Free Memorandum - District Court of Arizona - Arizona

EXHIBIT 2
Case 2:O3—cv—O2396-DGC Document 53-3 Filed 06/O1/2006 Page 1 of 4 I

1 GREENBERG TRAURIG, LLP
ATTORNEYS AT LAW
SUITE 700 I
2 2375 EAST CAMELBACK ROAD
PHOENIX, ARIZONA 85016 .
3 (602) 445-8000
André H. Merrett (SBN 020889)
4 Attorney for Plaintiff
`
6 UNITED STATES DISTRICT COURT ·
7 DISTRICT OF ARIZONA p
8 Best Western International, Inc., an Arizona Cass NO' CV·°3·°2396·PHX·DGC j
9 1'101'1-PIOTII COI’pO1”&IlO1”l, j
10 Pl3l““ff= STATEMENT OF ANDRE H.
V. MERRETT REGARDING FEE V
11 AGREEMENT BETWEEN BEST A
WESTERN INTERNATIONAL, INC.
12 Ohio Key I, Inc., a Florida corporation; and ];l§(;‘)DY V
Nathan A. Roesing
13 ’ GREENBERG TRAURIG LLP
14 Defendants.
I5
16 STATE OF ARIZONA ) p
SS. ~
17 COUNTY OF MARICOPA g y
18 André H. Merrett, being duly sworn upon his oath, deposes and states as follows:
19 l. I am a member of the State Bar of Arizona. From the initiation of p
20 this action until May 1, 2006 I was a partner in the law firm of Quarles and Brady Streich
21 Lang, LLP. Since May 1, 2006, I have been Of Counsel to Greenberg Traurig, LLP.
22 2. I am and always have been the lead attorney of record for Best
23 Western in this action. I make this affidavit on my own personal knowledge and in A
24 support of Best Western’s Motion for Attomey’s Fees and Related Non—taxab1e Expenses.
25 _
26 W
phx—fsl\15467l8vOl\79296.0l0900
Case 2:O3—cv—O2396-DGC Document 53-3 Filed 06/O1/2006 Page 2 of 4 I

1 3. I have represented Best Western in various legal matters for several
2 years. I have not entered into a separate written fee agreement with Best Western relating
3 to this action. However, the fee agreement applicable to this representation is the same in A
4 terms as has been used over the course of my relationship with Best Western. 1
5 4. Best Western has agreed to pay attorney’s fees based upon the fees A
6 of each attorney and legal assistant devoting time to this matter. Each attorney and legal
7 assistant has an hourly billing rate based generally on his or her experience and special A
8 expertise. The hourly rate multiplied by the time spent on Best Western’s behalf, X
9 measured in tenths of an hour, as the primary basis for determining the fee. Billing rates A
10 have been adjusted from time to time during the pendency of this litigation. Any A
11 adjustments in billing rates is reflected on Best Western’s bills. i
12 5. Best Western also agreed to pay for certain charges incurred on its
13 behalf. Specifically, Best Western has paid for services such as photocopying, messenger
14 and delivery service, computerized research, travel, facsimile, and filing fees. Best
15 Western has not been charged for long distance, domestic calls, or regular U.S. Mail
16 delivery. .
17 6. Throughout this litigation, Best Western has been billed on a
18 monthly basis for the fees and costs described above. Best Western has been billed for all
19 of the fees and costs identified in the Task-Based Itemized Statement of Attorney’s Fees
20 and Related Non-taxable Expenses attached as Exhibit 3 to Best Western’s Memorandum I
21 of Points and Authorities in Support of its Motion for Attorney’s Fees and Related Non-
22 // I
23 // A
24 xx A
25 //
26
phx-fsl\l5467l8v0l\79296.0l0900 I
Case 2:O3—cv—O2396-DGC Document 53-3 Filed 06/O1/2006 Page 3 of 4 1

1 Taxable Expenses. With the exception of those fees and costs in the most recent billing A
2 cycle, Best Westem is current on all fees and costs incurred.
3 DATED this day of June, 2006. 1
5 André H. Merrett p
6 . . 19* A
Sworn to and subscribed before me, this {_ day of June, 2006.
7 _§‘
8 .._. . ...,. . ..i. , _. ....,. .. , D. ..... ‘ [
9 > g,_ °{‘§§’,‘f*‘e§*§°‘L . o ARY PUBLIC 1
NDTARY PUBLIB-Stata¤fAriz¤:\a ‘ .
. ·=,;$;.$ MARIGGPA COUNTY _ ·
10 ‘t·_‘. U G m- V- · 2°°’
1 1
12
13
14
15
16 p
17 l
18
19
20 1
21 U
22 5
23
b
24 ‘
25
26
phx-fs1\l5467l8v0l\79296.010900
Case 2:O3—cv—O2396-DGC Document 53-3 Filed 06/O1/2006 Page 4 of 4 ]

Case 2:03-cv-02396-DGC

Document 53-3

Filed 06/01/2006

Page 1 of 4

Case 2:03-cv-02396-DGC

Document 53-3

Filed 06/01/2006

Page 2 of 4

Case 2:03-cv-02396-DGC

Document 53-3

Filed 06/01/2006

Page 3 of 4

Case 2:03-cv-02396-DGC

Document 53-3

Filed 06/01/2006

Page 4 of 4