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CAUSE NO. 2016-86829
FIRST BANK, § IN THE DISTRICT COURT OF
Plaintiff §
§
vs. § HARRIS COUNTY, TEXAS
§
KOPPER FUNDING CORPORATION and §
NICOLAS M. BAZAN, P.C., §
Defendants. § 165™ JUDICIAL DISTRICT
DEFENDANTS’ OBJECTIONS TO THE DESIGNATION OF THE PLAINTIFFS’
EXPERT WITNESSES
TO THE HONORABLE JUDGE OF SAID COURT:
Comes now Defendants, Kopper Funding Corporation, Nicolas M. Bazan, P.C and
Nicolas M. Bazan, Individually, (hereinafter Defendants) and brings this their objections to
Plaintiff First Bank’s, (hereinafter Plaintiff) designation of expert witnesses and would show
the Court as follows:
i, Defendants’ object to the “expert” designation of Donald Turbyfill and Vicki Hart as
experts on attorney’s fees in this case, as their methodology of arriving at what they allege
to be reasonable and necessary attorney’s fees in this matter, is fundamentally and fatally
flawed. See Pink v. Goodyear Tire & Rubber Co., 324 S.W.3d 290, 299-300 (Tex.App.-
Beaumont 2010, pet. dism'd) (“The examination of an expert's methodology, technique, or
foundational data is a task for the trial court in its role as gatekeeper”, (quoting Coastal
Transp. Co. v. Crown Cent. Petroleum Corp., 136 S.W.3d 227, 233 (Tex.2004)).
Defendants Objections to Plaintiff's Expert Witness Designations — Page 12. Defendants’ would show that the Plaintiff's expert testimony relating to attorney’s fees
is flawed and unreliable because the Plaintiff has, (both before and during this litigation),
made excessive demands of the Defendants, by demanding payment on Defendants’
alleged debt that included a significant amount of late fees that had been waived by
Plaintiff, First Bank. First Bank agreed to “waive all late fees”, without reservation,
related to the alleged debt in question in this case in December of 2013. Instead of
demanding payment of amounts allegedly due without the late fees, the Plaintiff first
demanded an excessive amount of money pre-suit, that included amounts that they were
not owed that included, but were not limited to, the late fees that had been waived. After
the Defendants’ refusal to pay the excessive, usurious and coercive amounts demanded,
the Plaintiff then filed this law suit, demanding the same improper and excessive amounts.
The Plaintiff has thus improperly litigated this case with attorneys, throughout the filing of
this motion, based on the excessive amount demanded.
3. In general, when a creditor makes an excessive demand on a debtor, that creditor will
not be allowed attorney's fees for prosecuting his excessive claim. See Findlay v. Cave,
611 S.W.2d 57, 58 (Tex.1981). See Collingsworth v. King, 155 Tex. 93, 283 S.W.2d 30
(1955); Ingham v. Harrison, 148 Tex. 380, 224 S.W.2d 1019, 1022 (1949); Warrior
Constructors v. Small Business Inv. Co. of Houston, 536 S.W.2d 382, 386 (Tex.Civ.App.
Houston (14th Dist.) 1976, no writ). A demand is “excessive’ when the claimant acted.
unreasonably or in bad faith. See Allstate Ins. Co. v. Lincoln, 976 S.W.2d 873, 876
(Tex.App.-Waco 1998, no pet.).“Without addressing bad faith, we conclude appellant's
demand upon appellee was unreasonable. Even though provided for in the contract,
demanding double holdover rent when that clause had been manifestly waived for over
Defendants Objections to Plaintiff's Expert Witness Designations — Page 2four years, is unreasonable ... If a claimant demands monies to which he is not entitled,
that demand is unreasonable and consequently excessive. See Wayne v. A.V.A. Vending,
Inc. 52 S.W.3d 41 Tex. App.-Edinburg, 2001) (emphasis added). As such, the demand for
any amount of money that had been expressly waived by the Plaintiff in this case, appears
to be, as a matter of law, an excessive demand which disqualifies any recovery of attorney’s
fees in this matter. See Id. As such the Plaintiff's designation is fatally flawed. See Id.
4, In addition, the Plaintiff's attorneys are attempting to charge attorney fees for issues
where they were ultimately unsuccessful, including but not limited to charging attorney
fees related to their months long, frivolous objections to the Defendants’ Requests for
Production, which 15 months later is still not resolved It took the Defendants’ months to
get any meaningful responses at all (in May of 2018), from discovery propounded in the
summer of 2017. In addition, the Defendants’ had to engage in a panoply of ultimately
successful motion practice, relating to the improper litigation tactics of the Plaintiff from
April of 2017-June of 2018, that were designed to not only get the “responses” to discovery
listed above (which are still incomplete) but to also continue a setting of the Plaintiff's
improper and premature summary judgement motion, that demanded a summary judgment
be granted before the Defendants received any meaningful discovery. See alleged attorney
fees itemization of Plaintiff attached as Exhibit “A”: Defendants’ would show that a
majority of the attorney’s fees “churned” by the Plaintiff's attorneys in this case, stem
from the Plaintiffs above listed improper and simultaneously obstructionist/Rambo
litigation tactics. The Plaintiff cannot engage in an unreasonable litigation tactic, and
then expect to be compensated for it when that litigation tactic is unsuccessful See Kurtz
v. Kurtz 158 S.W.3d 1, (Tex. App. Houston (14th Dist), 2004). The Plaintiff's attorney
Defendants Objections to Plaintiff's Expert Witness Designations — Page 3fees methodology is therefore, once again, flawed, and the Plaintiff should not be
compensated for same as the fees charged are not reasonable or necessary. See Id.
5. Furthermore, the designation of the expert witnesses on attorney’s fees does not include
any analysis regarding the coercive nature of the claims being made by the Plaintiff, nor
any analysis contesting the allegations of the Defendants such as, but not limited to
novation and/or conspicuousness of the alleged attorneys’ fees clause on the alleged notes
and other signed documents in this case.
PRAYER
6. The Defendants object to the designation of the Plaintiff's expert witnesses in this case
as argued above and would pray that the expert designated be struck as being unreliable
and/or their testimony be limited in accordance with the argument and case law above and
for such other and further relief as the Defendants show themselves to be justly entitled.
Respectfully submitted,
: Bagh
‘tate Bar No. 41944600
14614 Falling Creek, Ste. 150
Houston, Texas 77068
(281) 444-3600 Telephone
(281) 444-3670 Facsimile
Email: notify@nmblaw.com
Attorney for Kopper Funding Corporation
Nicolas M. Bazan, P.C. and Nicolas M.
Bazan, Indv.
Defendants Objections to Plaintiff's Expert Witness Designations — Page 4CERTIFICATE OF SERVICE
I certify that on October 1, 2018, a copy of the above style motion has been served on the
party listed below electronically.
Via Electronic Service
Donald L. Turbyfill
Vicki W. Hart
DEVLIN, NAYLOR & TURBYFILL, P.L.L.C.
5120 Woodway, Suite 900
Houston, Texas 77056-5825
Lt : [A
Nicolas A Bazan
Defendants Objections to Plaintiff's Expert Witness Designations — Page 5FB-KOPPER
FIRST BANK
523124269975
Bill to:
CCA DONALD L. TURBYFILL
RAL DONALD L. TURBYFILL
CURRENT PERIOD AND HISTORY PRE-BILLING LEDGER Run On 08/30/18 01/01/81-08/30/18 Page 001/001
FIRST BANK
STEFANI DRURY
M1-800-085
11901 OLIVE BLVD
ST. LOUIS MO
Ca Tpl COMMERCIAL
63141-8079
Opened 01/20/16 Closed n/a Posted 08/16/18
Last Payment 08/22/18 1,874.39
Name of matter: KOPPER FUNDING CORPORATION;
NICOLAS MANUEL BAZAN
Account Number @aggURaNBIR975
Stefani.Drury@fbol.com
Status Codes None Alt Bill Fmt ##7
Finance Charges N FBCC CBCC Rate Cd WB
Sales Tax None
Ret Acct Min 0 No auto transfers chosen
Unbilled only N
FEES FEES
Date Emp = Hours Dollars Gp
01/19/16 DLT 0.20 37.00 BP Email to and from W. Ballenger re: preparation of forbearance agreement,
additional documents needed;
01/19/16 DLT 0.50 92.50 BP E-mail to and from W. Ballenger re: preparation of forbearance
agreement;
01/20/16 DR 1.50 277.50 | BP Draft Forbearance Agreement;
01/22/16 DLT 0.70 129.50 BP Draft revisions to proposed Forbearance Agreement;
02/01/16 DR 1.00 185.00 BP Draft final revisions to Forbearance Agreement;
02/02/16 DLT 0.20 37.00 BP E-mail to W. Ballenger re: transmitting proposed Forbearance Agreement;
12/12/16 DLT 0.20 37.00 BP E-mail, W. Ballenger re: breach of Forbearance Agreement, preparation of
suit against borrower ‘and guarantor;
12/16/16 vwH 0.50 92.50 BP Review client documents in preparation to file suit;
12/16/16 vwH 2.80 518.00 BP Draft Plaintiff's Original Petition;
12/19/16 AB 0.20 16.00 BP Complete civil case information sheet; prepare petition for e-fiing;
12/19/16 AB 0.40 32.00 BP E-file Plaintiff's Original Petition with Discovery Requests;
12/19/16 DLT 0.50 92.50 BP Review and revise Plaintiff's Original Petition;
12/19/16 vwH 0.30 55.50 BP Draft final revisions to Plaintiff's Original Petition;
12/20/16 AB 0.10 8.00 BP Email to W. Ballenger forwarding file-stamped copy of petition;
12/27/16 AB 0.40 32.00 BP Receive and review citations from Harris County District Clerk;
correspondence to Ace Process Service; service agent picked up process
from DNT on 12-27-16;
01/04/17 AB 0.10 8.00 BP Phone from Ace Process Service; Defendant has made arrangements to meet
him today to accept citations;
01/07/17 AB 0.10 8.00 BP Email to W. Ballenger forwarding copy of petition and advising
defendants served 1-5-17;
01/12/17 AB 0.10 8.00 BP Receipt and initial review of served citation returns from Ace Process;
01/12/17 vw 0.20 37.00 BP Review Returns of Citation for sufficiency;
01/18/17 AB 0.20 16.00 BP E-file citation service returns with clerk;
01/30/17 vwH 0.20 37.00 BP E-mails from and to Bazan re: extension of time to file Defendants’
Answer;
01/30/17 vwH 0.20 37.00 BP E-mails to and from client re: authorization to extend time for
_ EXHIBITFB-KOPPER CURRENT PERIOD AND HISTORY PRE-BILLING LEDGER Run On 08/30/18 01/01/81-08/30/18 Page 002/002
FIRST BANK KOPPER FUNDING CORPORATION;
Date Emp Hours Dollars Gp
Defendant to Answer;
02/28/17 AB 0.10 8.00 BP Receipt and initial review of Answer filed on behalf of Defendants;
03/01/17 vwH 0.10 18.50 BP Receipt and review of Answer filed by Defendants;
03/01/17 vwH 0.20 37.00 BP Phone from N. Bazan re: possible settlement;
03/01/17 vwa 0.20 37.00 BP E-mails from and to N. Bazan re: extension to respond to Request for
Disclosure;
03/02/17 AB 0.10 8.00 BP Email to W. Ballenger forwarding copy of Answer filed on behalf of
defendants; wt tne
03/03/17 vwH 0.20 37.00 BP E-mails to and from Defendants re: extension to respond to Request for
Disclosure;
03/03/17 vwH 0.20 37.00 BP Receipt, review and sign Rule 11 Agreeemnt re: extension to respond to
Request for Disclosure submittted by Defendant;
03/20/17 vwH 1.80 333.00 BP Draft Requests for Admissions to Defendants;
03/22/17 AB 0.30 24.00 BP &-file Certificate of Written Discovery; e-serve Certificate and
Requests for Admissions to Bazan, P.C. and Kopper Funding Corporation;
04/12/17 vw 0.20 37.00 BP Review file re: status of discovery in preparation to draft Motion for
Summary Judgment;
04/20/17 vwa 0.30 55.50 BP E-mails from and to Bazan re: extension of time to respond to Requests
for Admissions;
04/21/17 vwH 0.20 37.00 BP Receipt and review of Defendant's Motion to Extend Time to Respond to
Plaintiff's Requests for Admission;
04/24/17 vwH 0.20 37.00 BP E-mails to and from office of Bazan re: service of Notice of Hearing on
Bazan's Motion for Emergency Hearing;
04/24/17 vw 0.20 37.00 BP Receipt and review of Notice of Hearing on Bazan's Motion for Extension
of Time to Respond to Written Discovery;
04/27/17 AB 0.30 24.00 BP Prepare file for attorney appearance at hearing on Defendants! Motion to
Extend Time to Respond to Plaintiff's Discovery set 5-1-17;
05/01/17 AB 0.20 16.00 BP Receipt and initial review of Responses by Kopper Funding and N. Bazan
to client's Request for Disclosures served with petition on 1-5-17;
05/01/17 vwa 0.50 92.50 BP Review file and prepare for hearing on Defendant's Motion to Extend Time
to Respond to Requests for Admissions; .
05/01/17 vwH 1.50 277.50 BP To courthouse to appear at hearing on Defendant's Motion to Extend Time;
05/24/17 vw 0.20 37.00 BP Phone, attorney for Defendants re Defendant's Response to Request for
Admissions;
05/25/17 DLT 0.20 37.00 BP Review Defendants' Response to First Bank's Request for Admissions;
05/25/17 vw 0.20 37.00 BP Receipt and initial review of Responses to Requests for Admissions
xeceived from Defendants;
06/02/17 AB 1.20 96.00 BP Draft Plaintiff's Motion for Summary Judgment and Affidavit in Support
of Motion for Summary Judgment for attorney review;
06/07/17 DR 4.20 777.00 BP Draft additional revisions to Motion for Summary Judgment with
affidavits, judgment and supporting documents;
06/07/17 DR 0.60 111.00 BP E-mails, W. Ballenger re: additional information needed for Motion for
Summary Judgment;
06/08/17 AB 0.50 40.00 BP Redact and label exhibits for summary judgment motion;
06/09/17 DR 0.60 111.00 BP E-mails, W. Ballenger re: Affidavit in Support of Motion for Summary
Judgment ;
06/09/17 DR 0.30 55.50 BP Draft additional revisions to Motion for Summary Judgment;
06/13/17 DR 0.30 55.50 BP E-mail, W. Ballenger re: Affidavit in Support of Motion for Summary
Judment;
06/14/17 DR 0.10 18.50 BP Review executed Affidavit in Support of Motion for Final SummaryFB-KOPPER
FIRST BANK
Date Emp
06/14/17
06/15/17
06/15/17
06/23/17
06/23/17
06/26/17
06/26/17
06/29/17
07/03/17
07/05/17
Bg tig ss eg gs
07/07/17
07/07/17
07/07/17
oy
u
55
07/10/17
07/10/17
07/11/17
07/18/17
07/26/17
07/27/17
07/27/17
07/28/17
Bae gee |g g
07/28/17
07/28/17
07/28/17
07/31/17
bids
08/29/17
dé
08/31/17
09/01/17
9
5
4
CURRENT PERIOD AND HISTORY PRE-BILLING LEDGER Run On 08/30/18 01/01/81-08/30/18 Page 003/003
0.20
0.20
0.40
0.50
1.00
0.50
0.10
Dollars
74.00
370.00
55.50
40.00
67.50
24.00
92.50
55.50
64.00
37.00
16.00
74.00
18.50
55.50
74.00
16.00
24.00
333.00
16.00
37.00
32.00
92.50
185.00
$2.50
8.00
37.00
37.00
111.00
Gp
woo
rs
wow
"Sd td 9
Cy]
KOPPER FUNDING CORPORATION;
Judgment, received by mail;
E-mails, W. Ballenger re: status of Affidavit in Support of Motion for
Summary Judgment;
Review Motion for Summary Judgment, supporting documents; Draft final
revisions to Motion;
Review Statement of Attorney's Fees for confidential and privileged
information, to attach to Attorney's Fees Affidavit;
Review Order Resetting Trial and Addendum to Order Resetting Trial and
Setting Conference; prepare all pre-trial docket entries
E-filed and served Motion for Summary Judgment with Affidavits, Exhibits
and Notice of Oral Hearing;
E-filed and served Supplemental Certificate of Service via FC mail and
CMRRR ;
Serve Motion for Summary Judgment and related documents to Defendant;
Receipt and initial review of written discovery received from Defendant
Draft First Bank's Responses to Kopper Funding Corporation and Nicholas
M. Bazan, P.C.'s Requests for Production for attorney completion;
E-mail, opposing counsel, re: extension for hearing on First Bank's
Motion for Summary Judgment;
Receipt and iniital review of Defndants' Motion for Continuance of
Hearing on Plaintiff's Motion for Summary Judgment and Request for
Emergency hearing on same;
Review Defendants' Request for Production to First Bank;
E-mail, W. Ballenger re: pending motion for summary judgment, discovery
served by Defendants;
Phone to Court Clerk re: date for rescheduled hearing on Plaintiff's
Motion for Summary Judgment;
Draft Notice of Reset Hearing on Plaintiff's Motion for Summary
Judgment ;
E-file and serve Notice of Reset Hearing on Plaintiff's Motion for
Summary Judgment;
Review Docket Control Order generated 7-13-17; prepare all pre-trial
docket deadlines; trial set 5-14-18;
Draft revisions to First Bank's Response to Defendants’ Requests for
Production;
Draft Designation of Expert Witnesses for attorney review;
Continue draft of Response to Defendants! Requests for Production;
E-file and serve Plaintiff's Designation of Expert Witnesses,
Certificate of Written Discovery, and Plaintiff's Response to
Defendants' Request for Production;
Review file re: documents for production;;
Draft final revisions to Responses to written discovery requests;
Draft final revisions to Designation of Expert Witnesses
Email to W. Ballenger forwarding copies of Designation of Expert
Witnesses and Responses to Defendants' Requests for Admissions filed and
served 7-28-17;
E-mail, client re: updated payoff for amended Motion for Summary
Judgment ;
E-mail, client re: payoff for amended Motion for Summary Judgment;
Review file re: preparation for hearing on First Bank's Motion forFB-KOPPER CURRENT PERIOD AND HISTORY PRE-BILLING LEDGER Run On 08/30/18 01/01/81-08/30/18 Page 004/004
FIRST BANK KOPPER FUNDING CORPORATION;
Date Emp - Hours Dollars Gp
Summary Judgment;
09/01/17 go 0.20 16.00 BP &-filed correspondence and Amended Attorney's Fees Affidavit;
09/01/17 vwH 0.50 92.50 BP Review file re: amendment or supplement of First Bank's Motion for
Summary Judgment;
09/01/17 vwH 1.50 277.50 BP Draft Amended Attorney's Fees Affidavit in Support of First Bank's
Motion for Summary Judgment;
09/11/17 vwa 0.20 37.00 BP E-mail, Bazan re: continuance of hearing on Motion for Summary Judgment;
09/12/17 AB 0.20 16.00 BP Receipt and initial review of Defendants' First Amended Joint Motion for
Continunace of hearing on First Bank's Motion for Summary Judgment;
09/12/17 vw 0.20 37.00 BP E-mail to client re: Motion for Continuance filed by Bazan;
09/12/17 vw 0.30 55.50 BP Receipt and review of Motion for Continuance and Request for an
Emergancy Hearing filed by Bazan,;
09/13/17 AB 0.10 8.00 BP Receipt and initial review of letter to Court from defendant in support
of request for emergency hearing;
09/13/17 vwH 0.30 55.50 BP E-mail, client re: continuance of hearing on Motion for Summary Judgment
xequested by Bazan;
09/13/17 vwa 0.20 37.00 BP E-mail, Bazan re: agreement to continuance of hearing on Motion for
Summary Judgment;
09/14/17 vwH 0.20 37.00 BP E-mail, Bazan re: filed agreement for continuance of hearing;
09/19/17 vwH 0.30 55.50 BP E-mail, office of opposing counsel re: dates for hearing on Motion for
Summary Judgment;
09/21/17 vw 0.30 55.50 BP E-mail, opposing counsel re: availability for review of discovery
xesponses and resetting hearing on Motion for Summary Judgment;
09/27/17 JO 0.30 24.00 BP E-filed Notice of Second Reset of Oral Hearing and Certificate of
Written Discovery and served with Request for Production;
09/27/17 VwH 0.50 92.50 BP Phone, Bazan xe: First Bank's responses to written discovery and hearing
date for First Bank's Motion for Summary Judgment;
09/27/17 vwH 0.80 148.00 BP Draft First Bank's First Request for Production to Defendants;
09/27/17 vwH 0.20 37.00 BP Phone to Court Clerk re: date for hearing on Motion for Summary
Judgment ;
09/27/17 vwH 0.50 92.50 BP Draft Second Notice of Reset of Hearing set 11/30/17 on First Bank's
Motion for Summary Judgment;
10/27/17 vw 0.30 55.50 BP Phone, Bazan re: extension of deadline to answer Request for Production
and continuance on hearing on Motion for Continuance;
10/27/17 vwH 0.70 129.50 BP E-mail, client re: Bazan's request for extension for discovery response
and continuation of hearing on Motion for Summary Judgment;
10/30/17 vwH 0.20 37.00 BP E-mail, client re: contact with Bazan, and extension of defendants’
deadline to respond to Request for Production, and continuance of the
Motion for Summary Judgment hearing;
11/02/17 vw 0.20 37.00 BP E-mail, client re: continuance of Motion for Summary Judgment hearing
and extension of discovery responses from Bazan;
11/29/17" vwa 0.30 55.50 BP E-mail, client re: status of case and continuance of hearing on Motion
for Summary Judgment;
11/29/17 vwH 1.80 333.00 BP Initial draft of Response to Defendants’ Motion to Compel;
11/30/17 vwH 2.50 462.50 BP Continue drafting Response to Motion to Compel discovery responses;
12/11/17 go 0.30 24.00 BP &-filed and e-served Plaintiff's Response to Defendant's Motion to
Compel and Request for Ruling on Objections;
12/11/17 vwH 1.50 277.50 BP Draft final revisions to Response to Motion to Compel and Request for
Ruling on Objections;
12/11/17 vwa 1.30 240.50 BP Draft proposed Order on First Bank's objections to Defendant's RequestFB-KOPPER CURRENT PERIOD AND HISTORY PRE-BILLING LEDGER Run On 08/30/18 01/01/81-08/30/18 Page 005/005
FIRST BANK KOPPER FUNDING CORPORATION;
Date Emp Hours Dollars Gp
for Production;
01/25/18 Jo 0.20 16.00 BP Received and docketed Notice of Hearing (3-22-18), Defendants Kopper and
Bazan's Motion to Compel
01/25/18 Jo 0.20 16.00 BP Called Harris Co, 165th District Court to confirm Hearing on Defendant's
Motion to Compel is 3-22-18 at 10a.m.;
01/29/18 VwH 0.20 37.00 BP Phone, Court Clerk re: Motion for Summary Judgment;
01/29/18 vwH 0.40 74.00 BP Draft Notice of Hearing re: First Bank's Motion for Summary Judgment;
01/29/18 vwH 0.70 129.50 BP Review file and Motion for Summary Judgment re: needed updates;
01/29/18 VwH 0.50 92.50 BP Draft correspondence, to N. Bazan re: response to Request for
Production;
01/29/18 VWH 0.80 148.00 BP Draft Amended Designation of Expert Witnesses;
01/30/18 AB 0.50 40.00 BP E-file and serve Plaintiff's Amended Designation of Expert Witnesses and
Notice of Third Reset Hearing on Motion for Summary Judgment;
01/30/18 AB 0.10 8.00 BP Email to W. Ballenger re: hearings set on Defendants' Motion to Compel
and First Bank's Motion for Summary Judgment;
01/31/18 vwH 0.30 55.50 BP E-mail, N. Bazan re: five day extension to respond to First Bank's
Request for Production;
02/07/18 go 0.10 8.00 BP Emailed Responses to Request for Production by Kopper and Bazan with
Certificate of Discovery to client;
02/15/18 vwH 0.20 37.00 BP E-mail, client re: Defendants’ responses to First Bank's Request for
Production;
02/15/18 vwH 0.30 55.50 BP E-mail, Bazan re: redaction of documents produced in response to First
Bank's Request for Production;
02/23/18 VwH 0.20 37.00 BP E-mail from Bazan re: producing unredacted copies of Bank Statements and
request for Protective Order;
02/23/18 vwH 0.20 37.00 BP E-mail, client re: Bazan's response to demand to produce unredacted and
full copies of bank statemnents produced;
02/26/18 vwH 1.80 333.00 BP Draft proposed Motion and Agreed Protective Order re: Kopper's bank
statements;
02/26/18 vwH 0.20 37.00 BP E-mail, client re: authority to enter into Protective Order under which
to produce bank statements;
02/26/18 VwH 0.20 37.00 BP E-mail, client re: approval of draft of Protective Order;
02/26/18 vwH 0.20 37.00 BP E-mail, client re: approval of drafted Motion for Protective Order and
Proposed Order;
02/27/18 vwH 0.20 37.00 BP E-mail, client re: approval of drafted Agreed Motion for Protective
Order and proposed Protective Order;
02/27/18 vwH 0.20 37.00 BP E-mail, Bazan re: review and signing proposed Agreed Protective Order;
03/01/18 vwH 0.20 37.00 BP E-mail, client re: signed Agreement by First Bank representative under
Proposed Protective Order;
03/01/18 vwH 0.80 148.00 BP Draft Second Supplemental Attorney's Fees Affidavit in Support of Motion
for Summary Judgment;
03/02/18 AB 0.20 16.00 BP &-file and serve Plaintiff's Motion for Entry of Agreed Protective Order
and proposed Agreed Protective Order;
03/02/18 go 0.30 24.00 BP E-filed and served Second Amended Attorney's Fees Affidavit in Support
of Motion for Summary Judgment and Certificate of Service;
03/02/18 vwH 0.30 55.50 BP Receipt and review from Bazan signed Protective Order, ;
03/02/18 vwH 0.50 92.50 BP Draft revisions to Motion for Protective Order and proposed Order;
03/02/18 vwH 0.20 37.00 BP E-mail, Bazan re: receipt of signed Protective Order;
03/02/18 vwH 0.50 92.50 BP Draft final revisions Second Amended Attorney's Fees Affidavit in
Support of Motion for Final Summary Judgment;FB-KOPPER CURRENT PERIOD AND HISTORY PRE-BILLING LEDGER Run On 08/30/18 01/01/81-08/30/18 Page 006/006
FIRST BANK KOPPER FUNDING CORPORATION;
Date Emp = Hours. Dollars Gp
03/13/18 AB 0.10 8.00 BP Review case docket re: status of Agreed Protective Order; order not yet
entered;
03/20/18 AB 0.10 8.00 BP Review case docket; Agreed Protective Order granted 3-14-18; downloaded;
03/20/18 vwH 0.20 37.00 BP E-mail, to Bazan re: signed Protective Order;
03/21/18 AB 0.50 40.00 BP Prepare file for attorney appearance on Defendants; Motion to Compel
Discovery from First Bank;
03/21/18 vwH 1.00 185.00 BP Review file and prepare for hearing on Defendant's Motion to Compel set
for 3-22-18;
03/22/18 vwH 2.00 370.00 BP Attend hearing on Defedants' Motion to Compel;
03/26/18 vwH 0.30 55.50 BP Receipt and initial review of Defendants' First Amended Answer;
03/27/18 AB 0.20 16.00 BP Receipt and initial review of Defendant Kopper Funding's Supplemental
Response to Plaintiff's Request for Production;
03/27/18 vwH 0.20 37.00 BP Receipt and initial review of unredacted Bank Statements received from
Defendants;
03/28/18 vwH 0.30 55.50 BP Phone, opposing counsel re: opposition to Motion for Continuance of
hearing on First Bank's Motion for Summary Judgment;
03/28/18 vwH 0.30 55.50 BP Phone, clerk re: ruling on Defendants! Motion to Compel;
03/29/18 vwH 0.50 92.50 BP Receipt and review of Motion for Continuance of Plaintiff's Motion for
Summary Judgment filed by Defendants, set for hearing on 4-5-2018
04/02/18 vwa 0.20 37.00 BP E-mail, Court Clerk re: rescheduling hearing on Motion for Summary
Jugment to 4-9-18;
04/02/18 vwH 3.00 555.00 BP Draft Response to Defendants’ Motion for Continuance of Motion for
Summary JUdgmnent Hearing and Trial
04/04/18 go 0.40 32.00 BP -filed and served Plaintiff's Response to Defendants' Third Amended
Motion for Continuance of Plaintiff's Final Summary Judgment Hearing and
{rial Setting;
04/04/18 vwH 2.80 518.00 BP Draft final revisions to Response to Defendants' Motion for Continuance
of First Bank's Motion for Summary Judgment hearing;
04/05/18 AB 0.20 16.00 BP Receipt and initial review of two versions of Defendant's Motion for
Leave to File Amended Pleading;
04/05/18 AB 0.70 56.00 BP Prepare file for appearance at Oral Hearing on Plaintiff's Motion for
Summary Judgment;
04/05/18 vwa 0.30 55.50 BP Receipt and review of Motion for Leave to File Amended Petition, filed
by Defendants;
04/09/18 vwH 0.80 148.00 BP Review file and prepare for hearing on Motion for Final Summary
Judgment ;
04/09/18 vwH 2.00 370.00 BP Appear at hearing on First Bank's Motion for Final Summary Judgment;
04/09/18 vwH 1.00 185.00 BP E-mail, client re: status of case and outcome of hearing on Motion for
Summary Judgment, and Motion to Compel previously heard;
04/10/18 vwH 0.20 37.00 BP E-mail, office of opposing counsel re: availability to confer as to
production of document:
04/10/18 vwH 0.30 55.50 BP Phone, client re: documents for production to opposing counsel;
04/11/18 vwE 0.20 37.00 BP Phone, Bazan re: date and time to confer about document production;
04/12/18 vwH 0.50 92.50 BP Phone, opposing counsel re: production of documents;
04/12/18 vw 0.20 37.00 BP E-mail, client re: additional documents requested by opposing counsel,
for productio:
04/13/18 AaB 0.70 56.00 BP Review Docket Control Order, Order for Trial Setting and Pre-Trial
Conference and Addendum to Order Resetting Trial and Setting Conference;
prepare docket entries for all pre trial deadlines; trial reset to two
week docket beginning 11-5-18;FB-KOPPER CURRENT PERIOD AND HISTORY PRE-BILLING LEDGER Run On 08/30/18 01/01/81-08/30/18 Page 007/007
FIRST BANK KOPPER FUNDING CORPORATION;
Date Emp Hours Dollars Gp
04/30/18 VwH 2.00 370.00 BP Receipt and initial review of documents received from client for
production in response to discovery;
04/30/18 vwH 1.30 240.50 BP Draft First Amended Original Petition to include Bazan as a defendant
05/01/18 AB 0.20 16.00 BP Review online databases for identifiers for N. Bazan individually;
05/02/18 vwH 0.40 74.00 BP E-mail, client re: Commercial Guaranty signed by Nicolas Bazan,
personally
05/03/18 Jo 2.40 192.00 BP Received documents produced by Kopper; redacted confidential
information, ocr'd and bates numbered;
05/07/18 AB 0.40 32.00 BP Prepare First Amended Petition for e-filing; e-filed with Harris County
District Clerk;
05/07/18 VwH 0.50 92.50 BP Review and draft final revisions to Plaintiff's First Amended Original
Petition adding Bazan, individually, as a defendant;
05/07/18 vWH 0.20 37.00 BP E-mail, Bazan re: amending First Bank's discovery responses;
05/08/18 AB 0.10 8.00 BP mail to client forwarding file stamped copy of Amended Petition adding
N. Bazan as defendant;
05/08/18 AB 0.20 16.00 BP &-file correspondence to clerk re: citation; e-filed;
05/08/18 vwH 1.50 277.50 BP Review for client documents for production to Bazan;
05/08/18 vwH 0.30 55.50 BP Review file re: status of issuance of Citation;
05/09/18 vwH 0.20 37.00 BP Receipt and review of Citation issued for service on Bazan,
individually;
05/10/18 AB 0.20 16.00 BP Prepare citation for service; email to Ace Process Service re: same;
05/14/18 AB 0.20 16.00 BP Phone and email from Ace Process Service re: confirm service of citation
and amended petition 5-14-18 on N. Bazan, Individually;
05/16/18 Jo 0.10 8.00 BP &-filed and e-served Certificate of Written Discovery;
05/16/18 vwH 2.00 370.00 BP Draft final revisions to First Supplemental Response to Defendants!
Request for Production;
05/22/18 go 0.20 16.00 BP &-filed and e-served Certificate of Written Discovery;
05/22/18 vwH 3.50 647.50 BP Draft First Bank's First Interrogatories to Bazan PC and Kopper Funding;
05/22/18 vwH 4.00 740.00 BP Draft First Bank's Second Request for Production to Bazan PC and Kopper
Funding;
05/23/18 AB 0.10 8.00 BP Receipt and initial review of original citation service return on N.
Bazan, Individually, from Ace Process Service;
05/24/18 AB 0.20 16.00 BP E-file Citation Service Return for Bazan, Individually;
05/31/18 AB 0.10 8.00 BP Receipt and initial review of Answer filed by N. Bazan, Individually;
05/31/18 DLT 0.20 37.00 BP Review Defendant's Original Answer filed by guarantor N. Bazan;
05/31/18 VWH 0.20 37.00 BP Receipt and review of Original Answer filed by Defendant Nicolas M.
Bazan;
06/12/18 vWH 3.80 703.00 BP Draft written discovery propounded to Bazan, individually;
06/13/18 AB 0.20 16.00 BP &-file and serve Certificate of Written Discovery;
06/15/18 vwH 0.30 55.50 BP E-mail, client re: status of litigation and contact with Bazan;
06/19/18 vwH 0.20 37.00 BP E-mail, N. Bazan re: extension of time to respond to discovery
propounded to Kopper Funding and Nicolas M. Bazan, PC;
06/19/18 vwH 0.20 37.00 BP E-mail, client re: extension granted to defendants to respond to
discovery;
06/19/18 VwH 0.20 37.00 BP Receipt and review of proposed Rule 11 Agreement re: extension of
defendants' deadline to respond to First Bank's discovery requests;
06/20/18 vwH 0.50 92.50 BP Draft Rule 11 Agreement, extending Defendants' Kopper Funding and
Nicolas M. Bazan, P.C."s deadline to respond to discovery to 7-12-18;
06/20/18 vwH 0.20 37.00 BP E-mail, office of opposing counsel re: signing Rule 11 Agreeement;
06/21/18 vwH 0.20 37.00 BP Receipt and review of signed Rule 11 Letter Agreement extendingFB-KOPPER CURRENT PERIOD AND HISTORY PRE-BILLING LEDGER Run On 08/30/18 01/01/61-08/30/18 Page 008/008
FIRST BANK KOPPER FUNDING CORPORATION;
Date Emp Hours Dollars Gp
Defendants' date to respond to written discovery;
07/02/18 AB 0.30 24.00 BP &-file and serve Certificate of Written Discovery; serve First Bank's
Request for Discloures to N. Bazan (individually) ;
07/02/18 Jo 0.40 32.00 BP Drafted Plaintiff's Request for Disclosures to Nicolas M. Bazan,
individually and Certificate of Written Discovery for VWH' review;
07/02/18 VwH 0.20 37.00 BP Review for signature, Request for Disclosure directed to Nicolas Bazan,
individually;
07/12/18 vwH 1.00 185.00 BP Receipt and review of Defendants' objections and responses to First
Bank's written discovery;
07/12/18 vwH 0.70 129.50 BP Receipt and review of documents produced by Defendants;
07/13/18 DLT 0.70 129.50 BP Review Defendant's Motion to Compel;
07/13/18 vwH 0.50 92.50 BP Review Account Notes re: redactions;
07/13/18 VwH 0.80 148.00 BP Additional review of Motion to Compel threatened by Defendants re:
production of unredacted copy of Account Notes;
07/13/18 VWH 0.30 55.50 BP E-mail, client re: Motion to Compel and requeste for unredacted Account
Notes;
07/13/18 vwH 0.20 37.00 BP E-mail, Bazan re: review of Motion to Compel;
07/16/18 vwH 0.20 37.00 BP E-mail, client re: unredacted verson of Account Notes;
07/16/18 VWH 0.80 148.00 BP Review of unredacted version of Account Notes;
07/17/18 DLT 0.30 55.50 BP Review priviledged information contained in account notes;
07/17/18 vwH 0.50 92.50 BP Additional review of unredacted copy of Account Notes, and plan for
producing;
07/18/18 VvwH 0.80 148.00 BP Draft Privilege Log;
07/19/18 vw 0.80 148.00 BP Draft final revisions to Privilege Log;
07/19/18 VWH 0.80 148.00 BP Draft correspondence to opposing counsel re: redactions to documents
produced by First Bank and privilege log;
07/20/18 VWH 0.30 55.50 BP Phone, Court Clerk re: hearing Motion for Summary Judgment;
07/20/18 VvwH 0.40 74.00 BP Review file re: status of Motion for Final Summary Judgment;
07/25/18 vwH 0.50 92.50 BP Receipt and initial review of Motion to Compel documents filed by
Defendants;
07/26/18 AB 0.20 16.00 Receipt and initial review of Defendants' Motion to Compel Unredacted
Information and Notice of Hearing on same; hearing set 10-4-18; email
to client forwarding same;
07/26/18 vwH 0.70 129.50 Draft Amended Privilege Log;
07/27/18 AB 0.20 16.00 E-file and serve Certificate of Service (Amended Privilege Log) ;
07/30/18 VWH 3.50 647.50 Draft First Bank's Response to Defendant's Motion to Compel;
07/31/18 VvwH 0.20 37.00 E-mail, client re: review of Affidavit;
07/31/18 vwH 2.50 462.50 Draft First Banks Affidavit in Support of Response to Motion to Compel;
08/06/18 Jo 0.20 16.00 E-filed and e-served Plaintiff's Second Amended Designation of Expert
Witnesses;
08/06/18 go 0.40 32.00 E-filed and e-served Plaintiff's Response to Defendant's Motion to
Compel with proposed Order;
08/06/18 VwWH 0.50 92.50 Draft proposed Order re: Defendants' Motion to Compel;
08/06/18 vwH 0.80 148.00 Draft Second Amended Designation of Expert Witnesses;
08/06/18 vwH 1.00 185.00 Draft final revisions to Response to Motion to Compel;
08/14/18 vwH 2.50 462.50 Review documents produced by Defendants re: evidence to support Amended
Motion for Final Summary Judgment;
08/15/18 DLT 0.40 74.00 Review Defendants' responses to First Bank's discovery requests;
08/15/18 vwH 2.80 518.00 Continue of review of documents produced by Defendants for use in Motion
for Summary Judgment;FB-KOPPER CURRENT PERIOD AND HISTORY PRE-BILLING LEDGER Run On 08/30/18 01/01/81-08/30/18 Page 009/009
FIRST BANK KOPPER FUNDING CORPORATION;
Date Emp =—- Hours. Dollars Gp
08/15/18 VWH 1.50 277.50 Review Defendants' responses to written discovery for potential Motion
to Compel;
08/16/18 vwH 0.70 129.50 Draft correspondence to Bazan re: Defendants’ supplementation of
discovery responses;
08/17/18 Jo 0.20 16.00 Served correspondence requesting supplemental responses from defendants
as stated in Defendants Nicolas M. Bazan, P.C. and Kopper Funding
Corporation's Responses to Plaintiff's Request for Production
08/17/18 vWH 0.20 37.00 E-mail, office of Bazan re: failure to serve Exhibit "D" mentioned in
Defendant Bazan's responses to Request for Production;
08/17/18 VWH 0.20 37.00 E-mail, client re: late fees assessed between 10-13-15 and 2-17-16;
08/17/18 vWwH 2.80 518.00 Continue review of documents produced by Defendants in anticipation of
filing Motion for Summary Judgment, including analyzing payment history
as to late fees, etc.;
08/17/18 VWH 0.20 37.00 Phone, office of opposing counsel re: Exhibit "D" being a typo;
08/20/18 vwH 0.20 37.00 E-mail, client re: calculation of last late fee;
08/20/18 vwH 4.00 740.00 H Draft Amended Motion for Final Summary Judgment;
08/21/18 vwH 0.80 148.00 H Draft Affidavit in Support of Amended Motion for Final Summary Judgment;
08/21/18 vwH 0.70 129.50 H Initial draft of Attorney's Fees Affidavit in Support of Amended Motion
for Final Summary Judgment;
08/21/18 VWH 0.30 55.50 Draft correspondence requesting Defendant's supplementation to First
Bank's written discovery requests;
08/21/18 vwH 0.20 37.00 E-mail, client re: current payment history and payoff quote to support
First Bank's Motion for Summary Judgment;
08/22/18 DLT 0.50 92.50 Review file re: preparation for 11/05/18 trial setting;
08/28/18 vwH 0.20 37.00 E-mail, client re: review and signing Affidavit in Support Motion for
Final Summary Judgment;
08/29/18 vWH 0.20 37.00 Phone, client re: payoff quote and status of account;
08/29/18 vwH 0.80 148.00 Draft Business Records Affidavit;
08/29/18. VWH 0.70 129.50 Receipt and review of additional documents received from client;
08/29/18 vwH 2.50 462.50 Draft revisions to Amended Motion for Summary Judgment and supporting
documents;
08/30/18 VWH 1.80 333.00 Draft final revisions to Affidavit in Support of Amended Motion for
Final Summary Judgment;
08/30/18 vwH 0.20 37.00 E-mail, client re: review and signing Affidavit;
08/30/18 VvWH 1.00 185.00 Draft Second Supplemental Response to Kopper Funding and Nicolas M.
Bazan, P.C.'s Request for Production;
08/30/18 vwH 0.10 18.50 E-mail, opposing counsel re: First Bank's Second Supplemental Response
to Defendants' Requests for Production;
Total FEES 158.30 27,149.50 158.30 27,149.50 (CP 01/01/81-08/30/18)
158.30 27,149.50 158.30 27,149.50 (CID Through 08/30/18)
Actual Hours/$ Billable Hours/$
Preview
CAUSE NO. 2016-86829 FIRST BANK, § IN THE DISTRICT COURT OF Plaintiff § § vs. § HARRIS COUNTY, TEXAS § KOPPER FUNDING CORPORATION and § NICOLAS M. BAZAN, P.C., § Defendants. § 165™ JUDICIAL DISTRICT DEFENDANTS’ OBJECTIONS TO THE DESIGNATION OF THE PLAINTIFFS’ EXPERT WITNESSES TO THE HONORABLE JUDGE OF SAID COURT: Comes now Defendants, Kopper Funding Corporation, Nicolas M. Bazan, P.C and Nicolas M. Bazan, Individually, (hereinafter Defendants) and brings this their objections to Plaintiff First Bank’s, (hereinafter Plaintiff) designation of expert witnesses and would show the Court as follows: i, Defendants’ object to the “expert” designation of Donald Turbyfill and Vicki Hart as experts on attorney’s fees in this case, as their methodology of arriving at what they allege to be reasonable and necessary attorney’s fees in this matter, is fundamentally and fatally flawed. See Pink v. Goodyear Tire & Rubber Co., 324 S.W.3d 290, 299-300 (Tex.App.- Beaumont 2010, pet. dism'd) (“The examination of an expert's methodology, technique, or foundational data is a task for the trial court in its role as gatekeeper”, (quoting Coastal Transp. Co. v. Crown Cent. Petroleum Corp., 136 S.W.3d 227, 233 (Tex.2004)). Defendants Objections to Plaintiff's Expert Witness Designations — Page 12. Defendants’ would show that the Plaintiff's expert testimony relating to attorney’s fees is flawed and unreliable because the Plaintiff has, (both before and during this litigation), made excessive demands of the Defendants, by demanding payment on Defendants’ alleged debt that included a significant amount of late fees that had been waived by Plaintiff, First Bank. First Bank agreed to “waive all late fees”, without reservation, related to the alleged debt in question in this case in December of 2013. Instead of demanding payment of amounts allegedly due without the late fees, the Plaintiff first demanded an excessive amount of money pre-suit, that included amounts that they were not owed that included, but were not limited to, the late fees that had been waived. After the Defendants’ refusal to pay the excessive, usurious and coercive amounts demanded, the Plaintiff then filed this law suit, demanding the same improper and excessive amounts. The Plaintiff has thus improperly litigated this case with attorneys, throughout the filing of this motion, based on the excessive amount demanded. 3. In general, when a creditor makes an excessive demand on a debtor, that creditor will not be allowed attorney's fees for prosecuting his excessive claim. See Findlay v. Cave, 611 S.W.2d 57, 58 (Tex.1981). See Collingsworth v. King, 155 Tex. 93, 283 S.W.2d 30 (1955); Ingham v. Harrison, 148 Tex. 380, 224 S.W.2d 1019, 1022 (1949); Warrior Constructors v. Small Business Inv. Co. of Houston, 536 S.W.2d 382, 386 (Tex.Civ.App. Houston (14th Dist.) 1976, no writ). A demand is “excessive’ when the claimant acted. unreasonably or in bad faith. See Allstate Ins. Co. v. Lincoln, 976 S.W.2d 873, 876 (Tex.App.-Waco 1998, no pet.).“Without addressing bad faith, we conclude appellant's demand upon appellee was unreasonable. Even though provided for in the contract, demanding double holdover rent when that clause had been manifestly waived for over Defendants Objections to Plaintiff's Expert Witness Designations — Page 2four years, is unreasonable ... If a claimant demands monies to which he is not entitled, that demand is unreasonable and consequently excessive. See Wayne v. A.V.A. Vending, Inc. 52 S.W.3d 41 Tex. App.-Edinburg, 2001) (emphasis added). As such, the demand for any amount of money that had been expressly waived by the Plaintiff in this case, appears to be, as a matter of law, an excessive demand which disqualifies any recovery of attorney’s fees in this matter. See Id. As such the Plaintiff's designation is fatally flawed. See Id. 4, In addition, the Plaintiff's attorneys are attempting to charge attorney fees for issues where they were ultimately unsuccessful, including but not limited to charging attorney fees related to their months long, frivolous objections to the Defendants’ Requests for Production, which 15 months later is still not resolved It took the Defendants’ months to get any meaningful responses at all (in May of 2018), from discovery propounded in the summer of 2017. In addition, the Defendants’ had to engage in a panoply of ultimately successful motion practice, relating to the improper litigation tactics of the Plaintiff from April of 2017-June of 2018, that were designed to not only get the “responses” to discovery listed above (which are still incomplete) but to also continue a setting of the Plaintiff's improper and premature summary judgement motion, that demanded a summary judgment be granted before the Defendants received any meaningful discovery. See alleged attorney fees itemization of Plaintiff attached as Exhibit “A”: Defendants’ would show that a majority of the attorney’s fees “churned” by the Plaintiff's attorneys in this case, stem from the Plaintiffs above listed improper and simultaneously obstructionist/Rambo litigation tactics. The Plaintiff cannot engage in an unreasonable litigation tactic, and then expect to be compensated for it when that litigation tactic is unsuccessful See Kurtz v. Kurtz 158 S.W.3d 1, (Tex. App. Houston (14th Dist), 2004). The Plaintiff's attorney Defendants Objections to Plaintiff's Expert Witness Designations — Page 3fees methodology is therefore, once again, flawed, and the Plaintiff should not be compensated for same as the fees charged are not reasonable or necessary. See Id. 5. Furthermore, the designation of the expert witnesses on attorney’s fees does not include any analysis regarding the coercive nature of the claims being made by the Plaintiff, nor any analysis contesting the allegations of the Defendants such as, but not limited to novation and/or conspicuousness of the alleged attorneys’ fees clause on the alleged notes and other signed documents in this case. PRAYER 6. The Defendants object to the designation of the Plaintiff's expert witnesses in this case as argued above and would pray that the expert designated be struck as being unreliable and/or their testimony be limited in accordance with the argument and case law above and for such other and further relief as the Defendants show themselves to be justly entitled. Respectfully submitted, : Bagh ‘tate Bar No. 41944600 14614 Falling Creek, Ste. 150 Houston, Texas 77068 (281) 444-3600 Telephone (281) 444-3670 Facsimile Email: notify@nmblaw.com Attorney for Kopper Funding Corporation Nicolas M. Bazan, P.C. and Nicolas M. Bazan, Indv. Defendants Objections to Plaintiff's Expert Witness Designations — Page 4CERTIFICATE OF SERVICE I certify that on October 1, 2018, a copy of the above style motion has been served on the party listed below electronically. Via Electronic Service Donald L. Turbyfill Vicki W. Hart DEVLIN, NAYLOR & TURBYFILL, P.L.L.C. 5120 Woodway, Suite 900 Houston, Texas 77056-5825 Lt : [A Nicolas A Bazan Defendants Objections to Plaintiff's Expert Witness Designations — Page 5FB-KOPPER FIRST BANK 523124269975 Bill to: CCA DONALD L. TURBYFILL RAL DONALD L. TURBYFILL CURRENT PERIOD AND HISTORY PRE-BILLING LEDGER Run On 08/30/18 01/01/81-08/30/18 Page 001/001 FIRST BANK STEFANI DRURY M1-800-085 11901 OLIVE BLVD ST. LOUIS MO Ca Tpl COMMERCIAL 63141-8079 Opened 01/20/16 Closed n/a Posted 08/16/18 Last Payment 08/22/18 1,874.39 Name of matter: KOPPER FUNDING CORPORATION; NICOLAS MANUEL BAZAN Account Number @aggURaNBIR975 Stefani.Drury@fbol.com Status Codes None Alt Bill Fmt ##7 Finance Charges N FBCC CBCC Rate Cd WB Sales Tax None Ret Acct Min 0 No auto transfers chosen Unbilled only N FEES FEES Date Emp = Hours Dollars Gp 01/19/16 DLT 0.20 37.00 BP Email to and from W. Ballenger re: preparation of forbearance agreement, additional documents needed; 01/19/16 DLT 0.50 92.50 BP E-mail to and from W. Ballenger re: preparation of forbearance agreement; 01/20/16 DR 1.50 277.50 | BP Draft Forbearance Agreement; 01/22/16 DLT 0.70 129.50 BP Draft revisions to proposed Forbearance Agreement; 02/01/16 DR 1.00 185.00 BP Draft final revisions to Forbearance Agreement; 02/02/16 DLT 0.20 37.00 BP E-mail to W. Ballenger re: transmitting proposed Forbearance Agreement; 12/12/16 DLT 0.20 37.00 BP E-mail, W. Ballenger re: breach of Forbearance Agreement, preparation of suit against borrower ‘and guarantor; 12/16/16 vwH 0.50 92.50 BP Review client documents in preparation to file suit; 12/16/16 vwH 2.80 518.00 BP Draft Plaintiff's Original Petition; 12/19/16 AB 0.20 16.00 BP Complete civil case information sheet; prepare petition for e-fiing; 12/19/16 AB 0.40 32.00 BP E-file Plaintiff's Original Petition with Discovery Requests; 12/19/16 DLT 0.50 92.50 BP Review and revise Plaintiff's Original Petition; 12/19/16 vwH 0.30 55.50 BP Draft final revisions to Plaintiff's Original Petition; 12/20/16 AB 0.10 8.00 BP Email to W. Ballenger forwarding file-stamped copy of petition; 12/27/16 AB 0.40 32.00 BP Receive and review citations from Harris County District Clerk; correspondence to Ace Process Service; service agent picked up process from DNT on 12-27-16; 01/04/17 AB 0.10 8.00 BP Phone from Ace Process Service; Defendant has made arrangements to meet him today to accept citations; 01/07/17 AB 0.10 8.00 BP Email to W. Ballenger forwarding copy of petition and advising defendants served 1-5-17; 01/12/17 AB 0.10 8.00 BP Receipt and initial review of served citation returns from Ace Process; 01/12/17 vw 0.20 37.00 BP Review Returns of Citation for sufficiency; 01/18/17 AB 0.20 16.00 BP E-file citation service returns with clerk; 01/30/17 vwH 0.20 37.00 BP E-mails from and to Bazan re: extension of time to file Defendants’ Answer; 01/30/17 vwH 0.20 37.00 BP E-mails to and from client re: authorization to extend time for _ EXHIBITFB-KOPPER CURRENT PERIOD AND HISTORY PRE-BILLING LEDGER Run On 08/30/18 01/01/81-08/30/18 Page 002/002 FIRST BANK KOPPER FUNDING CORPORATION; Date Emp Hours Dollars Gp Defendant to Answer; 02/28/17 AB 0.10 8.00 BP Receipt and initial review of Answer filed on behalf of Defendants; 03/01/17 vwH 0.10 18.50 BP Receipt and review of Answer filed by Defendants; 03/01/17 vwH 0.20 37.00 BP Phone from N. Bazan re: possible settlement; 03/01/17 vwa 0.20 37.00 BP E-mails from and to N. Bazan re: extension to respond to Request for Disclosure; 03/02/17 AB 0.10 8.00 BP Email to W. Ballenger forwarding copy of Answer filed on behalf of defendants; wt tne 03/03/17 vwH 0.20 37.00 BP E-mails to and from Defendants re: extension to respond to Request for Disclosure; 03/03/17 vwH 0.20 37.00 BP Receipt, review and sign Rule 11 Agreeemnt re: extension to respond to Request for Disclosure submittted by Defendant; 03/20/17 vwH 1.80 333.00 BP Draft Requests for Admissions to Defendants; 03/22/17 AB 0.30 24.00 BP &-file Certificate of Written Discovery; e-serve Certificate and Requests for Admissions to Bazan, P.C. and Kopper Funding Corporation; 04/12/17 vw 0.20 37.00 BP Review file re: status of discovery in preparation to draft Motion for Summary Judgment; 04/20/17 vwa 0.30 55.50 BP E-mails from and to Bazan re: extension of time to respond to Requests for Admissions; 04/21/17 vwH 0.20 37.00 BP Receipt and review of Defendant's Motion to Extend Time to Respond to Plaintiff's Requests for Admission; 04/24/17 vwH 0.20 37.00 BP E-mails to and from office of Bazan re: service of Notice of Hearing on Bazan's Motion for Emergency Hearing; 04/24/17 vw 0.20 37.00 BP Receipt and review of Notice of Hearing on Bazan's Motion for Extension of Time to Respond to Written Discovery; 04/27/17 AB 0.30 24.00 BP Prepare file for attorney appearance at hearing on Defendants! Motion to Extend Time to Respond to Plaintiff's Discovery set 5-1-17; 05/01/17 AB 0.20 16.00 BP Receipt and initial review of Responses by Kopper Funding and N. Bazan to client's Request for Disclosures served with petition on 1-5-17; 05/01/17 vwa 0.50 92.50 BP Review file and prepare for hearing on Defendant's Motion to Extend Time to Respond to Requests for Admissions; . 05/01/17 vwH 1.50 277.50 BP To courthouse to appear at hearing on Defendant's Motion to Extend Time; 05/24/17 vw 0.20 37.00 BP Phone, attorney for Defendants re Defendant's Response to Request for Admissions; 05/25/17 DLT 0.20 37.00 BP Review Defendants' Response to First Bank's Request for Admissions; 05/25/17 vw 0.20 37.00 BP Receipt and initial review of Responses to Requests for Admissions xeceived from Defendants; 06/02/17 AB 1.20 96.00 BP Draft Plaintiff's Motion for Summary Judgment and Affidavit in Support of Motion for Summary Judgment for attorney review; 06/07/17 DR 4.20 777.00 BP Draft additional revisions to Motion for Summary Judgment with affidavits, judgment and supporting documents; 06/07/17 DR 0.60 111.00 BP E-mails, W. Ballenger re: additional information needed for Motion for Summary Judgment; 06/08/17 AB 0.50 40.00 BP Redact and label exhibits for summary judgment motion; 06/09/17 DR 0.60 111.00 BP E-mails, W. Ballenger re: Affidavit in Support of Motion for Summary Judgment ; 06/09/17 DR 0.30 55.50 BP Draft additional revisions to Motion for Summary Judgment; 06/13/17 DR 0.30 55.50 BP E-mail, W. Ballenger re: Affidavit in Support of Motion for Summary Judment; 06/14/17 DR 0.10 18.50 BP Review executed Affidavit in Support of Motion for Final SummaryFB-KOPPER FIRST BANK Date Emp 06/14/17 06/15/17 06/15/17 06/23/17 06/23/17 06/26/17 06/26/17 06/29/17 07/03/17 07/05/17 Bg tig ss eg gs 07/07/17 07/07/17 07/07/17 oy u 55 07/10/17 07/10/17 07/11/17 07/18/17 07/26/17 07/27/17 07/27/17 07/28/17 Bae gee |g g 07/28/17 07/28/17 07/28/17 07/31/17 bids 08/29/17 dé 08/31/17 09/01/17 9 5 4 CURRENT PERIOD AND HISTORY PRE-BILLING LEDGER Run On 08/30/18 01/01/81-08/30/18 Page 003/003 0.20 0.20 0.40 0.50 1.00 0.50 0.10 Dollars 74.00 370.00 55.50 40.00 67.50 24.00 92.50 55.50 64.00 37.00 16.00 74.00 18.50 55.50 74.00 16.00 24.00 333.00 16.00 37.00 32.00 92.50 185.00 $2.50 8.00 37.00 37.00 111.00 Gp woo rs wow "Sd td 9 Cy] KOPPER FUNDING CORPORATION; Judgment, received by mail; E-mails, W. Ballenger re: status of Affidavit in Support of Motion for Summary Judgment; Review Motion for Summary Judgment, supporting documents; Draft final revisions to Motion; Review Statement of Attorney's Fees for confidential and privileged information, to attach to Attorney's Fees Affidavit; Review Order Resetting Trial and Addendum to Order Resetting Trial and Setting Conference; prepare all pre-trial docket entries E-filed and served Motion for Summary Judgment with Affidavits, Exhibits and Notice of Oral Hearing; E-filed and served Supplemental Certificate of Service via FC mail and CMRRR ; Serve Motion for Summary Judgment and related documents to Defendant; Receipt and initial review of written discovery received from Defendant Draft First Bank's Responses to Kopper Funding Corporation and Nicholas M. Bazan, P.C.'s Requests for Production for attorney completion; E-mail, opposing counsel, re: extension for hearing on First Bank's Motion for Summary Judgment; Receipt and iniital review of Defndants' Motion for Continuance of Hearing on Plaintiff's Motion for Summary Judgment and Request for Emergency hearing on same; Review Defendants' Request for Production to First Bank; E-mail, W. Ballenger re: pending motion for summary judgment, discovery served by Defendants; Phone to Court Clerk re: date for rescheduled hearing on Plaintiff's Motion for Summary Judgment; Draft Notice of Reset Hearing on Plaintiff's Motion for Summary Judgment ; E-file and serve Notice of Reset Hearing on Plaintiff's Motion for Summary Judgment; Review Docket Control Order generated 7-13-17; prepare all pre-trial docket deadlines; trial set 5-14-18; Draft revisions to First Bank's Response to Defendants’ Requests for Production; Draft Designation of Expert Witnesses for attorney review; Continue draft of Response to Defendants! Requests for Production; E-file and serve Plaintiff's Designation of Expert Witnesses, Certificate of Written Discovery, and Plaintiff's Response to Defendants' Request for Production; Review file re: documents for production;; Draft final revisions to Responses to written discovery requests; Draft final revisions to Designation of Expert Witnesses Email to W. Ballenger forwarding copies of Designation of Expert Witnesses and Responses to Defendants' Requests for Admissions filed and served 7-28-17; E-mail, client re: updated payoff for amended Motion for Summary Judgment ; E-mail, client re: payoff for amended Motion for Summary Judgment; Review file re: preparation for hearing on First Bank's Motion forFB-KOPPER CURRENT PERIOD AND HISTORY PRE-BILLING LEDGER Run On 08/30/18 01/01/81-08/30/18 Page 004/004 FIRST BANK KOPPER FUNDING CORPORATION; Date Emp - Hours Dollars Gp Summary Judgment; 09/01/17 go 0.20 16.00 BP &-filed correspondence and Amended Attorney's Fees Affidavit; 09/01/17 vwH 0.50 92.50 BP Review file re: amendment or supplement of First Bank's Motion for Summary Judgment; 09/01/17 vwH 1.50 277.50 BP Draft Amended Attorney's Fees Affidavit in Support of First Bank's Motion for Summary Judgment; 09/11/17 vwa 0.20 37.00 BP E-mail, Bazan re: continuance of hearing on Motion for Summary Judgment; 09/12/17 AB 0.20 16.00 BP Receipt and initial review of Defendants' First Amended Joint Motion for Continunace of hearing on First Bank's Motion for Summary Judgment; 09/12/17 vw 0.20 37.00 BP E-mail to client re: Motion for Continuance filed by Bazan; 09/12/17 vw 0.30 55.50 BP Receipt and review of Motion for Continuance and Request for an Emergancy Hearing filed by Bazan,; 09/13/17 AB 0.10 8.00 BP Receipt and initial review of letter to Court from defendant in support of request for emergency hearing; 09/13/17 vwH 0.30 55.50 BP E-mail, client re: continuance of hearing on Motion for Summary Judgment xequested by Bazan; 09/13/17 vwa 0.20 37.00 BP E-mail, Bazan re: agreement to continuance of hearing on Motion for Summary Judgment; 09/14/17 vwH 0.20 37.00 BP E-mail, Bazan re: filed agreement for continuance of hearing; 09/19/17 vwH 0.30 55.50 BP E-mail, office of opposing counsel re: dates for hearing on Motion for Summary Judgment; 09/21/17 vw 0.30 55.50 BP E-mail, opposing counsel re: availability for review of discovery xesponses and resetting hearing on Motion for Summary Judgment; 09/27/17 JO 0.30 24.00 BP E-filed Notice of Second Reset of Oral Hearing and Certificate of Written Discovery and served with Request for Production; 09/27/17 VwH 0.50 92.50 BP Phone, Bazan xe: First Bank's responses to written discovery and hearing date for First Bank's Motion for Summary Judgment; 09/27/17 vwH 0.80 148.00 BP Draft First Bank's First Request for Production to Defendants; 09/27/17 vwH 0.20 37.00 BP Phone to Court Clerk re: date for hearing on Motion for Summary Judgment ; 09/27/17 vwH 0.50 92.50 BP Draft Second Notice of Reset of Hearing set 11/30/17 on First Bank's Motion for Summary Judgment; 10/27/17 vw 0.30 55.50 BP Phone, Bazan re: extension of deadline to answer Request for Production and continuance on hearing on Motion for Continuance; 10/27/17 vwH 0.70 129.50 BP E-mail, client re: Bazan's request for extension for discovery response and continuation of hearing on Motion for Summary Judgment; 10/30/17 vwH 0.20 37.00 BP E-mail, client re: contact with Bazan, and extension of defendants’ deadline to respond to Request for Production, and continuance of the Motion for Summary Judgment hearing; 11/02/17 vw 0.20 37.00 BP E-mail, client re: continuance of Motion for Summary Judgment hearing and extension of discovery responses from Bazan; 11/29/17" vwa 0.30 55.50 BP E-mail, client re: status of case and continuance of hearing on Motion for Summary Judgment; 11/29/17 vwH 1.80 333.00 BP Initial draft of Response to Defendants’ Motion to Compel; 11/30/17 vwH 2.50 462.50 BP Continue drafting Response to Motion to Compel discovery responses; 12/11/17 go 0.30 24.00 BP &-filed and e-served Plaintiff's Response to Defendant's Motion to Compel and Request for Ruling on Objections; 12/11/17 vwH 1.50 277.50 BP Draft final revisions to Response to Motion to Compel and Request for Ruling on Objections; 12/11/17 vwa 1.30 240.50 BP Draft proposed Order on First Bank's objections to Defendant's RequestFB-KOPPER CURRENT PERIOD AND HISTORY PRE-BILLING LEDGER Run On 08/30/18 01/01/81-08/30/18 Page 005/005 FIRST BANK KOPPER FUNDING CORPORATION; Date Emp Hours Dollars Gp for Production; 01/25/18 Jo 0.20 16.00 BP Received and docketed Notice of Hearing (3-22-18), Defendants Kopper and Bazan's Motion to Compel 01/25/18 Jo 0.20 16.00 BP Called Harris Co, 165th District Court to confirm Hearing on Defendant's Motion to Compel is 3-22-18 at 10a.m.; 01/29/18 VwH 0.20 37.00 BP Phone, Court Clerk re: Motion for Summary Judgment; 01/29/18 vwH 0.40 74.00 BP Draft Notice of Hearing re: First Bank's Motion for Summary Judgment; 01/29/18 vwH 0.70 129.50 BP Review file and Motion for Summary Judgment re: needed updates; 01/29/18 VwH 0.50 92.50 BP Draft correspondence, to N. Bazan re: response to Request for Production; 01/29/18 VWH 0.80 148.00 BP Draft Amended Designation of Expert Witnesses; 01/30/18 AB 0.50 40.00 BP E-file and serve Plaintiff's Amended Designation of Expert Witnesses and Notice of Third Reset Hearing on Motion for Summary Judgment; 01/30/18 AB 0.10 8.00 BP Email to W. Ballenger re: hearings set on Defendants' Motion to Compel and First Bank's Motion for Summary Judgment; 01/31/18 vwH 0.30 55.50 BP E-mail, N. Bazan re: five day extension to respond to First Bank's Request for Production; 02/07/18 go 0.10 8.00 BP Emailed Responses to Request for Production by Kopper and Bazan with Certificate of Discovery to client; 02/15/18 vwH 0.20 37.00 BP E-mail, client re: Defendants’ responses to First Bank's Request for Production; 02/15/18 vwH 0.30 55.50 BP E-mail, Bazan re: redaction of documents produced in response to First Bank's Request for Production; 02/23/18 VwH 0.20 37.00 BP E-mail from Bazan re: producing unredacted copies of Bank Statements and request for Protective Order; 02/23/18 vwH 0.20 37.00 BP E-mail, client re: Bazan's response to demand to produce unredacted and full copies of bank statemnents produced; 02/26/18 vwH 1.80 333.00 BP Draft proposed Motion and Agreed Protective Order re: Kopper's bank statements; 02/26/18 vwH 0.20 37.00 BP E-mail, client re: authority to enter into Protective Order under which to produce bank statements; 02/26/18 VwH 0.20 37.00 BP E-mail, client re: approval of draft of Protective Order; 02/26/18 vwH 0.20 37.00 BP E-mail, client re: approval of drafted Motion for Protective Order and Proposed Order; 02/27/18 vwH 0.20 37.00 BP E-mail, client re: approval of drafted Agreed Motion for Protective Order and proposed Protective Order; 02/27/18 vwH 0.20 37.00 BP E-mail, Bazan re: review and signing proposed Agreed Protective Order; 03/01/18 vwH 0.20 37.00 BP E-mail, client re: signed Agreement by First Bank representative under Proposed Protective Order; 03/01/18 vwH 0.80 148.00 BP Draft Second Supplemental Attorney's Fees Affidavit in Support of Motion for Summary Judgment; 03/02/18 AB 0.20 16.00 BP &-file and serve Plaintiff's Motion for Entry of Agreed Protective Order and proposed Agreed Protective Order; 03/02/18 go 0.30 24.00 BP E-filed and served Second Amended Attorney's Fees Affidavit in Support of Motion for Summary Judgment and Certificate of Service; 03/02/18 vwH 0.30 55.50 BP Receipt and review from Bazan signed Protective Order, ; 03/02/18 vwH 0.50 92.50 BP Draft revisions to Motion for Protective Order and proposed Order; 03/02/18 vwH 0.20 37.00 BP E-mail, Bazan re: receipt of signed Protective Order; 03/02/18 vwH 0.50 92.50 BP Draft final revisions Second Amended Attorney's Fees Affidavit in Support of Motion for Final Summary Judgment;FB-KOPPER CURRENT PERIOD AND HISTORY PRE-BILLING LEDGER Run On 08/30/18 01/01/81-08/30/18 Page 006/006 FIRST BANK KOPPER FUNDING CORPORATION; Date Emp = Hours. Dollars Gp 03/13/18 AB 0.10 8.00 BP Review case docket re: status of Agreed Protective Order; order not yet entered; 03/20/18 AB 0.10 8.00 BP Review case docket; Agreed Protective Order granted 3-14-18; downloaded; 03/20/18 vwH 0.20 37.00 BP E-mail, to Bazan re: signed Protective Order; 03/21/18 AB 0.50 40.00 BP Prepare file for attorney appearance on Defendants; Motion to Compel Discovery from First Bank; 03/21/18 vwH 1.00 185.00 BP Review file and prepare for hearing on Defendant's Motion to Compel set for 3-22-18; 03/22/18 vwH 2.00 370.00 BP Attend hearing on Defedants' Motion to Compel; 03/26/18 vwH 0.30 55.50 BP Receipt and initial review of Defendants' First Amended Answer; 03/27/18 AB 0.20 16.00 BP Receipt and initial review of Defendant Kopper Funding's Supplemental Response to Plaintiff's Request for Production; 03/27/18 vwH 0.20 37.00 BP Receipt and initial review of unredacted Bank Statements received from Defendants; 03/28/18 vwH 0.30 55.50 BP Phone, opposing counsel re: opposition to Motion for Continuance of hearing on First Bank's Motion for Summary Judgment; 03/28/18 vwH 0.30 55.50 BP Phone, clerk re: ruling on Defendants! Motion to Compel; 03/29/18 vwH 0.50 92.50 BP Receipt and review of Motion for Continuance of Plaintiff's Motion for Summary Judgment filed by Defendants, set for hearing on 4-5-2018 04/02/18 vwa 0.20 37.00 BP E-mail, Court Clerk re: rescheduling hearing on Motion for Summary Jugment to 4-9-18; 04/02/18 vwH 3.00 555.00 BP Draft Response to Defendants’ Motion for Continuance of Motion for Summary JUdgmnent Hearing and Trial 04/04/18 go 0.40 32.00 BP -filed and served Plaintiff's Response to Defendants' Third Amended Motion for Continuance of Plaintiff's Final Summary Judgment Hearing and {rial Setting; 04/04/18 vwH 2.80 518.00 BP Draft final revisions to Response to Defendants' Motion for Continuance of First Bank's Motion for Summary Judgment hearing; 04/05/18 AB 0.20 16.00 BP Receipt and initial review of two versions of Defendant's Motion for Leave to File Amended Pleading; 04/05/18 AB 0.70 56.00 BP Prepare file for appearance at Oral Hearing on Plaintiff's Motion for Summary Judgment; 04/05/18 vwa 0.30 55.50 BP Receipt and review of Motion for Leave to File Amended Petition, filed by Defendants; 04/09/18 vwH 0.80 148.00 BP Review file and prepare for hearing on Motion for Final Summary Judgment ; 04/09/18 vwH 2.00 370.00 BP Appear at hearing on First Bank's Motion for Final Summary Judgment; 04/09/18 vwH 1.00 185.00 BP E-mail, client re: status of case and outcome of hearing on Motion for Summary Judgment, and Motion to Compel previously heard; 04/10/18 vwH 0.20 37.00 BP E-mail, office of opposing counsel re: availability to confer as to production of document: 04/10/18 vwH 0.30 55.50 BP Phone, client re: documents for production to opposing counsel; 04/11/18 vwE 0.20 37.00 BP Phone, Bazan re: date and time to confer about document production; 04/12/18 vwH 0.50 92.50 BP Phone, opposing counsel re: production of documents; 04/12/18 vw 0.20 37.00 BP E-mail, client re: additional documents requested by opposing counsel, for productio: 04/13/18 AaB 0.70 56.00 BP Review Docket Control Order, Order for Trial Setting and Pre-Trial Conference and Addendum to Order Resetting Trial and Setting Conference; prepare docket entries for all pre trial deadlines; trial reset to two week docket beginning 11-5-18;FB-KOPPER CURRENT PERIOD AND HISTORY PRE-BILLING LEDGER Run On 08/30/18 01/01/81-08/30/18 Page 007/007 FIRST BANK KOPPER FUNDING CORPORATION; Date Emp Hours Dollars Gp 04/30/18 VwH 2.00 370.00 BP Receipt and initial review of documents received from client for production in response to discovery; 04/30/18 vwH 1.30 240.50 BP Draft First Amended Original Petition to include Bazan as a defendant 05/01/18 AB 0.20 16.00 BP Review online databases for identifiers for N. Bazan individually; 05/02/18 vwH 0.40 74.00 BP E-mail, client re: Commercial Guaranty signed by Nicolas Bazan, personally 05/03/18 Jo 2.40 192.00 BP Received documents produced by Kopper; redacted confidential information, ocr'd and bates numbered; 05/07/18 AB 0.40 32.00 BP Prepare First Amended Petition for e-filing; e-filed with Harris County District Clerk; 05/07/18 VwH 0.50 92.50 BP Review and draft final revisions to Plaintiff's First Amended Original Petition adding Bazan, individually, as a defendant; 05/07/18 vWH 0.20 37.00 BP E-mail, Bazan re: amending First Bank's discovery responses; 05/08/18 AB 0.10 8.00 BP mail to client forwarding file stamped copy of Amended Petition adding N. Bazan as defendant; 05/08/18 AB 0.20 16.00 BP &-file correspondence to clerk re: citation; e-filed; 05/08/18 vwH 1.50 277.50 BP Review for client documents for production to Bazan; 05/08/18 vwH 0.30 55.50 BP Review file re: status of issuance of Citation; 05/09/18 vwH 0.20 37.00 BP Receipt and review of Citation issued for service on Bazan, individually; 05/10/18 AB 0.20 16.00 BP Prepare citation for service; email to Ace Process Service re: same; 05/14/18 AB 0.20 16.00 BP Phone and email from Ace Process Service re: confirm service of citation and amended petition 5-14-18 on N. Bazan, Individually; 05/16/18 Jo 0.10 8.00 BP &-filed and e-served Certificate of Written Discovery; 05/16/18 vwH 2.00 370.00 BP Draft final revisions to First Supplemental Response to Defendants! Request for Production; 05/22/18 go 0.20 16.00 BP &-filed and e-served Certificate of Written Discovery; 05/22/18 vwH 3.50 647.50 BP Draft First Bank's First Interrogatories to Bazan PC and Kopper Funding; 05/22/18 vwH 4.00 740.00 BP Draft First Bank's Second Request for Production to Bazan PC and Kopper Funding; 05/23/18 AB 0.10 8.00 BP Receipt and initial review of original citation service return on N. Bazan, Individually, from Ace Process Service; 05/24/18 AB 0.20 16.00 BP E-file Citation Service Return for Bazan, Individually; 05/31/18 AB 0.10 8.00 BP Receipt and initial review of Answer filed by N. Bazan, Individually; 05/31/18 DLT 0.20 37.00 BP Review Defendant's Original Answer filed by guarantor N. Bazan; 05/31/18 VWH 0.20 37.00 BP Receipt and review of Original Answer filed by Defendant Nicolas M. Bazan; 06/12/18 vWH 3.80 703.00 BP Draft written discovery propounded to Bazan, individually; 06/13/18 AB 0.20 16.00 BP &-file and serve Certificate of Written Discovery; 06/15/18 vwH 0.30 55.50 BP E-mail, client re: status of litigation and contact with Bazan; 06/19/18 vwH 0.20 37.00 BP E-mail, N. Bazan re: extension of time to respond to discovery propounded to Kopper Funding and Nicolas M. Bazan, PC; 06/19/18 vwH 0.20 37.00 BP E-mail, client re: extension granted to defendants to respond to discovery; 06/19/18 VwH 0.20 37.00 BP Receipt and review of proposed Rule 11 Agreement re: extension of defendants' deadline to respond to First Bank's discovery requests; 06/20/18 vwH 0.50 92.50 BP Draft Rule 11 Agreement, extending Defendants' Kopper Funding and Nicolas M. Bazan, P.C."s deadline to respond to discovery to 7-12-18; 06/20/18 vwH 0.20 37.00 BP E-mail, office of opposing counsel re: signing Rule 11 Agreeement; 06/21/18 vwH 0.20 37.00 BP Receipt and review of signed Rule 11 Letter Agreement extendingFB-KOPPER CURRENT PERIOD AND HISTORY PRE-BILLING LEDGER Run On 08/30/18 01/01/61-08/30/18 Page 008/008 FIRST BANK KOPPER FUNDING CORPORATION; Date Emp Hours Dollars Gp Defendants' date to respond to written discovery; 07/02/18 AB 0.30 24.00 BP &-file and serve Certificate of Written Discovery; serve First Bank's Request for Discloures to N. Bazan (individually) ; 07/02/18 Jo 0.40 32.00 BP Drafted Plaintiff's Request for Disclosures to Nicolas M. Bazan, individually and Certificate of Written Discovery for VWH' review; 07/02/18 VwH 0.20 37.00 BP Review for signature, Request for Disclosure directed to Nicolas Bazan, individually; 07/12/18 vwH 1.00 185.00 BP Receipt and review of Defendants' objections and responses to First Bank's written discovery; 07/12/18 vwH 0.70 129.50 BP Receipt and review of documents produced by Defendants; 07/13/18 DLT 0.70 129.50 BP Review Defendant's Motion to Compel; 07/13/18 vwH 0.50 92.50 BP Review Account Notes re: redactions; 07/13/18 VwH 0.80 148.00 BP Additional review of Motion to Compel threatened by Defendants re: production of unredacted copy of Account Notes; 07/13/18 VWH 0.30 55.50 BP E-mail, client re: Motion to Compel and requeste for unredacted Account Notes; 07/13/18 vwH 0.20 37.00 BP E-mail, Bazan re: review of Motion to Compel; 07/16/18 vwH 0.20 37.00 BP E-mail, client re: unredacted verson of Account Notes; 07/16/18 VWH 0.80 148.00 BP Review of unredacted version of Account Notes; 07/17/18 DLT 0.30 55.50 BP Review priviledged information contained in account notes; 07/17/18 vwH 0.50 92.50 BP Additional review of unredacted copy of Account Notes, and plan for producing; 07/18/18 VvwH 0.80 148.00 BP Draft Privilege Log; 07/19/18 vw 0.80 148.00 BP Draft final revisions to Privilege Log; 07/19/18 VWH 0.80 148.00 BP Draft correspondence to opposing counsel re: redactions to documents produced by First Bank and privilege log; 07/20/18 VWH 0.30 55.50 BP Phone, Court Clerk re: hearing Motion for Summary Judgment; 07/20/18 VvwH 0.40 74.00 BP Review file re: status of Motion for Final Summary Judgment; 07/25/18 vwH 0.50 92.50 BP Receipt and initial review of Motion to Compel documents filed by Defendants; 07/26/18 AB 0.20 16.00 Receipt and initial review of Defendants' Motion to Compel Unredacted Information and Notice of Hearing on same; hearing set 10-4-18; email to client forwarding same; 07/26/18 vwH 0.70 129.50 Draft Amended Privilege Log; 07/27/18 AB 0.20 16.00 E-file and serve Certificate of Service (Amended Privilege Log) ; 07/30/18 VWH 3.50 647.50 Draft First Bank's Response to Defendant's Motion to Compel; 07/31/18 VvwH 0.20 37.00 E-mail, client re: review of Affidavit; 07/31/18 vwH 2.50 462.50 Draft First Banks Affidavit in Support of Response to Motion to Compel; 08/06/18 Jo 0.20 16.00 E-filed and e-served Plaintiff's Second Amended Designation of Expert Witnesses; 08/06/18 go 0.40 32.00 E-filed and e-served Plaintiff's Response to Defendant's Motion to Compel with proposed Order; 08/06/18 VwWH 0.50 92.50 Draft proposed Order re: Defendants' Motion to Compel; 08/06/18 vwH 0.80 148.00 Draft Second Amended Designation of Expert Witnesses; 08/06/18 vwH 1.00 185.00 Draft final revisions to Response to Motion to Compel; 08/14/18 vwH 2.50 462.50 Review documents produced by Defendants re: evidence to support Amended Motion for Final Summary Judgment; 08/15/18 DLT 0.40 74.00 Review Defendants' responses to First Bank's discovery requests; 08/15/18 vwH 2.80 518.00 Continue of review of documents produced by Defendants for use in Motion for Summary Judgment;FB-KOPPER CURRENT PERIOD AND HISTORY PRE-BILLING LEDGER Run On 08/30/18 01/01/81-08/30/18 Page 009/009 FIRST BANK KOPPER FUNDING CORPORATION; Date Emp =—- Hours. Dollars Gp 08/15/18 VWH 1.50 277.50 Review Defendants' responses to written discovery for potential Motion to Compel; 08/16/18 vwH 0.70 129.50 Draft correspondence to Bazan re: Defendants’ supplementation of discovery responses; 08/17/18 Jo 0.20 16.00 Served correspondence requesting supplemental responses from defendants as stated in Defendants Nicolas M. Bazan, P.C. and Kopper Funding Corporation's Responses to Plaintiff's Request for Production 08/17/18 vWH 0.20 37.00 E-mail, office of Bazan re: failure to serve Exhibit "D" mentioned in Defendant Bazan's responses to Request for Production; 08/17/18 VWH 0.20 37.00 E-mail, client re: late fees assessed between 10-13-15 and 2-17-16; 08/17/18 vWwH 2.80 518.00 Continue review of documents produced by Defendants in anticipation of filing Motion for Summary Judgment, including analyzing payment history as to late fees, etc.; 08/17/18 VWH 0.20 37.00 Phone, office of opposing counsel re: Exhibit "D" being a typo; 08/20/18 vwH 0.20 37.00 E-mail, client re: calculation of last late fee; 08/20/18 vwH 4.00 740.00 H Draft Amended Motion for Final Summary Judgment; 08/21/18 vwH 0.80 148.00 H Draft Affidavit in Support of Amended Motion for Final Summary Judgment; 08/21/18 vwH 0.70 129.50 H Initial draft of Attorney's Fees Affidavit in Support of Amended Motion for Final Summary Judgment; 08/21/18 VWH 0.30 55.50 Draft correspondence requesting Defendant's supplementation to First Bank's written discovery requests; 08/21/18 vwH 0.20 37.00 E-mail, client re: current payment history and payoff quote to support First Bank's Motion for Summary Judgment; 08/22/18 DLT 0.50 92.50 Review file re: preparation for 11/05/18 trial setting; 08/28/18 vwH 0.20 37.00 E-mail, client re: review and signing Affidavit in Support Motion for Final Summary Judgment; 08/29/18 vWH 0.20 37.00 Phone, client re: payoff quote and status of account; 08/29/18 vwH 0.80 148.00 Draft Business Records Affidavit; 08/29/18. VWH 0.70 129.50 Receipt and review of additional documents received from client; 08/29/18 vwH 2.50 462.50 Draft revisions to Amended Motion for Summary Judgment and supporting documents; 08/30/18 VWH 1.80 333.00 Draft final revisions to Affidavit in Support of Amended Motion for Final Summary Judgment; 08/30/18 vwH 0.20 37.00 E-mail, client re: review and signing Affidavit; 08/30/18 VvWH 1.00 185.00 Draft Second Supplemental Response to Kopper Funding and Nicolas M. Bazan, P.C.'s Request for Production; 08/30/18 vwH 0.10 18.50 E-mail, opposing counsel re: First Bank's Second Supplemental Response to Defendants' Requests for Production; Total FEES 158.30 27,149.50 158.30 27,149.50 (CP 01/01/81-08/30/18) 158.30 27,149.50 158.30 27,149.50 (CID Through 08/30/18) Actual Hours/$ Billable Hours/$