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

Case 1:01-cv-00413-JLK-BNB

Document 308-2

Filed 02/12/2008

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 01-cv-00413-JLK-BNB M.D. MARK, INC., Plaintiff, v. KERR-McGEE CORPORATION and ORYX ENERGY COMPANY, Defendants. ______________________________________________________________________________ AFFIDAVIT FOR ATTORNEYS' FEES ______________________________________________________________________________ STATE OF COLORADO CITY AND COUNTY OF DENVER ) ) ss. )

Pursuant to the Judgment entered on September 28, 2007, in favor of the Plaintiff, I, Harlan P. Pelz, a shareholder with the law firm of Pelz, Bonifazi & Inderwish, P.C., being duly sworn, state under oath as follows: 1. I am an attorney at the law firm of Pelz, Bonifazi & Inderwish, P.C., attorneys retained to represent the Plaintiff, M.D. Mark, Inc., in this action. I am competent to testify and have personal knowledge of the matters contained herein. 2. I am duly licensed to practice law in the State of Colorado and have been licensed since October 2, 1973. John Inderwish was first licensed to practice law in Colorado in 1980. He is also licensed in Nebraska and Ohio. Daniele Bonifazi was first licensed to practice law in Colorado in 1999. John Inderwish, Daniele Bonifazi and I performed legal services to represent the interests of our client in the above captioned action. 3. The client was charged for all reasonable and necessary work relating to the above captioned action. The client was billed in 1/10 of an hour increments. The work performed by myself and others working at my direction was reasonable and necessary. There was no "mark up" on the billing for fees charged.

Case 1:01-cv-00413-JLK-BNB

Document 308-2

Filed 02/12/2008

Page 2 of 3

4. Attached hereto as Exhibit A are the January 22, 2001 through September 28, 2007 redacted billing entries from my firm to M.D. Mark, Inc. for fees incurred in the representation of the Plaintiff regarding the above-captioned matter between the dates of January 22, 2001 through September 28, 2007. The billing entries have been redacted to preserve attorney-client communications and work product. 5. Time spent on the matter included case investigation, discovery, trial preparation, attendance at hearings, substantive and procedural document management, legal writing, communication with clients and other counsel, legal research, and drafting of motions and responses to numerous motions filed by the Defendants. 6. Our regular practice involves complex civil litigation and for this service my rate is $250.00 hour to $300.00 per hour. M.D. Mark, Inc. was originally charged $225.00 per hour for my services and my hourly rate on this matter increased to $250.00 per hour in 2006. The firm's partners, Dan Bonifazi and John Inderwish's rates are $175.00 per hour and $225.00 per hour respectively. Law clerk rates are $75.00 per hour. Paralegal rates are $65.00 per hour and legal assistant rates are $50.00 per hour. I am familiar with standards of practice and the reasonable value for services rendered when representing clients in complex civil litigation. These rates are low but reasonable for the level of experience of the attorneys, law clerks, paralegals and legal assistants in the Denver metropolitan area. 7. The fees in the amount of $811,758.30 charged to Plaintiff were calculated by multiplying the hourly rate of the attorney, law clerk, paralegal or legal assistant by the number of hours spent on this matter. 8. In addition to attorney fees, M.D. Mark, Inc. is entitled to interest on payments made by it toward attorney fees from the date paid at eight percent interest compounded annually. Attorney fees were paid as set forth in Exhibit B. Interest on payments made by M.D. Mark, Inc. compounded annually through September 28, 2007 totals$171,130.43. 9. The above times are reasonable and necessary and in accordance with Rule 1.5 of the Colorado Rules of Professional Conduct in Terms, Rates, Charges and Hours Expended.

s/ Harlan P. Pelz Harlan P. Pelz Subscribed and sworn to before me this 12th day of February, 2008 by Harlan P. Pelz. WITNESS MY HAND AND SEAL. s/ Diane S. Paraons Notary Public My Commission Expires: 01/23/11 2

Case 1:01-cv-00413-JLK-BNB

Document 308-2

Filed 02/12/2008

Page 3 of 3

CERTIFICATE OF SERVICE I hereby certify that on the 12th day of February 2008, a true and correct copy of the foregoing AFFIDAVIT FOR ATTORNEYS' FEES was electronically filed, addressed as follows: M. Antonio Gallegos, Esq. Scott S. Barker, Esq. Gregory E. Goldberg, Esq. HOLLAND & HART, LLP 555 Seventeenth Street, Suite 3200 Post Office Box 8749 Denver, CO 80201-8749 Marie R. Yeates, Esq. Vinson & Elkins L.L.P. 1001 Fannin Street, Suite 2300 Houston, Texas 77002-6760

s/ Diane S. Parsons Diane S. Parsons

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