Free Motion for Attorney Fees - District Court of Colorado - Colorado

Case 1:01-cv-00568-LTB-PAC

Document 420-3

Filed 03/17/2006

Page 1 of 6

Case 1:01-cv-00568-LTB-PAC

Document 420-3

Filed 03/17/2006

Page 2 of 6

Description of Categories and Fee Allocation
Percentage Percentage PBNS' of Fees of Fees Level 3's Recoverable Recoverable Recoverable Recoverable Fees by PBNS by Level 3 Fees

Category

Detailed Category Description

Fees in Category

Category 1. Fees related to PBNS and Level 3 defense to Capital's claims

This category includes fees for all work done for PBNS and Level 3 to defend against Capital's claims. This category is 100% recoverable by Level 3 pursuant to the indemnification clause of the PBNS-Cross Country $ Contract. No fee entries are assigned to this category after August of 2003, when summary judgment was granted in PBNS' and Level 3's favor on Capital's claims against PBNS and Level 3. Although claims were asserted by Cross Country against PBNS, PBTI, Level 3, KNS and KCC, PBNS was clearly the primary defendant to the claims asserted by Cross Country. If fees were incurred on behalf of PBNS and another defedant represented by Grimshaw & Harring and said fees would have been incurred by PBNS regardless of the presence of the other defendants in the litigation, the $ fees were placed in this category. For example, fees related to defending Cross Country's claim for rights in stolen property are in this category, even though this claim was also asserted against KNS, KCC and Level 3, because these fees would have been incurred by PBNS regardless of their assertion against the other defendants. This category is 100% recoverable by PBNS. These fees are related solely to the defense of Level 3 against the claims of Cross Country. This category of fees $ is not recoverable.

78,345.50

0.0% $

-

100.0% $ 78,345.50

Category 2. Fees related to PBNS defense to Cross Country claims

351,830.37

100.0% $ 351,830.37

0.0%

$

-

Category 3. Fees related to Level 3 defense to Cross Country claims

11,593.00

0.0% $

-

0.0%

$

-

Affidavit Exhibit A Description of Categories and Fee Allocation Summary Page 1 of 5

Case 1:01-cv-00568-LTB-PAC

Document 420-3

Filed 03/17/2006

Page 3 of 6

Category

Detailed Category Description

Fees in Category

Percentage Percentage PBNS' of Fees of Fees Level 3's Recoverable Recoverable Recoverable Recoverable Fees by PBNS by Level 3 Fees

Category 4. Fees related 1/2 to PBNS and Level 3 defense to Capital claims, 1/2 to PBNS defense to CCLS claims

These fees are related 1/2 to PBNS' and Level 3's defense to Capital's claims and 1/2 to PBNS' defense to Cross Country's claims. These fees are 50% recoverable by PBNS and 50% recoverable by Level 3. No fee entries are $ assigned to this category after August of 2003, when summary judgment was granted in PBNS' and Level 3's favor on Capital's claims against PBNS and Level 3.

43,302.50

50.0% $

21,651.25

50.0% $ 21,651.25

Category 5. Fees related 1/2 to PBNS These fees are related 1/2 to PBNS' defense to Cross defense to CCLS Country's claims and 1/2 to Level 3's defense to Cross claims, 1/2 to Level 3 Country's claims. These fees are 50% recoverable by PBNS. defense to CCLS claims Category 6. 1/3 Capital defense, 1/3 PBNS defense to CCLS claims, 1/3 Level 3 defense to CCLS claims Category 7. Unrecoverable or unallocable fees

$

31,071.50

50.0% $

15,535.75

0.0%

$

-

These fees are related 1/3 to PBNS' and Level 3's defense to Capital's claims, 1/3 to PBNS' defense to Cross Country's claims and 1/3 to Level 3's defense to Cross Country's claims. These fees are 1/3 recoverable by Level $ 3 and 1/3 recoverable by PBNS. No fee entries are assigned to this category after August of 2003, when summary judgment was granted in PBNS' and Level 3's favor on Capital's claims against PBNS and Level 3. These fees are unrecoverable. $

30,017.50

33.3% $

9,995.83

33.3% $

9,995.83

155,730.50

0.0% $

-

0.0%

$

-

Category 8. Fees These fees are related only to the defense of KNS or KCC $ related only to Kiewit or to KNS or KCC's claims against Cross Country or the owners of Cross Country. These fees are not recoverable. entities

28,165.50

0.0% $

-

0.0%

$

-

Affidavit Exhibit A Description of Categories and Fee Allocation Summary Page 2 of 5

Case 1:01-cv-00568-LTB-PAC

Document 420-3

Filed 03/17/2006

Page 4 of 6

Category

Detailed Category Description

Fees in Category

Percentage Percentage PBNS' of Fees of Fees Level 3's Recoverable Recoverable Recoverable Recoverable Fees by PBNS by Level 3 Fees

Category 9. Fees related to trial prep, trial, and order

These fees are related to trial preparations and trial. These fees are not allocable to any particular defendant or to any particular claim. We have determined that 95% of this category was attributable to the defense of PBNS against Cross Country's claims, 1% was related to PBNS' $ lone claim against Cross Country, 2% was related to Cross Country's claims against KNS and KCC and 1% was related to the indemnification claim. Therefore, these fees are 95% recoverable by PBNS (defense to Cross Country claims) and 1% recoverable by Level 3 (indemnification).

206,192.50

95.0% $ 195,882.88

1.0% $

2,061.93

These fees are related to Cross Country's claims against PBNS, PBTI, KNS, KCC and Level 3. They can not be Category 10. Fees attributed to any one party or claim, but we have related to CCLS determined that they do not deal with any claims made $ claims against PBNS, against Cross Country by PBNS, KNS, or Level 3 and do PBTI, KNS, KCC and not deal with Capital's claims. Because the main focus of the litigation was Cross Country's claims against PBNS, we Level 3 have determined these fees to be 75% recoverable by PBNS. Category 11. Fees related to Capital claims, to CCLS claims against PBNS, PBTI, KNS, KCC and Level 3 and claims back against CCLS and principals These fees are related to all of the claims pending between approximately October 25, 2002 and August 5, 2003, including claims asserted by PBNS, KNS and Level 3 against Cross Country and all of Capital's claims. These fees cannot be allocated to any particular party or claim. $ Because the main focus of the litigation was Cross Country's claims against PBNS, we have determined these fees to be 60% recoverable by PBNS, 5% recoverable by Level 3 and 35% unrecoverable.

29,925.50

75.0% $

22,444.13

0.0%

$

-

58,836.50

60.0% $

35,301.90

5.0% $

2,941.83

Affidavit Exhibit A Description of Categories and Fee Allocation Summary Page 3 of 5

Case 1:01-cv-00568-LTB-PAC

Document 420-3

Filed 03/17/2006

Page 5 of 6

Category

Detailed Category Description

Fees in Category

Percentage Percentage PBNS' of Fees of Fees Level 3's Recoverable Recoverable Recoverable Recoverable Fees by PBNS by Level 3 Fees

These fees are related to all of the claims pending between approximately August 5, 2003 and April 21, 2005. Category 12. Fees (Capital's claims were dismissed on August 5, 2003 and all related to CCLS but one of the claims against Cross Country and its claims against PBNS, principals were dismissed on April 21, 2005.) These fees $ PBTI, KNS, KCC and cannot be allocated to any particular party or claim. Level 3 and claims Because the main focus of the litigation was Cross back against CCLS Country's claims against PBNS, we have determined these and principals fees to be 50% recoverable by PBNS and 50% unrecoverable. These fees are related solely to defending PBTI. These fees are not recoverable. These fees are related to PBNS' defense against Cross Category 14. 1/2 PBNS Country's claims and to PBTI's defense against Cross defense to CCLS and Country's claims. Because the vast majority of this work 1/2 PBTI defense to was for PBNS, we have determined that these fees are CCLS 80% recoverable by PBNS. Category 15. 1/2 These fees are attributable 1/2 to PBNS' defense to Cross attributable to PBNS Country's claims and 1/2 to nonrecoverable work. These defense of Cross fees are 50% recoverable by PBNS. Country claims Category 16. 1/2 These fees are attributable 1/2 to PBNS' and Level 3's attributable to PBNS defense to Cross Country's claims and 1/2 to and Level 3 defense to nonrecoverable work. These fees are 25% recoverable by Capital claims PBNS. Category 13. PBTI Only

183,177.04

50.0% $

91,588.52

0.0%

$

-

$

2,905.00

0.0% $

-

0.0%

$

-

$

17,425.00

80.0% $

13,940.00

0.0%

$

-

$

1,752.50

50.0% $

876.25

0.0% $

-

$

1,210.00

25.0% $

302.50

0.0% $

-

Affidavit Exhibit A Description of Categories and Fee Allocation Summary Page 4 of 5

Case 1:01-cv-00568-LTB-PAC

Document 420-3

Filed 03/17/2006

Page 6 of 6

Category

Detailed Category Description

Fees in Category

Percentage Percentage PBNS' of Fees of Fees Level 3's Recoverable Recoverable Recoverable Recoverable Fees by PBNS by Level 3 Fees

The fees were incurred in performing the fee allocation. These fees are recoverable 13% by Level 3 and 87% by Category 17. Fees for PBNS. These recoverable percentages are in the same determining ratio as PBNS' and Level 3's recoverable fees (13% of recoverable fees recoverable fees are attributable to Level 3 and 87% of recoverable fees are attributable to PBNS). These fees are related to work after the November 2005 trial. The majority of this post trial work was related to the constructive trust issue (i.e., KNS). However, some work Category 18. Post-trial was also related to what issues remained for PBNS and Level 3 in a second trial. It was determined that fees. approximately 2/3 of these fees were for KNS and it was determined that 1/3 of these fees were for and are recovereable by PBNS. Totals

$

19,704.50

87% $

17,142.92

13.0% $

2,561.59

$

-

$ 16,197.50 $ 1,267,382.41

33.3% $ 5,393.77 $ 781,886.05

0.0% $ 117,557.91

Affidavit Exhibit A Description of Categories and Fee Allocation Summary Page 5 of 5