Motion,Ex Parte: JASON EVERETT THOMPSON et al VS. DEAN GREGORY ASIMOS

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                                SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO

Document Scanning Lead Sheet
Oct-18-2013 12:36 pm

 

Case Number: CGC-11-514980
Filing Date: Oct-18-2013 12:36
Filed by: VANESSA WU
Juke Box: 001 Image: 04243056
DECLARATION OF

 

 

 

JASON EVERETT THOMPSON et al VS. DEAN GREGORY ASIMOS

001004243056

Instructions:
Please place this sheet on top of the document to be scanned.Bw N

C. Todd Norris, SBN 181337

Edward D. Winchester SBN 271500
BULLIVANT HOUSER BAILEY PC
601 California Street, Suite 1800

San Francisco, California 94108 San Francisco Catnn, &
Telephone: 415.352.2700 "nerior Cour.
Facsimile: 415.352.2701 OCT 12 on49
E-Mail: todd.norris@bullivant.com ~

Ve ; t CLEF ,
E-Mail: edward.winchester@bullivant.com : EAI ar ! se GUUHI

~ se Dennity Gert
Attorneys for Plaintiffs/Cross-Defendants

JASON EVERETT THOMPSON and WIRED REAL
ESTATE GROUP, INC.

SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO

JASON EVERETT THOMPSON and WIRED | Case No.: CGC-11-514980
REAL ESTATE GROUP, INC.,
DECLARATION OF C. TODD NORRIS
Plaintiffs, IN SUPPORT OF MOTION FOR
ATTORNEY'S FEES

Vv.
Date: November 13, 2013
DEAN GREGORY ASIMOS, dba DRAKE Time: 9:30 a.m.

REALTY, Dept.: 608

Judge: Wallace P. Douglass
Defendant.

AND RELATED CROSS-ACTION. Trial Date: “October 9, 2012

 

 

 

 

I, C. Todd Norris, declare:

1. Iam an attorney with Bullivant Houser Bailey PC, counsel of record for
Plaintiffs Jason Everett Thompson and Wired Real Estate Group, Inc. I am licensed to practice
law in all the Courts of the State of California, and a member in good standing of the California
bar. The following information is true to the best of my knowledge, information and belief, and
if called upon, I could and would competently testify to the matters stated herein.

2. The contract between defendant Dean Asimos and plaintiff Thompson states that
in the event of any litigation between the parties the losing party will be liable for the winning
party’s attorney’s fees. Attached hereto as Exhibit A is a true and correct copy of that

agreement which was introduced as Plaintiff's Exhibit No. 5 at trial.

14095831.1 -1-

 

DECLARATION OF C. TODD NORRIS IN SUPPORT OF MOTION FOR ATTORNEY'S FEESi
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3. Attached hereto as Exhibit B is a true and correct copy of the Judgment entered
on August 22, 2013.

4. Bullivant Houser Bailey’s initial analysis of evidence and issues, drafting the
Complaint, responding to Defendant’s Cross-Complaint, completing discovery, preparing for
trial, trial, and post-trial motions on this matter were accomplished in 657.5 hours of attorney
and paralegal time.

5. As part of Bullivant Houser Bailey’s fee agreement with Thompson, Bullivant
billed Thompson at a discounted rate of $300/hour for attorneys and $175/hour for paralegals.
Had Bullivant billed at its normal rates for each of the attorneys and the paralegal who worked
on this matter, Thompson’s fees would have been approximately $212,025.50 through October
15, 2013. At the discounted rate that Thompson negotiated with Bullivant, his fees instead
came to $180,650.00, a savings of $31,375.00.

6. Attached hereto as Exhibit C is a true and correct copy of Bullivant Houser
Bailey’s time entries in the above entitled action. It is Bullivant’s policy that all time entries are
to be recorded by the individual performing the work at or about the time the work is performed.
I have reviewed these entries and they accurately reflect the work performed and billed to the
client for this matter. Mr. Thompson has been billed for this work through September 2013 and
has paid $172,723.99 in fees to my law firm. The current outstanding balance on his account as
of the date of this declaration is $7,926.10.

7. I supervised this matter from September 2011 through discovery, trial and post-
trial motions. I have over seventeen years of civil litigation experience. I charged Thompson a
billable rate of $300 per hour billed a total of 446.8 hours on this matter as of October 15, 2013
for a total of $134,040.00.

8. Kathleen Keegan is a paralegal at Bullivant Houser Bailey PC and has over
fifteen years of experience in civil litigation. Kathleen Keegan assisted with drafting and
serving of subpoenas, deposition preparation, and trial preparation. Kathleen Keegan was billed
at a rate of $175 per hour and billed 132.8 hours on this matter as of October 15, 2013 for a total

of $23,240.00.

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DECLARATION OF C. TODD NORRIS IN SUPPORT OF MOTION FOR ATTORNEY'S FEES10
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9. Edward D. Winchester is an associate at Bullivant Houser Bailey PC and has
over two years experience in civil litigation as an attorney. Edward D. Winchester assisted with
trial preparation and post-trial motions. Edward D. Winchester was billed at a rate of $300 per
hour and billed a total of 72.60 hours on this matter as of September 4, 2013 for a total of
$21,780.00.

10. Bullivant partners Jess B. Millikan, Andrew B. Downs, Michael M. Ratoza, Of
Counsel Marilyn Raia, and associate William Rusteen also worked on this file as their particular
skills and expertise were required, each at a billable rate of $300, well below their normal rates
with the exception of associate William Rusteen who worked only 1.9 hours on the matter. In
total, those individuals billed 5.3 hours for a total of $1,590.

I declare under penalty of perjury of the laws of the State of California that the foregoing

is true and correct.

Dated: October 1% , 2013

odd Notris

OR

14095831.1 -3-

 

 

 

DECLARATION OF C. TODD NORRIS IN SUPPORT OF MOTION FOR ATTORNEY'S FEESCALIFORNIA

4

& “gS ASSOCIATION INDEPENDENT CONTRACTOR AGREEMENT
Ne, % oF REALTORS® (Between Broker and Associate-Licensee)
Se (C.AR. Form IGA, Revised 04/07)

This Agreement, dated June 4, 2008 is made between is

De: As: ss
(Broker) and
Everett Thompson (‘Associate-Licensee’).
In consideration of the covenants and representations contained in this Agreement, Broker and Associate-Licensee agree as follows:
Ds}

1. BROKER: Broker représents that Broker is duly icensed as a real estate broker by the State of Califomia, ‘doing business as Drake Rea.

 

 

Services (firm name), Bi a sole proprietorship, L] a partnership, or L) a corporation.
Broker is a member of the _* San Francisco, San Mateo County, North Bay County
Association(s) of REALTORS®, and a subscriber lo the MLSListings. Com, Bareis-com Multiple

 

Listing Service(s). Broker shall keep Broker's license current during the tem of this Agreement

2. ASSOCIATE-LICENSEE: AssoclateLicensee represents that: (i) he/she Is duly Iicensed by the State of Califomia as aC) real estate broker,
real estate salesperson, and (i) helshe has not used any other names within the past five years, except

- Associate-Licensee shall keep hisherHoense culTent during
jhe term ofthis Agreement, including satisfying al applicable continuing educalion and provisional license requirements.

3. INDEPENDENT CONTRACTOR RELATIONSHIP:

A. Broker and Assoclate-Licensee Intend that, fo the maximum extent permissible by law: () This Agreement does not constitute an employment
aarcement BY elther party; (8) Broker and Associate-Licensee are independent contracting parties wth Tespect to all services rendered under this
Agreement: and (iil) This Agreement shall not be consinued as a partnership, .

8. Broker shail not (I) restrict Associate-Licensee's activities to particular geographical areas oF fi) dictate Associate-Licensee's activities with regard
to hours, leads, open houses, opportunity or floor time, production, prospects, sales meetings, schedule, Inventory, time off, vacation, or similar
activities, except to the extent required by law. .

 

 

sales, exchanges,.leases, rentals, or other transactions, and in carrying out Associate-Licensee's

Associale-Licensee’s work only, and not as

 

and (Iv) Broker shall not be lable for any obligation or fabiily ineured by Associate-Licensee,

E. Associate-Licensee’s only remuneration shall be the compensation specified in paragraph 8,

F. Associate-Licensee who. only performs as a real estate sales agent, shall not be treated as an employee for state and federal tax Purposes.
However, an Associste-Licencee who performs foan activity shall be treated as an employee for state and federal tax purposes unless the activity
satisfies the Jegal requirements to establish an independent contractor felationship.

G. The fact the Broker may cary worker compensation -insurance for Broker's own benefit and for the mutual benefit of Broker and licensees
associated with Broker, including Associate-Licensee, shall not create an inference of employment.

(Workers: Compensation Advisory: Even thoush Assodale-Licensees may be treated ae independent contractors for tax and other purposes, the

Califomia Labor and Workforce Development Agency considers them to be employees for workers’ compensation purposes. According to the agency,

(i) Broker must obtain workers’ compensation insurance for Associate-Licensees and {il) Broker, not Associate-Licensees, must bear the cost of

workers' compensation insurance. Penalties for failure to cary workers' compensation include, among others, the issuance of Stop-work orders and

fines of up to $1,000 per agent, not to exceed $100,000 Per company.)

4. LICENSED ACTIVITY: All lstings of property, and ali agreements, acts or actions for performance of licensed acts, which are taken or performed in
connection with this Agreement, shail be taken and performed in the name of Broker. Associate-Licensee agrees to and does hereby contribute ail
Tight and title to such listings to Broker for the benefit and use of Broker, Associate-Licensee, and other licensees associated with Broker. Broker Shall}
Imake available to Associate-Licensee, equally wih olher licensees associated with Broker, all current listings in Brokers office, except any listing
which Broker may choose to place in the exclusive servicing of Associate-_Licensee or one or more other specific licensees associated with Broker,
Associate-Licensee shall provide and pay for all professional licenses,

   

familiar, and comply, with all applicable federal, stale and local laws, including, but not limited fo, anti-discrimination laws and restrictions against the
siving or accepting a fee, or other thing of value, for the referral of business to tite companies, escrow companles, home inspection companies, pest
Control companies and other settlement service providers pursuant to the Calfomia Business and Professions Code and the Real Estate Settlement
Procedures Acts (RESPA). Broker shall make available for Associate.Licensee's tse, along with other licensees associated with Broker,
the factities of the real estate office operated by Broker at 340 Lorton avemes te #215 © #208 CA 9401,

s of any other office

 

 

locations made available by Broker Pursuant fo this Agreement.

   
 

‘The copyright laws ofthe United States (Tite'47 U.S. Code) forbid the unauthorized Broker's Initials
‘production of his form, oF any porton thetect, by pholzcopy mache or any ener tated
means, inciuding fecsinie or computerized formals. Copyight © 1950-2007, Associate Licensee's Initials
CALIFORNIA ASSOCIATION OF REALTORS®, INC. ALL RIGHTS RESERVED,

 

 

  

‘CA REVISED 04/07 (PAGE 1 OF 3) Fates
; INDEPENDENT CONTRACTOR AGREEMENT (ICA PAGE 4 OF 3)
‘Agent: Dean Asimos Phone: 650-345-6187 Fax: 650-543-6413 Prepared ush
Broker: Drake Realty 240 Lorton Ave Ste 215, Burlingame CA 94010 TePared using WINForms® Sofware]
EXHIBIT NO.22
DEAN G. ASIMOS
SEPTEMBER 12, 2012
— A J.W. HARBIDGE, CSR
ie2

aN

1, {REVISED 04/07 (PAGE 2 OF 3)

          

     

 

5. PROPRIETARY INFORMATION AND FILES: A)All files and docuinents pertaining fo listings, leads and bansactions are the property of Broker and
Shall be delivered to Broker by Assoctate-Licensee immediately upon request or termination of this Agreement (B) Associate-Licensee acknowledges
that Broker's method of conducting business is a Protected trade secret. (C} Associate-Licensee shail not use to hisher own advantage, or the
advantage of any other person, business, or entity, ExoSPI 28 specifically agreed in writing, either during Associate-Licensee’s association with
Broker, or thereafter, any information gained for or from the business, or files of Broker,

SUPERVISION: Associate-Licensee, within 24 hours (orld BUSINESS PAYS __) after preparing, signing, or Feceiving same, shall submit
{o Broker, or Broker's designated licensee: (i all documents Which may have 2 material effect upon the rights and duties of principals in a transaction,
i) any documents or other items connected with a transaction pursuant to this Agreement in the possession Of oF available to; Associate-Licensee

A. TO BROKER: Compensation shalt be charged to parties who Enter into isting or other agreements for services requiring a real estate license:
© as shown in "Exhibit A* attached, which Is incorporated as a part of this Agreement by reference, or
as follows: 20% Commrssron sprir ro BROKER, DEAN ASIMOS FOR ALI, WIRED REAL ESTATES’ Groups
TRANSACTIONS. ALL COMMISSIONS AND REFERRALS TO EVERET? THOMPSON AND, (OR WIRED

£0 BE PAID THROUGH DRAKE R¥Ar, CES. ALL OTHER R.E. TRAN: on _B.
Any deviation which Is not approved in witing in advoeo by Broker, shall be: (1) deducted 's compensation, if ower thea
the amount or rate approved above; and, (2) subject to Broker approval, if higher than the amount approved above. Any permanent change in
Commission schedule shall be disseminated by Broker to Associate-Licenses,

B. TO ASSOCIATELICENSEE: Associate-Licensee shall receive a share of compensation adually collected by Broker, on listings of other

    
   
 

‘@s shown in "Exhibit BY attached, which is incorporated as. 2 part of this Agreement by reference, or
other: 80% OF GROSS ComuTsstons ORIGINATED BY INDEPENDENT coNTRAC:

  

¥
Broker's Initials M4 ze

 

 
   

Associate-Licensee’s Initials (2 ¢~
RES rey, CAUFORNIA ASSOCIATION OF REALTORS, ING, Reviewed by

 

INDEPENDENT CONTRACTOR AGREEMENT (ICA PAGE 2 OF 3) Everen Thomps

 

 

 

i
i
i
I
i10. DISPUTE RESOLUTION:
A. Mediation: Mediation is recommended as « inethod of resolving disputes arising out ofthis Agreem.it between Broker and Associate-Licensee,
B. Arbitration: All disputes or claims between Associaie-Licensee and other icensee(s) associated with Broker, orbetmeen Associate-Licensee and

Broker, arising from or connected in any way with this Agreement, which cannot be adjusted between the Patties involved, shail be submitted to
the Assocation of REALTORS® of which all such disputing parties are members for asbitration pursuant to the provisions of ie Bylaws, as may be
amended from ime to time, which are incorporated as a part of this Agreement by reference, If the Bylaws of the Association do not cover
arbitration of the dispute, orf the Association dectines jurisdiction over the dispute, then arbitration shall be Pursuant to the rules of Califomia law.
The Federal Atbitration Act, Title 9, U.S. Code, Section 1, et seq,, shall gover this Agreement

14. AUTOMOBILE: Associate-Licensee shall maintaln automobile insurance coverage for lability and Properly damage'in the follwing amounts
3 B _ Broker sholl be named as an additional insured party on Associate-Licensee's policies. A
copy of the endorsement showing Broker as an additional insured shall be provided to Broker,

12 PERSONAL ASSISTANTS: Associate-Licensee may make use of a pefsonal assistant, provided the following requirements are satisfied.
Associate-Licensee shall have a written agreement with the personal assistant which establishes the terms and Tesponsibilities of the parties to the
Employment agreement, inclucing, but not imited to, compensation, supervision and compliance with applicable law, The agreement shall be subject
{0 Broker's review and approval. Unless otherwise agreed, if the personal assistant has a real estate license, that license must be provided to the
Broker. Both Associate-Licensee and personal assistant must sign any agreement that Broker has established for euch purposes,

18. OFFICE POLICY MANUAL: If Broker's office policy manual, now or as modified in the future, conficts with or differs ore the terms of this Agreement,
the terms of the office policy manual shall govern the relationship between Broker and Assoclate-1icensee.

14. INDEMNITY AND HOLD HARMLESS: Associate Licensee agtees to indemnity, defend and hold Broker hamless from al claims, disputes, litigation,
Judgments, awards, costs and altomey's fees, arising from any action taken or omitted by Assodiate-Licensee, or othors working through, or on behalf
of Asso ciate-Licensee in connection with services rendered or to be rendered pursuant to this Agreement. Any such daims or costs payable pursuant
to this Agreement, are due as follows:

1 Paid in full by Associate-Licensee, who hereby agrees to indemnify and hold harmless Broker for all such sums, or FE
© Inthe same ratio as the compensation spit as it existed at the time the compensation was earned by Associale-Liconsee /BRotecae

 

Payment from Associate-Licenses is due at the time Broker makes such payment and can be offset from any compensation due Associate-Licences
as above, Broker retains the authority to settle claims or disputes, whether or not. Assodiate-Licensee consents to such settlement.

15. ADDITIONAL PROVISIONS: Everett Th n_to_carzy his own Exrors and Omm{ssiogs Insurance and to
provide Broker with a copy of such policy

 

16. DEFINITIONS: As used in this Agreement, the following terms have the meanings indicated:
(A) “Listing” means an agreement with a property owner or other party to locate a buyer, exchange party, lessee, or other party to a tansaction
. involving real property, a mobile home, or other property or transaction which may be brokered by a Teal estate licensee, or an agreement with a
: Party to locate or negotiate for any such property or transaction. .
(8) “Compensation” means compensation for acts requiring a real estate license, regardless of whether calculated as a percentage of transaction
price, flat fee, hourly rate, or in any other manner.
(C) “Transaction” means a sale, exchange, lease, or rental of real propetty, a business opportunity, or a manufactured home, which may lawfully be
brokered by a real estate licensee.
47. ATTORNEY FEES: In any action, proceeding, or arbitration between Broker and Associate-Licensee arising from or related to this Agreement, the
Prevalling Broker or Associate-Licensee shall be entitled to reasonable attomey fees and costs,
18. ENTIRE AGREEMENT: All prior agreements between the patties concerning their relationship as Broker and AssociateLicensee are incorporated in
this Agreement, which constitutes the entire contract. ts terms are Intended by the Parties as a final and complete expression of their agreement with

may not be amended, modified, altered, or changed except by a furthet agreement in writing executed by Broker and Associate-Licensee,

         

DD Once manager (check one) ;
Dean Asim: 3 CHE wa S

(Pant sine} fase ee EAL OF
340 Lorton ave #215 Siakeauecsces CH “23
(Address) (City, State, Zip)

Burlingame, CA 94010 : ESO. 2314763

(Clty, State, Zip) (Telephone) (Fax)

650) 343-6187 (650) 343-6413
(Teteptone) Fax)

THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORS® (CAR). NO REPRESENTATION IS MADE AS TO. THE LEGAL VALIDITY OR ADEQUACY OF ANY.
CONSUL Ae ty SPEGEIC TRANSACTION. A REAL ESTATE BROKER IS THE PERSON QUALIFED TO ADVISE ON Ree ees TRANSACTIONS. IF YOU DESIRE LEGAL OR TAX ADVICE,
CONSULT AN APPROPRIATE PROFESSIONAL
ombur ofthe Rance gens jokes tea exo ndsty. Xs none’ i idnty fhe user as a REALTOR®. REALTOR® is reyleradcobectve bership mark whi ev
members of the NATIONAL ASSOCIATION OF REALTORS® who subscrbe to its Code of Ethics, ‘nem "P mark which may be used only ad
1] Published and Distibuted by: .
REAL ESTATE BUSNESS SERVICES, INC,
"| 2 Subsidy ofthe CALIFORNIA ASSOCIATION OF REALTORS®
+ §26 South Virgil Avenue, Los Angeles, Calfomia 90020 Reviewed by

‘Ica REVISED 04/07 (PAGE 3 OF 3)
INDEPENDENT CONTRACTOR AGREEMENT (ICA PAGE 3 OF 3) Everen Thomps

      

 

 

 

 

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C, Todd Norris, SBN 181337

BULLIVANT HOUSER BAILEY PC he v
601 California Street, Suite 1800 Bon Franch x
San Francisco, California 94108 vancisco County Superior Court
Telephone: 415.352.2700 ug
Facsimile: 415.352.2701 AUG 23 2013
E-Mail: todd.norris@bullivant.com CLERK OF THE COURT
BV. VICK! MACK
Deputy Clerk

 

Attorneys for Plaintiffs/Cross-Defendants
JASON EVERETT THOMPSON and WIRED REAL
ESTATE GROUP, INC.

SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO

JASON EVERETT THOMPSON and WIRED | Case No.: CGC-11-514980

REAL ESTATE GROUP, INC., wh v
[AMENDED-PROPOSED] JUDGMENT
Plaintiffs, FOR MONEY DAMAGES,
wt D. DECLARAFORY RELIEF AND
v. PERMANENT INJUNCTION
DEAN GREGORY ASIMOS, dba DRAKE
REALTY,
Defendant.
IAND RELATED CROSS-ACTION. Trial Date: October 9, 2012

 

 

 

Following a court trial on the above-entitled actions and entry of the Court’s Statement
of Decision on May 30, 2013, the Court hereby orders entry of judgment as follows:

IT IS HEREBY ORDERED ADJUDGED AND DECREED:

Judgment is hereby entered in favor of Plaintiff Jason Everett Thompson and against
Defendant Dean Gregory Asimos in the principal sum of $311,100.00 (Astound damages);

Plus $250 (token damages for service mark infringement);

Plus prejudgment interest (on the principal amount of $311,100) in the amount of
$138,688 (10% per annum over a period of 4.458 years, beginning December 31, 2008 and
ending June 15, 2013);

Plaintiff is to recover his costs of suit and attorneys fees to be determined on noticed

14218903.1 -l-

 

 

[AMENDED-PROPOSED] JUDGMENT

Ex %Cm YN DH B® Ww

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motion;
Cross-Defendant Defendant Dean Gregory Asimos is to take nothing against cross-
defendants on his cross-complaint and must bear his own costs of suit, including attorney fees.

IT IS SO ORDERED, ADJUDGED AND DECREED.

AUG 2 2 culs
DATED:
WALLACE P. DOUGLASS
Hon. Wallace P. Douglass
Judge of the Superior Court
RRR
14218903.1 -2-—

 

[AMERDEB-PROPOSED] JUDGMENTBullivant | Houser | Bailey + 300 Pioneer Tower
888 SW Fifth Avenue

Portland, OR 97204-2089

503-228-6351

Fax 503-295-0915

Please include invoice number on remittance

I.D. NO,

EVERETT THOMPSON AND WIRED REAL ESTATE OCTOBER 15, 2013
EVERETT THOMPSON

10327 CHESTNUT SWEET STREET

LAS VEGAS, NV 89131 35603-00001

RE: ASIMOS
REPRESENT CLIENT IN CONNECTION WITH DISPUTE WITH

 

LEGAL SERVICES RENDERED THROUGH 10/14/13 INCLUDING:

DATE OF
SERVICE CHARACTER OF SERVICE
09/12/11 REVIEW EMAILS AND ATTACHMENTS AND CORRESPOND +70 210.00

WITH THOMPSON RE: COMPLAINT, LEGAL ANALYSIS AND
VARIOUS AGREEMENTS WITH ASIMOS;
TODD NORRIS

09/13/11 PREPARE FOR AND ATTEND MEETING WITH E. THOMPSON 1.00 300.00
RE: CASE BACKGROUND AND STRATEGY;
TODD NORRIS

10/05/11 ANALYZE BACKGROUND DOCUMENTS, EMAILS AND LEGAL 1.70 510.00
ISSUES RE: CLAIMS AND REMEDIES RELATED TO
ASIMOS' USE OF COPYRIGHTED MATERIAL AND
TRADEMARKS AND BEGIN DRAFTING COMPLAINT AGAINST
ASIMOS RE: SAME;
TODD NORRIS

10/06/11 DRAFT FACTUAL ALLEGATIONS OF COMPLAINT IN ORDER 1.70 510.00
TO PLEAD SPECIFIC ELEMENTS OF EACH CAUSE OF
ACTION IN ACCORDANCE WITH CALIFORNIA STANDARDS
OF PLEADING;
TODD NORRIS

aeBullivant | Houser | Bailey ec

THOMPSON,

EVERETT AND WIRED REAL ESTATE GROUP, IOCTOBER 15,

FILE NUMBER: 35603-00001

10/07/11

10/09/11

10/10/11

10/10/11

10/12/11

10/17/11

11/16/11

12/13/11

12/14/11

CONTINUE DRAFTING COMPLAINT AGAINST ASIMOS;
TODD NORRIS

SUPPLEMENT AND REVISE ALLEGATIONS OF COMPLAINT
AND PRAYER FOR RELIEF TO CONFORM TO FACTS KNOWN
TO DATE;

TODD NORRIS

RESEARCH CASES CONCERNING FEDERAL AND STATE
JURISDICTION FOR CERTAIN CLAIMS ASSERTED BY
THOMPSON AGAINS ASIMOS;

TODD NORRIS

FURTHER ANALYZE VIABLE CLAIMS AGAINST ASIMOS
AND FINALIZE SUMMONS, COMPLAINT AND PRAYER FOR
RELIEF AND CIVIL COVER SHEET FOR FILING WITH
THE COURT;

TODD NORRIS

OVERSEE AND ATTEND TO ISSUES RE: SERVICE OF
SUMMONS AND COMPLAINT ON ASIMOS;
TODD NORRIS

FOLLOW UP ON ISSUES RE: SERVICE OF SUMMONS AND
COMPLAINT ON ASIMOS AND CORRESPONDENCES AND
CALLS RE: SAME;

TODD NORRIS

TELEPHONE CALL AND EMAILS WITH COUNSEL FOR
ASIMOS AND FOLLOW UP WITH CLIENT RE: EXTENSION
OF TIME TO ANSWER COMPLAINT; DRAFT
CORRESPONDENCE TO ASIMOS' COUNSEL TO CONFIRM
THAT EXTENSION WILL NOT COVER ANY MOTIONS IN
LIEU OF AN ANSWER;

TODD NORRIS

BEGIN WORKING ON RESPONSE TO CROSS-COMPLAINT
AND CORRESPOND WITH CLIENT RE: SAME;
TODD NORRIS

ANALYZE CROSS-CLAIMS BY ASIMOS AND VIABILITY OF
DEMURRER IN ORDER TO ELIMINATE VARIOUS CAUSES
OF ACTION ASSERTED BY ASIMOS BASED PM THE
PLEADINGS ALONE;

TODD NORRIS

300 Pioneer Tower

888 SW Fifth Avenue
Portland, OR 97204-2089
503-228-6351

Fax 503-295-0915

Please include invoice number on remittance

2013

2.50

1.60

+80

2.50

+40

+40

+70

~80

1.50

PAGE

750.00

480.00

240.00

750.00

120.00

120.00

210.00

240.00

450.00

2Bullivant | Houser | Bailey +

THOMPSON,

EVERETT AND WIRED REAL ESTATE GROUP, IOCTOBER 15,

FILE NUMBER: 35603-00001

12/21/11

12/27/11

01/11/12

01/12/12

01/12/12

01/17/12

01/18/12

01/19/12

CONSIDER STRATEGIES FOR OPPOSING
CROSS-COMPLAINT AND EMAIL OPPOSING COUNSEL RE:
EXTENSION TO RESPOND IN LIGHT OF INTERVENING
HOLIDAYS;

TODD NORRIS

WORK ON ISSUES RE: RESPONDING TO
CROSS-COMPLAINT AND STRATEGY FOR RESOLVING
DISPUTE WITH MINIMUM LEGAL EXPENSE;

TODD NORRIS

REVIEW DOCUMENTATION AND PREPARE FOR AND ATTEND
CONFERENCE CALL WITH E. THOMPSON AND SUBSEQUENT
CALL TO OPPOSING COUNSEL IN ORDER TO EXECUTE
CASE STRATEGY;

TODD NORRIS

ANALYZE ISSUES RE: ASIMOS' PURSUIT OF WIRED

REAL ESTATE'S BANK RECORDS AND AUTHORITIES IN

SUPPORT OF WITHOLDING SAME FROM PRODUCTION;
TODD NORRIS

PREPARE FOR AND ATTEND TELEPHONE CALLS WITH

OPPOSING COUNSEL AND BILL GUTIERREZ RE: CASE

MERTIS AND DISBUREMENT OF ASTOUND COMMISSION;
TODD NORRIS

ANALYZE FILE DOCUMENTS AND EVIDENCE IN
PREPARATION FOR NEXT STEPS AND IN ORDER TO
DEVELOP CASE STRATEGY;

TODD NORRIS

FOLLOW UP ON ISSUES RE: COURT'S REJECTION OF
WIRED REAL ESTATE GROUP'S ANSWER TO DRAKE
REALTY'S CROSS-COMPLAINT, DEVELOP CASE STRATEGY
ACCORDINGLY AND CORRESPOND WITH OPPOSING
COUNSEL RE: SAME;

TODD NORRIS

PREPARE FOR DISCUSSION OF MERITS WITH OPPOSING
COUNSEL AND CALL AND DRAFT CORRESPONDENCE TO
HER RE: SAME; DRAFT UPDATE AND CORRESPOND WITH
E. THOMPSON RE: SAME;

TODD NORRIS

300 Pioneer Tower

888 SW Fifth Avenue
Portland, OR 97204-2089
503-228-6351

Fax 503-295-0915

Please include invoice number on remittance

2013

+70

+70

2.20

2.20

1.60

1.20

1.20

PAGE

210.00

210.00

660.00

660.00

480.00

330.00

360.00

360.00

3Bullivant | Houser | Bailey rc

‘THOMPSON,

EVERETT AND WIRED REAL ESTATE GROUP, IOCTOBER 15,

FILE NUMBER: 35603-00001

01/24/12

01/24/12

01/25/12

01/27/12

01/30/12

02/02/12

02/03/12

02/06/12

02/07/12

FOLLOW UP AND ATTEND TO CORRESPONDENCES WITH
OPPOSING COUNSEL RE: DISBURSEMENT OF ASTOUND
COMMISSION AND ASIMOS' FAILURE TO FILE AN
ANSWER TO THE COMPLAINT; CORRESPOND WITH E.
THOMPSON RE: SAME;

TODD NORRIS

PREPARE REQUEST FOR ENTRY OF DEFAULT AGAINST
ASIMOS AND ANALYZE REQUIRED SERVICE ISSUES RE:
SAME;

TODD NORRIS

DRAFT STATUS UPDATE TO E. THOMPSON AND
CORRESPOND WITH OPPOSING COUNSEL RE: NEXT
STEPS;

TODD NORRIS

ANALYZE CASE STRATEGY IN PREPARATION FOR CALL
WITH OPPOSING COUNSEL AND CORRESPOND WITH E.
THOMPSON RE: SAME;

TODD NORRIS

EXCHANGE CORRESPONDENCES WITH E. THOMPSON RE:
CASE STRATEGY;
TODD NORRIS

WORK ON CASE STRATEGY AND ISSUES CONCERNING
ASIMOS' DEFAULT AND DRAFT CORRESPONDENCE TO
OPPOSING COUNSEL RE: PROPOSAL FOR RESOLVING
CASE; EXCHANGE CORRESPONDENCE WITH E. THOMPSON
RE: SAME;

TODD NORRIS

EXCHANGE CORRESPONDENCE WITH E. THOMPSON RE:
DEMAND FOR ASIMOS' RECORDS;
TODD NORRIS

PLAN NEXT STEPS TO GAIN MAXIMUM LEVERAGE

AGAINST ASIMOS AND TO PUT PRESSURE ON HIS

ATTORNEY TO RESOLVE MATTER, EXCHANGE EMAILS

WITH OPPOSING COUNSEL AND THOMPSON RE: SAME;
TODD NORRIS

PLAN DISCOVERY STRATEGY AND THIRD PARTY
SUBPOENAS DESIGNED TO PRESSURE ASIMOS INTO
RESOLVING DISPUTE;

TODD NORRIS

300 Pioneer Tower

888 SW Fifth Avenue
Portland, OR 97204-2089
503-228-6351

Fax 503-295-0915

Please include invoice number on remittance

2013 PAGE 4

+70 210.00

1.20 360.00

+30 90.00
+60 180.00
40 120.00

3.20 960.00

+10 30.00
.80 240.00
+40 120.00Bullivant | Houser | Bailey e

THOMPSON,

EVERETT AND WIRED REAL ESTATE GROUP, IOCTOBER 15,

FILE NUMBER: 35603-00001

02/07/12

02/07/12

02/07/12

02/14/12

02/14/12

02/14/12

02/16/12

02/17/12

02/21/12

02/23/12

BEGIN DRAFTING DISCOVERY REQUESTS TO ASIMOS;
TODD NORRIS

EXCHANGE CORRESPONDENCES WITH OPPOSING COUNSEL
RE: ASIMOS' ONGOING INFRINGEMENT OF THOMPSON'S
‘TRADEMARK ;

TODD NORRIS

EXCHANGE CORRESPONDENCES WITH E. THOMPSON RE:
CASE STRATEGY AND NEXT STEPS;
TODD NORRIS

PREPARE FOR AND ATTEND COURT MANDATED MEET AND
CONFER WITH OPPOSING COUNSEL AND PREPARE AND
FILE CASE MANAGEMENT CONFERENCE STATEMENT BASED
ON SAME IN ANTICIPATION OF MARCH 9 CASE
MANAGEMENT CONFERENCE;

TODD NORRIS

DRAFT CEASE AND DESIST TO OPPOSING COUNSEL RE:
ASIMOS' WILLFUL INFRINGEMENT OF THE WIRED REAL
ESTATE GROUP TRADEMARK;

TODD NORRIS

RESEARCH ON LINKEDIN TO LOCATE FULL PROFILE FOR
DEAN ASIMOS (.1);
KATHLEEN KEEGAN

BEGIN WORK ON DISCOVERY REQUESTS TO ASIMOS,
INCLUDING REQUESTS FOR ADMISSIONS, REQUESTS FOR
PRODUCTION AND INTERROGATORIES;

TODD NORRIS

DRAFT SPECIAL INTERROGATORIES, REQUESTS FOR

PRODUCTION AND REQUESTS FOR ADMISSIONS TO

ASIMOS RE: TRADEMARK INFRINGMENT CLAIMS;
TODD NORRIS

FINISH INITIAL DRAFTS OF REQUESTS FOR

PRODUCTION, REQUESTS FOR ADMISSION, AND FORM

AND SPECIAL INTERROGATORIES AND FORWARD TO E.

THOMPSON WITH COMMENTS AND REQUEST FOR INPUT;
TODD NORRIS

ATTEND TO CORRESPONDENCES RE: DISCOVERY AND
COURT ORDER RE: TRIAL DATE;
TODD NORRIS

300 Pioneer Tower

888 SW Fifth Avenue
Portland, OR 97204-2089
503-228-6351

Fax 503-295-0915

Please include invoice number on remittance

2013

+70

+30

+60

1.80

40

+10

+40

PAGE

210.00

90.00

180.00

540.00

120.00

17.50

900.00

1350.00

1110.00

120.00

5Bullivant | Houser | Bailey »

THOMPSON,

EVERETT AND WIRED REAL ESTATE GROUP, IOCTOBER 15,

FILE NUMBER: 35603-00001

02/29/12

03/05/12

03/09/12

03/16/12

03/22/12

03/22/12

03/26/12

04/03/12

04/04/12

CONTINUE DRAFTING REQUESTS FOR ADMISSIONS AND
REQUESTS FOR PRODUCTION BASED ON INPUT FROM E.
THOMPSON AND FINALIZE AND OVERSEE SERVICE OF
SAME ON ASIMOS;

TODD NORRIS

RECEIPT AND ANALYSIS OF ASIMOS' WRITTEN

DISCOVERY PROUNDED ON PLAINTIFFS AND BEGIN

DRAFTING OBJECTIONS AND RESPONSES THERETO;
TODD NORRIS

PREPARE FOR AND ATTEND CONFERENCE CALL WITH E.
THOMPSON RE: PROPOSED RESPONSES TO ASIMOS'
DISCOVERY REQUESTS;

TODD NORRIS

DRAFT OBJECTIONS AND RESPONSES TO ASIMOS'
REQUESTS FOR PRODUCTION OF DOCUMENTS AND
SPECIAL INTERROGATORIES;

TODD NORRIS

DRAFT REPORT TO E. THOMPSON RE: CASE STATUS AND
TRIAL SETTING;
TODD NORRIS

CONTINUE DRAFTING RESPONSES TO PLAINTIFF'S
DISCOVERY;
TODD NORRIS

DRAFT OBJECTIONS AND PROPOSED RESPONSES TO
PLAINTIFF'S FORM INTERROGATORIES;
TODD NORRIS

REVISE AND SUPPLEMENT RESPONSES TO
INTERROGATORIES AND REQUESTS FOR PRODUCTION AND
PREPARE FOR VERIFICATION BY THOMPSON;

TODD NORRIS

FURTHER DRAFT RESPONSES TO ASIMOS' OUTSTANDING
DISCOVERY AND BEGIN COMPILING RESPONSIVE
DOCUMENTS FOR PRODUCTION;

TODD NORRIS

300 Pioneer Tower

888 SW Fifth Avenue
Portland, OR 97204-2089
503-228-6351

Fax 503-295-0915

Please include invoice number on remittance

2013

1.50

20

PAGE

1140.00

750.00

450.00

840.00

60.00

540.00

2280.00

2010.00

1740.00

6Bullivant | Houser | Bailey r

THOMPSON,

EVERETT AND WIRED REAL ESTATE GROUP, IOCTOBER 15,

FILE NUMBER: 35603-00001

04/10/12

04/12/12

04/17/12

04/17/12

04/18/12

04/19/12

04/24/12

04/30/12

WORK ON STRATEGY FOR RESOLVING CASE IN LIGHT OF
RECENT DEVELOPMENTS AND DRAFT CORRESPONDENCE TO
BARSOTTI RE: DISBURSEMENT OF ASTOUND FUNDS,
BASIS FOR THE CORRECT COMMISSION SPLIT AND
ASIMOS' LIABILITY FOR FAILURE TO FOLLOW DRE
REGULATIONS;

TODD NORRIS

REVIEW AND RESPOND TO CORRESPONDENCES WITH
BARSOTTI RE: MANDATORY MEET AND CONFER EFFORTS
IN ORDER TO PRESERVE WREG'S RIGHTS WITH RESPECT
TO ANTICIPATED CROSS MOTIONS TO COMPEL FURTHER
DISCOVERY RESPONSES;

TODD NORRIS

ANALYZE ASIMOS' RESPONSES TO DISCOVERY AND PLAN
STRATEGY FOR RESOLVING DISPUTE;
TODD NORRIS

DRAFT REPORTS TO THOMPSON RE: STATUS OF ASIMOS'
DISCOVERY RESPONSES AND OPTIONS FOR RESOLVING
CASE;

TODD NORRIS

WORK ON ISSUES RE: SUBPOENA OF ASIMOS'
INSURANCE INFORMATION AND BEGIN WORK ON
SUBPOENA;

TODD NORRIS

REVIEW AND REVISIONS TO DRAFT SUBPOENA FOR
PRODUCTION OF DOCUMENTS TO HAYES INSURANCE
AGENCY AND COORDINATED SERVICE OF SAME WITH
SPECIALIZED LEGAL SERVICES (.6);

KATHLEEN KEEGAN

RECEIPT AND REVIEW OF OPPOSING COUNSEL'S LETTER
THREATENING MOTION TO COMPEL AND DRAFT RESPONSE
IN ORDER TO PRESERVE WREG'S RIGHTS IN THE EVENT
ASIMOS FILES A MOTION AND REPORT TO CLIENT RE:
SAME;

TODD NORRIS

PREPARE FOR AND ATTEND CALL WITH E. THOMPSON
RE: CASE STATUS AND STRATEGY GOING FORWARD;
TODD NORRIS

300 Pioneer Tower

888 SW Fifth Avenue
Portland, OR 97204-2089
503-228-6351

Fax 503-295-0915

Please include invoice number on remittance

2013

1.40

+80

~80

+50

.80

+60

1.00

~80

PAGE

420.00

240.00

240.00

150.00

240.00

105.00

300.00

240.00Bullivant | Houser | Bailey ec

THOMPSON,

EVERETT AND WIRED REAL ESTATE GROUP, IOCTOBER 15,

FILE NUMBER: 35603-00001

04/30/12

04/30/12

05/03/12

05/04/12

05/10/12

05/10/12

05/11/12

05/15/12

05/17/12

FOLLOW UP WITH OPPOSING COUNSEL RE: MOVING CASE
FORWARD BASED ON STRATEGY DISCUSSED WITH E.
THOMPSON;

TODD NORRIS

TELEPHONE CALL FROM PROCESS SERVER REGARDING

SERVICE OF PROCESS ON HAYES INSURANCE AGENCY

AND UPDATE ATTORNEY REGARDING SAME (.1);
KATHLEEN KEEGAN

WORK ON DOCUMENT PRODUCTION IN RESPONSE TO

ASIMOS' REQUESTS FOR PRODUCTION AND CONFER WITH

BARSOTTI RE: PROTECTIVE ORDER; SCHEDULING

SETTLEMENT CONFERENCE AND MOTIONS TO COMPEL;
TODD NORRIS

FURTHER GATHER, REVIEW FOR PRIVILEGE ISSUES AND
PREPARE THOMPSON'S DOCUMENTS FOR PRODUCTION IN
RESPONSE TO ASIMOS' DEMANDS FOR PRODUCTION OF
DOCUMENTS;

TODD NORRIS

APPLICATION TO COURT RE: MOVING MEDIATION TO
JUNE 15 BASED ON FURTHER COMMUNICATIONS WITH
COUNSEL AND CLIENTS;

TODD NORRIS

CORRESPONDENCE WITH OPPOSING COUNSEL RE:
MOTIONS TO COMPEL AND PROTECTIVE ORDER FOR
FINANCIAL RECORDS TO PREVENT THEM FROM BEING
USED OUTSIDE THESE PROCEEDINGS AND STIPULATION
RE: SAME;

TODD NORRIS

EXCHANGE EMAILS WITH OPPOSING COUNSEL RE:
EXTENSIONS ON MOTIONS TO COMPEL AND WORK ON
MOVING UP DATE FOR MEDIAITON;

TODD NORRIS

ATTEND TO CORRESPONDENCES WITH OPPOSING COUNSEL
RE: DISCOVERY RESPONSES;
TODD NORRIS

COMMUNICATE WITH PROCESS SERVER REGARDING

STATUS OF PRODUCTION OF DOCUMENTS BY HAYES

INSURANCE AGENCY, IN RESPONSE TO SUBPOENA (.1);
KATHLEEN KEEGAN

300 Pioneer Tower

888 SW Fifth Avenue
Portland, OR 97204-2089
503-228-6351

Fax 503-295-0915,

Please include invoice number on remittance

2013 PAGE
+40 120.00
+10 17.50

1.70 510.00

1.30 390.00

+40 120.00

1.00 300.00

+40 120.00
+30 90.00
+10 17.50

8Bullivant | Houser | Bailey +

THOMPSON,

EVERETT AND WIRED REAL ESTATE GROUP, IOCTOBER 15,

FILE NUMBER: 35603-00001

05/22/12

05/23/12

05/24/12

05/30/12

05/31/12

06/04/12

06/07/12

06/08/12

06/08/12

06/11/12

FOLLOW UP ON SUBPOENA ISSUED TO HAYES INSURANCE
AGENCY;
TODD NORRIS

FOLLOW UP ON ISSUES AND CORRESPONDENCES RE:
HAYES' REFUSAL TO COMPLY WITH SUBPOENA FOR
ASIMOS' INSURANCE RECORDS;

TODD NORRIS

TELEPHONE CALL FROM DEPOSITION OFFICE REGARDING
DIFFICULTIES ENCOUNTERED IN GETTING HAYES
INSURANCE AGENCY TO PRODUCE DOCUMENTS IN
RESPONSE TO SUBPOENA (.2);

KATHLEEN KEEGAN

FURTHER EFFORTS DEVOTED TO SECURING HAYES!
COMPLIANCE WITH SUBPOENA RE: INSURANCE RECORDS;
TODD NORRIS

CORRESPONDENCES WITH COUNSEL AND CLIENT RE:
ISSUES TO ADDRESS IN ADVANCE OF MEDIATION AND
DISPOSITION OF ASTOUND FUNDS UNTIL THEN;

TODD NORRIS

PREPARE FOR AND MEET WITH E. THOMPSON TO PLAN
FOR MEDIATION;
TODD NORRIS

WORK ON MEDIATION BRIEF;
TODD NORRIS

CONTINUE DRAFTING MEDIATION BRIEF;
TODD NORRIS

FOLLOW UP REGARDING DOCUMENTS SUBPOENAED FROM
WELLS FARGO BANK (.1);
KATHLEEN KEEGAN

COMPLETE DRAFTING SETTLEMENT CONFERENCE

STATEMENT BASED ON INPUT FROM E. THOMPSON AND

ANALYSIS OF POTENTIAL DAMAGES ON BOTH SIDES;
TODD NORRIS

300 Pioneer Tower

888 SW Fifth Avenue
Portland, OR 97204-2089
503-228-6351

Fax 503-295-0915

Please include invoice number on remittance

2013

+50

+80

+20

+70

+80

+10

PAGE

150.00

240.00

35.00

210.00

240.00

450.00

660.00

900.00

17.50

600.00

9Bullivant | Houser | Bailey +

‘THOMPSON,

EVERETT AND WIRED REAL ESTATE GROUP, IOCTOBER 15,

FILE NUMBER: 35603-00001

06/13/12

06/15/12

07/10/12

07/13/12

07/17/12

07/17/12

07/18/12

07/24/12

07/25/12

FOLLOW UP ON VARIOUS ISSUES RE: HAYES
INSURANCE'S COMPLIANCE WITH SUBPOENA AND
ASIMOS' FAILURE TO HAVE INSURANCE REPRESENATIVE
AT MEDIATION;

TODD NORRIS

PREPARE FOR AND ATTEND MEDIATION WITH ARTHUR
LEVY;
TODD NORRIS

EXCHANGE VARIOUS CORRESPONDENCES WITH COUNSEL
AND E, THOMPSON RE: STATUS OF ASTOUND FUNDS AND
RELATED CLAIMS;

TODD NORRIS

CORRESPONDENCE WITH THOMPSON RE: JURY FEES AND
WAIVER OF JURY;
TODD NORRIS

ANALYZE POTENTIAL ISSUES FOR EXPERT TESTIMONY
AND PREPARE DEMAND FOR EXCHANGE OF EXPERT
WITNESS INFORMATION IN ACCORDANCE WITH RULES OF
PROCEDURE IN ORDER TO PREVENT ASIMOS FROM
PRESENTING UNDISCLOSED EXPERT TESTIMONY AT
TRIAL;

TODD NORRIS

ANALYZE ISSUES RE: OUTSTANDING DISCOVERY THAT

ASIMOS HAS FAILED TO RESPOND TO AND DRAFT

REPORT/RECOMMENDATIONS TO THOMPSON RE: SAME;
TODD NORRIS

BEGIN DRAFTING MOTION TO COMPEL FURTHER
RESPONSES TO DISCOVERY IN LIGHT OF ASIMOS'
WAIVER OF OBJECTIONS AND GOOD CAUSE FOR
COMPELLING FURTHER RESPONSES;

TODD NORRIS

WORK ON SEPARATE STATEMENT OF ITEMS IN DISPUTE
IN SUPPORT OF MOTION TO COMPEL;
TODD NORRIS

CONTINUE DRAFTING MOTION TO COMPEL FURTHER
DISCOVERY RESPONSES;
TODD NORRIS

300 Pioneer Tower

888 SW Fifth Avenue
Portland, OR 97204-2089
503-228-6351

Fax 503-295-0915

Please include invoice number on remittance

2013

2.80

~30

+20

+60

2.00

PAGE 10

450.00

840.00

90.00

60.00

180.00

210.00

1140.00

600.00

300.00Bullivant | Houser | Bailey + 300 Pioneer Tower
888 SW Fifth Avenue

Portland, OR 97204-2089

503-228-6351

Fax 503-295-0915

Please include invoice number on remittance

THOMPSON, EVERETT AND WIRED REAL ESTATE GROUP, IOCTOBER 15, 2013 PAGE 11
FILE NUMBER: 35603-00001

07/26/12 DRAFT MOTION TO COMPEL AND PREPARE SUPPORTING 6.40 1920.00
DOCUMENTS AND EXHIBITS;
TODD NORRIS
07/27/12 CONTINUE WORKING ON MOTION TO COMPEL AND 3.70 1110.00

OVERSEE FILING OF SAME;
TODD NORRIS

08/06/12 RECEIPT AND REVIEW OF FURTHER SUBPOENA ON WELLS +30 90.00
FARGO AND CORRESPOND WITH E. THOMPSON RE: SAME;
TODD NORRIS

08/06/12 CORRESPOND WITH BARSOTTI RE: PROTECTIVE ORDER +20 60.00
IN LIGHT OF FURTHER EFFORTS BY ASIMOS TO SECURE
WELLS FARGO STATEMENTS AND DEPOSITED CHECKS;
TODD NORRIS

08/08/12 WORK ON PRETRIAL DEADLINES, TRIAL PLANNING AND 3.00 900.00
REMAINING DISCOVERY TO COMPLETE BEFORE TRIAL;
TODD NORRIS

08/08/12 CONSULTATION WITH T, NORRIS AND ANAYLSIS OF +30 90.00
CLAIMS (0.30);
MICHAEL RATOZA

08/09/12 RECEIPT AND REVIEW OF SUBPOENAS SERVED ON +50 150.00
VERIZON, 12B NETWORKS, BILL ME LATER, UNIFIED
WEBHOSTING AND VERIZON TELEPRODUCTS AND DOCKET
AND CORRESPOND WITH THOMPSON RE: SAME;
TODD NORRIS

08/09/12 PREPARE SET TWO OF SPECIAL INTERROGATORIES, SET 1.50 450.00
TWO OF REQUESTS FOR PRODUCTION, SUPPLEMENTAL
REQUEST FOR PRODUCTION FOR LATER AQUIRED
DOCUMENTS AND SUPPLEMENTAL INTERROGATORY FOR
LATER ACQUIRED INFORMATION;
TODD NORRIS

08/09/12 ANALYZE APPROPRIATE PROVISIONS FOR STIPULATED 1.50 450.00
PROTECTIVE ORDER IN LIGHT OF SAN FRANCISCO
LOCAL RULES, PREPARE STIPULATED PROTECTIVE
ORDER AND CORRESPOND WITH BARSOTTI RE: SAME;
TODD NORRISBullivant | Houser | Bailey rc

THOMPSON,

EVERETT AND WIRED REAL ESTATE GROUP, IOCTOBER 15,

FILE NUMBER: 35603-00001

08/10/12

08/15/12

08/16/12

08/17/12

08/22/12

08/23/12

08/23/12

FURTHER REVISE AND SUPPLEMENT REMAINING WRITTEN
DISCOVERY AND DRAFT REQUIRED DECLARATIONS IN
SUPPORT;

TODD NORRIS

DRAFT REPLY BRIEF IN SUPPORT OF MOTION TO
COMPEL IN ORDER TO RESPOND TO
MISREPRESENTATIONS AND NEW ISSUES RAISED BY
OPPOSING COUNSEL CONCERNING MANDATORY MEET AND
CONFER REQUIREMENTS AND OPPOSING COUNSEL'S
WAIVER OF OBJECTIONS;

TODD NORRIS

REVIEW AND COMMUNICATE WITH BARSOTTI RE:
VERIZON'S PROPOSED STIPULATED PROTECTIVE ORDER;
TODD NORRIS

EXCHANGE CORRESPONDENCES WITH J. BARSOTTI RE:
VERIZON PROTECTIVE ORDER AND E, THOMPSON RE:
ASIMOS DEPOSITION AND NOTICE SAME;

TODD NORRIS

REVIEW AND DRAFT COUNTER EXPERT DESIGNATION IN
RESPONSE TO ASIMOS' EXPERT DISCLOSURE; PREPARE
PROPOSED ORDER IN LIGHT OF TENTATIVE RULING
GRANTING MOTION TO COMPEL; EXCHANGE
CORRESPONDENCE AND TELEPHONE CALL TO WITH
THOMPSON RE: EXPERT ISSUES AND DISCOVERY
MATTERS;

TODD NORRIS

ATTEND HEARING ON MOTION TO COMPEL AND OBTAIN
ORDER THEREON;
TODD NORRIS

DRAFT CORRESPONDENCE TO BARSOTTI RE: ORDER ON
MOTION TO COMPEL AND PREPARE AND SERVE FORMAL
NOTICE OF ENTRY OF ORDER TO START CLOCK ON
ASIMOS' TIME TO RESPOND; DRAFT CORRESPONDENCE
TO BARSOTTI RE: STIPULATION TO DESIGNATION OF
THOMPSON AS EXPERT AT TRIAL; FURTHER PREPARE
EXPERT DISCLOSURE FOR THOMPSON AND REQUIRED
DECLARATION IN SUPPORT THEREOF;
TODD NORRIS

300 Pioneer Tower

888 SW Fifth Avenue
Portland, OR 97204-2089
503-228-6351

Fax 503-295-0915

Please include invoice number on remittance

2013

4.00

.30

+70

4.00

1.80

PAGE 12

1200.00

750.00

90.00

210.00

1200.00

540.00

750.00Bullivant | Houser | Bailey rc

THOMPSON,

EVERETT AND WIRED REAL ESTATE GROUP, IOCTOBER 15,

FILE NUMBER: 35603-00001

08/29/12

08/30/12

09/04/12

09/04/12

09/05/12

09/06/12

09/07/12

09/10/12

09/10/12

09/11/12

PREPARE NOTICE OF ENTRY OF ORDER RE: ATTORNEYS

EYES ONLY DOCUMENTS AND LETTER TO BARSOTTI

REQUESTING DOCUMENTS OBTAINED THROUGH SUBPOENAS

AND DESIGNATING SAME AS ATTORNEYS EYES ONLY;
TODD NORRIS

TELEPHONE CALL WITH BARSOTTI RE: IDENTITIES OF
ADDITIONAL PARTIES SHE HAS SUBPOENAED WITHOUT
NOTICE; DRAFT OBJECTIONS TO THOMPSON DEPOSITION
NOTICE AND REQUEST FOR DOCUMENTS; REPORT ON
SAME TO THOMPSON;

TODD NORRIS

CORRESPONDENCES WITH J. BARSOTTI RE: COMPLETING
DEPOSTIONS AND THREATENED EX PARTE TO COMPEL
THOMPSON DEPOSITION;

TODD NORRIS

PREPARE FOR DEPOSITION OF DEAN ASIMOS;
TODD NORRIS

WORK ON TRIAL PREP DEADLINES AND ISSUES AND
CORRESPOND WITH OPPOSING COUNSEL RE: SAME IN
COMPLIANCE WITH CODE;

TODD NORRIS

BEGIN PREPARING FOR ASIMOS AND THOMPSON
DEPOSITIONS;
TODD NORRIS

PREPARE FOR ATTEND DEPOSITION OF FRANZ
SEIDELHUBER;
TODD NORRIS

INITIAL REVIEW OF ASIMOS' AMENDED DISCOVERY
RESPONSES AND CORRESPONDENCE WITH BARSOTTI RE:
SAME;

TODD NORRIS

DRAFT OPPOSITION AND DECLARATION IN OPPOSITION
WITH EXHIBITS TO ASIMOS' MOTION FOR
RECONSIDERATION;

TODD NORRIS

MEETING WITH E, THOMPSON IN PREPARATION FOR HIS
DEPOSITION;
TODD NORRIS

300 Pioneer Tower

888 SW Fifth Avenue
Portland, OR 97204-2089
503-228-6351

Fax 503-295-0915

Please include invoice number on remittance

2013

«70

1.50

+30

+30

5.00

2.00

PAGE 13

210.00

450.00

90.00

2250.00

1200.00

750.00

1050.00

90.00

1500.00

600.00Bullivant | Houser | Bailey rc

THOMPSON, EVERETT AND WIRED REAL ESTATE GROUP, IOCTOBER 15,
FILE NUMBER: 35603-00001

09/11/12 DEFEND THOMPSON DEPOSITION;
TODD NORRIS

09/11/12 PREPARE FOR ASIMOS DEPOSITION;
TODD NORRIS

09/11/12 IN PREPARATION FOR THE DEPOSITION OF DEAN
ASIMOS, ANALYSIS OF DISCOVERY DOCUMENTS TO
IDENTIFY ALL DISCOVERY RESPONSES OF DEAN ASIMOS
AND PREPARE SAME AND OTHER DOCUMENTS FOR USE AS
DEPOSITION EXHIBITS; PREPARE ATTORNEY WORKING
NOTEBOOK OF ASIMOS' DISCOVERY RESPONSES AND
TABLE OF CONTENTS RE SAME (6.1)

KATHLEEN KEEGAN

09/12/12 PREPARE FOR AND DEPOSE DEAN ASIMOS;
TODD NORRIS

09/12/12 CONTINUE PREPARATION OF EXHIBITS FOR THE
DEPOSITION OF DEAN ASIMOS (2.9);
KATHLEEN KEEGAN

09/13/12 FURTHER PREPARE FOR AND TAKE DEPOSITION OF
ASIMOS;
TODD NORRIS

09/17/12 ANALYZE ASIMOS' REPLY BRIEF RE: MOTION FOR
RECONSIDERATION IN ANTICIPATION OF HEARING ON
SAME;
TODD NORRIS

09/17/12 ANALYZE ITEMS TO BE COMPLETED BEFORE TRIAL,
PLAN FOR COMPLIANCE WITH PRETRIAL DEADLINES AND
BEGIN DRAFTING PRE-TRIAL REPORT TO THOMPSON RE:
SAME;
TODD NORRIS

09/18/12 PREPARE FOR AND WORK ON ISSUES RELATED TO
EXPERT DEPOSITIONS, NOTICE TO ATTEND TRIAL AND
MEET AND CONFER CORRESPONDENCES WITH OPPOSING
COUNSEL RE: SAME;
TODD NORRIS

300 Pioneer Tower

888 SW Fifth Avenue
Portland, OR 97204-2089
503-228-6351

Fax 503-295-0915

Please include invoice number on remittance

2013

+80

PAGE 14

1800.00

600.00

1067.50

2850.00

507.50

2250.00

240.00

1350.00

1080.00Bullivant | Houser | Bailey rc

‘THOMPSON,

EVERETT AND WIRED REAL ESTATE GROUP, IOCTOBER 15,

FILE NUMBER: 35603-00001

09/18/12

09/19/12

09/19/12

09/20/12

09/20/12

09/20/12

09/20/12

ANALYSIS OF CASE DOCUMENTS AND ORGANIZATION OF
SAME IN PREPARATION FOR UPCOMING TRIAL,
TELEPHONE COMMUNICATION WITH REPORTERS OF
ASIMOS, THOMPSON AND SEIDELHUBER DEPOSITIONS
AND VIDEOGRAPHER TO COORDINATE RECEIVING COPIES
OF ALL TRANSCRIPTS EXHIBITS AND VIDEO, AND
UPDATED MR. NORRIS REGARDING SAME (3.2)
KATHLEEN KEEGAN

TRIAL PREP INCLUDING NOTICES TO APPEAR AT
TRIAL, PLANNING FOR EXHIBITS AND USE OF
DEPOSITION TRANSCRIPTS, GUTIERREZ SUBPOENA AND
LETTER, CORRESPONDENCES WITH OPPOSING COUNSEL
RE: REMAINING DEPOSITIONS, OUTSTANDING
DISCOVERY ITEMS, HEARING ON MOTION FOR
RECONSIDERATION, ETC.

TODD NORRIS

TELEPHONE AND EMAIL COMMUNICATING WITH COURT
REPORTERS REGARDING TRANSCRIPTS FROM THE
DEPOSITIONS OF SIDLEHUBER, THOMPSON, AND ASIMOS
(.6); COMMENCED PREPARATION OF DISCOVERY
NOTEBOOKS FOR TRIAL (.8);

KATHLEEN KEEGAN

ANALYZE EXPERT TESTIMONY ISSUES
ANDREW DOWNS

FOLLOW UP ON SCHEDULING MATTERS RE: MOVING
HEARING DATE IN ORDER TO ACCOMODATE SCHEDULES
FOR EXPERT DEPOSITIONS;

TODD NORRIS

WORK ON PREPARATION OF TRIAL EXHIBITS FOR
TRIAL, WITNESS SUBPOENAS AND WITNESS LIST WITH
REQUIRED DESCRIPTIONS IN COMPLIANCE WITH LOCAL
RULES; FURTHER PRETRIAL PLANNING IN ACCORDANCE
WITH UPCOMING DEADLINES;

TODD NORRIS

ANALYZE ISSUES RE: ASIMOS' BANKRUPTCY AND

POTENTIAL IMPACT OF AUTOMATIC STAY ON OUR CASE

AS WELL AS DEFICIENCIES IN ASIMOS' DISCOVERY

RESPONSES IN LIGHT OF HIS BANKRUPTCY PETITION;
TODD NORRIS

300 Pioneer Tower

888 SW Fifth Avenue
Portland, OR 97204-2089
503-228-6351

Fax 503-295-0915

Please include invoice number on remittance

2013

3.20

1.40

+20

+30

PAGE 15

560.00

1350.00

245.00

60.00

90.00

1710.00

600.00Bullivant | Houser | Bailey + 300 Pioneer Tower
888 SW Fifth Avenue

Portland, OR 97204-2089

503-228-6351

Fax 503-295-0915

Please include invoice number on remittance

THOMPSON, EVERETT AND WIRED REAL ESTATE GROUP, IOCTOBER 15, 2013 PAGE 16
FILE NUMBER: 35603-00001

09/20/12 IN PREPARATION FOR TRIAL, CONTINUE ANALYSIS AND 4.20 735.00
ORGANIZATION OF CASE DOCUMENTS WHICH INCLUDED
ANALYSIS AND ORGANIZATION OF DOCUMENT
PRODUCTIONS, DISCOVERY DOCUMENTS, PLEADINGS,
CORRESPONDENCE, ATTORNEY NOTES, DOCUMENTS USED
IN PREPARATION FOR DEPOSITIONS, AND POTENTIAL
TRIAL EXHIBITS (4.2);
KATHLEEN KEEGAN

09/21/12 WORK ON TRIAL STRATEGY FOR OBJECTING TO DEMAND +40 120.00
FOR PRODUCTION OF CLIENT CONTRACTS AT TRIAL;
JESS MILLIKAN

09/21/12 WORK ON QUESTIONS FOR ASIMOS EXPERT DEPOSITION; +80 240.00
TODD NORRIS
09/21/12 DISCUSSIONS WITH BANKRUPTCY TRUSTEE RE: ACTION 2.50 750.00

TO TAKE IN LIGHT OF ASIMOS' BANKRUPTCY AND
IMPACT ON UPCOMING TRIAL DATE; DRAFT
CORRESPONDENCES RE: SAME;

TODD NORRIS

09/21/12 WORK ON TRIAL STRATEGY RE: PRESENTATION OF 4.50 1350.00
EVIDENCE IN SUPPORT CLAIMS AND ASSESMENT OF
NEED TO PRESENT THIRD-PARTY CONTRACTS AND
STRATEGY FOR DOING SAME IN LIGHT OF
CONFIDENTIALILTY CONCERNS;
TODD NORRIS

09/21/12 ANALYSIS OF POTENTIAL TRIAL EXHIBITS WHICH 5.60 980.00
INCLUDED DEPOSITION EXHIBITS, SERVICES
AGREEMENTS, DOCUMENTS. FROM DEPOSITION PREP,
AND COMMENCED PREPARATION OF DRAFT TRIAL
EXHIBIT LIST ( 3.9); ADDITIONAL COMMUNICATION
WITH COURT REPORTERS TO OBTAIN ROUGH DRAFTS OF
TRANSCRIPTS OF ASIMOS, THOMPSON AND SEIDLEHUBER
(.4); ANALYSIS OF DISCOVERY REQUESTS AND
RESPONSES AND CONTINUE PREPARATION OF TRIAL
NOTEBOOKS OF SAME (1.3);

KATHLEEN KEEGAN

09/22/12 PREPARE FOR EXPERT DEPOSITIONS OF ASIMOS AND 1.70 510.00
THOMPSON IN LIGHT OF ANTICIPATED EXPERT ISSUES
FOR TRIAL AND PRIOR DEPOSITION TESTIMONY OF
EACH;
TODD NORRISBullivant | Houser | Bailey rc 300 Pioneer Tower
888 SW Fifth Avenue

Portland, OR 97204-2089

503-228-6351

Fax 503-295-0915

Please include invoice number on remittance

THOMPSON, EVERETT AND WIRED REAL ESTATE GROUP, IOCTOBER 15, 2013 PAGE 17
FILE NUMBER: 35603-00001

09/24/12 CONTINUE PREPARATION FOR TRIAL WHICH INCLUDED 6.60 1155.00
IDENTIFICATION OF ALL DISCOVERY PROPOUNDED BY
BOTH PARTIES AND RESPONSES TO SAME, AND
PREPARATION OF DISCOVERY NOTEBOOKS FOR TRIAL
(2.2); ANALYSIS OF DOCUMENTS FOR USE AS TRIAL
EXHIBITS, INCLUDING ALL DISCOVERY DOCUMENTS,
DOCUMENTS USED IN PREPARING FOR DEPOSITIONS,
DOCUMENTS INTRODUCED AS DEPOSITION EXHIBITS,
AND IDENTIFIED RELEVANT INFORMATION FOR
INCLUSION ON TRIAL EXHIBIT LIST, DRAFT TRIAL
EXHIBIT LIST (4.4);

KATHLEEN KEEGAN

09/25/12 PREPARE FOR AND ATTEND EXPERT DEPOSITIONS OF 9.50 2850.00
DEAN ASIMOS AND EVERETT THOMPSON;
TODD NORRIS

09/25/12 CONTINUE ANALYSIS OF POTENTIAL TRIAL EXHIBITS 6.00 1050.00
AND IDENTIFIED INFORMATION FOR INCLUSION IN
TRIAL EXHIBIT LIST, ANALYSIS OF ROUGH DRAFT OF
ASIMOS DEPOSITION TRANSCRIPT TO IDENTIFY
ADDITIONAL EXHIBITS, CONTINUE UPDATING DRAFT
TRIAL EXHIBIT LIST, PREPARE DOCUMENTS FOR USE
AS TRIAL EXHIBITS; UPDATE CASE FILE (4.5);
ANALYSIS OF PLEADINGS AND IDENTIFY AND PREPAR