Free Affidavit in Support of Motion - District Court of Arizona - Arizona

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Michael Simes (Arizona Bar No. 016021) MICHAEL SIMES, LLC 903 South Rural Road Suite 101--323 Tempe, Arizona 85281 Telephone: 480-699-3636 Facsimile: 480-659-2943 Email: [email protected] Website: www.MichaelSimes.com Attorney for Solinvest Group, Ltd.

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

) ) ) ) TECHNOLOGY SYSTEMS ) INTERNATIONAL, INC. , a Nevada ) Corporation; ) ) Debtor. ______________________________________ ) ) SOLINVEST GROUP, LTD., a British Virgin ) ) Islands entity; ) ) Plaintiff, ) ) v. ) ) TECHNOLOGY SYSTEMS ) INTERNATIONAL, INC., a Nevada ) Corporation; TSI ACQUISITION ) CORPORATION, formerly known as ) TECHNOLOGY SYSTEMS ) INTERNATIONAL, INC., an Arizona ) Corporation; ALANCO TECHNOLOGIES, ) INC., an Arizona Corporation; In re: Case 2:02-cv-02641-ROS Page 1 of 69 Document 6

United States District Court For the District of Arizona Case No. CV--02--2641--PHX--ROS United States Bankruptcy Court For the District of Arizona Case No. 2--03--21187--PHX--EWH United States Bankruptcy Court For the District of Arizona Case No. 2--04--00019--PHX--EWH United States Bankruptcy Court Fort the District of Arizona Case No. 2--05--07799--PHX--EWH

AFFIDAVIT OF ATTORNEY MICHAEL SIMES IN SUPPORT OF AMENDED MOTION FOR AWARD OF ATTORNEYS' FEES AND COSTS

Filed 11/04/2005

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) ) ) ) ) ) ) Defendants. ) ) ______________________________________ ) ) ) ) GREG OESTER and LYNDA OESTER, husband and wife; ) ) ) Third-Party Plaintiffs, ) ) v. ) ) EVERT EGGINK, ) ) Third-Party Defendant. ______________________________________ ) GREG OESTER and LYNDA OESTER, husband and wife; JOHN DOE I-X; JANE DOE I-X; ABC PARTNERSHIP I-X; and XYZ CORPORATION I-X;

I, MICHAEL SIMES, being first duly sworn, states as follows: 1. 2. I am over 18 years of age and am competent to make this affidavit. I make this affidavit based upon my personal knowledge. I received my Juris Doctor from the University of Arizona in 1994. I was admitted to practice law in the State of Arizona in 1994. I was admitted to practice law in the State of Colorado in 1996. I received my Master of Business Administration from Arizona State University in

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3. 4. 5. 6. 2003. 7.

I have been continuously engaged in the private practice of law since 1994.

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8.

In 2000, I founded the Law Office of Michael Simes, the predecessor organization of

Michael Simes, LLC. 9. Simes, LLC. From 2000 to the date of this Affidavit, I have been the managing member of Michael

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10.

From 2000 to the date of this Affidavit, Michael Simes, LLC, has been principally

located in the County of Maricopa, State of Arizona. 11. On May 14, 2004, I was awarded a plaque from the Board of Governors of the State

Bar of Arizona that states as follows: "The State Bar of Arizona Recognizes Michael Simes for your Expertise and Distinguished Service to Bar Web Sites and Electronic Services. May 2004" See Board of Governors May Meeting Review, 41 ARIZONA ATTORNEY 50 (Issue No. 1, September 2004).

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12.

I am the author of Technology Transfer: Path to a New Economy. See Michael

Simes, Technology Transfer: Path to a New Economy, 41 ARIZONA ATTORNEY 20 (Issue No. 3, November 2004). 13. On December 9, 2002, the Law Office of Michael Simes entered into a written

agreement for the provision of legal services with Solinvest Group, Ltd. See Engagement Letter, dated December 6, 2002 ("Engagement Letter"), attached hereto as Exhibit "1" and incorporated

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herein by this reference. 14. The Engagement Letter provides that Attorney Michael Simes is to be compensated at

the hourly rate of two hundred fifty dollars and no cents ($250.00) per hour. See Engagement Letter. 15. I am familiar both with legal market and with the market rate for legal services in the

County of Maricopa, State of Arizona.

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16.

In December 2002, the hourly rate of two hundred fifty dollars and no cents ($250.00)

for Attorney Michael Simes was reasonable when compared with the hourly rate for other attorneys with similar education and experience in the County of Maricopa, State of Arizona. 17. Michael Simes, LLC, prepared and maintained contemporaneous timekeeping records

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with the legal services provided. These records were formalized in the Invoices for Professional Services that were provided for review and payment each calendar month to Solinvest Group, Ltd. See Invoices for Professional Services, dated from January 2, 2002, to and include November 3, 2005 (together, the "Invoices"), all of which are attached hereto as Exhibit "2" and incorporated herein by this reference. 18. 19. The Invoices were timely paid by Solinvest Group, Ltd. See Invoices. The total amount of time spent by Attorney Michael Simes providing legal services to

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Solinvest Group, Ltd, in this matter is one thousand ninety--two and five--tenths (1,092.5) hours. See Invoices. 20. The total amount of out--of--pocket expenses incurred by Michael Simes, LLC, in

providing professional services to Solinvest Group, Ltd., in this matter is three thousand eighty dollars and thirty cents ($3,080.30). See Invoices; see also Exhibit 3. 21. The total amount of the legal services provided from Michael Simes, LLC, to Solivest

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Group, Ltd., in this matter is two hundred seventy--six thousand two hundred five dollars and thirty cents ($276,205.30). See Invoices. 22. Pursuant to the Order of the Federal District Court for the District of Arizona, dated

October 18, 2005, I have reviewed the Invoices in this matter and have allocated that time between the services provided in connection with matters related to the United States District Court for the District of Arizona and services provided in connection with the matters related to the United States

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Bankruptcy Court for the District of Arizona. This allocation is based upon my detailed review of the file in this matter and my professional judgment. 23. The total amount of time spent by Attorney Michael Simes providing legal services to

Solinvest Group, Ltd., in connection with matters related to the United States Federal District Court
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for the District of Arizona is seven hundred eighty--one and no tenths (781.0) hours. See Exhibit "4". 24. The total amount of out--of--pocket expenses incurred by Michael Simes, LLC, in

providing professional services to Solinvest Group, Ltd., in connection with matters related to the United States Federal District Court for the District of Arizona is two thousand eighty--seven dollars and eighty-two cents ($2,087.82). See Exhibit "3" 25. The total amount of the legal services provided from Michael Simes, LLC, to Solivest

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Group, Ltd., in this matter in connection with matters related to the United States Federal District Court for the District of Arizona is one hundred ninety--seven thousand three hundred thirty--seven dollars and eighty--two cents ($197,737.82). 26. The total amount of time spent by Attorney Michael Simes providing legal services to

Solinvest Group, Ltd., in connection with matters related to the United States Bankruptcy Court for the District of Arizona is three hundred eleven and five-tenths (311.5) hours. See Exhibit "5".

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27.

The total amount of out--of--pocket expenses incurred by Michael Simes, LLC, in

providing professional services to Solinvest Group, Ltd., in connection with matters related to the United States Bankruptcy Court for the District of Arizona is nine hundred ninety--two dollars and forty--eight cents ($992.48). See Exhibit "3". 28. The total amount of the legal services provided from Michael Simes, LLC, to Solivest

Group, Ltd., in this matter in connection with matters related to the United States Bankruptcy Court

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