Party Discovery: 07 CV H 09 1117 CARLSON, HILLARY et al vs. DUNN, HEATHER WDW

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                                131. Ludlow, See 840
Dayton, Ohio 45402
(937) 435-7500
FAX (937) 4357511

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IN THE COURT OF COMMON PLEAS OF DELAWARE COUNTY, OHIO
CIVIL DIVISION
HILLARY CARLSON, * Case No.: 07 CVH 09 1117
etal.
° * Judge: W. Duncan Whitney
Plaintiffs,
*
vs.
* DEFENDANT’S MOTION FOR
HEATHER DUNN,

Defendant.

NOW COMES Defendant, Heather Dunn, by and through the undersigned counsel, and
hereby respectfully moves this Court for costs of this action in the amount of $302.95 and

attorney fees in the amount of $27,195.00 pursuant to Section 20 of the Stabling and Boarding
Agreement between the parties and O.R.C. § 1345.09.

Defendant is contractually obligated to pay the following costs and attorney fees to the

undersigned counsel for legal services provided in defense of Plaintiff's claims and prosecution
of Defendant’s counterclaims:

 

ATTORNEY FEES:

Date Legal Service Provided Hours
08/26/07 Review documents from client 0.50
08/28/07 Legal research; telephone conference with client; court docket search 1.40
08/29/07 Email to client 0.40
08/31/07 Telephone conference with client 0.10
09/04/07 Draft Answer and Counterclaims; legal research; telephone call and

430
email to client; Draft Entry of Appearance; Draft Motion to Certify to
Common Pleas Court

ACA

00015125054
1 wmoms131 N. Ludlow, See. 24]

Dayton, Oto 45402
(907) 435-7500

FAX (90435-7511

 

Date

09/05/07

09/06/07

09/10/07
09/17/07
09/28/07
10/04/07
10/26/07

10/29/07
10/30/07

11/06/07

11/06/07
11/10/07

11/27/07
11/30/07

12/28/07
01/07/08
01/10/08
01/11/08
01/13/08
01/14/08

01/23/08
01/29/08
01/31/08

02/08/08
03/26/08

04/02/08
04/16/08
04/18/08
04/20/08

04/23/08

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Telephone conference with client; finalize Counterclaims and Motion to
Certify; draft Affidavit and email to client; file pleadings and motions
with court and serve opposing counsel

Receive Affidavit; draft proposed Entry; file and serve Motion to Certify
and proposed Entry; letter to client

Letter and documents to client

Letter and classification form to court; email to client

Letter and notice of hearing to client

Receive and review Reply to Counterclaims and email client

Telephone call from Attorney Goldberg’s office; email client; fax to
Goldberg's office

Receive and review fax from Attorney Goldberg

Emails from and to client; telephone call and fax to Sheriff's Dept.;
Receive and review police reports; telephone calls to potential witnesses
Telephone call to court; Telephone conference with opposing counsel;
Draft and file Motion to Continue; email and serve opposing counsel
Review Local Rules

Received and reviewed Plaintiffs’ discovery requests; letter and
documents to client

emails from and to client; email to opposing counsel

Telephone conference with Attorney Goldberg’s office; telephone
conference with opposing counsel

Review file; Start summary of claims, defenses and evidence
Telephone call from opposing counsel

Emails from and to opposing counsel}

Emails from and to opposing counsel

Legal research; Draft discovery responses; telephone call to client

Copy discovery documents; hearing preparation; meeting with client;
Status Conference; consult with opposing counsel; travel time

Email to client

Telephone call from client

Review pictures and documents from client; email to client; telephone
conference with expert witness; complete discovery responses; telephone
call to Attorney Goldberg’s office; Telephone call to opposing counsel;
mail and email discovery responses and pictures; legal research

Emails from and to opposing counsel; telephone conference with client
Meeting with Attorney Wells to review CSPA claims and potential
FDCPA claims; legal research

Emails from and to client

Emails from and to client

Telephone conference with opposing counsel

Receive and review Motion to Withdraw from opposing counsel;
Telephone conference with opposing counsel

Emails from and to opposing counsel; review Order from court

Hours_
1,80

0.60

0.20
0.30
0.20
0.30
0.40

0,30
1,60

0.50

0.40
0.60

0.20
0.30

2.40
0.10
0.20
0.20
3.60
4.50

0.20
0.10
5.10

0.30
1.60

0.10
0.20
0.20
0.20

0.20131 N. Ludlow, Ste. 619]
Dayton, Chie 45407
(937) 435-7300
FAXOT) OS7511

 

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Date Legal Service Provided Hours
05/11/08 Draft, mail and serve Interrogatories and Document Requests to 3.20
Plaintiffs with letter
06/23/08 Draft supplemental discovery responses and copy documents; Telephone 1.40
call to Plaintiffs (msg); letter and discovery to Plaintiffs; Telephone call
to John Carlson
07/10/08 Telephone call to Plaintiffs (msg); letter to Plaintiffs 0.30
07/15/08 Legal research; Telephone call to Plaintiffs; attempted fax to Plaintiffs 0.70
07/22/08 Telephone call to court 0.20
08/04/08 Review, redate and print discovery requests; Draft Notice of Presentment 0.40
08/05/08 Status Conference; conference with client; travel time 3.40
09/03/08 Review court’s on-line docket; letter to Plaintiffs; letter to John Carlson 0.50
09/11/08 Telephone call to client; Telephone call to Plaintiffs (msg) 0.10
09/15/08 Schedule deposition with court reporter; Draft and serve Notice of 0.80
Deposition to Plaintiffs; letter to Plaintiffs; email client
09/16/08 Research jury instructions 1,80
09/30/08 Review file and prepare for Plaintiffs’ depositions 2.30
10/01/08 Review file; meet with court reporter; telephone call from Plaintiffs; 0.70
Email to client
10/17/08 Telephone call to court reporter to reschedule depositions; telephone 6.20
call and fax to Sheriff's Dept.; Review file and draft Admissions to
Plaintiffs and Notice of Presentment; email to Plaintiffs; letter and CD
to Plaintiffs; telephone calls to witnesses
10/21/08 Emails to and from client 0.30
11/19/08 Review letter from opposing counsel; review Plaintiffs’ Admissions 2.30
Responses; court docket search; legal research; telephone calls to
witnesses; Records request from Sheriffs Dept.; Telephone conference
with client
11/25/08 Review file; telephone calls to witnesses; telephone conference with 0.60
client
11/28/08 Review records from Sheriffs Dept.; additional supplemental discovery 0.80
11/30/08 Telephone conference with client; review emails and documents from 3.40
client; draft discovery update and fax to opposing counsel
12/01/08 Meeting with client; meeting with opposing counsel; Court hearing; 4.40
Travel time
12/02/08 Received and reviewed discovery responses from Plaintiffs; telephone 1,20
conference with client
12/03/08 Review file and draft trial preparation timeline 0.80
12/04/08 Telephone calls to witnesses 0.70
12/29/08 Telephone call to opposing counsel (msg) 0.10
01/07/09 Telephone call to opposing counsel (msg) 0.10
02/11/09 Received Plaintiffs’ Motion for Default and Court’s Entry; review and 0.30
print on-line docket; email client
02/16/09 Review file; research Memorandum Contra; email client; review Local 2.20

RulesVIN. Ludiow, Se, 54

Dayton, Ohio 45402
(997) 435-7500

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Date Legal Service Provided Hours,

02/17/09 Draft Memorandum Contra Default; draft Affidavit in support; telephone 3.30
call to client; letter to opposing counsel; file and serve Memorandum

02/24/09 Telephone call to court; fax letter to opposing counsel 0.30

02/27/09 Draft Motion and proposed Entry for Status Conference and fax to court; 0.60
Letter to opposing counsel

03/04/09 Receive and review letter and Memorandum Contra from opposing 0.30
Counsel

03/06/09 Telephone conference with opposing counsel 0.40

03/10/09 Online docket review; review Court Entry; Telephone calls to witnesses; 2.10
telephone conference with client

03/11/09 Review file; telephone conference with client; telephone calls to witnesses 1.90

03/12/09 Obtain subpoenas; serve subpoenas; meet with witnesses; telephone 10.40
conferences with client

03/14/09 Trail preparation 4.70

03/15/09 Trial preparation 9.10

03/16/09 Trial preparation; conferences with clients and witnesses; Trial; travel 13.60
time

03/17/09 Trial preparation; conferences with clients and witnesses; Trial; travel 11.80
time

04/04/09 Legal research and start drafting Post Trial Research Memorandum 6.00

04/05/09 Legat research; finalize Post Trial Research Memorandum; Draft 12.20
Findings of Fact and Conclusions of Law; Draft Motion for Attorney
Fees

04/06/09 Legal research; finalize document to file with court; e-file documents 5.80
and serve opposing counsel; email client

Total Hours: 155.40

155.40 Hours @ $175.00 per hour = $27, 195.00
TOTAL ATTORNEY FEES DUE AND PAYABLE: $27, 195.00COSTS:

Date Legal Expense Incurred Amount
09/05/07 Fed Ex mailing fee $13.95
09/17/07 Court filing fee $138.00
10/06/08 HK Reporting ~ court reporter fee $75.00
03/12/09 Witness fee paid to Toby Burdette $16.00
03/12/09 Witness fee paid to Chery! Keyser $11.00
03/12/09 Witness fee paid to Mairon Walters $11.00
03/12/09 Witness fee paid to Nancy Arledge $11.00
03/12/09 Witness fee paid to Bryan Burkey $11.00
03/12/09 Witness fee paid to Todd Adams $16.00
TOTAL LEGAL EXPENSES DUE AND PAYABLE: $302.95

Respectfully submitted,

 

BEHNKE, MARTIN & SCHULTE, LLC

 

Attorney for Defendant

131 N. Ludlow Street, Ste. 840
Dayton, Ohio 45402
Telephone: (937) 435-7500
Facsimile (937) 435-7511

CERTIFICATE OF SERVICE

The undersigned does hereby certify that a copy of the foregoing was served upon Robert
M. Owens, Attorney for Plaintiffs, 46 North Sandusky Street, Ste. 202, via facsimile and regular
U.S. mail, postage prepaid, on the 6" day of April, 2009.

 

131 N. Ludtow, Ste. 849}
Dayton, Ohio 48402
997) 435-7500
FAX (937) 435-7511