300 | 50% review, as discussed 16 West Title Agency per hour= | reduction in section II.3 of the Re: Status of Sale & | $60 Ruling and Order. 17 Bankruptcy 18 Agreement 4/30/21 Non-Disclosed Real | 0.80 hours | $120, Reduction based 19 Property: Att’n to at attorney | representing a | upon reasonableness More T.C.’s & e- tate of $300 | 50% review, as discussed 20 mails to/from Att’y per hour= | reduction in section II.3 of the 71 Ronald Ellett $240 Ruling and Order. 4/30/21 Non-Disclosed Real | 0.40 hours | $60, Reduction based 22 Property: T.C.’s with | atattorney | representing a | upon reasonableness 3 ... (Brother to tate of $300 | 50% review, as discussed proposed Buyer of per hour= | reduction in section II.3 of the 94 Home) $120 Ruling and Order. 25 26 27 28
1 Entry Billing Entry Rate and Fee Basis for Reduction Date Time Billed | Reduction | and/or Disallowance 2 and/or Disallowance 3 5/6/21 Non-Disclosed Real |0.20hours | $30, Reduction based A Property: e-mails at attorney | representing a | upon reasonableness to/from . . . Empire tate of $300 | 50% review, as discussed 5 West Title Agency per hour= | reduction in section II.3 of the 6 Re: Status of $60 Ruling and Order. Settlement of 7 Bankruptcy Estate’s Interest 8 5/6/21 Non-Disclosed Real | 0.20hours | $30, Reduction based 9 Property: L.D.T.C.’s_ | atattorney | representing a | upon reasonableness to Att’y Thomas rate of $300 | 50% review, as discussed 10 Allen (left Messages) | perhour= __ | reduction in section II.3 of the $60 Ruling and Order. 5/6/21 Non-Disclosed Real | 0.30 hours $45, Reduction based 12 Property: L.D.T.C.’s | atattorney | representing a | upon reasonableness G3 to/from... (Brother | rate of $300 | 50% review, as discussed of proposed Buyer) per hour= | reduction in section II.3 of the 14 $90 Ruling and Order. 5/7/21 Non-Disclosed Real | 7.00 hours | $1,400 Reduction based 15 Property: Trip to at attorney upon reasonableness 16 Maricopa, AZ Re: tate of $300 review, as discussed Occupancy & Sale per hour = in section II.3 of the 17 Issues $2,100 Ruling and Order. There is also no 18 breakout of travel 19 time, warranting a further reduction. 20 5/27/21 Non-Disclosed Real | 0.40 hours | $60, Reduction based 71 Property: T.C.’s at attorney | representing a upon reasonableness to/from Att’y Thomas | rate of $300 | 50% review, as discussed 22 Allen Re: Settlement | perhour= | reduction in section II.3 of the 73 Issues $120 Ruling and Order. 6/2/21 Erikka Rico v. 1.50 hours $225, Reduction based 24 Trustee, Adv. #21- at attorney | representing a | upon reasonableness 133: Legal Research | rate of $300 | 50% review, as discussed 25 Re: Objectionable per hour= | reduction in section II.3 of the 26 Issues, Exhibits in $450 Ruling and Order. Plaintiff's Complaint 27 Lee 28
1 Entry Billing Entry Rate and Fee Basis for Reduction Date Time Billed | Reduction | and/or Disallowance 2 and/or Disallowance 31 6/3/21 | Erikka Rico v. 1.00 hours | $150, Reduction based A Trustee, Adv. #21- at attorney | representing a | upon reasonableness 133: More Legal tate of $300 | 50% review, as discussed 5 Research re: per hour= | reduction in section II.3 of the 6 Objectionable $300 Ruling and Order. Exhibits Issues 7 6/3/21 Erikka Rico v. 1.00 hours | $150, Reduction based Trustee, Adv. #21- at attorney | representing a | upon reasonableness 8 133: Begin work on ‘| rate of $300 | 50% review, as discussed 9 Response Pleading— | perhour= | reduction in section II.3 of the “Motion to Strike” $300 Ruling and Order. 10) | 6/4/21 __| Erikka Rico v. 1.00 hours | $180 Reduction based 1 Trustee, Adv. #21- at attorney upon reasonableness 133: Finalized, Filed | rate of $300 review, as discussed 12 & Served Pleading— | per hour = in section II.3 of the G3 “Motion to Strike” $300 Ruling and Order. (Doc. #6) Given the lumping of 14 attorney and paraprofessional I5 tasks, which were all 16 billed at the attorney tate, an additional 17 reduction 1s warranted. 18) [6/721 | Erika Rico v. 0.80 hours | $120, Reduction based 19 Trustee, Adv. #21- at attorney | representing a | upon reasonableness 133: Reviewed File — | rate of $300 | 50% review, as discussed 20 worked on Discovery | perhour= | reduction in section II.3 of the 2] Matters/Issues $240 Ruling and Order. 22 23 24 25 26 27 28
1 Entry Billing Entry Rate and Fee Basis for Reduction Date Time Billed | Reduction | and/or Disallowance 2 and/or Disallowance 3 6/7/21 Erikka Rico v. 1.50 hours | $300 Reduction based A Trustee, Adv. #21- at attorney upon reasonableness 133: Prepared, & rate of $300 review, as discussed 5 Served Subpoena to | per hour = in section II.3 of the 6 Produce Documents — | $450 Ruling and Order. Loan File on Figure Given the lumping of 7 Lending... attorney and paraprofessional 8 tasks, which were all 9 billed at the attorney rate, an additional 10 reduction 1s il warranted. 6/8/21 Erikka Rico v. 1.50 hours | $300 Reduction based 12 Trustee, Adv. #21- at attorney upon reasonableness 133: Prepared & rate of $300 review, as discussed 13 Served Subpoena to | per hour = in section II.3 of the 14 Produce Documents — | $450 Ruling and Order. Loan File on Alliance Given the lumping of 15 Financial Resources attorney and 16 paraprofessional tasks, which were all 17 billed at the attorney tate, an additional 18 reduction 1s 19 warranted. 6/8/21 Erikka Rico v. 0.80 hours | $120, Reduction based 20 Trustee, Adv. #21- at attorney | representing a | upon reasonableness 1 133: Rec’d & Att’n to | rate of $300 | 50% review, as discussed Pleadings — “Notice | perhour= __ | reduction in section II.3 of the 22 of Appearance .. .” & | $240 Ruling and Order. “Answer to 23 Complaint...” 24 6/10/21 Erikka Rico v. 1.00 hours | $150, Reduction based Trustee, Adv. #21- at attorney | representing a | upon reasonableness 25 133: Rec’d & Att’n to | rate of $300 | 50% review, as discussed “Notice of per hour= | reduction in section II.3 of the Scheduling $300 Ruling and Order. 27 Conference... .”: Limited Legal 28 Research
1 Entry Billing Entry Rate and Fee Basis for Reduction Date Time Billed | Reduction | and/or Disallowance 2 and/or Disallowance 3 6/24/21 Erikka Rico v. 1.50 hours $225, Reduction based A Trustee, Adv. #21- atattorney | representing a | upon reasonableness 133: Rec’d & Att’n to | rate of $300 | 50% review, as discussed 5 “Amended Complaint | per hour= | reduction in section II.3 of the 6 2 $450 Ruling and Order. 6/28/21 Erikka Rico v. 1.00 hours $150, Reduction based 7 Trustee, Adv. #21- atattorney | representing a | upon reasonableness 133: Rec’d & Att’n to | rate of $300 | 50% review, as discussed 8 Pleading —‘“‘Motion | perhour= __ | reduction in section II.3 of the 9 for Partial Summary | $300 Ruling and Order. Judgment on Count I 10 Requesting Partition’; Limited Legal Research Re: 12 Partition Actions .. . G3 6/28/21 Erikka Rico v. 1.50 hours $225, Reduction based Trustee, Adv. #21- atattorney | representing a | upon reasonableness 14 133: Rec’d & Att’n to | rate of $300 | 50% review, as discussed Pleading — “Separate | perhour= __ | reduction in section II.3 of the 15 Statement of Facts for | $450 Ruling and Order. 16 Motion for Partial Summary Judgment . 17 18 6/29/21 Erikka Rico v. 1.00 hours $150, Reduction based Trustee, Adv. #21- atattorney | representing a | upon reasonableness 19 133: Rec’d & Att’n to | rate of $300 | 50% review, as discussed “Defendant’s Initial | perhour= __ | reduction in section II.3 of the 20 Rule 26 Disclosure $300 Ruling and Order. 71 Statement”... 6/29/21 Erikka Rico v. 0.50 hours $75, Reduction based 22 Trustee, Adv. #21- atattorney | representing a | upon reasonableness 73 133: Rec’d & Att’n to | rate of $300 | 50% review, as discussed “Notice of Service of | perhour= __ | reduction in section II.3 of the 24 Plaintiff s Initial $150 Ruling and Order. Disclosure 25 Statement” 26 27 28
1 Entry Billing Entry Rate and Fee Basis for Reduction Date Time Billed | Reduction | and/or Disallowance 2 and/or Disallowance 3 7/2/21 Erikka Rico v. 0.10 hours | $15, Reduction based A Trustee, Adv. #21- at attorney | representing a | upon reasonableness 133: Figure Lending | rate of $300 | 50% review, as discussed 5 —Rece’d & Att’ntoe- | perhour= | reduction in section II.3 of the 6 mail from Atty... $30 Ruling and Order. Re: Subpoena 7 7/5/21 Erikka Rico v. 0.50 hours | $75, Reduction based Trustee, Adv. #21- at attorney | representing a | upon reasonableness 8 133: Legal Research | rate of $300 | 50% review, as discussed 9 Re: Time to Respond | per hour= __ | reduction in section II.3 of the to Motion for $150 Ruling and Order. 10 Summary Judgment . 7/5/21 Erikka Rico v. 0.30 hours $45, Reduction based 12 Trustee, Adv. #21- at attorney | representing a | upon reasonableness G3 133: Rec’d Returned | rate of $300 | 50% review, as discussed Alliance Financial per hour= | reduction in section II.3 of the 14 Subpoena . . .; $90 Ruling and Order. Research Re: New 15 Address 16 7/6/21 Erikka Rico v. 1.00 hours | $180 Reduction based Trustee, Adv. #21- at attorney upon reasonableness 17 133: Revised & rate of $300 review, as discussed 18 Served Subpoena to | per hour = in section II.3 of the Produce Loan File on | $300 Ruling and Order. 19 Alliance Financial . . . Given the lumping of attorney and 20 paraprofessional 2] tasks, which were all billed at the attorney 22 tate, an additional reduction is 23 warranted. 24 25 26 27 28
1 Entry Billing Entry Rate and Fee Basis for Reduction Date Time Billed | Reduction | and/or Disallowance 2 and/or Disallowance 3} |7/6/21 ‘| Exikka Rico v. 1.00 hours | $180 Reduction based A Trustee, Adv. #21- at attorney upon reasonableness 133: Drafted, rate of $300 review, as discussed 5 Revised, Filed & per hour = in section II.3 of the 6 Served Pleading — $300 Ruling and Order. “Motion to Strike” Given the lumping of 7 (Doc. #14) attorney and paraprofessional 8 tasks, which were all 9 billed at the attorney rate, an additional 10 reduction 1s il warranted. 7/7/21 Erikka Rico v. 0.30 hours $45, Reduction based 12 Trustee, Adv. #21- at attorney | representing a | upon reasonableness 133: Figure Lending | rate of $300 | 50% review, as discussed 13 —L.D.T.C.’s...Re: | perhour= | reduction in section II.3 of the 14 Required $90 Ruling and Order. Confidentiality 15 Agreement 16 7/8/21 Erikka Rico v. 0.80 hours | $120, Reduction based Trustee, Adv. #21- at attorney | representing a | upon reasonableness 17 133: Figure Lending | rate of $300 | 50% review, as discussed — Reviewed per hour= | reduction in section II.3 of the 18 Confidentiality $240 Ruling and Order. 19 Agreement; e-mailed signed Agreement ... 20 7/12/21 | Erikka Rico v. 0.20 hours | $30, Reduction based 2] Trustee, Adv. #21- at attorney | representing a | upon reasonableness 133: Figure Lending | rate of $300 | 50% review, as discussed 22 —Rece’d & Att’ntoe- | perhour= | reduction in section II.3 of the mail... Re: $60 Ruling and Order. 23 Password for 24 Production of Doc’s 7/15/21 Erikka Rico v. 0.30 hours $45, Reduction based 25 Trustee, Adv. #21- at attorney | representing a | upon reasonableness 2% 133: Figure Lending | rate of $300 | 50% review, as discussed —L.D.T.C.’s...Re: | perhour= | reduction in section II.3 of the 27 Subpoena Documents | $90 Ruling and Order. 28
1 Entry Billing Entry Rate and Fee Basis for Reduction Date Time Billed | Reduction | and/or Disallowance 2 and/or Disallowance 31 |7/14/21 | Erikka Rico v. 0.20 hours | $30, Reduction based A Trustee, Adv. #21- at attorney | representing a | upon reasonableness 133: e-mails...Re: | rate of $300 | 50% review, as discussed 5 Conference Call per hour= | reduction in section II.3 of the 6 $60 Ruling and Order. 7/14/21 Erikka Rico v. 0.30 hours | $45, Reduction based 7 Trustee, Adv. #21- at attorney | representing a | upon reasonableness 133: Rec’d & Att’n to | rate of $300 | 50% review, as discussed 8 Pleading— “Answer | perhour= __ | reduction in section II.3 of the 9 to Amended $90 Ruling and Order. Complaint . . .” 10) | 7/15/21 _ | Erikka Rico v. 0.50 hours | $75, Reduction based 1 Trustee, Adv. #21- at attorney | representing a | upon reasonableness 133: Reviewed File: | rate of $300 | 50% review, as discussed 12 Ltr to Att’y Ellett Re: | per hour= | reduction in section II.3 of the G3 Omitted Disclosure $150 Ruling and Order. Exhibits 14 7/15/21 Erikka Rico v. 1.00 hours | $150, Reduction based Trustee, Adv. #21- at attorney | representing a | upon reasonableness 15 133: Motion for rate of $300 | 50% review, as discussed 16 Summary Judgment — | per hour= | reduction in section II.3 of the Legal Research $300 Ruling and Order. 17 7/15/21 | Erikka Rico v. 3.00 hours | $500 Reduction based 18 Trustee, Adv. #21- at attorney upon reasonableness 133: Drafted, tate of $300 review, as discussed 19 Numerous Revisions, | per hour = in section II.3 of the Filed & Served $900 Ruling and Order. 20 Pleading — ““Trustee’s Given the lumping of 71 Motion to Deny or attorney and Allow Extended paraprofessional 22 Time to Respond to tasks, which were all 73 Plaintiff's Motion for billed at the attorney Partial Summary rate, an additional 24 Judgment” (Doc. reduction is #16) warranted. 25 26 27 28
1 Entry Billing Entry Rate and Fee Basis for Reduction Date Time Billed | Reduction | and/or Disallowance 2 and/or Disallowance 3! |7/16/21 | Erikka Rico v. 0.50 hours | $75, Reduction based A Trustee, Adv. #21- at attorney | representing a | upon reasonableness 133: Rec’d & Att’n to | rate of $300 | 50% review, as discussed 5 Pleading — per hour= | reduction in section II.3 of the 6 “Statement of $150 Ruling and Order. Position Regarding 7 Motion for Partial Summary Judgment 8 on Count II 9 Requesting Partition” Doc. #17)... | 7/20/21 | Erikka Rico v. 0.20 hours | $30, Reduction based Trustee, Adv. #21- at attorney | representing a | upon reasonableness 133: Rec’d & Att’n to | rate of $300 | 50% review, as discussed 12 Pleading — “Response | perhour= | reduction in section II.3 of the to Defendant’s $60 Ruling and Order. 13 Motion to Strike” 14 (Doc. #18) 7/20/21 Erikka Rico v. 1.50 hours | $225, Reduction based 15 Trustee, Adv. #21- at attorney | representing a | upon reasonableness 16 133: Prepared for & | rate of $300 | 50% review, as discussed Handled Required per hour= | reduction in section II.3 of the 17 Rule 26(f) $450 Ruling and Order. Conference 18 7/20/21 Erikka Rico v. 0.30 hours | $60 Reduction based 19 Trustee, Adv. #21- at attorney upon reasonableness 133: e-mailed copy of | rate of $300 review, as discussed 20 Subpoenas to Atty per hour = in section II.3 of the 2] Ellett ... $90 Ruling and Order. Given that the task 22 described is paraprofessional in 23 nature but was billed 24 at the attorney rate, an additional 25 reduction is warranted. 27 28
1 Entry Billing Entry Rate and Fee Basis for Reduction Date Time Billed | Reduction | and/or Disallowance 2 and/or Disallowance 3 7/28/21 Erikka Rico v. 4.00 hours | $600, Reduction based A Trustee, Adv. #21- at attorney | representing a | upon reasonableness 133: Worked on Rule | rate of $300 | 50% review, as discussed 5 26 Disclosure per hour= | reduction in section II.3 of the 6 Statement; Studied $1,200 Ruling and Order. Discovery Doc’s 7 from Mortgage Compan 8 7/29/21 Erikka Rico v. 1.50 hours | $225, Reduction based 9 Trustee, Adv. #21- atattorney | representing a | upon reasonableness 133: Worked on tate of $300 | 50% review, as discussed 10 Value Mortgage per hour= | reduction in section II.3 of the Funding Subpoena.. | $450 Ruling and Order. 12 7/29/21 ‘| Erikka Rico v. 1.00 hours | $200 Reduction based G3 Trustee, Adv. #21- at attorney upon reasonableness 133: Prepared & rate of $300 review, as discussed 14 Served Subpoena to | per hour = in section II.3 of the Produce Documents — | $300 Ruling and Order. 15 Loan File on Value Given the lumping of 16 Mortgage Funding attorney and paraprofessional 17 tasks, which were all billed at the attorney 18 tate, an additional 19 reduction is warranted. 20] | 7/29/21 | Erikka Rico v. 0.40 hours | $25 Reduction based 2] Trustee, Adv. #21- at para- upon reasonableness 133: Prepared, Filed | professional review, as discussed 22 & Served “Notice of | rate of $125 in section II.3 of the Issuance of per hour = Ruling and Order. 23 Subpoena” $50 24 7/29/21 Erikka Rico v. 0.50 hours | $75, Reduction based Trustee, Adv. #21- at attorney | representing a | upon reasonableness 25 133: Office Meeting . | rate of $300 | 50% review, as discussed 2% .. Re: Issues & perhour= | reduction in section II.3 of the Possible Settlement $150 Ruling and Order. 27 28
1 Entry Billing Entry Rate and Fee Basis for Reduction Date Time Billed | Reduction | and/or Disallowance 2 and/or Disallowance 3} 3/3/21 ‘| Exikka Rico v. 2.00 hours | $350 Reduction based A Trustee, Adv. #21- at attorney upon reasonableness 133: Prepared, Filed | rate of $300 review, as discussed 5 & Served Pleading | per hour = in section II.3 of the 6 “Trustee’s Initial $600 Ruling and Order. Rule 26 Disclosure Given the lumping of 7 Statement”... attorney and paraprofessional 8 tasks, which were all 9 billed at the attorney rate, an additional 10 reduction 1s il warranted. 8/10/21 Erikka Rico v. 0.30 hours $45, Reduction based 12 Trustee, Adv. #21- atattorney | representing a | upon reasonableness 133: Value Mortgage | rate of $300 | 50% review, as discussed 13 Funding Subpoena per hour= | reduction in section II.3 of the 14 returned — $90 Ruling and Order. “Undeliverable”’; 15 Research new address 16 8/10/21 Erikka Rico v. 1.10 hours | $180 Reduction based Trustee, Adv. #21- at attorney upon reasonableness 17 133: Prepared, & tate of $300 review, as discussed Served New per hour = in section II.3 of the 18 Subpoena on Value $330 Ruling and Order. 19 Mortgage Funding . . Given the lumping of . attorney and 20 paraprofessional 1 tasks, which were all billed at the attorney 22 tate, an additional reduction is 23 warranted. 24 8/10/21 Erikka Rico v. 0.40 hours | $25 Reduction based Trustee, Adv. #21- at para- upon reasonableness 25 133: Prepared, Filed | professional review, as discussed 26 & Served “Notice of | rate of $125 in section II.3 of the Issuance of per hour = Ruling and Order. 27 Subpoena” $50 28
1 Entry Billing Entry Rate and Fee Basis for Reduction Date Time Billed | Reduction | and/or Disallowance 2 and/or Disallowance 3 8/13/21 Erikka Rico v. 1.50 hours | $300 Reduction based A Trustee, Adv. #21- at attorney upon reasonableness 133: Prepared & trate of $300 review, as discussed 5 Served Two (2) per hour = in section II.3 of the 6 Subpoenas on Former | $450 Ruling and Order. Managers of Alliance Given the lumping of 7 Financial . . . attorney and paraprofessional 8 tasks, which were all 9 billed at the attorney rate, an additional 10 reduction 1s il warranted. 8/13/21 Erikka Rico v. 0.40 hours | $25 Reduction based 12 Trustee, Adv. #21- at para- upon reasonableness 133: Prepared & professional review, as discussed 13 Filed “Notice of rate of $125 in section II.3 of the 14 Issuance of per hour = Ruling and Order. Subpoena” $50 15 8/16/21 | Erikka Rico v. 0.60 hours | $90, Reduction based 16 Trustee, Adv. #21- at attorney | representing a | upon reasonableness 133: Discovery Issues | rate of $300 | 50% review, as discussed 17 — Legal Research Re: | perhour= | reduction in section II.3 of the Motion to Produce $180 Ruling and Order. 18 Documents . . . 19 8/16/21 Erikka Rico v. 1.00 hours | $150, Reduction based Trustee, Adv. #21- at attorney | representing a | upon reasonableness 20 133: Discovery Issues | rate of $300 | 50% review, as discussed 2] — Drafted, Revised & | perhour= | reduction in section II.3 of the Finalized Two (2) $300 Ruling and Order. 22 “Request to Produce Documents”... 23 8/16/21 Erikka Rico v. 0.40 hours $25, Reduction based 24 Trustee, Adv. #21- at para- representing a | upon reasonableness 133: Served Request | professional | 50% review, as discussed 25 to Produce rate of $125 | reduction in section II.3 of the 2% Documents . . . per hour = Ruling and Order. $50 27 28
1 Entry Billing Entry Rate and Fee Basis for Reduction Date Time Billed | Reduction | and/or Disallowance 2 and/or Disallowance 3 8/16/21 Erikka Rico v. 0.30 hours $18.75, Reduction based A Trustee, Adv. #21- at para- representing a | upon reasonableness 133: Prepared & professional | 50% review, as discussed 5 Filed “Notice of rate of $125 | reduction in section II.3 of the 6 Service” (Doc. #19) | per hour = Ruling and Order. $37.50 7 8/24/21 Erikka Rico v. 0.30 hours $45, Reduction based Trustee, Adv. #21- atattorney | representing a | upon reasonableness 8 133: Discovery Issues | rate of $300 | 50% review, as discussed 9 — Prepared Two (2) perhour= | reduction in section II.3 of the “Trustee’s Second $90 Ruling and Order. 10 Request to Produce 1 Documents”... 8/24/21 Erikka Rico v. 0.30 hours $18.75, Reduction based 12 Trustee, Adv. #21- at para- representing a | upon reasonableness G3 133: Served Request | professional | 50% review, as discussed to Produce rate of $125 | reduction in section II.3 of the 14 Documents . . . per hour = Ruling and Order. $37.50 15 8/24/21 | Erikka Rico v. 0.30 hours | $18.75, Reduction based 16 Trustee, Adv. #21- at para- representing a | upon reasonableness 133: Prepared & professional | 50% review, as discussed 17 Filed “Notice of rate of $125 | reduction in section II.3 of the 18 Service” (Doc. #20) | per hour = Ruling and Order. $37.50 19 8/24/21 Erikka Rico v. 0.50 hours $75, Reduction based Trustee, Adv. #21- atattorney | representing a | upon reasonableness 20 133: Rec’d & Att’n to | rate of $300 | 50% review, as discussed 71 proposed “Rule 26(f) | perhour= | reduction in section II.3 of the Joint Proposed $150 Ruling and Order. 22 Discovery Plan and 73 Report” from Att’y Ellett 94 8/25/21 Erikka Rico v. 0.70 hours $105, Reduction based Trustee, Adv. #21- atattorney | representing a | upon reasonableness 25 133: e-mail proposed | rate of $300 | 50% review, as discussed 26 Rule 26(f) Joint per hour= | reduction in section II.3 of the Proposed Discovery | $210 Ruling and Order. 27 Plan... 28
1 Entry Billing Entry Rate and Fee Basis for Reduction Date Time Billed | Reduction | and/or Disallowance 2 and/or Disallowance 3! | g28/21 ‘| Erikka Rico v. 0.10 hours | $15, Reduction based A Trustee, Adv. #21- at attorney | representing a | upon reasonableness 133: Alliance Finance | rate of $300 | 50% review, as discussed 5 ... Subpoena per hour= | reduction in section II.3 of the 6 Returned... $30 Ruling and Order. 8/30/21 Erikka Rico v. 1.50 hours | $225, Reduction based 7 Trustee, Adv. #21- at attorney | representing a | upon reasonableness 8 133: Prepared for & | rate of $300 | 50% review, as discussed Attended Bk Court per hour= | reduction in section II.3 of the 9 Hearing — Rule 7016 | $450 Ruling and Order. Scheduling 10 Conference 1 9/7/21 Non-Disclosed Real | 3.00 hours | $450, Reduction based Property: Att’n to at attorney | representing a | upon reasonableness 12 “Motion for Approval | rate of $300 | 50% review, as discussed G3 of Sale...” (Doc. per hour= | reduction in section II.3 of the #92)... $900 Ruling and Order. 14 9/7/21 Non-Disclosed Real | 0.50 hours | $75, Reduction based Property: Rec’d & at attorney | representing a | upon reasonableness 15 Att’n to “Notice of rate of $300 | 50% review, as discussed 16 Expedited Hearing on | perhour= | reduction in section II.3 of the Motion for Approval | $150 Ruling and Order. 17 of Sale...” (Doc. 18 793 9/8/21 Non-Disclosed Real 1.50 hours | $225, Reduction based 19 Property: Begin at attorney | representing a | upon reasonableness Work on response to | rate of $300 | 50% review, as discussed 20 Motion to Sell per hour= | reduction in section II.3 of the 71 Prope $450 Ruling and Order. 9/8/21 Trustee v. Figure 1.50 hours | $450 Given that the action 22 Lending Matter: at attorney was barred by the 3 Limited Legal rate of $300 statute of limitations, Research Re: Post- per hour = work pertaining to 94 Petition Transfer; $450 this adversary Begin Work on proceeding was 25 Complaint unnecessary and 26 provided no benefit to the Estate. See 27 section II.4 of the 28 Ruling and Order.
1 Entry Billing Entry Rate and Fee Basis for Reduction Date Time Billed | Reduction | and/or Disallowance 2 and/or Disallowance 3 9/9/21 Trustee v. Figure 2.00 hours | $600 Given that the action A Lending, Adv. #21- | at attorney was barred by the 231 Matter: rate of $300 statute of limitations, 5 Numerous Revisions | per hour = work pertaining to 6 & Filed Pleading — $600 this adversary “Trustee’s Complaint proceeding was 7 to Set Aside and unnecessary and Preserve Post-Petition provided no benefit to 8 Transfer” the Estate. See 9 section II.4 of the Ruling and Order. 10 9/9/21 Trustee v. Figure 0.30 hours | $90 Given that the action Lending, Adv. #21- | at attorney was barred by the 231 Matter: Prepared | rate of $300 statute of limitations, 12 & Filed “Statement of | per hour = work pertaining to No Funds to Pay $90 this adversary 13 Filing Fees” proceeding was 14 unnecessary and provided no benefit to 15 the Estate. See 16 section II.4 of the Ruling and Order. 17 9/9/21 Trustee v. Figure 0.20 hours | $60 Given that the action Lending, Adv. #21- | at attorney was barred by the 18 231 Matter: Request | rate of $300 statute of limitations, 19 Issuance of per hour = work pertaining to Adversary Summons _ | $60 this adversary 20 proceeding was 1 unnecessary and provided no benefit to 22 the Estate. See section II.4 of the 23 Ruling and Order. 24 25 26 27 28
1 Entry Billing Entry Rate and Fee Basis for Reduction Date Time Billed | Reduction | and/or Disallowance 2 and/or Disallowance 3 9/9/21 Trustee v. Figure 0.30 hours | $37.50 Given that the action A Lending, Adv. #21- | at para- was barred by the 231 Matter: Served . . | professional statute of limitations, 5 . Summons & rate of $125 work pertaining to 6 Complaint on per hour = this adversary Defendant(s) $37.50 proceeding was 7 unnecessary and provided no benefit to 8 the Estate. See 9 section II.4 of the Ruling and Order. 10} 9/9/21 Non-Disclosed Real | 4.00 hours | $630 Reduction based 11 Property : Numerous at attorney upon reasonableness Drafts, Finalized & rate of $300 review, as discussed 12 Filed Pleading — per hour = in section II.3 of the “Trustee’s Response | $1,200 Ruling and Order. 13 and Objection to Given the lumping of 14 Motion for Approval attorney and of Sale” (Doc. #95) paraprofessional 15 tasks, which were all 16 billed at the attorney rate, an additional 17 reduction 1s warranted. 18! [9/9/21 | Non-Disclosed Real | 1.00hours | $180 Reduction based 19 Property: Prepared & | at attorney upon reasonableness Filed Pleading — rate of $300 review, as discussed 20 “Declaration and Ex- | per hour = in section II.3 of the 1 Parte Motion to $300 Ruling and Order. Accept Late Filed Given the lumping of 22 Response to Motion attorney and to Sell Real Estate” paraprofessional 23 (Doc. #96) tasks, which were all 24 billed at the attorney tate, an additional 25 reduction is 26 warranted. 27 28
1 Entry Billing Entry Rate and Fee Basis for Reduction Date Time Billed | Reduction | and/or Disallowance 2 and/or Disallowance 3 9/9/21 Non-Disclosed Real | 0.50 hours | $105 Reduction based A Property: Drafted & | at attorney upon reasonableness Lodged proposed trate of $300 review, as discussed 5 “Order Allowing per hour = in section II.3 of the 6 Trustee’s Late Filed | $150 Ruling and Order. Response to Sale Given the lumping of 7 Motion” (Doc. #97) attorney and paraprofessional 8 tasks, which were all 9 billed at the attorney rate, an additional 10 reduction 1s il warranted. 9/9/21 Trustee v. Figure 0.10 hours | $30 Given that the action 12 Lending, Adv. #21- | at attorney was barred by the 231 Matter: Rec’d & | rate of $300 statute of limitations, 13 Att’n to e-mail from | per hour = work pertaining to 14 Att’y Ellett $30 this adversary proceeding was 15 unnecessary and 16 provided no benefit to the Estate. See 17 section II.4 of the Ruling and Order. 18 9/9/21 Trustee v. Figure 0.30 hours | None Compensable 19 Lending, Adv. #21- | at attorney attorney work given 231 Matter: Limited | rate of $300 the totality of the 20 Research Re: Statute | per hour = circumstances. 1 of Limitations Issue _ | $90 9/9/21 Trustee v. Figure 0.40 hours | $120 Given that the action 22 Lending, Adv. #21- | at attorney was barred by the 231 Matter: Prepared | rate of $300 statute of limitations, 23 & Filed “Notice of per hour = work pertaining to 24 Dismissal” $120 this adversary proceeding was 25 unnecessary and provided no benefit to the Estate. See 27 section II.4 of the 38 Ruling and Order.
1 Entry Billing Entry Rate and Fee Basis for Reduction Date Time Billed | Reduction | and/or Disallowance 2 and/or Disallowance 3 9/13/21 Non-Disclosed Real | 0.50 hours $75, Reduction based A Property: Rec’d & atattorney | representing a | upon reasonableness Att’n to Pleading — tate of $300 | 50% review, as discussed 5 “Reply in Support of | perhour= __ | reduction in section II.3 of the 6 Motion for Approval | $150 Ruling and Order. of Sale of Home and 7 Payment of Closing Costs and Liens” 8 (Doc. #98) 9 9/14/21 Non-Disclosed Real | 2.00 hours | $300, Reduction based Property: Prepared atattorney | representing a | upon reasonableness 10 for & Handled rate of $300 | 50% review, as discussed Contested Bk Court | perhour= | reduction in section II.3 of the Hearing $600 Ruling and Order. 12 9/14/21 Erikka Rico v. 1.00 hours | $150, Reduction based G3 Trustee, Adv. #21- atattorney | representing a | upon reasonableness 133: Prepared for & | rate of $300 | 50% review, as discussed 14 Handled Contested per hour= | reduction in section II.3 of the Bk Court Hearing $300 Ruling and Order. 15 9/15/21 Non-Disclosed Real | 0.50 hours $75, Reduction based 16 Property: Rec’d & atattorney | representing a upon reasonableness Att’n to proposed rate of $300 | 50% review, as discussed 17 “Stipulated Order per hour= | reduction in section II.3 of the 18 Granting Motion for | $150 Ruling and Order. Approval of the Sale . 19 9/17/21 Non-Disclosed Real | 0.20 hours $30, Reduction based 20 Property: Rec’d & atattorney | representing a | upon reasonableness 71 Att’n to “Notice of tate of $300 | 50% review, as discussed Lodging Stipulated per hour= | reduction in section II.3 of the 22 Order” (Doc. #101 $60 Ruling and Order. 3 10/5/21 Non-Disclosed Real 1.00 hours $150, Reduction based Property: Prepared atattorney | representing a | upon reasonableness 94 for & Attend Bk rate of $300 | 50% review, as discussed Court Hearing— Sale | perhour= _ | reduction in section II.3 of the 25 Status $300 Ruling and Order. 26 27 28
1 Entry Billing Entry Rate and Fee Basis for Reduction Date Time Billed | Reduction | and/or Disallowance 2 and/or Disallowance 3 10/5/21 Erikka Rico v. 0.50 hours $75, Reduction based A Trustee, Adv. #21- atattorney | representing a | upon reasonableness 133: Prepared for & | rate of $300 | 50% review, as discussed 5 Attended Bk Court per hour= | reduction in section II.3 of the 6 Hearing $150 Ruling and Order. 10/25/21 | Non-Disclosed Real | 0.50 hours $75, Reduction based 7 Property: Rec’d & atattorney | representing a | upon reasonableness Att’n to “Report of rate of $300 | 50% review, as discussed 8 Sale...” (Doc. #105) | perhour= | reduction in section II.3 of the 9 $150 Ruling and Order. 10/25/21 | Non-Disclosed Real | 0.50 hours $75, Reduction based 10 Property: e-mails atattorney | representing a | upon reasonableness 1 to/from Att’y Ellett tate of $300 | 50% review, as discussed Re: Court Order per hour= | reduction in section II.3 of the 12 Distribution & $150 Ruling and Order. G3 Escrow Closing Statement 14 10/25/21 | Erikka Rico v. 0.30 hours $45, Reduction based Trustee, Adv. #21- atattorney | representing a | upon reasonableness 15 133: Rec’d & Att’n to | rate of $300 | 50% review, as discussed 16 “Report of Sale of per hour= | reduction in section II.3 of the Residential Real $90 Ruling and Order. 17 Property” (Doc. #29) 18 from Att’y Ellett 10/26/21 | Erikka Rico v. 2.50 hours | $400 Reduction based 19 Trustee, Adv. #21- at attorney upon reasonableness 133: Drafted & tate of $300 review, as discussed 20 Numerous Revisions, | per hour = in section II.3 of the 71 Finalized & Filed $750 Ruling and Order. Pleading — Given the lumping of 22 “Objection to Report attorney and 73 of Sale. . .” (Doc. paraprofessional #30)... tasks, which were all 24 billed at the attorney rate, an additional 25 reduction 1s 2% warranted. 27 28
1 Entry Billing Entry Rate and Fee Basis for Reduction Date Time Billed | Reduction | and/or Disallowance 2 and/or Disallowance 3 10/26/21 | Non-Disclosed Real | 1.50 hours | $250 Reduction based A Property: Drafted & | at attorney upon reasonableness Numerous Revisions, | rate of $300 review, as discussed 5 Finalized & Filed per hour = in section II.3 of the 6 Pleading — $450 Ruling and Order. “Objection to Report Given the lumping of 7 of Sale. . .” (Doc. attorney and #106) paraprofessional 8 tasks, which were all 9 billed at the attorney rate, an additional 10 reduction 1s il warranted. 10/26/21 | Erikka Rico v. 0.20 hours $12.50, Reduction based 12 Trustee, Adv. #21- at para- representing a | upon reasonableness 133: Served professional | 50% review, as discussed 13 Objection .. . rate of $125 | reduction in section II.3 of the 14 per hour = Ruling and Order. $25 15 10/26/21 | Non-Disclosed Real |0.20hours | $12.50, Reduction based 16 Property: Served at para- representing a upon reasonableness Objection . . . professional | 50% review, as discussed 17 rate of $125 | reduction in section II.3 of the per hour = Ruling and Order. 18 $25 19 10/26/21 | Erikka Rico v. 0.30 hours | $18.75, Reduction based Trustee, Adv. #21- at para- representing a | upon reasonableness 20 133: Prepared & professional | 50% review, as discussed 2] Filed “Affidavit of rate of $125 | reduction in section II.3 of the Service” (Doc. #31) | per hour = Ruling and Order. 22 $37.50 73 10/26/21 | Non-Disclosed Real | 0.30 hours | $18.75, Reduction based Property: Prepared & | at para- representing a | upon reasonableness 24 Filed “Affidavit of professional | 50% review, as discussed Service” (Doc. #107) | rate of $125 | reduction in section II.3 of the 25 per hour = Ruling and Order. 2% $37.50 27 28
1 Entry Billing Entry Rate and Fee Basis for Reduction Date Time Billed | Reduction | and/or Disallowance 2 and/or Disallowance 3 10/29/21 | Non-Disclosed Real | 0.30 hours | $45, Reduction based A Property: Rec’d & at attorney | representing a | upon reasonableness Att’n to rate of $300 | 50% review, as discussed 5 “Supplemental per hour= | reduction in section II.3 of the 6 Report of Sale...” $90 Ruling and Order. (Doc. #108) 7 10/29/21 | Erikka Rico v. 0.20 hours | $30, Reduction based Trustee, Adv. #21- at attorney | representing a | upon reasonableness 8 133: Rec’d & Att’n to | rate of $300 | 50% review, as discussed 9 “Supplemental perhour= | reduction in section II.3 of the Report of Sale...” $60 Ruling and Order. 10 Doc. #32 1 11/1/21 Erikka Rico v. 0.20 hours | $30, Reduction based Trustee, Adv. #21- at attorney | representing a | upon reasonableness 12 133: (Morning) rate of $300 | 50% review, as discussed G3 L.T.D.C. to Atty per hour= | reduction in section II.3 of the Allen $60 Ruling and Order. 14 11/1/21 Non-Disclosed Real 1.00 hours | $150, Reduction based Property: Prepared at attorney | representing a | upon reasonableness 15 for & Attend Bk rate of $300 | 50% review, as discussed 16 Court Hearing— Sale | perhour= __ | reduction in section II.3 of the Report Objection $300 Ruling and Order. 17 11/1/21 Erikka Rico v. 0.50 hours | $75, Reduction based 18 Trustee, Adv. #21- at attorney | representing a | upon reasonableness 133: Prepared for & | rate of $300 | 50% review, as discussed 19 Handled Bk Court per hour = reduction in section II.3 of the Hearing $150 Ruling and Order. 11/1/21 ‘| Erikka Rico v. 1.30hours | $195, Reduction based 71 Trustee, Adv. #21- at attorney | representing a | upon reasonableness 133: Drafted tate of $300 | 50% review, as discussed 22 proposed “Order per hour= | reduction in section II.3 of the 3 Overruling Trustee’s | $390 Ruling and Order. Objection to Report 94 of Sale and Trustee’s Objection to Sale” 25 per Judge’s 26 instructions . . . 27 28
1 Entry Billing Entry Rate and Fee Basis for Reduction Date Time Billed | Reduction | and/or Disallowance 2 and/or Disallowance 31 41/2/21 _ | Erikka Rico v. 0.20 hours | $30, Reduction based A Trustee, Adv. #21- at attorney | representing a | upon reasonableness 133: Rec’d & Att’n to | rate of $300 | 50% review, as discussed 5 emails .. . Re: per hour= | reduction in section II.3 of the 6 proposed Order $60 Ruling and Order. Overruling 7 Objections 11/3/21 Erikka Rico v. 0.50 hours | $110 Reduction based 8 Trustee, Adv. #21- at attorney upon reasonableness 9 133: Lodged rate of $300 review, as discussed proposed “Order per hour = in section II.3 of the 10 Overruling Trustee’s | $150 Ruling and Order. Objection . . .” (Doc. Given that the task #34) described is para- 12 professional in nature but was billed at the 13 attomey rate, an 14 additional reduction is warranted. 15} | 11/3/21 | Non-Disclosed Real | 0.50 hours | $100 Reduction based 16 Property: Drafted & | at attorney upon reasonableness Lodged proposed rate of $300 review, as discussed 17 “Order Overruling per hour = in section II.3 of the Trustee’s Objection. | $150 Ruling and Order. 18 ..” (Doc. #110) Given the lumping of 19 attorney and paraprofessional 20 tasks, which were all 1 billed at the attorney rate, an additional 22 reduction 1s warranted. 23) [11/15/21 _| Erikka Rico v. 0.50 hours | $75, Reduction based 24 Trustee, Adv. #21- at attorney | representing a | upon reasonableness 133: Prepared rate of $300 | 50% review, as discussed 25 proposed “Order per hour= | reduction in section II.3 of the Dismissing $150 Ruling and Order. Adversary Case” 27 28
1 Entry Billing Entry Rate and Fee Basis for Reduction Date Time Billed | Reduction | and/or Disallowance 2 and/or Disallowance 3 11/15/21 | Enkka Rico v. 0.30 hours $45, Reduction based A Trustee, Adv. #21- atattorney | representing a | upon reasonableness 133: e-mails...Re: | rate of $300 | 50% review, as discussed 5 Revised proposed per hour= | reduction in section II.3 of the 6 Order $90 Ruling and Order. 11/15/21 | Erikka Rico v. 0.30 hours | $60 Reduction based 7 Trustee, Adv. #21- at attorney upon reasonableness 133: Prepared & rate of $300 review, as discussed 8 Filed “Notice of per hour = in section II.3 of the 9 Lodging Order” $90 Ruling and Order. (Doc. #36) Given that the task 10 described is paraprofessional in nature but was billed 12 at the attorney rate, an additional 13 reduction is 14 warranted. 1/20/22 | Non-Disclosed Mesh | 1.00 hours | $150 Reduction based 15 Implant Class Action | at attorney upon a 16 Claim: Reviewed rate of $300 reasonableness Files; Limited Legal | per hour = analysis of the 17 Research Re: Non- $300 circumstances. Payment of 18 Settlement Recove 19 1/21/22 Trustee v. Nick H. 2.50 hours $750 Fees sought are Johnson, et al, Adv. at attorney unreasonable and/or 20 22-11 Matter: rate of $300 non-compensable as 2] Drafted, Numerous per hour = attorney’s fees Revisions & Filed $750 because this 22 “Complaint” (Doc. adversary proceeding #1) was unnecessary and 23 involved trustee 24 collection duties. See section II.5 of the 25 Ruling and Order. 26 27 28
1 Entry Billing Entry Rate and Fee Basis for Reduction Date Time Billed | Reduction | and/or Disallowance 2 and/or Disallowance 3 1/21/22 | Trustee v. Nick H. 0.10 hours | $30 Fees sought are 4 Johnson, et al, Adv. at attorney unreasonable and/or 22-11 Matter: trate of $300 non-compensable as 5 Request Issuance of | per hour = attorney’s fees 6 Summons $30 because this adversary proceeding 7 was unnecessary and involved trustee 8 collection duties. See 9 section II.5 of the Ruling and Order. 10 1/21/22 | Trustee v. Nick H. 0.20 hours | $60 Fees sought are Johnson, et al, Adv. at attorney unreasonable and/or 22-11 Matter: rate of $300 non-compensable as 12 Prepared & Filed per hour = attorney’s fees “Statement of No $60 because this 13 Funds to Pay Filing adversary proceeding 14 Fee” (Doc. #3) was unnecessary and involved trustee 15 collection duties. See 16 section II.5 of the Ruling and Order. 17 1/24/22 | Trustee v. Nick H. 0.50 hours | $62.50 Fees sought are Johnson, et al, Adv. at para- unreasonable and/or 18 22-11 Matter: Served | professional non-compensable as 19 ... Summons & rate of $125 attorney’s fees Complaint . . . per hour = because this 20 $62.50 adversary proceeding 1 was unnecessary and involved trustee 22 collection duties. See section II.5 of the 23 Ruling and Order. 24 25 26 27 28
1 Entry Billing Entry Rate and Fee Basis for Reduction Date Time Billed | Reduction | and/or Disallowance 2 and/or Disallowance 3 1/24/22 _| Trustee v. Nick H. 0.50 hours | $150 Fees sought are 4 Johnson, et al, Adv. at attorney unreasonable and/or 22-11 Matter: trate of $300 non-compensable as 5 Prepared & Filed per hour = attorney’s fees 6 “Affidavit of $150 because this Service” (Doc. #5) adversary proceeding 7 was unnecessary and involved trustee 8 collection duties. See 9 section II.5 of the Ruling and Order. 10 1/25/22 | Non-Disclosed Mesh | 0.20 hours | $60 Fees sought are non- Implant Class Action | at attorney compensable as Claim: Reviewed rate of $300 attorney’s fees 12 File; Ree’d & Att’n per hour = because these task(s) to email .. . with $60 involved standard 13 New Release Form. . trustee collection 14 . duties. See section II.5 of the Ruling and 15 Order. 16 1/25/22 | Non-Disclosed Mesh | 0.60 hours | $180 Fees sought are non- Implant Class Action | at attorney compensable as 17 Claim: Ltr . . . with rate of $300 attorney’s fees another original, per hour = because these task(s) 18 signed Release $180 involved standard 19 trustee collection duties. See section 20 II.5 of the Ruling and 1 Order. 1/26/22 | Non-Disclosed Mesh | 0.10 hours | $30 Fees sought are non- 22 Implant Class Action | at attorney compensable as Claim: Rec’d & Att’n | rate of $300 attorney’s fees 23 to e-mail... Re: per hour = because these task(s) 24 Payment of $30 involved standard Settlement trustee collection 25 duties. See section IL.5 of the Ruling and Order. 27 28
1 Entry Billing Entry Rate and Fee Basis for Reduction Date Time Billed | Reduction | and/or Disallowance 2 and/or Disallowance 3 1/28/22 | Trustee v. Nick H. 0.10 hours | $30 Fees sought are 4 Johnson, et al, Adv. at attorney unreasonable and/or 22-11 Matter: Rec’d | rate of $300 non-compensable as 5 & Att’n to e-mail... | per hour □ attorney’s fees 6 Re: Withdrawal of $30 because this Adversary Complaint adversary proceeding 7 & Release was unnecessary and involved trustee 8 collection duties. See 9 section II.5 of the Ruling and Order. 10 2/4/22 Non-Disclosed Mesh | 0.10 hours | $30 Fees sought are Implant Class Action | at attorney unreasonable and/or Claim: Rec’d & Att’n | rate of $300 non-compensable as 12 to e-mail... Re: per hour = attorney’s fees Settlement Payment | $30 because this 13 . adversary proceeding 14 was unnecessary and involved trustee 15 collection duties. See 16 section II.5 of the Ruling and Order. 17 2/14/22 | Trustee v. Nick H. 0.30 hours | $90 Fees sought are Johnson, et al, Adv. at attorney unreasonable and/or 18 22-11 Matter: Rec’d | rate of $300 non-compensable as 19 & Att’n to e-mail... | per hour = attorney’s fees Re: Demand for $90 because this 20 Dismissal of Case adversary proceeding 1 was unnecessary and involved trustee 22 collection duties. See section II.5 of the 23 Ruling and Order. 24 25 26 27 28
1 Entry Billing Entry Rate and Fee Basis for Reduction Date Time Billed | Reduction | and/or Disallowance 2 and/or Disallowance 3 2/17/22 | Trustee v. Nick H. 0.20 hours | $25 Fees sought are 4 Johnson, et al, Adv. at para- unreasonable and/or 22-11 Matter: professional non-compensable as 5 Reviewed U.S.P.S. rate of $125 attorney’s fees 6 Delivery per hour = because this Confirmation status | $25 adversary proceeding 7 was unnecessary and involved trustee 8 collection duties. See 9 section II.5 of the Ruling and Order. 10! | 2/17/22 ‘| Trustee v. Nick H. 0.30 hours | $37.50 Fees sought are Johnson, et al, Adv. at para- unreasonable and/or 22-11 Matter: professional non-compensable as 12 Prepared & Filed rate of $125 attorney’s fees “Supplemental per hour = because this 13 Affidavit of Service” | $37.50 adversary proceeding 14 (Doc. #6) was unnecessary and involved trustee 15 collection duties. See 16 section II.5 of the Ruling and Order. 17 2/22/22 | Trustee v. Nick H. 0.10 hours | $30 Fees sought are Johnson, et al, Adv. at attorney unreasonable and/or 18 22-11 Matter: Rec’d | rate of $300 non-compensable as 19 & Att’n to telephone | per hour = attorney’s fees message . . . Re: $30 because this 20 Demands Case be adversary proceeding 1 Dismissed was unnecessary and involved trustee 22 collection duties. See section II.5 of the 23 Ruling and Order. 24 25 26 27 28
1 Entry Billing Entry Rate and Fee Basis for Reduction Date Time Billed | Reduction | and/or Disallowance 2 and/or Disallowance 3 2/24/22 | Trustee v. Nick H. 0.30 hours | $90 Fees sought are 4 Johnson, et al, Adv. at attorney unreasonable and/or 22-11 Matter: Rec’d | rate of $300 non-compensable as 5 & Att’nto “Answer | per hour = attorney’s fees 6 to Complaint” $90 because this adversary proceeding 7 was unnecessary and involved trustee 8 collection duties. See 9 section II.5 of the Ruling and Order. | 2/25/22 ‘| Trustee v. Nick H. 0.70 hours | $210 Fees sought are Johnson, et al, Adv. at attorney unreasonable and/or 22-11 Matter: Rec’d | rate of $300 non-compensable as 12 & Att’n to “Notice of | per hour = attorney’s fees Scheduling $210 because this 13 Conference .. .” adversary proceeding 14 was unnecessary and involved trustee 15 collection duties. See 16 section II.5 of the Ruling and Order. 17 3/25/22 | Trustee v. Nick H. 0.50 hours | $150 Fees sought are Johnson, et al, Adv. at attorney unreasonable and/or 18 22-11 Matter: rate of $300 non-compensable as 19 Limited Legal per hour = attorney’s fees Research Re: Service | $150 because this 20 of Interrogatories . . . adversary proceeding 1 was unnecessary and involved trustee 22 collection duties. See section II.5 of the 23 Ruling and Order. 24 25 26 27 28
1 Entry Billing Entry Rate and Fee Basis for Reduction Date Time Billed | Reduction | and/or Disallowance 2 and/or Disallowance 3 3/25/22 | Trustee v. Nick H. 3.00 hours | $900 Fees sought are 4 Johnson, et al, Adv. at attorney unreasonable and/or 22-11 Matter: trate of $300 non-compensable as 5 Drafted, Numerous per hour = attorney’s fees 6 Revisions to $900 because this Discovery — adversary proceeding 7 “Tnterrogatories . . .” was unnecessary and involved trustee 8 collection duties. See 9 section II.5 of the Ruling and Order. 10! | 3/25/22 ‘| Trustee v. Nick H. 0.50 hours | $62.50 Fees sought are Johnson, et al, Adv. at para- unreasonable and/or 22-11 Matter: Served | professional non-compensable as 12 ...Interrogatories.. | rate of $125 attorney’s fees . per hour = because this 13 $62.50 adversary proceeding 14 was unnecessary and involved trustee 15 collection duties. See 16 section II.5 of the Ruling and Order. 17 3/25/22 | Trustee v. Nick H. 0.50 hours | $62.50 Fees sought are Johnson, et al, Adv. at para- unreasonable and/or 18 22-11 Matter: professional non-compensable as 19 Prepared & Filed rate of $125 attorney’s fees “Notice of Service” | per hour = because this 20 (Doc. #10) $62.50 adversary proceeding 1 was unnecessary and involved trustee 22 collection duties. See section II.5 of the 23 Ruling and Order. 24 25 26 27 28
1 Entry Billing Entry Rate and Fee Basis for Reduction Date Time Billed | Reduction | and/or Disallowance 2 and/or Disallowance 3 3/28/22 | Trustee v. Nick H. 0.30 hours | $90 Fees sought are 4 Johnson, et al, Adv. at attorney unreasonable and/or 22-11 Matter:...e- | rate of $300 non-compensable as 5 mails... per hour = attorney’s fees 6 $90 because this adversary proceeding 7 was unnecessary and involved trustee 8 collection duties. See 9 section II.5 of the Ruling and Order. 10! | 3/28/22 ‘| Trustee v. Nick H. 0.50 hours | $150 Fees sought are Johnson, et al, Adv. at attorney unreasonable and/or 22-11 Matter: rate of $300 non-compensable as 12 Prepared for per hour = attorney’s fees Telephone $150 because this 13 Conference . . . adversary proceeding 14 was unnecessary and involved trustee 15 collection duties. See 16 section II.5 of the Ruling and Order. 17 3/28/22 | Trustee v. Nick H. 0.50 hours | $150 Fees sought are Johnson, et al, Adv. at attorney unreasonable and/or 18 22-11 Matter: rate of $300 non-compensable as 19 Telephone per hour = attorney’s fees Conference . . . $150 because this 20 adversary proceeding 1 was unnecessary and involved trustee 22 collection duties. See section II.5 of the 23 Ruling and Order. 24 25 26 27 28
1 Entry Billing Entry Rate and Fee Basis for Reduction Date Time Billed | Reduction | and/or Disallowance 2 and/or Disallowance 3 3/28/22 | Trustee v. Nick H. 0.30 hours | $90 Fees sought are 4 Johnson, et al, Adv. at attorney unreasonable and/or 22-11 Matter: Rec’d | rate of $300 non-compensable as 5 & Att’n to email per hour = attorney’s fees 6 Complaint from Att’y | $90 because this Watson adversary proceeding 7 was unnecessary and involved trustee 8 collection duties. See 9 section II.5 of the Ruling and Order. 10! | 3/29/22 ‘| Trustee v. Nick H. 0.60 hours | $180 Fees sought are Johnson, et al, Adv. at attorney unreasonable and/or 22-11 Matter: Legal | rate of $300 non-compensable as 12 Research Re: Pro Hac | per hour = attorney’s fees Vice Rules... $180 because this 13 . adversary proceeding 14 was unnecessary and involved trustee 15 collection duties. See 16 section II.5 of the Ruling and Order. 17 3/30/22 | Trustee v. Nick H. 0.30 hours | $90 Fees sought are Johnson, et al, Adv. at attorney unreasonable and/or 18 22-11 Matter: e-mail . | rate of $300 non-compensable as 19 .. Re: Proposed per hour = attorney’s fees Discovery Plan. . . $90 because this 20 adversary proceeding 1 was unnecessary and involved trustee 22 collection duties. See section II.5 of the 23 Ruling and Order. 24 25 26 27 28
1 Entry Billing Entry Rate and Fee Basis for Reduction Date Time Billed | Reduction | and/or Disallowance 2 and/or Disallowance 3 3/30/22 | Trustee v. Nick H. 1.00 hours | $300 Fees sought are 4 Johnson, et al, Adv. at attorney unreasonable and/or 22-11 Matter: More | rate of $300 non-compensable as 5 Legal Research Re: per hour = attorney’s fees 6 Local Rules, $300 because this Discovery Issues adversary proceeding 7 was unnecessary and involved trustee 8 collection duties. See 9 section II.5 of the Ruling and Order. 10! | 3/30/22 ‘| Trustee v. Nick H. 0.80 hours | $240 Fees sought are Johnson, et al, Adv. at attorney unreasonable and/or 22-11 Matter: Several | rate of $300 non-compensable as 12 e-mails ...Re: 3/31 | per hour = attorney’s fees Conference Call $240 because this 13 . adversary proceeding 14 was unnecessary and involved trustee 15 collection duties. See 16 section II.5 of the Ruling and Order. 17 3/31/22 | Trustee v. Nick H. 0.50 hours | $150 Fees sought are Johnson, et al, Adv. at attorney unreasonable and/or 18 22-11 Matter: rate of $300 non-compensable as 19 Conference Call... | per hour = attorney’s fees $150 because this 20 adversary proceeding 1 was unnecessary and involved trustee 22 collection duties. See section II.5 of the 23 Ruling and Order. 24 25 26 27 28
1 Entry Billing Entry Rate and Fee Basis for Reduction Date Time Billed | Reduction | and/or Disallowance 2 and/or Disallowance 3 3/31/22 | Trustee v. Nick H. 0.50 hours | $150 Fees sought are 4 Johnson, et al, Adv. at attorney unreasonable and/or 22-11 Matter: Legal | rate of $300 non-compensable as 5 Research Re: per hour = attorney’s fees 6 Constitutional $150 because this Mootness .. . adversary proceeding 7 was unnecessary and involved trustee 8 collection duties. See 9 section II.5 of the Ruling and Order. 10 4/1/22 Trustee v. Nick H. 0.10 hours | $30 Fees sought are Johnson, et al, Adv. at attorney unreasonable and/or 22-11 Matter: Rec’d | rate of $300 non-compensable as 12 & Att’n to e-mail... | per hour = attorney’s fees Re: Settlement $30 because this 13 Proposal adversary proceeding 14 was unnecessary and involved trustee 15 collection duties. See 16 section II.5 of the Ruling and Order. 17 4/4/22 Trustee v. Nick H. 0.20 hours | $60 Fees sought are Johnson, et al, Adv. at attorney unreasonable and/or 18 22-11 Matter: Ltr... | rate of $300 non-compensable as 19 Re: Settlement per hour = attorney’s fees Proposal $60 because this 20 adversary proceeding 1 was unnecessary and involved trustee 22 collection duties. See section II.5 of the 23 Ruling and Order. 24 25 26 27 28
1 Entry Billing Entry Rate and Fee Basis for Reduction Date Time Billed | Reduction | and/or Disallowance 2 and/or Disallowance 3 4/8/22 Trustee v. Nick H. 0.60 hours | $180 Fees sought are 4 Johnson, et al, Adv. at attorney unreasonable and/or 22-11 Matter: trate of $300 non-compensable as 5 Reviewed File; Ltr to | per hour = attorney’s fees 6 Att?y Watson with $180 because this requested documents adversary proceeding 7 was unnecessary and involved trustee 8 collection duties. See 9 section II.5 of the Ruling and Order. 10! | 4/11/22 ‘| Trustee v. Nick H. 1.00 hours | $300 Fees sought are Johnson, et al, Adv. at attorney unreasonable and/or 22-11 Matter: rate of $300 non-compensable as 12 Worked on & Drafted | per hour = attorney’s fees proposed “Discovery | $300 because this 13 Plan” adversary proceeding 14 was unnecessary and involved trustee 15 collection duties. See 16 section II.5 of the Ruling and Order. 17 4/11/22 | Trustee v. Nick H. 0.50 hours | $150 Fees sought are Johnson, et al, Adv. at attorney unreasonable and/or 18 22-11 Matter: e- rate of $300 non-compensable as 19 mailed proposed per hour = attorney’s fees “Discovery Plan”... | $150 because this 20 adversary proceeding 1 was unnecessary and involved trustee 22 collection duties. See section II.5 of the 23 Ruling and Order. 24 25 26 27 28
1 Entry Billing Entry Rate and Fee Basis for Reduction Date Time Billed | Reduction | and/or Disallowance 2 and/or Disallowance 3 4/12/22 | Trustee v. Nick H. 0.60 hours | $75 Fees sought are 4 Johnson, et al, Adv. at para- unreasonable and/or 22-11 Matter: Filed & | professional non-compensable as 5 Served... rate of $125 attorney’s fees 6 “Discovery Plan” per hour = because this (Doc. #11) $75 adversary proceeding 7 was unnecessary and involved trustee 8 collection duties. See 9 section II.5 of the Ruling and Order. 10! | 4/12/22 ‘| Trustee v. Nick H. 0.50 hours | $150 Fees sought are Johnson, et al, Adv. at attorney unreasonable and/or 22-11 Matter: Rec’d | rate of $300 non-compensable as 12 & Att’n to ltr from per hour = attorney’s fees Mr. Watson Re: More | $150 because this 13 Requested adversary proceeding 14 Information was unnecessary and involved trustee 15 collection duties. See 16 section II.5 of the Ruling and Order. 17 4/13/22 | Trustee v. Nick H. 1.50 hours | $450 Fees sought are Johnson, et al, Adv. at attorney unreasonable and/or 18 22-11 Matter: rate of $300 non-compensable as 19 Prepared for & per hour = attorney’s fees Handled Contested $450 because this 20 Bk Ct Hearing adversary proceeding 1 was unnecessary and involved trustee 22 collection duties. See section II.5 of the 23 Ruling and Order. 24 25 26 27 28
1 Entry Billing Entry Rate and Fee Basis for Reduction Date Time Billed | Reduction | and/or Disallowance 2 and/or Disallowance 3 4/14/22 | Trustee v. Nick H. 0.20 hours | $60 Fees sought are 4 Johnson, et al, Adv. at attorney unreasonable and/or 22-11 Matter: Ltrto | rate of $300 non-compensable as 5 Att’y Watson with per hour = attorney’s fees 6 more requested $60 because this information adversary proceeding 7 was unnecessary and involved trustee 8 collection duties. See 9 section II.5 of the Ruling and Order. 10} | 4/27/22 | Case Administration: | 0.20 hours | $25 This is an Prepared & Filed... | at para- administrative matter “Trustee’s professional that falls within the 12 Application to Limit | rate of $125 purview of a Chapter Future Notices...” | per hour = 7 trustee’s duties. See 13 (Doc. #49) $25 section II.6 of the 14 Ruling and Order. 4/27/22 | Case Administration: | 0.30 hours | $37.50 This is an 15 Drafted, Revised, & | at para- administrative matter 16 Lodged proposed professional that falls within the “Order Limiting rate of $125 purview of a Chapter 17 Future Notices...” | per hour = 7 trustee’s duties. See (Doc. #50) $37.50 section II.6 of the 18 Ruling and Order. 19 5/20/22- | Drafted & Revised 5.00 hours | $750 Reduction based 5/26/22 | detailed time entries | at attorney upon Court’s 20 now required by rate of $300 independent review 2] US.T. per hour = of time billed and $1,500 inaccurate final 22 calculations. See section II.7 of the 23 Ruling and Order. 24 2/27/23 Drafted, Revised & 0.50 hours | $30 Lumped attorney and Filed “First Amended | at attorney paraprofessional tasks 25 Application for rate of $300 all billed at attorney 2% Allowance of per hour = tate. See section II.7 Administrative $150 of the Ruling and 27 Expenses — Order. Attorney’s Fees and 28 Costs”...
1 Entry Billing Entry Rate and Fee Basis for Reduction Date Time Billed | Reduction | and/or Disallowance 2 and/or 3 Disallowance 2/27/23 | Prepared & Filed 0.30 hours | $30 Lumped attorney and A Required “Rule 2016 | at attorney paraprofessional tasks Declaration” . . . trate of $300 all billed at attorney 5 per hour = tate. See section II.7 6 $90 of the Ruling and Order. 7 2/27/23 | Prepared proposed 0.40 hours | None N/A 8 “Order Allowing & at attorney Authorizing Payment | rate of $300 9 of Attorney’s Fees” | per hour = $120 10 Total Fees | Total il Billed’’: Reductions / $43,807.50 | Disallowed 12 Fees: 3 $26,498.75 14 15 16 17 18 19 20 21 22 23 24 25 26 oOo 17 Although Mr. Smith indicates in his Amended Application that his billing statements reflect 160.9 27 hours of work and total fees of $46,985, these numbers are not consistent with the itemized time entrie submitted by Mr. Smith. (See Ex. A at 6-23). The billing entries attached to the Amended Applicatio: 28 itemize 142.90 hours billed at Mr. Smith’s attorney rate of $300 per hour and 7.5 hours billed at Mi Smuth’s paraprofessional rate of $125, for a total of $43,807.50.
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MARIA T. RICO, Counsel Stack Legal Research, https://law.counselstack.com/opinion/maria-t-rico-arb-2024.