ORDER
HENRY T. WINGATE, District Judge.
BEFORE THIS COURT is the plaintiff KLLM Transport Services, LLC's Motion for Attorney Fees and Litigation Costs [Docket no. 232]. This motion stems from a years-long, extremely contentious litigation between the parties. After a careful review of the submissions of the parties, the relevant legal precedent, and the oral arguments of the parties, this court is convinced that KLLM Transport Services, LLC's Motion for Attorney Fees and Litigation Costs [Docket no. 232], should be granted, but with reductions. Below, this court sets out the facts and law upon which this court bases its rulings.
I. BACKGROUND
This case revolves around the termination of a "dedicated" hauling contract1 and the breach of a settlement agreement. The salient background facts are as follows.
In 2008, KLLM Transport Services, LLC (hereinafter referred to as "KLLM"), an over-the-road trucking company based in Mississippi, entered into a dedicated hauling contract with Pilgrim's Pride Corporation (hereinafter referred to as "PPC"), a chicken processing company. In 2010, PPC allowed its sister company, JBS Carriers Inc. (hereinafter referred to as "JBS"), to perform the dedicated hauling services for the PPC/KLLM contract. JBS, though, also began poaching some of the KLLM employees who had worked on the PPC dedicated hauling contract. Afterwards, an aggrieved KLLM sued JBS. KLLM contended that JBS had tortuously interfered with KLLM's business relationships, converted its proprietary trade secrets, and converted its customers. KLLM filed this lawsuit in this court, the United States District Court for the Southern District of Mississippi in case number 3:10-CV-546-HTW-LRA.
With the court's help and encouragement, the two parties ultimately settled their differences out of court on December 1, 2010. [Docket no. 1-2]. In the settlement agreement, JBS agreed as follows:
The current contract between KLLM and Pilgrim's Pride shall be honored and continued for its stated duration and no early opt-out or termination of such contract will occur. KLLM will continue to provide services and pricing levels as stated in such contract.
[Docket no. 1-2, ¶ 5]. JBS further agreed that "JBS Carriers will not circumvent this Agreement or its obligations as set forth herein through any of its parent or affiliated companies." [Docket no. 1-2, ¶ 8].
Despite this settlement agreement, on December 13, 2011, PPC informed KLLM that it was terminating its dedicated hauling contract with KLLM. On February 17, 2012, KLLM filed this lawsuit in this federal court against JBS, contending that JBS had breached the settlement agreement in permitting PPC to terminate the dedicating hauling contract. [Docket no. 1]. In addition to compensatory damages, KLLM also requested punitive damages.
This matter was brought to trial on August 19, 2015, before a jury of eight persons. After nine (9) days of trial, on September 1, 2015, the jury began its deliberation and returned a verdict in favor of KLLM. The jury awarded KLLM $36,950.00 in contractual damages for JBS Carrier's breach of the settlement agreement. [Docket no. 216].
The next day, on September 2, 2015, that same jury heard the punitive damages phase of trial. During its closing argument in the punitive damages phase of the trial, KLLM argued that JBS had violated the settlement agreement that it had entered into voluntarily just eleven months prior. KLLM also reiterated to the jury that JBS's counsel who penned the settlement agreement was the same attorney who terminated the KLLM-JBS contract less than a year later. JBS, said KLLM, terminated the contract to benefit itself because JBS's business was suffering and the PPC contract JBS took from KLLM doubled JBS's business. Just as KLLM had emphasized during the trial, KLLM characterized JBS' conduct as "reckless disregard for KLLM's rights." [Docket no. 223, P. 7].
JBS presented to the jury that PPC decided to terminate KLLM's contract before they knew about the prior settlement agreement and that no JBS employees were involved in the decision to terminate KLLM's contract with PPC. The jury was not persuaded by JBS's arguments.
JBS also presented what it purported to be its balance sheet. According to this balance sheet, JBS had only $38,019.00 in cash-on-hand and a negative net worth of $71,702,835.00. [Docket no. 229, P. 27]. KLLM did not object to this document being admitted into evidence. KLLM, though, did question the veracity of this balance sheet, noting that JBS was "working for these other companies in the family that are huge companies. They've got money coming in. I submit that if you make the award, which I trust you to do with proper and sound judgment as the court instructed you, they will find a way pretty easily to pay it." [Docket no. 223].
The jury, after due deliberation, awarded KLLM $900,000.00 in punitive damages. [Docket no. 218].
II. JURISDICTION
This court earlier confirmed that it possesses diversity of citizenship subject-matter jurisdiction over this dispute in its orders dated July 26, 2013 [Docket no. 137], and August 17, 2015 [Docket no. 204]. Inasmuch as this court is exercising diversity of citizenship subject-matter jurisdiction, this court, sitting in Mississippi, will apply Mississippi law to the substantive issues in accordance with the Erie Doctrine. Erie v. Tompkins, 304 U.S. 64, 78-79, 58 S.Ct. 817, 82 S.Ct. 1188 (1938). Under the Erie Doctrine, federal courts sitting in diversity must apply state substantive law and federal procedural law. Foradori v. Harris, 523 F.3d 477, 486 (5th Cir. 2008) (citing Gasperini v. Ctr. for Humanities, Inc., 518 U.S. 415, 426-427 (1996)).
III. MOTION FOR ATTORNEY FEES AND LITIGATION COSTS [Docket no. 232]
KLLM asks this court to award it attorney fees and litigation costs in accordance with the settlement agreement which was the central issue in this case. The settlement agreement between the parties reads:
10. If a court of competent jurisdiction determines that JBS has breached or violated any aspect of this Agreement, JBS will reimburse and pay all [attorney fees] and litigation costs incurred by KLLM in connection with the investigation, preparation and filing of a complaint, together with any additional [attorney fees] and litigation costs which may be incurred in connection with legal proceedings brought by KLLM for breach of this Agreement entered into between KLLM and JBS. The claimed amount of such [attorney fees] and litigation costs will be submitted to the applicable court for assessment and approval.
[Docket no. 1-2, ¶ 10]. Thus, KLLM has submitted its Motion for Attorney Fees and Litigation Costs [Docket no. 232] along with exhibits that purport to itemize its attorney fees and litigation costs.2
KLLM seeks an award of $1,232,701.50 in attorney fees, $84,560.23 in expenses, and $350.00 in litigation costs. JBS, on the other hand, argues for an award of either $634,265.92 at the maximum or $62,766.00 at a minimum in attorney fees, $17,780.61 in expenses, and $350.00 in litigation costs. This court is persuaded for the reasons set forth below that various reductions of KLLM's requested attorney fees are warranted. This court, however, is also persuaded that KLLM has shown its expenses are reasonable — with the exception of two (2) expert witnesses' fees. This court is finally persuaded that KLLM is entitled to its costs of court.
a. Attorney Fees
The settlement agreement between the parties expressly states that JBS will "pay all attorney fees ... incurred by KLLM in connection with the investigation, preparation and filing of a complaint, together with any additional attorney fees ... which may be incurred in connection with legal proceedings brought by KLLM for breach of this Agreement." This agreement is particularly impactful where the parties and the court engaged in a nine (9) day jury trial to resolve this litigation.
In determining attorney fees, this court must follow Fifth Circuit precedent by calculating a "lodestar" fee "by multiplying the reasonable number of hours expended on a case by the reasonable hourly rates for the participating lawyers." Louisiana Power & Light Co. v. Kellstrom, 50 F.3d 319, 324 (5th Cir. 1995). The court then considers whether the lodestar figure should be adjusted upward or downward depending on the circumstances of the case. Id. In making a lodestar adjustment the court should look to twelve factors, known as the Johnson factors, after Johnson v. Georgia Highway Express, Inc., 488 F.2d 714 (5th Cir. 1974).
"When ... the applicant for a fee has carried his burden of showing that the claimed rate and number of hours are reasonable, the resulting product is presumed to be the reasonable fee[.]" Blum v. Stenson, 465 U.S. 886, 897, 104 S.Ct. 1541, 1548, 79 L. Ed. 2d 891 (1984). Indeed, the United States Supreme Court has held:
The "lodestar" figure has, as its name suggests, become the guiding light of our fee-shifting jurisprudence. We have established a "strong presumption" that the lodestar represents the "reasonable" fee, Delaware Valley I, supra, 478 U.S., at 565, 106 S.Ct., at 3098, and have placed upon the fee applicant who seeks more than that the burden of showing that "such an adjustment is necessary to the determination of a reasonable fee." Blum v. Stenson, 465 U.S. 886, 898, 104 S.Ct. 1541, 1548, 79 L.Ed.2d 891 (1984) (emphasis added).
City of Burlington v. Dague, 505 U.S. 557, 562, 112 S.Ct. 2638, 2641, 120 L. Ed. 2d 449 (1992)
KLLM asserts the hours it has claimed and the hourly rates it charged are reasonable and consistent with other cases in this region. JBS does not challenge the hourly rates as presented to this court by KLLM. JBS argues, instead, that the sheer number of attorneys and paralegals working on this litigation was unreasonable and that the hours allegedly expended and now claimed by the attorneys and paralegals for KLLM are excessive.
JBS postulates an alternate lodestar figure for this court to contemplate, saying that $634,265.92 is the maximum lodestar that the court should award and $62,766.00 is the minimum. JBS complains that KLLM's lodestar of $1,232,701.50 is excessive because: time is accounted for in blocks; a dozen (12) attorneys and 10 paralegals worked on this matter; duplicative billing; the preparation of certain witnesses who were not called for trial; "extraordinary and unreasonable" amount of time spent in preparation of pleadings; electronically stored information preparation; and paralegal's fees which are not "work traditionally done by an attorney." [Docket no. 232-1, *SEALED*].
KLLM answers JBS' contention, saying that it had good reasons to utilize the services of a dozen (12) attorneys during various phases of this litigation. The parties engaged in twenty-three 23) depositions in five (5) states requiring the services of multiple attorneys to prepare for and conduct said depositions. The parties also engaged in a significant volume of electronic discovery that required an attorney to manage an ESI3 vendor to ensure the discovery process complied with the Federal Rules of Civil Procedure. KLLM says, on the other hand, it relied upon the services of only two (2) attorneys at trial. This approach was chosen, says KLLM, in an attempt to limit the litigation costs for its client and, potentially JBS.
In addition to its attack on KLLM's lodestar calculation, JBS next points to a ratio determination between the jury's award and the attorney fees claimed by KLLM. JBS says that "KLLM should be reimbursed at most for only 5.1% of [KLLM's requested attorney fees] to reflect its minimal `degree of success' in obtaining a $36,950.00 compensatory damage award." [Docket no. 241, P. 4, *SEALED*].
KLLM correctly counters that a "proportionality requirement between the amount of attorney fees and the amount of damages ... was explicitly rejected by the [United States Supreme] Court in [City of Riverside v. Rivera, 477 U.S. 561 (1986)]." Cobb v. Miller et al, 818 F.2d 1227, 1235. (5th Cir. 1987). The City of Riverside holding proclaimed "[i]n the absence of any indication that Congress intended to adopt a strict rule that attorney's fees under § 1988 be proportionate to damages recovered, we decline to adopt such a rule ourselves." 477 U.S. 561, 581, 106 S.Ct. 2686, 2697, 91 L. Ed. 2d 466 (1986). And Cobb dutifully followed stating:
In the absence of other Johnson factors justifying a reduction in a fee award, a district court should not reduce the fee award solely because of a low damages award. Such an approach would lead to a proportionality requirement between the amount of attorney's fees and the amount of damages and was explicitly rejected by the Court in Riverside.
Cobb v. Miller et al, 818 F.2d 1227, 1235, (5th Cir. 1987).
In any event, this court notes, JBS's assertion that the ratio between the attorney fees claimed by KLLM in this matter and the total damages awarded by the jury (a ratio of 1:1.3) is not disproportionate: JBS fails to account for the punitive damages award. The total award of the jury was $936,950. The claimed attorney fees are $1,244,349.50. This provides a ratio of 1:1.3, a figure not even remotely close to JBS's calculated figure of 1:34. JBS's figure would be correct in the absence of the jury's punitive damage award, but is not when the total damages award is tallied.
This court must now review the hours claimed by KLLM in its "Fee and Expense Detail". [Docket no. 233-9]. After a thorough review, contemplating the issues raised by JBS, this court finds the lodestar figure of $1,232,701.50 contains excessive and duplicative time entries. The court has prepared several charts, based on the submissions of KLLM, which indicate the figures upon which the court is relying. These charts are attached hereto as Exhibits A-C.
As JBS correctly indicates, KLLM's attorneys and paralegals engaged in "block billing" for many of its time entries. Fifth Circuit precedent, however, is clear that "block billing", while disfavored, is not an automatic reason to deny an award of attorneys fees.
The ability to assess the reasonableness of a fee request is greatly undermined by the practice of billing multiple discrete tasks under a single time designation — so-called "block-billing." This practice was heavily utilized by Plaintiffs' counsel in this case. We have held that a party seeking an attorneys' fee award must produce documentation that is "sufficient for the court to verify that the applicant has met its burden of establishing an entitlement to a specific award." Gagnon v. United Technisource, Inc., 607 F.3d 1036, 1044 (5th Cir. 2010); La. Power & Light Co., 50 F.3d at 325 (supporting documentation must be "adequate to determine reasonable hours"). At first blush, block-billing appears to be in tension with this standard, as district courts must not only assess whether the total amount of time spent is reasonable, but also "whether the particular hours claimed were reasonably expended." La. Power & Light Co., 50 F.3d at 325 (emphasis added). Nevertheless, we have stated that "failing to provide contemporaneous billing statements does not preclude an award of fees per se, as long as the evidence produced is adequate to determine reasonable hours." Gagnon, 607 F.3d at 1044.
The upshot of this jurisprudence is that litigants take their chances in submitting fee requests containing block-billed entries and will have no cause to complain if a district court reduces the amount requested on this basis. See, e.g., Welch v. Metro. Life Ins. Co., 480 F.3d 942, 948 (9th Cir. 2007) ("We do not quarrel with the district court's authority to reduce hours that are billed in block format."); Lahiri v. Univ. Music & Video Dist. Corp., 606 F.3d 1216, 1223 (9th Cir. 2010) (affirming reduction of 30 percent for block-billed entries).
DeLeon v. Abbott, 687 F. App'x 340, 346 (5th Cir. 2017).
This court is persuaded that KLLM's requested attorneys and paralegals fee entries which are block billed do not give this court the requisite specificity required to determine whether the time spent was "reasonably expended" in prosecuting KLLM's case. For example, in its Fee and Expense Detail, Cable Frost, KLLM's lead attorney, billed 2.2 hours on February 7, 2012 for the following:
Prepare proposed response to Nick White re PPC/JBS's settlement position; confer with internal KLLM team re same; transmit KLLM's response to Nick White; confer with Brad Moody re drafting of Complaint.
[Docket no. 232-9, P. 2]. In another example, Brad Moody, a junior attorney assigned to KLLM billed 7.7 hours for the following on May 30, 2012:
Correspond with defense counsel re document production issues; correspond with Andy Mozingo re data production issues; analyze damages spreadsheet from Terry Thornton; telephone conference with Terry Thornton re damages spreadsheet; continue drafting and revising damages calculation for initial disclosures; [redacted line] correspond with Terry Thornton re damages calculations; review e-mails of Brandon Woods to identify additional documents for production; review powerpoint presentation given by Bill Hahn to identify slides to include in initial production.
[Docket no. 232-9, P. 9]. In yet another example, Richard Yarborough, a shareholder at Baker Donaldson and KLLM's primary attorney, billed 1.5 hours on August 28, 2015 for the following:
Obtain routine trial updates; [redacted line]; conference with S. Kennedy regarding Judge's ruling on lost profits issue and steps going forward; alternative in closing and issue of instructions to jury.
[Docket no. 232-9, P. 150]. The above quoted entries are a fraction of the time entries from KLLM's submission that qualify as "block-billing".
JBS, attached to its response in opposition to KLLM's Motion for Attorneys' Fees and Litigation Costs, a color coded copy of KLLM's itemized detail of attorney fees and expenses. [Docket no. 240-5, *SEALED*]. Accordingly, this court hereby unseals that document and makes it an Exhibit of this order. JBS's color coding indicates various problems as it sees KLLM's entries: allegedly excessive and duplicative time is color coded in green; expert witnesses who were not called are color coded in yellow and light blue; allegedly unreasonable expenditures of time preparing pleadings and preparing for hearings are color coded in orange; and all entries related to electronically stored information are color coded in red. This court hereby adopts JBS's highlighted exhibit [Docket no. 240-5, *SEALED*] as to both attorney fees and paralegal fees and, accordingly, unseals said document. See Exhibit E.
Accordingly, this court finds that KLLM has not provided this court with a record of its time spent on this litigation with the requisite specificity and must, therefore, reduce KLLM's requested attorney and paralegal fees. This court finds that a reduction of the lodestar is appropriate here to account for excessive and duplicative time, as well as time billed as "block-billing". Thus, this court accepts JBS's contention that $634,265.92 is the maximum amount of the lodestar that can be awarded to KLLM, and, this court will utilize that figure when applying the Johnson factors.
When reviewing the Fee and Expense Detail and the Affidavits submitted by KLLM's attorneys, this court noted that KLLM's attorneys had already voluntarily reduced significant expenditures of time thereby reducing their bill to KLLM, and by extension to JBS. Michael Bernier, counsel for KLLM, in his affidavit asserts that "Baker Donelson voluntarily cut 303.1 hours from its bills to KLLM, totaling reductions of $86,549.50." [Docket no. 262-6, P. 3, *SEALED*]. The court conducted an independent analysis of the Attorney Fee and Expense Detail submitted by KLLM in support of its request and has verified Baker Donelson's assertion. This court found, for example: Michael Bernier, the junior associate who conducted the day to day tasks associated with this litigation, waived 57 time entries; and Cable Frost, the shareholder who supervised this litigation, waived 17 time entries. See Exhibit A to this Order.
KLLM's attorneys also waived attorney fees in toto for several of its attorneys who had assisted in this matter, as well: Scott Carey; Amy Champagne; Brent Cole; Blake Fulton; Samuel Gregory; Adria Jetton; and Everett White.4 KLLM's attorneys, by not billing anything for forty-one point one (41.1) hours' worth of the aforementioned attorney's time, further voluntarily reduced KLLM's alleged bill by eight thousand one hundred dollars ($8,100.00). See Exhibit C to this Order.
This court reviews the reasonableness of the hours charged by determining, if, "at the time the work was performed, a reasonable attorney would have engaged in similar time expenditures." Grant v. Martinez, 973 F.2d 96, 99 (2nd Cir. 1992). This court finds that KLLM may have acted reasonably; however, this court cannot find that KLLM has provided evidence of its attorney fees with the specificity required. This court, therefore, is persuaded to reduce the lodestar fee by at least $596,435.58, as suggested by JBS.
After having determined the lodestar fee, this court must apply the Johnson factors.5 In reviewing the Johnson factors, this court is convinced that no further reduction nor any increase of the lodestar is necessary, or appropriate for the reasons infra.
The Fifth Circuit has clearly stated the scope of the Johnson factors is narrowed because "the trial court must be careful not to double count a Johnson factor already considered in calculating the lodestar when it determines the necessary adjustments." Shipes v. Trinity Indus., 987 F.2d 311, 320 (5th Cir. 1993). The Shipes court further expounded, "[f]our of the factors — the novelty and complexity of the issues, the special skill and experience of counsel, the quality of representation, and the results obtained from the litigation — are presumably fully reflected in the lodestar amount." Id.
This court additionally is persuaded that the present lodestar calculation accurately reflects, and takes account of: whether the fee is fixed or contingent; the customary fee for similar work in the community; and the experience, reputation, and ability of the attorneys. This court must then separately address the remaining Johnson factors: the time and labor required; the nature and professional relationship with the client; awards in similar cases; the preclusion of other employment; time limitations imposed by the client or the circumstances; and the undesirability of the case.
KLLM asserts this case required substantial dedication by all assigned counsel and was very time-consuming, therefore, the time and labor required Johnson factor should weigh in its favor. As part of that argument, KLLM contends that the court should take into account JBS's pugnacious litigation tactics. KLLM states in its Motion for Attorney Fees that JBS engaged in time-consuming, dilatory, and vexatious litigation tactics such as: producing discovery that was cryptic and voluminous6; naming forty-five (45) persons with knowledge of relevant facts and information7; refusing to reduce the number of depositions required by identifying key witnesses8; forcing KLLM to engage in thirty (30) depositions in five (5) states9; and occasioning contentious motion practice resulting in multiple days' hearings10.
JBS counters that it did not engage in the onerous tactics as described accusatorily by KLLM; rather, JBS simply defended itself within the bounds of procedure and appropriate jurisprudence. JBS further says that KLLM's time and labor actually was substantially less than KLLM claims. Further, says JBS, KLLM seemingly spent considerable resources on a small amount in controversy.11
This court is not persuaded that JBS engaged in vexatious tactics as described by KLLM. There exist no motions on the docket report in this case where KLLM filed a Motion to Compel nor a Motion for a Protective Order to prevent JBS's alleged litigation abuses. Had KLLM done so and won its argument, this court would have some basis for finding that JBS unnecessarily extended the length and breadth of this lawsuit.
Even so, because this lawsuit features multiple depositions, and a nine (9) day jury trial, this court is persuaded that this factor weighs in favor of KLLM.
While KLLM does not understand why the nature and length of the professional relationship with the client factor would contribute to any adjustment, this court looks to Johnson itself where the court stated, "A lawyer in private practice may vary his fee for similar work in the light of the professional relationship of the client with his office." Johnson at 719. KLLM and its attorneys conceded they enjoy a long-standing relationship. As a result of that relationship, "Baker Donelson12 has voluntarily reduced its hours billed by over 300 hours, totaling reduced fees of almost $90,000." [Docket no. 233, p. 17]. JBS asserts that this factor does not apply to this lawsuit. This court is persuaded that this factor — nature and length of the professional relationship — weighs in favor of KLLM.
KLLM cites cases from the United States District Courts of Mississippi, which it says will guide this court; however, as JBS appropriately points out, both cases are distinguishable. In U.S. ex rel. Rigsby v. State Farm Fire & Cas. Co., 2014 WL 691500 (S.D. Miss. 2014), Judge Ozerden reduced the lodestar by 60% after excluding all excessive, duplicative and inadequately documented time. This court already has found disfavor with KLLM's inadequately documented time request because of its numerous submissions containing multiple "block billed" entries. The court additionally has deducted KLLM's excessive and duplicative entries as reflected in Exhibit E, adopted by this court.
JBS contends that Rigsby supports a further reduction of the lodestar. This court is not persuaded having already made the appropriate reductions. And, this court is persuaded that Perez v. Bruister, 2015 WL 5712883 (S.D. Miss. 2015), is distinguishable from the case at bar because the claimed attorney fees were less than the jury award and the attorney fees were not contested. This court finds this factor, awards in similar cases, is neutral.
KLLM does not assert that it imposed time limitations on its attorneys — for example, that KLLM required its attorneys to work exclusively on its case — and therefore this factor is neutral. JBS says that this factor does not apply. This court is inclined to agree with KLLM that this factor applies and is neutral.
Similarly, KLLM does not assert that this case was undesirable, therefore, this factor also is neutral. JBS also contends that this factor is inapplicable. Again, this court agrees with KLLM's assessment that this factor applies and is neutral.
In weighing the Johnson factors, this court is persuaded that court's the lodestar calculation should not be further reduced nor enlarged. By this court's analysis of the Johnson factors, two (2) factors favor KLLM, namely the time and labor required factor and the nature and length of the professional relationship with the client factor; however, these factors are not significant enough to merit an increase in the lodestar. JBS vigorously contested this matter, which required an equally vigorous contest by KLLM, therefore, JBS should not complain that KLLM is entitled to just fees for resources expended and hours consumed. See Henson v. Columbus Bank & Trust Co., 770 F.2d 1566, 1575 (11th Cir. 1985).
b. Litigation Expenses
The settlement agreement between the parties expressly provides that JBS will "pay all ... litigation costs incurred by KLLM in connection with the investigation, preparation and filing of a complaint, together with any additional attorney fees and litigation costs which may be incurred in connection with legal proceedings brought by KLLM for breach of this Agreement." [Docket no. 1-2, ¶ 10]. KLLM seeks litigation expenses in the amount of $84,560.23, exclusive of court costs. See Exhibit D to this Order. KLLM asks this court to award it litigation expenses that would not normally be recoverable under Fed.R.Civ.R. 5413 and 28 U.S.C. § 192014.
JBS asks this court to apply Fed.R.Civ.R. 54 and 28 U.S.C. § 1920 to KLLM's request for litigation expenses. If this court were to agree with JBS, then KLLM would not be entitled to various categories of its expenses: expert witness fees; shipping, postage, and long distance billing; travel expenses; computer research costs; mediation fees; copying costs where they are not shown to be "necessarily obtained for use in the case"; ESI; trial transcript costs where they are not shown to be "necessarily obtained for use in the case"; and deposition transcripts where they are not shown to be "necessarily obtained for use in the case". The effect would be the reduction of KLLM's expenses to $17,780.61 according to JBS.
For support, JBS cites this court's opinion in Alexander v. City of Jackson, Mississippi, 2001 WL 1059293 (S.D. Miss. March 21, 2011). This court declines to find that Alexander is analogous to the instant lawsuit. Alexander involved several Title VII claims that the parties presented for a jury trial. The jury found for the plaintiffs and awarded monetary damages. This court set aside the jury's verdict for various reasons and set it for a new jury trial. After this court set aside the jury verdict, the parties agreed to mediation and eventually settled for a lesser amount than the jury's award. The plaintiffs then moved for expenses under Title 42 U.S.C. § 1988(b)15 and Title 42 U.S.C. §2000e-5(k)16 — both of which apply to civil rights cases, not the type of lawsuit under review here.
KLLM counters JBS's argument by citing MGM Resorts Miss., Inc. v. ThyssenKrupp Elevator Corp., in which the court interpreted a contract that did not define the term "costs." 2015 WL 5178122. The MGM court gave the term "costs" its ordinary meaning when it stated:
The Court therefore must give the word its ordinary meaning. Cont'l Cas. Co. v. Hester, 360 So.2d 695, 697 (Miss.1978) ("It is well settled that the words of a contract are to be given their ordinary meanings.") (citation omitted). "`[C]osts' has an everyday meaning synonymous with `expenses.'' Taniguchi v. Kan Pac. Saipan, Ltd., 132 S.Ct. 1997, 2006 (2012) (quoting 10 C. WRIGHT ET AL., FEDERAL PRACTICE AND PROCEDURE § 2666 (3d ed.1998)). "`Expenses,' of course, include all the expenditures actually made by a litigant in connection with the action. Both fees and costs are expenses but by no means constitute all of them." 10 FED. PRAC. & PROC. CIV. § 2666 (footnote omitted).
MGM at *7, fn. 11. The MGM court then awarded expenses which would normally be excluded by 28 U.S.C. § 1920.
This court is persuaded by KLLM's contention that the plain language of the settlement agreement supports an award of expenses outside of Fed.R.Civ.R. 54 and 28 U.S.C. § 1920.
This court, however, is not persuaded that KLLM should be allowed to recover costs for its expert witnesses that never testified at trial, either because this court excluded one of them, namely Dr. Brooking, or because KLLM never called the expert witness, Mr. Keene. Accordingly, this court will reduce KLLM's requested expenses by $32,402.17 (See Exhibit D) to reflect this court's reticence to allow an expense for an expert witness who never testified at trial. Although KLLM requested fees for these purported witnesses who never testified at trial, KLLM did not provide the court any basis for allowing expert fees for advice provided outside of trial. This court, therefore, will reduce KLLM's requested expenses from $84,560.23 to $52,158.06.17
c. Court Costs
KLLM additionally seeks three-hundred fifty dollars ($350) in court costs. JBS does not dispute that KLLM is entitled to reimbursement for the three-hundred fifty dollars ($350) filing fee that KLLM incurred when it filed the instant lawsuit. [Docket no. 241, P. 18, *SEALED*].
d. Conclusion
This court is convinced by KLLM's argument that parties may contractually enlarge the scope of litigation expenses as the parties have done in this case. JBS's contention that KLLM is not entitled to recover "litigation costs incurred by KLLM in connection with the investigation, preparation and filing of a complaint, together with any ... litigation costs which may be incurred in connection with legal proceedings brought by KLLM for breach of this Agreement," would be to condone JBS's violation of the settlement agreement in the first place.
This court, however, finds that KLLM's attorney fees submissions contain multiple block billing, duplicative, and excessive entries. Accordingly, this count must reduce KLLM's requested lodestar to $634,265.92.
This court further finds that KLLM is entitled to reasonable expenses of $52,158.06.
IV. CONCLUSION
This court has presided over this tumultuous and extremely contentious litigation for several years, beginning with the underlying suit that resulted in a settlement, and the present lawsuit filed as a result of a breach of that settlement agreement. Moreover, a jury found that JBS acted with malice in violating its settlement agreement with KLLM.
Further, this court is convinced, after a review of the billing of KLLM's attorneys that KLLM's lodestar must be reduced to $634,265.92 without further reduction after applying the Johnson factors.
Finally, this court is persuaded that the expenses KLLM incurred in prosecuting this litigation should be granted, but reduction is warranted to reflect that two (2) of KLLM's expert witnesses never testified at trial.
IT IS, THEREFORE, ORDERED AND ADJUDGED that KLLM Transport Services, LLC's Motion for Attorney Fees and Litigation Costs [Docket no. 232] is hereby GRANTED, with reductions, and that KLLM is entitled to attorney fees in the amount of $634,265.92.
IT IS FURTHER ORDERED that KLLM is entitled to recover its expenses in litigating this matter in the amount of $52,158.06.
IT IS FURTHER ORDERED that KLLM is entitled to recover its costs of court in the amount of $350.00.
IT IS FINALLY ORDERED that all sealed documents relative to this dispute of attorney fees in this case are hereby unsealed.
SO ORDERED AND ADJUDGED.
EXHIBIT A
ATTORNEY HOURS CHART
Average
Attorney Billing Claimed Amount Non-Billed
Name Rate Hours Claimed Entries Notes of Attorney Participation
Shareholder supervising this
litigation; attended all hearings;
participated extensively in
discovery; attended depositions;
participated in jury trial; Waived
Frost, Cable $279.31 1801.40 $517,651.55 17 seventeen (17) time entries
Started this litigation as an
associate, but became
shareholder in early —; when
he became a shareholder, his
participation was limited due to
his higher billing rate;
participated in initial stages of
preparing complaint etc,;
Moody, attended jury trial; Waived nine
Brad C. $250.06 761.90 $193,504.35 9 (9) time entries
Shareholder who appointed Cable
Frost to supervise the litigation;
lead jury trial counsel; attended
Kennedy, depositions; attended hearings;
Steve $273.56 407.20 $117,391.75 7 Waived seven (7) time entries
Associate who conducted the day
to day tasks associated with this
litigation; research and drafting
pleadings; attended depositions;
attended hearings participated in
Bernier, jury trial; waived the most time
Michael $216.14 1262.80 $306,012.51 57 entries (57)
Shareholder who manages the
KLLM account; managed overall
Yarborough, litigation of this matter; Waived
Richard $228.47 49.60 $13,810.79 11 eleven (11) time entries
Attorney
Totals $249.51 4282.9 $1,148,370.95 101
EXHIBIT B
PARALEGAL HOURS CHART
Paralegals
Average Paralegal's Duties
Billing Total Amount
Name Rate Hours Claimed Non-billed Entries
Primary paralegal
in this lawsuit who
managed the day
to day tasks
Craft, Julie $116.02 476.8 $57,090.55 required 10
Primary paralegal
who prepared all
electronic
discovery and
Cook, Dale $120.00 63.8 $7,656.00 documentation 0
Paralegal who
analyzed and
prepared discovery
documents for
Summers, Melissa $120.00 94.1 $11,292.00 production 0
General assistance
leading up to and
Williams, Andrea $101.54 69.1 $8,292.00 during the jury trial 4
Totals $114.39 703.8 $84,330.55 14
EXHIBIT C
WAIVED ATTORNEY FEES
Waived Fees
Average
Attorney Billing Claimed Amount
Name Rate Hours Claimed Notes
Scott Carey $290.00 0.5 $145.00 Shareholder
Amy
Champagne $290.00 1 $290.00 Shareholder
Bent Cole $224.15 13.6 $3,048.50 Associate
Blake Summer
Fulton $140.00 13.2 $1,848.00 Associate
Samuel
Gregory $245.00 7.7 $1,886.50 Associate
Adria
Jetton $245.00 2.6 $637.00 Associate
Everett Listed as
White $98.00 2.5 $245.00 Associate
Total
Hours 41.1
Total
Amount $8,100.00
EXHIBIT D
EXPENSES
Category Claimed Amount Notes
Photocopies $1,007.40 5,037 pages at $0.20 per page
Deposition Expenses $23,086.23 19 Depositions
Filing Fee for the U.S. District Court Clerk for
Court Fees $350.00 the Southern District of Mississippi
Computer Research $795.11 Westlaw and Pacer Charges
Mediation conducted by Sessums, Dallas &
Mediation Fees $985.00 Morrison, PLLC on July 6, 2012
Global CFI for Computer Forensic Services
($11,219.00); Economic Systems — Carl
Brooking ($27,287.50); and Larry Keene
Expert Witnesses $43,621.17 ($5,114.67)
Courier Charges $173.95
To various phone numbers in Texas,
Long Distance Phone Arkansas, Colorado, Alabama, Iowa,
Calls $266.28 Pennsylvania, and Mississippi
Equipment $106.99 One external hard drive for e-discovery
Postage $425.50 U.S. Postage and FedEx charges
Travel and expenses for Cable Frost and Brad
Moody to Loveland, Colorado for
depositions; C. Frost travel and expenses to
Gainesville, Georgia for deposition; B. Moody
travel and expenses to Cedar Rapids, Iowa
for deposition; B. Moody travel and expenses
to Mt. Pleasant and Lufkin, Texas for
depositions; M. Bernier travel and expenses
to Texas for deposition; C. Frost travel and
expenses in Denver, Colorado for deposition;
C. Frost travel and expenses to Atlanta,
Georgia for deposition; travel and expenses
Travel and Meal to U.S. District Courthouse in Jackson,
Expenses $11,861.30 Mississippi for hearings and jury trial.
For the various court reporters' invoices both
for portions of the jury trial and various
Trial Transcripts $2,231.30 hearings
Total $84,910.23
EXHIBIT E
COLOR CODED ATTORNEY FEE EXHIBIT
EXHIBIT 5
Fee and Expense Detail
Date TKPR Name Billed Amt BI Hrs Billed Rate Narrative
Review correspondence in contracts re KLLM and PPC's dedicated services agreement
1/3/2012 Frost, Cable $348.00 1.2 $290.00 and PPC's threat to terminate
Confer with Brad Moody re issues surrounding PPC's threats to terminate dedicated
1/5/2012 Frost, Cable $174.00 0.6 $290.00 services agreement
Confer with Steve Kennedy re review of contracts and correspondence re PPC's threat'
1/6/2012 Frost, Cable $116.00 0.4 $290.00 to terminate dedicated services agreement
1/6/2012 Moody, Brad C. $147.00 0.6 $245.00 Analyze agreements with Pilgrim's and evaluate options for filing suit
Prepare for and participate in meeting to discuss potential suit re PPC's termination of
1/9/2012 Frost, Cable $464.00 1.6 $290.00 dedicated hauling agreement; review email correspondence from counsel for PPC
Review letter from Pilgrim's regarding dedicated termination; draft correspondence to
N. White regarding same; meet with counsel regarding strategy for suit against JBS
1/9/2012 Kennedy, Steve $464.00 1.6 $290.00 regarding same
Prepare for and participate in conference call with Steve Kennedy and KLLM
executives to discuss course of action re PPC's threatened termination of dedicated
1/10/2012 Frost, Cable $464.00 1.6 $290.00 services agreement
Draft email to counsel for PPC re KLLM's position on early termination; confer with
1/12/2012 Frost, Cable $348.00 1.2 $290.00 Brad Moody and Steve Kennedy re same
Correspondence with Rick Yarborough and Nick White re KLLM's offer to discuss
1/17/2012 Frost, Cable $232.00 0.8 $290.00 resolution of relationship with PPC
Email correspondence with Nick White, counsel for JBS/PPC; review agreements and
1/20/2012 Frost, Cable $638.00 2.2 $290.00 correspondence in order to prepare for upcoming meeting with Mr. White
Telephone conference with Jim Richards and Terry Thornton re [REDACTED\]
1/31/2012 Moody, Brad C. $220.50 0.9 $245.00
1/31/2012 Moody, Brad C. $98.00 0.4 $245.00 Evaluate damages figures for settlement purposes
1/31/2012 Moody, Brad C. $392.00 1.6 $245.00 Analyze damages spreadsheet received from client
Receive and review damages calculation from Terry Thornton; confer with Brad
Moody re schedules attached damages calculation and specific questions to ask
KLLM; participate in telephone conference with [REDACTED\]
; draft email correspondence to counsel for
JBS/PPC; begin analysis of personal jurisdiction issues that could arise should PPC be
2/1/2012 Frost, Cable $928.00 3.2 $290.00 named as a defendant in the lawsuit
Receive and review correspondence from counsel for PPC/JBS re KLLM's proposal to
resolve differences between the companies; confer with Steve Kennedy re same;
confer with Brad Moody re beginning process of drafting Complaint against JBS for
breach of contract; begin examination of case law supporting suit against JBS in light
2/3/2012 Frost, Cable $928.00 3.2 $290.00 of contractual relationship with PPC and KLLM
2/6/2012 Moody, Brad C. $588.00 2.4 $245.00 Review Mississippi and Fifth Circuit case law to support claims against JBS Carriers
Meet with B. Moody and discuss matter and requested research (0.5)Oresearch
whether provision in agreement providing that JBS will insure that Pilgrim's Pride will
adhere to transportation agreement is enforceable to the extent that it creates liability
2/6/2012 Bernier, Michael $1,617.00 6.6 $245.00 under a breach of contract theory (6.1)
Prepare proposed response to Nick White re PPC/JBS's settlement position; confer
with internal KLLM team re same; transmit KLLM's response to Nick White; confer with
2/7/2012 Frost, Cable $638.00 2.2 $290.00 Brad Moody re drafting of Complaint
Research whether a company's assertion that it can control its affiliate's activities is
2/7/2012 Bernier, Michael $661.50 2.7 $245.00 enforceable
2/8/2012 Bernier, Michael $539.00 2.2 $245.00 Draft and revise Complaint
2/9/2012 Bernier, Michael $686.00 2.8 $245.00 Draft and revise Complaint
Review 5th Circuit case law re promises of affiliates or related companies with regard
to enforceability; examine email chain and agreements between JBS, KLLM and PPC in
2/10/2012 Frost, Cable $928.00 3.2 $290.00 order to formulate presentation of facts and legal arguments in complaint
Revise and edit complaint; review federal rules re pleading requirements under new
2/10/2012 Moody, Brad C. $661.50 2.7 $245.00 case law; review federal rules re pleading attorney's fees
2/10/2012 Bernier, Michael $637.00 2.6 $245.00 Draft and revise Complaint
2/11/2012 Craft, Julie $12.00 0.1 $120.00 Analyze and update attorney notebooks re Email from C Frost to N White
2/11/2012 Craft, Julie $12.00 0.1 $120.00 Conference with S. Kennedy re status of file and related tasks
Research case law and revise Complaint to be filed against JBS; prepare for and
participate in telephonic conferences with counsel for JBS re KLLM's sale of trailers to
JBS and the ongoing relationship between KLLM and JBS should KLLM file suit; confer
2/13/2012 Frost, Cable $812.00 2.8 $290.00 with Mike Bernier re additional causes of action
Meet with C. Frost and B. Moody to discuss first draft of Complaint and requested
2/13/2012 Bernier, Michael $661.50 2.7 $245.00 revisions (0.6); Draft and revise Complaint (2.1)
2/14/2012 Yarborough, Richar $100.00 0.5 $200.00 Review of documents; Conference with S. Kennedy regarding Pilgim's involvement.
Draft and revise Complaint for Breach of Settlement Agreement (3.0); research
2/14/2012 Bernier, Michael $808.50 3.3 $245.00 pleading requirements for punitive damages (0.3)
Revise/edit Complaint to be filed against JBS; confer with internal team re punitive
2/15/2012 Frost, Cable $928.00 3.2 $290.00 damages as well as causes of action; transmit to client for review and approval
Review of draft of proposed complaint against JBS; Comment as to same; Address
2/15/2012 Yarborough, Richar $300.00 1.5 $200.00 issue of punitive damages; Review settlement agreement with JBS in earlier matter
2/15/2012 Bernier, Michael $122.50 0.5 $245.00 Revise Complaint and research prospective causes of action to add
Evaluate service options; review Mississippi and federal rules re services; evaluate
2/16/2012 Moody, Brad C. $416.50 1.7 $245.00 merits of requesting waiver of service of process; draft analysis re service options
Conference with B. Moody and M. Bernier; Revisions to Complaint; Prepare Civil Cover
2/16/2012 Craft, Julie $120.00 1 $120.00 Sheet; Prepare Summons to JBS Carriers, Inc.
Research and analyze waiver of service and serving process upon JBS Carriers and the
2/16/2012 Bernier, Michael $710.50 2.9 $245.00 benefits of each to determine which is the best course of action for us to take
Finalize all documents; Correspondence to USDC re Complaint, Civil Cover Sheet,
2/17/2012 Craft, Julie $120.00 1 $120.00 Summons to JBS Carriers, Inc. and payment of fees.
Research service of process and appropriate means by which to effect it, and arrange
2/17/2012 Bernier, Michael $661.50 2.7 $245.00 for service upon JBS Carriers by certified mail
Confer with JBS and KLLM re KLLM's sale of trailers to JBS and affect on pending
litigations; review draft of Bill of Sale and invoice re sale of trailers; confer with Nick
2/20/2012 Frost, Cable $348.00 1.2 $290.00 White re draft of Purchase Agreement for trailers
Confer with KLLM re JBS's proposed Bill of Sale and logistics of same; confer with Nick
2/22/2012 Frost, Cable $232.00 0.8 $290.00 White re expected date for payment of trailers
Conference with B. Moody re service of process status; Analyze status of mail receipt;
Report to attorneys that service was perfected on February 21st; Calendar JBS
2/22/2012 Craft, Julie $60.00 0.5 $120.00 Carriers's answer deadline
Conference with attorneys re status and related issues; Update to attorney notebooks
2/24/2012 Craft, Julie $24.00 0.2 $120.00 re same, recent communication and pleadings
Confer with Terry Thornton re status of payment for trailers to be sold to PPC; contact
counsel for PPC to discuss same; receive and review correspondence from counsel
representing JBS regarding response date of JBS; confer with Steve Kennedy re same;
3/6/2012 Frost, Cable $464.00 1.6 $290.00 review proposed pleadings to extend Answer deadline
3/7/2012 Frost, Cable $377.00 1.3 $290.00 Begin discovery plan and drafting of interrogatories
3/9/2012 Frost, Cable $232.00 0.8 $290.00 Continue evaluation and workup of potential discovery requests
3/15/2012 Frost, Cable $174.00 0.6 $290.00 Confer with Terry Thornton [REDACTED\]
3/15/2012 Kennedy, Steve $58.00 0.2 $290.00 Update T. Thornton on JBS suit
Review contracts and materials provided by Terry Thornton and conduct telephonic
3/16/2012 Frost, Cable $522.00 1.8 $290.00 conference to discuss findings regarding valuation of leased trailers
3/19/2012 Moody, Brad C. $49.00 0.2 $245.00 Receive and review pro hac vice application for new counsel for JBS Carriers
Analyze and update attorney notebooks re JBS Carrier's Motion for Extension of Time
3/20/2012 Craft, Julie $24.00 0.2 $120.00 to file its response to Complaint
Analyze and update attorney notebooks re Court's Order allowing JBS Carriers until
3/20/2012 Craft, Julie $24.00 0.2 $120.00 March 28th to file response to Complaint
Analyze and update attorney notebooks re Brian Eberle's Application for Admission
3/20/2012 Craft, Julie $24.00 0.2 $120.00 Pro Hac Vice and Court's approval of same
3/28/2012 Frost, Cable $174.00 0.6 $290.00 Receive and review PPC's Answer to KLLM's Complaint
Confer with Steve Kennedy re discovery plan in PPC; begin initial drafts of discovery to
3/28/2012 Frost, Cable $406.00 1.4 $290.00 be propounded to PPC
3/28/2012 Kennedy, Steve $58.00 0.2 $290.00 Update to J. Richards regarding case status
3/28/2012 Bernier, Michael $49.00 0.2 $245.00 Review Answer and Affirmative Defenses of JBS carriers
3/29/2012 Frost, Cable $348.00 1.2 $290.00 Continue formulation of discovery plan and specific discovery requests
3/29/2012 Yarborough, Richar $100.00 0.5 $200.00 Receipt and review of answer filed in action
Analyze and update attorney notebooks re Appearance of J. Hafter as counsel for JBS
3/29/2012 Craft, Julie $24.00 0.2 $120.00 Carriers
3/29/2012 Craft, Julie $24.00 0.2 $120.00 Analyze and update attorney notebooks re Answer of JBS Carriers
3/29/2012 Craft, Julie $24.00 0.2 $120.00 Conference with C. Frost re Answer of JBS Carriers and related tasks
3/30/2012 Frost, Cable $464.00 1.6 $290.00 Continue formulation of discovery plan per conversation with Steve Kennedy
Analyze and update attorney notebooks, calendar re Rule 16(a) Initial Order and
3/30/2012 Craft, Julie $60.00 0.5 $120.00 related deadlines
Receive and review Court's Rule 16(a) Order and Corporate Disclosure and answer of
4/3/2012 Frost, Cable $319.00 1.1 $290.00 JBS
4/5/2012 Kennedy, Steve $58.00 0.2 $290.00 Receive and review court's initial order and deadlines
4/6/2012 Craft, Julie $24.00 0.2 $120.00 Update to attorney calendars re attorney conference set for May 1st
4/10/2012 Craft, Julie $36.00 0.3 $120.00 Analyze and update attorney notebooks re status, recent developments
4/16/2012 Bernier, Michael $98.00 0.4 $245.00 Review pleadings in preparation for drafting discovery requests
Draft First Sets of Interrogatories, Requests for Production of Documents, and
4/17/2012 Bernier, Michael $612.50 2.5 $245.00 Requests for Admission to JBS Carriers
Draft First Set of Interrogatories, First Requests for Production of Documents, and First
4/18/2012 Bernier, Michael $882.00 3.6 $245.00 Requests for Admissions
Draft First Set of Interrogatories, First Requests for Production of Documents, and First
4/19/2012 Bernier, Michael $245.00 1 $245.00 Requests for Admissions
Draft and revise First Set of Interrogatories, First Requests for Production, and First
4/20/2012 Bernier, Michael $514.50 2.1 $245.00 Requests for Admission
Begin process of accumulating specific document requests to address specific issues in
4/23/2012 Frost, Cable $377.00 1.3 $290.00 case; begin preparations for upcoming attorney conference
Confer with Brad Moody re initial disclosures and electronic discovery; continue
preparations for upcoming attorney conference; continue development of discovery
4/24/2012 Frost, Cable $377.00 1.3 $290.00 plan for document requests
Continue preparations for upcoming attorney conference and preparation of initial
4/25/2012 Frost, Cable $406.00 1.4 $290.00 disclosures
4/25/2012 Bernier, Michael $269.50 1.1 $245.00 Prepare initial disclosure
Confer with Brad Moody and Mike Bernier regarding initial disclosures in KLLM's first
set of discovery requests to be served after attorney conference; continue
4/27/2012 Frost, Cable $638.00 2.2 $290.00 preparations for attorney conference
4/27/2012 Bernier, Michael $147.00 0.6 $245.00 Prepare Initial Disclosure
Review local rules, case file and other materials to prepare for initial attorney
conference; identify issues concerning electronically stored information to address
4/30/2012 Moody, Brad C. $318.50 1.3 $245.00 during conference call with court
4/30/2012 Bernier, Michael $490.00 2 $245.00 Prepare proposed Case Management Order; prepare initial disclosure statement
Continue preparing for early attorney conference; call with Cable Mto discuss
issues for conference with defense counsel; participate in conference call with defense
5/1/2012 Moody, Brad C. $441.00 1.8 $245.00 counsel in accordance with court order
5/2/2012 Moody, Brad C. $98.00 0.4 $245.00 Correspond with Jim Richards and Terry Thornton re discovery issues
Prepare for and participate in attorney conference with counsel for JBS; confer with
Brad Moody re privilege issues and need to begin initial discovery; continue work on
5/3/2012 Frost, Cable $812.00 2.8 $290.00 discovery plan
Confer with counsel for JBS re privileged log and ADR agreements reached during
attorney conference; begin review of discovery drafted by Mike Bernier; confer with
Mike Bernier and Brad Moody re KLLM's initial disclosures and need to secure
5/4/2012 Frost, Cable $638.00 2.2 $290.00 electronic information
Draft Rule 16.1(a) case management conference confidential memorandum to
5/4/2012 Bernier, Michael $122.50 0.5 $245.00 magistrate judge
Draft and revise Rule 16.1(a) case management conference confidential memorandum
5/7/2012 Bernier, Michael $637.00 2.6 $245.00 to magistrate judge
Continue work on draft discovery, Confidential Settlement Memorandum and Case
Management Order due next week; telephonic conference with Jim Richards re JBS'
request to participate in third-party mediation; confer with counsel for JBS re KLLM's
willingness to participate in third-party mediation and split costs, recommend Bobby
Dallas as mediator; begin process of reviewing electronic reports and assessments of
5/8/2012 Frost, Cable $1,044.00 3.6 $290.00 KLLM's performance under the Dedicated Services Agreement
5/8/2012 Moody, Brad C. $122.50 0.5 $245.00 Conference to discuss discovery strategy and other pre-discovery issues
Conference with Cable Frost regarding mediation and mediator selection; Discussion
5/8/2012 Yarborough, Richar $145.00 0.5 $290.00 status of case
Draft and revise Rule 16.1(a) case management conference confidential memorandum
to magistrate judge (2.); review emails and documents in preparation for iniitial
5/8/2012 Bernier, Michael $833.00 3.4 $245.00 disclosures (1.4)
Begin analysis of KLLM's damages calculation; review sup sorting materials provided by
Terr Thornton confer with Brad Moddy re
5/9/2012 Frost, Cable $638.00 2.2 $290.00
Continue work on discovery requests, Confidential Memorandum to court and
5/11/2012 Frost, Cable $580.00 2 $290.00 updated damages analysis
Work on Case Management Order and Confidential Settlement Memorandum to be
presented to Judge Anderson; confer with Brad Moody and Mike Bernier re damages
and discovery issues; begin work on initial disclosures to be submitted to Judge; confer
with counsel for JBS re discovery deadlines and possibilities of mediation; draft email
correspondence to counsel for JBS re KLLM's unwillingness to stay discovery pending
5/14/2012 Frost, Cable $1,102.00 3.8 $290.00 mediation
5/14/2012 Moody, Brad C. $73.50 0.3 $245.00 Revise and edit proposed case management order
Provide final revisions/edits to Confidential Settlement Memorandum and Case
Management Order to be presented to Judge; contact mediator's assistant to discuss
availability of dates and timing of mediation position papers; confer with counsel for
5/15/2012 Frost, Cable $638.00 2.2 $290.00 JBS re same
5/15/2012 Kennedy, Steve $1,218.00 4.2 $290.00 Final review and approve confidential memo to court in JBS case
Revise Rule 16.1(a) case management conference confidential memorandum to
5/15/2012 Bernier, Michael $245.00 1 $245.00 magistrate judge
Confer with counsel for JBS re mediation and timing of discovery; send email
correspondence to counsel for JBS re-urging KLLM's position of not delaying case
pending mediation; contact mediation assistant in order to discern materials to be
providedto Bobby Dallas; gather and provide requested materials to Bobby Dallas for
his preparation of serving as mediator; review and execute mediation agreements;
conference call with Jim Richards to discuss upcoming need for documents and
damages figuresin order to satisfy initial disclosure requirements under federal rules;
review available documents and email correspondence in order to begin process of
5/16/2012 Frost, Cable $1,160.00 4 $290.00 identifying witnesses and other documents to be disclosed
Correspond with defense counsel re proposed case management order; revise case
5/16/2012 Moody, Brad C. $196.00 0.8 $245.00 management order; correspond with court re case management conference
Confer with Bobby Dallas re earlier start time for mediation; confer with Mike Bernieri
arid RekTMoody re damages calculations, categories of damages and need for
additional documentation; confer with Terry Thornton re need for additional damages
information and backup documents; conference with Miker re
confer with counsel for JBS re KLLM's damages calculations
and documents shared to date; confer with counsel for JBS re process for pulling
5/17/2012 Frost, Cable $870.00 3 $290.00 electronic documents for purposes of initial disclosures
Review of settlement position letter submitted to Magistrate and related case
5/17/2012 Yarborough, Richat $145.00 0.5 $290.00 documents
5/17/2012 Bernier, Michael $441.00 1.8 $245.00 Review and analyze initial disclosure materials
Review and analyze documents related to damages to prepare for damage
5/18/2012 Bernier, Michael $343.00 1.4 $245.00 computation of initial disclosure
Work with C. Frost regarding upcoming mediation and arrangements for same;
5/21/2012 Craft, Julie $48.00 0.4 $120.00 Calendar mediation and associated deadlines
Review and analyze documents and information related to KLLM's claim for damages
5/21/2012 Bernier, Michael $392.00 1.6 $245.00 (1.2); phone calls to Terry Thornton and Andy Morris regarding May 23, meetings (0.4)
Confer with Mike Bernier and Brad Moody re KLLM's initial disclosure obligations;
review emails and documents exchanged between KLLM and JBS re alleged service
issues and damages; review previous damages calculations and back-up provided by
Terry Thornton; confer with M. Bernier r-discovery issues; prepare for upcoming
5/22/2012 Frost, Cable $1,392.00 4.8 $290.00 CMC with Judge Anderson; confer with counsel for JBS re same
5/22/2012 Bernier, Michael $147.00 0.6 $245.00 Review damages materials as part of initial disclosure
Prepare for and participate in case management conference with Judge Anderson and
5/23/2012 Frost, Cable $928.00 3.2 $290.00 counsel for JBS; continue work on discovery and initial disclosure obligations
Travel to and from KLLM to meet with Andy Morris, to discuss and analyze electronic
5/23/2012 Bernier, Michael $1,347.50 5.5 $245.00 stored information, and Terry Thornton, to discuss damages,
Continue work in disclosure/e-discovery issues; continue analysis and comment on
5/24/2012 Frost, Cable $1,247.00 4.3 $290.00 damage calculations and back-up materials previously provided by Terry Thornton
5/24/2012 Bernier, Michael $269.50 1.1 $245.00 Review damage related documents sent by Terry Thornton for initial disclosure
Conference with counsel for KBS re disclosure and e-discovery issues; confer with Brad
Moody and Mike Bernier re same; consult with internal IT staff re volume of materials
5/25/2012 Frost, Cable $899.00 3.1 $290.00 to be processed received from KLLM
Conferences with technology group re extracting relevant e-mails; telephone
conferences with Andy Mozingo re extracting e-mails; prepare protocol for Andy
5/25/2012 Moody, Brad C. $367.50 1.5 $245.00 Mozingo
Review and analyze electronic data and make arrangements for ESI recovery as part of
5/25/2012 Bernier, Michael $392.00 1.6 $245.00 Initial disclosure
5/28/2012 Bernier, Michael $49.00 0.2 $245.00 Revise Initial Disclosure
Review KLLM's financial calculations and backup documents; discuss same with Brad
Moody and Brad Bernier; review electronic correspondence and emails from internal
KLLM personnel responding to complaints re performance under the Dedicated
Services Agreement; confer with Mike Bernier re conversations with Brandon Woods;
draft additional questions to discuss with KLLM and Brandon Woods; confer with Bract
Moody re Andy Mozingo's work with emails pulled by KLLM; continue preparations for
5/29/2012 Frost, Cable $1,827.00 6.3 $290.00 upcoming initial disclosures
5/29/2012 Kennedy, Steve $116.00 0.4 $290.00 Work regarding e-mail searches and confer with T. Thornton regarding same
Revise and edit initial disclosures; review damages documents; telephone conference
with Andy Mozingo re electronic discovery project; draft memo to Andy Mozingo
5/29/2012 Moody, Brad C. $637.00 2.6 $245.00 outlining searches for culling e-mails
Analyze and update attorney notebooks, calendar re trial date and other deadlines
5/29/2012 Craft, Julie $72.00 0.6 $120.00 included in Case Management Order entered by Judge
Phone conversations with Brandon Woods regarding service processes and procedures
5/29/2012 Bernier, Michael $808.50 3.3 $245.00 (0.9); review and analyze documents and materials for initial disclosure (2.4)
Continue work on all aspects of initial disclosures including email correspondence,
backup documents and reports documenting performance under the Dedicated
Service Agreement; confer with KLLM personnel re documents and calculations to be
included in initial disclosures; confer with Brad Moody and Mike Bernier additional
questions to ask KLLM employees; begin revisions to discovery to be propounded in
5/30/2012 Frost, Cable $2,088.00 7.2 $290.00 light of information learned during course of initial disclosures
Correspond with defense counsel re document production issues; correspond with
Andy Mozingoiroduction issues; analyze damages spreadsheet from Terry
Thornton; telephone conference with Terry Thornton re damages spreadsheet;
continue drafting and revising damages calculations for initial disclosures;
correspond with Terry Thornton re damages calculations; review e-mails of Brandon
Woods to identify additional documents for production; review powerpoint
5/30/2012 Moody, Brad C. $1,886.50 7.7 $245.00 presentation given by Bill Hahn to identify slides to include in initial production
Analyze and update attorney notebooks re Information for Terry Thornton Witness
5/30/2012 Craft, Julie $24.00 0.2 $120.00 File
Analyze and update attorney notebooks re recent documents; Conference with S.
5/30/2012 Craft, Julie $24.00 0.2 $120.00 Kennedy and Mbdrough re status, related tasks,
Review and analyze documents and materials for initial disclosure (3.7); phone
conversations and exchange of emails with Terry Thornton and Brandon Woods
5/30/2012 Bernier, Michael $1,151.50 4,7 $245.00 regarding initial disclosure (1.0)
Receive and review updated damages calculations and backup documents supporting
KLLM's claim damages; review backup documents and other materials supporting each
category of KLLM's damages; review PowerPoints and emails correspondence shared
with JBS during the course of KLLM's performance under the Dedicated Services
Agreement; review finalized damage calculations and initial disclosures document to
be filed with Court; receive and review JBS' initial disclosures; confer with Steve
Kennedy re content of same; begin review of certain documents associated with JBS'
initial disclosures; confer with Steve Kennedy re email correspondence and
negotiations surrounding initial settlement agreement containing Paragraph V
5/31/2012 Frost, Cable $1,972.00 6.8 $290.00 language re continuation of Schedule A
Update on status of document production; review initial disclosures of KLLM, review
initial disclosures and privilege log filed by JBS; compile e-mails with JBS regarding
5/31/2012 Kennedy, Steve $522.00 1.8 $290.00 negotiation/settlement agreement
Continue drafting and revising damages calculations for initial disclosures; identify and
correct issues with documents to be produced; review documents supporting
damages calculations received from Terry Thornton; continue reviewing documents
for production; draft/revise spreadsheets for production; address electronic discovery
5/31/2012 Moody, Brad C. $1,372.00 5.6 $245.00 issues
5/31/2012 Craft, Julie $12.00 0.1 $120.00 Prepare check requisition for Global CFI (computer analysis)
Analyze and Bates Number documents for production; Prepare Notice of Service of
Initial Disclosures; Electronically submit to Court; Finalize KLLM's Initial Disclosure;
Correspondence to all counsel forwarding disclosures; Create discs of documents
produced;'Analyze and update attorney notebooks re JBS Carrier's Notice of Service of
Privilege Log, Privilege Log, Notice of Service of Initial Disclosures and Initial
5/31/2012 Craft, Julie $420.00 3.5 $120.00 Disclosures
5/31/2012 Bernier, Michael $1,445.50 5.9 $245.00 Review and analyze documents and materials and prepare initial disclosure
6/1/2012 Frost, Cable $1,508.00 5.2 $290.00 Continue review of JBS' initial disclosures and documents provided with same
Analyze JBS Carriers' initial disclosures; draft memo outlining key issues identified from
initial disclosures; begin reviewing voluminous document production from JBS
6/1/2012 Moody, Brad C. $1,347.50 5.5 $245.00 Carriers; correspond with defense counsel re issues with their document production
Initial analysis of JBS Carriers' documents produced with initial disclosures (JC000001
through JC000720) and forward same to attorneys for review; Update regarding
6/1/2012 Craft, Julie $120.00 1 $120.00 explanation of missing documents JC000059-000072.
6/4/2012 Frost, Cable $696.00 2.4 $290.00 Begin review of documentation of service and claims issues provided by JBS/Pilgrams
6/4/2012 Moody, Brad C. $759.50 3.1 $245.00 Continue reviewing voluminous document production for JB5 Carriers
6/4/2012 Craft, Julie $36.00 0.3 $120.00 Correspondence to Global CFI re forensic computer analysis
Prepare attorney notebooks of documents produced by JBS Carriers and begin
6/4/2012 Craft, Julie $300.00 2.5 $120.00 itemization of same
Review and analyze Settlement Agreement, Schedule A, and Transportation
6/4/2012 Bernier, Michael $122.50 0.5 $245.00 Agreement to ascertain KLLM's contractual duty to perform Schedule A
Continue review of emails and spreadsheets detailing accounts of service issues and
other complaints with regard to KLLM's performance under the Dedicated Services
6/5/2012 Frost, Cable $1,508.00 5.2 $290.00 Agreement
6/5/2012 Moody, Brad C. 573.50 0.3 $245.00 Correspond with client re initial disclosures and document issues
6/5/2012 Craft, Julie $240.00 2 $120.00 Prepare Production Log and itemize documents produced by KLLM to date
6/5/2012 Bernier, Michael $367.50 1.5 $245.00 Conduct research regarding modifications of contract and result of conflicting terms
Continue review of claims and emails regarding KLLMs performance under the
6/6/2012 Frost, Cable $696.00 2.4 $290.00 Dedicated Service Agreement and Pilgram's dissatisfaction with same
Continue review of initial disclosure documents regarding Pilgram's complaints of
6/7/2012 Frost, Cable $1,247.00 4.3 $290.00 KLLM's performance under the Dedicated Services Agreement
6/7/2012 Yarborough, Richar $100.00 0.5 $200.00 Review of disclosures filed by parties to action
Continue review of initial disclosure documents regarding Pilgram's complaints of
6/8/2012 Frost, Cable $1,334.00 4.6 $290.00 KLLM's performance under the Dedicated Services Agreement
Prepare for and participate in conference call with counsel for JBS to discuss ESI issues;
confer with Brad Moody re financial expert; continue review of KLLM's damages
calculations and supporting documents as compared to the underlying contract
6/11/2012 Frost, Cable $986.00 3.4 $290.00 and Dedicated Services Agreement
Continue evaluation of KLLM's damages as compared to terms in underlying
agreement and Dedicated Services Agreement; review additional emails provided by
JBS allegedly detailing service issues with KLLM's performance under the Dedicated
6/12/2012 Frost, Cable $928.00 3.2 $290.00 Services Agreement
Conference call with counsel for JBS to confirm agreement on ESI issues and to discuss
upcoming arbitration;confer with Mike Berger re research and motion to seek
summary judgment based on absence of termination clause in Schedule A and the
6/13/2012 Frost, Cable $638.00 2.2 $290.00 Settlement Agreement; continue review of documents produced by JBS
Follow-up call with counsel for JBS re list of complaints and detailed instances of
claims denied by KLLM; continue review of documents produced by JBS; begin
research re the participation of counsel in the negotiation of a settlement agreement
6/14/2012 Frost, Cable $522.00 1.8 $290.00 only to be later identified as fact witnesses
6/14/2012 Bernier, Michael $122.50 0.5 $245.00 Conduct research regarding contract modification
Telephone conference with Brandon Woods re e-mails produced by JBS Carriers;
6/15/2012 Moody, Brad C. $122.50 0.5 $245.00 correspond with Brandon Woods re same
6/15/2012 Bernier, Michael $49.00 0.2 $245.00 Review and analyze contractual agreements for summary judgment
6/18/2012 Craft, Julie $360.00 3 $120.00 Continue to work on itemization of documents produced by JBS Carriers
Confer with damages expert re initial opinions in case; continue review of documents
provided by Pilgrim's/JBS; receive and begin review of Brandon Wood's explanation of
6/19/2012 Frost, Cable $1,102.00 3.8 $290.00 certain documents provided for review
6/19/2012 Yarborough, Richar 5145.00 0.5 $290.00 Review of documents forwarded by JBS in defense of claim
Review KLLM's damages calculations and supporting documents in preparation for
conference with expert witness; begin draft of additional discovery aimed at
incorporating issues identified during initial disclosures; evaluate
6/20/2012 Frost, Cable $1,073.00 3.7 $290.00 [REDACTED\]confer with Steve Kennedy re KLLM's claims in this matter
Telephone conference with Dr. Carl Brooking to provide overview of case; identify and
review documents to provide to Dr. Brooking; telephone conference with Terry
6/21/2012 Moody, Brad C. $294.00 1.2 $245.00 Thornton to discuss using Dr. Brooking over Horne CPA
6/21/2012 Bernier, Michael $196.00 0.8 $245.00 Conduct research regarding contract modification
6/25/2012 Moody, Brad C. $98.00 0.4 $245.00 Telephone conference with Dr. Carl Brooking re opinions of damages calculations
Prepare index of documents produced to experts and add documents recently to C.
6/25/2012 Craft, Julie $60.00 0.5 $120.00 Brooking
6/25/2012 Craft, Julie $12.00 0.1 $120.00 Conference re expert retention and related tasks
Conduct research regarding contract modification and standard of review for Plaintiff's
6/25/2012 Bernier, Michael $441.00 1.8 $245.00 summary judgment
6/26/2012 Moody, Brad C. $73.50 0.3 $245.00 Address issues with damages calculations
Conference with Brad moody re KLLM service records and upcoming mediation with
6/26/2012 Yarborough, Richar $145.00 0.5 $290.00 Bobby Dallas; Review documents
6/26/2012 Bernier, Michael $49.00 0.2 $245.00 Draft Memorandum in Support of Motion for Summary Judgment
Prepare for and participate in call with counsel for 1135 to discuss upcoming arbitration
6/27/2012 Frost, Cable $638.00 2.2 $290.00 as well as damages and document issues
Review documents produced by JBS in response to certain issues raised on call with
6/27/2012 Frost, Cable $812.00 2.8 $290.00 counsel for JBS
6/27/2012 Kennedy, Steve $87.00 0.3 $290.00 Review court's scheduling order and calendar dates
Telephone conference with Dr. Brooking re damages calculations; begin drafting
mediation statement; telephone conference with Terry Thornton re meeting to discuss
damages calculations; review case law on contract construction; correspond with
6/27/2012 Moody, Brad C. $980.00 4 $245.00 Terry Thornton re documents needed before mediation
Prepare for and participate in conference with Jim Richards, Terry Thornton and Dr.
Carl Brooking to discuss KLLM's damages calculations as well as upcoming mediation;
work with Dr. Brooking re certain categories of KLLM's damages; review damages'
spreadsheet and categories provided by Terry Thornton in order to discuss claims with
6/28/2012 Frost, Cable $1,247.00 4.3 $290.00 Carl Brooking
Review damages information to prepare for meeting with Terry Thornton; participate
in strategy meeting with Terry Thornton, Jim Richards, Dr. Carl Brooking and Cable
6/28/2012 Moody, Brad C. $1,494.50 6.1 $245.00 Frost; continue drafting and revising mediation statement
Revise/edit mediation statement to be submitted to Bobby Dallas; confer with Carl
Brooking re updated calculation of KLLM's damages; confer with Brad Moody re need
6/29/2012 Frost, Cable $899.00 3.1 $290.00 to obtain additional information to provide to IBS in advance of the mediation
Continue working on mediation statement; review letter opinion from Dr. Carl
6/29/2012 Moody, Brad C. $490.00 2 $245.00 Brooking
Analyze and update attorney notebooks re recent communications, documents and
correspondence received; Conference with S. Kennedy and R. Yarborough re status
and related tasks; Assist in preparation of mediation statement and additional
6/29/2012 Craft, Julie $60.00 0.5 $120.00 documents tobe produced.
Work on obtaining documents to be produced, prepare documents for production,
bates label documents produced, and incorporate documents into attorneys discovery
6/29/2012 Summers, Melissa $132.00 1.1 $120.00 notebook
Prepare for and participate in call with counsel for JBS to discuss upcoming arbitration
7/2/2012 Frost, Cable $319.86 1.8 $177.70 and damages calculation issues
7/2/2012 Kennedy, Steve $124.39 0.7 $177.70 Review mediation statement and prepare for mediation
Review of KLLM mediation statement; Conference with Brad Moody re same; Review
7/2/2012 Yarborough, Richar $177.70 1 $177.70 of damages calculation forwarded by Cable Frost
7/2/2012 Bernier, Michael $60.05 0.4 $150.13 Draft Motion for Summary Judgment
Receive and review information provided by KLLM personnel re claims negotiations as
well as alleged service issues; begin preparation for arbitration; continue review of
7/3/2012 Frost, Cable $639.72 3.6 $177.70 emails and claims summaries
Analyze Brandon Woods' memo with responses to PPC's criticisms of KLLM's service
levels; correspond with Brandon Woods re additional claims; review additional
7/3/2012 Moody, Brad C. $600.51 4 $150.13 documentation and evaluate whether to produce in advance of mediation
7/4/2012 Bernier, Michael $225.19 1.5 $150.13 Draft Memorandum in Support of Motion for Summary Judgment
Prepare for and participate in conference call with KLLM personnel to prepare for
arbitration; continue preparation for arbitration through analysis of emails and claims
summaries; re-read Complaint position statements and damages documents in
orderto address questions potentially posed by mediator; confer With Brad Moody re
same; receive and review summary from Brandon Woods of certain alleged service
7/5/2012 Frost, Cable $550.87 3.1 $177.70 issues
Conference call with J. Richards and T. Thornton in preparation for mediation and
7/5/2012 Kennedy, Steve $142.16 0.8 $177.70 prepare for mediation
Analyze claims materials provided by Bill Hahn and compare with JBS Carriers'
7/5/2012 Moody, Brad C. $75.06 0.5 $150.12 arguments re poor performance
Conduct research regarding contract modifications and the effect on inconsistent
7/5/2012 Bernier, Michael $540.46 3.6 $150.13 terms; draft Memorandum in Support of Motion for Summary Judgment
7/6/2012 Frost, Cable $764.12 4.3 $177.70 Prepare for and participate in mediation with KLLM personnel and Steve Kennedy
7/6/2012 Kennedy, Steve $835.20 4.7 $177.70 Attend mediation with Jim and Terry; follow-up phone call with JBS counsel
7/6/2012 Bernier, Michael $60.05 0.4 $150.13 Draft Memorandum in Support of Motion for Summary Judgment
7/9/2012 Yarborough, Richar $88.85 0.5 $177.70 Conference with S. Kennedy regarding developments during mediation
Receive and review correspondence from Bill Hahn re additional information
concerning alleged service issues by JBS; confer with Brad Moody re revisions to
dry and need to serve given lack of progress made in mediation; begin review of
additional JBS documents in order to formulate a discovery plan; confer with Steve
7/10/2012 Frost, Cable $479.79 2.7 $177.70 Kennedy re status of case moving forward based on mediation
7/10/2012 Moody, Brad C. $45.04 0.3 $150.13 Correspond with Bill Hahn re discovery issues
Review of communication from B. Hahn; Conference with C. Frost re case status;
7/10/2012 Yarborough, Richar $124.39 0.7 $177.70 Review additional documentation
7/10/2012 Craft, Julie $14.71 0.2 $73.55 Prepare check requisition for Sessums, Dallas & Morrison
7/10/2012 Craft, Julie $7.35 0.1 $73.50 Analyze and update attorney notebooks re correspondence from mediator
7/11/2012 Moody, Brad C. $375.32 2.5 $150.13 Revise and edit written discovery requests
Revise/edit discovery in order to target certain documents in possession of JBS and
flesh out specifics of service claims; confer with Brad Moody re same; search
7/12/2012 Frost, Cable $462.02 2.6 $177.70 information provided by JBS for correspondence and actions of Mark Norman
7/12/2012 Moody, Brad C. $105.09 0.7 $150.13 Revise and finalize discovery requests to serve on JBS Carriers
7/12/2012 Craft, Julie $14.71 0.2 $73.55 Correspondence to Sessum Dallas re mediation services
Analyze and update attorney calendar re deadline for JBS Carriers to respond to
7/16/2012 Craft, Julie $14.71 0.2 $73.55 KLLM's discovery requests
7/17/2012 Frost, Cable $213.24 1.2 $177.70 Receive and review certain documents provided by Bill Hahn re claims by Pilgrim's
7/17/2012 Yarborough, Richar $88.85 0.5 $177.70 Review of internal emails forwarded by Bill Hahn
Draft and revise Rule 16.1(a) case management conference confidential memorandum
to magistrate judge (2.); review emails and documents in preparation for iniitial
5/8/2012 Bernier, Michael $833.00 3.4 $245.00 disclosures (1.4)
Begin analysis of KLLM's damages calculation; review sup sorting materials provided by
Terr Thornton confer with Brad Moddy re
5/9/2012 Frost, Cable $638.00 2.2 $290.00
Continue work on discovery requests, Confidential Memorandum to court and
5/11/2012 Frost, Cable $580.00 2 $290.00 updated damages analysis
Work on Case Management Order and Confidential Settlement Memorandum to be
presented to Judge Anderson; confer with Brad Moody and Mike Bernier re damages
and discovery issues; begin work on initial disclosures to be submitted to Judge; confer
with counsel for JBS re discovery deadlines and possibilities of mediation; draft email
correspondence to counsel for JBS re KLLM's unwillingness to stay discovery pending
5/14/2012 Frost, Cable $1,102.00 3.8 $290.00 mediation
5/14/2012 Moody, Brad C. $73.50 0.3 $245.00 Revise and edit proposed case management order
Provide final revisions/edits to Confidential Settlement Memorandum and Case
Management Order to be presented to Judge; contact mediator's assistant to discuss
availability of dates and timing of mediation position papers; confer with counsel for
5/15/2012 Frost, Cable $638.00 2.2 $290.00 JBS re same
5/15/2012 Kennedy, Steve $1,218.00 4.2 $290.00 Final review and approve confidential memo to court in JBS case
Revise Rule 16.1(a) case management conference confidential memorandum to
5/15/2012 Bernier, Michael $245.00 1 $245.00 magistrate judge
Confer with counsel for JBS re mediation and timing of discovery; send email
correspondence to counsel for JBS re-urging KLLM's position of not delaying case
pending mediation; contact mediation assistant in order to discern materials to be
providedto Bobby Dallas; gather and provide requested materials to Bobby Dallas for
his preparation of serving as mediator; review and execute mediation agreements;
conference call with Jim Richards to discuss upcoming need for documents and
damages figuresin order to satisfy initial disclosure requirements under federal rules;
review available documents and email correspondence in order to begin process of
5/16/2012 Frost, Cable $1,160.00 4 $290.00 identifying witnesses and other documents to be disclosed
Correspond with defense counsel re proposed case management order; revise case
5/16/2012 Moody, Brad C. $196.00 0.8 $245.00 management order; correspond with court re case management conference
Confer with Bobby Dallas re earlier start time for mediation; confer with Mike Bernieri
arid RekTMoody re damages calculations, categories of damages and need for
additional documentation; confer with Terry Thornton re need for additional damages
information and backup documents; conference with Miker re
confer with counsel for JBS re KLLM's damages calculations
and documents shared to date; confer with counsel for JBS re process for pulling
5/17/2012 Frost, Cable $870.00 3 $290.00 electronic documents for purposes of initial disclosures
Review of settlement position letter submitted to Magistrate and related case
5/17/2012 Yarborough, Richat $145.00 0.5 $290.00 documents
5/17/2012 Bernier, Michael $441.00 1.8 $245.00 Review and analyze initial disclosure materials
Review and analyze documents related to damages to prepare for damage
5/18/2012 Bernier, Michael $343.00 1.4 $245.00 computation of initial disclosure
Work with C. Frost regarding upcoming mediation and arrangements for same;
5/21/2012 Craft, Julie $48.00 0.4 $120.00 Calendar mediation and associated deadlines
Review and analyze documents and information related to KLLM's claim for damages
5/21/2012 Bernier, Michael $392.00 1.6 $245.00 (1.2); phone calls to Terry Thornton and Andy Morris regarding May 23, meetings (0.4)
Confer with Mike Bernier and Brad Moody re KLLM's initial disclosure obligations;
review emails and documents exchanged between KLLM and JBS re alleged service
issues and damages; review previous damages calculations and back-up provided by
Terry Thornton; confer with M. Bernier r-discovery issues; prepare for upcoming
5/22/2012 Frost, Cable $1,392.00 4.8 $290.00 CMC with Judge Anderson; confer with counsel for JBS re same
5/22/2012 Bernier, Michael $147.00 0.6 $245.00 Review damages materials as part of initial disclosure
Prepare for and participate in case management conference with Judge Anderson and
5/23/2012 Frost, Cable $928.00 3.2 $290.00 counsel for JBS; continue work on discovery and initial disclosure obligations
Travel to and from KLLM to meet with Andy Morris, to discuss and analyze electronic
5/23/2012 Bernier, Michael $1,347.50 5.5 $245.00 stored information, and Terry Thornton, to discuss damages,
Continue work in disclosure/e-discovery issues; continue analysis and comment on
5/24/2012 Frost, Cable $1,247.00 4.3 $290.00 damage calculations and back-up materials previously provided by Terry Thornton
5/24/2012 Bernier, Michael $269.50 1.1 $245.00 Review damage related documents sent by Terry Thornton for initial disclosure
Conference with counsel for KBS re disclosure and e-discovery issues; confer with Brad
Moody and Mike Bernier re same; consult with internal IT staff re volume of materials
5/25/2012 Frost, Cable $899.00 3.1 $290.00 to be processed received from KLLM
Conferences with technology group re extracting relevant e-mails; telephone
conferences with Andy Mozingo re extracting e-mails; prepare protocol for Andy
5/25/2012 Moody, Brad C. $367.50 1.5 $245.00 Mozingo
Review and analyze electronic data and make arrangements for ESI recovery as part of
5/25/2012 Bernier, Michael $392.00 1.6 $245.00 Initial disclosure
5/28/2012 Bernier, Michael $49.00 0.2 $245.00 Revise Initial Disclosure
Review KLLM's financial calculations and backup documents; discuss same with Brad
Moody and Brad Bernier; review electronic correspondence and emails from internal
KLLM personnel responding to complaints re performance under the Dedicated
Services Agreement; confer with Mike Bernier re conversations with Brandon Woods;
draft additional questions to discuss with KLLM and Brandon Woods; confer with Bract
Moody re Andy Mozingo's work with emails pulled by KLLM; continue preparations for
5/29/2012 Frost, Cable $1,827.00 6.3 $290.00 upcoming initial disclosures
5/29/2012 Kennedy, Steve $116.00 0.4 $290.00 Work regarding e-mail searches and confer with T. Thornton regarding same
Revise and edit initial disclosures; review damages documents; telephone conference
with Andy Mozingo re electronic discovery project; draft memo to Andy Mozingo
5/29/2012 Moody, Brad C. $637.00 2.6 $245.00 outlining searches for culling e-mails
Analyze and update attorney notebooks, calendar re trial date and other deadlines
5/29/2012 Craft, Julie $72.00 0.6 $120.00 included in Case Management Order entered by Judge
Phone conversations with Brandon Woods regarding service processes and procedures
5/29/2012 Bernier, Michael $808.50 3.3 $245.00 (0.9); review and analyze documents and materials for initial disclosure (2.4)
Continue work on all aspects of initial disclosures including email correspondence,
backup documents and reports documenting performance under the Dedicated
Service Agreement; confer with KLLM personnel re documents and calculations to be
included in initial disclosures; confer with Brad Moody and Mike Bernier additional
questions to ask KLLM employees; begin revisions to discovery to be propounded in
5/30/2012 Frost, Cable $2,088.00 7.2 $290.00 light of information learned during course of initial disclosures
Correspond with defense counsel re document production issues; correspond with
Andy Mozingoiroduction issues; analyze damages spreadsheet from Terry
Thornton; telephone conference with Terry Thornton re damages spreadsheet;
continue drafting and revising damages calculations for initial disclosures;
correspond with Terry Thornton re damages calculations; review e-mails of Brandon
Woods to identify additional documents for production; review powerpoint
5/30/2012 Moody, Brad C. $1,886.50 7.7 $245.00 presentation given by Bill Hahn to identify slides to include in initial production
Analyze and update attorney notebooks re Information for Terry Thornton Witness
5/30/2012 Craft, Julie $24.00 0.2 $120.00 File
Analyze and update attorney notebooks re recent documents; Conference with S.
5/30/2012 Craft, Julie $24.00 0.2 $120.00 Kennedy and Mbdrough re status, related tasks,
Review and analyze documents and materials for initial disclosure (3.7); phone
conversations and exchange of emails with Terry Thornton and Brandon Woods
5/30/2012 Bernier, Michael $1,151.50 4,7 $245.00 regarding initial disclosure (1.0)
Receive and review updated damages calculations and backup documents supporting
KLLM's claim damages; review backup documents and other materials supporting each
category of KLLM's damages; review PowerPoints and emails correspondence shared
with JBS during the course of KLLM's performance under the Dedicated Services
Agreement; review finalized damage calculations and initial disclosures document to
be filed with Court; receive and review JBS' initial disclosures; confer with Steve
Kennedy re content of same; begin review of certain documents associated with JBS'
initial disclosures; confer with Steve Kennedy re email correspondence and
negotiations surrounding initial settlement agreement containing Paragraph V
5/31/2012 Frost, Cable $1,972.00 6.8 $290.00 language re continuation of Schedule A
Update on status of document production; review initial disclosures of KLLM, review
initial disclosures and privilege log filed by JBS; compile e-mails with JBS regarding
5/31/2012 Kennedy, Steve $522.00 1.8 $290.00 negotiation/settlement agreement
Continue drafting and revising damages calculations for initial disclosures; identify and
correct issues with documents to be produced; review documents supporting
damages calculations received from Terry Thornton; continue reviewing documents
for production; draft/revise spreadsheets for production; address electronic discovery
5/31/2012 Moody, Brad C. $1,372.00 5.6 $245.00 issues
5/31/2012 Craft, Julie $12.00 0.1 $120.00 Prepare check requisition for Global CFI (computer analysis)
Analyze and Bates Number documents for production; Prepare Notice of Service of
Initial Disclosures; Electronically submit to Court; Finalize KLLM's Initial Disclosure;
Correspondence to all counsel forwarding disclosures; Create discs of documents
produced;'Analyze and update attorney notebooks re JBS Carrier's Notice of Service of
Privilege Log, Privilege Log, Notice of Service of Initial Disclosures and Initial
5/31/2012 Craft, Julie $420.00 3.5 $120.00 Disclosures
5/31/2012 Bernier, Michael $1,445.50 5.9 $245.00 Review and analyze documents and materials and prepare initial disclosure
6/1/2012 Frost, Cable $1,508.00 5.2 $290.00 Continue review of JBS' initial disclosures and documents provided with same
Analyze JBS Carriers' initial disclosures; draft memo outlining key issues identified from
initial disclosures; begin reviewing voluminous document production from JBS
6/1/2012 Moody, Brad C. $1,347.50 5.5 $245.00 Carriers; correspond with defense counsel re issues with their document production
Complete review of file materials in order to identify issues necessary to formulate ESI
discovery plan and conduct telephonic conference with counsel for JBS/PPC; receive
and begin review of proposed protective order from counsel for JBS governing
electronic production and use of other materials; confer with Brad Moody re
protective order and need to examine possibility of creating different categories of
documents to limit distribution and use; confer with counsel for JBS re discovery
requests targeted at PPC documents and JBS' claims of inaccessibility; briefly conduct
8/10/2012 Frost, Cable $667.00 2.3 $290.00 legal research re "under control" of a party for purposes of discovery
Correspond with Terry Thornton re discovery issues; draft/revise list of search terms
8/10/2012 Moody, Brad C. $833.00 3.4 $245.00 for electronic discovery; review proposed protective order received from JBS Carriers
Review and analyze documents produced by JBS (3.8); review and analyze JBS Carriers'
Proposed Protective Order (0.2); revise search custodians for electronic discovery
8/10/2012 Bernier, Michael $1,151.50 4.7 $245.00 protocol (0.7)
Prepare for upcoming call with counsel for JBS including review of all available
materials in order to identify custodians, applicable date ranges and search terms to
be used in ESI discovery; confer with Mike Bernier and Brad Moody re custodians,
identified in correspondence from internal JBS counsel as well as individuals included
in privilege log; receive and review Protective Order proposed by JBS to govern use of
materials in case; begin work on themes and evidence to support same; review
documents [REDACTED\]
8/13/2012 Frost, Cable $638.00 2.2 $290.00 confer with Mike Bernier re need to interview KLLM) employees re this theme
Analyze case law to evaluate merits of motion to compel JBS to produce documents
8/13/2012 Moody, Brad C. $833.00 3.4 $245.00 held by Pilgrim's Pride; continue working on electronic discovery issues
8/13/2012 Craft, Julie $24.00 0.2 $120.00 Analyze JBS Carriers' documents produced, combine for review by attorneys
Conduct research regarding accessibility of documents of an affiliated company
through discovery (1.8); meet and confer with Cable Frost and Brad Moody regarding
ESI issues (1.5); review emails produced by JBS/Pilgrim's Pride to identify custodians
8/13/2012 Bernier, Michael $1,543.50 6.3 $245.00 for ESI (2.3); phone conversation with Brandon Woods (0.7);
Prepare for and participate in call with JBS attorneys to discuss ESI procedures,
Protective Order and other discovery issues in case; confer with Mike Bernier and Brad
Moody re tasks to be performed in light of call; begin review of emails identified
[REDACTED\]
8/14/2012 Frost, Cable $812.00 2.8 $290.00 [REDACTED\]
8/14/2012 Moody, Brad C. $98.00 0.4 $245.00 Correspond with Terry Thornton re details from conference call with counsel for JBS
Prepare for conference call with lawyers for JBS Carriers; participate in conference call
with JBS Carriers' lawyers re search terms for e-discovery projects; analyze proposed
search terms from JBS Carriers; telephone conferences with Andy Mozingo re issues
with search terms; telephone conferences with Gordon Moffat re search terms; edit
and revise proposed protective order; continue editing and revising protocol for e-discovery
8/14/2012 Moody, Brad C. $637.00 2.6 $245.00 project with Andy Mozingo
Conference with M. Bernier re tasks related to categorizing documents produced by
8/14/2012 Craft, Julie $12.00 0.1 $120.00 JBS Carriers
Review and analyze emails produced by JBS for preparing ESI collection parameters;
phone conversation with Monty Epps regarding Pilgrim's Pride contract and e-mail
custodians; create chart of email custodians for ESI; review and analyze JBS's proffered
search terms and custodians; confer with Cable Frost and Brad Moody regarding ESI
issues; conference call with JBS's counsel, Cable Frost, and Brad Moody regarding ESI
data collection parameters; draft updated ESI parameters and send same to
8/14/2012 Bernier, Michael $1,494.50 6.1 $245.00 JBS's counsel
Continue revisions to Protective Order to add additional layer of protection for
competitive/proprietary information prior to production of documents; receive and
begin review of JBS' response to KLLM's First Set of Request for Admissions; confer
with Steve Kennedy re contents of same; confer with Brad MON re ESI logistics and
8/15/2012 Frost, Cable $0.00 0 $0.00 volume of material to be reviewed
Telephone conference with Dr. Brooking re issues with damages; identify additional
issues for electronic discovery review and prepare for conference call with technology
experts; telephone conferences with Andy Mozingo re electronic discovery issues;
telephone conferences with in-house technology staff re issues with data for
electronic discovery; evaluate additional software tools to use for review purposes;
8/15/2012 Moody, Brad C. $1,396.50 5.7 $245.00 evaluate issues with contacting former high level Pilgrim's employee
8/15/2012 Craft, Julie $336.00 2.8 $120.00 Analyze and categorize JBS Carriers' document production
Analyze and update attorney notebooks re JBS Carriers' Notice of Service and
8/15/2012 Craft, Julie $36.00 0.3 $120.00 Responses to Requests for Admissions; Forward same to attorneys for review
Conduct research regarding propriety of ex parte contact with Lee Blackmon, Pilgrim's
8/15/2012 Bernier, Michael $1,053.50 4.3 $245.00 Pride's former employee
Review additional information provided by Bill Hahn re Moe Schroeter and others'
conversations re Pilgrim's termination of Schedule A and suspected desire to bring in-house;
review material re Lee Blackmon and assess need to interview in light of
suspected support of KLLM and irritation at Pilgrims based on circumstances of
8/16/2012 Frost, Cable $783.00 2.7 $290.00 termination
Review materials forwarded by Andy Mozingo re testing of ESI materials; telephone
conference with Mozingo re same; telephone conferences with Gordon Moffitt re ESI
issues; continue addressing electronic discovery issues to ensure appropriate protocols
8/16/2012 Moody, Brad C. $661.50 2.7 $245.00 are in place; review correspondence between KLLM and PPC re Schedule A from 2009
Phone conversation with Monty Epps regarding use and mechanics of KLLM's
dedicated email address (0.5); confer with Brad Moody regarding ESI issues related to
KLLM's dedicated email address (0.2); review emails and documents received from Bill
Hahn (1.5); research whether we can interview Lee Blackmon without consent of
8/16/2012 Bernier, Michael $906.50 3.7 $245.00 opposing counsel and draft memorandum regarding same (1.5)
Continue review of Blackmon/Schroeter documents; confer with Lyle Robinson re
witness issues as well as ESI issues; confer with Brad Moody re status of processing of
KLLM emails and predicted volume from vendor; review legal research assembled by
Mike Bernier re prohibitions of interviewing Blackmon; review additional materials
provided by Bill Hahn re internal KLLM communications of Moe Schroeter and others
8/17/2012 Frost, Cable $464.00 1.6 $290.00 re suspicions of termination of Schedule A
Review detailed analysis from Andy Mozingo re e-mail extraction projection; multiple
telephone conferences with Andy Mozingo re issues with electronic discovery;
continue working on protocol for electronic discovery; telephone conferences with
Gordon Moffit re electronic discovery issues; draft correspondence to Jim Richards
8/17/2012 Moody, Brad C. $661.50 2.7 $245.00 and Terry Thornton re status of electronic discovery process
Review analyzed emails related to Schedule A received form Bill Hahn (0.5); draft
memorandum concerning the propriety of conducting an ex parte interview with Lee
8/17/2012 Bernier, Michael $318.50 1.3 $245.00 Blackmon, former employee of Pilgrim's Pride (0.8)
8/18/2012 Moody, Brad C. $49.00 0.2 $245.00 Correspond with Andy Mozingo re e-discovery issues
8/19/2012 Moody, Brad C. $49.00 0.2 $245.00 Correspond with Andy Mozingo re status of processing of e-mails
Receive and review additional information provided by Bill Hahn re personnel and
8/20/2012 Frost, Cable $377.00 1.3 $290.00 pricing models.
Phone conversation with Andy Mozingo, third party vendor, regarding KLLM's email address dedicated to the Pilgrim's Pride contract and send follow-up email requesting 8/20/2012 Bernier, Michael $220.50 0.9 $245.00 test confirmation (0.6); review emails sent by Bill Hahn (0.3)
Confer with Brad Moody and Mike Bernier re status of KLLM's response to JBS's discovery requests; receive and review additional documents to support damages; confer with Brad Moody regarding categories of damages and need further 8/21/2012 Frost, Cable $348.00 1.2 $290.00 analysis; continue review of ESI issues.
Telephone conferences with Andy Mozingo to discuss next steps in e-discovery project; correspond with Andy Mozingo re search terms and custodians for project; telephone conferences with Gordon Moffat re details of e-discovery project to ensure 8/21/2012 Moody, Brad C. $318.50 1.3 $245.00 integrity of process
Meeting with Terry Thornton regarding documents needed for discovery production (3.7); review materials received from Terry Thornton and confer with Cable Frost and 8/21/2012 Bernier, Michael $1,176.00 4.8 $245.00 Brad Moody regarding same (1.1)
Continue work on damages calculations and materials supporting same; receive and review information regarding drivers hired by KLLM as well as idle tractors and trailers; confer with Brad Moody regarding ESI volume and cost associated with same; review available software and solutions for ESI discovery; prepare for and participate in conference call with counsel for JBS to discuss discovery and ESI issues; confer with Lyle Robinson re the likely scenario of an unmanageable group of emails in need to further refine ESI searches; confer with Brian Eberley re my request to produce reports 8/22/2012 Frost, Cable $522.00 1.8 $290.00 from JBS/PPC detailing late loads or those not picked up at all.
Phone conversation with Steve Szabo regarding H.R.-related issues (0.7); review 8/22/2012 Bernier, Michael $220.50 0.9 $245.00 pricing models from Bill Hahn (0.2)
Receive and review information from Steve Szabo re personnel, drivers, and equipment; additional phone call with Lyle Robinson and Brian Eberle to discuss electronic document issues as well as other discovery challenges; confer with Brad Moody, Terry Thornton, and Carl Brooking re damages in case and categories to explore; confer with ESI team to determine available avenues in software to assist in review of electronic materials; review JBS/PPC materials indicating PPC's tracking of 8/23/2012 Frost, Cable $638.00 2.2 $290.00 "late" loads.
Correspond with Andy Mozingo re results of e-mail extraction project for Monte Epps and Brandon Woods; telephone conference with Dr. Carl Brooking re issues with 8/23/2012 Moody, Brad C. $220.50 0.9 $245.00 damages; telephone conferences with Andy Mozingo re e-mail extraction project;
Review and analyze materials received from Terry Thornton and Steve Szabo for
discovery production (1.0); update discovery document checklist and send updated
request to Terry Thornton for materials we need (0.7); communications with ANdy
Mozingo, ESI vendor, regarding email extraction issues (0.5); review and analyze JBS
8/23/2012 Bernier, Michael $710.50 2.9 $245.00 Carriers' Responses to Interrogatories (0.7)
Review status of processing of electronically stored information from KLLM servers as
compared to custodians in such terms requested by JBS; confer with Brad Moody re
options to handle extreme volume of electronic information to be reviewed;
8/24/2012 Frost, Cable $0.00 0 $0.00 conferwith counsel for JBS re same.
Receive and begin review of JBS's responses to interrogatories and requests for
production; confer with Lyle Robinson re electronic documents issues; confer with
8/24/2012 Frost, Cable $522.00 1.8 $290.00 Brad Moody re follow-up on damages call.
Telephone conference with Dr. Brooking and Terry Thornton re damages; review JBS
8/24/2012 Moody, Brad C. $367.50 1.5 $245.00 Carriers' responses to written discovery requests
8/24/2012 Bernier, Michael $98.00 0.4 $245.00 Review and analyze documents for discovery production
Confer with Brad Moody re status of ESI discovery and charges and efforts to date by
Mr. Mozingo; draft email to counsel for JBS re ESI status as well as some
documentation indicating that JBS/Pilgrim's has the capabilities to determine late
loads and loads at issue for purposes of refining discovery; confer with Brad Moody
and Mike Bernier re drafting of search terms to narrow electronic document
population; begin work on Motion for Summary Judgment to determine issues prior to
8/27/2012 Frost, Cable $638.00 2.2 $290.00 launching intomassive ESI project
8/27/2012 Kennedy, Steve $0.00 0 $0.00 Confer with B. Dallas regarding his attempts to reignite JBS's interest in settlement
Telephone conference with Andy Mozingo re electronic discovery issues; review final'
8/27/2012 Moody, Brad C. $171.50 0.7 $245.00 spreadsheet from Andy Mozingo with details about e-mail extraction project
Review and analyze correspondence from JBS's counsel regarding electronic data
8/27/2012 Bernier, Michael $49.00 0.2 $245.00 collection
Receive and review additional information from Bill Hahn re
[REDACTED\] confer with counsel for JBS re discovery and ESI
issues; receive and review emails from JBS counsel, Brian Eberley re electronic
discovery and KLLM's suggestion of narrowing discovery through identifying alleged
8/28/2012 Frost, Cable $638.00 2.2 $290.00 problem loads
8/28/2012 Craft, Julie $24.00 0.2 $120.00 Analyze and categorize Severance Pay Stubs
8/28/2012 Craft, Julie $24.00 0.2 $120.00 Analyze and categorize Employee (Non-Driving) Handbook
Analyze and update attorney notebooks re recent communications, documents and
correspondence received; Conference with S. Kennedy and R. Yarborough re status'
8/28/2012 Craft, Julie $36.00 0.3 $120.00 and related tasks
8/28/2012 Craft, Julie $24.00 0.2 $120.00 Analyze and categorize Supervisor Employee Handbook
8/28/2012 Craft, Julie $36.00 0.3 $120.00 Analyze and categorize Tractors Sold Invoices
8/28/2012 Craft, Julie $24.00 0.2 $120.00 Analyze and categorize Trailers Sold Spreadsheets
Review documents and emails received from Bill Hahn for discovery production;
exchange several emails with Bill Hahn regarding the formation of Schedule A and
8/28/2012 Bernier, Michael $1,004.50 4.1 $245.00 certain communications with Pilgrim's Pride throughout development of Schedule A
Revise/edit discovery responses; review discovery answers submitted by JBS; confer
with Brad Moody Alike Bernier re coptents of JBS discovery answers; re-visit Moe
Schroder's correspondence re Pilgrim's desire to bring hauling in-house; confer with
8/29/2012 Frost, Cable $609.00 2.1 $290.00 Mike Bernier re potential interview of Lee Blackmon
Analyze emails, documents and itemize same to in preparation for document
8/29/2012 Craft, Julie $324.00 2.7 $120.00 production
Travel to KLLM's office and meet with Terry Thornton and others regarding materials
required for discovery production; review materials received from Terry Thornton and
8/29/2012 Bernier, Michael $906.50 3.7 $245.00 others for discovery production; update and revise discovery responses
Receive update from Mozingo and internal team re KLLM's document production;
prepare for and participate in conference call with counsel for JBS to discuss ESI and
other discovery issues; begin revisions/edits to proposed Protective Order necessary
8/30/2012 Frost, Cable $986.00 3.4 $290.00 prior to production of certain documents
Teleconference with opposing counsel regarding ESI discovery issues; review materials
received from Terry Thornton and Steve Szabo for discovery production; revise
8/30/2012 Bernier, Michael $661.50 2.7 $245.00 discovery responses
Revise/edit proposed Protective Order to include highly confidential designation
shielding certain documents from view by company employees; transmit same to
counsel for JBS; confer with counsel for JBS re search terms and limitations of ESI;
conferwith Brad Moody re revised discovery responses and)
8/31/2012 Frost, Cable $638.00 2.2 $290.00 [REDACTED\]
Revise/edit discovery responses to be served upon JBS; conference call with counsel
for JBS to discuss limitations of electronic discovery; revise search terms in order to
limit responsive documents implicated by electronic request; confer with Mike Bernier,
re documents to be produced to JBS as well as communications with ESI vendor re
9/4/2012 Frost, Cable $1,102.00 3.8 $290.00 search terms; begin revisions to KLLM's dispositive motion
Review and analyze documents for discovery production; draft and revise discovery
9/4/2012 Bernier, Michael $514.50 2.1 $245.00 responses
9/5/2012 Craft, Julie $36.00 0.3 $120.00 Analyze Repositioning Documents from T. Thornton and add to attorney notebooks
9/5/2012 Bernier, Michael $73.50 0.3 $245.00 Draft electronic data collection instructions for JBS's counsel
9/6/2012 Craft, Julie $12.00 0.1 $120.00 Analyze and update attorney notebooks re discovery issues
Draft and exchange emails with JBS's counsel regarding electronic data collection
9/6/2012 Bernier, Michael $245.00 1 $245.00 protocol (0.6); revise discovery responses (0.4)
Continue revisions to KLLM's responses to discovery propounded by JBS; confer with
Mike Bernier re
[REDACTED\]; continue revisions to KLLM's Motion for
9/7/2012 Frost, Cable $899.00 3.1 $290.00 Summary Judgment; begin review of claims' documents provided by Bill Hahn
9/7/2012 Craft, Julie $24.00 0.2 $120.00 Prepare Notice of Service of KLLM's Responses to Interrogatories and RPODs
Analyze and categorize documents to be produced to JBS Carriers today (KLLM-JBS
9/7/2012 Craft, Julie $48.00 0.4 $120.00 000407-001947)
9/7/2012 Craft, Julie $0.00 0 $0.00 Analyze additional documents from Terry Thornton and add to attorney database
Analyze and update attorney notebooks re Joint Motion for Protective Order entered
9/7/2012 Craft, Julie $12.00 0.1 $120.00 with Court
Draft and revise discovery responses; meet and confer with Cable Frost regarding
discovery responses; phone conversation with Terry Thornton regarding discovery
9/7/2012 Bernier, Michael $661.50 2.7 $245.00 responses and tractor lease issue; finalize and have served discovery responses
Exchange emails with Andy Mozingo, electronic data collection vendor, regarding
9/9/2012 Bernier, Michael $24.50 0.1 $245.00 status of email collection
Continue work with ESI issues and documents involved in discovery; confer with
counsel for JBS re ESI challenges; begin evaluation of Motion for Protective Order re
ESI; begin revisions to dispositive motion to be filed re JBS' breach of the Settlement
9/11/2012 Frost, Cable $638.00 2.2 $290.00 Agreement
Exchange emails with Andy Mozingo, Electronic Data Collection vendor, regarding
9/11/2012 Bernier, Michael $49.00 0.2 $245.00 status of collection and related issues
Continue work with electronic discovery issues and evaluation of course of discovery
from this point forward; confer with counsel for JBS re second tier search results and
narrowing of electronic field; confer with Mike Bernier and Brad Moody re dispositive
9/13/2012 Frost, Cable $899.00 3.1 $290.00 and Protective Orders re discovery
Exchange emails with Andy Mozingo, ESI vendor, regarding status of electronic data
9/13/2012 Bernier, Michael $73.50 0.3 $245.00 collection and review and analyze updated chart he provided
Prepare for and participate in conference call with counsel for JBS to discuss discovery
issues associated with ESI volume and complexity of search terms; begin review of
certain claims' documents and other emails indicating late loads in order to determine
whether
[REDACTED\]; confer with Brad Moody re same; continue revisions/edits to dispositive
9/14/2012 Frost, Cable $754.00 2.6 $290.00 motions
Review and analyze final report from Andy Mozingo, ESI vendor, regarding electronic
9/14/2012 Bernier, Michael $73.50 0.3 $245.00 data collection
Receive and review discovery deficiency letter from JBS; confer with Brad Moody re
same; prepare for conference call with Brian Eberle and Lyle Robinson to discuss
electronic discovery and progression of discovery to date; participate in call with
counsel for JBS re ESI and other discovery issues; confer with Brad Moody and Mike
Bernier re [REDACTED\]
begin formulation of plan to search electronic
9/18/2012 Frost, Cable $1,102.00 3.8 $290.00 correspondence surrounding certain identified loads which were deemed late by JBS
9/18/2012 Bernier, Michael $49.00 0.2 $245.00 Review and analyze JBS's letter request regarding our discovery responses
Receive and review additional emails provided by Mike Bernier re JBS motive of
9/19/2012 Frost, Cable $319.00 1.1 $290.00 bringing dedicated hauling in-house
Begin evaluating appropriate response to good faith letter from defense counsel;
confer with Cable Frost re discovery issues; review case law cited by JBS in good faith
9/19/2012 Moody, Brad C. $759.50 3.1 $245.00 letter; begin drafting response to good faith letter
Analyze letter from JB5 Carriers' counsel regarding additional requested discovery
(1.1); meet and confer with Cable Frost and Brad Moody about JBS Carriers' discovery
requests (0.5); analyze JBS Carriers' previous discovery responses and draft letter
demanding responsiveness (1.9); analyze documents to be produced in light of JBS
9/19/2012 Bernier, Michael $1,004.50 4.1 $245.00 Carriers' recent discovery letter (0.6)
Identify documents for production (0.4); draft letter to Plaintiff's counsel regarding
9/20/2012 Bernier, Michael $294.00 1.2 $245.00 insufficient areas of their discovery responses (0.8)
9/21/2012 Bernier, Michael $147.00 0.6 $245.00 Identify documents to produce in response to JBS Carriers' Requests for Production
Receive and review additional correspondence from counsel for JBS re KLLM's likely
ability to track trailers by VIN number; forward correspondence to Brad Moody for
9/24/2012 Frost, Cable $116.00 0.4 $290.00 attention
9/24/2012 Moody, Brad C. $710.50 2.9 $245.00 Continue drafting and revising response to JBS' good faith letter
9/24/2012 Bernier, Michael $98.00 0.4 $245.00 Prepare damage documentation for production
Draft response letter to JBS Carriers' good faith discovery letter (0.7); identify
9/25/2012 Bernier, Michael $294.00 1.2 $245.00 documents to produce in response to JBS Carriers' good faith discovery letter (0.5)
Receive and review correspondence between Steve Kennedy and Nick White and
assess for privilege issues; receive and review additional materials provided by Brian
Eberle seeking new information on tractors and trailers allegedly idle as a result of
cancellation of Schedule A; confer with Brad Moody and Mike Bernier re
9/26/2012 Frost, Cable $609.00 2.1 $290.00
Analyze and update attorney notebooks re recent communications, documents and
9/26/2012 Craft, Julie $36.00 0.3 $120.00 correspondence received
Review and analyze emails and documents between Steve Kennedy and Nick White for
9/26/2012 Bernier, Michael $147.00 0.6 $245.00 discovery production
Continue work on discovery issues in case including response to PPC/JBS' deficiency
letter, evaluation of privilege materials/privilege log and electronic searches requested
by counsel for JBS/PPC; confer with Brad Moody and Mike Bernier re status of
electronic searches and draft response to discovery letter; revisit damages analysis
prepared by Terry Thornton
9/27/2012 Frost, Cable $609.00 2.1 $290.00
Review and analyze Pilgrim's Pride emails relating to late loads to identify incidents
9/27/2012 Bernier, Michael $367.50 1.5 $245.00 requiring further discovery
9/28/2012 Frost, Cable $87.00 0.3 $290.00 Revise/edit draft response to PPC/JBS' discovery deficiency letter
Identify documents to be produced as part of responses to requests for production
9/28/2012 Bernier, Michael $416.50 1.7 $245.00 (0.8); draft good faith letter to JBS Carriers demanding additional discovery (0.9)
Review claims documents to prepare for production and identify any privilege
10/1/2012 Moody, Brad C. $514.50 2.1 $245.00 communications
10/1/2012 Craft, Julie $24.00 0.2 $120.00 Conference with M. Bernier and B. Moody re tomorrow's document production
10/1/2012 Bernier, Michael $122.50 0.5 $245.00 Draft and revise discovery response letter to counsel for JBS Carriers
Review and finalize KLLM's response to JBS' good faith letter: confer with Brad Moody
10/2/2012 Frost, Cable $522.00 1.8 $290.00 re need to obtain documents and reports from Terry Thornton,
Telephone conference with Terry Thornton re discovery issues; correspondence with
10/2/2012 Moody, Brad C. $122.50 0.5 $245.00 Terry Thornton detailing additional documents and information needed
Analyze and prepare documents for production, including identifying items to redact,
10/2/2012 Craft, Julie $360.00 3 $120.00 redaction and categorizing documents
Finalize discovery response letter and send same to counsel for JBS Carriers; review,
10/2/2012 Bernier, Michael $563.50 2.3 $245.00 analyze, and produce documents in response to JBS Carriers' Requests for Production
10/3/2012 Frost, Cable $812.00 2.8 $290.00 Receive and begin review of discovery materials received from JBS/PPC
Analyze and categorize document production received from JBS Carriers (JC 000723-000757,
10/3/2012 Craft, Julie $60.00 0.5 $120.00 Excel spreadsheet); Conference with B. Moody
10/4/2012 Frost, Cable $754.00 2.6 $290.00 Continue review of discovery materials received from JBS/PPC
Receive and review JBS' second good faith letter re KLLM financials and other material
sought in discovery; confer with Mike Bernier re
examine 2011
10/8/2012 Frost, Cable $464.00 1.6 $290.00 performance spreadsheet provided by JBS/PPC
10/8/2012 Bernier, Michael $294.00 1.2 $245.00 Draft Good Faith discovery letter to JBS Carriers
Receive and review JBS' second set of discovery propounding damages related
requests to KLLM; confer with Mike Bernier re
10/9/2012 Frost, Cable $638.00 2.2 $290.00 continue review of materials recently produced by JBS
Review second good faith letter from JBS Carriers; correspond with Terry Thornton re
10/9/2012 Moody, Brad C. $98.00 0.4 $245.00 discovery issues
10/9/2012 Bernier, Michael $416.50 1.7 $245.00 Draft discovery good faith letter to JBS Carriers
10/10/2012 Frost, Cable $522.00 1.8 $290.00 Begin work on revising KLLM's motion for summary judgment
Analyze and identify deadlines associated with JBS Carriers, Inc.'s Second Set of
Interrogatories and Requests for Production of Documents to Plaintiff, including
10/10/2012 Craft, Julie $24.00 0.2 $120.00 verification of hand-delivery
10/10/2012 Bernier, Michael $49.00 0.2 $245.00 Revise discovery good faith letter to JBS Carriers
Draft and revise discovery letter to JBS Carriers' counsel (0.7); review and analyze JBS
10/11/2012 Bernier, Michael $294.00 1.2 $245.00 Carriers' late load emails and documents (0.5)
Provide revisions/edits to KLLM's good faith letter to JBS; confer with B. Moody re
continue revisions to KLLM's
10/12/2012 Frost, Cable $638.00 2.2 $290.00 motion for summary judgment
Conference with Brad Moody regarding
continue review of materials
provided by JBS through discovery; review good faith letters from JBS in order to
determine likelihood of motion to compel; continue work on revisions to motion for
10/15/2012 Frost, Cable $812.00 2.8 $290.00 summary judgment
Review damages, calculations and expected categories of damages
review claims materials
with an eye towards identifying witnesses for depositions as well as 30(b)(6) topics
10/16/2012 Frost, Cable $464.00 1.6 $290.00 and deponents
10/16/2012 Moody, Brad C. $49.00 0.2 $245.00 Correspond with counsel for JBS Carrier re discovery issues
Confer with Brad Moody regarding meeting with KLLM personnel and expectation for
10/18/2012 Frost, Cable $174.00 0.6 $290.00 documents related to damages
Review JBS' discovery requests and good faith letters to identify issues for meeting
with Terry Thornton; draft agenda for meeting with Terry Thornton; meet with Terry
Thornton re discovery issues; follow up correspondence with Terry Thornton re
discovery issues; review notes from meeting with Terry Thornton and identify
10/18/2012 Moody, Brad C. $1,249.50 5.1 $245.00 additional issues
Analyze JBS Carriers' Supplemental Discovery Requests to identify documents to
10/18/2012 Bernier, Michael $98.00 0.4 $245.00 produce
Review email correspondence from Brad Moody regarding damages related to leased
trailers; confer with Brad Moody regarding same; review performance chart provided
by JBS in order to compare with YTD 2011 chart which is favorable for KLLM; confer
with Brad Moody regarding
receive and review new
10/19/2012 Frost, Cable $899.00 3.1 $290.00 information from counsel for JBS in response to KLLM's discovery requests
Analyze and add KLLM's Lead Driver Count by Line of Business spreadsheets to client
10/19/2012 Craft, Julie $36.00 0.3 $120.00 document review database
Analyze and add Hinds Community College invoices to client document review
10/19/2012 Craft, Julie $36.00 0.3 $120.00 database
Conference with Brad Moody regarding the courts entry of the parties agreed upon
protective order; follow up with counsel for JBS regarding same; continue review of
certain emails identified by KLLM personnel
confer with Brad Moody regarding search for expert regarding
10/22/2012 Frost, Cable $522.00 1.8 $290.00 dedicated hauling/logistics
Review newly produced documents from JBS Carriers; begin vetting prospective
industry experts to combat JBS Carriers' service claims; draft correspondence to court
10/22/2012 Moody, Brad C. $563.50 2.3 $245.00 re protective order
Exchange emails with Brandon Woods and Monty Epps regarding Pilgrim's Pride's on-time
10/22/2012 Bernier, Michael $73.50 0.3 $245.00 spreadsheet and have phone conversation with Monty regarding same
Conduct conference call with Brandon Woods and Monty Epps regarding carrier status
10/23/2012 Bernier, Michael $196.00 0.8 $245.00 report produced by JBS Carriers
Receive and review information regarding potential expert witnesses; receive and
review select emails provided by Mike Bernier from JBS's recent production; review
other emails associated with Mark Norman; confer with Mike Bernier and Brad Moody
regarding compliance with KLLM's obligations as it relates to electronic document
production; review latest documents associated with KLLM's damages,
10/24/2012 Frost, Cable $812.00 2.8 $290.00
10/24/2012 Moody, Brad C. $24.50 0.1 $245.00 Receive and review executed protective order from the court
Analyze and update attorney notebooks re JBC000759-JC001743 produced by JBS
10/24/2012 Craft, Julie $48.00 0.4 $120.00 Carriers on 10-17-2012; Email to attorneys re same
Review and analyze documents produced by JBS Carriers in response to KLLM's
10/24/2012 Bernier, Michael $269.50 1.1 $245.00 Requests for Production
Receive and review additional discovery materials produced by JBS relating to KLLM's
10/25/2012 Frost, Cable $377.00 1.3 $290.00 performance under the dedicated hauling agreement
10/25/2012 Moody, Brad C. $73.50 0.3 $245.00 Correspond re prospective experts; correspond with client re
10/25/2012 Craft, Julie $24.00 0.2 $120.00 Analyze and update attorney notebooks re Qualcomm October 2011 invoice
10/25/2012 Bernier, Michael $49.00 0.2 $245.00 Draft Responses to JBS Carriers' Discovery Second Set of Discovery Requests
Correspond with Terry Thornton re outstanding discovery issues; review new hot
10/28/2012 Moody, Brad C. $98.00 0.4 $245.00 documents produced by JBS Carriers
Conduct internet research regarding potential experts; confer with Brad Moody
regarding status of expert search
receive
10/29/2012 Frost, Cable $638.00 2.2 $290.00 and begin review of certain JBS documents identified by Mike Bernier
Review resumes for prospective industry experts; telephone conference with
prospective expert Joe Morrison re his expertise; continue evaluating prospective
experts recommended by colleagues; telephone conference with prospective expert
10/29/2012 Moody, Brad C. $441.00 1.8 $245.00 Annette Sandberg and correspond with Annette Sandberg re additional issues
Review of pleadings; Communications on retention of expert witness re delivery
10/29/2012 Yarborough, Richar $232.00 0.8 $290.00 logistics
Analyze and update attorney notebooks re Protective Order entered by Magistrate
10/29/2012 Craft, Julie $24.00 0.2 $120.00 Judge Anderson
Continue internet research regarding industry experts to opine on KLLM's
performance under the dedicated services agreement; receive and review
continue with revisions/edits to
KLLM's motion for summary judgment; discuss same with Mike Bernier; confer with
10/30/2012 Frost, Cable $783.00 2.7 $290.00 Brad Moody regarding same
Continue review of JBS documents identified by Mike Bernier; receive and begin
review of JBS's Good Faith letter regarding alleged discovery discrepancies on behalf of
KLLM; confer with Brad Moody and Mike Bernier regarding same; review material
10/30/2012 Frost, Cable $812.00 2.8 $290.00 provided thus far by Terry Thornton regarding idle trucks and trailers
10/30/2012 Craft, Julie $60.00 0.5 $120.00 Analyze and identify documents itemized by M. Bernier and provide same to C. Frost
Review and analyze discovery letter from JBS Carriers' counsel threatening to file
10/30/2012 Bernier, Michael $122.50 0.5 $245.00 Motion to Compel and analyze outstanding discovery requests subject to letter
Conference call with prospective expert review curriculum vitae, rate sheet, Rule 26 testimony disclosure and other expert materials for , continue evaluating prospective experts; correspond with Jim Richards re industry expert; correspond with Terry Thornton re discovery issues to be addressed to avoid 10/31/2012 Moody, Brad C. $514.50 2.1 $245.00 motion to compel discovery
Exchange emails with Brandon Woods regarding former drivers hired by JBS Carriers; 10/31/2012 Bernier, Michael $171.50 0.7 $245.00 draft responses to JBS Carriers' multiple discovery letters
Receive and review discovery material provided by KLLM regarding damages calculations; confer with Mike Bernier regarding same; review JBS's Good Faith letter in order to determine whether newly provided material satisfies any criticisms 11/1/2012 Frost, Cable $406.00 1.4 $290.00 contained in the letter
Receive and review correspondence from Terry Thornto[REDACTED\] 11/1/2012 Moody, Brad C. $0.00 0 $0.00 [REDACTED\]
Draft Discovery Responses to JBS Carriers Second Set of Interrogatories and Requests for Production; draft Second Set of Interrogatories and Requests for Production to JBS Carriers; review and analyze former driver loads hauled spreadsheet received from Terry Thornton and Andy Morris; phone conversation with Brandon Woods regarding former drivers and JBS Carriers' poaching of KLLM drivers and staff; draft response 11/1/2012 Bernier, Michael $808.50 3.3 $245.00 letter to JBS Carriers' Good Faith Discovery Letter
Receive and review KLLM's proposed response to JBS's Good Faith letter; provide proposed edits to same; confer with Brad Moody regarding status of expert retention and upcoming designation deadline; review newly provided damage materials[REDACTED\] 11/2/2012 Frost, Cable $522.00 1.8 $290.00
Correspond with Terry Thornton re discovery issues; review trailer lease provided by 11/2/2012 Moody, Brad C. $98.00 0.4 $245.00 Terry Thornton
Draft and revise discovery letters and discovery response letters to counsel for JBS 11/2/2012 Bernier, Michael $514.50 2.1 $245.00 Carriers
11/3/2012 Moody, Brad C. $171.50 0.7 $245.00 Revise and edit response to JBS Carriers' second good faith letter
11/5/2012 Frost, Cable $377.00 1.3 $290.00 Continue revisions/edits on KLLM's Motion for Summary Judgment Analyze and categorize PP Loads Lost Drivers spreadsheet and format same for
11/5/2012 Craft, Julie $60.00 0.5 $120.00 production (KLLM-JBS 002416-002490); Conference with M. Bernier regarding same. Draft, revise, and send response letter to JBS Carriers' good faith letter; review, analyze, and identify for production confidential documents subject to protective 11/5/2012 Bernier, Michael $514.50 2.1 $245.00 order
Review new good faith letter from defense counsel; review documents to send to Dr. Brooking to support damages figure; continue evaluating information to support "trucks on the fence" claim; evaluate additional documents needed to shore up claim forcosts associated with idle trucks; telephone conference with Terry Thornton re 11/6/2012 Moody, Brad C. $514.50 2.1 $245.00 discovery issues
Conference with M. Bernier re additional documents to produce and related tasks; 11/6/2012 Craft, Julie $60.00 0.5 $120.00 Analyze and categorize additional documents for attorney review and production
Review and analyze November 6 discovery letter from JBS Carriers regarding Motion to Compel; exchange emails with Brandon Woods regarding transfer bonuses; identify and compile documents and materials to be produced through discovery; draft 11/6/2012 Bernier, Michael $1,053.50 4.3 $245.00 Responses to JBS Carriers' Second Set of Discovery Requests
Receive and review numerous pieces of email and written correspondence from counsel for JBS regarding discovery issues and intent to raise with Court;confer with Mike Bernier and Brad Moody regarding same; confer with economist regarding additionalreports needed to prove damages regarding unmanned tractor trailers; confer with Brad Moody regarding [REDACTED\] prepare for and participate in call with Terry Thornton and Brad Moody regarding [REDACTED\] 11/7/2012 Frost, Cable $638.00 2.2 $290.00
Telephone conference with [REDACTED\] to discuss possible engagement as expert witness; correspond with [REDACTED\] re same; continue evaluating potential experts and consider whether expert with experience in refrigerated haulingis imperative; revise and edit responses to JBS' second set of discovery requests; review documents identified for production and evaluate relevancy and issues for redaction; review new chart from Terry Thornton that compiles list of idle 11/7/2012 Moody, Brad C. $955.50 3.9 $245.00 trucks; correspond with Terry Thornton re new chart
Draft and revise Responses to JBS Carriers' Second Set of Discovery Requests; review and analyze Qualcomm satellite tracking contract; exchange emails with Brandon 11/7/2012 Bernier, Michael $1,078.00 4.4 $245.00 Woods regarding discovery responses; identify documents for discovery production
Review new reports on unmanned trucks received from Terry Thornton; evaluate additional documents needed; correspond with Terry Thornton re damages issues; draft agenda for conference call with Terry Thornton to address damages and discovery issues;continue analyzing documents to provide to Dr. Brooking; multiple 11/8/2012 Moody, Brad C. $955.50 3.9 $245.00 telephone conferences with Terry Thornton re damages and discovery issues
Multiple conferences with M. Bernier re document production, redaction, confidential 11/8/2012 Craft, Julie $0.00 0 $0.00 issues
11/8/2012 Craft, Julie $108.00 0.9 $120.00 Analyze, identify and redact documents for today's production to defendants
11/8/2012 Bernier, Michael $269.50 1.1 $245.00 Draft response letter to JBS Carriers' November 6 discovery letter Complete revisions/edits to KLLM's Motion for Summary Judgment; resend to Mike 11/9/2012 Frost, Cable $1,044.00 3.6 $290.00 Bernier with additional questions and requests to revise based on input
Confer with Brad Moody regarding expert witness issues in case; review materials on suggested transportation/logistics experts; read summaries of interviews and provide input [REDACTED\] 11/9/2012 Frost, Cable $348.00 1.2 $290.00
Telephone conference with Terry Thornton re discovery issues; telephone conference with Jim Richards re expert issues; telephone conference with Dr. Brooking re issues with damages; analyze spreadsheets provided by JBS Carriers re KLLM's on-time performance; correspond with counsel for JBS re questions about spreadsheets; review latest documents produced by JBS Carriers to identify key witnesses and holes 11/9/2012 Moody, Brad C. $1,372.00 5.6 $245.00 in JBS' production for purposes of follow up discovery requests
Draft response letter to JBS Carriers' letter November 6 discovery letter; review and analyze pricing models for damages analysis; revise Motion for Partial Summary 11/9/2012 Bernier, Michael $906.50 3.7 $245.00 Judgment
Revise and edit response to JBS' November 6, 2012 good faith letter; identify documents to provide to industry expert; identify and review additional documents to 11/10/2012 Moody, Brad C. $343.00 1.4 $245.00 provide to Dr. Brooking [REDACTED\]
Confer with Brad Moody regarding potential expert witnesses in logistics and, refrigerated hauling; receive and review good faith certificate from 135 regarding certain financial information sought in discovery;confer with Brad Moody regarding same;revise/edit KLLM's responses and letter submitting requested discovery to JBS; confer with Brad Moody regarding consultation with the client [REDACTED\] confer withKLLM team [REDACTED\] ;continue analysis of potential witnesses for 11/12/2012 Frost, Cable $928.00 3.2 $290.00 deposition (3.2)
Call Larry Keene's office to discuss expert work; correspond with Jim Richards re cell phone for Larry Keene; continue reviewing documents to provide to Dr. Brooking; telephone conference with Terry Thornton re discovery issues; analyze issues relating to JBS Carriers' proposed motion to compel; draft correspondence to client outlining issues relating to motion to compel; telephone conference with Larry Keene re potential work as an expert; correspond with Larry Keene re same; finalize responseto 11/12/2012 Moody, Brad C. $1,249.50 5.1 $245.00 JBS' most recent good faith letter; review documents for production to JBS Carriers
Analyze and update attorney notebooks re Order Granting JBS Carriers' Unopposed 11/12/2012 Craft, Julie $12.00 0.1 $120.00 Motion for Leave to Amend Answer
Analyze and categorize documents for production to JBS Carriers (KLLM-JBS 002697-02716); 11/12/2012 Craft, Julie $84.00 0.7 $120.00 Prepare CDs of same for production
Analyze and update attorney notebooks re KLLM's Notice of Service of Responses to 11/12/2012 Craft, Julie $12.00 0.1 $120.00 Second Set of RPODs
Prepare KLLM's Notice of Service of Response to Second Set of Interrogatories and 11/12/2012 Craft, Julie $36.00 0.3 $120.00 Requests for Production of Documents and electronically submit same to Court
Analyze and update attorney notebooks re JBS Carriers' Unopposed Motion for Leave 11/12/2012 Craft, Julie $12.00 0.1 $120.00 to Amend Answer
11/12/2012 Craft, Julie $12.00 0.1 $120.00 Conference with B. Moody re documents to get to Dr. Brooking for review today
11/12/2012 Craft, Julie $24.00 0.2 $120.00 Teleconference with expert, C. Brooking re delivering documents for review today
Analyze and revise Responses of KLLM to Defendant's Second Set of Interrogatories 11/12/2012 Craft, Julie $24.00 0.2 $120.00 and Requests for Production of Documents
Correspondence to expert, C. Brooking re documents for review; Prepare CD of 11/12/2012 Craft, Julie $60.00 0.5 $120.00 documents
Analyze and update attorney notebooks re JBS Carriers' Amended Answer to 11/12/2012 Craft, Julie $12.00 0.1 $120.00 Complaint
Analyze and update attorney notebooks re KLLM's Notice of Service of Responses to 11/12/2012 Craft, Julie $12.00 0.1 $120.00 Second Set of Interrogatories
Draft and revise Responses to Requests for Production and Interrogatories and finalize same; finalize documents to produce and produce same; draft and revise letter in 11/12/2012 Bernier, Michael $490.00 2 $245.00 response to JBS Carriers' discovery letter
Continue analysis of available witnesses in order to determine whether sufficient discovery can be completed within current deadlines; confer with Brad Moody regarding same; discuss likely motion to compel and issues with Brad Moody and Mike Bernier; discuss with KLLM team the need to obtain extension of deadlines for expert designations as well as possible discovery; provide additional revisions/edits to KLLM's 11/13/2012 Frost, Cable $522.00 1.8 $290.00 motion for summary judgment (1.8)
Telephone conference with Terry Thornton re discovery issues and expected motion to compel; draft correspondence responding to JBS Carriers' good faith certificate; draft 11/13/2012 Moody, Brad C. $196.00 0.8 $245.00 correspondence to defense counsel re document issues
11/13/2012 Yarborough, Richar $145.00 0.5 $290.00 Review of discovery issue and documents forwarded by Brad Moody
Receive and review additional information provided by KLLM in order to support tractor and trailer damages; conversation with Dr. Carl Brooking regarding same; review preliminary analysis of KLLM damages; discuss additional discovery requests 11/14/2012 Frost, Cable $377.00 1.3 $290.00 neededfrom JBS/PPC (1.3)
Telephone conference with Dr. Brooking re evaluation of lost profits and idle trucks
calculation; telephone conference with Terry Thornton re [REDACTED\]
correspond with Terry Thornton re same; telephone conference with Terry
Thornton re [REDACTED\] meeting with Dr. Brooking to
discuss damages calculations with Terry Thornton; correspond with Terry Thornton re
11/14/2012 Moody, Brad C. $686.00 2.8 $245.00 follow up questions from conference call
11/14/2012 Bernier, Michael $98.00 0.4 $245.00 Teleconference with JBS Carriers' counsel regarding discovery matters
Prepare for and participate in conference call with Dr. Carl Brooking to discuss lost
profit and idle tractor damages; review materials relied upon regarding same; begin
analysis of claims documents in order to determine which witnesses need to be
deposed regarding same as well as strategy of dealing with in context of expert
11/15/2012 Frost, Cable $696.00 2.4 $290.00 testimony (2.4)
Review notes and prepare agenda for conference call with counsel for JBS Carriers;
participate in conference call to discuss discovery issues; execute good faith
certificate; draft follow up correspondence to defense counsel re discovery issues;
11/15/2012 Moody, Brad C. $318.50 1.3 $245.00 correspond with defense counsel re discovery deadlines
Multiple communication with T. Goff in Atlanta office re delivery to expert, Larry
11/15/2012 Craft, Julie $36.00 0.3 $120.00 Keene and confirmation of same
Prepare expert retainer agreement for Larry Keene, including documents produced for
11/15/2012 Craft, Julie $72.00 0.6 $120.00 Mr. Keene's for review
11/15/2012 Bernier, Michael $220.50 0.9 $245.00 Draft and revise Motion for Summary Judgment
Participate in conference call regarding extension of discovery deadline as well as
proposed staggering of depositions and expert disclosures by JBS; Confer with Brad
Moody regarding JBS's position on certain topics likely to be relevant in
11/16/2012 Frost, Cable $232.00 0.8 $290.00 upcomingmotion to compel (.8)
Telephone conference with counsel for JBS Carriers re discovery issues, scheduling of
11/16/2012 Moody, Brad C. $294.00 1.2 $245.00 depositions and other deadlines; begin evaluating witnesses for depositions
11/16/2012 Bernier, Michael $73.50 0.3 $245.00 Review and analyze Third Set of Interrogatories served by JBS Carriers
Review key emails and other correspondence in order to identify potential witnesses
to depose for purposes of proving motive for termination of contract; receive and
review JBS's motion to compel regarding financial information; confer with Brad
Moody regarding plan to respond to motion to compel; continue analysis of potential
11/19/2012 Frost, Cable $986.00 3.4 $290.00 deponents and 30(b)(6) topics
Continue evaluating potential depositions [REDACTED\]
review letter from defense counsel re discovery issues;
draft revise second set of discovery requests to serve on JBS Carriers; conference with
11/19/2012 Moody, Brad C. $833.00 3.4 $245.00 Cable Frost re discovery issues and deposition strategy
Conference with M. Bernier re Excel version of KLLM-1135 2417-2490 and previous 11/19/2012 Craft, Julie $24.00 0.2 $120.00 production of same Analyze and update attorney notebooks re JBS Carriers's Motion to Compel and Memo 11/19/2012 Craft, Julie $24.00 0.2 $120.00 in Support; Calendar response deadline
11/19/2012 Bernier, Michael $0.00 0 $0.00 Review and analyze JBS Carriers' Motion to Compel Discovery
Complete analysis and provide suggestions of additional deponents to add to list of witnesses to depose; confer with Mike Bernier and Brad Moody regarding continue revisions/edits to KLLM's motion for summary judgment; revise/edit letter to counsel for JBS regarding extension of expert deadlines and identification of potential deponents; review and edit discovery requests being propounded to JBS regarding 11/20/2012 Frost, Cable $899.00 3.1 $290.00 staffing of fleets to assume schedule A duties; confer with Brad Moody regarding same
Draft/revise correspondence to defense counsel re discovery issues and depositions; finalize second set of discovery to serve on JBS Carriers; correspond with defense 11/20/2012 Moody, Brad C. $318.50 1.3 $245.00 counsel re expert disclosure issues
11/20/2012 Yarborough, Richar $145.00 0.5 $290.00 Review of motion to compel discovery/memo directed to KLLM
11/20/2012 Bernier, Michael $1,102.50 4.5 $245.00 Draft and revise Motion for Partial Summary Judgment
Receive and review feedback from KLLM on all suggested deponents; confer with Mike Bernier and Brad Moody regarding same; finalize letter to Lyle Robinson identifying potential deponents and addressing other discovery issues; continue revisions and 11/21/2012 Frost, Cable $696.00 2.4 $290.00 edits to motion for summary judgment
Draft/revise motion to extend expert disclosure deadline; draft/revise discovery correspondence to defense counsel; continue evaluating witnesses for depositions; 11/21/2012 Moody, Brad C. $1,225.00 5 $245.00 analyze defendant's motion to compel discovery and review case law cited in motion
Phone conversations with Brandon Woods and Monty Epps regarding potential depositions of JBS/PPC employees; exchange emails with Bill Hahn, Brandon Woods, and Monty Epps regarding the taking of their depositions; revise Motion for Partial
11/21/2012 Bernier, Michael $318.50 1.3 $245.00 Summary Judgment
Receive and begin review of JBS's motion to compel; review correspondence informing client of motion to compel and our position regarding same; continue revisions/edits 11/26/2012 Frost, Cable $522.00 1.8 $290.00 to KLLM's motion for summary judgment (1.8)
11/26/2012 Moody, Brad C. $73.50 0.3 $245.00 Correspond with Terry Thornton re issues with damages
11/26/2012 Moody, Brad C. $73.50 0.3 $245.00 Correspond with counsel for JBS Carriers re motion to extend deadlines
11/26/2012 Moody, Brad C. $171.50 0.7 $245.00 Craft plan for organizing documents and other preparations for upcoming depositions
11/26/2012 Moody, Brad C. $73.50 0.3 $245.00 Correspond with Jim Richards and Terry Thornton re JBS' motion to compel
Meeting with Mike Bernier and Melissa Summers re tasks to complete to prepare for
11/26/2012 Moody, Brad C. $122.50 0.5 $245 00 upcoming depositions
11/26/2012 Moody, Brad C. $686.00 2.8 $245.00 Continue reviewing case law cited by JBS in motion to compel
11/26/2012 Moody, Brad C. $49.00 0.2 $245.00 Correspond with court administrator re motion to extend deadlines
11/26/2012 Moody, Brad C. $171.50 0.7 $245.00 Evaluate issues with damages calculations
11/26/2012 Moody, Brad C $710.50 2.9 $245.00 Review Mississippi law to prepare to draft response to motion to compel
11/26/2012 Moody, Brad C. $73.50 0.3 $245.00 Draft/revise proposed order on motion to extend deadlines
11/26/2012 Summers, Melissa $60.00 0.5 $120.00 Meeting with attorneys regarding upcoming witness depositions
Examine documents produced by JBS for any and all documents regarding JBS
11/26/2012 Summers, Melissa $300.00 2.5 $120.00 employee Mark Norman for upcoming deposition
Review and analyze JBS and Pilgrim's Pride emails in preparation for upcoming
11/26/2012 Bernier, Michael $294.00 1.2 $245.00 depositions of JBS and Pilgrim's Pride employees
Review available materials and email correspondence in order to identify additional
witnesses necessary to depose in order to cover bases with regard to JB5's claims of
service issues; receive and review correspondence from JBS regarding witnesses and
upcoming depositions; revise and edit draft 30(b)(6) deposition notices for Pilgrim's
Pride; receive and review correspondence with Bill Hahn and others regarding
upcoming depositions; continue work on KLLM's motion for summary judgment; begin
review of bio sketches put together on each witness; prepare for and participate in call
11/27/2012 Frost, Cable $957.00 3.3 $290.00 with counsel for JBS to discuss witnesses and discovery schedule (3.3)
Correspond with court re motion to extend expert disclosure deadlines and order re
11/27/2012 Moody, Brad C. $73.50 0.3 $245.00 same
11/27/2012 Moody, Brad C. $465.50 1.9 $245.00 Begin drafting 30(b)(6) deposition notice for Pilgrim's Pride
11/27/2012 Moody, Brad C. $98.00 0.4 $245.00 Telephone conference with Terry Thornton re issues raised in JBS' motion to compel
Analyze documents and draft agenda for call with Terry Thornton re items requested
11/27/2012 Moody, Brad C. $98.00 0.4 $245.00 by JBS Carriers through motion to compel
11/27/2012 Moody, Brad C. $24.50 0.1 $245.00 Analyze correspondence from Terry Thornton re questions raised by Dr. Brooking
Review list of additional witnesses identified by JBS in discovery responses and review
11/27/2012 Moody, Brad C. $637.00 2.6 $245.00 emails of witnesses to evaluate whether to depose them
11/27/2012 Moody, Brad C. $98.00 0.4 $245.00 Confer with Cable Frost re outstanding discovery issues
Prepare for and participate in conference call with counsel for JBS re depositions and
11/27/2012 Moody, Brad C. $392.00 1.5 $245.00 other discovery issues
Examine documents produced by KLLM and documents produced by JBS and obtain
needed documentation for witness folders for review by attorneys in preparation for
11/27/2012 Summers, Melissa $780.00 6.5 $120.00 upcoming depositions
Conduct research regarding plaintiff's damage mitigation claims made in motion to
compel; compile witness information for depositions; conduct research regarding lost
11/27/2012 Bernier, Michael $857.50 3.5 $245.00 profit calculations
Confer with KLLM's damages and liability experts regarding opinions and upcoming
report deadline; receive and review JBS's supplemental disclosure identifying
additional witnesses; confer with Brad Moody regarding informing client of same;
prepare for and participate in additional conference call with KLLM's industry standard
expert to discuss his review of file materials and expected opinions in case; examine
documents in order to gain insight into issue of potential equipment shortages under
11/28/2012 Frost, Cable $1,044.00 3.6 $290.00 schedule A (3.6)
Identify documents to send to Bill Hahn for conference call and correspond with Bill re
11/28/2012 Moody, Brad C. $73.50 0.3 $245.00 same
Telephone conference with Larry Keene and Cable Frost re Keene's expert review of
11/28/2012 Moody, Brad C. $441.00 1.8 $245.00 case
11/28/2012 Moody, Brad C. $367.50 1.5 $245.00 [REDACTED\]
Telephone call to Bill Hahn re issues with damages calculations and need for a
11/28/2012 Moody, Brad C. $49.00 0.2 $245.00 conference call with Dr. Brooking
11/28/2012 Moody, Brad C. $196.00 0.8 $245.00 Telephone conference with Bill Hahn and Dr. Brooking re damages issues
Draft/revise correspondence to client re update on discovery process and issues with
11/28/2012 Moody, Brad C. $98.00 0.4 $245.00 witnesses identified by JBS
Review list of invoices needed as compiled by Dr. Brooking and correspond with Bill
11/28/2012 Moody, Brad C. $73.50 0.3 $245.00 Hahn re same
11/28/2012 Moody, Brad C. $73.50 0.3 $245.00 Draft/revise second good faith letter to JBS' counsel
11/28/2012 Moody, Brad C. $49.00 0.2 $245.00 Correspond with Larry Keene re expert review of case
11/28/2012 Moody, Brad C. $196.00 0.8 $245.00 Telephone conferences with Dr. Brooking re issues with damages calculations
11/28/2012 Moody, Brad C. $171.50 0.7 $245.00 Evaluate issues raised by Larry Keene and identify questions to pose to client
Correspond with Dr. Brooking re conference call with Bill Hahn and documents to
11/28/2012 Moody, Brad C. $49.00 0.2 $245.00 discuss
Review documents and draft agenda to prepare for call with Larry Keene re expert
11/28/2012 Moody, Brad C. $563.50 2.3 $245.00 opinions
11/28/2012 Moody, Brad C. $98.00 0.4 $245.00 Review documents received from Bill Hahn and forward same to Dr. Brooking
Review supplemental disclosure from JBS Carriers and evaluate additional witnesses to
11/28/2012 Moody, Brad C. $147.00 0.6 $245.00 depose
Analyze and identify deadlines in Text Order to Set/Reset Scheduling Order
Deadlines/Hearings: Designate Experts Plaintiff Deadline due by 12/5/2012 Designate
11/28/2012 Craft, Julie $24.00 0.2 $120.00 Experts for Defendant Deadline due by 1/18/2013
Conference with M. Bernier re need for production log of JBS documents and related
11/28/2012 Craft, Julie $24.00 0.2 $120.00 issues
Examine documents produced by KLLM and documents produced by JBS and obtain
needed documentation for witness folders for review by attorneys in preparation for
11/28/2012 Summers, Melissa $696.00 5.8 $120.00 upcoming depositions
Exchange emails with Bill Hahn, Brandon Woods, and Monty Epps regarding potential
11/28/2012 Bernier, Michael $122.50 0.5 $245.00 JBS/Pilgrim's Pride deponents
Prepare JBS Carriers production log to provide details of voluminous document
production to facilitate review of materials during discovery; review documents
11/29/2012 Cook, Dale $720.00 6 $120.00 produced re same
Revise/edit 30(b)(6) deposition notice for JBS Carriers; Finalize revisions and edits to
KLLM's motion for summary judgment; confer with Mike Bernier and Brad Moody
regarding procedural issues associated with motion for summary judgment;
communications with client team and KLLM regarding upcoming depositions as well as
JBS's attempts to confuse discovery with numerous witnesses; receive and review
KLLM's damages expert's report; confer with Brad Moody regarding same; prepare for
and participatein conference call with Bill Hahn and Brandon Woods to discuss
[REDACTED\]
receive and review additional spreadsheets and invoices regarding
billing practices and equipment allocation under Schedule A; receive and review
additional correspondence from JBS regarding upcoming depositions as well as
additional discovery; review certain emails in order to determine whether certain
loads are not allocated to KLLM as punishment for missing others as described in email
11/29/2012 Frost, Cable $1,537.00 5.3 $290.00 from Mark Norman to Lee Blackmon (5.3)
Compare Dr. Brooking's damages calculation and compare same to damages provided
11/29/2012 Moody, Brad C. $49.00 0.2 $245.00 in initial disclosures
11/29/2012 Moody, Brad C. $122.50 0.5 $245.00 Telephone conference with Dr. Brooking re calculation of damages
11/29/2012 Moody, Brad C. $661.50 2.7 $245.00 Continue reviewing documents addressing defenses raised by JBS Carriers
11/29/2012 Moody, Brad C. $73.50 0.3 $245.00 Draft/revise email to client outlining damages calculations from Dr. Brooking
11/29/2012 Moody, Brad C. $441.00 1.8 $245.00 Review documents and draft agenda for call with Bill Hahn and Brandon Wood
Conference call with Bill Hahn and Brandon Wood re issues with Schedule A raised by
11/29/2012 Moody, Brad C. $318.50 1.3 $245.00 JBS Carriers
11/29/2012 Moody, Brad C. $784.00 3.2 $245.00 Draft/revise 30(b)(6) deposition notice for JBS Carriers
11/29/2012 Moody, Brad C. $318.50 1.3 $245.00 [REDACTED\]
Review of communications regarding scope and breadth of possible depositions in
case; Response to Jim Richards and Terry Thornton; communications with S. Kenneti
11/29/2012 Yarborough, Richar $232.00 0.8 $290.00 regarding claim status
Prepare electronic witness folders for review by attorneys in preparation for upcoming
11/29/2012 Craft, Julie $588.00 4.9 $120.00 depositions
11/29/2012 Craft, Julie $12.00 0.1 $120.00 Conference with M. Bernier re motion for summary judgment and related tasks
Examine documents produced by KLLM and documents produced by JB5 and obtain
needed documentation for witness folders for review by attorneys in preparation for
11/29/2012 Summers, Melissa $744.00 6.2 $120.00 upcoming depositions
Send email to Steve Szabo regarding former KLLM employees; draft Supplemental Rule
26 Disclosure; conduct research regarding discoverability of financial records; draft
Motion for Summary Judgment; revise Memorandum in Support of Motion for
11/29/2012 Bernier, Michael $1,176.00 4.8 $245.00 Summary Judgment
Analyze and identify key documents produced by all parties in preparation for
upcoming depositions; prepare electronic witness folders for review by attorneys in
11/30/2012 Cook, Dale $780.00 6.5 $120.00 preparation for upcoming depositions; confer with Julie Craft re same
Confer with Brad Moody and others regarding upcoming depositions and witnesses;
review witness materials in order to begin preparations for depositions;
[REDACTED\] prepare for and participate
in conference call with industry standard expert and KLLM personnel to discuss
opinions and nuances associated with Schedule A and equipment obligations for
same; confer with Brad Moody and Mike Bernier regarding documents produced and;
need to supplemental prior to expert disclosures;
11/30/2012 Frost, Cable $1,218.00 4.2 $290.00 [REDACTED\]
Conference call with Blue Keene, Bill Hahn and Brandon Woods to discuss issues raised
11/30/2012 Moody, Brad C. $416.50 1.7 $245.00 by Blue in his expert review of the case
Review documents and emails provided by Brandon Woods re disruption of
11/30/2012 Moody, Brad C. $196.00 0.8 $245.00 operations caused by closure of PPC's Dallas plant
11/30/2012 Moody, Brad C. $269.50 1.1 $245.00 [REDACTED\]
11/30/2012 Moody, Brad C. $98.00 0.4 $245.00 Conference call with Blue Keene to discuss remaining issues with his expert review
11/30/2012 Moody, Brad C. $416.50 1.7 $245.00 Continue reviewing documents to prepare for upcoming depositions
Review documents and draft agenda for call with Blue Keene, Bill Hahn and Brandon
11/30/2012 Moody, Brad C. $392.00 1.6 $245.00 Woods
11/30/2012 Moody, Brad C. $73.50 0.3 $245.00 Correspond with client re Blue Keene's expert opinions
11/30/2012 Moody, Brad C. $171.50 0.7 $245.00 Draft/revise third set of discovery requests
11/30/2012 Moody, Brad C. $49.00 0.2 $245.00 Correspond with Bill Hahn to follow up on issues raised by Blue Keene
Review correspondence from counsel for JBS re depositions; review memorandum
from JBS's counsel re availability of witnesses requested for deposition; identify issues
11/30/2012 Moody, Brad C. $196.00 0.8 $245.00 to raise with JBS' counsel re depositions in Colorado
Revise KLLM's Memorandum in Support of Motion for Partial Summary Judgment and
11/30/2012 Craft, Julie $48.00 0.4 $120.00 electronically submit same to Court
11/30/2012 Craft, Julie $60.00 0.5 $120.00 Analyze and identify exhibits to KLLM's Motion for Partial Summary Judgment
Revise KLLM's Motion for Partial Summary Judgment and electronically submit same
11/30/2012 Craft, Julie $36.00 0.3 $120.00 to Court
Analyze and update attorney notebooks re KLLM's Motion and Memorandum in
Support of Motion for Partial Summary Judgment, Notice of Deposition of JBS Carriers
11/30/2012 Craft, Julie $48.00 0.4 $120.00 and Notice of Deposition of Pilgrims' Pride, as submitted by Court
Prepare electronic witness folders for review by attorneys in preparation for upcoming
11/30/2012 Craft, Julie $300.00 2.5 $120.00 depositions
Draft and revise Motion for Partial Summary Judgment; draft and revise Memorandum
in Support of Motion for Partial Summary Judgment; conduct research regarding
11/30/2012 Bernier, Michael $759.50 3.1 $245.00 KLLM's duty to mitigate lost profit damages
Analyze and identify key documents produced by all parties in preparation for
upcoming depositions; prepare electronic folders for review by attorneys in
12/3/2012 Cook, Dale $564.00 4.7 $120.00 preparation of same
Revise/edit KLLM's expert reports; review chart from Bill Hahn detailing over the road
claims versus dedicated claims; participate in conference call regarding same; prepare
for and participate in conference call with Lyle Robinson regarding upcoming
depositions as well as discovery and expert issues; begin preparations for 30(b)(6)
12/3/2012 Frost, Cable $1,102.00 3.8 $290.00 depositions for JBS and PPC
Review correspondence from Bill Hahn re questions raised by Blue Keene re claims
12/3/2012 Moody, Brad C. $49.00 0.2 $245.00 made by Pilgrim's Pride
12/3/2012 Moody, Brad C. $147.00 0.6 $245.00 Identify additional documents to provide to Blue Keene and forward same
12/3/2012 Moody, Brad C. $73.50 0.3 $245.00 Draft/revise correspondence to client updating on damages report
12/3/2012 Moody, Brad C. $318.50 1.3 $245.00 Multiple telephone conferences with Dr. Brooking re draft damages figures
12/3/2012 Moody, Brad C. $343.00 1.4 $245.00 Continue revising and editing expert report of Blue Keene
12/3/2012 Moody, Brad C. $122.50 0.5 $245.00 Prepare spreadsheet created by Bill Hahn to send to Blue Keene
12/3/2012 Moody, Brad C. $196.00 0.8 $245.00 Review drafts of damages tables from Dr. Brooking
Telephone conferences with Bill Hahn and Brandon Wood re issues for Blue Keene's
12/3/2012 Moody, Brad C. $122.50 0.5 $245.00 report
12/3/2012 Moody, Brad C. $73.50 0.3 $245.00 Correspond with Blue Keene re draft of expert report
Prepare for and participate in lengthy conference call with counsel for JBS Carriers re
12/3/2012 Moody, Brad C. $416.50 1.7 $245.00 upcoming depositions, motion for summary judgment and other discovery issues
12/3/2012 Moody, Brad C $514.50 2.1 $245.00 Begin drafting and revising response to JBS Carriers' motion to compel
Review of motion of partial Si and memo in support; Review damages calculation
12/3/2012 Yarborough, Richar $232.00 0.8 $290.00 prepared by Dr. Brooking; Communications with B. Moody and C. Frost re same
12/3/2012 Craft, Julie $24.00 0.2 $120.00 Analyze and categorize Claims Overview document and prepare same for production
Draft document request to KLLM and send same to Terry Thornton; conduct research
regarding ambiguity in contracts under Mississippi law and acceptance of parol
12/3/2012 Bernier, Michael $171.50 0.7 $245.00 evidence
12/4/2012 Cook, Dale $372.00 3.1 $120.00 Work on updating JBS Carriers production log; review documents produced re same
Continue preparing electronic folders for review by attorneys in preparation for
12/4/2012 Cook, Dale $180.00 1.5 $120.00 upcoming depositions
Continue preparation for upcoming 30(b)(6) depositions as well as fact depositions of
JBS and PPC personnel; review email correspondence and documents in preparation
12/4/2012 Frost, Cable $1,073.00 3.7 $290.00 for same
12/4/2012 Moody, Brad C. $220.50 0.9 $245.00 Analyze draft report from Dr. Brooking
12/4/2012 Moody, Brad C. $98.00 0.4 $245.00 Telephone conference with Blue Keene re final opinions and draft of his report
12/4/2012 Moody, Brad C. $98.00 0.4 $245.00 Draft/revise expert designation
12/4/2012 Moody, Brad C. $196.00 0.8 $245.00 Analyze cost spreadsheets to evaluate for production
12/4/2012 Moody, Brad C. $49.00 0.2 $245.00 Correspond with Terry Thornton re [REDACTED\]
12/4/2012 Moody, Brad C. $294.00 1.2 $245.00 Continue revising and editing expert report of Blue Keene
Analyze additional emails from Brandon Woods
12/4/2012 Moody, Brad C. $245.00 1 $245.00 [REDACTED\]
12/4/2012 Craft, Julie $36.00 0.3 $120.00 Analyze recent pleadings, documents and update attorney notebooks accordingly
Exchange emails with Steve Szabo regarding terminated employees; exchange emails
with Brandon Woods regarding terminated employees; review and analyze
information regarding KLLM employees to ascertain whom to identify as a potential
12/4/2012 Bernier, Michael $196.00 0.8 $245.00 trial witness
Review key documents and prepare same to be added to electronic site for
production; continue review of JBS documents produced and update production log
12/5/2012 Cook, Dale $312.00 2.6 $120.00 identifying same
Review draft designation of experts; review final expert reports before filing; continue
12/5/2012 Frost, Cable $1,479.00 5.1 $290.00 email review and preparation for upcoming depositions in Colorado
12/5/2012 Moody, Brad C. $98.00 0.4 $245.00 Telephone conference with Dr. Brooking to finalize his expert report
12/5/2012 Moody, Brad C. $171.50 0.7 $245.00 Telephone conference with Blue Keene re final report
12/5/2012 Moody, Brad C. $122.50 0.5 $245.00 [REDACTED\]
12/5/2012 Moody, Brad C. $49.00 0.2 $245.00 Correspond with Blue Keene re expert report
Review correspondence and memo from counsel for JBS Carriers re scheduling of
12/5/2012 Moody, Brad C. $147.00 0.6 $245.00 depositions in Greeley; analyze order of witnesses and respond to counsel's email
12/5/2012 Moody, Brad C. $49.00 0.2 $245.00 Revise and edit list of witnesses to be deposed
Analyze proposed deposition schedule and conference with Cable Frost re witness
12/5/2012 Moody, Brad C. $171.50 0.7 $245.00 assignment and issues with 30(b)(6) depositions
Review correspondence from counsel for JBS Carriers re deposition schedule in
12/5/2012 Moody, Brad C. $73.50 0.3 $245.00 Colorado and other discovery issues
12/5/2012 Moody, Brad C. $24.50 0.1 $245.00 Correspond with counsel for JBS Carriers re expert report
Continue drafting and revising response to JBS Carriers' motion to compel to address
12/5/2012 Moody, Brad C. $661.50 2.7 $245.00 request for all information relating to contract with Tyson Foods
Phone conversation with Brandon Woods regarding Dallas closure; review and analyze
emails from Brandon Woods for production; review and analyze emails of prospective
12/5/2012 Bernier, Michael $416.50 1.7 $245.00 deponents
Continue review of JBS documents produced and update production log identifying
12/6/2012 Cook, Dale $432.00 3.6 $120.00 same; e-file KLLM's Response in Opposition to Defendant's Motion to Compel
Prepare for and participate in conference call with counsel for JBS regarding upcoming
depositions and discovery issues; additional conference call with counsel for JBS
regarding expert designations and timing of responses due to motion to dismiss;
continue work on 30(b)(6) depositions topics and outlines for upcoming depositions;
confer with Brad Moody and Mike Bernier regarding need to supplement KLLM's initial
12/6/2012 Frost, Cable $1,595.00 5.5 $290.00 disclosures to identify additional witnesses and documents
12/6/2012 Moody, Brad C. $49.00 0.2 $245.00 Correspond with Jim Richards and Terry Thornton re [REDACTED\]
Continue drafting and revising response to motion to compel to distinguish cases
12/6/2012 Moody, Brad C. $416.50 1.7 $245.00 relied upon by JBS Carriers
Revise, edit and finalize response to JBS Carriers' motion to compel and review
12/6/2012 Moody, Brad C. $343.00 1.4 $245.00 finalized exhibits for same to prepare for filing
12/6/2012 Moody, Brad C. $73.50 0.3 $245.00 Receive and review resume from Blue Keene
Continue drafting and revising response to motion to compel to address request for
12/6/2012 Moody, Brad C. $514.50 2.1 $245.00 financial information of KLLM
Review of expert reports prepared by Brooking and Keene; Communications with
12/6/2012 Yarborough, Richar $232.00 0.8 $290.00 client and counsel re same
12/6/2012 Bernier, Michael $343.00 1.4 $245.00 Draft and revise Supplemental Rule 26 witness disclosure
Continue preparations for upcoming depositions in Colorado of fact and 30(b)(6)
witnesses; confer With Brad Moody regarding [REDACTED\]
12/7/2012 Frost, Cable $1,334.00 4.6 $290.00 confer with Steve Kennedy regarding same
12/7/2012 Moody, Brad C. $441.00 1.8 $245.00 Review witness folder for Brianna Cole to begin preparing for upcoming depositions
12/7/2012 Moody, Brad C. $539.00 2.2 $245.00 Review witness folder for Clay Matthews to prepare for upcoming depositions
12/7/2012 Moody, Brad C. $294.00 1.2 $245.00 Review witness folder for Nick White to prepare for upcoming depositions
12/7/2012 Moody, Brad C. $49.00 0.2 $245.00 Conference with Cable Frost to discuss deposition issues
12/7/2012 Craft, Julie $456.00 3.8 $120.00 Begin to analyze and categorize multiple spreadsheets for production
Exchange emails with Terry Thornton regarding satellite tracking; review and analyze
12/7/2012 Bernier, Michael $343.00 1.4 $245.00 JBS Carriers and Pilgrim's Pride documents to prepare deposition materials
12/8/2012 Moody, Brad C. $367.50 1.5 $245.00 Review witness folder for Stanley Skinner to prepare for depositions
12/8/2012 Moody, Brad C. $441.00 1.8 $245.00 Review witness folder for David Hopwood to prepare for depositions
Draft letter to JBS' counsel in response to his November 16, 2012 discovery letter;
review and analyze JBS Carriers and Pilgrim's Pride documents to prepare deposition
12/9/2012 Bernier, Michael $710.50 2.9 $245.00 materials
Continue preparing electronic witness folders for review by attorneys in preparation
12/10/2012 Cook, Dale $612.00 5.1 $120.00 for upcoming depositions
Begin review and analysis of documents and other materials in order to prepare for
depositions of 12 PPC deponents next week; confer with Brad Moody regarding charts
and materials needed for depositions; confer with KLLM personnel regarding
analysis of customer claims; receive and review letter from counsel for JBS regarding
discovery dispute and additional materials requested from expert witnesses; draft
response to counsel for JBS; begin preparation of outlines for upcoming fact and
12/10/2012 Frost, Cable $1,827.00 6.3 $290.00 30(b)(6) witness depositions
Review correspondence from defense counsel re departure of David Hopwood from
12/10/2012 Moody, Brad C. $24.50 0.1 $245.00 PPC and evaluate options for deposing him
12/10/2012 Moody, Brad C. $73.50 0.3 $245.00 Analyze discovery issues raised by email from defense counsel
12/10/2012 Moody, Brad C. $294.00 1.2 $245.00 Review witness folder for Lauren Chapmon to prepare for depositions
12/10/2012 Moody, Brad C. $539.00 2.2 $245.00 Continue reviewing documents to compile folder of most important documents
12/10/2012 Moody, Brad C. $98.00 0.4 $245.00 Correspond with Bill Hahn re additional information needed in claims spreadsheet
12/10/2012 Moody, Brad C. $196.00 0.8 $245.00 Review and finalize documents for supplemental production
12/10/2012 Moody, Brad C. $710.50 2.9 $245.00 Review witness folder for Amy Weichel Palmer to prepare for upcoming depositions
12/10/2012 Craft, Julie $12.00 0.1 $120.00 Correspond with court reporter re deposition schedule
12/10/2012 Craft, Julie $288.00 2.4 $120.00 Analyze documents produced by KLLM and itemize same in Production Log
12/10/2012 Craft, Julie $288.00 2.4 $120.00 Complete analysis and categorization of multiple spreadsheets for production
Prepare correspondence to Lyle Robinson re production of documents and prepare
12/10/2012 Craft, Julie $36.00 0.3 $120.00 electronic version of same
12/10/2012 Craft, Julie $24.00 0.2 $120.00 Conference with B. Moody re deposition schedule, key documents and related tasks
12/10/2012 Summers, Melissa $300.00 2.5 $120.00 Deposition prep for upcoming fact witnesses depositions
Draft letter to JBS' counsel in response to his November 16, 2012 discovery letter;
review and analyze JBS Carriers and Pilgrim's Pride documents to prepare deposition
materials; exchange emails with Brandon Woods regarding David Hopwood; review
and analyze tractor lease received from Terry Thornton; draft Amended Responses to
12/10/2012 Bernier, Michael $955.50 3.9 $245.00 JBS' First Set of Interrogatories and Requests for Production
Continue preparing electronic witness folders for review by attorneys in preparation
for upcoming depositions; continue review JBS documents produced and update
12/11/2012 Cook, Dale $504.00 4.2 $120.00 production accordingly
Receive and review JBS's response to KLLM's 30(b)(6) deposition notices; receive
additional information from KLLM regarding customer claims; receive and review
counsel for JBS's stipulation with regarding to authenticity of documents; confer with
Brad Moody regarding timeline of key events; revise/edit same; continue review of
emails and documents in order to prepare for upcoming depositions of fact and
12/11/2012 Frost, Cable $1,972.00 6,8 $290.00 30(b)(6) witnesses; draft outlines for same
12/11/2012 Moody, Brad C. $98.00 0.4 $245.00 Revise and edit letter to defense counsel re discovery issues
Correspond with counsel for JBS Carriers re scheduling issues for depositions in
12/11/2012 Moody, Brad C. $49.00 0.2 $245.00 Greeley
12/11/2012 Moody, Brad C. $49.00 0.2 $245:00 Correspond with Bill Hahn re issues with claims made by Pilgrim's Pride
Review and analyze responses and objections to 30(b)(6) deposition notice for
12/11/2012 Moody, Brad C. $171.50 0.7 $245.00 Pilgrim's Pride
Review and analyze voluminous sets of emails provided by Brandon Woods to refute
12/11/2012 Moody, Brad C. $465.50 1.9 $245.00 claims of service issues raised by JBS Carriers and Pilgrim's Pride
Identify critical documents to discuss with Brandon Woods and forward same to him
12/11/2012 Moody, Brad C. $220.50 0.9 $245.00 for review and explanation
Analyze Fifth Circuit law to prepare good faith letter addressing improper objections
12/11/2012 Moody, Brad C. $392.00 1.6 $245.00 raised in responses to 30(b)(6) deposition notices
Review and analyze responses and objections to 30(b)(6) deposition notice for JBS
12/11/2012 Moody, Brad C. $196.00 0.8 $245.00 Carriers
Revise and edit spreadsheet compiled by Bill Hahn re claims issues and forward same
12/11/2012 Moody, Brad C. $196.00 0.8 $245.00 to him with list of additional information needed
Prepare Notice of Intent to Serve Subpoena Upon Lauren Chapmon and electronically
12/11/2012 Craft, Julie $36.00 0.3 $120.00 submit same to Court and all counsel
Identify additional documents necessary for upcoming depositions and begin
12/11/2012 Craft, Julie $336.00 2.8 $120.00 preparation of notebooks
12/11/2012 Craft, Julie $36.00 0.3 $120.00 Prepare Subpoena to be served upon Lauren Chapmon
Prepare Notice of Depositions to be taken on December 18, 2012 and electronically
12/11/2012 Craft, Julie $48.00 0.4 $120.00 submit same to Court and all counsel
Analyze and update attorney notebooks re Responses and Objections to Notices to
Take 30(b)(6) Depositions of JBS Carriers and Pilgrim's Pride; Conference with attorney
12/11/2012 Craft, Julie $36.00 0.3 $120.00 re same, related tasks
Analyze and identify documents for production to expert Larry Keene and overnight
12/11/2012 Craft, Julie $120.00 1 $120.00 same for his review
Prepare Notice of Depositions to be taken on December 19, 2012 and electronically
12/11/2012 Craft, Julie $48.00 0.4 $120.00 submit same to Court and all counsel
12/11/2012 Craft, Julie $36.00 0.3 $120.00 Prepare Subpoena to be served upon David Hobwood
Prepare Notice of Depositions to be taken on December 17, 2012 and electronically
12/11/2012 Craft, Julie $48.00 0.4 $120.00 submit same to Court and all counsel
Prepare Notice of Intent to Serve Subpoena Upon David Hobwood and electronically
12/11/2012 Craft, Julie $36.00 0.3 $120.00 submit same to Court and all counsel
Analyze recently obtained documents produced by KLLM and JBS for fact witnesses;
obtain needed documents for preparation in upcoming depositions; and revise
12/11/2012 Summers, Melissa $348.00 2.9 $120.00 witness folders to include same
Send email to Terry Thornton regarding termination provision in tractor lease; draft
12/11/2012 Bernier, Michael $931.00 3.8 $245.00 Amended Responses to JBS's First Set of Interrogatories and Requests for Production
Continue preparing electronic witness folders for review by attorney in preparation for
12/12/2012 Cook, Dale $288.00 2.4 $120.00 upcoming depositions; work on JBS production log updating same
Receive and review draft motion from counsel for JBS regarding extension of time to
respond to KLLM's motion to dismiss; conduct internet research regarding public
filings and statements of JBS and PPC with regarding to dedicated services and
KLLM's performance; draft email correspondence to Mike Bernier requesting that he
continue search of SEC and Investor related documents [REDACTED\]
continue examination of documents and emails in order to
prepare for upcoming depositions in Colorado; continue draft of outlines for fact and
12/12/2012 Frost, Cable $1,421.00 4.9 $290 00 30(b)(6) depositions
12/12/2012 Moody, Brad C. $24.50 0.1 $245 00 Correspond with counsel for JBS re deposition schedule
Revise and edit good faith letter to counsel for IBS Carriers detailing why objections to
12/12/2012 Moody, Brad C $465.50 1.9 $245.00 30(b)(6) topics are improper
12/12/2012 Moody, Brad C $318.50 1.3 $245.00 Draft/revise timeline of key events
Analyze and identify documents to include in timeline for key events and update
12/12/2012 Craft, Julie $516.00 4.3 $120.00 same; Additional work to gather documents and prepare for upcoming depositions
Prepare copies of pleadings needed for depositions and prepare documents produced
12/12/2012 Summers, Melissa $216.00 1.8 $120.00 by KLLM and JBS for depositions
12/12/2012 Summers, Melissa $288.00 2.4 $120.00 Finalize KLLM's production log indexing documents produced
Draft and revise Amended Responses to First Sets of Interrogatories and Requests for
Production; phone conversation Steve Szabo regarding employee termination issue;
draft and revise Responses to JBS Carriers Third Set of Interrogatories and Requests for
12/12/2012 Bernier, Michael $514.50 2.1 $245.00 Production
Finish review of IBS documents produced and updating production log re same;
prepare hot document produced for attorney review for preparation of upcoming
12/13/2012 Cook, Dale $588.00 4.9 $120.00 depositions; prepare documents to be shipped to upcoming deposition site
Prepare for and participate in conference call with Brandon Woods to review multiple
documents needed to depose JBS's witnesses and gain a better understanding of day
to day operations; confer with Brad.Mooduegarding,same as well as division of duties
for upcoming witnesses; continue work on deposition outline and documents to be
used with Clay Matthews; begin work on deposition outlines and identifying
documents to be used with Nick White and Briana Cole; continue work on other
12/13/2012 Frost, Cable $2,117.00 7.3 $290.00 witnesses to be deposed next week
Conference call with counsel for JBS Carriers to try to work through issues arising from
12/13/2012 Moody, Brad C. $416.50 1.7 $245.00 JBS' objections to 30(b)(6) deposition topics
Telephone conference with Brandon Woods re details of Schedule A operations to
12/13/2012 Moody, Brad C. $416.50 1.7 $245.00 prepare for upcoming depositions
Review and highlight documents to use as exhibits for deposition of Amy Weichel
12/13/2012 Moody, Brad C. $269.50 1.1 $245.00 Palmer
Multiple e-mails with Brandon Woods re questions raised through emails provided by
12/13/2012 Moody, Brad C. $147.00 0.6 $245.00 Brandon to refute claims of service issues
Review additional e-mails provided by Brandon Woods to refute claims of service
issues raised by JBS Carriers and Pilgrim's Pride and compare with complaint emails
12/13/2012 Moody, Brad C. $514.50 2.1 $245.00 produce by JBS Carriers
12/13/2012 Moody, Brad C. $514.50 2.1 $245.00 Draft/revise outline for deposition of Amy Weichel Palmer
12/13/2012 Yarborough, Richar $145.00 0.5 $290.00 Review of deposition schedule, orders entered in case and related issues
Revisions and additions to time line for use during upcoming depositions; Conference
with B. Moody, C. Frost re additional documents needed for upcoming depositions
and related tasks; Additional work to gather documents and prepare for upcoming
depositions; Analyze and categorize additional documents for production; Redact
same; Correspondence to all counsel forwarding newly produced documents; Prepare
12/13/2012 Craft, Julie $588.00 4.9 $120.00 documents to ship to deposition location
Prepare copies of pleadings needed for depositions and prepare documents produced
12/13/2012 Summers, Melissa $228.00 1.9 $120.00 by KLLM and JBS for depositions
Conduct research into JBS Carriers' and Pilgrim's Pride's public filings and news
releases regarding representations made about consolidating business and
restructuring Pilgrim's Pride; review and analyze emails for production; draft
12/13/2012 Bernier, Michael $931.00 3.8 $245.00 Responses to JBS Carriers' Third Set of Interrogatories and Requests for Production
Continue drafts of deposition outlines for the 30(b)(6) examination of Brianna Cole
and Nick White; continue work on Clay Matthews individual and 30(b)(6) deposition
outline; identify additional documents to use with each witness; begin preparations for
analysis of documents and questions for Brianna Cole and Nick White individually;
continue work an deposition outlines and documents of Jayson Penn and Walt
12/14/2012 Frost, Cable $1,682.00 5.8 $290.00 Schaffer
12/14/2012 Moody, Brad C. $196.00 0.8 $245.00 Revise and edit response to third set of discovery propounded by JBS Carriers
Correspond with Bill Hahn and Jamie Berry re information about claims submitted by
PPC; review revised chart with new information about those claims received from Bill
12/14/2012 Moody, Brad C. $98.00 0.4 $245.00 and Jamie
12/14/2012 Moody, Brad C. $294.00 1.2 $245.00 Review and highlight documents to use as exhibits for Lauren Chapman's deposition
12/14/2012 Moody, Brad C. $367.50 1.5 $245.00 Review and highlight documents to use as exhibits for David Hopwood's deposition
12/14/2012 Moody, Brad C. $343.00 1.4 $245.00 Review and highlight documents to use as exhibits for Tabitha Schetko's deposition
12/14/2012 Moody, Brad C. $416.50 1.7 $245.00 Review and highlight documents to use as exhibits for Stanley Skinner's deposition
12/14/2012 Moody, Brad C. $122.50 0.5 $245.00 Identify documents to use to impeach testimony of Brianna Cole
Analyze and catetorize additional emails and spreadsheet for production today;
prepare electronic copy of file for use by attorneys; prepare additional documents to
shipment of documents to Colorado; Correspondence to all counsel re today's
production of documents; Update attorney notebooks re JBS Carriers's Unopposed
Motion for Extension of Time and Order Granting Same;lUpdate attorney notebooks
12/14/2012 Craft, Julie $420.00 3.5 $120.00 re Stipulation Regarding Authenticity of Documents
Create exhibit folders for depositions, update production log, examine new
documents produced for witness and update witness folders with same, and work on
12/14/2012 Summers, Melissa $348.00 2.9 $120.00 document production
Draft and revise Responses to JBS Carriers' Third Set of Interrogatories and Requests
for Production; exchange emails with Steve Szabo regarding employment status of non
driver employees assigned to Pilgrim's Pride dedicated agreement; exchange emails
with Brandon Woods regarding timeline of transfer of employees from Mt. Pleasant to
12/14/2012 Bernier, Michael $441.00 1.8 $245.00 Terrell, Texas
Prepare for 30(b)(6) and fact witness depositions of JBS and PPC; draft outlines for
12/15/2012 Frost, Cable $1,827.00 6.3 $290.00 same and identify key documents
12/15/2012 Moody, Brad C. $514.50 2.1 $245.00 Draft/revise outline for deposition of David Hopwood
12/15/2012 Moody, Brad C. $441.00 1.8 $245.00 Draft/revise deposition outline for Tabitha Schetko
12/15/2012 Moody, Brad C. $539.00 2.2 $245.00 Draft/revise outline for deposition of Stanley Skinner
12/15/2012 Moody, Brad C. $49.00 0.2 $245.00 Correspond with Jim Richards and Terry Thornton re depositions of KLLM employees
12/15/2012 Moody, Brad C. $220.50 0.9 $245.00 Draft/revise outline for deposition of Lauren Chapmon
Prepare for 30(b)(6) and fact witness depositions of JBS and PPC; draft outlines for
same and identify key documents; travel to Denver for depositions, continue work on
12/16/2012 Frost, Cable $2,958.00 10.2 $290.00 outlines for depositions
12/16/2012 Moody, Brad C. $1,837.50 7.5 $245.00 Travel from Jackson to Loveland, CO for depositions
12/17/2012 Frost, Cable $2,697.00 9.3 $290.00 Prepare for an participate in 30(b)(6) and fact witness depositions of MS and PPC
12/17/2012 Moody, Brad C. $2,254.00 9.2 $245.00 Conduct depositions of JBS and Pilgrim's Pride employees
12/17/2012 Moody, Brad C. $367.50 1.5 $245.00 Continue preparing for depositions of Stanley Skinner and Lauren Chapmon
12/17/2012 Moody, Brad C. $441.00 1.8 $245 00 Continue preparing for depositions of Amy Wiechel Palmer and David Hopwood
Prepare Notice of Service of KLLM's Response to Third Set of Interrogatories and
Requests for Production of Documents and electronically submit same; Forward
Notice and Responses to all counsel of record; Update attorney notebooks
12/17/2012 Craft, Julie $72.00 0.6 $120.00 accordingly.
Analyze and update attorney notebooks re JBS Carriers's Reply Brief in Support of
12/17/2012 Craft, Julie $24.00 0.2 $120 00 Motion to Compel; Forward same to attorneys for review
12/17/2012 Craft, Julie $24.00 0.2 $120.00 Analyze case documentation in preparation for status conference
Revise KLLM's Responses to JBS Carriers' Third Set of Interrogatories and Requests for
12/17/2012 Bernier, Michael $196.00 0.8 $245.00 Production; analyze discovery correspondence from _IBS' counsel
12/18/2012 Frost, Cable $2,784.00 9.6 $290 00 Prepare for an participate in 30(b)(6) and fact witness depositions of JBS and PPC
12/18/2012 Moody, Brad C. $2,327.50 9.5 $245.00 Conduct depositions of JBS and Pilgrim's Pride employees
12/18/2012 Moody, Brad C. $269.50 1.1 $245.00 Continue preparing for depositions
12/18/2012 Bernier, Michael $73.50 0.3 $245.00 Amend witness list in Rule 26 initial Disclosure
Continue preparing electronic and hard witness folders for review by attorneys in
12/19/2012 Cook, Dale $420.00 3.5 $120.00 preparation to defend depositions of KLLM employees
12/19/2012 Frost, Cable $2,658.00 9.2 $290.00 Prepare for an participate in 30(b)(6) and fact witness depositions of JBS and PPC
12/19/2012 Moody, Brad C. $294.00 1.2 $245.00 Continue preparing for depositions
12/19/2012 Moody, Brad C. $1,715.00 7 $245.00 Conduct depositions of JBS and Pilgrim's Pride witnesses
12/19/2012 Moody, Brad C. $357.50 1.5 $245.00 Travel to Denver, CO from Greeley for flight to Jackson next day
Review and analyze produced documents to prepare deposition materials for KLLM's
12/19/2012 Bernier, Michael $710.50 2.9 $245.00 witnesses
Continue preparing electronic and hard witness folders for review by attorneys in
12/20/2012 Cook, Dale $600.00 5 $120.00 preparation to defend depositions of KLLM employees
Return from 30(b)(6) and fact witness depositions of .1135 and PPC; begin analysis and
12/20/2012 Frost, Cable $2,494.00 8.6 $290.00 summary
12/20/2012 Moody, Brad C. $2,009.00 8.2 $245.00 Return to Jackson from Denver, CO
Analyze and identify documents to include in witness folders of J. Richards, T.
Thornton, B. Hahn, B. Woods and M. Epps; Conference with M. Bernier re forwarding
witness notebooks to witnesses for review prior to depositions; Prepare electronic
versions of witness folders; Correspondence to J. Richards; Correspondence to T.
Thornton; Correspondence to B. Hahn; Correspondence to B. Woods; Correspondence
12/20/2012 Craft, Julie $492.00 4.1 $120.00 to M. Epps
Prepare copies of pleadings needed for depositions and prepare documents produced
12/20/2012 Summers, Melissa $48.00 0.4 $120.00 by KLLM and JBS for depositions
Supplement Rule 26 Initial Disclosure computation of damages to reflect damages
12/20/2012 Bernier, Michael $441.00 1.8 $245.00 expert's report
Begin preparations for upcoming KLLM depositions;
confer with Bernier and Moody re KLLM prep and additional materials needed
12/21/2012 Frost, Cable $1,102.00 3.8 $290.00 from JBS
12/21/2012 Moody, Brad C. $147.00 0.6 $245.00 Revise and edit response to good faith letter from counsel for JBS
12/21/2012 Craft, Julie $24.00 0.2 $120.00 Update to KLLM's Production Log re KLLM-JBS 002967-KLLM-JBS 002974
12/21/2012 Craft, Julie $36.00 0.3 $120.00 Analyze and itemize lease for production (KLLM-JBS 002967-KLLM-JBS 002974)
Analyze JB5 Carriers's Notice of 30(b)(6) Deposition and Request for Production of
12/21/2012 Craft, Julie $24.00 0.2 $120.00 Documents to KLLM; calendar same
Analyze JBS Carriers's Notice of Service of Response to Plaintiff's Second Set of
12/21/2012 Craft, Julie $24.00 0.2 $120.00 Interrogatories; Verify that Response document has not been received
Analyze JBS Carriers's Notice of Service of Response to Plaintiff's Second Set of RPODs;
12/21/2012 Craft, Julie $24.00 0.2 $120.00 Verify that Response document has not been received
Review and analyze December 17, 2012 discovery letter from counsel for JBS; review
and analyze discovery responses addressed by December 17, 2012 discovery letter
from counsel for JBS; review and analyze tractor lease requested by counsel for JBS,
particularly early termination provision of lease; have documents prepared for
production; draft letter in response to December 17, 2012 discovery letter from
12/21/2012 Bernier, Michael $1,470.00 6 $245.00 counsel for JBS; draft amended discovery responses
Debrief from depositions of PPC personnel; confer with Steve Kennedy regarding
status of case and issues with Nick White and Breanna Cole; begin preparations to
defend depositions of KLLM personnel; receive and begin review of 30(b)(6) deposition
12/24/2012 Frost, Cable $928.00 3.2 $290.00 that is served upon KLLM
12/26/2012 Moody, Brad C $98.00 0.4 $245.00 Review JBS' rebuttal brief in support of motion to compel
Review JBS Carriers' responses to additional discovery requests propounded and
12/27/2012 Moody, Brad C. $98.00 0.4 $245.00 evaluate whether to compel some information
12/27/2012 Moody, Brad C. $294.00 1.2 $245.00 Review notes and draft summary of Brianna Cole's deposition
12/27/2012 Moody, Brad C. $98.00 0.4 $245.00 Review notes and draft summary of David Hopwood's deposition
12/27/2012 Moody, Brad C. $171.50 0.7 $245.00 Review notes and draft summary of Stanley Skinner's deposition
12/27/2012 Moody, Brad C. $98.00 0.4 $245.00 Review notes and draft summary of Tabitha Schetko's deposition
12/27/2012 Moody, Brad C. $220.50 0.9 $245.00 Review notes and draft summary of Nick White's deposition
12/27/2012 Moody, Brad C. $73.50 0.3 $245.00 Review notes and draft summary of Lauren Chapman's deposition
12/27/2012 Moody, Brad C. $49.00 0.2 $245.00 Review notes and draft summary of Jayson Penn's deposition
12/27/2012 Moody, Brad C. $294.00 1.2 $245.00 Review notes and draft summary of Clay Matthews' deposition
12/27/2012 Moody, Brad C. $49.00 0.2 $245.00 Review notes and draft summary of Walt Shafer's deposition
Conference with B Moody regarding deposition of Pilgram Pride witnesses in
12/27/2012 Yarborough, Richar $290.00 1 $290.00 Colorado; Review of file materials
12/27/2012 Bernier, Michael $98.00 0.4 $245.00 Draft deposition preparation outlines for KLLM witnesses' upcoming depositions
Receive and review scanned copies of exhibits used in recent depositions of PPC
personnel; continue preparations to defend KLLM depositions; review testimony of
Nick White in order to determine whether certain portions would strengthen KLLM's
12/28/2012 Frost, Cable $609.00 2.1 $290.00 motion for partial summary judgment
Begin drafting and revising response and objections to 30(b)(6) deposition notice from
12/28/2012 Moody, Brad C. $563.50 2.3 $245.00 JBS and identify witnesses for each topic
Draft/revise fourth set of discovery requests based on new information obtained
12/28/2012 Moody, Brad C. $147.00 0.6 $245.00 during recent depositions
12/28/2012 Moody, Brad C. $196.00 0.8 $245.00 Continue drafting and revising reports on depositions
Receive and review draft response to JBS's 30(b)(6) deposition notice; confer with Brad
Moody regarding same; continue preparations for upcoming KLLM depositions;
receive and begin review of transcripts of JBS and PPC personnel recently deposed in
12/31/2012 Frost, Cable $841.00 2.9 $290.00 Denver
12/31/2012 Moody, Brad C. $73.50 0.3 $245.00 Correspond with Jim Richards and Terry Thornton re issues for 30(b)(6) deposition
12/31/2012 Moody, Brad C. $196.00 0.8 $245.00 Continue revising and editing response to JBS Carrier's notice of 30(b)(6) deposition
Begin drafting outline for deposition preparation sessions with Brandon Woods and
12/31/2012 Moody, Brad C. $465.50 1.9 $245.00 Monty Epps
Begin reviewing witness folders of Brandon Woods and Monty Epps to prepare to
12/31/2012 Moody, Brad C. $808.50 3.3 $245.00 defend upcoming depositions
12/31/2012 Bernier, Michael $98.00 0.4 $245.00 Prepare witness outlines for KLLM witnesses' depositions
1/1/2013 Bernier, Michael $171.50 0.7 $245.00 Prepare witness outlines for KLLM witnesses' depositions
Receive and review additional documents produced by JBS; receive and review
Amended 30(b)(6) response; provide comments to same; begin preparation for
1/2/2013 Frost, Cable $1,218.00 4.2 $290.00 30(b)(6) deponents; begin preparation to defend fact witness depositions
1/2/2013 Moody, Brad C. $49.00 0.2 $245.00 Correspond with Jim Richards and Terry Thornton re issues for depositions
1/2/2013 Moody, Brad C. $147.00 0.6 $245.00 Review and analyze new document production from JBS Carriers
1/2/2013 Moody, Brad C. $392.00 1.6 $245.00 Continue drafting outline for preparing Brandon Woods for deposition
Review documents and prepare outline for preparation session with Terry Thornton to
1/2/2013 Moody, Brad C. $245.00 1 $245.00 prepare for deposition
Continue reviewing documents to prepare for upcoming depositions of KLLM
1/2/2013 Moody, Brad C. $759.50 3.1 $245.00 employees
1/2/2013 Yarborough, Richar $145.00 0.5 $290.00 Review of deposition notices scheduled in action; Conference with B. Moody
Analyze additional documents produced by JBS Carriers and update JBS Carriers's
1/2/2013 Craft, Julie $120.00 1 $120.00 Production Log accordingly
1/2/2013 Craft, Julie $48.00 0.4 $120.00 Analyze JC001765-JC1821 received today and update attorney notebooks accordingly
1/2/2013 Craft, Julie $12.00 0.1 $120.00 Conference with B. Moody re additional documents produced by JBS Carriers
Analyze JC001764 received during recent depositions and update attorney notebooks
1/2/2013 Craft, Julie $12.00 0.1 $120.00 accordingly
Analyze and update calendar, notebooks re Notices of Depositions of M. Epps, B.
1/2/2013 Craft, Julie $60.00 0.5 $120.00 Woods, T. Thornton, B. Hahn and J. Richards
Analyze electronic deposition transcripts of L Chapmon, B. Cole, D. Hopwood, C.
1/2/2013 Craft, Julie $96.00 0.8 $120.00 Matthews 30(b)(6), A. Palmer, J. Penn and S. Skinner; Add to attorney notebooks
1/2/2013 Craft, Julie $24.00 0.2 $120.00 Conference with B. Moody re Depositions scheduled for January 7-10, 2013
Revisions to KLLM's Response to Notice of 30(6)(6) Deposition and Request for
1/2/2013 Craft, Julie $36.00 0.3 $120.00 Production of Documents; Electronically submit same to Court
Exchange emails with Bill Hahn, Brandon Woods, and Monty Epps regarding
deposition preparation; prepare witness outline for Bill Hahn's deposition; prepare
1/2/2013 Bernier, Michael $931.00 3.8 $245.00 witness outline for Jim Richards' deposition
Review deposition summary prior to submission to client; confer with Brad Moody and
Mike Bernier [REDACTED\]
review documents regarding same; participate in preparation call with Brandon Woods
and Monty Epps for depositions; continue preparations for defending 30(b)(6) in
1/3/2013 Frost, Cable $1,363.00 4.7 $290.00 individual depositions
Conference with Cable Frost and Mike Bernier to address issues for deposition
1/3/2013 Moody, Brad C. $171.50 0.7 $245.00 preparation
1/3/2013 Moody, Brad C. $392.00 1.6 $245.00 Continue working on outline for preparing Terry Thornton for deposition
Telephone conference with Brandon Woods and Monty Epps to begin preparing for
1/3/2013 Moody, Brad C. $539.00 2.2 $245.00 depositions
Identify key themes of case and other issues raised by JBS Carriers to provide
1/3/2013 Moody, Brad C. $294.00 1.2 $245.00 framework for preparing witnesses for depositions
1/3/2013 Moody, Brad C. $637.00 2.6 $245.00 Continue reviewing documents and preparing outlines for deposition preparation
Analyze and categorize State of MS Detail Invoice dated 06-13-2012 and Bates Number
1/3/2013 Craft, Julie $48.00 0.4 $120.00 for production; Update to KLLM's production log accordingly
Analyze deposition transcripts of Nicholas White, Brianna Cole (Volume 2), Tabitha
1/3/2013 Craft, Julie $60.00 0.5 $120.00 Critser and Waft Shaffer; Add to attorney notebooks accordingly
Analyze additional documents produced by KLLM and update KLLM's Production Log
1/3/2013 Craft, Julie $96.00 0.8 $120.00 accordingly
Conduct witness preparation conference call with Brandon Woods and Monty Epps;
1/3/2013 Bernier, Michael $1,151.50 4.7 $245.00 prepare deposition outline for Bill Hahn; prepare deposition outline for Jim Richards
Prepare for arid participate in conference call with lim Richards and Terry Thornton
regarding upcoming depositions; Confer with Mike Bernier regarding call with Bill
Hahn; provide suggestions to revise 30(b)(6) response; continue deposition
1/4/2013 Frost, Cable $1,044.00 3.6 $290.00 preparation
Telephone conference with Jim Richards and Terry Thornton to prepare for upcoming
1/4/2013 Moody, Brad C. $416.50 1.7 $245.00 depositions
Telephone conference with Bill Hahn and Mike Bernier to prepare for upcoming
1/4/2013 Moody, Brad C. $269.50 1.1 $245.00 deposition
Telephone conference with Brandon Woods re questions about trailer volume for
1/4/2013 Moody, Brad C. $49.00 0.2 $245.00 Schedule A
1/4/2013 Moody, Brad C. $49.00 0.2 $245.00 Correspond with Terry Thornton re additional documents to review for deposition
1/4/2013 Moody, Brad C. $147.00 0.6 $245.00 Telephone conferences with counsel for JBS re additional issues with 30(b)(6) topics
Revise and edit amended response to JBS Carriers' 30(b)(6) based on new information
1/4/2013 Moody, Brad C. $269.50 1.1 $245.00 and clarity on topics
1/4/2013 Craft, Julie $24.00 0.2 $120.00 Conference with B. Moody re upcoming depositions and arrangements for same
Conduct witness preparation phone conference with Bill Hahn; prepare witness
1/4/2013 Bernier, Michael $686.00 2.8 $245.00 outline for Jim Richards
Revise and edit outline for preparation session with Jim Richards and review
1/6/2013 Moody, Brad C. $490.00 2 $245.00 documents for same
Prepare for and participate in deposition prep of KLLM personnel including Jim
1/7/2013 Frost, Cable $1,827.00 6.3 $290.00 Richards and Terry Thornton
1/7/2013 Kennedy, Steve $261.00 0.9 $290.00 Deposition prep meeting with T. Thornton and J. Richards for JBS case
Meetings with Bill Hahn, Brandon Woods, Monty Epps, Terry Thornton and Jim
1/7/2013 Moody, Brad C. $2,058.00 8.4 $245.00 Richards to prepare for depositions
1/7/2013 Moody, Brad C. $196.00 0.8 $245.00 Review notes from deposition prep to identify additional issues for follow up
Prepare additional documents needed to deposition prepararations with T. Thornton,
1/7/2013 Craft, Julie $120.00 1 $120.00 B. Woods, B. Hahn, M. Epps and J. Richards and provide same to attorneys
Analyze documents identified in JBS Carriers's Notice of 30(b)(6) Deposition and
1/7/2013 Craft, Julie $180.00 1.5 $120.00 prepare notebook for attorneys
Analyze and update attorney notebooks re KLLM's Fourth Set of Document Requests;
1/7/2013 Craft, Julie $24.00 0.2 $120.00 Determine response date and calendar same
Revise and electronically submit Amended Response to Rule 30(b)(6) Notice of
Deposition and Request for Production of Documents; Email same to counsel for JBS
1/7/2013 Craft, Julie $60.00 0.5 $120.00 Carriers
Prepare deposition outline for Bill Hahn; prepare deposition outline for Jim Richards;
meet with Brandon Woods, Monty Epps, and Bill Hahn and prepare them for
1/7/2013 Bernier, Michael $1,617.00 6.6 $245.00 depositions
1/8/2013 Frost, Cable $2,697.00 9.3 $290.00 Prepare for and defend depositions of Monty Epps and Brandon Woods
1/8/2013 Moody, Brad C. $49.00 0.2 $245.00 Correspond with Terry Thornton re issues for deposition
1/8/2013 Moody, Brad C. $196.00 0.8 $245.00 Conference with Cable Frost re testimony from depositions
1/8/2013 Moody, Brad C. $294.00 1.2 $245.00 Final meeting with Monty Epps to prepare for his deposition
Prepare agenda for final preparation sessions with witnesses to ensure testimony is
1/8/2013 Moody, Brad C. $147.00 0.6 $245.00 aligned
1/8/2013 Moody, Brad C. $98.00 0.4 $245.00 Draft/revise correspondence to counsel for JBS Carriers re discovery issues
1/8/2013 Moody, Brad C. $171.50 0.7 $245.00 Review unmanned truck reports in advance of producing those to JBS Carriers
Review documents to prepare for follow up meetings with Jim Richards and Terry
1/8/2013 Moody, Brad C. $588.00 2.4 $245.00 Thornton to prepare for depositions
1/8/2013 Craft, Julie $12.00 0.1 $120.00 Conference with B. Moody re unmanned tractor reports
Review and analyze KLLM's discovery responses to ascertain which ones need to be
1/8/2013 Bernier, Michael $416.50 1.7 $245.00 amended; conduct research regarding JBS' Motion to Compel
1/9/2013 Frost, Cable $2,494.00 8.6 $290.00 Prepare for and defend depositions of Bill Hahn and Jim Richards
1/9/2013 Moody, Brad C. $122.50 0.5 $245.00 Conference with Cable Frost re [REDACTED\]
1/9/2013 Moody, Brad C. $1,029.00 4.2 $245.00 Meetings with Jim Richards and Terry Thornton to prepare for depositions
Telephone conferences with Terry Thornton re details of cost for Qualcom and tractor
1/9/2013 Moody, Brad C. $122.50 0.5 $245.00 tag costs
1/9/2013 Moody, Brad C. $73.50 0.3 $245.00 Telephone conference with Dr. Brooking to address issues with damages figures
Draft/revise correspondence to defense counsel re remaining deposition to be taken
1/9/2013 Moody, Brad C. $171.50 0.7 $245.00 and deficiencies in 30(b)(6) testimony provided by Clay Matthews
1/9/2013 Moody, Brad C. $269.50 1.1 $245.00 Final meeting with Bill Hahn to prepare for his testimony
Obtain discovery responses of KLLM for use by attorneys during deposition
1/9/2013 Craft, Julie $24.00 0.2 $120.00 preparation
1/9/2013 Craft, Julie $12.00 0.1 $120.00 Conference with B. Moody re additional document production today and related tasks
Analyze and categorize KLLM-JBS 002977 - KLLM-JBS 003611 for today's production;
1/9/2013 Craft, Julie $60.00 0.5 $120.00 Prepare electronic copy of same
Prepare document production to be produced KLLM-JBS 002977 through KLLM-JBS
003611; and revise fact witnesses Brianna Cole and Clay Matthews witness folders
1/9/2013 Summers, Melissa $216.00 1.8 5120.00 with documents not used
1/10/2013 Frost, Cable 51,537.00 5.3 5290.00 Prepare for and defend deposition of Terry Thornton
Confer with Cable Frost after Terry Thornton's deposition to
1/10/2013 Moody, Brad C. $98.00 0.4 $245.00
1/10/2013 Moody, Brad C $269.50 1.1 $245.00 Meeting with Terry Thornton before deposition to finalize preparation
Draft/revise fifth set of discovery requests to develop new information obtained
1/10/2013 Moody, Brad C. $269.50 1.1 $245.00 during depositions
Telephone conference with Dr. Brooking re issues raised during Terry Thornton's
1/10/2013 Moody, Brad C. $122.50 0.5 $245.00 deposition
1/10/2013 Moody, Brad C. $318.50 1.3 $245.00 Participate in Terry Thornton's deposition
1/10/2013 Moody, Brad C. $49.00 0.2 $245.00 Revise and edit good faith letter to defense counsel
Evaluate bases for to support discovery request for financial information of JBS
1/10/2013 Moody, Brad C. $147.00 0.6 $245.00 Carriers, Inc.
Prepare Notice of Service of KLLM's Fifth Set of Discovery Requests/Third Set of
Interrogatories and Fourth Set of Requests For Production of Documents;
1/10/2013 Craft, Julie $60.00 0.5 $120.00 Electronically submit same to Court
Correspondence to expert, Dr. Brooking, forwarding additional documents to review;
1/10/2013 Craft, Julie $60.00 0.5 $120.00 Prepare electronic copy of KLLM-JBS 002977-003611
Correspondence to all counsel re Letter to L. Robinson from B. Moody, Notice of
Service of KLLM's Fifth Set of Discovery Requests and KLLM's Third Set of
1/10/2013 Craft, Julie $36.00 0.3 $120.00 Interrogatories and Fourth Set of Requests For Production of Documents
1/10/2013 Craft, Julie $12.00 0.1 $120.00 Conference with B. Moody re additional documents to provide to expert, Dr. Brooking
1/10/2013 Craft, Julie $12.00 0.1 $120.00 Revise KLLM's Fifth Set of Discovery Requests
Exchange emails with Brandon Woods regarding KLLM employees who went to work
for JBS; review and analyze JBS Carriers' witness disclosures and KLLM employee list to
1/10/2013 Bernier, Michael $269.50 1.1 $245.00 evaluate remaining depositions
Receive and review depositions of Brandon Woods and Monty Epps; confer with Brad
Moody regarding 30(b) topics of PPC and JBS; revise/edit letter to counsel to JBS
regarding outstanding depositions and 30(b)(6) deponents; confer with Brad Moody
and Carl Brooking regarding KLLM's damages figure, including unmanned tractors;
1/11/2013 Frost, Cable $1,392.00 4.8 $290.00 begin preparations for upcoming depositions of JBS/PPC personnel
1/11/2013 Moody, Brad C. $49.00 0.2 $245.00 Correspond with defense counsel re discovery issues
1/11/2013 Moody, Brad C. $122.50 0.5 $245.00 Telephone conference with Dr. Brooking re his review of unmanned truck report
Conference with B. Moody and C. Frost regarding depositions; Review of recent filings
1/11/2013 Yarborough, Richar $232.00 0.8 $290.00 in case
Prepare for and participate in conference call with Brian Eberle and Lyle Robinson to
discuss upcoming depositions and other scheduling concerns including completion of
30(b)(5) depositions and expert depositions; continue review of Woods and Epps
depositions in order to prepare for upcoming depositions of PPC/JBS personnel; begin
review of email documents and other materials attributed to Lee Blackmon, Nick Bair
1/14/2013 Frost, Cable $1,711.00 5.9 $290.00 and Todd Gooch; begin deposition outlines for each witness
1/14/2013 Kennedy, Steve $87.00 0.3 $290.00 Update on JBS depositions
Review and outline deposition testimony of Nick White to identify key testimony to be
1/14/2013 Moody, Brad C. $416.50 1.7 $245.00 mindful of during remainder of discovery
Receive and review correspondence from defense counsel re scheduling of
1/14/2013 Moody, Brad C. $49.00 0.2 $245.00 depositions
1/14/2013 Moody, Brad C. $294.00 1.2 $245.00 Conference with Cable Frost to devise strategy for remaining depositions
Telephone conference with counsel for MS Carriers re discovery issues and upcoming
1/14/2013 Moody, Brad C. $245.00 1 $245.00 depositions
1/15/2013 Frost, Cable $986.00 3.4 $290.00 Continue preparations for upcoming depositions of Blackmon, Bair and Gooch (3.4)
Review list of witnesses to depose in Texas and evaluate appropriate logistics and
1/15/2013 Moody, Brad C. $147.00 0.6 $245.00 schedule for same
Receive and review JBS Carriers' responses to third set of discovery requests and
1/15/2013 Moody, Brad C. $98.00 0.4 $245.00 documents produced with those responses
Analyze and update attorney notebooks/spreadsheet re correspondence, pleadings
1/15/2013 Craft, Julie $48.00 0.4 $120.00 and documents received
Receipt of (11) JBS employee deposition transcripts, create hard files, incorporate
transcripts into attorneys database, prepare check request for expert Carl Brookings,
incorporate expenses into attorneys database, and work on continued deposition fact
1/15/2013 Summers, Melissa $372.00 3.1 $120.00 witness project for discovery
Review and analyze JBS' Responses to KLLM's Requests for Production and
accompanying documents; conduct review of deposition of Monty Epps to identify
1/15/2013 Bernier, Michael $147.00 0.6 $245.00 confidential portions
Continue review of emails and materials attributed to upcoming deposition witnesses;
begin detailed outline of Lee Blackmon; review Clay Matthews deposition in order to
1/16/2013 Frost, Cable $1,508.00 5.2 $290.00 parallel deposition of Lee Blackmon
1/16/2013 Moody, Brad C. $49.00 0.2 $245.00 Additional correspondence with defense counsel re discovery issues
Review JBS Carriers' amended response to 30(b)(6) deposition notice and identify new
1/16/2013 Moody, Brad C. $73.50 0.3 $245.00 topics to cover during Moe Schroter's deposition
Draft/revise detailed correspondence to counsel for JBS Carriers re issues with
1/16/2013 Moody, Brad C. $98.00 0.4 $245.00 depositions and other discovery concerns
Draft/revise correspondence to client re current status of case and upcoming
1/16/2013 Moody, Brad C. $98.00 0.4 $245.00 discovery events
Prepare Notice of Depositions scheduled for January 23, 2013 in Gainesville, Georgia
1/16/2013 Craft, Julie $36.00 0.3 $120.00 and electronically submit same with Court, forward to all counsel
1/16/2013 Craft, Julie $24.00 0.2 $120.00 Confer with court reporter regarding electronic version of exhibits to KLLM depositions
1/16/2013 Craft, Julie $12.00 0.1 $120.00 Conference with B. Moody re will be videotaping one deposition on January 23, 2013)
1/16/2013 Craft, Julie $24.00 0.2 $120.00 Conference with B. Moody re forwarding Errata Sheets to KLLM deponents for review
Analyze and identify deadlines associated with JBS Carriers' Fourth RPODs to KLLM,
1/16/2013 Craft, Julie $12.00 0.1 $120.00 served today
1/16/2013 Craft, Julie $12.00 0.1 $120.00 Confer with C. Frost re verifying all exhibits used to date
1/16/2013 Craft, Julie $24.00 0.2 $120.00 Analyze and calendar January 23, 2013 depositions, as noticed today
Correspond with court reporter re Gainesville, Georgia depositions scheduled for
1/16/2013 Craft, Julie $24.00 0.2 $120.00 January 23, 2013, videographer needed for 9:00 a.m. deposition only
Correspond with court reporter to request expedited copy of deposition exhibits used
1/16/2013 Craft, Julie $24.00 0.2 $120.00 last week
Analyze email communication between counsel and identify confirmed depositions to
1/16/2013 Craft, Julie $60.00 0.5 $120.00 notice; Confer with B. Moody regarding same
Correspond with court reporter re coverage in Cedar Rapids, Iowa and Gainesville,
1/16/2013 Craft, Julie $24.00 0.2 $120.00 Georgia
Examine correspondence to experts Brookings and Keene and file for all
documentation provided in preparation of their reports; and created a table consisting
1/16/2013 Summers, Melissa $192.00 1.6 $120.00 of description of documents, bates range, and date documents were provided
1/16/2013 Bernier, Michael $73.50 0.3 $245.00 Review and analyze Fourth Set of Discovery Requests from JBS
Continue deposition preparation for upcoming depositions of Blackmon, Bair and
Gooch; receive and review additional discovery materials provided by JBS including J65
Performance Data for dedicated hauling as well as historical dedicated contracts
inperformance; review deposition exhibits to date in order to incorporate into
1/17/2013 Frost, Cable $1,595.00 5.5 $290.00 deposition outlines of witnesses; continue deposition preparations
Analyze newest discovery responses and documents produced by JBS Carriers to
1/17/2013 Moody, Brad C. $539.00 2.2 $245.00 prepare for upcoming depositions
Review correspondence and documents produced to idenlily date of Lee Blackmon's
1/17/2013 Moody, Brad C. $49.00 0.2 $245.00 termination
Analyze and identify additional documents to be included in Scott Hall's witness
1/17/2013 Craft, Julie $60.00 0.5 $120.00 folder, in preparation for upcoming deposition
Analyze and identify additional documents to be included in Shawn Taylor's witness
1/17/2013 Craft, Julie $36.00 0.3 $120.00 folder, in preparation for upcoming deposition
Analyze and identify additional documents to be included in Moe Schroter's witness
1/17/2013 Craft, Julie $60.00 0.5 $120.00 folder, in preparation for upcoming deposition
Analyze and identify additional documents to be included in T. Gooch's witness folder,
1/17/2013 Craft, Julie $120.00 1 $120.00 in preparation for upcoming deposition
Analyze and identify additional documents to be included in Mark Lawrence's witness
1/17/2013 Craft, Julie $60.00 0.5 $120.00 folder, in preparation for upcoming deposition
Analyze and identify additional documents to be included in Mindy Bartek's witness
1/17/2013 Craft, Julie $60.00 0.5 $120.00 folder, in preparation for upcoming deposition
Analyze and identify additional documents to be included in Nick Bair's witness folder,
1/17/2013 Craft, Julie $36.00 0.3 $120.00 in preparation for upcoming deposition
1/17/2013 Craft, Julie $12.00 0.1 $120.00 Conference with B. Moody re deposition preparation needed and related tasks
Analyze and identify additional documents to be included in L. Blackmon's witness
1/17/2013 Craft, Julie $120.00 1 $120.00 folder, in preparation for upcoming deposition
1/17/2013 Craft, Julie $12.00 0.1 $120.00 Review confirmation received from court reporter re January 23rd depositions
1/17/2013 Craft, Julie $12.00 0.1 $120.00 Conference with B. Moody re deposition transcript of J. Richards
Analyze and identify additional documents to be included in Duane Stalcup's witness
1/17/2013 Craft, Julie $36.00 0.3 $120.00 folder, in preparation for upcoming deposition
Analyze and identify additional documents to be included in Heath Rester's witness
1/17/2013 Craft, Julie $36.00 0.3 $120.00 folder, in preparation for upcoming deposition
Prepare correspondence to Carl Brooking enclosing payment for invoice and prepare
and incorporate recently produced documents into attorney database for upcoming
1/17/2013 Summers, Melissa $156.00 1.3 $120.00 deposition prep
Review and analyze deposition transcript of Monty Epps to identify confidential
1/17/2013 Bernier, Michael $49.00 0.2 $245.00 contents, which should be subject to protective order
Focus on Lee Blackmon and available documentation in order to complete outline for
1/18/2013 Frost, Cable $1,566.00 5.4 $290.00 deposition; begin initial work up of Bair and Gooch detailed outlines
1/18/2013 Moody, Brad C. $98.00 0.4 $245.00 Review documents to assist Cable Frost with preparing for deposition of Lee Blackmon
1/18/2013 Moody, Brad C. $49.00 0.2 $245.00 Correspond with Brandon Woods re issues raised by JBS Carriers about missed loads
Correspond with court reporting agency, Merrill, regarding location availability for
deposition in Cedar Rapids, Iowa; Teleconference with Merrill re recommended using
1/18/2013 Craft, Julie $60.00 0.5 $120.00 specific hotel; Forward information regarding same to attorneys
Analyze and categorize JBS Carriers's Notice of Service of Designation of Experts, as
1/18/2013 Craft, Julie $24.00 0.2 $120.00 entered with Court
Prepare correspondence to fact witnesses' Monty Epps, Bill Hahn, Jim Richards, Terry
Thornton, and Brandon Woods enclosing their deposition transcript for review; and
1/18/2013 Summers, Melissa $240.00 2 $120.00 process deposition transcripts
Receipt of multiple deposition transcripts from fact witnesses, incorporate into
attorneys deposition folder, gather all exhibits used in recently taken depositions and
incorporate into attorneys deposition folder, and continue to work with senior
1/18/2013 Summers, Melissa $300.00 2.5 $120.00 paralegal in preparing for upcoming depositions of fact witnesses'
1/19/2013 Moody, Brad C. $294.00 1.2 $245.00 Analyze expert report of Brent Saunders; correspond with client re same
1/21/2013 Frost, Cable $1,508.00 5.2 $290.00 Continue preparations for depositions of Lee Blackmon, Nick Bair and Todd Gooch
1/21/2013 Moody, Brad C. $196.00 0.8 $245.00 Review documents to prepare for Nick Bair's deposition
1/21/2013 Moody, Brad C. $49.00 0.2 $245.00 Correspond with plaintiff's counsel re issues with Moe Schroter's deposition
Review and analyze deposition transcripts of Brandon Woods, Bill Hahn, Terry
Thornton, and Jim Richards to identify confidential testimony to be protected under
1/21/2013 Bernier, Michael $808.50 3.3 $245.00 the Protective Order
Continue deposition preparation; travel to Atlanta to conduct depositions of
1/22/2013 Frost, Cable $1,682.00 5.8 $290.00 Blackmon, Bair and Gooch
1/22/2013 Yarborough, Richai $145.00 0.5 $290.00 Analysis of JBS expert witness damage report
Conference with M. Bernier re 01-22-2013 Letter from Bernier re KLLM deposition
1/22/2013 Craft, Julie $12.00 0.1 $120.00 confidentiality
Analyze and identify deposition exhibits needed for Todd Gooch and Nick Bair's
1/22/2013 Craft, Julie $336.00 2.8 $120.00 depositions; Prepare attorney notebooks accordingly
Analyze and identify exhibits for use during Lee Blackmon's deposition; Prepare
1/22/2013 Summers, Melissa $168.00 1.4 $120.00 attorney notebook accordingly
Prepare check requests for Brooks Court Reporting and Merrill Corporation re
1/22/2013 Summers, Melissa $48.00 0.4 $120.00 depositions and forward to accounting requesting payment
Draft letter to JBS' Counsel designating portions of KLLM's witnesses' depositions
1/22/2013 Bernier, Michael $245.00 1 $245.00 subject to the Protective Order
Prepare for and participate in the depositions of Lee Blackmon, Nick Bair and Todd
1/23/2013 Frost, Cable $3,132.00 10.8 $290.00 Gooch
1/23/2013 Moody, Brad C. $49.00 0.2 $245.00 Correspond with plaintiff's counsel re discovery issues
Correspond with hotel regarding location for Cedar Rapids, Iowa deposition
1/23/2013 Craft, Julie $36.00 0.3 $120.00 Correspond with L. Robinson re availability for telephone participation;
Travel from Atlanta, GA to Jackson, MS post depositions; begin assembly of deposition
1/24/2013 Frost, Cable $1,856.00 6.4 $290.00 notes and summaries
Correspond with defense counsel re discovery issues and details re Moe Schroter's
1/24/2013 Moody, Brad C. $73.50 0.3 $245.00 deposition
1/25/2013 Frost, Cable $754.00 2.6 $290.00 Draft deposition report of Todd Gooch; review depo notes from Blackmon and Bair
1/25/2013 Craft, Julie $24.00 0.2 $120.00 Finalize deposition arrangements for Moe Schroter
Prepare Notice of Depositions of Mark Norman, Duane Stalcup and Heath Rester;
Conference with attorneys re type of depositions; Revise Notice of Deposition;
1/25/2013 Craft, Julie $60.00 0.5 $120.00 Electronically submit same to Court.
1/25/2013 Craft, Julie $24.00 0.2 $120.00 Analyze correspondence from Jim Richards with completed Errata Sheet
1/25/2013 Craft, Julie $24.00 0.2 $120.00 Analyze correspondence from Terry Thornton re deposition changes for Errata Sheet
Prepare Notice of Depositions of Mark Lawrence and Scott Hall; Conference with
attorneys re type of depositions;, Revise Notice of Deposition; Electronically submit
1/25/2013 Craft, Julie $60.00 0.5 $120.00 same to Court.
Prepare Notice of Deposition of Moe Schroter; Conference with attorneys re type of
1/25/2013 Craft, Julie $60.00 0.5 $120.00 depositions; Revise Notice of Deposition; Electronically submit same to Court.
Continue summary of notes from recent depositions in Georgia; receive and begin
review of rough transcript of Lee Blackmon; continue review of JBS's economist report
in comparison to Dr. Brookings analysis; begin preparation to update and prepare Blue
Keene for expert discovery; confer with Brad Moody regarding upcoming depositions
1/28/2013 Frost, Cable $754.00 2.6 $290.00 of Moe Schroeter and the Mount Pleasant/Pittsburg, TX personnel
Read and analyze deposition of Lee Blackmon to identify key testimony and issues to
1/28/2013 Moody, Brad C. $416.50 1.7 $245.00 address during discovery
Read and analyze deposition of Terry Thornton to identify key testimony and issues to
1/28/2013 Moody, Brad C. $220.50 0.9 $245.00 address during discovery
Read and analyze deposition of Monty Epps to identify key testimony and issues to
1/28/2013 Moody, Brad C. $563.50 2.3 $245.00 address during discovery
Correspond with court reporters regarding coverage for upcoming depositions in
1/28/2013 Craft, Julie $36.00 0.3 $120.00 Cedar Rapids, Iowa and Pittsburg, Texas
1/28/2013 Craft, Julie $36.00 0.3 $120.00 Conference with B. Moody re upcoming depositions and related issues
Continue review of Lee Blackmon deposition; review Nick White and Clay Matthews
depositions in order to respond to JBS's response to KLLM's Motion for Summary
1/29/2013 Frost, Cable $928.00 3.2 $290.00 Judgment; continue preparations to prepare Blue Keene for expert discovery
1/29/2013 Moody, Brad C. $49.00 0.2 $245.00 Correspond with plaintiff's counsel re upcoming depositions in Texas
1/29/2013 Moody, Brad C. $833.00 3.4 $245.00 Analyze key documents for Moe Schrtoer to prepare for his deposition
1/29/2013 Moody, Brad C. $269.50 1.1 $245.00 Begin drafting outline for deposition of Moe Schrtoer
1/29/2013 Craft, Julie $24.00 0.2 $120.00 Correspond with court reporter re videographer status for M. Schroter deposition
1/29/2013 Craft, Julie $12.00 0.1 $120.00 Analyze and process rough draft of Blackmon deposition
Review and outline latest set of Discovery requests from Plaintiff; review and analyze
deposition transcript of Terry Thornton to assess propriety of Plaintiff's discovery
1/29/2013 Bernier, Michael $343.00 1.4 $245.00 requests
1/30/2013 Moody, Brad C. $269.50 1.1 $245.00 Identify and highlight documents to use as exhibits for deposition of Moe Schrtoer
1/30/2013 Moody, Brad C. $882.00 3.6 $245.00 Draft/revise outline for Moe Schroter's deposition
1/30/2013 Yarborough, Richa $145.00 0.5 $290.00 Review of recent filings and case documents
Correspond with court reporter re confirming need for videographer during M.
1/30/2013 Craft, Julie $24.00 0.2 $120.00 Schroter deposition
Analyze and identify deposition exhibits necessary for deposition of Moe Schroter and
1/30/2013 Craft, Julie $120.00 1 $120.00 prepare attorney notebook for same
Receipt of Mr. Terry Thornton's revisions to deposition transcript, analyze revisions,
complete Errata sheet based on Mr. Thornton's changes, and privide for
review; prepare correspondence to Brooks Court reporting enclosing the Errata sheet
completed by Mr. Jim Richards; and incorporate correspondence and copy of Errata
1/30/2013 Summers, Melissa $168.00 1.4 $120.00 sheet into attorneys database and correspondence file
Place call to Terry Thornton regarding document requests from KLLM; review and
1/30/2013 Bernier, Michael $98.00 0.4 $245.00 analyze produced documents in preparation for upcoming depositions
1/31/2013 Frost, Cable $348.00 1.2 $290.00 Receive and begin review of JBS's response to KLLM's Motion for Summary Judgment
1/31/2013 Kennedy, Steve $116.00 0.4 $290.00 Receive and review JBS response to KLLM's summary judgment motion
1/31/2013 Moody, Brad C. $1,788.50 7.3 $245.00 Travel to Cedar Rapids, Iowa for deposition of Moe Schroter
Analyze JBS Carriers' response to motion for summary judgment; review case law cited
1/31/2013 Moody, Brad C. $318.50 1.3 $245.00 in response
Review outline and other materials for final preparation for deposition of Moe
1/31/2013 Moody, Brad C. $294.00 1.2 $245.00 Schroter
1/31/2013 Yarborough, Richar $145.00 0.5 $290.00 Receipt/review of pleadings filed in action
Analyze JBS Carriers's Response in Opposition to Plaintiffs Motion for Partial Summary
Judgment and Cross Motion for Summary Judgment and update attorney notebooks
1/31/2013 Craft, Julie $36.00 0.3 $120.00 accordingly; forward same to attorneys for review
Prepare deposition transcripts of B. Hahn, T. Thornton and I. Richards, including
1/31/2013 Craft, Julie $120.00 1 $120.00 exhibits, and provide same to expert, Dr. Brooking
Conference with R. Yarborough and S. Kennedy re status; Analyze and update attorney
1/31/2013 Craft, Julie $24.00 0.2 $120.00 notebooks, case spreadsheet accordingly
1/31/2013 Craft, Julie $12.00 0.1 $120.00 Conference with B. Moody re additional documents to provide to expert, Dr. Brooking
1/31/2013 Craft, Julie $24.00 0.2 $120.00 Teleconference with B. Hahn re witness errata sheet and instructions
Phone conversation with Terry Thornton regarding documents requested by JBS;
review and analyze Brief in Opposition to KLLM's Partial Motion for Summary
1/31/2013 Bernier, Michael $269.50 1.1 $245.00 Judgment filed by JBS
2/1/2013 Kennedy, Steve $87.00 0.3 $290.00 Analysis of arguments in response to JBS's summary judgment opposition
2/1/2013 Moody, Brad C. $661.50 2.7 $245.00 Conduct deposition of Moe Schroter
Return to Jackson from Cedar Rapids, Iowa (extra 2 hour layover in Atlanta due to
2/1/2013 Moody, Brad C. $2,352.00 9.6 $245.00 mechanical problem with plane)
2/1/2013 Craft, Julie $24.00 0.2 $120.00 Analyze and update attorney notebooks re Notice of Motion Hearing entered by Court
2/1/2013 Craft, Julie $24.00 0.2 $120.00 Correspond with expert, Dr. Brooking, re deposition transcript and exhibits
Correspond with Merrill re locations for depositions to be held in Lufkin, TX and
2/1/2013 Craft, Julie $24.00 0.2 $120.00 Nacogdoches on Feb. 14
Analyze and update attorney notebooks re recent communication, pleadings;
2/1/2013 Craft, Julie $36.00 0.3 $120.00 Conference with R. Yarborough and S. Kennedy re status and related tasks
Review and analyze Brief in Opposition to KLLM's Partial Motion for Summary
2/1/2013 Bernier, Michael $220.50 0.9 $245.00 Judgment filed by JBS; prepare for upcoming depositions of Pilgrim's Pride employees
Conduct research regarding JBS' Brief in Opposition to KLLM's Motion for Partial
2/3/2013 Bernier, Michael $0.00 0 $0.00 Summary Judgment
Continue examination of JBS's response to KLLM's motion for partial summary
2/4/2013 Frost, Cable $812.00 2.8 $290.00 judgment; diagram thoughts/approach for KLLM's reply in support of motion
Review documents in witness folders and begin assembly of thoughts for upcoming
2/4/2013 Frost, Cable $696.00 2.4 $290.00 depositions in Texas
Begin reviewing voluminous witness file for Mark Norman to prepare for his
2/4/2013 Moody, Brad C. $857.50 3.5 $245.00 deposition
Review emails re meetings about performance issues from 2011 to prepare for
2/4/2013 Moody, Brad C. $98.00 0.4 $245.00 upcoming depositions
Multiple communication with Merrill re court reporters and locations in Texas;
Multiple conferences with M. Bernier re details for same; Teleconference with
Courtyard by Marriott re availability and pricing; Advise Merrill re deposition in Lufkin,
TX and Nacogdoches, TX at 9:30 on February 14th; Review communication from L.
2/4/2013 Craft, Julie $120.00 1 $120.00 Robinson re will confirm all details later this week
Exchange emails with JBS' counsel regarding an extension for filing KLLM's Reply Memorandum; exchange emails with JBS' counsel regarding scheduling depositions 2/4/2013 Bernier, Michael $1,568.00 6.4 $245.00 and related logistics; prepare for depositions of Mindy Bartek and Mark Lawrence
2/5/2013 Frost, Cable $928.00 3.2 $290.00 Receive and review depositions of Todd Gooch, Lee Blackmon, and Nick Bair
2/5/2013 Moody, Brad C. $98.00 0.4 $245.00 Telephone conference with Dr. Brooking re his review of Brent Saunders' expert report
2/5/2013 Moody, Brad C. $514.50 2.1 $245.00 Review all pertinent case law to prepare for hearing on JBS Carriers' motion to compel
2/5/2013 Moody, Brad C. $416.50 1.7 $245.00 Begin drafting outline for hearing on motion to compel
Continue reviewing witness file for Mark Norman and identify key documents to use at 2/5/2013 Moody, Brad C. $759.50 3.1 $245.00 deposition
Analyze JBS Carriers' motion, our response and JBS' reply brief to begin preparing for 2/5/2013 Moody, Brad C. $441.00 1.8 $245.00 hearing on motion to compel
Analyze all documents produced and identify documents relating to Duane Stalcup in preparation for upcoming deposition; Begin preparation of attorney notebook and 2/5/2013 Craft, Julie $360.00 3 $120.00 electronic workspace accordingly
Draft Motion for Extension of Time to file Reply Memorandum and Order granting
same; review and analyze deposition transcripts of Nick Bair and Tabitha Critser; 2/5/2013 Bernier, Michael $1,029.00 4.2 $245.00 continue preparing for depositions of Mindy Bartek and Mark Lawrence
2/6/2013 Moody, Brad C. $343.00 1.4 $245.00 Meeting with Terry Thornton to address discovery issues
Receive and review tractor sales section from budget report and evaluate whether to 2/6/2013 Moody, Brad C. $49.00 0.2 $245.00 produce
2/6/2013 Moody, Brad C. $24.50 0.1 $245.00 Correspond with counsel for JBS Carriers re deposition schedule
2/6/2013 Moody, Brad C. $49.00 0.2 $245.00 Review commitment letter with Empire Sales; correspond with Terry Thornton re same
2/6/2013 Moody, Brad C. $588.00 2.4 $245.00 Begin drafting and revising outline for deposition of Mark Norman
Analyze JBS Carriers' response to 30(b)(6) deposition notice for Pilgrim's Pride to 2/6/2013 Moody, Brad C. $196.00 0.8 $245.00 prepare for deposition of Mark Norman
2/6/2013 Moody, Brad C. $0.00 0 $0.00 Continue reviewing documents for Mark Norman's deposition
2/6/2013 Craft, Julie $12.00 0.1 $120.00 Update notebook re KLLM documents for 4th Set of RFPs
2/6/2013 Craft, Julie $84.00 0.7 $120.00 Finalize attorney notebook and electronic workspace for Duane Stalcup
2/6/2013 Craft, Julie $12.00 0.1 $120.00 Correspond with B. Moody re necessity for videographer in upcoming depositions
Revise Index of Documents Produced to Experts and identify additional documents to send to expert, Keene; Prepare CD of documents; Prepare correspondence to expert 2/6/2013 Craft, Julie $84.00 0.7 $120.00 Keene forwarding same
Verify KLLM's latest discovery requests and JBS discovery responses has been added to 2/6/2013 Summers, Melissa $24.00 0.2 $120.00 attorneys discovery folder
Exchange emails with Monty Epps regarding JBS emails related to upcoming depositions; phone conversation with Monty Epps regarding issues related to Mount Pleasant and PPDC hauling; review and analyze JBS' Responses to KLLM's Fourth Discovery Requests; exchange emails with JBS' counsel regarding deposition scheduling and related logistics; prepare for depositions of Duane Stalcup and Heath 2/6/2013 Bernier, Michael $1,176.00 4.8 $245.00 Rester; review and analyze tractor purchase reports received from Terry Thornton
2/7/2013 Frost, Cable $377.00 1.3 $290.00 Continue review and analysis of JBS's response to KLLM's summary judgment motion
Prepare for and participate in telephone hearing before Judge Anderson regarding 2/7/2013 Frost, Cable $493.00 1.7 $290.00 JBS's motion to compel
2/7/2013 Moody, Brad C. $441.00 1.8 $245.00 Review Scott Hall witness file and identify documents for use as exhibits
2/7/2013 Moody, Brad C. $392.00 1.6 $245.00 Read and analyze deposition of Nick Bair to prepare for upcoming depositions in Texas
Draft summary of telephonic hearing with Judge Anderson to send to Terry Thornton 2/7/2013 Moody, Brad C. $122.50 0.5 $245.00 and Jim Richards
2/7/2013 Moody, Brad C. $514.50 2.1 $245.00 Continue preparing for hearing on JBS' motion to compel
2/7/2013 Moody, Brad C. $196.00 0.8 $245.00 Participate in telephonic hearing on motion to compel Analyze and identify documents for exhibits in upcoming depositions of Heath Rester, Mindy Bartek, Duane Stalcup and Mark Norman; Prepare attorney exhibits for use 2/7/2013 Craft, Julie $384.00 3.2 $120.00 during deposition
Analyze and upload deposition exhibits 136-146 to system and update attorney 2/7/2013 Craft, Julie $60.00 0.5 $120.00 notebooks accordingly
Correspond with Merrill re confirming need for conference rooms and court reporters 2/7/2013 Craft, Julie $12.00 0.1 $120.00 in Lufkin and Nacogdoches, Texas
Analyze and update attorney notebooks re JBS Carriers' Response to Plaintiff's Fourth 2/7/2013 Craft, Julie $12.00 0.1 $120.00 Set of Document Requests
2/7/2013 Bernier, Michael $1,053.50 4.3 $245.00 Continue preparing for depositions of Duane Stalcup and Heath Rester
Prepare electronic witness folders for review by attorneys in preparation for upcoming 2/8/2013 Cook, Dale $60.00 0.5 $120.00 depositions
Analyze and identify key documents produced by all parties in preparation for 7/8/2013 Cook, Dale $144.00 1.2 $120.00 upcoming depositions
Complete review of available documents associated with upcoming depositions of Texas personnel; communicate thoughts to Brad Moody and Mike Bernier; confer with Mike Bernier regarding strategy to be implemented in drafting KLLM's reply to its motionfor partial summary judgment; confer with Brad Moody regarding depositions 2/8/2013 Frost, Cable $870.00 3 $290.00 of Nick Bair and Lee Blackmon
2/8/2013 Moody, Brad C. $98.00 0.4 $245.00 Draft/revise summary of deposition of Moe Schroter; forward same to client
Continue preparing for deposition of Mark Norman by reviewing documents for 2/8/2013 Moody, Brad C. $1,004.50 4.1 $245.00 exhibits and drafting outline
2/8/2013 Moody, Brad C. $343.00 1.4 $245.00 Read and analyze deposition of Todd Gooch to prepare for depositions in Texas
Correspond with Terry Thornton re expected ruling from Judge Anderson on motion to 2/8/2013 Moody, Brad C. $24.50 0.1 $245.00 compel
2/8/2013 Moody, Brad C. $269.50 1.1 $245.00 Begin drafting outline for Scott Hall's deposition
Review communications from Brad Moody, Terry Thornton and Jim Richards regarding 2/8/2013 Yarborough, Richar $145.00 0.5 $290.00 discovery issues in case and ruling on motion to compel
Prepare Notice of Deposition of Shawn Taylor for Thursday, February 14, 2013 and
2/8/2013 Cragt, Julie $12.00 0.1 $120.00 electronically submit same to Court, all counsel
Multiple communication with court reporter re confirmation of conference rooms, amended notices/change of schedule for Pittsburg, TX depositions, notice for Lufkin, Tx deposition, notice for Nacogdoches, TX and security instructions for Pittsburg, TX 2/8/2013 Craft, Julie $36.00 0.3 $120.00 depositions
Prepare Notice of Deposition of Mindy Bartek for Thursday, February 14, 2013 and 2/8/2013 Craft, Julie $12.00 0.1 $120.00 electronically submit same to Court, all counsel
Prepare Amended Notice of Depositions for Tuesday, February 12, 2013 and 2/8/2013 Craft, Julie $12.00 0.1 $120.00 electronically submit same to Court, all counsel
Prepare Amended Notice of Depositions for Wednesday, February 13, 2013 and 2/8/2013 Craft, Julie $12.00 0.1 $120.00 electronically submit same to Court, all counsel
Analyze and identify documents for exhibits in upcoming depositions of Mark Lawrence, Scott Hall and Shawn Taylor; Prepare attorney exhibits for use during 2/8/2013 Craft, Julie $240.00 2 $120.00 deposition
Prepare correspondence to Brooks Court Reporting enclosing Brandon Woods and 2/8/2013 Summers, Melissa $48.00 0.4 $120.00 Monty Epps errata sheets
Review and analyze deposition transcript of Todd Gooch and Moe Schroter; prepare 2/8/2013 Bernie, Michael $1,274.00 5.2 $245.00 for depositions of Duane Stalcup, Heath Rester, Mindy Bartek, and Mark Lawrence
2/9/2013 Moody, Brad C. $1,249.50 5.1 $245.00 Continue preparing for deposition of Mark Norman
2/9/2013 Bernier, Michael $686.00 2.8 $245.00 Prepare for depositions of Heath Rester and Duane Stalcup
2/10/2013 Moody, Brad C. $710.50 2.9 $245.00 Continue drafting and revising outline for Scott Hall
Review JBS Carriers' amended response to 30(b)(6) deposition notice to prepare for 2/10/2013 Moody, Brad C. $98.00 0.4 $245.00 Scott Hall's deposition
2/10/2013 Moody, Brad C. $514.50 2.1 $245.00 Continue reviewing voluminous witness file for Scott Hall to prepare for deposition
2/10/2013 Bernier, Michael $1,470.00 6 $245.00 Prepare for depositions of Mindy Bartek, Heath Rester, and Mark Lawrence
2/11/2013 Frsot, Cable $783.00 2.7 $290.00 Continue work on reply in support of KLLM's motion for summary judgment (2.7)
2/11/2013 Moody, Brad C. $196.00 0.8 $245.00 Review and organize exhibits for depositions of Mark Norman and Scott Hall
2/11/2013 Moody, Brad C. $1,421.00 5.8 $245.00 Travel to Mt. Pleasant, TX for depositions
Review and analyze correspondence from JBS' lawyers with proposal on motion to 2/11/2013 Moody, Brad C. $73.50 0.3 $245.00 compel
2/11/2013 Moody, Brad C. $73.50 0.3 $245.00 Draft/revise lengthy response to JBS' lawyers' proposal on motion to compel
2/11/2013 Moody, Brad C. $343.00 1.4 $245.00 Continue drafting and revising outline for Scott Hall's deposition
Analyze and update attorney calendars re Notice of Hearing set for 02-12-2013 at 8:20 2/11/2013 Craft, Julie $12.00 0.1 $120.00 am
Analyze and update attorney notebooks re Moe Schroter Etrans Deposition Transcript 2/11/2013 Craft, Julie $24.00 0.2 $120.00 02-01-2013
Analyze and update attorney notebooks re Minute Entry for Motion Hearing held 02-07-2013, 2/11/2013 Craft, Julie $12.00 0.1 $120.00 setting Hearing 02-12-2013
Additional deposition exhibit preparation for upcoming depositions of 5. Hall, M. 2/11/2013 Craft, Julie $204.00 1.7 $120.00 Bartek, M. Lawrence and H. Rester; Final confirmation with court reporter
2/11/2013 Summers, Melissa $48.00 0.4 $120.00 Prepare correspondence to Brooks Reporting enclosing Bill Hahn's errata sheet
Prepare Deposition outlines of Mark Lawrence and Duane Stalcup; identify, review, and analyze documents to be used as exhibits for depositions of Mark Lawrence, Duane Stalcup, Heath Rester, and Mindy Bartek; travel from Jackson, Mississippi to 2/11/2013 Bernier, Michael $1,739.50 7.1 $245.00 MountPleasant, Texas
Confer with Brad Moody and Mike Bernier regarding depositions of Mark Norman and upcoming deposition of Scott Hall; review Scott Hall documents in order to request certain issues be addressed; continue work on KLLM's response to motion for summary judgment; begin review of expert materials in order to begin preparation 2/12/2013 Frost, Cable $348.00 1.2 $290.00 process
2/12/2013 Moody, Brad C. $392.00 1.6 $245.00 Begin deposition of Scott Hall
2/12/2013 Moody, Brad C. $171.50 0.7 $245.00 Participate in follow up hearing on motion to compel
Review and revise proposed order from JBS Carriers re Judge Anderson's ruling on 2/12/2013 Moody, Brad C. $73.50 0.3 $245.00 motion to compel
2/12/2013 Moody, Brad C. $269.50 1.1 $245.00 Final preparation for depositions of Mark Norman and Scott Hall
2/12/2013 Moody, Brad C. $2,033.50 8.3 $245.00 Conduct deposition of Mark Norman
2/12/2013 Craft, Julie $12.00 0.1 $120.00 Correspond with Merrill re cancellation of Shawn Taylor deposition due to sickness
Analyze and identify prior exhibits for use in today's depositions; Correspond with M. 2/12/2013 Craft, Julie $36.00 0.3 $120.00 Bernier re same
Prepare for depositions of Mark Lawrence, Duane Stalcup, and Heath Rester; participate in depositions of Mark Norman and Scott Hall; travel from Mount Pleasant, 2/12/2013 Bernier, Michael $2,597.00 10.6 $245.00 Texas to Pittsburgh, Texas and back
Review certain deposition testimony [REDACTED\]
; confer
with Brad Moody regarding Judge Anderson's ruling regarding production of the Tyson
contract and other materials; continue work with expert materials in order to begin
2/13/2013 Frost, Cable $493.00 1.7 $290.00 expert preparation
2/13/2013 Moody, Brad C. $661.50 2.7 $245.00 Travel to Lufkin, Texas from Mt. Pleasant for deposition of Mindy Bartek
Conduct and participate in depositions of Scott Hall, Mark Lawrence, Duane Stalcup,
2/13/2013 Moody, Brad C. $2,376.50 9.7 $245.00 and Heath Rester
Review and analyze documents in preparation for depositions of Mark Lawrence,
Duane Stalcup, and Heath Rester; participate in deposition of Scott Hall; conduct
depositions of Mark Lawrence, Duane Stalcup, and Heath Rester; travel from
2/13/2013 Bernier, Michael $4,042.50 16.5 $245.00 Pittsburgh, Texas to Jackson, Mississippi
Continue work on analysis of certain materials ordered to be produced by Judge
Anderson; confer with Brad Moody regarding correspondence with Judge Anderson
and Jim Richards; review deposition testimony of Jim Richards and Brandon Wood in
order to analyze Tyson questions asked by counsel for JBS; review testimony Todd
Gooch [REDACTED\]
continue analysis of expert materials and KLLM's reply in support of motion for
2/14/2013 Frost, Cable $899.00 3.1 $290.00 summary judgment
2/14/2013 Moody, Brad C. $318.50 1.3 $245.00 Review outline and exhibits to prepare for deposition of Mindy Bartek
2/14/2013 Moody, Brad C. $147.00 0.6 $245.00 Conference with counsel for JBS after deposition to address discovery issues
2/14/2013 Moody, Brad C. $1,347.50 5.5 $245.00 Travel from Lufkin, TX to Jackson
2/14/2013 Moody, Brad C. $661.50 2.7 $245.00 Conduct deposition of Mindy Barteck
Correspondence with L. Robinson's office re JBS Carriers's Designation of Expert
2/14/2013 Craft, Julie $24.00 0.2 $120.00 Witnesses; Analyze and categorize same
2/14/2013 Bernier, Michael $73.50 0.3 $245.00 Draft Discovery Responses to JBS Carriers' Fourth Set of Discovery
Receive and review Tyson contract in order to determine whether certain contents or
information would cause concern to KLLM or Tyson; confer with Brad Moody
regarding conversations with Jim Richards and Terry Thornton in the production of the
Tyson contract; review proposed draft order for counsel of JBS regarding Judge
Anderson's ruling on motion to compel; provide suggested revisions/edits to same;
confer with Brad Moody regarding KLLM's challenge to Judge Anderson's ruling and
structure of proposed order in light of same; review expert report and supportive
2/15/2013 Frost, Cable $725.00 2.5 $290.00 materials of Carl Brooking and compare to report of Brent Saunders
2/15/2013 Moody, Brad C. $147.00 0.6 $245.00 Review and analyze contract with Tyson to evaluate issues re magistrate's order
Telephone conferences with Terry Thornton and Jim Richards re Texas depositions and
2/15/2013 Moody, Brad C. $98.00 0.4 $245.00 issues with ruling on motion to compel
2/15/2013 Moody, Brad C. $220.50 0.9 $245.00 Evaluate grounds for appealing order on motion to compel as to Tyson contract
Telephone conference with counsel for JBS Carriers re discovery issues and order on
2/15/2013 Moody, Brad C. $171.50 0.7 $245.00 motion to compel
Revise and edit proposed order on motion to compel drafted by counsel for JBS
2/15/2013 Moody, Brad C. $147.00 0.6 $245.00 Carriers to ensure accuracy
Review and analyze unmanned tractor reports for 2009 and 2010 received from Terry
Thornton; conduct research regarding appealing magistrate Judge's order compelling
2/15/2013 Bernier, Michael $269.50 1.1 $245.00 discovery
Conduct research regarding contract modification under Texas law and termination of
fixed-term contracts to prepare to draft reply brief in support of motion for summary
2/17/2013 Bernier, Michael $490.00 2 $245.00 judgment
Continue work on faults for KLLM's reply in support of its motion for summary
judgment; confer with Steve kennedy regarding [REDACTED\]
review deposition testimony of Nick White for purposes of
response; confer with Brad Moody regarding outstanding discovery tasks to be
completed prior to discovery closure; confer with Brad Moody regarding KLLM's
2/18/2013 Frost, Cable $725.00 2.5 $290.00 decision to appeal Judge Anderson's order regarding production of the Tyson contract
2/18/2013 Moody, Brad C. $73.50 0.3 $245.00 Evaluate
2/18/2013 Bernier, Michael $98.00 0.4 $245.00 Draft Responses to JBS Carriers' Fourth Set of Requests for Production of Documents
Receive and review JBS's response to KLLM's Fifth request for production of
documents; examine documents provided to date by JBS detailing JBS's performance
under schedule A and other dedicated arrangements; confer with Brad Moody
regarding extension of time to file reply & support of motion; confer with Brad Moody
regarding additional depositions of Rodriguo Horvath; Bill Lovette; and Cassey Morris;
review deposition testimony of Monte Epps regarding discussions of tracking of
ontime deliveries through JBS's system; review charts detailing plant by plant ontime
2/19/2013 Frost, Cable $812.00 2.8 $290.00 performance as discussed in deposition of Lee Blackmon and Clay Matthews
Analyze and begin to categorize 2009 and 2010 unmanned tractor reports and prepare
2/19/2013 Craft, Julie $24.00 0.2 $120.00 same for production
Review and analyze unmanned tractor reports and tractor purchases for document
2/19/2013 Bernier, Michael $196.00 0.8 $245.00 production
Review Tyson contract in order to determine solution for pending discovery dispute;
review questions asked in depositions regarding Tyson contract and steps taken to
KLLM to provide service required; review briefing of Tyson issue before Judge
2/20/2013 Frost, Cable $522.00 1.8 $290.00 Anderson
Analyze and categorize the completed Errata Sheet from Monty Epps's deposition
2/20/2013 Craft, Julie $12.00 0.1 $120.00 transcript
2/20/2013 Craft, Julie $24.00 0.2 $120.00 Correspondence to T. Thornton re completed Errata Sheet
Analyze and Continue to categorize 2009 and 2010 unmanned tractor reports and
2/20/2013 Craft, Julie $216.00 1.8 $120.00 prepare same for production
Analyze communication between counsel and identify names for additional witness
2/20/2013 Craft, Julie $12.00 0.1 $120.00 folders needed for Cassey Morris, Bill Lovett and Rodrigo Horvath
2/20/2013 Craft, Julie $12.00 0.1 $120.00 Analyze and upload video deposition of Moe Schroter
Analyze and categorize the completed Errata Sheet from Bill Hahn's deposition
2/20/2013 Craft, Julie $12.00 0.1 $120.00 transcript
Analyze and identify new deadlines contained in email between counsel re discovery
response deadline of February 25th and Reply to Motion for Partial Summary
2/20/2013 Craft, Julie $24.00 0.2 $120.00 Judgment of March 8
2/20/2013 Craft, Julie $12.00 0.1 $120.00 Analyze and upload video deposition of Lee Blackmon
Analyze and categorize the completed Errata Sheet from Brandon Woods's deposition
2/20/2013 Craft, Julie $12.00 0.1 $120.00 transcript
2/20/2013 Bernier, Michael $24.50 0.1 $245.00 Revise Responses to JBS Carriers' Fourth Set of Requests for Production
Review depositions of Nick White and Brianna Cole in order to analyze privilege issues
invoked by JBS's voluntary offering of them as witnesses with regard to the settlement
agreement and negotiations with regard to customer claims; continue work onKLLM's
motion for summary judgment; begin update of key timeline to include things for
2/21/2013 Frost, Cable $841.00 2.9 $290.00 motion and trial
2/21/2013 Moody, Brad C. $49.00 0.2 $245.00 Revise and edit responses to JBS Carriers' fourth set of discovery requests
Conference with B. Moody re next week's production, unmanned tractor reports and
2/21/2013 Craft, Julie $12.00 0.1 $120.00 related issues
Conduct research regarding contract modification under Texas law for Reply
2/21/2013 Bernier, Michael $122.50 0.5 $245.00 Memorandum in Support of Motion for Summary Judgment
2/22/2013 Craft, Julie $12.00 0.1 $120.00 Conference with M. Bernier re Monday's document production and related tasks
Review summary judgment and response in order to continue work on KLLM's reply in
support of motion; confer with Mike Bernier regarding same review deposition
2/25/2013 Frost, Cable $1,044.00 3.6 $290.00 testimony re Rodrigo Horvath and Bill Lovette (3.6)
Work on and finalize KLLM's document production and KLLM's Response to Fourth Set
of RPODs; Prepare Notice of Service and electronically submit same to Court; Prepare
electronic versions of documents produced and forward same to all counsel; Email to
2/25/2013 Craft, Julie $516.00 4.3 $120.00 all counsel
2/25/2013 Summers, Melissa $144.00 1.2 $120.00 Work on creating documents to be produced into PDF format
Revise Responses to JBS Carriers' Fourth Set of Requests for Production of Documents;
review and analyze deposition testimony of Nick White in preparation for drafting
2/25/2013 Bernier, Michael $465.50 1.9 $245.00 Reply Memorandum in Support of Motion for Summary Judgment
Analyze Order Granting Motion to Compel and identify deadlines; Communicate with
2/26/2013 Craft, Julie $24.00 0.2 $120.00 attorney re same, related tasks
2/26/2013 Craft, Julie $24.00 0.2 $120.00 Analyze Etrans of Mindy Bartek and update attorney notebooks accordingly
2/26/2013 Craft, Julie $12.00 0.1 $120.00 Correspond with T. Thornton re follow-up on errata sheet
Conduct research regarding interpretation of settlement agreements under Mississippi
law; review and analyze deposition transcript of Clay Matthews; draft Reply
2/26/2013 Bernier, Michael $710.50 2.9 $245.00 memorandum in Support of Motion for Summary Judgment
Examine reports of Dr. Carl Brooking and Brent Saunders in order to begin process of
analyzing of different methodology with regard to lost profits; review idle tractor
report by Dr. Brooking in comparison to comments from Brent Saunders; review
deposition testimony of Terry Thornton regarding idle tractor report and inclusion of
2/27/2013 Frost, Cable $435.00 1.5 $290.00 new and disabled tractors
Review Judge Anderson's Order and applicable standards of review in order to discuss
wisdom of appealing discovery order to Judge Wingate; confer with Body and
Mike Bernier regarding t Tyson contract
confer with counsel for JBS regarding potential solution to producing Tyson contract;
2/27/2013 Frost, Cable $812.00 2.8 $290.00 continue work on motion for summary judgment
Analyze and update attorney notebooks re recent communication, pleadings;
2/27/2013 Craft, Julie $36.00 0.3 $120.00 Conference with R. Yarborough re status and related tasks
Conduct research regarding appealing Magistrate Judge's Order on JBS' Motion to
Compel; review and analyze deposition transcripts for drafting Reply Memorandum in
2/27/2013 Bernier, Michael $318.50 1.3 $245.00 support of Motion for Summary Judgment
Review and analyze Tyson contract and also parts in preparation for upcoming call to
Jim Richards; confer with counsel for JBS in attempt to begin process of finding a work
around for production of Tyson contract; receive and review proposed motion in order
of extending discovery; receive and begin review of deposition summaries from Mike
2/28/2013 Frost, Cable $899.00 3.1 $290.00 Bernier regarding Texas depositions
Analyze and update attorney notebooks re KLLM's Unopposed Motion for Extension of
Time to File Rebuttal in Support of Motion for Partial Summary Judgment; Update
2/28/2013 Craft, Julie $24.00 0.2 $120.00 calendar accordingly
2/28/2013 Craft, Julie $24.00 0.2 $120.00 Letter to Brooks Court Reporting re completed Errata Sheet for Terry Thornton
Phone conversation with Court Administrator regarding pending motions; draft
Unopposed Motion for Second Extension of Time and Agreed Order Granting same;
exchange emails with JBS' counsel regarding document production and scheduling a
meeting regarding same; draft Rebuttal Memorandum in Support of Motion for
Summary Judgment; send email to Terry Thornton regarding status of financial
2/28/2013 Bernier, Michael $1,078.00 4.4 $245.00 document compiling
Receive and review joint motion to amend CMO to extend discovery and expert
deadlines; conference call with Jim Richards [REDACTED\]
conference call with counsel for JBS to discuss discovery deadlines,
additional depositions and potential compromises short of producing the actual Tyson
contract; conference with Mike Bernier regarding motion for summary judgment
3/1/2013 Frost, Cable $899.00 3.1 $290.00 [REDACTED\]
Draft Rebuttal Memorandum in support of Motion for Summary Judgment; review and
analyze deposition transcripts for drafting Rebuttal memorandum; conduct
conference call with JBS' counsel regarding discovery issues; conduct research
3/1/2013 Bernier, Michael $1,200.50 4.9 $245.00 regarding contract modifications under Texas law
3/2/2013 Bernier, Michael $661.50 2.7 $245.00 Draft Reply Memorandum in Support of Motion for Summary Judgment
Draft Reply Memorandum n Support of Motion for Summary Judgment; review and
analyze deposition transcripts of Briana Cole, Lee Blackmon, and Todd Gooch; conduct
3/3/2013 Bernier, Michael $1,004.50 4.1 $245.00 research regarding contract cause for termination
3/4/2013 Kennedy, Steve $87.00 0.3 $290.00 E-correspondence with T. Thornton regarding [REDACTED\]
Review and analyze depositions of KLLM, JBS, and Pilgrim's Pride witnesses for
references to Rodrigo Horvath and Bill Layette to refute JBS' objections to depositions
of them; conduct research regarding distinction between interpretation of
contractmodification and harmonizing terms within contract; draft Reply
3/4/2013 Bernier, Michael $1,494.50 6.1 $245.00 Memorandum in Support of Motion for Partial Summary Judgment
Review chart of Dr. Carl Brooking in comparison with opinions and graphics from
defendant's expert, Brent Saunders; review deposition testimony referencing Horvath
and Lovette; confer with Lyle Robinson regarding same; review Tyson contract for
3/5/2013 Frost, Cable $754.00 2,6 $290.00 potentially sensitive provisions and areas which would lend itself to redaction
Confer with T. Thornton regarding JBS case damages and discovery issues and analysis
3/5/2013 Kennedy, Steve $174.00 0.6 $290.00 of how to handle and whether to appeal Magistrate's ruling to Judge Wingate
Analyze and update attorney notebooks re Joint Motion to Amend Case Management
Order, entered by parties; Communication with Merrill Court Reporting re deposition
transcripts of S. Hall, M. Lawrence, D. Stalcup, H. Rester and M. Norman and exhibits
3/5/2013 Craft, Julie $132.00 1.1 $120.00 to same; update attorney notebooks accordingly.
review and analyze deposition transcripts of Mark Lawrence, Heath Rester, Duane
Stalcup, Scott Hall, and Mark Norman; conduct research regarding harsh and
unreasonable consequences of contract interpretation argument made by JBS; draft
3/5/2013 Bernier, Michael $1,249.50 5.1 $245.00 Reply Memorandum in Support of Motion for Partial Summary Judgment
Confer with Brad Moody and client regarding appeal of financial documents and the
Tyson contract as ordered by Judge Anderson; briefly review case law regarding same;
confer with counsel for JBS regarding Tyson contract and a potential compromise
3/6/2013 Frost, Cable $812.00 2.8 $290.00 short of producing actual contact; continue work on motion for summary judgment
3/6/2013 Kennedy, Steve $174.00 0.6 $290.00 Analyze mediation possibilities for JBS
3/6/2013 Moody, Brad C. $73.50 0.3 $245.00 Correspond with experts re depositions
3/6/2013 Moody, Brad C. $49.00 0.2 $245.00 Correspond with Terry Thornton re discovery issues
Review of information and case status report forwarded by C. Frost; Conference with:
3/6/2013 Yarborough, Richar $145.00 0.5 $290.00 Brad Moody regarding mediation of case.
Analyze and update attorney notebooks, calendar re Agreed Order Granting Extension
3/5/2013 Craft, Julie $12.00 0.1 $120.00 of Time to File Rebuttal
Analyze and update attorney notebooks, calendar re AMENDED Agreed Order
3/6/2013 Craft, Julie $12.00 0.1 $120.00 Granting Extension of Time to File Rebuttal
Draft and revise Reply Memorandum in Support of Motion for Partial Summary
3/6/2013 Bernier, Michael $441.00 1.8 $245.00 Judgment
Analyze and update attorney notebooks, calendar re Agreed Order entered resetting
3/7/2013 Craft, Julie $24.00 0.2 $120.00 discovery, motions deadlines
Draft and revise Reply Memorandum in Support of Partial Motion for Summary
3/7/2013 Bernier, Michael $686.00 2.8 $245.00 Judgment
Analyze, identify and prepare exhibits to Reply of KLLM in Support of Motion for
3/8/2013 Craft, Julie $120.00 1 $120.00 Partial Summary Judgment
Exchange emails with JBS' counsel regarding deadline for Reply Memorandum;
conduct research regarding standard for Rule 72 appeal of magistrate judge's order on
3/8/2013 Bernier, Michael $49.00 0.2 $245.00 motion to compel
3/10/2013 Moody, Brad C. $269.50 1.1 $245.00 Revise and edit reply brief in support of motion for summary judgment
Review and provide suggestions to Mike Bernier regarding KLLM's reply in support of
3/11/2013 Frost, Cable $841.00 2.9 $290.00 motion for summary judgment; review and approve final draft of the reply
3/11/2013 Moody, Brad C. $73.50 0.3 $245.00 Draft/revise insert for audit response letter
3/11/2013 Moody, Brad C. $98.00 0.4 $245.00 Draft/revise update on discovery issues to send to client
3/11/2013 Moody, Brad C. $612.50 2.5 $245.00 Analyze case law for appeal of magistrate's ruling on motion to compel
3/11/2013 Moody, Brad C. $710.50 2.9 $245.00 Begin drafting and revising appeal of magistrate's ruling
3/11/2013 Yarborough, Richar $290.00 1 $290.00 Review of KLLM reply brief; Conference with Mike Bernier and Brad Moody
Continue to Analyze, identify and prepare exhibits to Reply of KLLM in Support of
Motion for Partial Summary Judgment; Electronically submit same to Court and all
3/11/2013 Craft, Julie $180.00 1.5 $120.00 counsel
Conference with R. Yarborough and S. Kennedy re status, recent pleadings and
3/11/2013 Craft, Julie $60.00 0.5 $120.00 upcoming deadlines:
Revise and finalize Reply Memorandum in Support of Motion for Partial Summary
Judgment and have filed same; conduct research regarding discovery of third party
confidential materials; conduct research regarding duty to mitigate lost profit
3/11/2013 Bernier, Michael $857.50 3.5 $245.00 damages
Prepare for and participate in conference call with Jim Richards and Terry Thornton to
discuss KLLM's position with regard to additional mediation; confer with counsel for
JBS regarding Tyson contract and expert depositions; draft email correspondence to
counsel for JBS addressing KLLM's position with regarding to mediation, availability of
experts and KLLM's intent to conduct the deposition of Horvath and Lovette; review
and provide revisions to KLLM's brief requesting that Judge Wingate review and
modify the discovery order entered by Judge Anderson; confer with Brad Moody
regarding same; confer with Steve Kenneth [REDACTED\]
3/12/2013 Frost, Cable $986.00 3.4 $290.00 [REDACTED\]
Telephone call with Jim and Terry regarding JBS damages and [REDACTED\]
3/12/2013 Kennedy, Steve $174.00 0.6 $290.00 [REDACTED\] review of discovery appeal in JBS case
3/12/2013 Moody, Brad C. $49.00 0.2 $245.00 Correspond with Dr. Brooking re deposition dates
3/12/2013 Moody, Brad C. $49.00 0.2 $245.00 Correspond with Blue Keene re deposition dates
Continue revising and editing appeal brief challenging magistrate judge's ruling on
3/12/2013 Moody, Brad C. $686.00 2.8 $245.00 motion to compel and finalize same for filing
3/12/2013 Moody, Brad C. $269.50 1.1 $245.00 Continue analyzing law for appeal
Analyze and Finalize Application for Stay of February 26, 2013 Order Pending Ruling on
3/12/2013 Craft, Julie $36.00 0.3 $120.00 Motion to Review and electronically submit same Court, all counsel
Correspond with court reporter re location and availability for videoconference
3/12/2013 Craft, Julie $24.00 0.2 $120.00 deposition for Shawn Taylor; Report findings to B. Moody
Analyze, identify and prepare exhibits to Objections and Motion to Review
Magistrate's February 26, 2013 Order; Finalize document and electronically submit
3/12/2013 Craft, Julie $180.00 1.5 $120.00 same to Court and all counsel
Draft Motion to Stay Effect of Magistrate's Order Granting JBS' Motion to Compel
pending resolution of appeal to District Court Judge; conduct research regarding
procedure for receiving stay of magistrate's order pending decision on appeal to
District Court Judge; conduct research regarding appeal of magistrate's order to
3/12/2013 Bernier, Michael $710.50 2.9 $245.00 district court judge
Review expert report of Blue Keene in preparation for expert depositions; review
materials provided to Blue Keene in order to prepare for telephonic prep of Keene for
deposition; confer with Brad Moody regarding expert discovery and motion
practice;receive and review KLLM's motion to stay Judge Andersen's order pending
resolution by Judge Wingate;, r with Steve Kennedy regarding case strategy;
prepare for and participate in conference call with Lyle Robinson to discuss various
discovery issues as well as proposed mediation; begin review of Brianna Cole's
testimony with an eye towards possibly excluding some based on JBS's selective
3/13/2013 Frost, Cable $928.00 3.2 $290.00 assertion of privilege (3.2)
3/13/2013 Kennedy, Steve $87.00 0.3 $290.00 Analysis of punitive claim in JBS case
3/13/2013 Moody, Brad C. $73.50 0.3 $245.00 Revise and edit motion to stay proceedings pending appeal
Prepare Notice of Depositions of Bill Lovette and Rodrigo Horvath; Electronically
3/13/2013 Craft, Julie $48.00 0.4 $120.00 submit same to Court; Update attorney calendars accordingly
Prepare Notice of Depositions of Cassey Morris; Analyze information re Cassey Morris;
3/13/2013 Craft, Julie $48.00 0.4 $120.00 Electronically submit same to Court; Update attorney calendars accordingly
Additional work to locate videoconferencing court reporting agency for S. Taylor
deposition; Correspond with Merrill Corp. re March 29th for Taylor deposition if
location is found and workable; Review potential locations; Communicate with
3/13/2013 Craft, Julie $84.00 0.7 $120.00 Houston office requesting sites at or near Lufkin, TX
Review and analyze Complaint and discovery to ascertain whether Complaint needs to
be amended; conduct research regarding availability of punitive damages in breach of
3/13/2013 Bernier, Michael $367.50 1.5 $245.00 contract action
Review complaint regarding KLLM's claim for punitive damages; evaluate testimony of
Clay Matthews and Nick White to determine whether substantiation for punitive
damages exists at this point; examine deposition testimony regarding Rodrigo Horvath
and Bill Lovette [REDACTED\]
continue work on upcoming expert depositions
3/14/2013 Frost, Cable $667.00 2.3 $290.00 2.8
Review of pleadings, motions or response to motion for summary judgment;
Conference with S. Kennedy regarding case issues; Review of filing addressing appeal
3/14/2013 Yarborough, Richar $290.00 1 $290.00 of magistrate ruling on discovery
Conduct research regarding availability of punitive damages for breach of good faith
and fair dealing; conduct research regarding pleading requirements for breach of good
faith and fair dealing; review and analyze complaint in light of research to ascertain
3/14/2013 Bernier, Michael $612.50 2.5 $245.00 whether pleadings should be amended
Analyze Exhibit 134 through Exhibit 158 and itemize Bates Numbered documents
3/15/2013 Craft, Julie $96.00 0.8 $120.00 referenced
3/15/2013 Bernier, Michael $833.00 3.4 $245.00 Draft First Amended Complaint
Confer with counsel for JBS regarding remaining discovery and requested depositions
of Horvath and Lovette; confer with Brad Moody regarding expert preparation in
depositions; begin preparations of preparation for Cassie Morris; Horvath and
Lovette; review JBS's identification of potential witnesses and timing of same in
3/18/2013 Frost, Cable $609.00 2.1 $290.00 anticipation of motion for protective order (2.1)
3/18/2013 Bernier, Michael $0.00 0 $0.00 Draft First Amended Complaint
Examine deposition testimony regarding Horvath's involvement with transportation
agreement and dedicated services agreement; confer with Mike Bernier regarding
deposition experts of testimony referencing Horvath and Lovette; Review
correspondence regarding requests for depositions prior to expiration of discovery
deadline; confer with counsel for JBS regarding motion for protective order and good
3/19/2013 Frost, Cable $435.00 1.5 $290.00 faith certificate (1.5)
3/19/2013 Bernier, Michael $0.00 0 $0.00 Draft First Amended Complaint
Receive and begin review of JBS's motion for protective order, supporting law and
deposition excerpts; confer with Mike Bernier regarding same; receive and review
draft amended answer asserting additional counts to support punitive damages;
3/20/2013 Frost, Cable $638.00 2.2 $290.00 confer with Brad Moody regarding timing of same (2.2)
Work to locate and secure deposition videoconference room in Lufkin, TX for
deposition of Shawn Taylor; Conference with M. Bernier and B. Moody re same, dates
3/20/2013 Craft, Julie $60.00 0.5 $120.00 to confirm
Draft and send email to JBS' counsel regarding deposition of Shawn Taylor and
requesting consent to amend Complaint; review and analyze JBS' Motion for
Protective Order and Brief in Support of same; conduct research regarding leave to
3/20/2013 Bernier, Michael $686.00 2.8 $245.00 take additional depositions
3/21/2013 Kennedy, Steve $87.00 0.3 $290.00 Receive and review JBS motion and brief opposing deposition
Analyze and update attorney notebooks re JBS Carriers' Motion to Extend Reply in
Support of Cross-Motion for Partial Summary Judgment Deadline; Calculate and
3/21/2013 Craft, Julie $24.00 0.2 $120.00 calendar Response deadline for same
Prepare Re-Notice of Deposition of Shawn Taylor; Electronically submit same to Court
and all counsel; Multiple conferences with Media Services Group to confirm and
provide information regarding videoconference; Correspond with Lufkin Court
Reportingto confirm and provide information for court reporter; Work with IT
3/21/2013 Craft, Julie $96.00 0.8 $120.00 department to confirm and arrange videoconference at our office.
Analyze and update attorney notebooks re JB5 Carriers' Motion for Protective Order
Regarding Two Depositions, Memo in Support; Calculate and calendar Response
3/21/2013 Craft, Julie $36.00 0.3 $120.00 deadline for same
Review and analyze declarations of Rodrigo Horvath and Bill Lovette accompanying
JBS' Motion for Protective Order; review and analyze deposition testimony regarding
Rodrigo Horvath and Bill Lovette in preparation for drafting Response; conduct
3/21/2013 Bernier, Michael $514.50 2.1 $245.00 research regarding timeliness of KLLM's deposition notices of Horvath and Lovette
Continue review of motion for protective order and supporting materials; provide
thoughts to Mike Bernier for repsonse brief to motion; examine JBS's identification of
3/22/2013 Frost, Cable $725.00 2.5 $290.00 potential witnesses and sequencing requests of depositions (2.5)
Phone conversation with counsel for JBS regarding our request to amend Complaint;
review and analyze court filings and communications between counsel for JBS and
3/22/2013 Bernier, Michael $416 50 1.7 $245.00 KLLM in preparation for drafting Response to Motion for Protective Order
Review and analyze discovery responses and deposition testimony regarding Rodrigo
Horvath and Bill Lovette in preparation for drafting Response to Motion for Protective
3/23/2013 Bernier, Michael $1,029.00 4.2 $245.00 Order; draft Response to Motion for Protective Order
Continue drafting Response to Motion for Protective Order; conduct research
3/24/2013 Bernier, Michael $1,592.50 6.5 $245.00 regarding taking depositions in excess of case management order
Prepare electronic witness folders for Cassey Morris, Rodrigo Horvath and Bill Lovette
for attorney review in preparation for upcoming depositions; analyze and identify key
3/25/2013 Cock, Dale $360.00 3 $120.00 documents produced by all parties in preparation for upcoming depositions
Receive and review memo prepared by Mike Bernier regarding Bill Lovette and
Rodrigo Horvath; revise and edit KLLM's response to JBS's motion for protective order;
3/25/2013 Frost, Cable $580.00 2 $290.00 confer with Mike Bernier regarding same; review final copy prior to filing
Analyze, identify and redact exhibits for Response to Motion for Protective Order;
3/25/2013 Craft, Julie $240.00 2 $120.00 Revisions to Response to Motion; Electronically submit same to Court and all counsel
3/25/2013 Bernier, Michael $710.50 2.9 $245.00 Continue drafting Response to JBS Carriers' Motion for Protective Order
Analyze and identify key documents to be used at the deposition of Shawn Taylor;
review email re cancellation of deposition and need to reschedule for April 5, 2013;
3/26/2013 Cook, Dale $348.00 2.9 $120.00 contact court reporter re same
Prepare for and participate in call with counsel for JBS to discuss motion for protective
order, upcoming depositions and documents owed to JBS; confer with Mikaanier
regarding filing motion to amend; punitive damages; review draft
complaint with additional detail with breach of good faith and fair dealing as well as
tortuous interference with contract; review testimony sited by KLLM in opposition of
3/26/2013 Frost, Cable $812.00 2.8 $290.00 motion for protective order in order to respond to questions posed by counsel for JBS
3/26/2013 Bernier, Michael $24.50 0.1 $245.00 Exchange emails with JBS Carriers' counsel regarding deposition of Shawn Taylor
Continue preparing electronic witness folder for Bill Lovette for attorney review in
preparation for upcoming depositions; extensive google search re witness and confer
3/27/2013 Cook, Dale $240.00 2 $120.00 with Cable Frost re same; calendar Hearing for April 3, 2013
Receive and begin review of JBS's reply in support of its cross motion for summary
judgment; review case law cited in JBS motion as well as deposition testimony; confer
with Mike Bernier regarding potential motion based on back door attempt to get the
last word on KLLM's motion for summary judgment review recent case law striking of
an alleged summary judgment pleading which does not seek ultimate dispositive
relief; begin work on depositions of Horvath and Lovette; begin review of document
3/27/2013 Frost, Cable $1,102.00 3.8 $290.00 file on Cassie Morris; conduct internet research on Horvath and Lovette (3.8)
Conduct research regarding amending Complaint; review and analyze deposition
transcripts and written discovery in preparation for drafting Motion to for Leave to
Amend Complaint; review and analyze JBS Carriers' Reply Memorandum in Support of
3/27/2013 Bernier, Michael $686.00 2.8 $245.00 Cross-Motion for Summary Judgment and conduct research regarding same
Continue review of JBS's alleged reply to its cross-motion for summary judgment;
confer with Mike Bernier regarding thoughts on striking the pleading; additional
conversation with Mike Bernier regarding motion to amend answer to clarify punitive
3/28/2013 Frost, Cable $899.00 3.1 $290.00 damages claim; continue deposition prep for upcoming witnesses in Colorado (3.6)
Review and analyze JBS Carriers' Reply Memorandum in Support of Cross-Motion for
3/28/2013 Bernier, Michael $490.00 2 $245.00 Summary Judgment and conduct research regarding same
Receive and review JBS's response to KLLM's motion to stay and for relief from
magistrate order; receive and review JBS's response to KLLM's motion for relief from
magistrate order; confer with Mike Bernier regarding same; continue preparation for
3/29/2013 Frost, Cable $638.00 2.2 $290.00 depositions in Colorado
3/29/2013 Bernier, Michael $514.50 2.1 $245.00 Draft Motion for Leave to Amend Complaint; conduct research regarding same
Confer with Mike Bernier re additional documents needed for upcoming deposition of
4/1/2013 Cook, Dale $12.00 0.1 $120.00 Shawn Taylor
Confer with Mike Bernier and Steve Kennedy regarding punitive damages claims and
motion to amend complaint; review draft complaint asserting additional claims for
tortious interference with contract and revised count for breach of good faith and fair
dealing; receive and review filings from JBS regarding JBS's motion for protective
order, KLLM's motion for stay and upcoming hearing; confer with Mike Bernier
regarding hearing on JBS's motion for protective order and arguments to make for
purposes of obtaining depositions of Horvath and Lovette; continue prep for
4/1/2013 Frost, Cable $870.00 3 $290.00 depositions of Horvath and Lovette
4/1/2013 Yarborough, Richar $174.00 0.6 $290.00 Review of pleadings filed in action
Analyze and identify deadlines associated with JBS Carriers's Response in Opposition
and Memo re Motion for Review of Magistrate Judge Order; Update attorney
4/1/2013 Craft, Julie $36.00 0.3 $120.00 notebooks accordingly
Analyze and identify deadlines associated with Plaintiff's Notice of Non-Filing of
Written Reply in Support of Motion by JBS Carriers, Inc. and update attorney
4/1/2013 Craft, Julie $12.00 0.1 $120.00 notebooks accordingly
Analyze and identify deadlines associated with JBS Carriers's Response in Opposition
re Motion to Stay Proceedings of February 26, 2013 Order Pending Ruling on Motion
4/1/2013 Craft, Julie $24.00 0.2 $120.00 to Review and update attorney notebooks accordingly
Analyze and identify deadlines associated with JBS Carriers's Reply Memo in Support
of its Cross Motion for Summary Judgment and update attorney notebooks
4/1/2013 Craft, Julie $24.00 0.2 $120.00 accordingly
Analyze and identify deadlines associated with Hearing set for April 3, 2013 and
4/1/2013 Craft, Julie $12.00 0.1 $120.00 update attorney notebooks accordingly
Analyze and identify deadlines associated with KLLM's Response to Motion for
Protective Order Relating to Two Depositions and update attorney notebooks
4/1/2013 Craft, Julie $24.00 0.2 $120.00 accordingly
Prepare Re-Notice of Deposition of Horvath, Lovette and Morris for April 11, 2013;
Electronically submit same to Court and all counsel; Correspond with court reporter re
4/1/2013 Craft, Julie $60.00 0.5 $120.00 same
Locate and mark all printouts and electronic versions of Scott Hall deposition
4/1/2013 Craft, Julie $24.00 0.2 $120.00 transcripts as Protected by Protective Order
Exchange emails with Terry Thornton regarding documents needed for Court's order;
study JBS' responses to motion to stay proceedings and motion for review of
magistrate's order; prepare for hearing on motion to stay proceedings and motion for
4/1/2013 Bernier, Michael $1,078.00 4.4 $245.00 protective order
Finish preparing exhibits to be used at Shawn Taylor's deposition and overnight
4/2/2013 Cook, Dale $120.00 1 $120.00 exhibits to the court reporter
Continue preparations for upcoming depositions of Horvath and Lovett; confer with
Mike Bernier for upcoming hearing on JBS's motion for protective order seeking to.
quash the deposition of Horvath and Lovett; review email correspondence from JBS
regarding stipulation stay pending review of Judge Andersen's order; confer with Mike
Bernier regarding same; confer with Mike Bernier regarding punitive damages
4/2/2013 Frost, Cable $725.00 2.5 $290.00 allegations
Prepare Re-Notice of Deposition of Shawn Taylor; Teleconference with
videoconference group in Lufkin, TX; Teleconference with Court Reporter in Lufkin, TX;
Correspond with IT regarding set-up of video conference; Forward all information to M.
Bernier; Electronically submit Re-Notice to Court and all counsel; Update notebooks
4/2/2013 Craft, Julie $120.00 1 $120.00 and calendar accordingly
Prepare for hearing on motion to stay proceedings and JBS' motion for protective
order; exchange emails with JBS' counsel regarding motion to stay proceedings;
4/2/2013 Bernier, Michael $1,347.50 5.5 $245.00 prepare for deposition of Shawn Taylor
Prepare for and participate in hearing before Judge Andersen regarding JBS's motion
for protective order; draft email correspondence to counsel for IBS post ruling from
Judge Andersen clarifying upcoming depositions and notifying of intent to video; begin
outlines for Horvath and Lovett; begin reviewing deposition testimony referencing
4/3/2013 Frost, Cable $986.00 3.4 $290.00 Horvath and Lovett in preparation for deposition
Continue work regarding due diligence review; work regarding JBS case including
analysis of punitive claim and how to push same
4/3/2013 Kennedy, Steve $290.00 1 $290.00 [/REDACTED]
Review of orders issued in case on discovery disputes; Conference with B. Moody
4/3/2013 Yarborough, Richar $145.00 0.5 $290.00 regarding status of case
Conference with C. Frost re outcome of today's hearing re depositions; Revise
deposition notice and submit same to Court, all counsel; Correspond with court
reporter, videographer; Update calendars accordingly; Analyze Text order denying
Motion for Protective Order and Granting in part, Denying in Part Motion to Stay
4/3/2013 Craft, Julie $120.00 1 $120.00 Proceedings; Update attorney notebooks accordingly
Prepare for hearing motion for protective order and motion stay proceedings; conduct
telephonic hearing on motion for protective order and motion to stay proceedings;
4/3/2013 Bernier, Michael $1,102.50 4.5 $245.00 draft stipulation regarding motion to stay proceedings
Continue preparations for upcoming depositions of Horvath and Lovett; review draft
4/4/2013 Frost, Cable $783.00 2.7 $290.00 stipulation for stay; provide input
Telephone call with T. Thornton regarding JBS depositions of Horworth and Layette
4/4/2013 Kennedy, Steve $203.00 0.7 $290.00 and work with C. Frost regarding questions for same
4/4/2013 Craft, Julie $12.00 0.1 $120.00 Provide motion for protective order briefing to C. Frost
4/4/2013 Bernier, Michael $612.50 2.5 $245.00 Prepare for deposition of Shawn Taylor
Continue outlines for Horvath and Lovett; begin organization and identification of
exhibits to be used in Horvath and Lovett depositions;confer with Brad Moody
regarding punitive damages claim and need to amend complaint for purposes of
4/5/2013 Frost, Cable $1,073.00 3.7 $290.00 clarifying existing claim
Prepare for deposition of Shawn Taylor; conduct deposition of Shawn Taylor; draft
4/5/2013 Bernier, Michael $1,470.00 6 $245.00 memorandum in support of motion for leave to amend complaint
Draft Memorandum in Support of Motion for Leave to Amend Complaint; review and
analyze JBS' Carriers requested revisions for Stipulation regarding KLLM's Application
4/7/2013 Bernier, Michael $1,029.00 4.2 $245.00 for Stay of Magistrate's Order Granting Motion to Compel
Continue preparations and outlines for upcoming depositions of Lovette and Horvath;
continue search for identification of exhibits to use with Horvath and Lovette; conduct
internet searches for articles or statements by Horvath and Lovette; confer with Brad
regarding claim for punitive damages and Motion to Amend; review drafts;
4/8/2013 Frost, Cable $1,131.00 3.9 $290.00 review draft stipulation regarding Motion for Stay
4/8/2013 Bernier, Michael $612.50 2.5 $245.00 Draft and revise Motion for Leave to Amend Complaint
4/9/2013 Kennedy, Steve $203.00 0.7 $290.00 Review motion to amend complaint and punitive evidence in 113S case
4/9/2013 Moody, Brad C. $377.00 1.3 $290.00 Revise and edit amended complaint
4/9/2013 Moody, Brad C. $609.00 2.1 $290.00 Revise and edit motion to amend complaint
4/9/2013 Craft, Julie $24.00 0.2 $120.00 Correspond with MSG PR re Taylor Deposition
4/9/2013 Craft, Julie $120.00 1 $120.00 Prepare exhibits for upcoming depositions in Colorado
4/9/2013 Craft, Julie $240.00 2 $120.00 Work on itemization of prior deposition exhibits for use in future depositions
Finalize and electronically submit the Joint Stipulation Regarding Application for Stay
4/9/2013 Craft, Julie $24.00 0.2 $120.00 of February 26th Order
Draft and revise memorandum in support of motion for leave to amend complaint;
revise joint stipulation regarding application for stay of magistrate's order; conduct
4/9/2013 Bernier, Michael $1,053.50 4.3 $245.00 research regarding sur-reply
Travel to Denver, Colorado for depositions of Bill Lovette, Rodrigo Horvath and Cassey
Morris; continue preparation for outlines and documents to be used on depositions in
4/10/2013 Frost, Cable $3,538.00 12.2 $290.00 Denver
4/10/2013 Moody, Brad C. $116.00 0.4 $290.00 Telephone conference with Dr. Brooking re discovery issues
Additional preparation of exhibits for use during Colorado depositions tomorrow;
Correspond with court reporter re deposition location, security information,
confirmation of same; Additional work to itemize all prior deposition exhibits;
Revisions to Memo in Support of Motion for Leave to Amend Complaint; Prepare
Exhibits to same; Prepare Motion for Leave to Amend Complaint; Electronically submit
4/10/2013 Craft, Julie $360.00 3 $120.00 all to court, all counsel.
Draft Motion for Leave to File Sur-Reply; draft Sur-Reply in Support of Motion for
4/10/2013 Bernier, Michael $1,200.50 4.9 $245.00 Summary Judgment
Prepare for and participate in the depositions of Lovette, Horvath and Morris; return
4/11/2013 Frost, Cable $3,306.00 11.4 $290.00 to Denver from Greeley, Colorado
4/11/2013 Moody, Brad C. $58.00 0.2 $790.00 Telephone conference with Terry Thornton re discovery issues
4/11/2013 Moody, Brad C. $116.00 0.4 $290.00 Revise and edit motion for leave to file surreply
4/11/2013 Moody, Brad C. $609.00 2.1 $290.00 Revise and edit surreply in support of motion for partial summary judgment
4/11/2013 Moody, Brad C. $58.00 0.2 $290.00 Draft/revise declaration for Jim Richards
Review order of magistrate judge and deposition testimony of Brandon Woods to
4/11/2013 Moody, Brad C. $58.00 0.2 $290.00 ensure that Jim Richards' declaration is responsive
4/11/2013 Moody, Brad C. $145.00 0.5 $290.00 Develop additional questions to ask at depositions of Horvath and Lovette
4/11/2013 Moody, Brad C. $435.00 1.5 $290.00 Review documents received from Terry Thornton and identify sections for redaction
4/11/2013 Craft, Julie $24.00 0.2 $120.00 Prepare and electronically submit KLLM's Notice of Local Rule 7(b)(10) Statement
Analyze exhibits in Motion for Summary Judgment for reference in Motion for Leave
4/11/2013 Craft, Julie $36.00 0.3 $120.00 to file SurReply
4/11/2013 Craft, Julie $24.00 0.2 $120.00 Revise and electronically submit KLLM's Motion for Leave to File SurReply Brief
Conference with B. Moody re additional document production of Highly Confidential
4/11/2013 Craft, Julie $24.00 0.2 $120.00 contracts, revenue summary and related tasks
Revise Proposed Amended Complaint; revise Motion for Leave to File Amended
Complaint; revise Motion for Leave to File Sur-Reply; revise Sur-Reply in Support of
4/11/2013 Bernier, Michael $882.00 3.6 $245.00 Motion for Partial Summary Judgment
Return travel from Denver, Colorado for depositions of Horvath, Lovette and Morris;
4/12/2013 Frost, Cable $2,494.00 8.6 $290.00 begin draft of deposition summaries
Analyze, prepare and revisions to Butterbali, Frito Lay contracts, invoice summary for
production; Update to Production Log accordingly; Correspondence to counsel for
4/12/2013 Craft, Julie $120.00 1 $120.00 Plaintiffs; Email to all counsel
Prepare for and conduct meeting with Brad Moody and Mike Bernier to discuss
Colorado depositions and discovery were needed as a result of same; confer with Brad
Moody[/REDACTED]
receive and review in ormation regarding via ations of Department of
Transportation Regulations by JBS Carriers; conduct research regarding JBS Swift and
its practice of paying Rodriquo Horvath throughout his career with JBS vs drawing
paychecks from each JBS entity; receive and review surreply in support of KLLM's
motion for partial summary judgment; receive and review JBS's response in opposition
to KLLM's motion for an additional responsive pleading in support of its motion for
4/15/2013 Frost, Cable $1,102.00 3.8 $290.00 partial summary judgment
Review plaintiff's response to motion for leave to file surreply in support of motion for
4/15/2013 Moody, Brad C. $87.00 0.3 $290.00 partial summary judgment
Evaluate additional discovery issues in light of recent testimony by Layette and
4/15/2013 Moody, Brad C. $377.00 1.3 $290.00 Horvath
Telephone conference with JIm Richards re
4/15/2013 Moody, Brad C. $58.00 0.2 $290.00 [/REDACTED]
Analyze and update attorney notebooks, calendars re JBS Carriers's Response to
4/15/2013 Craft, Julie $24.00 0.2 $120.00 Motion for Leave to File SurReply
Analyze and update attorney notebooks re recent communication, correspondence,
pleadings and other documents received; Conference with R. Yarborough, S. Kennedy
4/15/2013 Craft, Julie $36.00 0.3 $120.00 re same, status, pending tasks
Conference regarding developments from depositions of Rodrigo Horvath and Bill
Lavette; review and analyze JBS' written discovery responses to determine whether
Horvath's employment file, transportation agreement between JBS and PPC, and JBS'
4/15/2013 Bernier, Michael $857.50 3.5 $245.00 response to RFP are obtainable; draft good faith letter to JBS
Continue research into immigration issue and potential corporate ambiguity with
regard to Rodriquo Horvath's payment and employment through JBS/Swift; conduct
additional internet research on JBS Carrier's financial position in 2011 and 2012;
receive and review Rule 11 letter transmitted by counsel for JBS; confer with KLLM
team regarding same; revise and edit draft of KLLM's good faith letter to JBS regarding
discovery inadequacies; further conversation regarding Rule 11 letter and motion to
4/16/2013 Frost, Cable $928.00 3.2 $290.00 amend and clarify KLLM's claim for punitive damages
4/16/2013 Kennedy, Steve $174.00 0.6 $290.00 Work regarding punitive claim in JBS case
Review of Rule 11 letter forwarded by defense counsel; Various communications with
S. Kennedy, B. Moody and C. Frost; Conference with B. Moody regarding issues raised
4/16/2013 Yarborough, Richar $377.00 1.3 $290.00 by letter
Analyze, identify and redact new account contracts for document production;
4/16/2013 Craft, Julie $120.00 1 $120.00 Conference with attorney re same, related tasks
Draft and revise good faith letter to JBS Carriers regarding outstanding discovery;
review and analyze JBS Carriers opposition to KLLM's motion for leave to file sur-reply
4/16/2013 Bernier, Michael $539.00 2.2 $245.00 and conduct research regarding same
Additional research and discussion regarding KLLM's amended complaint to clarify
punitive damages claim and JBS's Rule 11 letter regarding same; receive and begin
review of Bill Lovette's deposition; receive and review email correspondence between
Rick Yarbrough, Steve Kennedy and other KLLM personnel discussing Rule 11 issues;
4/17/2013 Frost, Cable $725.00 2.5 $290.00 provide additional input into Rule 11 matter
4/17/2013 Moody, Brad C. $522.00 1.8 $290.00 Review case law re Rule 11 and analyze bases for opposing motion
4/17/2013 Moody, Brad C. $116.00 0.4 $290.00 Draft correspondence to client re Rule 11 letter
4/17/2013 Yarborough, Richar $145.00 0.5 $290.00 Review of communications on Rule 11 issue; Emails to Jim Richards regarding same.
4/17/2013 Craft, Julie $12.00 0.1 $120.00 Conference with B. Moody re additional document production and related instructions
Review and analyze Rule 11 letter from JBS; study Proposed Amended Complaint as it
relates to Rule 11 letter; conduct research regarding sur-reply in support of Motion for
4/17/2013 Bernier, Michael 5147.00 0.6 $245.00 Partial Summary Judgment
Continue review of deposition of Bill Lovette and notes from Rodriquo Horvath
deposition in order to provide bolstering facts for punitive damages and potentially to
4/18/2013 Frost, Cable $609.00 2.1 $290.00 respond to JBS's Rule 11 letter
4/18/2013 Craft, Julie $12.00 0.1 $120.00 Analyze and categorize William Lovette Deposition transcript taken on 04-11-2013
Analyze and categorize Letter to C Frost from L. Robinson re KLLM's Motion to Amend
Complaint; Email to Merrill re status of getting R. Horvath's deposition transcript;
Communicate with Lufkin Court Reporting re status of Shawn Taylor deposition
4/18/2013 Craft, Julie $48.00 0.4 $120.00 transcript
Continue to analyze, identify and redact new account contracts for document
4/19/2013 Craft, Julie $120.00 1 $120.00 production; Conference with attorney re same, related tasks
4/19/2013 Craft, Julie $12.00 0.1 $120.00 Analyze and categorize R. Horvath's Deposition transcript
4/19/2013 Craft, Julie $12.00 0.1 $120.00 Analyze and categorize S. Taylor's Deposition transcript taken on 04-05-2013
4/19/2013 Craft, Julie $12.00 0.1 $120.00 Analyze and categorize C. Morris's Deposition transcript
4/19/2013 Bernier, Michael $73.50 0.3 $245.00 Review and analyze deposition of Rodrigo Horvath
4/20/2013 Craft, Julie $24.00 0.2 $120.00 Analyze and categorize deposition exhibits of Bill Lovette
4/20/2013 Craft, Julie $24.00 0.2 $120.00 Correspondence to MSGPR re deposition of Shawn Taylor
Draft Reply Memorandum in Support of Motion for Leave to File Sur-Reply and
4/21/2013 Bernier, Michael $392.00 1.6 $245.00 conduct research regarding same
Prepare for and participate in call with counsel for JBS to discuss KLLM's motion to
amend and JBS's rule 11 letter confer with Milk Bernier and Brad Moody regarding
same receive and review stipulation from JBS designed to address issues surrounding
KLLM's motion to amend; confer with KLLM group regarding same; receive and review
motion to stay proceedings [REDACTED\] provide redline
4/22/2013 Frost, Cable $812.00 2.8 $290.00 edits to same
4/22/2013 Kennedy, Steve $116.00 0.4 $290.00 Analyze punitive damages issue in JBS case
4/22/2013 Moody, Brad C $203.00 0.7 $290.00 Review deposition of Bill Lovette
Review of stipulation and related documents on punitive damages claim; Provide
analysis of how to proceed; Conference with S. Kennedy regarding punitive damages
4/22/2013 Yarborough, Richar $290.00 1 $290.00 issue
4/22/2013 Craft, Julie $12.00 0.1 $120.00 Conference with B. Moody re additional document production
Conference call with JBS' counsel regarding Rule 11 letter and related issues; review
and analyze JBS' Joint Stipulation relating to our Motion to Amend Complaint; review
and analyze Motion to Stay Proceedings received from JBS; draft Motion to StayExpert
4/22/2013 Bernier, Michael $759.50 3.1 $245.00 Discovery and Reestablish Deadlines
Receive and review letter from JBS regarding requested discovery resulting from the
depositions of Horvath and Lovette; provide red line edits to response; provide
suggested edits to JBS's stipulation to KLLM's motion to amend; provide input
regarding KLLM's response to JBS's motion to stay proceedings; revise/edit KLLM's
4/23/2013 Frost, Cable $841.00 2.9 $290.00 response for leave of court to file surreply
4/23/2013 Kennedy, Steve $115.00 0.4 $290.00 Additional work regarding punitive claim in JBS case
4/23/2013 Moody, Brad C. $116.00 0.4 $290 00 Revise and edit proposed stipulation re motion to amend
4/23/2013 Moody, Brad C. $87.00 0.3 $290.00 Correspond with client re proposed stipulation from JBS Carriers
Conference with B. Moody re additional redactions needed to document production;
Revisions to documents for production; Correspondence to L. Robinson; Prepare CD of
4/23/2013 Craft, Julie $84.00 0.7 $120.00 documents for production; Email to defense team re same
Review and analyze letter from JBS in response to my April 16 discovery letter; draft
response letter to JBS' letter; draft and revise Reply Memorandum in Support of
4/23/2013 Bernier, Michael $661.50 2.7 $245.00 Motion for Leave to File Sur-Reply
Revise and edit KLLM's response to JBS's motion for stay; revise and edit KLLM's
response and draft stipulations addressing issues raised regarding JBS's opposition to
KLLM's motion to amend; review letter from Mike Bernier to Lyle Robinson regarding
4/24/2013 Frost, Cable $783.00 2.7 $290.00 requested discovery; provide revisions and edits to same
4/24/2013 Kennedy, Steve $145.00 0.5 $290.00 Work regarding stipulation on punitives in JBS case
4/24/2013 Moody, Brad C. $58.00 0.2 $290.00 Correspond with Jim Richards and Terry Thornton re discovery issues
4/24/2013 Moody, Brad C. $116.00 0.4 $290.00 Address supplemental discovery issues
Finalize Reply in Support of Motion for Leave to File SurReply and electronically submit
4/24/2013 Craft, Julie $24.00 0.2 $120.00 same to Court, all counsel
Draft revised Motion to Stay Expert Discovery Pending Ruling on Motion to Review and
to Reestablish Deadlines Upon Ruling; draft letter to Lyle Robinson in response to April
23, 2013 letter regarding outstanding discovery; draft Supplemental InitialDisclosure;
4/24/2013 Bernier, Michael $759.50 3.1 $245.00 review and analyze revised Motion to Stay Discovery received from JBS' counsel
Participate in further discussion and email correspondence regarding JBS's threats of
Rule 11 actions and KLLM's response to same; conduct additional research on Rodrigo
4/25/2013 Frost, Cable $493.00 1.7 $290.00 Horvath; review documents not yet produced in order to evaluate for impeachment
4/25/2013 Craft, Julie $24.00 0.2 $120.00 Prepare Notice of Service of KLLM's First Supplemental Initial Disclosure
Revision to KLLM's First Supplemental Initial Disclosure to include all deposed JBS
4/25/2013 Craft, Julie $24.00 0.2 $120.00 Carriers employees and Pilgrims employees
4/25/2013 Craft, Julie $12.00 0.1 $120.00 Analyze and categorize Joint Motion to Stay Expert Discovery Pending Ruling
Make revisions Motion to Stay and exchange same with JBS' counsel; revise
4/25/2013 Bernier, Michael $196.00 0.8 $245.00 supplemental Rule 26 disclosure
Confer with Brad Moody regarding status of amendment / Rule 11 issues as well as
motion to stay case; review drafts and provide edits regarding same; review
deposition testimony of Rodrigo Horvath in order to compare representations made
4/26/2013 Frost, Cable $638.00 2.2 $290.00 by counsel for JBS
4/26/2013 Moody, Brad C. $29.00 0.1 $290.00 Telephone conference with Jim Richards re stipulation on punitive damages claim
Revise First Supplemental Initial Disclosure; Revise Notice of Service of First
4/26/2013 Craft, Julie $84.00 0.7 $120.00 Supplemental Initial Disclosure; Electronically submit same to Court and all counsel
4/26/2013 Bernier, Michael $49.00 0.2 $245.00 Finalize supplemental Rule 26 disclosure and have same filed
Review draft stipulation and suggested edits re KLLM's Motion to Amend; meet with
Steve Kennedy and Brad Moody to discuss strategy and motivation of JBS; conduct
internet research re JBS Carriers' financial position; review Horvath depo re same;
4/29/2013 Frost, Cable $812.00 2.8 $290.00 review deposition of Cassey Morris
4/29/2013 Kennedy, Steve $116.00 0.4 $290.00 Additional work regarding JBS stipulation
4/29/2013 Moody, Brad C. $58.00 0.2 $290.00 Analyze revised stipulation from JBS Carriers and evaluate strategy going forward
4/29/2013 Yarborough, Richar $145.00 0.5 $290.00 Review of revised stipulation; Conference with B. Moody regarding case issues.
Analyze and categorize JBS Carriers' Unopposed Motion for Additional Time to
4/29/2013 Craft, Julie $12.00 0.1 $120.00 Respond to Motion for Leave to Amend Response
Additional communication re stipulation and punitive damages; confer with Moody re
same review Lovette and Horvath testimony for mentions of JBS Carriers financial
4/30/2013 Frost, Cable $522.00 1.8 $290.00 performance and directives by JBS USA to utilize JBS Carriers
4/30/2013 Kennedy, Steve $145.00 0.5 $290.00 Work regarding JBS case and punitive claim
4/30/2013 Moody, Brad C. $87.00 0.3 $290.00 Telephone conference with counsel for JBS re issues over punitive damages claim
4/30/2013 Moody, Brad C. $145.00 0.5 $290.00 Confer with Cable Frost and Steve Kennedy re strategy with punitive damages claim
4/30/2013 Moody, Brad C. $116.00 0.4 $290.00 Review Mississippi law re use of net worth information at trial
Revise and edit stipulation re motion to amend punitive damages claim to reflect
4/30/2013 Moody, Brad C. $87.00 0.3 $290.00 agreement with counsel for JBS
Analyze, categorize and upload video deposition of Cassey Morris, Bill Lovette and
4/30/2013 Craft, Julie $84.00 0.7 $120.00 Rodrigo Horvath to attorney files; Conference with S. Kennedy re same
Compare certain testimony by Bill Layette to that given by Clay Matthews; compare
5/1/2013 Frost, Cable $377.00 1.3 $290.00 certain testimony given by Rodrigo Horvath to Todd Gooch
Receive and review additional revisions to the stipulation between KLLM and JBS
5/2/2013 Frost, Cable $87.00 0.3 $290.00 regarding punitive damages
Correspond with Jim Richards and Terry Thornton re current status of stipulation re
5/2/2013 Moody, Brad C. $58.00 0.2 $290.00 punitive damages claim
Review testimony of Lovette, Horvath, Morris and Gooch for discussions regarding
preference for JBS Carriers over others in light of financial condition of JBS Carriers;
confer with Brad Moody regarding additional revisions to stipulation; review Rule 11
5/3/2013 Frost, Cable $464.00 1.6 $290.00 letter sent by JBS
Analyze and update attorney notebooks re Joint Stipulation Regarding KLLM's Motion
for Leave to Amend Complaint; Prepare and revisions to Motion to Withdraw Motion
for Leave to Amend Complaint; Prepare and Revise proposed Order Granting Motion
to Withdraw; Electronically submit same to Court and all counsel; Update attorney
5/3/2013 Craft, Julie $120.00 1 $120.00 notebooks accordingly
Draft Notice of Withdrawal of Motion for Leave to Amend and Order granting same;
5/3/2013 Bernier, Michael $294.00 1.2 $245.00 review and analyze deposition of Rodrigo Horvath
5/6/2013 Frost, Cable $348.00 1.2 $290.00 Continue review of Horvath and Lovett depositions [REDACTED\]
Analyze and categorize Text Order Granting Motion to Withdraw Motion for Leave to
5/6/2013 Craft, Julie $12.00 0.1 $120.00 Amend Complaint entered by court
Review Gooch and Shroter depositions in order to explore "motive" theme; begin
preparations for a hearing on KLLM's motion for summary judgment; review JBS's last
filing regarding summary judgment and KLLM's final motion for leave to file Surr
replyin support of its motion; confer with Brad Moody regarding instructions for
5/7/2013 Frost, Cable $522.00 1.8 $290.00 paralegal and Mike Bernier; begin additional review of "Hot Docs" folder
5/7/2013 Craft, Julie $12.00 0.1 $120.00 Conference with B. Moody re upcoming hearing and related tasks
Phone conversation with Judge's court administrator about setting outstanding
motions for hearing; prepare outline for hearing on cross-motions for summary
5/7/2013 Bernier, Michael $196.00 0.8 $245.00 judgment
5/10/2013 Bernier, Michael $49.00 0.2 $245.00 Phone conversation with judge's court
Conduct research regarding new Mississippi Supreme Court cases on contract
5/13/2013 Bernier, Michael $98.00 0.4 $245.00 interpretation
5/15/2013 Craft, Julie $12.00 0.1 $120.00 Analyze and categorize Shawn Taylor's Deposition Transcript Errata Sheet
6/3/2013 Bernier, Michael $73.50 0.3 $245.00 Phone call to and phone conversation with court regarding outstanding motions
6/4/2013 Bernier, Michael $122.50 0.5 $245.00 Prepare outline for hearing on Motion for Summary Judgment
6/6/2013 Bernier, Michael $49.00 0.2 $245.00 Prepare outline for hearing on cross-motions for summary judgment
Conduct research regarding procedure for seeking attorney's fees; review and analyze
6/7/2013 Bernier, Michael $245.00 1 $245.00 JBS' Motion to continue pretrial conference and trial
Prepare for and participate in telephonic conference with counsel for JBS to discuss
pending motions and timing of current dates for dispositive and daubert motions;
Miter with Steve Kennedy regarding same; receive and review draft motion for
6/10/2013 Frost, Cable $145.00 0.5 $290.00 counsel from JBS requesting that the court convert deadlines and extend trial date
Confer with Steve Kennedy regarding KLLM's position on converting pretrial
conference in extending the trial date; draft email correspondence to counsel for JBS
6/11/2013 Frost, Cable $87.00 0.3 $290.00 regarding same
6/11/2013 Bernier, Michael $637.00 2.6 $245.00 Prepare outline for hearing on Motion for Summary Judgment
Receive and review JBS's filed motion for continuance of trial date; confer with Steve
6/13/2013 Frost, Cable $116.00 0.4 $290.00 Kennedy regarding same'
Analyze and categorize JBS Carriers' Motion to Continue Pretrial Conference, Trial
6/13/2013 Craft, Julie $24.00 0.2 $120.00 Date; Calendar response deadline
6/13/2013 Bernier, Michael $24.50 0.1 $245.00 Review Defendant's Motion to Continue Trial
6/17/2013 Bernier, Michael $122.50 0.5 $245.00 Review and analyze Defendant's Motion to Continue Pretrial Conference
Review and analyze Defendant's Motion to Continue Pretrial Conference; draft
6/18/2013 Bernier, Michael $171.50 0.7 $245.00 response to same
Review and analyze JBS' Motion to Continue Pretrial Conference and Trial; conduct
research regarding same; draft Response in Opposition to JBS' Motion to Continue
6/19/2013 Bernier, Michael $1,249.50 5.1 $245.00 Pretrial Conference and Trial
Draft and revise Response in Opposition JBS' Motion to Continue Pretrial Conference
6/20/2013 Bernier, Michael $735.00 3 $245.00 and Trial
Receive and review correspondence regarding KLLM's response to JBS's Motion for
6/21/2013 Frost, Cable $116.00 0.4 $290.00 Continuance; review KLLM's response filed with the court regarding same
Work with M. Berneir regarding opposing defendants' motion to continue trial; trial
6/21/2013 Kennedy, Steve $319.00 1.1 $290.00 preparations
Revise Response in Opposition to JBS' Motion to Continue Pretrial Conference and
Trial and have same filed; review and analyze Tyson contract and financial information
subject to Motion to Review Magistrate Judge's previous order and prepare for expert
6/21/2013 Bernier, Michael $441.00 1.8 $245.00 discovery
6/23/2013 Kennedy, Steve $116.00 0.4 $290.00 Trial preparation
6/23/2013 Bernier, Michael $24.50 0.1 $245.00 Review and analyze Tyson Contract
Analyze and categorize KLLM's Response in Opposition to Motion to Continue Pretrial
6/24/2013 Craft, Julie $12.00 0.1 $120.00 Conference and Trial
6/24/2013 Bernier, Michael $73.50 0.3 $245.00 Prepare outline for hearing on motion for partial summary judgment
Analyze and identify key documents necessary for hearing on motion for partial
summary judgment and cross-motion for partial summary judgment; Prepare attorney
6/25/2013 Craft, Julie $180.00 1.5 $120.00 notebooks accordingly
6/25/2013 Bernier, Michael $98.00 0.4 $245.00 Prepare outline for hearing on motion for partial summary judgment
Receive and review Court's hearing notice for July 23 and prepare for same; draft
6/26/2013 Kennedy, Steve $203.00 0.7 $290.00 status report to T. Thornton and J. Richards
Conference with S. Kennedy regarding case strategy and pending motions and hearing
6/26/2013 Yarborough, Richar $232.00 0.8 $290.00 before Judge Wingate
Analyze and categorize Notice of Hearing entered by Court; Revision to Hearing
Notebook to include additional motions set for hearing; Calendar motion
6/26/2013 Craft, Julie $120.00 1 $120.00 hearing/pretrial conference;
6/26/2013 Bernier, Michael $171.50 0.7 $745.00 Study case law for hearing on motion for summary judgment
Begin preparations to argue KLLM's Motion for Summary Judgment ("MSJ"); begin
review of case law cited in briefing; confer with Steve Kennedy and Brad Moody re
6/27/2013 Frost, Cable $609.00 2.1 $290.00 Motions in Limine and trial setting
Receive and review JBS' Response in Support of Motion to Continue trial; continue
prep for KLLM's MSJ; review depo testimony of Lovette and Horvath re the directive to
6/28/2013 Frost, Cable $754.00 2.6 $290.00 place work with JBS Carriers when possible
Conference with M. Bernier re upcoming deadlines associated with pretrial
conference; Finalize hearing notebooks and distribute to attorneys; Analyze and
categorize JBS Carriers' Reply re Motion to Continue Pretrial Conference and Trial;
Analyze local rules re Pretrial Order, exhibits, deposition designations, etc. and report
to M. Bernier; Update to hearing notebooks re Reply to Motion to Continue Pretrial
6/28/2013 Craft, Julie $300.00 2.5 $120.0 Conference and Trial
Review and analyze JBS' reply in support of motion to continue pretrial conference
6/28/2013 Bernier, Michael $392.00 1.6 $245.00 and trial; prepare outline for hearing on motion for partial summary judgment
6/79/2013 Bernier, Michael $269.50 1.1 $245.00 Prepare outline for hearing on motion for partial summary judgment
Prepare outline for hearing on motion for partial summary judgment; study cases for
6/30/2013 Bernier, Michael $1,004.50 4.1 $245.00 hearing on motion for summary judgment
Prepare for and participate in conference with Mike Bernier to discuss upcoming
motion hearings and deadlines for Motions in Limine; begin review of case law
7/1/2013 Frost, Cable $290.00 1 $290.00 supporting JBS's responses in opposition of KLLM's Motion for Summary Judgment
Prepare outline for hearing on motion for partial summary judgment; study cases for
7/1/2013 Bernier, Michael $833.00 3.4 $245.00 hearing on motion for summary judgment
7/2/2013 Frost, Cable $551.00 1.9 $290.00 Continue preparations for upcoming hearing on motion for summary judgment
Review and analyze caselaw for hearing on motion for summary judgment; prepare
7/2/2013 Bernier, Michael $1,592.50 6.5 $245.00 outline for hearing on motion for summary judgment
Receive and begin review of hearing outlines and supporting case authority; begin
7/3/2013 Frost, Cable $638.00 2.2 $290.00 review of hearing binder
Review and analyze caselaw for hearing on motion for summary judgment; prepare
7/3/2013 Bernier, Michael $906.50 3.7 $245.00 outline for hearing on motion for summary judgment
7/6/2013 Bernier, Michael $0.00 0 $0.00 Draft Motions in Limine
7/7/2013 Bernier, Michael $343.00 1.4 $245.00 Draft Motions in Limine
Review and provide suggestions for KLLM's Motions in Limine to be filed; confer with'
Mike Bernier regarding same; continue prep for upcoming hearing on all pre-trial
7/8/2013 Frost, Cable $522.00 1.8 $290.00 motions
7/8/2013 Moody, Brad C. $319.00 1.1 $290.00 Revise and edit motions in limine
7/8/2013 Bernier, Michael $514.50 2.1 $245.00 Draft Motions in Limine
Provide additional revisions and edits to KLLM's Motions in Limine; confer with Brad
Moody regarding mitigation of damages; continue prep for upcoming motion for
7/9/2013 Frost, Cable $638.00 2.2 $290.00 summary judgment
7/9/2013 Kennedy, Steve $116.00 0.4 $790.00 Work regarding Motions in Limine
Conference with M. Bernier re motion(s) in limine to be filed with Court today and
7/9/2013 Craft, Julie $12.00 0.1 $120.00 related tasks
Draft and revise Motions in Limine; prepare materials for hearing on Motion for
7/9/2013 Bernier, Michael $784.00 3.2 $245.00 Summary Judgment
7/10/2013 Frost, Cable $435.00 1.5 $290.00 Work on hearing outline for argument of Motion for Summary Judgment
Continue preparations for upcoming argument on motion for summary judgment;
receive and review correspondence regarding requested extension by JBS with regard
7/11/2013 Frost, Cable $638.00 2.2 $290.00 to KLLM's motions in limine
7/11/2013 Kennedy, Steve $116.00 0.4 $290.00 Prepare for July 23 motions hearing
7/11/2013 Moody, Brad C. $87.00 0.3 $290.00 Telephone call from defense counsel re issues for upcoming hearing
7/11/2013 Bernier, Michael $0.00 0 $0.00 Prepare materials for hearing on motion for summary judgment
Review of deposition transcripts in order to prepare hearing outline on motion for
7/12/2013 Frost, Cable $522.00 1.8 $290.00 summary judgment
Exchange internal emails regarding JBS' request for extension for responding to KLLM's
7/12/2013 Bernier, Michael $49.00 0.2 $245.00 Motions in Limine
Review legal authority cited in JBS's motions and responses in opposition to KLLM's
motion for summary judgment; continue prep for upcoming hearing; begin draft on
7/15/2013 Frost, Cable $696.00 2.4 $290.00 outline; begin work on exhibits
Study cases relevant to hearing on motions for summary judgment; prepare outline of
7/15/2013 Bernier, Michael $539.00 2.2 $245.00 same for hearing preparation
Receive and review ADR status report; review email correspondence regarding JBS's
request for extension of dates to respond to KLLM's Motions in Limine; provide input
regarding same; continue work on upcoming hearing including draft of hearing outline
7/16/2013 Frost, Cable $1,218.00 4.2 $290.00 and opposition of exhibits
Work regarding exhibits to be used at trial primarily concerning settlement agreement
7/16/2013 Kennedy, Steve $116.00 0.4 $290.00 at issue and presentation of same
7/16/2013 Moody, Brad C. $87.00 0.3 $290.00 Draft/revise ADR report requested by Judge Anderson
Prepare Joint Report on ADR Efforts; Electronically submit same to Court and all
7/16/2013 Craft, Julie $36.00 0.3 $120.00 counsel
Study cases relevant to hearing on motions for summary judgment; prepare outline of
7/16/2013 Bernier, Michael $147.00 0.6 $245.00 same for hearing preparation; draft ADR report for submission to Magistrate Judge
Review KLLM's Motions in Limine and JBS's correspondence regarding same; continue
work on hearing prep including draft outline/argument as well as exhibits to be used;
7/17/2013 Frost, Cable $899.00 3.1 $290.00 continue review of case law cited by JBS and distinguishing of same
7/17/2013 Kennedy, Steve $174.00 0.6 $290.00 Prepare for July 23 motion hearing
7/17/2013 Moody, Brad C. $58.00 0.2 $290.00 Telephone conference with JBS' counsel re issues for motion hearing
7/17/2013 Moody, Brad C. $319.00 1.1 $290.00 Analyze issues for hearing on motion to review magistrate's order
Conference with attorneys re upcoming hearing/pretrial conference and upcoming
7/17/2013 Craft, Julie $60.00 0.5 $120.00 deadlines; Verify status of Response to Consolidated Motion in Limine
Study cases relevant to hearing on motions for summary judgment; prepare outline of
same for hearing preparation; prepare analysis of case law with distinctions for
7/17/2013 Bernier, Michael $220.50 0.9 $245.00 hearing on motions for summary judgment
Complete review of all pleadings filed concerning KLLM's Motion for Summary
Judgment including JBS's Cross-Motion for Summary Judgment; continue hearing
prep; work with Brad Moody and Mike Bernier on hearing exhibits; research additional
7/18/2013 Frost, Cable $1,218.00 4.2 $290.00 legal authority cited by JBS
7/18/2013 Kennedy, Steve $406.00 1.4 $290.00 Prepare for July 23 motion hearing
7/18/2013 Moody, Brad C. $58.00 0.2 $290.00 Telephone conference with court re technology options for upcoming hearing
7/18/2013 Moody, Brad C. $435.00 1.5 $290.00 Continue preparing for hearing on motion for summary judgment
Study cases relevant to hearing on motions for summary judgment; prepare outline of
same for hearing preparation; prepare analysis of case law for distinctions for hearing
n motions for summary judgment; draft status report for magistrate judge regarding
status of motion to review magistrate's order on motion to compel; phone
conversation with JBS' counsel regarding status report; prepare; prepare presentation
7/18/2013 Bernier, Michael $1,372.00 5.6 $245.00 materials for hearing on motions for summary judgment
Complete hearing prep and outline for KLLM's Motion for Summary Judgment; finalize.
7/19/2013 Frost, Cable $986.00 3.4 $290.00 exhibits to be used; confer with Steve Kennedy regarding same
7/19/2013 Kennedy, Steve $754.00 2.6 $290.00 Prepare for July 23 motion hearing; telephone call with T. Thornton regarding same
7/19/2013 Moody, Brad C. $0.00 0 $0.00 Continue preparing for hearing on motion to review magistrate's order
7/19/2013 Moody, Brad C. $319.00 1.1 $290.00 Revise and edit demonstratives for hearing on motion for summary judgment
Conduct research regarding effect of Pilgrim's Pride terminating contract pursuant to
at-will termination clause of Transportation Agreement; draft status report for
magistrate judge regarding status of motion to review magistrate's order on motion to
compel; phone conversation with JBS' counsel regarding status report; prepare;
7/19/2013 Bernier, Michael $735.00 3 $245.00 prepare presentation materials for hearing on motions for summary judgment
Finalize hearing outline for argument before Judge Wingate; finalize slides to be used
in oral argument; continue preparations and review of oral argument outline and case
7/22/2013 Frost, Cable $1,392.00 4.8 $290.00 law to be discussed with Judge Wingate
Pare for court hearings on motion for summary judgment; trial continuance and
7/22/2013 Kennedy, Steve $1,276.00 4.4 $290.00 discovery issues and trial prep
7/22/2013 Moody, Brad C. $203.00 0.7 $290.00 Additional preparation for motions hearing
Conference with S. Kennedy regarding arguments to be made on motion for summary
7/22/2013 Yarborough, Richar $0.00 0 $0.00 judgment and motion for protective order in action; Review of pertinent documents
Draft status report for magistrate judge regarding status of motion to review
magistrate's order on motion to compel; conduct research and review briefs to
7/22/2013 Bernier, Michael $563.50 2.3 $245.00 evaluate KLLM's position that it is a lost volume operator; conference regarding same
Prepare for and participate in hearing before Judge Wingate to argue KLLM's Motion
for Partial Summary Judgment and JBS's Cross Motion for Partial Summary Judgment;
confer with Mike Bernier and Steve Kennedy post-hearing gather materials and begin
7/23/2013 Frost, Cable $2,088.00 7.2 $290.00 preparation for upcoming follow up call with Judge Wingate
Final preparation for motions hearing before Judge Wingate and attend and conduct
7/23/2013 Kennedy, Steve $1,247.00 4.3 $290.00 same; update to clients via conference call regarding details on motions hearing
Conference with S. Kennedy regarding hearing on various motions argued before)
7/23/2013 Yarborough, Richar $0.00 0 $0.00 Judge Wingate Review documents
7/23/2013 Bernier, Michael $147.00 0.6 $245.00 Research citizenship of KLLM for subject matter jurisdiction purposes
7/24/2013 Kennedy, Steve $203.00 0.7 $290.00 Prepare for 3:30 conference call on July 25 with court regarding pending motions
Prepare citizenship disclosure materials for KLLM for purposes of confirming diversity
7/24/2013 Bernier, Michael $49.00 0.2 $245.00 citizenship
Prepare for and participate in conference call with Judge Wingate to discuss the
Court's ruling with regard to oral arguments recently heard on the parties' Motions for
7/25/2013 Frost, Cable $493.00 1.7 $290.00 Summary Judgment
Prepare for and conduct telephonic hearing with Judge Wingater regarding additional
arguments on summary judgment motions; update to clients regarding telephonic
hearing; additional work regarding next Thursday's conference call with Judge Wingate
7/25/2013 Kennedy, Steve $493.00 1.7 $290.00 regarding summary judgment motions and discovery motions
Begin analyzing impact of court's ruling on motion for summary judgment and
7/25/2013 Moody, Brad C. $145.00 0.5 $290.00 evaluate arguments to raise at follow up conference call with the court
Review and analyze briefs on cross-motions for summary judgment and related
7/25/2013 Bernier, Michael $318.50 1.3 $245.00 deposition testimony in preparation for follow-up hearing
Receive and review Judge Wingate's Order on the Parties Motions for Summary
Judgment; begin review of certain deposition testimony in order to formulate
7/26/2013 Frost, Cable $1,102.00 3.8 $290.00 argument for upcoming additional hearing before Judge Wingate
7/26/2013 Kennedy, Steve $232.00 0.8 $290.00 Prepare for trial with primary work on anticipated voir dire
Conference with S. Kennedy regarding court rulings on motions and strategy going
7/26/2013 Yarborough, Richar $0.00 0 $0.00 forward; Review of court orders.
Review deposition testimony in preparation for follow-up hearing on cross-motions for
7/26/2013 Bernier, Michael $147.00 0.6 $245.00 summary judgment
7/27/2013 Moody, Brad C. $145.00 0.5 $290.00 Analyze court's order re motions for partial summary judgment
Review and analyze Order on cross-motions for partial summary judgment; review
7/27/2013 Bernier, Michael $269.50 1.1 $245.00 deposition testimony related to same
Review depositions of Nick White, Clay Matthews to identify testimony for second
7/28/2013 Moody, Brad C. $348.00 1.2 $290.00 round of hearings with Judge Wingate
Begin prep for upcoming telephonic conference with Judge Wingate to re-argue
motion for Summary Judgment based on Court's interpretation of paragraph 5 of the
7/29/2013 Frost, Cable $1,073.00 3.7 $290.00 Settlement Agreement
Telephone call with T. Thornton regarding trial issues and prepare for trial including
exam of N. White; participate in telephonic hearing with Court; prepare for trial
7/29/2013 Kennedy, Steve $696.00 2.4 $290.00 regarding exam on B. Woods
7/29/2013 Moody, Brad C. $0.00 0 $0.00 Continue analyzing testimony and record for follow up conference with court
Review incoming documents; Review of court orders on pending motions; Conference;
7/29/2013 Yarborough, Richar $0.00 0 $0.00 with S. Kennedy regarding strategy in case going forward
Analyze and identify deadlines included in (137) Order Denying Motions for Partial
Summary Judgment, Granting Motion to Extend Deadline; Conference with attorneys'
re same, related tasks; Analyze and categorize Joint Status Report; Analyze and
identify deadlines associated with key minute entries, telephonic hearing notices and
7/29/2013 Craft, Julie $120.00 1 $120.00 other filings
Review deposition testimony and briefs on cross-motions for summary judgment in
preparation far follow-up hearing on cross-motions; prepare outline for follow-up
7/29/2013 Bernier, Michael $367.50 1.5 $245.00 hearing on cross-motions
Continue preparations for upcoming telephonic conference with Judge Wingate
7/30/2013 Frost, Cable $406.00 1.4 $290.00 including review of applicable deposition testimony and previous briefing
Prepare for August 1 hearing with Court as follow up to ruling on summary judgment
7/30/2013 Kennedy, Steve $203.00 0.7 $290.00 motions; draft correspondence to JBS attorney regarding discovery issues
7/30/2013 Moody, Brad C. $58.00 0.2 $290.00 Correspond with Terry Thornton re preparing financial information for production
7/30/2013 Moody, Brad C. $87.00 0.3 $290.00 Analyze issues with producing financial information
Review and analyze deposition testimony; prepare outline for telephonic hearing with
7/30/2013 Bernier, Michael $416.50 1.7 $245.00 Judge Wingate
Review deposition testimony of Clay Matthews, Lee Blackmon and Mark Norman with
7/31/2013 Frost, Cable $754.00 2.6 $290.00 regard to service complaints and testimony concerning termination
7/31/2013 Bernier, Michael $49.00 0.2 $245.00 Review deposition testimony of Clay Matthews for references to cause for termination
Receive and review financial information to be produced to JBS; confer with Steve
8/1/2013 Frost, Cable $174.00 0.6 $290.00 Kennedy and Brad Moody regarding review by Dr. Brooking
Complete preparation for telephonic conference before Judge Wingate; conduct
telephonic hearing before Judge Wingate, offer arguments and testimony of Clay
8/1/2013 Frost, Cable $928.00 3.2 $290.00 Matthews; confer with Steve Kennedy and Mike Bernier regarding same
Two telephone calls with JBS attorney regarding discovery arguments; receive and
review Court's order on summary judgment motions and telephone call with client to
8/1/2013 Kennedy, Steve $406.00 1.4 $290.00 update on same
Review deposition testimony of Clay Matthews and other PPC's employees for
references to cause for termination; teleconference with court on remaining issues for
8/1/2013 Bernier, Michael $245.00 1 $245,00 motions for summary judgment
Confer with Steve Kennedy regarding JBS's dissatisfaction with argument presented to
Judge Wingate; review Judge Wingate's order and testimony presented to Judge
Wingate in order to insure all statements made were correct; receive and review
numerous email exchanges from counsel for JBS requesting a joint submission to
Judge Wingate by the parties; draft email correspondence to counsel for JBS informing
them of KLLM's disagreement with its position and unwillingness to jointly contact
Judge Wingate; begin preparation of submission to Judge Wingate including entire
testimony presented in order to provide factual basis of arguments for summary
8/2/2013 Frost, Cable $1,566.00 5.4 $290.00 judgment
Trial prep regarding exam on N. White, telephone calls and e-correspondence with JBS
attorney in follow-up to conference call with Judge Wingate on summary judgment
8/2/2013 Kennedy, Steve $261.00 0.9 $290.00 motions
Review correspondence and other file materials to address JBS' claim that KLLM
8/2/2013 Moody, Brad C. $261.00 0.9 $290.00 misrepresented testimony to court during recent hearing
8/2/2013 Craft, Julie $12.00 0.1 $120.00 Analyze and categorize expert fees from Carl Brooking and process same
Review and analyze deposition testimony of Clay Matthews and Mark Lawrence in
8/2/2013 Bernier, Michael $147.00 0.6 $245.00 relation to correspondence from JBS regarding telephonic hearing
Receive JBS's letter to Judge Wingate regarding testimony of Clay Matthews; begin
draft of response letter and cites to specific testimony; confer with Mike Bernier
regarding same; review deposition transcripts of applicable witnesses; continue draft
8/5/2013 Frost, Cable $1,508.00 5.2 $290.00 of response to JBS's letter; multiple email exchanges regarding same
Receive and review JBS' follow-up letter to Court regarding August 1 telephonic
8/5/2013 Kennedy, Steve $203.00 0.7 $290.00 hearing and work with C. Frost regarding response to JBS letter
Office conference with S. Kennedy regarding telephonic hearing before Judge Wingate
and potential outcomes; Review of email materials forwarded by S. Kennedy involving
8/5/2013 Yarborough, Richar $0.00 0 $0.00 Cable Frost and counsel for JBS; Suggest case strategy going forward
Review and analyze letter brief submitted by JBS; review and analyze several
deposition transcripts in search of support for KLLM's reply letter; review briefs in
support of cross-motions for summary judgment; draft service level argument for
8/5/2013 Bernier, Michael $1,372.00 5.6 $245.00 reply letter
Revise/edit letter to Judge Wingate in response to JBS's letter; continue review of
applicable testimony in support to cite to Judge Wingate; confer with Steve Kennedy
8/6/2013 Frost, Cable $1,102.00 3.8 $290.00 and KLLM team regarding same
Work on exhibits to letter to Judge Wingate; Conference with M. Bernier re status and
8/6/2013 Craft, Julie $0.00 0 $0.00 related tasks'
8/6/2013 Craft, Julie $24.00 0.2 $120.00 Correspondence with expert, Carl Brooking, re payment for services
Draft and revise response letter brief to Judge Wingate and finalize same for
8/6/2013 Bernier, Michael $0.00 0 $0.00 submission
Receive and review additional correspondence from JBS to Judge Wingate in response
to KLLM's latest letter; begin draft of KLLM's response; confer with KLLM team
regarding same; provide revisions/edits to KLLM's final response; submit letter to
8/7/2013 Frost, Cable $1,131.00 3.9 $290.00 Judge Wingate
8/7/2013 Kennedy, Steve $0.00 0 $0.00 Work regarding opening statement for trial
8/7/2013 Bernier, Michael $0.00 0 $0.00 Review and analyze JBS' reply letter to Judge Wingate; draft KLLM's letter in response
Review other corporate testimony of JBS/PPC for discussions of contractual
8/12/2013 Frost, Cable $348.00 1.2 $290.00 requirements and alleged breaches as it relates to performance standards
Complete review of corporate testimony of JBS and PPC for statements and
discussions regarding alleged and contractual breaches of Schedule A or
8/15/2013 Frost, Cable $493.00 1.7 $290.00 Transportation Agreement
Review correspondence and reports from Carl Brooking and Blue Keene in order to
access amount of work required should Judge Wingate not grant summary judgment;
review select testimony on alleged trailer shortages in order to begin process of
8/19/2013 Frost, Cable $522.00 1.8 $290.00 working on equipment allocation issues with Mr. Keene
Examine depositions of Nick White and Brianna Cole in order to evaluate equipment
allocation issues as well as claims made under the Transportation Agreement and
Schedule A; review provisions of the Transportation Agreement addressing customer
8/21/2013 Frost, Cable $493.00 1.7 $290.00 claims
Continue review of fact deposition transcripts for mentions of inadequate equipment
8/27/2013 Frost, Cable $464.00 1.5 $290.00 or allegations of equipment unavailability as it relates to the testimony of Blu Keene
Receive and review discovery letter from counsel for JBS; review past correspondence
and production of documents thus far in response to Judge Anderson's Order; confer
with Steve Kennedy regarding same; conference with Steve Kennedy regarding
potential settlement negotiations and conversations with counsel for JBS; review
9/5/2013 Frost, Cable $0.00 0 $0.00 KLLM's damages calculation
9/5/2013 Kennedy, Steve $0.00 0 $0.00 Confer with plaintiff's attorney regarding proposed settlement and update client
9/5/2013 Bernier, Michael $0.00 0 $0.00 Review and analyze JBS' discovery responses in light of supplemented interrogatory
Review and provide suggestions for settlement letter from KLLM to JBS; confer with
Steve Kennedy regarding same; confer with Mike Bernier regarding discovery issues
9/9/2013 Frost, Cable $0.00 0 $0.00 including documents still owed to JBS
9/9/2013 Bernier, Michael $0.00 0 $0.00 Review and analyze letter from JBS related to requested customer information
Receive and review final settlement letter sent to JBS; confer with Brad Moody
regarding same; review hauling contracts produced to JBS thus far and invoices
9/10/2013 Frost, Cable $232.00 0.8 $290.00 supporting same
Review correspondence from JBS' counsel re discovery issues and evaluate how to
9/10/2013 Moody, Brad C. $174.00 0.6 $290.00 respond to same
Analyze and categorize (138) JBS Carriers's Notice of Service of Supplemental
9/10/2013 Craft, Julie $12.00 0.1 $120.00 Response to Plaintiff's Interrogatory No. 27
Review and analyze documents and communications related to Butterball and Frito-Lay
9/10/2013 Bernier, Michael $0.00 0 $0.00 Lay contracts to prepare response to JBS' discovery letter
Follow up regarding materials sought by JBS in light of materials already produced;
review KLLM's damages report in order to evaluate lost profits damages versus other
damages sought; review deposition of Todd Gooch and Rodrigo Horvath regarding
valuation of the dedicated hauling business that PPC took from KLLM and awarded to
9/11/2013 Frost, Cable $377.00 1.3 $290.00 JBS
9/11/2013 Kennedy, Steve $87.00 0.3 $290.00 Draft demand letter to JBS attorney
Address additional issues raised by JBS' good faith letter; revise and edit
9/11/2013 Moody, Brad C. $116.00 0.4 $290.00 correspondence to client re discovery issues
Review and analyze discovery letter from JBS; study Magistrate Judge's Order on JBS'
Motion to Compel; and documents KLLM produced pursuant to same; send document
request and email to Terry Thornton regarding contracts and invoices subject to
9/11/2013 Bernier, Michael $416.50 1.7 $245.00 letter and order
Review Horvath, Lovette and Matthews deposition transcripts in order to refresh
memory on language regarding JBS USA's directive that business should be given to
JBS Carriers when available and priced competitive; compare timing of JBS's financial
9/12/2013 Frost, Cable $319.00 1.1 $290.00 issues with contract removal from KLLM and other carriers
Exchange emails with Terry Thornton regarding documents requested by JBS; review
and analyze invoices and invoice summaries that we produced and which relate to
9/12/2013 Bernier, Michael $122.50 0.5 $245.00 documents requested by JBS
9/13/2013 Bernier, Michael $73.50 0.3 $245.00 Review and analyze Butterball invoices received from Terry Thornton
Draft response letter to JBS' September 5, 2013 letter concerning customer-related
9/15/2013 Bernier, Michael $196.00 0.8 $245.00 documents subject to magistrate judge Anderson's Order
9/16/2013 Moody, Brad C. $116.00 0.4 $290.00 Revise and edit correspondence to defense counsel re discovery issues
Analyze and categorize Butterball invoices for production; Prepare electronic version
of documents to be produced; Email correspondence with all counsel re production,
9/16/2013 Craft, Julie $180.00 1.5 $120.00 letter; Update to production log accordingly
Review and analyze documents for production; draft and revise response letter to JBS'
September 5, 2013 letter concerning customer-related documents subject to
9/16/2013 Bernier, Michael $171.50 0.7 $245.00 magistrate judge Anderson's Order
Receive and review letter responding to JBS's discovery requests; confer with Mike
Bernier regarding same; review deposition transcript of Brandon Woods for deposition
testimony concerning Tyson, separate facilities between Tyson and PPC as well as
9/18/2013 Frost, Cable $406.00 1.4 $290.00 discussions of trailer availability
Review and analyze documents for production; draft and revise response letter to JBS'
September 5, 2013 letter concerning customer-related documents subject to
9/18/2013 Bernier, Michael $220.50 0.9 $245.00 magistrate judge Anderson's Order
Finalize document production re Butterball invoices; Email correspondence to all
9/19/2013 Craft, Julie $48.00 0.4 $120.00 counsel forwarding M. Berner letter and document production
Review and analyze documents for production; draft and revise response letter to JBS'
September 5, 2013 letter concerning customer-related documents subject to
9/19/2013 Bernier, Michael $98.00 0.4 $245.00 magistrate judge Anderson's Order
Review submission of letter briefs to Judge Wingate as well as briefing and ruling by
the Court in order to prepare correspondence prompting action from Judge Wingate;
confer with Steve Kennedy regarding same; review deposition sites provided by JBS to
10/7/2013 Frost, Cable $348.00 1.2 $790.00 Judge Wingate in letter briefing
Review Butterball invoices and other documents produced to JBS via KLLM's discovery
supplementation; confer with Julie Craft regarding same; conferyakSteve Kennedy
regordingaatus. of discussions with counsel for JBS; begin draft of correspondence to
10/10/2013 Frost, Cable $406.00 1.4 $290.00 Judge Wingate attempting to prompt action on the Court's behalf
Continue review of summary judgment briefing and post argument correspondence in
order to formulate position to pay for Court in hopes of sparking ruling by Judge
10/14/2013 Frost, Cable $0.00 0 $0.00 Wingate
Begin outline for deposition preparation of Blue Keene; begin analysis of email
correspondence and deposition testimony articulating claims of equipment
10/18/2013 Frost, Cable $348.00 1.2 $290.00 inadequacy or shortages
Receive and review email from Steve Kennedy regarding [REDACTED\]
for Jim Richards' meeting with Rodrigo Horvath; begin review o deposition testimony
of Mr. Horvath as well as most recent correspondence to the court regarding KLLM's
motion for summary judgment; begin [REDACTED\] for Mr.
10/25/2013 Frost, Cable $0.00 0 $0.00 Richards
Draft [REDACTED\] or Jim Richards' meeting with Rodrigo Horvath;
review deposition testimony of Mr. Horvath regarding same; review Court's rulings on
Paragraph 5 of the Settlement Agreement and Court's interpretation of same; review
10/28/2013 Frost, Cable $0.00 1.7 $0.00 damages calculation
Review Court's rulings and counsel's correspondence with Court regarding KLLM's
motion for partial summary judgment in order to formulate plan to reactivate case on
Court's docket; confer with Mike Bernier regarding same; review certain deposition
excerpts sited by counsel for JBS in opposition to KLLM's motion for partial summary
11/6/2013 Frost, Cable $0.00 1.4 $0.00 judgment; begin draft Order to present to Judge Wingate
Continue review of witness testimony and the parties' positions taken before Judge
Wingate in order to outline contents of order designed to provoke action from the
Court with regard to ruling on KLLM's motion for partial summary judgment as well
11/7/2013 Frost, Cable $0.00 1.6 $0.00 aspending discovery motions
Review depositions of Bill Levitt and Rodrigo Horvath in order to determine whether
certain testimony would be beneficial to include in letter to Court requesting action on
12/6/2013 Frost, Cable $406.00 1.4 $290.00 KLLM's pending Motion for Partial Summary Judgment
Analyze Summary Judgment filings and subsequent correspondence and evaluate
3/11/2014 Bernier, Michael $196.00 0.8 $245.00 mechanism for reviving proceeding with court
Receive and review Order from Court ruling on discovery issues and addressing motion
for partial summary judgment;.confer with Steve Kennedy regarding same; review
submissions to the court regarding KLLM's marked motion for partial summary
judgment Order to form recommendation of whether to further pursue matter in light
3/19/2014 Frost, Cable $348.00 1.2 $290.00 of recent Order; confer with Mike Bernier regarding same
Analyze and categorize Court's Order on Motion to Review of Magistrate Judge Order
3/19/2014 Craft, Julie $24.00 0.2 $120.00 and provide to attorneys
3/19/2014 Bernier, Michael $98.00 0.4 $245.00 Review Court's ruling on Motion to Review Magistrate Judge's Order
Study financial documents that have been produced; review Court's Orders regarding
3/21/2014 Bernier, Michael $343.00 1.4 $245.00 discovery of financial documents; prepare for production of financial records
Complete review of Order issued by Court regarding discovery issues and KLLM's
Motion for Partial Summary Judgment; draft update to client and request conference
call regarding same; confer with Steve Kennedy regarding status of case moving
3/24/2014 Frost, Cable $348.00 1.2 $290.00 forward
3/24/2014 Bernier, Michael $49.00 0.2 $245.00 Evaluate documents that need to be produced subject to district judge's recent ruling
Prepare for and participate in conference call with jim Richards and Terry Thornton;
confer with Steve Kennedy regarding same; briefly review KLLM's damages
3/25/2014 Frost, Cable $232.00 0.8 $290.00 calculations and positions taken with regard to lost profits prior to call with client
Conference call with J. Richards and T. Thornton regarding document production
3/25/2014 Kennedy, Steve $116.00 0.4 $290.00 based on court's discovery order
Study court's order on motions for summary judgment; study court's order on appeal
of magistrate judge's order on motion to compel; review correspondence between
counsel re discovery of financial documents and prepare to compile financial
3/25/2014 Bernier, Michael $245.00 1 $245.00 documents for production
Receive and review correspondence regarding financial information to be produced by
KLLM; review materials provided by Terry Thornton; confer with Mike Bernier and
Brad Moody regarding same; receive and review letter sent by KLLM to PPC canceling
3/26/2014 Frost, Cable $377.00 1.3 $290.00 transportation agreement
In light of letter canceling transportation agreement; review cancellation provisions of
agreement as well as historical correspondence between counsel regarding
3/26/2014 Frost, Cable $290.00 1 $290.00 termination provisions
Exchange emails with Terry Thornton regarding financial documents to produce; draft
email to Court regarding deadlines and trial setting; study audit reports received from
3/26/2014 Bernier, Michael $0.00 0 $0.00 Terry Thornton; review deposition transcript of Mark Norman
3/27/2014 Bernier, Michael $49.00 0.2 $245.00 Study audit reports received from Terry Thornton
Leave message with Terry Thornton about meeting; exchange emails with Terry
3/28/2014 Bernier, Michael $0.00 0 $0.00 Thornton regarding meeting; study audit reports
Study audit reports, Dr. Brooking's expert report, and other documents related to
damage claims; meet with Terry Thornton at KLLM's office to discuss financial
4/3/2014 Bernier, Michael $637.00 2.6 $245.00 documents
Receive and review financial information from KLLM prior to production; conference.
with Mike Bernier and Brad Moody regarding same; briefly review opinions of Dr. Carl
4/4/2014 Frost, Cable $435.00 1.5 $290.00 Brooking in order to determine impact on same
Study audit records and internally prepared financial statements following meeting
with Terry Thornton regarding same; review deposition testimony regarding financial
4/4/2014 Bernier, Michael $563.50 2.3 $245.00 issues and lost volume argument
Phone conversation with economic expert regarding financial documents and
4/7/2014 Bernier, Michael $73.50 0.3 $245.00 arguments
Prepare for and participate in meeting with Dr. Carl Brooking to discuss KLLM's
financial statements and potential impact on his opinions; confer with Mike Bernier
regarding same; review PPCs economist's report in order to determine likely use of
4/8/2014 Frost, Cable $435.00 1.5 $290.00 KLLM's financial information
Conference with C. Frost; prepare CD of depositions and exhibits and forward same to
4/8/2014 Craft, Julie $48.00 0.4 $120.00 expert, Brooking
Review and analyze audit reports and internally prepared financial statements; meet
with damages expert, Carl Brooking, re financial statements; conduct research re duty
4/8/2014 Bernier, Michael $588.00 2.4 $245.00 to mitigate damages and lost volume service provider
4/9/2014 Bernier, Michael $0.00 0 $0.00 Exchange emails with damages expert re requested documents
4/14/2014 Bernier, Michael $122.50 0.5 $245.00 Analyze financial statements and prepare them for production
Review financial information to be produced to Plaintiffs as a result of Judge
4/15/2014 Frost, Cable $174.00 0.6 $290.00 Anderson's order; confer with Mike Bernier regarding same
Exchange emails with Terry Thornton re financial documents to be produced; prepare
financial documents for production; study financial documents to be produced; phone
4/15/2014 Bernier, Michael $0.00 0 $0.00 conference with Terry Thornton re production of financial documents
Review final versions of financial documents prior to production; confer with Mike
Bernier regarding protective order; follow up inquiry to Dr. Brooking to discuss certain
4/16/2014 Frost, Cable $348.00 1.2 $290.00 issues contained in financial statements
Conference with M. Bernier; identify, edit and redact documents to be produced;
prepare Notice of Production of Documents; electronically submit same to Court, all
4/16/2014 Craft, Julie $180.00 1.5 $120.00 counsel
Study and finalize financial documents for production; study and finalize Tyson
contract for production; draft letter to JBS' counsel regarding production and
provisions of protective order; study protective order in connection with producing
4/16/2014 Bernier, Michael $465.50 1.9 $245.00 highly confidential materials
Review Tyson contract produced to PPC as a result of the Court's order; review notes
and discussions with Blue Keene regarding Tyson's experiences with KLLM and Mr.
Keene's expected areas of testimony; begin check list of issues to discuss with Mr.
4/17/2014 Frost, Cable $406.00 1.4 $290.00 Keene
Review court orders re deadlines and stay of expert discovery; phone conversation
with court administrator for district judge re procedure for reestablishing deadlines
and available trial dates; draft and revise correspondence to counsel for JBS re same;
4/17/2014 Bernier, Michael $367.50 1.5 $245.00 speak with Cable Frost about case strategy going forward
Phone conversation with court administrator re trial dates and internal discussions re
4/18/2014 Bernier, Michael $49.00 0.2 $245.00 same
Work with counsel for JBS Carriers re reestablishing deadlines and scheduling order;
4/21/2014 Bernier, Michael $132.00 0.6 $220.00 exchange emails with KLLM witnesses re trial setting
Receive and review correspondence from Mike Bernier and counsel for PPC regarding
4/22/2014 Frost, Cable $87.00 0.3 $290.00 upcoming scheduling order and agreed upon deadlines
Exchange emails with counsel for JBS re deadlines and scheduling order; exchange
emails with Steve Kennedy and cable Frost re same; exchange emails with damages
4/22/2014 Bernier, Michael $0.00 0 $0.00 expert re trial setting
Phone call to Dr. Brooking, damages expert, re expert discovery deadlines; conference
with Cable Frost re same; draft correspondence to counsel for JBS re discovery
4/25/2014 Bernier, Michael $171.50 0.7 $245.00 deadlines
Telephonic conference with Carl Brooking to discuss his opinions and upcoming
deadlines; confer with Mike bernier regarding same receive and review email
correspondence from counsel for JBS regarding resetting of court deadlines and
4/28/2014 Frost, Cable $290.00 1 $290.00 proposed expertactivities
Exchange emails with counsel for JBS Carriers re scheduling order; exchange emails
with trucking expert re trial dates; analyze deadlines proposed by counsel for JBS
4/28/2014 Bernier, Michael $0.00 0 $0.00 Carriers
Receive and review draft scheduling order and other materials concerning expert
4/29/2014 Frost, Cable $87.00 0.3 $290.00 discovery
Confer with counsel for JBS Carriers re scheduling deadlines; draft and revise agreed
4/29/2014 Bernier, Michael $416.50 1.7 $245.00 scheduling order; draft and revise joint motion to enter agreed scheduling order
Confer with Mike Bernier regarding scheduling issues; review correspondence and
5/2/2014 Frost, Cable $116.00 0.4 $290.00 proposed scheduling orders
Revise Scheduling Order and Joint Motion for Scheduling Order; send letter to counsel
5/2/2014 Bernier, Michael $122.50 0.5 $245.00 for JBS forwarding same
5/5/2014 Frost, Cable $87.00 0.3 $290.00 Confer with Mike Bernier regarding additional scheduling inquiries
5/5/2014 Bernier, Michael $49.00 0.2 $245.00 Review correspondence from counsel for JBS re scheduling order
5/5/2014 Frost, Cable $87.00 0.3 $290.00 Confer with Mike Bernier regarding expert issues associated with proposed schedule
Work with counsel for JBS re scheduling order, deadlines, and a joint motion for same;
multiple phone conversations with court administrator re deadlines and scheduling
5/6/2014 Bernier, Michael $441.00 1.8 $245.00 order; draft and revise agreed scheduling order and joint motion for same
Revise scheduling order and joint motion for entry of same; submit orders to both
5/7/2014 Bernier, Michael $171.50 0.7 $245.00 magistrate judge and district judge
5/15/2014 Bernier, Michael $0.00 0 $0.00 Exchange emails with counsel for JBS Carriers re Scheduling Order
Receive and review correspondence from the Court with regard to dates and
deadlines; confer with Mike Bernier regarding same; confer with Mike Bernier
5/20/2014 Frost, Cable $174.00 0.6 $290.00 regarding Dr. Carl Brooking's analysis of KLLM's financial documents
Review amended scheduling order entered by court; exchange emails with potential
5/20/2014 Bernier, Michael $0.00 0 $0.00 witnesses re trial date
Analyze and categorize Agreed Scheduling Order entered by Court and calendar
5/21/2014 Craft, Julie $0.00 0 $0.00 relevant dates; conference with M. Bernier re same, error in court
5/21/2014 Bernier, Michael $73.50 0.3 $245.00 Study documents produced by KLLM related to tractor sales
5/26/2014 Bernier, Michael $73.50 0.3 $245.00 Send damages expert financial documents and review same
Study financial statements and tractor purchase documents in preparation for phone
call with damages expert; phone conferences with damages expert re financial
5/27/2014 Bernier, Michael $269.50 1.1 $245.00 statements and tractor purchase issues as well as issues going forward
Review materials and begin preparations to re-engage Blue Keene with regard to the
5/28/2014 Frost, Cable $464.00 1.6 $290.00 Tyson contract and his opinions with regard to industry standards
Phone conversations with damages expert re financial statements and related issues;
5/28/2014 Bernier, Michael $245.00 1 $245.00 study financial statements
Phone conversations with damages expert re financial statements and related issues;
5/29/2014 Bernier, Michael $147.00 0.6 $245.00 study financial statements
Conference with Mike Bernier regarding upcoming deadlines, Dr. Brooking's
conclusions in questions as well as additional logistics concerning upcoming
5/30/2014 Frost, Cable $464.00 1.6 $290.00 preparation for trial
Preparation for phone conference with Bill Hahn re damages issues; phone conference
with Bill Hahn re damages issues; meet with C. Frost re case status, strategy, and
5/30/2014 Bernier, Michael $367.50 1.5 $245.00 issues related to damages; review expert report from JBS' damages expert
Review Dr. Brooking's opinions and report as well as idle truck testimony in
preparation for receipt of updated opinions from PPC's economist; confer with Mike
6/2/2014 Frost, Cable $348.00 1.2 $290.00 Bernier regarding same
6/2/2014 Bernier, Michael $269.50 1.1 $245.00 Study expert report for JBS's damages expert
Review deposition testimony of Bill Haan regarding contract negotiation and
anticipated margin associated with the dedicated hauling agreement; review
testimony of Todd Gooch and Rodrigo Horvath regarding "value" of the dedicated
6/5/2014 Frost, Cable $348.00 1.2 $290.00 agreement to JBS carriers
Exchange emails with counsel for JBS re deposition of industry expert; send email to
6/5/2014 Bernier, Michael $0.00 0 $0.00 industry expert re same
Draft list of topics to be covered with Dr. Brooking when reviewing defendants
6/6/2014 Frost, Cable $145.00 0.5 $290.00 supplemental expert report
Receive and review PPC's supplemental expert report regarding damages; confer with
Mike Bernier regarding summary of same; review Terry Thornton's testimony
6/6/2014 Frost, Cable $435.00 1.5 $290.00 regarding KLLM's idle truck report
6/6/2014 Craft, Julie $12.00 0.1 $120.00 Conference with M. Bernier re upcoming deadlines, related tasks
Study supplemental report of JBS Carriers' damages expert; exchange emails with
Steve Kennedy and Cable Frost re same;,forward same to Carl Brooking, damages
6/6/2014 Bernier, Michael $0.00 0 $0.00 expert
Review correspondence and summary of amended expert reports to be sent client;
6/9/2014 Frost, Cable $174.00 0.6 $290.00 confer with Mike Bernier regarding same
Study supplemental report of JBS' expert report; send same to Jim Richards and Terry
6/9/2014 Bernier, Michael $220.50 0.9 $245.00 Thornton with analysis
Prepare for and participate in conference call with Dr. Brooking to discuss his opinions
and reactions to defendants amended expert report;confer with Mike Bernier
6/10/2014 Frost, Cable $522.00 1.8 $290.00 regarding follow up questions to be answered
Analyze JBS' expert supplemental report; review deposition of Terry Thornton; review
6/10/2014 Bernier, Michael $539.00 2.2 $245.00 documents produced to evaluate JBS' mitigation defense
6/11/2014 Frost, Cable $174.00 0.6 $290.00 Review Blue Keene's expert report in preparation for expert conference
6/11/2014 Bernier, Michael $0.00 0 $0.00 Send email to industry expert re deposition schedule
6/12/2014 Frost, Cable $116.00 0.4 $290.00 Additional preparation for upcoming conference call with Blue Keene
6/12/2014 Craft, Julie $24.00 0.2 $120.00 Analyze and categorize Supplemental Expert Witness Report of A. Brent Saunders
Phone conversation with counsel for JBS re expert depositions and document request;
6/12/2014 Bernier, Michael $0.00 0 $0.00 send email to industry expert re deposition; call and leave message re same
6/13/2014 Bernier, Michael $49.00 0.2 $245.00 Phone call to industry expert re deposition schedule; speak with C. Frost re same
6/14/2014 Bernier, Michael $0.00 0 $0.00 Email from industry expert re deposition schedule
Send email to industry expert re deposition schedule; review documents related to
6/15/2014 Bernier, Michael $0.00 0 $0.00 ramp-up of services
Review Blue Keene's expert report in anticipation of call with opposing counsel; review
certain portions of deposition with regard to performance standards and areas of
testimony for which Blue will offer opinions; confer with Mike Bernier
[REDACTED\] prepare for and participate in conference call
6/16/2014 Frost, Cable $696.00 2.4 $290.00 with Blue Keene to discuss his expected areas of testimony
Prepare for teleconference with industry expert; conduct extensive teleconference
with industry expert; review pleadings related to perspective scope of deposition of
6/16/2014 Bernier, Michael $318.50 1.3 $245.00 industry expert; draft correspondence to counsel for JBS re same
Receive additional information regarding Blue's testimony and areas of Tyson/KLLM
relationship [REDACTED\] confer with Mike Bernier regarding same; review
KLLM and JBS' position over time with regard to the Tyson contract and areas of
expected testimony of Blue in the role of an expert who happens to be a Tyson
6/17/2014 Frost, Cable $522.00 1.8 $290.00 employee
Review JBS' previously-filed briefs re intended scope of discovery with respect to
Tyson contract; draft and revise correspondence to counsel for JBS re deposition of
industry expert and limiting scope of same; conduct research re scope of discovery of
6/17/2014 Bernier, Michael $245.00 1 $245.00 testifying expert's file
Exchange emails with counsel for JBS re deposition of industry expert and scope of
same; schedule teleconference with counsel re same; review pleadings re Tyson
contract and JBS' intended discovery with respect to Tyson contract in preparation for
6/18/2014 Bernier, Michael $0.00 0 $0.00 dispute with JBS
Receive and review correspondence from counsel for PPC responding to KLLM's
position with regard to the scope of Blue Keene's testimony;confer with Mike Bernie,
regarding same; prepare for upcoming conference call with counsel for JBS/PPC to
6/19/2014 Frost, Cable $377.00 1.3 $290.00 discuss same
Study discovery and pleadings related to discovery re Tyson contract; evaluate
appropriate scope of industry expert's deposition; prepare for call with counsel for JBS
6/19/2014 Bernier, Michael $416.50 1.7 $245.00 re same
Prepare for and participate in conference call with Lyle Robinson and Brian Eberley in
order to discuss the limitations of Blue Keene's testimony and restrictions on JBS/PPC
with regarding to the Tyson contract; confer with Mike Bernier post-call regarding
6/20/2014 Frost, Cable $464.00 1.6 $290.00 issues to be discussed with Blue Keene
Prepare for conference call with counsel for JBS re scope of expert deposition; conduct
6/20/2014 Bernier, Michael $441.00 1.8 $245.00 call; review and analyze subpoena for experts' documents from JBS
Confer with Mike Bernier regarding preparation packets for upcoming expert
depositions; begin review of deposition transcript of Martin Merman; review portions
of Nick White and Briana Cole's depositions in order to assess content appropriate for
6/23/2014 Frost, Cable $667.00 2.3 $290.00 Motions in Limine
Prepare subpoena for expert records and provide same to M. Bernier; analyze and
process subpoenas served for working files of C. Brooking and L. Keene; calendar
6/23/2014 Craft, Julie $60.00 0.5 $120.00 response deadlines
Review subpoena document requests for damages expert and industry expert received
from JBS; conduct research re propriety of JBS' document requests; phone
conversation with damages expert re documents; phone conversation with industry
6/23/2014 Bernier, Michael $514.50 2.1 $245.00 expert re documents; meet with C. Frost re same
Review and finalize document subpoenas to be served on defendant's experts; confer
with Mike Bernier regarding same; receive and review letter from JBS's counsel
outlining intended lines of questioning for Blue Keen with regard to the Tyson
contract; confer with Mike Bernier regarding his interview of Blue Keen regarding
same; confer with Steve Kennedy regarding positions to be taken; evaluate document
6/24/2014 Frost, Cable $464.00 1.6 $290.00 requests propounded to KLLM's experts
Analyze and categorize expert, C. Brookings working file in preparation for production
of same; conference with M. Bernier re same; finalize SOT to Brent Saunders and have
served upon counsel for JBS Carriers; prepare and submit Notice of Issuance of
6/24/2014 Craft, Julie $120.00 1 $120.00 Subpoena with Court, all counsel
Phone conversation with damages expert about subpoena served on him and the
entirety of his file; draft and revise response and objections to subpoena document
requests from JBS to both damages expert and industry expert; draft document
requests to JBS' expert; coordinate service of subpoena on JBS' expert; review
correspondence from JBS re scope of deposition of industry expert; speak with C. Frost
re same; place call to industry expert re same; phone conversation with Terry
6/24/2014 Bernier, Michael $735.00 3 $245.00 Thornton re idle truck calculations
Confer with Mike Bernier regarding information needed for Dr. Carl Brooking; receive
and review documents [REDACTED\]
confer with Mike Bernier regarding his interview of Blue Keen regarding the Tyson
contract and general questions regarding same; continue analysis of Mark Norman
6/25/2014 Frost, Cable $406.00 1.4 $290.00 transcript
Conference with M. Bernier re expert documents to be produced, related tasks and
6/25/2014 Craft, Julie $24.00 0.2 $120.00 upcoming deadlines
Phone conversation with industry expert re deposition and Tyson contract; phone
conversation with Brandon Woods re volume of services under contract with Pilgrim's
Pride; send correspondence and information request to Andy Morris re same; review
expert report of industry expert to evaluate proper scope of deposition; review expert
6/25/2014 Bernier, Michael $686.00 2.8 $245.00 file of damages expert for production in response to subpoena
Prepare for and participate in meeting with Mike Bernier to discuss additional needs
for preparation of KLLM's experts prior to deposition; review certain file materials
6/26/2014 Frost, Cable $696.00 2.4 $290.00 regarding same; continue review of Norman depo; review Tyson contract
Prepare and submit Proof of Service of SDT served upon A. Brent Saunders to Court, all
6/26/2014 Craft, Julie $12.00 0.1 $120.00 counsel
6/26/2014 Bernier, Michael $171.50 0.7 $245.00 Prepare for preparation of expert witnesses
Receive and review correspondence from JBS regarding deposition logistics; receive
and review correspondence between Mike Bernier and JBS regarding limitations on
Blue Keen's deposition; confer with Mike Bernier regarding same; examine Schedule A
6/27/2014 Frost, Cable $522.00 1.8 $290.00 incomparison to the Tyson Contract in order to determine the potential areas by JBS
Exchange emails with counsel for JBS re upcoming depositions; prepare for
6/27/2014 Bernier, Michael $0.00 0 $0.00 preparation of expert witnesses for upcoming depositions
6/29/2014 Bernier, Michael $171.50 0.7 $245.00 Prepare for deposition preparation of industry expert
Exchange emails with industry expert re deposition preparation; prepare for
6/30/2014 Bernier, Michael $0.00 0 $0.00 deposition preparation of industry expert
Prepare for upcoming expert prep session of Blue Keene; confer with Mike Bernier
regarding same; compare the Tyson and KLLM dedicated contracts in order to
7/1/2014 Frost, Cable $406.00 1.4 $290.00 ascertain service provisions contained in each
7/1/2014 Williams, Andrea $24.00 0.2 $120.00 Update pleadings file with recently filed subpoenas to Carl Brooking and Larry Keene
Review and analyze documents for production in response to subpoenas to industry
expert and damages expert; prepare for preparation of industry expert; review and
7/1/2014 Bernier, Michael $514.50 2.1 $245.00 analyze deposition of Brandon Woods
Prepare for and participate in prep session with Mike Bernier with regard to Blue
Keene's expert testimony; review and approve responses to subpoena document
request received from JBS; review and approve materials to be produced in response
to expert document requests; confer with Mike Bernier regarding objections and
7/2/2014 Frost, Cable $522.00 1.8 $290.00 production
Conference with M. Bernier re response to subpoenas served upon experts and
related tasks; identify and prepare documents to be produced; prepare electronic
7/2/2014 Craft, Julie $252.00 2.1 $120.00 version of same for production
Prepare for deposition preparation of industry expert; conduct conference call
preparation of industry expert; review documents for production in response to
subpoenas to experts; draft and revise written responses and objections to subpoenas
7/2/2014 Bernier, Michael $931.00 3.8 $245.00 to experts
Provide suggestions and direction for expert prep session of Blue Keene; review
7/3/2014 Frost, Cable $319.00 1.1 $290.00 of concern with Mike Bernier
7/3/2014 Bernier, Michael $73.50 0.3 $245.00 Plan for preparation of industry expert deposition
Continue review of Norman deposition in order to determine potential attacks
7/4/2014 Frost, Cable $638.00 2.2 $290.00 regarding service issues for expert deposition of Blue Keene
Review economist reports and testimony relating to same in order to begin
7/7/2014 Frost, Cable $464.00 1.6 $290.00 preparations to defend Dr. Brooking and take the deposition of Brent Saunders
7/7/2014 Bernier, Michael $343.00 1.4 $245.00 Prepare for deposition of industry expert; meet with Cable Frost re same
Complete review of deposition testimony and reports necessary in order to prepare
KLLM witnesses for upcoming depositions; begin draft outline of Brent Saunder's
deposition; contact Carl Brooking to ask questions regarding Mr. Saunder's
7/8/2014 Frost, Cable $1,711.00 5.9 $290.00 calculations
Review expert file for JBS Carriers' damages expert; speak with C. Frost re same;
prepare for depostition of JBS Carriers' damages expert; prepare for deposition
preparation of industry expert; review statistics received from Andy Morris with KLLM;
7/8/2014 Bernier, Michael $637.00 2.6 $245.00 confere with Terry Thornton and Jim Richards re contract question
Prepare for and participate in conference call with Blue Keene to prepare him for his
7/9/2014 Frost, Cable $522.00 1.8 $290.00 deposition
Analyze and categorize documents produced responsive to SDT served upon JBS
7/9/2014 Craft, Julie $120.00 1 $120.00 expert, B. Saunders; prepare notebook for attorneys for use in deposition preparation
Prepare for deposition preparation session of industry expert; conduct extensive
telephonic deposition preparation session of industry expert; prepare for deposition
7/9/2014 Bernier, Michael $637.00 2.6 $245.00 preparation of damages expert and review documents related to same
Prepare for and participate in in-person meeting with Carl Brooking to discuss his
testimony, prepare him for deposition and to review the expert report of Brent
7/10/2014 Frost, Cable $928.00 3.2 $290.00 Saunders
Finalize deposition preparation notebooks and identify/prepare collection of
7/10/2014 Craft, Julie $108.00 0.9 $120.00 documents relied upon by B. Saunders for attorney use
Prepare for deposition preparation session of damages expert; review documents
7/10/2014 Bernier, Michael $686.00 2.8 $245.00 related to same; conduct deposition preparation session of damages expert
Compile and prepare documents for deposition preparation of Larry Keene for Cable
7/11/2014 Williams, Andrea $276.00 2.3 $120.00 Frost and Mike Bernier
Work with M. Bernier regarding upcoming depositions, deposition preparation;
prepare Notice of Deposition of B. Saunders; calendar same; analyze and categorize
JBS Carriers' Notice of Deposition of L. Keene and Notice of Deposition of C. Brooking;
calendar same; analyze and categorize JBS Carriers' Responses, Objections to
7/11/2014 Craft, Julie $132.00 1.1 $120.00 Document Requests to Brent Saunders
Prepare for deposition preparation session with industry expert; review and analyze
7/11/2014 Bernier, Michael $588.00 2.4 $245.00 several depositions related to upcoming expert depositions
7/12/2014 Bernier, Michael $49.00 0.2 $245.00 Prepare for deposition preparation of industry expert
Prepare deposition preparation materials for industry expert; prepare for deposition
7/13/2014 Bernier, Michael $710.50 2.9 $245.00 of industry expert; review and analyze documents related to same
Prepare for and conduct in person deposition preparation of Blue Keene; follow up
session with Mr. Keene to review his testimony and KLLM's on time performance
7/14/2014 Frost, Cable $1,624.00 5.6 $290.00 report
Prepare deposition preparation materials for industry expert; prepare for deposition
of industry expert; review and analyze documents related to same; conduct extensive
7/14/2014 Bernier, Michael $1,739.50 7.1 $245.00 deposition preparation session with industry expert
Preparing for and defend the deposition of Blue Keene; post deposition debrief with
Mr. Keene; begin preparations to take defendant's economist, Brent Saunders; confer
with Mike Bernier [REDACTED\]
7/15/2014 Frost, Cable $2,059.00 7.1 $290.00
Reschedule deposition start time per request from Mike Bernier; prepare deposition
7/15/2014 Williams, Andrea $204.00 1.7 $120.00 exhibits for Mike Bernier and Cable Frost
Prepare industry expert for deposition; attend deposition of industry expert; analyze
several depositions in relation to deposition of industry expert to evaluate JBS'
arguments; analyze JBS' discovery responses in relation to same; prepare for
deposition of JBS' damages expert; prepare for deposition preparation session of
7/15/2014 Bernier, Michael $1,690.50 6.9 $245.00 KLLM's damages expert
Prepare for and take deposition of defendant's economist, Brent Saunders; in person
meeting with Carl Brooking to discuss Mr. Saunders testimony as well as prepare Mr.
Brooking for his upcoming deposition; review certain documents and concepts
7/16/2014 Frost, Cable $1,856.00 6.4 $290.00 with Mike Bernier
Prepare for deposition of JBS' damages expert; attend deposition of JBS' damages
expert; prepare for deposition preparation session of KLLM's damages expert; conduct
7/16/2014 Bernier, Michael $1,519.00 6.2 $245.00 extensive preparation of KLLM's damages expert
Prepare for and defend the deposition of Dr. Carl Brooking; post-deposition debrief
7/17/2014 Frost, Cable $1,479.00 5.1 $290.00 with Dr. Brooking; confer with Steve Kennedy regarding same
7/17/2014 Bernier, Michael $24.50 0.1 $245.00 Review update of deposition of KLLM's damages expert
7/21/2014 Frost, Cable $522.00 1.8 $290.00 Receive and begin review of the transcript of Defendant's expert, Brent Saunders
7/21/2014 Bernier, Michael $49.00 0.2 $245.00 Review deposition of KLLM's damages expert
7/24/2014 Craft, Julie $12.00 0.1 $120.00 Analyze and categorize Deposition Transcript of Brent Saunders
Phone conversation with industry expert re invoice; review deposition of industry
7/24/2014 Bernier, Michael $171.50 0.7 $245.00 expert
Confer with Mike Bernier regarding upcoming deadline for Motions in Limine; review
previously filed Motions in Limine and provide suggestions regarding same; continue
review of expert transcripts recently received in order to determine whether topics
7/28/2014 Frost, Cable $696.00 2.4 $290.00 exist that would warrant evaluation for Motion in Limine
Contact Dr. Brooking to discuss certain issues raised in his deposition; continue review
of Blue Keene's deposition in order to determine defendant's likely strategy for
7/29/2014 Frost, Cable $696.00 2.4 $290.00 attempting to exclude Mr. Keene's testimony
7/29/2014 Craft, Julie $12.00 0.1 $120.00 Conference with M. Bernier re status of expert deposition transcripts
Review deposition transcript of JBS' damages expert and send same to KLLM's
7/29/2014 Bernier, Michael $24.50 0.1 $245.00 damages expert
Continue review of Blue Keene's deposition transcript; confer with Mike Bernier
regarding same; review Tyson contract and Schedule A in order to put context around
7/30/2014 Frost, Cable $638.00 2.2 $290.00 questions posed to Mr. Keene by counsel for JBS
7/30/2014 Bernier, Michael $0.00 0 $0.00 Exchange emails with industry expert re process going forward
Continue review and analysis of expert deposition transcripts in order to evaluate for
7/31/2014 Frost, Cable $1,044.00 3.6 $290.00 potential Motions in Limine and trial strategy
Analyze and categorize Order entered dismissing KLLM's prior Motion in Limine (133);
7/31/2014 Craft, Julie $12.00 0.1 $120.00 provide same to attorneys
Review deposition of JBS' damages expert; prepare for drafting Motion to Exclude his
7/31/2014 Bernier, Michael $122.50 0.5 $245.00 testimony
Analyze and categorize deposition transcripts and deposition exhibits of C. Brooking
and L. Keene; provide same to M. Bernier and conference re related tasks;
correspondence to experts, C. Brooking and L. Keene providing deposition transcripts
8/1/2014 Craft, Julie $144.00 1.2 $120.00 and instructions for completing review/Certificates of Deponent
Analyze deposition of industry expert; coordinate sending of same to him for reading
8/1/2014 Bernier, Michael $171.50 0.7 $245.00 and signing
Review deposition of Brent Saunders in order to provide suggestions for Daubert
Motion; review Dr. Carl Brookings' deposition as well as correspondence between the
8/4/2014 Frost, Cable $348.00 1.2 $290.00 parties with regard to lost profit damages in order to prepare for Daubert inquiry
Conduct research for prospective Daubert Motion re KLLM's industry expert; review
8/4/2014 Bernier, Michael $294.00 1.2 $245.00 and analyze deposition of JBS' damages expert; speak with Cable Frost re same
Review Dr. Brooking's deposition and exhibits in order to determine likely strategy to
be employed by JBS/PPC in challenging KLLM's loss profit damages and status as a loss
8/5/2014 Frost, Cable $580.00 2 $290.00 volume seller
Study deposition of JBS' damages expert in preparation for Daubert motion; extensive
phone conversation with KLLM's damages expert in connection with Daubert motion
8/5/2014 Bernier, Michael $1,053.50 4.3 $245.00 of JBS' damages expert; conduct research for Daubert Motion of JBS's damages expert
Prepare for and participate in conference with Mike Bernier to discuss areas to
challenge defendants expert, Brent Saunders; examine certain positions taken by Carl
Brooking in order to insure no conflict between challenges to Brent Saunders versus
8/6/2014 Frost, Cable $522.00 1.8 $290.00 Brooking's proposed testimony
Conduct research for Daubert Motion of JBS' damages expert; study documents
related to same; meet with C. Frost in relation to same study depositions of JBS'
damages expert, KLLM's damages expert, and others in preparation for drafting
8/6/2014 Bernier, Michael $1,543.50 6.3 $245.00 motion
Receive and review confidential designations from recently taken expert depositions;
confer with Mike Bernier regarding filing of Motion under Seal provide initial thoughts
8/7/2014 Frost, Cable $319.00 1.1 $290.00 to draft of Saunders Daubert Motion
Draft and revise Daubert Motion of JBS' damages expert; conduct research re same;
8/7/2014 Bernier, Michael $1,764.00 7.2 $245.00 analyze financial documents and expert discovery in relation to Daubert Motion
Revise and edit proposed Daubert Motion concerning Mr. Saunders' opinions
regarding KLLM's capacity to handle various lines of business; confer with Mike Bernier
regarding same; review final motion prior to filing; begin review of motions filed by
JBS/PPC challenging Dr. Brooking's testimony and seeking summary judgment with
8/8/2014 Frost, Cable $1,102.00 3.8 $290.00 regard to KLLM's status as a lost volume seller
Prepare Motion to Seal Documents; conference with M. Bernier re same, Local Rules;
Prepare Motion to Exclude Testimony of Brent Saunders for M. Bernier's
review/revisions; identify and categorize exhibits to Memorandum of Authorities in
Support of Motion to Exclude Testimony of Brent Saunders; finalze all; submit Motion
8/8/2014 Craft, Julie $360.00 3 $120.00 to Seal to Court, all counsel
Draft and revise Daubert Motion of JBS' damages expert; conduct research re same;
draft Motion to File Daubert Motion under Seal; draft Order granting same; send
Daubert Motion to Judge's Chambers with message re sealing of motion; serve same
on Defendants' counsel; review Motion for Partial Summary Judgment filed by JBS;
8/8/2014 Bernier, Michael $2,009.00 8.2 $245.00 review Daubert Motion filed by JBS
Review Daubert Motions and Motions for Summary Judgment filed by JBS/PPC with an
eye towards practical impact on KLLM's loss profit damages; confer with Steve
Kennedy regarding same; request additional research from Mike Bernier regarding loss
8/11/2014 Frost, Cable $928.00 3.2 $290.00 profit damages and classification of lost volume seller
Review and analyze Motion for Summary Judgment filed by JBS Carriers; conduct
8/11/2014 Bernier, Michael $392.00 1.6 $245.00 research re same; speak with Cable Frost re same
Prepare for and participate in conference call with Carl Brooking to discuss his expert
testimony as well as Daubert motion filed by JBS/PPC; confer with Mike Bernier
8/12/2014 Frost, Cable $638.00 2.2 $290.00 regarding same; evaluate case law cited by JBS with regard to loss volume seller
Study JBS' motion for partial summary judgment; conduct research re same; study JBS'
motion to exclude KLLM's damages expert; conduct research re same; study
deposition of damages expert in relation to same; phone conversation with damages
8/12/2014 Bernier, Michael $539.00 2.2 $245.00 expert resame
Receive and review letter from Mike Bernier designating certain portions of Dr.
Brooking and Mr. Keyes' depositions confidential pursuant to the protective order in,
8/13/2014 Frost, Cable $116.00 0.4 $290.00 place
Study deposition of KLLM's damages expert; analyze motion to exclude KLLM's
damages expert; extensive phone conversation with KLLM's damages expert re JBS'
motion to exclude his testimony; review depositions and exhibits to the depositions of
KLLM's damages expert and industry expert to make confidentiality designations; draft
letter making said designations and send same to JBS' counsel; analyze JBS' motion for
8/13/2014 Bernier, Michael $1,176.00 4.8 $245.00 partial summary judgment and conduct research re same
Complete review of JBS/PPC's Motion to Exclude the Testimony of Dr. Carl Brooking as
well as lost volume for Summary Judgment on KLLM status as a loss seller; confer with
Mike Bernier regarding observations and concerns; pull and review certain cases cited
by JBS/PPC in its Motion for Summary Judgment; review portions of Dr. Brooking's
testimony in order to determine sufficiency of detail and rigor with regard to
8/14/2014 Frost, Cable $928.00 3.2 $290.00 methodology employed in computing KLLM's damages
Analyze and categorize JBS Carriers' Motion to Exclude Expert Testimony, Motion for
Partial Summary Judgment and all related memos, exhibits; calendar response
8/14/2014 Craft, Julie $72.00 0.6 $120.00 deadlines accordingly
Study deposition of KLLM's damages expert; analyze Motion to Exclude Car Brooking;
8/14/2014 Bernier, Michael $661.50 2.7 $245.00 conduct research re same
8/15/2014 Bernier, Michael $784.00 3.2 $245.00 Analyze Motion to Exclude Car Brooking; conduct research re same
8/16/2014 Bernier, Michael $147.00 0.6 $245.00 Conduct research for Response to Motion to Exclude Carl Brooking
Conduct extensive research re JBS' arguments in support of its Motion to Exclude Carl
Brooking; conduct research for KLLM's Response in Opposition to JBS' Motion to
Exclude Carl Brooking; review and analzye written discovery, produced documents,
8/18/2014 Bernier, Michael $1,176.00 4.8 $245.00 and Court filings related to same
Review research and discussions of KLLM's status as a loss-volume seller; confer with
Mike Bernier regarding ramifications of same; review arguments advanced by
8/19/2014 Frost, Cable $319.00 1.1 $290.00 Defendant's economist regarding KLLM's capacity
Conduct research for response in opposition to motion to exclude Carl Brooking;
conduct research for response in opposition to JBS' motion for summary judgment;
8/19/2014 Bernier, Michael $588.00 2.4 $245.00 prepare to draft same
Examine testimony of Bill Hahn and Jim Richards regarding KLLM's capacity to manage
additional business as well as contracts obtained after beginning the dedicated work
8/20/2014 Frost, Cable $406.00 1.4 $290.00 for PPC
Conduct research for response in opposition to motion to exclude Carl Brooking; draft
introduction of response in opposition to motion to exclude Carl Brooking; conduct
research for response in opposition to JBS' motion for summary judgment; prepare to
8/20/2014 Bernier, Michael $686.00 2.8 $245.00 draft same
8/21/2014 Bernier, Michael $220.50 0.9 $245.00 Draft introduction to response in opposition to motion to exclude Dr. Carl Brooking
Review and provide suggestions regarding drafts of responses to Daubert Motions
8/22/2014 Frost, Cable $522.00 1.8 $290.00 filed by JBS/PPC; confer with Mike Bernier regarding same
Correspond with industry expert re costs; draft facts section of Response in Opposition
8/22/2014 Bernier, Michael $686.00 2.8 $245.00 to Motion to Exclude Carl Brooking
8/23/2014 Bernier, Michael $980.00 4 $245.00 Draft Response in Opposition to Motion to Exclude Carl Brooking
Draft and revise facts section and argument section of Response in Opposition to
8/24/2014 Bernier, Michael $1,764.00 7.2 $245.00 Motion to Exclude Carl Brooking
Review and provide suggested revisions and edits to KLLM's response to Defendant's
Motion to Exclude Expert Deposition Testimony of Carl Brooking; review Dr. Brooking's
8/25/2014 Frost, Cable $522.00 1.8 $290.00 report and testimony regarding same; confer with Mike Bernier regarding same
Draft and revise facts section and argument section of Response in Opposition to
Motion to Exclude Carl Brooking; conduct research re same; speak with Cable Frost re
8/25/2014 Bernier, Michael $1,176.00 4.8 $245.00 same; phone conversation with counsel for JBS re motion deadlines
Review and revise Dr. Brooking's supporting affidavit for KLLM's response to Motion to
Exclude Expert Testimony confer with Mike Bernier regarding same; begin review and
revisions to KLLM's response to Defendant's Motion for Summary Judgment regarding
8/26/2014 Frost, Cable $638.00 2.2 $290.00 KLLM's status as a "loss volume seller"
Draft and revise response in opposition to motion to exclude Carl Brooking; draft and
revise declaration for Carl Brooking; correspond with Carl Brooking re declaration;
conduct research for response in opposition to JBS' motion for partial summary
8/26/2014 Bernier, Michael $1,421.00 5.8 $245.00 judgment; draft response in opposition to motion for partial summary judgment
Continue work on briefing of outstanding Daubert and Summary Judgment Motions;
confer with Mike Bernier regarding same; work on wording of affidavit of Carl
8/27/2014 Frost, Cable $638.00 2.2 $290.00 Brooking in order to clarify certain portions of his testimony
Draft and revise response in opposition to motion to exclude Carl Brooking; draft and
revise declaration for Carl Brooking; meet with Carl Brooking re response and his
declaration; conduct research for response in opposition to JBS' motion for partial
summary judgment; draft response in opposition to motion for partial summary
judgment; conduct research re same; review documents, pleadings, and deposition
8/27/2014 Bernier, Michael $2,401.00 9.8 $245.00 testimony for same; correspond with JBS' counsel re filing response under seal
Review and provide final revisions to KLLM's Responses to JBS's Motion to Exclude
Expert Testimony and Motion for Summary Judgment; confer with Mike Bernier
regarding same; receive and begin review or JBS's Response to KLLM's Motion to
Exclude certain portions of Brent Saunders' testimony; confer with Mike Bernier
8/28/2014 Frost, Cable $928.00 3.2 $290.00 regarding same
Prepare Motion for Leave to File Documents Under Seal; prepare Proposed Order
Granting same; submit same to Court, all counsel; identify and prepare exhibits to
Response in Opposition to Motion to Exclude Dr. Carl Brooking; identify and prepare
exhibits to Response in Opposition to Motion for Partial Summary Judgment Regarding
8/28/2014 Craft, Julie $420.00 3.5 $120.00 KLLM's Lost Volume Theory; finalize all and submit to Court, all counsel
Draft and revise motion to JBS' motion for partial summary judgment; conduct
research re same; review documents, pleadings, and deposition testimony for same;
8/28/2014 Bernier, Michael $1,666.00 6.8 $245.00 correspond with JBS' counsel re filing response under seal; finalize same for filing
Complete review of JBS's response to KLLM's Motion to Exclude Certain Portions of
Saunders' testimony; confer with Mike Bernier regarding same; read testimony and
certain authority cited in JBS's Motion for Summary Judgment regarding KLLM's status
8/29/2014 Frost, Cable $522.00 1.8 $290.00 as a lost volume seller
Analyze and categorize various documents filed yesterday by both sides; review of
Court's order granting motion to seal; conference with M. Bernier re same and need to
8/29/2014 Craft, Julie $60.00 0.5 $120.00 contact Court regarding status of KLLM's motions to seal
Review depositions of Carl Brooking and Brent Saunders in order to evaluate positions
taken by JBS in its Motion to Exclude Testimony and response to KLLM's Daubert
9/2/2014 Frost, Cable $493.00 1.7 $290.00 Motion
9/2/2014 Williams, Andrea $0.00 0 $0.00 Contact clerk and inquire into the ruling of the two previously filed motions to seal
9/2/2014 Bernier, Michael $0.00 0 $0.00 Coordinate execution of orders sealing confidential documents filed in court
Review testimony and documents concerning KLLM's margins which were "built in" to
the pricing of schedule A; review testimony of Bill Hahn regarding same; review
9/3/2014 Frost, Cable $667.00 2.3 $290.00 questions posed to Dr. Carl Brooking by counsel for JBS/PPC
Review and anaizye Court Orders Sealing Confidential Documents; coordinate filing of
documents under seal; correspond with MS' counsel re same; review and analyze
9/3/2014 Bernier, Michael $0.00 0 $0.00 Defendants' Response in Opposition to Motion to Exclude JBS' damages expert
Complete review of deposition testimony and documentation concerning KLLM's
"negotiated" rates of margin contained in the pricing of Schedule A; evaluate JBS's
9/4/2014 Frost, Cable $754.00 2.6 $290.00 claims with regard to the flawed nature of relying on said negotiated rates
Identify and calendar deadline for reply briefs; analyze and process Orders granting
KLLM's motion to seal; correspondence to USDC Clerk and all counsel providing KLLM's
9/4/2014 Craft, Julie $0.00 0 $0.00 motions/responses to be filed under seal
Coordinate filing of confidential pleadings under seal; prepare for drafting of rebuttal
9/4/2014 Bernier, Michael $0.00 0 $0.00 in support of motion to exclude Brent Saunders
Review JBS's reply in opposition to KLLM's Motion to Exclude Capacity Testimony of
9/5/2014 Frost, Cable $522.00 1.8 $290.00 Brent Saunders; confer with Mike Bernier regarding same
Correspond with opposing counsel re recently-filed documents; review and analyze
defendant's response in opposition to KLLM's motion to exclude JBS' damages expert's
9/5/2014 Bernier, Michael $0.00 0 $0.00 opinions; prepare to draft rebuttal
Review and analyze JBS's position in opposition to KLLM's Motion to Exclude
Testimony of Brent Saunders; review Brent Saunder's deposition regarding same;
confer with Mike Bernier regarding certain assumptions utilized by Dr. Brooking which
9/8/2014 Frost, Cable $0.00 0 $0.00 are criticized by Brent Saunders
Conduct research for Rebuttal Memorandum in Support of Motion to Exclude JBS'
Damages Expert; draft Rebuttal Memorandum in Support of Motion to Exclude JBS'
9/8/2014 Bernier, Michael $1,519.00 6.2 $245.00 Damages Expert
Complete review of Saunder's and Brooking's deposition in order to evaluate positions
taken by JBS with regard to KLLM's Motion to Exclude Saunders; review additional
9/9/2014 Frost, Cable $696.00 2.4 $290.00 information provided regarding assumed profit margins built into Schedule A pricing
Draft and revise rebuttal memorandum in support of motion to exclude JBS' damages
9/9/2014 Bernier, Michael $0.00 0 $0.00 expert's opinion
Review and provide suggestions regarding KLLM's response in support of its Motion to
9/10/2014 Frost, Cable $493.00 1.7 $290.00 Exclude Brent Saunders
Draft and revise rebuttal memorandum in support of motion to exclude IBS' damages
expert's opinion; phone conversation with counsel for JBS re deadlines and filing briefs
under seal; review and analzye motion for extensions received from JBS' counsel;
review and analyze damages documentation to evaluate available testimony in
9/10/2014 Bernier, Michael $710.50 2.9 $245.00 support of lost profit damages
Confer with Mike Bernier regarding status of responses to Motions and finalization of
KLLM's Reply in Support of its Motion to Exclude Brent Saunders; continue analysis of
Mark Norman testimony in order to gage JBS's testimony regarding alleged failures of
9/11/2014 Frost, Cable $638.00 2.2 $290.00 KLLM to meet contractual obligations
Correspond with counsel for JBS re deadlines; review proposed motion from 1135;
revise rebuttal memorandum in support of motion to exclude JBS' damages expert's
9/11/2014 Bernier, Michael $0.00 0 $0.00 opinion
Receive and begin review of briefs filed by JBS/PPC regarding Motion for Partial
Summary Judgment as to Loss-Volume seller status as well as Motion to Exclude
9/15/2014 Frost, Cable $435.00 1.5 $290.00 Testimony of Carl Brooking
Revisions to KLLM's Rebuttal Memo in Support of Motion to Exclude Brent Saunders;
9/15/2014 Craft, Julie $72.00 0.6 $120.00 identify and prepare exhibits for same; submit to Court and all counsel
Revise and finalize Rebuttal Memorandum in Support of Motion to Exclude JBS'
damages expert; phone conversation with counsel for JBS re filings; exchange
correspondence with counsel for JBS re same; review and analyze JBS' Rebuttal
Memorandum in Support of Motion to Exclude KLLM's damages expert; review and
analyze JBS Rebuttal Memorandum in Support of Motion for Partial Summary
9/15/2014 Bernier, Michael $588.00 2.4 $245.00 Judgment
9/16/2014 Bernier, Michael $0.00 0 $0.00 Review and analyze electronic notice of filing re Daubert motions
Continue review of briefs filed by JBS/PPC regarding Motion for Partial Summary
Judgment with regard to Lost-Volume Seller status as well as Motion to Exclude
9/17/2014 Frost, Cable $812.00 2.8 $290.00 Testimony of Carl Brooking
Complete review of briefs filed by JBS/PPC with regard to dispositive and expert issues;
confer with Mike Bernier regarding same; begin outline of issues to be addressed at
9/18/2014 Frost, Cable $667.00 2.3 $290.00 argument of motions
9/18/2014 Craft, Julie $0.00 0 $0.00 Correspond with Court re sealed documents; analyze and categorize same
Review final versions of briefs filed by JBS/PPC seeking to exclude opinions of Dr. Carl
Brooking as well as obtain summary judgment with regard to lost volume seller; confer
with Mike Bernier regarding additional briefing; review deposition testimony of Brent
9/29/2014 Frost, Cable $522.00 1.8 $290.00 Saunders
Prepare status update for Jim Richards and Terry Thornton with litigation plan going
9/30/2014 Bernier, Michael $0.00 0 $0.00 forward
Review current status of Motions and tasks left to be completed prior to trial
preparation; confer With'Steve Kennedy regarding same; confer with Mike Bernier
regarding research needed on lost volume seller; begin analysis of additional issues to
10/1/2014 Frost, Cable $464.00 1.6 $290.00 cover in limine motions
Prepare status update for Jim Richards and Terry Thornton with litigation plan going
10/1/2014 Bernier, Michael $147.00 0.6 $245.00 forward
Continue review of issues to be addressed in limine; confer with Mike Bernier
10/3/2014 Frost, Cable $232.00 0.8 $290.00 regarding The
Receive correspondence from counsel for JBS regarding pre-trial order and timing
regarding same; confer with Mike Bernier regarding beginning process of assembling
10/7/2014 Frost, Cable $174.00 0.6 $290.00 witnesses and exhibits
Correspond with counsel for defendant re pretrial conference; coordinate preparation
10/7/2014 Bernier, Michael $73.50 0.3 $245.00 for pretrial conference and related tasks
Continue work on evaluation of witnesses and exhibits in preparation for conference
10/9/2014 Frost, Cable $464.00 1.6 $290.00 on pre-trial order; confer with Milk Bernier regarding same
Work on initial draft of Pretrial Order and Plaintiffs' Exhibit List; correspond with M.
10/9/2014 Craft, Julie $144.00 1.2 $120.00 Bernier re same, related tasks
Correspond with counsel for JBS Carriers re phone conversation to discuss pretrial
10/9/2014 Bernier, Michael $49.00 0.2 $245.00 process
10/10/2014 Frost, Cable $174.00 0.6 $290.00 Receive and review draft pretrial order and charts from Julie Craft
Prepare for teleconference with JBS' counsel re pretrial process; prepare plan for
10/13/2014 Bernier, Michael $98.00 0.4 $245.00 Pretrial Order
Prepare for and participate in call with counsel for JBS to discuss pre-trial order and
timing of same cofer with Mike Bernier regarding identification of witnesses
and exhibits; begin review of preliminary pre-trial order and chart detailing
10/14/2014 Frost, Cable $406.00 1.4 $290.00 depositions
Conference with M. Bernier re depositions taken in case, upcoming deadlines, pretrial
10/14/2014 Craft, Julie $60.00 0.5 $120.00 order, witness list and related tasks
Prepare for phone conference with JBS' counsel re pretrial matters; conduct phone
10/14/2014 Bernier, Michael $269,50 1.1 $245,00 conference with JBS' counsel re pretrial matters; prepare plan for trial preparation
Continue evaluation of testimony and exhibits in order begin preparations for pre-trial
10/15/2014 Frost, Cable $319.00 1.1 $290.00 order
Continue work on evaluation of identification of exhibits and witnesses for
10/16/2014 Frost, Cable $696.00 2.4 $290.00 incorporation into pre-trial order; cofer with Mike Bernier regarding same
Continue evaluation of deposition testimony of certain witnesses in order to
determine the identity of witnesses to be called live and by deposition for purposes of
10/17/2014 Frost, Cable $638.00 2.2 $290 00 the pre-trial order; confer with Mike Bernier regarding same
Review list of deponents and select deposition testimony in order to determine timing
10/20/2014 Frost, Cable $638.00 2.2 $290.00 of designation of witnesses as well as likely candidates for trial
Review and analyze tasks to be completed for Pretrial Order; prepare plan for
10/20/2014 Bernier, Michael $73.50 0.3 $245.00 accomplishing same
Continue analysis of depositions and documents in order to establish reasonable time
frame for designating witnesses and exhibits for trial; confer with Mike Bernier
10/21/2014 Frost, Cable $696.00 2.4 $290.00 regarding same
Correspond with counsel for JBS re deadlines for pretrial processes; review invoice
10/21/2014 Bernier, Michael $73.50 0.3 $245.00 from damages expert
Complete analysis of document and witness work in order to establish reasonable
time frame to prepare pretrial order and conference with defense counsel regarding
exchange for information; confer with Mike Bernier regarding same; prepare for and
participate in call with Lyle Robinson to discuss timing of disclosures as well as
10/22/2014 Frost, Cable $522.00 1.8 $290.00 additional work needed
Review and prepare plan for pretrial process, including exchange of pretrial
information with JBS' counsel; correspond with counsel for JBS re same; conduct
10/22/2014 Bernier, Michael $441.00 1.8 $245.00 research re availability of foreign witnesses through subpoena
Begin process of identifying direct and cross-examination testimony for purposes of
10/23/2014 Frost, Cable $377.00 1.3 $290.00 trial preparation
Conference with M. Bernier re agreed pre-trial deadlines, related tasks; identify and
10/23/2014 Craft, Julie $48.00 0.4 $120.00 update attorney calendars with agreed pre-trial deadlines
Assess currently filed Motions in Limine with an eye toward supplementing and adding
10/24/2014 Frost, Cable $522.00 1.8 $290.00 additional topics; confer with Mike Bernier regarding same
Prepare for upcoming meeting to discuss Division of Labor, identification of trial
witnesses and exhibits; review deposition testimony for purposes of identifying
10/27/2014 Frost, Cable $638.00 2.2 $290.00 additional topics for Motions in Limine; confer with Mike Bernier regarding same
10/27/2014 Bernier, Michael $49.00 0.2 $245.00 Prepare to draft Motions in limine
Review deposition exhibits in order to determine which exhibits might be used at trial;
10/28/2014 Frost, Cable $667.00 2.3 $290.00 review deposition testimony in order to provide context for certain exhibits
10/28/2014 Kennedy, Steve $116.00 0.4 $290.00 Trial preparation
Continue review of deposition exhibits and testimony in order to determine relevancy
of exhibits for trial; confer with Mike Bernier regarding identification of witnesses and
certain testimony to focus on; confer with Mike Bernier regarding Motions in Limine
and additional topics identified for same; continue prep for upcoming pre-trial
10/79/7014 Frost, Cable $667.00 2.3 $290.00 conference
10/29/2014 Bernier, Michael $0.00 0 $0.00 Correspond with counsel for IBS Carriers re Motion to Withdraw
Prepare for and participate in meeting with internal trial team regarding division of
labor and strategy as the pre-trial conference approaches; specific conference with
MikeBerniersegarding Motions in Liming; begin review of additional witness
10/30/2014 Frost, Cable $667.00 2.3 $290.00 testimony in order to identify KLLM's trial witnesses
10/30/2014 Kennedy, Steve $696.00 2.4 $290.00 Trial preparation
Review and analyze pretrial deadlines and order; prepare plan for completing pretrial
tasks; prepare to draft motions in limine; review and analyze order on motion for
10/30/2014 Bernier, Michael $637.00 2.6 $245.00 summary judgment and correspondence between parties and court re same
Research issue of alleged loads placed on other carriers which PPC claims resulted
from KLLM's inability to handle freight; review PDF of invoices and testimony
10/31/2014 Frost, Cable $406.00 1.4 $290.00 regarding same; confer with Mike Bernier regarding Motion in Limine regarding same
10/31/2014 Kennedy, Steve $116.00 0.4 $290.00 Trial preparation
11/2/2014 Bernier, Michael $49.00 0.2 $245.00 Draft Motions in Limine
11/3/2014 Frost, Cable $435.00 1.5 $290.00 Continue review of testimony in order to identify potential witnesses at trial
Draft and revise motions in limine; review and analyze numerous depositions for
witness designations and for motions in limine; phone conversation with counsel for
11/3/2014 Bernier, Michael $1,225.00 5 $245.00 JBS re witness designations and deposition designations
Final review of updated Motion in Limine and supporting brief to be filed; confer with
11/4/2014 Frost, Cable $261.00 0.9 $290.00 Mike Bernier regarding division of labor with regard to trial witnesses
Analyze and categorize JBS Carriers's Motion to Withdraw as Counsel (J. Hater) and
11/4/2014 Craft, Julie $24.00 0.2 $120.00 Order allowing same
Draft and revise extensive motions in limine; review and analyze several depositions
and a number of documents related to same; prepare to designate witnesses for trial
11/4/2014 Bernier, Michael $1,372.00 5.6 $245.00 to counsel for JBS
11/5/2014 Frost, Cable $377.00 1.3 $290.00 Provide suggested revisions/edits to KLLM's Motions in Limine prior to filing
Continue review of deposition testimony in order to identify witnesses to be called to
11/5/2014 Frost, Cable $754.00 2.6 $290.00 trial in order to participate in preparation of pretrial order
11/5/2014 Kennedy, Steve $116.00 0.4 $290.00 Trial preparation
Identify and prepare exhibits to KLLM's Second Motion in Limine and Memo in
Support; revisions to same to comply with FRCP; electronically submit same to Court,
all counsel; work with M. Bernier to begin preparation of designation of deposition
11/5/2014 Craft, Julie $516.00 4.3 $120.00 testimony for use at trial
Draft and revise extensive motions in limine; finalize same for filing; review and
analyze several depositions and a number of documents related to same; prepare to
designate witnesses for trial to counsel for JBS; review and analyze motions in limine
11/5/2014 Bernier, Michael $1,176.00 4.8 $245.00 filed by JBS
Complete review of testimony in order to identify KLLM's witnesses; work with Mike
11/6/2014 Frost, Cable $754.00 2.6 $290.00 Bernier to identify same; receive and review JBS designation of witnesses
11/6/2014 Frost, Cable $232.00 0.8 $290.00 Receive and begin review of JBS Motions in Limine
11/6/2014 Kennedy, Steve $116.00 0.4 $290.00 Trial preparation
Review and analyze several depositions for witness designations and deposition
designations; review and analyze JBS' witness list; review and analyze JBS' Motions in
11/6/2014 Bernier, Michael $1,666.00 6.8 $245.00 Limine
Continue review of JBS Motions in Limine; confer with Mike Bernier regarding topics
11/7/2014 Frost, Cable $232.00 0.8 $290.00 raised in same
Continued review of discovery documents, responses and deposition transcripts to
11/7/2014 Craft, Julie $180.00 1.5 $120.00 determine information about trial witnesses identified by JBS Carriers
Review and analyze JBS' Motion in Limine; prepare for responding to same; phone
11/7/2014 Bernier, Michael $784.00 3.2 $245.00 conversations with counsel for JBS re pretrial tasks; evaluate plan for completing same
11/8/2014 Bernier, Michael $147.00 0.6 $245.00 Draft Motions in Limine
Review and analyze JBS' Motions in Limine; conduct research re same; outline
11/9/2014 Bernier, Michael $490.00 2 $245.00 Response
11/10/2014 Kennedy, Steve $377.00 1.3 $290.00 Prepare for pretrial conference and trial
Work with attorneys to identify information regarding Kiersten Sommers; identify and
begin preparation of discovery response notebook for use by attorneys during trial
preparation; analyze and categorize Witness Lists exchanged by both parties; begin
preparation of witness notebooks and working copy of witness deposition
11/10/2014 Craft, Julie $600.00 5 $120.00 designations for attorneys' use
Conduct research for Response in Opposition to J135' Motion in Limine; review and
11/10/2014 Bernier, Michael $906.50 3.7 $245.00 analyze JBS' Motion in Limine and documents related to same
Review and assign witness deposition designation tasks; evaluate JBS witnesses
11/11/2014 Frost, Cable $174.00 0.6 $290.00 regarding same
Review all deposition and hearing exhibits in order to determine responsiveness and
usefulness for inclusion on trial exhibit list; confer with Mike Bernier regarding same;
review deposition exhibits from expert positions to make sure pertinent exhibits are
11/11/2014 Frost, Cable $1,392.00 4.8 $290.00 included in list
11/11/2014 Kennedy, Steve $1,247.00 4.3 $290.00 Status call with J. Richards; trial preparation
Continued preparation of discovery response notebook for use by attorneys during
trial preparation and provide same to attorneys; conference with M. Bernier, C. Frost
11/11/2014 Craft, Julie $180.00 1.5 $120.00 regarding trial exhibit designation issues, related tasks
Draft and revise Response in Opposition to JBS' Motions in Limine; review and analyze
11/11/2014 Bernier, Michael $2,254.00 9.2 $245.00 exhibits for exhibit list; prepare exhibit list
Complete initial evaluation of all documents for inclusion in exhibit list; confer with
11/12/2014 Frost, Cable $377.00 1.3 $290.00 counsel for JBS regarding identification of exhibits and deposition designations
Review and provide suggested revisions to KLLM's response to JBS's Motions in Limine;
11/12/2014 Frost, Cable $232.00 0.8 $290.00 confer with Mike Bernier regarding same
Review and highlight deposition transcripts in order to identify expected testimony at
trial; confer with Steve Kennedy and Mike Bernier regarding same; strategy meeting
11/12/2014 Frost, Cable $1,102.00 3.8 $290.00 regarding themes of case in order to shape designation of expert and fact testimony
Prepare for arguments on motions at pretrial conference and witness cross-exam for
11/12/2014 Kennedy, Steve $928.00 3.2 $290.00 trial
Continued work with attorneys to identify exhibits for trial exhibit listing; correspond
with court reporter regarding B. Saunders' deposition exhibits; continued work with
attorneys regarding deposition designations for trial; identify and prepare exhibits to
Response to Motion in Limine; finalize and submit same to Court, all counsel; update
calendar to reflect revisions to agreed pretrial task deadlines; analyze and categorize
JBS Carrier's Unopposed Motion to File Response Under Seal and related
11/12/2014 Craft, Julie $444.00 3.7 $120.00 correspondence to Judge
Draft and revise response in opposition to JBS' several motions in limine; review and
analyze many depositions for same; review and analyze voluminous documents for
same; correspond with Dr. Carl Brooking, damages expert, re trial exhibits; coordinate
preparation of exhibit list; review and analyze pending motions and prepare plan for
hearings re same and pre-trial conference; draft and revise letter to counsel for JBS re
previously unidentified witness on exhibit list; prepare for deposition designations as
11/12/2014 Bernier, Michael $2,499.00 10.2 $245.00 part of pre-trial process
11/13/2014 Frost, Cable $174.00 0.6 $290.00 Review and add additional exhibits to KLLM's exhibit list for trial
Continue identification of witness testimony through deposition designations in order
to comply with upcoming deadlines; confer with Steve Kennedy and Mike Bernier
regarding select areas of testimony; review certain deposition designations
11/13/2014 Frost, Cable $1,508.00 5.2 $290.00 performed by Mike Bernier
11/13/2014 Kennedy, Steve $261.00 0.9 $290.00 Trial preparation
11/13/2014 Williams, Andrea $552.00 4.6 $120.00 Draft and revise trial exhibit list
Conference with S. Kennedy regarding case status, pending motions and defenses
11/13/2014 Yarborough, Richar $290.00 1 $290.00 raised by JBS; suggest case strategy going forward
Analyze and categorize JBS Carrier's Response in Opposition to Second Consolidated
Motion in Limine; conference with attorneys regarding hearing notebook issues;
11/13/2014 Craft, Julie $120.00 1 $120.00 update to proposed Pretrial Order to include witness designations by both parties
Review and analyze JBS' response to motions in limine; review and analyze depositions
11/13/2014 Bernier, Michael $1,372.00 5.6 $245.00 for trial designations
Complete transcript designations for witnesses testifying by deposition; confer with
Mike. Bernier and Steve Kennedy regarding same; assist in finalization of witness and
11/14/2014 Frost, Cable $1,392.00 4.8 $290.00 exhibit list; confer with counsel for JBS regarding same
Receive and begin review of JBS's exhibit list and designated testimony; confer with
11/14/2014 Frost, Cable $319.00 1.1 $290.00 Mike Bernier regarding same and follow up work needed
Prepare for motion arguments at pretrial conference; work regarding opening
11/14/2014 Kennedy, Steve $841.00 2.9 $290.00 statements; prepare for trial witness examinations
11/14/2014 Williams, Andrea $708.00 5.9 $120.00 Draft and revise trial exhibit lists
Identify and prepare pretrial conference/hearing notebooks for attorneys; work with
team to finalize trial exhibit listing; work with team to finalize trial deposition
designations; conference with S. Kennedy regarding exhibits, depositions, pretrial
11/14/2014 Craft, Julie $552.00 4.6 $120.00 order and related tasks
Review and analyze depositions for trial designations; review and analyze exhibits for
exhibit list; prepare exhibit list; correspond with counsel for JBS re deposition
11/14/2014 Bernier, Michael $2,058.00 8.4 $245.00 designations and exhibit lists
Combine plaintiff and defendants deposition trial exhibit lists; revise KLLM's general
trial exhibit list; create separate electronic files for all referenced proposed trial
11/15/2014 Williams, Andrea $695.00 5.8 $120.00 exhibits; forward all to Mike Bernier for review
Receive and review correspondence and discovery regarding Rodrigo Horvath's
payment history and PPC's reimbursement of same; review and provide suggested
revisions to pre-trial order; continue preparation for upcoming pre-trial conference
and motion hearing; focus on Daubert Motions for KLLM and JBS; contact Dr. Carl
11/17/2014 Frost, Cable $1,682.00 5.8 $290.00 Brooking to discuss certain issues associated with his lost net margin opinion
11/17/2014 Kennedy, Steve $348.00 1.2 $290.00 Review and edit pretrial order; prepare for pretrial conference
11/17/2014 Williams, Andrea $276.00 2.3 $120.00 Prepare deposition designation and deposition exhibits notebooks for Steve Kennedy
11/17/2014 Williams, Andrea $108.00 0.9 $120.00 Revise pre-trial order
Review and analyze JBS' exhibit list; draft and revise summary of facts, stipulations and
admissions, contested statement of facts, and contested issues of law sections for
draft pre-trial order; coordinate preparation of remainder of draft pre-trial order;
phone conversation with counsel for JBS re pre-trial order; correspond with counsel
11/17/2014 Bernier, Michael $1,470.00 6 $245.00 for JBS re issues related to exhibit lists
In person prep session with Dr. Carl Brooking in preparation for Daubert Hearing;
review case law and secondary materials supporting KLLM's defense of JBS's Daubert
Motion seeking to strike Dr. Brooking's opinions; continue preparation for hearings
11/18/2014 Frost, Cable $1,972.00 6.8 $290.00 and outline
11/18/2014 Kennedy, Steve $1,247.00 4.3 $290.00 Prepare for pre-trial conference and motion arguments; work regarding trial exhibits
Create working copy of defendants exhibits for Mike Bernier; compile all documents
relating to or being used by Carl Brooking and prepare working copy for trial
preparation meeting with Carl Brooking and Cable Frost; prepare documents for pre-trial
11/18/2014 Williams, Andrea $264.00 2.2 $120.00 conference
Review defendant's Daubert briefs to compile arguments opposing motion to strike
Dr. Brooking's testimony re lost profits with a focus on argument that Dr. Brooking
failed to calculate KLLM's actual costs from Schedule A; review Mississippi and Fifth
Circuit cases cited by defendant; review additional law in support of arguments;
telephone conference with Terry Thornton re same; draft outline for arguments to
11/18/2014 Moody, Brad C. $1,189.00 4.1 $290.00 address Daubert grounds
11/18/2014 Yarborough, Richar $203.00 0.7 $290.00 Conference with S. Kennedy on issues relating to upcoming pretrial conference
11/18/2014 Craft, Julie $48.00 0.4 $120.00 Identify and prepare certain documents to pretrial meeting with expert
Draft and revise Draft Pretrial Order; meet with damages expert, Carl Brooking, in
preparation for Daubert hearing; prepare for hearing on Motions in Limine; prepare
for hearing on JBS' Motion for Partial Summary Judgment on KLLM's Lost Volume
11/18/2014 Bernier, Michael $1,666.00 6.8 $245.00 Theory; prepare for Pretrial Conference
Prepare for and participate in Daubert Hearings before Judge Wingate; return from
Daubert Hearings and begin preparation for continuation of same; contact Dr. Carl
Brooking to schedule in person prep; prepare for and participate in in-person prep
with Dr. Carl Brooking; confer with Steve Kennedy and Mike Bernier regarding strategy
to be employed in light of the Court's comments during Daubert Hearing; contact
Terry Thornton to discuss certain issues associated with KLLM's accounting; in person
11/19/2014 Frost, Cable $2,494.00 8.6 $290.00 meeting with Terry Thornton to discuss same
Attend and participate in motions hearing; post hearing work with Dr. Brooking
11/19/2014 Kennedy, Steve $1,566.00 5.4 $290.00 regarding expert opinions
11/19/2014 Kennedy, Steve $174.00 0.6 $290.00 Trial prep regarding witness Mark Norman
11/19/2014 Williams, Andrea $84.00 0.7 $120.00 Compile documents for Brent Cole and Cable Frost for trial purposes
Conference with S. Kennedy regarding outcome of pre-trial conference before Judge
Wingate and Wategy going forward regarding expert witness on damages and
11/19/2014 Yarborough, Richar $232.00 0.8 $290.00 overcoming Daubert challenges
Prepare for hearing on JBS' motion for partial summary judgment on lost volume
theory; attend pretrial conference and hearing on multiple motions; review and
analyze extensive documents related to issues from Daubert hearing of Dr. Carl
Brooking; meet with Dr. Carl Brooking and Terry Thornton in preparation for Daubert
hearing; multiple phone conversations with counsel for JBS re pretrial process and
11/19/2014 Bernier, Michael $2,254.00 9.2 $245.00 related issues
Continue preparation for upcoming Daubert Hearing concerning Dr. Carl Brooking and
Brent Saunders; request additional case law from Brent Cole regarding lost profit
damages in Mississippi; receive and review secondary source materials from Steve
Kennedy regarding experts and lost profits; contact Dr. Carl Brooking to discuss
11/20/2014 Frost, Cable $1,624.00 5.6 $290.00 particulars for Friday's in-person prep session
11/20/2014 Kennedy, Steve $1,189.00 4.1 $290.00 Trial prep; work regarding expert issues, prepare for in limine motions arguments
Conference with C. Frost regarding tasks needed for continued Daubert hearing
regarding Dr. Brooking; identify and prepare notebook of all materials relied upon by
11/20/2014 Craft, Julie $120.00 1 $120.00 Dr. Brooking
Conference with Bill Hahn re damages issue related to Daubert hearing; review and
analyze voluminous damages/costs documents related to damages issues received
from Bill Hahn; conduct research into damages issues and evidentiary burdens related
to Daubert hearing; multiple phone conversations with counsel for JBS re pretrial
order and related tasks; review and analyze deposition of Bill Hahn; prepare for
11/20/2014 Bernier, Michael $1,102.50 4.5 $245.00 Daubert hearing on Dr. Carl Brooking
Prepare for and participate in in-person prep session with Dr. Carl Brooking; revise
outline and questions to be posed for Dr. Brooking; contact various CFO's associated
with other trucking companies to confirm methodology of tracking truck costs over
entire fleet in order to support Dr. Brooking's opinion; confer with Mike Bernier
11/21/2014 Frost, Cable $1,914.00 6.6 $290.00 regarding contents of pre-trial order and disputed issues of law and fact
Status call with T. Thornton; prepare for motions hearing regarding Dr. Brooking; work
regarding witness trial examination and closing arguments; work regarding edits to
11/21/2014 Kennedy, Steve $899.00 3.1 $290.00 pretrial order
11/21/2014 Williams, Andrea $108.00 0.9 $120.00 Compile exhibits for Mike Bernier and Cable Frost for hearing purposes
Prepare Pretrial Order; prepare for hearing on Daubert Motion re Carl Brooking;
prepare for hearing on JBS' Motion for Partial Summary Judgment re Loss Volume
11/21/2014 Bernier, Michael $857.50 3.5 $245.00 Seller Theory
Prepare for upcoming Daubert Hearing for Dr. Carl Brooking and Brent Saunders;
confer with Steve Kennedy regarding outstanding remaining motions; identify and
11/23/2014 Frost, Cable $1,218.00 4.2 $290.00 assemble exhibits necessary for Daubert Hearing
Prep for in liminie arguments and Dr. Brooking exam, prepare voir dire and openingg
11/23/2014 Kennedy, Steve $1,189.00 4.1 $290.00 far trial; work regarding pre-trial order
11/23/2014 Bernier, Michael $784.00 3.2 $245.00 Prepare for hearing JBS' Motion for Partial Summary Judgment on Lost Volume Theory
Prepare for and participate in Daubert Hearing with Dr. Carl Brooking regarding KLLM's
11/24/2014 Frost, Cable $2,842.00 9.8 $290.00 loss net margin claims; post hearing debrief with Dr. Brooking
Attend and participate in Daubert hearings and pretrial conference with Judge
11/24/2014 Kennedy, Steve $2,436.00 8.4 $290.00 Wingate; status call with clients
Prepare for hearing on Motion for Partial Summary Judgment, Daubert Motions,
Motions in Limine, and Pretrial Conference; attend hearing on JBS' Daubert Motion
11/24/2014 Bernier, Michael $2,401.00 9.8 $245.00 and related issues; attend and participate in same
Continue preparations for upcoming trial; meeting with Steve Kennedy and Mike
Bernier to divide witnesses; begin work on counter designations and evaluations of
11/25/2014 Frost, Cable $1,624.00 5.6 $290.00 exhibits
Trial preparation regarding witness exams, opening and closing arguments and voir
11/25/2014 Kennedy, Steve $1,421.00 4.9 $290.00 dire
11/25/2014 Craft, Julie $60.00 0.5 $120.00 Work with Mike Bernier regarding deposition designations and objections
Review and analyze JBS' deposition designations for deposition counter designations;
multiple phone conversations and correspondence to and from counsel for JBS re
deposition designations, various pretrial issues, and various witness issues; analyzeand
prepare plan for deposition objections and exhibit objections; analyze and prepare
11/25/2014 Bernier, Michael $514.50 2.1 $245.00 plan for order of witnesses at trial and identity of witnesses to call in case in chief
Continue work on counter-designation of testimony and evaluation of exhibits; begin
preparations to draft direct and cross-examination outlines;' confer with Brad Moody
regarding help needed in objecting to certain exhibits; confer with Mike Bernier
11/26/2014 Frost, Cable $1,392.00 4.8 $290.00 regarding requests of JBS with regard to availability of witnesses
Begin analysis of KLLM's loss net margin claims [REDACTED\];
draft email to Dr. Carl Brooking
11/26/2014 Frost, Cable $638.00 2.2 $290.00 regarding same
11/26/2014 Williams, Andrea $336.00 2.8 $120.00 Prepare deposition designations for Cable Frost and Brad Moody
Phone conversation with JBS' counsel re pretrial tasks; prepare deposition
counter designations; prepare for objections to JBS' exhibits and deposition
11/26/2014 Bernier, Michael $833.00 3.4 $245.00 designations
Continue trial preparation including drafting of direct and cross-examination outlines;
11/28/2014 Frost, Cable $1,624.00 5.6 $290.00 begin analysis of potential cross examination topics for KLLM's witnesses
11/28/2014 Kennedy, Steve $551.00 1.9 $290.00 Trial preparation regarding Clay Matthews cross-exam and J. Richards direct
Review deposition of Lee Blackmon designated by JBS Carriers and lodge objections to
11/28/2014 Moody, Brad C. $435.00 1.5 $290.00 same
Review deposition of Rodrigo Horvath designated by JBS Carriers and lodge objections
11/28/2014 Moody, Brad C. $522.00 1.8 $290.00 to same
Review deposition of Monty Epps designated by JBS Carriers and lodge objections to
11/28/2014 Moody, Brad C. $551.00 1.9 $290.00 same
Review deposition of Duane Stalcup designated by JBS Carriers and lodge objections to
11/28/2014 Moody, Brad C. $406.00 1.4 $290.00 same
11/29/2014 Frost, Cable $986.00 3.4 $290.00 Complete deposition counter designations; transmit same to KLLM team
Review deposition of Bill Lovette designated by JBS Carriers and lodge objections to
11/29/2014 Moody, Brad C. $377.00 1.3 $290.00 same
Review deposition of Nick Bair designated by JBS Carriers and lodge objections to
11/29/2014 Moody, Brad C. $464.00 1.6 $290.00 same
Review deposition of Jayson Penn designated by JBS Carriers and lodge objections to
11/29/2014 Moody, Brad C. $232.00 0.8 $290.00 same
11/29/2014 Bernier, Michael $367.50 1.5 $245.00 Counterdesignate deposition of Duane Stalcup
Complete evaluation and drafting of direct examination outline for Bill Hahn as well as
11/30/2014 Frost, Cable $1,102.00 3.8 $290.00 potential cross-examination topic lists
11/30/2014 Kennedy, Steve $899.00 3.1 $290.00 Trial preparation regarding S. Hall, M. Epps, B. Woods and C. Matthews trial exams
11/30/2014 Bernier, Michael $416.50 1.7 $245.00 Counterdesignate deposition of Monty Epps
Confer with Terry Thornton, Bill Hahn and Carl Brooking regarding trial preparation;
conference call with counsel for JBS to discuss cross-examination of witnesses; receive
and review JBS's objections to exhibits and testimony; review KLLM's objections to
exhibits and testimony; begin draft of Terry Thornton's direct examination outline as
12/1/2014 Frost, Cable $2,262.00 7.8 $290.00 well as ideas for potential cross-examination; continue trial preparation
12/1/2014 Kennedy, Steve $1,479.00 5.1 $290.00 Trial preparation; telephone call with defendant's attorney regarding trial issues
12/1/2014 Moody, Brad C. $58.00 0.2 $290.00 Call to court administrator re exhibits
12/1/2014 Moody, Brad C. $522.00 1.8 $290.00 Analyze other documents listed as exhibits by JBS and lodge objections to same
12/1/2014 Moody, Brad C. $319.00 1.1 $290.00 Draft/revise pleading containing objections to depositions and exhibits
12/1/2014 Moody, Brad C. $812.00 2.8 $290.00 Analyze emails identified as exhibits by JBS and identify objections to same
12/1/2014 Moody, Brad C. $116.00 0.4 $290.00 Review motions in limine to prepare to lodge objections to exhibits
Conference with M. Bernier re upcoming deadlines, need to obtain hearing transcript
12/1/2014 Craft, Julie $0.00 0 $0.00 and work related to Dr. Booking testimony
Review and analyze deposition transcripts for making counter-designations for trial;
review an analyze exhibits for objections to JBS' exhibits; prepare jury instructions for
trial; correspond with KLLM witnesses regarding trial; analyze and evaluate trial
12/1/2014 Bernier, Michael $1,176.00 4.8 $245.00 strategy regarding witness examinations
Receive and review rough draft of Daubert transcript; receive and review
correspondence from Court regarding continued Daubert hearing; conference call with
Dr. Carl Brooking to discuss same; review Dr. Brooking's deposition to identify portions
of testimony he relies on for purposes of Terry Thornton and Bill Hahn; confer with
Mike Bernier regarding trial strategy, objections to exhibits and deposition testimony;
additional call with counsel for JBS to discuss cross-examination of witnesses; continue
12/2/2014 Frost, Cable $2,204.00 7.6 $290.00 drafting of Terry Thornton direct
Trial preparation including client updates; preparation of witness direct exams and C.
12/2/2014 Kennedy, Steve $1,363.00 4.7 $290.00 Matthews cross-exam and opening statement
Receive and review correspondence from Court, receive and review defendant's
exhibit objections, status call with J. Richards, telephone call with defendant's counsel
12/2/2014 Kennedy, Steve $319.00 1.1 $290.00 regarding Court's next hearing date and trial issues
Prepare documents for Cable Frost relating to Carl Brooking's daubert hearing and
12/2/2014 Williams, Andrea $96.00 0.8 $120.00 various profit damages spreadsheets
Conference with S. Kennedy regarding case developments and strategy receding,
12/2/2014 Yarborough, Richer $0.00 0 $0.00 upcoming trial
Communicate with Judge Wingate's Court Reporter to request copy of Daubert motion
hearing transcript; continued work to prepare for Daubert hearing and trial
12/2/2014 Craft, Julie $720.00 6 $120.00 preparation of objections to exhibits
Prepare counter-designation to JBS' deposition designations; prepare objections to
JBS' exhibit lists; extensive telephone conversation with Blue Keene, industry expert,
regarding opinions, his testimony, and the upcoming trial; conduct research regarding
propriety of lay testimony for damages; conduct research and analyze evidentiary
issues related to prospective testimony and exhibits; correspond with counsel for JBS
regarding deposition designations and exhibit lists; prepare outline for direct
12/2/2014 Bernier, Michael $1,347.50 5.5 $245.00 examination of Monty Epps
Conference call with Dr. Carl Brooking to prepare for upcoming Daubert hearing and
trial testimony; review information provided by Dr. Brooking regarding witnesses
relied upon to support opinions; conference call with Terry Thornton to go over initial
draft of trial direct testimony; assemble and transmit certain materials to Mr.
Thornton for review; confer with Mike Bernier regarding Blue Keene; receive and
review proposed witness stipulation from counsel for JBS regarding cross-examination;
receive and review numerous pieces of correspondence from court and parties
regarding Daubert hearing and trial date; based on initial prep session with Terry
Thornton; substantially revised direct examination and cross-examination topics;
review exhibits to be used with Terry Thornton and incorporate into direct
12/3/2014 Frost, Cable $3,799.00 13.1 $290.00 examination outline
Trial preparation regarding exam of J. Richards, cross of Clay Matthews and voir dire
12/3/2014 Kennedy, Steve $1,711.00 5.9 $290.00 and closing argument
12/3/2014 Williams, Andrea $0.00 0 $0.00 Update Steve Kennedy's trial exhibit notebook to contain all deposition trial exhibits
12/3/2014 Moody, Brad C. $0.00 0 $0.00 Review law to prepare to draft jury instructions
12/3/2014 Moody, Brad C. $0.00 0 $0.00 Begin drafting jury instructions for compensatory phase of trial
Teleconference with Court Clerk regarding today's meeting, rescheduling same;
conference with attorneys regarding continued Daubert/Motion hearing issues,
12/3/2014 Craft, Julie $300.00 2.5 $120.00 potential trial start delay
Extensive telephone conversation with Monty Epps in preparation for trial; conduct
research and analyze evidentiary issues related to prospective testimony and exhibits;
correspond with counsel for JBS regarding deposition designations and exhibit lists;
prepare outline for direct examination of Monty Epps; prepare outline for direct
examination of Blue Keene; prepare outline for direct examination of Brandon Woods;
designate depositions of David Hopwood and Amy Weichel; perform various tasks in
12/3/2014 Bernier, Michael $1,837.50 7.5 $245.00 preparation for trial
Follow up correspondence with counsel for JBS regarding witness stipulation; review
stipulation regarding counsel and witnesses referencing of JBS entities; conference call
with Bill Hahn to discuss his direct examination and documents needed for same;
revise direct examination of Bill Hahn to incorporation prep session materials and
thoughts; confer with Dr. Carl Brooking regarding same; in person preparation with Dr.
Carl Brooking for Daubert and trial; receive and review jury instructions; prepare for
prep session for Terry Thornton and Jim Richards; confer with Mike Bernier regarding
additional deposition designations to be made b KLLM; review correspondence and
documents transmitted by counsel for JBS regarding same; confer with Steve Kennedy
12/4/2014 Frost, Cable $4,147.00 14.3 $290.00 regarding contents o opening
Draft correspondence to defendant's counsel, L. Robinson in response to multiple
pieces of correspondence from him; trial preparation regarding cross-examination of
12/4/2014 Kennedy, Steve $1,102.00 3.8 $290.00 defendant's witnesses, your dire and opening
Receive and review correspondence from Ms. Summers regarding December 8
hearing, status call with client regarding same and trial preparation; work regarding
12/4/2014 Kennedy, Steve $319.00 1.1 $290.00 jury instructions, telephone call with defense counsel regarding trial witnesses
12/4/2014 Williams, Andrea $0.00 0 $0.00 Assist Mike Bernier with trial exhibits and hearing preparation
Begin analyzing and outlining voluminous transcript of deposition of Mark Norman to
12/4/2014 Moody, Brad C. $1,073.00 3.7 $290.00 prepare to draft cross examination outline
12/4/2014 Moody, Brad C. $1,102.00 3.8 $290.00 Continue drafting jury instructions for compensatory phase of trial
Correspond with Twana Summers, Clerk to Judge Wingate, regarding meeting, exhibits
and technology issues; continued trial preparation; travel to court house and meet
12/4/2014 Craft, Julie $708.00 5.9 $120.00 with T. Summers regarding trial issues; report findings to attorneys
Prepare outline of direct examination of Brandon Woods; conduct extensive phone
prep session with Brandon Woods; prepare objections to JBS' exhibits; prepare
objections to JBS' deposition designations; review and analyze voluminous documents
and extensive deposition testimony in relation to witness preparation; prepare portion
of outline of direct examination of Jim Richards; conduct various tasks associated with
12/4/2014 Bernier, Michael $2,572.50 10.5 $245.00 preparation for trial
Continue preparation for Monday's Daubert hearing; prep session with Carl Brooking
regarding same; prepare for and participate in prep sessions of Jim Richards and Terry
Thornton; confer with Brad Moody regarding Mark Norman cross; receive and review
research regarding using lay testimony of Terry Thornton to sponsor KLLM's loss net
margin damages; confer with Mike Bernier regarding same; receive and review new
exhibits from JBS for inclusion on exhibit list; confer with Mike Bernier regarding
objections to same; draft damages portion of opening argument for Steve Kennedy;
12/5/2014 Frost, Cable $2,552.00 8.8 $290.00 confer with Steve Kennedy regarding trial themes and preparation
Trial preparation meeting with J. Richards, work regarding opening and voir dire, work
regarding C. Matthews cross for trial; work regarding exhibits for trial; receive and
12/5/2014 Kennedy, Steve $2,349.00 8.1 $290.00 review correspondence from Court, telephone call with JBS attorney
Assist Cable Frost and Mike Bernier with trial and hearing preparation by revising
12/5/2014 Williams, Andrea $396.00 3.3 $120.00 exhibits lists, preparing documents for direct examinations
Review JBS Carriers' counter designations of Bartek, Crisler, White, Cole, Chapmon,
Layette, Horvath, Gooch and Blackmon and identify any additional testimony that
12/5/2014 Moody, Brad C. $754.00 2.6 $290.00 needs to be designated to contextualize witnesses' testimony
12/5/2014 Moody, Brad C. $928.00 3.2 $290.00 Continue reviewing and outlining transcript of deposition of Mark Norman
12/5/2014 Moody, Brad C. $1489.00 4.1 $290.00 Begin drafting cross examination outline for Mark Norman
Continued preparation for continuation of Daubert hearing and trial, including
preparation of exhibits, witness preparation and identifying necessary documents;
finalize Objections to Depositions and submit same to Court, all counsel; analyze and
categorize JBS Carriers's Objections to Deposition Designations, Counter Designations;
participate in teleconference with opposing counsel re trial exhibits; analyze and
12/5/2014 Craft, Julie $1,140.00 9.5 $120.00 categorize Agreed Order Regarding First Issue in Defendant's Motion in Limine
Prepare for prep phone call with Blue Keene, industry expert; conduct prep phone call
with Blue Keene; draft and revise objections to JBS' deposition designations; prepare
outline for direct examination of Brandon Woods; review and analyze
documentsrelated to same; review and analyze documents in connection with
opening statement; conduct research re use of lay witness testimony for lost profit
damages; draft and revise outline for direct examination of Monty Epps; conduct
extensive phone prepsession with Monty Epps; phone conversation with counsel for
JBS Carriers re trial exhibits; draft and revise supplemental objections to designations
of JBS; make counter designations to deposition designations of JBS and serve same
12/5/2014 Bernier, Michael $2,499.00 10.2 $245.00 on JBS; coordinate preparation of trial exhibits and exhibit list
Review deposition transcripts and exhibits of Scott Hall in order to prepare cross-examination;
confer with Brad Moody regarding demeanor of Mr. Hall and Mark
IOWA; begin preparations for cross of Mark Norman; review exhibits in order to
deterrninewhich ones to incorporate into cross examination outlines for Scott Hall and
Mark Norman; conferences with Mike Bernier and Steve Kennedy regarding opening'
12/6/2014 Frost, Cable $2,697.00 9.3 $290.00 argument themes; order of witness and other trial strategy
Work regarding order of proof and exhibits; work regarding opening and exhibits for
same; work regarding cross of C. Matthews and re: M. Epps exam; review S. Hall
12/6/2014 Kennedy, Steve $2,204.00 7.6 $290.00 deposition for trial
12/6/2014 Moody, Brad C. $928.00 3.2 $290.00 Review trial exhibits to identify key documents for cross examination of Mark Norman
12/6/2014 Moody, Brad C. $464.00 1.6 $290.00 Draft/revise punitive damages jury instructions
12/6/2014 Moody, Brad C. $1,073.00 3.7 $290.00 Continue drafting and revising cross examination outline for Mark Norman
Continued preparation for Daubert/Motion hearing and Trial, including work on
12/6/2014 Craft, Julie $960.00 8 $120.00 exhibits, opening statement presentation, etc.
Prepare outline for direct examination of Brandon Woods; review documents and
deposition testimony related to same; prepare outline for direct examination of
Monty Epps; review documents and deposition testimony; conduct research re
evidentiary objections of JBS; review and analyze designated depositions and prepare
plan for deposition testimony at trial; coordinate preparation of documents for trial;
review and analyze documents and deposition testimony in preparation for trial;
12/6/2014 Bernier, Michael $1,935.50 7.9 $245.00 conduct various other tasks in preparation for trial
Prepare for Daubert Hearing with Dr. Carl Brooking; continue trial preparations
including completion of initial draft of cross-examination outline for Scott Hall; confer
12/7/2014 Frost, Cable $1,972.00 6.8 $290.00 with Brad Moody regarding Mark Norman
Work on jury instructions, work on closing argument; review Todd Gooch testimony
and work regarding order of proof and trial exhibits; prepare for motion hearing on
12/7/2014 Kennedy, Steve $2,059 00 7.1 $290.00 JBS' Motions in Limine
12/7/2014 Moody, Brad C. $1,334.00 4.6 $290.00 Continue drafting and revising cross examination outline for Mark Norman
Continued preparation for hearing and trial, including work on opening statement and
12/7/2014 Craft, Julie $540.00 4.5 $120.00 trial exhibits
Prepare outline for direct examination of Brandon Woods; review documents and
deposition testimony related to same; prepare outline for direct examination of
Monty Epps; review documents and deposition testimony related to same; conduct
research re evidentiary objections of JBS; conduct various other tasks in preparation
for trial; prepare for hearing on JBS' Motion for Partial Summary Judgment on Lost
Volume Seller Theory; review and analyze JBS' objections to exhibits and prepare for
12/7/2014 Bernier, Michael $2,205.00 9 $245.00 oral argument re same
Prep session with Dr. Carl Brooking in anticipation of Daubert Hearing; prepare for oral
argument before Judge Wingate regarding Daubert issues for Brooking and Saunders;
prepare for conference before Judge; continue work on cross-examination outline and
12/8/2014 Frost, Cable $3,132.00 10.8 $290.00 portions of opening
Attend and participate in motions hearing and pre-trial conference discussion with
12/8/2014 Kennedy, Steve $2,291.00 7.9 $290.00 Court
Research issues re satellite tracking data to answer questions posed by trial court at
12/8/2014 Moody, Brad C. $116.00 0.4 $290.00 hearing
Conference with S. Kennedy regarding strategy on hearing scheduled before Judge
Wingate; various follow-up communications with S. Kennedy regarding court hearing
12/8/2014 Yarborough, Richar $0.00 0 $0.00 and trial setting
Prepare additional documents for today's Daubert/Motion Hearing; continued trial
12/8/2014 Craft, Julie $1,044.00 8.7 $120.00 preparation
Prepare for hearing on JBS' Motion for Partial Summary Judgment re Lost Volume
Seller Theory, Daubert Motions, Motions in Limine; prepare for oral argument on
12/8/2014 Bernier, Michael $2,229.50 9.1 $245.00 objections to deposition designations and trial exhibits; attend hearing
Confer with witnesses regarding rescheduling of trial; confer with Julie Craft regarding
tasks to be completed prior to suspending trial prep; confer with Brad Moody
regarding cross-examination of Mark Norman; review certain exhibits with regard to
12/9/2014 Frost, Cable 51,334.00 4.6 $290.00 objections and challenges associated with admitting into evidence
12/9/2014 Kennedy, Steve $0.00 0 $0.00 Additional work regarding opening statement for trial
Conference with S. Kennedy regarding results of court hearing and re-setting of case
12/9/2014 Yarborough, Richar $0.00 0 $0.00 for trial by Judge Wingate
Analyze and process Defendant's Trial Exhibits (marked); conference with M. Bernier
12/9/2014 Craft, Julie $60.00 0.5 $120.00 re outcome of yesterday's hearing and trial status
Receive draft of Norman cross-examination outline; begin work revising same and
incorporating exhibits; begin revision of Scott Hall cross-examination outline and
12/10/2014 Frost, Cable $1,479.00 5.1 $290.00 incorporation of exhibits; confer with Mike Bernier regarding same
Receive and review correspondence from Steve Kennedy
[REDACTED\]; draft response to
12/11/2014 Frost, Cable $0.00 0 $0.00 same; confer with Mike Bernier
Examine deposition of Clay Matthews and Scott Hall
[REDACTED\] begin analysis of Terry Thornton's loss profit
12/11/2014 Frost, Cable $1,392.00 4.8 $290.00 damages figures and deposition testimony regarding same
12/11/2014 Kennedy, Steve $116.00 0.4 $290.00 Telephone call with defendant's attorney regarding trial exhibits
12/11/2014 Bernier, Michael $24.50 0.1 $245.00 Review and analyze correspondence from counsel for JBS re damages issue
Continue analysis of Terry Thornton's lost net margin damages; confer with Carl
Brooking regarding same examine historical correspondence between the parties
12/17/2014 Frost, Cable $812.00 2.8 $290.00 regarding Dr. Brooking's damages calculations and amendment of Rule 26 Disclosure
12/15/2014 Frost, Cable $986.00 3.4 $290.00 Continue work on witness outlines and exhibits to be used at trial
Telephonic conference with Dr. Brooking to discuss status of case and Daubert
transcript; receive and review article from Terry Thornton regarding costs falling in
12/16/2014 Frost, Cable $1,073.00 3.7 $290.00 2012; continue work on witness outlines and exhibits
2/16/2014 Williams, Andrea $144.00 1.2 $120.00 Prepare cross examination notebooks for Cable Frost for Scott Hall and Mark Norman
Communicate with Court Reporter to check status of obtaining 12/8 Daubert hearing
12/16/2014 Craft, Julie $12.00 0.1 $120.00 transcript
Examine proposed jury instructions; review Terry Thornton's deposition for more
detail regarding questioning concerning "damages" calculations; compare Terry
Thornton's damages calculations to information contained in KLLM's proposal to PPC;
12/17/2014 Frost, Cable $1,044.00 3.6 $290.00 review Bill Hahn's deposition regarding cost submitted to PPC
Continue work on witness outlines and exhibits to be used; gather analysis of JBS's
economist opinions with an eye towards cross-examination at trial; confer with Carl
12/18/2014 Frost, Cable $1,218.00 4.2 $290.00 Brooking regarding same
Examine exhibits and hot documents associated with witnesses identified by JBS;
continue work on direct and cross-examination outlines and exhibits to be used for
12/19/2014 Frost, Cable $986.00 3.4 $290.00 same
Review and analyze documents relevant to prospective lay witness testimony for
12/19/2014 Bernier, Michael $122.50 0.5 $245.00 establishing damages
Conference call with Dr. Carl Brooking regarding progress of case and determination
12/29/2014 Frost, Cable $232.00 0.8 $290.00 from Court regarding Daubert Hearing
Begin analysis of additional exhibits to use for cross-examinations of Mark Norman
1/2/2015 Frost, Cable $464.00 1.6 $290.00 and Scott Hall
1/4/2015 Bernier, Michael $0.00 0 $0.00 Prepare plan for rescheduling trial
Review Daubert transcripts for information to consider when preparing Terry
Thornton for his damages opinions; confer with Mike Bernier regarding rescheduling
of trial date; begin work on Mark Norman's cross-examination outline and documents
1/5/2015 Frost, Cable $638.00 2.2 $290.00 to be used for same
1/7/2015 Frost, Cable $522.00 1.8 $290.00 Continue work on outline and documents to use with Mark Norman
Review correspondence and calculations of Terry Thornton regarding loss-profit
damages; begin review of power point opening in order to identify exhibits to be
1/8/2015 Frost, Cable $638.00 2.2 $290.00 incorporated into witness outlines
Review certain exhibits identified by JBS in order to incorporate into witness
1/9/2015 Frost, Cable $522.00 1.8 $290.00 examinations
1/9/2015 Bernier, Michael $0.00 0 $0.00 Correspond with witnesses re trial scheduling
Examine documents to be used with Sill Hahn in order to better understand numbers
used for pricing proposal and calculation of damages in case; confer with Dr. Brooking
regarding questions concerning certain numbers used in loss profits calculations; begin
1/12/2015 Frost, Cable $783.00 2.7 $290.00 revisions and analysis of Mark Norman trial outline
1/12/2015 Bernier, Michael $24.50 0.1 $245.00 Communicate with witnesses re potential trial date
Review Mark Norman's deposition and exhibits in order to supplement cross-examination
outline; compare certain portions of Mark Norman's deposition
1/13/2015 Frost, Cable $696.00 2.4 $290.00 testimony to Scott Hall's regarding same topics
Examine Clay Matthew's and Lee Blackmon's depositions in order to determine
whether conflicting testimony exists with that of Scott Hall regarding JBS' interaction
1/14/2015 Frost, Cable $667.00 2.3 $290.00 and solicitation of business from Pilgrim's Pride
1/14/2015 Bernier, Michael $24.50 0.1 $245.00 Confer with counsel for JBS re trial scheduling
Review deposition testimony of Jim Richards and Todd Gooch regarding KLLM's
1/15/2015 Frost, Cable $493.00 1.7 $290.00 concern regarding JBS's entry into hauling for PPC
1/15/2015 Bernier, Michael $73.50 0.3 $245.00 Phone conversations with counsel for JBS re trial schedule
Review Terry Thornton's deposition regarding questions concerning damages
calculation; review correspondence between counsel regarding alliance on Dr.
Brooking's opinions versus those of Mr. Thornton; evaluate Mr. Thornton's theory of
1/16/2015 Frost, Cable $0.00 0 $0.00 damages based on lost drivers
1/20/2015 Bernier, Michael $49.00 0.2 $245.00 Phone conversation with Court Clerk re trial dates
Confer with Mike Bernier regarding new trial setting; confer with Dr. Carl Brooking
regarding status of case; work on Mark Norman deposition and cross-examination
1/21/2015 Frost, Cable $754.00 2.6 $290.00 outline
Examine Mark Norman and Scott Hall depositions in order to reconcile inconsistencies
1/22/2015 Frost, Cable $377.00 1.3 $290.00 with regard to JBS Carriers solicitation and relationship with Pilgrim's Pride
Review Daubert transcripts for Court's commentary on idle truck analysis in order to
1/23/2015 Frost, Cable $406.00 1.4 $290.00 incorporate into Dr. Brooking's direct outline
1/23/2015 Bernier, Michael $0.00 0 $0.00 Correspond with counsel for JBS re trial schedule
Compare Scott Hall's testimony regarding JBS Carriers' solicitation of business from
1/26/2015 Frost, Cable $406.00 1.4 $290.00 PPC with regard to dedicated routes to that of Clay Matthews and Lee Blackmon
Phone conversation with court re trial dates; correspond with court re status of
pending motions and availability for trial; correspond with Bill Hahn re prospective
1/26/2015 Bernier, Michael $147.00 0.6 $245.00 trial dates
Receive and review documents regarding KLLM's cancellation of transportation
agreement; forward to MikeW order to discuss ramifications of sari
compare cancellation to timing of settlement discussions with Rodrigo Horvath and
1/29/2015 Frost, Cable $232.00 0.8 $290.00 cancellation of dedicated services agreement
Correspond with witnesses and other counsel regarding trial dates; review and analyze
1/29/2015 Bernier, Michael $73.50 0.3 $245.00 correspondence related to termination of services with JBS
Continue work on cross-examination outlines in documents to be used in support;
2/2/2015 Frost, Cable $754.00 2.6 $290.00 confer with Mike Bernier regarding trial setting; update call with Dr. Brooking
Examine testimony and documents of Bill Hahn in order to support certain portions of
2/3/2015 Frost, Cable $319.00 1.1 $290.00 damages claimed by KLLM
2/3/2015 Bernier, Michael $24.50 0.1 $245.00 Correspond with other counsel re scheduling of trial
Continue review of exhibits to Bill Hahn's deposition and other historical documents in
order to support damages claim by KLLM; review documents showing negotiation of
rates in Schedule A and ultimate agreement on pricing as contained in final version of
2/4/2015 Frost, Cable $493.00 1.7 $290.00 Schedule A
Compare Terry Thornton's damages calculations and work sheets to numbers used by
Bill Hahn in formulating Schedule A pricing; review testimony of Dr. Carl Brooking
2/5/2015 Frost, Cable $493.00 1.7 $290.00 regarding same
Complete review of Dr. Brooking's testimony concerning pricing of Schedule A; review
notes and discussion points regarding same; adjust direct outline of Terry Thornton
2/6/2015 Frost, Cable $435.00 1.5 $290.00 regarding same
Phone conversation with counsel for JBS re status conference and current status of
2/9/2015 Bernier, Michael $24.50 0.1 $245.00 scheduling issues; evaluate appropriate response to same
Review of exhibits identified by JBS intended to be used at trial; confer with Mike
Bernier regarding same; review portions of Daubert transcript in order to assess
2/10/2015 Frost, Cable $667.00 2.3 $290.00 admissibility and use of certain exhibits at trial
2/10/2015 Bernier, Michael $0.00 0 $0.00 Correspond with counsel for JBS re trial schedule and with Steve Kennedy re same
Begin incorporation of certain exhibits into cross-examination of Scott Hall in order to
address pricing issues associated with Schedule A; review deposition of Bill Hahn
2/11/2015 Frost, Cable $696.00 2.4 $290.00 regarding same; tweak certain portions of Bill Hahn's direct testimony
2/11/2015 Bernier, Michael $0.00 0 $0.00 Evaluate best course of action re status conference with District Judge
Review depositions of Jim Richards and Terry Thornton regarding Fleet requirements
and capabilities; review notes from conversation with Bill Hahn [REDACTED\]
2/12/2015 Frost, Cable $551.00 1.9 $290.00 confer with Dr. Brooking regarding same
2/12/2015 Bernier, Michael $73.50 0.3 $245.00 Review and analyze exhibits to previous hearings filed by Court
2/13/2015 Frost, Cable $377.00 1.3 $290.00 Begin work on timeline/chart detailing relationships between parties and key dates
Review Motions in Limine and other briefing regarding "motive" as it relates to KLLM's
theme of its case and information it wishes to introduce into evidence at trial; revise
Bill Hahn's direct examination outline to reflect certain things regarding KLLM's desires
2/16/2015 Frost, Cable $638.00 2.2 $290.00 and goals in negotiating and obtaining the schedule A work
2/16/2015 Bernier, Michael $49.00 0.2 $245.00 Speak with counsel for JBS re Motion for Status Conference
Review and revise Motion for Status Conference; confer with Mike Bernier regarding;
2/17/2015 Frost, Cable $174.00 0.6 $290.00 same
2/17/2015 Frost, Cable $406.00 1.4 $290.00 Revise and incorporate exhibits into Bill Hahn's direct examination outline
Correspond with other counsel re motion for status conference; propose revisions to
draft motion for status conference received from counsel for JBS; finalize same for
2/17/2015 Bernier, Michael $220.50 0.9 $245.00 filing
2/18/2015 Frost, Cable $464.00 1.6 $290.00 Continue review of exhibits offered by JBS far admission into evidence
Analyze and categorize Joint Motion for Telephonic Status Conference Before Judge
2/18/2015 Craft, Julie $0.00 0 $0.00 Wingate
Continue work on cross-examination outline for Mark Norman including
2/19/2015 Frost, Cable $812.00 2.8 $290.00 determination of exhibits to use with examination
Examine deposition designations of JBS in order to assess necessity of star witnesses
for KLLM; evaluate testimony of Scott Hall and Clay Matthews for inclusion in KLLM
2/25/2015 Frost, Cable $696.00 2.4 $290.00 case-in-chief
Review witness outlines for trial examinations and prepare plan for revising same;
2/25/2015 Bernier, Michael $0.00 0 $0.00 check on status of prospective status conference with court
Review and analyze direct examination outlines for Montie Epps and Brandon Woods
2/26/2015 Bernier, Michael $147.00 0.6 $245.00 and revise same
Phone conversations with counsel for JBS re trial scheduling and pending Motion for
2/27/2015 Bernier, Michael $196.00 0.8 $245.00 Status Conference; evaluate and prepare pretrial plan
2/28/2015 Bernier, Michael $0.00 0 $0.00 Correspond with industry expert, Blue Keene, re trial date
Begin work on demonstrative exhibit demonstrating relationship between parties and
3/2/2015 Frost, Cable $319.00 1.1 $290.00 timeline for key events
3/2/2015 Bernier, Michael $0.00 0 $0.00 Correspond with industry expert, Blue Keene, re trial scheduling
Continue analysis of relationships and timeline for key events; review testimony of
3/12/2015 Frost, Cable $232.00 0.8 $290.00 Clay Matthews in order to supplement same
3/18/2015 Bernier, Michael $0.00 0 $0.00 Conduct research re developments in law for modification of contract
4/10/2015 Bernier, Michael $49.00 0.2 $245.00 Review and analyze Order on pending procedural motions
Conference call with JBS attorney regarding potential trial dates and status of rulings
5/27/2015 Kennedy, Steve $174.00 0.6 $290.00 on pending motions
5/27/2015 Kennedy, Steve $0.00 0 $0.00 Receive and review correspondence regarding potential trial dates
Review correspondence from court re trial dates and confer with other counsel re
5/27/2015 Bernier, Michael $73.50 0.3 $245.00 same
Confer with Steve Kennedy regarding trial dates and communications from Court
regarding same; coordinate with Mike Bernier regarding witness availability; review
outstanding motions and tasks to be performed prior to trial; provide input with
5/29/2015 Frost, Cable $406.00 1.4 $290.00 regard to trial dates
5/31/2015 Bernier, Michael $0.00 0 $0.00 Correspond with other counsel re trial dates
Confer with parties and witnesses regarding trial availability; confer with opposing
6/1/2015 Frost, Cable $232.00 0.8 $290.00 counsel regarding same
6/1/2015 Kennedy, Steve $87.00 0.3 $290.00 Confer with JBS attorney regarding trial dates and requests for court rulings
6/1/2015 Bernier, Michael $0.00 0 $0.00 Correspond with witnesses and other counsel re trial dates
Conference call with Lyle Robinson to discuss correspondence to Court; confer with
6/8/2015 Frost, Cable $174.00 0.6 $290.00 KLLM witnesses regarding availability
6/8/2015 Kennedy, Steve $58.00 0.2 $290.00 Update with JBS attorney regarding trial date and witness availability
6/9/2015 Bernier, Michael $122.50 0.5 $245.00 Draft letter to Court Administrator re trial dates
Draft proposed language for communication to Court suggesting trial dates and
6/10/2015 Frost, Cable $232.00 0.8 $290.00 requesting ruling on outstanding motions
6/10/2015 Craft, Julie $0.00 0 $0.00 Identify pending motions and provide same to M. Bernier
6/10/2015 Bernier, Michael $0.00 0 $0.00 Correspond with industry expert re trial dates
Provide suggested revisions/edits to correspondence to Court informing Court of
counsel's availability for trial and requesting status conference to discuss the Court's
6/12/2015 Frost, Cable $261.00 0.9 $290.00 timetable for ruling on outstanding motions
Communicate with witnesses regarding trial availability and preparation; revise
correspondence to Court concerning trial date and witness availability; conference call
6/15/2015 Frost, Cables $319.00 1.1 $290.00 with counsel for JBS regarding same
6/15/2015 Bernier, Michael $24.50 0.1 $245.00 Correspond with other counsel re trial
Conference with counsel for JBS concerning availability for trial; revise correspondence
to Court regarding same; check with KLLM's witnesses to confirm availability; confer
6/17/2015 Frost, Cable $232.00 0.8 $290.00 with Mike Bernier regarding outstanding motions
6/17/2015 Bernier, Michael $0.00 0 $0.00 Revise joint letter to court and send same to counsel for JBS
Follow up conference call with counsel for JBS regarding trial dates and witness
availability; provide requested information to court concerning trial dates and
witnesses; confer with Mike Bernier regarding certain witness availability and
6/19/2015 Frost, Cable $319.00 1.1 $290.00 outstanding motions
6/19/2015 Bernier, Michael $0.00 0 $0.00 Revise letter to Court and send same
6/24/2015 Bernier, Michael $49.00 0.2 $245.00 Correspond with other counsel re trial
6/25/2015 Bernier, Michael $147.00 0.6 $245.00 Correspond with other counsel and witnesses re trial
Discussions with counsel for JBS regarding availability of witnesses for trial and need
for rulings from Court; conference call with Lyle Robinson to discuss best way to
approach Court regarding same; confer with Mike Bernier regarding witness
6/26/2015 Frost, Cable $522.00 1.8 $290.00 availability and plan to reurge motions
6/26/2015 Bernier, Michael $0.00 0 $0.00 Correspond with witnesses re trial dates
Confer with Dr. Carl Brooking regarding certain portions of his testimony contain in
Daubert transcripts; compare portions of Dr. Brooking's testimony with testimony of
6/29/2015 Frost, Cable $464.00 1.6 $290.00 Bill Hahn
Begin additional section of direct examination outline for Terry Thornton based on
7/1/2015 Frost, Cable $319.00 1.1 $290.00 Daubert issues raised; examine Bill Hahn's testimony regarding same
7/1/2015 Bernier, Michael $0.00 0 $0.00 Correspond with other counsel re trial dates
7/8/2015 Kennedy, Steve $174.00 0.6 $290.00 Trial preparation; work on voir dire and opening statement
Preparation for upcoming conference with Court, review certain portions of
outstanding Motions in Limine and for summary judgment; confer with Mike Bernier
7/9/2015 Frost, Cable $406.00 1.4 $290.00 regarding additional tasks to be performed
Enlight of trial setting by court, participate in strategy discussions with Steve Kennedy
and Mike Bernier; begin work on division of witnesses; begin review of exhibits and
7/13/2015 Frost, Cable $0.00 0 $0.00 objections to same
Receive and review correspondence from court and confer with clients regarding trial
7/13/2015 Kennedy, Steve $174.00 0.6 $290.00 and pre-trial conference dates and telephone call with JBS attorney regarding same
7/13/2015 Bernier, Michael $171.50 0.7 $245.00 Correspond with Court re trial; make preparations in light of Court setting case for trial
Continue review of exhibits and objections to same; review witness assignments and
7/14/2015 Frost, Cable $638.00 2.2 $290.00 status of outlines with regard to same; begin work on additional trial exhibits
Begin witness trial preparation; confer with Dr. Brooking regarding same; follow up on
7/15/2015 Frost, Cable $696.00 2.4 $290.00 Daubert transcripts; confer with counsel for JBS regarding pre-trial conference
7/16/2015 Frost, Cable $377.00 1.3 $290.00 Begin preparation for pretrial conference; begin work on witness outlines
Review of Dr. Brooking's Direct Testimony in light of Daubert hearings; confer with Dr.
Brooking regarding revisions of direct outline and source materials; review Terry
7/16/2015 Frost, Cable $783.00 2.7 $290.00 Thornton's testimony and exhibits in order to supplement those of Dr. Brooking
7/16/2015 Kennedy, Steve $58.00 0.2 $290.00 Email to/from L. Robinson regarding pretrial conference
Review jury instructions for incorporation into witness outlines; confer with Mike
7/20/2015 Frost, Cable $638.00 2.2 $290.00 Bernier regarding deposition designations; continue preparations for upcoming trial
Confer with counsel for JBS regarding request to move pre-trial conference; confer
with Steve Kennedy regarding same; continue work on witness outlines and
7/21/2015 Frost, Cable $696.00 2.4 $290.00 incorporation of exhibits
Review pretrial order and exhibit lists and continue trial preparation; confer with trial
7/21/2015 Bernier, Michael $196.00 0.8 $245.00 team re trial preparation plans going forward
Review witness outlines, pretrial order and exhibit list in preparation for upcoming
trial strategy meeting; confer with Mike Bernier regarding certain aspects of witness
outlines; confer with Steve Kennedy regarding theme of case and portions of opening
7/22/2015 Frost, Cable $812.00 2.8 $290.00 argument
Begin work on Carl Brookings direct outline in order to comport with issues and
discussions which occurred during Daubert Hearings; confer with Dr. Brooking
7/23/2015 Frost, Cable $638.00 2.2 $290.00 regarding same
7/23/2015 Kennedy, Steve $203.00 0.7 $290.00 Trial prep for voir dire and opening
Confer with Mike Bernier regarding need to obtain finalized Daubert transcripts;
review exhibits offered into evidence during Daubert hearing; draft outline of
7/24/2015 Frost, Cable $493.00 1.7 $290.00 questions to discuss with Dr. Brooking; draft questions to discuss with Bill Hahn
Draft correspondence to Court concerning pre-trial conference; confer with counsel
for JBS regarding same; confer with counsel for JBS regarding order of witnesses;
review historical correspondence concerning Terry Thornton's testimony and support
7/24/2015 Frost, Cable $696.00 2.4 $290.00 for damages
KLLM Claim No. 215-76110 - Correspond with Kadreanna Johnson and S. Kennedy
7/24/2015 Craft, Julie $0.00 0 $0.00 regarding claim; prepare correspondence to Jimmy Kerr
7/24/2015 Bernier, Michael $0.00 0 $0.00 Study pretrial order in preparation for trial preparation
7/25/2015 Kennedy, Steve $986.00 3.4 $290.00 Prepare for trial, opening and C. Matthews and S. Ricahrds testimony
Work regarding jury instructions and trial preparation including themes, witness
7/26/2015 Kennedy, Steve $1,334.00 4.6 $290.00 exams and closing
Prepare pretrial plan; analyze deposition designations and other materials for witness
7/26/2015 Bernier, Michael $465.50 1.9 $245.00 preparation
Review and provide suggestions for jury instructions; confer with Steve Kennedy
regarding witness allocation; begin work on direct examination from Monty; confer
7/27/2015 Frost, Cable $1,218.00 4.2 $290.00 with Mike Bernier regarding Dr. Brooking; review Daubert transcripts regarding same
7/27/2015 Kennedy, Steve $522.00 1.8 $290.00 Trial preparation, jury instruction edits
Confer with M. Bernier regarding hearing transcripts from previous Daubert hearings
and need for same; correspond with USDC Court Reporter to request status of same;
7/27/2015 Craft, Julie $72.00 0.6 $120.00 identify previous work done on opening statement and provide same to S. Kennedy
Trial preparation session with trial team; review and analyze deposition designations
in preparation for trial; correspond with witnesses re trial preparation; phone
7/27/2015 Bernier, Michael $637.00 2.6 $245.00 conversation with damages expert re status of trial and preparation for same
Continue trial preparation; focus on witness outlines and exhibits; confer with Steve
7/28/2015 Frost, Cable $1,334.00 4.6 $290.00 Kennedy regarding portions of opening argument
7/28/2015 Kennedy, Steve $116.00 0.4 $290.00 Trial prep for potential punitive phase
7/28/2015 Kennedy, Steve $406.00 1.4 $290.00 Trial prep and work regarding S. Hall testimony for trial
7/28/2015 Bernier, Michael $49.00 0.2 $245.00 Prepare pretrial order
Continue trial preparation including witness outlines, jury instructions and
preparations for pre-trial conference; confer with Mike Bernier regarding division
7/29/2015 Frost, Cable $1,305.00 4.5 $290.00 responsibility
7/29/2015 Kennedy, Steve $232.00 0.8 $290.00 Continue work regarding S. Hall testimony for trial and potential punitive phase of trial
Conference call with Brandon Woods, Bill Hahn, and Monty Epps re trial preparation;
7/29/2015 Bernier, Michael $245.00 1 $245.00 prepare outlines and documents to provide to witnesses
Prepare for pre-trial conference by reviewing Daubert issues addressed and
outstanding issues associated with Motions in Limine and designated deposition
testimony; review certain designations in order to determine necessity at trial;
7/30/2015 Frost, Cable $1,218.00 4.2 $290.00 continue direct and cross-examination outlines for KLLM and PPC/JBS witnesses
7/30/2015 Kennedy, Steve $174.00 0.6 $290.00 Continue work regarding 5. Hall trial cross-exam
Review certain portions of Scott Hall's testimony in order to incorporate opening
argument themes and [REDACTED\]
review
testimony of Lee Blackrnon regarding same; confer with Brad Moony regarding
7/31/2015 Frost, Cable $1,102.00 3.8 $290.00 deposition of Mark Norman
7/31/2015 Kennedy, Steve $406.00 1.4 $290.00 Trial prep regarding S. Taylor testimony
7/31/2015 Williams, Andrea $0.00 0 $0.00 Prepare working copy of opening statement powerpoint for Steve Kennedy
7/31/2015 Craft, Julie $12.00 0.1 $120.00 Correspondence to court reporter to check status of Daubert hearing transcripts
7/31/2015 Bernier, Michael $0.00 0 $0.00 Prepare for witness preparation sessions
8/1/2015 Kennedy, Steve $754.00 2.6 $290.00 Trial prep
8/1/2015 Bernier, Michael $147.00 0.6 $245.00 Prepare Pretrial Order
Continue trial preparation including review of exhibits and revisions to witness
testimony; confer with Mike Bernier regarding trial themes and exhibits; begin work
8/3/2015 Frost, Cable $1,566.00 5.4 $290.00 on cross-examination of defendant's economist, Brent Saunders
8/3/2015 Kennedy, Steve $174.00 0.6 $290.00 Trial prep
8/3/2015 Bernier, Michael $49.00 0.2 $245.00 Prepare witness outlines
Review and provide suggestions for direct outlines for Monty Epps and Brandon
Woods; confer with Mike Bernier regarding same; review certain exhibits related to
JBS Carrier's financial position; begin preparation for prep-sessions with Terry
Thornton and Carl Brooking; begin review of expert material regarding same; review
8/4/2015 Frost, Cable $1,798.00 6.2 $290.00 correspondence with counsel for JBS concerning witness order
8/4/2015 Kennedy, Steve $319.00 1.1 $290.00 Trial preparation regarding damages proof and J. Richard and B. Woods trial testimony
8/4/2015 Yarborough, Richar $145.00 0.5 $290.00 Conference with S. Kennedy regarding case issues and upcoming pre-trial conference
Review and analyze trial exhibits for witness outlines; prepare witness outlines;
8/4/2015 Bernier, Michael $808.50 3.3 $245.00 prepare for pretrial conference
Review and revise pre-trial order; receive and review correspondence concerning
Shawn Taylor and his availability for testimony at trial; confer with Steve Kennedy,
regarding ordering of witness respond to counsel for JBS regarding same; receive
official Daubert Transcripts and begin review of same; conference with Steve Kennedy
regarding opening themes; examine exhibits cited in Daubert Hearing; continue trial
8/5/2015 Frost, Cable $1,914.00 6.6 $290.00 preparation
Preparation for trial and pretrial conference; work witness outlines for B. Woods and J.
8/5/201 Kennedy, Steve $841.00 2.9 $290.00 Richards
Confer with court reporters to obtain final hearing transcript and provide same to
8/5/2015 Craft, Julie $36.00 0.3 $120.00 attorneys
Prepare for trial, including draft witness outlines, review discovery and pleadings
8/5/2015 Bernier, Michael $931.00 3.8 $245.00 related to damages, and review transcript of Daubert hearing
Review and analyze Daubert Transcripts in preparation for trial and preparation of
witnesses; prepare for and meet with Dr. Carl Brooking concerning Daubert
Transcripts and his opinions at trial; review exhibits and calculations with Dr. Brooking;
review outlines of Terry Thornton and Bill Hahn [REDACTED\]
begin revisions of those outlines; review
8/6/2015 Frost, Cable $2,088.00 7.2 $290.00 additional trial exhibits for Dr. Brooking's report
8/6/2015 Kennedy, Steve $0.00 0 $0.00 Brief review of prior hearing transcripts received from Court
Continue to work on trial preparation including witness outlines for B. Woods, review
testimony; conference call regarding same; work with J. Richards and C. Matthews;
8/6/2015 Kennedy, Steve $1,334.00 4.6 $290.00 work on closing statement
Trial preparation including work on Defendants' trial exhibits, witness notebooks and
deposition designations; preparation for pretrial conference; conferences with M.
Bernier regarding documents needed for pretrial conference and related issues; begin
identification and preparation of same; verify quality of electronic trial deposition
8/6/2015 Craft, Julie $420.00 3.5 $120.00 exhibits for use during trial
Prepare witness outlines; review and analyze trial exhibits in preparation for pretrial
conference and witness preparation; review and analyze deposition transcripts and
pleadings related to damages issues associated with JBS' motion to strike and
potential to use Terry Thornton's testimony for damages; prepare for witness
preparation call with Brandon Woods; conduct extensive preparation call with
8/6/2015 Bernier, Michael $1,372.00 5.6 $245.00 Brandon Woods
Prepare for and conduct trial preparation of Terry Thornton; email correspondence with Bill Hahn concerning need for prep and materials to be reviewed; continue review
of Daubert Transcript concerning loss net margin and idle trucks; review historical
correspondence concerning Clay Matthews in order to answer questions regarding
8/7/2015 Frost, Cable $1,711.00 5.9 $290.00 order of witnesses; additional work with Daubert Transcript and damages issues
8/7/2015 Kennedy, Steve $1,508.00 5.2 $290.00 Additional trial preparation
Detailed office conference regarding issues in advance of pre-trial conference and
upcoming trial settings; discussion on basis of expert testimony to be offered by Dr.
Brookings on lost net profits and attack on same by JBS and ruling on court; review of
8/7/2015 Yarborough, Richar $522.00 1.8 $290.00 testimony of Dr. Brookings
Work with S. Kennedy to prepare for direct examination of Jim Richards; additional
8/7/2015 Craft, Julie $240.00 2 $120.00 preparation for pretrial order with M. Bernier and S. Kennedy
Prepare exhibits and deposition designations for pretrial conference; prepare witness
8/7/2015 Bernier, Michael $416.50 1.7 $245.00 outlines; prepare for pretrial conference
Complete review of Daubert Transcript and exhibits; begin outline concerning topics
contained therein; continue review and revisions of witness outlines; continue work
8/8/2015 Frost, Cable $1,566.00 5.4 $290.00 on damages testimony in case
Prepare for pretrial conference; draft and revise Brandon Woods direct examination
8/8/2015 Bernier, Michael $269.50 1.1 $245.00 outline
Revise direct outline of Terry Thornton to comport with recent telephonic prep
session; contact Dr. Carl Brooking to discuss certain issues associated with idle trucks;
begin work on supplementation of direct outline for Bill Hahn; prepare for pre-trial
conference including argument concerning Terry Thornton's ability to sponsor net
8/9/2015 Frost, Cable $1,392.00 4.8 $290.00 margin damages as well as potential Daubert issues
Prepare for pretrial conference and trial including M. Epps exam, C. Matthews exam,
8/9/2015 Kennedy, Steve 51,798.00 6.2 $290.00 opening, deposition designations and jury instructions
Prepare witness outlines and exhibits for witness review; conduct research for pretrial
conference; prepare for pretrial conference; prepare for hearing on motions in limine
8/9/2015 Bernier, Michael $1,543.50 6.3 $245.00 and potential sequel to JBS' motion for partial summary judgment
Continue trial preparation including preparation of witness outlines and exhibits;
prepare for pre-trial conference and argument concerning financial experts;
participate in pre-trial conference with Judge Windgate and opposing counsel;
8/10/2015 Frost, Cable $3,016.00 10.4 $290.00 continue trial preparation
8/10/2015 Kennedy, Steve $87.00 0.3 $290.00 Receive and review information from M. Epps for trial
Trial prep call with J. Richards, prepare and attend pretrial conference; confer with JBS
counsel regarding trial details; status call with clients following pre-trial conference;
8/10/2015 Kennedy, Steve $1,856.00 6.4 $290.00 prepare for trial
Conference with S. Kennedy regarding aftermath of pre-trial hearing before Judge
Wingate and potential rulings on motions and impact on trial; review of damages
8/10/2015 Yarborough, Rrchar, $435.00 1.5 $290.00 calculations to be tendered by KLLM at trial of action
Additional preparation for pretrial conference including identification of certain
deposition testimony, preparation of designations of depositions and prepare copies
and exhibits for use during conference; confer with M. Bernier regarding outcome of.
same and related tasks; prepare exhibits to witness outline for Brandon Woods and
8/10/2015 Craft, Julie $708.00 5.9 $120.00 provide same to M. Bernier
Prepare for pretrial conference; prepare for hearing on motions in limine; prepare for
argument on objections to deposition designations and exhibits; revise pretrial order;
attend pretrial conference; correspond with Monty Epps re deposition outlines and
8/10/2015 Bernier, Michael $1,543.50 6.3 $245.00 potential exhibits; prepare witness outlines; perform other trial preparation tasks
Work on direct and cross-examination outlines; confer with Steve Kennedy regarding
opening and damages issues; review emails concerning service complaints with an eye
towards cross-examination and preparation for KLLM witnesses; confer with Mike
Bernier regarding jury instructions; confer with Mike Bernier regarding deposition
8/11/2015 Frost, Cable $3,596.00 12.4 $290.00 designations; continue trial preparation
Trial prep regarding C. Matthews voir dire and M. Epps exam including conference call
8/11/2015 Kennedy, Steve $1,276.00 4.4 $290.00 with M. Epps regarding same; conference call with JB5 attorney
Trial preparation including: confer with M. Bernier regarding trial exhibits and
mentions of delivery issues, related tasks; confer with C. Frost regarding jury summons
status; analyze trial exhibits for complaints and prepare listing of exhibits that need
comments from clients; forward same to M. Bernier; prepare electronic version of all
related exhibits and provide to M. Bernier; insert client comments into complaint
chart; identify and provide deposition designation testimony to S. Kennedy; update
witness notebook of Bill Hahn; begin preparation of exhibit list with objections for use
8/11/2015 Craft, Julie $984.00 8.2 $120.00 during trial
Prepare witness outline for Monty Epps; review and analyze documents and exhibits
related to same; prepare for witness preparation conference with Monty Epps;
conduct extensive witness preparation conference with Monty Epps; prepare
deposition designation of deposition of Shawn Taylor; prepare objections to
deposition designations of Shawn Taylor by JBS and coordinate filing of same; revise
joint stipulation re witnesses proposed by JBS and submit alternative revisions;
correspond with counsel for JBS re pretrial conference and related issues; prepare
deposition designations of depositions of David Hopwood and Amy Palmer; prepare
8/11/2015 Bernier, Michael $2,058.00 8.4 $245.00 for trial
Trial preparation including evaluation of Monty Epps' and Brandon Woods' outlines;
begin update of Terry Thornton's outline concerning damages; confer with Dr.
Brooking regarding damages opinions; continue work on cross-examination outlines;
8/12/2015 Frost, Cable $3,654.00 12.6 $290.00 prep Dr. Brooking
Prepare for trial and second pre-trial conference with Court; in person prep meeting
8/12/2015 Kennedy, Steve $2,842.00 9.8 $290.00 with J. Richards, work on pretrial order and witness exhibits
Conference with S. Kennedy regarding status of pretrial conference and witness prep
8/12/2015 Yarborough, Richar $232.00 0.8 $290.00 with Jim Richards
Analyze and update attorneys re Minute Entry entered setting 2nd Pretrial
Conference; additional work with M. Bernier regarding emails suggesting complaints;
communicate with Brandon Woods and Monty Epps regarding same and obtaining
comments regarding certain emails; analyze Joint Stipulation entered by parties and
8/12/2015 Craft, Julie $540.00 4.5 $120.00 add to trial notebooks; additional trial preparation
8/12/2015 Summers, Melissa $336.00 2.8 $120.00 Create trial notebooks re complaints
Prepare for witness preparation; revise witness outlines; prepare responses to exhibit
objections; review and analyze deposition designations; conduct other trial
8/12/2015 Bernier, Michael $1,690.50 6.9 $245.00 preparation
Continue preparations for trial; revisions of outlines and exhibits to be used during
examination; continue work on Mark Norman exhibits and cross-examination outline;
review portions of Norman deposition regarding same; confer with Brad Moody
8/13/2015 Frost, Cable $3,422.00 11.8 $290.00 regarding deposition of Mark Norman; evaluate trial exhibits for use in cross
8/13/2015 Kennedy, Steve $2,146.00 7.4 $290.00 Trial preparation
8/13/2015 Craft, Julie $360.00 3 $120.00 Trial prep with attorneys
Prepare for pretrial conference; prepare for witness preparation; revise witness
outlines; revise witness outlines; designate depositions; review deposition
8/13/2015 Bernier, Michael $2,107.00 8.6 $245.00 designations and plan for trial; conduct other trial preparation
Prepare for pre-trial conference; continue trial preparations including revision of
witness outlines; travel to and participate in pre-trial conference; post-conference
meeting with trial team to address changes in witness line-up; [REDACTED\]
schedule prep session with Mr.
Thornton; confer with Brad Moody regarding additional work to be performed;
communicate with Bill Hahn regarding his preparation and outlines; confer with Dr.
8/14/2015 Frost, Cable $3,828.00 13.2 $290,00 Brooking re: court's exclusion of his testimony
8/14/2015 Kennedy, Steve $2,639.00 9.1 $290.00 Trial preparation; work on voir dire; attend pretrial conference; prepare client report
8/14/2015 Moody, Brad C. $464.00 1.6 $290.00 Outline agenda for meeting with Terry Thornton
Review draft of direct examination of Terry Thornton and [REDACTED\]
8/14/2015 Moody, Brad C. $348.00 1.2 $290.00
Review file materials to prepare for meeting with Terry Thornton to prepare for trial in
8/14/2015 Moody, Brad C. $899.00 3.1 $290.00 light of court's ruling to exclude Dr. Brooking
Various conferences with S. Kennedy regarding issues in advance of pretrial
conference with Judge Wingate; confer with S. Kennedy regarding rulings on motions
made by Judge Wingate and impact on case strategy; discussions of alternatives to
considerin light of Court's ruling excluding testimony of Dr. Brookings; confer with S.
8/14/2015 Yarborough, Richar $725.00 2.5 $290.00 Kennedy regarding utiliization of Terry Thornton on issue of lost profits
Additional trial preparation; analyze and categorize additional deposition designations;
work with S. Kennedy re voir dire and opening; finalize email complaint notebooks and
provide to M. Bernier; confer with M. Bernier regarding today's pretrial conference
8/14/2015 Craft, Julie $384.00 3.2 $120.00 and additional information needed from Court Administrator
8/14/2015 Summers, Melissa $60.00 0.5 $120.00 Revise work complaint exhibit chart with additional comments
Prepare for pretrial conference; attend pretrial conference; prepare for witness
preparation; revise witness outlines; draft objections deposition designations;
8/14/2015 Bernier, Michael $2,915.50 11.9 $245.00 designate depositions
Prepare for and participate in prep session with Terry Thornton concerning damages
and other testimony; prepare for and participate in prep session with Bill Hahn
concerning his testimony; conitnue revisions to outlines of Hahn and Thornton;
8/15/2015 Frost, Cable $3,364.00 11.6 $290.00 continue trial preparations
8/15/2015 Kennedy, Steve $2,581.00 8.9 $290.00 Trial preparation
8/15/2015 Moody, Brad C. $0.00 0 $0.00 Review Daubert hearing transcript to address key issues for Terry' testimony
8/15/2015 Moody, Brad C. $522.00 1.8 $290.00 Draft/revise direct outline for Terry Thornton
8/15/2015 Moody, Brad C. $1,218.00 4.2 $290.00 Review Daubert hearing transcript to address key issues for Terry' testimony
Continue preparing for meeting with Terry Thornton; continue reviewing Daubert
8/15/2015 Moody, Brad C. $493.00 1.7 $290.00 hearing transcript to address key issues for Terry' testimony
8/15/2015 Craft, Julie $660.00 5.5 $120.00 Additional trial prep with attorneys and witnesses
Prepare witnesses for trial; revise witness outlines; prepare responses to evidentiary
8/15/2015 Bernier, Michael $2,891.00 11.8 $245.00 objections; perform other trial preparation
Prepare for and participate in prep-session with Bill Hahn concerning his direct
testimony and possible cross; revise cross-examination outline of Mark Norman; revise
cross-examination outline of Scott Hall; continue work on testimony of Terry Thornton
for damages; confer with Carl Brooking [REDACTED\]
continue
8/16/2015 Frost, Cable $3,422.00 11.8 $290.00 trial preparations
8/16/2015 Kennedy, Steve $2,552.00 8.8 $290.00 Prepare for trial
Draft exhibit and witness lists in courts requested format; review and cross reference
all deposition designations to ensure all designated deposition exhibits are listed on
8/16/2015 Williams, Andrea $912.00 7.6 $120.00 the exhibit list; OCR all deposition designations; prepare trial supplies
Review case law to support argument opposing exclusion of Terry Thornton's
8/16/2015 Moody, Brad C. $928.00 3.2 $290.00 testimony
8/16/2015 Moody, Brad C. $638.00 2.2 $290.00 Continue working on direct examination outline for Terry Thornton
8/16/2015 Moody, Brad C. $174.00 0.6 $290.00 Draft agenda for meeting with Terry Thornton and Dr. Brooking
Draft/revise outline of argument for opposing motion to exclude Terry Thornton's
8/16/2015 Moody, Brad C. $609.00 2.1 $290.00 testimony
8/16/2015 Craft, Julie $744.00 6.2 $120.00 Additional trial prep with attorneys and witnesses
Prepare for trial; attend trial; prepare witnesses for trial; prepare legal responses to
8/16/2015 Bernier, Michael $2,572.50 10.5 $245.00 testimony and exhibits
Prepare for argument on Motion to Exclude Terry Thornton; continue trial
preparations; prepare for and participate in jury selection and trial; continue trial
8/17/2015 Frost, Cable $4,321.00 14.9 $290.00 preparation for next day
8/17/2015 Kennedy, Steve $3,451.00 11.9 $290.00 Prepare for voir dire, conduct trial and prepare for next day of trial
Prepare trial supplies for courthouse; obtain case law for Mike Bernier and forward to
trial team and Brent Cole for review; prepare trial notebooks for Mike Bernier and
8/17/2015 Williams, Andrea $1,032.00 8.6 $120.00 Julie Craft; trial preparation
Receive and review Judge Wingate's written order excluding Dr. Brooking's testimony
8/17/2015 Moody, Brad C. $145.00 0.5 $290.00 and evaluate impact on Terry Thorton's testimony
8/17/2015 Moody, Brad C. $522.00 1.8 $290.00 Analyze case law cited in JBS' motion to exclude Terry Thornton
8/17/2015 Moody, Brad C. $638.00 2.2 $290.00 Draft/revise response to JBS' motion to exclude Terry Thornton
8/17/2015 Moody, Brad C. $261.00 0.9 $290.00 Identify additional case law to support response to motion to exclude Terry Thornton
Work with Terry Thornton and Dr. Brooking [REDACTED\]
and in light
8/17/2015 Moody, Brad C. $1,305.00 4.5 $290.00 of analysis in Judge Wingate's written order excluding Dr. Brooking's testimony
8/17/2015 Moody, Brad C. $0.00 0 $0.00 Continue developing Terry Thornton's testimony on unmanned truck damages
8/17/2015 Moody, Brad C. $377.00 1.3 $290.00 Draft/revise affidavit to support response to motion to exclude Terry Thornton Various conferences with S. Kennedy regarding case issues; review of Court's order on
Motions; discussion of case strategy and utilization of Terry Thornton for damages
testimony; review JBS's motion to issue preliminary instruction to jury; review JBS's
motion to exclude testimony of Terry Thornton; confer with S. Kennedy regarding
8/17/2015 Yarborough, Richar $580.00 2 $290.00 strategy for same
8/17/2015 Craft, Julie $1,692.00 14.1 $120.00 Trial prep, trial attendance and preparation for Day 2 of trial
8/17/2015 Summers, Melissa $396.00 3.3 $120.00 Research re potential jurors and prepare summary; confer with M. Bernier re: results
Prepare for trial; attend trial; prepare witnesses for trial; prepare legal responses to
8/17/2015 Bernier, Michael $3,381.00 13.8 $245.00 testimony and exhibits; prepare for voir dire
8/18/2015 Frost, Cable $4,292.00 14.8 $290.00 Prepare for and participate in trial; trial preparation for next day
8/18/2015 Kennedy, Steve $3,509.00 12.1 $290.00 Continue with conducting trial and preparation for trial
Trial preparation; prepare deposition transcript notebooks with referenced exhibits
relating to Gooch; review and revise deposition designations to reflect accurate
8/18/2015 Williams, Andrea $648.00 5.4 $120.00 designations
Review law re cost-plus contracts to find persuasive authority to support Terry
8/18/2015 Moody, Brad C. $522.00 1.8 $290.00 Thornton's testimony re lost profits
Draft/revise outline for oppose exclusion of Terry Thornton's testimony because of
8/18/2015 Moody, Brad C. $696.00 2.4 $290.00 failure to properly calculate damages
8/18/2015 Moody, Brad C. $522.00 1.8 $290.00 Continue drafting and revising response to JBS' motion to exclude Terry Thornton
8/18/2015 Moody, Brad C. $551.00 1.9 $290.00 Continue working on Terry Thornton's direct
Conference with S. Kennedy and M. Bernier regarding trial issues; update on trial
status; review KLLM's response in opposition to preclude testimony of Terry Thornton;
8/18/2015 Yarborough, Richar $435.00 1.5 $290.00 review order on miscellaneous relief
8/18/2015 Craft, Julie $1,740.00 14.5 $120.00 Trial prep, trial attendance and preparation for Day 3 of trial
8/18/2015 Summers, Melissa $252.00 2.1 $120.00 Travel to and from the courthouse and assist trial team as needed
Prepare for trial; attend trial; prepare witnesses for trial; prepare legal responses to
8/18/2015 Bernier, Michael $3,748.50 15.3 $245.00 testimony and exhibits
8/19/2015 Frost, Cable $4,524.00 15.6 $290.00 Prepare for and participate in trial; preparations for next day
8/19/2015 Kennedy, Steve $3,451.00 11.9 $290.00 Conduct trial and prepare for next day
8/19/2015 Williams, Andrea $144.00 1.2 $120.00 Trial preparation and assistance
8/19/2015 Moody, Brad C. $493.00 1.7 $290.00 Work on issues related to proving unmanned truck damages [REDACTED\]
8/19/2015 Moody, Brad C. $812.00 2.8 $290.00 Analyze and outline Terry Thornton's deposition
Telephone conference with Dr. Brooking to address additional arguments to support
8/19/2015 Moody, Brad C. $0.00 0 $0.00 admission of Terry Thornton's testimony
8/19/2015 Moody, Brad C. $406.00 1.4 $290.00 Continue drafting and revising outline for Terry Thornton
8/19/2015 Yarborough, Richar $232.00 0.8 $290.00 Updates on status of trial; conference with S. Kennedy regarding trial status and issues
8/19/2015 Craft, Julie $1,620.00 13.5 $120.00 Trial prep, trial attendance and preparation for Day 4 of trial
Analyze parties deposition designations, compare final designations with the court's
copy, note all discrepancies, prepare summary of discrepancies, make changes as
needed, and create a final copy for notebook; travel to and from the courthouse (3)
8/19/2015 Summers, Melissa $480.00 4 $120.00 times and assist trial team as needed
Prepare for trial; attend trial; prepare witnesses for trial; prepare legal responses to
8/19/2015 Bernier, Michael $3,552.50 14.5 $245.00 testimony and exhibits
8/20/2015 Frost, Cable $4,727.00 16.3 $290.00 Prepare for and participate in trial; preparations for tomorrow's proceedings
8/20/2015 Kennedy, Steve $3,306.00 11.4 $290.00 Continue with trial and preparations for next date of trial
Review and revise deposition designations to reflect accurate designations, create
courtroom copy of all designations for trial team and notebook of remaining
8/20/2015 Williams, Andrea $948.00 7.9 $120.00 designations for Judge Wingate; trial preparation and assistance
8/20/2015 Moody, Brad C. $1,044.00 3.6 $290.00 Meeting with Terry Thornton to prepare for trial testimony
Work on new issues raised by JBS Carriers re profit analysis in preparation for meeting
8/20/2015 Moody, Brad C. $377.00 1.3 $290.00 with Terry Thornton
Meeting with Bill Hahn and Terry Thornton to address trial issues related to profit
8/20/2015 Moody, Brad C. $203.00 0.7 $290.00 analysis
8/20/2015 Moody, Brad C. $377.00 1.3 $290.00 Revise and edit outline for direct of Terry Thornton
8/20/2015 Craft, Julie $1,440.00 12 $120.00 Trial prep, trial attendance and preparation for Day 5 of trial
Finalize analyses parties deposition designations, compare final designations with the
court's copy, note all discrepancies, prepare summary of discrepancies, make changes
as needed, and create a final copy for notebook; travel to and from the courthouse (3)
8/20/2015 Summers, Melissa $444.00 3.7 $120.00 times and assist trial team as needed
Prepare for trial; attend trial; prepare witnesses for trial; research and draft
8/20/2015 Bernier, Michael $4,042.50 16.5 $245.00 Memorandum in Support of Admission of On-Time Performance Report
Prepare for and participate in trial; conduct witness preparation session with Bill Hahn;
confer with Terry Thornton regarding his upcoming testimony; continue trial
8/21/2015 Frost, Cable $3,422.00 11.8 $290.00 preparation
8/21/2015 Kennedy, Steve $2,262.00 7.8 $290.00 Continue with trial and prepare for resuming trial on Monday
Compile exhibits and cases cited in the Memorandum In Support of Admissibility of
the 2011 On-Time Performance Report; prepare working copies of exhibits identified
8/21/2015 Williams, Andrea $204.00 1.7 $120.00 in Monty Epps deposition for Steve Kennedy; trial preparation and assistance
8/21/2015 Moody, Brad C. $348.00 1.2 $290.00 Continue drafting and revising outline for Terry Thornton
8/21/2015 Moody, Brad C. $725.00 2.5 $290.00 Meeting with Terry Thornton and Dr. Brooking to prepare Terry for trial
8/21/2015 Moody, Brad C. $1,189.00 4.1 $290.00 Continue in-person prep with Terry Thornton to prepare for trial
8/21/2015 Craft, Julie $854.00 7.2 $120.00 Trial prep, trial attendance
8/21/2015 Summers, Melissa $252.00 2.1 $120.00 Travel to and from the courthouse (3) and assist trial team
Revise and finalize Memorandum in Support of Admissibility of On-Time Performance
8/21/2015 Bernier, Michael $1,911.00 7.8 $245.00 Report; prepare for trial; attend trial
Participate in preparation session with Terry Thornton; revise Mr. Thornton's outline;
confer with Bill Hahn regarding expected testimony; make revisions to Bill Hahn's
direct examination outline; confer with Mike Bernier regarding witness order;
8/22/2015 Frost, Cable $2,262.00 7.8 $290.00 continue trial preparation
8/22/2015 Moody, Brad C. $841.00 2.9 $290.00 Meeting with Terry Thornton to continue preparing for trial
8/22/2015 Moody, Brad C. $116.00 0.4 $290.00 Prepare for meeting with Terry Thornton
Review discovery materials to identify issues that may come up during Terry
8/22/2015 Moody, Brad C. $319.00 1.1 $290.00 Thornton's direct
Revise and edit Terry Thornton's direct outline to address issues identified during
8/22/2015 Moody, Brad C. $696.00 2.4 $290.00 preparation session
8/22/2015 Bernier, Michael $196.00 0.8 $245.00 Prepare for trial
Prepare for and participate in prep session with Terry Thornton; prepare for and
participate in prep session with Bill Hahn; review Tyson contract and suggested
redacted version; confer with trial team regarding witness order and trial strategy;
8/23/2015 Frost, Cable $2,842.00 9.8 $290.00 continue preparations for beginning trial tomorrow.
8/23/2015 Kennedy, Steve $1,769.00 6.1 $290.00 Prepare for trial and closing argument
8/23/2015 Williams, Andrea $132.00 1.1 $120.00 Trial assistance
8/23/2015 Moody, Brad C. $464.00 1.6 $290.00 Meeting with Terry Thornton to prepare for trial
Draft/revise outline for argument opposing admissibility of Terry Thornton's outline
8/23/2015 Moody, Brad C. $609.00 2.1 $290.00 based on failure to produce documentation related to lost profits spreadsheet
8/23/2015 Craft, Julie $600.00 5 $120.00 Preparation for Day 6 of trial
8/23/2015 Bernier, Michael $2,254.00 9.2 $245.00 Prepare for trial; attend trial; prepare witness for trial
Prepare for and participate in trial; conduct direct examination of Bill Hahn;
conference with Terry Thornton regarding upcoming testimony; revise Terry
Thornton's direct outline; revise proposed stipulations to financial documents; further
8/24/2015 Frost, Cable $4,582.00 15.8 $290.00 prep with Terry Thornton; prepare for trial
Conduct trial, prepare for deposition testimony and B. Woods testimony and work on
8/24/2015 Kennedy, Steve $3,509.00 12.1 $290.00 closing
8/24/2015 Moody, Brad C. $1,363.00 4.7 $290.00 Meet with Terry Thornton to continue preparing for trial
8/24/2015 Moody, Brad C. $348.00 1.2 $290.00 Follow up meeting with Terry Thornton and Cable Frost to prepare for trial testimony
Review and analyze JBS Carriers' proposed stipulation re use of KLLM's financial
8/24/2015 Moody, Brad C $232.00 0.8 $290.00 information at trial and evaluate advantages and disadvantages to same
8/24/2015 Moody, Brad C. $261.00 0.9 $290.00 Further revise and edit outline for Terry Thornton's direct
8/24/2015 Moody, Brad C. $0.00 0 $0.00 Analyze materials from Terry Thornton re tracking of costs
8/24/2015 Craft, Julie $1,500.00 12.5 $120.00 Trial prep, trial attendance and preparation for Day 7 of trial
Travel to and from courthouse multiple times, provide trial assistance, and prepare
8/24/2015 Summers, Melissa $396.00 3.3 $120.00 copies of Monty Epps deposition transcript for trial
8/24/2015 Bernier, Michael $3,528.00 14.4 $245.00 Prepare for trial; attend trial; prepare witnesses
Prepare for and participate in trial; prepare and direct Terry Thornton on the stand;
participate in post-trial discussions and strategy session regarding Motions to Exclude
On-Time Performance Report and Terry Thornton's testimony; work on outline for
Motion hearing regarding Terry Thornton; prepare cross for Mark Norman; begin
8/25/2015 Frost, Cable $4,727.00 16.3 $290.00 evaluation of Brent Saunders; continue trial preparation
Conduct trial, prepare for arguments on motions and closing; work regarding B.
8/25/2015 Kennedy, Steve $3,451.00 11.9 $290.00 Woods appeal proffer
8/25/2015 Moody, Brad C. $522.00 1.8 $290.00 Review additional law to support argument for admitting Terry Thornton's testimony
8/25/2015 Moody, Brad C. $1,102.00 3.8 $290.00 Draft/revise outline for argument for admitting Terry Thornton's testimony
Review of KLLM's motion to reconsider the admissibility of the On-Time Report;
conference with Brad Moody regarding trial status; receipt of trial status reports;
[REDACTED\] review transcript of Thornton testimony;
8/25/20 Yarborough, Richar $435.00 1.5 $290.00 [REDACTED\]
8/25/2015 Craft, Julie $1,428.00 11.9 $120.00 Tria prep, trial attendance and preparation for Day 8 of trial
8/25/2015 Summers, Melissa $252.00 2.1 $120.00 Travel to and from courthouse and assistance trial team
8/25/2015 Bernier, Michael $2,842.00 11.6 $245.00 Prepare for trial; attend trial; prepare witnesses
8/26/2015 Frost, Cable $3,944.00 13.6 $290.00 Prepare for and participate in trial; continue prep for cross of liability witnesses
8/26/2015 Frost, Cable $0.00 0 $0.00 Prepare for and attend trial.
Attend court hearings for trial, work regarding M. Epps trial exhibits, prepare for
8/26/2015 Kennedy, Steve $2,581.00 8.9 $290.00 closing
Review additional law to oppose JBS' argument that Terry Thornton's testimony is
8/26/2015 Moody, Brad C. $638.00 2.2 $290.00 inadmissible because he relied on documents that he did not generate
Draft/revise supplemental brief opposing JBS' motion to exclude Terry Thornton's
8/26/2015 Moody, Brad C. $754.00 2.6 $290.00 testimony
Review transcript of Terry Thornton's testimony to prepare to draft supplemental brief
8/26/2015 Moody, Brad C. $232.00 0.8 $290.00 opposing motion to exclude Terry Thornton's testimony
Review transcript of Bill Hahn's testimony to prepare to draft supplemental brief
8/26/2015 Moody, Brad C. $116.00 0.4 $290.00 opposing motion to exclude Terry Thornton's testimony
Conference with S. Kennedy regarding trial status, issues, motions and themes for
closing arguments; review trial status reports; [REDACTED\]
8/26/2015 Yarborough, Richar $580.00 2 $290.00 review transcript of Bill Hahn trial testimony; forward same to clients
8/26/2015 Craft, Julie $1,344.00 11.2 $120.00 Trial prep, trial attendance and preparation for Day 9 of trial
Prepare trial supplies, travel to and from the courthouse, and provide assistance to
8/26/2015 Summers, Melissa $348.00 2.9 $120.00 trial as needed
Prepare for trial; attend trial; draft and revise Supplemental Motion in Support of
8/26/2015 Bernier, Michael $2,842.00 11.6 $245.00 Admissibility of On-Time Report
8/27/2015 Frost, Cable $4,002.00 13.8 $290.00 Prepare for and participate in trial
8/27/2015 Frost, Cable $0.00 0 $0.00 Prepare for and attend trial.
Conduct trial, prepare for argument on jury instructions, potential rebuttal phase of
8/27/2015 Kennedy, Steve $2,871.00 9.9 $290.00 trial and closing
Continue drafting and revising supplemental brief opposing motion to exclude Terry
8/27/2015 Moody, Brad C. $551.00 1.9 $290.00 Thornton's testimony
Conference with S. Kennedy, C. Frost and M. Bernier regarding trial proceeding; review
of various motions filed during trial; obtain multiple trial status updates., [REDACTED\]
8/27/2015 Yarborough, Richar $435.00 1.5 $290.00
8/27/2015 Craft, Julie $1,356.00 11.3 $120.00 Trial prep, trial attendance and preparation for Day 10 of trial
8/27/2015 Summers, Melissa $384.00 3.2 $120.00 Travel to and from courthouse, provide trial supplies, and assist trial team as needed
8/27/2015 Bernier, Michael $3,013.50 12.3 $245.00 Prepare for trial; attend trial; prepare witnesses
Prepare for and participate in trial; prepare cross outline and exhibits for Mark
8/28/2015 Frost, Cable $3,480.00 12 $290.00 Norman
8/28/2015 Frost, Cable $0.00 0 $0.00 Prepare for and attend trial.
8/28/2015 Kennedy, Steve $2,639.00 9.1 $290.00 Conduct trial and prepare for closing
8/28/2015 Moody, Brad C. $435.00 1.5 $290.00 Work on issues related to preserving appellate record re jury instructions
8/28/2015 Moody, Brad C. $116.00 0.4 $290.00 Review transcript from court's ruling on admissibility of Terry Thornton's testimony
Obtain routine trial updates; [REDACTED\]
conference with S. Kennedy regarding Judge's ruling on lost profits issue and steps
8/28/2015 Yarborough, Richar $435.00 1.5 $290.00 going forward; alternatives in closing and issue of instructions to jury
8/28/2015 Craft, Julie $1,380.00 11.5 $120.00 Trial prep, trial attendance
8/28/2015 Summers, Melissa $288.00 2.4 $120.00 Travel to and from courthouse, provide trial supplies and assistance as needed
8/28/2015 Bernier, Michael $2,180.50 8.9 $245.00 Prepare for trial; attend trial; prepare witnesses
8/29/2015 Frost, Cable $1,334.00 4.6 $290.00 Prepare for and attend trial.
Revise jury instructions; prepare for jury instruction charge conference and related
8/29/2015 Bernier, Michael $759.50 3.1 $245.00 matters; conduct research re punitive damages
8/30/2015 Frost, Cable $1,682.00 5.8 $290.00 Prepare for and attend trial; prepare to argue jury instruction
8/30/2015 Kennedy, Steve $1,131.00 3.9 $290.00 Prepare for closing and jury instruction conference
8/30/2015 Moody, Brad C. $232.00 0.8 $290.00 Confer re jury instructions for lost profits
Review law to support argument opposing peremptory instruction re KLLM's lost
8/30/2015 Moody, Brad C. $145.00 0.5 $290.00 profits damages
8/30/2015 Craft, Julie $300.00 2.5 $120.00 Trial preparation for jury instructions and closing
Revise jury instructions; prepare for jury instruction charge conference and related
8/30/2015 Bernier, Michael $1,176.00 4.8 $245.00 matters
8/31/2015 Frost, Cable $3,422.00 11.8 $290.00 Prepare for and attend trial
8/31/2015 Kennedy, Steve $2,842.00 9.8 $290.00 Attend trial and court arguments, prepare for closing
8/31/2015 Moody, Brad C. $435.00 1.5 $290.00 Address issues for preserving objections to jury instructions re lost profit damages
Review of JBS motion for judgment as a matter of law; obtain updated trial status
8/31/2015 Yarborough, Richar $377.00 1.3 $290.00 reports; [REDACTED\]
8/31/2015 Craft, Julie $840.00 7 $120.00 Trial prep, trial attendance
8/31/2015 Summers, Melissa $384.00 3.2 $120.00 Prepare supplies for trial team and travel to and from courthouse
8/31/2015 Bernier, Michael $122.50 0.5 $245.00 Prepare for jury instruction charge conference
Prepare for and participate in trial; receive Jury Verdict; advance argument for
9/1/2015 Frost, Cable $3,654.00 12.6 $290.00 punitive damages; prepare for supplemental hearing on punitive damages
9/1/2015 Kennedy, Steve $3,161.00 10.9 $290.00 Prepare for closing, attend and conduct trial, prepare for punitive arguments
9/1/2015 Moody, Brad C. $464.00 1.6 $290.00 Draft/revise outline for argument supporting submission of punitive claim to the jury
Analyze additional case law to support argument for jury to consider punitive damages
9/1/2015 Moody, Brad C. $348.00 1.2 $290.00 claim
Analyze case law re awarding punitive damages for claims of breach of implied
9/1/2015 Moody, Brad C. $522.00 1.8 $290.00 covenant of good faith and fair dealing
Conference with S. Kennedy and B. Moody regarding case issues; receipt and review of
trial status updates; [REDACTED\] conference with S.
9/1/2015 Yarborough, Richar $0.00 0 $0.00 Kennedy regarding j
Trial prep, trial attendance; obtain jury verdict and prepare for punitive phase
9/1/2015 Craft, Julie $1,068.00 8.9 $120.00 hearing/jury deliberation
9/1/2015 Summers, Melissa $408.00 3.4 $120.00 Prepare trial supplies, travel to and from courthouse, and conduct voir dire research
Prepare for and participate in argument concerning punitive damages; participate in
court ordered settlement discussion; prepare for and participate in punitive damage
phase of trial; debrief with client; confer with KLLM team concerning attorney's fees
9/2/2015 Frost, Cable $3,422.00 11.8 $290.00 and punitive damages
9/2/2015 Kennedy, Steve $2,059.00 7.1 $290.00 Conduct and complete punitive phase of trial
9/2/2015 Moody, Brad C. $348.00 1.2 $290.00 Continue working on issues for submitting punitive claim to the jury
Office conference with S. Kennedy regarding arguments to be make in support of
effort to persuade judge to submit case to jury on punitive damages; review memo
prepared by B. Mood showin ar uments in favor of submission; obtain status
reports; [REDACTED\] conference with S. Kennedy
9/2/2015 Yarborough, Richar $0.00 0 $0.00 post-verdict concerning subsequent issues in case
9/2/2015 Craft, Julie 5972.00 8.1 $170.00 Trial prep, trial attendance; obtain punitive jury verdict
9/2/2015 Bernier, Michael $0.00 0 $0.00 Coordinate generation of privilege log
9/2/2015 Bernier, Michael $49.00 0.2 $245.00 Conduct research re punitive damages award
Meet with KLLM team to discuss briefing for attorney's fees and punitive damages;
review trial transcripts regarding same; review case law regarding punitive damage
9/3/2015 Frost, Cable $1,914.00 6.6 $290.00 awards
9/3/2015 Kennedy, Steve $261.00 0.9 $290.00 Work on post trial motions
Outline argument for defending punitive damages award during post trial motion
9/3/2015 Moody, Brad C. $377.00 1.3 $290.00 practice
9/3/2015 Moody, Brad C. $783.00 2.7 $290.00 Analyze law to oppose constitutional challenges to punitive damages award
Office conference with trial team to discuss post-verdict activities and strategy in case;
9/3/2015 Yarborough, Richar $725.00 2.5 $290.00 brief review of case law regarding proof necessary to obtain attorneys fees and costs
Attend and participate in team meeting to discuss pending issues, deadlines and
9/3/2015 Craft, Julie $120.00 1 $120.00 strategy
Conduct research for motion for attorneys' fees; review and analyze documents and
billing information for same; prepare to draft same; conduct research for punitive
9/3/2015 Bernier, Michael $563.50 2.3 $245.00 damages award in response to JBS Carriers' assertions of invalidity and excessiveness
Continue analysis and work on Motions for Attorney's fees and upcoming hearing on
punitive damages; confer with Brad Moody and Mike Bernier regarding same; begin
9/4/2015 Frost, Cable $1,624.00 5.6 $290.00 outline for punitive damage argument
Conduct research re Motion for Attorney's fees; prepare Motion for Attorney's fees;
9/4/2015 Bernier, Michael $514.50 2.1 $245.00 review and analyze billing information related to same
9/7/2015 Bernier, Michael $710.50 2.9 $245.00 Prepare affidavits for Motion for Attorney's fees; conduct research re same
Review and analyze case law and argument re attorneys' fees and punitive damages;
confer with Mike Bernier and Steve Kennedy re same examine JBS Carriers' balance
sheet allegedly supporting a negative net worth; confer with Brad Moody re same and
9/8/2015 Frost, Cable $1,624.00 5.6 $290.00 discuss retention of CPA
9/8/2015 Kennedy, Steve $116.00 0.4 $290.00 Work regarding attorney fees motion
9/8/2015 Moody, Brad C. $203.00 0.7 $290.00 Identify issues for independent CPA to address re JBS Carriers' balance sheet
9/8/2015 Moody, Brad C. $1,102.00 3.8 $290.00 Begin drafting brief opposing JBS Carriers' request to reduce punitive damages award
9/8/2015 Moody, Brad C. $116.00 0.4 $290.00 Evaluate need to hire independent CPA to analyze JBS Carriers' balance sheet
Prepare affidavits for application for attorneys' fees for Baker Donelson lawyers;
prepare affidavit for local attorney for application for attorneys' fees; conduct
9/8/2015 Bernier, Michael $735.00 3 $245.00 research for application for attorneys' fees; draft application for attorneys' fees
Receive and review analysis of constitutionality of punitive damages award; review
associated cases and authority; confer with Brad Moody re same; review jury
instruction and Cenac case discussing bad faith inthe context of breach of good faith
9/9/2015 Frost, Cable $1,247.00 4.3 $290.00 and fair dealing
Prepare affidavits in support of application for attorneys' fees and conduct research re
9/9/2015 Bernier, Michael $147.00 0.6 $245.00 same
Continue work in punitive and fee issues; review cases and current arguments re
same; confer with Brad Moody re Bill of Costs; confer with Brad Moody and Steve
Kennedy re Mississippi and 5th Circuit precedent and need to obtain CPA to challenge
9/10/2015 Frost, Cable $1,624.00 5.6 $290.00 the net worth argument advanced by JBS Carriers
9/10/2015 Kennedy, Steve $174.00 0.6 $290.00 Work regarding post trial attorney fee mtions and appeal analysis
9/10/2015 Bernier, Michael $73.50 0.3 $245.00 Conduct research re collection of attorneys' fees
Confer with Mike Bernier on status of motion for attorneys' fees and bill of costs;
review recent precedent re same; review contractual fee provision as compared to
9/11/2015 Frost, Cable $1,044.00 3.6 $290.00 statutory look given punitive damages; review Wingate case on fees
Confer with CPA re JBS Carriers' balance sheet; begin preparation for upcoming
meeting to discuss;'confer with Brad Moody to discuss questions and issues associated
9/11/2015 Frost, Cable $696.00 2.4 $290.00 with the balance sheet; review statutory treatment of negative net worth
Prepare for and participate in conference call with BKD to discuss punitive damages
award and assistance needed regarding same; confer with Brad Moody regarding
topics WV covered in call; research punitive statute and issues to be addressed with
CPA; examine JBS Carriers website regarding size of fleet versus size of fleet during
9/14/2015 Frost, Cable $928.00 3.2 $290.00 damages
Telephone call with Jerry Goolsby to discuss prospects of assisting with defense of
9/14/2015 Moody, Brad C. $87.00 0.3 $290.00 punitive damages award
9/14/2015 Moody, Brad C. $87.00 0.3 $290.00 Review JBS Carriers' balance sheet to prepare for call with prospective CPA
9/14/2015 Moody, Brad C. $232.00 0.8 $290.00 Draft agenda for call with CPA to assist with defending punitive damages award
Follow up correspondence with BKD concerning potential conflict; confer with Terry
Thornton regarding retention of Horne, LLP; contact Robert Alexander at Horne, LLP to
discuss potential engagement in punitive damages issue; prepare summary of events
to discuss with Robert Alexander;qeview JBS Carriers balance sheet with Brad Moody.
9/15/2015 Frost, Cable $1,334.00 4.6 $290.00 and add additional topics to discuss with expert; prepare for upcoming call
Work on portions of Motion for Attorneys' Fees and Motion for Bill of Costs; confer
with Brad Moody and Mike Bernier regarding same; review certain categories of
expenses and time entries for redaction; conduct additional research regarding
punitivedamages award and considerations to be given when conference with court is
9/16/2015 Frost, Cable $1,392.00 4.8 $290.00 held
Receive and review correspondence from JBS Carriers to Judge Wingate requesting
conference concerning punitive damages; begin response to same; confer with Horne
9/16/2015 Frost, Cable $232.00 0.8 $290.00 regarding materials to be requested from JBS Carriers prior to conference with Court
9/16/2015 Kennedy, Steve $87.00 0.3 $290.00 Prepare for hearing regarding attorney fees
9/16/2015 Kennedy, Steve $29.00 0.1 $290.00 Receive and review correspondence from defendant's attorney regarding remittur
Continued review of attorney fees for use in motion for attorney fees; confer with M.
9/16/2015 Craft, Julie $360.00 3 $120.00 Bernier regarding same, related tasks
Prepare for and participate in conference call with Horne, LLP to discuss needs
regarding punitive damages review proposed balance sheet and other ideas circulated
by Horne; seek approval from client in order to officially retain Horne; confer with
Steve Kennedy regarding same; review 11(1)(65) concerning 2% restriction based on
Company's net worth in comparison to net worth calculated using generally accepted
9/17/2015 Frost, Cable $1,421.00 4.9 $290.00 accounting principles
9/17/2015 Moody, Brad C. $116.00 0.4 $290.00 Prepare for call with Robert Alexander
9/17/2015 Moody, Brad C. $87.00 0.3 $290.00 Correspond with Robert Alexander re issues for call
Telephone conference with Robert Alexander to discuss scope of work to assist with
9/17/2015 Moody, Brad C. $232.00 0.8 $290.00 defending punitive damages award
Review billing information for preparing Application for Attorney's Fees; prepare
9/17/2015 Bernier, Michael $392.00 1.6 $245.00 Application for Attorney's Fees
Complete research regarding statutory limitation on punitive damages and Court's
9/18/2015 Frost, Cable $1,044.00 3.6 $290.00 scrutiny concerning net worth provided by parties
9/18/2015 Bernier, Michael $122.50 0.5 $245.00 Prepare billing information for Application for Attorneys' Fees
9/20/2015 Bernier, Michael $710.50 2.9 $245.00 Draft Application for Attorneys' Fees
Review testimony of Terry Thornton and Carl Brooking with an eye towards appeal
9/21/2015 Frost, Cable $812.00 2.8 $290.00 when Court enters Judgment in compensatory phase
Review billing information for application for attorneys' fees; draft application for
9/21/2015 Bernier, Michael $441.00 1.8 $245.00 attorneys' fees
Execute and return engagement letter to Horne; provide update to client; Confer with
Brad Moody regarding additional work to be performed concerning punitive damages
analysis continue revisions to letter to Judge Wingate requesting certain materials be
provided by JBS Carriers prior to any meeting concerning punitive damages; continue
9/22/2015 Frost, Cable $1,218.00 4.2 $290.00 initial analysis of appeal issues based on exclusion of Terry Thornton's testimony
Draft correspondence to Judge Wingate requesting additional financial information to
9/22/2015 Moody, Brad C. $116.00 0.4 $290.00 counter JBS Carriers' claim of negative net worth
Draft and revise application for attorneys' fees; review and revise letter to Judge
9/22/2015 Bernier, Michael $465.50 1.9 $245.00 Wingate re net worth discovery
Complete revisions to correspondence to Judge Wingate requesting income tax
returns and cash flow statements for JBS Carriers and parent company; confer with
Brad Moody regarding status of punitive damages analysis confer with Mike Bernier
regarding status of Motioll for Attorneys Fees; continue analysis of issues surrounding
9/23/2015 Frost, Cable $1,044.00 3.6 $790.00 exclusion of Terry Thornton's testimony
9/23/2015 Kennedy, Steve $174.00 0.6 $290.00 Work regarding exhibits to motions for attorney fees
9/23/2015 Bernier, Michael $147.00 0.6 $245.00 Draft application for attorneys' fees
9/24/2015 Frost, Cable $1,044.00 3.6 $790.00 Continue work on Motion for attorneys fees; continue evaluation of appellate issues
Receive and review update from Robert Alexander at Horne; confer with Brad Moody
regarding same review statutory materials provided to Horne; review issues identified
9/25/2015 Frost, Cable $1,102.00 3.8 $290.00 by Brad Moody to discuss with Horne; begin preparation for call regarding same
Review correspondence from Robert Alexander outlining issues for his affidavit;
9/25/2015 Moody, Brad C. $116.00 0.4 $290.00 respond to same
Receive and begin review of Defendant's Motion to Remit Punitive Damages; receive
and review letter from counsel from JBS concerning Court hearing; confer with Robert
Alexander regarding timetable for admitting supporting affidavit challenging balance
9/28/2015 Frost, Cable $986.00 3.4 $290.00 sheet
Receive and review correspondence from JBS attorney, work regarding exhibit edits
9/28/2015 Kennedy, Steve $232.00 0.8 $290.00 for attorney fee motion
Analyze case law cited in motion to reduce punitive damages verdict filed by JBS
9/28/2015 Moody, Brad C. $493.00 1.7 $290.00 Carriers
9/28/2015 Moody, Brad C. $406.00 1.4 $290.00 Receive and analyze motion to reduce punitive damages verdict filed by JBS Carriers
Review of motion and memo filed by JBS on issue of punitive damages verdict; review
9/28/2015 Yarborough, Richar $290.00 1 $290.00 applicable case law; review analysis forwarded by B. Moods on JBS' filing
Analyze and categorize JB5's Motion to Remit Amount of Punitive Damages and Memo
9/28/2015 Craft, Julie $36.00 0.3 $120.00 in Support; identify relevant deadlines
Review and analyze motion for remititur filed by JBS Carriers and conduct research re
9/28/2015 Bernier, Michael $147.00 0.6 $245.00 same
9/29/2015 Kennedy, Steve $116.00 0.4 $290.00 Work with B. Moody regarding opposing defendant's request for punitive remittur
Receive and review correspondence from Court concerning upcoming hearing; confer
with KLLM team regarding same; continue review and analysis of Defendant's Motion
9/30/2015 Frost, Cable $1,334.00 4.6 $290.00 to remit punitive damages; continue evaluation of balance sheets submitted by JBS
$1,232,701.50
