FILED: NEW YORK COUNTY CLERK 10/12/ :08 PM INDEX NO /2017 NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 10/12/2017 EXHIBIT A

Transcription

1 EXHIBIT A

2 Page 1 of 4 Attorneys at Law One Canalside 125 Main Street Buffalo, NY Telecopier # (716) (716) FED I.D. # Essex Lake Group, LLC Thomas A. Cash 111 Broadway #705 New York, NY Invoice Number Invoice Date Client Number Matter Number E S Bloomberg /08/ Re: ESSEX LAKE GROUP, LLC VS. RUNEWITSCH, J.J. - CONTRACT LITIGATION FOR PROFESSIONAL SERVICES RENDERED THROUGH FEBRUARY 28, 2017: 02/01/17 ESB s and conference with R-W regarding factual basis for claim /02/17 ESB s K Wheelous regarding termination letter to Runewitsch via overnight courier and work on same; s with R-W regarding service under Hague convention, jurisdiction in federal court, Runewitsch assets in US 02/02/17 R-W Review Accurint search results seeking information/property records for JJ Runewitsch 02/03/17 ESB Finalize letter Runewitsch, delivery of same 02/06/17 ESB s regarding letter delivered, commencement of law suit

3 31331 Essex Lake Group, LLC Invoice Number Essex Lake Group, LLC vs. Runewitsch, J. Page 2 of 4 March 8, /06/17 R-W Research appropriate causes of action , and draft complaint 02/07/17 R-W Research appropriate causes of action and draft complaint 02/07/17 R-W Draft to and review response from K. Wheelous re: clarifications of facts underlying complaint , /08/17 ESB Work on complaint /08/17 R-W Research requirements for proper service in Switzerland under Hague Convention , /08/17 R-W Review and revise Complaint /09/17 ESB Work on revised complaint and s regarding same /09/17 R-W Review and revise complaint /09/17 R-W Draft to K. Wheelous to provide draft of complaint for his review 02/17/17 R-W Review from K. Wheelous re review of draft complaint 02/22/17 R-W Review from K. Wheelous confirming that Runewitsch did not return unearned commission by deadline and instruction to proceed with litigation 02/22/17 R-W Draft summons and Hague Convention Service documentation 02/27/17 R-W Compile documents for forwarding for translation

4 31331 Essex Lake Group, LLC Invoice Number Essex Lake Group, LLC vs. Runewitsch, J. Page 3 of 4 March 8, /28/17 ESB Work on Hague Convention notice to Swiss Authority regarding service; s regarding summons, complaint filed /28/17 SEO Electronically file summons and complaint 02/28/17 R-W Finalize litigation commencement documents for filing (summons, complaint, notice of commencement) 02/28/17 R-W Finalize request for service abroad of Judicial/Extrajudicial documents and litigation initiating documents for translation into Swiss Halian TIMEKEEPER TIME SUMMARY: Timekeeper Hours Rate Value ES Bloomberg 2.9 at , SE O'Brien 0.5 at R Weingarten 18.6 at , CURRENT FEES $7, FOR COSTS ADVANCED AND EXPENSES INCURRED: VALUE Overnight Courier CURRENT EXPENSES TOTAL AMOUNT OF THIS INVOICE $7,311.00

5 31331 Essex Lake Group, LLC Invoice Number Essex Lake Group, LLC vs. Runewitsch, J. Page 4 of 4 March 8, 2017 Summary of Account Receivable: DATE INV# LMS# AMOUNT PAYMENTS BALANCE PRIOR BALANCE DUE 0.00 TOTAL BALANCE DUE UPON RECEIPT $7, ***PAYMENT DUE UPON RECEIPT***

6 Page 1 of 3 Attorneys at Law One Canalside 125 Main Street Buffalo, NY Telecopier # (716) (716) FED I.D. # Essex Lake Group, LLC Thomas A. Cash 111 Broadway #705 New York, NY Invoice Number Invoice Date Client Number Matter Number E S Bloomberg /11/ Re: ESSEX LAKE GROUP, LLC VS. RUNEWITSCH, J.J. - CONTRACT LITIGATION FOR PROFESSIONAL SERVICES RENDERED THROUGH MARCH 31, 2017: 03/01/17 SEO Prepare request to service for translation of summons and complaint into Swiss Italian /09/17 R-W Review Swiss/Italian translated documents to confirm all documents needed have been translated and formatted correctly 03/17/17 SEO Various telephone conferences with translation service re translation of Exhibit 1 03/21/17 SEO Prepare report re service of summons and complaint 03/28/17 R-W Prepare litigation initiating documents for service

7 31331 Essex Lake Group, LLC Invoice Number Essex Lake Group, LLC vs. Runewitsch, J. Page 2 of 3 April 11, /28/17 R-W Draft to K. Wheelous providing update on receipt of translated documents /29/17 SEO Compile service copies of Summons and Complaint 03/29/17 R-W Finalize and execute documents for service in Switzerland via Hague Convention CURRENT FEES $1, FOR COSTS ADVANCED AND EXPENSES INCURRED: VALUE Duplicating 5.00 Index Number Translation Fees 2, CURRENT EXPENSES 2, TOTAL AMOUNT OF THIS INVOICE $3, Summary of Account Receivable: DATE INV# LMS# AMOUNT PAYMENTS BALANCE PRIOR BALANCE DUE 0.00 TOTAL BALANCE DUE UPON RECEIPT $3, ***PAYMENT DUE UPON RECEIPT***

8 31331 Essex Lake Group, LLC Invoice Number Essex Lake Group, LLC vs. Runewitsch, J. Page 3 of 3 April 11, 2017

9 Page 1 of 3 Attorneys at Law One Canalside 125 Main Street Buffalo, NY Telecopier # (716) (716) FED I.D. # Essex Lake Group, LLC Thomas A. Cash 111 Broadway #705 New York, NY Invoice Number Invoice Date Client Number Matter Number E S Bloomberg /12/ Re: ESSEX LAKE GROUP, LLC VS. RUNEWITSCH, J.J. - CONTRACT LITIGATION FOR PROFESSIONAL SERVICES RENDERED THROUGH APRIL 30, 2017: 02/01/17 R-W Review docs provided by Essex underlying initiation of litigation 02/01/17 R-W Research whether any jurisdictional predicate exists to file in federal court and whether attorney's fees provision of contract can factor into diversity jurisdiction 02/01/17 R-W Research whether Switzerland is signatory to Hague Convention 04/07/17 R-W Confirm receipt of litigation initiating documentation by Swiss authorities pursuant to Hague Convention 04/21/17 SEO Prepare translation of response from Swiss Appellate Court

10 31331 Essex Lake Group, LLC Invoice Number Essex Lake Group, LLC vs. Runewitsch, J. Page 2 of 3 May 12, /21/17 R-W Review of documents served by Swiss Consular authorities re our attempt to serve Runewitsch under Hague Convention /21/17 R-W Research personal addresses for Runewitsch in England 04/21/17 R-W Research propriety of service on Runewitsch at his business address under Hague Convention 04/24/17 R-W exchange with K. Wheelous re update on attempted service on Runewitsch in Switzerland and need for personal address in England 04/25/17 R-W exchange with K. Wheelous re Runewitsch's England address 04/28/17 R-W Research appropriate method of service of complaint in England under Hague Convention CURRENT FEES $2, FOR COSTS ADVANCED AND EXPENSES INCURRED: VALUE Overnight Courier Searches CURRENT EXPENSES TOTAL AMOUNT OF THIS INVOICE $2,472.62

11 31331 Essex Lake Group, LLC Invoice Number Essex Lake Group, LLC vs. Runewitsch, J. Page 3 of 3 May 12, 2017 Summary of Account Receivable: DATE INV# LMS# AMOUNT PAYMENTS BALANCE PRIOR BALANCE DUE 0.00 TOTAL BALANCE DUE UPON RECEIPT $2, ***PAYMENT DUE UPON RECEIPT***

12 Page 1 of 2 Attorneys at Law One Canalside 125 Main Street Buffalo, NY Telecopier # (716) (716) FED I.D. # Essex Lake Group, LLC Thomas A. Cash 111 Broadway #705 New York, NY Invoice Number Invoice Date Client Number Matter Number E S Bloomberg /12/ Re: ESSEX LAKE GROUP, LLC VS. RUNEWITSCH, J.J. - CONTRACT LITIGATION FOR PROFESSIONAL SERVICES RENDERED THROUGH MAY 31, 2017: 05/17/17 SEO Prepare service copies of the summons and complaint 05/17/17 SEO Prepare packages to Runewitsch, US Embassy in London and Royal Court of Justice in London 05/17/17 R-W Prepare and Finalize Hague Convention document for service in England on Runewitsch; Draft cover letter to accompany service documents to US Embassy 05/18/17 R-W exchange with K. Wheelous re update on service on Runewitsch CURRENT FEES $715.50

13 31331 Essex Lake Group, LLC Invoice Number Essex Lake Group, LLC vs. Runewitsch, J. Page 2 of 2 June 12, 2017 FOR COSTS ADVANCED AND EXPENSES INCURRED: VALUE Duplicating 2.10 Overnight Courier Postage CURRENT EXPENSES TOTAL AMOUNT OF THIS INVOICE $ Summary of Account Receivable: DATE INV# LMS# AMOUNT PAYMENTS BALANCE PRIOR BALANCE DUE 0.00 TOTAL BALANCE DUE UPON RECEIPT $ ***PAYMENT DUE UPON RECEIPT***

14 Page 1 of 4 Attorneys at Law One Canalside 125 Main Street Buffalo, NY Telecopier # (716) (716) FED I.D. # Essex Lake Group, LLC Thomas A. Cash 111 Broadway #705 New York, NY Invoice Number Invoice Date Client Number Matter Number E S Bloomberg /18/ Re: ESSEX LAKE GROUP, LLC VS. RUNEWITSCH, J.J. - CONTRACT LITIGATION FOR PROFESSIONAL SERVICES RENDERED THROUGH JUNE 30, 2017: 06/01/17 R-W Review of correspondence from U.S. Embassy in England re transmittal of service documents to England's Central Authority for service; exchange with K. Wheelous re correspondence from U.S. Embassy /06/17 R-W Draft motion to extend time to serve Runewitsch pursuant to CPLR 306-b 06/06/17 R-W exchange with K. Wheelous re source of Runewitsch's new service address 06/07/17 ESB Work on motion to extend time to complete service and s regarding same ,

15 31331 Essex Lake Group, LLC Invoice Number Essex Lake Group, LLC vs. Runewitsch, J. Page 2 of 4 July 18, /07/17 SEO Prepare affidavit of service of case initiating documents upon Swiss Central Authority (Tribunale di Appella) /07/17 R-W Draft motion for extension of time to serve Runewitsch pursuant to CPLR 306-b 06/07/17 R-W exchange with K. Wheelous re motion to extend time for service on Runewitsch 06/08/17 R-W Revise motion for extension of time to serve Runewitsch pursuant to CPLR 306-b 06/14/17 R-W Review cite check, and finalize motion to extend time to serve Runewitsch under CPLR 306-b 06/15/17 ESB s regarding status, Runewitsch claim Essex retained funds it was not entitled to 06/15/17 SEO Electronically file Ex Parte application to extend time to serve process , /15/17 SEO Prepare affidavit of service /15/17 R-W s motion papers to Runewitsch; Review from Runewitsch re merits of case and forward to K. Wheelous 06/16/17 ESB s, conference with R-W regarding effect of Cummings conversation with Lapithus CEO 06/16/17 R-W s exchange with K. Wheelous re Runewitsch's claim that Essex knew of Chase bank error; Conferred with ESB re same; Draft to Runewitsch re request for improperly retained funds

16 31331 Essex Lake Group, LLC Invoice Number Essex Lake Group, LLC vs. Runewitsch, J. Page 3 of 4 July 18, /20/17 R-W Review of Court's grant of order to extend time to serve Runewitsch; Forwarding of order to K. Wheelous 06/26/17 R-W Review affidavits of service from British authorities re service of process on Runewitsch in London, England; K. Wheelous re update on service 06/27/17 SEO Electronically file affidavit of service of summons and complaint CURRENT FEES $6, FOR COSTS ADVANCED AND EXPENSES INCURRED: VALUE Filing Fee Overnight Courier CURRENT EXPENSES TOTAL AMOUNT OF THIS INVOICE $6, Summary of Account Receivable: DATE INV# LMS# AMOUNT PAYMENTS BALANCE PRIOR BALANCE DUE 0.00 TOTAL BALANCE DUE UPON RECEIPT $6,381.79

17 31331 Essex Lake Group, LLC Invoice Number Essex Lake Group, LLC vs. Runewitsch, J. Page 4 of 4 July 18, 2017 ***PAYMENT DUE UPON RECEIPT***

18 Page 1 of 2 Attorneys at Law One Canalside 125 Main Street Buffalo, NY Telecopier # (716) (716) FED I.D. # Essex Lake Group, LLC Thomas A. Cash 111 Broadway #705 New York, NY Invoice Number Invoice Date Client Number Matter Number E S Bloomberg /14/ Re: ESSEX LAKE GROUP, LLC VS. RUNEWITSCH, J.J. - CONTRACT LITIGATION FOR PROFESSIONAL SERVICES RENDERED THROUGH JULY 31, 2017: 07/21/17 ESB s regarding motion for default judgment 07/24/17 R-W Draft motion for default judgment /25/17 R-W Draft motion for default judgment /26/17 R-W Draft motion for default judgment /27/17 SEO Prepare 3215(g) affidavit /27/17 R-W Draft default judgment motion /28/17 R-W Internal conferral with ESB re request for attorney's fees in motion for default judgment and obtaining internal documents in support of same CURRENT FEES $1,650.00

19 31331 Essex Lake Group, LLC Invoice Number Essex Lake Group, LLC vs. Runewitsch, J. Page 2 of 2 August 14, 2017 FOR COSTS ADVANCED AND EXPENSES INCURRED: VALUE Postage 6.04 CURRENT EXPENSES 6.04 TOTAL AMOUNT OF THIS INVOICE $1, Summary of Account Receivable: DATE INV# LMS# AMOUNT PAYMENTS BALANCE PRIOR BALANCE DUE 0.00 TOTAL BALANCE DUE UPON RECEIPT $1, ***PAYMENT DUE UPON RECEIPT***

20 Page 1 of 2 Attorneys at Law One Canalside 125 Main Street Buffalo, NY Telecopier # (716) (716) FED I.D. # Essex Lake Group, LLC Thomas A. Cash 111 Broadway #705 New York, NY Invoice Number Invoice Date Client Number Matter Number E S Bloomberg /11/ Re: ESSEX LAKE GROUP, LLC VS. RUNEWITSCH, J.J. - CONTRACT LITIGATION FOR PROFESSIONAL SERVICES RENDERED THROUGH AUGUST 31, 2017: 08/28/17 R-W exchange with K. Wheelous re update on matter and intent to draft and file motion for default judgment /29/17 R-W Draft default judgment motion and supporting documents; Research case law supporting award of attorney's fees on default judgment on basis of contract at issue , CURRENT FEES $1, FOR COSTS ADVANCED AND EXPENSES INCURRED: VALUE Filing Fee 7.75

21 31331 Essex Lake Group, LLC Invoice Number Essex Lake Group, LLC vs. Runewitsch, J. Page 2 of 2 September 11, 2017 VALUE CURRENT EXPENSES 7.75 TOTAL AMOUNT OF THIS INVOICE $1, Summary of Account Receivable: DATE INV# LMS# AMOUNT PAYMENTS BALANCE PRIOR BALANCE DUE 0.00 TOTAL BALANCE DUE UPON RECEIPT $1, ***PAYMENT DUE UPON RECEIPT***

22 Page 1 of 2 Attorneys at Law One Canalside 125 Main Street Buffalo, NY Telecopier # (716) (716) FED I.D. # Essex Lake Group, LLC Thomas A. Cash 111 Broadway #705 New York, NY Invoice Number Invoice Date Client Number Matter Number E S Bloomberg /10/ Re: ESSEX LAKE GROUP, LLC VS. RUNEWITSCH, J.J. - CONTRACT LITIGATION FOR PROFESSIONAL SERVICES RENDERED THROUGH SEPTEMBER 30, 2017: 09/13/17 R-W Draft motion for default judgment and supporting papers, including attorney affirmations and K. Wheelous affidavit , CURRENT FEES $1, TOTAL AMOUNT OF THIS INVOICE $1, LESS CREDITS APPLIED TO INVOICE NET AMOUNT OF THIS INVOICE $1,039.00

23 31331 Essex Lake Group, LLC Invoice Number Essex Lake Group, LLC vs. Runewitsch, J. Page 2 of 2 October 10, 2017 Summary of Account Receivable: DATE INV# LMS# AMOUNT PAYMENTS BALANCE PRIOR BALANCE DUE 0.00 TOTAL BALANCE DUE UPON RECEIPT $1, ***PAYMENT DUE UPON RECEIPT***