On December 05, 2018 a
Motion-Secondary
was filed
involving a dispute between
Lazenby, Ryan,
Temaca Irrigation Llc,
and
Gomez, Guadalupe,
Gomez, James,
Temaca Lawn Sprinklers,
Temaca Lawn Sprinkler'S, Inc.,
for Employment
in the District Court of Hennepin County.
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27-CV-18-19659
Filed in District Court
State of Minnesota
4/16/2019 5:44 PM
State 0f Minnesota District Court
County Judicial District: Fourth
Hennepin Court File Number: 27-CV-1 8-1 9659
Case Type: Civil
The Honorable Joseph Klein
Ryan Lazenby, and Temaca Irrigation LLC
Plaintiff AFFIDAVIT OF BARBARA A.
VS.
HALPER
Guadalupe Gomez, James Gomez
IN SUPPORT OF
Temaca Lawn Sprinklers, Inc. d.b.a.
ATTORNEY,S FEES ON
Temaca Lawn Sprinklers, BEHALF OF DEFENDANT
Defendant
STATE OF MINNESOTA )
) ss
COUNTY OF CARVER )
Barbara A. Halper, being first duly sworn 0n oath, states as follows:
1. I am an attorney licensed t0 practice in the State of Minnesota. I am a managing member
of the law firm of Halper & Joseph, PLLC and represent Defendants in Carver County Court file
no. 27-CV-18-19659 pending in the State of Minnesota, Hennepin County Fourth Judicial District
Court. I make this affidavit upon personal knowledge and in support 0f Defendant’s award 0f
attorneys’ fees pursuant t0 the Defendant, Guadalupe Gomez’s Motion for Attorneys’ fees.
2. My hourly rate is $175.00 per hour. I have reviewed the standards for determining the
reasonableness 0f fees set forth in Rule 1.5 of the Minnesota Rules of Professional Conduct. I
have reviewed my time records and supporting documents and confirm that the time for which
Defendant seeks reimbursement is reasonable and necessary for the proper representation of
Defendant. N0 duplicative work was performed. A11 work performed was for the benefit 0f
Defendant.
3. The following tasks relate directly the court’s order for the Temaca Lawn Sprinklers, n/k/a
Temaca Irrigation (“Temaca”) customer check payments that were sent by Temaca customers
directly to Defendant Guadalupe Gomez. Those checks were brought With me to the court hearing
on December 14, 2018. Pursuant t0 the court order, I am t0 keep the Checks in my possession
pending further order 0f the court. Those checks remain in my possession. On the April 5, 2014
27-CV-18-19659
Filed in District Court
State of Minnesota
4/16/2019 5:44 PM
telephone conference, held with Judge Joseph Klein, counsel for Plainitff, Kirk Tisher, advised the
court that the checks had “expired”, so his client had sought payment directly from the payors 0f
those checks and that he would confirm the status of his client’s receipt 0f payment in lieu of
cashing the checks held in my possession. To date, Mr. Tisher has not provided me with any
information related to the status of the checks despite me reaching out to him to obtain that
information.
4. The hourly fees incurred by Defendant related to the motion document related t0 issues
with the checks includes the following:
12/14/2018 .5 hours court time regarding checks and time spent With Plaintiff taking
pictures 0f the checks.
04/03/2019 1.2 hours review file, tc with client, prep for telephone conference With Judge
04/04/2019 1.0 hours review file and telephone conference With Judge
04/1 5/20 1 9 2.8 hours review status and letter t0 Tisher, meet with client re status.
04/16/2019 .6 hours prepare affidavit for attorney fees
Total t0 date 6.1 hours at $175 per hour = $1,067.50 plus costs for filing
5. It is anticipated that Defendant will incur additional fees related t0 the hearing on May 1,
2019.
I declare under penalty 0f perjury that everything Ihave stated in this document is true and
correct. Minn. Stat. § 358.116.
Date: April 16, 2019 HALPER & JOSEPH, PLLC
_/s/ Barbara A.
Barbara A. Halper,
Halper _
ID# 202290
barbara@halperjoseph.com
300 East Frontage Road, Suite A
Waconia, MN 55387
Telephone (952) 356-0825
Document Filed Date
April 16, 2019
Case Filing Date
December 05, 2018
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27-CV-18-19659 Filed in District Court State of Minnesota 4/16/2019 5:44 PM State 0f Minnesota District Court County Judicial District: Fourth Hennepin Court File Number: 27-CV-1 8-1 9659 Case Type: Civil The Honorable Joseph Klein Ryan Lazenby, and Temaca Irrigation LLC Plaintiff AFFIDAVIT OF BARBARA A. VS. HALPER Guadalupe Gomez, James Gomez IN SUPPORT OF Temaca Lawn Sprinklers, Inc. d.b.a. ATTORNEY,S FEES ON Temaca Lawn Sprinklers, BEHALF OF DEFENDANT Defendant STATE OF MINNESOTA ) ) ss COUNTY OF CARVER ) Barbara A. Halper, being first duly sworn 0n oath, states as follows: 1. I am an attorney licensed t0 practice in the State of Minnesota. I am a managing member of the law firm of Halper & Joseph, PLLC and represent Defendants in Carver County Court file no. 27-CV-18-19659 pending in the State of Minnesota, Hennepin County Fourth Judicial District Court. I make this affidavit upon personal knowledge and in support 0f Defendant’s award 0f attorneys’ fees pursuant t0 the Defendant, Guadalupe Gomez’s Motion for Attorneys’ fees. 2. My hourly rate is $175.00 per hour. I have reviewed the standards for determining the reasonableness 0f fees set forth in Rule 1.5 of the Minnesota Rules of Professional Conduct. I have reviewed my time records and supporting documents and confirm that the time for which Defendant seeks reimbursement is reasonable and necessary for the proper representation of Defendant. N0 duplicative work was performed. A11 work performed was for the benefit 0f Defendant. 3. The following tasks relate directly the court’s order for the Temaca Lawn Sprinklers, n/k/a Temaca Irrigation (“Temaca”) customer check payments that were sent by Temaca customers directly to Defendant Guadalupe Gomez. Those checks were brought With me to the court hearing on December 14, 2018. Pursuant t0 the court order, I am t0 keep the Checks in my possession pending further order 0f the court. Those checks remain in my possession. On the April 5, 2014 27-CV-18-19659 Filed in District Court State of Minnesota 4/16/2019 5:44 PM telephone conference, held with Judge Joseph Klein, counsel for Plainitff, Kirk Tisher, advised the court that the checks had “expired”, so his client had sought payment directly from the payors 0f those checks and that he would confirm the status of his client’s receipt 0f payment in lieu of cashing the checks held in my possession. To date, Mr. Tisher has not provided me with any information related to the status of the checks despite me reaching out to him to obtain that information. 4. The hourly fees incurred by Defendant related to the motion document related t0 issues with the checks includes the following: 12/14/2018 .5 hours court time regarding checks and time spent With Plaintiff taking pictures 0f the checks. 04/03/2019 1.2 hours review file, tc with client, prep for telephone conference With Judge 04/04/2019 1.0 hours review file and telephone conference With Judge 04/1 5/20 1 9 2.8 hours review status and letter t0 Tisher, meet with client re status. 04/16/2019 .6 hours prepare affidavit for attorney fees Total t0 date 6.1 hours at $175 per hour = $1,067.50 plus costs for filing 5. It is anticipated that Defendant will incur additional fees related t0 the hearing on May 1, 2019. I declare under penalty 0f perjury that everything Ihave stated in this document is true and correct. Minn. Stat. § 358.116. Date: April 16, 2019 HALPER & JOSEPH, PLLC _/s/ Barbara A. Barbara A. Halper, Halper _ ID# 202290 barbara@halperjoseph.com 300 East Frontage Road, Suite A Waconia, MN 55387 Telephone (952) 356-0825