Free Answer to Petition to Enforce IRS Summons - District Court of California - California

Case 3:08-cv-00919-IEG

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January 9, 2008 RICHARD AND KAREN P. HARP 2122 SUBIDA TERRACE RANCHO LA COSTA, CA 92009 HARP-01 NAME OF CASE MATTER: TRUSTS

STATEMENT OF PROFESSIONAL SERVICES RENDERED THROUGH NOVEMBER 30, 2007

DATE 11/26/02

ATTY ACO

SERVICES RENDERED CONFERENCE WITH OFFICE DIRECTOR. REVIEW OF CLIENT CORRESPONDENCE. REVIEW OF CLIENT'S ESTATE PLAN FILE TO OBTAIN LETTER OF DIRECTION. DRAFT LETTER TO CLIENT TO ENCLOSE REQUESTED LETTER OF DIRECTION. TELEPHONE CALL FROM CLIENT IN RECEIPT OF CORRESPONDENCE FROM OUR OFFICE REGARDING ESTABLISHMENT OF IRREVOCABLE TRUST. NO CHARGE. RECEIPT OF CORRESPONDENCE FROM CLIENT REGARDING HEALTH CARE DURABLE POWER OF ATTORNEY FOR KAREN; RESEARCH ESTATE PLANNING FILE; TELEPHONE CLIENT TO INFORM HER OF INDIVIDUALS NAMED AS HEALTH CARE AGENTS. MEETING WITH RICHARD HARP, KAREN HARP, SUSAN HARP AND INTERNAL ACCOUNTANT TO REVIEW CLIENT'S INDIVIDUAL INCOME TAX SITUATION GIVEN PENDING SURGIFILE, INC. CORPORATE STOCK VALUE INCREASES; REVIEW LEGAL, TAX AND ESTATE PLANNING ISSUES; REVIEW AND DISCUSS POTENTIAL ESTABLISHMENT OF DYNASTY TRUST AND VARIOUS ESTATE PLANNING RAMIFICATIONS FLOWING FROM SAME; REVIEW ESTATE PLANNING TAX ISSUES AND ESTATE PLANNING TRANSFERS; REVIEW VARIOUS TECHNIQUES AND QUESTIONS POSED BY CLIENT. PREPARE CORRESPONDENCE TO CLIENT TO REVIEW AND DISCUSS ESTATE PLANNING STRATEGIES TO INCLUDE USE OF DYNASTY TRUST; REVIEW GIFTING ISSUES AND POTENTIAL ESTATE AND GIFT TAX TRANSFER ISSUES; REVIEW DYNASTY TRUST PLANNING STRATEGIES AND PREPARE MEMORANDUM FOR ENCLOSURE FOR CLIENT TO REVIEW ON POTENTIAL UTILIZATION OF DYNASTY TRUST STRATEGIES.

HOURS

AMOUNT

0.3

75.00

04/09/03

CRW

0.25

0.00

11/25/03

CRW

0.25

25.00

05/03/04

SAW

1.25

375.00

05/07/04

SAW

0.75

225.00

Case 3:08-cv-00919-IEG

Document 5-5

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Page

2

January 9, 2008 RICHARD AND KAREN P. HARP HARP-01

NAME OF CASE MATTER:

TRUSTS

DATE 04/01/05

ATTY LJD

SERVICES RENDERED CALCULATIONS AND PROJECTIONS OF ESTATE AND GIFT TAX ASSOCIATED WITH HARP FAMILY DYNASTY TRUST AND ESTATE STRATEGY. DRAFTING, DEVELOPMENT CLIENTS' ESTATE, GIFT PROTECTION STRATEGIES SURGIFILE AND DYNASTY AND PLANNING FOR AND ASSET ASSOCIATED WITH TRUST.

HOURS

AMOUNT

3.3

825.00

SAW

2.7

945.00

04/02/05

SAW

CONTINUED FORMULATION AND DRAFTING OF ROUGH DRAFT OF DYNASTY TRUST. DEVELOP PLANNING DIAGRAMS AND SCHEMATICS FOR VARIOUS COMPONENTS OF ESTATE, TRUST AND FAMILY LIMITED PARTNERSHIP STRATEGIES. DRAFTING AND PLANNING FOR FAMILY LIMITED PARTNERSHIP PORTION OF ESTATE PLAN AND UTILIZATION WITH CLIENTS' DYNASTY TRUST STRATEGY. INITIATE DRAFTING OF NEW FAMILY LIMITED PARTNERSHIP. DRAFT CLIENTS' LIMITED PARTNERSHIP PROVISIONS TO ALLOW DYNASTY TRUST TO HOLD LP SHARES. ANALYSIS OF PROVISIONS FOR LIMITED PARTNERSHIP AND GIFT AND ESTATE TAX PLANNING FOR SAME. ATTEMPTED TELEPHONE CONFERENCE TO CLIENT TO REQUEST NAME OF FAMILY LIMITED PARTNERSHIP; LEFT MESSAGE. REVIEW DOCUMENTS SENT BY CLIENT RELATED TO DEFECTIVE GRANTOR TRUST/DYNASTY TRANSACTION, INCLUDING: VARIOUS FINANCIAL STATEMENTS FOR SURGIFILE (APPEARS CURRENT BALANCE SHEET NOT PROVIDED), APPRAISAL OF SCANGAS BICOASTAL DEVELOPMENT LLC, SCANGAS ANNUITY TRUST. EXECUTIVE SUMMARY FROM BOVE & LANGA , ASSIGNMENT OF MEMBERSHIP INTERESTS, CODICILS. ALSO STILL NEED BYLAWS. CONTACT POTENTIAL DELAWARE TRUSTEES - U.S. TRUST AND MERRILL LYNCH. SENT EMAIL TO

1.8

630.00

04/04/05

LJD

3.0

750.00

04/05/05

LJD

1.4

350.00

SAW

2.3

805.00

04/06/05

JKW

0.1

0.00

04/11/05

LJD

Case 3:08-cv-00919-IEG

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Page

3

January 9, 2008 RICHARD AND KAREN P. HARP HARP-01

NAME OF CASE MATTER:

TRUSTS

DATE

ATTY

SERVICES RENDERED CLIENT REQUESTING INFORMATION.

HOURS 2.5

AMOUNT 625.00

SAW

INTEROFFICE CONFERENCE WITH ATTORNEY LORNA DROPE TO REVIEW CLIENT DOCUMENTS; CONTINUE ANALYSIS AND DEVELOPMENT OF DYNASTY TRUST AND TAX PLANNING STRATEGIES. CALL TO CLIENT TO REQUEST BYLAWS (FOLLOW UP FROM MONDAY'S EMAIL). LEFT MESSAGE. CONTINUED REVIEW OF DOCUMENTS, INCLUDING APPRAISAL OF SCANGAS LLC, STATEMENT OF STOCKHOLDER'S EQUITY FOR SURGIFILE 2003 & 2204, & INVESTORS SPREADSHEET FOR SURGIFILE. PREPARE DOCUMENTS TO SEND TO GLENN GARLICK. CALL TO GLENN TO DISCUSS THE SAME. PHONE CALL FROM GLENN GARLICK REGARDING PACKAGE OF INFORMATION ON SURGIFILE. DISCUSSED APPRAISAL METHODS AND COSTS. STILL NEEDS BYLAWS AND INFORMATION ON NEWLY FORMED PARTNERSHIP. RECEIVED EMAIL FROM DELAWARE TRUST COMPANY REGARDING DELAWARE DYNASTY TRUSTS. FOLLOW-UP CALL TO U.S. TRUST IN DELAWARE, TO DISCUSS THE SAME. READ AND RESPONDED TO EMAIL FROM NORRIS WRIGHT FROM U.S. TRUST. AFTER REVIEWING THE TRUST, NORRIS RESPONDED WITH QUESTIONS AND RECOMMENDATIONS. ADD TRUST LANGUAGE AS REQUESTED BY U.S. TRUST AFTER REVIEWING TRUST DOCUMENT. REVIEW FINAL PARTNERSHIP AGREEMENT FOR FAMILY ARK. UPDATE TRUSTEE INFORMATION AS WELL AS TRUST PROTECTOR AND FINANCIAL ADVISOR WITH INFORMATION PROVIDED BY CLIENTS. MEETING WITH CLIENTS TO SIGN PARTNERSHIP DOCUMENTS.

1.7

595.00

04/12/05

LJD

1.2

300.00

04/14/05

LJD

0.5

125.00

04/20/05

LJD

1.7

425.00

05/18/05

LJD

0.75

187.50

05/19/05

LJD

4.7

1,175.00

Case 3:08-cv-00919-IEG

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Page

4

January 9, 2008 RICHARD AND KAREN P. HARP HARP-01

NAME OF CASE MATTER:

TRUSTS

TOTAL FOR PROFESSIONAL SERVICES

------------------30.45 $8,437.50 ------------------TOTAL CHARGES THROUGH 05/31/05 $8,437.50 ------------FINANCE CHARGES INCURRED $1.58

PRIOR BALANCE LESS RECEIPTS

$0.00

DATE 01/15/03 03/17/03 12/15/03 04/12/04 08/16/04 06/29/05

INVOICE NO 12939 Multiple 26080 33957 33957 Multiple

CREDITS TO ACCOUNT THANK YOU THANK YOU THANK YOU THANK YOU 1648. THANK YOU #2124. THANK YOU #2610. FOR FOR FOR FOR YOUR YOUR YOUR YOUR CHECK CHECK CHECK CHECK PAYMENT. CK# 1489 PAYMENT. CK# 1460 PAYMENT, CK# 1598. PAYMENT. CHECK # CHECK

AMOUNT 22.10CR 54.48CR 25.00CR 382.50CR

FOR YOUR CHECK PAYMENT. FOR YOUR CHECK PAYMENT.

217.50CR CHECK 7,737.50CR ------------TOTAL PAYMENTS AND CREDITS $8,439.08CR ------------TOTAL AMOUNT DUE FOR THIS MATTER $0.00 =============

PAYMENT IS DUE UPON RECEIPT OF THIS STATEMENT. PLEASE INCLUDE YOUR CLIENT CODE ON YOUR CHECK OR CREDIT CARD PAYMENT. YOUR CLIENT CODE IS LOCATED IN THE UPPER HAND CORNER OF YOUR STATEMENT. FOR BILLING QUESTIONS, PLEASE CONTACT MICHAEL DUELL AT (858) 657-0246 EXT. 208 OR E-MAIL AT [email protected].

CUTTING EDGE PLANNING......INVESTMENT IN RESULTS

Case 3:08-cv-00919-IEG

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Filed 07/02/2008

Page 5 of 67

January 9, 2008 RICHARD AND KAREN P. HARP 2122 SUBIDA TERRACE RANCHO LA COSTA, CA 92009 HARP-02 NAME OF CASE MATTER: INDIVIDUAL TAX

STATEMENT OF PROFESSIONAL SERVICES RENDERED THROUGH NOVEMBER 30, 2007 PAYMENT IS DUE UPON RECEIPT OF THIS STATEMENT

DATE 05/16/01

ATTY SAW

SERVICES RENDERED MEETING WITH CLIENTS TO REVIEW AND DISCUSS STATUS OF PREPARATION OF INDIVIDUAL TAX RETURNS FOR 2000; REVIEW VARIOUS TAX PLANNING ISSUES ASSOCIATED WITH PERSONAL TAX RETURNS - NO CHARGE. PREPARE FORM 2688 APPLICATION FOR ADDITIONAL EXTENSION OF TIME TO FILE U.S. INDIVIDUAL TAX RETURN . MEETING WITH CLIENT TO REVIEW STATUS OF FATHER'S ESTATE, TRUST ADMINISTRATION, AND POTENTIAL ESTATE TAX ASSESSED ON ESTATE - NO CHARGE. TELEPHONE CONFERENCE WITH IRS TO DETERMINE IF $10,000 WAS PAID IN ESTIMATED TAXES; $10,000 WAS FOR 1999 RETURN THE IRS NOTICE WAS ACCURATE. OFFICE CONFERENCE WITH MR. AND MRS. HARP TO REVIEW AND DISCUSS VARIOUS OPEN QUESTIONS REGARDING 2000 INTO THE 2000 INDIVIDUAL TAX RETURN REFUND AS YET UNRESOLVED AND TO REVIEW AND DISCUSS ISSUES RELATING TO MRS. HARP'S FATHER'S ESTATE MATTERS AND RELATED POTENTIAL TAX LIABILITIES. REVIEW TRUST DOCUMENTS FOR KAREN HARP'S FATHER'S TRUST; REVIEW KAREN'S FATHER'S WILL; REVIEW CHARLIE BEER CALCULATION OF TAXABLE ESTATE AND FEDERAL ESTATE TAX DUE. TELEPHONE CONFERENCE WITH KAREN HARP TO REVIEW QUESTIONS REGARDING HER FATHER'S DATE OF DEATH, HER MOTHER'S DATE OF DEATH, HER FATHER'S ASSETS INCLUDED IN

HOURS

AMOUNT

0.75

0.00

08/09/01

RAM

0.5

100.00

12/11/01

SAW

0.2

0.00

12/12/01

JEJ

0.3

60.00

ROJ

1.5

375.00

12/19/01

ROJ

1.5

375.00

12/20/01

ROJ

Case 3:08-cv-00919-IEG

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Page 6 of 67

Page

2

January 9, 2008 RICHARD AND KAREN P. HARP HARP-02 NAME OF CASE MATTER: INDIVIDUAL TAX

DATE

ATTY

SERVICES RENDERED THE ESTATE CALCULATIONS AND HER SISTER'S STATUS AS A DEPENDENT OF HER FATHER.

HOURS

AMOUNT

0.25

62.50

ROJ

PLACED TELEPHONE CALL TO CHARLIE BEER; NO ANSWER. - NO CHARGE. PLACED TELEPHONE CALL TO CHARLIE BEER; LEFT MESSAGE. PLACED TELEPHONE CALL TO PETER D'ANGELO; SPOKE TO HIS ASSISTANT AND LEFT MESSAGE. TELEPHONE CONFERENCE WITH PETER D'ANGELO REGARDING THE ESTATE TAX CALCULATIONS PREPARED BY MR. D'ANGELO AT THE REQUEST OF CHARLIE BEER. PLACED TELEPHONE CALL TO CHARLIE BEER; LEFT MESSAGE. NO CHARGE. TELEPHONE CONFERENCE WITH KAREN HARP TO UPDATE HER AS TO THE STATUS OF MY REVIEW OF HER FATHER'S ESTATE. TELEPHONE CONFERENCE WITH RICK HARP REGARDING KAREN HARP'S FATHER'S ESTATE AND THE ISSUES REMAINING AS OUTSTANDING AND THE STATUS OF UNRETURNED PHONE CALLS TO CHARLIE BEER. TELEPHONE CONFERENCE WITH RICK HARP REGARDING HIS TELEPHONE DISCUSSIONS WITH CHARLIE BEER AND HIS PLANS TO TRAVEL TO MICHIGAN TO STRAIGHTEN OUT KAREN HARP'S FATHER'S FINAL AFFAIRS. REVIEW FAX; DRAFT RESPONSE TO FAX FROM RICK HARP REGARDING INDIVIDUAL INCOME TAX ORGANIZER. NO CHARGE. PREPARATION OF U.S. INCOME TAX RETURN FORM 1040 AND PREPARATION OF CALIFORNIA INCOME TAX RETURN FORM 540. REVIEW BY CPA ROBERT JENSEN. PREPARATION OF U. S. INCOME TAX RETURN FORM SCHEDULE E.

0.1

0.00

12/26/01

ROJ

0.1

25.00

ROJ

0.2

50.00

12/27/01

ROJ

0.25

62.50

01/04/02

ROJ

0.1

0.00

ROJ

0.25

0.00

01/08/02

ROJ

0.9

225.00

01/10/02

ROJ

0.9

225.00

01/15/02

ROJ

0.25

0.00

04/12/02

ASR

0.0

350.00

ASR

0.0

100.00

Case 3:08-cv-00919-IEG

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Filed 07/02/2008

Page 7 of 67

Page

3

January 9, 2008 RICHARD AND KAREN P. HARP HARP-02 NAME OF CASE MATTER: INDIVIDUAL TAX

DATE 08/30/02

ATTY ROJ

SERVICES RENDERED REVIEW EDD INQUIRY REGARDING AMENDED PAYROLL TAX RETURN FILED BY CLIENT FOR THE QUARTER ENDED DECEMBER 31, 2000; RECOMMENDED TO CPA RUTH ANN MENDOZA THAT WE INFORMED THE EDD TO IGNORE THE AMENDED FILING AS FILED IN ERROR AND TO RESPECT THE ORIGINAL FILING; REVIEW LETTER TO EDD REGARDING SAME. REVIEW THE CLIENT'S STOCK BROKER STATEMENT AND TRADES DURING 2002 WITH CPA RUTH MENDOZA. REVIEW AND ANALYSIS OF CLIENT'S FINANCIAL INFORMATION; PREPARE EXTENSION OF TIME TO FILE INDIVIDUAL TAX RETURN. TAX RETURN PREPARATION: PREPARATION OF 2006 FORM 1040-US INDIVIDUAL INCOME TAX RETURN AND 2006 FORM 540 CALIFORNIA INDIVIDUAL INCOME TAX RETURN; REVIEW BY CPA ROBERT JENSEN. FLAT RATE FEE. +TX8 CORRESPONDENCE TO CLIENT REGARDING SAME. PREPARATION OF U.S. INCOME TAX RETURN SCHEDULE E. REVIEW CORPORATE, PARTNERSHIP, AND PENSION TAX FILES AND TAX PROJECTIONS AND PREPARE YEAR END TAX ANALYSIS FOR 2002. PROFESSIONAL COURTESY - NO CHARGE. OFFICE CONFERENCE TO REVIEW AND DISCUSS POTENTIAL TAX ISSUES RELATING TO RECEIPTS OF 1,100,000 SHARES OF CORPORATION STOCK FOR ZERO CONSIDERATION; RECOMMEND CLIENT ESTABLISH APPOINTMENT WITH ATTORNEY SCOTT A. WAAGE TO REVIEW THE TRANSACTION. MEETING WITH CLIENT TO REVIEW INDIVIDUAL TAX ORGANIZER AND/OR DOCUMENTATION RELATING TO INDIVIDUAL TAX RETURN PREPARATION FOR CALENDAR YEAR 2006; REVIEW REQUIREMENTS OF FEDERAL AND STATE TAX FILING; REVIEW, ANALYSIS, AND TAX PLANNING RELATED TO

HOURS

AMOUNT

0.5

125.00

03/22/03

ROJ

0.5

125.00

03/25/03

RAM

0.75

150.00

04/14/03

ROJ

1.4

350.00

ROJ

0.4

100.00

06/26/03

BPW

1.75

0.00

09/11/03

ROJ

0.5

125.00

03/03/04

ROJ

Case 3:08-cv-00919-IEG

Document 5-5

Filed 07/02/2008

Page 8 of 67

Page

4

January 9, 2008 RICHARD AND KAREN P. HARP HARP-02 NAME OF CASE MATTER: INDIVIDUAL TAX

DATE

ATTY

SERVICES RENDERED CLIENT'S INDIVIDUAL TAX RETURNS.

HOURS 0.5

AMOUNT 125.00

04/10/04

ROJ

TAX RETURN PREPARATION: PREPARATION OF 2006 FORM 1040-US INDIVIDUAL INCOME TAX RETURN AND 2006 FORM 540 CALIFORNIA INDIVIDUAL INCOME TAX RETURN; REVIEW BY CPA ROBERT JENSEN. FLAT RATE FEE. +TX8 PREPARATION OF U.S. INCOME TAX RETURN SCHEDULE E. TAX RETURN PREPARATION: PREPARATION OF 2006 FORM 1040-US INDIVIDUAL INCOME TAX RETURN AND 2006 FORM 540 CALIFORNIA INDIVIDUAL INCOME TAX RETURN; REVIEW BY CPA ROBERT JENSEN. FLAT RATE FEE. +TX8 PREPARATION OF U.S. INCOME TAX RETURN SCHEDULE E. CONFERRED WITH ATTORNEY LORNA DROPE REGARDING TAX AND SECURITIES LAW ISSUES RAISED BY TRANSFER OF STOCK AND TRANSFER/EXERCISE OF WARRANTS IN SURGIFILE, INC. TO THE LIMITED PARTNERSHIP; TELEPHONE CONFERENCE WITH TOM STEPP, ATTORNEY FOR SURGIFILE, REGARDING ISSUES RAISED BY THE TRANSFER OF STOCK AND WARRANTS BY MR. HARP. PREPARED ASSUMPTION AGREEMENT AND GUARANTY TO FACILITATE TRANSFER OF SURGIFILE SHARES TO THE PARTNERSHIP; PREPARED E-MAIL TO TOM STEPP, THE ATTORNEY FOR SURGIFILE, ENCLOSING DOCUMENTS AND DISCUSSING TAX ISSUES RAISED BY UNVESTED WARRANTS. REVIEW AND DISCUSSION WITH ATTORNEY'S DAVID GRANT AND LORNA DROPE REGARDING THE TAX ABILITY AND OR TAXATION OF VESTED WARRENTS. FURTHER ANALYSIS OF TAX ISSUES RAISED BY WARRANTS. REVIEWED AND REVISED FORM OF ASSIGNMENT COVERING THE TRANSFER OF SURGIFILE STOCK TO THE PARTNERSHIP, PREPARED

1.4

350.00

ROJ

0.4

100.00

03/24/05

ROJ

1.4

350.00

ROJ

0.4

100.00

06/15/05

DJG

2.0

600.00

06/16/05

DJG

3.0

900.00

ROJ

1.0

250.00

06/17/05

DJG

0.5

150.00

06/23/05

DJG

Case 3:08-cv-00919-IEG

Document 5-5

Filed 07/02/2008

Page 9 of 67

Page

5

January 9, 2008 RICHARD AND KAREN P. HARP HARP-02 NAME OF CASE MATTER: INDIVIDUAL TAX

DATE

ATTY

SERVICES RENDERED CORRESPONDENCE TO TOM STEPP RE SAME; TELEPHONE CONFERENCE WITH CLIENT REGARDING TAX ISSUES.

HOURS

AMOUNT

2.0

600.00

06/27/05

DJG

PREPARED SUMMARY OF TAX CONSEQUENCES OF EXERCISING COMPENSATORY WARRANTS FOR PRESENTATION TO SURGIFILE BOARD OF DIRECTORS; TELEPHONE CONFERENCE WITH ATTORNEY DOUGLAS SCHAAF REGARDING SAME. MEETING WITH SURGIFILE BOARD OF DIRECTORS TO DISCUSS TAX AND CORPORATE LAW ISSUES RAISED BY PROPOSED ACCELERATION OF VESTING ON OUTSTANDING WARRANTS. PREPARED E-MAIL TO TOM STEPP EXPLAINING DECISIONS MADE AT BOARD MEETING AND DISCUSSING FUTURE ACTIONS TO IMPLEMENT SAME. PREPARED E-MAIL TO TOM STEPP EXPLAINING DECISIONS MADE AT BOARD MEETING AND DISCUSSING FUTURE ACTIONS TO IMPLEMENT SAME. REVIEW WARRANT PRESENTATION FOR SURGIFILE DIRECTOR'S MEETING. SUGGEST DISCUSSING INCOME ATTRIBUTED BACK TO ORIGINAL HOLDER OF WARRANT. TAX RETURN PREPARATION: PREPARATION OF 2006 FORM 1040-US INDIVIDUAL INCOME TAX RETURN AND 2006 FORM 540 CALIFORNIA INDIVIDUAL INCOME TAX RETURN; REVIEW BY CPA ROBERT JENSEN. FLAT RATE FEE. +TX8 PREPARATION OF U.S. INCOME TAX RETURN SCHEDULE E.

2.0

600.00

06/28/05

DJG

0.0

600.00

06/29/05

DJG

0.6

180.00

DJG

0.6

180.00

06/30/05

LJD

0.6

150.00

04/11/06

ROJ

1.5

450.00

ROJ

0.35 ------TOTAL FOR PROFESSIONAL SERVICES 32.1 -------

100.00 ------------$8,770.00 -------------

DATE 04/12/02 04/14/03 04/10/04

COSTS ADVANCED +CC ADVANCE COST FOR COMPUTER FEE. ADVANCED COST FOR COMPUTER FEE.

AMOUNT 50.00 50.00 50.00

Case 3:08-cv-00919-IEG

Document 5-5

Filed 07/02/2008

Page 10 of 67

Page

6

January 9, 2008 RICHARD AND KAREN P. HARP HARP-02 NAME OF CASE MATTER: INDIVIDUAL TAX

DATE 06/24/04 03/24/05 04/11/06 05/30/06 08/18/06 08/18/06

COSTS ADVANCED COSTS ADVANCED FOR FEDERAL EXPRESS DELIVERY ON MAY 17, 2004. ADVANCED COST FOR COMPUTER FEE. ADVANCE COST FOR COMPUTER FEE. COSTS ADVANCED FOR MAIL DELIVERY ON APRIL 25, 2006. COSTS ADVANCED FOR MAIL DELIVERY ON JULY 6, 2006. COSTS ADVANCED FOR CERTIFIED MAIL ON JULY 25, 2006.

AMOUNT

17.50 50.00 50.00 4.00 5.00 8.00 ------------SUBTOTAL FOR COSTS ADVANCED $284.50 ------------TOTAL CHARGES THROUGH 11/30/07 $9,054.50 ------------FINANCE CHARGES INCURRED $1,942.56

PRIOR BALANCE LESS RECEIPTS

$0.00

DATE 09/20/01 01/21/02 04/08/02 06/11/02 11/25/02 01/15/03 01/15/03 01/31/03 04/15/03 06/20/03 11/18/03 04/12/04 04/14/05

INVOICE NO 1366 3742 Multiple 6900 10254 10254 Multiple Multiple Multiple 18626 23971 Multiple 48641

CREDITS TO ACCOUNT THANK YOU FOR YOUR CHECK PAYMENT. CHECK #1196. THANK YOU FOR YOUR CHECK PAYMENT. CHECK #1259. THANK YOU FOR YOUR CHECK PAYMENT. CHECK #1294. THANK YOU FOR YOUR CHECK PAYMENT. CHECK #1319. THANK YOU FOR YOUR CHECK PAYMENT. CK# 1406. THANK YOU FOR YOUR CHECK PAYMENT. CK# 1490 THANK YOU FOR YOUR CHECK PAYMENT. CK# 1489 PROFESSIONAL COURTESY ADJUSTMENT ON FINANCE CHARGES. THANK YOU FOR YOUR CHECK PAYMENT. CK# 1149 THANK YOU FOR YOUR CHECK PAYMENT, CHECK NO. 1513. THANK YOU FOR YOUR CHECK PAYMENT, CK# 1580. THANK YOU FOR YOUR CHECK PAYMENT. CHECK # 1648. THANK YOU FOR YOUR CHECK PAYMENT. CHECK #2494.

AMOUNT

100.00CR 560.00CR 913.50CR 500.00CR 76.88CR 48.12CR 2.60CR 1.44CR 500.00CR 275.00CR 125.00CR 642.50CR

500.00CR ------------TOTAL PAYMENTS AND CREDITS $4,245.04CR -------------

Case 3:08-cv-00919-IEG

Document 5-5

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Page 11 of 67

Page

7

January 9, 2008 RICHARD AND KAREN P. HARP HARP-02 NAME OF CASE MATTER: INDIVIDUAL TAX

TOTAL AMOUNT DUE FOR THIS MATTER

$6,752.02 =============

WE NOW ACCEPT PAYMENTS VIA FACSIMILE, E-MAIL OR ONLINE AT WAAGELAW.COM PLEASE INCLUDE YOUR CLIENT CODE WHICH IS LOCATED IN THE UPPER RIGHT-HAND CORNER OF YOUR STATEMENT WITH YOUR PAYMENT FOR BILLING QUESTIONS OR PAYMENTS, PLEASE CONTACT MICHAEL AT (858) 657-0246, EXT. 208 OR E-MAIL AT [email protected] CUTTING EDGE PLANNING......INVESTMENT IN RESULTS

Case 3:08-cv-00919-IEG

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Filed 07/02/2008

Page 12 of 67

January 9, 2008 RICHARD AND KAREN P. HARP 2122 SUBIDA TERRACE RANCHO LA COSTA, CA 92009 HARP-09 NAME OF CASE MATTER: GENERAL BUSINESS

STATEMENT OF PROFESSIONAL SERVICES RENDERED THROUGH NOVEMBER 30, 2007

DATE 02/05/02

ATTY ROJ

SERVICES RENDERED TELEPHONE CONFERENCE WITH ACCOUNTANT PETER D'ANGELO REGARDING FRANK DURST TAX RETURNS AND ASSETS OWNED BY KAREN HARP'S SISTER AND HER FATHER. OFFICE CONFERENCE WITH RICK AND KAREN HARP REGARDING THE ESTATE OF FRANK DURST AND THE OWNERSHIP OF SOME ASSETS BY THE CORPORATION AUELOX AND KAREN HARP. MEETING WITH CLIENT TO REVIEW ESTATE OF FRANK DURST AND POTENTIAL LEGAL CAUSES OF ACTION RELATED TO SECURITIES FIRM FRAUD, ETC. INITIAL REVIEW OF TIMELINE FOR ESTATE OF FRANK DURST IN OBSERVATIONS OF CLIENT RELATING TO IMPROPER SERVICES PROVIDED BY FIRST MICHIGAN AND POTENTIAL FRAUDULENT CONDUCT ON THE PART OF FIRST MICHIGAN SECURITIES TRADER. INITIAL REVIEW OF THE FRANK DURST ESTATE TAX DOCUMENTATION AND INFORMATION PROVIDED BY CLIENTS. PREPARE CORRESPONDENCE TO FIRST OF MICHIGAN ON BEHALF OF CLIENTS INSTRUCTING TRADING ACTIVITY TO CEASE AND ASSIST AND ALERTING FIRST OF MICHIGAN TO CLAIMS TO BE FILED AGAINST THEM FOR SECURITY FRAUD, ETC. TELEPHONE CONFERENCE WITH CLIENT REGARDING LETTER SENT TO CHARLEY BEER; FACSIMILE OF LETTER SENT TO CLIENT NO CHARGE. REVIEW FILE AND ANALYZE POTENTIAL CAUSES OF ACTION. MEETING WITH CLIENTS TO REVIEW CURRENT STATUS OF FIRST OF MICHIGAN SECURITIES

HOURS

AMOUNT

0.5

125.00

02/08/02

ROJ

1.5

375.00

SAW

1.0

300.00

SAW

0.5

150.00

02/09/02

SAW

1.0

300.00

02/11/02

SAW

0.6

180.00

02/12/02

JKW

0.1

0.00

02/15/02

BPW

2.1

525.00

02/19/02

SAW

Case 3:08-cv-00919-IEG

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Page 13 of 67

Page

2

January 9, 2008 RICHARD AND KAREN P. HARP HARP-09

NAME OF CASE MATTER:

GENERAL BUSINESS

DATE

ATTY

SERVICES RENDERED FRAUD CASE, ESTATE AND GIFT TAX ACCOUNTING ISSUES GENERATED FROM FRANK DURST ESTATE; POTENTIAL LEGAL AND TAX PLANNING ISSUES; REVIEW CLIENTS' LATEST SUMMARIES REGARDING CASE.

HOURS

AMOUNT

1.5

450.00

02/22/02

SAW

RECEIPT AND REVIEW EMAIL CORRESPONDENCE FROM CLIENT WITH A VARIETY OF DOCUMENTS ATTACHED; REVIEW CLIENT EMAIL AND ATTACHED DOCUMENTS; INCORPORATE CORRESPONDENCE AND DOCUMENTS INTO CLIENT FILE FOR PREPARATION OF DEMAND PACKAGE TO SECURITIES FIRM. RECEIPT AND REVIEW CORRESPONDENCE FROM FAHNESTOCK AND VICE PRESIDENT COMPLIANCE OFFICER REGARDING CHARLIE BEER AND ACCOUNTING OF STOCK TRANSACTIONS, ETC. ANALYZE POTENTIAL INTELLECTUAL PROPERTY PROTECTION ISSUES. RESEARCH AND PREPARE LETTER TO CLIENT REGARDING PROTECTION OF INTELLECTUAL PROPERTY RIGHTS - CLIENT COURTESY, NO CHARGE. TELEPHONE CONFERENCE WITH CLIENT REGARDING PROSPECTIVE BUSINESS APPLICATIONS OF NEW MEDICAL DEVICE; REVIEW LEGAL AND TAX STRATEGIES AND ISSUES TO BE CONSIDERED BY CLIENT AND INVESTORS. MEETING WITH CLIENT AND CLIENT'S FINANCIAL ADVISOR REGARDING START-UP OF NEW CORPORATION, POTENTIAL PRIVATE OFFERINGS, AND POTENTIAL LEGAL AND TAX ISSUES AND STRATEGIES RELATED TO NEW MEDICAL DEVICE VENTURE. PREPARE CORRESPONDENCE TO CLIENT INITIATING NEW CLIENT REPRESENTATION FOR NEWLY FORMED CORPORATION; REQUEST CORPORATE INFORMATION IN ORDER TO ESTABLISH TAX FILES - NO CHARGE.

0.35

105.00

02/27/02

SAW

0.2

60.00

08/29/02

BPW

0.2

50.00

08/30/02

BPW

0.3

0.00

10/16/02

SAW

0.25

75.00

10/21/02

SAW

1.0

300.00

11/09/02

SAW

0.2

0.00

Case 3:08-cv-00919-IEG

Document 5-5

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Page 14 of 67

Page

3

January 9, 2008 RICHARD AND KAREN P. HARP HARP-09

NAME OF CASE MATTER:

GENERAL BUSINESS

TOTAL FOR PROFESSIONAL SERVICES

------11.3 -------

------------$2,995.00 -------------

DATE 12/29/06

COSTS ADVANCED COSTS ADVANCED FOR FEDERAL EXPRESS DELIVERY ON NOVEMBER 15, 2006.

AMOUNT

21.00 ------------SUBTOTAL FOR COSTS ADVANCED $21.00 ------------TOTAL CHARGES THROUGH 11/30/07 $3,016.00 ------------FINANCE CHARGES INCURRED $17.46

PRIOR BALANCE LESS RECEIPTS

$0.00

DATE 04/08/02 01/15/03 01/15/03 03/17/03

INVOICE NO 5318 12013 Multiple Multiple

CREDITS TO ACCOUNT THANK YOU #1294. THANK YOU THANK YOU THANK YOU FOR YOUR CHECK PAYMENT. FOR YOUR CHECK PAYMENT. FOR YOUR CHECK PAYMENT. FOR YOUR CHECK PAYMENT. CHECK

AMOUNT

2,570.00CR CK# 1490 78.32CR CK# 1489 348.18CR CK# 1460 12.76CR ------------TOTAL PAYMENTS AND CREDITS $3,009.26CR ------------$24.20 =============

TOTAL AMOUNT DUE FOR THIS MATTER

PAYMENT IS DUE UPON RECEIPT OF THIS STATEMENT. PLEASE INCLUDE YOUR CLIENT CODE ON YOUR CHECK OR CREDIT CARD PAYMENT. YOUR CLIENT CODE IS LOCATED IN THE UPPER HAND CORNER OF YOUR STATEMENT. FOR BILLING QUESTIONS, PLEASE CONTACT MICHAEL DUELL AT (858) 657-0246 EXT. 208 OR E-MAIL AT [email protected].

CUTTING EDGE PLANNING......INVESTMENT IN RESULTS

Case 3:08-cv-00919-IEG

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Filed 07/02/2008

Page 15 of 67

January 9, 2008 RICHARD AND KAREN P. HARP 2122 SUBIDA TERRACE RANCHO LA COSTA, CA 92009 HARP-10 NAME OF CASE MATTER: MISCELLANEOUS

STATEMENT OF PROFESSIONAL SERVICES RENDERED THROUGH NOVEMBER 30, 2007

DATE 06/01/01

ATTY SAW

SERVICES RENDERED RECEIVE AND REVIEW CORRESPONDENCE FROM ATTORNEY JASON KERCKHOFF REGARDING DEMAND LETTER RESPONSE. DISCUSSION WITH CLIENT REGARDING STATUS OF KERCHKOFF ATTORNEY DISPUTE. PREPARATION OF CORRESPONDENCE TO ATTORNEY JASON KERCKHOFF REGARDING TRUST FUND SETTLEMENT, ACCOUNTING AND LEGAL MALPRACTICE CLAIM, ETC. PREPARE CORRESPONDENCE REGARDING ATTORNEY KERCKHOFF ISSUES; REVIEW LEGAL MALPRACTICE MATTER AND STATUTES; REVIEW FILE TURNOVER AND TRUST ACCOUNTING ISSUES; ENCLOSE CALIFORNIA STATE BAR INFORMATION. REVIEW OF FAXED DOCUMENT REGARDING HARP V. SEYMOUR. MEETING WITH CLIENTS REGARDING OUTSTANDING RECEIVABLE; REVIEW LITIGATION AND COLLECTION PROCESS; REVIEW FACTS OF DEFAULTED RECEIVABLE; REVIEW POTENTIAL DEMAND LETTER AND LITIGATION STRATEGIES. REVIEW SANDEL AVIONICS INVOICES AND CONTRACTUAL AGREEMENT FOR SERVICES BETWEEN SANDEL AND INNOVATIVE MEDICAL DESIGNS; PREPARE DEMAND LETTER FOR OUTSTANDING RECEIVABLES FOR SERVICES RENDERED BY IMD; FAX CORRESPONDENCE TO CLIENT FOR REVIEW. RECEIPT AND REVIEW CORRESPONDENCE FROM CLIENTS REGARDING DEMAND LETTER FROM GUARANTY COLLECTION CO.; EVALUATE COLLECTION LETTER AND PREPARE CORRESPONDENCE TO CLIENT WITH LEGAL POSITION AND RECOMMENDATIONS REGARDING RESPONSE.

HOURS

AMOUNT

0.5

150.00

06/27/01

SAW

0.5

150.00

06/30/01

SAW

1.0

300.00

07/02/01

SAW

1.25

375.00

08/27/01

ACO

0.3

75.00

12/11/01

SAW

0.5

150.00

12/17/01

SAW

1.0

300.00

01/24/02

SAW

0.3

90.00

Case 3:08-cv-00919-IEG

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Page 16 of 67

Page

2

January 9, 2008 RICHARD AND KAREN P. HARP HARP-10

NAME OF CASE MATTER:

MISCELLANEOUS

DATE 03/02/02

ATTY SAW

SERVICES RENDERED MEETING WITH CLIENT RICK HARP TO REVIEW ADDITIONAL DOCUMENTATION PROVIDED BY CLIENT; REVIEW DOCUMENTATION POST CLIENT MEETING. REVIEW INTERNAL REVENUE SERVICE OF MICHIGAN TAX CODES REGARDING PENALTIES, INTEREST AND ESTATE TAX FILING REQUIREMENTS; DRAFT MEMORANDUM TO FILE REGARDING THE RESULTS OF THIS RESEARCH REVIEW. OFFICE CONFERENCE WITH SCOTT A. WAAGE TO REVIEW AND DISCUSS MY INITIAL DRAFT LETTER TO THE FAHENSTOCK COMPANY. MEETING WITH CLIENTS AND CPA ROBERT O. JENSEN TO REVIEW ACCOUNTING, TAX, LEGAL AND VARIOUS ISSUES ASSOCIATED WITH ESTATE OF FRANK DURST; REVIEW DEMAND PACKAGE LETTER TO FAHNESTOCK AND FIRST OF MICHIGAN RELATED TO SECURITIES CLAIMS AND FRAUD. TELEPHONE CONFERENCE WITH RICK HARP TO REVIEW AND DISCUSS VARIOUS STRATEGIES AND NEW NOTICE RECEIVED FROM THE INTERNAL REVENUE SERVICE REGARDING FRANK DURST FINAL TAX RETURN. DRAFT MEMORANDUM TO FILE REGARDING RESULTS OF TELEPHONE CONVERSATION WITH RICK HARP. DRAFT LETTER TO RICK AND KAREN HARP REGARDING OUR RECOMMENDATIONS TO FILE ESTATE TAX RETURN AND TO PAY INDIVIDUAL INCOME TAXES OF FRANK DURST AS SOON AS POSSIBLE. INTER-OFFICE CONFERENCE WITH CPA ROBERT O. JENSEN TO DISCUSS NEWLY REVEALED FACTUAL INFORMATION PERTINENT TO EVALUATION OF CLAIMS TO BE ASSERTED AGAINST FAHNESTOCK AND FIRST OF MICHIGAN; DISCUSS CLIENTS' REVELATION OF PRESENCE WHEN ASSETS TRANSFERRED TO ARLEEN MARKOTT AND IMPACT ON CASE.

HOURS

AMOUNT

1.0

300.00

03/09/02

ROJ

3.5

875.00

03/11/02

ROJ

2.0

500.00

SAW

1.5

450.00

03/13/02

ROJ

0.5

125.00

ROJ

1.0

250.00

ROJ

1.0

250.00

SAW

0.5

150.00

Case 3:08-cv-00919-IEG

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Page 17 of 67

Page

3

January 9, 2008 RICHARD AND KAREN P. HARP HARP-10

NAME OF CASE MATTER:

MISCELLANEOUS

DATE 03/26/02

ATTY ROJ

SERVICES RENDERED OFFICE CONFERENCE TO REVIEW PERSONAL TAX RETURN INFORMATION AND FRANK DURST ESTATE ISSUES. MEETING WITH RICK AND KAREN HARP TO REVIEW ESTATE LITIGATION, SECURITIES LITIGATION, TAX SITUATION REGARDING FRANK DURST ESTATE; REVIEW POTENTIAL SECURITIES LITIGATION, CIVIL LITIGATION, AND ARBITRATION ASPECTS OF POTENTIAL CASE; REVIEW LEGAL AND TAX RECOMMENDATIONS REGARDING CASE; REVIEW CLIENTS' ASSET PROTECTION STRATEGIES AS APPLICABLE TO PRIOR JUDGMENT DETAINED AGAINST CLIENT PRE-EXISTING ASSET PROTECTION STRATEGIES; REVIEW PROSPECTIVE PROTECTION BY ASSET PROTECTION STRATEGIES. TELEPHONE CONFERENCE WITH JOHN CORDOVA REGARDING SERVICES PROVIDED BY OUR OFFICE; ADVISED HIM THAT OUR OFFICE DOES NOT PERFORM FINANCIAL AUDITS. INTEROFFICE CONFERENCE WITH CPA RUTH ANN MENDOZA TO COORDINATE COMMUNICATION TO CLIENT THAT FORMAL ACCOUNTING AUDIT NEEDS TO BE PREPARED BY OUTSIDE ACCOUNTING FIRM; DISCUSSIONS REGARDING ABILITY TO PREPARE COMPILATION OR REVIEW - NO CHARGE.

HOURS

AMOUNT

0.75

187.50

SAW

1.75

525.00

01/08/03

RAM

0.1

10.00

SAW

0.2 0.00 ------------------TOTAL FOR PROFESSIONAL SERVICES 19.15 $5,212.50 ------------------TOTAL CHARGES THROUGH 01/31/03 $5,212.50 ------------FINANCE CHARGES INCURRED $36.69

PRIOR BALANCE LESS RECEIPTS

$0.00

DATE 08/10/01

INVOICE NO Multiple

CREDITS TO ACCOUNT THANK YOU FOR YOUR CHECK PAYMENT. CHECK

AMOUNT

Case 3:08-cv-00919-IEG

Document 5-5

Filed 07/02/2008

Page 18 of 67

Page

4

January 9, 2008 RICHARD AND KAREN P. HARP HARP-10

NAME OF CASE MATTER:

MISCELLANEOUS

DATE

INVOICE NO

CREDITS TO ACCOUNT #1176. THANK YOU #1196. THANK YOU #1217. THANK YOU #1294. THANK YOU #1300. THANK YOU #1319. THANK YOU

AMOUNT 975.00CR

09/20/01 01/18/02 04/08/02 04/17/02 06/11/02 03/17/03

1367 3743 Multiple 6118 Multiple 15295

FOR YOUR CHECK PAYMENT. FOR YOUR CHECK PAYMENT. FOR YOUR CHECK PAYMENT. FOR YOUR CHECK PAYMENT. FOR YOUR CHECK PAYMENT. FOR YOUR CHECK PAYMENT.

CHECK 75.00CR CHECK 450.00CR CHECK 756.50CR CHECK 500.00CR CHECK CK# 1460

2,482.69CR 10.00CR ------------TOTAL PAYMENTS AND CREDITS $5,249.19CR ------------$0.00 =============

TOTAL AMOUNT DUE FOR THIS MATTER

PAYMENT IS DUE UPON RECEIPT OF THIS STATEMENT. PLEASE INCLUDE YOUR CLIENT CODE ON YOUR CHECK OR CREDIT CARD PAYMENT. YOUR CLIENT CODE IS LOCATED IN THE UPPER HAND CORNER OF YOUR STATEMENT. FOR BILLING QUESTIONS, PLEASE CONTACT MICHAEL DUELL AT (858) 657-0246 EXT. 208 OR E-MAIL AT [email protected].

CUTTING EDGE PLANNING......INVESTMENT IN RESULTS

Case 3:08-cv-00919-IEG

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Filed 07/02/2008

Page 19 of 67

January 9, 2008 RICHARD AND KAREN P. HARP 2122 SUBIDA TERRACE RANCHO LA COSTA, CA 92009 HARP-11 NAME OF CASE MATTER: COLLECTIONS

STATEMENT OF PROFESSIONAL SERVICES RENDERED THROUGH NOVEMBER 30, 2007 PAYMENT IS DUE UPON RECEIPT OF THIS STATEMENT

DATE 04/17/06

ATTY SAW

SERVICES RENDERED REVIEW BILLING ENTRIES FOR CLIENT'S PERSONAL AND BUSINESS MATTERS PRIOR TO APPOINTMENT; MEETING WITH CLIENT REGARDING LEGAL AND TAX SERVICES PERFORMED; INFORMED CLIENT CHARGES ARE ACCURATE AND NO ERRORS IN BILLINGS HAVE OCCURRED; INTEROFFICE CONFERENCE WITH BUSINESS MANAGER MICHAEL DUELL. REVIEW FILE IN PREPARATION FOR COMPLAINT FOR BREACH OF CONTRACT AND COMMON COUNTS. BEGIN DRAFT OF COMPLAINT FOR BREACH OF WRITTEN CONTRACTS AND COMMON COUNTS. CONTINUE PREPARATION OF COMPLAINT FOR BREACH OF MULTIPLE CONTRACTS AND COMMON COUNTS; LEGAL RESEARCH REGARDING RECOVERABLE ITEMS WITHIN AGREEMENTS AND MEMORANDUM TO ATTORNEY SCOTT WAAGE REGARDING RESEARCH AND STATUS; PREPARATION OF CASE COVER SHEET; CONFERENCE WITH BUSINESS MICHAEL DUELL REGARDING FILING FEES AND SUBMISSION INTO SUPERIOR COURT. MEETING WITH BUSINESS MANAGER MICHAEL AND ATTORNEY STEPHANIE WINSTEAD REGARDING BALANCE OWING AND FILING OF SUPERIOR COURT ACTION. MEETING WITH BUSINESS MANAGER MICHAEL DUELL AND ATTORNEY BRUCE ROSEN REGARDING UNPAID BALANCES. CONFERENCE WITH BUSINESS MANAGER MICHAEL DUELL REGARDING COLLECTION STATUS AND RICK HARP'S RECENT LETTER;

HOURS

AMOUNT

0.75

0.00

07/26/06

BSR

0.5

125.00

07/27/06

BSR

2.0

500.00

07/28/06

BSR

3.0

750.00

07/31/06

BSR

0.6

150.00

SDW

0.4

100.00

08/01/06

BSR

Case 3:08-cv-00919-IEG

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Page 20 of 67

Page

2

January 9, 2008 RICHARD AND KAREN P. HARP HARP-11 NAME OF CASE MATTER: COLLECTIONS

DATE

ATTY

SERVICES RENDERED BRIEF LEGAL RESEARCH REGARDING OBLIGATIONS TO PROVIDE PREVIOUSLY PROVIDED (FEE AGREEMENT); DRAFT LETTER TO RICK HARP IN RESPONSE.

HOURS

AMOUNT

0.4

100.00

08/21/06

BSR

REVIEW COURT FILING AND CALENDER UPCOMING DEADLINES AND EVENTS IN CASE; MEMORANDUM TO FILE REGARDING STATUS. PREPARE HARP DOCUMENTS FOR SERVICE; LETTER TO JUNE'S ATTORNEY SERVICE REGARDING EFFECTUATING SERVICE ON OR AFTER 9/5/06. TELEPHONE CONFERENCE WITH JUNE'S REGARDING STATUS ON SERVICE. TELEPHONE CONVERSATION WITH GLORIA AT ATTORNEY SERVICE REGARDING HER LACK OF SUCCESS IN SERVING DEFENDANTS WITH SUMMONS AND COMPLAINT. INSTRUCT ATTORNEY SERVICE TO PREPARE A DECLARATION ATTESTING TO THE FACTS SURROUNDING HER ATTEMPTS AT SERVICE. DRAFT E-MAIL TO ATTORNEY, BRUCE ROSEN, NOTIFYING HIM THAT DEFENDANTS HAVE NOT YET BEEN SERVED. DISCUSSIONS WITH FIRM DIRECTOR, JUNE WAAGE, AND ATTORNEY, BRUCE ROSEN, REGARDING THE ATTEMPTED SERVICE ON MR. HARP. REVIEW AND ANALYSIS REGARDING HARP WRIT OF ATTACHMENT POTENTIAL. CONTINUED RESEARCH, ANALYSIS AND REVIEW REGARDING HARP WRIT OF ATTACHMENT. PREPARATION OF ATTACHMENT APPLICATION. CONTINUED RESEARCH AND PREPARATION REGARDING WRIT OF ATTACHMENT. PREPARATION OF CERTIFICATE OF PROGRESS; E-MAIL TO ATTORNEY SERVICE REGARDING SERVICE. RECEIVE, REVIEW AND SIGN CERTIFICATE OF PROGRESS AND DRAFT LETTER TO COURT REQUESTING THAT THEY FILE THE CERTIFICATE OF PROGRESS AND RETURN A

0.7

175.00

08/30/06

BSR

0.5

125.00

09/15/06

BSR

0.1

25.00

09/18/06

SDW

0.5

125.00

09/27/06

BSR

0.5

125.00

09/28/06

BSR

0.5

125.00

09/29/06

BSR

2.2

550.00

10/02/06

BSR

0.6

150.00

SDW

Case 3:08-cv-00919-IEG

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Page

3

January 9, 2008 RICHARD AND KAREN P. HARP HARP-11 NAME OF CASE MATTER: COLLECTIONS

DATE

ATTY

SERVICES RENDERED CONFORMED COPY TO THIS OFFICE IN THE SELF-ADDRESSED PRE-PAID ENVELOPE PROVIDED.

HOURS

AMOUNT

0.3 10/04/06 BSR CONFERENCE WITH JUNE WAAGE REGARDING SERVICE STATUS; CONFERENCE WITH PROCESS SERVER REGARDING GETTING SERVICE ACCOMPLISHED; E-MAIL TO PROCESS SERVER. REVIEW ISSUES REGARDING SERVICE AND CONFER WITH SERVER REGARDING OBTAINING CONFORMED COPY. CONFERENCE WITH BUSINESS MANAGER, MIKE DUELL, REGARDING PREVIOUS HARP CONFERENCES AND ADMISSIONS. CONFERENCE WITH PROCESS SERVER REGARDING SERVICE ISSUES; E-MAIL TO RICHARD HARP REGARDING SERVICE. PREPARATION OF CERTIFICATE OF SERVICE. CONTINUED REVIEW AND ANALYSIS IN PREPARATION OF WRIT OF ATTACHMENT APPLICATION. CONTINUED PREPARATION AND ANALYSIS REGARDING ATTACHMENT APPLICATION. CONTINUED RESEARCH AND PREPARATION AND REVISION OF ATTACHMENT APPLICATION. REVIEW ISSUES REGARDING FED-EX DELIVERIES; NEW LETTER TO RICHARD HARP REGARDING SERVICE. REVIEW CALENDARING AND ENTER DATES REGARDING UPCOMING POTENTIAL FOR DEFAULT/RESPONSE. REVIEW STATUS ON RESPONSE/SERVICE. REVIEW AND ANALYSIS OF REQUEST BY ATTORNEY LUTHOLD AND CONFERENCE WITH JUNE REGARDING ISSUES PRESENTED; CONFERENCE WITH MIKE DUELL REGARDING ITEMS REQUESTED.

75.00

0.5

125.00

10/10/06

BSR

0.3

75.00

10/23/06

BSR

0.25

62.50

11/08/06

BSR

0.4 0.25

100.00 62.50

11/09/06

BSR BSR

2.5

625.00

11/10/06

BSR

2.0

500.00

BSR

3.0

750.00

11/13/06

BSR

0.4

100.00

11/14/06

BSR

0.2 0.2

50.00 50.00

11/30/06 12/04/06

BSR BSR

0.7

175.00

Case 3:08-cv-00919-IEG

Document 5-5

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Page 22 of 67

Page

4

January 9, 2008 RICHARD AND KAREN P. HARP HARP-11 NAME OF CASE MATTER: COLLECTIONS

DATE

ATTY SDW

SERVICES RENDERED RECEIVE AND REVIEW FACSIMILE (2 PAGES) FROM OPPOSING COUNSEL. DISCUSSION WITH ATTORNEY, BRUCE ROSEN, REGARDING FACSIMILE RECEIVED AND OUR RESPONSE THERETO. CONFERENCE WITH ATTORNEY STEPHANIE WINSTEAD AND ATTORNEY SCOTT WAAGE REGARDING ATTORNEY LUTHHOLD'S REQUEST AND RESPONDING THERETO. TELEPHONE CONVERSATION WITH OPPOSING COUNSEL REGARDING EXTENSION OF TIME WITH WHICH TO FILE A RESPONSE. INTEROFFICE CONFERENCES WITH ATTORNEYS, SCOTT WAAGE AND BRUCE ROSEN, AND FIRM DIRECTOR, JUNE WAAGE, REGARDING OUR STRATEGY IN THIS MATTER. LEAVE MESSAGE FOR OPPOSING COUNSEL INFORMING HIM THAT AN EXTENSION WILL NOT BE GRANTED.

HOURS

AMOUNT

0.3

75.00

12/06/06

BSR

0.4

100.00

SDW

0.6 12/08/06 BSR REVIEW AND ANALYSIS OF HARP CROSS COMPLAINT AND IMPACT ON COLLECTIONS CASE. RECEIVE ANSWER TO COMPLAINT AND CROSS-COMPLAINT. INTEROFFICE CONFERENCES WITH ATTORNEY, BRUCE ROSEN, TO DISCUSS DEFENDANT'S ANSWER, DYNASTY TRUSTS AND THEIR USES, AND ALLEGATIONS CONTAINED IN DEFENDANT'S CROSS-COMPLAINT. 0.8 01/17/07 BSR CONFERENCE WITH ATTORNEY STEPHANIE WINSTEAD REGARDING UPCOMING CASE MANAGEMENT CONFERENCE, CALENDAR; CONFERENCE WITH FIRM ADMINISTRATOR JUNE WAAGE REGARDING STATUS AND THE YEE FIRM'S ROLE IN THE MATTER. ATTEND MEETING WITH ATTORNEY, SCOTT WAAGE, TO ADDRESS THE HANDLING OF LITIGATION. 0.1 03/06/07 SDW TELEPHONE CONVERSATION WITH CHERYL AT THE SAN DIEGO SUPERIOR COURT REGARDING WHETHER OR NOT WE HAVE FILED AN OPPOSITION TO HARP'S DEMURRER. INFORM CHERYL THAT STEVEN YEE IS HANDLING ALL

150.00

0.5

125.00

SDW

200.00

0.25

62.50

01/29/07

SDW

25.00

Case 3:08-cv-00919-IEG

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Page 23 of 67

Page

5

January 9, 2008 RICHARD AND KAREN P. HARP HARP-11 NAME OF CASE MATTER: COLLECTIONS

DATE

ATTY

SERVICES RENDERED OF THE MOTIONS ON OUR BEHALF. SEND E-MAIL TO ATTORNEY, SCOTT WAAGE, AND FIRM DIRECTOR, JUNE WAAGE, SUMMARIZING CONVERSATION WITH CHERYL.

HOURS

AMOUNT

0.3 03/09/07 BSR PREPARATION OF CASE MANAGEMENT CONFERENCE QUESTIONNAIRE. RECEIVE AND LISTEN TO VOICE MESSAGE FROM CHERYL AT THE SAN DIEGO SUPERIOR COURT REGARDING THE CHANGED HEARING DATE FROM MARCH 9 TO MARCH 23. DRAFT E-MAIL TO ATTORNEY, SCOTT WAAGE AND FIRM DIRECTOR, JUNE WAAGE, UPDATING THEM ON THE CHANGED HEARING DATE. ATTEMPT TO CONTACT ATTORNEY, STEVEN YEE, TO DISCUSS THE CMC. BRIEF DISCUSSION WITH ATTORNEY, BRUCE ROSEN, REGARDING THE NEED TO PREPARE A CASE MANAGEMENT STATEMENT IN THIS MATTER. 0.4 03/12/07 SDW RECEIVE AND REVIEW CASE MANAGEMENT STATEMENT PREPARED BY ATTORNEY, BRUCE ROSEN. BRIEF TELECONFERENCE WITH CHERYL AT THE SUPERIOR COURT REGARDING FILING THE CASE MANAGEMENT STATEMENT. DRAFT LETTER TO COURT REQUESTING FILING OF THE CASE MANAGEMENT STATEMENT AND RETURN OF A CONFORMED COPY. PREPARE PROOF OF SERVICE AND SERVE CASE MANAGEMENT STATEMENT ON CO-COUNSEL AND OPPOSING COUNSEL VIA FIRST CLASS MAIL. 0.8 03/23/07 BSR ATTEND CASE MANAGEMENT CONFERENCE HEARING; E-MAIL TO SCOTT WAAGE AND STEPHANIE WINSTEAD REGARDING STATUS. TELECONFERENCE WITH CO-COUNSEL, ROBERT HUFNAGEL, REGARDING SCHEDULING THE DEPOSITIONS OF RICHARD AND KAREN HARP. E-MAIL CORRESPONDENCE WITH ATTORNEYS, SCOTT WAAGE AND BRUCE ROSEN REGARDING DEPOSITION QUESTIONS AND PREPARATION OF REQUESTS FOR ADMISSIONS. 0.5 04/05/07 BSR REVIEW AND ANALYSIS REGARDING OUTSTANDING DISCOVERY CLAIM BY OPPOSING SIDE; CONFERENCE WITH STEPHANIE

75.00

0.9

225.00

SDW

100.00

200.00

3.5

875.00

03/26/07

SDW

125.00

Case 3:08-cv-00919-IEG

Document 5-5

Filed 07/02/2008

Page 24 of 67

Page

6

January 9, 2008 RICHARD AND KAREN P. HARP HARP-11 NAME OF CASE MATTER: COLLECTIONS

DATE

ATTY

SERVICES RENDERED WINSTEAD REGARDING STATUS.

HOURS 0.4

AMOUNT 100.00

SDW

RECEIVE AND REVIEW LETTER FROM OPPOSING COUNSEL REGARDING THE LACK OF RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS AND REQUEST FOR ADMISSIONS. MEETING WITH FIRM DIRECTOR, JUNE WAAGE, TO DISCUSS THIS RECENT LETTER AND THE HANDLING OF THE DISCOVERY RESPONSES. TELECONFERENCE WITH CO-COUNSEL, ROBERT HUFNAEGEL, REGARDING DISCOVERY RESPONSES. DRAFT AND SEND LETTERS TO OPPOSING COUNSEL IN RESPONSE TO HIS WHICH WAS RECEIVED EARLIER TODAY VIA FIRST CLASS MAIL AND FACSIMILE (3 PAGES). 2.9 725.00

04/06/07

SDW

RECEIVE AND REVIEW LETTER FROM OPPOSING COUNSEL REGARDING THE LACK OF RESPONSES TO FORM INTERROGATORIES. DRAFT AND SEND REPLY LETTER TO OPPOSING COUNSEL IN RESPONSE TO HIS WHICH WERE RECEIVED EARLIER TODAY VIA FIRST CLASS MAIL AND FACSIMILE (2 PAGES). 0.5 125.00

04/12/07

BSR

REVIEW AND ANALYSIS REGARDING UPCOMING DEPOSITION AND OUTLINE ISSUES FOR POSSIBLE QUESTIONS AT DEPOSITION. OBTAIN AND ORGANIZE FILE TO DETERMINE STATUS OF THE CASE. TELECONFERENCE WITH CO-COUNSEL ROBERT HUFNAGEL REGARDING DISCOVERY RESPONSES RECEIVED BY DEFENDANTS. DRAFT AND SEND LETTER TO OPPOSING COUNSEL RE INCOMPLETE DISCOVERY RESPONSES.

1.1

275.00

SDW

2.4 04/13/07 BSR REVIEW AND ANALYSIS OF RECORDS IN PREPARATION FOR RESPONSES TO DISCOVERY. INTEROFFICE CONFERENCES WITH ATTORNEY, BRUCE ROSEN, REGARDING DISCOVERY REQUESTS THAT NEED TO BE RESPONDED TO. 0.4 04/16/07 BSR PREPARATION OF RESPONSES TO DISCOVERY AND OBJECTIONS REGARDING FORM INTEROGATORIES AND REQUESTS FOR PRODUCTION; CONFERENCE WITH ATTORNEY

600.00

1.3

325.00

SDW

100.00

Case 3:08-cv-00919-IEG

Document 5-5

Filed 07/02/2008

Page 25 of 67

Page

7

January 9, 2008 RICHARD AND KAREN P. HARP HARP-11 NAME OF CASE MATTER: COLLECTIONS

DATE

ATTY

SERVICES RENDERED HUFFNAGLE REGARDING INTEROGATORIES AND OBJECTIONS.

HOURS

AMOUNT

3.1

775.00

SDW

INTEROFFICE CONFERENCE WITH ATTORNEY, BRUCE ROSEN, REGARDING THE STATUS OF DISCOVERY RESPONSES AND INTEROFFICE CONFERENCES WITH ATTORNEY, SCOTT WAAGE AND FIRM DIRECTOR, JUNE WAAGE, REGARDING THE NEED TO RESCHEDULE MR. WAAGE'S DEPOSITION DUE TO HIM BEING IN BOSTON ON THE DAYS IT IS CURRENTLY SCHEDULED FOR. 0.6 150.00

04/17/07

BSR

PREPARATION OF DISCOVERY RESPONSES AND LEGAL RESEARCH REGARDING APPROPRIATE OBJECTIONS; E-MAILS TO ROBERT HUFFNAGLE REGARDING LETTER IN RESPONSE TO DISCOVERY. PREPARATION OF RESPONSE TO BILL OF PARTICULARS AND LEGAL RESEARCH REGARDING BILL OF PARTICULARS AND FORM INTEROGATORIES. INTEROFFICE CONFERENCE WITH ATTORNEY, BRUCE ROSEN, REGARDING THE STATUS OF DISCOVERY RESPONSES AND INTEROFFICE CONFERENCES WITH ATTORNEY, SCOTT WAAGE AND FIRM DIRECTOR, JUNE WAAGE, REGARDING THE NEED TO RESCHEDULE MR. WAAGE'S DEPOSITION DUE TO HIM BEING IN BOSTON ON THE DAYS IT IS CURRENTLY SCHEDULED FOR. DRAFT AND SEND E-MAIL TO CO-COUNSEL, ROBERT HUFNAGEL, REGARDING THE NEED TO RESCHEDULE THE DEPOSITIONS OF SCOTT WAAGE AND THE WAAGE LAW FIRM'S PERSON MOST KNOWLEDGEABLE. ADDITIONALLY PROVIDE MR. HUFNAGEL WITH DATES MR. WAAGE IS AVAILABLE TO BE DEPOSED AND THE NEED TO CONSOLIDATE THE DEPOSITIONS DUE TO MR. WAAGE BEING THE LAW FIRM'S PERSONAL MOST KNOWLEDGEABLE. RECEIVE AND REVIEW LETTER FROM OPPOSING COUNSEL VIA FACSIMILE (1 PAGE) INFORMING ALL PARTIES THAT MR. AND MRS' HARP'S DEPOSITIONS WILL NEED TO BE RESCHEDULED FOR APRIL 18TH. RECEIVE AND REVIEW LETTER FROM CO-COUNSEL VIA FACSIMILE (3 PAGES) INFORMING OPPOSING

3.4

850.00

BSR

3.0

750.00

SDW

Case 3:08-cv-00919-IEG

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Page 26 of 67

Page

8

January 9, 2008 RICHARD AND KAREN P. HARP HARP-11 NAME OF CASE MATTER: COLLECTIONS

DATE

ATTY

SERVICES RENDERED COUNSEL THAT DISCOVERY WAS IMPROPERLY SERVED. DRAFT AND SEND LETTER TO OPPOSING COUNSEL VIA FACSIMILE (3 PAGES) AND FIRST CLASS MAIL, INFORMING HIM THAT DISCOVERY RESPONSES WILL BE FORTHCOMING. RECEIVE AND REVIEW LETTER FROM ROBERT HUFNAGEL TO RICHARD LEUTHOLD VIA E-MAIL REGARDING THE NEED TO RESCHEDULE THE DEPOSITIONS OF MR. AND MRS. HARP.

HOURS

AMOUNT

1.4 04/18/07 BSR REVIEW AND ANALYSIS OF RECORDS IN PREPARATION FOR DISCOVERY RESPONSES. CONTINUED REVIEW AND ANALYSIS OF RECORDS IN PREPARATION FOR DISCOVERY RESPONSES. INTEROFFICE CONFERENCE WITH ATTORNEY, BRUCE ROSEN, REGARDING WHETHER OR NOT A BILL OF PARTICULARS NEEDS TO BE PREPARED IN RESPONSE TO DEFENDANT'S REQUEST FOR SAME. INFORM MR. ROSEN THAT THE REQUEST FOR BILL OF PARTICULARS WAS ONLY SENT TO THIS OFFICE VIA FACSIMILE AND THAT WE HAVE NEVER AGREED TO ACCEPT SERVICE OF PLEADING BY FACSIMILE. THEREFORE, UNTIL THIS OFFICE RECEIVES A MAILED COPY OF THE REQUEST FOR BILL OF PARTICULARS, WE NEED NOT RESPOND TO THIS REQUEST. 0.4 04/20/07 BSR REVIEW RECORDS IN REFERENCE TO DISCOVERY RESPONSES. RECEIVE AND REVIEW INTERROGATORY RESPONSES PREPARED BY ATTORNEY, BRUCE ROSEN. PRINT AND SIGN SIGNATURE PAGES AND RETURN THEM TO MR. ROSEN VIA FACSIMILE (4 PAGES). 0.6 04/27/07 BSR CONTINUED PREPARATION OF DISCOVERY RESPONSES. E-MAIL CORRESPONDENCE WITH ATTORNEY, ROBERT HUFNAGEL, REGARDING MR. WAAGE'S UNAVAILABILITY FOR DEPOSITION ON MAY 1ST AND 2ND. INFORM MR. HUFNAGEL OF

350.00

5.0

1,250.00

04/19/07

BSR

5.2

1,300.00

SDW

100.00

2.2

550.00

SDW

150.00

1.4

350.00

04/30/07

SDW

Case 3:08-cv-00919-IEG

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Filed 07/02/2008

Page 27 of 67

Page

9

January 9, 2008 RICHARD AND KAREN P. HARP HARP-11 NAME OF CASE MATTER: COLLECTIONS

DATE

ATTY

SERVICES RENDERED MR. WAAGE'S AVAILABLE DATES FOR DEPOSITION AND INFORM HIM THAT MR. WAAGE'S SCHEDULE GETS BOOKED QUICKLY.

HOURS

AMOUNT

0.3 05/02/07 SDW RECEIVE AND REVIEW E-MAIL FROM CO-COUNSEL, ROBERT HUFNAGEL, REGARDING OUR RESPONSE TO DEFENDANT AND CROSS-COMPLAINANT, RICHARD HARP'S, REQUEST FOR A BILL OF PARTICULARS. INTEROFFICE CONFERENCE WITH ATTORNEY, BRUCE ROSEN, REGARDING THE REQUEST FOR BILL OF PARTICULARS BEING SENT TO US BY FACSIMILE ONLY AND THAT I HAD INFORMED OPPOSING COUNSEL IN WRITING THAT WE WOULD NOT ACCEPT SERVICE OF DOCUMENTS BY FACSIMILE. RELAY THIS INFORMATION TO MR. HUFNAGEL VIA A REPLY E-MAIL EXPLAINING THAT BASED UPON THESE FACTS WE DECIDED NOT TO REPLY TO THE REQUEST FOR A BILL OF PARTICULARS. 0.4 05/08/07 BSR FINALIZE DISCOVERY RESPONSES; E-MAIL TO SCOTT WAAGE REGARDING POTENTIALLY DROPPING MATTER TO LIMITED JURISDICTION CASE. RESEARCH REGARDING DEFENSES ASSERTED BY HARP. RECEIVE AND REVIEW 5 PAGE FACSIMILE FROM OPPOSING COUNSEL CONTAINING LETTER AND SETTLEMENT OFFER MADE PURSUANT TO CCP SECTION 998. PROVIDE THIS DOCUMENT TO ATTORNEY, BRUCE ROSEN FOR HIS INFORMATION. 0.2 05/09/07 BSR CONFERENCE WITH FIRM ADMINISTRATOR JUNE WAAGE REGARDING STATUS; E-MAIL TO ROBERT HUFFNAGLE REGARDING BILL OF PARTICULARS AND DISCOVERY STATUS; FINAL REVIEW OF DISCOVERY BEFORE SENDING OUT. REVIEW E-MAIL FROM ATTORNEY HUFFNAGLE REGARDING DISCOVERY AND RESPOND; REVIEW DISCOVERY RESPONSES AND OBJECTIONS BY HUFFNAGLE. PREPARATION OF PROOF OF SERVICE.

75.00

100.00

1.3

325.00

BSR

1.0

250.00

SDW

50.00

1.3

325.00

05/11/07

BSR

0.5 0.2

125.00 50.00

BSR

Case 3:08-cv-00919-IEG

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Filed 07/02/2008

Page 28 of 67

Page

10

January 9, 2008 RICHARD AND KAREN P. HARP HARP-11 NAME OF CASE MATTER: COLLECTIONS

DATE 05/14/07

ATTY AP

SERVICES RENDERED PREPARED AND MAILED CORRESPONDENCE TO ATTORNEY RICHARD LEUTHOLD ENCLOSING THE WAAGE LAW FIRM'S RESPONSE TO REQUEST FOR PRODUCTION SET ONE AND THE WAAGE LAW FIRM'S RESPONSE TO FORM INTERROGATORIES SET ONE. REVIEW CORRESPONDENCE FROM LUTHHOLD REGARDING DISCOVERY RESPONSES; E-MAIL TO ATTORNEY HUFFNAGLE REGARDING DISCOVERY RESPONSES; CONFERENCE WITH STEPHANIE WINSTEAD REGARDING COURSE OF ACTION TO PURSUE. RECEIVE AND REVIEW 2 PAGE FACSIMILE FROM OPPOSING COUNSEL, RICHARD LEUTHOLD, REGARDING THE FAILURE TO RESPOND TO FORM INTERROGATORIES WITHOUT OBJECTIONS. RECEIVE AND REVIEW 1 PAGE FACSIMILE FROM OPPOSING COUNSEL, RICHARD LEUTHOLD, REGARDING THE FAILURE TO RESPOND TO A DEMAND FOR BILL OF PARTICULARS. RECEIVE AND REVIEW 1 PAGE FACSIMILE FROM OPPOSING COUNSEL, RICHARD LEUTHOLD, REGARDING THE FAILURE TO RESPOND TO REQUEST FOR PRODUCTION OF DOCUMENTS WITHOUT OBJECTIONS. RECEIVE AND REVIEW 7 PAGE FACSIMILE FROM OPPOSING COUNSEL, RICHARD LEUTHOLD, CONTAINING THE EX PARTE APPLICATION FOR ORDER CONTINUING THE TRIAL DATE. RECEIVE AND REVIEW 4 PAGE FACSIMILE FROM CO-COUNSEL, ROBERT HUFNAGEL, REGARDING THE HEARING ON THE EX PARTE APPLICATION SCHEDULED FOR MAY 24, 2007. BEGIN DRAFTING REPLY LETTER TO MR. LEUTHOLD INFORMING HIM THAT THE DEMAND FOR BILL OF PARTICULARS WAS IMPROPERLY SERVED AND THAT IT WILL NOT BE RESPONDED TO UNTIL IT IS PROPERLY SERVED. PROVIDE LETTER TO ATTORNEY, BRUCE ROSEN FOR HIS REVIEW AND COMMENT. TELECONFERENCE AND E-MAIL CORRESPONDENCE WITH MR. HUFNAGEL REGARDING THE NEED TO OBTAIN VERIFICATIONS TO INCLUDE WITH THE RESPONSES TO FORM INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS.

HOURS

AMOUNT

0.5

25.00

05/22/07

BSR

0.7

175.00

SDW

1.0

250.00

Case 3:08-cv-00919-IEG

Document 5-5

Filed 07/02/2008

Page 29 of 67

Page

11

January 9, 2008 RICHARD AND KAREN P. HARP HARP-11 NAME OF CASE MATTER: COLLECTIONS

DATE 05/23/07

ATTY BSR

SERVICES RENDERED REVIEW LETTERS REGARDING VARIOUS DISCOVERY ISSUES; CONFERENCE WITH ATTORNEY STEPHANIE WINSTEAD AND ATTORNEY SCOTT WAAGE REGARDING STATUS. RECEIVE AND ORGANIZE LITIGATION FILE, INCLUDING UPDATING PLEADINGS, CORRESPONDENCE, AND DETERMINING WHAT DISCOVERY MUST STILL BE PERFORMED AND WHAT DISCOVERY RESPONSES ARE STILL OUTSTANDING. FINALIZE LETTER TO MR. LEUTHOLD REGARDING DEMAND FOR BILL OF PARTICULARS AND SEND LETTER AND PROOF OF SERVICE TO THE DEMAND FOR BILL OF PARTICULARS INDICATING SERVICE BY FACSIMILE ONLY TO MR. LEUTHOLD VIA FIRST CLASS MAIL AND FACSIMILE (3 PAGES).

HOURS

AMOUNT

0.8

200.00

SDW

2.6 05/24/07 BSR ATTEND EX PARTE APPEARANCE REGARDING HARP APPLICATION TO CONTINUE TRIAL AND TRAVEL TIME. INTEROFFICE CONFERENCE WITH ATTORNEY, BRUCE ROSEN, CONCERNING THIS MORNING'S EX PARTE HEARING ON THE TRIAL CONTINUANCE. 0.3 05/25/07 SDW RECEIVE AND REVIEW E-MAIL FROM ATTORNEY, BRUCE ROSEN, REGARDING THE TRIAL CONTINUANCE AND UPDATED DISCOVERY DATES. 0.25 05/30/07 BSR LEGAL RESEARCH REGARDING DISCOVER RESPONSES AND ISSUES IDENTIFIED BY LUTHHOLD IN INTEROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS; RESPONSIVE LETTERS TO ATTORNEY LUTHHOLD CONCERNING RESPONSES. PREPARATION OF RESPONSE TO DEMAND FOR BILL OF PARTICULARS. PREPARATION OF BILL OF PARTICULARS RESPONSE AND PROOF OF SERVICE; REVIEW INVOICES REFERENCED; CONFERENCE WITH BUSINESS MANAGER MICHAEL DUELL REGARDING ITEMS NOTED.

650.00

1.6

400.00

SDW

75.00

62.50

1.5

375.00

06/11/07

BSR

0.6

150.00

06/12/07

BSR

1.2

300.00

Case 3:08-cv-00919-IEG

Document 5-5

Filed 07/02/2008

Page 30 of 67

Page

12

January 9, 2008 RICHARD AND KAREN P. HARP HARP-11 NAME OF CASE MATTER: COLLECTIONS

DATE 06/13/07

ATTY BSR

SERVICES RENDERED RESEARCH REGARDING EXPERT WITNESS DESIGNATION AND BEGIN PREPARATION OF DESIGNATION. REVIEW LAW REGARDING EXPERT WITNESS DESIGNATION; REVIEW RICHARD HARP'S EXPERT WITNESS DESIGNATION REGARDING COMPLIANCE; TELEPHONE CONFERENCE WITH ROBER HUFNAGLE REGARDING EXPERT WITNESS DESIGNATION; CONTINUED PREPARATION OF EXPERT WITNESS DESIGNATION; E-MAIL TO ATTORNEY SCOTT WAAGE REGARDING EXPERT WITNESS DESIGNATION STATUS. FINALIZE EXPERT WITNESS DESIGNATION AND PROOF OF SERVICE. INTEROFFICE CONFERENCE WITH ATTORNEY, BRUCE ROSEN, REGARDING PREPARATION OF THE DESIGNATION OF EXPERT WITNESS. REVIEW AND SIGN THE DESIGNATION OF EXPERT WITNESS PREPARED BY MR. ROSEN.

HOURS

AMOUNT

1.8

450.00

06/14/07

BSR

2.1

525.00

06/15/07

BSR

0.4

100.00

SDW

0.3 06/18/07 SDW RECEIVE AND REVIEW THE DESIGNATION OF EXPERT WITNESS SERVED BY THE YEE FIRM. RESEARCH REGARDING FOUNDATION RULES REGARDING PROVING UP OUTSTANDING INVOICES; EMAIL TO ROBERT HUFNAGLE REGARDING HARP DEPOSITION STATUS. REVIEW, RESEARCH AND ANALYSIS REGARDING FOUNDATIONAL AND EVIDENTIARY RULES REGARDING PROVING ELEMENTS OF CASE WITHOUT THE PROFESSIONALS TESTIFYING WHO WERE LISTED IN BILLING STATEMENTS; BUSINESS RECORDS EXCEPTION TO THE HEARSAY RULE SHOULD BE AVAILABLE PROVIDED ATTORNEY SCOTT WAAGE TESTIFIES AS PERSON KNOWLEDGABLE CONCERNING METHOD OF PREPARATION OF BUSINESS RECORDS AND PERSONAL KNOWLEDGE CONCERNING ITEMS BILLED. RESEARCH CLIENTS TITLE ON PERSONAL RESIDENCE, DISCOVERD CLIENT REFINANCED HOME FOR ENTIRE EQUITY IN HOME. E-MAIL CORRESPONDENCE WITH ATTORNEY,

75.00

0.2

50.00

07/20/07

BSR

0.9

225.00

07/25/07

BSR

2.2

550.00

08/01/07

JKW

2.0

200.00

SDW

Case 3:08-cv-00919-IEG

Document 5-5

Filed 07/02/2008

Page 31 of 67

Page

13

January 9, 2008 RICHARD AND KAREN P. HARP HARP-11 NAME OF CASE MATTER: COLLECTIONS

DATE

ATTY

SERVICES RENDERED BRUCE ROSEN, REGARDING THE NEED TO SERVE OUR EXPERT WITNESS DESIGNATION ON OPPOSING COUNSEL TODAY. REVIEW, SIGN AND RETURN EXPERT WITNESS DESIGNATION TO MR. ROSEN VIA FACSIMILE.

HOURS

AMOUNT

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

100.00

0.4

100.00

SDW

125.00

50.00

1.8

450.00

SDW

25.00

125.00

Case 3:08-cv-00919-IEG

Document 5-5

Filed 07/02/2008

Page 32 of 67

Page

14

January 9, 2008 RICHARD AND KAREN P. HARP HARP-11 NAME OF CASE MATTER: COLLECTIONS

DATE

ATTY

SERVICES RENDERED ROBERT A. HUFNAGEL, REGARDING THE NEED TO DETERMINE A DATE FOR THE MEDIATION IN THIS MATTER AND THE NEED TO DISCUSS ATTORNEY, SCOTT WAAGE'S TESTIMONY PRIOR TO HIS DEPOSITION ON SEPTEMBER 4TH.

HOURS

AMOUNT

0.2 09/04/07 SDW PURSUANT TO DISCUSSION WITH ATTORNEY BRUCE ROSEN REGARDING THE FIRST AMENDED NOTICE OF EXPERT DESIGNATION, DRAFT AND SEND E-MAIL TO CO-COUNSEL, ROBERT HUFNAGEL, REGARDING THE LETTER WE HAVE RECEIVED FROM RICHARD LEUTHOLD AND THE 1ST AMENDED DESIGNATION OF EXPERT WITNESS IN THIS MATTER. INQUIRE WHETHER OR NOT WE SHOULD OBJECT TO THE NOTICE BASED UPON THE FACT THAT IT IS MISSING THE CURRICULUM VITAE AND SEEK TO DETERMINE WHAT KIND OF CONFLICTS OPPOSING COUNSEL IS REFERRING TO SUPPOSEDLY JUSTIFY THE CHANGED EXPERT. 0.25 09/05/07 SDW RECEIVE AND REVIEW REPLY E-MAIL FROM CO-COUNSEL, ROBERT HUFNAGEL, REGARDING THE LETTER WE HAVE RECEIVED FROM RICHARD LEUTHOLD AND THE 1ST AMENDED DESIGNATION OF EXPERT WITNESS IN THIS MATTER. 0.1 09/06/07 BSR CONFERENCE WITH STEPHANIE REGARDING LITIGATION AND EXPERT WITNESS DESIGNATION; CONFERENCE WITH ROBERT HUFNAGLE REGARDING SAME; REVIEW RUTTER GUIDE ON EXPERT WITNESS DESIGNATION; REVIEW DRAFT LETTER TO LUTHHOLD ON POINT. DRAFT LETTER TO OPPOSING COUNSEL RICHARD LEUTHOLD REGARDING THE 1ST AMENDED DESIGNATION OF EXPERT WITNESS IN THIS MATTER AND REVIEW THIS LETTER WITH ATTORNEY, BRUCE ROSEN. INTEROFFICE CONFERENCE WITH MR. ROSEN AND TELECONFERENCE WITH MR. ROSEN AND CO-COUNSEL, ROBERT HUFNAGEL, REGARDING DEPOSING BOTH EXPERTS, OBTAINING THE FILES OF BOTH EXPERTS, AND OBTAINING A GOOD REASON JUSTIFYING THE DE-DESIGNATION AND FIRST AMENDED

50.00

62.50

25.00

0.9

225.00

SDW

Case 3:08-cv-00919-IEG

Document 5-5

Filed 07/02/2008

Page 33 of 67

Page

15

January 9, 2008 RICHARD AND KAREN P. HARP HARP-11 NAME OF CASE MATTER: COLLECTIONS

DATE

ATTY

SERVICES RENDERED DESIGNATION OF EXPERTS. FORWARD DRAFT VERSION OF THE LETTER TO MR. HUFNAGEL FOR HIS REVIEW AND COMMENT.

HOURS

AMOUNT

2.25 09/10/07 SDW FINALIZE LETTER IN RESPONSE TO OPPOSING COUNSEL RICHARD LEUTHOLD'S FIRST AMENDED DESIGNATION OF EXPERT WITNESS AND SEND IT TO MR. LEUTHOLD VIA FIRST CLASS MAIL AND FACSIMILE (2 PAGES). 0.4 09/17/07 SDW RECEIVE AND REVIEW E-MAIL FROM CO-COUNSEL, ROBERT HUFNAGEL, REQUESTING THE CERTAIN INVOICES BE PROVIDED TO THEIR EXPERT. FORWARD THIS E-MAIL TO BUSINESS MANAGER, MICHAEL DUELL, REQUESTING THAT HE OBTAIN THE INFORMATION REQUESTED BY ATTORNEY HUFNAGEL. ADDITIONALLY REVIEW THE NOTICES OF TAKING THE DEPOSITIONS OF HARP'S EXPERT WITNESSES, MESSERS HURWITZ AND BRENNAN, BY THE WAAGE LAW FIRM APC. 0.4 09/18/07 SDW DRAFT AND SEND AN E-MAIL TO ATTORNEY'S SCOTT WAAGE AND BRUCE ROSEN INFORMING THEM THAT YESTERDAY WE RECEIVED THE NOTICES OF TAKING THE DEPOSITIONS OF HARP'S EXPERT WITNESSES, MESSERS HURWITZ AND BRENNAN, BY THE WAAGE LAW FIRM APC AND SUMMARIZE THE DOCUMENTS SOUGHT BY THIS NOTICE. 0.3 09/20/07 BSR REVIEW VARIOUS BILLINGS AND MARK FOR PRODUCTION TO EXPERT AS REQUESTED; CONFERENCE WITH BUSINESS MANAGER MIKE DUELL REGARDING ITEMS NOTED. RESEARCH, REVIEW AND ANALYSIS REGARDING ATTACHMENT AND NOTE ISSUES FOR UPCOMING ATTACHMENT APPLICATION. RECEIVE AND REVIEW THE NOTICES OF THE DEPOSITIONS OF DAVID GRANT, SCOTT WAAGE, AND DAVID LEE RICE. DRAFT AND SEND AN E-MAIL TO ATTORNEYS SCOTT WAAGE AND BRUCE ROSEN, AND FIRM DIRECTOR, JUNE WAAGE INFORMING THEM OF THE NOTICED DEPOSITIONS AND THE DATES AND TIMES THE DEPOSITIONS HAVE BEEN NOTICED

562.50

100.00

100.00

75.00

2.5

625.00

09/21/07

BSR

2.4

600.00

09/24/07

SDW

Case 3:08-cv-00919-IEG

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Filed 07/02/2008

Page 34 of 67

Page

16

January 9, 2008 RICHARD AND KAREN P. HARP HARP-11 NAME OF CASE MATTER: COLLECTIONS

DATE

ATTY

SERVICES RENDERED FOR.

HOURS

AMOUNT

0.3 09/26/07 BSR REVIEW INVOICES/SPREADSHEET REGARDING PARTICULAR ITEMS REQUESTED BY EXPERT WITNESS; REVIEW ITEMS PREVIOUSLY PROVIDED; CALL TO EXPERT TO DISCUSS WHAT ITEMS ARE NEEDED/REQUESTED. INTEROFFICE CONFERECE WITH FIRM DIRECTOR, JUNE WAAGE, REGARDING DEFENDANTS' NOTICES OF TAKING THE DEPOSITIONS OF ATTORNEYS DAVID GRANT AND SCOTT WAAGE ON OCTOBER 12, 2007 AND EXPERT WITNESS, DAVID LEE RICE ON OCTOBER 24, 2007. REVIEW LITIGATION FILE TO DETERMINE WHEN THE DEPOSITIONS OF RICHARD HARP AND KAREN HARP WERE NOTICED. PURSUANT TO INSTRUCTIONS BY MS. WAAGE, DRAFT AND SEND AN E-MAIL TO CO-COUNSEL, ROBERT HUFNAGEL, REQUESTING THAT HE ADVISE OPPOSING COUNSEL, RICHARD LEUTHOLD, THAT MESSRS GRANT AND WAAGE ARE NOT AMENABLE TO BEING DEPOSED ON OCTOBER 12TH, OR ANY DATE PRIOR TO THE DEPOSITIONS OF RICHARD AND KAREN HARP, PARTICULARLY IN LIGHT OF THE FACT THAT THEIR DEPOSITIONS WERE NOTICED ON MARCH 29, 2007. ALSO, REQUEST MR. HUFNAGEL TO PREPARE A MOTION COMPELLING THE DEPOSITIONS OF RICHARD AND KAREN HARP. RECEIVE AND REVIEW LETTER FROM CO-COUNSEL, ROBERT HUFNAGEL, REGARDING DEFENDANTS' OBJECTIONS TO THE DEPOSITIONS OF DEFENDANTS AND CROSS-COMPLAINANTS' EXPERT WITNESSES SET FOR OCTOBER 8, 2007 AND THE NEED TO OBTAIN ALTERNATIVE DATES FOR THESE DEPOSITIONS. E-MAIL CORRESPONDENCE WITH BUSINESS MANAGER, MICHAEL DUELL, INQUIRING INTO THE STATUS OF OBTAINING THE INVOICES REQUESTED BY ROBERT A. HUFNAGEL ON SEPTEMBER 14, 2007 ON BEHALF OF THEIR EXPERT WITNESS. TELEPHONE CONFERENCE WITH EXPERT WITNESS DAVID RICE REGARDING INVOICES REQUESTED, DEADLINES, DISCOVERY DATES, RESPONSE TO BILL OF PARTICULARS.

75.00

1.4

350.00

SDW

1.25

312.50

10/01/07

BSR

0.6

150.00

Case 3:08-cv-00919-IEG

Document 5-5

Filed 07/02/2008

Page 35 of 67

Page

17

January 9, 2008 RICHARD AND KAREN P. HARP HARP-11 NAME OF CASE MATTER: COLLECTIONS

DATE

ATTY SDW

SERVICES RENDERED RECEIVED AND REVIEWED E-MAIL FROM ROBERT HUFNAGEL DATED 9/28/07 WHEREIN HE STATES THAT HE WILL PROBABLY NEED TO REQUEST A CONTINUANCE IN THE HARP MATTER SINCE THE HARPS ARE APPARENTLY UNAVAILABLE FOR DEPOSITION DUE TO RICHARD HARP'S MEDICAL CONDITION. TELECONFERENCE WITH SHERYL IN DEPARTMENT 67 REGARDING THE LACK OF PAPERS BEING FILED IN REGARD TO THE MOTION FOR SUMMARY JUDGMENT THAT WAS ON CALENDAR FOR OCTOBER 5TH. TELECONFERENCE WITH SHERYL, CALENDAR CLERK FOR DEPARTMENT 67, REGARDING THE UPCOMING MOTION FOR SUMMARY JUDGMENT AND THE ABSENCE OF FILED PAPERS. REQUEST THAT SHE CONTACT MR. HUFNAGEL FOR FURTHER DETAILS. RECEIVED AND REVIEWED E-MAIL FROM FIRM DIRECTOR, JUNE WAAGE, STATING THAT WE WILL NOT AGREE TO A TRIAL CONTINUANCE IN THIS MATTER.

HOURS

AMOUNT

0.5

125.00

10/02/07

SDW

0.1 10/03/07 BSR REVIEW AND ANALYSIS REGARDING UPCOMING DISCOVERY ISSUES; CONFERENCE WITH FIRM ADMINISTRATOR JUNE WAAGE AND ATTORNEY STEPHANIE WINSTEAD REGARDING STATUS. REVIEW EMAILS FROM ATTORNEY STEPHANIE WINSTEAD AND ROBERT HUFFNAGLE REGARDING DISCOVERY AND RESPOND. LENGTHY TELECONFERENCES WITH CO-COUNSEL, ROBERT HUFNAGEL, REGARDING THE NEED TO TAKE THE DEPOSITIONS OF RICHARD HARP AND KAREN HARP NEXT WEEK MONDAY AND THE NEED TO SCHEDULE THE DEPOSITIONS OF ATTORNEYS SCOTT WAAGE AND DAVID GRANT TO TAKE PLACE SHORTLY THEREAFTER. ADDITIONALLY INFORM MR. HUFNAGEL THAT WE WILL NOT AGREE TO A CONTINUANCE OF THE TRIAL DATE IN THIS MATTER. DISCUSS WITH MR. HUFNAGEL WHETHER OR NOT ALL OF THE WORK PERFORMED FOR MR. HARP HAS BEEN PRODUCED AND SPECIFICALLY DISCUSS WHETHER OR NOT A DYNASTY TRUST WAS PRODUCED. E-MAIL CORRESPONDENCE WITH ATTORNEY, BRUCE

25.00

0.8

200.00

10/04/07

BSR

0.4

100.00

SDW

Case 3:08-cv-00919-IEG

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Filed 07/02/2008

Page 36 of 67

Page

18

January 9, 2008 RICHARD AND KAREN P. HARP HARP-11 NAME OF CASE MATTER: COLLECTIONS

DATE

ATTY

SERVICES RENDERED ROSEN REGARDING THE DOCUMENTS THAT HAVE BEEN PRODUCED AND THE NEED TO VERIFY WHETHER OR NOT THE TRUST IN QUESTION HAS BEEN PRODUCED. RECEIVE AND REVIEW LETTERS FROM MR. HUFNAGEL ADDRESSED TO ATTORNEY, SCOTT WAAGE, REITERATING THE TOPICS DISCUSSED DURING OUR EARLIER TELEPHONE CONVERSATION. RECEIVE AND REVIEW LETTERS FROM MR. HUFNAGEL ADDRESSED TO ATTORNEY, RICHARD LEUTHOLD, CONFIRMING THE DEPOSITION OF DEFENDANTS' EXPERT, STUART HURWITZ SET FOR OCTOBER 8, 2007 AND INFORMING HIM THAT THE DEPOSITIONS OF MR. WAAGE AND MR. GRANT WILL ONLY TAKE PLACE AFTER THE DEPOSITIONS OF MR. HURWITZ, MR. HARP AND MRS. HARP HAVE CONCLUDED. E-MAIL CORRESPONDENCE WITH MR. WAAGE REGARDING MR. HUFNAGEL'S REQUEST FOR TRIAL CONTINUANCE.

HOURS

AMOUNT

2.8

700.00

10/05/07

SDW

TELECONFERENCE WITH KARIN KHAZEN AT YEE AND BELILOVE REGARDING TAKING THE DEPOSITIONS OF THE HARPS ON MONDAY, OCTOBER 8TH AT RICHARD LEUTHOLD'S OFFICE. DRAFT AND SEND AN E-MAIL TO ATTORNEY SCOTT WAAGE SUMMARIZING MY CONVERSATION WITH MS. KHAZEN, INFORMING HIM THAT RICHARD HARP'S DEPOSITION WILL TAKE PLACE AT 10:00 AM AND KAREN'S DEPOSITION WILL TAKE PLACE AT 3:00 PM, AND INQUIRING WHETHER OR NOT THE WAAGE LAW FIRM WILL NEED TO BE REPRESENTED AT THE DEPOSITIONS. DEPOSITION OF RICK HARP; POST-DEPOSITION CONFERENCE WITH ROBERT HUFNAGLE REGARDING HARP'S RESPONSES TO VARIOUS QUESTIONS. CONFERENCE WITH FIRM ADMINISTRATOR JUNE WAAGE AND ATTORNEY STEPHANIE WINSTEAD REGARDING DEPOSITIONS OF THE HARPS. INTEROFFICE CONFERENCE WITH ATTORNEY, BRUCE ROSEN, TO DISCUSS MR. HARP'S DEPOSITION TESTIMONY YESTERDAY.

0.3

75.00

10/08/07

BSR

8.5

2,125.00

10/09/07

BSR

1.1

275.00

SDW

0.4 10/10/07 BSR DEPOSITIONS OF RICK AND KAREN HARP. 6.5

100.00 1,625.00

Case 3:08-cv-00919-IEG

Document 5-5

Filed 07/02/2008

Page 37 of 67

Page

19

January 9, 2008 RICHARD AND KAREN P. HARP HARP-11 NAME OF CASE MATTER: COLLECTIONS

DATE

ATTY SDW

SERVICES RENDERED INTEROFFICE CONFERENCE WITH ATTORNEY, SCOTT WAAGE, TO DISCUSS THE BACKGROUND AND DEVELOPMENT OF THIS CASE. ADDITIONALLY DISCUSS THAT DUE IN PART TO HIS AND ATTORNEY, DAVID GRANT'S SCHEDULES THEIR DEPOSITIONS WILL NOT BE ABLE TO TAKE PLACE PRIOR TO THE TRIAL DATE, THEREFORE WE WILL NEED TO REQUEST A CONTINUANCE OF THE TRIAL DATE IN THIS MATTER. PURSUANT TO MR. WAAGE'S INSTRUCTIONS, DRAFT AND SEND AN E-MAIL TO CO-COUNSEL, ROBERT HUFNAGEL, INFORMING HIM THAT DUE TO PRESCHEDULED YEAR END TAX PLANNING MEETINGS AND CONDUCTING SEMINARS IN OUR SAN DIEGO, IRVINE AND SEATTLE OFFICES MR. WAAGE'S AND MR. GRANT'S SCHEDULES WILL NOT ACCOMMODATE DEPOSITIONS PRIOR TO THE NOVEMBER 9TH TRIAL DATE AND WE ARE THEREFORE AGREEABLE TO A CONTINUANCE OF THE TRIAL DATE IN THIS MATTER UNTIL EARLY 2008.

HOURS

AMOUNT

0.75 10/11/07 SDW TELECONFERENCE WITH CO-COUNSEL, ROBERT HUFNAGEL, REGARDING THE NEED TO REQUEST A CONTINUANCE OF THE TRIAL DATE AND PREPARATION OF A DECLARATION OF SCOTT WAAGE IN SUPPORT OF CONTINUING THE TRIAL DATE. 3.5 10/15/07 BSR CONFERENCE WITH ATTORNEY STEPHANIE WINSTEAD TO DISCUSS RECENT DEPOSITION AND VARIOUS POINTS IN TESTIMONY IN CASE POSTURE. RECEIVE AND REVIEW E-MAIL DATED 10/11/07 FROM KARIN KHAZEN AT YEE & BELILOVE AND ATTACHED LETTER FROM CO-COUNSEL, ROBERT HUFNAGEL, REGARDING ADDITIONAL DOCUMENTS PRODUCED. INTEROFFICE CONFERENCE WITH ATTORNEY, BRUCE ROSEN, TO DISCUSS THE DEPOSITIONS OF RICHARD AND KAREN HARP THAT CONCLUDED LAST WEEK AND HIS OPINION OF THE HARP'S AS WITNESSES. RECEIVE AND REVIEW E-MAIL FROM CO-COUNSEL, ROBERT HUFNAGEL, DATED 10/12/07 REGARDING THE NEED TO OBTAIN AN EXECUTED DECLARATION OF SCOTT WAAGE IN SUPPORT OF EX PARTE

187.50

875.00

0.5

125.00

SDW

Case 3:08-cv-00919-IEG

Document 5-5

Filed 07/02/2008

Page 38 of 67

Page

20

January 9, 2008 RICHARD AND KAREN P. HARP HARP-11 NAME OF CASE MATTER: COLLECTIONS

DATE

ATTY

SERVICES RENDERED MOTION TO CONTINUE TRIAL DATE AND ATTACHING A DRAFT DECLARATION FOR MR. WAAGE. RECEIVE AND REVIEW E-MAIL FROM KARIN KHAZEN AT YEE & BELILOVE AND ATTACHED LETTER FROM CO-COUNSEL, ROBERT HUFNAGEL, REGARDING PROCEEDING WITH PREPARATION OF AN EX PARTE APPLICATION TO CONTINUE THE TRIAL AND INFORMING US THAT IN THE EVENT THAT THEIR EX PARTE APPLICATION IS DENIED, MR. WAAGE WILL NEED TO BE IMMEDIATELY AVAILABLE FOR DEPOSITION.

HOURS

AMOUNT

1.1 10/16/07 BSR REVIEW ATTACHMENT LAW AND OUTLINE ISSUES FOR MEMORANDUM TO SCOTT WAAGE REGARDING WRIT. TELECONFERENCE WITH CHERYL, JUDGE COWETT'S CALENDAR CLERK REGARDING THE NEED TO MOVE THE HEARING ON THE EX PARTE APPLICATION CONTINUING TRIAL DATE TO EITHER NEXT TUESDAY OR WEDNESDAY. TELECONFERENCE WITH CO-COUNSEL, ROBERT HUFNAGEL, INFORMING HIM OF SAME AND DISCUSSING THE NEED TO OBTAIN ATTORNEYS SCOTT WAAGE AND DAVID G