Free Affidavit - 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

) ) In re: ) ) 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; ) GREG OESTER and LYNDA OESTER, Case 2:02-cv-02641-ROS
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United States District Court For the District of Arizona Case No. 2:02--CV--02641--ROS United States Bankruptcy Court For the District of Arizona Case No. 2:03--BK--21187--EWH United States Bankruptcy Court For the District of Arizona Case No. 2:04--AP--00019--EWH United States Bankruptcy Court Fort the District of Arizona Case No. 2:05--BK--07799--EWH

AFFIDAVIT OF ATTORNEY MICHAEL SIMES IN SUPPORT OF THE COMPREHENSIVE SUPPLEMENT TO THE MOTION FOR AWARD OF ATTORNEYS' FEES AND COSTS

Filed 09/07/2005

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) ) ) ) ) ) Defendants. ) ) ______________________________________ ) ) ) ) GREG OESTER and LYNDA OESTER, ) husband and wife; ) ) Third-Party Plaintiffs, ) ) v. ) ) EVERT EGGINK, ) ) Third-Party Defendant. ______________________________________ ) 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:
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1.
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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

2. 3. 4. 5. 6. 2003.

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7. 8.

I have been continuously engaged in the private practice of law since 1994. In 2000, I founded the Law Office of Michael Simes, the predecessor organization of

Michael Simes, LLC.

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9. Simes, LLC. 10.

From 2000 to the date of this Affidavit, I have been the managing member of Michael

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

located in the County of Maricopa, State of Arizona.
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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). 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,
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November 2004). 13. On December 9, 2002, the Law Office of Michael Simes entered into a written

agreement with Solinvest Group, Ltd., for the provision of legal services. See Affidavit of Attorney Michael Simes in Support of the Motion for the Award of Attorneys' Fees and Costs, filed January 12, 2005 ("Simes Affidavit")(Docket # 47), at ¶ 13. 14. The Engagement Letter provides that Attorney Michael Simes is to be compensated at

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the hourly rate of two hundred fifty dollars and no cents ($250.00) per hour. See Simes Affidavit, at ¶ 14. 15. I am familiar both with legal market and with the market rate for legal services in the

County of Maricopa, State of Arizona. 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.

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17.

Since December 2002, Attorney Michael Simes has not raised his hourly rate for

professional services in this matter. 18. From January 13, 2005, to September 6, 2005, the total amount of time spent by

Attorney Michael Simes providing legal services to Solinvest Group, Ltd, in this matter is two
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hundred eighty--seven (287.0) hours. See Invoices for Professional Services, dated from February 1, 2005, to and include September 7, 2005 (together, the "Invoices"), all of which are attached hereto in chronological order as Exhibit "A" and incorporated herein by this reference. 19. From January 13, 2005, to September 6, 2005, the total amount of the legal services

provided from Michael Simes, LLC, to Solivest Group, Ltd., in this matter is seventy--one thousand seven hundred fifty dollars ($71,750.00). See Invoices. 20. From January 13, 2005, to September 6, 2005, the total amount of expenses incurred

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by Solinvest Group, Ltd., in this matter is six hundred ninety--one dollars and sixty cents ($691.60). See Invoices. 21. Michael Simes, LLC, prepared and maintained contemporaneous timekeeping records

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.

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22.

The Invoices were timely paid by Solinvest Group, Ltd. See Invoices.

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ORIGINAL ELECTRONICALLY FILED this 7th day of September 2005 with: Clerk of the Court United States District Court District of Arizona Sandra Day O'Connor Court House 401 West Washington Street Phoenix, Arizona 85003 COPY mailed this 7th day of September 2005 to: Jeffrey M. Proper Jeffery M. Proper, PLLC 3550 North Central Avenue; Suite 1200 Phoenix, Arizona 85012 Telephone: 602-235-9555 Facsimile: 602-235-9223 Jill H. Ford Chapter 7 Bankruptcy Trustee P.O. Box 5845 Carefree, Arizona 85377 Telephone: 480-575-8250 COURTESY COPY hand-delivered this 7th day of September 2005 to: Clerk of the Court United States District Court District of Arizona Sandra Day O'Connor Court House 401 West Washington Street Phoenix, Arizona 85003 The Honorable Roslyn O. Silver United States District Court District of Arizona Sandra Day O'Connor Court House 401 West Washington Street Phoenix, Arizona 85003 Telephone: 602-322-7520 Facsimile: 602-322-7529

COURTESY COPY mailed this 7th day of September 2005 to: The Honorable Eileen W. Hollowell United State Bankruptcy Court District of Arizona 110 South Church Avenue Tucson, Arizona 85701 Telephone: 520-620-7500 x 262 Facsimile: 520-620-7467

/s/ Michael Simes

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