Free Affidavit - District Court of Delaware - Delaware

Case 1:04-cv—O1324-JJF—LPS Document 130 Filed O1/O3/2006 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
IN AND FOR THE DISTRICT OF DELAWARE
THOMAS A. EAMES, ROBERTA L. EAMES )
and TAMMY EAMES, on behalf of )
themselves and all others )
similarly situated, )
)
Plaintiffs, ) C.A. No. 04-CV-1324KA]
)
v. )
)
NATIONWIDE MUTUAL INSURANCE )
COMPANY, )
)
Defendant. )
AFFIDAVIT OF JOHN S. SPADARO REGARDING CERTAIN EXPENSES
STATE OF DELAWARE )
) SS
COUNTY OF NEW CASTLE )
· John S. Spadaro, being duly swom, deposes and says:
l. I am an attomey admitted to the Bar of the Supreme Court of the State of Delaware,
and a member of the firm of Murphy Spadaro & Landon.
2. I am counsel of record herein for the plaintiffs Thomas A. Eames, Roberta L. Eames
and Tammy Eames (the "Eames plaintiffs") and submit this affidavit in cormection with their
pending motion to compel, filed on October 26, 2005. I have personal knowledge of the facts set
forth below.
3. On April 7, 2005, the Eames plaintiffs served defendant Nationwide Mutual Insurance
Company with their initial document requests, seeking production of documents related to those
particular underwriting practices that are the subject of this lawsuit. Nationwide served its
responses to those document requests on May 9, 2005.
mis;

Case 1 :O4-cv—O1324-JJF—LPS Document 130 Filed O1/O3/2006 Page 2 of 4
4. The Eames plaintiffs regarded (and still regard) Nationwide's responses to the initial
document requests as deficient. A discovery dispute thus arose between the parties with respect
to those responses. Since May 2005 my firm and l have provided legal services to the Eames
plaintiffs in connection with that discovery dispute. Those legal services are reflected in the
billing summary attached as Exhibit A (the "billing summary").
5. The billing summary reflects the range of activities made necessary by the parties'
discovery dispute, including an extended meet-and-confer process (through e-mails, letters, and
one in-person meeting), teleconferences with the Court, and motion practice}
6. The billing summary sets forth the date on which each relevant task was performed;
the identity of the lawyer or paralegal performing the task; the amount of time devoted to the
task; and the hourly billing rate for the involved lawyer or paralegal. The "timekeepers" are
identified by their initials, "JSS" indicating attorney John S. Spadaro and "l-IRJ" indicating
paralegal Heather R. Jones. Mr. Spadaro's time has been recorded at an hourly rate of $250,
while time incurred by Ms. Jones has been recorded at an hourly rate of $70.
7. The hourly rate shown in the billing summary for paralegal time (Si'0) is a rate
routinely charged by my office for paralegal services in commercial and other litigation.
U 8. The hourly rate shown in the billing summary for attomey time ($250) is a rate
routinely charged by my office for attorney services in commercial and other litigation.
9. All the legal services reflected by the attached billing summary were actually
provided, and were necessary to the Eames plaintiffs* prosecution of the instant dispute
(regarding Nationwide's responses to the initial document requests).
’ The billing summary does not include activities related to the parties' September 13, 2005
teleconference with the Court. The Eames plaintiffs do not seek recovery of expenses with
respect to that teleconference.
l2?ll$3 2

Case 1:04-cv-01324-JJF-LPS Document 130 Filed O1/O3/2006 Page 3 of 4
,¢.... 5. @7..
Jo n S. Spadaro
SWORN TO AND SUBSCRIBED before me, a Notary Public in and for the State and County
aforesaid.
N TARY PUBLIC
My Commission Expires: 4
HEATHER R. JONES
MOTARY PUBLIC
ST ATE- OF DELAWARE
Mr Gwnnm Expires Aprn za, 2009
IZYISB 3

Case 1:04-cv-01324-JJF-LPS Document 130 Filed O1/O3/2006 Page 4 of 4
IN THE UNITED STATES DISTRICT COURT
IN AND FOR THE DISTRICT OF DELAWARE
THOMAS A. EAMES, ROBERTA L. EAMES )
and TAMMY EAMES, on behalf of )
themselves and all others )
similarly situated, )
)
Plaintiffs, ) C.A. No. 04-CV-1324KAJ
)
V- )
)
NATIONWIDE MUTUAL INSURANCE )
COMPANY, )
)
Defendant. )
NOTICE OF SERVICE
I hereby certify that on this date, I electronically filed the foregoing document with the Clerk
ofthe Court using CMIECF which will send notification of such filing(s) to the following:
Nicholas E. Skiles, Esq.
Swartz Campbell LLC
300 Delaware Avenue, Suite 1130
P.O. Box 330
Wilmington, DE 19899
MURPHY SPADARO & LANDON
fsf John S. Spadaro
John S. Spadaro, No. 3155
1011 Centre Road, Suite 210
Wilmington, DE 19805
(302) 472-8100
Attorneys for plaintiffs
Thomas A. Eames, Roberta L. Eames and
Tammy Eames (on behalf of themselves and
January 3, 2006 all others similarly situated)
121*194