Preview
153-321789-20
FILED
TARRANT COUNTY
4/6/2021 3:00 PM
CAUSE NO. 153-321789-20 THOMAS A. WILDER
DISTRICT CLERK
JON VER HALEN, M.D., and WEST § IN THE COUNTY COURT
HOUSTON AESTHETIC AND PLASTIC §
SURGERY, PLLC, d/b/a VER HALEN §
AESTHETICS AND PLASTIC §
SURGERY, §
§
Plaintiffs, §
§
~ § 153rd JUDICIAL DISTRICT
§
SACHA OBAID, M.D., and NORTH §
TEXAS PLASTIC SURGERY, P.A., §
§
Defendants. § TARRANT COUNTY, TEXAS
AFFIDAVIT OF J. MITCHELL LITTLE REGARDING ATTORNEYS'
FEES AND COSTS IN SUPPORT OF DEFENDANTS SACHA
OBAID M.D. AND NORTH TEXAS PLASTIC SURGERY, P.A.
1. My name is J. Mitchell Little, and I am an attorney for Defendants Sacha
Obaid, M.D. and North Texas Plastic Surgery, P.A. in the above-captioned cause. I
have been engaged to provide expert opinion testimony regarding the reasonableness
and necessity of the attorney's fees charged by my law firm in connection with the
above-captioned case and, specifically, the Texas Citizens Participation Act ("TCPA")
Motions filed in the case.
2. I am an equity partner in the law firm of Scheef & Stone, L.L.P. I have
been licensed as an attorney in the State of Texas since May 24, 2004. I am familiar
with the reasonable attorney's fee rates normally charged in and around Collin and
Tarrant Counties, Texas.
AFFIDAVIT OF J. MITCHELL LITTLE REGARDING ATTORNEYS'
FEES AND COSTS IN SUPPORT OF DEFENDANTS SACHA OBAID, M.D.
AND NORTH TEXAS PLASTIC SURGERY, P.A. PAGE 1
Scheef & Stone, L.L.P. Fees on the TCPA Motions
3. My law firm and I were engaged in this matter on an hourly basis.
Defendant North Texas Plastic Surgery, P.A. has agreed to cover the cost of this
litigation on behalf of Sacha Obaid, M.D., and all payment for his legal services and
expenses has been handled by Defendant North Texas Plastic Surgery, P.A.
4. During this representation, I maintained detailed records of hourly time
applied to this matter for use in calculating any recoverable attorney's fees and
tracking my time and any expenses. My current hourly rate for handling business
litigation matters is $615.00 per hour. During the pendency of this litigation, my
hourly rate changed from $600 per hour to $615 per hour, effective January 1, 2021. I
was assisted at times by John G. Fischer, whose rate is $615 per hour, and Margaret
K. Shea, whose rate is $200 per hour. Based on the rates charged in both the areas in
which the actual work was performed and the area in which the matter was to be heard
remotely, the rates are reasonable given the complexity and subject matter of the case.
From the initiation of the above-captioned arbitration proceeding until April 6, 2020
in this case, our law firm expended 91. 60 hours in the defense of the various claims in
the case. We performed all the activities described in the attached Exhibit A, which
is a true and correct copy of our billing records in this matter. Our clients have been
charged a total of $53,185 in hourly fees litigating this matter. Dividing the total by
the number of hours, we come to a blended rate of $580.62 per hour, which is
AFFIDAVIT OF J. MITCHELL LITTLE REGARDING ATTORNEYS'
FEES AND COSTS IN SUPPORT OF DEFENDANTS SACHA OBAID, M.D.
AND NORTH TEXAS PLASTIC SURGERY, P.A. PAGE2
reasonable based upon my experience in Collin and Tarrant Counties.
5. The fees requested by Defendant North Texas Plastic Surgery, P.A. are
attributable to their successful prosecution of TCP A Motions on behalf of both Dr.
Obaid and North Texas Plastic Surgery, P.A. During the representation, it has also
been necessary to defend against tenuous claims from the Plaintiffs arising from fraud
and fraudulent inducement. The services provided by Scheef & Stone, L.L.P.
advanced the prosecution of motions for which fee recovery was permissible (TCP A)
and the unrecoverable defense of other claims for fraud and fraudulent inducement.
Those claims were addressed through a separate Motion for Partial Summary
Judgment. The work performed was based on one single set of facts and
circumstances, those being the creation and consummation of the Compromise
Settlement Agreement and Release and the report to the Texas Medical Board.
Segregation of Fees
6. Because Scheef & Stone, L.L.P. performed all work related to the above-
captioned case, it is necessary to meaningfully segregate the fees for time entries
related to recoverable and unrecoverable matters. The attorneys of Scheef & Stone,
L.L.P. spent 13.6 hours on researching, preparing, editing, and filing the Motion for
Partial Summary Judgment on Plaintiffs' claims for fraud and fraudulent inducement,
which fees are unrecoverable at this stage-a total of $8,137 in fees. In my opinion,
these fees are not recoverable at this stage, since the TCPA does not apply to these
AFFIDAVIT OF J. MITCHELL LITTLE REGARDING ATTORNEYS'
FEES AND COSTS IN SUPPORT OF DEFENDANTS SACHA OBAID, M.D.
AND NORTH TEXAS PLASTIC SURGERY, P.A. PAGE3
claims and that Motion. This reduces the total recoverable fees to $45,048.
Legal Standard
7. Under Texas law, the court is required to consider the reasonableness of
the attorneys' fees charged in this case through consideration of eight factors laid out
in the Texas Disciplinary Rules of Professional Conduct. They are:
a) the time and labor required, the novelty and difficulty of the questions involved,
I
and the skill requisite to perform the legal service properly;
b) the likelihood, if apparent to the client, that the acceptance of the particular
employment will preclude other employment by the lawyer;
c) the fee customarily charged in the locality for similar legal services;
d) the amount involved and the results obtained;
e) the time limitations imposed by the client or by the circumstances;
f) the nature and length of the professional relationship with the client;
g) the experience, reputation, and ability of the lawyer or lawyers performing the
services; and
h) whether the fee is fixed or contingent on results obtained or uncertainty of
collection before the legal services have been rendered.
In arriving at my opinion, I am also required as a Texas lawyer to consider each of
these eight factors under Texas law. These are commonly referred to in Texas as the
Arthur Andersen factors. Arthur Andersen & Co. v. Perry Equip. Corp., 945 S.W.2d
AFFIDAVIT OF J. MITCHELL LITTLE REGARDING ATTORNEYS'
FEES AND COSTS IN SUPPORT OF DEFENDANTS SACHA OBAID, M.D.
AND NORTH TEXAS PLASTIC SURGERY, P.A. PAGE4
812 (Tex.1997).
8. This is a sophisticated, contentious dispute among medical professionals
and their practices with massive damages alleged, and that drove up the effort and
attorney's fees required both to prosecute and defend it. The damages and fees
supposedly sought by Plaintiffs are bet-the-business amounts. The legal and factual
questions involved in this case were difficult and required a high degree of skill and
experience in the areas of both healthcare and complex commercial litigation. The
work was labor-intensive and fact-intensive and required assistance of experienced
attorneys. While the acceptance of this assignment did not preclude other
employment, it did require a great deal of attention to detail over a relatively short
period of time (three months). The fees customarily charged for this type of work
range in the Collin County and Tarrant County, Texas area from $200/hour all the
way up to over $700/hour. Because the amounts in dispute in the case were in the
millions of dollars, counsel whose experience and qualifications justify rates between
$400 and $725 are to be expected. Neither the time limitations imposed by the
circumstances nor the nature and length of the professional relationship with the client
had a significant impact on the rate charged or the work performed. Each of the
partners at Scheef & Stone who worked on the case is experienced in the areas of
business litigation, having tried multiple cases to jury verdict or arbitration award.
AFFIDAVIT OF J. MITCHELL LITTLE REGARDING ATTORNEYS'
FEES AND COSTS IN SUPPORT OF DEFENDANTS SACHA OBAID, M.D.
AND NORTH TEXAS PLASTIC SURGERY, P.A. PAGES
Costs Incurred Directly by Defendant North Texas Plastic Surgery, P.A.
9. As part of the litigation, Defendant North Texas Plastic Surgery, P.A.
was also forced to incur costs for filing fees and legal research. Those charges are
reflected in the attached Exhibit A.
10. These costs total $186.77.
Summary of Fees and Reimbursable Costs
11. It is my opinion, based upon my knowledge, expertise, and personal
experience, that the reasonable and necessary attorney's fees incurred by Defendant
North Texas Plastic Surgery, P.A. are $45,048.00. Total costs in the case are $186.77.
Appellate Fees
12. I have been involved in a variety of complex civil appeals, each with
multiple issues before the Court. It is my opinion, based upon my knowledge,
expertise, and personal experience, that the reasonable and necessary attorney's fees
incurred if Plaintiffs unsuccessfully appeal this matter to the Court of Appeals would
be $40,000. That would be a reasonable attorney's fee for responding to a multiple-
issue appeal, briefing the issue on the merits, and engaging in oral argument.
16. If the opposing parties then appeal the matter to the Supreme Court of
any state, a reasonable and necessary attorney's fee for having to respond to an
unsuccessful Petition for Review would be an additional $25,000.
17. If the Petition for Review is granted, a reasonable and necessary
AFFIDAVIT OF J. MITCHELL LITTLE REGARDING ATTORNEYS'
FEES AND COSTS IN SUPPORT OF DEFENDANTS SACHA OBAID, M.D.
AND NORTH TEXAS PLASTIC SURGERY, P.A. PAGE6
attorney's fee for having to briefthe matter on the merits to the Texas Supreme Court
would be $40,000. If oral argument is granted, an additional $20,000 in attorney's
fees would be reasonable.
Signed this ft-It- day of April, 2021.
SUBSCRIBED AND SWORN TO BEFORE ME by the said J. Mitchell Little on
the {pjj_ day of April, 2021, to certify which witness my hand and official seal.
JERI HAMMAN
My Notary ID# 6040713
Expires October 31, 2024
AFFIDAVIT OF J. MITCHELL LITTLE REGARDING ATTORNEYS'
FEES AND COSTS IN SUPPORT OF DEFENDANTS SACHA OBAID, M.D.
AND NORTH TEXAS PLASTIC SURGERY, P.A. PAGE7
Disclosures
I have been retained as an expert witness on a non-attorney's fees matter in one
other case, Cause No. CC-12-06631-D, Timothy Matthew Brann v. Shamrock Asset
Management, L.L.C., et al before the County Court at Law No. 4 in Dallas County,
Texas. The subject matter of that case was securities-related.
I have testified live at a bench or jury trial or by affidavit to reasonableness and
necessity of attorney's fees fewer than twenty-five times in the past ten years. A list
of all of those matters is not readily available but could be reproduced with sufficient
research if necessary.
A non-exhaustive list of those matters in which I testified as a live witness at a
final trial or sanctions hearing include:
1. Cause No. 296-00547-2014; Sedey v. Brar; 296th Judicial District Court, Collin
County, Texas
2. Cause NO. 219-02191-2011; Lancaster, et al v. Collin Bank, 219th Judicial
District Court, Collin County, Texas
3. Cause No. DC-08-09597; Quaneco, L.L. C. et al v. Couch Oil and Gas, Inc. et
al; 192nd Judicial District Court, Dallas County, Texas
4. Case No. 01-14-0000-6142; Leland Rogness v. Alfaro Oil and Gas, L.L.C., et
al, American Arbitration Association
AFFIDAVIT OF J. MITCHELL LITTLE REGARDING ATTORNEYS'
FEES AND COSTS IN SUPPORT OF DEFENDANTS SACHA OBAID, M.D.
AND NORTH TEXAS PLASTIC SURGERY, P.A. PAGES
5. Cause No. 74339-86; Chahine, et al v. Piney Woods Ventures, L.L.C., et al, 86th
Judicial District Court, Collin County, Texas
6. Cause No. 416-3008-05; Bruce Folks v. Prairie Resources, Inc., et al; 416 1h
Judicial District Court, Collin County, Texas
7. Cause No. 296-04880-2009; Donald Rieke v. Z&Z International, Inc., et al;
296th Judicial District Court, Collin County, Texas
8. Cause No. 366-00595-2008; Tonnie C. Karle v. Innovative Direct Media Ltd.
Co., et al; 366th Judicial District Court, Collin County, Texas
9. Cause No. 199-02011-07; Neil Tomba v. Timothy Pettinger, et al; 199th Judicial
District Court, Collin County, Texas
10. Cause No. 366-02962-2007; David Elbaum, et al v. Knowles Consultants,
L.L. C., et al; 366th Judicial District Court, Collin County, Texas
11. Cause No. 401-03047-2007; Christian Life Assembly of God of Carrollton,
Texas v. Donald Blair; 401 st Judicial District Court, Collin County, Texas
12. Cause No. 366-05061-2015; OIC Holdings, L.L.C. v. Tom Gleason, et al, 366th
Judicial District Court, Collin County, Texas
13. Cause No. 429-03624-2015; Eckard Global Midstream, LLC and Precision
Midstream, LLC v. Enserca Engineering, LLC, et al; 429th Judicial District
Court, Collin County, Texas
AFFIDAVIT OF J. MITCHELL LITTLE REGARDING ATTORNEYS'
FEES AND COSTS IN SUPPORT OF DEFENDANTS SACHA OBAID, M.D.
AND NORTH TEXAS PLASTIC SURGERY, P.A. PAGE9
14. Case No. 01-19-0003-4072; Lumas Partners, LLC v. Vac-Tron Equipment,
LLC, before the American Arbitration Association.
My current curriculum vitae is available online at the following URL:
https://solidcounsel.com/attorney/mitch-little/
AFFIDAVIT OF J. MITCHELL LITTLE REGARDING ATTORNEYS'
FEES AND COSTS IN SUPPORT OF DEFENDANTS SACHA OBAID, M.D.
AND NORTH TEXAS PLASTIC SURGERY, P.A. PAGE IO
EXHIBIT
Date: 04/06/2021 Detail Transaction File List Page: 1
TRAN FILE LIST
Scheef & Stone, L.L.P. A
Trans H Tcode/ Stmt # Hours
Client Date Atty!_ Task Code Rate to Bill Amount Ref#
Client ID 11689.105 North Texas Plastic Surgery, PA
11689.105 12/03/2020 JML A 1 600.00 0.50 300.00Review Petition; email with John Fischer. ARCH
11689.105 12/04/2020 JGF A 595.00 0.20 119.00Exchange electronic correspondence with ARCH
co-counsel regarding lead counsel role in the case.
11689.105 12/04/2020 JML A 600.00 1.50 900.00Begin reviewing case law and preparing for TCPA ARCH
Motion filing.
11689.105 12/07/2020 JGF A 595.00 1.30 773.50Exchange multiple communications and background ARCH
information with client and co-counsel M. Little in
advancing the case and theory of anti-SLAPP
defense.
11689.105 12/07/2020 JML A 600.00 7.00 4,200.00Review petition; review CSAR; review PE Agreement;
ARCH
conduct TCPA legal research; discuss facts with John
Fischer; begin drafting TCPA motions.
11689.105 12/08/2020 JGF A 595.00 0.00Meet with co-counsel Mitch little to discuss parties,
ARCH
defenses and strategies; brief telephone conference
with client regarding information required.
11689.105 12/08/2020 JML A 600.00 7.00 4,200.00Continue drafting TCPA Motions in support of eachARCH
defense; discuss with John Fischer.
11689.105 12/09/2020 JGF A 595.00 0.30 178.50Exchange of documents and review of same with ARCH
co-counsel.
11689.105 12/09/2020 JML A 600.00 5.00 3,000.00Continued preparation of NTPS TCPA motion to ARCH
dismiss; legal research regarding same; confer with
John Fischer and KK regarding peer review issues;
prepare first draft of answer and counterclaims.
11689.105 12/10/2020 JGF A 595.00 1.60 952.00Review Settlement Agreement and original ARCH
employment contract and provide summary
additional affirmative defense.
11689.105 12/10/2020 JML A 600.00 3.00 1,800.00Call with client to discuss peer review issue; discuss
ARCH
edits with Margaret Shea; revise answer; modify
TCPA motions.
11689.105 12/11/2020 JGF A 595.00 0.10 59.50Exchange correspond ence regarding peer review ARCH
documents.
11689.105 12/11/2020 JML A 600.00 2.00 1,200.00Continued editing and preparation ofTCPA ARCH
Motions.
11689.105 12/14/2020 MKS A 200.00 2.40 480.00 Review Plaintiffs' Petition; review and revise ARCH
Defendant's TCPA motion to dismiss, strengthening
arguments and identifying new ones.
11689.105 12/15/2020 MKS A 200.00 2.30 460.00 Review and revise Defendants' TCPA motions to ARCH
dismiss; confer with M. Little regarding edits and
additional arguments.
11689.105 12/17/2020 JGF A 595.00 . 0.40 238.00Exchange electronic correspondence with client and
ARCH
co-counsel; telephone conferences with client in
seeking for peer review documentation.
11689.105 12/21/2020 JML A 600.00 2.00 1,200.00Prepare Obaid Affidavit; edit and revise drafts of
ARCH
TCPA Motions based on MS comments; confer with
client via email.
11689.105 12/21/2020 JGF A 595.00 0.10 59.50Exchange electronic correspondence with client and
ARCH
with co-counsel.
11689.105 12/23/2020 JML A 600.00 1.00 600.00 Work to finali ze TCPA responses and answer based
ARCH
on J. Fischer review and edits; review affidavit.
11689.105 12/23/2020 JGF A 595.00 3.90 2,320.50Review and edit responses of NTPS and Obaid to ARCH
Plaintiffs; provide same to co-counsel.
11689.105 12/24/2020 JML A 600.00 0.30 180.00Confer with opposing counsel regarding answer ARCH
deadline extension; confer with J. Fischer.
11689.105 12/29/2020 JML A 600.00 6.00 3,600.00Prepare Motion for Summary Judgment on fraud ARCH
claims.
11689.105 12/30/2020 JGF A 595.00 4.00 2,380.00Create spreadsheet for the purpose of showing ARCH
support for elements of the TM B Complaint as in
the NTPS petition to demonstrate prior publication
as new defense; including elements of Tosha
Jorgensen declaration to demonstrate corroboration
with elements of TMB Complaint.
11689.105 12/30/2020 JML A 600.00 1.00 600.00 Refine Motion for Summary Judgment; legal ARCH
research on both release and waiver issues.
ml Tuesday 04/ 06/ 202 1 72:47 pm
Date: 04/06/2021 Detail Transaction File List Page: 2
TRAN FILE LIST
Scheef & Stone, L.L.P.
Trans H Tcode/ Stmt # Hours
Client Date AttyP Task Code Rate to Bill Amount Ref#
Client ID 11689.105 North Texas Plastic Surgery, PA
11689.105 12/31/2020 JGF A 1 595.00 4.60 2,737.00Revise/edit suggestions to Motion for Summary ARCH
Judgment regarding fraud counts; investigate legal
support for illegal contract theory.
11689.105 12/31/2020 JML A 600.00 2.00 1,200.00Make revisions to and finalize Motion for SummaryARCH
Judgment; confer with John Fischer regarding same.
11689.105 01/02/2021 JGF A 615.00 4.20 2,583.00Research Texas Rules of Civil Procedure 90 ARCH
amendment of 2013 and amendment of 2019
impact on pleading requirements under the notice
rule of the state of Texas; draft memo to co-counsel
regarding same.
11689.105 01/04/2021 JGF A 615.00 0.90 553.50Exchange multiple electronic correspondence with ARCH
co-counsel regarding filing s for the day.
11689.105 01/04/2021 JML A 615.00 4.00 2,460.00Finalize answer, counterclaim, TCPA Motions and ARCH
MSJ for filing; review John Fischer's edits; confer
with Jeri regarding filing and setting of various
motions; review correspondence from insurance
company regarding same.
11689.105 01/05/2021 JML A 615.00 0.30 184.50Confer with Jeri regarding hearing scheduling. ARCH
11689.105 01/06/2021 JML A 615.00 0.30 184.50Discuss hearing scheduling with Jeri and ARCH
preparation of fiats.
11689.105 01/26/2021 NQI A 125.00 0.60 75.00Download court docket filings; forward hearing date
ARCH
for docketing.
11689.105 03/08/2021 JML A 615.00 3.00 1,845.00Close review of filings from Ver Halen; confer with
ARCH
client regarding same; begin preparing for hearing
on TCPA/MSJ.
11689.105 03/09/2021 JML A 615.00 2.00 1,230.00Close review of filings from Ver Halen; begin ARCH
preparing for Friday hearing on TCPA Motion and
Motion for Summary Judgment.
11689.105 03/10/2021 JML A 615.00 5.00 3,075.00Prepare and file omnibus reply; review Motion forARCH
Leave to file supplemental declaration.
11689.105 03/11/2021 JGF A 615.00 1.00 615.00 Review Motion from opposing counsel; exchange ARCH
electronic correspondence with co-counsel.
11689.105 03/11/2021 JML A 615.00 5.00 3,075.00Continue preparing for hearing; prepare PowerPoint
ARCH
presentation for oral advocacy; review Motion for
Leave; prepare response to Motion for Leave.
11689.105 03/12/2021 JGF A 615.00 2.00 1,230.00Preparation for hearing (review Motions); attend ARCH
hearing; post conference with co-counsel and client;
brief telephone conference with attorney for T.
Jorgensen.
11689.105 03/12/2021 JML A 615.00 3.50 2, 152.50
Prepare for and engage in TCPA hearings on Ver ARCH
Halen matter; confer with John Fischer regarding
same.
11689.105 03/25/2021 JML A 615.00 0.30 184.50 Receive order on TCPA Motion for Leave; confer ARCH
with client regarding same.
Subtotal for Fees Billable 91 .60 53,185.00
11689.105 12/31/2020 JGF A 64 0.30 Filing fee 623
PACER ARCH
11689.105 01/04/2021 JGF A 15 123.47 Texas e-File ARCH
11689.105 01/05/2021 JGF A 60 63.00 Computerized legal research ARCH
Subtotal for Expenses Billable 0.00 186.77
11689.105 12/21/2020 A 90 119.00 Payment from client funds 11689.100 - thank you ARCH
11689.105 12/21/2020 A 90 Payment
19,941 .50 - thank you - VISA ARCH
11689.105 02/24/2021 A 90 19,829.27Payment - thank you - check 7575 ARCH
11689.105 03/25/2021 A 90 75.00 Payment - thank you - check 7606 ARCH
Subtotal for Payments Billable 0.00 0.00
Payments 39,964.77
ml Tuesday 04/ 06/2021 12:47 pm
Date: 04/06/2021 Detail Transaction File List Page: 3
TRAN FILE LIST
Scheef & Stone, L.L.P.
Trans H Tcode/ Stmt # Hours
Client Date AttyP Task Code Rate to Bill Amount Ref#
Jotal for Client ID 11689.105 Billable 91 .60 53,371.77North Texas Plastic Surgery, PA
Pa'iments 39,964.77Matter 105 - Ver Halen v. NTPS
GRAND TOTALS
Billable 91.60 53,371.77
Payments 39,964.77
ml Tuesday 04/06/2021 72:47 pm
Preview
153-321789-20 FILED TARRANT COUNTY 4/6/2021 3:00 PM CAUSE NO. 153-321789-20 THOMAS A. WILDER DISTRICT CLERK JON VER HALEN, M.D., and WEST § IN THE COUNTY COURT HOUSTON AESTHETIC AND PLASTIC § SURGERY, PLLC, d/b/a VER HALEN § AESTHETICS AND PLASTIC § SURGERY, § § Plaintiffs, § § ~ § 153rd JUDICIAL DISTRICT § SACHA OBAID, M.D., and NORTH § TEXAS PLASTIC SURGERY, P.A., § § Defendants. § TARRANT COUNTY, TEXAS AFFIDAVIT OF J. MITCHELL LITTLE REGARDING ATTORNEYS' FEES AND COSTS IN SUPPORT OF DEFENDANTS SACHA OBAID M.D. AND NORTH TEXAS PLASTIC SURGERY, P.A. 1. My name is J. Mitchell Little, and I am an attorney for Defendants Sacha Obaid, M.D. and North Texas Plastic Surgery, P.A. in the above-captioned cause. I have been engaged to provide expert opinion testimony regarding the reasonableness and necessity of the attorney's fees charged by my law firm in connection with the above-captioned case and, specifically, the Texas Citizens Participation Act ("TCPA") Motions filed in the case. 2. I am an equity partner in the law firm of Scheef & Stone, L.L.P. I have been licensed as an attorney in the State of Texas since May 24, 2004. I am familiar with the reasonable attorney's fee rates normally charged in and around Collin and Tarrant Counties, Texas. AFFIDAVIT OF J. MITCHELL LITTLE REGARDING ATTORNEYS' FEES AND COSTS IN SUPPORT OF DEFENDANTS SACHA OBAID, M.D. AND NORTH TEXAS PLASTIC SURGERY, P.A. PAGE 1 Scheef & Stone, L.L.P. Fees on the TCPA Motions 3. My law firm and I were engaged in this matter on an hourly basis. Defendant North Texas Plastic Surgery, P.A. has agreed to cover the cost of this litigation on behalf of Sacha Obaid, M.D., and all payment for his legal services and expenses has been handled by Defendant North Texas Plastic Surgery, P.A. 4. During this representation, I maintained detailed records of hourly time applied to this matter for use in calculating any recoverable attorney's fees and tracking my time and any expenses. My current hourly rate for handling business litigation matters is $615.00 per hour. During the pendency of this litigation, my hourly rate changed from $600 per hour to $615 per hour, effective January 1, 2021. I was assisted at times by John G. Fischer, whose rate is $615 per hour, and Margaret K. Shea, whose rate is $200 per hour. Based on the rates charged in both the areas in which the actual work was performed and the area in which the matter was to be heard remotely, the rates are reasonable given the complexity and subject matter of the case. From the initiation of the above-captioned arbitration proceeding until April 6, 2020 in this case, our law firm expended 91. 60 hours in the defense of the various claims in the case. We performed all the activities described in the attached Exhibit A, which is a true and correct copy of our billing records in this matter. Our clients have been charged a total of $53,185 in hourly fees litigating this matter. Dividing the total by the number of hours, we come to a blended rate of $580.62 per hour, which is AFFIDAVIT OF J. MITCHELL LITTLE REGARDING ATTORNEYS' FEES AND COSTS IN SUPPORT OF DEFENDANTS SACHA OBAID, M.D. AND NORTH TEXAS PLASTIC SURGERY, P.A. PAGE2 reasonable based upon my experience in Collin and Tarrant Counties. 5. The fees requested by Defendant North Texas Plastic Surgery, P.A. are attributable to their successful prosecution of TCP A Motions on behalf of both Dr. Obaid and North Texas Plastic Surgery, P.A. During the representation, it has also been necessary to defend against tenuous claims from the Plaintiffs arising from fraud and fraudulent inducement. The services provided by Scheef & Stone, L.L.P. advanced the prosecution of motions for which fee recovery was permissible (TCP A) and the unrecoverable defense of other claims for fraud and fraudulent inducement. Those claims were addressed through a separate Motion for Partial Summary Judgment. The work performed was based on one single set of facts and circumstances, those being the creation and consummation of the Compromise Settlement Agreement and Release and the report to the Texas Medical Board. Segregation of Fees 6. Because Scheef & Stone, L.L.P. performed all work related to the above- captioned case, it is necessary to meaningfully segregate the fees for time entries related to recoverable and unrecoverable matters. The attorneys of Scheef & Stone, L.L.P. spent 13.6 hours on researching, preparing, editing, and filing the Motion for Partial Summary Judgment on Plaintiffs' claims for fraud and fraudulent inducement, which fees are unrecoverable at this stage-a total of $8,137 in fees. In my opinion, these fees are not recoverable at this stage, since the TCPA does not apply to these AFFIDAVIT OF J. MITCHELL LITTLE REGARDING ATTORNEYS' FEES AND COSTS IN SUPPORT OF DEFENDANTS SACHA OBAID, M.D. AND NORTH TEXAS PLASTIC SURGERY, P.A. PAGE3 claims and that Motion. This reduces the total recoverable fees to $45,048. Legal Standard 7. Under Texas law, the court is required to consider the reasonableness of the attorneys' fees charged in this case through consideration of eight factors laid out in the Texas Disciplinary Rules of Professional Conduct. They are: a) the time and labor required, the novelty and difficulty of the questions involved, I and the skill requisite to perform the legal service properly; b) the likelihood, if apparent to the client, that the acceptance of the particular employment will preclude other employment by the lawyer; c) the fee customarily charged in the locality for similar legal services; d) the amount involved and the results obtained; e) the time limitations imposed by the client or by the circumstances; f) the nature and length of the professional relationship with the client; g) the experience, reputation, and ability of the lawyer or lawyers performing the services; and h) whether the fee is fixed or contingent on results obtained or uncertainty of collection before the legal services have been rendered. In arriving at my opinion, I am also required as a Texas lawyer to consider each of these eight factors under Texas law. These are commonly referred to in Texas as the Arthur Andersen factors. Arthur Andersen & Co. v. Perry Equip. Corp., 945 S.W.2d AFFIDAVIT OF J. MITCHELL LITTLE REGARDING ATTORNEYS' FEES AND COSTS IN SUPPORT OF DEFENDANTS SACHA OBAID, M.D. AND NORTH TEXAS PLASTIC SURGERY, P.A. PAGE4 812 (Tex.1997). 8. This is a sophisticated, contentious dispute among medical professionals and their practices with massive damages alleged, and that drove up the effort and attorney's fees required both to prosecute and defend it. The damages and fees supposedly sought by Plaintiffs are bet-the-business amounts. The legal and factual questions involved in this case were difficult and required a high degree of skill and experience in the areas of both healthcare and complex commercial litigation. The work was labor-intensive and fact-intensive and required assistance of experienced attorneys. While the acceptance of this assignment did not preclude other employment, it did require a great deal of attention to detail over a relatively short period of time (three months). The fees customarily charged for this type of work range in the Collin County and Tarrant County, Texas area from $200/hour all the way up to over $700/hour. Because the amounts in dispute in the case were in the millions of dollars, counsel whose experience and qualifications justify rates between $400 and $725 are to be expected. Neither the time limitations imposed by the circumstances nor the nature and length of the professional relationship with the client had a significant impact on the rate charged or the work performed. Each of the partners at Scheef & Stone who worked on the case is experienced in the areas of business litigation, having tried multiple cases to jury verdict or arbitration award. AFFIDAVIT OF J. MITCHELL LITTLE REGARDING ATTORNEYS' FEES AND COSTS IN SUPPORT OF DEFENDANTS SACHA OBAID, M.D. AND NORTH TEXAS PLASTIC SURGERY, P.A. PAGES Costs Incurred Directly by Defendant North Texas Plastic Surgery, P.A. 9. As part of the litigation, Defendant North Texas Plastic Surgery, P.A. was also forced to incur costs for filing fees and legal research. Those charges are reflected in the attached Exhibit A. 10. These costs total $186.77. Summary of Fees and Reimbursable Costs 11. It is my opinion, based upon my knowledge, expertise, and personal experience, that the reasonable and necessary attorney's fees incurred by Defendant North Texas Plastic Surgery, P.A. are $45,048.00. Total costs in the case are $186.77. Appellate Fees 12. I have been involved in a variety of complex civil appeals, each with multiple issues before the Court. It is my opinion, based upon my knowledge, expertise, and personal experience, that the reasonable and necessary attorney's fees incurred if Plaintiffs unsuccessfully appeal this matter to the Court of Appeals would be $40,000. That would be a reasonable attorney's fee for responding to a multiple- issue appeal, briefing the issue on the merits, and engaging in oral argument. 16. If the opposing parties then appeal the matter to the Supreme Court of any state, a reasonable and necessary attorney's fee for having to respond to an unsuccessful Petition for Review would be an additional $25,000. 17. If the Petition for Review is granted, a reasonable and necessary AFFIDAVIT OF J. MITCHELL LITTLE REGARDING ATTORNEYS' FEES AND COSTS IN SUPPORT OF DEFENDANTS SACHA OBAID, M.D. AND NORTH TEXAS PLASTIC SURGERY, P.A. PAGE6 attorney's fee for having to briefthe matter on the merits to the Texas Supreme Court would be $40,000. If oral argument is granted, an additional $20,000 in attorney's fees would be reasonable. Signed this ft-It- day of April, 2021. SUBSCRIBED AND SWORN TO BEFORE ME by the said J. Mitchell Little on the {pjj_ day of April, 2021, to certify which witness my hand and official seal. JERI HAMMAN My Notary ID# 6040713 Expires October 31, 2024 AFFIDAVIT OF J. MITCHELL LITTLE REGARDING ATTORNEYS' FEES AND COSTS IN SUPPORT OF DEFENDANTS SACHA OBAID, M.D. AND NORTH TEXAS PLASTIC SURGERY, P.A. PAGE7 Disclosures I have been retained as an expert witness on a non-attorney's fees matter in one other case, Cause No. CC-12-06631-D, Timothy Matthew Brann v. Shamrock Asset Management, L.L.C., et al before the County Court at Law No. 4 in Dallas County, Texas. The subject matter of that case was securities-related. I have testified live at a bench or jury trial or by affidavit to reasonableness and necessity of attorney's fees fewer than twenty-five times in the past ten years. A list of all of those matters is not readily available but could be reproduced with sufficient research if necessary. A non-exhaustive list of those matters in which I testified as a live witness at a final trial or sanctions hearing include: 1. Cause No. 296-00547-2014; Sedey v. Brar; 296th Judicial District Court, Collin County, Texas 2. Cause NO. 219-02191-2011; Lancaster, et al v. Collin Bank, 219th Judicial District Court, Collin County, Texas 3. Cause No. DC-08-09597; Quaneco, L.L. C. et al v. Couch Oil and Gas, Inc. et al; 192nd Judicial District Court, Dallas County, Texas 4. Case No. 01-14-0000-6142; Leland Rogness v. Alfaro Oil and Gas, L.L.C., et al, American Arbitration Association AFFIDAVIT OF J. MITCHELL LITTLE REGARDING ATTORNEYS' FEES AND COSTS IN SUPPORT OF DEFENDANTS SACHA OBAID, M.D. AND NORTH TEXAS PLASTIC SURGERY, P.A. PAGES 5. Cause No. 74339-86; Chahine, et al v. Piney Woods Ventures, L.L.C., et al, 86th Judicial District Court, Collin County, Texas 6. Cause No. 416-3008-05; Bruce Folks v. Prairie Resources, Inc., et al; 416 1h Judicial District Court, Collin County, Texas 7. Cause No. 296-04880-2009; Donald Rieke v. Z&Z International, Inc., et al; 296th Judicial District Court, Collin County, Texas 8. Cause No. 366-00595-2008; Tonnie C. Karle v. Innovative Direct Media Ltd. Co., et al; 366th Judicial District Court, Collin County, Texas 9. Cause No. 199-02011-07; Neil Tomba v. Timothy Pettinger, et al; 199th Judicial District Court, Collin County, Texas 10. Cause No. 366-02962-2007; David Elbaum, et al v. Knowles Consultants, L.L. C., et al; 366th Judicial District Court, Collin County, Texas 11. Cause No. 401-03047-2007; Christian Life Assembly of God of Carrollton, Texas v. Donald Blair; 401 st Judicial District Court, Collin County, Texas 12. Cause No. 366-05061-2015; OIC Holdings, L.L.C. v. Tom Gleason, et al, 366th Judicial District Court, Collin County, Texas 13. Cause No. 429-03624-2015; Eckard Global Midstream, LLC and Precision Midstream, LLC v. Enserca Engineering, LLC, et al; 429th Judicial District Court, Collin County, Texas AFFIDAVIT OF J. MITCHELL LITTLE REGARDING ATTORNEYS' FEES AND COSTS IN SUPPORT OF DEFENDANTS SACHA OBAID, M.D. AND NORTH TEXAS PLASTIC SURGERY, P.A. PAGE9 14. Case No. 01-19-0003-4072; Lumas Partners, LLC v. Vac-Tron Equipment, LLC, before the American Arbitration Association. My current curriculum vitae is available online at the following URL: https://solidcounsel.com/attorney/mitch-little/ AFFIDAVIT OF J. MITCHELL LITTLE REGARDING ATTORNEYS' FEES AND COSTS IN SUPPORT OF DEFENDANTS SACHA OBAID, M.D. AND NORTH TEXAS PLASTIC SURGERY, P.A. PAGE IO EXHIBIT Date: 04/06/2021 Detail Transaction File List Page: 1 TRAN FILE LIST Scheef & Stone, L.L.P. A Trans H Tcode/ Stmt # Hours Client Date Atty!_ Task Code Rate to Bill Amount Ref# Client ID 11689.105 North Texas Plastic Surgery, PA 11689.105 12/03/2020 JML A 1 600.00 0.50 300.00Review Petition; email with John Fischer. ARCH 11689.105 12/04/2020 JGF A 595.00 0.20 119.00Exchange electronic correspondence with ARCH co-counsel regarding lead counsel role in the case. 11689.105 12/04/2020 JML A 600.00 1.50 900.00Begin reviewing case law and preparing for TCPA ARCH Motion filing. 11689.105 12/07/2020 JGF A 595.00 1.30 773.50Exchange multiple communications and background ARCH information with client and co-counsel M. Little in advancing the case and theory of anti-SLAPP defense. 11689.105 12/07/2020 JML A 600.00 7.00 4,200.00Review petition; review CSAR; review PE Agreement; ARCH conduct TCPA legal research; discuss facts with John Fischer; begin drafting TCPA motions. 11689.105 12/08/2020 JGF A 595.00 0.00Meet with co-counsel Mitch little to discuss parties, ARCH defenses and strategies; brief telephone conference with client regarding information required. 11689.105 12/08/2020 JML A 600.00 7.00 4,200.00Continue drafting TCPA Motions in support of eachARCH defense; discuss with John Fischer. 11689.105 12/09/2020 JGF A 595.00 0.30 178.50Exchange of documents and review of same with ARCH co-counsel. 11689.105 12/09/2020 JML A 600.00 5.00 3,000.00Continued preparation of NTPS TCPA motion to ARCH dismiss; legal research regarding same; confer with John Fischer and KK regarding peer review issues; prepare first draft of answer and counterclaims. 11689.105 12/10/2020 JGF A 595.00 1.60 952.00Review Settlement Agreement and original ARCH employment contract and provide summary additional affirmative defense. 11689.105 12/10/2020 JML A 600.00 3.00 1,800.00Call with client to discuss peer review issue; discuss ARCH edits with Margaret Shea; revise answer; modify TCPA motions. 11689.105 12/11/2020 JGF A 595.00 0.10 59.50Exchange correspond ence regarding peer review ARCH documents. 11689.105 12/11/2020 JML A 600.00 2.00 1,200.00Continued editing and preparation ofTCPA ARCH Motions. 11689.105 12/14/2020 MKS A 200.00 2.40 480.00 Review Plaintiffs' Petition; review and revise ARCH Defendant's TCPA motion to dismiss, strengthening arguments and identifying new ones. 11689.105 12/15/2020 MKS A 200.00 2.30 460.00 Review and revise Defendants' TCPA motions to ARCH dismiss; confer with M. Little regarding edits and additional arguments. 11689.105 12/17/2020 JGF A 595.00 . 0.40 238.00Exchange electronic correspondence with client and ARCH co-counsel; telephone conferences with client in seeking for peer review documentation. 11689.105 12/21/2020 JML A 600.00 2.00 1,200.00Prepare Obaid Affidavit; edit and revise drafts of ARCH TCPA Motions based on MS comments; confer with client via email. 11689.105 12/21/2020 JGF A 595.00 0.10 59.50Exchange electronic correspondence with client and ARCH with co-counsel. 11689.105 12/23/2020 JML A 600.00 1.00 600.00 Work to finali ze TCPA responses and answer based ARCH on J. Fischer review and edits; review affidavit. 11689.105 12/23/2020 JGF A 595.00 3.90 2,320.50Review and edit responses of NTPS and Obaid to ARCH Plaintiffs; provide same to co-counsel. 11689.105 12/24/2020 JML A 600.00 0.30 180.00Confer with opposing counsel regarding answer ARCH deadline extension; confer with J. Fischer. 11689.105 12/29/2020 JML A 600.00 6.00 3,600.00Prepare Motion for Summary Judgment on fraud ARCH claims. 11689.105 12/30/2020 JGF A 595.00 4.00 2,380.00Create spreadsheet for the purpose of showing ARCH support for elements of the TM B Complaint as in the NTPS petition to demonstrate prior publication as new defense; including elements of Tosha Jorgensen declaration to demonstrate corroboration with elements of TMB Complaint. 11689.105 12/30/2020 JML A 600.00 1.00 600.00 Refine Motion for Summary Judgment; legal ARCH research on both release and waiver issues. ml Tuesday 04/ 06/ 202 1 72:47 pm Date: 04/06/2021 Detail Transaction File List Page: 2 TRAN FILE LIST Scheef & Stone, L.L.P. Trans H Tcode/ Stmt # Hours Client Date AttyP Task Code Rate to Bill Amount Ref# Client ID 11689.105 North Texas Plastic Surgery, PA 11689.105 12/31/2020 JGF A 1 595.00 4.60 2,737.00Revise/edit suggestions to Motion for Summary ARCH Judgment regarding fraud counts; investigate legal support for illegal contract theory. 11689.105 12/31/2020 JML A 600.00 2.00 1,200.00Make revisions to and finalize Motion for SummaryARCH Judgment; confer with John Fischer regarding same. 11689.105 01/02/2021 JGF A 615.00 4.20 2,583.00Research Texas Rules of Civil Procedure 90 ARCH amendment of 2013 and amendment of 2019 impact on pleading requirements under the notice rule of the state of Texas; draft memo to co-counsel regarding same. 11689.105 01/04/2021 JGF A 615.00 0.90 553.50Exchange multiple electronic correspondence with ARCH co-counsel regarding filing s for the day. 11689.105 01/04/2021 JML A 615.00 4.00 2,460.00Finalize answer, counterclaim, TCPA Motions and ARCH MSJ for filing; review John Fischer's edits; confer with Jeri regarding filing and setting of various motions; review correspondence from insurance company regarding same. 11689.105 01/05/2021 JML A 615.00 0.30 184.50Confer with Jeri regarding hearing scheduling. ARCH 11689.105 01/06/2021 JML A 615.00 0.30 184.50Discuss hearing scheduling with Jeri and ARCH preparation of fiats. 11689.105 01/26/2021 NQI A 125.00 0.60 75.00Download court docket filings; forward hearing date ARCH for docketing. 11689.105 03/08/2021 JML A 615.00 3.00 1,845.00Close review of filings from Ver Halen; confer with ARCH client regarding same; begin preparing for hearing on TCPA/MSJ. 11689.105 03/09/2021 JML A 615.00 2.00 1,230.00Close review of filings from Ver Halen; begin ARCH preparing for Friday hearing on TCPA Motion and Motion for Summary Judgment. 11689.105 03/10/2021 JML A 615.00 5.00 3,075.00Prepare and file omnibus reply; review Motion forARCH Leave to file supplemental declaration. 11689.105 03/11/2021 JGF A 615.00 1.00 615.00 Review Motion from opposing counsel; exchange ARCH electronic correspondence with co-counsel. 11689.105 03/11/2021 JML A 615.00 5.00 3,075.00Continue preparing for hearing; prepare PowerPoint ARCH presentation for oral advocacy; review Motion for Leave; prepare response to Motion for Leave. 11689.105 03/12/2021 JGF A 615.00 2.00 1,230.00Preparation for hearing (review Motions); attend ARCH hearing; post conference with co-counsel and client; brief telephone conference with attorney for T. Jorgensen. 11689.105 03/12/2021 JML A 615.00 3.50 2, 152.50 Prepare for and engage in TCPA hearings on Ver ARCH Halen matter; confer with John Fischer regarding same. 11689.105 03/25/2021 JML A 615.00 0.30 184.50 Receive order on TCPA Motion for Leave; confer ARCH with client regarding same. Subtotal for Fees Billable 91 .60 53,185.00 11689.105 12/31/2020 JGF A 64 0.30 Filing fee 623 PACER ARCH 11689.105 01/04/2021 JGF A 15 123.47 Texas e-File ARCH 11689.105 01/05/2021 JGF A 60 63.00 Computerized legal research ARCH Subtotal for Expenses Billable 0.00 186.77 11689.105 12/21/2020 A 90 119.00 Payment from client funds 11689.100 - thank you ARCH 11689.105 12/21/2020 A 90 Payment 19,941 .50 - thank you - VISA ARCH 11689.105 02/24/2021 A 90 19,829.27Payment - thank you - check 7575 ARCH 11689.105 03/25/2021 A 90 75.00 Payment - thank you - check 7606 ARCH Subtotal for Payments Billable 0.00 0.00 Payments 39,964.77 ml Tuesday 04/ 06/2021 12:47 pm Date: 04/06/2021 Detail Transaction File List Page: 3 TRAN FILE LIST Scheef & Stone, L.L.P. Trans H Tcode/ Stmt # Hours Client Date AttyP Task Code Rate to Bill Amount Ref# Jotal for Client ID 11689.105 Billable 91 .60 53,371.77North Texas Plastic Surgery, PA Pa'iments 39,964.77Matter 105 - Ver Halen v. NTPS GRAND TOTALS Billable 91.60 53,371.77 Payments 39,964.77 ml Tuesday 04/06/2021 72:47 pm