Preview
FILED
DALLAS COUNTY
10/29/2019 4:28 PM
FELICIA PITRE
DISTRICT CLERK
Kellie Juricek
CAUSE NO. DC-19-04400
§
CF REAL ESTATE SERVICES, LLC, § IN THE DISTRICT COURT
§
Plaintiffi §
§
V. § DALLAS COUNTY
§
UAH PROPERTY MANAGEMENT L.P., §
UAH PROPERTY MANAGEMENT I, LLC,§ 14TH JUDICIAL DISTRICT
AND MICHAEL V. CLARK §
§
Defendants. §
UAH DEFENDANTS’ APPLICATION FOR ATTORNEYS’ FEES, COSTS, AND
SANCTIONS
COMES NOW, Defendants UAH Property Management, LP and UAH Property
Management I, LLC (the “UAH Defendants”) and files its Application for Attorneys’ Fees, Costs,
and Sanctions, and would respectfillly show the Court as follows:
The Court granted UAH Defendants’ TCPA Motion t0 Dismiss 0n October 7, 2019, and
ordered Plaintiff to pay UAH Defendants’ reasonable attorneys’ fees, and other expenses pursuant
t0 Tex. CiV. Prac. & Rem. Code § 27.009(a)(1). See Order Granting Defendant’s Motion to
Dismiss. Additionally, pursuant to Tex. CiV. Prac. & Rem. Code § 27.009(a)(2), the Court must
impose sanctions upon Plaintiff in an amount “sufficient to deter the party who brought the legal
action” from brining similar actions.
Attornevs’ Fees and Costs
As such, in compliance with the Court’s Order, and the TCPA statute, UAH Defendants
provide as evidence the following:
1. Invoices 0f costs 0f attorneys’ fees from UAH Defendants’ retained law firm,
Cokinos Young, attached hereto as Exhibit A; and
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UAH DEFENDANTS’ APPLICATION FOR FEES, COSTS, AND SANCTIONS
2. Signed and notarized affidavit 0f the undersigned lead counsel in support of UAH
Defendants’ reasonable attorneys” fees and costs, attached hereto as Exhibit B.
The usual and customary hourly rates for the attorneys that work on this matter are as
follows: Principal M. Wilson Stoker, $450.00 and Associate Lauren S. Aldredge, $275.00, as
documented in Exhibits A and B. As further reflected in Exhibits A and B, the Mr. Stoker spent a
total 0f 108.3 hours in connection With defending against Plaintiff’s lawsuit, and Ms. Aldredge
spent a total of 200.5 hours. Together, the attorneys’ fees incurred by the UAH Defendants’ in
connection With defending against Plaintiffs’ lawsuit amount to $102,435.00.
UAH Defendants further request that, in the event of Plaintiff s unsuccessful appeal t0 the
Court of Appeals, UAH Defendants be awarded $35,000.00 in reasonable attorneys’ fees. Should
Plaintiff fithher petition the Supreme Court for review, UAH Defendants request an award 0f
$50,000.00 in attorneys’ fees for defending against Plaintiff’s Petition for Review and any oral
argument allowed by the Court, if Plaintiff is unsuccessful.
The total amount 0f costs incurred by the UAH Defendants’ in connection With defending
against Plaintiff s lawsuit, including mileage, travel, hearing attendance, and discovery, amount to
$13,424.50.
Sanctions
With respect to sanctions, the TCPA mandates that the Court “shall award” sanctions
against the party who brought the action as the Court determines sufficient to deter the party from
bringing similar actions. Tex. CiV. Prac. & Rem. Code § 27.009. Sanctions are mandatory upon
dismissal under the TCPAI, but Within the trial court’s discretion. Landry ’s Inc. v. Animal Legal
Defense Fund, 566 S.W.3d 41, 70 (Tex. App.—H0uston [14th Dist] 2018, pet. filed), reh’ g denied
1
The amendments t0 the TCPA from the past legislative session changed the award 0f sanctions from mandatory t0
discretionary, however, those amendments d0 not apply t0 lawsuits (like this one) filed before Sept. 1, 2019.
UAH DEFENDANTS’ APPLICATION FOR FEES, COSTS, AND SANCTIONS
(Dec. 3 1, 201 8). The UAH Defendants’ respectfully submit that a sanctions award in the range of
$15,000-$25,000 is appropriate, given the amount 0f damages sought in Plaintiff s Original
Petition (more than $9,000,000) and the profitability of Plaintiff.
CONCLUSION & PRAYER
WHEREFORE, Defendants UAH Property Management, L.P. and UAH Property
Management I, LLC ask that the Court, upon a final hearing 0f this matter, grant UAH Defendants
its attorneys’ fees in the amount of $102,435.00, costs in the amount of $13,424.50, conditional
attorneys fees for defending appeals, and sanctions sufficient t0 deter Plaintiff from bringing
similar lawsuits as required under § 27.009 of the Texas Civil Practice & Remedies Code, and
grant any other relief the Court deems necessary and just.
Respectfully submitted,
COKINOS YOUNG
|
/s/M. Wilson Stoker
M. Wilson Stoker
State Bar No. 24076806
Lauren S. Aldredge
State Bar No. 24079380
900 S. Capital of Texas Highway, Suite 425
Austin, TX 78746
Tel. (5 12) 476-1080
Fax: (512) 610-1 184
wstoker@cokinoslaw.com
laldredgeéflcokinoslawcom
ATTORNEYS FOR UAH PROPERTY
MANAGEMENT, L.P. AND UAH PROPERTY
MANAGEMENT I, LLC
UAH DEFENDANTS’ APPLICATION FOR FEES, COSTS, AND SANCTIONS
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the above and foregoing Application for
Attorneys‘ Fees, Costs, and Sanctions was filed and served electronically 0n all counsel 0f record
on this 29th day of October, 2019.
Plaintiff CF Real Estate Services, LLC Defendant Michael V. Clark
Valeri C. Williams, Esq. Brett Myers, Esq
Wilson, Elser, Moskowitz, Edelman & Wick Phillips Gould & Martin, LLP
Dicker, LLP 3 131 McKinney Avenue, Suite 100
Bank of America Plaza Dallas, Texas 75204
901 Main Street, Suite 4800 Brett.mvers@wickphillips.com
Dallas, Texas 75202
valeri.williams@wilsonelser.com
/s/M Wilson Stoker
M. Wilson Stoker
UAH DEFENDANTS’ APPLICATION FOR FEES, COSTS, AND SANCTIONS
EXHIBIT A
COKINOS YOUNG INVOICES
|
Page 5 of37
Cause No. DC-19-04400; CFReal Estate Services, LLC v. UAHProperty Management L.P., UAH
Properly Management 1, LLC, and Michael Clark; In the 14th Judicial District; Dallas County,
Texas
COKINOS YOUNG
l
ATTORNEYS FEES CHART
Date Invoice Fees Expenses Total
Number
April 25, 2019 182463 $1,100.00 $0 $1,100.00
June 30, 2019 185273 $13,887.50 $0 $13,887.50
July 31, 2019 187107 $16,367.50 $288.85 $16,656.35
August 22, 2019 187476 $5,010.00 $0 $5,010.00
September 1, 2019 189004 $17,507.50 $250.32 $17,757.82
September 30, 2019 189654 $24,637.50 $29.80 $24,667.30
October 21, 2019 190564 $2,272.50 $934.79 $3,207.29
October 29, 2019 190715 $21,652.50 $1 1,920.74 $33,573.24
TOTAL $102,435.00 $13,424.50 $115,859.50
EXHIBIT A
Cokinos |
Young
Attorneys At Law
Four Houston Canter
1221 Lamar Street. 16th Floor
Houston. TX 77010
Office: (713)535-5500
Telecopler: (713) 535-5533
Federai Tax ID: 76-0288148
lnkarnal: www.cokinoslaw.com
April 25, 201 9
Victor Salerno invoice #: 182463
UAH-Mayfalr Management Group Billed through: March 31, 2019
450 Lexington Avenue, 4th Floor Account 7170 000005
New York, NY 10017
RE: CFRES v. UAH
PROFESSIONAL SERVICES Hours Rate Amount
03/18/19 MWS Review of Dallas County onIine docket for 0.20 $450.00 90.00
case.
03/28/19 MWS Review and analysis of complaint filed by 1.10 $450.00 495.00
Valeri Williams; exchange of email
correspondence wit
review of prior correspondence; research
regarding abatemem, accepting service;
research regardin_ telephone
conference with—
03/28/19 LSA Review and analyze CFRES Original Petition 0.40 $275.00 110.00
for purposes of analyzing claims and
developing response strategy.
03/29/19 MWS Telephone conference with!CF
_regarding status of lawsuit wul
1.10 $450.00 495.00
Lane; review of complaint; preparation of
email correspondence witl—
telephone conference wilh_with
update on status; exchange of email
correspondence with_.
FOR PROFESSIONAL SERVICES RENDERED 2.80 $1,190.00
EXPENSES Rate Units Amount
Page 7 of 37
71 7'0 000005 Invoice # 182463 Page 2
TOTAL FEES $1.190.00
TOTAL EXPENSES $0.00
INTEREST CHARGE FOR 60 DAYS FAST DUE $0.00
TOTAL CHARGES FOR THIS INVOICE $1 .190.00
AMOUNT DUE FOR THIS INVOICE $1,190.00
PLEASE SEE COVER PAGE FOR PAST DUE BALANCE AND PAYMENTS
INVOICES ARE DUE AND PAYABLE UPON RECEIPT AND ARE PAST DUE AFTER THIRTY (30) DAYS.
INTEREST IS AUTOMATICALLY CHARGED 0N ALL ACCOUNT BALANCES WHICH ARE NOT PAID
WITHIN SIXTY (60) DAYS OF THE DATE OF INVOICE. ALL PAYMENTS WILL BE APPLIED FIRST TO
ACCRUED INTEREST
Page 8 of 37
7‘1 70 000005 Invoice # 185273 Pane 2
05107“ 9 MWS Development and strategy for
of outline 0.40 $450.00 180.00
presenting and attacking plaintiff‘s arguments
regarding "per se" defamatlon and fraud.
05l07l1 9 LSA Continue research into defamation anti-slapp 3.40 $275.00 935.00
cases for purposes of developing response
strategy and affirmative defense: continue
review_memorandum regarding
same to develop appropriate evidentiary
basis to make case for affirmative defenses.
05/09” 9 LSA Finalize memorandum to Mr. Stoker 1.30 $275.00 357.50
regarding summary of defamation antl-slapp
cases.
05/1 7/1 9 LSA Review and analyze Initial disclosures for 1.70 $275.00 467.50
purposes of deveIOping response strategy
and inclusion in motion to diamiss per TCPA;
case law research regarding affirmative
defenses and arguments for establishing by
preponderance of the evidence in a TCPA
motion to dismiss.
05/2011 9 MWS Review of case law related to anti-slapp 0.30 $450.00 135.00
motion and defamation related to aIUegations
and statements of crime.
05/21/1 9 MWS Review and analysis of Clark‘s disclosmas. 0.30 $450.00 135.00
05/22/1 9 LSA Continue case law research and analysis for 0.80 $275.00 220.00
inciusion in antislapp motion to dismiss.
05/23/1 9 MWS Coordination of all matters; dockets: staffing 0.20 $450.00 N/c
and task ilst. (NO CHARGE)
05’23/‘1 9 MWS Revlew of requests for disclosures and 0.30 $450.00 135.00
requests for production served on Clark.
05/23/1 9 LSA Review disclosures from M. Clark; continue 2.90 $275.00 797.50
drafting antislapp motion to dismiss; review
requests for disclosures from M. Clark and
calendar appropriate deadllne; prepare list of
case deadlines in anticipation of meeting on
Friday with trial team.
0512411 9 KMH1 Legal Assistant: Review Gourt?s website for 1.20 $150.00 180.00
local rules regarding scheduling orders: draft
proposed scheduling order for attorney
review.
05I24I1 9 MWS Development of discovery strategy; review of 0.40 $450.00 180.00
deadlines related to motion to dismiss;
Page 9 of 37
T1 70 000005 Invoice # 1 85273 Page 3
attention to disclosures and other pending
items.
05/24/19 MWS Review of proposed scheduling order. 0.20 $450.00 90.00
05l24l1 9 MWS Conference with associates and staff 0.40 $450.00 NIC
regarding case management including tasks:
calendar; and Internal deadlines. (NO
CHARGE)
05I24/1 9 MWS Review and revision of requests for 0.20 $450.00 90.00
disclosure.
05/24] 1 9 LSA Trialteam meeting to discuss strategy and 4.10 $0.00 NIC
deadlines for filing amended answer and
affirmative defenses, antislapp motion to
-
dismiss.
dismiss,
continue drafting antisIapp motion to
(N0
CHARGE)
05/2511 9 LSA Continue drafting antislapp motion to 3.20 $275.00 880.00
dismiss, including section on how CFRES
has not met Its burden to show Its causes of
action by clear and specific evidence and
case law research regarding same for
inclusion in motion.
MWS with—
-
05/28” 9 Telephone conference 0.60 $450.00 270.00
exchange of email correspondence
with—
05/2811 9 MWS Development of TCPA prima facle and 1 .50 $450.00 675.00
affirmative defenses arguments; legal
research for same.
05/28/1 9 MWS Review and ravision of response to requests 0.50 $450.00 225.00
for disclosures; coordination of service of
same.
05/28/1 9 LSA Continue to draft and revise antislapp motion 6.30 $275.00 1 {732.50
to dismiss under the TCPA, including section
regarding establishing affirmative defenses
of qualified privilege and substantial truth:
draft review
discovery deadlines and begin drafting Initial
disclosure responses.
Page 10 of37
T1 70 000005 Invoice # 1 85273 Pane 4
05129/19 KMH1 Legal Assistant: Review Dallas County 0.10 $150.00 15.00
records repository to check for any updates.
05/29/19 LSA Draft inltial dlsclosures and calendar 2.20 $275.00 605.00
deadlines In case to ensure compliance;
research regarding
for purposes of drafting same for antislapp
motion to dismiss.
05/30/19 KMH1 Legal Assistant: Re-confirm deadline to file 0.70 $1 50.00 105.00
AntI-Slapp Motion and review local rules and
Judges Procedures for filing same.
05/30“ 9 MWS Review and revision of TCPA motion to 3.30 $450.00 1,485.00
dismiss; analysis of legal research:
preparation of outline and headlngs;
development of strategy.
05/31/19 LSA Revise antislapp motion per discussion with 4.70 $275.00 1,292.50
Mr. Stoker regarding—
:
case
law research and analysis to support same.
FOR PROFESSIONAL SERVICES RENDERED 52.70 $13,887.50
EXPENSES Rate Units Amount
TOTAL FEES $13,887.50
TOTAL EXPENSES $0.00
INTEREST CHARGE FOR 60 DAYS PAST DUE $65.35
TOTAL CHARGES FOR THIS INVOICE $1 3,952.85
AMOUNT DUE FOR THIS INVOICE $13,952.85
PLEASE SEE COVER PAGE FOR PAST DUE BALANCE AND PAYMENTS
INVOICES ARE DUE AND PAYABLE UPON RECEIPT AND ARE PAST DUE AFTER THIRTY (30) DAYS.
INTEREST IS AUTOMATICALLY CHARGED 0N ALL ACCOUNT BALANCES WHICH ARE NOT PAID
WITHIN SIXTY (60) DAYS OF THE DATE OF INVOICE. ALL PAYMENTS WILL BE APPLIED FIRST T0
ACCRUED INTEREST.
Page 11 0f37
Cokinos |
Young
Attorneys At Law
Four Houston Center
1221 Lamar Street. 16th Floor
Houston. TX 77010
Offlce: (713)535-5500
Telecoplar: (713] 535-5533
Federal Tax ID: 76-0288148
Internet: www.coklnoslaw.com
July 31, 2019
Victor Salerno Invoice #: 187107
UAH-Mayfair Management Group thmunh:
Billed June 30. 2019
450 Lexington Avenue. 4th Floor Account 717D 000005
New York. NY 10017
RE: CFRES V. UAH
PROFESSIONAL SERVICES Hours Rate Amount
06/03“ 9 MWS Preparatlon of email correspondence to Mr. 0.20 $450.00 90.00
Salerno regardin
06103“ 9 LSA Continue revising draft antislapp motlon; 5.10 $275.00 1 .402.50
and
_
attention to discovery deadlines; review
analyze
incorporation into antislapp motion and
declaration
06/04/1 9 MWS Management of deadlines and 0.40 $450.00 180.00
communications wlth opposing counsel In
advance of motlon to dismiss.
06/04/1 9 LSA Work wlth Ms. Martinez to calendar 3.80 $275.00 1,045.00
dlscovery deadllnes: review of State Street
contracts to include in declaration of V.
Salerno; continue revising draft antislapp
motion and
06/0511 9 LSA Draft amended answer and affirmative 6.20 $275.00 1 .705.00
defenses; review and revise joint scheduling
order and draft emall to all parties regarding
filing; draft correspondence regarding late
dlsclosures to Plaintiff CFRES; correspond
with counsel regarding filing ofjolnt
scheduling order and proposed revisions to
same.
06/06/1 9 MWS Review and revision of amended answer. 0.50 $450.00 225.00
Page 12 0f37
T170 000005 Involcs # 1871 07 Page 2
06/06/19 MWS Preiaration of 1.10 $450.00 495.00
for antl—SLAPP motion.
06/06/19 MWS Review of plaintiff‘s responses to request for 0.20 $450.00 90.00
disclosure for use in motion to dismiss.
06/07/19 MWS Review and revision of AntI—SLAPP motion, 1.30 $450.00 585.00
attentlon to procedural issues and local rules.
06/08/19 MWS Exchange of small correspondence with 0.30 $450.00 135.00
opposing counsel regarding discovery.
06/09/19 MWS Review and revision of anti-SLAPP motion to 2.90 $450.00 1,305.00
dismiss
06/10/19 MWS Final preparation 0f motion to dismiss, 5.00 $450.00 2,250.00
development of Introduction; revision to legal
argument regarding substantial truth;
coordination of filing; confirmation of same.
06/1 0/19 MWS Redactlon of exhibits, flnal proof read of 1.50 $450.00 N/C
motion, confirmation of Judge's preference
and court rules. (NO CHARGE)
06/10/19 LSA Revise antislapp motion to include sections 6.30 $275.00 1,?32.50
regarding defamation regardlng Insurance
fraud and the standard for establishing
charged with crime or fraud; cite check brlef
and table of contents for accuracy and
formatting: proofread and finalize motion for
filing; revlse and proofread affidavit and
exhlblts attached to same for filing.
06/1 1/1 9 MWS Setting of hearing date, review of options for 0.40 $450.00 180.00
same and Judge's preferences.
06/1 1/19 LSA Scheduling. and strategy for defending 3.60 $0.00 N/G
antislapp motion; work wlth Ms. Martinez to
discuss filing certlficate of conference and
compliance with local rules: review draft
notice of hearing. (NO CHARGE)
06l14l19 MWS Attention to statua of certificate of conference 0.20 $450.00 90.00
and status of hearing date.
06/1 7/19 MWS Telephone conference with opposing 0.30 $450.00 135.00
counsel; preparation of certificate of
06/17/19 MWS
_
conference for notice of hearing.
Review
wut
of calendar,telephone conference 0.50 $450.00 225.00
Page 13 of37
7170 000005 Invoice #187107 Page 3
06/1 9/19 MWS Teleihone conference wit-
preparatlon of update to Mr.
0.90 $450.00 405.00
Salerno, telephone conference.
06/1 9/19 MWS Review of scheduling order and deadlines. 0.90 $450.00 405.00
preparation of litigation strategy, Initial
preparation of discovery requests.
0612011 9 MWS Analysis of request of TCPA discovery; legal 1.30 $450.00 585.00
research regarding permltted scope and
depositions of third parties; review of
complalnt; analysis of motion and proposed
requests: telephone conference with counsel.
06/20“ 9 LSA Review proposed motion for limited 2.00 $275.00 550.00
discovery from CFRES; case law research
regarding extent of discovery allowable
under the TCPA and applicability of case law
to facts in this case.
06/21/19 MWS Exohange of email correspondence 2.10 $450.00 945.00
regarding TCPA discovery; telephone
conference and email correspondence with
opposing counsel; telephone conference with
review of flling with court;
review of legal research.
06/21/19 LSA Review motion for limited discovery filed by 2.10 $275.00 577.50
CFRES and discuss with Mr. Stoker for
purposes of developlng response In
opposition.
03/24] 1 9 MWS Exchange of email correspondence with 0.70 $450.00 315.00
opposing counsel regarding discovery
hearing. deadlines for same. analysis of
additional information provided regarding
deposition, review of notice filed by opposing
counsel.
08/2411 9 LSA Confer with opposing counsel and Mr. Stoker 2.60 $275.00 71 5.00
to set date for hearing on motion for limited
discovery; attention to calendaring items and
discovery deadlines; case law research
regarding opposing motion for limited
discovery and begin draft of motion In
opposition to same.
FOR PROFESSIONAL SERVICES RENDERED 52.40 $1 6,367.50
Page 14 0f37
71 70 000005 Invoice # 1871 07 Page 4
EXPENSES Rate Units Amount
06/27/19 E106 Thomson Reuters-West; Onllna Research on 1.00 281.40
05/06/2019 by Mr. Dudley.
06/28/19 E112 My File Runner; Court Fees; E-flling In Dallas 1.00 7.45
County - 14th District Court on 05/02/201 9.
TOTAL EXPENSES $288.85
TOTAL FEES $1 6,367.50
TOTAL EXPENSES $288.85
INTEREST CHARGE FOR 60 DAYS PAST DUE $65.35
TOTAL CHARGES FOR THIS INVOICE $16.721.70
AMOUNT DUE FOR THIS INVOICE $1 6,721.70
PLEASE SEE COVER PAGE FOR PAST DUE BALANCE AND PAYMENTS
INVOICES ARE DUE AND PAYABLE UPON RECEIPT AND ARE PAST DUE AFTER THIRTY (30) DAYS.
INTEREST IS AUTOMATICALLY CHARGED ON ALL ACCOUNT BALANCES WHICH ARE NOT PAID
WITHIN SIXTY (60) DAYS OF THE DATE OF INVOICE. ALL PAYMENTS WILL BE APPLIED FIRST TO
ACCRUED INTEREST.
Page 15 of37
Cokinos |
Young
Attorneys At Law
Four Houston Canter
1221 Lamar Street. 16m Floor
Houston, TX T7010
Office: (713)535-5500
Telecopler: (71 3) 535-5533
Federal Tax ID: 76-02881 48
Internet: www.coklnoslaw.com
August 22. 2019
Victor Salerno Invoice #: 187476
UAH-Mayfalr Management Group Billed through: April 30, 2019
450 Lexington Avenue. 4th Floor Account 71 70 000005
New York, NY 10017
RE: CFRES v. UAH
PROFESSIONAL SERVICES Hours Rate Amount
02/14/19 ATD
’l
.20 $0.00 N/C
-
02/1 5/1 9
04/04/19
ATD
MWS
CHARGE)
CHARGE)
Analysis of complaint; timing of events
related to responsive pleadings;
motion to dismiss and responses
TCPA
to requests
1.50
1.20
$0.00
$450.00
N/C
540.00
for disclosure.
04/04/1 9 LSA Office conference with Mr. Stoker regarding 0.60 $0.00 N/C
strategy and response to CF Lane petition.
(N0 CHARGE)
04/05/1 9 MWS Preparation of email correspondence with 0.50 $450.00 225.00
Ms. Williams regarding status and service;
review and analysis of antI-slapp‘ legal
research for same.
04/05/1 9 LSA Review petition and case law regarding 1.70 $275.00 467.50
defamation and business disparagement for
purposes of developing strategy to file
Page 16 of37
71 70 000005 Invoice # 187476 Page 2
antI-SLAPP In response to same.
04/08/19 MWS Telephone conference with Mr. Salerno 0.90 $450.00 405.00
regarding strategy, Including antl-SLAPP,
answer, discovery and countersuit; exchange
of email correspondence; coordination of
defamatlon related research and projects.
04/08/19 LSA Research and analyze NY file documents for 1.10 $275.00 302.50
imposes of identifying any obligation to
04/09/19 MWS Email correspondence with Valeri Williams 0.30 $450.00 135.00
regarding service.
04/09/19 MWS Preparation of email correspondence to- 0.20 $450.00 90.00
04/09/19 LSA Offlce conference with Mr. Stoker regarding 0.50 $0.00 N/C
service of petition; review of same. (NO
CHARGE)
04/10/19 MWS Preparation of strategy for response, 0.50 $450.00 225.00
calendared date of service.
04/12/19 LSA Research regarding defamation mitlgation 1.30 $275.00 357.50
act for pUrposes of Incorporating Into
response to petition; begin drafting answer.
04115119 MWS Development of outline and strategy for 0.50 $450.00 225.00
response and AntI-SLAPP motion;
coordination of legal research.
04/16/19 MWS Review of legal res'earch regarding 0.30 $450.00 135.00
defamation claim and defamation per se.
04/1 6/19 LSA Research response deadlines for petition, 0.80 $275.00 220.00
anti—slapp. and hearings; send deadlines to
team for calendaring of same; research
regarding defamation mltigation act for
purposes of analyze potential affirmative
defense that requirements of act have not
been met.
04/18/19 MWS Review and analysis of Clark answer: 0.30 $450.00 135.00
attention to docket; service list and dates.
O4/22l19 LSA Call with Mr. Stoker regarding drafting motlon 0.40 $275.00 110.00
to dismiss; review memorandum by A.
Dudley regarding same.
04/23119 LSA Contlnue researching case law for purposes 1.90 $275.00 522.50
of drafting antlslapp motion in response to
petition; research regarding affirmative
Page 17 of37
71 70 000005 Invoice # 187476 Pane 3
defenses and specific denials for same.
04/2511 9 LSA Research regarding counterclaims and 1.20 $275.00 330.00
affirmative defenses to allege in denial and
antlslapp motlon to dlsmlss.
04/26/1 9 MWS Exchange of email correspondence with Mr. 0.20 $450.00 90.00
Salerno regarding call to office about
settlement.
04/30/19 MWS Preparation of strategy and outline for 1.1 O $450.00 495.00
anti-SLAPP motlon; attention to allegations
regarding-exchange of email
correspondence with Mr. Salerno; review of
general denial.
04/30/1 9 LSA Research regardlng proper party names and 3.90 $0.00 N/C
need for verified denial; continue working on
draft specific denial and anti-slapp motion:
review answer by defendant M. Clark
filed
and analyze for dlscovery response
deadlines. (NO CHARGE)
FOR PROFESSIONAL SERVICES RENDERED 22.30 $5,100.00
EXPENSES Rate Units Amount
TOTAL FEES $5,100.00
TOTAL EXPENSES $0.00
INTEREST CHARGE FOR 60 DAYS PAST DUE $65.35
TOTAL CHARGES FOR THIS INVOICE $5,165.35
AMOUNT DUE FOR THIS INVOICE $5.1 65.35
PLEASE SEE COVER PAGE FOR PAST DUE BALANCE AND PAYMENTS
INVOICES ARE DUE AND PAYABLE UPON RECEIPT AND ARE PAST DUE AFTER THIRTY (30) DAYS.
INTEREST IS AUTOMATICALLY CHARGED ON ALL ACCOUNT BALANCES WHICH ARE NOT PAID
WITHIN SIXTY (60) DAYS OF THE DATE OF INVOICE. ALL PAYMENTS WILL BE APPLIED FIRST TO
ACCRUED 1NTEREST.
Page 18 of37
Cokinos |
Young
Attorneys Al Law
Four Houston Canter
1221 Lamar Street. 16th Floor
Houston, TX 77010
Office: (713)535~5500
Telacopler: (713] 535-5533
Federal Tax ID: 7643288148
Internet: ww.cokinoslaw.com
September 1. 2019
Victor Salerno Invoice #: 189004
UAH-Mayfair Management Group Billed through: July 31, 2019
450 Lexington Avenue, 4th Floor Account 7170 000005
New York. NY 10017
RE: CFRES v. UAH
PROFESSIONAL SERVICES Hours Rate Amount
06/07/10 MWS Flnal review of amended answer and 0.70 $450.00 315.00
affirmative defenses. coordination of flllng
same.
07/01/19 LSA Draft motlon in response to Plaintiff?s Motion 5.60 $275.00 1,540.00
for Limited Discovery: read and analyze all
case law clted by plaintiffs for purposes of
developing arguments in response and to
distinguish cases In preparation of hearing
on same.
07/02/19 LSA Continue drafting motion in response to 4.80 $275.00 1,320.00
Plaintiff?s Motion for Limited Discovery;
continue researching and analyzing case law
for Inclusion in same.
07/03/19 LSA Continue drafting motion in response to 6.10 $275.00 1,677.50
Plaintiff75 Motion for Limited Discovery:
continue case law research regarding basis
for opposing deposition of non-party under
TCPA discovmy rules.
07/05/19 MWS Preparation of response to motion for 1.50 $450.00 675.00
discovery, review ofjudge's preferences and
TCPA decisions.
07/05/19 LSA Revlew motion in response to Plaintiff?s 2.70 $275.00 742.50
Motion for Limited Discovery; strategy for
handling hearing and preparation for same.
07/08/19 MWS Review and revision ofresponsein 1.20 $450.00 540.00
Page 19 of37
7170 000005 Involoe # 1 89004 Pane 2
opposition to request for d‘scovery,
coordination of flling.
07/0811 9 LSA Revise and flnallze response to Motion for 3.40 $275.00 935.00
Limited Discovery and prepare for filing.
07/09/1 9 LSA Continue to research reIBVant case law 3.80 $275.00 1,045.00
regarding discovery und
Preview
FILED DALLAS COUNTY 10/29/2019 4:28 PM FELICIA PITRE DISTRICT CLERK Kellie Juricek CAUSE NO. DC-19-04400 § CF REAL ESTATE SERVICES, LLC, § IN THE DISTRICT COURT § Plaintiffi § § V. § DALLAS COUNTY § UAH PROPERTY MANAGEMENT L.P., § UAH PROPERTY MANAGEMENT I, LLC,§ 14TH JUDICIAL DISTRICT AND MICHAEL V. CLARK § § Defendants. § UAH DEFENDANTS’ APPLICATION FOR ATTORNEYS’ FEES, COSTS, AND SANCTIONS COMES NOW, Defendants UAH Property Management, LP and UAH Property Management I, LLC (the “UAH Defendants”) and files its Application for Attorneys’ Fees, Costs, and Sanctions, and would respectfillly show the Court as follows: The Court granted UAH Defendants’ TCPA Motion t0 Dismiss 0n October 7, 2019, and ordered Plaintiff to pay UAH Defendants’ reasonable attorneys’ fees, and other expenses pursuant t0 Tex. CiV. Prac. & Rem. Code § 27.009(a)(1). See Order Granting Defendant’s Motion to Dismiss. Additionally, pursuant to Tex. CiV. Prac. & Rem. Code § 27.009(a)(2), the Court must impose sanctions upon Plaintiff in an amount “sufficient to deter the party who brought the legal action” from brining similar actions. Attornevs’ Fees and Costs As such, in compliance with the Court’s Order, and the TCPA statute, UAH Defendants provide as evidence the following: 1. Invoices 0f costs 0f attorneys’ fees from UAH Defendants’ retained law firm, Cokinos Young, attached hereto as Exhibit A; and | UAH DEFENDANTS’ APPLICATION FOR FEES, COSTS, AND SANCTIONS 2. Signed and notarized affidavit 0f the undersigned lead counsel in support of UAH Defendants’ reasonable attorneys” fees and costs, attached hereto as Exhibit B. The usual and customary hourly rates for the attorneys that work on this matter are as follows: Principal M. Wilson Stoker, $450.00 and Associate Lauren S. Aldredge, $275.00, as documented in Exhibits A and B. As further reflected in Exhibits A and B, the Mr. Stoker spent a total 0f 108.3 hours in connection With defending against Plaintiff’s lawsuit, and Ms. Aldredge spent a total of 200.5 hours. Together, the attorneys’ fees incurred by the UAH Defendants’ in connection With defending against Plaintiffs’ lawsuit amount to $102,435.00. UAH Defendants further request that, in the event of Plaintiff s unsuccessful appeal t0 the Court of Appeals, UAH Defendants be awarded $35,000.00 in reasonable attorneys’ fees. Should Plaintiff fithher petition the Supreme Court for review, UAH Defendants request an award 0f $50,000.00 in attorneys’ fees for defending against Plaintiff’s Petition for Review and any oral argument allowed by the Court, if Plaintiff is unsuccessful. The total amount 0f costs incurred by the UAH Defendants’ in connection With defending against Plaintiff s lawsuit, including mileage, travel, hearing attendance, and discovery, amount to $13,424.50. Sanctions With respect to sanctions, the TCPA mandates that the Court “shall award” sanctions against the party who brought the action as the Court determines sufficient to deter the party from bringing similar actions. Tex. CiV. Prac. & Rem. Code § 27.009. Sanctions are mandatory upon dismissal under the TCPAI, but Within the trial court’s discretion. Landry ’s Inc. v. Animal Legal Defense Fund, 566 S.W.3d 41, 70 (Tex. App.—H0uston [14th Dist] 2018, pet. filed), reh’ g denied 1 The amendments t0 the TCPA from the past legislative session changed the award 0f sanctions from mandatory t0 discretionary, however, those amendments d0 not apply t0 lawsuits (like this one) filed before Sept. 1, 2019. UAH DEFENDANTS’ APPLICATION FOR FEES, COSTS, AND SANCTIONS (Dec. 3 1, 201 8). The UAH Defendants’ respectfully submit that a sanctions award in the range of $15,000-$25,000 is appropriate, given the amount 0f damages sought in Plaintiff s Original Petition (more than $9,000,000) and the profitability of Plaintiff. CONCLUSION & PRAYER WHEREFORE, Defendants UAH Property Management, L.P. and UAH Property Management I, LLC ask that the Court, upon a final hearing 0f this matter, grant UAH Defendants its attorneys’ fees in the amount of $102,435.00, costs in the amount of $13,424.50, conditional attorneys fees for defending appeals, and sanctions sufficient t0 deter Plaintiff from bringing similar lawsuits as required under § 27.009 of the Texas Civil Practice & Remedies Code, and grant any other relief the Court deems necessary and just. Respectfully submitted, COKINOS YOUNG | /s/M. Wilson Stoker M. Wilson Stoker State Bar No. 24076806 Lauren S. Aldredge State Bar No. 24079380 900 S. Capital of Texas Highway, Suite 425 Austin, TX 78746 Tel. (5 12) 476-1080 Fax: (512) 610-1 184 wstoker@cokinoslaw.com laldredgeéflcokinoslawcom ATTORNEYS FOR UAH PROPERTY MANAGEMENT, L.P. AND UAH PROPERTY MANAGEMENT I, LLC UAH DEFENDANTS’ APPLICATION FOR FEES, COSTS, AND SANCTIONS CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the above and foregoing Application for Attorneys‘ Fees, Costs, and Sanctions was filed and served electronically 0n all counsel 0f record on this 29th day of October, 2019. Plaintiff CF Real Estate Services, LLC Defendant Michael V. Clark Valeri C. Williams, Esq. Brett Myers, Esq Wilson, Elser, Moskowitz, Edelman & Wick Phillips Gould & Martin, LLP Dicker, LLP 3 131 McKinney Avenue, Suite 100 Bank of America Plaza Dallas, Texas 75204 901 Main Street, Suite 4800 Brett.mvers@wickphillips.com Dallas, Texas 75202 valeri.williams@wilsonelser.com /s/M Wilson Stoker M. Wilson Stoker UAH DEFENDANTS’ APPLICATION FOR FEES, COSTS, AND SANCTIONS EXHIBIT A COKINOS YOUNG INVOICES | Page 5 of37 Cause No. DC-19-04400; CFReal Estate Services, LLC v. UAHProperty Management L.P., UAH Properly Management 1, LLC, and Michael Clark; In the 14th Judicial District; Dallas County, Texas COKINOS YOUNG l ATTORNEYS FEES CHART Date Invoice Fees Expenses Total Number April 25, 2019 182463 $1,100.00 $0 $1,100.00 June 30, 2019 185273 $13,887.50 $0 $13,887.50 July 31, 2019 187107 $16,367.50 $288.85 $16,656.35 August 22, 2019 187476 $5,010.00 $0 $5,010.00 September 1, 2019 189004 $17,507.50 $250.32 $17,757.82 September 30, 2019 189654 $24,637.50 $29.80 $24,667.30 October 21, 2019 190564 $2,272.50 $934.79 $3,207.29 October 29, 2019 190715 $21,652.50 $1 1,920.74 $33,573.24 TOTAL $102,435.00 $13,424.50 $115,859.50 EXHIBIT A Cokinos | Young Attorneys At Law Four Houston Canter 1221 Lamar Street. 16th Floor Houston. TX 77010 Office: (713)535-5500 Telecopler: (713) 535-5533 Federai Tax ID: 76-0288148 lnkarnal: www.cokinoslaw.com April 25, 201 9 Victor Salerno invoice #: 182463 UAH-Mayfalr Management Group Billed through: March 31, 2019 450 Lexington Avenue, 4th Floor Account 7170 000005 New York, NY 10017 RE: CFRES v. UAH PROFESSIONAL SERVICES Hours Rate Amount 03/18/19 MWS Review of Dallas County onIine docket for 0.20 $450.00 90.00 case. 03/28/19 MWS Review and analysis of complaint filed by 1.10 $450.00 495.00 Valeri Williams; exchange of email correspondence wit review of prior correspondence; research regarding abatemem, accepting service; research regardin_ telephone conference with— 03/28/19 LSA Review and analyze CFRES Original Petition 0.40 $275.00 110.00 for purposes of analyzing claims and developing response strategy. 03/29/19 MWS Telephone conference with!CF _regarding status of lawsuit wul 1.10 $450.00 495.00 Lane; review of complaint; preparation of email correspondence witl— telephone conference wilh_with update on status; exchange of email correspondence with_. FOR PROFESSIONAL SERVICES RENDERED 2.80 $1,190.00 EXPENSES Rate Units Amount Page 7 of 37 71 7'0 000005 Invoice # 182463 Page 2 TOTAL FEES $1.190.00 TOTAL EXPENSES $0.00 INTEREST CHARGE FOR 60 DAYS FAST DUE $0.00 TOTAL CHARGES FOR THIS INVOICE $1 .190.00 AMOUNT DUE FOR THIS INVOICE $1,190.00 PLEASE SEE COVER PAGE FOR PAST DUE BALANCE AND PAYMENTS INVOICES ARE DUE AND PAYABLE UPON RECEIPT AND ARE PAST DUE AFTER THIRTY (30) DAYS. INTEREST IS AUTOMATICALLY CHARGED 0N ALL ACCOUNT BALANCES WHICH ARE NOT PAID WITHIN SIXTY (60) DAYS OF THE DATE OF INVOICE. ALL PAYMENTS WILL BE APPLIED FIRST TO ACCRUED INTEREST Page 8 of 37 7‘1 70 000005 Invoice # 185273 Pane 2 05107“ 9 MWS Development and strategy for of outline 0.40 $450.00 180.00 presenting and attacking plaintiff‘s arguments regarding "per se" defamatlon and fraud. 05l07l1 9 LSA Continue research into defamation anti-slapp 3.40 $275.00 935.00 cases for purposes of developing response strategy and affirmative defense: continue review_memorandum regarding same to develop appropriate evidentiary basis to make case for affirmative defenses. 05/09” 9 LSA Finalize memorandum to Mr. Stoker 1.30 $275.00 357.50 regarding summary of defamation antl-slapp cases. 05/1 7/1 9 LSA Review and analyze Initial disclosures for 1.70 $275.00 467.50 purposes of deveIOping response strategy and inclusion in motion to diamiss per TCPA; case law research regarding affirmative defenses and arguments for establishing by preponderance of the evidence in a TCPA motion to dismiss. 05/2011 9 MWS Review of case law related to anti-slapp 0.30 $450.00 135.00 motion and defamation related to aIUegations and statements of crime. 05/21/1 9 MWS Review and analysis of Clark‘s disclosmas. 0.30 $450.00 135.00 05/22/1 9 LSA Continue case law research and analysis for 0.80 $275.00 220.00 inciusion in antislapp motion to dismiss. 05/23/1 9 MWS Coordination of all matters; dockets: staffing 0.20 $450.00 N/c and task ilst. (NO CHARGE) 05’23/‘1 9 MWS Revlew of requests for disclosures and 0.30 $450.00 135.00 requests for production served on Clark. 05/23/1 9 LSA Review disclosures from M. Clark; continue 2.90 $275.00 797.50 drafting antislapp motion to dismiss; review requests for disclosures from M. Clark and calendar appropriate deadllne; prepare list of case deadlines in anticipation of meeting on Friday with trial team. 0512411 9 KMH1 Legal Assistant: Review Gourt?s website for 1.20 $150.00 180.00 local rules regarding scheduling orders: draft proposed scheduling order for attorney review. 05I24I1 9 MWS Development of discovery strategy; review of 0.40 $450.00 180.00 deadlines related to motion to dismiss; Page 9 of 37 T1 70 000005 Invoice # 1 85273 Page 3 attention to disclosures and other pending items. 05/24/19 MWS Review of proposed scheduling order. 0.20 $450.00 90.00 05l24l1 9 MWS Conference with associates and staff 0.40 $450.00 NIC regarding case management including tasks: calendar; and Internal deadlines. (NO CHARGE) 05I24/1 9 MWS Review and revision of requests for 0.20 $450.00 90.00 disclosure. 05/24] 1 9 LSA Trialteam meeting to discuss strategy and 4.10 $0.00 NIC deadlines for filing amended answer and affirmative defenses, antislapp motion to - dismiss. dismiss, continue drafting antisIapp motion to (N0 CHARGE) 05/2511 9 LSA Continue drafting antislapp motion to 3.20 $275.00 880.00 dismiss, including section on how CFRES has not met Its burden to show Its causes of action by clear and specific evidence and case law research regarding same for inclusion in motion. MWS with— - 05/28” 9 Telephone conference 0.60 $450.00 270.00 exchange of email correspondence with— 05/2811 9 MWS Development of TCPA prima facle and 1 .50 $450.00 675.00 affirmative defenses arguments; legal research for same. 05/28/1 9 MWS Review and ravision of response to requests 0.50 $450.00 225.00 for disclosures; coordination of service of same. 05/28/1 9 LSA Continue to draft and revise antislapp motion 6.30 $275.00 1 {732.50 to dismiss under the TCPA, including section regarding establishing affirmative defenses of qualified privilege and substantial truth: draft review discovery deadlines and begin drafting Initial disclosure responses. Page 10 of37 T1 70 000005 Invoice # 1 85273 Pane 4 05129/19 KMH1 Legal Assistant: Review Dallas County 0.10 $150.00 15.00 records repository to check for any updates. 05/29/19 LSA Draft inltial dlsclosures and calendar 2.20 $275.00 605.00 deadlines In case to ensure compliance; research regarding for purposes of drafting same for antislapp motion to dismiss. 05/30/19 KMH1 Legal Assistant: Re-confirm deadline to file 0.70 $1 50.00 105.00 AntI-Slapp Motion and review local rules and Judges Procedures for filing same. 05/30“ 9 MWS Review and revision of TCPA motion to 3.30 $450.00 1,485.00 dismiss; analysis of legal research: preparation of outline and headlngs; development of strategy. 05/31/19 LSA Revise antislapp motion per discussion with 4.70 $275.00 1,292.50 Mr. Stoker regarding— : case law research and analysis to support same. FOR PROFESSIONAL SERVICES RENDERED 52.70 $13,887.50 EXPENSES Rate Units Amount TOTAL FEES $13,887.50 TOTAL EXPENSES $0.00 INTEREST CHARGE FOR 60 DAYS PAST DUE $65.35 TOTAL CHARGES FOR THIS INVOICE $1 3,952.85 AMOUNT DUE FOR THIS INVOICE $13,952.85 PLEASE SEE COVER PAGE FOR PAST DUE BALANCE AND PAYMENTS INVOICES ARE DUE AND PAYABLE UPON RECEIPT AND ARE PAST DUE AFTER THIRTY (30) DAYS. INTEREST IS AUTOMATICALLY CHARGED 0N ALL ACCOUNT BALANCES WHICH ARE NOT PAID WITHIN SIXTY (60) DAYS OF THE DATE OF INVOICE. ALL PAYMENTS WILL BE APPLIED FIRST T0 ACCRUED INTEREST. Page 11 0f37 Cokinos | Young Attorneys At Law Four Houston Center 1221 Lamar Street. 16th Floor Houston. TX 77010 Offlce: (713)535-5500 Telecoplar: (713] 535-5533 Federal Tax ID: 76-0288148 Internet: www.coklnoslaw.com July 31, 2019 Victor Salerno Invoice #: 187107 UAH-Mayfair Management Group thmunh: Billed June 30. 2019 450 Lexington Avenue. 4th Floor Account 717D 000005 New York. NY 10017 RE: CFRES V. UAH PROFESSIONAL SERVICES Hours Rate Amount 06/03“ 9 MWS Preparatlon of email correspondence to Mr. 0.20 $450.00 90.00 Salerno regardin 06103“ 9 LSA Continue revising draft antislapp motlon; 5.10 $275.00 1 .402.50 and _ attention to discovery deadlines; review analyze incorporation into antislapp motion and declaration 06/04/1 9 MWS Management of deadlines and 0.40 $450.00 180.00 communications wlth opposing counsel In advance of motlon to dismiss. 06/04/1 9 LSA Work wlth Ms. Martinez to calendar 3.80 $275.00 1,045.00 dlscovery deadllnes: review of State Street contracts to include in declaration of V. Salerno; continue revising draft antislapp motion and 06/0511 9 LSA Draft amended answer and affirmative 6.20 $275.00 1 .705.00 defenses; review and revise joint scheduling order and draft emall to all parties regarding filing; draft correspondence regarding late dlsclosures to Plaintiff CFRES; correspond with counsel regarding filing ofjolnt scheduling order and proposed revisions to same. 06/06/1 9 MWS Review and revision of amended answer. 0.50 $450.00 225.00 Page 12 0f37 T170 000005 Involcs # 1871 07 Page 2 06/06/19 MWS Preiaration of 1.10 $450.00 495.00 for antl—SLAPP motion. 06/06/19 MWS Review of plaintiff‘s responses to request for 0.20 $450.00 90.00 disclosure for use in motion to dismiss. 06/07/19 MWS Review and revision of AntI—SLAPP motion, 1.30 $450.00 585.00 attentlon to procedural issues and local rules. 06/08/19 MWS Exchange of small correspondence with 0.30 $450.00 135.00 opposing counsel regarding discovery. 06/09/19 MWS Review and revision of anti-SLAPP motion to 2.90 $450.00 1,305.00 dismiss 06/10/19 MWS Final preparation 0f motion to dismiss, 5.00 $450.00 2,250.00 development of Introduction; revision to legal argument regarding substantial truth; coordination of filing; confirmation of same. 06/1 0/19 MWS Redactlon of exhibits, flnal proof read of 1.50 $450.00 N/C motion, confirmation of Judge's preference and court rules. (NO CHARGE) 06/10/19 LSA Revise antislapp motion to include sections 6.30 $275.00 1,?32.50 regarding defamation regardlng Insurance fraud and the standard for establishing charged with crime or fraud; cite check brlef and table of contents for accuracy and formatting: proofread and finalize motion for filing; revlse and proofread affidavit and exhlblts attached to same for filing. 06/1 1/1 9 MWS Setting of hearing date, review of options for 0.40 $450.00 180.00 same and Judge's preferences. 06/1 1/19 LSA Scheduling. and strategy for defending 3.60 $0.00 N/G antislapp motion; work wlth Ms. Martinez to discuss filing certlficate of conference and compliance with local rules: review draft notice of hearing. (NO CHARGE) 06l14l19 MWS Attention to statua of certificate of conference 0.20 $450.00 90.00 and status of hearing date. 06/1 7/19 MWS Telephone conference with opposing 0.30 $450.00 135.00 counsel; preparation of certificate of 06/17/19 MWS _ conference for notice of hearing. Review wut of calendar,telephone conference 0.50 $450.00 225.00 Page 13 of37 7170 000005 Invoice #187107 Page 3 06/1 9/19 MWS Teleihone conference wit- preparatlon of update to Mr. 0.90 $450.00 405.00 Salerno, telephone conference. 06/1 9/19 MWS Review of scheduling order and deadlines. 0.90 $450.00 405.00 preparation of litigation strategy, Initial preparation of discovery requests. 0612011 9 MWS Analysis of request of TCPA discovery; legal 1.30 $450.00 585.00 research regarding permltted scope and depositions of third parties; review of complalnt; analysis of motion and proposed requests: telephone conference with counsel. 06/20“ 9 LSA Review proposed motion for limited 2.00 $275.00 550.00 discovery from CFRES; case law research regarding extent of discovery allowable under the TCPA and applicability of case law to facts in this case. 06/21/19 MWS Exohange of email correspondence 2.10 $450.00 945.00 regarding TCPA discovery; telephone conference and email correspondence with opposing counsel; telephone conference with review of flling with court; review of legal research. 06/21/19 LSA Review motion for limited discovery filed by 2.10 $275.00 577.50 CFRES and discuss with Mr. Stoker for purposes of developlng response In opposition. 03/24] 1 9 MWS Exchange of email correspondence with 0.70 $450.00 315.00 opposing counsel regarding discovery hearing. deadlines for same. analysis of additional information provided regarding deposition, review of notice filed by opposing counsel. 08/2411 9 LSA Confer with opposing counsel and Mr. Stoker 2.60 $275.00 71 5.00 to set date for hearing on motion for limited discovery; attention to calendaring items and discovery deadlines; case law research regarding opposing motion for limited discovery and begin draft of motion In opposition to same. FOR PROFESSIONAL SERVICES RENDERED 52.40 $1 6,367.50 Page 14 0f37 71 70 000005 Invoice # 1871 07 Page 4 EXPENSES Rate Units Amount 06/27/19 E106 Thomson Reuters-West; Onllna Research on 1.00 281.40 05/06/2019 by Mr. Dudley. 06/28/19 E112 My File Runner; Court Fees; E-flling In Dallas 1.00 7.45 County - 14th District Court on 05/02/201 9. TOTAL EXPENSES $288.85 TOTAL FEES $1 6,367.50 TOTAL EXPENSES $288.85 INTEREST CHARGE FOR 60 DAYS PAST DUE $65.35 TOTAL CHARGES FOR THIS INVOICE $16.721.70 AMOUNT DUE FOR THIS INVOICE $1 6,721.70 PLEASE SEE COVER PAGE FOR PAST DUE BALANCE AND PAYMENTS INVOICES ARE DUE AND PAYABLE UPON RECEIPT AND ARE PAST DUE AFTER THIRTY (30) DAYS. INTEREST IS AUTOMATICALLY CHARGED ON ALL ACCOUNT BALANCES WHICH ARE NOT PAID WITHIN SIXTY (60) DAYS OF THE DATE OF INVOICE. ALL PAYMENTS WILL BE APPLIED FIRST TO ACCRUED INTEREST. Page 15 of37 Cokinos | Young Attorneys At Law Four Houston Canter 1221 Lamar Street. 16m Floor Houston, TX T7010 Office: (713)535-5500 Telecopler: (71 3) 535-5533 Federal Tax ID: 76-02881 48 Internet: www.coklnoslaw.com August 22. 2019 Victor Salerno Invoice #: 187476 UAH-Mayfalr Management Group Billed through: April 30, 2019 450 Lexington Avenue. 4th Floor Account 71 70 000005 New York, NY 10017 RE: CFRES v. UAH PROFESSIONAL SERVICES Hours Rate Amount 02/14/19 ATD ’l .20 $0.00 N/C - 02/1 5/1 9 04/04/19 ATD MWS CHARGE) CHARGE) Analysis of complaint; timing of events related to responsive pleadings; motion to dismiss and responses TCPA to requests 1.50 1.20 $0.00 $450.00 N/C 540.00 for disclosure. 04/04/1 9 LSA Office conference with Mr. Stoker regarding 0.60 $0.00 N/C strategy and response to CF Lane petition. (N0 CHARGE) 04/05/1 9 MWS Preparation of email correspondence with 0.50 $450.00 225.00 Ms. Williams regarding status and service; review and analysis of antI-slapp‘ legal research for same. 04/05/1 9 LSA Review petition and case law regarding 1.70 $275.00 467.50 defamation and business disparagement for purposes of developing strategy to file Page 16 of37 71 70 000005 Invoice # 187476 Page 2 antI-SLAPP In response to same. 04/08/19 MWS Telephone conference with Mr. Salerno 0.90 $450.00 405.00 regarding strategy, Including antl-SLAPP, answer, discovery and countersuit; exchange of email correspondence; coordination of defamatlon related research and projects. 04/08/19 LSA Research and analyze NY file documents for 1.10 $275.00 302.50 imposes of identifying any obligation to 04/09/19 MWS Email correspondence with Valeri Williams 0.30 $450.00 135.00 regarding service. 04/09/19 MWS Preparation of email correspondence to- 0.20 $450.00 90.00 04/09/19 LSA Offlce conference with Mr. Stoker regarding 0.50 $0.00 N/C service of petition; review of same. (NO CHARGE) 04/10/19 MWS Preparation of strategy for response, 0.50 $450.00 225.00 calendared date of service. 04/12/19 LSA Research regarding defamation mitlgation 1.30 $275.00 357.50 act for pUrposes of Incorporating Into response to petition; begin drafting answer. 04115119 MWS Development of outline and strategy for 0.50 $450.00 225.00 response and AntI-SLAPP motion; coordination of legal research. 04/16/19 MWS Review of legal res'earch regarding 0.30 $450.00 135.00 defamation claim and defamation per se. 04/1 6/19 LSA Research response deadlines for petition, 0.80 $275.00 220.00 anti—slapp. and hearings; send deadlines to team for calendaring of same; research regarding defamation mltigation act for purposes of analyze potential affirmative defense that requirements of act have not been met. 04/18/19 MWS Review and analysis of Clark answer: 0.30 $450.00 135.00 attention to docket; service list and dates. O4/22l19 LSA Call with Mr. Stoker regarding drafting motlon 0.40 $275.00 110.00 to dismiss; review memorandum by A. Dudley regarding same. 04/23119 LSA Contlnue researching case law for purposes 1.90 $275.00 522.50 of drafting antlslapp motion in response to petition; research regarding affirmative Page 17 of37 71 70 000005 Invoice # 187476 Pane 3 defenses and specific denials for same. 04/2511 9 LSA Research regarding counterclaims and 1.20 $275.00 330.00 affirmative defenses to allege in denial and antlslapp motlon to dlsmlss. 04/26/1 9 MWS Exchange of email correspondence with Mr. 0.20 $450.00 90.00 Salerno regarding call to office about settlement. 04/30/19 MWS Preparation of strategy and outline for 1.1 O $450.00 495.00 anti-SLAPP motlon; attention to allegations regarding-exchange of email correspondence with Mr. Salerno; review of general denial. 04/30/1 9 LSA Research regardlng proper party names and 3.90 $0.00 N/C need for verified denial; continue working on draft specific denial and anti-slapp motion: review answer by defendant M. Clark filed and analyze for dlscovery response deadlines. (NO CHARGE) FOR PROFESSIONAL SERVICES RENDERED 22.30 $5,100.00 EXPENSES Rate Units Amount TOTAL FEES $5,100.00 TOTAL EXPENSES $0.00 INTEREST CHARGE FOR 60 DAYS PAST DUE $65.35 TOTAL CHARGES FOR THIS INVOICE $5,165.35 AMOUNT DUE FOR THIS INVOICE $5.1 65.35 PLEASE SEE COVER PAGE FOR PAST DUE BALANCE AND PAYMENTS INVOICES ARE DUE AND PAYABLE UPON RECEIPT AND ARE PAST DUE AFTER THIRTY (30) DAYS. INTEREST IS AUTOMATICALLY CHARGED ON ALL ACCOUNT BALANCES WHICH ARE NOT PAID WITHIN SIXTY (60) DAYS OF THE DATE OF INVOICE. ALL PAYMENTS WILL BE APPLIED FIRST TO ACCRUED 1NTEREST. Page 18 of37 Cokinos | Young Attorneys Al Law Four Houston Canter 1221 Lamar Street. 16th Floor Houston, TX 77010 Office: (713)535~5500 Telacopler: (713] 535-5533 Federal Tax ID: 7643288148 Internet: ww.cokinoslaw.com September 1. 2019 Victor Salerno Invoice #: 189004 UAH-Mayfair Management Group Billed through: July 31, 2019 450 Lexington Avenue, 4th Floor Account 7170 000005 New York. NY 10017 RE: CFRES v. UAH PROFESSIONAL SERVICES Hours Rate Amount 06/07/10 MWS Flnal review of amended answer and 0.70 $450.00 315.00 affirmative defenses. coordination of flllng same. 07/01/19 LSA Draft motlon in response to Plaintiff?s Motion 5.60 $275.00 1,540.00 for Limited Discovery: read and analyze all case law clted by plaintiffs for purposes of developing arguments in response and to distinguish cases In preparation of hearing on same. 07/02/19 LSA Continue drafting motion in response to 4.80 $275.00 1,320.00 Plaintiff?s Motion for Limited Discovery; continue researching and analyzing case law for Inclusion in same. 07/03/19 LSA Continue drafting motion in response to 6.10 $275.00 1,677.50 Plaintiff75 Motion for Limited Discovery: continue case law research regarding basis for opposing deposition of non-party under TCPA discovmy rules. 07/05/19 MWS Preparation of response to motion for 1.50 $450.00 675.00 discovery, review ofjudge's preferences and TCPA decisions. 07/05/19 LSA Revlew motion in response to Plaintiff?s 2.70 $275.00 742.50 Motion for Limited Discovery; strategy for handling hearing and preparation for same. 07/08/19 MWS Review and revision ofresponsein 1.20 $450.00 540.00 Page 19 of37 7170 000005 Involoe # 1 89004 Pane 2 opposition to request for d‘scovery, coordination of flling. 07/0811 9 LSA Revise and flnallze response to Motion for 3.40 $275.00 935.00 Limited Discovery and prepare for filing. 07/09/1 9 LSA Continue to research reIBVant case law 3.80 $275.00 1,045.00 regarding discovery und