Free Affidavit - District Court of Connecticut - Connecticut

ase 3:03-cv—00918-JBA Document 16 Filed 11/19/2004 Page 1 of 3
UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT (Bridgeport)
DIRECTV, Inc. ) Case No.: 3:03-cv-00918-JBA
Plaintiff, 3 AFFIDAVIT OF PLAINTIFF'S COUNSEL
) ATTORNEY JOHN M. lV[cLAUGHLIN
vs. )
)
Thomas Neznek )
Defendant g

Now comes the Affiant, and makes this his sworn statement, under the pains an
penalties of perjury, of his own personal knowledge.
GENERAL FACTUAL ASSERTIONS
I. I, John M. McLaughlin, represent the Plaintiff in the above-entitled action.
- 2. I am a partner at the Law Firm of Green Miles Lipton & Fitz-Gibbon
3. I have used paralegals from the firm to assist me in this case.
FACTUAL ASSERTIONS AS TO ATTORNEYS FEES
4. My usual hourly rate is $200-00 per hour. The usual hourly rate of the paralegal
in our thm is $90.00 per hour. The usual hourly rate of support staff in our firm i
$75.00 per hour. These rates are more than reasonable for telecornmunicatio
civil litigation specialists.
5. I am a member of the Federal Communications Bar Association and I have bee
heavily involved in telecommunications litigation since the early l990‘s. I hav
represented DIRECTV, Inc. Comcast Corporate Entities and Coxcorn, Inc. 0
literally hundreds of telecommunications piracy cases.
6. The time records have been edited to remove confidential communications wit
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ase 3:03-cv—00918-JBA Document 16 Filed 11/19/2004 Page 2 of 3
the client. The Plaintiff reserves the right to amend its claim for attomey's fee
and costs should Plaintiffs Counsel have to attend a Default Hearing and Plaintif
may also bear certain costs with reference to said hearing. The details of the tim
records to—date are set forth below. Also, I have already reduced the billable tim
from the actual time spent on reviewing and sorting my time records to take into
account the first circuit case of Brewster v. Dukakis, 3 Fed.3d 488, (lst Cir. 1993)
which provides that attorney's fees for work on affidavit for fees should be bille
at a reduced rate.
ATTORNEY'S HOURS:
5/20/04 Review Draft Complaint .80
7/ 6/ 04 Review Draft of Request Entry of Default .40
11/5/ 04 Review! Draft Motion, Affidavit, Memorandum
and Proposed order 1.00
11/5/04 Review Attorneys Fees No Charge
SUBTOTAL of hours 2.20 X $200.00
SUBTOTAL amounts $440.00
PARALEGAL‘s HOURS:
5/20/04 Draft Complaint 1.20
7/6/04 Prepare Draft of Request Entry of Default .80
1 1/5/04 Prepare Draft of Motion, Affidavit, Memorandum 1.50
ll/5/04 Review Attomey's Fees No Charge
SUBTOTAL of hours 3.5 X 90.00
SUBTOTAL amount $315.00
Total Amount of Hours $755.00
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ase 3:03-cv—00918-JBA Document 16 Filed 11/19/2004 Page 3 of 3
7. No attomey‘s fees have been paid by the Plaintiff in the case at bar because th
case is covered by a contingency fee agreement and there has not been and ma
never be any actual recovery.
OTHER FACTUAL ASSERTIONS
8. The Default of the Defendant has been entered for failure to appear in this action.
9. On information and belief the Defendant is not an infant or an incompetent an
the Defendant is not in the military service
10. The undersigned believes the court can assess statutory damages in this matte
without testimony. Yet, if the court believes testimony is necessary the Plaintif
will fully cooperate and provide fact witnesses and expert Witnesses if required.
Subscribed and sworn to, under the pains and penalties of perjury.
Respect ly Su mitted for the Plaintiff,
( at
Date . Mclfa ghlin (CT1698
reen Miles Lipton and Fitz—Gibb
7 Pleasant Street \
P.O. Box 210
Northampton, MA 01061
(413) 586-0865
Local Address Pursuant to
D. Conn. L. Civ. R. 2(c):
Palumbo, Palumbo & Carrington, P.C.
193 Grand Street
P.O. Box 2518
Waterbury, CT 06732-251
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