UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

Transcription

1 Case 2:08-cv R -E Document 76 Filed 05/31/11 Page 1 of 5 Page ID #:984 Perrin F. Disner (SBN A LAW OFFICES OF PERRIN. DISNER 1855 Camden Avenue, Suite 3 Los Angeles, California Telephone: 310) Facsimile: (!3 88) Alan Harris (SBN David Zelenski A SBN ) HARRIS & RU LE 6424 Santa Monica Boulevard Los Angeles, California Telephone: 323) Facsimile: ( 23) \- - I aharris@ harrisandruble~com dzelenski@ harrisandruble. com Attorneys for Plaintzfls UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA STEPHEN STETSON, SHANE LAVIGNE. CHRISTINE LEIGH BROWN-ROBERTS, VALENTIN YURI KARPENKO, and JAKE JEREMIAH FATHY. individuallv and on behalf of all others similarly situited, Plaintiffs, WEST PUBLISHING CORPORATION, a Minnesota co oration dba BARIBRI, and KAPLAN,?kc., Defendants. Case No. CV R (Ex) DECLARATION OF PERRIN F. DISNER IN SUPPORT OF PLAINTIFFS' MOTION FOR FINAL APPROVAL OF CLASS-ACTION SETTLEMENT AND AWARD OF ATTORNEYS' &EES AND REIMBURSEMENT OF COSTS Date: June 20,201 1 Time: 1 1 :00 a.m. Courtroom: 8 Assigned to Hon. Manuel L. Real PERRIN F. DISNER declares under penalty of perjury of the laws of the United States and the State of California as follows: 1. I am a member in good standing of the State Bar of California and am one of the attorneys for Plaintiffs in the within action. I make this Declaration in Support of 1 DECL. OF PERRIN F. DISNER IN SUPP. OF PLS.' MOT. FOR FINAL APPROVAL -OF SETTLEMENT

2 Case 2:08-cv R -E Document 76 Filed 05/31/11 Page 2 of 5 Page ID #:985 Plaintiffs' Motion for Final Approval of Class-Action Settlement and Plaintiffs' Motion for an Award of Attorneys' Fees. If sworn as a witness, I could competently testify to each and every fact set forth herein from my own personal knowledge. 2. I have been and am licensed as an attorney in California since I am a graduate of the University of Michigan (A.B. 2002, J.D. 2006). I worked as a Summer Associate at Milberg Weiss and Van Etten Suzomoto and Beckett. After graduation from law school, I was hired at Harris & Ruble, where I worked until November 2007, when I left to join my father Eliot Disner at the Disner Law Corporation (hereinafter "DLC"). I worked with my father at DLC until his death in April 2009, after which my mother, on the advice of her probate attorney, directed (a) that DLC be dissolved, (b) that I notify Class Representatives herein (and all other clients of DLC) of my father's death, (c) that I start my own practice, the Law Offices of Perrin F. Disner, in order to (d) execute new representation agreements with DLC's clients and see their matters through, in order for (e) my father's estate to collect DLC's fees. Thus, the Law Offices of Perrin F. Disner continues the work of DLC for the benefit of the estate of Eliot Disner, but more importantly for the benefit of the zealous pro-competition antitrust principles of Eliot Disner, and for the benefit of the enormous Class of young lawyers victimized by a stagnant monopolistic marketplace that so offended him, as it does me. 3. Attached hereto as Exhibit 1 are detailed records of the time spent by DLC and the Law Offices of Perrin F. Disner in initiating the present case, litigating the action in the District Court and at the Ninth Circuit Court of Appeals, preparing for and attending hearings, reviewing multitudinous documents, drafting motions and appeals, preparing for and attending mediation, negotiating the settlement, and preparing the settlement documents, preliminary approval, and final approval. As discussed in detail in the Memorandum of Points and Authorities in Support of Plaintiffs' Motion for Award of Attorney's Fees and Reimbursement of Costs, filed and served herewith, the Law Offices of Perrin F. Disner (on its own behalf and on behalf of the estate of Eliot Disner) and Harris & Ruble (hereinafter collectively "Plaintiffs' Counsel") seek attorneys' fees and 2 DECL. OF PERRIN F. DISNER IN SUPP. OF PLS.' MOT. FOR FINAL APPROVAL -OF SETTLEMENT

3 Case 2:08-cv R -E Document 76 Filed 05/31/11 Page 3 of 5 Page ID #:986 reimbursement of costs on account of the settlements with West Publishing Corp. ("West") and Kaplan, Inc. ("Kaplan"). The requested fees will include compensation for all additional work in this case, including appearing at the hearing for final approval of the settlement, dealing with any inquiries from Class Members, and attending to related administrative matters. The costs and expenses are in part detailed at the end of Exhibit During the course of this case, the following employees of DLC made substantial contributions: a. Eliot G. Disner graduated from the University of Michigan (A.B., Phi Beta Kappa 1969) and Harvard Law School (J.D. 1972). He was the principal of DLC, and highly regarded as an Antitrust specialist, having won multimillion dollar jury verdicts andlor achieved sizable settlements in numerous complex cases, and having published abundant articles and books, including 4 editions of his well-received Antitrust Law For Business Lawyers: Questions, Answers, Law & Commentaw. In this matter, he was lead counsel until his death in April 2009, by which time he had spent approximately hours in litigation of this case, beginning with the dismissal of his predecessor case, Schall v. West. In this application, it is appropriate to use a market rate of $800 for his work on the present case based on his expertise and reputation. b. Joel Bennett is a graduate of the University of Arizona (B.A. 1961, J.D. 1964) and a member of the State Bar of California since He is an Antitrust specialist who has obtained multimillion dollar jury verdicts and sizable settlements on behalf of Plaintiffs throughout his career. He was 'of counsel' to DLC from November April 2009, and is now 'of counsel' to the Law Offices of Perrin F. Disner. At this stage of his career, his expertise increasingly attracts other litigators, who associate him as last-minute lead counsel on the eve of their trials. Mr. Bennett spent 15.6 hours in litigation of this case. Given his long career and abundant experience, especially in the area of complex Antitrust 3 DECL. OF PERRIN F. DISNER IN SUPP. OF PLS.' MOT. FOR FINAL APPROVAL -OF SETTLEMENT

4 Case 2:08-cv R -E Document 76 Filed 05/31/11 Page 4 of 5 Page ID #:987 litigation, he delivers great value to this Plaintiff Class at a conservative market rate of $400. c. Fredricka Ung is a graduate of UCLA (B.S. 2004) and University of Minnesota Law School (JD 2007), where she made the Dean's List and served as Managing Editor of the Law Review and Technical Editor of the Constitutional Commentary Journal. Her first job out of law school was at DLC, where she was an extremely valuable and hard-working Associate from October 2007 through April Ms. Ung was admitted to the State Bar of California in November of She spent hours in litigation of this case. Ms. Ung's DLC rate of $245 was below average for an associate in Los Angeles. d. I, Perrin F. Disner (see Par. 2 hereinabove), was not yet admitted to the California Bar when I joined DLC and began working on the present case. As such, my DLC rate as a Law Clerk, prior to my swearing-in, was $195. Upon my October 2008 swearing-in, DLC raised my rate to $245, below average for an associate in Los Angeles, particularly given that my breadth of experience at the time was greater than most new bar-admittees, considering how long and how closely I had worked at the right hand of my father on everything he did, including Antitrust disputes, nationwide class actions, and diverse other complex matters. A year later, in October 2009, operating as the Law Offices of Perrin F. Disner, I raised my rate by $50, to $295 per hour. A year after that, in October 2010, I raised my rate another $50 to its present level, $345 per hour. I have thus utilized four different hourly rates within the attached Exhibit 1, reflecting my increasing experience, skill and reputation since the genesis of the present case in December Here, work rates range from $195 per hour for me (for 10+ months before I was swornin) to $800 per hour for the late Eliot Disner. 5. It is my practice at the Law Offices of Perrin F. Disner, as it was the policy of DLC, that all professional time be recorded on a contemporaneous basis. The 4 DECL. OF PERRIN F. DISNER IN SUPP. OF PLS.' MOT. FOR FINAL APPROVAL -OF SETTLEMENT

5 Case 2:08-cv R -E Document 76 Filed 05/31/11 Page 5 of 5 Page ID #:988 recitation of professional time and expenses in this Declaration is derived from contemporaneously maintained records. At DLC, Eliot Disner regularly and assiduously reviewed the time and expense records of employees. I have reviewed all of the records attached as Exhibit 1, and I believe them to accurately yet conservatively represent the time productively and necessarily spent in the prosecution of this case. 6. Notably, after the Complaint was filed, Kaplan finally did take baby steps toward entering the relevant market - some 11 years after allegedly dividing the market with Bar/Bri - when it began to publicize and prepare to offer full-service bar review courses beginning later that year (albeit only in three states). Presently, Kaplan offers its full-service bar review course in some twenty-six states. With the Discount Certificate settlement and its long established presence in the market for this sort of special examination preparation course, it would appear that this case has succeeded in launching real competition in the relevant market at issue in this case. I have read the foregoing, and the facts set forth therein are true and correct of my own personal knowledge. Executed May 31,2011, in the County of Los Angeles, State of California. Perrin F. Disner 5 DECL. OF PERRIN F. DISNER IN SUPP. OF PLS.' MOT. FOR FINAL APPROVAL -OF SETTLEMENT

6 Case 2:08-cv R -E Document 76-1 Filed 05/31/11 Page 1 of 11 Page ID #:989 Date P.F. Disner Rate E.G. Disner Rate J.R. Bennett Rate F. Ung Rate Description of Hours Worked: $195/hr $800/hr $400/hr $245/hr 12/17/ $ $1, $ Conf w co-counsels at District Court after dismissal of Schall. 12/17/ $ $ $ Tel conf & correspondence with potential class rep; draft retainer agreement. 12/17/ $1, $ Prepare class action complaint. 12/18/ $ $ $ Tel conf & exchange with potential class rep (PFD); prepare complaint; Bennett & Harris (FU). 12/19/ $1, Prepare complaint (FU); inter-office conference. 12/20/ $1, Prepare complaint (FU); tel conv w/ co-counsel. 12/21/ $ $ exchanges with potential class reps. 12/24/ $ exchanges with potential class reps. 12/26/ $ $73.50 Tel conf & exchanges with potential class reps & co-counsel. 12/27/ $ $24.50 Tel conf & exchanges with potential class reps & co-counsel. 12/28/ $ $ Tel conf & exchange with potential class rep; draft retainer agreement; revise complaint (FU). 12/30/ $ $ Prepare class action complaint; exchange with potential class rep. 12/31/ $ $ Tel conf & exchanges with potential class reps. 1/2/ $ $2, $ Prepare complaint (EGD); tel conf & exchanges with potential class reps (PFD). 1/3/ $ $4, $ Prepare complaint; research & exchange with witness (PFD); exchanges with potential class reps (PFD). 1/4/ $ $4, $ Prepare complaint (EGD); inter-office conf re strategy; exchanges with potential class reps (PFD). 1/6/ $ $ exchanges with potential class reps; exchange with witness; research. 1/7/ $2, $ Prepare complaint (EGD). 1/8/ $ Prepare complaint & exchange emalis w/ co-counsel re same. 1/9/ $ $2, $ Research & exchange with potential class rep (PFD); prepare witness list & complaint (EGD). 1/10/ $ $2, Prepare witness list (EGD); tel conf & exchanges with class reps (PFD). 1/11/ $ $2, Prepare witness list (EGD); tel conf & exchanges with class reps (PFD). 1/14/ $ $ exchanges with potential class rep (PFD); office conf re: class rep statuses. 1/15/ $ $2, $ exchange with witnesses (EGD); exchange with client (PFD); tel conf with co-counsel re: strategy; prepare complaint. 1/16/ $ $2, Prepare complaint & witness list; office conf re class members. 1/17/ $ $1, $ Prepare complaint & witness list; exchanges with witnesses; exchange with clients (PFD). 1/18/ $ $1, exchanges with clients (PFD); office conf re: class rep statuses; prepare complaint. 1/21/ $ $2, Prepare complaint (EGD); exchange with client (PFD); research. 1/22/ $1, $ Prepare complaint & discovery. 1/23/ $ $ $ exchange with client (PFD); office conf re status; prepare complaint. 1/24/ $ $ Prepare complaint. 1/25/ $2, $ Prepare complaint & civil cover sheet; draft press release (FU). 1/26/ $2, Review status of class reps & complaint. 1/27/ $1, Confirm status of class reps. 1/28/ $ $ Check status of case; exchange with clients (PFD). 1/29/ $ Tel conf with client Fathy. 1/31/ $ $ exchange w/ co-counsel. 2/1/ $3, $ Prepare complaint. 2/2/ $ Prepare complaint.

7 Case 2:08-cv R -E Document 76-1 Filed 05/31/11 Page 2 of 11 Page ID #:990 2/4/ $2, $ Prepare complaint. 2/5/ $1, $ Prepare complaint; check status of class reps. 2/6/ $1, $ Prepare complaint; office conf re service; exchange w/ class rep LaVigne (FU). 2/7/ $1, Review filed complaint & court attachments. 2/8/ $1, Exchange s with clients; office conf re status. 2/11/ $ Review evidence. 2/13/ $49.00 Exchange w/ class reps re publicity; exchange w/ Jeff Joyce re motion to appoint DRS. 2/15/ $ Read court's rules. 2/19/ $ $73.50 Prepare proof of service. 2/20/ $ $49.00 Negotiate stip continuing answer. 2/21/ $ Negotiate stip to continue date to answer complaint. 2/22/ $1, $ Exchange s with opposing counsel, office conf re same. 2/26/ $ Review recent filings. 2/27/ $58.50 Resesarch strategies re Judge Real 2/28/ $73.50 Research defense counsel, tel conv w/ co-counsel re Opp to Mot to Transfer 2/29/ $ $1, $73.50 Plan strategy re Park settlement; research. 3/2/ $58.50 Tel conv with LaVigne & Stetson. 3/3/ $ $2, $ Co-counsel conf re strategy; prepare objection to Park settlement; tel conv w/ defense counsel & drafting class rep decs re same. 3/4/ $ $1, $1, Prepare objection to Park settlement & inter-office conf re same. 3/5/ $ $4, $1, Prepare objection to Park settlement; tel conv w/ class counsel in Park. 3/6/ $49.00 Tel conv w/ defense counsel re Park. 3/10/ $ exchange w/ class reps & defense counsel re objeciton to Park, prepare joint status conference report. 3/12/ $ $98.00 Research opp to mot to dismiss; review sanctions motion in Park (FU). 3/14/ $1, $ Review defendants' motion to dismiss, inter-office conf re same. 3/16/ $ Prepare opposition to motion to dismiss. 3/17/ $3, $1, Prepare opposition to motion to dismiss. 3/18/ $3, $1, Prepare opposition to motion to dismiss. 3/19/ $1, Prepare opposition to motion to dismiss. 3/20/ $3, $ Prepare opposition to motion to dismiss. 3/21/ $4, $1, Prepare opposition to motion to dismiss. 3/23/ $6, $ Prepare opposition to motion to dismiss. 3/24/ $ $1, Prepare & file opposition to motion to dismiss; tel conv w/ defense counsel, draft ex parte app and dec of FU (FU). 3/25/ $ $1, $1, Research & exchange of s with opposing counsel and co-counsel re Park settlement; research re intervention, draft proposed order re same (FU). 3/26/ $ $2, $ Prepare opposition to motion to dismiss; draft notice of errata, revise dec of EGD & e-file (FU). 3/27/ $1, Revise & review Reply to Opp to Ex Parte App, legal research re same. 3/31/ $ $ exchange with co-counsel re hearing; exchange w/ class rep Stetson, review defense reply to opp to mot to dismiss (FU). 4/1/ $ $ Tel conf w/ Joel Bennett re Stetson pleadings and 4/7/08 hearing, draft memo re: arguments defendant did not refute in preparation for 4/7/08 hearing, to Joel Bennett re:same (FU). 4/2/ $ $ $40.00 Prepare notice of filing of redacted opp to mtn to dismiss; exchange w/ co-counsel. 4/4/ $ $1, $ $ Prepare for argument, exchange w/ co-counsel.

8 Case 2:08-cv R -E Document 76-1 Filed 05/31/11 Page 3 of 11 Page ID #:991 4/7/ $ $ $ $ Office conf re argument; hearing re mtn to dismiss. 4/11/ $1, Prepare appeal brief. 4/21/ $2, Prepare appeal brief. 4/22/ $ $2, Prepare appeal brief; exchange with clients. 4/23/ $1, Prepare appeal brief. 5/5/ $ $ Exchange s with co-counsel re appeal. 5/6/ $ $ Exchange s &with co-counsel re appeal. 5/7/ $ $ $80.00 Prepare appeal brief & conf w/ co-counsel re same. 5/22/ $ $ $40.00 Exchange s with co-counsel re appeal. 5/24/ $ $ $40.00 Exchange s with co-counsel re appeal. 5/25/ $ $ $40.00 Exchange s with co-counsel re appeal. 5/26/ $ $ $40.00 Exchange s with co-counsel re appeal. 5/27/ $ $ $40.00 Exchange s with co-counsel re appeal. 6/7/ $ $ $40.00 Exchange with co-counsel; inter-office conf re settlement assessment. 6/10/ $80.00 Exchange with co-counsel re appeal, settlement. 7/10/ $ $40.00 Exchange with co-counsel; tel conv re mediation w/ AH (JRB). 7/11/ $40.00 Tel conv re mediation w/ AH. 7/13/ $ $ $ Exchange with co-counsel; tel conv re mediation w/ AH. 7/14/ $ $ Tel conf with 9th Circuit mediator, co-counsel, opposing counsel. 8/12/ $ $ Inter-office conf re strategy; exchange with co-counsel. 9/5/ $ $1, Inter-office conf re appeal; prepare appeal brief. 9/9/ $58.50 Conf with co-counsel re appeal steps. 9/9/ $ exchange with co-counsel. 9/15/ $ $80.00 Inter-office conf re appeal; prepare appeal brief. 9/16/ $ exchange with co-counsel. 9/29/ $ exchange, review docs with co-counsel. 9/29/ $19.50 Conf call w co-counsel re timeline. 10/1/ $ $ exchange with co-counsel. 10/6/ $ $ Tel conf & exchange with co-counsel re appeal brief. 10/13/ $ $ $40.00 Review voic from co-counsel. 10/15/ $ $ exchange with co-counsel. 10/16/ $ $ exchange with co-counsel. 10/17/ $ $80.00 Tel conf & exchange with co-counsel re extension of time to file appeal. 10/20/ $19.50 Exchange with co-counsel re extension of time. 10/22/ $ $ Prepare appeal brief; exchange with co-counsel. 10/27/ $ $ Exchange with co-counsel $9, PFD FEES SUBTOTAL AT $195/hour (@ rate) PFD HOURLY RATE INCREASE TO $245/hr 11/2/ $24.50 Exchange with co-counsel. 11/3/ $24.50 Exchange with co-counsel. 11/4/ $ $ Review appeal brief; inter-office conf. 11/6/ $ $ exchange with co-counsel & clients. 11/10/ $73.50 Research, tel conf with witness Rigos. 11/13/ $49.00 Meeting with co-counsel. 11/19/ $ $ exchange & meeting with co-counsel. 11/25/ $ $ exchange with co-counsel. 11/29/ $80.00

9 Case 2:08-cv R -E Document 76-1 Filed 05/31/11 Page 4 of 11 Page ID #:992 12/2/ $40.00 Tel conv w/ co-counsel. 12/8/ $ $ exchange with co-counsel. 12/11/ $ $ exchange with co-counsel. 12/16/ $ Prepare & file notice of appearance of counsel. 12/18/ $ $ exchange with co-counsel re appeal brief. 12/23/ $ exchange with opposing counsel re notice of appearance. 12/23/ $ $ exchange with co-counsel. 12/29/ $ $ Prepare Appellants' Reply brief; exchange & tel conf with co-counsel; 12/30/ $ Research FRAP and prepare request for extension of time to file Reply; tel conf & exchanges with co-counsel. 12/31/ $ Research FRAP and prepare request for extension of time to file Reply; tel conf & exchanges with co-counsel. 1/2/ $ $ exchange with co-counsel re appeal reply brief. 1/4/ $49.00 Tel conv w/ AH re motion for extension. 1/5/ $ Draft Mot for Ext of Time for App Reply Brief; exchange with co-counsel. 1/15/ $ $ exchange w/ DZ. 1/15/ $ exchange w/ witness C. 1/22/ $ exchange DZ. 1/23/ $ Draft Stetson Reply Brief. 1/26/ $ Draft BB reply brief. 1/26/ $49.00 Exchange s w/ AH & DZ. 1/27/ $ $80.00 Conf w/ JRB. 1/27/ $ $1, Drafting BB reply brief. 1/28/ $24.50 Exchange s w/ AH. 1/28/ $ Tel conf w/ witness C. 1/28/ $ $ Tel conf w/ JRB. 1/29/ $ $2, Drafting BB reply brief; exchange of s w/ co-counsels re same. 1/30/ $ $1, Drafting BB reply brief. 1/30/ $ $ $80.00 Tel conf w/ co-counsel; exchange s with co-counsels (PFD) 1/31/ $1, Drafting BB reply brief. 1/31/ $ exchange w/ AH. 2/1/ $ $40.00 Conf w/ co-counsel. 2/1/ $ exchange w/ AH. 2/2/ $ $ $ exchange w/ AH. 2/2/ $49.00 Tel conv w/ AH. 2/2/ $ $2, Research/drafting BB Reply Brief. 2/2/ $ Tel conv w/ witness R. 2/3/ $73.50 Conf w/ AH. 2/3/ $ $40.00 Tel conv w/ co-counsel. 2/3/ $2, $4, Research/drafting BB Reply Brief. 2/3/ $ Exchange w/ co-counsel re distinguishing Twombley. 2/4/ $1, Research/drafting BB reply Brief. 2/4/ $ $ $40.00 Exchange s w/ co-counsel, witness R. re distinguishing Twombley & "Golden Handcuffs". 2/6/ $ $40.00 Exchange s w/ co-counsel, witness R. re bar prep market. 2/7/ $49.00 Exchange s w/ co-counsel, witness R. re bar prep market. 2/8/ $49.00 Exchange s w/ co-counsel re witness R. 2/9/ $ $80.00 Exchange s w/ co-counsels re Statute of Limitations.

10 Case 2:08-cv R -E Document 76-1 Filed 05/31/11 Page 5 of 11 Page ID #:993 2/10/ $ $2, Research/drafting BB Reply Brief. 2/10/ $ Exchange s w/ co-counsel. 2/11/ $1, $4, Drafting BB reply brief. 2/11/ $ $ exchange with co-counsel. 2/12/ $73.50 Tel conv w/ AH re settlement. 2/24/ $ $ /25/ $ $80.00 Exchange s w/ co-counsel re Kaplan settlement strategy. 2/26/ $ $40.00 Exchange s w/ co-counsel re counsel of record. 2/27/ $73.50 Draft notice of reassignment of counsel from EGD to PFD. 3/2/ $ exchange w/ 9th Circuit. 3/3/ $24.50 Exchange s w/ co-counsel re Kaplan settlement strategy. 3/4/ $ Conf w/ AH re Kaplan settlement options. 3/5/ $ exchange w/ 9th Circuit. 3/6/ $ exchange w/ 9th Circuit. 3/9/ $ exchange w/ 9th Circuit. 3/19/ $ exchange w/ 9th Circuit. 3/20/ $24.50 Tel conv w/ witness Ca. 3/21/ $ Tel conv w/ witness Ca. 3/23/ $49.00 Conf w/ AH re witness Ca. 3/25/ $24.50 Exchange w/ witness C. 4/5/ $24.50 Exchange w/ witness C. 4/19/ $24.50 Tel conf w/ AH re settling w/kaplan. 4/21/ $ Conf w/ AH re settling w/kaplan. 4/30/ $24.50 Exchange w/ witness C. 5/21/ $24.50 Exchange w/ class rep Karpenko. 5/21/ $ Draft Notice of Cessation of Practice of EGD & new retainer agreements between class reps and Law Offices of PFD, rather than Disner Law Corp. 5/22/ $ Notice of Cessation of Practice of EGD & Law Offices of PFD retainer agreements to class reps. 5/26/ $49.00 Exchange s w/ class rep Stetson. 5/28/ $24.50 Exchange s w/ class rep Stetson. 5/29/ $49.00 Exchange s w/ class rep Karpenko; left voic for class rep Brown-Roberts. 5/29/ $49.00 Tel conv & exchange w/ AH re Kaplan settlement strategy. 6/4/ $24.50 Tel conv w/ AH re Kaplan settlement strategy. 6/5/ $ $40.00 Exchange w/ AH re Kaplan settlement strategy. 7/1/ $24.50 Exchange w/ AH. 7/5/ $24.50 Exchange s w/ class rep LaVigne. 8/10/ $24.50 Exchange s w/ class rep Brown-Roberts. 8/25/ $ exchange w/ 9th Circuit. 8/25/ $40.00 Tel conv w/ AH. 9/1/ $49.00 Exchange s w/ AH re Kaplan settlement negotiation. 9/2/ $ Kaplan settlement conference w/ AH, DZ, Stuart Senator. 9/2/ $ Transit to/from Kaplan settlement conference at H&R in Hollywood. 9/10/ $ Exchange s & tel conv AH & DZ re Kaplan settlement negotiation. 9/10/ $80.00 Tel conv w/ AH re JRB's CV. 9/11/ $ Review FU billing records for Kaplan settlement fee petition. 9/14/ $49.00 Tel conv w/ AH re Kaplan settlement. 9/14/ $ exchange w/ 9th Circuit.

11 Case 2:08-cv R -E Document 76-1 Filed 05/31/11 Page 6 of 11 Page ID #:994 9/15/ $ exchange with co-counsel. 9/16/ $ exchange with co-counsel. 9/17/ $ exchange & tel conv w/ co-counsel. 9/25/ $73.50 Tel conv and exchange w/ co-counsel re Kaplan settlement. 9/26/ $24.50 Tel conv w/ AH. 9/26/ $24.50 Tel conv w/ JRB. 9/26/ $49.00 Tel conv paralegal Cirstan Fitch 9/27/ $ exchange with co-counsel. 9/28/ $ exchange with co-counsel. 9/28/ $ Conf w/ co-counsel re oral argument. 9/29/ $98.00 Tel conv & exchange w/ co-counsel; review AH appeal oral argument outline. 9/30/ $ $1, Attend oral argument in Ninth Circuit Court in Pasadena. 9/30/ $ $ Transit to and from Ninth Circuit Court in Pasadena. 9/30/ $24.50 Exchange w/ class rep LaVigne. 9/30/ $ exchange w/ 9th Circuit. 10/9/ $ exchange w/ 9th Circuit. 10/9/ $ $80.00 Tel conv & exchange w/ co-counsel re Kaplan settlement & Mediation approach. 10/13/ $ exchange w/ 9th Circuit. 10/14/ $ $ exchange with co-counsel. 10/19/ $ exchange w/ 9th Circuit. 10/28/ $ $ Tel conv w/ co-counsel re Mediation. 10/29/ $ $ Mediation conf call w/ AH, JRB, Ninth Circuit Mediator and defense counsels. 10/29/ $ $ Conf w/ AH & JRB. 10/29/ $ exchange w/ 9th Circuit $18, PFD FEES SUBTOTAL AT $245/hour (@ rate) PFD HOURLY RATE INCREASE TO $295/hr 11/8/ $29.50 Exchange w/ AH re Kaplan settlement conference. 11/10/ $88.50 Exchange s w/ AH & Stuart Senator re Kaplan settlement conference. 11/10/ $ Review proposed Kaplan settlement draft. 11/11/ $1, Kaplan settlement conference w/ AH, Stuart Senator. 11/11/ $ Transit to/from Kaplan settlement conference at MTO in Century City. 11/11/ $59.00 Exchange w/ Stuart Senator re Kaplan settlement typo. 11/12/ $ $40.00 Exchange w/ co-counsel & Stuart Senator re Kaplan settlement. 11/19/ $29.50 Tel conv w/ AH re Kaplan settlement. 11/23/ $ Exchange w/ co-counsel; review final Kaplan settlement agreement. 11/24/ $ $40.00 Exchange w/ co-counsel; review final Kaplan settlement agreement (JRB). 11/24/ $59.00 Receive & review fax from class rep Brown-Roberts; exchange w/ AH re same. 11/25/ $ Exchange s w/ co-counsel re joint representation issues & possible settlement with West. 11/25/ $ Exchange s w/ all class reps re Kaplan settlement. 11/26/ $88.50 Tel conv & exchange w/ co-counsel. 11/26/ $ exchange with class rep Stetson. 12/4/ $29.50 Tel conv w/ co-counsel re mediation strategy. 12/4/ $ Conf call w/ Mediator, co-counsels, defense counsels. 12/4/ $ exchange w/ 9th Circuit. 12/9/ $59.00 Tel conv & exchange w/ co-counsel. 12/16/ $88.50 Conf call w/ AH, Ninth Circuit Mediator and defense counsels.

12 Case 2:08-cv R -E Document 76-1 Filed 05/31/11 Page 7 of 11 Page ID #:995 12/16/ $29.50 Conf call w/ AH, Stuart Senator. 12/16/ $59.00 Conf call w/ AH, James Rittinger. 12/16/ $ exchange w/ 9th Circuit. 12/16/ $2, Research and review record in Rodriguez v. West. 12/18/ $ exchange w/ co-counsel. 12/19/ $29.50 Tel conv w/ co-counsel. 12/29/ $ exchange w/ co-counsel. 1/5/ $ exchange w/ witness R. & co-counsel 1/6/ $ exchange w/ co-counsel. 1/13/ $ exchange w/ 9th Circuit. 1/13/ $ $ exchange w/ co-counsel. 1/14/ $ exchange w/ mediator, co-counsel, defense counsels. 1/15/ $ exchange w/ 9th Circuit. 1/18/ $ exchange w/ AH re MICROMASH. 1/19/ $59.00 Tel conv w/ co-counsel. 1/21/ $ Conf call w/ AH & witness R. 1/25/ $ exchange w/ co-counsel. 2/1/ $ Prepare analysis of claim values from Rodriguez for use in proposing settlement in Stetson. 2/1/ $ $ Tel conf mediation at H&R. 2/1/ $ $40.00 Transit to H&R Office. 2/1/ $ exchange w/ co-counsel. 2/2/ $ exchange w/ 9th Circuit. 2/10/ $ exchange w/ 9th Circuit. 2/10/ $40.00 Tel conv w/ co-counsel. 2/11/ $59.00 Tel conv w/ co-counsel. 2/12/ $ Prepare comparison of potential class response/claim values for Stetson to Rodriguez. 2/16/ $29.50 Tel conv w/ co-counsel re West settlement negotiation. 2/19/ $ exchange w/ witness C. 3/2/ $29.50 Tel conv w/ co-counsel re West settlement negotiation. 3/3/ $ exchange w/ AH re withdrawal by FU. 3/8/ $ exchange w/ class rep Stetson re mediation progress. 3/9/ $ exchange w/ class rep Stetson re mediation progress. 3/20/ $ exchange w/ witness C. 3/30/ $ exchange w/ co-counsel re West settlement negotiation. 4/2/ $29.50 Tel conv w/ co-counsel re West settlement negotiation. 4/14/ $ $40.00 Tel conv w/ co-counsel re West settlement negotiation. 4/15/ $88.50 Exchange s w/ H&R re change of address, West mediation. 4/16/ $59.00 Exchange s w/ H&R re change of address. 5/5/ $ exchange & tel conv w/ co-counsel re mediation brief. 5/5/ $ Research bar review market and prepare Mediation brief. 5/5/ $ Tel conv w/ witness R. 5/5/ $88.50 Tel conv w/ class rep Brown-Roberts. 5/5/ $ Transit to H&R Office. 5/6/ $ Research bar review market. 5/6/ $ Review DZ changes to Mediation brief. 5/6/ $59.00 Tel conv w/ co-counsel. 5/7/ $ Edit Mediation Brief, to DZ & AH.

13 Case 2:08-cv R -E Document 76-1 Filed 05/31/11 Page 8 of 11 Page ID #:996 5/7/ $ exchange & tel conv w/ co-counsel re mediation brief. 5/9/ $ exchange w/ co-counsel. 5/11/ $29.50 Tel conv w/ co-counsel. 5/17/ $59.00 Voic from and exchange w/ co-counsel. 5/19/ $ Tel conv w/ co-counsel. 6/1/ $59.00 Tel conv w/ co-counsel re mediator opinion re PFD arguing against settlement. 6/13/ $29.50 Voic from co-counsel. 6/14/ $ exchange w/ co-counsel re AH arguing for settlement. 6/17/ $ Tel conv w/ AH re mediator opinion. 6/17/ $29.50 Review voic from mediator. 6/17/ $ exchange with Class Reps & AH re mediated settlement. 6/18/ $ exchange w/ class rep Karpenko. 6/18/ $29.50 Left voic for AH. 6/20/ $29.50 Tel conv w/ AH. 7/1/ $88.50 File change of address. 7/6/ $ exchange w/ class rep LaVigne re mediation. 7/9/ $ exchange w/ AH. 7/15/ $29.50 Tel conv w/ AH & DZ. 7/15/ $ Draft to class reps & AH 7/18/ $ exchange w/ class rep Stetson re mediation. 7/29/ $ $40.00 Tel conv w/ AH re settlement. 8/6/ $ Review draft settlement agreement. 8/6/ $ exchange w/ co-counsel. 8/13/ $ Review draft settlement agreement. 8/13/ $ exchange w/ co-counsel. 8/19/ $88.50 Review draft settlement agreement. 8/19/ $ exchange w/ co-counsel. 8/20/ $88.50 Review s from defense counsels. 8/20/ $ $ exchange w/ co-counsel. 8/24/ $ exchange w/ co-counsel & tel conv w/ co-counsel & defense counsels. 9/10/ $ exchange w/ 9th Circuit. 9/15/ $ Tel conf - 9th Circuit Mediation. 9/15/ $ exchange w/ 9th Circuit. 9/16/ $ exchange w/ co-counsel. 9/16/ $ review draft stip & settlement agmt. 9/20/ $ $ exchange w/ co-counsel. 9/20/ $ Review draft stip & settlement agmt & class notice. 9/21/ $ exchange w/ co-counsel. 9/21/ $ Review draft stip & settlement agmt & class notice. 9/22/ $ exchange w/ 9th Circuit. 9/22/ $ exchange w/ co-counsel. 9/24/ $59.00 Tel conv w/ witness R. 9/30/ $ exchange w/ 9th Circuit. 10/12/ $ exchange w/ co-counsel. 10/13/ $ $40.00 Tel conv & exchange w/ co-counsel. 10/15/ $ exchange w/ 9th Circuit. 10/21/ $ exchange w/ 9th Circuit. 10/29/ $ exchange w/ co-counsel.

14 Case 2:08-cv R -E Document 76-1 Filed 05/31/11 Page 9 of 11 Page ID #: $13, PFD FEES SUBTOTAL AT $295/hour (@ rate) PFD HOURLY RATE INCREASE TO $345/hour 12/1/ $ exchange w/ co-counsel. 12/13/ $ Tel conv w/ witness R. 12/14/ $34.50 Tel conv w/ co-counsel. 12/17/ $ exchange w/ 9th Circuit. 12/17/ $ $ exchange w/ co-counsel; review mot for prelim settlement approval (PFD). 12/20/ $ exchange w/ defense counsel. 12/21/ $ exchange w/ co-counsel. 1/18/ $ exchange w/ co-counsel, review mot for prelim approval, req for jud notice, Harris Dec. 1/20/ $ exchange w/ defense counsel. 2/2/ $ exchange w/ co-counsel, review mot for prelim approval, req for jud notice, Harris Dec. 2/7/ $ exchange w/ defense counsel. 2/8/ $ exchange w/ co-counsel, review mot for prelim approval, req for jud notice, Harris Dec. 3/21/ $69.00 Tel conv w/ co-counsel re prelim approval. 4/10/ $69.00 Tel conv w/ co-counsel re prelim approval. 5/1/ $ exchange w/ co-counsel. 5/2/ $ exchange w/ co-counsel. 5/2/ $ Conf calls &/or exchange w/ AH and each class rep - talked to Stetson & Fathy, left voic s for & sent s to LaVigne, Karpenko, Brown-Roberts. 5/2/ $ exchange w/ class member re claim questions. 5/2/ $69.00 Tel conv w/ co-counsel. 5/2/ $34.50 Tel conv w/ class member re claim questions. 5/2/ $ Tel conv w/ class member re claim questions. 5/3/ $34.50 Tel conv w/ co-counsel re claim questions. 5/3/ $34.50 Tel conv w/ class member re claim questions. 5/3/ $69.00 Tel conv w/ class member re claim questions. 5/3/ $34.50 Tel conv w/ class member re claim questions. 5/3/ $34.50 Tel conv w/ class member re claim questions. 5/3/ $ $ exchange w/ co-counsel. 5/4/ $34.50 Tel conv w/ class member re claim questions. 5/4/ $34.50 Tel conv w/ class member re claim questions. 5/4/ $34.50 Tel conv w/ journalist re claim questions. 5/4/ $34.50 Tel conv w/ class member re claim questions. 5/4/ $34.50 Tel conv w/ class member re claim questions. 5/4/ $34.50 Tel conv w/ class member re claim questions. 5/4/ $34.50 Tel conv w/ class member re claim questions. 5/4/ $ exchange w/ co-counsel, claims administrator, and defense counsels. 5/5/ $34.50 Tel conv w/ class member re claim questions. 5/5/ $34.50 Tel conv w/ class member re claim questions. 5/5/ $ $ exchange w/ co-counsel re class member inquiries. 5/6/ $69.00 Tel conv w/ class member re claim questions. 5/6/ $ exchange w/ class rep Stetson. 5/7/ $ exchange w/ class member re claim questions.

15 Case 2:08-cv R -E Document 76-1 Filed 05/31/11 Page 10 of 11 Page ID #:998 5/9/ $ exchange w/ co-counsel. 5/10/ $34.50 Tel conv w/ class member re claim questions. 5/10/ $34.50 Tel conv w/ class member re claim questions. 5/11/ $ Tel conv w/ class member re claim questions. 5/12/ $34.50 Tel conv w/ class member re claim questions. 5/12/ $ exchange w/ claims administrator & review attached objections and invoice. 5/13/ $ Tel conv w/ class member re claim questions. 5/13/ $ exchange w/ claims administrator & review attached report. 5/16/ $ exchange w/ class rep Stetson. 5/16/ $69.00 Forward CM claim form to claims admin, H&R. 5/17/ $34.50 Tel conv w/ class member re claim questions. 5/17/ $ exchange w/ co-counsel & defense counsel. 5/18/ $ exchange w/ co-counsel, defense counsel and claims administrator re admin invoice. 5/18/ $ Tel conv & exchange w/ co-counsel re objections & fee petition. 5/19/ $ Tel conv w/ co-counsel re objections & fee petition. 5/19/ $ Review objections; exchange w/ co-counsel, defense counsel & claims administrator re same. 5/20/ $ exchange & left voic w/ co-counsel re objections & fee petition. 5/20/ $34.50 Review claims report from claims admin. 5/23/ $34.50 Tel conv w/ class member re claim questions. 5/23/ $34.50 Tel conv w/ class member re claim questions. 5/23/ $34.50 Tel conv w/ class member re claim questions. 5/23/ $ exchange w/ co-counsel re objection. 5/23/ $ exchange w/ co-counsel re objections & fee petition. 5/24/ $69.00 Review objection. 5/24/ $ Tel conv w/ co-counsel re Stetson Dec, objections, fee petition. 5/24/ $ exchange w/ co-counsel & class rep Stetson re Stetson Dec. 5/24/ $ exchange w/ co-counsel & defense counsels re objections. 5/25/ $34.50 Tel conv w/ class member re claim questions. 5/25/ $34.50 Tel conv w/ class member re claim questions. 5/25/ $ Review objections. 5/25/ $ exchange w/ co-counsel & claims administrator re claims. 5/26/ $34.50 Tel conv w/ class member re claim questions. 5/26/ $ Tel conv w/ class member re claim questions. 5/26/ $34.50 Tel conv w/ class member re claim questions. 5/26/ $ exchange w/ co-counsel & class rep Karpenko. 5/26/ $ Review objections. 5/26/ $ $80.00 Tel conv w/ co-counsel re objections, class rep decs, motion for final approval. 5/26/ $ exchange w/ class member re claim questions. 5/26/ $34.50 Review objections. 5/27/ $34.50 Tel conv w/ class member re claim questions. 5/27/ $ Review objections. 5/28/ $ Review & research Greenberg Objection, prepare Opposition to Objection. 5/28/ $ Tel conv w/ co-counsel & together left voic s for all class reps re decs, etc. 5/28/ $69.00 Tel conv w/ class reps Karpenko & Stetson. 5/28/ $34.50 Tel conv trying to get updated contact info for class rep Brown-Roberts. 5/29/ $ Tel conv w/ co-counsel re Greenberg objection.

16 Case 2:08-cv R -E Document 76-1 Filed 05/31/11 Page 11 of 11 Page ID #:999 5/29/ $ Review & research Greenberg Objection, prepare Opposition to Objection $7, $136, $6, $31, TOTAL FEES Atty Rate Hours Subotal E.G. Disner $800/hr $136, J.R. Bennett $400/hr 15.6 $6, F. Ung $245/hr $31, P.F. Disner $195/hr 50.9 $9, P.F. Disner $245/hr 74.1 $18, P.F. Disner $295/hr 46.5 $13, P.F. Disner $345/hr 22.8 $7, $224, TOTAL FEES FOR DISNER LAW CORP AND LAW OFFICES OF PERRIN F. DISNER COSTS AND ADVANCES DESCRIPTION 2/6/2008 $ Initial filing fee. 4/7/2008 $ miles roundtrip to District Court x 50 /mile reimbursement. 4/7/2008 $8.00 Parking at District Court. 9/30/2009 $ miles roundtrip to 9th Circuit Ct. in Pasadena x 50 /mile reimbursement. 9/30/2009 $ miles roundtrip to Bennett house for carpool to Pasadena x 50 /mile reimbursement. 11/11/2009 $ miles roundtrip to Century City x 50 /mile reimbursement. 2/1/2010 $ miles roundtrip to Harris & Ruble x 50 /mile reimbursement. 5/5/2010 $ miles roundtrip to Harris & Ruble x 50 /mile reimbursement. $ TOTAL COSTS AND ADVANCES