FIRST ALLMERICA FINANCIAL LIFE INSURANCE COMPANY'S MOTION FOR FINAL JUDGMENT ORDER IN INTERPLEADER AND DEFAULT JUDGMENT AGAINST DOROTHY MCDONALD, B.E., A MINOR, BARRY ENGLISH, IN HIS CAPACITY AS GUARDIAN AD LITEM FOR B.E., A MINOR, AND FOUNTAIN-JORDAN-SHEPARD FUNERAL HOME, INC., AND MOTION FOR ATTORNEYS' FEES AND COSTS
Plaintiff, First Allmerica Financial Life Insurance Company ("First Allmerica"), by and through its attorneys, David F. Schmidt, Craig M. Bargher, and Chittenden, Murday & Novotny LLC, pursuant to 28 U.S.C. § 1335, FED. R. CIV. P. 54, and 55, states as follows for its Motion for Final Judgment Order in Interpleader and Default Judgment Against Dorothy McDonald, B.E., a minor, Barry English, in his capacity as Guardian Ad Litem for B.E., a minor, and Fountain-Jordan-Shepard Funeral Home, Inc., and Motion for Attorneys' Fees and Costs:
1. First Allmerica filed its Complaint in Interpleader ("Complaint") (Doc. #1) under 28 U.S.C. § 1335 on May 22, 2014, to resolve potential competing claims for payment of the death benefit under an ERISA plan, Plan Number GP-26763 (the "Plan"), in the amount of $27,000.00, plus accrued interest. (See Declaration of Craig M. Bargher ("CMB Dec."), Exhibit A hereto).
2. On June 25, 2014, this Court granted First Allmerica's Motion to Deposit its admitted liability and its Ex Parte Motion for Restraining Order under 28 U.S.C. § 2361 in this matter. (Doc. ## 10, 11). On August 6, 2014, First Allmerica deposited $29,132.73 with the court (Receipt #4624124815).
3. On July 23, 2014, First Allmerica filed an Affidavit of Process Server, regarding proof of service on July 21, 2014 of the Summons and Complaint on Defendant Fountain-Jordan-Shepard Funeral Home, Inc. (the "Funeral Home"). (Doc. # 14; CMB Dec., Ex. A, ¶ 4).
4. The Funeral Home's responsive pleading to the Complaint was due August 11, 2014. (CMB Dec., Ex. A, ¶ 5).
5. As of the date of this Motion, the Funeral Home has not filed an Appearance or a responsive pleading to the Complaint. (CMB Dec., Ex. A, ¶ 6).
6. On July 23, 2014, First Allmerica filed an Affidavit of Process Server, regarding proof of service on July 16, 2014 of the Summons, Complaint, and Order granting the Motion to Deposit and the Motion for Restraining Order on Defendant Dorothy McDonald ("McDonald"). (Doc. #13; CMB Dec., Ex. A, ¶ 7).
7. McDonald's responsive pleading to the Complaint was due August 6, 2014. McDonald submitted a letter to this Court dated August 5, 2014 (Doc. # 17), which stated:
I Dorothy McDonald agree with Exhibit D (Funerals [sic] Funding Center reassignment form). I on my own free will re-assigned funds to Fountain Jordan Shepherd [sic] funeral home on September 17, 2013.
I Dorothy McDonald as of this day have no claim to the funds assigned to her by Michelle Young.
On August 27, 2014, this Court entered an Order of Default as against McDonald. (Doc. #18; CMB Dec., Ex. A, ¶ 8).
8. As of the date of this Motion, McDonald has not filed an Appearance or a responsive pleading to the Complaint. (CMB Dec., Ex. A, ¶ 9).
9. On August 5, 2014, First Allmerica filed an Affidavit of Process Server, regarding proof of service on July 26, 2014 of the Summons and Complaint on Defendant B.E., a minor ("B.E."). (Doc. #16; CMB Dec., Ex. A, ¶ 10).
10. On September 23, 2014, this Court granted First Allmerica's Motion to Appoint Barry English as Guardian Ad Litem for B.E., and ordered that his response to the Complaint was due by October 28, 2014. (Doc. ## 22, 24; CMB Dec., Ex. A, ¶ 11).
11. Barry English was served with the Complaint on September 29, 2014, and with the Order appointing him Guardian Ad Litem for B.E. on October 2, 2014. (CMB Dec., Ex. A, Gr. Ex. 1 thereto).
12. On October 28, 2014, Barry English filed a completed Appearance Form for Pro Se Litigants. (Doc. # 26; CMB Dec., Ex. A, ¶ 13).
13. Also on October 28, 2014, Barry English filed a Motion to Extend Time to Answer, but did not specify the amount of time requested or schedule the motion for a hearing. (Doc. # 25; CMB Dec., Ex. A, ¶ 13).
14. As of the date of this Motion, this Court has not yet ruled on Barry English's Motion to Extend Time, and Barry English has not filed a responsive pleading to the Complaint on behalf of B.E. (CMB Dec., Ex. A, ¶ 15).
15. On September 15, 2014, First Allmerica filed its Rule 41 Notice of Dismissal with prejudice of Rosenberg FFC, Inc., f/k/a The Funeral Funding Center, Inc. (Doc. # 21). On September 26, 2014, this Court entered an Order dismissing Rosenberg FFC, Inc., f/k/a The Funeral Funding Center, Inc. as a party defendant pursuant to FRCP Rule 41(a)(1)(A)(i). (Doc. # 3 23).
16. First Allmerica has properly brought this interpleader action, and has done all that is required by law to perfect its interpleader action. As the Seventh Circuit noted in Aaron v. Mahl, 550 F.3d 659, 667 (7th Cir. 2008):
Interpleader is an equitable procedure used when the stakeholder is in danger of exposure to double liability or the vexation of litigating conflicting claims. Indianapolis Colts v. Mayor & City Council of Baltimore, 741 F.2d 954, 957 (7th Cir. 1984). Interpleader is justified only when the stakeholder has a real and reasonable fear of double liability or conflicting claims. . . .
17. In addition, First Allmerica's costs and attorneys' fees may be awarded if the costs are determined to be reasonable and Midland's efforts are not part of its normal course of business. Aaron v. Mahl, 550 F.3d 659, 667 (7th Cir. 2008).
18. First Allmerica has satisfied these elements.
19. First Allmerica's Memorandum of Law in support of its motion is filed separately herewith.
WHEREFORE, Plaintiff, First Allmerica Financial Life Insurance Company, respectfully requests that this Court enter an Order in the form of the draft order tendered herewith,
A. Entering a default judgment in favor of First Allmerica Financial Life Insurance Company and against Defendants Dorothy McDonald, B.E., a minor, Barry English, in his capacity as Guardian Ad Litem for B.E., a minor, and Fountain-Jordan-Shepard Funeral Home, Inc., pursuant to FED. R. CIV. P. 55;
B. Declaring that First Allmerica Financial Life Insurance Company, its successors, assigns, representatives, agents, attorneys, and all of its affiliated companies, including officers and directors, and employees are released and discharged from any and all liability to Defendants, Dorothy McDonald, B.E., a minor, Barry English, in his capacity as Guardian Ad Litem for B.E., a minor, and Fountain-Jordan-Shepard Funeral Home, Inc., for the payment related to Plan Number GP-26763, and stating that Defendants Dorothy McDonald, B.E., a minor, Barry English, in his capacity as Guardian Ad Litem for B.E., a minor, and Fountain-Jordan-Shepard Funeral Home, Inc. shall litigate their claims to the admitted liability without involving First Allmerica Financial Life Insurance Company;
C. Permanently and perpetually restraining and enjoining Defendants Dorothy McDonald, B.E., a minor, Barry English, in his capacity as Guardian Ad Litem for B.E., a minor, and Fountain-Jordan-Shepard Funeral Home, Inc. from filing or prosecuting any claim in any federal, state, or administrative court or other forum with respect to the proceeds of Plan Number GP-26763, except in the interpleader proceedings in the above-captioned matter;
D. Awarding First Allmerica Financial Life Insurance Company its reasonable attorneys' fees and costs in the amount of $13,574.77, as documented in Exhibit A hereto, to be paid from the $29,132.73 that First Allmerica deposited with the court (Receipt # 4624124815);
E. Excusing First Allmerica Financial Life Insurance Company from further attendance upon this cause with respect to the proceeds of Plan Number GP-26763, and dismissing First Allmerica Financial Life Insurance Company from this cause with an express finding under Rule 54(b) of the Federal Rules of Civil Procedure that there is no just reason for delaying either enforcement or appeal of this Court's Order or both; and
F. Granting First Allmerica Financial Life Insurance Company such other and further relief as this Court deems just and necessary.
EXHIBIT A
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
FIRST ALLMERICA FINANCIAL LIFE
INSURANCE COMPANY,
Plaintiff,
Case No. 1:14-cv-03782
v.
DOROTHY MCDONALD, B.E., Judge Gettleman
a minor, FOUNT AIN-JORDAN-SHEPARD Magistrate Judge Martin
FUNERAL HOME, INC., and
ROSENBERG FFC, INC., f/k/a The Funeral
Funding Center, Inc.,
Defendants.
DECLARATION OF CRAIG M. BARGHER IN SUPPORT OF FIRST ALLMERICA FINANCIAL LIFE INSURANCE COMPANY'S MOTION FOR FINAL JUDGMENT ORDER IN INTERPLEADER AND DEFAULT JUDGMENT AGAINST DOROTHY MCDONALD, B.E., A MINOR, BARRY ENGLISH, IN HIS CAPACITY AS GUARDIAN AD LITEM FOR B.E., A MINOR, AND FOUNTAIN-JORDAN-SHEPARD FUNERAL HOME, INC., AND MOTION FOR ATTORNEYS' FEES AND COSTS
I, Craig M. Bargher, under 28 U.S.C. § 1746, declare under penalty of perjury that:
1. I am an attorney licensed to practice law in the State of Illinois and employed by the law firm of Chittenden, Murday & Novotny LLC. I am an attorney of record for First Allmerica Financial Life Insurance Company ("First Allmerica").
2. This Declaration is based on my personal knowledge of the facts stated herein or those facts as they appear in the business records of Chittenden, Murday & Novotny LLC.
3. First Allmerica filed its Complaint in Interpleader ("Complaint") (Doc. #1) under 28 U.S.C. § 1335 on May 22, 2014, to resolve potential competing claims for payment of the death benefit under an ERISA plan, Plan Number GP-26763 (the "Plan"), in the amount of $27,000.00, plus accrued interest.
4. On July 23, 2014, First Allmerica filed an Affidavit of Process Server, regarding proof of service on July 21, 2014 of the Summons and Complaint on Defendant Fountain-Jordan-Shepard Funeral Home, Inc. (the "Funeral Home"). (Doc. # 14).
5. The Funeral Home's responsive pleading to the Complaint was due August 11, 2014.
6. As of the date of First Allmerica's Motion for Final Judgment Order in Interpleader and Default Judgment Against Dorothy McDonald, B.E., a minor, Barry English, in his capacity as Guardian Ad Litem for B.E., a minor, and Fountain-Jordan-Shepard Funeral Home, Inc., and Motion for Attorneys' Fees and Costs ("Motion"), the Funeral Home has not filed an Appearance or a responsive pleading to the Complaint.
7. On July 23, 2014, First Allmerica filed an Affidavit of Process Server, regarding proof of service on July 16, 2014 of the Summons, Complaint, and Order granting the Motion to Deposit and the Motion for Restraining Order on Defendant Dorothy McDonald ("McDonald"). (Doc. #13).
8. McDonald's responsive pleading to the Complaint was due August 6, 2014. McDonald submitted a letter to this Court dated August 5, 2014 (Doc. # 17), which stated:
I Dorothy McDonald agree with Exhibit D (Funerals [sic] Funding Center reassignment form). I on my own free will re-assigned funds to Fountain Jordan Shepherd [sic] funeral home on September 17, 2013.
I Dorothy McDonald as of this day have no claim to the funds assigned to her by Michelle Young.
On August 27, 2014, this Court entered an Order of Default as against McDonald. (Doc. # 18).
9. As of the date of First Allmerica's Motion, McDonald has not filed an Appearance or a responsive pleading to the Complaint.
10. On August 5, 2014, First Allmerica filed an Affidavit of Process Server, regarding proof of service on July 26, 2014 of the Summons and Complaint on Defendant B.E., a minor ("B.E."). (Doc. #16).
11. On September 23, 2014, this Court granted First Allmerica's Motion to Appoint Barry English as Guardian Ad Litem for B.E., and ordered that his response to the Complaint was due by October 28, 2014. (Doc. ## 22, 24).
12. Barry English was served with the Complaint on September 29, 2014, and with the Order appointing him Guardian Ad Litem for B.E. on October 2, 2014. True and correct copies of the proofs of service for those dates are attached hereto as Group Exhibit 1.
13. On October 28, 2014, Barry English filed a completed Appearance Form for Pro Se Litigants. (Doc. # 26).
14. Also on October 28, 2014, Barry English filed a Motion to Extend Time to Answer, but did not specify the amount of time requested or schedule the motion for a hearing. (Doc. # 25).
15. As of the date of this Motion, this Court has not yet ruled on Barry English's Motion to Extend Time, and Barry English has not filed a responsive pleading to the Complaint on behalf of B.E.
16. This Declaration, with respect to the attorneys' fees and costs First Allmerica seeks is based on my personal knowledge of the facts stated herein or those facts as they appear in the business records of Chittenden, Murday & Novotny LLC. These records were kept in the ordinary course of the regularly conducted business activity of Chittenden, Murday & Novotny LLC, were compiled or input by persons with actual, first-hand knowledge, and it was and is the regular practice of the firm to keep such records, including, specifically, time records kept by attorneys with the firm and costs and expense records kept by firm personnel. My firm and I routinely rely on such records in usual course of the firm's business activities.
17. In this lawsuit, First Allmerica seeks and award of attorneys' fees and costs in this matter in the amount of $13,574.77. An itemization of the attorneys' fees and costs is attached hereto as Exhibit 2.
I declare under penalty of perjury that the foregoing is true and correct.
Dated: November 24, 2014
s/ Craig M. Bargher
Craig M. Bargher
CHITTENDEN, MURDAY &
NOVOTNY LLC
303 West Madison Street, Suite 1400
Chicago, Illinois 60606
(312) 281-3600
(312) 281-3678 (Fax)
cbargher@cmm-law.com
EXHIBIT 1
EXHIBIT 2
ATTORNEYS' FEES AND COSTS
Date Biller Hours Amount Description
11/19/13 CMB .20 $ 55.00 Conference with DFS re: case assignment.
(Senior
Associate-$275/hr)
11/19/13 DFS 1.10 $357.50 Conference with client re: possible interpleader;
(Member-$325/hr) conference with CMB re: assignment; conflicts
check; open file.
11/20/13 CMB 2.1 $577.50 File review in preparation for analysis letter to
client.
11/21/13 CMB 2.2 $605.00 Continue draft analysis letter to client;
communication with DFS re: same.
11/22/13 CMB .1 $ 27.50 Finalize analysis letter to client.
11/26/13 CMB .1 $ 27.50 Communication with client re: case strategy.
12/05/13 DFS .2 $ 65.00 File review for status, handling.
12/09/13 CMB .1 $ 27.50 Communication with DFS re: litigation strategy.
12/13/13 CMB .4 $110.00 Telephone conference with the Funeral Funding
Center, Inc., re: status of assignment.
12/23/13 CMB .2 $ 55.00 Communications with client re: case status.
01/06/14 CMB .1 $ 27.50 Telephone conference with the Fountain-Jordan-Shepard
Funeral Home, Inc., re: purported
assignment.
01/08/14 CMB 1.2 $330.00 Telephone conference with the Fountain-Jordan-Shepard
Funeral Home, Inc.re: assignment form;
conference with DFS re: results of telephone
conference with the Fountain-Jordan-Shepard
Funeral Home, Inc.; analysis of potential
interpleader; communication with client re:
litigation strategy.
01/08/14 VSI
(Paraglegal-$95/hr) 3.2 $294.50 Conduct research on decedent's grandson
(beneficiary of Michelle Young) and prepare results
for attorney review.
01/09/14 CMB .1 $ 27.50 Communication from client approving litigation
strategy.
01/23/14 CMB .9 $247.50 Telephone conference with the Fountain-Jordan-Shepard
Funeral Home, Inc., re: follow-up request
for information regarding invoice and contacting
decedent's son; conference with DJN re: strategy
for naming defendant absent knowledge of whether
a minor or adult; review research re: locating
decedent's son.
1/23/14 DJN
(Member-$335/hr) .5 $167.50 Conference with CMB re: strategy in light of
uncertain status/location of decedent's grandson.
01/24/14 CMB .4 $110.00 Telephone conference with the Fountain-Jordan-Shepard
Funeral Home, Inc. re: locating the
decedent's son; telephone conference with
decedent's son, re: assignment form and minor
status of decedent's grandson.
01/29/14 CMB .1 $ 27.50 Communication with client re: case status.
01/30/14 CMB 3.2 $880.00 Draft Complaint and prepare exhibits.
02/04/14 DFS .2 $ 65.00 File review for status and handling.
02/05/14 DFS .6 $195.00 Conference with CMB re: status and handling;
review and revise draft complaint.
02/06/14 CMB .2 $ 55.00 Telephone conference with client re: case strategy.
02/11/14 CMB .1 $ 27.50 Telephone conference with client re: proper
plaintiffs for Complaint.
02/27/14 CMB 1.2 $330.00 Communication with client re: naming proper
parties to Complaint; legal research and analysis re:
same.
03/03/14 CMB .4 $110.00 Telephone conference with DFS re: litigation
strategy; communication with client re: litigation
strategy.
03/04/14 CMB .3 $ 82.50 Communications with client re: identifying proper
plaintiffs in interpleader action.
03/17/14 CMB .2 $ 55.00 Communications with client re: status of
communications with the Plan re: representing the
Plan in the litigation.
03/28/14 CMB .2 $550.00 Telephone conference with Human Resources
department at Wilmer Hale re: potential
representation of the ERISA Plan.
04/03/14 CMB .5 $137.50 Telephone conference with and communication
with Deputy General Counsel at Wilmer Hale re:
potential addition of ERISA Plan as a plaintiff in
interpleader.
04/03/14 DFS .2 $ 65.00 File review for status and handling.
04/14/14 CMB .1 $ 27.50 Communication with attorney at Wilmer Hale re:
status of HaleDorr ERISA plan.
04/16/14 CMB .2 $ 55.00 Telephone conference with Deputy General
Counsel at Wilmer Hale r: interpleader action.
04/24/14 CMB .1 $ 27.50 Conference with D. Schmidt re: status of
interpleader.
04/30/14 CMB .3 $ 82.50 Communications with client re: litigation strategy.
05/13/14 CMB .5 $137.50 Revise Complaint; communication with client
attaching complaint.
05/14/14 DFS .2 $ 65.00 File review for status and handling.
05/15/14 CMB .1 $ 27.50 Communication with client re: revised complaint.
05/19/14 CMB .2 $ 55.00 Communications with client re: case status.
05/20/14 CMB .2 $ 55.00 Communications with counsel for Wilmer Hale re:
confirmation that Plan will not be named in lawsuit.
05/22/14 CMB 2.8 $770.00 Finalize Complaint and exhibits and related
pleadings for filing in court.
05/22/14 DKT
(Docket-$75/hr) .5 $ 37.50 Court Appearance: deliver courtesy copies of
Complaint, Appearance and Motions to Judge.
05/23/14 CMB .2 $ 55.00 Communications with client attaching file-stamped
copies of Complaint and related filings.
06/02/14 CMB .2 $ 55.00 Telephone conference with parent of minor
defendant re: Complaint.
06/10/14 DFS .2 $ 65.00 File review for status and handling.
06/24/14 CMB .2 $ 55.00 Telephone conference with counsel for Rosenberg,
FFC, Inc. re: waiver of claim to proceeds.
06/25/14 CMB 1.1 $302.50 Court Appearance: attend hearing on Motion to
Deposit Admitted Liability and Ex Parte motion for
Restraining Order.
06/30/14 CMB .2 $ 55.00 Communication with client re: case status.
07/01/14 DFS .2 $ 65.00 File review for status and handling.
07/02/14 CMB .4 $110.00 Conference with paralegal re: confirming address
for D. McDonald for purposes of service of process;
review court orders granting Motion to Deposit and
Motion for Restraining Order.
07/02/14 VSI .4 $ 38.00 Conduct research on Dorothy A. McDonald for
service address of complaint for process server.
07/07/14 CMB 1.1 $302.50 Legal research re: obtaining attorneys' fees in
interpleader action; communication with client re:
analysis of research re: same.
07/10/14 CMB .6 $165.00 Communications with counsel for the Funeral
Funding Center, Inc., re: potential release; review
sample release; conference with D. Schmidt re:
potential release.
07/14/14 CMB .1 $ 27.50 Communication with client re: case status.
07/23/14 CMB .1 $ 27.50 Communication with client re: litigation strategy.
07/25/14 CMB .1 $ 27.50 Communication with client re: litigation strategy.
07/31/14 CMB 1.2 $330.00 Court Appearance: attend status hearing;
communication with client re: results of status
hearing.
08/01/14 CMB .1 $ 27.50 Telephone conference with adverse claimant re:
filing Answer to Complaint.
08/04/14 DFS .2 $ 65.00 File review for status and handling.
08/05/14 CMB .2 $ 55.00 Review court's minute entries scheduling status
hearing and setting responsive pleading deadline for
minor defendant.
08/06/14 DKT .5 $ 37.50 Court Appearance: deposit funds with clerk of
court.
08/13/14 CMB .2 $ 55.00 Conference with DFS re: case status.
08/14/14 CMB 1.2 $330.00 Review Complaint for proposed release and draft
proposed release for Funeral Funding Center, Inc.;
communication with Funeral Funding Center, Inc.'s
attorney re: draft proposed release.
08/15/14 CMB .1 $ 27.50 Communication from counsel for Funeral Funding
Center, Inc. re: release.
08/19/14 CMB .1 $ 27.50 Communication with client attaching draft Release
for Funeral Funding Center.
08/20/14 CMB .2 $ 55.00 Communication with client re: client's approval of
draft release for Funeral Funding Center; review
correspondence from D. McDonald re: Complaint.
08/27/14 CMB 1.2 $330.00 Court Appearance: attend status hearing;
communication with client re: results of status
hearing.
08/28/14 CMB .2 $ 55.00 Communication with counsel for Funeral Funding
Center, Inc. re: obtaining signed release; conference
with associate re: drafting Motion to Appoint
Guardian Ad Litem.
08/29/14 KEL 1.7 $331.50 Research re: procedure for appointment of Guardian
(Associate-$195/hr) Ad Litem.
09/02/14 CMB 1.2 $330.00 Telephone conference with Defendant minor's
father re: consenting to the Guardian Ad Litem;
legal research for Motion to Appoint Guardian Ad
Litem; revise Motion to Appoint Guardian Ad
Litem.
09/03/14 CMB .1 $ 27.50 Review Order defaulting certain defendants and
scheduling status hearing.
09/09/14 DFS .2 $ 65.00 Conference with C. Bargher re: status and handling.
09/13/14 CMB .1 $ 27.50 Communication with counsel for Funeral Funding
Center re: status of Release.
09/15/14 CMB .5 $137.50 Communications with counsel for Funeral Funding
Center, Inc. re: status of Release; draft Rule 41
Notice of Dismissal of Funeral Funding Center,
Inc.; finalize Motion for Appointment of Guardian
Ad Litem.
09/15/14 DKT .5 $37.50 Court Appearance: deliver courtesy copies of Rule
41 Motion to Dismiss and Motion to Appoint
Guardian Ad Litem with Court.
09/16/14 CMB .1 $ 27.50 Communication with client attaching Motion to
Appoint Guardian Ad Litem and Notice of
Dismissal.
09/23/14 CMB 1.1 $302.50 Court Appearance: attend hearing on Motion to
Appoint Guardian Ad Litem.
09/26/14 CMB .3 $ 82.50 Review court's docket entry appointing Guardian
Ad Litem; conference with paralegal re: effecting
service of docket entry on Guardian Ad Litem;
communication with client re: appointment of
Guardian Ad Litem.
09/26/14 VSI 1.5 $142.50 Prepare all paperwork; hire process service in
Massachusetts, negotiate payment, make online
payment to process server through Paypal re:
service of order/complaint and letter on minor
Defendant's father.
09/29/14 CMB .1 $ 27.50 Communications with client attaching court Order
dismissing Rosenberg FFC, Inc.
09/30/14 VSI .7 $ 66.50 Handle coordination of service on minor
Defendant's father in Somerville, Massachusetts of
Order entered recently in case.
10/01/14 DFS .2 $ 65.00 File review for status and handling.
10/02/14 VSI .2 $ 19.00 Follow-up with process server re: second service on
minor Defendant's father.
10/03/14 CMB .2 $ 55.00 Communications with client re: contacting funeral
home.
10/07/14 CMB .3 $ 82.50 Telephone conference with L. Edwards at the
Fountain-Jordan Funeral Home, Inc.; telephone
conference with attorney for funeral home.
10/10/14 CMB .2 $ 55.00 Telephone conference with attorney for the
Fountain-Jordan Funeral Home, Inc.
10/21/14 CMB .2 $ 55.00 Telephone conference with Guardian Ad Litem re:
filing Response to Complaint.
10/27/14 CMB .8 $220.00 Preparation for status hearing; communication with
Guardian Ad Litem re: filing his
appearance/responsive pleading; telephone
conference with Guardian Ad Litem re: status
hearing.
10/28/14 CMB 2.2 $605.00 Court Appearance: attend status hearing; telephone
conference with office of Fountain-Jordan-Shepard
Funeral Home's attorney re: status of filing of
appearance; communication with client re: status
hearing; conference with DFS re: litigation strategy.
10/30/14 CMB .2 $ 55.00 Receive and review Appearance and Motion for
Extension of Time to File Answer by Guardian Ad
Litem.
$400.00 Court filing fee — Complaint.
$232.50 Personal service of Summons and Complaint on
Dorothy McDonald and the Fountain-Jordan-Shepard
Funeral Home, Inc.
$185.00 Personal service of Summons and Complaint on
minor Defendant.
$162.77 Personal service of Complaint, court's docket text,
and court Order on minor Defendant's father.
TOTAL ATTORNEYS' FEES AND COSTS: $13,574.77
