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4/6/2021 177
RECEIVED
COMMONWEALTH OF MASSACHUSETS
ESSEX, SS SUPERIOR COURT
SABA HASHEM, individually, and as a *
Member of, and derivatively on behalf of, *
D’ANGELO and HASHEM, LLC.
Plaintiff Civil Action No. 16CV1419
Vv.
STEPHEN L. D’ANGELO, D’ANGELO
LAW GROUP, LLC, and D’ANGELO
AND HASHEM, LLC.
Defendants
FIFTH, REVISED JOINT AFFIDAVIT REGARDING PAYMENT FROM ESCROW OF
DEFENDANTS’ FEES PER ORDER 125, DATED AUGUST 7, 2020
(With Redacted Contemporaneously-Recorded Time Records)
NOW COMES counsel for Defendants, Cossingham Law Office, P.C., Kenneth A. Cossingham, Esq.
and Thomas C. LaPorte, Esq. and respectfully state and submit this Fifth, Revised Affidavit of Fees for hours
and fees incurred and legal services provided to since those reported in Defendants’ Fourth Affidavit submitted
on February 1, 2021, (which sought $104,602.12', inclusive of approximately $4,400.00 in then outstanding
advanced costs.)
This Fifth Revised Affidavit seeks fees incurred, and some of those costs carried over, since the date of
the last time entry for services shown on said Fourth Revised Affidavit, January, 6, 20201, through March 31,
2021. Redacted contemporaneously-entered time records with detailed description of the legal services
provided on each date, all of which have been invoiced at a reduced hourly rate.? (Please see as Exhibit A,
attached hereto.) The total amount of fees and costs is $120,523.87, (inclusive of reduced costs), for this time
1 Since the date of that filing, February 1, 2021, costs of $1156.50, which were included as part of Defendants’ 4" Affidavit have
been paid.
? This figure has been calculated after applying a discounted, actually a twice-discounted) hourly rate of $285.00. Said discounted
rate is more than 19.5% less than the affiants’ respective standard hourly rate of $350.00. As conveyed to the Court in our 4th
Revised Affidavit at FN 1, therein, Defendants’ counsel has agreed to accept this reduced hourly rate because of the Defendants’
difficult cash flow issues, arising from substantially reduced persona! injury and workers’ compensation cases associated with a
reduced labor force, (many of whom are no longer working in workplaces, but rather remotely, and the related decrease in the
number of drivers on the roads and resultant reduction in motor vehicle accidents.) Insurance carriers have also been delaying
offering acceptable settlements, or at all, in certain cases, as a result of forms like DLG to bring a case to trial or jury trial, where the
Trial Court has experienced closures, difficulty in seating juries, and the triaging of all legal matters brought before them. All of
these unique factors continue to dramatically reduce Defendants’ revenues, which has caused a continuing, real and considerable
threat to Defendants’ operations, and to their employees’ abilities to support their families.
1
period through April 6, 2021.4 Defendants’ finances especially those of the Defendant, D’ Angelo Group, LLC,
(DLG”), which employs eight (8) employees, all of whom have families they support, remains very weak.
These earnings are the only source of payment of Defendants’ Attorney’s Fees and related costs incurred, and to
be incurred.° This figure does not include fees for 2 paralegals work on this matter, which are not sought at this
time.
This figure sought does include reasonable attorney’s fees for which Defendants seek reimbursement
via its pending Motion Rule 11a Motion, and shall be reduced by any attorney’s fees the Court might assess
after oral argument at the hearing of that motion.
These fees also continue to be invoiced on a reduced hourly rate of $285.00 versus our standard hourly
rate of $350.00, which is a reduction by more than 18.5%, alone. In addition, “no-charges” and the application
of paralegal rates to certain attorney-produced work now approximate $20,000.00, if not more, in value.
Finally. we conservatively believe that this firm will require $45,000.00° for and beginning with the
preparation and attendance at the hearing regarding four motions filed by Defendants, scheduled for April 9,
2021 at 11:00 a.m., and thereafter preparation for trial, including supplementing Motions in Limine, Exhibits,
analyzing and arguing regarding same, preparing witnesses, exhibits, proposed jury instructions and preferences
for voir dire at the Final Trial Conference, and then for presenting presenting Defendants’ case and providing
their defenses through the course of a multi-day jury trial, and that costs for the services of our disclosed expert
witness, as we have been recently informed, will approximate at least $12,500.00. Defendants’ disclosed expert
witness is very important to their defenses against the remaining claims by both the Plaintiff and the Intervenor,
including Breach of Fiduciary Duties, and the Massachusetts Uniform Transfer Act, and is requiring 80% of this
this figure, ($10,000.00), in advance, as a retainer to take her work and to appear in Court.
In accord with your Order allowing Defendants’ Motion allowing its their Counsel’s attorney’s be paid
from the withheld fees from the settlement proceeds of Objectors to the Columbia Gas explosions class action,
we submit our fees and costs incurred of $120,388.87.”
We further submit, in the interests of judicial economy, and Defendants’ counsel’s knowledge of this
large case and the facts, disputed and not, as well as with the Opposing Counsels, that the request for a retainer
4 Interest of 1.5% per month per retainer agreement has also been waived, and not included herein. Defendants’ counsel estimates
that non-included sum to total approximately $10,000.00.
5 To reiterate, the Defendants’ law practice remains palpably and significantly impacted. The firm’s two (2) practice areas of
Personal Injury and Workers Compensation law remained remain weak, and jury trials and settlements hard to come by due to
courts’ COVID-adjusted schedules, a lack of ability to convene juries and a much-reduced motivation as this Pandemic has continued, ,
from insurance carriers and the “insurance bar” to resolve cases efficiently and fairly.
® This estimate is $10,000.00 less than estimated in prior-filed and served Revised Affidavits.
7 The sum of $104,602.12 set forth on the Statement, dated 1/6/2021, plus the $16,943.25 in fees, net of “no charges” incurred
since January 6, 2021, the cut-off date set forth in the 4th Affidavit, includes a reduction of $1156.50 in costs due to payment of that
cost bringing Defendants’ Counsel’s previously-reported total owed to $103,445.62.
2
of $45,000.00 for fees and $12,500.00 in costs for the assistance of their expert witness anticipated through trial
is also reasonable and warranted.
Signed under the pains and penalties of perjury this 6th day of April, 2021
Respectfully submitted,
Counsel for Defendants
COSSINGHAM LAW OFFICE, PC
/s/Thomas C. LaPorte
Thomas C. LaPorte, Esq.
BBO #634194
/s/Kenneth A. Cossingham
Kenneth A. Cossingham, Esq.
BBO# 109790
Cossingham Law Office, PC
30 Massachusetts Ave., Suite 404
N. Andover, MA 01845
Tel: 978-685-5686
Fax: 978-794-0985
kcossingham@cossinghamlaw.com
laporte@cossinghamlaw.con
CERTIFICATE OF SERVICE
I, Thomas C. LaPorte, Esq., hereby certify that on the 6th day of April, 2021, I served a copy of this
foregoing Fifth, Revised Joint Affidavit re Attorneys’ Fees plus Costs, with Exhibit A, to the Defendants via
email, and through the Court’s electronic filing system to all attorneys and parties who have entered
service
contacts in this case to:
Mernaysa Rivera-Bujosa, Esq.
Rivera Bujosa Law, PC
Shipway Placi
Unit C2
The Charlestown Navy Yard
Charlestown, MA_02129
mernaysa@riverabujosalaw.com
Albert I. Farrah, Esq.
Farrah and Farrah
800 Boylston Street, Suite 1600
Boston, MA 02199
Email: alf@farrah-law.com
Thomas C. LaPorte
Thomas C. LaPorte, Esq.
EXHIBIT A
COSSINGHAM LAW OFFICE, PC
Credit Memo
30 Massachusetts Avenue, Suite 404
North Andover, MA 01845 DATE CREDIT NO.
Telephone: (978) 685-5686 1/7/2021 47825
Email: billing@cossinghamlaw.com
CUSTOMER
Stephen D'Angelo
D'Angelo Law Group, PLLC
401 Andover Street, Suite 202
North Andover, MA 01845
P.O. NO. PROJECT
DESCRIPTION Qry RATE AMOUNT
a ::-- $1,156.60 1,156.60 -1,156.60
Paid see
Total -$1,156.60
COSSINGHAM LAW OFFICE, PC
Invoice
30 Massachusetts Avenue, Suite 404
North Andover, MA 01845 Date Invoice #
Telephone: (978) 685-5686 3/30/2021 47824
Email: billing@cossinghamlaw.com
Bill To
Stephen D'Angelo
D'Angelo Law Group, PLLC
401 Andover Street, Suite 202
North Andover, MA 01845
Terms Rep
Hourly Rate TCL
Description Amount of Time Rate Amount
1-6-21 Review Email from’
ae
Review to email from Jane Jenkins re
reply t Ie,
all.
0.4 285.00 114,00
-7-21 05 N/C Review message from
—-
Prepare responsive email to her re trial dates and
her office.
q-
cc# provided to
0.3 285.00 85.50
NIC .05 0.05 285.00 14.25
1-11-21 Teleco xpert 0.2 285.00 57.00
Witness-Status, d Plan moving forward.
1-12-21 Review email from sq, email to. Bs, 0.4 285.00 114.00
and review response, reply to same. Brief Review of docket re
JPTM, 5-7-20 .1 N/C
NIC.1 -0.1 285.00 -28.50
1-12-11 Review Judge Deakin's Order re I-P's petition for attorneys 8.9 285.00 2,536.50
fees, Commence preparation and drafting of Motion for
Reconsideration and for Rule 11(a) sanctions
1-14-21 Continue drafting of Motion for Reconsideration and for 88 285.00 2,508.00
Rule 11(a) sanctions, incorporate Emergency Motion for Release of
Escrow to Defendants and for Stay of Enforcement. TC K
Cossingham re possible collection & multiple basis for Rule 1 1(a)
sanctions and attorney's fees.
Total
Page 1
COSSINGHAM LAW OFFICE, PC
Invoice
30 Massachusetts Avenue, Suite 404
North Andover, MA 01845 Date Invoice #
Telephone: (978) 685-5686 3/30/2021 47824
Email: billing@cossinghamlaw.com
Bill To
Stephen D'Angelo
D'Angelo Law Group, PLLC
401 Andover Street, Suite 202
North Andover, MA 01845
Terms Rep
Hourly Rate TCL
Description Amount of Time Rate Amount
1-15-21 Finalize 4-Part Motion for Reconsideration, for Rule 11a 69 285.00 1,966.50
Say
to
him
ee a Release of Escrow to Defendants, For a Stay, Email
I will file and serve tomorrow absent objection from
1-15-21 Email
and serve Motion oe. Award of I-P attorney's fees. File
4-Part for Reconsideration, Emails to Carlotta
Patten at Essex Cty Sup. Ct. .2 N/C for portion of Paralegal level
0.5 285.00 142.50
work
NIC .2 0.2 285.00 -57.00
1-16-21 Email filing with Carlotta Patten. Serve vi email and US 0.5 155.00 77.50
MAIL .1 N/C Bill at Paralegal rate - $155
NIC.1 01 155.00 -15.50
1-22-21 Review Farrah's Moti. to Withdraw, OC paralegal-no
—
0.4 285.00 114.00
Opposition. Email Consider, for trial.
1-29-21 OC KA, Paralegal re MRB, Esq.'s request for | week 03 285.00 85.50
extension (claims auto accident that day.) Review email from MRB,
Esq. and respond to same making clear not agreement to any
Cross-Motions & Move to Strike and for other relief if any filed.
2-1-21 Finalize 4th Revised Affidavit re Defense Fees and 285.00 570.00
redaction of Invoices. Prepare emai ining same plus JPTH
including the Court's Award of Fees
and Costs to 1-1 lotion for Reconsideration, Sanctions,
Release of pt: es and Stay
Total
Page 2
COSSINGHAM LAW OFFICE, PC
Invoice
30 Massachusetts Avenue, Suite 404
North Andover, MA 01845 Date Invoice #
Telephone: (978) 685-5686 3/30/2021 47824
Email: billing@cossinghamlaw.com
Bill To
Stephen D'Angelo
D'Angelo Law Group, PLLC
401 Andover Street, Suite 202
North Andover, MA 01845
Terms Rep
Hourly Rate TCL
Description Amount of Time Rate Amount
2-3-21 Emails to and from Paralegal Abbene and Court Clerk Patten 0.7 285.00 199,50
re service & filing 4th Affidavit with Exhibit. .2 N/C
NIC .2 0.2 285.00 57.00
2-3-21 Prepare Correspondence to Opposing Counsel re 0.4 285.00 114.00
Oppositions to Motion for Sanctions, for Reconsideration, to
Release Escrow to Defendants and for Stay. .2 N/C
NIC.2 0.2 285.00 -57.00
2/3/2021 Upload/print Atty LaPorte's 4th Affidavit with invoices; 0.01667 155.00 2.58
draft Certificate of Service
2-10-21 Prepare and serve per Rule 9A Mtn top Withdraw Paper 0.7 285.00 199.50
No. 163. Review Farrah's 9A Filing re Mtn to W/D-Statement of No
Opposition.
2/11/2021 Draft Correspondence to Atty's Memaysa Rivera-Bujosa 0.03333 155.00 5.17
and Albert J. Farrah; update Motion to Withdraw Paper Docket No.
163 & Cert; Copy & Upload Pleadings; send copies via e-mail
attorneys;
Total
Page 3
COSSINGHAM LAW OFFICE, PC
Invoice
30 Massachusetts Avenue, Suite 404
North Andover, MA 01845 Date Invoice #
Telephone: (978) 685-5686 3/30/2021 47824
Email: billing@cossinghamlaw.com
Bill To
Stephen D'Angelo
D'Angelo Law Group, PLLC
401 Andover Street, Suite 202
North Andover, MA 01845
Terms Rep
Hourly Rate TCL
Description Amount of Time Rate Amount
2-16-21 Review email from MRB, Esq. regarding request for 0.7 285.00 199,50
extension to respond to Motion to Reconsider, for Rule 11
Sanctions, to Release Escrow to Defendants and Stay, and respond
to same regarding her assent to escrow release, and delays caused by
her misrepresentations. Review correspondence from Leavitt
Reporting-6th or 7th outreach, Prepare re need
to pay bills) .1 NC
NIC.1 0.1 285.00 -28.50
2-24-21 Initial review of Motion to Strike Motion for Rule 11 0.5 285.00 142.50
Sanctions, Prepare Outline of Opposition. .15 N/C per TCL, Esq.
Prof Courtesy
NIC.15 0.15 285.00 42.75
2-25-21 Review docket regarding status of stand-alone Motion to 0.5 285.00 142.50
Strike. Conference KAC, Esq. re pending motions (4) and Farrah's
Withdrawal, Conference with KA, Paralegal re 9A filing deadline.
2.25.2021 Conference Atty Laporte R e: motion for release of the 0.5 285.00 142,50
escrow, Trial preparation,
3-2-21 Review Docket for disposition of I-P’s Counsel's Motion to 13 285.00 370.50
Strike, Prepare, Rule 9C certificate, Review and finalize all of Rule
9A Package for filing with the Court, and Service. .55 N/C per
TCL, Esq.
NIC 55 0.55 285.00 156.75
Total
Page 4
COSSINGHAM LAW OFFICE, PC
Invoice
30 Massachusetts Avenue, Suite 404
North Andover, MA 01845 Date Invoice #
Telephone: (978) 685-5686 3/30/2021 47824
Email: billing@cossinghamlaw.com
Bill To
Stephen D'Angelo
D'Angelo Law Group, PLLC
401 Andover Street, Suite 202
North Andover, MA 01845
Terms Rep
Hourly Rate TCL
a
Description Amount of Time Rate Amount
3. -threatens 0.3 285.00 85.50
to for a T/C. OC
KAC, Esq.
3-11-21 TC SLD re next events, a bill, escrow and 0.2 285.00 57.00
other motions pending. .1 N/C
NC.1 -0.1 285.00 28.50
3-16-21 Review Court Order re Hearing on "Motion for 0.7 285.00 199.50
Reconsi “ a a rand email client re same. Prepare email
to client} and Pre Trial Memorandum, paper
docketed No. 93.
.25 NIC per TCL, Esq.
NIC 25 0.25 285.00 71,25
iis
a et SLD's request, again (3rd) email thread —_ 0.4 285.00 114.00
ge up on payment of these costs. . Emails with
-EN/IC
NCI -0.1 285.00 28.50
3-19-21 Cor nce KAC, Esq. Prepare correspondence with 0.4 285.00 114,00
payment client's cost. Emails with same. Email Zoom
information re Motion for Reconsideration, Rule 11 sanctions to
Release funds and for Stay to SLD, Esq.
Total
Page 5
COSSINGHAM LAW OFFICE, PC
Invoice
30 Massachusetts Avenue, Suite 404
North Andover, MA 01845 Date Invoice #
Telephone: (978) 685-5686 3/30/2021 47824
Email: billing@cossinghamlaw.com
Bill To
Stephen D'Angelo
D'Angelo Law Group, PLLC
401 Andover Street, Suite 202
North Andover, MA 01845
Terms Rep
Hourly Rate TCL
Description Amount of Time Rate Amount
3-22-21 Conference K. Abbene re April 2, 2021 Deadlines, exhibits, 03 285.00 85.50
Rule 20 requirements.
Total $9,959.25
THANK YOU FOR THE OPPORTUNITY TO BE OF SERVICE:
We also provide services in Estate Planning, Wills & Trusts, Real Estate, Landlord/Tenant
Disputes, Business Issues, Divorce, Mediation and Litigation.
Note: Payment is due upon receipt. Interest will begin to accrue after 30 days, Please note
we also accept all major credit cards for payments (4.0% will be addy for his service).
COSSINGHAM LAW OFFICE, PC
30 Massachusetts Avenue, Suite 404
North Andover, MA 01845
Ph: 978-685-5686, Fax: 978-794-0985
Worker Entry Report from 03/22/2021 to 04/06/2021
‘Date Service Item Description Status Billable ‘Total Hours.
Worker: Thomas LaPorte
Customer: D'Angelo, Stephen
03/22/21 TCL-Hourly 3-22-21 Conference K. Abbene re April 2, 2021 Deadlines, ‘Approved Yes 0.30
~ exhibits, Rule 20 requirements. -
03/25/21 TCL-Hourly 3-25-21 (conditional) Approved Yes 0.35
Prepare notes for file and Email same to Karen Abbene,
Paralegal and KAC, Esq. .05 N/C per TCL, Esq.
03/26/21 TCL-Hourly 3-26-21 Review Oppositions of MRB to 4 motions to be heard ‘Approved Yes 2.30
3-31-21. Conference KAC, Esq. Confirm Statute and Prepare
n, file and serve same, and serve to SLD,
Esq. Rule 9C calls add voice mails and Prepare email (2) to
MRB, Esq. Respond to emails from MRB, Esq. re Motions in
Limine, Exhi Witness Lists
03/30/21 TCL-Hourly 3-30-21 Review Email from Carlotta Patten-Hearings continued Approved Yes $30
104-9 @ 11 am, Reply to same re flings.
03/31/21 TCL-Hourly 3-31-21 Emails to and from MRB, Esq. re ‘Exhibits for Trial. Submitted Yes 0.30
04/01/21 TCL-Hourly 4-1-21 Begin Trial Prep Pre motions, In Limine. Review emails Pending Yes 7.20
from Farrah and MRB, Esq. Review entire file, including
exhibits to pleadings, motions todetermine Defs' Exhibits.
..
04/02/21 TCL-Hourly 4-2-21 Pending Yes 7.60
Revise and finalize Motions in Limine. Review Plainitff's and |-
P's Exhibit lists. Preparation of Defs' Exhibit List.
Teleconferenc e with Farrah and lengthy teleconference with
MRB, Esq. re Final Trial Order was for Jury-waived trial.
Negotiate Joint Motion, Review and edit template prepared by
MRB, Esq. Identify exhibits that can be agreed upon, not
authorized by client nnn
04/05/21 TCL-Hourly 4-5-21 Finalize for Filing Response to Proposed Exhibits by P Submitted ‘Yes 0.90
and I-P, Edit and finalize Ds' List for Filing. Teleconference
with KA, Paralegal re eMAfile..25 N/C per TCL.
04/06/21 TCL-Hourly 4-6-21 Email MRB, Esq, and Invite for new TC re Depo Pending Yes 0.20
Exhibits. .1 N/C. -
cee wee
Total for D'Angelo, Stephen
Total for Thomas LaPorte a
Grand Total
Tuesday, Apr 06, 2021 07:23:21 PM EDT
/7.9.4)
5
qwtl
04/06/2021 Page: 1 of 1
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4/6/2021 177 RECEIVED COMMONWEALTH OF MASSACHUSETS ESSEX, SS SUPERIOR COURT SABA HASHEM, individually, and as a * Member of, and derivatively on behalf of, * D’ANGELO and HASHEM, LLC. Plaintiff Civil Action No. 16CV1419 Vv. STEPHEN L. D’ANGELO, D’ANGELO LAW GROUP, LLC, and D’ANGELO AND HASHEM, LLC. Defendants FIFTH, REVISED JOINT AFFIDAVIT REGARDING PAYMENT FROM ESCROW OF DEFENDANTS’ FEES PER ORDER 125, DATED AUGUST 7, 2020 (With Redacted Contemporaneously-Recorded Time Records) NOW COMES counsel for Defendants, Cossingham Law Office, P.C., Kenneth A. Cossingham, Esq. and Thomas C. LaPorte, Esq. and respectfully state and submit this Fifth, Revised Affidavit of Fees for hours and fees incurred and legal services provided to since those reported in Defendants’ Fourth Affidavit submitted on February 1, 2021, (which sought $104,602.12', inclusive of approximately $4,400.00 in then outstanding advanced costs.) This Fifth Revised Affidavit seeks fees incurred, and some of those costs carried over, since the date of the last time entry for services shown on said Fourth Revised Affidavit, January, 6, 20201, through March 31, 2021. Redacted contemporaneously-entered time records with detailed description of the legal services provided on each date, all of which have been invoiced at a reduced hourly rate.? (Please see as Exhibit A, attached hereto.) The total amount of fees and costs is $120,523.87, (inclusive of reduced costs), for this time 1 Since the date of that filing, February 1, 2021, costs of $1156.50, which were included as part of Defendants’ 4" Affidavit have been paid. ? This figure has been calculated after applying a discounted, actually a twice-discounted) hourly rate of $285.00. Said discounted rate is more than 19.5% less than the affiants’ respective standard hourly rate of $350.00. As conveyed to the Court in our 4th Revised Affidavit at FN 1, therein, Defendants’ counsel has agreed to accept this reduced hourly rate because of the Defendants’ difficult cash flow issues, arising from substantially reduced persona! injury and workers’ compensation cases associated with a reduced labor force, (many of whom are no longer working in workplaces, but rather remotely, and the related decrease in the number of drivers on the roads and resultant reduction in motor vehicle accidents.) Insurance carriers have also been delaying offering acceptable settlements, or at all, in certain cases, as a result of forms like DLG to bring a case to trial or jury trial, where the Trial Court has experienced closures, difficulty in seating juries, and the triaging of all legal matters brought before them. All of these unique factors continue to dramatically reduce Defendants’ revenues, which has caused a continuing, real and considerable threat to Defendants’ operations, and to their employees’ abilities to support their families. 1 period through April 6, 2021.4 Defendants’ finances especially those of the Defendant, D’ Angelo Group, LLC, (DLG”), which employs eight (8) employees, all of whom have families they support, remains very weak. These earnings are the only source of payment of Defendants’ Attorney’s Fees and related costs incurred, and to be incurred.° This figure does not include fees for 2 paralegals work on this matter, which are not sought at this time. This figure sought does include reasonable attorney’s fees for which Defendants seek reimbursement via its pending Motion Rule 11a Motion, and shall be reduced by any attorney’s fees the Court might assess after oral argument at the hearing of that motion. These fees also continue to be invoiced on a reduced hourly rate of $285.00 versus our standard hourly rate of $350.00, which is a reduction by more than 18.5%, alone. In addition, “no-charges” and the application of paralegal rates to certain attorney-produced work now approximate $20,000.00, if not more, in value. Finally. we conservatively believe that this firm will require $45,000.00° for and beginning with the preparation and attendance at the hearing regarding four motions filed by Defendants, scheduled for April 9, 2021 at 11:00 a.m., and thereafter preparation for trial, including supplementing Motions in Limine, Exhibits, analyzing and arguing regarding same, preparing witnesses, exhibits, proposed jury instructions and preferences for voir dire at the Final Trial Conference, and then for presenting presenting Defendants’ case and providing their defenses through the course of a multi-day jury trial, and that costs for the services of our disclosed expert witness, as we have been recently informed, will approximate at least $12,500.00. Defendants’ disclosed expert witness is very important to their defenses against the remaining claims by both the Plaintiff and the Intervenor, including Breach of Fiduciary Duties, and the Massachusetts Uniform Transfer Act, and is requiring 80% of this this figure, ($10,000.00), in advance, as a retainer to take her work and to appear in Court. In accord with your Order allowing Defendants’ Motion allowing its their Counsel’s attorney’s be paid from the withheld fees from the settlement proceeds of Objectors to the Columbia Gas explosions class action, we submit our fees and costs incurred of $120,388.87.” We further submit, in the interests of judicial economy, and Defendants’ counsel’s knowledge of this large case and the facts, disputed and not, as well as with the Opposing Counsels, that the request for a retainer 4 Interest of 1.5% per month per retainer agreement has also been waived, and not included herein. Defendants’ counsel estimates that non-included sum to total approximately $10,000.00. 5 To reiterate, the Defendants’ law practice remains palpably and significantly impacted. The firm’s two (2) practice areas of Personal Injury and Workers Compensation law remained remain weak, and jury trials and settlements hard to come by due to courts’ COVID-adjusted schedules, a lack of ability to convene juries and a much-reduced motivation as this Pandemic has continued, , from insurance carriers and the “insurance bar” to resolve cases efficiently and fairly. ® This estimate is $10,000.00 less than estimated in prior-filed and served Revised Affidavits. 7 The sum of $104,602.12 set forth on the Statement, dated 1/6/2021, plus the $16,943.25 in fees, net of “no charges” incurred since January 6, 2021, the cut-off date set forth in the 4th Affidavit, includes a reduction of $1156.50 in costs due to payment of that cost bringing Defendants’ Counsel’s previously-reported total owed to $103,445.62. 2 of $45,000.00 for fees and $12,500.00 in costs for the assistance of their expert witness anticipated through trial is also reasonable and warranted. Signed under the pains and penalties of perjury this 6th day of April, 2021 Respectfully submitted, Counsel for Defendants COSSINGHAM LAW OFFICE, PC /s/Thomas C. LaPorte Thomas C. LaPorte, Esq. BBO #634194 /s/Kenneth A. Cossingham Kenneth A. Cossingham, Esq. BBO# 109790 Cossingham Law Office, PC 30 Massachusetts Ave., Suite 404 N. Andover, MA 01845 Tel: 978-685-5686 Fax: 978-794-0985 kcossingham@cossinghamlaw.com laporte@cossinghamlaw.con CERTIFICATE OF SERVICE I, Thomas C. LaPorte, Esq., hereby certify that on the 6th day of April, 2021, I served a copy of this foregoing Fifth, Revised Joint Affidavit re Attorneys’ Fees plus Costs, with Exhibit A, to the Defendants via email, and through the Court’s electronic filing system to all attorneys and parties who have entered service contacts in this case to: Mernaysa Rivera-Bujosa, Esq. Rivera Bujosa Law, PC Shipway Placi Unit C2 The Charlestown Navy Yard Charlestown, MA_02129 mernaysa@riverabujosalaw.com Albert I. Farrah, Esq. Farrah and Farrah 800 Boylston Street, Suite 1600 Boston, MA 02199 Email: alf@farrah-law.com Thomas C. LaPorte Thomas C. LaPorte, Esq. EXHIBIT A COSSINGHAM LAW OFFICE, PC Credit Memo 30 Massachusetts Avenue, Suite 404 North Andover, MA 01845 DATE CREDIT NO. Telephone: (978) 685-5686 1/7/2021 47825 Email: billing@cossinghamlaw.com CUSTOMER Stephen D'Angelo D'Angelo Law Group, PLLC 401 Andover Street, Suite 202 North Andover, MA 01845 P.O. NO. PROJECT DESCRIPTION Qry RATE AMOUNT a ::-- $1,156.60 1,156.60 -1,156.60 Paid see Total -$1,156.60 COSSINGHAM LAW OFFICE, PC Invoice 30 Massachusetts Avenue, Suite 404 North Andover, MA 01845 Date Invoice # Telephone: (978) 685-5686 3/30/2021 47824 Email: billing@cossinghamlaw.com Bill To Stephen D'Angelo D'Angelo Law Group, PLLC 401 Andover Street, Suite 202 North Andover, MA 01845 Terms Rep Hourly Rate TCL Description Amount of Time Rate Amount 1-6-21 Review Email from’ ae Review to email from Jane Jenkins re reply t Ie, all. 0.4 285.00 114,00 -7-21 05 N/C Review message from —- Prepare responsive email to her re trial dates and her office. q- cc# provided to 0.3 285.00 85.50 NIC .05 0.05 285.00 14.25 1-11-21 Teleco xpert 0.2 285.00 57.00 Witness-Status, d Plan moving forward. 1-12-21 Review email from sq, email to. Bs, 0.4 285.00 114.00 and review response, reply to same. Brief Review of docket re JPTM, 5-7-20 .1 N/C NIC.1 -0.1 285.00 -28.50 1-12-11 Review Judge Deakin's Order re I-P's petition for attorneys 8.9 285.00 2,536.50 fees, Commence preparation and drafting of Motion for Reconsideration and for Rule 11(a) sanctions 1-14-21 Continue drafting of Motion for Reconsideration and for 88 285.00 2,508.00 Rule 11(a) sanctions, incorporate Emergency Motion for Release of Escrow to Defendants and for Stay of Enforcement. TC K Cossingham re possible collection & multiple basis for Rule 1 1(a) sanctions and attorney's fees. Total Page 1 COSSINGHAM LAW OFFICE, PC Invoice 30 Massachusetts Avenue, Suite 404 North Andover, MA 01845 Date Invoice # Telephone: (978) 685-5686 3/30/2021 47824 Email: billing@cossinghamlaw.com Bill To Stephen D'Angelo D'Angelo Law Group, PLLC 401 Andover Street, Suite 202 North Andover, MA 01845 Terms Rep Hourly Rate TCL Description Amount of Time Rate Amount 1-15-21 Finalize 4-Part Motion for Reconsideration, for Rule 11a 69 285.00 1,966.50 Say to him ee a Release of Escrow to Defendants, For a Stay, Email I will file and serve tomorrow absent objection from 1-15-21 Email and serve Motion oe. Award of I-P attorney's fees. File 4-Part for Reconsideration, Emails to Carlotta Patten at Essex Cty Sup. Ct. .2 N/C for portion of Paralegal level 0.5 285.00 142.50 work NIC .2 0.2 285.00 -57.00 1-16-21 Email filing with Carlotta Patten. Serve vi email and US 0.5 155.00 77.50 MAIL .1 N/C Bill at Paralegal rate - $155 NIC.1 01 155.00 -15.50 1-22-21 Review Farrah's Moti. to Withdraw, OC paralegal-no — 0.4 285.00 114.00 Opposition. Email Consider, for trial. 1-29-21 OC KA, Paralegal re MRB, Esq.'s request for | week 03 285.00 85.50 extension (claims auto accident that day.) Review email from MRB, Esq. and respond to same making clear not agreement to any Cross-Motions & Move to Strike and for other relief if any filed. 2-1-21 Finalize 4th Revised Affidavit re Defense Fees and 285.00 570.00 redaction of Invoices. Prepare emai ining same plus JPTH including the Court's Award of Fees and Costs to 1-1 lotion for Reconsideration, Sanctions, Release of pt: es and Stay Total Page 2 COSSINGHAM LAW OFFICE, PC Invoice 30 Massachusetts Avenue, Suite 404 North Andover, MA 01845 Date Invoice # Telephone: (978) 685-5686 3/30/2021 47824 Email: billing@cossinghamlaw.com Bill To Stephen D'Angelo D'Angelo Law Group, PLLC 401 Andover Street, Suite 202 North Andover, MA 01845 Terms Rep Hourly Rate TCL Description Amount of Time Rate Amount 2-3-21 Emails to and from Paralegal Abbene and Court Clerk Patten 0.7 285.00 199,50 re service & filing 4th Affidavit with Exhibit. .2 N/C NIC .2 0.2 285.00 57.00 2-3-21 Prepare Correspondence to Opposing Counsel re 0.4 285.00 114.00 Oppositions to Motion for Sanctions, for Reconsideration, to Release Escrow to Defendants and for Stay. .2 N/C NIC.2 0.2 285.00 -57.00 2/3/2021 Upload/print Atty LaPorte's 4th Affidavit with invoices; 0.01667 155.00 2.58 draft Certificate of Service 2-10-21 Prepare and serve per Rule 9A Mtn top Withdraw Paper 0.7 285.00 199.50 No. 163. Review Farrah's 9A Filing re Mtn to W/D-Statement of No Opposition. 2/11/2021 Draft Correspondence to Atty's Memaysa Rivera-Bujosa 0.03333 155.00 5.17 and Albert J. Farrah; update Motion to Withdraw Paper Docket No. 163 & Cert; Copy & Upload Pleadings; send copies via e-mail attorneys; Total Page 3 COSSINGHAM LAW OFFICE, PC Invoice 30 Massachusetts Avenue, Suite 404 North Andover, MA 01845 Date Invoice # Telephone: (978) 685-5686 3/30/2021 47824 Email: billing@cossinghamlaw.com Bill To Stephen D'Angelo D'Angelo Law Group, PLLC 401 Andover Street, Suite 202 North Andover, MA 01845 Terms Rep Hourly Rate TCL Description Amount of Time Rate Amount 2-16-21 Review email from MRB, Esq. regarding request for 0.7 285.00 199,50 extension to respond to Motion to Reconsider, for Rule 11 Sanctions, to Release Escrow to Defendants and Stay, and respond to same regarding her assent to escrow release, and delays caused by her misrepresentations. Review correspondence from Leavitt Reporting-6th or 7th outreach, Prepare re need to pay bills) .1 NC NIC.1 0.1 285.00 -28.50 2-24-21 Initial review of Motion to Strike Motion for Rule 11 0.5 285.00 142.50 Sanctions, Prepare Outline of Opposition. .15 N/C per TCL, Esq. Prof Courtesy NIC.15 0.15 285.00 42.75 2-25-21 Review docket regarding status of stand-alone Motion to 0.5 285.00 142.50 Strike. Conference KAC, Esq. re pending motions (4) and Farrah's Withdrawal, Conference with KA, Paralegal re 9A filing deadline. 2.25.2021 Conference Atty Laporte R e: motion for release of the 0.5 285.00 142,50 escrow, Trial preparation, 3-2-21 Review Docket for disposition of I-P’s Counsel's Motion to 13 285.00 370.50 Strike, Prepare, Rule 9C certificate, Review and finalize all of Rule 9A Package for filing with the Court, and Service. .55 N/C per TCL, Esq. NIC 55 0.55 285.00 156.75 Total Page 4 COSSINGHAM LAW OFFICE, PC Invoice 30 Massachusetts Avenue, Suite 404 North Andover, MA 01845 Date Invoice # Telephone: (978) 685-5686 3/30/2021 47824 Email: billing@cossinghamlaw.com Bill To Stephen D'Angelo D'Angelo Law Group, PLLC 401 Andover Street, Suite 202 North Andover, MA 01845 Terms Rep Hourly Rate TCL a Description Amount of Time Rate Amount 3. -threatens 0.3 285.00 85.50 to for a T/C. OC KAC, Esq. 3-11-21 TC SLD re next events, a bill, escrow and 0.2 285.00 57.00 other motions pending. .1 N/C NC.1 -0.1 285.00 28.50 3-16-21 Review Court Order re Hearing on "Motion for 0.7 285.00 199.50 Reconsi “ a a rand email client re same. Prepare email to client} and Pre Trial Memorandum, paper docketed No. 93. .25 NIC per TCL, Esq. NIC 25 0.25 285.00 71,25 iis a et SLD's request, again (3rd) email thread —_ 0.4 285.00 114.00 ge up on payment of these costs. . Emails with -EN/IC NCI -0.1 285.00 28.50 3-19-21 Cor nce KAC, Esq. Prepare correspondence with 0.4 285.00 114,00 payment client's cost. Emails with same. Email Zoom information re Motion for Reconsideration, Rule 11 sanctions to Release funds and for Stay to SLD, Esq. Total Page 5 COSSINGHAM LAW OFFICE, PC Invoice 30 Massachusetts Avenue, Suite 404 North Andover, MA 01845 Date Invoice # Telephone: (978) 685-5686 3/30/2021 47824 Email: billing@cossinghamlaw.com Bill To Stephen D'Angelo D'Angelo Law Group, PLLC 401 Andover Street, Suite 202 North Andover, MA 01845 Terms Rep Hourly Rate TCL Description Amount of Time Rate Amount 3-22-21 Conference K. Abbene re April 2, 2021 Deadlines, exhibits, 03 285.00 85.50 Rule 20 requirements. Total $9,959.25 THANK YOU FOR THE OPPORTUNITY TO BE OF SERVICE: We also provide services in Estate Planning, Wills & Trusts, Real Estate, Landlord/Tenant Disputes, Business Issues, Divorce, Mediation and Litigation. Note: Payment is due upon receipt. Interest will begin to accrue after 30 days, Please note we also accept all major credit cards for payments (4.0% will be addy for his service). COSSINGHAM LAW OFFICE, PC 30 Massachusetts Avenue, Suite 404 North Andover, MA 01845 Ph: 978-685-5686, Fax: 978-794-0985 Worker Entry Report from 03/22/2021 to 04/06/2021 ‘Date Service Item Description Status Billable ‘Total Hours. Worker: Thomas LaPorte Customer: D'Angelo, Stephen 03/22/21 TCL-Hourly 3-22-21 Conference K. Abbene re April 2, 2021 Deadlines, ‘Approved Yes 0.30 ~ exhibits, Rule 20 requirements. - 03/25/21 TCL-Hourly 3-25-21 (conditional) Approved Yes 0.35 Prepare notes for file and Email same to Karen Abbene, Paralegal and KAC, Esq. .05 N/C per TCL, Esq. 03/26/21 TCL-Hourly 3-26-21 Review Oppositions of MRB to 4 motions to be heard ‘Approved Yes 2.30 3-31-21. Conference KAC, Esq. Confirm Statute and Prepare n, file and serve same, and serve to SLD, Esq. Rule 9C calls add voice mails and Prepare email (2) to MRB, Esq. Respond to emails from MRB, Esq. re Motions in Limine, Exhi Witness Lists 03/30/21 TCL-Hourly 3-30-21 Review Email from Carlotta Patten-Hearings continued Approved Yes $30 104-9 @ 11 am, Reply to same re flings. 03/31/21 TCL-Hourly 3-31-21 Emails to and from MRB, Esq. re ‘Exhibits for Trial. Submitted Yes 0.30 04/01/21 TCL-Hourly 4-1-21 Begin Trial Prep Pre motions, In Limine. Review emails Pending Yes 7.20 from Farrah and MRB, Esq. Review entire file, including exhibits to pleadings, motions todetermine Defs' Exhibits. .. 04/02/21 TCL-Hourly 4-2-21 Pending Yes 7.60 Revise and finalize Motions in Limine. Review Plainitff's and |- P's Exhibit lists. Preparation of Defs' Exhibit List. Teleconferenc e with Farrah and lengthy teleconference with MRB, Esq. re Final Trial Order was for Jury-waived trial. Negotiate Joint Motion, Review and edit template prepared by MRB, Esq. Identify exhibits that can be agreed upon, not authorized by client nnn 04/05/21 TCL-Hourly 4-5-21 Finalize for Filing Response to Proposed Exhibits by P Submitted ‘Yes 0.90 and I-P, Edit and finalize Ds' List for Filing. Teleconference with KA, Paralegal re eMAfile..25 N/C per TCL. 04/06/21 TCL-Hourly 4-6-21 Email MRB, Esq, and Invite for new TC re Depo Pending Yes 0.20 Exhibits. .1 N/C. - cee wee Total for D'Angelo, Stephen Total for Thomas LaPorte a Grand Total Tuesday, Apr 06, 2021 07:23:21 PM EDT /7.9.4) 5 qwtl 04/06/2021 Page: 1 of 1