FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION · civil action no. 4:09-cv-2056 jury demanded...

PREBEG, FAUCETT & ABBOTT, PLLC MOTION FOR ATTORNEYS’ FEES AND EXPENSES –

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS

HOUSTON DIVISION

Juan Ramon Torres and Eugene Robison,

Plaintiffs, vs. SGE Management, LLC; Stream Gas & Electric, Ltd.; Stream SPE GP, et al,

Defendants. ______________________________/

Civil Action No. 4:09-cv-2056

Jury Demanded

PLAINTIFFS’ APPLICATION FOR ATTORNEYS’ FEES AND EXPENSES FOR CLASS ATTORNEY-IN-CHARGE MATTHEW J.M. PREBEG AND PREBEG, FAUCETT &

ABBOTT, PLLC, AS WELL AS FOR REASONABLE INCENTIVE FEES FOR CLASS REPRESENTATIVES JUAN TORRES, LUKE THOMAS, AND CHRISTOPHER

ROBISON IN HIS CAPACITY AS EXECUTOR OF THE ESTATE OF NAMED CLASS REPRESENTATIVE PLAINTIFF EUGENE ROBISON

Pursuant to F.R.C.P 54(2)(d) and 23(h), Class Attorney-in-Charge Matthew J.M. Prebeg

(“Prebeg”) and his law firm Prebeg, Faucett & Abbott, PLLC (“PFA”) present this application for

payment of attorneys’ fees and expenses incurred representing the litigation and settlement classes

certified by this Court (collectively “Certified Class”) and also representing named Plaintiffs

Christopher Robison, as executor of the Estate of former named plaintiff Eugene Robison, Juan

Torres, and Luke Thomas (the “Named Plaintiffs”). The Court should award Prebeg and PFA their

fees in the amount of $3,164,170, and costs in the amount of $187,557.38, for a total figure of

$3,351,727.

Case 4:09-cv-02056 Document 297 Filed in TXSD on 09/13/18 Page 1 of 28


TABLE OF CONTENTS TABLE OF CONTENTS ................................................................................................................... 2

TABLE OF AUTHORITIES ............................................................................................................. 4

I. NATURE AND STAGE OF PROCEEDING ...................................................................... 1

II. STATEMENT OF ISSUES PRESENTED .......................................................................... 2

III. INTRODUCTION AND FACTUAL BACKGROUND ...................................................... 2

IV. DISCUSSION ......................................................................................................................... 9

A. Separate Attorney Fee Awards Among Class Counsel Are Appropriate in This Circuit. ......................................................................................................................... 9

B. A Hybrid, “Percentage-With-Lodestar-and-Johnson-Factors-Checks” Approach is Allowed for Determining Attorney Fees in Class Action Cases of This Type. .................................................................................................................... 9

C. Petitioners’ Requested Award of Fees and Costs is Reasonable under Any Allowed Approach. ................................................................................................... 11

D. Petitioners’ Request a 1.9 Multiplier, Consistent with Those Often Awarded in this District for Similar Successful Results. ........................................................... 13

E. Petitioners’ Requested Fees and Multiplier Also Satisfy the Johnson Factors. . 14

1. First Johnson Factor: Time and Labor Involved. ............................................. 14

2. Second Johnson Factor: Novelty and Difficulty of the Issues. ......................... 14

3. Third Johnson Factor: The Skill Required to Perform Legal Services. ......... 15

4. Fourth Johnson Factor: Preclusion of Other Employment. ............................ 16

5. Fifth Johnson Factor: A Customary Fee for Similar Work in the Community. .................................................................................................................................... 17

6. Sixth Johnson Factor: Whether the Fee is Fixed or Contingent. ..................... 17

7. Seventh Johnson Factor: Time Limitations Imposed by the Client or the Circumstances. .......................................................................................................... 18

8. Eighth Johnson Factor: Amount Involved and Results Obtained. .................. 19

9. Ninth Johnson Factor: Experience, Reputation, and Ability of the Attorneys. .................................................................................................................................... 19

10. Tenth Johnson Factor: The “Undesireability of the Case.” ........................... 20

11. Eleventh Johnson Factor: The Nature and Length of the Professional Relationship with the Client. ................................................................................... 20

12. Twelfth and Final Johnson Factor: Awards in Similar Cases. ...................... 21

F. Pets.’ Requested Incurred Costs and Expenses Are Also Reasonable. ............... 21

G. Incentive Awards Requested for the Named Class Representative Plaintiffs Are Reasonable and Appropriate. .................................................................................. 22



IV. CONCLUSION ..................................................................................................................... 22

CERTIFICATE OF SERVICE ....................................................................................................... 23



TABLE OF AUTHORITIES

Cases Altier v. Worley Catastrophe Resp., LLC, Civil Action Nos. 11-241, 11-242, 2012 WL 161824 (E.D. La., Jan 18, 2012) .............................. 13 Billitteri v. Sec. Am., Inc., 3:09-CV-01568-F, 2011 WL 3585983 (N.D. Tex. Aug. 4, 2011). .............................. 15, 20, 21, 24 Blum v. Stenson, 465 U.S. 886 (1984) ....................................................................................................................... 13 Braud v. Transport Serv. Co., 2010 WL 3283398 (E.D. La. Aug. 17, 2010). ................................................................................ 22 Bridge v. Phoenix Bond & Indem. Co., 553 U.S. 639, 128 S. Ct. 2131, 170 L. Ed. 2d 1012 (2008) ........................................................... 17 Buettgen v. Harless, No. 3:09-CV-00791-K, 2013 WL 1230314 (N.D. Tex. Nov. 13, 2013) ..................................... 11 Eni US Operating Co. Inc. v. Transocean Offshore Deepwater Drilling Inc., 4:13-CV-03354, 2018 WL 2271162, (S.D. Tex. May 16, 2018) ................................................... 13 Erica P. John Fund, Inc. v. Halliburton Co., No. 3:02-CV-1152-M, 2018 WL 1942227 (N.D. Tex. Apr. 25, 2018), ............................... 11, 22, 24 Farrar v. Hobby, 506 U.S. 103, 113 S.Ct. 566 (1995) .............................................................................................. 21 Griggs v. SGE Management, LLC, et al., Case No. 1:15-cv-422 (W.D. Tex.) ................................................................................................... 8 In re Enron Corp. Sec., Derivative & ERISA Litig., 586 F. Supp. 2d 732 (S.D. Tex. 2008) ................................................................................ 11, 14, 21 In re Heartland Payment Sys., Inc. Cust. Data Sec. Breach Litig. 851 F.Supp.2d 1040 (S.D. Tex. 2012), ......................................................................................... 21 In re High Sulfur Content Gasoline Prod. Liab. Litig., 517 F.3d 220 (5th Cir. 2008) ...................................................................................................... 9, 13 In re Vioxx Products Liab. Litig., 760 F.Supp.2d 640 (E.D. La. 2010) ............................................................................................... 14 Johnson v. Bodi Services, LLC, 2018 WL 3621056 (S.D. Tex. May 8, 2018) .................................................................................. 13



Johnson v. Georgia Highway Express, Inc., 488 F.2d 714 (5th Cir. 1974) .................................................................................................... 10, 11 Klein v. O’Neal, Inc., 705 F. Supp. 2d 632 (N.D. Tex. 2010),as modified (June 14, 2010), enforcement denied, 7:03-CV-

102-D, 2011 WL 2413318 (N.D. Tex. June 15, 2011), ................................................ 10, 13, 14, 15 La. Power & Light Co. v. Kellstrom, 50 F.3d 319 (5th Cir.1995) ............................................................................................................. 13 Migis v. Pearle Vision, Inc., 135 F.3d 1041 (5th Cir.1998)) ...................................................................................................... 21 Powell v. C.I.R., 891 F.2d 1167 (5th Cir.1990) ......................................................................................................... 13 Rouse v. Target Corp., 181 F.Supp.2d 379 (S.D. Tex. 2016) .............................................................................................. 13 Saizan v. Delta Concrete Prod. Co., 448 F.3d 795 (5th Cir. 2006). .......................................................................................................... 15 Sandwich Chef of Tex., Inc. v. Reliance Nat'l Indem. Ins. Co., 319 F.3d 205 (5th Cir. 2003) ........................................................................................................... 16 Slipchenko v. Brunel Energy, Inc., No. CIV.A. H-11-1465, 2015 WL 338358 (S.D. Tex. Jan. 23, 2015) ............................... 10, 19, 22 Strong v. BellSouth Telecomm., Inc., 137 F.3d 844 (5th Cir. 1998) ............................................................................................................. 9 Turner v. Murphy Oil, USA, Inc., 472 F. Supp 2d 830 (E.D. La. 2007) ........................................................................................... 15

Statutes 28 U.S.C. § 1292(b), ............................................................................................................................ 8

Rules Fed. R. Civ. P. 15(a)(2) ......................................................................................................................... 1 Fed. R. Civ. P. 25(a) ............................................................................................................................. 1

Treatises MANUAL FOR COMPLEX LITIGATION, Section 14.11 (4th ed. 2004) ....................................................... 9


PREBEG, FAUCETT & ABBOTT, PLLC MOTION FOR ATTORNEYS’ FEES AND EXPENSES – Page 1

I. NATURE AND STAGE OF PROCEEDING

This Court certified the plaintiff class in this RICO case on January 13, 2014 [Dkt. 169]. On

October 17, 2017, the Fifth Circuit issued its mandate in light of the Supreme Court’s refusal to

review the Fifth Circuit’s September 30, 2016, en banc opinion upholding this Court’s class

certification order.

While this case was stayed during the pendency of the defendants’ appeals, on June 11, 2015

class representative Eugene Neil Robison died. Therefore, on October 19, 2017, the plaintiffs filed

a motion to substitute class representative pursuant to Fed. R. Civ. P. 25(a), Chris Robison, the son

and executor for deceased class representative Eugene Robison, and to elevate an additional class

member to serve as a named class representative plaintiff, class member Lucas Thomas, pursuant to

Fed. R. Civ. P. 15(a)(2) [Dkt. 228].

On November 8, 2017, the Court issued an order granting the plaintiffs’ motion to substitute

and add the class representative [Dkt. 236].

The parties eventually settled at mediation, and on March 26, 2018, the parties filed an agreed

motion to suspend proceedings in this case in light of their settlement and the associated, then-

forthcoming settlement approval filings (Dkt. 283). This Court granted that motion the following day,

setting deadlines for the settlement approval filings (Dkt. 284).

On June 28, 2018, the Court issued an order granting preliminary approval of settlement and

setting certain deadlines including a Final Fairness Hearing set for October 4, 2018, and a deadline for

the filing of applications for attorney fees and expenses for September 12, 2018 (75 days from the

preliminary approval date on June 28, 2018) (Dkt. 290 at 10, para. 31).

Class Attorney-in-charge Prebeg and PFA now hereby submit their firm’s application for

attorney’s fee and expenses.

Case 4:09-cv-02056 Document 297 Filed in TXSD on 09/13/18 of 28


II. STATEMENT OF ISSUES PRESENTED

Should the Court grant the application for attorneys’ fees and costs in service of the plaintiffs

and certified plaintiff class in the referenced matter? [Proposed Answer: Yes]

III. INTRODUCTION AND FACTUAL BACKGROUND

Class attorney-in-charge Prebeg and his firm PFA (collectively, “the PFA attorneys”) make

this application for payment of attorneys’ fees and expenses incurred in the representation of the

named plaintiffs and certified class. Prebeg and PFA partners Christopher Faucett (“Faucett”) and

Stephen Abbott (“Abbott”) were partners in the firm formerly named ClearmanPrebeg LLP, now

named CP Windup LLP (“CP”), with former CP partner and also appointed class counsel Scott

Clearman. This application includes a request for fees earned and expenses incurred by both PFA

and the PFA partners while at CP. PFA invested a total of $54,693.24 and CP invested a total of

$177,152.19, all in expenses needed to pursue this case. Of the CP expenses, 75% belong to PFA per

a partnership agreement. Petitioners specifically request an award of attorneys’ fees in the amount of

$3,164,170, and costs in the amount of $ 187,557.38, for a total award figure of $ 3,351,727.

Petitioners are not seeking any percentage of fees from any incentive amount or other amount

individually awarded to class representatives Christopher Robison or Lucas Thomas, or from plaintiff

Juan Ramon Torres. Petitioners seek fees from the funds defendants agreed to pay for fees in the

settlement agreement, as a result of the pursuit and settlement of this class action for payments to the

remainder of the class members.

Attorney Jeff Burnett had the initial client relationship with original named plaintiffs Torres

and Robison and, because his practice was not primarily involved in litigation, first associated Scott

Clearman and his firm at the time, The Clearman Law Firm (“TCLF”) to explore filing suit. At the

time, TCLF consisted of two attorneys: Scott Clearman and his associate Brian Walsh. Burnett and

TCLF then collaborated in having TCLF initially file this suit in 2009.



This Court initially dismissed the case for improper venue in favor of arbitration in November

2009 (Dkt. Nos. 36-37), and TCLF appealed (Dkt. 38). Brian Walsh left TCLF sometime in late 2010

while the case was on appeal. Walsh and TCLF, however, did not immediately file a notice of

withdrawal and substitution for Walsh. Brent Caldwell joined TCLF as an associate attorney in

October 2010 after Mr. Walsh had left the firm.

In December 2010, while this matter was still on appeal with the Fifth Circuit, Clearman

formed Clearman Prebeg, LLP, now known as CP Windup LLP, with partners Prebeg, Faucett, and

Abbott. Caldwell continued working as an associate, now for CP. The CP partnership agreement

provided that distributions of fees earned at CP are divided equally among the partners, i.e. 25% to

each CP partner. (see CP partnership agreement, Ex. A-1.) At the time of formation, each of the four

CP partners were already lead counsel in various litigation matters and they agreed fees that might

result from those matters, which were not already earned and owing to the partner, would be

committed to CP (except two particular cases previously developed by Mr. Clearman). Mr. Clearman

specifically committed any and all fees that might result from the instant case (referenced simply as

the “Stream” case) would be owned by CP since almost all of the resources for litigation and expenses

would necessarily occur after CP began operation. Prebeg, Faucett, and Abbott, in reliance on this

agreement, placed the fees from their ongoing cases into CP for the benefit of each of the four partners.

On April 1, 2011, the Fifth Circuit reversed this Court’s dismissal in favor of arbitration (Dkt.

Nos. 43-45). The defendants eventually appealed the Fifth Circuit order in 2011 to the U.S. Supreme

Court (see, e.g., Dkt. 52, 54), and the petition for certiorari was refused by the Supreme Court in

October 2011 (Dkt. 58).

On May 24, 2011, Brian Walsh and CP filed a notice of withdrawal and substitution of

counsel, whereby Walsh officially withdrew and substituting for him CP and its attorneys (Dkt. Nos.

48-49).



After the Supreme Court denied the defendants’ petition for certiorari in October 2011 and

the case returned to this court for litigation to begin in earnest, Prebeg and Burnett also filed notices

of appearance (Dkt. Nos. 63, 65) in early December 2011.

In reviewing Mr. Clearman’s response to the fee petitions submitted to this Court by

Kochanowski and Burnett (Dkt. 296), it is apparent that petitioners should provide some explanation

concerning Mr. Clearman’s work in this case. During 2011, petitioners noticed that Mr. Clearman’s

ability to function was slowly and steadily declining. They learned this was due to a substance abuse

problem, believed to be mostly or entirely caused by the consumption of alcohol. By the time this

case became active again in 2011, Mr. Clearman, who was the designated attorney-in-charge, was

severely struggling with substance abuse issues. His condition was characterized by extreme

paranoia, highly aggressive behavior, delusional thinking, memory loss and the inability to remember

important facts, and the inability to accomplish complex, and at times even simple, tasks. At times

Mr. Clearman was rational and productive, and at other times he was not.

Mr. Clearman had been a successful commercial litigator, and had vastly more experience

with class actions than any of his CP partners. Petitioners recognize that his contributions to this case,

including the filing of the original complaint and his insights into procedure and strategy in class

actions, are valuable. However, as time progressed, the periods of his inability to accomplish tasks

diminished, so petitioners were required to monitor his work product to protect the interests of the

clients, and reduce the potential for liability. Brent Caldwell, Matthew Prebeg, Christopher Faucett,

and Stephen Abbott became more involved in this case to ensure that important tasks were completed

and deadlines met.

Eventually it became clear that petitioners needed additional counsel to take a lead role in

accomplishing the tasks required to successfully resolve this case. So, in December 2012 CP

associated attorneys from the Detroit, Michigan law firm, Sommers PC, including Andy



Kochanowski, to participate in representing the plaintiffs and then-putative class (see Dkt. Nos. 80-

86). Prebeg had known Kochanowski for years prior, and knew he had experience with both RICO

and pyramid scheme cases. Prebeg was also aware that Kochanowki’s partners had substantial

experience with class actions, in particular Lance Young. Mr. Clearman agreed to the joinder of Mr.

Kochanowski and his firm, and prepared and signed an interfirm agreement accordingly. (See Ex. A-

2.)

In 2013, as Mr. Clearman’s participation continued to decline as his substance abuse issues

worsened, the other CP attorneys, along with Jeff Burnett and Sommers PC attorneys including

Kochanowski, continued to litigate the case. Mr. Clearman’s interactions with defense counsel

became increasingly harmful, which eventually resulted in a motion for sanctions being filed against

him. (Dkt. 92). As a result of Mr. Clearman’s substance abuse issues and his inability to manage his

law practice, the plaintiffs requested in writing that Mr. Clearman be removed as attorney-in-charge,

and requested that Prebeg replace him. (See Dkt. 140). Petitioners continued to hope that Mr.

Clearman would eventually commit to seeking rehabilitation treatment for his condition, for his own

sake, and so that petitioners might have the benefit of his class action experience. Petitioners,

Kochanowski, and Burnett developed this case through the important class certification briefing in

September 2013 and class certification hearing on November 6, 2013 (Dkt. 149). Mr. Clearman

briefly appeared at the class certification hearing, disheveled, and largely incoherent. Prebeg brought

him into the hallway, tied his tie for him, and asked him to go home because of his condition. He

complied.

In late 2013, the partners other than Clearman in CP (Prebeg, Faucett, Abbott), concluded it

was not professionally or economically feasible to remain in a partnership with Mr. Clearman, and

formed a new firm Prebeg, Faucett & Abbott, PLLC (“PFA”) effective in January of 2014, and

initiated procedures to wind up CP. CP’s entire staff, including associates and secretarial support



staff, also left CP to join PFA. This included Caldwell, who left CP’s employ and began employment

with PFA at the same time. PFA and Caldwell filed a Notice of Change of Address and Firm

Affiliation with this Court on February 4, 2014 (Dkt. 175).

Near the time the PFA attorneys formed PFA and began winding up CP, on January 13, 2014,

this Court certified the class (Dkt. 169). Shortly thereafter, defendants filed a Rule 23(f) motion for

leave to file interlocutory appeal to the Fifth Circuit, which the appellate court quickly granted, and

thereafter stayed all further proceedings in this case (Dkt. 196-198).

Kochanowski and Prebeg realized that the interests of the class were best served by engaging

a nationally recognized firm specializing in federal appeals, including potential appeals to the United

States Supreme Court. They eventually agreed the Washington, D.C. firm of Goldstein & Russell,

PC could make a significant contribution to the case. Class counsel attempted to reach agreement

among all counsel on the case regarding the terms of Goldstein & Russel’s engagement, and Prebeg

and Kochanowski proposed the arrangement set out in Ex. A-3. This proposal recognized that the

terms of the division of fees would be subject to any required approval, but the attorneys would

encourage such a division. All counsel agreed and signed this arrangement, except for Mr. Clearman.

At the time, petitioners understood that the only disagreement he had concerning the fee division was

that Mr. Clearman would eventually demand some higher portion of the fees that would otherwise be

paid to CP. Mr. Clearman’s notations of his comments to that proposed agreement are overwritten

on Ex. A-3 At this time, petitioners are not aware of any concrete proposal by Mr. Clearman to

resolve that issue.

Without Mr. Clearman’s assent to a written agreement to engage the Goldstein & Russell firm,

and with appellate work needing immediate attention, Kochanowski and Prebeg entered into the

agreement attached as Ex. A-4. The targeted fee terms in that agreement were later agreed to by class

representative Lucas Thomas, and were consistent with the agreement that Prebeg, Kochanowski, and



Burnett previously agreed to. If the Court were to award the $10,275,000 in fees provided in the

settlement agreement, the approximate division among counsel, pursuant to that agreement, would be

as follows (of course subject to all required approval):

Firm Percentage Amount

Goldstein & Russell 17.3% $1,730,000

Sommers PC 20.15% $2,015,019

Jeffrey Burnett 17% $1,700,000

Prebeg, Faucett & Abbott 34.15% $3,415,743

The Clearman Law Firm 1.14% $1,139,019

While this case was stayed, Eugene Robison became very ill. By March of 2014, Eugene

Robison was diagnosed with lung cancer. Between April and approximately November of 2014,

Eugene Robison was undergoing aggressive treatment for lung cancer, including proton therapy,

chemotherapy, and radiation treatments. He thereafter stopped these treatments. Eugene Robison died

on June 11, 2015. Petitioners realized Juan Ramon Torres could not be a class representative, and

would not be a class member, the only appointed class representative, Eugene Robison was sick and

then died, and that they therefore had no appointed class representative. However, the case was stayed

and any notice to the Court of Mr. Robison’s death during the stay period was opposed by defendants.

Mr. Clearman brought suit against his former partners in Harris County District Court on

January 28, 2014. They eventually counterclaimed and filed a separate lawsuit on behalf of CP against

Mr. Clearman, and the parties signed an agreement to resolve those matters on March 7, 2016. The

terms of that agreement were designated confidential by all parties to the agreement. However,

petitioners note that, at Mr. Clearman’s insistence, any dispute over fees in this Stream case was not a

part of that settlement.



Since the end of 2013, and until shortly after this case was finally remanded to this Court in

October 2017, Mr. Clearman was largely unable to perform significant work on the case. However,

without notice to the plaintiffs or his co-counsel in this case, he file a competing class action, Griggs

v. SGE Management, LLC, et al., Case No. 1:15-cv-422, in the United States District Court for the

Western District of Texas, Austin Division. That action sought to certify the exact same class that had

already been certified by this Court, plus Georgia residents, plus class members that were subject to a

new, revised arbitration clause, and were excluded by the class in this case. The Griggs court quickly

dismissed the case in favor of the new arbitration clause. Petitioners understand that case is on appeal.

Soon after Clearman filed the competing Griggs class action, Kochanowski filed a motion to

remove Mr. Clearman as class counsel, and Prebeg joined that motion. [cite?]

The defendants’ appeal of this Court’s class certification decision continued through a Fifth

Circuit panel decision largely reversing the class certification, and then an en banc decision reversing

the panel and upholding this Court’s certification order, followed by the defendants filing a second

petition for certiorari to the U.S. Supreme Court, which was also ultimately denied on October 12,

2017 (Dkt. 221).

The case then was remanded to this Court for post-class-certification litigation. Defendants

filed a series of motions for judgment on the pleadings, motions asking this Court to certify the class

certification decision for yet another interlocutory appeal and another stay of proceedings under 28

U.S.C. § 1292(b), and discovery motions, while the class amended its complaint, substituted the estate

of named plaintiff Eugene, and added a new plaintiff class representative. The parties then finally

settled at mediation in late February, 2018.

This Court issued an order on June 28, 2018, granting preliminary approval of the settlement

(Dkt. 290), including deadlines for associated items like the present application for plaintiff attorney

fees.



IV. DISCUSSION

A. Separate Attorney Fee Awards Among Class Counsel Are Appropriate in This Circuit.

Separate attorney fee applications are encouraged when different firms collaborate in

representing a plaintiff class, and District Courts are encouraged in such cases to reasonably allocate

and award plaintiffs’ attorneys’ fees among the respective applicants.1

B. A Hybrid, “Percentage-With-Lodestar-and-Johnson-Factors-Checks” Approach is Allowed for Determining Attorney Fees in Class Action Cases of This Type.

The parties’ approved settlement provides for what is known as a “constructive common

fund,” in which two separate funds are provided for: one to pay the plaintiff class, subject to the

election of the 170,000-odd class members, and a second fund (here, Defendants have agreed in the

settlement not to oppose a total class counsel fee and cost award of $10.275 million) to pay for

attorneys’ fees and costs.2

In “common fund” cases like this, District Courts may in their discretion evaluate the proper

fee award by using a percentage and lodestar, cross-checked for reasonableness with what are known

as the twelve “Johnson factors.”3

The twelve Johnson factors are:

(1) the time and labor required for the litigation; (2) the novelty and complication of the issues; (3) the skill required to properly litigate the issues;

1 See, e.g., In re High Sulfur Content Gasoline Prod. Liab. Litig., 517 F.3d 220, 227 (5th Cir. 2008), citing, inter alia, Strong v. BellSouth Telecomm., Inc., 137 F.3d 844, 849 (5th Cir. 1998)(“To fully discharge its duty to review and approve class action settlemetn agreements, a district court must assess the reasonableness of the attorneys’ fees”) and the MANUAL FOR COMPLEX LITIGATION, Section 14.11 (4th ed. 2004)(“The court must distribute the [attorney fee awards] among the various plaintiffs’ attorneys, which may include class counsel, court-designated lead and liason counsel, and individual plaintiff’s counsel”). 2 See, e.g., Slipchenko v. Brunel Energy, Inc., No. CIV.A. H-11-1465, 2015 WL 338358, at *17 (S.D. Tex. Jan. 23, 2015).

3 Klein v. O’Neal, Inc., 705 F. Supp. 2d 632, 675-76 (N.D. Tex. 2010),as modified (June 14, 2010), enforcement denied, 7:03-CV-102-D, 2011 WL 2413318 (N.D. Tex. June 15, 2011), citing Johnson v. Georgia Highway Express, Inc., 488 F.2d 714 (5th Cir. 1974).



(4) whether the attorney had to refuse other work to litigate the case; (5) the attorney's customary fee; (6) whether the fee is fixed or contingent; (7) whether the client or case circumstances imposed any time constraints; (8) the amount involved and the results obtained; (9) the experience, reputation, and ability of the attorneys; (10) whether the case was “undesirable;” (11) the type of attorney-client relationship and whether that relationship was long-standing; and (12) awards made in similar cases.

Klein v. O'Neal, Inc., 705 F. Supp. 2d at 674, citing Johnson, 488 F.2d at 717-19.

Although some cases of course have applied a pure lodestar approach, and while District

Courts also have the discretion to award attorney fees on a purely percentage basis4, the above-

described hybrid, “percentage-with-lodestar-and-Johnson-factors-reasonableness-checks” approach,

is the more common one.5

Under this hybrid approach, a District Court examines each contributing firm’s hours at a

reasonable hourly rate to provide a check – to assure itself that the agreed settlement percentage for

attorneys’ fees “does not lead to a fee that represents an extraordinary lodestar multiple” out of

keeping with the firm’s efforts, the difficulty of the case, and other circumstances unique to each case.

The lodestar multiplier is figured “by dividing the proposed fee award by the lodestar calculation,”

and “represents the risk of the litigation, the complexity of the issues, the contingent nature of the

engagement, the skill of the attorneys, and other factors.”6

4 As other of the class’s attorneys have noted, courts in this Circuit have awarded total percentage attorney fees of 25-33% of the total settlement amount, and the $10.275 million figure for class counsel fees that Defendants have agreed not to oppose would only be approximately 22.2% of the value of the total settlement to the class. This Court therefore could simply award this entire amount as the overall attorney fee award on a percentage basis. See Dkt. 291 at 11, n. 15, citing Buettgen v. Harless, No. 3:09-CV-00791-K, 2013 WL 12303143, at *10 (N.D. Tex. Nov. 13, 2013) and Erica P. John Fund, Inc. v. Halliburton Co., No. 3:02-CV-1152-M, 2018 WL 1942227, at *9 (N.D. Tex. Apr. 25, 2018), citing securities cases awarding 30% fees in this circuit); see also Dkt. 291 at 11, n. 16, referencing the affidavit of plaintiff class expert Paul Taylor as to this percentage and endorsing the valuation methodology used by class attorney Jeff Burnett in this context (Dkt. 292). 5 See, e.g., In re Enron Corp. Sec., Derivative & ERISA Litig., 586 F. Supp. 2d 732, 751–52 (S.D. Tex. 2008). 6 In re Enron, 568 F.Supp.2d at 751-52.



C. Petitioners’ Requested Award of Fees and Costs is Reasonable under Any Allowed Approach.

Petitioners’ requested fee award is objectively reasonable under any of the approaches used

in this Circuit. The total award requested is approximately 31.6% of the $10.275 million in fees the

Defendants agreed not to oppose. Petitioners’ time records demonstrate they spent a total of

4,153,2hours over many years in hard-fought litigation before this Court and on appeals to both the

Fifth Circuit and U.S. Supreme Court. See the Declaration of Matthew J.M. Prebeg, attaching time

and expense records.

Petitioners note that the time records submitted by petitioners does not include any time spent

by Mr. Clearman on the case, either before CP started, while CP was active, or after CP ended. Mr.

Clearman indicated that counsel did not need to submit time records to this court in order to receive

a fee award. Prebeg and Kochanowski independently determined that this was an unwise suggestion,

and therefore are submitting time records. Mr. Clearman indicated he would not create time records,

therefore petitioners are unable to state the amount of time Mr. Clearman spent on the case while at

CP, or the amount of time before CP was created, which was committed to CP.

However, petitioners assume and reasonably estimate that Mr. Clearman spent at least 400-

500 hours of productive time on this case before CP and, mainly, during CP’s existence. If the CP

partnership agreement were honored, pursuant to that agreement, Mr. Clearman would be entitled to

25% of the fees earned for work at CP (minus expenses) and 25% of CP expenses recovered in this

case. Likewise, PFA’s partners (Prebeg, Faucett, and Abbott) would be entitled to 75% of fees from

the work Mr. Clearman performed before and while at CP on this case, as well as 75% of CP’s

expenses. However, Mr. Clearman has apparently repudiated that agreement and petitioners are not

aware of his hours.

Petitioner’s regular hourly rates charged over the course of this case from 2010 through 2018

are in line with those charged by the Houston-area legal community for complex litigation of this



type. Prebeg Decl.7 Thus, these fees, regardless of whether one applies petitioner’s typical historical

or current rates, are reasonable. The following shows these hours charged at typical historical

(scenario 1) versus current (scenario 2) rates for both the CP firm and the PFA firm:

Firm

Hours

Lodestar (Scenario 1)

Lodestar (Scenario 2)

CP Windup LLP

2,410.9

$814,355

$964,045

Prebeg, Faucett & Abbott PLLC

1,742,25

$754,325

$979,980

Total Attorney Hours: 4,153.2

Total Attorney Time x Rate: $1,568,680 $$1,762,025

7 See, e.g., Eni US Operating Co. Inc. v. Transocean Offshore Deepwater Drilling Inc., 4:13-CV-03354, 2018 WL 2271162, ad *1 (S.D. Tex. May 16, 2018) (noting that “courts consider the attorney’s regular rates as well as the prevailing market rate,” which it defines as “the rate ‘prevailing in the community for similar services by lawyers of reasonably comparable skill, experience and reputation.’,” and holding that “[r]ates ranging from $360 to $800 per hour are reasonable in comparision to the prevailing market rates in Houston, Texas, for comparable law firms and attorneys”) citing Blum v. Stenson, 465 U.S. 886 (1984)(underlining added); accord Rouse v. Target Corp., 181 F.Supp.2d 379, 385 (S.D. Tex. 2016)(noting that, even two years ago, “firms in Texas charge hourly rates averaging from approximately $655 for partners and $417 for associates”)(underlining added).

Also, with respect to proof of what constitutes a reasonable hourly rate in the community, see also, e.g.: Johnson v. Bodi Services, LLC, 2018 WL 3621056 (S.D. Tex. May 8, 2018)(holding that “[g]enerally, the reasonable hourly rate for a particular community is established through the requesting attornye’s affidavit and the affidavits of other attorneys practicing in the same locale…” but adding that “the attorney’s own declaration may be enough if supported by evidence sufficient to determine the prevailing market rate”); see also Klein v. O’Neal, Inc., 705 F.Supp.2d 632, 680 (N.D. Tex. 2010), as modified (June 14, 2010)(noting that District Courts themselves are “experts” on attorneys fees and may rely on their own judgment and experience in the community to determine reasonable rates in the community: “a court itself is an expert in attorneys’ fees and ‘may consider its own knowledge and experience concerning reasonable and proper fees and may form an independent judgment with or without the aid of witnesses as to value.’[citations omitted]”); see also Powell v. C.I.R., 891 F.2d 1167, 1173 (5th Cir.1990); Altier v. Worley Catastrophe Resp., LLC, Civil Action Nos. 11-241, 11-242, 2012 WL 161824, at *22 (E.D. La., Jan 18, 2012), citing La. Power & Light Co. v. Kellstrom, 50 F.3d 319, 328 (5th Cir.1995); In re High Sulfur Content Gasoline Prod. Liab. Litig., 517 F.3d 220, 228 (5th Cir. 2008).



Petitioners’ rates, under either their typical historical or even their current rates, are reasonable

and in line with the $360-to-$800 range (inclusive of associates and partners) this Court has recently

acknowledged as common in this community for complex class action litigation of this type.

These rates are also objectively reasonable and in keeping with rates approved in this District

under a blended, cross-check method. Courts in this Circuit often approve blended rates in this range.8

Petitioners’ requested fees thus are objectively reasonable and in line with other approved rates and

fee awards in this District whether a typical historical rate (here, $250 to $600/hour) or current rate

($350 to $600/hour) is used.

Petitioners’ hours presented here, moreover, were all reasonably incurred and were neither

“unproductive, excessive, or redundant” under the circumstances.9 The hours presented have been

thoroughly reviewed and time written off concluded to be unproductive or unnecessary. Prebeg Decl.

D. Petitioners’ Request a 1.9 Multiplier, Consistent with Those Often Awarded in this District for Similar Successful Results.

Petitioners also request a multiplier to compensate the firm for extraordinary efforts and

success on behalf of the class. As already noted by other counsel for the class, the mean multiplier

applied in the Fifth Circuit is 2.07, and other recent cases have used a multiplier of 1.97.10 Applying

a 1.9 multiplier to the petitioners’ hours at petitioners’ current rates (scenario 2, above) would mean

a resulting fee award of $3,164,170, as applied to the average between using petitioners’ historical

rates (scenario 1, above) and current rates (scenario 2, above).

8 See, e.g., In re Vioxx Products Liab. Litig., 760 F.Supp.2d 640, 569 (E.D. La. 2010)(“the lodestar cross-check can be simplieifed by use of a blended hourly rate”); see also, e.g., Klein, 705 F.Supp.2d 632 ($500/hour blended rate); In re Enron Corp., 586 F.Supp.2d at 779 ($456/hour blended rate). 9See, e.g., Saizan v. Delta Concrete Prod. Co., 448 F.3d 795, 799 (5th Cir. 2006). 10 See Dkt. 291 at 15, citing Theodore Eisenberg & Geoffrey Miller, Attorney Fees and Expenses in Class Action Settlements: 1993–2008, 7 J. EMPIRICAL LEGAL STUDIES 248 (2010); see also, e.g., Billitteri v. Sec. Am., Inc., No. 3:09-CV-01568-F, 2011 WL 3585983, at *9 (N.D. Tex. Aug. 4, 2011) (1.97 multiplier); Turner v. Murphy Oil, USA, Inc., 472 F. Supp 2d 830, 869 (E.D. La. 2007) (2.5 to 3.5 multiplier); Klein v. O’Neal, 7 0 5 F . S u p p . 2 d 6 3 2 (2.5 multiplier, and citing other class actions applying multipliers of up to 4.5).



E. Petitioners’ Requested Fees and Multiplier Also Satisfy the Johnson Factors. Petitioners’ requested fee award and multiplier are also reasonable if viewed through a

“Johnson Factors” lens, especially since many of the factors overlap with items considered in a

lodestar calculation (e.g., novelty and complexity of issues, special skills and experience of the

plaintiffs’ attorneys, the quality of the representation, results obtained by those attorneys, limitations

imposed by the client and other circumstances; foregoing of other employment).11

1. First Johnson Factor: Time and Labor Involved.

Petitioners invested over 4,000 hours of attorney time, excluding the time spent my Mr.

Clearman while at CP, in bringing this case to settlement. This does not include the CP time spent

by Mr. Clearman and excludes all of the substantial amount of time and effort invested by secretaries,

paralegals and law clerks that was necessarily required to accomplish this result. Petitioners also

invested $187,557.38in expenses related to the case.

The substantial effort petitioners’ devoted to this case was necessary to navigate through the

exhaustive motion practice, discovery, and appeals in this hard-fought litigation. The defendants

aggressively defended every aspect of this case, and this case could not have been settled if petitioners

had not made the decision to devote their resources to this case, at the expense of taking on other

opportunities.

2. Second Johnson Factor: Novelty and Difficulty of the Issues.

As other class attorneys have noted in their fee applications, before this case, there had been

no successfully certified RICO class action against an alleged multi-level marketing pyramid scheme

since the 1990s. The plaintiff class also had to overcome unfavorable Fifth Circuit precedent like

Sandwich Chef of Tex., Inc. v. Reliance Nat'l Indem. Ins. Co.,319 F.3d 205 (5th Cir. 2003) that had

11 In re Enron, 586 F.Supp.2d at 756-57.



introduced reliance issues on which the initially unfavorable 5th Cir. panel heavily relied before the

class’s ultimately successful en banc rehearing.

This case also required nine years of litigation before this Court and involving two separate

appeals to the Fifth Circuit, a rare, successful en banc rehearing in plaintiffs’ favor, and not one but

two separate U.S. Supreme Court petitions for certiorari. All of these things clearly establish the

“novelty and difficulty” of the issues here.12

Although the Bridge v. Phoenix Bond case13 provided the authority to plead a RICO action

without specifically stating a plausible reliance element that could be proven on a class-wide basis, it

provided no commonly understandable roadmap for pleading and proving, on a class-wide basis, the

element of causation. That was an open question, which required significant research of subsequent

interpretations of Bridge and its progeny by various courts in order to satisfy the causation element.

Arguably, this case was successful because of petitioners’ work to develop proof of causation and

harmonize that proof with the various circuit opinions’ interpretations of how this element could be

satisfied on a class-wide basis.

Nor did the Bridge case provide guidance on how to avoid dismissal of a RICO action as a

result of preclusion under the PSLRA. Petitioners carefully researched this issue, modified the

complaint accordingly, and then defeated a motion for dismissal on grounds of RICO preclusion. For

these reasons, and for those stated in the fee petitions previously filed (Dkts. 291, 292, and 295), this

fee petition should be granted.

3. Third Johnson Factor: The Skill Required to Perform Legal Services.

12 See Erica P. John Fund, Inc., supra, 2018 WL 1942227, at *10 (multiple Supreme Court appeals and reversal of precedent “demonstrate the novelty and difficulty of the legal issues in this case.”). 13 Bridge v. Phoenix Bond & Indem. Co., 553 U.S. 639, 128 S. Ct. 2131, 170 L. Ed. 2d 1012 (2008).



Petitioners are experienced commercial litigators with long, successful track records in state

and federal courts all around the country. Prebeg, in particular, has litigated and tried many cases,

from commercial and consumer lawsuits, complicated patent, trade secrets, and other intellectual

property lawsuits, to highly complex product liability cases and other complex commercial cases. See

Prebeg Decl.

Petitioners reviewed and uncovered many of the key documents that then served to support

depositions of key defendant witnesses and experts and to support the class’s successful certification

and summary judgment briefing and appeals. Petitioners primarily wrote a significant number of the

successful motions and responses in this case, including but not limited to Dkt. 104, defeating a

motion for sanctions concerning defense expert Carmona, Dkt. 139, response to a motion to strike

evidence, Dkt. 148, a successful motion to strike the defendants’ expert Carmona, Dkt. 167 a motion

to strike the defendants’ revised arbitration affirmative defense14, Dkt. 176, motion to approve class

notice, Dkt. 177, motion for trial setting, Dkt. 237, response to motion to dismiss on the pleadings

(PSLRA preemption and multiple other grounds), and Dkt. 250, response to motion to certify for

immediate appeal.

Prebeg also took and presented witnesses for depositions in this matter, including the

depositions of Logan Stout, Brian Lucia, defense expert Joseph Mariano, and class representatives

Christopher Robison and Lucas Thomas. Petitioners helped prepare other counsel so they could take

effective depositions. Petitioners also were key collaborators and contributors with other class

attorneys in other keystone motions for the plaintiffs, such as the motion for class certification, motion

for summary judgment, and multiple appeals after the class was certified.

4. Fourth Johnson Factor: Preclusion of Other Employment.

14 If this defense were not stricken, it could have significantly affected the size of the class, the value of the case, and the potential for settlement.



CP was, and PFA is, a small firm that ranged between four and seven attorneys throughout

the pendency of this case. Petitioners had to choose between taking on additional work that would

require significant attorney attention and expense funding, or devoting their hours and their available

funds for expenses to pursue this class action.

This case demanded a large percentage of Prebeg’s time during critical periods in this case,

including the time leading up to and immediately after the class certification hearing, during

preparation of briefing for multiple appeals of the class certification order, and in defeating the various

defense motions filed shortly after the case was remanded after the successful en banc appeal. The

case demanded the near-full-time attention of Caldwell particularly in the crucial 2012-2014 pre-

appeal period given Clearman’s decline and eventual total absence (during the period when most of

the heavy litigation took place, including depositions, written discovery review, expert reports,

motions to sanction Clearman, motions to compel and to strike, briefing on summary judgment and

for class certification and hearings on the same), as well as significant involvement at various points

of Faucett and Abbott. This factor, too, therefore justifies the petitioners’ requested fees and

multiplier.15

5. Fifth Johnson Factor: A Customary Fee for Similar Work in the Community.

Petitioners refer the Court to sections I.a. and I.b. above, addressing this factor and

establishing that petitioners’ requested fees are reasonable and perfectly in line with those charged by

other attorneys in this district, and in this case, for similar, complex work. These reasons, and those

stated in the fee petitions previously filed (Dkts. 291, 292, and 295), favor this petition for fees.

6. Sixth Johnson Factor: Whether the Fee is Fixed or Contingent.

15 Slipchenko, supra, 2015 WL 338358, at *19 (finding this factor weighing in favor of requested fees where four out of seven lawyers in a practice group within a larger firm -spent more than 50 hours on the case). This reasoning would apply even more strongly in the case of a small firm with even more limited infrastructure and resources like PFA.



This factor, and the fact that petitioners took this challenging case on a contingent fee, is

“particularly relevant considering the difficulty presented by the facts and legal questions in this case

and the very real risk of obtaining no recovery at all.”16 Petitioners have “incurred significant

expenses and provided thousands of hours of diligent legal work on this case with the very real

possibility of no recovery or a very limited recovery.”17 They committed these resources to the class

well before they knew if the case would be certified and before they knew they would defeat a PSLRA

preemption argument. Petitioners committed enormous resources to this case after receiving an

opinion from the 5th Circuit that reversed the class action certification, in order to pursue a statistically

small chance that the 5th Circuit would later grant a rare en banc review, which would ultimately

result in success for the class.

Possibly even as significant, petitioners devoted a large portion of their limited resources to

pursue this case when, even if a favorable judgment were received at trial, the judgment might not be

collectible. Petitioners were not aware of any insurance available to defendants to satisfy all or even

a portion of any judgment, and if a favorable judgment had been rendered, several more years of

appeals were anticipated. Petitioners could not predict whether defendants would have the resources

(or, for some, would even exist) to pay a judgment after the appeals process.

7. Seventh Johnson Factor: Time Limitations Imposed by the Client or the Circumstances.

As mentioned in section 4 above, CP was, and PFA is, a small firm that ranged between four

and seven attorneys throughout the pendency of this case. Its attorneys were required to review

hundreds of thousands of pages of emails, documents, and other data obtained via subpoena from the

16 Billitteri v. Sec. Am., Inc., 3:09-CV-01568-F, 2011 WL 3585983, at *7 (N.D. Tex. Aug. 4, 2011). 17 Id. (and therefore awarding a pure percentage attorney fee in that case of 25% of the total settlement value).



defendants’ massive, independently-housed, electronic database, engage in years of demanding

motion practice, research, depositions, and hearings.

The attorney effort and expense funding requirements of this case could not be easily deferred

to a time when it was convenient for petitioners to attend to them. When motions or responses were

required, or when the interlocutory appeal of the class certification order was granted, petitioners had

to make the choice to set aside work on other cases, or refuse other work, and prioritize the

development of this case. This factor supports the reasonableness of petitioners’ requested fees.

8. Eighth Johnson Factor: Amount Involved and Results Obtained.

The U.S. Supreme Court and Fifth Circuit have noted this is the “most critical factor in

determining the reasonableness of a fee award.”18 This settlement provides over 170,000 class

members an opportunity to receive significantly increased compensation for their efforts as

distributors, and provides them with free support services from defendants. As explained by Paul

Taylor in his report, attached as Exhibit C to the application of the Sommers PC firm, Dkt. 291, these

benefits, for those class member who choose them, have a value of up to $54,000,000 in support fees

and an additional $38,500,000 in commissions. For those who choose a cash payout, this settlement

requires defendants to pay class members 20% of their cash losses. For these reasons, and for those

stated in the fee petitions previously filed (Dkts. 291, 292, and 295), this factor favors petitioners’

requested fees.

9. Ninth Johnson Factor: Experience, Reputation, and Ability of the Attorneys.

18 In re Heartland Payment Sys., Inc. Cust. Data Sec. Breach Litig., 851 F.Supp.2d 1040, 1085 (S.D. Tex. 2012), citing In re Enron (“Enron II”), 586 F.Supp.2d 732, 796 (S.D. Tex. 2008); see also, e.g., Farrar v. Hobby, 506 U.S. 103, 114, 113 S.Ct. 566 (1995); Migis v. Pearle Vision, Inc., 135 F.3d 1041, 1047 (5th Cir.1998)); Slipchenko, supra, 2015 WL 338358, at *19; Billitteri v. Sec. Am., Inc., supra, 2011 WL 3585983, at *8.



As stated above, petitioners are highly experienced litigators. Prebeg, Faucett, and Abbott

have appeared in courts throughout the country in complex litigation, including intellectual property

and other commercial disputes. Their historical client base ranges through many foreign countries.

Prebeg maintains an AV Preeminent rating by Martindale Hubbell, signifying the highest possible

rating in both legal ability & ethical standards. Petitioners’ ability, experience, and reputation justify

their requested fees.

10. Tenth Johnson Factor: The “Undesireability of the Case.”

This factor is often linked to the novelty and difficulty factors.19 Accordingly, the “‘risk of

non-recovery’ and ‘undertaking expensive litigation against…well-financed corporate defendants on

a contingent fee’” may make a case constructively “undesirable” in this context, thereby justifying a

higher fee for the attorneys taking on the risks of the representation, as the petitioners did here.20

This case involved litigation taken on a contingent fee that lasted almost 10 years and involved

multiple appeals, a rare Fifth Circuit en banc reversal of a panel in the plaintiffs’ favor and two, U.S.

Supreme Court certiorari petition attempts. For these reasons, and for those stated in the fee petitions

previously filed (Dkts. 291, 292, and 295), this petition for fees is warranted.

11. Eleventh Johnson Factor: The Nature and Length of the Professional Relationship with the Client.

By the time CP was formed in late 2010, Mr. Clearman and Mr. Burnett had already

established a relationship with putative class representatives Mr. Juan Ramon Torres and Mr. Eugene

Robison. This case has been active since early 2011 after the 5th Circuit overturned its early

dismissal. Mr. Torres did not become a class member, and he was not elevated to class representative.

This petition seeks no fees in connection with funds that may be paid to Mr. Torres. Petitioners

19 Slipchenko, 2015 WL 338358 at *19. 20 Erica P. John Fund, Inc., supra, 2018 WL 1942227, at *12, citing Braud v. Transport Serv. Co. , 2010 WL 3283398 at *13 (E.D. La. Aug. 17, 2010).



maintained a professional relationship with Eugene Robison until he became gravely ill and then died

in 2015. Petitioners thereafter established a professional relationship with class member Lucas

Thomas, and eventually were able to achieve promotion of Mr. Thomas, and Christopher Robison,

Eugene’s son, as class representatives. Petitioners were required to gather and produce extensive

discovery responses for both Mr. Thomas and Mr. Robison, prepare for and present them at

depositions, and consult with them for purposes related to this case.

12. Twelfth and Final Johnson Factor: Awards in Similar Cases.

As other class attorneys have noted, this factor, too, weighs in favor of petitioners’ requested,

enhanced award. A recent, similar Herbalife settlement, also involving a multilevel marketing scheme

resulted in an attorney fee of approximately $4.9 million with much less in the way of actual payments

or any real benefits to the much larger class (there, however, an FTC action apart from the civil class

action resulted in the $200 million consumer fine). A settlement involving multilevel marketing

company Amway also resulted in attorney’s fees of $15 million with a 2.29 lodestar multiplier on

a settlement of, at most, $55 million.

These cases indicate the fee award and multiplier requested here are reasonable and in line

with those in similar cases. For these reasons, and for those stated in the fee petitions previously filed

(Dkts. 291, 292, and 295), this factor supports this fee petition.

F. Pets’ Requested Incurred Costs and Expenses Are Also Reasonable. District Courts also routinely award “expenses and administrative costs” in a class action

settlement of this kind that include “expert fees, transportation, meals and lodging, in-house and

outsourced photocopying, research, court reporting fees and deposition transcripts, overnight courier

services, postage, and other services.”21

21 Billitteri, 2011 WL 3585983, at *10.



Petitioners necessarily incurred $187,557.38 in costs and expenses in this matter. Prebeg Decl.

These costs included the costs for deposition recording and transcripts, document preparation,

database storing, and reproduction, exhibit preparation, expert costs, as well transportation costs to

Dallas for various depositions (where Stream/Ignite is located) and to New Orleans for two separate

Fifth Circuit oral argument hearings.

G. Incentive Awards Requested for the Named Class Representative Plaintiffs Are Reasonable and Appropriate.

Representative parties may be awarded “reasonable costs and expenses (including lost

wages)” relating to the representation of the class.22 As noted in the attorney fee petitions filed

by class attorneys Kochanowski and Burnett (Dkt. 291-92), the defendants here, as part of the

parties’ settlement, have agreed to pay and not oppose incentive awards to named plaintiff

representatives of $15,000 for the Eugene Robison Estate and $5,000 for plaintiffs Luke

Thomas. Juan Ramon Torres was not a class representative, defendants have also agreed to pay

him a fee of $5,000 for his efforts (see Dkt. 289-1 and 291-2). Petitioners seek no portion of

any of these incentive awards. These sums are reasonable and unopposed and should be

awarded for the reasons already discussed in other class attorneys’ motions on this point.

IV. CONCLUSION For the reasons discussed here, petitioners therefore request an award of their incurred fees in

the amount of $3,164,170, and for their costs and expenses in the amount of $187,557.38, for a total

requested award of $3,351,727. Petitioners also reserve the right to revisit their requested fees if later

circumstances require additional representation of the class arising out of this case and/or its appeals

and/or settlement, and to revise this attorney fee request as other fee applications are filed by the

class’s other counsel.

22 Erica P. John Fund, Inc., 2018 WL 1942227, at *14.



Respectfully submitted September 13, 2018,

By: /s/ Matthew J.M. Prebeg

PREBEG, FAUCETT & ABBOTT PLLC

Matthew J.M. Prebeg (Attorney-in-Charge) Texas State Bar No. 00791465 Southern District Bar No. 603742 Email: [email protected] Brent T. Caldwell Texas State Bar No.: 24056971 Southern District Bar No. 827326 Email: [email protected]

Attorneys for Plaintiffs

CERTIFICATE OF SERVICE

I certify that on September 13, 2018, the foregoing document was served upon all counsel of

record by email and through the Court’s CM/ECF system.

_/s/ Brent Caldwell Brent Caldwell


IN THE UNITED STATES DISTRICT

COURT FOR THE SOUTHERN DISTRICT

OF TEXAS HOUSTON DIVISION

Juan Ramon Torres and Eugene Robison, Civil Action No. 4:09-cv-

2056 Plaintiffs, Jury Demanded

vs.

SOE Management, LLC; Stream Gas & Electric, Ltd.; Stream SPE GP, et al,

Defendants.

DECLARATION OF MATTHEW J.M. PREBEG

I, Matthew J.M. Prebeg, declare:

1. I am an attorney licensed to practice law in the State of Texas and have been

admitted to practice before this Court. I am a partner with the law firm of Prebeg, Faucett &

Abbott PLLC and was a partner in the firm formerly known as Clearman|Prebeg LLP and now

known as CP Windup LLP.

2. I earned a Bachelor of Science degree from the University of Illinois, Urbana-

Champaign, Bachelor and Master of Science degrees from Texas A&M University, A Ph.D. in Engineering from Texas A&M University, and a J.D. from the University of Texas, Austin.

3. Before practicing as a lawyer, I owned and operated several businesses that

provided services in the engineering, design, testing, and manufacturing fields, and sold construction products.

4. I have practiced law since 1994 and have been a partner in several law firms. I

am rated AV Preeminent rating by Martindale Hubbell, the highest possible rating in both legal ability and ethical standards, and have been previously certified by the Texas Board of Legal Specialization.

5. I am admitted to practice in United States District Courts for the Federal Circuit,

the Southern, Western, Eastern, and Northern Districts of Texas, the Eastern District of

Michigan, and the District of Colorado. I have practiced before these courts, as well as the Texas Supreme Court and various courts of appeals and trial courts throughout Texas.I have been admitted on a pro hac vice basis in federal and state courts throughout the United States, including:

Case 4:09-cv-02056 Document 297-1 Filed in TXSD on 09/13/18 Page 1 of 4

California, Colorado, Delaware, Florida, Georgia, Idaho, Illinois, Michigan, North Carolina, Oregon, South Carolina, Texas, Washington, Wyoming, and Wisconsin.

6. I have represented, as lead counsel, corporations and individuals from Texas,

various other states, and several other countries, in matters filed throughout the United States. I have represented Brunswick Corporation, Mercury Marine, Cooper Tire & Rubber, Crestliner, ProLine, Genrnar Corporation, Design Pallets, Inc., Amica Insurance, State Farm Insurance, Wellcraft, Sperry-Sun, Dresser Industries, Sea Ray, Wacoh Company, UBE Industries, Advanced Electrolyte Technologies Inc., Milestone Co., Ltd., Takion Co., Ltd., Cellport Systems, Inc., ITP, Inc., Geophysical Service Incorporated, Edison Electric, Amperex Technologies, Ltd., and others in complex commercial, consumer, product or intellectual property disputes.

7. I have litigated and successfully tried cases to verdicts in various state and federal

courts, securing several multi-million dollar plaintiff verdicts or settlements. My trial court experience includes commercial litigation, breach of fiduciary duty, patent infringement and other intellectual property disputes, shareholder derivative action, state and federal RICO action, class action, product liability, and consumer disputes.

8. Prior to my involvement in this case, I represented Brunswick Corporation,

Mercury Marine Division, in their defense of the purported class action Edward Barnot, on Behalf of Himself and all Others Similarly Situated v. Mercury Marine, a Division of the Brunswick Corporation, Cause No. 20427, in the District Court of Chambers, County, Texas and later Cause No. 2003-38625 in the District Court of Harris County, Texas. Prior to my involvement in this case I did not have involvement with other class action lawsuits. While involved in this case, I represented plaintiffs in a RICO class action filed in the 11th Circuit, and I currently represent plaintiffs in a RICO class action involving a multi-level marketing pyramid scheme lawsuit filed in the Eastern District of Michigan.

9. Petitioners invested an enormous amount of time and resources to bring this case

to a successful resolution. Petitioners reviewed and uncovered many of the key documents that then served to support depositions of key defendant witnesses and experts and to support the class’s successful certification and summary judgment briefing and appeals. Petitioners primarily wrote a significant number of the successful motions and responses in this case, including but not limited to Dkt. 104, defeating a motion for sanctions concerning defense expert Carmona, Dkt. 139, response to a motion to strike evidence, Dkt. 148, a successful motion to strike the defendants’ expert Carmona, Dkt. 167 a motion to strike the defendants’ revised arbitration affirmative defense, Dkt. 176, motion to approve class notice, Dkt. 177, motion for trial setting, Dkt. 237, response to motion to dismiss on the pleadings (PSLRA preemption and multiple other grounds), and Dkt. 250, response to motion to certify for immediate appeal. Prebeg took and presented witnesses for depositions in this matter, including the depositions of Logan Stout, Brian Lucia, defense expert Joseph Mariano, and class representatives Christopher Robison and Lucas Thomas. Petitioners helped prepare other counsel so they could take effective depositions. Petitioners also were key collaborators and contributors with other class attorneys in other keystone motions for the plaintiffs, such as the motion for class certification, motion for summary


judgment, and multiple appeals after the class was certified.

10. I have been informed that Eugene Robison, formerly the class representative

appointed by this Court, by March of 2014 was diagnosed with lung cancer, and that between April and approximately November of 2014, received aggressive treatment for lung cancer, including proton therapy, chemotherapy, and radiation treatments, he thereafter stopped these treatments, and that Eugene Robison died on June 11, 2015.

11. Attached to this declaration is Exhibit A-1, a copy of the partnership of the firm

formerly known as Clearman|Prebeg LLP, and now known as CP Windup LLP. Shortly after CP was started, my strong understanding is that the partners agreed that cases they brought to the firm and that still required substantial work would be committed to the firm, with any eventual fees being divided among the partners equally. This did not include two cases previously developed by Mr. Clearman. Neither of those two cases was this case. Prebeg, Faucett, and Abbott paid fees from their cases to CP accordingly, and Mr. Clearman accepted those fees.

12. The litigation that ensued between Mr. Clearman and his other partners at CP

resulted in a settlement agreement. That agreement did not include resolution of fees from this case.

13. Attached to this declaration is Exhibit A-2, a copy of the joint fee agreement

between Clearman|Prebeg LLP, Jeffrey W. Burnett PLLC, and the Sommers Schwartz firm. This agreement was signed by Mr. Clearman for the Clearman|Prebeg firm.

14. Attached to this declaration is Exhibit A-3, a copy of the proposal for a second

restated fee agreement to include the Goldstein & Russell P.C. firm. This agreement was signed by class counsel Prebeg and Kochanowski, and by Burnett. It was not signed by Mr. Clearman. The handwritten notations on this proposal were sent to me by Mr. Clearman.

15. Attached to this declaration is Exhibit A-4, a copy the agreement to hire the

Goldstein & Russel, P.C. firm as appellate counsel in this matter. 16. Attached to this declaration is Exhibit A-5, a copy of the representation agreement

with Luke Thomas. 17. Attached to this declaration is Exhibit A-6, a copy of the expenses recorded by the

firm formerly named Clearman|Prebeg LLP for expenses required in this case. 18. Attached to this declaration is Exhibit A-7, a copy of the expenses recorded the

Prebeg, Faucett & Abbott PLLC firm for expenses required in this case. 19. Attached to this declaration is Exhibit A-8, a copy of a report of work and time

performed by petitioners and an associate on this case. The time entries were made from


concurrent records of events and tasks. Time amounts were recorded as conservative estimates of the time actually spent on the task as reported by the timekeeper to the nearest tenth or quarter of an hour, depending on the timekeeper’s custom. Where concurrent records of events and tasks were not available, no event or time was recorded. This has resulted in a conservative reporting of time. Where time was deemed by me to be unnecessary or unproductive, it was written off by the notation of “0” in the column labelled “adjust.” Under the “Tmkpr” column, “BTC” means Brent Caldwell, “CMF” means Christopher Faucett, and “MJP” means Matthew Prebeg.

20. The typical published rates for attorneys at the firm formerly known as

Clearman|Prebeg LLP, now known as CP Windup LLP, ranged from $250 per hour for Mr. Caldwell to $500 per hour for Prebeg, Faucett, and Abbott. The rate reported in the time records was the best known rate at the time the task was done. The current published rate for Mr. Caldwell is $350 per hour and the current published rate for Prebeg, Faucett, and Abbott is $600 per hour.

I declare under penalty of perjury that the foregoing is true and correct.

Executed on September 12, 2018, in Houston, Texas.

Matthew J.M. Prebeg


PARTNERSHIP AGREEMENT for

ClearmanPrebeg LLP

THIS PARTNERSHIP AGREEMENT ("Agreement") is made and entered into to be effective as of the SA day of I>c,.-......~ ,2010, by and between those individuals listed on Exhibit "A" attached to this Agreement, each of them being an individual currently licensed to practice law in the State of Texas (each referred to herein as a "Partner" or collectively as "Partners").

ARTICLE I. THE PARTNERSHIP

Section 1.1 Formation and Name. The parties hereby form a limited liability partnership under the name of ClearmanPrebeg LLP (the "Partnership") pursuant to Sections 152.052 and 152.801 of the Texas Business Organizations Code (the "Code") and the other provisions of the Code. It is the intention of the parties hereto to form and organize a limited liability partnership whereby each individual Partner shall not be individually liable, directly or indirectly, for debts and obligations of the Partnership arising from errors, omissions, negligence, incompetence or malfeasance, committed in the course of the Partnership business by another partner or a representative of the Partnership. The Partners shall timely execute and file all assumed or fictitious name certificates required by law to be executed and filed in connection with the Partnership. The Partners may at any time change the name of the partnership or adopt such trade or fictitious names as deemed appropriate.

Section 1.2 Principal Place of Business. The principal place of business of the Partnership shall be 815 Walker Street, Suite 1040, Houston, Harris County, Texas 77002, or such other location as the Partners may from time to time designate.

Section 1.3 Term. The term of the Partnership shall commence as of the date hereof and be perpetual or until terminated in accordance with the terms and conditions contained herein.

Section 1.4 Purpose of the Partnership and Scope of Authority.

A. The principal purpose of the Partnership is to conduct those professional services that are licensed by the State of Texas for the practice of law.

B. Subject to the laws of the State of Texas, the Partnership may do all and everything necessary and proper for the accomplishment of the stated purposes herein or the attaining of any of the objects for the furtherance of any of the purposes enumerated in this Agreement or any amendment thereof, necessary or incidental to the protection and benefit of the Partnership, either alone or in association with other firms, individuals, corporations, joint ventures or associations, to carry on any lawful pursuit necessary or incidental to the accomplishment of the purposes or the attainment of the objects and the furtherance of such purposes or objects of this Partnership.

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C. It is expressly understood and agreed that no Partner, unless such Partner has withdrawn as a Partner from the Partnership, may engage in activities which compete with those of the Partnership.

ARTICLE II CAPITAL CONTRIBUTIONS; CAPITAL ACCOUNTS

Section 2.1 Capital Contributions of Partners. Each Partner shall contribute, in cash, to the capital of the Partnership, such Partner's respective initial capital contribution, as shown opposite such Partner's name on Exhibit "A" attached hereto. Each Partner shall also guarantee any loan from a third party lender necessary to acquire initial or subsequent working capital for the operation of the Partnership or to purchase the equipment and other fixed assets to be used by the Partnership, provided that each such loan is agreed and approved by all of the Partners.

Section 2.2 Ownership Interest in Partnership. Each Partner's percentage ownership interest in the Partnership shall be that percentage opposite such Partner's name on Exhibit "A" attached hereto, or such other percentage as may be specified from time to time by a vote of the Partners.

Section 2.3 Capital Accounts. An individual Capital Account shall be maintained for each Partner in accordance with regulations under Section 704 under the Internal Revenue Code. The amount in a Partner's Capital Account initially shall be the amount of such Partner's initial Capital Contribution. A Partner's Capital Account shall be credited with any other voluntary capital contribution made by it, if and when made. A Partner's Capital Account shall be credited or charged annually with such Partner's distributive share of Partnership income, gain, loss, deductions or credits determined pursuant to Article V, together with any items of deduction or credit which are directed by such Partner to be paid by the Partnership for such Partner. The capital account shall not bear interest. No Partner shall have the right to demand the return of such Partner's Capital Contribution except as provided in this Agreement.

Section 2.4 Ownership of Partnership Properly. The Partnership real or personal property, and all other property acquired by the Partnership, shall be owned by the Partnership, such ownership being subject to the other terms and provisions of this Agreement. Each Partner hereby expressly waives the right, if any, to require partition of the Partnership property or any part thereof.

ARTICLE III. MANAGEMENT OF PARTNERSHIP

Section 3.1 Management by the Partners. The management and control of the business and affairs of, and the authority to make all decisions affecting the Partnership shall at all times be vested in the Partners; provided, however, it is contemplated that the Partners shall delegate the day-to-day duties of the operation to different Partners who shall be given the authority to implement such duties. The Partners designate SCOTT M. CLEARMAN to be the Managing Partner of the Partnership (which designation may be changed from time to time by the vote of all the Partners). Such services shall be performed by each Partner without additional compensation or distributions. Each Partner agrees not to unreasonably withhold

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approval or consent to any proposal made by any other Partner relating- to the business and affairs of the Partnership. Seventy-Five Percent (75%) in interest, not in number, of the Partners must approve any decision to bind the Partnership, except for the borrowing of money, which shall require one hundred (100%) approval by the Partners. In the event that any Partner requests in writing the approval of the other Partners to or for any proposed action within the scope of this Partnership and the party to whom such request is made fails to give notice to the said Partner of disapproval within ten (10) days after receipt of such request, then, in such event such failure to respond shall be deemed to be approval of the matter for which approval was requested. Decisions of each Partner shall be effective upon the vote of each such Partner. Each Partner agrees to execute, acknowledge and deliver such other instruments or documents as may be necessary in connection with the business of the Partnership. Except for the borrowing of money (as previously mentioned in this section), notwithstanding anything contained herein to the contrary, the Partners specifically agree that it shall be necessary that Seventy-Five Percent (75%) or more in interest and not in numbers of the Partners approve any decision which would result in any individual expenditure that is equal to or greater than $5,000.00, other than monies specified in the initial budget or any subsequent budget which has been approved by all the Partners, or spent in the ordinary course of business of the Partnership.

Section 3.2 Limitations on Each Partner's Authority. Each Partner shall obtain the prior written approval of, or the actual joinder of all the other Partners, subject to the above, in the following acts:

A. entering into contracts, leases, and other agreements, whether written or verbal, with third parties in the name of the Partnership, other than in the ordinary course of business of the Partnership;

B. use of the Partnership's name solely or independently of the other Partners;

C. acquisition, sale, or lease of any real or personal property or any of the Partnership property outside of the normal course of business of the Partnership;

D. doing any act in contravention of this Agreement;

E. doing any act which would make it impossible to carry on the ordinary and necessary business of the Partnership;

F. confessing a judgment against the Partnership;

G. possessing Partnership property, or assigning such Partner's rights in specific Partnership property for other than a Partnership purpose;

H. making, executing or delivering on behalf of the Partnership any general assignment for the benefit of creditors, or any bond, guaranty, indemnity bond, or surety bond;

I. assigning, transferring, or pledging any claim of the Partnership except for full payment;

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J. incurring any Partnership liability outside the scope of this Agreement and not in furtherance of a Partnership purpose;

K. Borrowing money on behalf of the Partnership for any purpose or pledging any of the Partnership property for any purpose;

L. creating any personal liability for any Partner other than that personal liability to which any Partner may have specifically agreed in writing; or

M. admitting a person or entity as a Partner.

Section 3.3 Liabilities. The obligations and liability of each Partner, as among themselves, with respect to any and all liabilities in connection with the business of the Partnership, shall be shared in accordance with each Partner's interest in the Partnership. Each Partner does hereby agree to indemnify the other Partners against its payment of any liability in amounts exceeding the percentages set forth in Exhibit "A" opposite their names so long as the liability was incurred in connection with the business of the Partnership. If the liability was incurred outside the scope of this Partnership Agreement, the Partner incurring such liability shall fully indemnify the other Partners in regard to such liability or claim.

ARTICLE IV. DISTRIBUTIONS

Section 4.1 Cash Distributions. The cash available for distribution from the Partnership is its net profits from ordinary operations as reported for federal income tax purposes plus depreciation and amortization, if any, and other non-cash charges deducted in determining such net profits, minus principal payments on all debt service to include mortgages, equipment purchases and/or lease contracts, security agreements, other capitalized leases or other debt, determined in accordance with generally accepted accounting principles, less such reasonable reserves as are approved by the Partners. The cash available for distribution from the Partnership shall be determined separately, not cumulatively, for each fiscal year after the Partners have set aside a certain amount for projected operating expenses. The Partners shall distribute to the Partners the cash available for distribution, as determined and approved by the Partners, to the Partners in at least annual installments payable within thirty (30) days of the close of each fiscal year, to be allocated to each Partner in accordance with the partnership interests of each such Partner or as otherwise agreed by all of the Partners. Any such distributions may be adjusted by the amount of any items charged solely to any Partner's capital account by direction of such Partner, in order to equalize (on a prorata basis) the capital accounts of the Partners.

Section 4.2 Allocations to Capital Accounts.

A. The net cash proceeds resulting from the sale, exchange, lease, casualty, or other disposition of all or substantially all of the property of the Partnership or the net cash proceeds resulting from the liquidation of the property of the Partnership following a dissolution of the Partnership shall be distributed and applied in the following manner:

(1) to pay any debts or obligations of the Partnership, including loans made by the Partners to the Partnership;

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(2) to provide for any reserve the Partners deem reasonably necessary to provide for any contingent or unforeseen liabilities or obligations of the Partnership, including the payment of "tail" coverage on a professional liability insurance policy;

(3) to pay any positive balances remaining in the Partners' Capital Accounts; and

(4) remaining balance, if any, shall be distributed in accordance with each Partner's interest in the partnership.

B. Any reserves established pursuant to subsection (2) above, following or in connection with the dissolution of the Partnership shall be held in escrow by a bank or trust company selected by the Partners and, following the expiration of such period of time as the Partners deem advisable, the balance of any reserve remaining after the payment or provision for such contingency shall be distributed in the manner provided by subsection A above.

Section 4.3 Distributions in Kind. No Partner shall be entitled to demand property other than cash in return for such Partner's capital contributions to the Partnership and, to the maximum extent permissible under applicable law, each Partner hereby waives all right to any property owned by the Partnership. If any assets of the Partnership shall be distributed in kind, such assets shall, unless otherwise agreed by all the Partners, be distributed to the Partners entitled thereto as tenants-in-common in the same proportions as such Partners would have been entitled to receive cash distributions.

Section 4.4 Priority. Except as provided in this Agreement, no Partner shall have any priority over any other Partner as to the return of such Partner's contributions to the capital of the Partnership or as to compensation by way of income.

Section 4.5 Agreement to Provide Legal Services. Each Partner (unless such Partner has withdrawn from the Partnership) shall exclusively provide legal services to the clients of the Partnership. All monies and other revenues of each Partner (including the principal shareholder of each Partner) resulting from the practice of law (but specifically excluding other income of the Partner or its principal shareholder not directly related to the practice of law) shall be the property of the Partnership, including referral fees and bonuses.

ARTICLE V. ALLOCATIONS OF INCOME, PROFITS AND LOSSES

Section 5.1 From Operations. Except as provided in Section 5.2, for federal, state and local income tax purposes, for each fiscal year, or any part thereof, of the Partnership all of the income, gains, loss, deduction and credit resulting from the operations and business of the Partnership shall for each such tax period be divided among and allocated to the Partners in the same manner and order of priority as the cash was or is distributed for each such period as determined by Section 4.1 hereof.

Section 5.2 From Capital Transactions of Dissolution and Winding Up. Any net gains and net losses of the Partnership, as determined for federal income tax purposes, resulting from the sale, exchange, lease, casualty or other disposition of Partnership property shall be divided

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among and allocated to the Partners in the same manner and order of priority as the cash was or is distributed for each such period as determined by Section 4.1 hereof.

Section 5.3 Allocations on Transfers. Income, gain, loss, profits, deduction or credit attributable to any Partnership interest which has been transferred shall be allocated between the transferor and the transferee as follows:

A. For the months prior to the transfer, to the transferor.

B. For the months subsequent to the transfer, to the transferee.

C. For the month of the transfer, to the transferee if the transfer occurs on or before the 15th day of such month and to the transferor if occurring thereafter.

For purposes of the above allocation, income, gains, profits, losses and deductions shall be allocated equally among the months of the Partnership's fiscal year without regard to Partnership operations during such months.

ARTICLE VI. TRANSFERS OF INTEREST OF PARTNERS

Section 6.1 General. The Partnership interest of any Partner may be not be assigned or otherwise transferred, in whole or in part, without the prior written consent of all of the Partners.

ARTICLE VII. CESSATION OF THE PRACTICE OF LAW

Section 7.1 Cessation of the Practice of Law. With respect to any Partner (a "Terminated Partner") who has ceased to render professional services in any manner because of death, suspension or revocation of such Terminated Partner's law license in the State of Texas, or termination of such Partner's agreement to provide legal services in accordance with Section 4.5 of this Agreement, the following provisions shall be applicable.

A. In such event, the remaining Partners individually shall have the right and option, but not the obligation, to purchase the entire interest in the Partnership then held by such Terminated Partner, his or her spouse and all transferees, if any, at a purchase price equal to the value of such interest as determined under Section 7.2. In order to exercise such option, the other Partners ("Purchasing Partners") shall give written notice to the Terminated Partner or to the Executor or Administrator of the Estate of the Terminated Partner, as the case might be, and the other Partners no later than thirty (30) days after the date of termination of such Terminated Partner. The notice of exercise of the option shall specify a time, not more than sixty (60) days after the date thereof, and a place in Houston, Texas, at which time and place, the closing shall occur. In the event more than one Partner exercises his or her individual right to purchase, then such Partners may concurrently or consecutively purchase such interest in proportion to their interest in the Partnership. If no election is made, the Partnership shall be dissolved and wound up.

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B. If the Purchasing Partners give the notice pursuant to the preceding subparagraph, at the closing, the Terminated Partner or the Executor or Administrator of the Terminated Partner's Estate and his or her heirs, legatees, devisees and transferees shall execute such assignment and other necessary instruments of conveyance, and the Partnership or Purchasing Partner(s), as the case may be, shall pay purchase price for said interest as provided in this Agreement. In the event life insurance funds any portion of the purchase price, the insurance proceeds from any such "buy-out" life insurance for the interest purchased shall constitute all or a part of the purchase price of said interest. If the purchase price to be paid hereunder is greater than the life insurance proceeds, then such excess shall be paid in 36 equal monthly installments of principal only (no interest) beginning the thirty (30) days after such initial payment until paid in full. If the terminated Partner is terminated or terminates because of any other reason, and the Partnership is not dissolved, then percent (10%) of the purchase price shall be paid in cash at closing and the remainder shall be paid in 36 equal monthly installments of principal beginning thirty (30) days after such payment until paid in full. Such obligation shall be evidenced in a promissory note executed by the Partnership, as the case may be, and delivered to said transferee. At the election of the Purchasing Partners, any portion of the purchase price for the interest of the Terminating Partner may be accomplished by the Partnership's non-recourse assignment to the Transferring Partner of accounts receivable of the Partnership (provided that the value of such accounts receivable have been agreed in good faith by the Transferring Partner and the Purchasing Partners). Notwithstanding the foregoing, any other method of payment may be made if agreed upon by the Partnership, Purchasing Partners and the Terminated Partner or it's estate.

Section 7.2 Purchase Price. If a Partner's interest is purchased because of one of the triggering events specified in Section 7. 1 above, the purchase price of such Partner's interest in the Partnership shall be equal to such Partner's capital account, as of the date of the triggering event (date of termination), and the net current realizable value of the Partnership's accounts receivable (including contingent fee cases), as determined in good faith between the Purchasing Partners and the Terminated Partners, less the debts and liabilities of the Partnership (all parties agree to use mediation to in good faith to make these determinations). In the event the Partnership purchases life insurance on the Partners to fund such purchase price, the amount of the said life insurance payable to the estate of the deceased Partner, or to such deceased Partner's beneficiary named by the deceased Partner in said insurance policy, shall be the Purchase Price if it exceeds the amount determined in the first sentence of this Section.

ARTICLE VIII. NEW PARTNERS

The Partners hereby agree that no new partner shall be admitted to the Partnership unless all the Partners unanimously agree on the terms and conditions.

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ARTICLE IX. DEFAULT

Section 9.1 Events of Default. The occurrence of any of the following events shall constitute an event of default ("Event of Default'" hereunder on the part of the Partner with respect to whom such event occurs ("Defaulter"):

A. Permanent suspension, revocation or cancellation of the right of a Partner to practice law in the State of Texas;

B. Final conviction of a Partner of a felony or a crime of moral turpitude;

C. Termination by the Partner or by the Partnership of the Partner's agreement to provide legal services pursuant to Section 4.5 of this Agreement;

D. The violation by a Partner of any of the material terms, conditions and covenants contained in this Agreement;

E. A Partner making a general assignment for the benefit of creditors;

F. A Partner files a voluntary bankruptcy petition without the prior written consent of the other Partners;

G. A Partner becomes the subject of an order for relief or is declared insolvent in any federal or state bankruptcy or insolvency proceeding;

H. A Partner files a petition or answer to seek a reorganization, arrangement, composition, readjustment, liquidation, or similar relief under any law;

I. A Partner seeks, consents to, or acquiesces in the appointment of a. trustee, receiver, or liquidator of all or any substantial part of such Partner's properties;

J. Institution of a proceeding against the Partner seeking reorganization, arrange-ment, composition, readjustment, liquidation, dissolution, or similar relief under any law if the proceeding has not been previously dismissed after one hundred twenty (120) days or an appointment of a trustee, receiver or liquidator of the Partner of all or any substantial part of the Partner's properties and such appointment has not been vacated or stayed within ninety (90) days;

K. A Partner files an answer or other pleading admitting or failing to contest the material allegations of a petition filed against it in a proceeding of the type described on E. through J. above.

Section 9.2 Remedies for Default. In the event of a default and if such default continues for thirty (30) days after written notice thereof in the case of events specified in D. through K. above, the Partnership shall have the right, in its discretion, to acquire the Partnership interest of the Defaulter in accordance to Article VII hereof, or to dissolve and terminate the Partnership in accordance with Article X hereof. The Partners hereby agree that all costs and expenses

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related to such default, including reasonable attorneys' fees and expenses, shall be deducted from any monies due to the Defaulter under this Agreement.

ARTICLEX. DISSOLUTION AND TERMINATION

Section 10.1 Causes of Dissolution. The Partnership shall be dissolved only in the event that:

A. Seventy Five Percent (75%) in interest of the Partners mutually agree to terminate the Partnership;

B. the acquisition by one Partner of the interest of all of the other Partners; or

C. the Partnership by its terms, as set forth in this Agreement, is terminated.

Section 10.2 Winding Up and Termination.

A. In the event the Partnership is dissolved, the remaining Partners shall immediately proceed to wind up and terminate the Partnership affairs and for that purpose shall have full power and authority to do all acts necessary in accordance with the terms hereof and shall, for the purposes of distribution and this Agreement, be referred to as the "Liquidating Trustee".

B. Upon dissolution of the Partnership, a proper accounting shall be made of the Partnership's assets, liabilities and operations from the date of the last previous accounting to the date of such dissolution, and its business affairs shall be liquidated in an orderly manner. The proceeds derived from such liquidation shall be applied and allocated in accordance with Sections 4.2 and 5.2 hereof.

C. At the time of termination, all assets of the Partnership shall be distributed to or among the Partners in kind or in cash, as shall be determined by the Liquidating Trustee. Should the assets of the Partnership be distributed in kind or accordance with the foregoing sentence, the Partners' Capital Accounts shall be adjusted prior to the distribution according to the Partners' interest in profits and losses of the Partnership as though the assets were sold at such time for their agreed fair market value and as though the sales proceeds were distributed in accordance with this Article. In connection with any sale of part or all of the property of the Partnership, the remaining Partner may be the purchaser thereof any public sale or any private sale as long as the other Partners have been given at least ten (10) days prior written notice of the terms of the sale and purchase.

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ARTICLE XI. ACCOUNTING

Section 11.1 Fiscal Year. The fiscal year of the Partnership shall be the calendar year.

Section 11.2 Record Keeping. The Partners shall keep, or cause to be kept, full and accurate records of all transactions of the Partnership in accordance with generally accepted accounting principles. All books of account shall at all times be maintained at the principal office of the Partnership, and shall be open during reasonable business hours upon reasonable notice for inspection and examination by the Partners and their authorized representatives, who shall have the right to make copies thereof. The Partners shall prepare, or cause to be prepared, a federal and any required state and local income tax returns for the Partnership for each tax year of the Partnership, and in connection therewith, shall make such elections as may be required in connection therewith, including elections with respect to the useful lives of the properties of the Partnership and the rates of depreciation on such properties.

Section 11.3 Reports. Within ninety (90) days after the end of each fiscal year of the Partnership, the Partners, at the expense of the Partnership, shall cause to be delivered to all of the Partners, the following:

A. such information as shall be necessary for the preparation by the Partners of their federal, state and local income and other tax returns, including a statement for that year of each Partner's share of net income, net gains, net losses, credits, allowances and other items of the Partnership; and

B. a profit, and loss statement and balance sheet of the Partnership.

ARTICLE XII MISCELLANEOUS

Section 12.1 Bank Accounts. The Partners shall open and maintain in the name of the . Partnership accounts in a bank or savings and loan association, the deposits of which are insured by an agency of the United States Government, in which shall be deposited all funds of the Partnership. Withdrawals from such account or accounts shall be made upon the signature or signatures of such person or persons as the Partners shall designate. There shall be no commingling of the assets of the Partnership with the assets of any other entity or person. The Partnership shall maintain a separate IOL TA Trust Account for funds of clients of the Partnership, in accordance with requirements of the State Bar of Texas.

Section 12.2 Notices. All notices or other communications required or permitted to be given to the Partners or the Partnership pursuant to this shall be in writing and shall be as properly given or made and mailed from within the United States by certified, United States mail, postage prepaid, return receipt requested, and addressed to the offices of the Partners. Any Partner may Change such Partner's address by giving such notice in writing stating such Partner's new address to the other Partners. Commencing on the tenth (10th) day after the giving of such notice, such newly designated address shall be the notifying Partner's address for the purpose of a notices, offers, or other communications required or permitted to be given pursuant to this Agreement.

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Section 12.3 Binding Effect. This Agreement and all of the terms and provisions hereof shall be binding upon and shall inure to the benefit of the Partners, their personal representatives, heirs, successors and assigns, to the extent that assignment is permitted hereunder.

Section 12.4 Counterparts. It is understood and agreed that it will be unnecessary for all of the Partners to sign a single copy of this Agreement. The Partners may sign counterparts of this Agreement, which when taken to-ether shall constitute a single agreement among the Partners.

Section 12.5 Amendments. Except as specifically provided for herein this Agreement shall not be amended except by an instrument in writing signed by all of the Partners.

Section 12.6 Gender. All references to the masculine herein shall include the both neuter and the feminine.

Section 12.7 Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. Venue of any action relating hereto shall be in Harris County, Texas.

Section 12.8 Whole Agreement. This Agreement constitutes the entire Agreement among the Partners pertaining to the Partnership and supersedes all prior and contemporaneous agreements and understandings.

Section 12.9 Further Documents. Each of the parties hereto agrees that he will execute and deliver such further instruments and do such further acts and things as may be necessary or desirable to carry out the purposes of this Agreement and of the Partnership.

Section 12.10 Invalidity. In the event that any provision of this Agreement shall be held to be invalid, the validity of the remaining provisions of this Agreement shall not in any way be affected thereby.

(signature page follows)

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IN WITNESS WHEREOF, the Partners have executed this Partnership Agreement in multiple counterparts, to be effective as of the day, month and year first written above.

PARTNERS:

i~· Scott M. Clearman

~~ Matthew J.M. Prebeg

stopher M. Faucett

~~-Stephen W. Abbott

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Exhibit "A"

Name Ownership Percentage Initial Capital Contribution

Scott M. Clearman 25% $10.00

Matthew J.M. Prebeg 25% $10.00

Christopher M. Faucett 25% $10.00

Stephen W. Abbott 25% $10.00

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07/26/2013 10:06 713-453-3679 7134533679


HOUSTON DMSION

Juan Ramon Torres, eta/., complaint- Class Action

Plaintiffs,

Civil Action No. 4:09..cv-2056 vs.

SGE Management, LLC, eta/.,

Defendants. Jury Demanded

RESTATED FEE AGREEMENT

Initially, in this matter, Clearman!Prebeg, LLP (successor to The Clearman Law

Firm PLLC, hereafter "CIP") and Jeffrey W. Burnett PLLC (hereafbtr "Burnett") agreed

that CIP would bear the full responsibility for third party case expenses and receive 75o/o

of any recovery and Jeffrey W. Burnett PLLC would receive the remai)'ling 25% of any

recovery (recovery always being net of expenses).

To allow for the participation of Sommers Schwartz (herein after "Sommers") as

co counsel and to provide that firm 20% of any recovery in this matter, CIP ;;~grees to

reduce its fee Interest to 60% and Burnett agrees to reduce Its fee interest to 20%.

Sommers aggl$ to accept 20% of any recovery for its participation in this case.

CIP has thus far adVanced approximately $100,000 in case expenses in pursuing

thia ma~r. It is anticipated that approximately $70,000 in additional case expenses will

be advanced until resolution. Sommers will advance ali additional case expenses up to

PAGE 01/04 Case 4:09-cv-02056 Document 297-3 Filed in TXSD on 09/13/18 Page 1 of 8

07/26/2013 10:06 713-453-3679 7134533679

$70,000. If future case expenses exceed $70,000, then CIP and Sommers will

negotiate a fair and reasonable plan to fUnd expenses beyond $70,000.

Thus, net of expenses, Burnett PLLC will receive 20%, Sommers will receive

20% and CIP will receive 60% of any recovery. Case expenses will be reimbursed to

CIP and Sommers before any other distribution of a recovery. All of this is subject to

the Court's approval but each firm will seek approval of the amounts $\ated in this

agreement. CIP will promptly Inform the clients of the additional counsel.

This agreement supersedes and reJ)Iaces the prior agreement between CIP and

Barnett.

Agreed:

fhe Esperson Buildings 815 Walker, Suite 1040 Houston, Texas 77002 Tlllephone: (713) 223-7070 Facsimile: (713) 223-7071 [email protected]

JEF'FREYW. BURNETT PLLC

By:_-:==~===:-:-:==-JEFFREY WEST BURNETT

12226 Walraven Huffman, Texas 77336 Telephone: (281) 324-1400 Facsimile: (713) 583-1221 [email protected]

ReBI:ated Fee Agrnement, Page 2.

PAGE 02/04 Case 4:09-cv-02056 Document 297-3 Filed in TXSD on 09/13/18 Page 2 of 8

07/26/2013 10:06 713-453-3679 7134533679

SOMMERS ScHWARTZ, P.C,

By:d•rl u .FANDREW KOCHANOWSKI

2000 Town Center, S.!-l.ite 900 Southfield, Ml 48075 Telephone: (248) 266-2536 Facsimile: [email protected]

Restated Fee Agreement, Page J.

PAGE 03/04

i


07/26/2013 10:06 713-453-3679 7134533679 PAGE 04/04

Clients Approve:

JUAN RAMON TORRES

Restated Fee Agreement, Page 4,


07/22/2013

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HOUSTON DIVISION

JUAN RAMON TORRES, et al..

Plaintiffs,

v.

SGE MANAGEMENT, LLC; et al., CIVIL ACTION NO. C109CV2056

Defendants.

SECOND RESTATED JOINT PROSECUTION AND FEE AGREEMENT

Under the terms of a prior joint prosecution agreement between the various parties hereto

(-Restated Fee Agreement") in this matter, Sommers Schwartz, P.C. ("Sommers") agreed to

participate in the joint representation and case finding of the litigation. Pursuant to that Restated

Fee Agreement, and in addition to providing legal services and resources, Sommers agreed to

advance additional case expenses up to $70,000. Further, the parties to that agreement,

ClearmaniPrebeg LLP (“CIP"), Jeffrey W. Burnett PLLC ("Burnett"), and Sommers agreed that if

future case expenses exceeded $70,000, then CIP, Burnett, and Sommers would negotiate a fair

and reasonable plan to fund expenses beyond $70,000.

Sommers has now advanced case expenses beyond $70,000. Further, CIP has ceased its

normal practice of law and is in a wind-up stage. The partners of C1P are now practicing in the

firms The Clearman Law Firm PLLC ("TCLF") and Prebeg, Faucett & Abbott PLLC ("PFA").

This matter is now before the United States Court of Appeals for the Fifth Circuit on the

issue of class certification. The 'Parties" (Burnett, Sommers, CIP, TC--L-F-miti-144)C ----nd the clients

agree to hire Thomas C. Goldstein and Eric F. Citron, both of the Goldstein & Russell, P.C. firm,

Washington, DC ("GR"), to represent the clients/class for the appellate issue on a contingency

basis, calculated on the attorney4Nfees net of expenses. The Parties and GR will first receive their

expenses from any award to attorneys. The Parties then agree to pay GR out of the total attorney's

fees awarded, net of expenses, pursuant to the following scale: 44,11 6.S,

fr‘1440

Page 1 of 3


Total Attorney Fee Range Percentage Fee to GR

$0 to $5,000,000 18%

>S5,000,000 to $8,000,000 17%

>S8,000,000 16%

The Parties hereby agree to divide the future responsibility for advancing expenses, and

the share in the ultimate fees awarded and approved by the Court (if any) in the following

percentages and without regard to the actual hours worked and/or submitted to the Court for a fee

petition as follows:

Expenses: ' tit 4414irdzik. ay.;

14-X will advance 75% of 10/17 of total ex penses;----a 14 611$ 0

; and

Sommers will advance 7/17 of total expenses.

Fees:

GR will receive the percentages, net of expenses. stated above;

Burnett will receive 17.0% of total fees, net of expenses; and

After GR and Burnett have been paid their portion of fees, the remaining fees will

be divided as follows: ; 37, Cr StnnliTbrs will receive 30767 % of remaining fees, net of expenses; *A.)

ink fem_actoLexpentrici

PFA w ewe 51.99% of remaining fees, net of-expe. wir1 4016...e.t.a4 I rt4 ,4 4 ec procou'i fr_tr

The clients agree to this division of fees, and understand these percentages are reasonably

estimated and intended to compensate the participating attorneys according to their contribution

to the legal work done, and to be done, in this matter.

All recovery funds will be initially deposited in the PFA IOLTA account. Expenses will

be reimbursed to the party that advanced the expenses before any other distribution of a recovery.

The Parties to This Agreement will perform the work reasonably requested by the Attorney 11

Oleg* as may be necessary to adequately and ethically represent the clients, and to obtain an

appropriate award of attorneys' fees and expenses. The parties will, in the performance of the

A iv 4t „„ or' s.04,44 Ltiset

Page 2 of 3


agreement, jointly share documents, and share in the co-representation of the clients (subject to

the client's directions). All communications among and between the parties are intended to be

protected by the attorney-client and/or work product privileges to the fullest extent allowed by

law. L This aweement supersedes and replaces any prior agreements among the Parties.

Agreed:

ClearmaniPrebeg LLP Jeffre ∎ \V. Burnett PLLC

9'slohr• ifr-vAi 4.." '

By Matthew J.M.Prebeg Jeffrey West Burnett

The flearman Law flim PLLC Prebeg, Faucett & Abbott, !TLC

By: Scott M. learman

By:

Matt J.M. Prebeg

Sommers Schwan', P.C.

By: Andrew Kochanowski

Approved:

Eugene Robison Juan Ramon Torres

Eugene Robison Juan Ramon Torres

Page 3 of 3

By:


0,...11.1 s • 0.

44.04 P.Of y

5


AGREED AND ACCEPTED:

Date: ~ --~ 7~ J.O\ 7

Date: ~- J.. 7- a--0 /

PREBEG, FAUCETT & ABBOTT PLLC

By: Matthew J.M. Prebcg. Managing Member

Date:

SOMMERS SCHC.RTZ P.C.

0/~>fli' Kochanowski

Date: 2 ( 2+( (1-


Date Memo Billing Status Original Amount Paid Amount

TorresTorres vs. Stream02/01/2011 Copies January 2011 Unbilled 53.00 53.0001/05/2012 AE - Lunch with co-counsel SMC Unbilled 46.05 46.0501/05/2012 CC- Taxi in Dallas Unbilled 60.00 60.0001/06/2012 CC - CMF Airfare to Dallas Unbilled 392.10 392.1001/09/2012 CC - Dinner Meeting Unbilled 264.26 264.2601/10/2012 CC - Parking at airport Unbilled 17.00 17.0001/10/2012 CC - Meal during travel from Dallas Unbilled 11.68 11.6801/11/2012 CC - Hotel in Dallas Unbilled 179.67 179.6701/13/2012 CC - Taxi in Dallas Unbilled 33.00 33.0002/15/2012 AE Fredrick's reporting Inv 1206... Unbilled 215.00 215.0002/20/2012 AX - Meal on trip to Dallas Unbilled 33.17 33.1702/21/2012 AX - MJP airfare to Dallas Unbilled 376.10 376.1002/21/2012 AX - Castingwords Transcription ... Unbilled 52.80 52.8002/21/2012 AX - Meals while in Dallas Unbilled 10.05 10.0502/21/2012 AX - Meals during trip to Dallas Unbilled 172.34 172.3402/22/2012 AX- Fuel for trip to Dallas Unbilled 37.02 37.0202/22/2012 AX - Snack on return from Dallas Unbilled 4.31 4.3102/22/2012 AX - Meals while in Dallas Unbilled 58.87 58.8702/22/2012 AE - MJP Taxi fare Unbilled 30.00 30.0002/23/2012 AX - Lodging in Dallas for deposi... Unbilled 564.16 564.1602/23/2012 AX - MSC Hotel in Dallas Unbilled 479.10 479.1002/24/2012 AX - MJP Parking at airport while... Unbilled 17.00 17.0003/03/2012 AX - Accurint online records rese... Unbilled 41.57 41.5703/11/2012 AX - SMC Meal/Meeting with J. ... Unbilled 575.34 575.3403/12/2012 AX- Fuel for travel in FL Unbilled 72.67 72.6703/26/2012 AE - Fredricks' Court Reporting ... Unbilled 2,275.25 2,275.2503/26/2012 AE - Fredricks' Court Reporting ... Unbilled 2,991.50 2,991.5003/29/2012 AE- Amazon.com Book "Excel P... Unbilled 7.98 7.9804/13/2012 CloudNine Discovery Inv. 23858 Unbilled 375.00 375.0004/16/2012 C2 Legal Inv 62667 Unbilled 296.69 296.6904/17/2012 J. W. Wilson & Associates Inv 5... Unbilled 7,950.00 7,950.0004/19/2012 AE - Fredrick's Reporting Inv 104... Unbilled 300.00 300.0004/30/2012 Secretary of State - Online resea... Unbilled 1.00 1.0005/01/2012 Westlaw April 2012 Unbilled 113.96 113.9605/03/2012 AX - Accurint online research Unbilled 46.90 46.9005/07/2012 Logix April 2012 Long Distance Unbilled 0.87 0.8705/14/2012 AX - HC District clerk E-file Unbilled 58.28 58.2805/17/2012 CloudNine Discovery Inv 23927 ... Unbilled 94.72 94.7206/01/2012 Westlaw May 2012 Unbilled 50.00 50.0006/05/2012 Compton & Wendler Inv 33130 Unbilled 150.00 150.0006/05/2012 Photocopy charges April & May ... Unbilled 976.30 976.3006/08/2012 CloudNine Discovery Inv 24120 Unbilled 94.72 94.7206/12/2012 AE - Meal during meeting Unbilled 62.20 62.2007/01/2012 Westlaw 2012 June Unbilled 1,698.95 1,698.9507/03/2012 Photocopies June 2012 Unbilled 670.16 670.1607/05/2012 J. W. Wilson & Assoc. Invoice 5... Unbilled 4,200.00 4,200.0007/05/2012 J. W. Wilson & Assoc. Apply reta... Unbilled -4,200.00 -4,200.0007/07/2012 Logix 2012 June Conference Call... Unbilled 18.87 18.8707/13/2012 CloudNine Inv 24325 Unbilled 94.72 94.7207/16/2012 AE - Tx Secretary of State - Onli... Unbilled 80.00 80.0007/31/2012 Secretary of State - online resear... Unbilled 2.00 2.0007/31/2012 Secretary of State - online resear... Unbilled 8.00 8.0008/01/2012 Westlaw - July 2012 Unbilled 858.66 858.6608/07/2012 Terri Beeler - Court Reporter Unbilled 123.30 123.3008/07/2012 AE - PACER online research Unbilled 230.20 230.2008/10/2012 CloudNine Discovery Inv 24542 Unbilled 97.35 97.3508/14/2012 Photocopies July 2012 Unbilled 93.98 93.9808/21/2012 Simplifile - Online Filing Fee Unbilled 28.00 28.0008/21/2012 Southern District Reporters PC I... Unbilled 76.50 76.5008/29/2012 DONT FORGET TO CHECK CO... Unbilled 0.00 0.0009/01/2012 Westlaw - August 2012 Unbilled 644.25 644.2509/24/2012 Cloud Nine Inv 24786 Unbilled 97.35 97.3509/27/2012 AE - FedEx delivery to Certegy FL Unbilled 26.24 26.2410/01/2012 Westlaw September 2012 Unbilled 63.42 63.4210/03/2012 J.W. Wilson & Associates Inv Oc... Unbilled 4,100.00 4,100.0010/07/2012 Logix - September 2012 - Long D... Unbilled 17.22 17.22

3:38 PM ClearmanPrebeg LLP10/27/17 Unbilled Costs by JobCash Basis All Transactions

Page 1



10/17/2012 AE - Cloud Nine Inv 24998 Unbilled 95.77 95.7710/17/2012 AE - Meal during meeting Unbilled 25.67 25.6710/17/2012 AE - Meal during meeting Unbilled 5.95 5.9510/29/2012 AE - PACER searches Unbilled 24.00 24.0011/01/2012 Westlaw - October 2012 Unbilled 248.62 248.6211/07/2012 Logix 2012 October Conference ... Unbilled 32.30 32.3011/08/2012 J. W. Wilson October 2102 Servi... Unbilled 12,684.90 12,684.9011/17/2012 AX _ Cloud Nine Inv 25235 Unbilled 95.77 95.7712/01/2012 Westlaw - November 2012 Unbilled 50.00 50.0012/10/2012 AX _ Cloud Nine Unbilled 95.77 95.7712/16/2012 AE - FedEx delivery to Sommers... Unbilled 25.53 25.5301/01/2013 Westlaw - December 2012 Unbilled 50.00 50.0001/01/2013 AE - AdobeSystems - Large file t... Unbilled 10.65 10.6501/10/2013 J. w. Wilson December 2012 Unbilled 9,600.00 9,600.0001/14/2013 Cloud Nine Monthly Invoice Unbilled 95.77 95.7701/31/2013 Logix 2013 January - Conference... Unbilled 24.31 24.3101/31/2013 Logix 2013 January - Long Dista... Unbilled 0.78 0.7801/31/2013 AE - Frederick's Reporting Servic... Unbilled 100.00 100.0002/01/2013 Westlaw - January 2013 Unbilled 336.61 336.6102/01/2013 AE - Abode online - sending larg... Unbilled 10.65 10.6502/05/2013 Data Paradigm - Witness Fee Unbilled 0.00 0.0002/05/2013 AE - Deliver hard drives to office ... Unbilled 49.66 49.6602/05/2013 AE - Pacer Unbilled 0.60 0.6002/07/2013 AE - Car from Airport to hotel Unbilled 80.00 80.0002/07/2013 AE - Meal in Florida Unbilled 205.31 205.3102/08/2013 AE - SMC Airfare to Florida chan... Unbilled 109.00 109.0002/08/2013 AE - Meal in Florida Unbilled 23.59 23.5902/09/2013 AE - Taxi to meeting Unbilled 81.54 81.5402/10/2013 AE - SMC car from hotel to airport Unbilled 80.00 80.0002/11/2013 AE - Cloud Nine Discovery datab... Unbilled 95.77 95.7702/19/2013 JRH - Office Depot - External Ha... Unbilled 121.06 121.0603/01/2013 Photocopies 2013 February Unbilled 759.14 759.1403/01/2013 Westlaw - February 2013 Unbilled 85.36 85.3603/05/2013 AE - USPS.com ExpressMail Joh... Unbilled 18.11 18.1103/06/2013 AE- Federal Express delivery to ... Unbilled 67.04 67.0403/06/2013 AE - Secretary of State Online R... Unbilled 5.20 5.2003/06/2013 AE - Secretary of State Online R... Unbilled 5.20 5.2003/07/2013 Logix 2013 February - Conferenc... Unbilled 72.42 72.4203/07/2013 Logix 2013 February - Long Dist... Unbilled 11.52 11.5203/09/2013 AE - Meal with Nick re: work on ... Unbilled 25.00 25.0003/10/2013 AE - Kinko's Store Copies Unbilled 75.48 75.4803/12/2013 J. W. Wilson & Associates 1/2 of... Unbilled 2,975.00 2,975.0003/12/2013 AE - Credit Kinko's store Unbilled -2.26 -2.2603/12/2013 J. W. Wilson & Associates - Upd... Unbilled 1,487.50 1,487.5003/12/2013 J. W. Wilson & Associates - Upd... Unbilled 1,487.50 1,487.5003/17/2013 AE - Omni AIP in FL- fax and shi... Unbilled 91.51 91.5103/19/2013 AE - CloudNine ediscovery produ... Unbilled 591.92 591.9203/19/2013 AE - Fredericks Reporting Unbilled 95.77 95.7703/21/2013 AE - Office Depot - supplies for c... Unbilled 64.94 64.9403/22/2013 AE - Hotel in Dallas MJP Unbilled 206.22 206.2203/23/2013 AE - FedEx delivery to DTI Unbilled 67.04 67.0403/24/2013 AE - Office Depot Supplies for ca... Unbilled 218.64 218.6403/25/2013 AE - Fuel in Wilmer Tx Unbilled 45.74 45.7403/26/2013 AE _ Parking in Dallas SMC Unbilled 4.00 4.0003/26/2013 AE - Hotel in Dallas SMC Unbilled 89.74 89.7403/26/2013 AE - Meal in Dallas SMC Unbilled 12.64 12.6403/26/2013 AE - Meal in Dallas SMC Unbilled 18.41 18.4103/26/2013 AE- Airfare Dallas MJP 3/27 Unbilled 400.30 400.3003/27/2013 MJP - Meal during meeting with ... Unbilled 115.72 115.7203/27/2013 AE - Meal in Dallas SMC Unbilled 34.10 34.1003/27/2013 AE Fedex documents for Andy K... Unbilled 115.71 115.7103/27/2013 AE - Taxi in Dallas MJP Unbilled 30.00 30.0003/27/2013 AE - Parking at airport while in D... Unbilled 34.00 34.0003/27/2013 AE - Meal during travel Dallas S... Unbilled 20.88 20.8803/28/2013 AE - FedEx delivery to DTI Unbilled 104.01 104.0103/28/2013 AE - Online Access, Microsoft Unbilled 119.06 119.0603/28/2013 AE - Supplies in Dallas MJP Unbilled 16.06 16.0603/28/2013 AE - Adjustment to hotel cost in ... Unbilled 0.21 0.21


Page 2



03/29/2013 AE - Meal in Dallas SMC Unbilled 41.95 41.9503/30/2013 AE - FedEx delivery to SMC in D... Unbilled 74.20 74.2003/31/2013 Westlaw - March 2013 Unbilled 995.82 995.8203/31/2013 AE -Hotel in Dallas SMC Unbilled 935.44 935.4403/31/2013 AE - Fuel for trip from Dallas SMC Unbilled 47.64 47.6404/05/2013 AE - SMC Hotel in Dallas 4/4/13 Unbilled 365.71 365.7104/05/2013 AE - Meal in Dallas SMC Unbilled 50.16 50.1604/05/2013 AE - Meals in Dallas SMC Unbilled 95.21 95.2104/06/2013 AE - SMC Hotel in Dallas 4/5/13 Unbilled 281.67 281.6704/06/2013 AE - FedEx delivery to DTI Unbilled 98.56 98.5604/06/2013 AE - Fuel for trip to Dallas SMC Unbilled 38.25 38.2504/07/2013 Logix 2013 March- Conference C... Unbilled 28.22 28.2204/07/2013 Logix 2013 March- Long Distance Unbilled 21.65 21.6504/08/2013 AE - Fredrick's Court Reporting ... Unbilled 215.00 215.0004/12/2013 AE - Fredrick's Reporting Inv Unbilled 210.20 210.2004/16/2013 J. W. Wilson & Associates Marc... Unbilled 875.00 875.0004/16/2013 J. W. Wilson & Associates Marc... Unbilled 875.00 875.0004/17/2013 AE - FedEx delivery to DTI Unbilled 55.08 55.0804/18/2013 AE - FedEx delivery to DTI Unbilled 55.08 55.0804/20/2013 AE - FedEx delivery to Gruber H... Unbilled 21.21 21.2104/27/2013 AE -Supplies for meeting Unbilled 22.16 22.1604/29/2013 AE- Kinko's Copy Service in Dall... Unbilled 68.99 68.9904/29/2013 AE - Fredericks Reporting - Inv 1... Unbilled 3,132.75 3,132.7504/29/2013 AE - MJP Airfare Dallas 5/2 Unbilled 426.30 426.3004/29/2013 AE - FedEx credit for delivery to ... Unbilled -1.06 -1.0604/29/2013 AE - Fredericks Reporting - Inv 1... Unbilled 2,822.40 2,822.4004/29/2013 AE - Fredericks Reporting - Inv 1... Unbilled 2,319.75 2,319.7504/29/2013 AE - Fredericks Reporting - Inv 1... Unbilled 1,905.70 1,905.7004/30/2013 AE - Return Airfare from Dallas 5/1 Unbilled 213.90 213.9004/30/2013 AE-Coffee for deposition Unbilled 28.04 28.0404/30/2013 AE - MEal for meeting SMC Unbilled 63.46 63.4605/01/2013 AE - Jason's Deli - lunch for dep... Unbilled 146.62 146.6205/01/2013 Westlaw - April 2013 Unbilled 650.72 650.7205/01/2013 AE - Airfare to Dallas 5/1 SMC Unbilled 212.40 212.4005/01/2013 AE - Airfare credit for 5/1 trip Unbilled -22.00 -22.0005/01/2013 AE - Car from Airport Houston S... Unbilled 35.46 35.4605/01/2013 AE - SMC Meal for meeting Unbilled 50.76 50.7605/01/2013 AE - Taxi In Dallas SMC Unbilled 26.81 26.8105/01/2013 AE - Discount for Kinko's copy s... Unbilled -3.45 -3.4505/02/2013 AE - PACER Research Unbilled 3.00 3.0005/02/2013 AE - Meal in Dallas Unbilled 20.55 20.5505/03/2013 AE - Meal in Dallas SMC Unbilled 19.76 19.7605/03/2013 AE - Meal in Dallas SMC Unbilled 16.87 16.8705/03/2013 AE - Taxi in Dallas MJP Unbilled 27.50 27.5005/04/2013 AE - Hotel in Dallas 4/29-5/3 Unbilled 785.42 785.4205/04/2013 AE - Hotel in Dallas MJP Unbilled 168.37 168.3705/06/2013 AE-Cab for client because of car ... Unbilled 37.75 37.7505/07/2013 Logix 2013 April - Conference cal... Unbilled 162.18 162.1805/07/2013 AE - FedEx Kinko's Copies Unbilled 16.79 16.7905/07/2013 AE - PACER Online Research (1... Unbilled 18.90 18.9005/07/2013 AE - Citicouriers - Delivery to SMC Unbilled 21.17 21.1705/08/2013 AE - Meal in Dallas SMC Unbilled 6.15 6.1505/08/2013 AE - Taxi in Dallas SMC Unbilled 19.65 19.6505/08/2013 AE - Meal in Dallas SMC Unbilled 11.02 11.0205/09/2013 AE - Hotel in Dallas SMC 5/7-5/9 Unbilled 523.36 523.3605/09/2013 AE - Meal during deposition on R... Unbilled 137.71 137.7105/09/2013 AE - FedEx Kinko's Copies Disc... Unbilled -0.84 -0.8405/11/2013 AE - Taxi service in Dallas MJP Unbilled 27.00 27.0005/12/2013 AE - Supplies for meeting Unbilled 6.27 6.2705/14/2013 AE - Airfare return from Dallas S... Unbilled 212.40 212.4005/14/2013 AE - Meal for meeting SMC Unbilled 34.73 34.7305/15/2013 AE - Meal during travel SMC Unbilled 33.15 33.1505/15/2013 AE - Fredrick's Reporting Service... Unbilled 140.00 140.0005/15/2013 AE - Dinner in Dallas SMC Unbilled 11.83 11.8305/15/2013 AE - Taxi service in Dallas SMC Unbilled 30.00 30.0005/15/2013 AE - Airfare to Dallas 5/15 Unbilled 213.90 213.9005/15/2013 AE - Taxi in Dallas SMC Unbilled 12.00 12.0005/16/2013 AE - Hotel in Dallas SMC Unbilled 168.37 168.37


Page 3



05/23/2013 AE - Meal during depo trip BTC Unbilled 11.88 11.8805/23/2013 AE - Snack during depo trip BTC Unbilled 2.71 2.7105/24/2013 Fredricks Reporting & litigation In... Unbilled 2,490.90 2,490.9005/24/2013 AE - Hotel in Dallas SMC Unbilled 252.19 252.1905/24/2013 AE - Hotel in Dallas BTC Unbilled 168.37 168.3705/24/2013 Fredricks Reporting & litigation In... Unbilled 2,101.45 2,101.4505/24/2013 Fredricks Reporting & litigation In... Unbilled 2,459.05 2,459.0505/31/2013 Secretary of State TX - Online R... Unbilled 2.00 2.0006/01/2013 Westlaw - May 2013 Unbilled 1,423.53 1,423.5306/01/2013 AE - ONline service to send disc... Unbilled 10.65 10.6506/01/2013 AE -YouSendIt - Online discover... Unbilled 10.65 10.6506/04/2013 AE - Holiday Inn Express Unbilled 86.00 86.0006/05/2013 AE - Hertz Car Rental Unbilled 24.32 24.3206/07/2013 Logix 2013, May- Conference Call Unbilled 57.63 57.6306/07/2013 Logix 2013, May- Long Distance Unbilled 6.12 6.1206/13/2013 AE - FedEx delivery to R. Fitzpat... Unbilled 31.42 31.4206/15/2013 AE - FedEx credit on delivery to ... Unbilled -1.57 -1.5706/20/2013 AE - CloudNine -Invoice 26558 0... Unbilled 55.63 55.6306/20/2013 AE - CloudNine -Invoice 26869 0... Unbilled 54.60 54.6006/26/2013 State Bar of TX - Inv 257998 PJ... Unbilled 87.95 87.9506/26/2013 West Group Publishing- Inv 6086... Unbilled 192.96 192.9606/27/2013 AE - Frederick's Reporting Inv 12... Unbilled 3,505.15 3,505.1506/27/2013 AE - Frederick's Reporting Inv 12... Unbilled 2,074.45 2,074.4506/27/2013 AE - Frederick's Reporting Inv 12... Unbilled 2,385.82 2,385.8207/01/2013 Westlaw June, 2013 Unbilled 130.68 130.6807/07/2013 Logix - June, 2013 Conference C... Unbilled 155.72 155.7207/19/2013 SMC - Car service to Airport 12/1... Unbilled 85.00 85.0007/19/2013 SMC - Car service from Airport 1... Unbilled 85.00 85.0007/19/2013 SMC - Car service from Airport 1... Unbilled 85.00 85.0007/19/2013 SMC - Andy K Car service to Air... Unbilled 85.00 85.0007/19/2013 SMC - taxi service around Dallas... Unbilled 60.00 60.0007/30/2013 Jaime Jones - Inv 253 - Coding d... Unbilled 115.00 115.0008/01/2013 Westlaw Charges for July, 2013 Unbilled 1,301.45 1,301.4508/02/2013 AE - PACER research April-June... Unbilled 29.70 29.7008/06/2013 AE - Frederick's Reporting Inv 12... Unbilled 1,159.98 1,159.9808/06/2013 AE - Frederick's Reporting Inv 12... Unbilled 679.90 679.9008/06/2013 AE - Frederick's Reporting Inv 12... Unbilled 1,642.60 1,642.6008/06/2013 AE - Frederick's Reporting Inv 12... Unbilled 741.30 741.3008/06/2013 AE - Frederick's Reporting Inv 12... Unbilled 2,139.10 2,139.1008/06/2013 AE - Frederick's Reporting Inv 12... Unbilled 1,602.54 1,602.5408/07/2013 Logix - July, 2013 Conference Call Unbilled 43.01 43.0108/07/2013 Logix - July, 2013 Long Distance ... Unbilled 1.05 1.0508/16/2013 Jaime Jones Inv 260 Link Exhibit... Unbilled 31.25 31.2508/20/2013 AE - MJP Airfare Dallas 8/26 Unbilled 426.30 426.3008/21/2013 AE- Kinko's Store- Copies Unbilled 19.90 19.9008/21/2013 AE- Fed Ex Office - Shipping Unbilled 226.70 226.7008/21/2013 AE - MJP Hotel in Dallas 8/20 Unbilled 101.53 101.5308/26/2013 AE - MJP Taxi in Dallas Unbilled 28.75 28.7508/26/2013 AE - FedEx/Kinko's in Dallas Unbilled 63.67 63.6708/26/2013 AE - Meal in Dallas MJP Unbilled 167.50 167.5008/26/2013 AE - MJP Meal in Dallas Unbilled 10.58 10.5808/27/2013 AE - MJP Parking at airport Unbilled 34.00 34.0009/01/2013 Westlaw - August, 2013 Unbilled 969.50 969.5009/03/2013 AE - Airfare BTC Detroit 9/8 Unbilled 1,288.30 1,288.3009/03/2013 AE - BTC Hotel Detroit Unbilled 295.89 295.8909/07/2013 Logix - August, 2013; Conferenc... Unbilled 97.41 97.4109/07/2013 AE- Federal Express; Delivery to ... Unbilled 27.83 27.8309/10/2013 AE - Taxi in Dallas MJP Unbilled 26.00 26.0009/10/2013 AE - BTC Meal during travel Unbilled 24.00 24.0009/11/2013 AE - BTC Meal during travel Unbilled 27.63 27.6309/11/2013 AE - BTC Meal during travel Unbilled 11.09 11.0909/11/2013 AE - Parking at airport while in D... Unbilled 60.00 60.0009/11/2013 AE - BTC Meal during travel Unbilled 7.52 7.5209/11/2013 AE - BTC Meal during travel Unbilled 12.00 12.0009/11/2013 AE - Inflight meal BTC Unbilled 8.59 8.5909/18/2013 AE -FedEx to Gruber Hurst Unbilled 19.70 19.7009/18/2013 Copies June - August 2013 Unbilled 2,106.98 2,106.9810/01/2013 Westlaw- September, 2013 Unbilled 133.49 133.49


Page 4



10/04/2013 JRJ Inv 265- Imporing deposition... Unbilled 18.75 18.7510/05/2013 AE - FedEx delivery to Addison TX Unbilled 26.55 26.5510/07/2013 Logix- September, 2013; Confere... Unbilled 44.71 44.7110/07/2013 AE - FedEx Discount on Delivery... Unbilled -1.33 -1.3310/08/2013 Copies September 2013 Unbilled 53.26 53.2610/28/2013 AE - Frederick's Reporting Inv 12... Unbilled 2,805.90 2,805.9010/28/2013 AE - Frederick's Reporting Inv 12... Unbilled 1,263.52 1,263.5210/28/2013 AE - Frederick's Reporting Inv 12... Unbilled 834.43 834.4310/29/2013 AE - Federal Express delivery to ... Unbilled 20.93 20.9311/01/2013 Westlaw - October, 2013 Unbilled 2,752.36 2,752.3611/04/2013 AE - PACER BTC 7/1 - 9/30 Unbilled 50.30 50.3011/04/2013 AE - Sandwiches for team meeti... Unbilled 97.96 97.9611/05/2013 AE - Meal at meeting with co-cou... Unbilled 213.65 213.6511/07/2013 Logix - October, 2013; Conferenc... Unbilled 63.07 63.0711/07/2013 AE - PACER - Court Research J... Unbilled 0.10 0.1011/30/2013 Westlaw - November, 2013 Unbilled 1,450.18 1,450.1812/03/2013 Copies October - November 2013 Unbilled 1,513.78 1,513.7812/03/2013 AE - Meal for meeting with Jeff B... Unbilled 27.95 27.9512/05/2013 AE - Frederick's Reporting Inv 12... Unbilled 2,094.47 2,094.4712/05/2013 AE - Frederick's Reporting Inv 12... Unbilled 2,507.76 2,507.7612/05/2013 AE - Frederick's Reporting Inv 12... Unbilled 53.25 53.2512/07/2013 Logix - November, 2013; Confere... Unbilled 40.29 40.2912/07/2013 Logix - November, 2013; Long Di... Unbilled 10.98 10.9801/01/2014 Westlaw- December, 2013 Unbilled 3,057.40 3,057.4001/08/2014 PACER - Online Court Research... Unbilled 222.70 222.7001/31/2014 Westlaw - January, 2014 Unbilled 1,093.75 1,093.7502/07/2014 Logix Communications; January,... Unbilled 18.98 18.98

Total Torres vs. Stream 137,262.58

Torres - Other01/01/2011 Westlaw 12/1/10 - 12/31/10 Unbilled 1,371.88 1,371.8801/17/2011 Pacer Research Unbilled 1.36 1.3603/01/2011 Westlaw - February 2011 Unbilled 19.67 19.6703/07/2011 Logix - Long Distance (February) Unbilled 2.95 2.9504/01/2011 Westlaw March 2011 Unbilled 832.64 832.6404/07/2011 Logix - March 2011 Long distance Unbilled 1.68 1.6804/19/2011 AX- Meal during meeting Unbilled 41.10 41.1004/19/2011 AX -Single case use database so... Unbilled 199.00 199.0004/20/2011 AX - Software Add in for case pr... Unbilled 21.58 21.5805/01/2011 April Westlaw Unbilled 239.61 239.6105/07/2011 Logix - Long Distance charges A... Unbilled 17.73 17.7305/23/2011 AX - Pacer Online Research Unbilled 11.76 11.7605/29/2011 AX - SMC People Search Unbilled 19.95 19.9505/29/2011 AX - SMC People Search Unbilled 85.80 85.8005/29/2011 AX - SMC People Search Unbilled 4.95 4.9505/31/2011 Secretary of State - Web Inquiries Unbilled 52.00 52.0006/01/2011 Westlaw - May 2011 Unbilled 278.67 278.6707/01/2011 Westlaw - June 2011 Unbilled 1,501.35 1,501.3507/07/2011 Logix - June 2011 Conference C... Unbilled 8.84 8.8407/07/2011 Logix - June 2011 Long Distance Unbilled 1.15 1.1507/12/2011 AmEx - Online search at SOS Unbilled 34.92 34.9207/13/2011 AmEx - Online search at SOS Unbilled 9.25 9.2507/21/2011 AX - TX SOS Online research Unbilled 2.05 2.0507/22/2011 AX - TX SOS Online research Unbilled 20.54 20.5408/02/2011 AX - PACER online research Unbilled 2.08 2.0808/03/2011 AX - Accurint online research of ... Unbilled 127.71 127.7108/15/2011 AX - Pacer online research throu... Unbilled 3.68 3.6808/31/2011 Secretary of State - Online resea... Unbilled 30.00 30.0009/01/2011 Westlaw Research August 2011 Unbilled 662.79 662.7909/07/2011 Logix Sept 2011 - Long Distance Unbilled 0.35 0.3509/30/2011 Lexis Nexis online research - Inv ... Unbilled 243.73 243.7310/01/2011 Westlaw September 2011 Unbilled 91.17 91.1710/11/2011 Logix - Sept 2011 Long Distance ... Unbilled 2.60 2.6010/17/2011 AX - Tx SOS online research Unbilled 60.59 60.5910/18/2011 Dr. John O'Brien - expert retainer Unbilled 5,000.00 5,000.0010/31/2011 AX - USPS Unbilled 26.52 26.5211/01/2011 JRH - Stamps for 47 return envel... Not billable 20.68 20.6811/01/2011 Copy Charges October 2011 Unbilled 193.90 193.90


Page 5



11/01/2011 AX - Accurint online research - pr... Unbilled 167.90 167.9011/01/2011 Westlaw - October 2011 Unbilled 174.13 174.1311/01/2011 AX - USPS.com - Pre-paid Shipp... Unbilled 335.11 335.1111/04/2011 AX_ Citicouriers - Delivery to court Unbilled 9.11 9.1111/07/2011 Logix - 2011 October Long Dista... Unbilled 11.95 11.9511/08/2011 Robert L FitzPatrick - Retainer Unbilled 7,500.00 7,500.0011/08/2011 AX - TX SOS research Unbilled 4.11 4.1111/11/2011 C2 Legal - copies of second ame... Unbilled 415.68 415.6811/18/2011 AX - USPS - online postage Unbilled 57.04 57.0412/01/2011 Westlaw November 2011 Unbilled 85.96 85.9612/02/2011 AX - Accurint searches Novembe... Unbilled 24.67 24.6712/05/2011 SMC - Tx SOS online research Unbilled 6.00 6.0012/31/2011 Copy Charges Nov - Dec 2011 Unbilled 232.64 232.6401/23/2012 Fredricks Reporting Inv 10145 S... Unbilled 125.00 125.0001/23/2012 Fredricks Reporting Inv 10144Su... Unbilled 125.00 125.0001/23/2012 Fredricks Reporting Inv 10146 S... Unbilled 171.83 171.8301/31/2012 Westlaw January 2012 Unbilled 899.30 899.3002/06/2012 AX - Secretary of State online re... Unbilled 16.43 16.4302/07/2012 Logix - 2012 January Conference... Unbilled 14.96 14.9602/07/2012 Logix - 2012 January Long Dista... Unbilled 5.32 5.3202/20/2012 C2Legal Inv 62383 - Imaging and... Unbilled 202.05 202.0502/29/2012 Secretary of State - online resear... Unbilled 18.00 18.0003/01/2012 Westlaw February 2012 Unbilled 207.08 207.0803/06/2012 SMC - Car Rental for trip to Dallas Unbilled 593.07 593.0703/07/2012 Logix February 2012 - long dista... Unbilled 12.40 12.4003/13/2012 Copy costs February 2012 Unbilled 1,420.60 1,420.6003/13/2012 MSC - Taxi from GHJHS to hotel... Unbilled 11.00 11.0003/13/2012 MSC - tip for valet for 2 days par... Unbilled 4.00 4.0003/13/2012 MSC - taxi from hotel to GHJHS ... Unbilled 10.00 10.0003/13/2012 MSC - tip to valet/bag boy for MS... Unbilled 5.00 5.0003/31/2012 Secretary of State Online resear... Unbilled 20.00 20.0004/01/2012 Westlaw March 2012 Unbilled 1,014.28 1,014.2804/02/2012 J. W. Wilson & Associates - exp... Unbilled 5,000.00 5,000.0004/03/2012 Copies March 2012 Unbilled 159.78 159.7804/04/2012 Compton & Wendler - Experts Unbilled 7,219.71 7,219.7104/07/2012 Logix March 2012 Long Distance... Unbilled 7.27 7.2704/16/2012 Public Utility Commision Tx - Re... Unbilled 7.40 7.4005/07/2013 AE- Taxi in FortWorth SMC Unbilled 21.00 21.0006/24/2013 Robert L FitzPatrick - Expenses i... Unbilled 2,300.00 2,300.0007/07/2013 Logix - June, 2013 Long Distanc... Unbilled 0.57 0.5710/07/2013 Logix- September, 2013; Long Di... Unbilled 9.05 9.0501/07/2014 Logix Communications - Decemb... Unbilled 18.98 18.98

Total Torres - Other 39,889.61

Total Torres 177,152.19

TOTAL 177,152.19


Page 6


Date Memo Billing Status Amount

TorresTorres vs. Stream

02/04/2014 State Bar of Texas - MJP Cert of Good Standing Unbilled 25.0002/06/2014 AE - USDC - Letter of Good Standing for MJP Unbilled 18.0002/07/2014 U.S. Court of Appeals, 5th Circuit, Admission to the 5th Circuit for M... Unbilled 226.0002/08/2014 AE - FedEx delivery regarding certificate of Good Standing for MJP Unbilled 24.0002/10/2014 AE - PACER (BTC login) -split Unbilled 188.8002/11/2014 AE - FedEx delivery to Court of Appeals Unbilled 26.2402/13/2014 Plante&Moran-Total Inv =$42785.00; Sommers pd $26,465; PFA-$... Unbilled 12,240.0002/18/2014 AE - FedEx Delivery - return label for certificate of good standing MJP Unbilled 24.3703/13/2014 AE- Federal Expres; Inv #455357790; to Darlene Ghavimi; (split) Unbilled 31.5604/04/2014 AE - Westlaw March 2013 Unbilled 87.7904/08/2014 CF- Meal for meeting MJP Unbilled 40.7505/02/2014 Pacer Online Court Research 1/1-3/31/14; BC4355-Q12014 Unbilled 98.6005/05/2014 AE - Westlaw April 2013 Unbilled 27.7305/06/2014 Pacer Online Court Research 1/1-3/31/14;PF2874-Q12014 Unbilled 0.5005/31/2014 Copies for May, 2014 Unbilled 0.0606/03/2014 AE - Westlaw April 2013 Unbilled 315.2408/04/2014 AE- Westlaw - July, 2014 Unbilled 91.0208/04/2014 AE- Pacer Service Center- On Line Research 4/1-6/30/14 Unbilled 29.4008/06/2014 Pacer Online Court Research 4/1-6/30/14; PFA2874-Qtr22014 Unbilled 70.6009/03/2014 AE - Westlaw - August, 2014 Unbilled 97.2110/03/2014 AE - Westlaw - September, 2014 Unbilled 75.4810/28/2014 Counsel Press, LLC -Record Excerpts Unbilled 1,982.7011/04/2014 AE - Pacer- Usage from 7/1/14-9/30/14 Unbilled 0.6011/04/2014 AE - Pacer - Usage from 7/1-9/30/14 Unbilled 6.6012/03/2014 AE - Westlaw - November, 2014 Unbilled 500.0701/06/2015 CC - Groupon - Astor Crowne Plaza lodging for MJP, CMF 2/1-2/15 ... Unbilled 231.0301/08/2015 AE - Orbitz.Com - The Lafayette Hotel on 2/2/15 for B Caldwell Unbilled 123.4201/08/2015 AE - Groupon Inc - Crowne Plaza for B Caldwell on 2/1 Unbilled 109.4802/01/2015 AE - Chevron, Baton Rouge, LA - MJP (Provisions for drive to New ... Unbilled 12.1102/01/2015 AE - Hard Rock Cafe, New Orleans, LA- MJP (meal for B Caldwell, ... Unbilled 188.7402/01/2015 CC - Chevron, Baton Rouge, LA - CMF Unbilled 27.7802/01/2015 CF - Waffle House, Beaumont, TX - B Caldwell Unbilled 38.0002/02/2015 AE - Mr B's Bistro, New Orleans, LA - MJP Unbilled 282.0002/02/2015 AE - Walgreens - MJP (Supplies for 5th Circuit argument) Unbilled 13.6702/02/2015 CC - Oceana Grill, New Orleans - CMF Unbilled 71.7002/02/2015 CC - CVS Pharmacy, New Orleans - CMF Unbilled 5.4702/02/2015 CC - Starbucks, New Orleans - CMF Unbilled 5.2102/03/2015 AE- Westlaw - January, 2015 Unbilled 125.2502/03/2015 AE - N.O. Elite - taxi Unbilled 13.0002/03/2015 AE - Cafe at the Square New Orleans Unbilled 23.0002/03/2015 CC - Exxon Mobile, Spring, TX - CMF Unbilled 25.9702/03/2015 CC - Starbucks, New Orleans - CMF Unbilled 2.5802/03/2015 CC - Shell Oil - Breaux Bridge, LA - CMF Unbilled 24.4102/03/2015 CC - Shell Oil, Breaux Bridge, LA - CMF Unbilled 19.4902/03/2015 AE - PACER - Usage for 10/1/14 - 12/31/14 Unbilled 3.8002/03/2015 AE - Astor Crowne Plaza, New Orleans - MJP Unbilled 18.9002/03/2015 AE - McDonalds, Henderson, LA - MJP Unbilled 15.8502/03/2015 AE - PACER - Usage for 10/1/14 - 12/31/14 Unbilled 32.0003/02/2015 CC - Astor Crowne Plaza, New Orleans - CMF Unbilled 88.5903/03/2015 AE - WestLaw - February, 2015 Unbilled 113.6904/03/2015 AE - Westlaw March, 2015 Unbilled 542.8605/04/2015 AE - PACER - Usage 1/1-3/31/15 (B Caldwell) Unbilled 19.1005/04/2015 AE - Westlaw - April, 2015 Unbilled 92.0806/03/2015 AE - Westlaw - May, 2015 Unbilled 396.1107/06/2015 AE - Westlaw - June, 2015 Unbilled 274.8008/03/2015 AE - Westlaw - July, 2015 Unbilled 186.8008/03/2015 AE- Pacer Usage 4/1-6/30/15 Unbilled 49.9008/03/2015 AE - Pacer Usage 4/1-6/30/15 - B Caldwell Unbilled 10.9008/13/2015 CF - Texas Secretary of State- B Caldwell Unbilled 3.0809/03/2015 AE - Westlaw - August, 2015 Unbilled 151.5710/05/2015 AE- Westlaw - September, 2015 Unbilled 400.0111/03/2015 AE- Westlaw - October, 2015 Unbilled 474.9911/03/2015 AE - Pacer Usage 7/1-9/30/15 Unbilled 28.0011/03/2015 AE - Pacer Usage from 7/1-9/30/15 - B Caldwell Unbilled 36.5012/03/2015 AE- Westlaw - November, 2015 Unbilled 555.2401/04/2016 AE- Westlaw - December, 2015 Unbilled 384.02

10:00 AM Prebeg Faucett & Abbott PLLC09/11/18 Unbilled Costs by JobAccrual Basis All Transactions

Page 1



02/03/2016 AE - Westlaw, January, 2016 Unbilled 248.5802/04/2016 AE - Pacer Usage - 10/1-12/31/15 Unbilled 4.0002/04/2016 AE - Pacer Usage - 10/1-12/31/15 - B Caldwell Unbilled 23.9003/03/2016 AE - Westlaw - February, 2016 Unbilled 269.0104/04/2016 AE - Westlaw - March, 2016 Unbilled 276.0004/06/2016 AE - United Airlines - Houston to Washington, DC - MJP travel on 4/... Unbilled 984.2004/09/2016 AE - Holiday Inn Capital - Washington DC - MJP Unbilled 467.1604/12/2016 CF - SQ*SealT760@Gmail - Washington, DC - taxi - MJP Unbilled 19.0004/12/2016 AE - Hill Country BBQ - Washington, DC - MJP Unbilled 28.0004/13/2016 CF - IAH Parking - Houston - MJP Unbilled 30.0004/13/2016 AE - Hitch Taxi, Washington DC - MJP Unbilled 18.8905/04/2016 AE - Pacer Usage - 1/1-3/31/16 Unbilled 0.3005/04/2016 AE - Westlaw - April, 2016 Unbilled 469.0605/06/2016 CF - Counsel Press, LLC - Inv 9067401 - Record Excerpts MJP Unbilled 1,537.6005/21/2016 CC - JW Marriott, New Orleans - lodging for MJP Unbilled 204.5605/21/2016 CC - JW Marriott, New Orleans, LA - lodging for CMF Unbilled 204.5605/21/2016 CC - JW Marriott - New Orleans - Lodging for SWA Unbilled 204.5605/24/2016 CC - Sonic Drive In - Iowa, LA - CMF Unbilled 48.9405/24/2016 CC - Tableau, New Orleans - CMf Unbilled 180.8205/24/2016 CC - Shell Oil - Iowa, LA - CMF Unbilled 27.8905/25/2016 AE - Hou Parking Garage - SWA Unbilled 40.0005/25/2016 CC - Chevron - Scott, LA - CMF Unbilled 41.4705/26/2016 AE - JW Marriott, New Orleans SWA - 05/24-25/16 Unbilled 0.0105/26/2016 CF - Marriott JW New Orleans Unbilled 8.0105/26/2016 CC - JW Marriott, New Orleans - CMF Unbilled 47.4706/03/2016 AE - Westlaw- May, 2016 Unbilled 913.3206/29/2016 AE - Pacer Usage 1/1-3/31/16 - B Caldwell Unbilled 18.3007/05/2016 AE - Westlaw - June, 2016 Unbilled 318.9607/13/2016 CF - Irma's SW Grill - MJP - Dinner for AK, CF, and MJP Unbilled 235.9307/14/2016 CF - Kim Hai - MJP- Lunch for AD, CF and MJP Unbilled 59.5808/03/2016 AE - Westlaw - July, 2016 Unbilled 1,000.6608/04/2016 AE - Pacer - Usage for 4/1-6/30/16 - B Caldwell Unbilled 22.2009/06/2016 AE - Westlaw - August, 2016 Unbilled 333.7310/03/2016 AE - Westlaw - September, 2016 Unbilled 439.7310/05/2016 AE - Pacer - Usage for 7/1-9/30/16 - B Caldwell Unbilled 3.3011/03/2016 AE - Westlaw - October, 2016 Unbilled 564.2812/05/2016 AE - Westlaw - November, 2016 Unbilled 718.7001/03/2017 AE - Westlaw - December, 2016 Unbilled 515.3402/03/2017 AE - Westlaw - January, 2017 Unbilled 170.9402/06/2017 AE - Pacer Usage 10/1-12/31/16 - B Caldwell Unbilled 19.1003/03/2017 AE - Westlaw - February, 2017 Unbilled 175.8703/08/2017 AE - Slim Chickens - lunch meeting with class representative L. Tho... Unbilled 23.3504/03/2017 AE - Westlaw - March, 2017 Unbilled 183.2205/04/2017 AE - PACER - Usage 1/1-3/31/2017 Unbilled 7.8008/03/2017 AE - Westlaw - July, 2017 Unbilled 59.2809/05/2017 AE - Westlaw - August, 2017 Unbilled 971.6411/03/2017 AE - Westlaw, October, 2017 Unbilled 1,278.1211/03/2017 AE - Pacer - Usage 7/1-9/30/17 Unbilled 6.5011/03/2017 AE - PACER - Usage - 7/1-9/30/2017 Unbilled 78.4011/08/2017 CM - Pappas BBQ - MJP - lunch with CMF and J Burnett Unbilled 51.9112/04/2017 AE - Westlaw - November, 2017 Unbilled 9.6612/14/2017 AE - Federal Express - Inv 254296357 - to Data Strategy Team - Ne... Unbilled 61.8512/14/2017 AE - Federal Express - Inv 254296357 - to Data Strategy Team - Ne... Unbilled 51.7712/15/2017 Postage - 10/19/17 Unbilled 0.6712/31/2017 Data Services Import - Stream Unbilled 9,500.0001/03/2018 AE - Westlaw - December, 2017 Unbilled 603.8601/22/2018 CM - LAZ Parking - Houston, MJP - parking for meeting with F&R, SC Unbilled 10.0001/25/2018 The Potter Law Firm, PLLC - Ethics Consultation Unbilled 4,920.0002/05/2018 AE - Westlaw - January, 2018 Unbilled 673.4402/12/2018 AE - PACER Usage 10/2-12/31/17 Unbilled 16.7002/12/2018 AE - PACER Usage 10/2-12/31/17 Unbilled 60.5002/17/2018 AE - Federal Express - Sommers Schwartz Unbilled 36.6802/26/2018 Veritext New York Reporting Co; Certified Trascript of Christopher ... Unbilled 774.8502/26/2018 Veritext New York Reporting Co; Certified Trascript of Luke Thomas Unbilled 2,083.4002/26/2018 CM - Lot 95, Houston TX - parking for Stream mediation, MJP Unbilled 16.0003/05/2018 AE - Westlaw - February, 2018 Unbilled 361.8605/03/2018 AE - Westlaw - April, 2018 Unbilled 186.3005/04/2018 AE - PACER - Usage 1/1-3/31/18 Unbilled 14.90


Page 2



05/14/2018 AE - PACER - Usage 1/1-3/31/18 - B Caldwell Unbilled 66.5006/04/2018 AE - Westlaw - May, 2018 Unbilled 216.1308/06/2018 AE - PACER - Usage 4/1-6/30/18 - B Caldwell Unbilled 24.60

Total Torres vs. Stream 54,693.24

Total Torres 54,693.24

TOTAL 54,693.24


Page 3


Torres v SGE Management LLCAttorney Work Report - ClearmanPrebeg LLP, Prebeg Faucett & Abbott PLLC

Date TmKpr Activity Time Rate Adjust Amount Rate Amount10/10/2010 BTC Review and supplement draft letter of supplemental authorities to 11th Cir. 0.40 250 1 $100 350

$14010/11/2010 BTC Research D Magazine article on Snyder and prepare email memorandum for SMC

re same.0.40 250 1 $100 350

$14010/12/2010 BTC Review defense counsel's letter to the 11th Cir. opposing pltfs' letter of

supplemental authorities.0.30 250 1 $75 350

$10510/17/2010 BTC Review email correspondence from co-counsel re Stream's expansion into

Pennsylvania0.10 250 1 $25 350

$3510/18/2010 BTC Review defendants' Pet for Panel Rehearing and Pet for Rehearing En Banc to 5th

Cir. and emails with co-counsel re strategy re same; Research RPCs and other authority on settlement offers to individual defendants; review pet for panel reharing and pet for rehearing en banc from defendants; strategy with team re same

3.80 250 1 $950 350

$1,33010/19/2010 BTC Review SMC's settlement proposal to Donny Anderson; Review email

correspondence from Stream counsel Vanessa Rush to SMC and discussions with co-counsel re same

0.70 250 1 $175 350

$24510/20/2010 BTC Review email correspondence to defendants' counsel re SMC's settlement offer to

Donny Anderson0.10 250 1 $25 350

$3510/21/2010 BTC Review Donny Anderson response to SMC settlement offer forwarded by

defendants' counsel and SMC response0.10 250 1 $25 350

$3510/22/2010 BTC T/c from potential class action client Jack Ciaga and email memorandum re same 0.30 250 1 $75 350

$10510/26/2010 BTC Review email correspondence from co-counsel re Stream's expansion into

Pennsylvania0.10 250 1 $25 350

$3511/4/2010 BTC Review correspondence with Y.Day re amway settlement and potential

implications for Stream case0.20 250 1 $50 350

$7011/5/2010 BTC Review additional articles and information about amway settlement for potential

use in Stream case0.10 250 1 $25 350

$3511/9/2010 BTC Review the11th Cir. opinion dismissing the appeal in Betts v. SGE, et al. 0.60 250 1 $150 350 $210

11/10/2010 BTC Begin researching case law re 11th Cir.'s ruling and failure to defer to 5th Cir.'s interpretation of TX law; Review defense counsel's letter to the 5th Cir. discussing the 11th Cir.'s dismissal of Betts' appeal; Review email correspondence with co-counsel re 11th Cir. decision and case law analysis; Research 11th Cir local rules on reconsideration and pet en banc; Prepare email memorandum research re same

7.10 250 1 $1,775 350

$2,485


11/10/2010 MJP Discuss with SA possible pulication of 5th. Cir. Decision and potential 11th Cir. En banc review.

0.25 500 1 $125 600$150

11/10/2010 SWA Review complaint. 2.50 400 1 $1,000 600 $1,50011/11/2010 BTC Continue researching case law and other authority for 5th and 11th Cir. re

collateral estoppel and other issues responding to defs' letter4.60 250 1 $1,150 350

$1,61011/11/2010 BTC Edit and supplement draft motion to 5th Cir. requesting publication for use in

11th Cir.1.30 250 1 $325 350

$45511/11/2010 BTC Prepare email memorandum re 11th Cir.'s decision and Palm Harbor Homes 0.80 250 1 $200 350

$28011/11/2010 SWA Continue review of complaint. 2.00 400 1 $800 600 $1,20011/12/2010 BTC Draft portion of motion re AdvancePCS and Palm Harbor homes; email

memorandum re same5.10 250 1 $1,275 350

$1,78511/12/2010 SWA Confer with SMC re: allegations. 0.30 400 1 $120 600 $18011/14/2010 BTC Review SMC email memorandum re Campbell v. Quixtar and collateral estoppel;

Begin editing and supplementing response to defendants' 5th Cir. letter re the 11th Cir.'s decision

0.60 250 1 $150 350

$21011/16/2010 BTC Continue editing and supplementing response to defs' 5th Cir. letter re 11th Cir.

decision; Research additional case law, local rules, and other authority for response to defs' letter to 5th Cir. re the 11th Cir. decision; Prepare email memoranda to SMC re draft letter to 5th Cir. re defs' letter re 11th Cir. decision

2.80 250 1 $700 350

$98011/17/2010 BTC Review correspondence with defense counsel re our motion to publish to 5th Cir.

and defs' opposition0.30 250 1 $75 350

$10511/17/2010 BTC Continue editing and supplementing response to defs' 5th Cir. letter re 11th Cir.

decision0.40 250 1 $100 350

$14011/17/2010 BTC Conferences with SMC re research on, and response to defs' 5th Cir. letter re 11th

Cir. decision0.50 250 1 $125 350

$17511/17/2010 BTC Continue editing and supplementing draft motion for publication 2.50 250 1 $625 350 $87511/17/2010 BTC Emails with o/c re motion to publish; edit and suppl SMC letter brief; suppl mot

for publication4.60 250 1 $1,150 350

$1,61011/18/2010 BTC Prepare NOA for 5th Cir.; Finalize letter to 5th Cir. re Betts; Strategy with team re

same; review filed response to 28j letter filed by o/c; file NOA; Edit and suppl mot for publication; strategy re same;

3.80 250 1 $950 350

$1,33011/19/2010 BTC Call with potential class member; memorandum re same; 0.60 250 1 $150 350 $21011/22/2010 BTC Continue editing and supplementing motion to publish to 5th Cir.; Telecon with

clerk 11th cir re pet rehearing; prepare email memorandum re same2.60 250 1 $650 350

$91011/22/2010 BTC Finalize and file mot to publish opinion with 5th Cir 4.30 250 1 $1,075 350 $1,505


11/23/2010 BTC Finalize motion to publish to 5th Cir.; Research additional case law on collateral estoppel and other issues for possible motions to 5th and 11th Cirs.;Prepare email memorandum to SMC with proposed motion language based on collateral estoppel research; Edit and supplement petition for rehearing and rehearing en banc for 11th Cir.

5.80 250 1 $1,450 350

$2,03011/24/2010 BTC Edit and supplement inserts on collateral estoppel for brief; emails with SMC re

same; 2.50 250 1 $625 350

$87511/27/2010 BTC Review request to publish and memo from SMC; continue drafting same 3.30 250 1 $825 350 $1,15511/28/2010 BTC Continue drafting same; review and incorporate Jburnett comments to same;

strategy re same; Review correspondence with co-counsel re strategy on petition for panel and en banc rehearing to the 11th Cir.; Edit and supplement petition for rehearing for 11th Cir.

5.90 250 1 $1,475 350

$2,06511/29/2010 BTC Edit, supplement, and finalize petition for rehearing to 11th Cir.; email

memoranda re same; 4.20 250 1 $1,050 350

$1,47011/29/2010 BTC Review defs' opposition to our motion to publish opinion to the 5th Cir.; strategy

re same2.20 250 1 $550 350

$77012/5/2010 BTC Review negative articles about Stream in GA and PA 0.50 250 1 $125 350 $17512/6/2010 BTC Review correspondence with Atlanta journalist re story re Stream; Review

defendants' opp to Pltfs' motion for publication to 5th Cir.; Finalize reply in support of pltfs' motion for publication to 5th Cir.; strategy re same;

5.40 250 1 $1,350 350

$1,8901/2/2011 BTC Review correspondence with co-counsel re status of appellate motions 0.10 300 1 $30 350 $351/7/2011 BTC Email from potential class member re case; email to same 0.30 300 1 $90 350 $105

1/13/2011 BTC Emails to and from potential class member 0.40 300 1 $120 350 $1402/8/2011 MJP Review 11th circuit opinion in Betts matter. Review 5th circuit opinino on Torres

matter2 500 1 $1,000 600

$1,2002/23/2011 BTC Review 5th Cir. 's directive re reponse to panel rehearing and conferences with

SMC re same0.80 300 1 $240 350

$2802/24/2011 BTC Review 5th Cir.'s report re Brian Walsh's notice of withdrawal and correspondence

with Walsh re same0.20 300 0 $0 350

$02/24/2011 BTC draft motion to withdraw; file same; 2.20 300 1 $660 350 $7702/25/2011 BTC Strategy with team re same 0.20 300 1 $60 350 $702/28/2011 BTC Research 5th Cir.'s Morrison v. Amway case for possible use in Stream 0.80 300 1 $240 350 $280

3/1/2011 BTC continue researching same 2.10 300 1 $630 350 $7353/2/2011 BTC continue researching additional case law for case; 3.00 300 1 $900 350 $1,0503/7/2011 BTC Supplement and edit response to rehearing brief for 5th Cir. 2.20 300 1 $660 350 $7703/8/2011 BTC Edit and supplement revised response to rehearing brief for 5th Cir.; Strategy with

team re case law; edit and supplement 5th cir brief; 2.10 300 1 $630 350

$735


3/9/2011 BTC Call with 5th Cir. clerk re motion; email memorandum re same; research additional case law

6.20 300 1 $1,860 350$2,170

3/10/2011 BTC Research case law for respone to rehearing brief; draft brief intro; draft and file resp pet for rehearing; strategy re same; draft corrected response

8.20 300 1 $2,460 350$2,870

3/11/2011 BTC Corrected response to defs' petition for rehearing filed 0.50 300 1 $150 350 $1753/11/2011 BTC Review notice from 5th Cir. re correction of response to pet for rehearing 0.10 300 1 $30 350 $353/15/2011 BTC Review 5th Cir. order denying defs pet for rehearing en banc; strategy re same 0.80 300 1 $240 350

$2803/15/2011 BTC Begin preparing pleadings for 5th Cir. remand to SDTX 0.20 300 1 $60 350 $703/23/2011 BTC Review 5th Cir.'s mandate and bill of costs 0.30 300 1 $90 350 $1053/24/2011 MJP Review FTC action regarding FHTM. 0.25 500 1 $125 600 $1503/26/2011 BTC Conduct TX SoS research on various Stream entities; 2.10 300 1 $630 350 $735

4/1/2011 BTC Review notice of issuance of judgment re notice of appeal and judgment issued as mandate; strategy re same; begin preparing bill of costs

1.10 300 1 $330 350$385

4/4/2011 BTC Review SDTX notice re judgment, appeal and return of record; strategy re mtg with clients; Review correspondence with co-counsel re meeting with clients in light of remand from 5th Cir and Defendant Domhoff's departure for Momentis; Review notices from SDTX re return of the case for further proceedings

2.20 300 1 $660 350

$7704/4/2011 CMF Confer with CP team regarding other states' laws on RICO actions; research New

York law regarding same; propose name of attorney in New York to contact0.80 500 0 $0 600

$04/4/2011 MJP Corresp. Re: remand to trial court; Domhoff joining Momentis; Ask Illinois contact

for reference to Il. RICO lawyer0.25 500 1 $125 600

$1504/5/2011 BTC Review SDTX notice re bill of costs 0.20 300 1 $60 350 $704/5/2011 MJP Cor. from Illinois contact reL same. 0.25 500 1 $125 600 $1504/6/2011 BTC Strategy with SMC re defs possible appeal to SCOTUS and proceeding with

discovery0.50 300 1 $150 350

$1754/6/2011 BTC Research the remand and case proceeding in light of potential SCOTUS appeal;

prepare email memorandum re same3.20 300 1 $960 350

$1,1204/6/2011 BTC strategy with SMC re same 0.30 300 1 $90 350 $1054/7/2011 MJP Corr with AK re: case. Review first amended class complaint. 1.25 500 1 $625 600 $7504/8/2011 BTC Strategy re amending complaint; 0.20 300 1 $60 350 $70

4/21/2011 BTC Emails with team re Torres' daughter's medical emergency and rescheduling meeting

0.30 300 0 $0 350$0

4/26/2011 CMF telecon with New York attorney Mike Bergman; Confer with SMC regarding conversation with New York attorney, Mike Bergman; follow up email to Mike regarding class action complaint.

1.50 500 1 $750 600

$900


5/2/2011 BTC Review Piersol v. Swagerty petition for potentially useful information for the Stream case

0.40 300 1 $120 350$140

5/2/2011 BTC Review correspondence between SMC and defs' counsel Michael Hurst re case 0.20 300 1 $60 350$70

5/2/2011 BTC Emails with o/c re same; 0.40 300 1 $120 350 $1405/2/2011 CMF email to CP team regarding potential parallel action in Florida 0.20 500 1 $100 600 $120

5/23/2011 BTC email from court re telecon; draft motion withdraw dist ct for B Walsh; notice of setting of conf by SDTX; strategy re same

3.30 300 1 $990 350$1,155

5/24/2011 BTC review motion to withdraw filed by Brian Walsh; emails with o/c and court re conf with court

0.30 300 1 $90 350$105

5/25/2011 BTC Review multiple correspondence with defs' counsel re conference with SDTX 0.40 300 1 $120 350$140

5/26/2011 BTC Review correspondence with defs' counsel re conference with SDTX; 0.20 300 1 $60 350 $705/27/2011 BTC Review Ct notice re Brian Walsh withdrawal; Attend t/c with Ct and defs counsel

re 5th Cir remand and defs' SCOTUS pet; strategy with SMC re same1.20 300 1 $360 350

$4205/31/2011 BTC Review SDTX order re Walsh withdrawal 0.10 300 1 $30 350 $35

6/8/2011 BTC Attend t/c with Ct and defs counsel; strategy with SMC re same; Review correspondence from SDTX clerk re conf call and second call on 6/9/11; Review notice from SDTX re second telephone conference; strategy re same

1.30 300 1 $390 350

$4556/9/2011 BTC Strategy with SMC re counsel of record for plaintiffs and defs' SCOTUS petition;

Attend conf with court; strategy re same1.80 300 1 $540 350

$6306/9/2011 SWA Review notice of setting and email from SMC. 0.20 500 0 $0 600 $0

6/10/2011 BTC Review SDTX's order following scheduling conference and authorization for pltfs to submit proposed, amended petition;

0.20 300 1 $60 350$70

6/10/2011 SWA Emails to/from SMC regarding status. 0.20 500 1 $100 600 $1206/14/2011 SWA Review order. 0.10 500 0 $0 600 $06/15/2011 BTC Review correspondence with defs' counsel re their SCOTUS petition and review

defs' SCOTUS petition; NOA by Vanessa Rush for defendants; Correspondence with o/c re petition for cert

3.20 300 1 $960 350

$1,1206/22/2011 BTC Emails from counsel press re U.S. Supreme Court briefing; strategy re same 0.40 300 1 $120 350

$1407/25/2011 CMF Email from SMC regarding LinkedIn notice. Investigate and offer comments and

suggestions to SMC0.50 500 1 $250 600

$3007/25/2011 MJP Review e-mail from R. Snyder to SMC 0.25 500 1 $125 600 $1507/25/2011 SWA Email from SMC re: communications via LinkedIn 0.20 500 0 $0 600 $08/30/2011 BTC Edit and revise amended petition 2.10 300 1 $630 350 $735


8/31/2011 BTC Continue to edit and revise amended petition 0.80 300 1 $240 350 $2809/1/2011 BTC Continue to edit and revise amended petition; email memorandum to SMC re

same; Review defs' notice of status of petition for writ of certiorari to SCOTUS; Begin revising and annotating amended complaint; Continue revising and annotating complaint

5.10 300 1 $1,530 350

$1,7859/6/2011 BTC Prepare defendant spreadsheet and further annotate draft revised petition 3.20 300 1 $960 350

$1,1209/11/2011 BTC Edit and supplement second amended complaint from SMC; strategy re same; 1.20 300 1 $360 350

$4209/13/2011 BTC Edit and supplement proposed, amended complaint 1.40 300 1 $420 350 $4909/14/2011 BTC Review correspondence with defs' counsel re our proposed, 2d amended

complaint and defs' opposition; continue editing and supplementing amended complaint; correspondence with o/c re amended complaint; strategy re same; Edit and supplement motion for leave to file amended complaint; continue editing opposed mot for leave to file 2d Am complaint; Strategy with team re SAC;

6.20 300 1 $1,860 350

$2,1709/22/2011 BTC edit and supplement draft motion for leave to file SAC; strategy with SMC re

same; research for same; edit and supplement SAC4.60 300 1 $1,380 350

$1,6109/23/2011 BTC edit and supplement motion for leave to file SAC 2.20 300 1 $660 350 $7709/27/2011 BTC Draft opposed motion for leave to file 2d amended petition 1.00 300 1 $300 350 $3509/28/2011 BTC Edit and supplement motion for leave to file 2d amended petition 0.60 300 1 $180 350 $2109/29/2011 BTC Finalize and file prop order motion for leave to file 2d amended petition 0.80 300 1 $240 350 $28010/3/2011 BTC Review correspondence from SMC re SCOTUS' denial of defs' pet for writ of cert;

Strategy with SMC re case going forward in SDTX; 0.80 300 1 $240 350

$28010/3/2011 CMF Email from SMC regrading denial of petition for certiorari 0.10 500 0 $0 600 $010/3/2011 SWA Email from SMC re: denial of petition for certiorari 0.10 500 0 $0 600 $010/4/2011 BTC Finalize and file unopposed motion for leave to file amended complaint 2.30 300 1 $690 350 $80510/7/2011 BTC Review order re denial of pet to USSC for certiorari; strategy re same 0.40 300 1 $120 350 $140

10/11/2011 BTC Review notice from SDTX re SCOTUS' denial of defs' pet for writ of cert; strategy re same;

0.40 300 1 $120 350$140

10/19/2011 BTC Review SDTX order granting motion for leave to file 2d Amended complaint; Review order granting leave to file SAC; strategy re same

0.60 300 1 $180 350$210

10/20/2011 BTC Finalize and file SAC; 1.30 300 1 $390 350 $45510/21/2011 BTC Review notice from SDTX setting telephone conference with court and counsel for

10/270.10 300 1 $30 350

$3510/22/2011 BTC Notice of teleconf filed by court; strategy re same 0.40 300 1 $120 350 $140


10/27/2011 BTC Attend telephone conference with SDTX and all counsel; Strategy with SMC re ct conf call and discovery planning; Review order following telephone conference from SDTX

1.10 300 1 $330 350

$38510/27/2011 MJP Attend telephonic scheduling conference. Discuss with SWC 0.5 500 1 $250 600 $30010/30/2011 BTC Edit and supplement requests for summons for new defendants 0.20 300 1 $60 350 $7010/31/2011 BTC Review notice from SDTX of issuance of summons for new defendants 0.30 300 1 $90 350 $10510/31/2011 MJP Review scheduling order. Discuss with co-counsel. 0.25 500 1 $125 600 $150

11/3/2011 BTC Review notice from SDTX of issuance of summons to defendant Murlle, LLC 0.10 300 1 $30 350$35

11/3/2011 MJP Review cor between SMC and VR. 0.25 500 0 $0 600 $011/30/2011 MJP Review cor between SMC and VR. 0.25 500 0 $0 600 $0

12/2/2011 BTC Review notice of appearance by Mprebeg for filing; 0.10 300 0 $0 350 $012/2/2011 MJP Make appearance in case 0.25 500 1 $125 600 $15012/3/2011 BTC email memo from SMC to team re discovery to defendants and strategy; strategy

with SMC re same;0.40 300 1 $120 350

$14012/5/2011 BTC Review SMC's notice of dismissal as to defendants Murlle, LLC, SGE Consultants,

LLC; and Sache, Inc.0.10 300 1 $30 350

$3512/6/2011 BTC Review notice of appearance by Jeff Burnett for plaintiffs 0.10 300 1 $30 350 $3512/6/2011 MJP Corr. With JB re: appearance. 0.25 500 0 $0 600 $0

12/14/2011 BTC strategy re initial disclosures; edit and suppl same 0.90 300 1 $270 350 $31512/15/2011 BTC Review defs' supplemental initial disclosures; strategy re same 1.30 300 1 $390 350 $45512/22/2011 MJP Review JBs suggested discovery to defendants. 0.25 500 1 $125 600 $15012/29/2011 BTC Review defs' filed motion for extension fo time to file consolidated answer;

strategy re same1.60 300 1 $480 350

$5601/4/2012 BTC Edit and supplement initial disclosures; strategy with team re same; 1.30 300 1 $390 350 $4551/4/2012 SWA Confer with SMC re: deposition strategy. 0.30 500 1 $150 600 $1801/5/2012 BTC order granting mot extension answer; strategy re same 0.30 300 1 $90 350 $105

1/10/2012 BTC Review defendants' answer to plaintiffs' amended complaint; Strategy with SMC re defendants' answer to pltfs' amended complaint; Begin coding defendants' responses to complaint allegations in defs' answer to pltfs' amended complaint; Review SMC's email to defs' counsel re discovery planning; Edit and supplement initial disclosures; strategy with team re same; Review settlement of discovery issues email from smc to o/c

5.10 300 1 $1,530 350

$1,7851/10/2012 CMF Review emails and extensive correspondence exchanged among SMC and

opposing counsel re: discovery; review answer to 2nd amended complaint0.50 500 1 $250 600

$300


1/11/2012 BTC Review M. Hurst's response to SMC's email re discovery planning; Strategy with SMC and co-counsel re same; Strategy with SMC re pltfs' amended initial disclosures; Review SMC's amended initial disclosures; Review SMC's email correspondence to defs re pltfs' amended disclosures; Edit and supplement initial disclosures; strategy with team re same; email response from o/c to discovery settlement email proposal; strategy re same; finalize and file notice of subpoenas under 45(B)(1)

4.10 300 1 $1,230 350

$1,4351/11/2012 SWA Review discovery memo prepared by NM; review email from SMC re: same;

review extensive correspondence exchanged with opposing counsel re: discovery.1.20 500 1 $600 600

$7201/12/2012 MJP Discuss case strategy, discovery to defendants, subpoenas, depositions, and

protective order with S. Clearman0.75 500 1 $375 600

$4501/13/2012 BTC emails between M. Hurst and SMC re SMC's subpoenas for deposition and email

re discovery planning; Strategy with SMC and team re same; Review SMC's subpoenas for deposition and documents to variopus defendant witnesses; Review emails from defs' counsel M. Hurst complaining about subpoenas duces tecum; Begin editing and supplementing SMC proposed response to M Hurst re discovery

6.10 300 1 $1,830 350

$2,1351/13/2012 MJP Review cor bn SMC and MH re: depositions and other discovery. 0.25 500 1 $125 600 $1501/13/2012 SWA Emails to/from BTC re: case materials for co-counsel and extension. 0.50 500 1 $250 600 $3001/16/2012 BTC Continue editing and supplementing SMC proposed response to M Hurst re

discovery; Review email from M Hurst re discovery and protective order; strategy with SMC re emails with o/c; forward SMC email to o/c; emails to and from o/c re same and discovery; strategy re same

2.50 300 1 $750 350

$8751/16/2012 MJP Review Hurst response to discovery issues. 0.25 500 1 $125 600 $1501/17/2012 BTC Review email from M Hurst re discovery and protective order; Prepare draft email

to M Hurst re cancellation of noticed depositions in light of parties' telephone conference; Multiple emails with M Hurst re telephone conference and discovery; Emails to and from J Burnett re conf call with defs' counsel; Review information from process server re served subpoenas; strategy with team re telecon with o/c re discovery planning; draft proposed response email to o/c re cancelling depos;

3.30 300 1 $990 350

$1,1551/17/2012 BTC emails to and from o/c re teleconf to discuss discovery planninga and temporary

cancellation of depos; 0.50 300 1 $150 350

$1751/17/2012 CMF Review emails from BTC and AK; review emails among MJP and SMC re: co-

counsel; emails to/from MJP, SMC, SWA and BTC re: co-counsel; review extensive emails exchanged with opposing counsel re: discovery issues.

1.00 500 1 $500 600

$6001/17/2012 MJP Hurst rresponse to proposed dep schedule. 0.25 500 1 $125 600 $150


1/17/2012 SWA Review emails from BTC and AK; emails to from MJP and SMC re: co-counsel; Numerous emails to/from MJP, SMC, BTC, CMF re: co-counsel; review extensive emails exchanged with opposing counsel re: discovery issues.

1.80 500 1 $900 600

$1,0801/18/2012 BTC Telephone conference with defs counsel re discovery issues 0.50 300 1 $150 350 $1751/18/2012 MJP Attend phone conference on discovery issues. 0.5 500 1 $250 600 $3001/18/2012 SWA Review emails from AK and SMC. 0.20 500 0 $0 600 $01/24/2012 BTC Review email from M Hurst re Lisa Holliday deposition; review o/c litigation hold

request; emails with Jburnett reminding clients of retention obligations;0.60 300 1 $180 350

$2101/24/2012 MJP Hurst dates for Holliday dep. 0.25 500 1 $125 600 $1501/26/2012 BTC Review litigation hold letter from defs' counsel; Review email from SMC to J

Burnett re clients' obligations under defs' litigation hold letter; Review SMC's litigation hold letter to the defendants; Review email from M Hurst re plainttiffs' litigation hold letter and deposition dates; Review multiple emails from SMC to M Hurst re depositions of defense witnesses

1.90 300 1 $570 350

$6651/27/2012 BTC Emails from and to M Hurst re Donny Anderson deposition 0.30 300 1 $90 350 $1051/28/2012 BTC Emails to and from M Hurst re depositions of defendants' witnesses 0.20 300 1 $60 350 $701/31/2012 BTC Prepare email memorandum for SMC re discovery strategy 0.40 300 1 $120 350 $140

2/1/2012 BTC Review letter, email, and depo notice from SMC to defendants; Review response to memo ideas SMC forwarded to expert J Wilson; Review email from M Hurst re deposition notices

0.80 300 1 $240 350

$2802/3/2012 BTC analyze agreed motion for prot order from o/c; strategy re same; review filed

version of same; 0.60 300 1 $180 350

$2102/7/2012 BTC Emails to and from defs counsel re depositions; review court order signing agreed

protective order; 0.60 300 1 $180 350

$2102/9/2012 BTC Review revised deposition notices from SMC to defs; Review emails to and from

defs' counsel re same; strategy with SMC re same0.40 300 1 $120 350

$1402/13/2012 BTC Research "coach and cowboy" IA sales conf call recordings; email memorandum re

same; 3.20 300 1 $960 350

$1,1202/17/2012 BTC Research transcription services for defendants' calls; email memoranda re same; 1.60 300 1 $480 350

$5602/18/2012 BTC Create case database for items in MS OneNote; emails with SMC re same; 1.10 300 1 $330 350 $3852/18/2012 MJP Review pyramid structure and discuss with co-counsel 0.5 500 1 $250 600 $3002/19/2012 BTC Review emails between SMC and potential Dr. John O'Brien re possible discovery

questions to Defendants, and attached SMC memoranda re: same; review memoranda from SMC (from potential expert O'Brien) re discovery to defendants; Strategy with SMC re discovery

0.50 300 1 $150 350

$175


2/20/2012 BTC Review transcript from online transcription company from Ignite IA training calls 0.40 300 1 $120 350$140

2/20/2012 MJP Review case materials for upcoming depositions 1.5 500 1 $750 600 $9002/21/2012 MJP Review Complaint and Answer. Prepare for D. Anderson deposition 2 500 1 $1,000 600 $1,2002/22/2012 MJP Travel to Dallas, attend D. Anderson deposition (partial) return to Houston 11 500 1 $5,500 600

$6,6002/23/2012 MJP Discuss case with SMC, SWA, CMF. 0.75 500 1 $375 600 $4502/24/2012 BTC Review email from SMC to defendants re written discovery; 0.40 300 1 $120 350 $1402/28/2012 BTC Strategy re scanning Ignite "red box" contents for storage and later production;

review same; 0.40 300 1 $120 350

$1402/28/2012 BTC help prepare questions for SMC for Donny Anderson and Lisa Holliday 0.80 300 1 $240 350 $2802/29/2012 BTC Review rough transcripts for Donny Anderson and Lisa Holliday depos 0.90 300 1 $270 350 $315

3/2/2012 BTC Research potential third party targets for discovery with ties to Defendants; Prepare email memorandum re same for SMC; Analyze final transcripts for Anderson and Holliay

7.1 300 1 $2,130 350

$2,4853/4/2012 BTC Review email from SMC to BTC and MJP re potential third-party discovery and

protective order limitations; emails with team re new case citing Torres re arbitration clause

0.80 300 1 $240 350

$2803/4/2012 CMF Conference with SMC regarding potential experts; research; emails to SMC with

contact information for Charlie Mansour and Walt Bratic.0.50 500 1 $250 600

$3003/4/2012 MJP Review report on entities related to defendants, cor re: same; discuss with co-

counsel0.5 500 1 $250 600

$3003/5/2012 BTC Review SMC edits to spreadsheet of potential defendants witnesses and persons

with relevant knowledge0.3 300 1 $90 350

$1053/8/2012 BTC Strategy with SMC re depos 0.3 300 1 $90 350 $105

3/19/2012 BTC Strategy with SMC re draft discovery requests from consulting expert Jeff Compton for defendants; prepare draft discovery requests to defendants

7.3 300 1 $2,190 350$2,555

3/20/2012 BTC Draft supplemental initial disclosures for pltfs; strategy re same; 5.1 300 1 $1,530 350 $1,7853/21/2012 BTC Research case law for possible motion 3.3 300 1 $990 350 $1,1553/26/2012 BTC Email memorandum to SMC re potential witnesses Lee and Rhonda Lemmons

mentioned by Donny Anderson as attendees at initial Excel meeting discussing Stream; Review SMC response to same; Edit Open Records letter to PUC ; stategy re same;

6.1 300 1 $1,830 350

$2,1353/27/2012 BTC Review emails between SMC and potential expert Jeff Compton re potential

forensic accounting-oriented discovery to defendants and Jeff Compton's review of the Holliday deposition; strategy with SMC re subpoenas for docs to 3d parties; begin drafting same; email memorandum to SMC re Lemmons witnesses mentioned by Donny Anderson in depo

0.7 300 1 $210 350

$245


3/28/2012 BTC Email memorandum from SMC re service information on various third-party witnesses with possible ties to defendants; Research additional case law for motion; research additional litigation involving Stream/Ignite ; research balestri and description of stream's formation in other litigation

7.1 300 1 $2,130 350

$2,4853/29/2012 BTC Review SMC's draft, revised petition; strategy re same; research case law for

same; strategy re subpoena attachment to 3d parties3.1 300 1 $930 350

$1,0854/4/2012 BTC Strategy with SMC re tracking down Lemmons witnesses and case strategy 0.5 300 1 $150 350

$1754/11/2012 BTC Edit and supplement draft RFAs; strategy re same and other discovery to

defendants4.2 300 1 $1,260 350

$1,4704/11/2012 MJP Review CloudNine contract 0.25 500 0 $0 600 $04/11/2012 SWA Review emails and contract with discovery vendor. 0.30 500 0 $0 600 $04/16/2012 BTC Edit and supplement draft discovery to non-corporate Ignite defendants and to

other defendant categories; Emails to and from o/c re teleconf to discuss discovery; strategy re discovery with team;

5.2 300 1 $1,560 350

$1,8204/23/2012 BTC Strategy with team re call from Just Energy attorney re subpoena; review emails

between SMC and Just Energy counsel re subpoena; 0.4 300 1 $120 350

$1404/24/2012 BTC Emails between SMC and o/c re discovery; begin creating chart of discovery to

defendants and their various answers3.1 300 1 $930 350

$1,0854/25/2012 BTC continue preparing discovery chart for defendants; continue drafting and revising

1st discovery requests to various defendants; strategy re same; email to o/c propounding same;

4.9 300 1 $1,470 350

$1,7154/26/2012 BTC continue drafting first sets of discovery to defendants; strategy re same; 4.1 300 1 $1,230 350 $1,4354/27/2012 BTC Continue editing and supplementing draft discovery to various defendants;

strategy re same;4.3 300 1 $1,290 350

$1,5054/28/2012 BTC Review email memorandum from SMC re potential expert Jeff Compton; Continue

drafting discovery to defendants; strategy re same; 2.8 300 1 $840 350

$9804/30/2012 BTC Continue drafting discovery to various defendants 2.3 300 1 $690 350 $805

5/1/2012 BTC Emails between SMC and o/c re discovery and extension; edit chart of discovery to defendants and their various answers

3.3 300 1 $990 350$1,155

5/2/2012 BTC Emails between SMC and o/c re discovery and extension; strategy with SMC re same and lack of need for formal stipulation;

0.6 300 1 $180 350$210

5/3/2012 BTC Email from o/c re revisions to draft stipulation; strategy re same; 9 300 1 $2,700 350 $3,1505/4/2012 BTC Strategy re o/c revisions to stipulation; emails to and from o/c re same; review

filed stipulation to respond to pltf discovery; 1.1 300 1 $330 350

$3855/21/2012 BTC Edit discovery chart 3.5 300 1 $1,050 350 $1,225

6/4/2012 BTC Strategy re discovery to defendants 0.2 300 1 $60 350 $706/5/2012 BTC Strategy with SMC re same; 0.2 300 1 $60 350 $70


6/6/2012 BTC Strategy with SMC re discovery 0.3 300 1 $90 350 $1056/7/2012 BTC Review discovery chart and defendants' responses, if any, to date; update chart;

prepare email memorandum to SMC re same and need to send RFPs to defendants; strategy re same; Review and edit draft discovery to defendants from SMC;

4.3 300 1 $1,290 350

$1,5056/8/2012 BTC revise discovery chart; review legal research memo from NM; strategy with SMC

re same; email from SMC re same3.1 300 1 $930 350

$1,0856/10/2012 BTC Review SMC memorandum re Nmartinez discovery memorandum and case

strategy; edit and supplement discovery to defendants; strategy re same with NM and SMC; email memorandum from sMC re his expected input from potential experts

1.3 300 1 $390 350

$4556/10/2012 CMF Review emails from SMC regarding Nick Martinez's discovery memo; review

discovery memo.1.50 500 0 $0 600

$06/12/2012 BTC Strategy with SMC re discovery 0.2 300 1 $60 350 $706/13/2012 BTC update discovery tracking chart; analyze defendant discovery responses; begin

drafting letter to o/c re meet and confer; strategy re same;6.8 300 1 $2,040 350

$2,3806/14/2012 BTC finalize and send letter to o/c re discovery deficiences and production in

Summation format; help finalize RFPs to defendants4.1 300 1 $1,230 350

$1,4356/16/2012 BTC Email from o/c re letter on discovery 0.1 300 1 $30 350 $356/18/2012 BTC Review email from o/c re discovery and their plan to produce additional

documents and plans for meet and confer; strategy re same; 0.9 300 1 $270 350

$3156/19/2012 BTC strategy with Jhallam re ESI in defendants' production; 0.6 300 1 $180 350 $2106/20/2012 BTC Emails from and to o/c re our RFPs and o/c's request for extension; strategy with

team re same and extension of discovery in general; update discovery tracking chart; visit by McKellars -- former IA's -- re possibly joining our case vs Stream; prepare memo re same for SMC, SWA, CMF, NM; strategy with CMF and SWA re same

4.8 300 1 $1,440 350

$1,6806/20/2012 CMF Confer with BTC regarding visit by McKellars -- former IA's -- re possibly joining our

case vs Stream; strategy with BTC andSWA re same.1.2 500 1 $600 600

$7206/20/2012 SWA Review summary email of visit of former IAS; review additional emails re: same;

review email from opposing counsel re: discovery issues.0.50 500 1 $250 600

$3006/21/2012 BTC Talk with lawyer representing other Stream IAs; email re same; strategy with team

re same; Email to attorney representing other stream I.A.s re his clients' request to communicate;

1.8 300 1 $540 350

$6306/21/2012 CMF Follow up conference with BTC regarding McCkellars; review lengthy email from

BTC regarding same. 0.5 500 1 $250 600

$3006/21/2012 SWA Review additional summary emails re: IAS 0.20 500 0 $0 600 $0


6/22/2012 BTC Prepare email memorandum re draft discovery to stream business entities and remaining discovery strategy; review email memorandum from Nmartinez re same; prepare responsive email to same; strategy with team re same; Emails with Nmartinez and SMC re supplementing discovery, including with respect to defendants' website costs

6.9 300 1 $2,070 350

$2,4156/25/2012 BTC Prepare email memorandum re discovery planning; strategy with team re same;

additional email memoranda re supplementing discovery to various defendants; Review email memorandum from Jhallam with analysis of initial data from defendants showing downlines, Acodes, Dcodes, and the like; Review email memorandum from Nmartinez re defendants' RFA responses and chart of variances in responses; strategy with team re same

8.6 300 1 $2,580 350

$3,0106/26/2012 BTC Strategy with team re discovery planning; emails to and from o/c re discovery;

strategy re Swagerty's denial of participating in pyramid activities; conference calls since being an Ignite associate; strategy with N Martinez re discovery; emails to and from o/c re meet and confer call; continue drafting discovery

8.6 300 1 $2,580 350

$3,0106/27/2012 BTC Continue drafting additional discovery; edit and supplement set of discovery to

Domhoff; strategy re same5.1 300 1 $1,530 350

$1,7856/28/2012 BTC edit and supplement discovery tracking chart; strategy with team re discovery and

o/c's request for extension; propound additional sets of discovery to defendants by email;continue drafting additional sets of discovery to various defendants

6.3 300 1 $1,890 350

$2,2056/29/2012 BTC Continue drafting additional discoery to defendants; strategy with team re same 4.1 300 1 $1,230 350

$1,4357/2/2012 BTC Strategy with team re metadata and ESI review companies for defendants'

production; draft additional RFP to IA corporate entities6.6 300 1 $1,980 350

$2,3107/9/2012 BTC Strategy with team re discovery; draft email to o/c re same, dates, and our RFPs to

IA corporate defendants; finalize and send email to o/c attaching new RFPs; 5.6 300 1 $1,680 350

$1,9607/11/2012 BTC Emails from and to o/c re extension and agreement to move case schedule back

3.5 months; strategy re same; 2.2 300 1 $660 350

$7707/13/2012 BTC Prepare draft stipulation for team's input; 2 300 1 $600 350 $7007/16/2012 BTC Strategy with team re draft stipu to o/c re dates; edit same; 0.9 300 1 $270 350 $3157/18/2012 BTC Strategy with SMC re draft stip on dates; edit same; finalize same; email to o/c

forwarding same; 1.1 300 1 $330 350

$3857/19/2012 BTC Analyze RFA and Rog spreadsheets prepared by Nmartinez; strategy re same;

review Def discovery documents; prepare email memorandum re same and items for review; Emails re Haley Stout's denial of being an IA or presidential director; strategy with NM and SMC re same;

4.6 300 1 $1,380 350

$1,610


7/20/2012 BTC Strategy with team on discovery; email to o/c re joint stipulation; 0.8 300 1 $240 350 $2807/23/2012 BTC Emails from and to o/c re stipulation; revise and finalize same; strategy with SMC

re same;2.3 300 1 $690 350

$8057/24/2012 BTC File joint stipulation; contineu drafing 3d RFPs to Ignite; strategy re same 3.3 300 1 $990 350 $1,1557/25/2012 BTC Email to o/c propounding 3d RFPs to Ignite; email memorandum from NM to SMC

and BTC re new spreadsheet analyzing Stream's discovery responses and discrepancies; strategy re same; Review order granting stipulation;

3.8 300 1 $1,140 350

$1,3308/3/2012 BTC Strategy with team re information from FCC expert Vander Nat and discovery;

analyze Vander Nat transcripts; 2.6 300 1 $780 350

$9108/21/2012 BTC strategy with MJP re same; 0.2 300 1 $60 350 $708/22/2012 BTC Continue analyzing defendants' discovery documents; strategy with Jburnett re

defendants' discovery responses and Atlanta newspaper article about Stream; strategy with Jburnett re info Nmartinez re O'Brien, Fitzpatrick, Dr. Jon Taylor, and Dr. Peter Vander Nat; Additional legal research for case;

9 300 1 $2,700 350

$3,1508/23/2012 BTC Strategy with team re discovery and moving to compel; prepare email

memorandum re same and letter to o/c on deficiencies; send additional documents to Jburnett re motions to compel

4.3 300 1 $1,290 350

$1,5058/24/2012 BTC Review letter and Ignite discovery responses from defendants; strategy re

scheduling order; Strategy with SMC re his draft email to o/c and timing of documents;

2.2 300 1 $660 350

$7708/27/2012 BTC Review and analyze Letter and Responses from o/c to different sets of discovery

to three different defendants; 4.2 300 1 $1,260 350

$1,4708/27/2012 MJP Initial review of response by indiv. Defs. And stream entities to RFP; review resp.

by Ignite Holdings; Initial review of rog responses for various defendants. Brief review of van Der Nat testimony.

2.5 500 1 $1,250 600

$1,5008/28/2012 BTC Prepare email memorandum to team re deficiencies to be mentioned in letter

before moving to compel; 1.8 300 1 $540 350

$6309/2/2012 BTC Review letters and discovery from o/c; analyze same; 2 300 1 $600 350 $7009/4/2012 BTC continue drafting letter to o/c re deficiencies for motions to compel; email

memorandum re same; 3.1 300 1 $930 350

$1,0859/7/2012 BTC revise and edit letter to o/c on discovery; strategy re same 2.2 300 1 $660 350 $770

9/10/2012 BTC Review o/c's request for extension on discovery; strategy re same; revise and supplement letter to o/c; finalize same

1.6 300 1 $480 350$560

9/11/2012 BTC Email o/c forwarding letter on defendants' discovery deficiences and items still needed from defendants;

0.4 300 1 $120 350$140

9/14/2012 BTC Emails to and from o/c re extension; emails from o/c re discovery; analyze additional discovery responses sent by o/c

1.3 300 1 $390 350$455


9/17/2012 BTC Analyze formal letter from o/c responding to our 9/11/12 letter outlining defendants' discovery discrepancies; strategy re same

1 300 1 $300 350$350

9/18/2012 BTC Strategy with team re o/c's response to our letter on their discovery deficiencies; strategy with team re response to Jguild letter and setting up new phone conf

0.4 300 1 $120 350

$1409/19/2012 BTC Email o/c re same; email memorandum re additional discrepancies from o/c's

letter; email from o/c re same; 1.3 300 1 $390 350

$4559/19/2012 BTC Review strategy memorandum from Jhallam re analysis of defendants' initially

produced spreadsheets3.5 300 1 $1,050 350

$1,2259/19/2012 SWA Review emails re: defs' discovery positions 0.30 500 0 $0 600 $09/20/2012 BTC Strategy with Jburnett and SMC re expert info and case strategy; 0.9 300 1 $270 350 $3159/21/2012 BTC Letter from o/c re discovery responses and produced docs; begin to analyze same 1.6 300 1 $480 350

$5609/24/2012 BTC Email memorandum to Jburnett re defendants discovery production; strategy with

team re Summation review0.4 300 1 $120 350

$1409/25/2012 BTC Continue analyzing defendants' discovery documents 1.1 300 1 $330 350 $3859/26/2012 BTC Continue analyzing defendants discovery documents; email memoranda re same;

draft letter to o/c re same and questions; Emails with o/c re discovery conference; 8.1 300 1 $2,430 350

$2,8359/27/2012 BTC Email o/c re discovery production and questions; emails from and to o/c re same

and scheduling meeting; strategy with team re discovery and call with o/c2.3 300 1 $690 350

$8059/28/2012 BTC Strategy with team re discovery; emails to and from o/c re same and conference;

conference with team re review of defendants' docs1.6 300 1 $480 350

$56010/1/2012 BTC Strategy with team re discovery; continue analyzing defendants' discovery

production1.2 300 1 $360 350

$42010/18/2012 BTC Research additional case law for motions and complaint; prepare legal research

memo re potential use of securities laws vs Stream; prepare memorandum to Mcompton re defendants' production and Dcodes for database analysis;

9.2 300 1 $2,760 350

$3,22010/19/2012 BTC Continue researching case law for potential additional causes of action 2.1 300 1 $630 350 $73510/23/2012 BTC Strategy with team re review of database of defendants' initial production;

continue analyzing defendants' production2.2 300 1 $660 350

$77010/24/2012 MJP Review cor with J. Wilson and report on VanderNat 0.25 500 0 $0 600 $010/25/2012 BTC Strategy with team re docs for potential expert, John Wilson; email docs to John

Wilson per SMC; email from John Wilson; strategy with team re same; Prepare strategy memorandum re references to Domhoff lawsuit against Stream and PeopleMap information on Domhoff financial issues

3.5 300 1 $1,050 350

$1,22510/26/2012 BTC Continue analyzing defendants' discovery prodution 2.8 300 1 $840 350 $980


10/28/2012 BTC Strategy with team re defendants' discovery production, missing items, and need for meet and confer to set up possibly necessary mot to compel; draft detailed letter to o/c re discovery production

3.6 300 1 $1,080 350

$1,26010/29/2012 BTC Strategy with team re letter to o/c and conf with o/c on discovery and motion to

compel issues; begin drafting followup email to o/c re discovery issues1.8 300 1 $540 350

$63010/30/2012 BTC Complete analysis of IA defendants' answers to our RFAs; Prepare strategy

memorandum re various defendants' failures to respond to various RFAs and possible response; Edit and finalize followup email to o/c re discovery issues; edit and supplement 2d RFPs to Ignite

9 300 1 $2,700 350

$3,15010/31/2012 BTC Analyze memorandum from potential expert John Wilson analyzing Stream

Income Statements from 2007 through 2011 sent by SMC (from 10/26/2012); Analyze memorandum from potential expert John Wilson analyzing Stream financial data from 2011; Review memoradum forwarded by SMC from expert John Wilson re his discussions with FTC expert VanderNat and discovery planning

5.2 300 1 $1,560 350

$1,82011/1/2012 BTC Continue editing and supplementing draft discovery to defendants; emails to and

from o/c re discovery and new conf call to discuss2.3 300 1 $690 350

$80511/2/2012 BTC Teleconference with opposing counsel re defendants' need to supplement

discovery; Strategy with SMC and Jburnett re same1.8 300 1 $540 350

$63011/2/2012 SWA Review extensive emails to/from opposing counsel re: discovery issues. 0.30 500 0 $0 600 $011/5/2012 BTC Email correspondence to opposing counsel re discovery meet and confer and

defendants need to produce additional documents1.1 300 1 $330 350

$38511/5/2012 MJP Ask SC re: entry of AK. 0.25 500 0 $0 600 $0

11/13/2012 BTC Email to opposing counsel re Defendants' failure to follow through on promises made in 11/2/2012 meet and confer and proposed agreed extension; Emails from and to o/c re same; strategy re same with team; continue analyzing defendants discovery requests

2.6 300 1 $780 350

$91011/13/2012 SWA Emails to/from BTC re: discovery issues with opposing counsel. 0.20 500 1 $100 600 $12011/14/2012 BTC Review email from oc agreeing to 120-day extension on deadlines and giving

update on defendants' discovery vendor progress on production; strategy re same with team; prepare joint stipulation for court extending dates; strategy re same;

4.9 300 1 $1,470 350

$1,71511/14/2012 SWA Emails to/from BTC re: discovery issues with opposing counsel. 0.20 500 1 $100 600 $12011/15/2012 BTC edit draft joint stipulation and email to oc re agreed extension and update on

discovery progress; Emails with o/c re same; 3.9 300 1 $1,170 350

$1,36511/16/2012 BTC Review email memorandum from Jburnett re research on Natural Gas Parnters

entities and ties to Stream0.4 300 1 $120 350

$14011/19/2012 BTC Review oc's proposed redline changes to joint stipulation on extension 0.8 300 1 $240 350 $280


11/20/2012 BTC Strategy with SMC et al re defendants' proposed changes to joint stipulation; Email to oc re approval of defendants' proposed changes; Email from oc approving filing of joint stipulation extending deadlines; Finalize and file joint stip; emails with team and o/c re same; prepare and file proposed order

5 300 1 $1,500 350

$1,75011/21/2012 BTC Email memorandum from SMC to BTC and JBurnett re discovery status and

discovery status0.2 300 1 $60 350

$7011/25/2012 BTC Strategy with team re discovery; order from court granting joint stipulation; 0.3 300 1 $90 350

$10511/26/2012 BTC Email oc re copies of defendants' discovery requests to plaintiffs; Review same

from oc; Continue editing and supplementing 3d and 4th RFPs to Stream; Review letter from o/c re discovery production (STREAM2649-220571);

3.1 300 1 $930 350

$1,08511/27/2012 BTC Review orders from ct resetting various class action and other deadlines; 0.3 300 1 $90 350 $10511/29/2012 BTC Continue reviewing defendants' discovery production; strategy with team re saem 3.2 300 1 $960 350

$1,12012/3/2012 BTC Strategy with team re discovery and deposition planning; continue reviewing

defendants' discovery production2.1 300 1 $630 350

$73512/3/2012 SWA Review emails re: document assembly and copy production for AK. 0.50 500 0 $0 600 $012/4/2012 SWA Meet with AK re: case status and strategy. 2.00 500 1 $1,000 600 $1,20012/5/2012 BTC Conf with AK and team re joining case and case strategy; prepare email

memorandum to AK and others re Pro hac and case docs; Strategy with team re same; begin preparing docs for AK

1.1 300 1 $330 350

$38512/5/2012 CMF Review emails to/from team regarding AK appearance, and other issues. 0.30 500 1 $150 600 $18012/5/2012 MJP Meet with AK re: details of case and co-counsel participation; discuss with SMC 3 500 1 $1,500 600

$1,80012/5/2012 SWA Numerous emails to/from Torres Team re: AK appearance, etc. 0.50 500 1 $250 600 $300

12/10/2012 BTC Email from Sommers PC re pro hac vice for Andy Kochanowski, Lisa Mikalonis, and Krista H.; email to o/c re extension to answer defs discovery requests;

0.8 300 1 $240 350

$28012/10/2012 CMF Review emails and issues concerning draft fee agreement and revisions thereto;

emails regarding same.1.00 500 0 $0 600

$012/10/2012 MJP Discuss with BC appearance of AK, pro hac vice rules, appearance timing with SC,

and his integration into case.0.5 500 1 $250 600

$30012/11/2012 BTC Continue reviewing defendants discovery production; strategy with team re

extension to answer defs discovery; Review motion for pro hac vice filed by AK; 3.2 300 1 $960 350

$1,12012/11/2012 CMF Additional review and revisions to draft fee agreement and emails to team. 1.50 500 0 $0 600

$0


12/11/2012 MJP Review draft K with AK and discuss with co-counsel 0.5 500 0 $0 600 $012/11/2012 SWA Review draft fee agreement and revisions thereto; emails re: same. 1.50 500 0 $0 600 $012/12/2012 BTC Finalize docs for AK; strategy with team re answering o/c's discovery 0.9 300 1 $270 350 $31512/13/2012 BTC Strategy with team re answering defs' discovery; emails with AK's office re docs for

AK and integration into review process;0.4 300 1 $120 350

$14012/17/2012 BTC Email to Jburnett re stategy on responding to defs' discovery and meeting with AK;

continue reviewing defs production1.2 300 1 $360 350

$42012/18/2012 BTC Meet with AK and team re case strategy; continue reviewing defs production;

strategy with team re answering defs discovery; Review Order granting AK pro hac vice; strategy with Jburnett re previous calls with o/c for discussion with AK;

2.5 300 1 $750 350

$87512/20/2012 BTC Strategy with AK's office re docs and early depo transcripts; continue drafting

discovery1.9 300 1 $570 350

$6651/4/2013 BTC Review email and other documentation for Relativity discovery database sent by

Andy Kochanowski0.5 300 1 $150 350

$1751/17/2013 MJP Learn access to Relativity database; discuss with co-counsel 0.75 500 1 $375 600 $4501/30/2013 MJP Review invoices from J. Wilson and discussion of same. 0.25 500 1 $125 600 $150

2/3/2013 SWA Review emails re: scheduling 0.3 500 0 $0 600 $02/4/2013 MJP Discuss with co-counsel use of database, JW, and responses to Rogs. 0.5 500 1 $250 600 $300

2/11/2013 CMF Review email from SMC regarding fee agreement; review records regarding same; email to team regarding same

0.5 500 0 $0 600$0

2/11/2013 SWA Emails re: fee agreement; review restated fee agreement. 0.5 500 0 $0 600 $02/12/2013 SWA Review email re: restated fee agreement. 0.5 500 0 $0 600 $02/14/2013 BTC Review email from oc re discovery and deposition planning and conflicting dates 0.4 300 1 $120 350

$1402/14/2013 BTC Strategy with team re same 0.4 300 1 $120 350 $1402/15/2013 BTC Review emailed letter from oc forwarding supplemental discovery production

STREAM0220572-0506124; Forward same to Relativity for incorporation into master database; Review email from SMC to oc and co counsel re plaintiffs' answers to defendants' discovery requests and the third-party deposition of Defendants' contractor DPI, as well as other depositions set for March 11-29; Email to oc re deposition scheduling; Email from oc re same; Email to oc re deposition scheduling and DPI depositions; Email from oc re DPI deposition

6.8 300 1 $2,040 350

$2,3802/15/2013 MJP Discuss with co-counsel deposition plan and e-mail to defendants re: same. 0.75 500 1 $375 600

$4502/18/2013 BTC Emails with o/c re depositions; 0.6 300 1 $180 350 $210


2/20/2013 MJP Discuss defs discovery responses, depos needed, scheduling and strategy with co-counsel.

0.5 500 1 $250 600$300

2/23/2013 BTC Analyze information from SMC re lawsuit between Stream and Ted Hasson 0.2 300 1 $60 350$70

2/24/2013 MJP Review SC information on Domhoff and Witt; Piersol petition. 0.5 500 1 $250 600 $3002/27/2013 BTC Review email from Relativity reps re access to master discovery database 0.3 300 1 $90 350

$1052/27/2013 MJP Initial review of Relativity Manuals. 0.5 500 1 $250 600 $3002/28/2013 BTC Strategy with team re deposition scheduling; Email to oc re proposed deposition

schedule for defense witnesses and proposals for streamlinining discovery; Review email from oc responding to same

2.5 300 1 $750 350

$8752/28/2013 MJP Review BC requests for depos and MH and MH response. 0.25 500 0 $0 600 $0

3/3/2013 BTC Email from SMC to oc re same 0.1 300 1 $30 350 $353/4/2013 BTC Email from oc to SMC re same; Strategy with team re deposition scheduling and

response to oc; continue reviewing defendant discovery documents8.6 300 1 $2,580 350

$3,0103/5/2013 BTC Email to oc re deposition scheduling for defense witnesses; Email from oc re meet

and confer; email from Akochanowski to oc re same; strategy with team re same; continue reviewing defendant discovery documents

8.1 300 1 $2,430 350

$2,8353/5/2013 MJP AK, BC, and MH corres. On depo scheduling and Constellation. 0.25 500 1 $125 600 $1503/6/2013 BTC Edit and supplement draft Rule 30b6 deposition topics; strategy with team re

same; Call with oc re 30(b)(6) deposition topics and deposition schedule; strategy re same; continue analyzing defendant discovery documents

9 300 1 $2,700 350

$3,1503/6/2013 MJP Review BC's detailed discovery chart; prior scheduling order, draft 30b6. 0.5 500 1 $250 600 $3003/7/2013 BTC Review 30(b)(6) notice to oc 0.4 300 1 $120 350 $140

3/10/2013 MJP Review SC letter to MH, discuss with co-counsel. 0.25 500 1 $125 600 $1503/11/2013 BTC Review and analyze expert information for Paul Taylor from Akochanowski;

strategy re same; continue analyzing defendants' produced discovery documents; begin planning additional discovery requests to defendnats

8.4 300 1 $2,520 350

$2,9403/11/2013 SWA Review correspondence from opposing counsel re: SMC letter 0.2 500 1 $100 600 $1203/12/2013 MJP Review PT CV; response letter from MH complaining about discovery. Opinion

letter from Grimes; compelling discovery strategy among counsel; draft SC letter and make revisions to same; AK's revisions; corresp. on DPI, engagement of PT.

1.5 500 1 $750 600

$9003/13/2013 MJP Review corr. With C.Harris re: subpoena to DPI. 0.25 500 1 $125 600 $1503/14/2013 MJP Review draft motion for extension; request for Torres and Robision deps.; MH

complaint letter on discovery.0.5 500 1 $250 600

$300


3/15/2013 BTC Review letter from oc re inadvertently disclosed privileged documents and claw-back; strategy re same; continue analyzing defendants' produced discovery documents

7.6 300 1 $2,280 350

$2,6603/15/2013 MJP Review e-mails between BC, AK, and MH re: discovery scheduling and SC response

to MH. Discuss with co-counsel. Review claw-back letter and SA comments.0.5 500 1 $250 600

$3003/15/2013 SWA Review correspondence from opposing counsel re: clawback; emails to/from

Torres Team re: same; review emails re: subpoenas, etc.0.5 500 1 $250 600

$3003/16/2013 SWA Review email from SMC to opposing counsel re: expert. 0.1 500 0 $0 600 $03/18/2013 BTC continue analyzing defs discovery docs; continue preparing materials and

questions for depositions8 300 1 $2,400 350

$2,8003/19/2013 BTC Review letter from oc disclosing Carmona as having signed protective order; Email

from SMC re same, possible criminal implications for Carmona, and SMC request for deposition of Carmona; strategy re same; continue analyzing defendants' discovery documents; research Carmona; continue preparing documents and questions for depositions

8.7 300 1 $2,610 350

$3,0453/19/2013 MJP Review report by BC on discovery call with defendants; attend call with defs on

discovery.0.75 500 1 $375 600

$4503/20/2013 BTC Review letter SMC faxed to oc re Carmona; Strategy re same; Review letter from

oc re production of STREAM0506125-0557027; continue analyzing defendants' discovery documents

9.1 300 1 $2,730 350

$3,1853/20/2013 MJP review SC letter re: Carmona. 0.25 500 1 $125 600 $1503/21/2013 BTC Email from oc to SMC re Carmona; strategy re same; Email from SMC to oc re

deposing Carmona; Email from SMC to oc re potential criminal penalties against Carmona; Email from oc to SMC re discovery issues, depositions, and oc complaint against SMC; strategy re same; research same; continue analyzing defendants' discovery documents

10 300 1 $3,000 350

$3,5003/21/2013 MJP Discuss with co-counsel SC letters to def. counsel re: discovery; response from

MH; and letter from MH re: Carmona. Fruther discussion with co-counsel on containing communications.

2.25 500 1 $1,125 600

$1,3503/21/2013 SWA Review emails to/from Torres Team re: scheduling and depositions; emails

to/from SMC regarding depositions; emails re: expert issues.0.5 500 1 $250 600

$3003/22/2013 BTC Review SMC email to oc attaching lengthy schedule of defendant depositions and

depo notice; Email from SMC to oc re same; strategy re same; continue analyzing def disco docs; emails between SMC and oc re Carmona and depositions;

8.8 300 1 $2,640 350

$3,0803/22/2013 MJP Continue review of Stream documents. Review correspondence with Hurst.

Research class action law re: RICO.6 500 1 $3,000 600

$3,600


3/23/2013 BTC Lengthy email from SMC to oc re discovery issues and oc's complaints; emails between SMC and oc; review second amended depo notice from SMC; Email from SMC to oc re live deposition notice; Email from SMC re 2d amended deposition notice and re deposition of Randy Hedge in Arkansas; continue analyzing defendants' discovery documents

5.3 300 1 $1,590 350

$1,8553/23/2013 MJP Continue review of RICO class action law. 3 500 1 $1,500 600 $1,8003/23/2013 SWA Review emails to/from Torres Team re: depositions. 0.2 500 1 $100 600 $1203/25/2013 BTC SMC email attaching 3d amended deposition notice for defense witnesses; Review

Akochnaowski letter to opposing counsel re discovery and privilege log; Email from oc re timing and scheduling of depositions of defense witnesses; continue analyzing defendants' discovery documents; strategy with team re case and discovery planning; continue preparing for depositions including of M Tacker

8.3 300 1 $2,490 350

$2,9053/25/2013 MJP Review B.Witt response to subpoena; notices for plaintiffs depos; sample reports

from database; Stream structure chart.0.75 500 1 $375 600

$4503/26/2013 BTC Email from SMC discussing deposition timing and corrected Third-Amended depo

notice for defendants; Emails to and from Akochanowski and oc re defendants' need to supplement document production and re planning for deposition of defense witnesses and discovery planning; Emails between SMC and oc re defendants' late production of 70,000-plus pages of documents; continue analyzing defendants' discovery documents; continue preparing for team depositions

9 300 1 $2,700 350

$3,1503/26/2013 MJP Prepare for depositions. Review SC e-mails on updoming depos and corrected

notice; correspond. with defs. Re various discovery issues; and BC docs on saturation and Stream infrastructure.

4 500 1 $2,000 600

$2,4003/27/2013 BTC continue analyzing defendants' discovery documents; continue preparing

questions and materials for depositions; strategy with team re M Tacker depo7.5 300 1 $2,250 350

$2,6253/27/2013 MJP travel to Dallas, meet with SMC and AK, attend deposition of M. Tasker. Meet

with SMC and AK to discuss case.12 500 1 $6,000 600

$7,2003/28/2013 BTC Email from oc re defendants discovery of several loose DVDs and CDs containing

relevant information to Pltfs' discovery requests and Pltfs production of video clips and defendants request for 30 day extension of deadlines before depositions are taken; continue analyzing defendants' discovery documents; continue preparing for depos; strategy re Flores depo

8.4 300 1 $2,520 350

$2,9403/28/2013 MJP Attend depoistion of S. Flores. Return to Houston. 8 500 1 $4,000 600 $4,800


3/29/2013 BTC Emails to and from Andy K re analyzing Stream's initially produced spreadsheets and linkage to defendants' responses to various of Pltfs' discovery requests; update discovery tracking spreadsheet; strategy re same; continue analyzing defendants' discovery documents; strategy re Fischer depo; continue preparing for depos;

8.8 300 1 $2,640 350

$3,0803/30/2013 BTC Analyze defendant discovery documents through master Relativity database 3.5 300 1 $1,050 350

$1,2254/1/2013 BTC Analyze hot docs from Akochanowski found in Relativity database; strategy re

same; continue analyzing defs' discovery documents; team call re NBC dateline inquiry; strategy re same; help prepare for depos

8.3 300 1 $2,490 350

$2,9054/1/2013 CMF Review "hot docs" found in discovery production by Akochanowski; confer with

team re same; analyze defs' discovery documents;2.5 500 1 $1,250 600

$1,5004/1/2013 SWA Listen to vmail from reporter; review emails re: same; review emails re: discovery

scheduling agreements.0.3 500 0 $0 600

$04/2/2013 BTC Prepare questions and materials for Lucia and Domhoff depos; review past depos

and case docs for same; continue analyzing defs discovery docs for possible suppl discovery requests;

10 300 1 $3,000 350

$3,5004/2/2013 MJP discuss case with SMC. Review recently produced document sconcerning

saturation, Stream management and ownership structure, and valuation and purchase offer. Discuss with AK.

2.5 500 1 $1,250 600

$1,5004/3/2013 BTC Letter from oc producing STREAM0627437-0627838 and STREAM 0557028-

0557066; analyze same; continue analyzing and processing defendants' discovery documents; continue preparing materials for deposition; strategy with team re Lucia and Domhoff depo

8.6 300 1 $2,580 350

$3,0104/4/2013 BTC finalize parties' joint stipulation extending case schedule dates; strategy with team

re same; emails with o/c re same; file same7.2 300 1 $2,160 350

$2,5204/4/2013 MJP Initial review of Tacker and Flores testimony; cores. from defs.; draft joint stips. on

extending discovery; AK identification of videos for deps. and revision to stip. language; suggest response by AK to JG; review our RFP on same.

3.5 500 1 $1,750 600

$2,1004/5/2013 BTC Strategy with MJP re deposition of records custodian depo; continue reviewing

and analyzing defs discovery docs; 0.4 300 1 $120 350

$1404/5/2013 MJP Discuss ongoing depo of C. Domhoff with co-counsel. 0.25 500 1 $125 600 $1504/7/2013 BTC Analyze Ted Hasson suit materials from SMC for database 0.6 300 1 $180 350 $2104/8/2013 BTC Review order granting parties' joint stipulation extending dates; Strategy with

team re same; continue analyzing defs' discovery documents8.9 300 1 $2,670 350

$3,1154/9/2013 BTC continue preparing for depositions; analyze prior depositions; continue analyzing

defendants' discovery docs; prepare questions for R Hedge depo7.3 300 1 $2,190 350

$2,555


4/9/2013 MJP Review cts' order on stip for extension; BC's report on D. Witt and Jorlin Group and docs. on same; AK view on RICO issues.

0.75 500 1 $375 600$450

4/10/2013 BTC continue preparing for depositions; analyze prior depositions; continue analyzing defendants' discovery docs;

6.6 300 1 $1,980 350$2,310

4/10/2013 MJP Review Burnlounge materials. Review Stream docs on Torres and Robision and AK comments on same. Sesarch for survey vendor.

2.5 500 1 $1,250 600$1,500

4/10/2013 SWA Emails re: surveys/statistical analysis. 0.3 500 1 $150 600 $1804/11/2013 BTC continue preparing for depositions; analyze prior depositions; continue analyzing

defendants' discovery docs;7.6 300 1 $2,280 350

$2,6604/11/2013 MJP Review SGE/DPI agreement and AK comments on same. Review IA per year report

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2 500 1 $1,000 600

$1,2004/11/2013 SWA Emails re: surveys/statistical analysis. 0.1 500 0 $0 600 $04/12/2013 BTC Letter from oc producing STREAM0627839-0677337; Forward same to Relativity

for incorporation into master discovery database; continue analyzing defendants' discovery documents;

0.5 300 1 $150 350

$1754/12/2013 MJP Prepare for and attend conference call. Prepare example probability curves for

stream succes and discuss with co-counsel. Several e-mails on depo scheduling. Discuss Plante Moran modeling for extending damages calc. Review FHT comparision from AK and PM.

3.5 500 1 $1,750 600

$2,1004/15/2013 BTC Letter from oc producting STREAM0677338-0696669; Review defendants'

privilege log; Forward same to Relativity for incorporation into master database and analysis; Begin analyzing defendants' privileged log; Analyze defendants latest and voluminous clawback designations; stategy re same; continue preparing questions and materials for depositions; continue analyzing defendants' discovery documents

9.1 300 1 $2,730 350

$3,1854/15/2013 MJP Review "spouse" doc. report from TE. 0.25 500 0 $0 600 $04/16/2013 BTC continue preparing for depositions; analyze prior depositions; continue analyzing


$2,4854/17/2013 BTC continue analyze defs disco; prepare questions and materials for future depos,

including Hedge; research for same; Robison depo10.2 300 1 $3,060 350

$3,5704/17/2013 MJP E-mails between SC and JG re: document production and send comments on

same. Review TE memo on spouses and suggestions for dismissals.0.5 500 1 $250 600

$3004/18/2013 BTC continue preparing for depositions; analyze prior depositions; continue analyzing


$2,8354/19/2013 BTC Emails with T Ellis re Coldan info; strategy re same; research same; continue

analyzing defendants' discovery documents; continue preparing for depositions; 8.8 300 1 $2,640 350

$3,0804/19/2013 MJP Review Snyder e-mails on saturation and AK comments on same. Discuss

potential RFA with SC.1 500 1 $500 600

$600


4/22/2013 BTC continue preparing for depositions; analyze prior depositions; continue analyzing defendants' discovery docs;

8 300 1 $2,400 350$2,800

4/23/2013 BTC continue preparing for depositions; continue analyzing and coding defendants' discovery docs; strategy re same

7.3 300 1 $2,190 350$2,555

4/24/2013 BTC continue analyzing defs discovery docs; strategy re same; prepare materials and questions for Hedge depo; analyze past depos for same; team strategy call

6.5 300 1 $1,950 350

$2,2754/25/2013 BTC continue preparing for depos, including Hedge; analyze defs discovery and past

depos for same5.9 300 1 $1,770 350

$2,0654/25/2013 CMF confer with team regarding notice by opposing counsel of contact with Stream's

expert, Paul Carmona; research eithcs issues regarding same; 1.5 500 1 $750 600

$9004/25/2013 MJP Multiple e-mails with co-counsel re: settlement strategy and case preparation.

Discuss with co-counsel MH complaint that SC contacted Carmona and discuss response to threat of sanctions motion and review e-mails on same.

2.25 500 1 $1,125 600

$1,3504/25/2013 SWA Review numerous extensive emails to/from opposing counsel re: Clearman

conduct; confer with BTC re: same.1.5 500 0 $0 600

$04/26/2013 BTC continue preparing for depos; analyze and code additional defs discovery docs;

strategy re Hedge; analyze defs motion for protective order and for sanctions against SMC; strategy re same; begin drafting resp to same

8.7 300 1 $2,610 350

$3,0454/26/2013 CMF continue research of eithcs issues and Texas case law; research Texas' "revolving

door statute"; confer with team; review discovery from Stream regarding Carmona; review motion for sanctions and confer with SWA;

5.5 500 1 $2,750 600

$3,3004/26/2013 MJP Review defs. Motion for protective order and for sanctions; BC notes on same.

Discuss with co-cousnel. Review updated depo schedule and Carmona subpoena.2.5 500 1 $1,250 600

$1,5004/26/2013 SWA Review motion for sanctions; confer with CMF re: same; emails to/from BTC re:

motion for sanctions; confer with BTC re: same.3 500 1 $1,500 600

$1,8004/28/2013 BTC strategy re hedge depo; meet with SMC, JB, and clients to prepare for depos;

strategy re same; begin drafting motion for leave to depose Carmona8.6 300 1 $2,580 350

$3,0104/29/2013 BTC Prepare additional question suggestions and materials for Hedge depo; strategy re

same; continue analyzing defendants' discovery docs; strategy re same; continue working on motion for leave to depose Carmona; draft and file notice of withdrawal of motion Dkt. 88 ; analyze defs emergency motion to quash depo of Carmona; review NOA by Eisenstat for defs; prepare email re same

8.3 300 1 $2,490 350

$2,9054/29/2013 MJP Search database for documents relevant to Lucia and Stout. Review video clip

summary from BC.3 500 1 $1,500 600

$1,800


4/29/2013 SWA Review document production culled by BTC relative to defs communications with expert.

1.5 500 1 $750 600$900

4/30/2013 BTC Strategy re Hedge depo; continue analyzing defendants' discovery documents; prepare materials and possible rehabilitation questions for Torres depo; finalize and file motion to depose Carmona; review Clearman decl re same; finalize exhibits for same; review order for expedited response for defs mot protective order and for sanctions

9.1 300 1 $2,730 350

$3,1854/30/2013 MJP Review motion to quash Carmona depo. Review and revise motion to depose

Carmona. Review Witt and Coldan subpoenas. Review SC declaration on same and comms. from Carmona. Review court's order on expedited response and as-filed motion on Carmona. Prepare for depositions of Lucia and Stout

6 500 1 $3,000 600

$3,6004/30/2013 SWA Review motion for leave to depose expert; review emails re: same; email from BTC

re: new counsel of record; email from staff re: calendar entry.0.5 500 1 $250 600

$3005/1/2013 BTC Attend Torres depo with SMC, JB , and o/c; strategy re same; prepare materials for

future depos, including L Stout; research for same; order from court for expedited response to motion to quash Carmona depo and for prot order and sanctions

12.3 300 1 $3,690 350

$4,3055/1/2013 MJP Continue preparation for depositions of Lucia and Stout; Discuss with BC. Send

video clips to Frederick's.3.5 500 1 $1,750 600

$2,1005/2/2013 BTC Review letter from oc offering de minimis settlement to clients; Strategy with

team re same; continue analyzing defs' discovery documents; continue preparing for deposititions, including mateirals for Lucia; strategy re stout depo; order from court setting expedited response date for our motion for leave to depose Carmona

8.8 300 1 $2,640 350

$3,0805/2/2013 MJP Travel to Dallas and depose B. Lucia. Prepare for depo of L. Stout. 11 500 1 $5,500 600 $6,6005/3/2013 BTC Continue preparing materials and questions for depos, including Smith; continue

analyzing defs discovery docs; strategy re Stout8.6 300 1 $2,580 350

$3,0105/3/2013 MJP Depose L. Stout, return to Houston. 10 500 1 $5,000 600 $6,0005/5/2013 BTC Prepare additional materials for depos; continue drafting resp to def mot

sanctions4.2 300 1 $1,260 350

$1,4705/5/2013 MJP Review SC e-mail to P. Carmona. E-mail from SC re: AK and call to same. 0.5 500 1 $250 600 $3005/6/2013 BTC Prepare proposed questions for Smith and Snyder depo; strategy re same;

continue analyzing defendants' discovery docs8.1 300 1 $2,430 350

$2,8355/6/2013 MJP Review and suggest revisions to stipulation. Discuss appearance records with CT.

Discuss m for sanctions with defense counsel. Discuss same with co-counsel. E-mail from MH clarifying motion only against SC.

2.5 500 1 $1,250 600

$1,500


5/7/2013 BTC Prepare materials for Snyder depo; strategy re same; continue analyzing defendants' discovery docs; analyze defs suppl mot for clarification as to mot for prot order and sanctions

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$2,6955/7/2013 MJP Review final suggested stip list and BC explanation to defense counsel. Review

motion for clarificaiton. Discuss with co-counsel.1 500 1 $500 600

$6005/7/2013 SWA Review correspondence and emails relative to motion for sanctions; emails

regarding same.1 500 1 $500 600

$6005/8/2013 BTC Strategy re Snyder depo; continue preparing materials for other depos; analyze

defendants' discovery documents and responses; review resp to motion for leave to depose carmona;

7.5 300 1 $2,250 350

$2,6255/8/2013 MJP Dicuss m for sanctions with SC. Discuss same with AK and Smith depo. E-mails

from SC re: Carmona.0.75 500 1 $375 600

$4505/8/2013 SWA Review draft response to motion for sanctions. 1.5 500 1 $750 600 $9005/9/2013 BTC Attend Robison defense of depo; strategy re same; analyze def discovery docs re

same; prepare questions and docs for other depos, incl Witt; review prop order denying our mot for leave to depose Carmona filed by defs; continue drafting response to their mot for sanctions; research re same; strategy re same

8.9 300 1 $2,670 350

$3,1155/9/2013 MJP review response to emergency motion re: depos. Review SC draft e-mail to P.C.

Review advance of Snyder depo and discuss with co-counsel. Prepare strategy e-mail for Carmona issues for co-counsel. Attend depo of Gene Robison.

4 500 1 $2,000 600

$2,4005/9/2013 SWA Email from BTC re: response. 0.1 500 1 $50 600 $60

5/10/2013 BTC continue analyzing defs' discovery documents; continue preparing for deposititions; finalize and file response to defs suppl and orig mot for clarification as to mot for prot order and sanctions vs SMC; finalize exhibits to SMC decl re same; strategy with CMF, SWA, MJP, and SMC re same; finalze and file opp to mot to quash depo of Carmona

10.3 300 1 $3,090 350

$3,6055/10/2013 CMF review draft response to motion for sanctions against SMC; confer with team;

redline comments to draft response; review draft response to motion to quash Carmona deposition; offer comments to same

4.5 500 1 $2,250 600

$2,7005/10/2013 SWA Confer with BTC, MJP, CMF and SMC re: response to motion for protective order

and for sanctions; review draft response to defendants' motion to quash and confer with BTC re: same;

3.5 500 1 $1,750 600

$2,1005/13/2013 BTC Strategy re Dwitt depo; continue analyzing discovery documents; continue

preparing for other depos8.5 300 1 $2,550 350

$2,975


5/14/2013 BTC Review transcripts of taken depos; strategy re same; continue analyzing defendants' discovery documents; prepare questions and materials for depos including Swagerty; review order denying defs mot for prot order and for sanctions; review order denying our emerg mot to depose Carmona

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$2,6955/14/2013 CMF Review order denying motion for sanctions; 0.1 500 1 $50 600 $605/15/2013 BTC Strategy re Swagerty depo; continue analyzing discovery production; continue

work on mot for leave to add named defs6.6 300 1 $1,980 350

$2,3105/15/2013 MJP Review BC's list of misreps and draft requests for reports. Suggest strategy for

stipulating authenticity.1.25 500 1 $625 600

$7505/16/2013 BTC Continue analyzing defs voluminous discovery production; strategy re same;

strategy re future 30b6 depos and docs to be authenticated and issues for depo; finalize and file prop order denying defs emerg mot to quash depo of Carmona and prot

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$2,8705/17/2013 BTC Continue analyze defs disco responses and docs for Rule 30b6 depos; strategy re

same7.9 300 1 $2,370 350

$2,7655/18/2013 MJP Review corres. Btwn SC and MH re: depo and discovery deadlines. 0.25 500 0 $0 600 $05/20/2013 BTC continue analyzing defs discovery docs and responses; prepare for Rule 30b6

depos; research re same; disc with team re o/c meet and confer re mot to add part defes Coldan and BGCI, Barbara Witt and others; research re same; edit and suppl mot for leave to add these defendants; finalize and file same

8.6 300 1 $2,580 350

$3,0105/21/2013 BTC Continue analyzing defs' discovery documents; continue preparing for Rule30b6

depositions; reivew order denying our mot to file amended compl adding new defs but granting our motion to dismiss certain defs

10 300 1 $3,000 350

$3,5005/22/2013 BTC Travel to Dallas for Rule 30b6 depos; continue preparing for same 13 300 1 $3,900 350 $4,5505/22/2013 MJP Review BC stipulation negotiations, AK and SC comments on potential 3AC, Hurst

response, and court's order on amendment. Discuss with co-counsel SC's late night e-mail to Carmona.

1.5 500 1 $750 600

$9005/23/2013 BTC Participate at Rule 30b6 depositions of Stream personnel; strategy re same; 12.6 300 1 $3,780 350

$4,4105/24/2013 BTC Travel back from Rule 30b6 depos; analyze defendants' confidentiality

designations for depositions of Hedge, Lucia, and Stout; strategy re same; continue analyzing defs' discovery documents;

6.8 300 1 $2,040 350

$2,3805/24/2013 MJP Gather materials for jury charge, discuss with AK. Review defs confidentiality

designations.2.5 500 1 $1,250 600

$1,5005/27/2013 BTC Continue analyzing defs voluminous discovery docs; strategy re same 7.8 300 1 $2,340 350 $2,7305/28/2013 BTC Continue analyzing defs discovery responses and production; strategy re same 5.2 300 1 $1,560 350

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5/28/2013 MJP Prepare list of topics to cover RICO elements. Review AK's expert topic list. 2 500 1 $1,000 600$1,200

5/29/2013 BTC Review letter from Akochanowski to DPI attorney Craig Harris re status of DPI's production of reports in response to Plaintiffs' discovery

0.7 300 1 $210 350$245

5/29/2013 MJP Revise expert topic list, Discuss with AK and review final list. 0.75 500 1 $375 600 $4505/30/2013 BTC Analyze defendants' confidentiality designations for depositions of Christopher

Domhoff, Darryl Smith, and Robert Snyder; review letter from oc re same; continue analyzing defs' discovery documents;

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$2,7305/31/2013 BTC Continue analyzing defs discovery documents; strategy re same 6.2 300 1 $1,860 350 $2,170

6/3/2013 BTC Continue analyzing defs discovery documents; continue drafting ideas for class cert and MSJ motions

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6/4/2013 BTC continue analyzing defs depo transcripts and discovery docs 4.3 300 1 $1,290 350 $1,5056/5/2013 BTC Analyze defendants' confidentiality designations for depositions of Swagerty and

Doug Witt; strategy with SMC re same; continue review of defs discovery docs; strategy re motions

4.9 300 1 $1,470 350

$1,7156/6/2013 BTC Continue analyzing and reviewing defs discovery docs 4.4 300 1 $1,320 350 $1,5406/6/2013 CMF Review emails to/from team regarding case strategy; confer with team regarding

same.0.2 500 0 $0 600

$06/6/2013 SWA Emails to/from Torres Team re: case strategy; Meet with MJP, CMF and AK re:

same.4 500 1 $2,000 600

$2,4006/7/2013 BTC contin analyz defs disc docs 2.2 300 1 $660 350 $7706/7/2013 MJP Review JG concern about conf. info. To experts. Discuss same and reply with co-

counsel. TC with AK re: damages expert opinion.0.5 500 1 $250 600

$3006/7/2013 SWA Conference call with Torres Team re: case strategy; emails re: same. 1 500 1 $500 600 $6006/8/2013 SWA Email from MJP re: experts. 0.2 500 1 $100 600 $120

6/10/2013 BTC Continue analyzing and reviewing defs discovery docs 2.6 300 1 $780 350 $9106/11/2013 BTC Continue analyzing defs discovery docs; review deposition summaries from TE;

strategy with MJP and JB re same5.6 300 1 $1,680 350

$1,9606/11/2013 SWA Emails to/from AK re: case expenses. 0.2 500 0 $0 600 $06/11/2013 SWA Emails re: restated fee agreement and case expense allocation. 0.5 500 0 $0 600 $06/12/2013 BTC Continue analyzing and reviewing defs discovery docs; prepare legal memo to

MJP, AK, JB and team re defs' collected confidentiality and clawback designations4.9 300 1 $1,470 350

$1,7156/13/2013 BTC Continue analyzing defs discovery docs 3.9 300 1 $1,170 350 $1,3656/14/2013 BTC Continue analyzing def disco docs 2.7 300 1 $810 350 $9456/17/2013 BTC continue analyzing discovery; analyze pltfs discovery responses; strategy with

team re same3.3 300 1 $990 350

$1,1556/17/2013 MJP Review updated list of def. conf. designations. TC with AK re: PT report. 0.5 500 1 $250 600 $300


6/18/2013 BTC continue analyzing discovery docs 1.9 300 1 $570 350 $6656/18/2013 MJP TC with Fitzpatrick. Thoroough review of PT report and Stream data file. Report

to co-counsel.3.25 500 1 $1,625 600

$1,9506/19/2013 BTC Edit and supplement plaintiffs' initial disclosures; continue analyzing discovery

docs4.6 300 1 $1,380 350

$1,6106/19/2013 MJP AK update on PT report. 0.25 500 0 $0 600 $06/20/2013 BTC Review discovery responses and objections for both sides; strategy with team re

experts; review defs produced docs5.2 300 1 $1,560 350

$1,8206/20/2013 CMF Review emails concerning expert reports; review defs production docs 0.5 500 0 $0 600 $06/20/2013 MJP Review updated PT report. Share comments and revisions with co-counsel. 2.5 500 1 $1,250 600

$1,5006/20/2013 SWA Emails re: PM expert report 0.1 500 0 $0 600 $06/21/2013 BTC Letter from oc objecting to Plaintiffs' supplement to Initial Disclosures listing

witnesses; Analyze Paul Taylor expert report with attachment; Letter from Akochanowski re same

8.2 300 1 $2,460 350

$2,8706/21/2013 CMF Review Taylor expert report 0.3 500 1 $150 600 $1806/21/2013 MJP Review defs. Objections to witness designations. Discuss PT report with AK. 0.5 500 1 $250 600

$3006/21/2013 SWA Brief review Taylor expert report. 0.4 500 1 $200 600 $2406/24/2013 BTC cont analyzing discovery docs 2.3 300 1 $690 350 $8056/25/2013 BTC continue analyzing discovery docs 2.5 300 1 $750 350 $8756/26/2013 BTC Continue analyzing discovery docs 2.2 300 1 $660 350 $7706/27/2013 BTC Analyze discovery docs 1.9 300 1 $570 350 $6656/28/2013 BTC Cont analyzing discovery docs 1.5 300 1 $450 350 $5256/30/2013 BTC Email memorandum from SMC to team re class certification hearing and conflict

with due date for class certification motion and due date for defendants expert reports, as well as strategy for class certification hearing

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$1406/30/2013 CMF Review email from SMC to team regarding class cert and strategy for class

certification hearing; follow up emails regarding same0.3 500 1 $150 600

$1806/30/2013 SWA Email from SMC re: proposed course of action, case stratgey, etc.; numerous

follow-up emails re: same.0.5 500 1 $250 600

$3007/1/2013 BTC Email from oc re list of items demanded from plaintiff expert, Taylor; Strategy with

team re same; Strategy with team re expert depositions and expert disclosures and possible settlement talks; review documents in Summation; continue preparing for future depos; research Bridge and other cases

8.8 300 1 $2,640 350

$3,080


7/1/2013 MJP Discuss settlement with co-counsel. Review demands from JG on PT report and discuss with AK.

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7/2/2013 BTC Strategy with team re response to defendants' demand for additional information from expert Paul Taylor; continue research; continue analyzing defs docs and disco responses; strategy with SMC re same

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$2,1707/3/2013 BTC Email from oc reiterating demand for additional materials from expert paul taylor

and threatening motion to compel; Strategy with team re same and response; Strategy memo from SMC to team re draft response; Strategy memo from Akochanowski re same; Emails between SMC and AK debating proposed response; Review SMC's lengthy response to opposing counsel re defendants' demand for additional information and documents from plaintiffs' expert JohnTaylor; continue analyzing defs discovery docs for motions etc; strategy re defending depo of Paul Taylor

5.3 300 1 $1,590 350

$1,8557/3/2013 MJP Review demand from JG for info for defs expert report; discuss with co-counsel.

Review and revise SC response. Several e-mails re: same and re: AK/SC issues.1.25 500 1 $625 600

$7507/5/2013 BTC Email from opposing counsel re meet and confer on expert depositions and expert

reports; Email from SMC to oc re same; Email from SMC to oc re expert reports and amended schedule to propose to the court re class cert issues

1.2 300 1 $360 350

$4207/5/2013 MJP Review JG's proposals to modify schedule. TC with AK re: same and e-mail to SC.

Prepare e-mail for SC to send to JG.1.5 500 1 $750 600

$9007/8/2013 BTC Email from SMC to oc re information defendants requested for expert John Taylor;

Oc email to SMC re same and proposed alterntative schedule for experts and class certification; Email from oc to SMC re meet and confer; Review SMC interlineated response to oc's proposed alternative schedule; SMC email to oc re meet and confer call; Review Akochanowski email discussing strategy re defendants' proposed alternative schedule; Emails to and from Plante Moran re report backup requested by opposing counsel; continue reviewing defs discovery prod for use in class cert and MSJ motions

7.8 300 1 $2,340 350

$2,7307/9/2013 BTC Email from Econforti of Plante Moran re back up information requested by

defendants; Email from AK re discs of supporting information for defendants and Paul Taylor deposition availability and expert strategy; Email from opposing counsel re conference call on expert discovery issues; Emails among SMC, AK and team re SMC's settlement discussions with defendants and settlement strategy planning; continue analyzing discovery docs for motions

6.8 300 1 $2,040 350

$2,3807/10/2013 BTC Emails among team re discovery planning and strategy with defendants 0.4 300 1 $120 350 $1407/10/2013 CMF Confer with team regarding discovery and settlement strategies 0.5 500 0 $0 600 $0


7/10/2013 SWA Review emails to/from Torres Team re: settlement issues. 0.3 500 0 $0 600 $07/11/2013 BTC Emails among team re expert strategy and deposition schedule planning with

defendants; Emails among team re team strategy phone conference on 7/12; Emails among team re discovery planning; Review defendants' proposed agreed motion to extend deadlines and proposed order; Emails between SMC and oc re same and deposition scheduling; Prepare email memorandum re same but alerting team to self-serving language in defendants' proposed agreed motion; Email to CF and SWA re same and strategy; analyze docs for motions

8.3 300 1 $2,490 350

$2,9057/11/2013 CMF Review emails with team regarding expert strategy and deposition schedule;

review defendants' proposed agreed motion to extend deadlines and proposed order; emails between SMC and defense counsel regarding same and deposition scheduling; email from BTC regarding same and strategy; analyze docs for motions

0.3 500 1 $150 600

$1807/11/2013 MJP Review updates from PM on database. Review draft motion to chance schedule. 0.25 500 0 $0 600

$07/11/2013 SWA Review email from BTC re: scheduling and agreed motion. 0.2 500 0 $0 600 $07/12/2013 BTC Edit and supplement draft motion for scheduling order; Emails among team re

same and strategy meeting; Email from SMC to oc attaching plaintiffs' proposed edits to motion for scheduling order; Strategy email memorandum re settlement and mediation references in email to oc; Email memorandum from SMC to team re same and mediation strategy; continue analyzing docs for motions and case strategy

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$2,4157/12/2013 CMF Conference call with team regarding schedule and reports 0.3 500 0 $0 600 $07/12/2013 SWA Conference call with Torres Team; emails re: proposed/agreed scheduling order;

email re: PM report.0.5 500 0 $0 600

$07/13/2013 BTC Analyze emails among team re Lance Young and class action strategy 0.8 300 1 $240 350 $2807/13/2013 MJP TC with defs. On settlement. Discuss with co-counsel. 0.5 500 1 $250 600 $3007/14/2013 MJP E-mail from SC on co-counsel. Discuss SC deteriorating condition with CF and SA.

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$07/15/2013 BTC Review Agreed mot for extension of deadlines filed po o/c and prop order;

strategy re same; review emails among team re Lance Young's participation and strategy; review rog verifications; review SMC's draft class cert briefing; strategy with SMC, MJP, SWA, CMF, re same; edit and supplement pleadings re same

9 300 1 $2,700 350

$3,150


7/15/2013 CMF Review motion for extension of deadlines and proposed order; Discuss strategy with team; review emails among team re Lance Young's participation and strategy; review SMC's draft class cert briefing; strategy with SMC, MJP, SWA, BTC regarding same

2.3 500 1 $1,150 600

$1,3807/15/2013 MJP Review response from AK and attempted response from SC. E-mails between SC

and JB on schedule. Review agreed motion for extension on schedule.0.25 500 0 $0 600

$07/15/2013 SWA Review emails from SMC and AK re: counsel; review draft class certification

briefing; confer with SMC, MJP, CMF, and BTC re: same.2.5 500 1 $1,250 600

$1,5007/16/2013 MJP Discuss SC's accusations against LY with SC. Discuss settlement parameters with

SC and JB.0.25 500 0 $0 600

$07/17/2013 BTC Research re jury charges on RICO class actions; strategy with MJP and SMC re

same; email memorandum re same; research and collect all of defs' many piecemeal confidentiality designations for depos and answers; email legal memorandum re same; emails with JB re fee agreements and client signatures; strategy with SWA re SMC's emails on Lance Young, case strategy and fee agreements; edit and suppl briefing

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$1,9257/17/2013 MJP Discuss LY appearance with SC. Review past jury charges. 1 500 1 $500 600 $6007/17/2013 SWA Confer with BTC re case strategy, fee agreements and co-counsel; review fee

agreements.1 500 1 $500 600

$6007/22/2013 MJP Review orders on extensions. 0.25 500 0 $0 600 $07/22/2013 SWA Review court's order re: case schedule. 0.1 500 0 $0 600 $07/23/2013 BTC Continue researching and drafting for class cert brief; email memo to MJP with

draft notes re same and strategy; 2.9 300 1 $870 350

$1,0157/25/2013 BTC Strategy with CMF and SWA re class action certification brief and strategy;

continue drafting and researching same; strategy with JJ re defs suppl discovery docs recd in June and strategy; review and analyze same; edit and suppl briefing

6.6 300 1 $1,980 350

$2,3107/25/2013 CMF Confer with BTC and SWA regarding class action certification brief and strategy;

emails regarding same and settlement strategy; 3 500 1 $1,500 600

$1,8007/25/2013 MJP Discuss settlement parameters to change Stream business with SA. Review

response from JG and discuss with SC.0.25 500 1 $125 600

$1507/25/2013 SWA Confer with CMF and BTC re: certification briefing and strategy; emails regarding

settlement strategy; review draft brief.2.5 500 1 $1,250 600

$1,5007/26/2013 BTC Attend call among team re case strategy; analyze AK's draft class cert brief;

strategy with SWA and CMF re same; review and suppl deposition summaries; strategy with MJP and SMC re same; strategy with SMC and JJ re excerpting and reviewing depos in Summation for briefing; emails to and from FRL Texas re depo transcripts and exhibits for briefing;

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$2,555


7/26/2013 CMF Attend conference call among team regarding strategy; review AK's draft class cert brief; strategy with SWA and BTC regarding same.

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7/26/2013 SWA Review revisions to certifcation briefing; confer with CMF and BTC re: same. 2.5 500 1 $1,250 600$1,500

7/31/2013 MJP Review draft class cert brief from AK and comments from JB, plus comments on MSJ and settlement.

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8/1/2013 BTC Strategy with MJP re additional depo summaries; begin summarizing same; continue analyzing docs and depos in Summation; strategy with MJP re same;

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$1,9608/1/2013 MJP Coordinate depo summary process among co-counsel. Prepare schedules on

same.0.5 500 1 $250 600

$3008/1/2013 SWA Review email re: document database. 0.1 500 0 $0 600 $08/2/2013 BTC Legal memo to SMC and MJP re analysis of depos; strategy with MJP re defs

confidentiality designations and clawback designations; strategy with MJP re JB's offer to have student intern help prepare for hearings and expert depos; continue analyzing depos and expert reports and discovery docs for motions and expert depos

6.5 300 1 $1,950 350

$2,2758/5/2013 BTC Review defs witness list; continue analyzing depos, docs, reports, and exhibits for

motions and expert depos4.2 300 1 $1,260 350

$1,4708/5/2013 CMF Review defs witness list; begin review of expert reports, and exhibits for motions

and expert depos4.5 500 1 $2,250 600

$2,7008/6/2013 BTC Research defense expert Coughlan's writings, past depos, past expert

reports;prepare email memorandum for team re research findings on Coughlan6.2 300 1 $1,860 350

$2,1708/6/2013 CMF Review numerous emails among team regarding strategy and other issues;

continue review of expert reports and confer regarding same with team.1.5 500 1 $750 600

$9008/6/2013 MJP Review BC summary of Coughlan bg. Review Coughlan rebuttal report and reports

from Carmona and Mariano. Discuss with co-counsel. Discuss settlement approach with co-counsel. E-mail from SC accusing AK becaue he keeps time records.s

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$2,1008/6/2013 SWA Review numerous emails from Torres Team re: settlement discussions; continue

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$1,8008/7/2013 BTC Review email memoranda from AK and SMC re calls from oc on settlement, expert

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$2,870


8/7/2013 CMF Review email memoranda from AK and SMC regarding settlement, expert depos, and case status; Confer with BTC regarding same.

1 500 1 $500 600$600

8/7/2013 MJP Discuss SC inflamatory e-mails with SA and CF. Lengthy e-mail to SC re: same. Report from AK on settlement discussions and SC comments on same.

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$1,3508/8/2013 BTC Begin summarizing Chris Domhoff deposition; research academic publications for

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$1,4008/8/2013 MJP Multiple e-mails with co-counsel re: settlement strategy and case preparation.

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$3008/12/2013 BTC Prepare email memorandum to team re Doug Witt depo and Ann Coughlan

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$2,9058/13/2013 BTC Continue summarizing Doug Witt deposition and revise C Domhoff deposition

summary;prepare email memoranda to co-counsel re Doug Witt deposition and report of defense expert Coughlan; email from AK to oc re Alan D Nelson report referenced in footnote of Couglan's report; strategy with SMC re same; email to AK re same and depo of Witt; email to JB re Doug Witt depo and case strategy; email from SMC to oc re Carmona depo; email to AK, LY, TE re same

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$2,8358/13/2013 MJP Review Witt and Domhoff depo summaries. 0.75 500 1 $375 600 $4508/14/2013 BTC Continue summarizing Torres and Robison depos; email to MJP and SMC re same;

review emails among MJP and o/c re Mariano deposition; email with LY, TE, and JB re same; meet with AB re subpoenas; strategy with MJP re same; research docs and issues for Mariano depo; email legal res memos to MJP re same and attaching potential exhibit docs;

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$3,0108/14/2013 MJP Ask JG and MH to confirm Mariano depo date and produce his file in advance.

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$1,8008/15/2013 BTC Prepare notice of deposition for Mariano; review email from AB to oc re same;

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$2,5208/16/2013 BTC Continue summarizing Torres depo; emails with AK, LY, TE, JB re same; review def

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6.3 300 1 $1,890 350

$2,2058/16/2013 MJP Discuss AC depo notice with DW and review same. Thorough review of AC initial

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4.5 500 1 $2,250 600

$2,700


8/19/2013 BTC Strategy with MJP and team re Torres depo; continue summarizing depos; review discovery production and expert reports and exhibits for motions and expert depos;

5.1 300 1 $1,530 350

$1,7858/19/2013 MJP Arrange to attend Dallas depos. 0.25 500 0 $0 600 $08/20/2013 BTC Continue preparing for depos of Carmona and Taylor; strategy with SMC re same;

research re same; email legal research memos to TE based on review of Coughlan report and discovery docs for potential issue to address at her deposition;

6.2 300 1 $1,860 350

$2,1708/20/2013 MJP Revisew Robison depo summary. Discuss depo logistics with AK and DW. 0.25 500 1 $125 600

$1508/20/2013 SWA Email from SMC to opposing counsel and notice of deposition with subpoena;

emails regarding document database.0.5 500 1 $250 600

$3008/21/2013 BTC Continue preparing for depos of Carmona (and assist with docs and issues for

Taylor); strategy with SMC re Carmona research re same; strategy with SWA re SMC and o/c's arguments on criminal statutes and Carmona

6.1 300 1 $1,830 350

$2,1358/21/2013 CMF Review emails from team regarding Carmona; review BTC's summary of research

on experts opining on legal issues0.5 500 0 $0 600

$08/21/2013 MJP Prepare for Mariano deposition. Discuss Carmona depo with SC. 3 500 1 $1,500 600 $1,8008/21/2013 SWA Review emails from AK and BTC; review case law memo/case excerpts circulated

by BTC re: experts; confer with BTC re: SMC and Carmona issues.1.5 500 1 $750 600

$9008/22/2013 BTC Strategy with SMC re depo of Carmona; research and review docs and expert

reports and exhibits for Taylor; calls with SMC re Carmona; monitor Carmona depo; email SMC and MJP with mulitple questions for Carmona after lunch break;

7.1 300 1 $2,130 350

$2,4858/22/2013 MJP Attend deposition of Paul Carmona telephonically. Discuss with co-counsel. 6 500 1 $3,000 600

$3,6008/23/2013 BTC Emails with team re depo of Paul Taylor; begin preparing docs for depos of

Mariano and Coughlan; emails with TE re strategy on documents etc for Coughlan; prepare docs for Mariano depo

8 300 1 $2,400 350

$2,8008/23/2013 MJP Attend deposition of Paul Taylor by internet. Discuss with co-counsel. Continue

preparation for Mariano deposition7 500 1 $3,500 600

$4,2008/26/2013 BTC emails with DW and TE re deposition exhibits for class cert and MSJ briefing;

emails with TE re depo exhibits re Snyder; collect and analyze all defendant income disclosures from docs they have produced; prepare email memorandum analyzing same and Snyder's implication he had a previous relationship with Carmona; email memo to SMC re exhibits for depos; emails with team re progress on Coughlan depo; strategy with MJP re Mariano depo

8.1 300 1 $2,430 350

$2,835


8/26/2013 MJP Travel to Dallas; attend deposition of A. Coughlan; finalize prep for J. Mariano 12 500 1 $6,000 600$7,200

8/27/2013 BTC Strategy with MJP re Mariano depo; monitor Mariano depo; emails with JB re Mariano and questions; draft legal res memo to MJP with additional questions for Mariano in light of his testimony; emails with MJP re same; emails with AK re briefing on class cert and MSJ; continue preparing depo summaries; email to AK re same; emails to JB re Carmona depo draft; emails with MJP re finishing class cert briefing in Detroit

7.6 300 1 $2,280 350

$2,6608/27/2013 MJP Depose J. Mariano; return to Houston 11 500 1 $5,500 600 $6,6008/28/2013 BTC emails among team re BTC travel to Detroit for class cert briefing; emails from JB

to team and among same re team call on depos, settlement discussions, and case strategy; email to FRL Texas re copy of Mariano expert report; emails with AK re summarizing Lucia, Hedge, and Stout depos; continue summarizing same; update and email Hedge depo summary;

6.8 300 1 $2,040 350

$2,3808/28/2013 MJP Discuss suport for class cert brief with co-counsel. Discuss rebuttal report with

SC. Discuss with AK and JB.0.75 500 1 $375 600

$4508/28/2013 SWA Emails from MJP re: status of certifcation brief. 0.3 500 1 $150 600 $1808/29/2013 BTC continue summarizing depos; analyze defendants' docs, expert reports and

exhibits and depo exhibits for briefing5.8 300 1 $1,740 350

$2,0308/29/2013 MJP RR notice of resetting 116 and discuss with co-counsel. 0.25 500 0 $0 600 $08/30/2013 BTC Team call re expert depos and case strategy; continue working on depo

summaries; email depo summary to team; emails with TE re strategy and documents for briefing; contnue summarizing depos; continue working on briefing

7.1 300 1 $2,130 350

$2,4858/30/2013 CMF attend conference call with team 1.5 500 1 $750 600 $9008/30/2013 MJP Attend attorney team call. Discuss SC intoxication with co-counsel. Review e-

mails to SC re: his work on case while intoxicated. Review Hedge depo summary. Prepare L. Stout depo summary.

3.5 500 1 $1,750 600

$2,1008/30/2013 SWA Attend conference call with Torres Team. 1.5 500 0 $0 600 $0

9/2/2013 BTC continue preparing deposition summaries; continue reviewing defs docs for briefing; continue preparing portions of briefing; research re same

6.6 300 1 $1,980 350$2,310

9/2/2013 MJP Review defendants' spreadsheets to Wilson and Wilson's discovery suggestions. Review SC's draft aggressive e-mail to AK and discuss with SC. Final version of L.Stout summary to co-counsel.

2 500 1 $1,000 600

$1,2009/2/2013 SWA Review emails to/from MJP and SMC re: co-counsel arrangements; brief revew of

email and materials sent by SMC.0.5 500 1 $250 600

$300


9/3/2013 BTC continue preparing deposition summaries; email with team re 30b6 depo summary Hornbaker; continue reviewing defs docs for briefing; continue preparing portions of briefing; research re same

7.6 300 1 $2,280 350

$2,6609/3/2013 MJP Review D. Anderson and Hornbaker summary. 0.5 500 1 $250 600 $3009/4/2013 BTC continue preparing deposition summaries; email with team re Smith 30b6 depo

summary; continue reviewing defs docs for briefing; continue preparing portions of briefing; research re same; emails with attorney for DPI re defs records; strategy with AK, SMC, TE, and MP re same; emails with FRL re preparation of tabbed rapid reaction notebook of hot docs and depo exhibits; strategy with team re same; vm to oc re joint stip allowing both sides over-length cert briefing

8 300 1 $2,400 350

$2,8009/4/2013 MJP Review Smith summary. Discuss MSJs with co-counsel. 0.5 500 1 $250 600 $3009/5/2013 BTC continue preparing deposition summaries; continue reviewing defs docs for

briefing; continue preparing portions of briefing; research re same; emails with o/c re jnt stip each side 50 pages for cert brief; strategy with team re same; review and collect video clips for AK and DW; email from AK re adequacy affidavit; strategy with MJP and SMC re same; email to o/c re over-length briefs stip; email from o/c re same; straegy with AK, SMC, MP, JP and TE re same; t/c with SDTX clerk re filing CD of physical files as appendix; email to AK, DW, TE re same; prepare draft mot for over-length brief and mot to shorten time; prepare email to AK, DW, and CT re USB with videos TRINTERNET000001- et seq.; emails to and from o/c re their opposition to motion; finalize and file motions and supporting pleadings

9.2 300 1 $2,760 350

$3,2209/5/2013 MJP Review draft motion and order for longer brief, defs response, and re-draft.

Discuss call with court on same with co-counsel. Review AK draft of RICO arguments. Comment on emergency nature.

2 500 1 $1,000 600

$1,2009/6/2013 BTC continue preparing deposition summaries; continue reviewing defs docs for

briefing; continue preparing portions of briefing; research re same; email with team re mot to shorten time and call with court clerk; emails with FRL Texas, MJP, and SMC re transcripts and exhibits for depos of Mariano, Coughlan, and Carmona;

8.1 300 1 $2,430 350

$2,8359/6/2013 MJP SC strategy on handling page limitations. BC report on court's contact on same.

Prepare B. Lucia depo summary. Initial review of new class cert brief, MSJ bief, and AK affidavit.

3.75 500 1 $1,875 600

$2,2509/6/2013 SWA Email re: document database. 0.1 500 0 $0 600 $09/7/2013 MJP Review draft SC declaration and old cert briefing forms. Review SC points on

Carmona.0.25 500 1 $125 600

$1509/8/2013 BTC Travel to Detroit to meet with team to complete class cert and MSJ briefing;

review draft class cert brief draft from AK; 10 300 1 $3,000 350

$3,500


9/8/2013 MJP Review and revise newest version of draft class cert brief. 4 500 1 $2,000 600 $2,4009/9/2013 BTC Work with AK, TE, and DW re class cert briefing; emails with SMC re def docs 11 300 1 $3,300 350

$3,8509/9/2013 CMF emails to/from MJP and SWA regarding conference call 0.2 500 1 $100 600 $1209/9/2013 MJP Complete review and revision of draft class cert brief. CC with litigation team re:

same. Review and revise declaration of SMC.3.5 500 1 $1,750 600

$2,1009/9/2013 SWA Emails to/from MJP and CMF re: status of call and pre conference call. 0.2 500 0 $0 600 $0

9/10/2013 BTC continue working on class cert and MSJ briefing; research for same; select def disco docs for same; emails re same; email memo to AK and DW re initially produced Stream red box docs; email with SWA and CMF re strategy on firm resume and attorney profiles and affidavits for class cert briefing, and discussions with SMC re strategy for same; email memo to AK re def disco docs for briefing; emails with MJP re strategy on affidavits for briefing; call with MJP, JB, TE, SMC, AK re class briefing and strategy; work with TE on spreadsheets of evidence for various witnesses; strategy with TE and AK re same;

12.5 300 1 $3,750 350

$4,3759/10/2013 CMF Continue review of class cert and MSJ briefing; review draft decalarations for SMC

and MJP and offer comments to same; email with SWA and BTC regarding firm resume and attorney profiles; review emails regarding defendants' discovery.

4.5 500 1 $2,250 600

$2,7009/10/2013 MJP Begin review of new class cer brief. Draft declaration of MJP. CC with litigatin

team re: same.2.5 500 1 $1,250 600

$1,5009/10/2013 SWA Emails to/from BTC and CMF re strategy on certification briefing exhibits; review

certification brief prepared by AK.2.5 500 1 $1,250 600

$1,5009/11/2013 BTC continue working on briefing, researching produced evidence for same; continue

working on firm info and affidavits for same; strategy with MJP, SWA, CMF, JB, and SMC re firm profiles and affidavits for class cert briefing; strategy with SWA re affidavits and firm info for class cert briefing; travel to Houston to continue finalizing class cert and MSJ briefing

12.5 300 1 $3,750 350

$4,3759/11/2013 CMF Numerous emails to/from team regarding attorney declarations; confer with BTC,

SWA, JB, and SMC re firm profiles and affidavits for to submit with certification briefing;

2 500 1 $1,000 600

$1,2009/11/2013 MJP review declarations of Robison and Burnett. Finalize MJP declaration. Review and

revise AK declaration and draft trial plan; discuss with co-counsel. Discuss with co-counsel issue of declarations in support of adequacy.

2 500 1 $1,000 600

$1,200


9/11/2013 SWA Review numerous emails with Torres Team and attachment regarding attorney declarations; confer with BTC, CMF, JB, and SMC re firm profiles and affidavits for to submit with certification briefing; confer with BTC re: same; emails re: case billings, lodestar analysis, etc.

1.5 500 1 $750 600

$9009/12/2013 BTC edit and suppl clearman decl based on team edits and suggestions; strategy with

SMC re same; edit and supplement class cert briefing and selection of exhibits; work with SWA on affidavits for briefing; research requirements to file physical docs under seal at SDTX; strategy with team re same; review and edit chart of misrepresentations for class certification briefing; strategy re edits and suppl to misrep chart; strategy with SWA and CMF re declarations for class cert briefing; strategy with TW re TRE affidavit and charts; strategy with JB re same; strategy with MJP, SMC, JB, SWA, and CMF re same;

12.4 300 1 $3,720 350

$4,3409/12/2013 CMF Additional review of draft declarations; draft proposed revisions to same; review

AK's memo and draft MSJ; emails to team regarding same1.5 500 1 $750 600

$9009/12/2013 MJP Review revisions of SC declaration. Review FRCP 1006 chart. 0.25 500 1 $125 600 $1509/12/2013 SWA Review emails with Torres Team and attachment regarding attorney declarations;

confer with and assist BTC with affidavits for certification briefing; confer with MJP, BTC, SMC, JB, and CMF re same; review FRCP 1006 table prepared by AK; review SMC declaration.

4.5 500 1 $2,250 600

$2,7009/13/2013 BTC Strategy and work with SWA and CMF re class cert briefing and affidavits; strategy

with JB re supplementing cert briefing; analyze and suppl Appx III index; work on other appendicies; strategy with AK and TE re same and supporting docs to be filed physically under seal; strategy discussions with SWA and CMF re same and ideas for supplementing briefing on same; strategy emails with MJP, AK, TE, SMC, and JB re same; finalize and hand-file class cert docs and appendicies; edit and suppl MSJ motion; multiple strategy meetings and emails with SWA and CMF re same; emails with AK, TE, JB, and MJP re same; emails with o/c re o/c's opposition to class cert motion; strategy emails with TE and AK re same and edits to same; strategy emails with MJP and SMC re same; prepare proposed order for same; finalize and file same; prepare email to o/c with dropbox link to Appx I-III and re FedEx of USB and hard drive materials copy of what was filed with court; emails with TE re same

14 300 1 $4,200 350

$4,9009/13/2013 CMF Strategy and work with SWA and BTC regarding class cert briefing and affidavits;

strategy discussions with SWA and BTC regarding ideas for supplementing briefing; review briefing.

3.5 500 1 $1,750 600

$2,1009/13/2013 MJP Make revisions to class cert brief. Make revisions to MSJ. Discuss with co-

counsel.5 500 1 $2,500 600

$3,000


9/13/2013 SWA Confer wtih and assist BTC and CMF with certification briefing and declarations; confer with BTC and CMF re: MSJ briefing and review emails from BTC re same.

4 500 1 $2,000 600

$2,4009/14/2013 BTC Emails with o/c re briefs filed under seal; strategy with MJP re case next steps 2.1 300 1 $630 350

$7359/16/2013 BTC review order from court terminating docket call deadlines; strategy with SWA and

CMF re implications and strategy in light of same; review emails among AK, o/c, SMC, and MJP re settlement; strategy with JB re same;

1.6 300 1 $480 350

$5609/16/2013 CMF review order from court terminating docket call deadlines; confer with SWA and

BTC regarding same; review emails among AK, opposing counsel, SMC, and MJP regarding settlement.

0.5 500 0 $0 600

$09/16/2013 SWA Emails regarding status of call with opposing counsel. 0.1 500 0 $0 600 $09/18/2013 BTC Call with Ct Clerk re Court's notice; email memorandum to team re same; prepare

email correspondence to oc re same; 1 300 1 $300 350

$3509/18/2013 MJP Discuss settlement strategy with co-counsel. RR court notice and discuss with co-

counsel.0.25 500 1 $125 600

$1509/18/2013 SWA Review emails re: settlement/mediation issues. 0.2 500 0 $0 600 $09/19/2013 BTC Strategy with SWA and CMF re team tc with oc on settlement and case strategy; 0.5 300 1 $150 350

$1759/19/2013 CMF Strategy with SWA and BTC regarding call with opposing counsel on settlement

and case strategy.0.5 500 0 $0 600

$09/19/2013 MJP Con call with co-counsel re: strategy. Call with JB re: SC impairment on call.

Discuss with SA and CF. Discuss with AK. Discuss removing SC as lead counsel.2.5 500 1 $1,250 600

$1,5009/19/2013 SWA Confer with BTC and CMF regarding settlement options and overall case strategy;

atttend phone conference with Torres Team in advance of call with counsel.0.5 500 1 $250 600

$3009/20/2013 MJP RR Sa suggestion for mediator and research on Judge Ward. 0.25 500 0 $0 600 $09/20/2013 SWA Research potential mediators; review cases associated with mediators. 2.5 500 1 $1,250 600 $1,5009/21/2013 SWA Review emails from staff re: file. 0.1 500 0 $0 600 $09/30/2013 MJP Reply brief and general strategy e-mail to SC and with JB. 0.25 500 1 $125 600 $15010/1/2013 BTC Strategy with SMC re depo summaries and approach for hearing; 0.2 300 1 $60 350 $7010/2/2013 BTC review email from o/c re def req for over-length brief on MSJ; strategy emails with

CMF and SWA re same; emails with AK, MJP, JB, TE, SMC re same; prepare draft opp and mot strike defs mot for leave to file MSJ in excess pages; strategy re same with SMC, MJP, JB, AK, TE.

6.3 300 1 $1,890 350

$2,20510/2/2013 CMF review email from opposing counsel regarding length of brief on MSJ; confer with

BTC and SWA re same.0.5 500 1 $250 600

$300


10/2/2013 MJP Discuss Stream's request for page limit extension on msj with co-counsel. 0.25 500 0 $0 600$0

10/2/2013 SWA Emails with with BTC and CMF re: opposition to defs motion. 0.3 500 1 $150 600 $18010/3/2013 BTC complete draft opp to anticipated motion on extra pages and strike leave; email

memorandum to SMC and CMF re same1.2 300 1 $360 350

$42010/3/2013 MJP Review and revise response to expected motion for page limit extension on msj.

Discuss with co-counsel.0.5 500 1 $250 600

$30010/3/2013 SWA Emails to/from Torres Team re: reply brief and other issues; emails from BTC re:

motions to strike and for leave; review draft opposition brief.1.25 500 1 $625 600

$75010/4/2013 BTC call from oc re meet and confer on opp mot to strike evidence in support of pltf

cert brief; strategy with AK, TE, MJP, JB, SMC, SWA, CMF re same; review def mot for leave to file over length MSJ and mot for leave to file over-length resp to pltfs class cert brief; finalize and file resp to def mot; review def MSJ filed under seal from o/c; review def mot to strike evid in support of pltf class cert briefing; review def resp to pltfs mot for class cert; review def resp to pltf MSJ; review def reply in support of mot for leave to file MSJ; analyze same; strategy with CMF and SWA re arguments against defs late MSJ;

8.1 300 1 $2,430 350

$2,83510/4/2013 CMF Confer with AK, MJP, JB, SMC, SWA and BTC regarding opposition brief; review

and research same; review motion to strike evidence; review response to certification brief; review def MSJ filed under seal; review def resp to pltf MSJ; review def reply in support of mot for leave to file MSJ; analyze same; discuss with BTC and SWA.

5.5 500 1 $2,750 600

$3,30010/4/2013 SWA Confer with AK, TE, MJP, JB, SMC, CMF and BTC re opposition brief; review MSJ;

review motion to strike evidence; review response to certification brief; confer with BTC and CMF defendants' MSJ; email from staff re: calendar entries.

3 500 1 $1,500 600

$1,80010/5/2013 BTC Strategy with MJP re defs motions; begin preparing oppositions to same; review

and select docs for use in same; continue drafting briefing in response to defs7.8 300 1 $2,340 350

$2,73010/5/2013 MJP Review defs motion for excess pages, motion for summary judgment, motion to

strike, response to msj, and response to class cert motion. Discuss SC e-mail to opposing counsel with JB.

3.75 500 1 $1,875 600

$2,25010/6/2013 BTC email from oc re supple discovery production; analyze same; emails with MJP, JB,

TE re same; review SMC thoughts on reply to defs opp to our class cert motion; strategy with SWA and CMF re same; continue working on oppositions to defs motions

7 300 1 $2,100 350

$2,45010/6/2013 CMF Confer with BTC and SWA regarding defendants' motions. 0.5 500 0 $0 600 $010/6/2013 SWA Confer with BTC and CMF regarding defense motions. 0.5 500 0 $0 600 $0


10/7/2013 BTC Email to o/c re docs defs produced by dropbox; emails among SMC, AK, TE, and JB re MSJ briefing; strategy emails and discussions with CMF and SWA re same; strategy with JB re defs motions; prepare legal email memo to SMC re defs motions and our responses; continue drafting same

6.7 300 1 $2,010 350

$2,34510/7/2013 CMF Confer with BTC and SWA regarding MSJ briefing; review SMC's reply brief; emails

to CMF and SWA regarding SMC brief.2.3 500 1 $1,150 600

$1,38010/7/2013 MJP Review and discuss with SA SCs inappropriate draft reply briefs. 0.5 500 1 $250 600 $30010/7/2013 SWA Confer with and review emails with BTC and CMF re: MSJ briefing; review SMC's

reply brief and emails to CMF and MJP re: same.2 500 1 $1,000 600

$1,20010/8/2013 BTC Research cases for responses and reply briefs to defs; prepare email legal memo

to SMC re Bridge and others; emails with JB re strategy on defs motions; continue drafting same

7.5 300 1 $2,250 350

$2,62510/9/2013 BTC research cases on class-wide reliance; prepare legal research memo re same;

emails with AK and team re same; email discussing strategy and possible motion to strike def MSJ in light of Rule 56(b) barring defs MSJ filed > 30 days after close of discovery; research same; emails with JB, AK, MJP, TE, SMC, SWA, CMF re same and strategy; strategy with team re class cert brief and other filings; work on same; email memorandum to AK and MJP re inferring class-wide reliance;

8.6 300 1 $2,580 350

$3,01010/9/2013 CMF Review emails with team regarding class-wide reliance; emails with team

regarding MSJs 1 500 1 $500 600

$60010/9/2013 MJP Research on class-wide reliance. Review securities fraud approach. 2 500 1 $1,000 600 $1,20010/9/2013 SWA Emails to/from Torres Team re: timeliness of MSJ and other issues. 0.3 500 1 $150 600 $180

10/10/2013 BTC Edit and supplement draft opps and replies in response to def briefing; strategy with team re same and division of labor between AK and SMC brief; review SMC email re briefing; strategy emails and discussions with SWA and CMF re briefing in response to defs filings and case strategy including case law re inferring class-wide reliance; call from Mother Jones reporter re their forthcoming story on MLMs and energy; email to MJP, SWA, CMF, AK, TE, JB, LY re same and strategy; prepare introductory overview language summarizing evidence for class cert reply; email to AK, MJP, JB, SMC, TE re same; review and edit MSJ reply; emails with AK, JP, JB, SMC, TE re same; strategy with SWA and CMF re MSJ edits reply;

7.9 300 1 $2,370 350

$2,76510/10/2013 CMF Review draft briefs in response to defendants pending motions/responses; confer

with and reveiw emails and with SWA and BTC regarding briefing in response to defendants' motions; confer with BTC and SWA regrding response brief.

3 500 1 $1,500 600

$1,80010/10/2013 MJP Review AK draft of cert reply brief and e-mails btn. SC and AK. JB comments on

same. Call with JB on same. Discuss with co-counsel. Review draft of reply to msj and co-counsel comments on same.

2.5 500 1 $1,250 600

$1,500


10/10/2013 SWA Review draft briefs in response to defendants pending motions/responses; confer with and reveiw emails and with CMF and BTC re briefing in response to defendants' filings and case strategy including case law re: inferring class-wide reliance; review email from BTC re: press inquiry; confer with BTCand CMF re: response brief.

3.5 500 1 $1,750 600

$2,10010/11/2013 BTC continue drafting responses and replies in light of defs briefing; strategy with

SWA, MJP, CMF, re same; review SMC proposed edits re same; 7.8 300 1 $2,340 350

$2,73010/11/2013 CMF Confer with MJP, BTC and SWA regarding briefing 1 500 1 $500 600 $60010/11/2013 MJP Revise class cert reply. Review comments from co-counsel on same. Review msj

reply.1.75 500 1 $875 600

$1,05010/11/2013 SWA Confer with MJP, CMF, and BTC re: draft briefs/responses. 1.5 500 1 $750 600 $90010/14/2013 BTC Emails with SMC re briefing; strategy with SWA and CMF re same; emails with

SWA, CMF, MJP, AK, re Mother Jones journalist and talking points re litigation; email from SMC announcing his earlier undisclosed call to journalist; case strategy discussions with SWA, CMF, and MJP; continue drafting opp and reply briefing and supporting affidavits and materials

8.1 300 1 $2,430 350

$2,83510/14/2013 CMF Confer with SWA and BTC regarding briefing; review emails from BTC regarding

press inquiry and response; confer with SWA, BTC and MJP regarding strategy. 1.8 500 1 $900 600

$1,08010/14/2013 SWA Confer with CMF and BTC re: Torres briefing; review emails from BTC re: press

inquiry and response; confer with CMF, BTC and MJP re: case strategy. 2 500 1 $1,000 600

$1,20010/15/2013 BTC strategy with team re class certification conference reply briefs; and response to

defendant's motion to strike; emails with TE re defs mot strike Rule 1006 summary and TE affidavit charts; research same; Continue drafting response to motion to strike and other pleadings; and response to defendants' MSJ; as wellas Joint Class Certification Order;

7.7 300 1 $2,310 350

$2,69510/16/2013 BTC Call from o/c re opposition to their expected motion to add affirmative defense of

arbitration; strategy re same;Continue drafting pleadings and preparing materials for class cert hearing; strategy with team re same

7.1 300 1 $2,130 350

$2,48510/16/2013 MJP Discuss with co-counsel defs defense of arbitration. 0.25 500 1 $125 600 $15010/16/2013 SWA Emails from BTC re: status/joint class certification order. 0.2 500 1 $100 600 $12010/17/2013 BTC Review memorandum from SMC; strategy with team re same; continue drafting

pleadings; research cases on waiver of affirmative defenses in prep for opposing o/c's motion to add affirmative defense; prepare email memorandum re same; strategy with team re motions; call with all team re same

8.2 300 1 $2,460 350

$2,87010/17/2013 MJP Mutiple e-mails with co-counsel re: SC impairment. Call with co-counsel re: same.

Call with JB re: removing SC as lead counsel.1 500 1 $500 600

$600


10/18/2013 BTC Continue reviewing defendants' discovery production for hearing and motion practice; emails with AK's office re same;Email memo to MJP re appendices and contents; email memo to AK's office re RFA answer chart and strategy; Email memorandum to AK's office re RFA answers by IA entities the defendants asked us to dismiss; Continue reviewing defendants' discovery production for hearing and motion practice; emails with AK's office re same;

8.9 300 1 $2,670 350

$3,11510/18/2013 MJP Discuss pre-cert order with co and defense counsel. Review available exhibits to

prepare same. Review RFA response chart. Revisions to class cert order.1.5 500 1 $750 600

$90010/19/2013 BTC Continue drafting opposition memorandum; continue preparing deposition

summaries8.1 300 1 $2,430 350

$2,83510/21/2013 BTC Revise draft joint certification order with proposed topics and proposed witness

and exhibit list; strategy with team re same; email memorandum re same; revise and supplement same; continue reviewing defendants' discovery production;

8.6 300 1 $2,580 350

$3,01010/21/2013 MJP Prepare revisions to precert order and dicuss with BC pre cert order and exhibit

list. Discuss cert hearing schedule and strategy with co-counsel.2 500 1 $1,000 600

$1,20010/22/2013 BTC Continue drafting response to motion to strike; email memorandum to team re

same; edit and suppl response; review defendants' production for hearing and possible use in motion; continue deposition summaries

8.8 300 1 $2,640 350

$3,08010/22/2013 MJP Review draft response to motion to strike and comments from co-counsel.

Prepare for call and TC with J.Guild to negotiate precert order.1.75 500 1 $875 600

$1,05010/23/2013 BTC Review memo from MJP re call with o/c re pre-cert brief and witnesses; Review

redline edits from Jburnett; incorporate same; strategy re same; Review court notice re time set aside for class certification hearing; continue deposition summaries; Email to AK's office re same; review defs' edits to joint pre-cert order; strategy with CMF and SWA re witness lists and strategy for class cert hearing and potential settlement strategy; finalize and file same

9.1 300 1 $2,730 350

$3,18510/23/2013 CMF Confer with BTC re: witness lists and strategy for class cert hearing and potential

settlement strategy; review final drafts of briefing.2 500 0 $0 600

$010/23/2013 MJP Report to co-counsel on precert order. Discuss with JB and AK. Discuss

settlement strategy with JB. E-mails with JG re: witness selection. Review defs. Revisions. Prepare final version of precert order.

2.75 500 1 $1,375 600

$1,65010/23/2013 SWA Confer with BTC and re: witness lists and strategy for class cert hearing and

potential settlement strategy; review final drafts of briefing.2 500 1 $1,000 600

$1,200


10/24/2013 BTC review email from o/c re defs claim to have omitted E Robison as witness from their witness list; review defs revised witness list; strategy with MJP, TE, JB, SMC, SWA, and CMF re same; continue drafint opps to defs mot strike; research same; emails to MJP, SMC, AK, TE, JB, CMF, and SWA re draft opp for same and strategy; review defs filed not intent call Eugene Robison at hearing

8.7 300 1 $2,610 350

$3,04510/24/2013 CMF review email from defendants regarding witness list; discuss strategy with team

regarding same; revie draft motions to strike; review emails regarding same.1.5 500 1 $750 600

$90010/24/2013 MJP RR notice to call E.Robison. RR draft response to MSJ and m strike. Revisions to

msj response.2 500 1 $1,000 600

$1,20010/24/2013 SWA Confer with Torres Team re: witness lists; review emails from BTC re: opposition

briefing; review witness lists. 1 500 1 $500 600

$60010/25/2013 BTC review draft mot to strike coughlan from AK and TE, edit and suppl same; strategy

re same with SWA and CMF; emails with D Ward re responses to defs MSJ and cert brief; emails with AK, JB, TE, MJP, and SMC re coughlan strike motion, including re CMF edits; strategy with SWA and CMF re resp to Defs MSJ; review emails between DW and oc re same; finalize and file opp to defs mot strike evidence on class cert, btc decl, and letter to court hand-filing discs with exhibits to caldwell decl in support; email to o/c re same;

11 300 1 $3,300 350

$3,85010/25/2013 CMF Review emails among team regarding motion to strike; confer with SWA and BTC

regarding same.0.5 500 1 $250 600

$30010/25/2013 MJP RR draft m strike Coughlan and final response to msj. Revise opposition to motion

to strike evidence.1.25 500 1 $625 600

$75010/25/2013 SWA Review numerous emails by and between Torres Team re: motion to strike; confer

with CMF and BTC re: draft motion to strike; 0.5 500 1 $250 600

$30010/28/2013 BTC review memo from SMC re Carmona; emails with JB, SWA, CMF, MJP re same;

emails with AK and TE re same; edit and suppl draft5 300 1 $1,500 350

$1,75010/28/2013 CMF Review emails among team regarding Carmona issues. 0.2 500 0 $0 600 $010/28/2013 MJP Review SC "thoughts" on Carmona. Discuss with co-counsel. E-mail to SC on

same. Discuss controlling SC damage from impairment. 1.5 500 1 $750 600

$90010/28/2013 SWA Emails from BTC re: Carmona issues. 0.2 500 0 $0 600 $0


10/29/2013 BTC continue editing and suppl same; review emails from SMC re his intentions to file motion; strategy with SWA and CMF re same; prepare email memo re edits to same and strategy re same; strategy re same with MJP, CMF, and SWA; email re same from AK; emails with AK re LY research and implications for our case; strategy with MJP, SMC, JB, SWA, and CMF re same; incorporate MJP edits to motion on Carmona; research coalition members filing MLM FTC petition; email memo to AK re same; strategy with SWA and CMF re same; emails with TE re Carmona motion and pleading preparation;

9 300 1 $2,700 350

$3,15010/29/2013 CMF Emails to/from MJP and SWA regarding status; strategy with BTC and SWA

regarding Clearman motion; confer with BTC MJP, and SWA re: same; strategy with SWA and BTC re motion.

2 500 1 $1,000 600

$1,20010/29/2013 MJP Review and revise BC's motion to exclude Carmona opinions. Review SC

accusations and discuss with JB. Discuss with AK.2.25 500 1 $1,125 600

$1,35010/29/2013 SWA Emails to/from MJP and CMF re: status; emails to/from co-counsel re: FTC/MLM;

strategy with BTC and CMF re Clearman motion; confer with BTC MJP, and CMF re: same; strategy with SWA and CMF re motion.

2.5 500 0 $0 600

$010/30/2013 BTC Review letter from clients re SMC forwarded by JB; emails with TE, SWA, CMF, re

same; strategy with MJP re same; review email from SMC re same re accomplishing client request; prepare notice of substitution of lead counsel in light of clients' letter and Scott's email; strategy with MJP, SWA, and CMF re same; continue drafting carmona motion; emails with TE re motion to strike Coughlan and harmonization with motion to strike Carmona; emails with JB, AK, TE, SWA, CMF re notice of sub of lead counsel in light of clients' ltr; finalize and file same; work on video clip designations

8.3 300 1 $2,490 350

$2,90510/30/2013 CMF Review letter from clients regarding SMC forwarded by JB; emails with TE, SWA

and BTC regarding same; discuss notice of substitution of lead counsel in light of clients' letter and SMC's email; strategy with MJP, SWA, and BTC re same; emails with JB, AK, TE, SWA and BTC re notice of sub of lead counsel in light of clients' ltr.

1.5 500 1 $750 600

$90010/30/2013 MJP Review letter from E.Robison re: removal of SC as lead counsel and RR sub. Notice.

Discuss with SC. Prepare schedule for class cert hearing. Notify defs of def witnesses needed at cert hearing.

0.75 500 1 $375 600

$45010/30/2013 SWA Review letter from clients re SMC forwarded by JB; emails Torres Team re: same;

review draft notice of substitution of lead counsel in light of clients' letter and Scott's email; confer with MJP, CMF and BTC re same; emails with JB, AK, TE, BTC, CMF re notice of substitution of lead counsel.

1.25 500 0 $0 600

$0


10/31/2013 BTC continue work on video cut designations; strategy with MJP re same; emails among MJP and FRL Tex and AK re same; emails among MJP and team and oc re pltfs' designated witnesses at class cert hearing (Doug Witt, Snyder, Swagerty); strategy with SWA and CMF re same; call from oc Eisenstat for meet and confer re defs planned mots to file amended answer raising aff def of arbitration and to exclude Paul Taylor; email to MJP, SMC, AK, TE, JB re same; strategy with MJP re same; emails to and from oc re pltfs' opp to same; continue making video cut suggestions for witnesses Stream does not bring live; emails with MJP, AK, SMC, LY, TE, JB, SWA and CMF re same; review email from JB to team re "splitting hairs rebuttal" and strategy for class cert hearing; strategy with SWA and CMF re same; strategy with MJP and AK re video cuts and page line designations for witnesses for hearing; continue drafting and researching Carmona strike motion; strategy email re same to MJP and AK; emails with JB re pleadings and prep for class cert hearing; review email from SMC re his "competing views" re clients' letter and his withdrawal; strategy with SWA and CMF re same;

9.8 300 1 $2,940 350

$3,43010/31/2013 CMF Review emails to/from Team re: designated witnesses at class cert hearing; confer

with BTC and SWA re: same; confer with BTC and SWA re strategy for certification hearing; confer with BTC regarding SMC.

1 500 1 $500 600

$60010/31/2013 MJP Coordinate depo cuts with videographer. Discuss business v residential plans with

JB. E-mails with def counsel re: witness attendance. Review draft motion to stike Coughlan and revisions. Discuss Clearman impairment.

1.5 500 1 $750 600

$90010/31/2013 SWA Review emails to/from Torres Team re: designated witnesses at class cert hearing;

confer with BTC and CMF re: same; confer with BTC and CMF re strategy for certification hearing; confer with BTC re: SMC email re: client letter and withdrawal.

0.5 500 1 $250 600

$300


11/1/2013 BTC Emails with D Ward re docs for cert hearing; strategy with SWA and CMF re cert hearing; emails with SMC and JB re Darryl Smith affidavit and prep for cert hearing; email to MJP re meeting on prep for cert hearing and strategy re same; emails with JB re Carmona mot strike; email to FRL texas re prep of docs for cert hearing; analyze defs filed mot for leave to file first am ans, order, and affidavit; strategy re same with MJP re defs attempting misrepresentation; review NOA for Gibson Dunn attorneys taking over for defs; research new defense attorney; strategy with team re same; strategy emails with TE re motion to strike Carmona; continue drafting motion to strike Carmona; strategy with MJP, AK, JB, SMC, TE re same; finalize mot strike Carmona and decl supporting same; file same; email to oc re same filed under seal; edit and suppl mot to strike Darryl Smith affidavit, strike Anne Coughlan; analyze defs mot for leave for response; analyze defs mot strike Taylor; analyze defs reply in support of MSJ; analyze defs reply mot strike pltfs evid on class cert;

8.7 300 1 $2,610 350

$3,04511/1/2013 CMF Strategy discussion with SWA and BTC re cert hearing. 0.5 500 1 $250 600 $30011/1/2013 MJP Coordinate witnesses for cert hearing with defs. Discuss response to cert brief

with JB. 0.25 500 1 $125 600

$15011/1/2013 SWA Confer with BTC and CMF re: certification hearing. 0.5 500 1 $250 600 $30011/2/2013 BTC continue working on page/line video cuts and depo designations for class cert

hearing; strategy with MJP and AK re same and need to focus on opp to defs mot for leave to amend answer re arbitr aff def; continue drafting opp to defs mot to amend to raise arb def; strategy with MJP and AK re same and re SMC's questions as to arguments made in Carmona strike mot; review emails among SMC and JB re class definition and arbitration; continue preparing page/line excerpts for hearing;

8.8 300 1 $2,640 350

$3,08011/2/2013 MJP RR motion to strike PT. Discuss arbitration defense with co-counsel. 2 500 1 $1,000 600 $1,20011/3/2013 BTC continue working on page/line cuts for hearing; review memo from SMC re

proposed edits; continue drafting opp to defs mot for leave to amend re arbitration; email to AK and SMC re same and strategy;

7.8 300 1 $2,340 350

$2,73011/3/2013 MJP Review latest draft of response to motion for leave to amend 0.75 500 1 $375 600 $45011/4/2013 BTC review and incorporate JB edits re response to defs mot for leave to amend;

emails with JB re same; review SMC comments and edits to same; incorporate same in draft; emails with D Ward and MJP re docs for hearing; t/c with court clerk re appt to test court room AV connections for presentation; emails with JB re response to mot for leave to amend; continue drafting and suppl same; email memo to JB re same; review defs disco production and pleadings re arbit for resp to mot for leave to amend; prepare points for hearing

7.9 300 1 $2,370 350

$2,765


11/4/2013 MJP Continue review of response to m/amend. Review materials for class cert. hearing. Review depo of R. Snyder and begin direct exam outline.

7 500 1 $3,500 600$4,200

11/5/2013 BTC Attend mtg with ct house staff to test AV and prepare for hearing; review printed notebooks for hearing; emails with D Ward re same; email memo to MJP re depo summaries; research Judge Hoyt past cases for hearing; email to MJP and AK re same; prepare materials and talking points for class cert hearing; strategy with MJP re same; mtgs with AK, MJP, JB re class cert hearing

9.5 300 1 $2,850 350

$3,32511/5/2013 MJP Continue prep of direct exam outline for Snyder. Meet with court coordinator to

arrange video presentation. Meet with G. Robison, AK, JB, and BC to prepare for class cert hearing. Meet with AK re: same.

12 500 1 $6,000 600

$7,20011/6/2013 BTC Prepare for class cert hearing; mtg with MJP, SWA, CMF, and AK re class cert

hearing; attend and participate at class hearing; mtgs with MJP, CMF, and SWA re same and strategy; review minute entry from court re class cert hearing

9 300 1 $2,700 350

$3,15011/6/2013 CMF Attend mtg with MJP, SWA, BTC and AK re class cert hearing; attend class hearing;

mtgs with MJP, BTC and SWA re same and strategy.7 500 1 $3,500 600

$4,20011/6/2013 MJP Prepare direct examination of G. Robison. Continue preparation for hearing.

Meet with legal team. Attend class cert. hearing. Meet with legal team for further strategy. Meet with AK re: same.

8 500 1 $4,000 600

$4,80011/6/2013 SWA Meet with AK and LY and others regarding certification hearing and settlement

issues; mtgs with MJP, CMF, and BTC re same and strategy; review minute entry from court.

2.5 500 1 $1,250 600

$1,50011/7/2013 BTC Continue drafing opp to def mot for leave to raise arb defense; strategy with MJP

re same; emails with MJP, AK, LY, TE, JB re same; review JB prop edits to same; incorporate same;

4.1 300 1 $1,230 350

$1,43511/7/2013 SWA Emails to/from SS team re: settlement concepts. 0.5 500 1 $250 600 $30011/8/2013 BTC Emails with JB re opp to defs mot for leave to file arb def; continue drafting and

suppl same; email memo to AK, MJP, JB, LY, and TE re same; incorporate JB changes to same;

6.1 300 1 $1,830 350

$2,13511/10/2013 MJP Review latest draft of response to motion for leave to amend 0.5 500 1 $250 600 $30011/11/2013 BTC Emails with D Ward re docs for resp to defs mot; continue suppl and editing draft

opp to defs mot amend to add arb def; email to MJP, AK, LY, TE, JB re same; review MJP edits to same; emails with MJP re same; strategy with team re settlment

7.6 300 1 $2,280 350

$2,66011/11/2013 CMF Review settlement outline for discussion and revisions; emails regarding same;

meet and confer with BTC, SWA and MJP regarding settlement issues.2.5 500 1 $1,250 600

$1,500


11/11/2013 MJP review JB revisions to draft, re-draft from Brent. Make final changes to draft response, e-mail with co-counsel re: same. Review two versions of settlement proposal. Discuss with SA.

3 500 1 $1,500 600

$1,80011/11/2013 SWA Review settlement outline for discussion and revisions; emails re: same; meet and

confer with BTC, CMF, MJP re: settlement structure and draft and revise settlement concept memo; emails with MJP re: IA payment allocation for settlement purposes.

3.5 500 1 $1,750 600

$2,10011/12/2013 BTC Finalize and file opp to defs mot leave to file first am ans and aff def arb with

attachments; email to oc re same filed under seal; 4.6 300 1 $1,380 350

$1,61011/12/2013 SWA Review opposition brief. 2 500 1 $1,000 600 $1,20011/13/2013 BTC emails with court clerk re proposed order denying defs mot for leave to amend;

prepare and file proposed order denying defs mot leave file first am ans and aff def;

2.2 300 1 $660 350

$77011/13/2013 SWA Emails to/from LY re: settlement concepts. 0.3 500 1 $150 600 $18011/14/2013 BTC emails with D Ward re need for hearing transcript; review filed hearing transcript

form from AK; forward correspondence to SWA et al0.7 300 1 $210 350

$24511/14/2013 MJP Review final opp to m leave to amende to add arbitration defense. Con call with

co-counsel on settlement strategy. Research Gary McGowan for mediator and send e-mail to same.

1.5 500 1 $750 600

$90011/14/2013 SWA Emails to/from AK; conference call with Torres Team re: settlement issues; review

mediator bios; review powerpoint settlement presentation and structured settlement documents, revise same and emails re: same; emails from BTC forwarding correspondence re: hearing transcript, etc.

3 500 1 $1,500 600

$1,80011/15/2013 BTC emails with SWA re his planned t/c with Judge Ward's office re possible mediator

availability; provide docs to SWA for same; strategy with SWA re same0.4 300 1 $120 350

$14011/15/2013 MJP Call with SA and Judge Ward for mediation. 0.25 500 1 $125 600 $15011/15/2013 SWA Emails to/from Torres Team regarding mediators; research potential mediator;

calls to and conference with potential mediator; emails with BTC re call with availability of potential mediator; review docs from BTC re: same; confer with BTC with SWA re same.

3 500 1 $1,500 600

$1,80011/18/2013 BTC review hearing transcript and emails with court reporter re same; 0.5 300 1 $150 350 $17511/18/2013 MJP Discuss mediators with LY. Review trasncript of class cert hearing. 0.75 500 1 $375 600 $45011/18/2013 SWA Review and revise settlement presentation; continue review of hearing transcript. 2.5 500 1 $1,250 600

$1,500


11/19/2013 BTC review email from o/c attaching defs reply in support of mot for leave to file first am ans and aff def filed under seal; analyze defs reply re same; strategy with MJP re same; emails with CMF and SWA re mediation strategy and LY's efforts to identify appropriate mediators; review emails from SWA to AK and MJP re mediation strategy; review email from LY to SWA, MJP, JB, and TY re same; email from JB re mediators; strategy with CMF and SWA re same and mediation strategy;

4.9 300 1 $1,470 350

$1,71511/19/2013 CMF review defendants reply in support of mot for leave to file first amended answer

filed under seal; emails with BTC and SWA regarding mediation strategy and LY's efforts to identify appropriate mediators; confer with BTC and SWA re mediation strategy;

5.5 500 1 $2,750 600

$3,30011/19/2013 MJP E-mails with Judge Ward on mediation. Discuss E.Green with co-counsel. Start

letter to Stream re: selecting mediators. Review draft BIO to exclude PT.1.25 500 1 $625 600

$75011/19/2013 SWA Numerous emails to/from Torres Team regarding settlement issues; draft letter to

defendants re: mediation, etc. and emails re: same; continue review of hearing transcript; emails with BTC and CMF re mediation strategy and LY's efforts to identify appropriate mediators; confer with CMF and BTC re same and mediation strategy.

6.5 500 1 $3,250 600

$3,90011/20/2013 BTC review transcript of hearing for future motion practice; emails among MJP, LY, AK,

SWA, CMF re mediation; email to JB re transcript of class cert hearing; t/c from alleged fomer Stream employee J Fox; draft detailed email memo re same and strategy to MJP, SWA, CMF, AK, LY, JB, TE; strategy with CMF and SWA re same;

4.7 300 1 $1,410 350

$1,64511/20/2013 CMF emails among MJP, LY, AK, SWA and BTC regarding mediation; review memo re

same and strategy from BTC; confer with BTC and SWA re same.3 500 1 $1,500 600

$1,80011/20/2013 SWA Numerous mails to/from Torres Team regarding settlement correspndence and

issues; review revisions/comments to same; review extensive email from BTC re: potential new related action, and emails to/from Torres Team re: same; review transcript of certification hearing; review detailed email memo from BTC.

2.5 500 1 $1,250 600

$1,50011/21/2013 BTC review order granting defs mot for leave to file first am ans and aff defs; strategy

with MJP, CMF, SWA re same1.5 300 1 $450 350

$52511/21/2013 CMF review order granting defs mot for leave to file first am ans and aff defs; emails

among team regarding settlement issues.1.5 500 1 $750 600

$90011/21/2013 MJP Review and revise response to motion to strike Taylor, discuss with co-counsel.

Review various modifications to settlement letter. Re-write same, discuss with co-counsel, and send.

2.5 500 1 $1,250 600

$1,500


11/21/2013 SWA Numerous emails to/from Torres Team regarding settlement correspondence; review revisions/comments to same; review order granting defendants motion for leave; confer with MJP, CMF, BTC regarding same.

1.5 500 1 $750 600

$90011/22/2013 BTC Analyze defs opp to pltfs mot strike d smith affidv; defs opp to mot strike

Carmona; defs oppp to mot strike Coughlan; edit and suppl opp to def mot strike P Taylor; review finalized filed opp re same; emails with D Ward re same; review order granting def mot for leave to file am ans and aff def; strategy emails to and among AK, MJP, JB, SWA, CMF re same;

6.8 300 1 $2,040 350

$2,38011/22/2013 CMF Emails to and from AK, MJP, JB, SWA and BTC re settlement issues; review Def's

oppositions to plaitniff's motion to strike Caughlin, Carmona, Smith1 500 1 $500 600

$60011/22/2013 MJP Review and discuss order granting motion to amend defenses. Revise BIO to

exclude PT.1.75 500 1 $875 600

$1,05011/25/2013 BTC prepare legal email memo to D Ward for AK re timing on opps and replies in

support of mots to strike Coughlan, Smith, Carmona; t/c with oc Hurst re holiday extension for both sides; email meo to MJP, DW, AK re same; review upcoming SCOTUS cases involving class reliance in fraud on market cases; email to AK re same; emails with TE and MJP re joint stipulation with oc; emails to and fromp oc re same proposing extension dates; prepare joint step re same;

6 300 1 $1,800 350

$2,10011/25/2013 MJP Discuss brief schedule with co-counsel. 0.25 500 1 $125 600 $15011/25/2013 SWA Review emails to/from opposing counsel re: extensions. 0.1 500 0 $0 600 $011/26/2013 BTC email to MJP, AK, TE re proposed joint stip for oc; edit stip re extending deadlines;

email to oc attaching same; email from oc Eisenstate re same; email to MJP and AK re same and strategy; revise draft stip and order with language to counteract any possible future defendant misrepresentation to court; strategy with MJP re same; emails to and from oc re same; finalize and file same

6.2 300 1 $1,860 350

$2,17011/26/2013 MJP Discuss brief schedule with Stream. Review and revise stips on same. 0.25 500 1 $125 600 $15011/26/2013 SWA Review numerous emails to/from opposing counsel re: extensions. 0.2 500 0 $0 600 $011/27/2013 BTC review order granting stipulation 0.1 300 0 $0 350 $0

12/2/2013 BTC Call from Boston atty C Brown re case vs same defs; email memo to MJP re same; strategy with MJP re same;

0.6 300 1 $180 350$210

12/3/2013 BTC Emails from D Ward re reply briefs due 12/13 and strategy; emails with D Ward, KH, AK, and MJP re same;

0.5 300 1 $150 350$175

12/3/2013 MJP Meet with JB on case. 0.5 500 1 $250 600 $30012/4/2013 BTC Review info from MJP re Herbalife case and implications for our case; strategy

with MJP re same; emails from and to AK re Fitzpatrick info0.5 300 1 $150 350

$175


12/4/2013 MJP Review Franco v Arakelian and 360 article on Herbalife. 0.75 500 1 $375 600 $45012/5/2013 BTC review email memo from MJP re t/c with JB and possible case vs Kubra and class

reps; strategy with MJP re same; research same; research defs past pleadings on arb issues; research Bostick v Herbalife litigation and procure pleadings

4.5 300 1 $1,350 350

$1,57512/5/2013 MJP Discuss Herbalife and PSLRA RICO exclusion with JB and BC. 0.5 500 1 $250 600 $30012/6/2013 BTC review email from KH and attached draft reply on mot to strike D Smith affidavit;

prepare proposed edits and suppl for same; strategy with MJP re same; continue drafting reply in support of Carmona; email memo to MJP re past pleadings review on arb issues; strategy with MJP re KH reply on mot to strike D Smith; prep prop edits to KH Ex A on mot to strike D Smith affidavit; strategy with MJP re same; strategy with CMF and SWA re Bostick v Herbalife litigation and implications for our case and settlement;

6.7 300 1 $2,010 350

$2,34512/6/2013 CMF review email from KH and attached draft reply on mot to strike D Smith affidavit;

confer with BTC and SWA re Bostick v Herbalife litigation and implications for our case;

1 500 1 $500 600

$60012/6/2013 MJP Review and revise reply to opp. To motion to strike Smith affidavit 2 500 1 $1,000 600 $1,20012/8/2013 BTC review email from KH re our edits to her reply on D Smith affid and exhibits;

review revised draft of same from KH0.8 300 1 $240 350

$28012/9/2013 BTC edit and suppl reply for mot strike D Smith affidavit; emails with KH re same;

emails with D Ward and MJP re same; review finalized and filed version of same; emails with JB re same; continue editing and suppl draft reply on Carmona;

4.8 300 1 $1,440 350

$1,68012/9/2013 MJP Review final reply to opp. To motion to strike Smith affidavit. Discuss with co-

counsel.0.5 500 1 $250 600

$30012/10/2013 BTC continue drafting reply mot strike Carmona 5.6 300 1 $1,680 350 $1,96012/11/2013 BTC continue suppl reply mot strike Carmona; email MJP, KH, DW, and JB re same 2.2 300 1 $660 350

$77012/12/2013 BTC edit and supp reply mot strike Coughlan; review email from D Ward re revisions to

reply on Coughlan; edit and suppl same; emails with MJP, AK, KH, DW, JB re same; 5.9 300 1 $1,770 350

$2,06512/12/2013 MJP Review and discuss Reply to strike Coughlan. Review and revise Reply to strike

Carmona1.5 500 1 $750 600

$900


12/13/2013 BTC finalize and file reply in supp of mot to strike Carmona; emails to team re same; incorporate MJP edits reply mot strike Carmona; strategy with MJP re same and prop order language; prepare prop order; prepare email to oc serving same; analyze defs filed first amended ans and aff defense of arbitration broader than what they promised court as we feared they might do; strategy with MJP re same; begin drafting motion to strike same; analyze defs reply in support of mot strike Paul Taylor; analyze defs' served reply in support of their mot to strike Paul Taylor

7 300 1 $2,100 350

$2,45012/13/2013 MJP Review and discuss arbitration defense as filed. 0.25 500 1 $125 600 $15012/16/2013 BTC email to AK, MJP, JB, KH re strategy for defs misleading amend ans and aff def of

arbitration and mot to strike; email from AK endorsing mot strike same; continue drafting motion to strike same; review email from court clerk re proposed order;

6.9 300 1 $2,070 350

$2,41512/16/2013 MJP Discuss motion to strike arbitration defense with co-counsel. 0.25 500 1 $125 600 $15012/17/2013 BTC email to court clerk re filed prop order; continue drafting mot strike defs arb aff

def; email from JB re striking aff def of arb; email from MJP to JB re same; research for mot to strike arb def; research requests for oral argument with Judge Hoyt; prepare email memo re same to JB, AK, MJP, KH;

7.3 300 1 $2,190 350

$2,55512/18/2013 BTC continue drafting mot to strike arb aff def; email to MJP, AK, KH, JB re same;

review AK prop edits to same; strategy with MJP re same; incorporate same; email memo to MJP re same; research Kubra and Stream

7.6 300 1 $2,280 350

$2,66012/19/2013 BTC continue research on Stream and Kubra; prepare email memorandum to MJP re

same; review prop edits to mot to strike arb def from MJP; email to AK re same; research for mot to strike arb def

6.2 300 1 $1,860 350

$2,17012/19/2013 MJP Review and revise motion to strike arbitration defense. 2 500 1 $1,000 600 $1,20012/20/2013 MJP Discuss arbitration defense with def counsel. 0.25 500 1 $125 600 $15012/30/2013 MJP Conf. call and e-mail with defs on arbitration defense. 0.25 500 1 $125 600 $150

1/2/2014 BTC review MJP email to oc re not receiving defs prop on amended answ solving arb clause issue; review email from MJP re his t/c with oc re narrowing arb defense and recommending stipulation; finalize mot to strike arb defense if negot with oc falls through;

6.5 300 1 $1,950 350

$2,2751/2/2014 MJP Report negotiations on arbitration defense with co-counsel. 0.25 500 1 $125 600 $150


1/3/2014 BTC review lengthy email from oc insisting on self-serving stip language before narrowing arb defense to what was earlier promised court; review strategy email from MJP re responding to same; emails between MJP and oc re oc's refusal to reasonably narrow same to what was promised in their mot for leave to amend; strategy with CMF and SWA re same; strategy with MJP re defs refusal and need to file motion; finalize and file motion to strike defendants' late and misleading arbitration defense; email to o/c fowarding same filed under seal

5.8 300 1 $1,740 350

$2,0301/3/2014 CMF Review emails to/from opposing counsel regarding motion to strike and

arbitration issues; review emails between MJP and counsel; confer with BTC and SWA re: same.

5.8 500 1 $2,900 600

$3,4801/3/2014 MJP Continue conference with defs on arbitration defense. Prepare response and

discuss with co-counsel. Several e-mails with JG re: same. Review and revise motion to strike arbitration defense.

2.5 500 1 $1,250 600

$1,5001/3/2014 SWA Review emails to/from opposing counsel re: motion to strike answer/arbitration

issues; review emails between MJP and counsel; confer with BTC and CMF re: same.

0.3 500 0 $0 600

$01/6/2014 BTC set up call with fomer stream employee, J Fox per call; strategy with MJP re same;

review court orders denying motion to strike affidavit of Darryl Smith, granting in part our mot strike Coughlan, denying defs' mot exclude paul taylor, granting in part mot to strike report of Paul Carmona; strategy with MJP re same;

4.8 300 1 $1,440 350

$1,6801/6/2014 CMF review court orders denying motion to strike affidavit of Darryl Smith, granting in

part our mot strike Coughlan, denying defs' mot exclude paul taylor, granting in part mot to strike report of Paul Carmona

1 500 1 $500 600

$6001/6/2014 MJP Review orders on motions to strike experts and discuss with co-counsel. 0.5 500 1 $250 600 $3001/6/2014 SWA Review court's order re: motions to strike and emails re: same. 0.2 500 0 $0 600 $01/7/2014 BTC prepare for J Fox call with MJP re Kubra, et al; prepare case status report for SMC;

attend call with Fox2.2 300 1 $660 350

$7701/7/2014 MJP Discuss Joseph Pox with co-counsel. 0.25 500 1 $125 600 $1501/8/2014 BTC review JB email re suggesting mediation to oc; email from MJP re same; strategy

with CMF and SWA re same; review email memorandum from CMF re quixtar/amway class action case and implications for damages and settlement strategy;

1.9 300 1 $570 350

$6651/8/2014 CMF review JB email re mediation; strategy with BTC and SWA re same; research

quixtar/amway class action case and implications for damages and settlement strategy; draft email memorandum regarding same and circulate to team

4.5 500 1 $2,250 600

$2,700


1/8/2014 SWA Review emails and materials from a similar class action and settlment documents from same; emails re: case expenses and expert invoice; confer with BTC re: mediation.

1.2 500 1 $600 600

$7201/10/2014 BTC Email from D Ward re stasis on document relativity database pending order on

class cert; strategy with team0.1 300 0 $0 350

$01/10/2014 CMF emails to/from MJP and SWA regarding case expenses 0.3 500 0 $0 600 $01/10/2014 SWA Emails to/from MJP and CMF re: case expenses 0.3 500 0 $0 600 $01/13/2014 BTC Analyze memorandum and oder granting our motion for class certification;

strategy with MJP, SWA, CMF re same; research case law on Rule 23(f) interlocutory appeals in anticipation of defs likely response to class cert; prepare legal res memo to MJP re same and strategy; strategy with CMF and SWA re same; review email from LY re class cert opinion and strategy; discuss same with CMF, SWA MJP;

6.5 300 1 $1,950 350

$2,2751/13/2014 CMF Review memorandum and order granting plt's motion for class certification;

strategy with MJP, SWA and BTC re same; discuss interlocutory appeals issues BTC and SWA; review email from LY re class cert opinion and strategy; discuss same with BTC, SWA, MJP;

2 500 1 $1,000 600

$1,2001/13/2014 MJP Review class cert order and discuss with co-counsel. Review 23f appeal issue. TC

with AK on same.1.5 500 1 $750 600

$9001/13/2014 SWA Review team emails re: order certifying class; review court's order granting

certification; confer with MJP, BTC, and CMF re same; confer with with CMF and BTC re interlocutory appeal; confer with with BTC, MJP and CMF re: strategy.

2 500 1 $1,000 600

$1,2001/14/2014 BTC review emails from LY and AK re strategy in light of class cert order; begin drafting

class notice docs; email to MJP, AK, JB re same; strategy with CMF and SWA re same; research same and 23(f) case law; email legal res memo to MJP re same;

8 300 1 $2,400 350

$2,8001/14/2014 CMF Confer with BTC and SWA regarding class notice issues; Review email to SMC re:

case expenses; review emails from SS re class cert. 1 500 1 $500 600

$6001/14/2014 MJP Review Carter v Allstate agreement. Research notice of pendency of class action. 1.5 500 1 $750 600

$9001/14/2014 SWA Review email to SMC re: case expenses; review emails from SS re class cert;

confer with CMF and BTC re notice to class. 0.5 500 0 $0 600

$0


1/15/2014 BTC continue preparing notice of pendency of class action and opt-out form; email memos to MJP re same; incorporate MJP edits to same; email to AK, MJP, JB with draft notice and opt-out form with case law and discussing same; continue researching rule 23(f) interlocutory appeals; prepare detailed legal res memo to MJP, AK, JB re same; strategy with CMF and SWA re same and class notice issues; emails from and to AK re same; strategy with MJP, CMF, SWA, and AK re meeting with AK in Houston re same

7.9 300 1 $2,370 350

$2,7651/15/2014 CMF Review legal research memo prepared by BTC; confer with BTC and SWA re same

and class notice issues; confer with MJP, BTC, SWA, and AK re meeting with AK in Houston.

2.3 500 1 $1,150 600

$1,3801/15/2014 MJP Continue research on notice of pendency. 1.25 500 1 $625 600 $7501/15/2014 SWA Review extensive email and authority from BTC re: appellate issues; review form

notice of class action from BTC and email re: same; review memo from BTC notice of pendency/interlocutory appeal; confer with CMF and BTC re: same; confer with with BTC, MJP, CMF, and AK re meeting with AK in Houston.

2.5 500 1 $1,250 600

$1,5001/16/2014 BTC Emails with AK re meeting on case status and strategy; meet with AK re same;

strategy with SWA re notifying press outlets like Class Action Law 360 re class cert; continue researching appeals of class cert decisions

4.4 300 1 $1,320 350

$1,5401/16/2014 CMF emails with MJP and SWA regarding expenses; review expense reports 0.5 500 0 $0 600 $01/16/2014 SWA Emails to/from MJP and CMF re: status and expenses; confer with BTC re: press

release regarding certification.0.5 500 1 $250 600

$3001/17/2014 BTC edit and suppl proposed case schedule changes; email to MJP re same; strategy

with MJP re same2.8 300 1 $840 350

$9801/17/2014 MJP Review and discuss draft trial schedule. 0.25 500 1 $125 600 $1501/20/2014 MJP Research pre-trial procedures. 0.75 500 1 $375 600 $4501/21/2014 CMF Emails to from MJP and SWA re: draft fee agreement. 0.3 500 1 $150 600 $1801/21/2014 SWA Emails to from MJP and CMF re: draft fee agreement. 0.3 500 0 $0 600 $01/22/2014 CMF Emails among team regarding fee allocation 0.3 500 0 $0 600 $01/22/2014 MJP Prepare draft pretrial schedule. 1 500 1 $500 600 $6001/22/2014 SWA Emails from members of Torres Team regarding fee allocation. 0.5 500 0 $0 600 $01/23/2014 MJP Discuss draft notice of pendency with co-counsel. 0.25 500 0 $0 600 $01/24/2014 BTC Analyze defs resp to our mot to strike their arb aff def and Guild affid; emails with

JB and MJP re same and strategy; begin preparing reply to same3.3 300 1 $990 350

$1,1551/24/2014 MJP Continue notice of pendency. Review defs response to motion to strike defense. 0.75 500 1 $375 600

$450


1/26/2014 MJP Review comments by SC re: proposed pre-trial schedule and notice of pendency. 0.25 500 1 $125 600$150

1/27/2014 BTC research law for reply to def opp our mot strike arb aff def; continue drafting same; review draft mot withdraw for KH; emails to MJP and DW re same; emails with MJP and DW re 5th Cir admissions for Stream appeal; analyze Stream's 5th Cir. petition to review class cert order; strategy with MJP re same;

5 300 1 $1,500 350

$1,7501/27/2014 MJP Respond to SC re: notice of pendency. Send draft notice and pre-trial schedule to

Stream, with request for discussion. Review and respond to request for amicus brief from DSA. Review petition for review, discuss with co-counsel.

3.5 500 1 $1,750 600

$2,1001/28/2014 BTC continue drafting reply in supp of mot strike arb aff def; email 5th cir appl to D

Ward for AK; 5.6 300 1 $1,680 350

$1,9601/28/2014 CMF multiple emails regarding case expenses and related issue. 0.3 500 0 $0 600 $01/28/2014 MJP Correspond with co-counsel re: DSA amicus and DSA expert. Respond to DSA re:

opposition.0.25 500 1 $125 600

$1501/28/2014 SWA Numerous emails re: case expenses, etc. 0.5 500 0 $0 600 $01/29/2014 BTC Analyze defs mot for immed stay pending review under FRCP 23(f) and exhibits;

strategy re same; continue drafting reply in support of mot strike arb aff def; strategy with MJP, SWA, CMF re same;

6.8 300 1 $2,040 350

$2,3801/29/2014 CMF Review defs mot for stay pending review under FRCP 23(f) and exhibits; confer

with MJP, SWA and BTC regarding reply in support of mot strike arb aff def. 0.5 500 1 $250 600

$3001/29/2014 SWA Confer with BTC, MJP, CMF re: motion to strike. 0.2 500 1 $100 600 $1201/30/2014 BTC continue researching and drafting reply on mot to strike arb def; edit and suppl

draft MJP affidavit re same; collect exhibits re same6.1 300 1 $1,830 350

$2,1351/31/2014 BTC finalize and file reply on mot to strike arb def; continue drafting resp to 23(f)

appeal and mot to stay6.9 300 1 $2,070 350

$2,4151/31/2014 MJP Oppose Chamber of Commerce as amicus. Review as filed reply on motion to

strike defense.0.25 500 1 $125 600

$1502/3/2014 BTC emails with DW, AK, MJP re 5th cir filings and strategy; cont drafting mot for entry

of trial setting and pre-trial schedule; cont drafting mot for approval of notice of pendency; research same;

6.8 300 1 $2,040 350

$2,3802/3/2014 MJP Seek extension to respond to permission to appeal and discuss with co-counsel.

Review Chamber amicus brief.1.5 500 1 $750 600

$9002/4/2014 BTC continue drafting and supplementing mot for entry of trial setting and not of

pendency pleadings as well as opp to mot stay and appeal resp; email to MJP re same; prepare and file notice of change of firm and address; review prop order denying mot to strike arb demand filed by oc; review prop order granting def mot for stay pending review under 23(f)

7 300 1 $2,100 350

$2,450


2/4/2014 MJP Discuss with DW and AK and EC logistics of 5th circuit filings. Modify motion for approval of notice of pendency and motion for entry of trial setting and pretrial schedule. Review motion for stay.

2 500 1 $1,000 600

$1,2002/5/2014 BTC edit and suppl draft supporting decl for MJP re same for notice of approval of

pendency; incorporate MJP redits to same and two motions; email to MJP re same and exhibits; prepare email forwarding and discussing same to SMC and requesting approval; email to AK re same motions; continue drafting resp to def mot to stay; strategy with MJP re affiliation of appellate experts; prepare prop orders for two motions; emails with MJP re same; finalize and file same;

8.6 300 1 $2,580 350

$3,0102/5/2014 MJP Revise Prebeg decl. in support of motion for notice and motion, and to pretiral

schedule. Discuss with co-cousnel.2.5 500 1 $1,250 600

$1,5002/6/2014 BTC review court order demanding expedited resp to mot for stay; strategy re same;

review Goldstein firm draft and MJP's edits; strategy with MJP, SWA, and CMF re same; email to SWA, CMF, MJP, and MC re same; email to AK and MJP re court's order for exped resp and strategy; emails to and from JB re Goldstein firm draft; ereview email from ECitron re same and strategy; emails with SWA and CMF re same

6.9 300 1 $2,070 350

$2,4152/6/2014 CMF review court order demanding expedited resp to mot for stay; confer with team re

same; review Goldstein firm draft and MJP's edits; strategy with MJP, SWA, and BTC re same; confer with BTC and SWA regarding email from Ecitron.

1.5 500 1 $750 600

$9002/6/2014 MJP Review and revise multiple drafts of opposition to motion for interloc. Appeal.

Discuss efficent market analogy and latest draft with co-counsel.4 500 1 $2,000 600

$2,4002/6/2014 SWA Review draft opposition brief re: interlocutory review; numerous emails re: same;

confer with MJP, BTC, and CMF re same; email to SWA, CMF, MJP, and MC re same.

1.7 500 1 $850 600

$1,0202/7/2014 BTC review order granting mot to strike defs arb aff def; emails from and to 5th Cir re

updating filing; emails with MJP and JB re wording of same and strategy; strategy with SWA and CMF re same;

1.9 300 1 $570 350

$6652/7/2014 CMF review order granting mot to strike defs arb aff def; confer with SWA and BTC re

same.0.3 500 1 $150 600

$1802/7/2014 MJP RR order granting m strike arbitration defense. Ask defs again for extension. 0.25 500 1 $125 600

$1502/7/2014 SWA Confer with BTC and CMF re: order. 0.2 500 0 $0 600 $02/8/2014 BTC Emails with AK, JB, and MJP re court order striking defs arb aff def; 0.4 300 1 $120 350 $1402/8/2014 MJP Discuss order to strike with co-counsel. 0.25 500 0 $0 600 $0


2/10/2014 BTC review mot withdraw for KH and LM; emails with JB re KH and other withdrawals; review order from court for exped resp to our mot for approval of prop notice of pendency of class action; review order granging mot to withdraw; continue drafting opp to def mot; strategy with MJP re same;

3.6 300 1 $1,080 350

$1,2602/10/2014 MJP RR three orders on expedited responses. 0.25 500 1 $125 600 $1502/11/2014 BTC review defs mot for extens time to resp to our mot for notice of pendency of class

action and trial setting and prop order; strategy re same; review order granting LM mot to withdraw; review MJP edits to opp to defs mot for extension; email o/c re same; strategy with MJP re same; continue drafting opp to defs mot to stay

4.1 300 1 $1,230 350

$1,4352/11/2014 MJP Review defs emergency motion. Discuss with defense counsel. 0.25 500 1 $125 600 $1502/12/2014 BTC review defs not of withdrawal of mot for extens of time; review defs Gibson Dunn

attorneys mot for leave to file reply to 5th Cir; continue drafting responses4 300 1 $1,200 350

$1,4002/12/2014 MJP Further discussion of "agreed" motion with defense counsel. Review motion for

reply.0.25 500 1 $125 600

$1502/13/2014 BTC email to SWA, CMF, MJP re 5th cir allowing defs reply supporting 23(f) petition

and strategy; continue researching and drafting responses 3 300 1 $900 350

$1,0502/13/2014 CMF review email from BTC re 5th cir allowing defs reply supporting 23(f) petition and

strategy; Emails to/from MJP, SWA and SMC re: invoices; review defendant reply re: interlocutory appeal.

0.5 500 1 $250 600

$3002/13/2014 MJP Discuss 360 article found by CR with JB. Response from SC. 0.25 500 0 $0 600 $02/13/2014 SWA Emails to/from MJP, CMF and SMC re: invoices; review defendant reply re:

interlocutory appeal; review email re: order allowing reply brief. 0.3 500 0 $0 600

$02/14/2014 SWA Review emails to/from SMC re: status. 0.2 500 0 $0 600 $02/18/2014 BTC continue drafting opp to defs mot to stay; email memorandum to MJP, AK, JB,

SMC re same; review edits to same from MJP; incorporate same; email from JB re same; prepare email memo to MJP, JB, AK, CMF, SMC re same and answering strategy questions

6 300 1 $1,800 350

$2,1002/18/2014 CMF review email memo from BTC re defs' motion to stay and confer regarding same. 0.5 500 1 $250 600

$3002/18/2014 MJP Review and revise Draft opp to motion for stay. Discuss with BC. 0.75 500 1 $375 600 $450


2/19/2014 BTC strategy with SWA and CMF re opp to mot to stay; emails to MJP, AK, JB, SMC re opp to mot to stay and for trial date and class notice and strategy re same; research Stream Ignite public statements to potential investors; email memo to AK, MJP, JB re same; email memos to MJP, AK, JB, SMC re changes to topp to mot to stay and sealing issues; suppl decl re same; finalize and file opp to mot to stay pending pet for review; email to oc serving same filed under seal;

7.8 300 1 $2,340 350

$2,7302/19/2014 CMF Email from BTC regarding opposition to motion to stay; confer with BTC and SWA

regarding same.0.3 500 1 $150 600

$1802/19/2014 MJP Review and revise new version of opp to motion for stay. 0.5 500 1 $250 600 $3002/19/2014 SWA Email from BTC regarding opposition to motion to stay; confer with BTC and CMF

re: same.0.3 500 1 $150 600

$1802/20/2014 BTC review document from SMC re appeal sent late; strategy with MJP, SWA, CMF re

same; email to SMC re same; analyze defs resp to mot for approval of pltf prop notice of pendency of class action and order and supporting affidav; analyze resp to mot for trial setting; email to MJP discussing same; email to MJP, AK, JB, SMC re upcoming SCOTUS hearings of relevance to this case; review SDTX order granting our motion for approval of class notice; strategy with MJP, AK, JB, SWA, CMF re same; emails from AK re same

4.8 300 1 $1,440 350

$1,6802/20/2014 CMF review document from SMC re appeal sent late; strategy with MJP, SWA, BTC re

same; review Judge's order granting our motion for approval of class notice; strategy with MJP, AK, JB, SWA and BTC re same.

1.8 500 1 $900 600

$1,0802/20/2014 MJP RR defs opposition to motion for notice and motion for trial date. 0.25 500 1 $125 600 $1502/20/2014 SWA Review material from SMC re: appeal; confer with MJP, CMF and BTC re: same;

review response to motion for trial setting; review order granting motion for approval of class notice; confer with MJP, AK, JB, BTC, CMF re same.

1.5 500 1 $750 600

$9002/21/2014 BTC review order granting mot for approval of summary notice of pendency of class

action; review order denying def mot for immediate stay; strategy re same5.1 300 1 $1,530 350

$1,7852/21/2014 MJP RR order granting notice. Discuss with co-counsel. Discuss public versions of

pleadings with BC.0.25 500 1 $125 600

$1502/22/2014 BTC emails with MJP re redacted version of docs for filing and strategy; prepare draft

redactions for opp to mot to stay; emails with MJP re same; 1.9 300 1 $570 350

$6652/24/2014 BTC emails with DW, AK, and MJP re DPI data and database; 0.5 300 1 $150 350 $1752/25/2014 BTC emails from and to AK and MJP re court approved notice and website for class

notice and vendors for notice; 0.4 300 1 $120 350

$1402/25/2014 MJP Review redactions to M stay opposition. Discuss 5th circuit logistics with co-

counsel.0.25 500 1 $125 600

$150


2/26/2014 BTC review order fromSDTX denying def mot to stay sent by US Mail; email to MJP, AK, JB re same; email to MJP, AK, JB re SCOTUS cases to be heared with potential impact on this one; emails with JB re same; emails with MJP, CMF, SWA re court's denial of defs mot to stay; review email from defs appellate attys attaching motion to seal, mot for stay with 5th Cir and appx to mot for stay; analyze same; strategy with SWA and CMF re same;

4.1 300 1 $1,230 350

$1,4352/26/2014 CMF review order from J Hoyt denying def mot to stay sent by US Mail; emails with

MJP, BTC and SWA re court's denial of defs mot to stay; review email from defs appellate attys attaching motion to seal, mot for stay with 5th Cir and appx to mot for stay; analyze same; strategy with SWA and BTC re same;

1 500 1 $500 600

$6002/26/2014 MJP RR motion to seal and motion to stay at 5th. 0.25 500 1 $125 600 $1502/26/2014 SWA Review emails re: denial of mot to stay; confer with BTC and CMF re: review email

from counsel and motion to seal and motion for stay. 1 500 1 $500 600

$6002/27/2014 BTC email to JB re defs 5th Cir pleadings; continue analyzing defs 5th Cir pleadings;

email to MJP, AK, JB with strategy re same; strategy with CMF and SWA re same; review strategy email memo from CMF re Rob Snyder past public statements and inconsistencies with their 5th Cir. pleadings; research U.S. Chamber of Commerce amicus efforts and public postings about our case; email memos to CMF and MJP re same and Atlanta newspaper report on Stream; emails with DW re defs efforts to stay at 5th Cir and SDTX and strategy; analyze defs 5th Cir mot filed under seal; emails with DW, AK, MJP, JB re same; emails with FRL Tex re needed docs fromdepositions; research income docs and pleadings; prepare email research memo for CMF re same; draft reply supporting our motions setting trial and pretrial schedules; emails from and to AK re opp to do affidavit matching R Snyder's public statements; review email from EC re same and strategy; email from AK to EC re same and strategy; continue drafting

8 300 1 $2,400 350

$2,8002/27/2014 CMF Review email summary from BTC re: defendant supporting addidavits; review

defendants' motion to seal and motion for stay.1.5 500 1 $750 600

$9002/27/2014 MJP Discuss with co-counsel defs m stay at 5th. Review Chamber of Commerce

publications on case. Review changes to notice. Discuss public versions of pleadings with JG.

0.5 500 1 $250 600

$3002/27/2014 SWA Email summary from BTC re: defendant supporting addidavits; review defendants'

motion to seal and motion for stay.1.25 500 1 $625 600

$750


2/28/2014 BTC emails with AK re defs answer and other docs; email memo to AK and EC with CMF thoughts on Snyder's early public statements about the company and U.S. Chamber of commerce and defs attorney James Ho; finalize reply in support of mot for entry of order re trial setting and schedule;emails with MJP, AK, JB re same; emails with DW re docs of defs' discovery docs for appeal; emails with AK re reply re setting trial date and pretrial schedule; edit same; emails to MJP, AK, JB re same; emails with MJP re strategy; edit and suppl decl supporting reply on mot to set trial and pretrial schedule; emails with MJP re strategy on same; finalize and file reply on mot to set trial and pretrial sched and decl and ex supporting same; email counsel with same filed under seal;

9.1 300 1 $2,730 350

$3,1852/28/2014 CMF Review memo from BTC to AK and EC with my thoughts on Snyder's early public

statements about the company and U.S. Chamber of commerce and defs attorney James Ho.

0.3 500 1 $150 600

$1802/28/2014 MJP Correspond with co-counsel re: class notification and re: reply to motion for trial

deadlines. Review class notice, existing pleadings, and draft web posting. Review prior motion, opposition, and revise reply.

3 500 1 $1,500 600

$1,8003/3/2014 BTC email with AK, MJP, JB re amway/quixtar settlement site and docs per CMF and

strategy re same; review draft class notice website from AK; emails with MJP, AK, JB re strategy on same and appellate strategy; review order granting our mot for trial setting and scheduling pretrial docket call for 9-8-14; review court scheduling order setting dates for mediation, etc.; emails with JB re same and mediation; strategy with SWA and CMF re granting of our motion to set trial schedule; review notice filed in SDTX of 5th Cir.'s order granting defs' mot to stay all trial court proceedings pending disposition of defs 23(f) petition; strategy with SWA, CMF, MJP re same; emails with DW re docs for appeal; emails re strategy for possible mot for rehearing under FRAP 40;

7.9 300 1 $2,370 350

$2,7653/3/2014 CMF confer with SWA and BTC re granting of our motion to set trial schedule; review

notice filed in SDTX of 5th Cir.'s order granting defs' mot to stay all trial court proceedings pending disposition of defs 23(f) petition; confer with SWA, BTC and MJP re same.

1 500 1 $500 600

$6003/3/2014 MJP RR order granting trial setting and pretrial schedule and scheduling order. RR 5th

notice of stay.0.25 500 1 $125 600

$1503/3/2014 SWA Review email re: amended scheduling order and trial setting; review numerous

emails re: same; confer with CMF and BTC re: grant of motion to set trial schedule; confer with BTC, CMF, MJP re: 23(f) petition.

1 500 1 $500 600

$600


3/5/2014 BTC review filing of 5th Cir order granting def mot for leave to appeal under FRCP 23(f); strategy with SWA and CMF re same; review amicus brief filed with 5th Cir by U.S. Chamber of Comm; strategy with SWA and CMF re same; review 5th Cir. order granting defs mot ofr leave to appeal; strategy with MJP, SWA, and CMF re same; begin researching 5th Cir panel judges; prepare email memo to AK, MJP, and JB re same; strategy with MJP, SWA, CMF re same;

3.3 300 1 $990 350

$1,1553/5/2014 CMF review filing of 5th Cir order granting def mot for leave to appeal under FRCP

23(f); strategy with SWA and BTC re same; review amicus brief filed with 5th Cir by U.S. Chamber of Comm; strategy with SWA and BTC re same; review 5th Cir. order granting defs mot ofr leave to appeal; strategy with MJP, SWA, and BTC re same; Confer with MJP, SWA and BTC regarding panel on 5th circuit

0.3 500 0 $0 600

$03/5/2014 MJP RR 5th order granting leave for appeal. Review Chamber brief. Discuss order with

co-counsel.0.25 500 1 $125 600

$1503/5/2014 SWA Confer with BTC and CMF re: 23(f) petition; confer with BTC and CMF re: amicus

brief; review 5th Cir. order granting motion for leave to appeal; confer with MJP, BTC, and CMF re motion for leave; confer with MJP, BTC, CMF re Fifth Circuit judges.

0.5 500 0 $0 600

$03/6/2014 MJP TC with co-counsel re: appeal response. 0.25 500 1 $125 600 $1503/7/2014 BTC emails with DW re DPI privileged disc info; emails among team re case events 0.4 300 1 $120 350

$1403/7/2014 SWA Emails to/from BTC and JJ re: dates for case events. 0.1 500 1 $50 600 $60

3/10/2014 BTC emails with JB re appellate status and strategy; 0.2 300 1 $60 350 $703/12/2014 BTC review order for 5th Cir re notice of appeal; strategy with MJP, SWA, CMF re same 0.5 300 1 $150 350

$1753/12/2014 CMF review order for 5th Cir re notice of appeal; strategy with MJP, SWA and BTC re

same0.2 500 0 $0 600

$03/12/2014 SWA Review order re: notice of appeal; confer with MJP, CMF and BTC re: same. 0.5 500 1 $250 600

$3003/14/2014 BTC Call from firm re their suit vs Logan Stout's new MLM;email to MJP re same;

researc Stout's new company 0.8 300 1 $240 350

$2803/17/2014 BTC review notice of appeal filed by defs 0.2 300 0 $0 350 $03/18/2014 BTC Review transcript order form filed by defs; 0.1 300 0 $0 350 $03/19/2014 BTC review defs' filed transcript order form with SDTX; emails with D Ward re

privileged docs and logistics 0.5 300 0 $0 350

$03/21/2014 MJP Discuss potential cross-appeal with co-counsel. 0.25 500 1 $125 600 $1503/24/2014 CMF emails to/from MJP regarding action in Georgia. 0.2 500 1 $100 600 $1203/27/2014 BTC Review 5th Cir order re electronic ROA; 0.1 300 0 $0 350 $0


3/28/2014 SWA Email from MJP re: invoice. 0.1 500 0 $0 600 $04/8/2014 BTC Emails from MJP, EC, JB re appellate issues and strategy; review briefing notice

from court; strategy re same0.5 300 1 $150 350

$1754/8/2014 CMF Emails to/from MJP and SWA regarding scheduling issues 0.2 500 1 $100 600 $1204/8/2014 MJP TC with GR firm to coordiante appeal response. Discuss settlement offer. RR 5th

briefing schedule.0.5 500 1 $250 600

$3004/8/2014 SWA Emails re: Fifth Circuit briefing schedule. 0.2 500 0 $0 600 $0

4/11/2014 MJP Call with SC to hire GR. Discuss with AK. 0.25 500 1 $125 600 $1504/11/2014 SWA Review emails to/from SMC re: invoice. 0.1 500 0 $0 600 $04/21/2014 BTC review 5th Cir notice re extension for defendants; strategy with SWA and CMF re

same and appeal; 0.5 300 1 $150 350

$1754/21/2014 CMF review 5th Cir notice re extension for defendants; confer with SWA and BTC re

same and appeal; 0.2 500 0 $0 600

$04/21/2014 SWA Review notice re: defendants' extension; confer with BTC and CMF re: same and

status of appeal. 0.5 500 0 $0 600

$04/23/2014 BTC emails with DW, MJP, AK re appeal planning; 0.6 300 1 $180 350 $2104/24/2014 MJP Prepare timeline of events leading to appeal. 0.25 500 1 $125 600 $1504/25/2014 MJP Call with R. Hogan re: appellate counsel. 0.5 500 1 $250 600 $3004/28/2014 MJP Discuss case and pleadings with Hogan. 0.25 500 1 $125 600 $150

5/7/2014 MJP Discuss case with R. Hogan and AK. 0.25 500 1 $125 600 $1505/8/2014 MJP Follow up with R. Hogan and report to JB. 0.25 500 1 $125 600 $1505/8/2014 SWA Email from MJP re: appellate issues 0.1 500 0 $0 600 $0

5/12/2014 BTC Email from MJP re ads for Stream Georgia; prepare draft ideas for MJP; emails with MJP re same; email memo re 5th Cir judges;

3.6 300 1 $1,080 350$1,260

5/12/2014 CMF Review emails regarding fee agreement and co-counsel allocations. 0.3 500 0 $0 600 $05/12/2014 MJP Review ads for Georgia IAs and discuss wih co-counsel. 0.25 500 1 $125 600 $1505/12/2014 SWA Review emails regarding co-counsel allocation. 0.3 500 0 $0 600 $05/13/2014 BTC Research panel members for oral argument; research law on recusal; prepare legal

memorandum re possible motion for recusal of Edith Jones6.1 300 1 $1,830 350

$2,1355/14/2014 BTC research ignite IA agmt issues re class action and arbitration; prepare legal memo

re same; email memo to MJP and AK re same; 5.3 300 1 $1,590 350

$1,8555/14/2014 MJP Review example motion for notice of pendency and declaration in support.

Discuss Georgia individual claims with BC.0.25 500 1 $125 600

$1505/16/2014 CMF Further review of agreement and review emails regarding second restated fee

agreement.0.3 500 0 $0 600

$05/16/2014 SWA Review emails regarding second restated fee agreement; review agreement. 0.3 500 0 $0 600

$05/19/2014 CMF Emails to/from team regarding fee agreement. 0.3 500 0 $0 600 $0


5/22/2014 CMF Emails to/from MJP and SWA regarding status. 0.2 500 0 $0 600 $05/22/2014 SWA Emails to/from MJP and CMF re: status. 0.2 500 0 $0 600 $05/23/2014 BTC Review defs mot extend time; 0.2 300 1 $60 350 $705/27/2014 BTC review clerk order re defs mot extend time; strategy with SWA and CMF re same;

research settlement of FTC v Fortune Hi-Tech litigation; strategy re same with MJP, SWA, CMF

3.5 300 1 $1,050 350

$1,2255/27/2014 CMF review clerk order re defs mot extend time; strategy with SWA and BTC re same;

confer with MJP, SWA, and BTC regarding settlement issues0.3 500 1 $150 600

$1805/27/2014 SWA Review order re: motion to extend time; confer with BTC and CMF re: same;

confer with MJP, CMF and BTC re: related FTC action.0.5 500 1 $250 600

$3005/30/2014 CMF Emails to/from MJP and SWA re: status. 0.2 500 0 $0 600 $05/30/2014 SWA Emails to/from MJP and CMF re: status. 0.2 500 0 $0 600 $0

6/2/2014 CMF Emails with team regarding status of various matters 0.1 500 0 $0 600 $06/2/2014 SWA Emails re: status 0.1 500 0 $0 600 $06/3/2014 SWA Review emails from SMC re: Fifth Circuit. 0.2 500 0 $0 600 $07/3/2014 BTC review defs' filed request for electronic copy of cert record on appeal with SDTX; 0.1 300 1 $30 350

$357/8/2014 BTC emails with JB and MJP re appeal strategy; 0.3 300 1 $90 350 $105

7/15/2014 BTC email to Mcompton re case strategy and assistance; meet with MC re same; 0.5 300 1 $150 350$175

7/15/2014 MJP Call to S. Waisner, IA. Discuss with AK role of DSA as lobbyist and West Hills Farms case.

0.5 500 1 $250 600$300

7/17/2014 BTC Emails with JB and MJP re Defs appellate counsel; research Stream's latest income disclosure docs; email to MJP, AK, JB re same;

2.9 300 1 $870 350$1,015

7/18/2014 BTC analyze defs appellants' brief; strategy with SWA, CMF, MJP re same; review defs record excerpts filed with 5th Cir; emails among MJP and JB re same and our appellee brief planning;

6 300 1 $1,800 350

$2,1007/18/2014 CMF Review opening brief to Fifth Circuit and cases cited therein; confer with BTC, SWA

and MJP re same. 3.5 500 1 $1,750 600

$2,1007/18/2014 SWA Review opening brief to Fifth Circuit; confer with BTC, CMF, and MJP re same. 1.5 500 1 $750 600

$9007/19/2014 SWA Continue review opening brief. 1 500 1 $500 600 $6007/20/2014 SWA Continue review of opening brief. 0.5 500 1 $250 600 $3007/21/2014 BTC emails with JB and MJP re defs' brief and strategy; 0.3 300 1 $90 350 $1057/21/2014 MJP Review appellants' brief. Begin preparation of counterarguments. Discuss with co-

counsel. E-mails with S. Waisner.3.5 500 1 $1,750 600

$2,100


7/22/2014 BTC email memo to MJP re prep for call with FTC and strategy re Herbalif and others; email to MJP re Bill Keep as possible future expert with Vander Nat; prepare FTC talking points; attend call with MJP and ED; strategy re same;

5.8 300 1 $1,740 350

$2,0307/22/2014 MJP Research cases cited in appellants' brief. Review and revise talking points for FTC

call. Discuss w co-counsel. Review Herbalife press release info and discuss relevance to Stream. Same for Ackman release. Discuss with co-counsel.

4 500 1 $2,000 600

$2,4007/22/2014 SWA Emails to/from Torres Team re: opening brief. 0.3 500 1 $150 600 $1807/23/2014 MJP Prepare for call and attend call with FTC. Summarize and report to JB. 0.75 500 1 $375 600 $4507/24/2014 BTC review notice of copies of record excerpts filed by defs; 0.1 300 0 $0 350 $07/25/2014 BTC analyze motion by DSA to file amicus; email to JB and MJP re same; review motion

by national energy marketers assoc re same; email to CMF, SWA re same; 1.8 300 1 $540 350

$6307/25/2014 MJP Review combined Amicus Brief. 1 500 1 $500 600 $6007/25/2014 SWA Review motion by amicus; review email from BTC re same. 0.4 500 1 $200 600 $2407/28/2014 BTC review DSA amicus brief; analyze DSA amicus brief; 1 300 1 $300 350 $3507/28/2014 CMF review DSA amicus brief; review authority cited therein 1.5 500 1 $750 600 $9007/29/2014 BTC strategy with MJP, EC, and AK re need for extension; procure phone extension

from 5th Cir; review court notice re same; emails with JB re same; email to SWA and CMF re strategy related to same;

1.6 300 1 $480 350

$5607/29/2014 SWA Review email from BTC re extension, etc. 0.2 500 0 $0 600 $07/30/2014 BTC emails with EC re extension; review notice of paper copies filed with 5th Cir. 0.8 300 1 $240 350

$2808/20/2014 MJP Discuss FTC decline of amicus with co-counsel. 0.25 500 1 $125 600 $1508/25/2014 BTC review EC draft mot to extend time for appellee brief; review same filed with

court; strategy with SWA and CMF re same; 1.6 300 1 $480 350

$5608/25/2014 CMF review draft mot to extend time for appellee brief; review same filed with court;

confer with SWA and BTC re same; 1.5 500 1 $750 600

$9008/25/2014 SWA Confer with BTC and CMF re: extension. 0.1 500 0 $0 600 $08/26/2014 BTC review clerk order granting motion for extension for our brief; emails with JB re

same; 1 300 1 $300 350

$3508/29/2014 MJP Research case law cited by defendants. 2.25 500 1 $1,125 600 $1,3509/15/2014 BTC emails with JB re case status; 0.3 300 1 $90 350 $1059/23/2014 BTC Emails with ED re exhibits and other docs; call with EC and MJP re same and

strategy; 0.5 300 1 $150 350

$1759/23/2014 MJP Research Stream economics, discuss with BC, and report to EC. 1.25 500 1 $625 600 $750


9/24/2014 BTC Emails with EC re case facts and research; research same; emails from EC requesting research for citable sources about Excel and DSA members; strategy with MJP re same; research same; prepare research memo for EC re same; research Avon's decision to leave DSA for pyramid scheme concerns; email memo to MJP, AK, and JB re same; research references for EC on breakage and other discovery evidence for appellate briefing; email memo to EC and MJP re same; research additional exhibits and info for EC; email memo to EC and MJP re same;

8 300 1 $2,400 350

$2,8009/24/2014 MJP Discuss lead IA backgrounds, saturation, breakage, and other issues with co-

counsel.1 500 1 $500 600

$6009/26/2014 BTC Email memos to AK and MJP re call with EC and strategy; 1 300 1 $300 350 $3509/29/2014 BTC research information in past pleadings and document production for EC; email

memo to MJP re same; emails with FRL Tex re deposition exhibits; emails with MJP re info for EC and appellate strategy;

6.2 300 1 $1,860 350

$2,1709/29/2014 MJP Review Stream financials and Taylor repoprt. Discuss with BC. 1.25 500 1 $625 600 $7509/30/2014 BTC email memo from MJP re info for EC for appeal; strategy with MJP re same; emails

with MJP re information from JB re stacking under defs IA agreement rules; emails with JB re same; emails with MJP re same; continue research for EC; prepare lengthy legal memo to MJP re research for EC; strategy with MJP re same and appeal; prepare lengthy legal email memo to EC, MJP, AK; send docs to EC re research; additional research requests from EC; emails with EC re same;

7.9 300 1 $2,370 350

$2,7659/30/2014 MJP Additional review of Sream financials. 0.25 500 1 $125 600 $15010/1/2014 BTC continue research for EC for appeal; email legal memo to EC re same; additional

research for EC; emails with EC re same; strategy with MJP re same and appeal; prepare email legal memo to EC re Rule 30b6 depos and numbers in Stream disco docs; email to MJP and AK re docs sent to EC and strategy;

8 300 1 $2,400 350

$2,80010/2/2014 BTC Strategy with MJP re support for assertions in appeal brief; research same; emails

with EC re same; 3.3 300 1 $990 350

$1,15510/3/2014 BTC review EC's first draft appeal brief; strategy with MJP re same; 4.1 300 1 $1,230 350 $1,43510/3/2014 MJP Begin review of draft appellate brief. 0.75 500 1 $375 600 $450


10/6/2014 BTC emails with JB re EC's draft appeal brief; Strategy with CMF and SWA re same; propose edits to same; emails with EC re cite checking and info for brief; research pleadings for EC; email to EC, AK, MJP re past docs under seal; emails with JB, MJP, SWA and CMF re strategy for brief; t/c with EC re brief and logistics; email with MJP and JB re same; email with AK, MJP, JB re briefing; review revised draft brief from EC with appendices; email to JB re same; email with MJP re same; email to MJP and JB re EC requested call for 10-7; emails with AK, DW, MJP re evidence citatations requested by AK for appeal brief; emails with JB re same;

9 300 1 $2,700 350

$3,15010/6/2014 CMF Review AC draft brief; confer with BTC and SWA re same; propose edits to same;

emails with JB, MJP, SWA and BTC re strategy for brief; internet research of content of Stream website; email report to BTC, SWA and MJP regarding same.

3.5 500 1 $1,750 600

$2,10010/6/2014 MJP Continue review of appellate brief and case citations. Review misrep chart. 1.5 500 1 $750 600

$90010/6/2014 SWA Review draft response brief to Fifth Circuit and numerous emails re: same; email

from CMF with information re: defs.1.25 500 1 $625 600

$75010/7/2014 BTC emails from defs appellate attorneys re download of their supporting docs; emails

with DW, MJP, JB re same and strategy; call with EC re strategy; strategy with CMF re appeal; research citations for brief

7.1 300 1 $2,130 350

$2,48510/7/2014 CMF Confer with BTC re appeal. 0.2 500 0 $0 600 $010/7/2014 MJP Continue review of appellate brief and case citations. Draft language for summary

re: proximate cause issue. Con call with appellate counsel.2.25 500 1 $1,125 600

$1,35010/7/2014 SWA Continue review of draft response brief. 1 500 1 $500 600 $60010/8/2014 BTC emails with EC, AK, MJP re revising brief; emails with EC ROA issues; emails with

MJP re evidence for eppeal; Emaislw tih JB re same; email from EC re record excerpts and strategy; continue filling in legal and record citations for EC;

6.9 300 1 $2,070 350

$2,41510/8/2014 MJP Review latest version of appellate brief. Discuss with co-counsel. 0.75 500 1 $375 600 $45010/9/2014 BTC emails with EC re evidence and legal citations for brief and on ROA issues and

appeal; emails with MJP re electronic ROA and strategy; emails with D Ward re evidence for appeal; continue editing and suppl draft appeal brief; email to EC, MJP, AK, JB re same; email to MJP re Avon's letter re DSA and strategy; emails with EC re brief and record excerpts; emails with FRL Texas re depo video excerpts for brief; research additional evidence for brief; email legal memo to MJP re same; calls with EC re same; email docs and evidence to EC for appeal; prepare TOC for brief; email to EC re same;

8.3 300 1 $2,490 350

$2,90510/9/2014 MJP Review opp to class cert motion. Review JB edits to brief. Revise brief and discuss

with co-counsel.2 500 1 $1,000 600

$1,200


10/10/2014 BTC continue editing and suppl appeal brief for EC; emails with EC re same; emails with Dward re same; review appellees' brief filed with 5th Cir; review mot filed under temp seal; emails to EC and JB re same; email to SWA and CMF re same and case strategy; continue filling in record and legal citations per EC; emails with EC re same; emails with MJP re same and strategy; send additional evidence and research to EC for brief; emails to MJP, AK, JB re evidence on breakage etc.; prepare cert of service for EC; emails with EC re strategy on brief; calls with EC re brief; review revised edits of brief; review filed brief; emails with EC re same

11 300 1 $3,300 350

$3,85010/10/2014 MJP Discuss with co-counsel def testimony needed for brief. 0.25 500 1 $125 600 $15010/10/2014 SWA Email from BTC re motion to seal and case/appeal strategy. 0.1 500 0 $0 600 $010/13/2014 BTC Strategy with SWA and CMF re appeal; 0.5 300 1 $150 350 $17510/13/2014 CMF Confer with SWA and BTC re appeal. 0.5 500 0 $0 600 $010/13/2014 MJP Review as filed response brief, review certain cases, discuss with co-counsel 2.5 500 1 $1,250 600

$1,50010/13/2014 SWA Confer with BTC and CMF re: status of appeal. 0.5 500 1 $250 600 $30010/14/2014 BTC motion by defs to extend time; review mot to place record excerpts under seal;

emails with DW re appeal and EC; emails with ED re paper copies of record excerpts; email to MJP re emails with EC and strategy for SRE

4.6 300 1 $1,380 350

$1,61010/14/2014 MJP Discuss article quoting SMC with co-counsel. 0.25 500 1 $125 600 $15010/14/2014 SWA Online research and review of press related to case. 0.5 500 1 $250 600 $30010/15/2014 BTC review clerk order granting defs mot extension; review amicus brief filed by AARP

supporting our side; emails with JB and MJP re same; strategy with SWA and CMF re same;

0.5 300 1 $150 350

$17510/15/2014 CMF Review emails regarding DMN article; review amicus brief filed by AARP; confer

with BTC and SWA re same. 0.5 500 0 $0 600

$010/15/2014 MJP Review public statement made by SC on case and discuss with co-counsel.

Attempt to discuss with SC. Discuss with co-counsel how to contain SC unauthorized activity.

0.5 500 0 $0 600

$010/15/2014 SWA Emails to/from Torres Team re: DMN article; review amicus brief filed by AARP;

confer with BTC and CMF re same. 0.5 500 1 $250 600

$30010/17/2014 BTC Emails with EC and DW re paper copies for appeal; t/c with counsel press re filing

paper copies; emails with EC and DW re same; email briefing and SRE materials to counsel press for service; review news of Edith Jones surviving judicial misconduct complaint; email to MJP, AK, JB re same; strategy with SWA and CMF re same; edit and suppl SREs with EC; emails with EC re same; email same to counsel press for service and instructions on sealed materials; review AARP amicus; strategy with SWA and CMF re same; email to JB re same;

0.5 300 1 $150 350

$175


10/17/2014 CMF Confer with SWA and BTC regarding amicus briefs 0.5 500 1 $250 600 $30010/17/2014 SWA Confer with BTC re: amicus brief. 0.3 500 0 $0 600 $010/20/2014 BTC Emails with counsel press re service; emails with EC re same; 0.8 300 1 $240 350 $28010/21/2014 BTC review court notice re receipt of paper copies; 0.2 300 0 $0 350 $010/24/2014 BTC review court notice re AARP filed paper excerpts; 1.8 300 0 $0 350 $010/28/2014 MJP Discuss class counsel issues with co-counsel. Attempt call to Stream 0.25 500 1 $125 600 $15010/29/2014 MJP Calls with Stream and e-mails with co-counsel to set up conference call. Review

AARP brief.1.25 500 1 $625 600

$75010/30/2014 BTC analyze defs appellant's reply brief; strategy with MJP, SWA, and CMF re same; 3.8 300 1 $1,140 350

$1,33010/30/2014 CMF Review appellant's reply brief; confer with MJP, SWA, and BTC re same. 1 500 0 $0 600 $010/30/2014 SWA Review reply brief; confer with BTC, MJP, and CMF re: same. 0.5 500 0 $0 600 $010/31/2014 BTC Emails with JB re appeal and strategy; 0.5 300 0 $0 350 $0

11/3/2014 MJP Thorough review of Reply brief. Review court record and response brief for accuracy of reply brief. E-mail to co-counsel re: same.

3 500 1 $1,500 600$1,800

11/3/2014 SWA Review reply brief; review numerous emails from Torres Team re: reply and other briefing issues.

2 500 1 $1,000 600$1,200

11/4/2014 BTC Strategy with SWA re 5th Cir panel; emails among JB and MJP re defs' reply and strategy; strategy with CMF, SWA, and MJP re same and research on criminal acts are ipso facto not reasonable; research same legally and in defs' past statements; prepare email research memorandum to MJP, CMF, JB re same and cases on unreasonability of illegal behavior; strategy with MJP, SWA, and CMF re same; continue research on same; email memo to MJP re same;

3.3 300 1 $990 350

$1,15511/4/2014 CMF confer with SWA, BTC and MJP re reply brief and strategy; confer with MJP, BTC

and SWA re: case law with respect to illegal behavior/conduct.1 500 1 $500 600

$60011/4/2014 MJP Phone conference with appellate counsel and AK re: reply brief and case strategy.

Multiple e-mails and phone call with co-counsel re: same and re: additional legal research on "rational mind" issue.

1.5 500 1 $750 600

$90011/4/2014 SWA Confer with BTC re: Fifth Circuit judges; confer with CMF, BTC and MJP re reply

and strategy; confer with MJP, BTC and CMF re: case law with respect to illegal behavior/conduct.

1.5 500 1 $750 600

$90011/5/2014 BTC review court notice re defs excerpts for reply; 0.1 300 0 $0 350 $011/5/2014 MJP E-mail from appellate counsel re: reply brief issues. Discuss matter with BC for

legal research needed. Review Apps brief to references to "rational person." Preliminary review of research findings and discuss with co-counsel. Review additional cases and discuss with co-counsel.

1.75 500 1 $875 600

$1,05011/5/2014 SWA Review numerous emails re: reply brief and relevant law and research issues. 0.5 500 1 $250 600

$300


11/7/2014 BTC review strategy memo from MJP to EC, TG, and K; emails and strategy with MJP re same;

1 300 1 $300 350$350

11/7/2014 MJP Review and summarize for EC varous cases on inferred reliance. 2.5 500 1 $1,250 600 $1,50012/4/2014 BTC review notice from court re oral argument during week of 2/2/2015; emails with

DW and MJP re same and strategy; emails among MJP and JB re same; email from MJP to EC re same;

0.4 300 1 $120 350

$14012/15/2014 BTC review court notice definitively scheduling oral argument; emails among MJP and

JB re same and strategy; email to SWA and CMF re same; strategy with SWA and CMF re same; review email from clients from JB; email from JB re same;

1.1 300 1 $330 350

$38512/15/2014 CMF review court notice regarding oral argument; review emails among MJP and JB re

same and strategy; email from BTC re same; strategy with SWA and BTC re same.1 500 1 $500 600

$60012/15/2014 MJP Coordiante appellate schedule with co-counsel. Review letter from client

dismissing SC.0.25 500 1 $125 600

$15012/15/2014 SWA Review court notice scheduling oral argument; review email re oral argument;

confer with BTC and CMF re same. 0.3 500 1 $150 600

$18012/16/2014 BTC emails with MJP re strategy for oral argument; 0.5 300 0 $0 350 $012/19/2014 BTC review notice from court re room assignment for oral argument; strategy with

MJP, SWA, CMF re oral argument strategy; 0.6 300 1 $180 350

$21012/19/2014 CMF review notice from court re room assignment for oral argument; confer with MJP,

SWA, and BTC re oral argument.0.5 500 0 $0 600

$012/19/2014 SWA Review notice from court; confer with MJP, BTC, CMF re oral argument. 0.2 500 0 $0 600 $012/23/2014 SWA Review emails to/from Torres Team regarding oral argument scheduling and

travel.0.2 500 0 $0 600

$01/5/2015 BTC Strategy with MJP, CMF, SWA re attending oral argument at 5th Cir; 0.3 350 0 $0 350 $01/5/2015 CMF Strategy with MJP, CMF, SWA re attending oral argument at 5th Cir; email

regarding hotels in NOLA0.5 500 1 $250 600

$3001/5/2015 SWA Emails to/from Torres Team regarding hotels and travel to NOLA. 0.3 500 1 $150 600 $1801/8/2015 BTC Strategy with MJP, CMF, SWA re attending oral argument at 5th Cir; 0.4 350 1 $140 350 $1401/8/2015 CMF Strategy with MJP, BTC and SWA re attending oral argument at 5th Cir; 0.4 500 1 $200 600 $2401/8/2015 SWA Confer with MJP, CMF, and BTC re: oral argument. 0.4 500 1 $200 600 $2401/9/2015 MJP Discuss oral argument presentor issues with co-counsel. Review article on CGC

Holding's case and Inference of Reliance. Discuss with co-counsel.0.75 500 1 $375 600

$4501/13/2015 MJP Review CGC Holdings v Broad and Cassel. Discuss with co-counsel. 1.25 500 1 $625 600 $7501/15/2015 MJP Review draft 28j letter and correspond with EC re: contents of letter and burden

of proof/method of proof at trial.0.25 500 1 $125 600

$1501/15/2015 SWA Review EC letter to Fifth Circuit 0.2 500 0 $0 600 $0


1/27/2015 BTC Strategy with MJP, SWA, CMF re composition of 5th Cir. panel; 0.4 350 1 $140 350 $1401/27/2015 CMF Confer with MJP, SWA and BTC regarding 5th Cir. Panel. 0.5 500 0 $0 600 $01/27/2015 MJP Review response to 28j letter. Arrange for NOLA accomodations. 0.25 500 1 $125 600 $1501/27/2015 SWA Review numerous emails re: oral argument, panel research, etc. 1.5 500 1 $750 600 $9001/30/2015 BTC Emails with EC and MJP re class cert hearing transcript, reply brief, and prep for

oral argument; strategy with SWA, CMF, MJP re oral argument1 350 1 $350 350

$3501/30/2015 CMF Confer with SWA, BTC and MJP re oral argument 1 500 1 $500 600 $6001/30/2015 SWA Confer with BTC, CMF, MJP re: oral argument 0.3 500 1 $150 600 $1801/31/2015 BTC emails with CMF, SWA, MJP re oral argument at 5th Cir 0.3 350 1 $105 350 $1051/31/2015 CMF Confer with BTC, SWA and MJP re oral argument at 5th Cir 0.2 500 0 $0 600 $01/31/2015 SWA Confer with MJP, CMF, and BTC re: panel. 0.2 500 0 $0 600 $0

2/1/2015 BTC travel to NOLA to prep for 5th Cir. oral arg; emails with EC re docs for oral arg prep and strategy for same; research docs for EC for oral arg; meet with EC, MJP, CMF, AK to prepare for oral arg

10 350 1 $3,500 350

$3,5002/1/2015 CMF travel to NOLA to prep for 5th Cir. oral arg; meet with EC, MJP, BTC, and AK to

prepare for oral argument10 500 1 $5,000 600

$6,0002/1/2015 MJP Travel to N.O. and meet with co-counsel to prepare for oral argument. 6 500 1 $3,000 600 $3,6002/2/2015 BTC meetings with with EC, AK, MJP, CMF, JB re prep for oral argument; research docs

and issues for same 8.5 350 1 $2,975 350

$2,9752/2/2015 CMF meetings with with EC, AK, MJP, JB and BTC regarding prep for oral argument;

research for same6.5 500 1 $3,250 600

$3,9002/2/2015 MJP Meeet with co-counsel for moot court and argument preparation. 4.5 500 1 $2,250 600 $2,7002/3/2015 BTC Attend oral arg at 5th Cir; meetings with EC, AK, MJP, CMF re same; travel from

same10 350 1 $3,500 350

$3,5002/3/2015 CMF Attend oral arg at 5th Cir; meetings with EC, AK, MJP, BTC and JB re same; travel

to Houston10 500 1 $5,000 600

$6,0002/3/2015 MJP Attend oral argument. Return to Houston. 7 500 1 $3,500 600 $4,2002/4/2015 BTC emails with EC re oral argument; review oral argument audio; 1 350 1 $350 350 $3502/4/2015 MJP Discuss argument with co-counsel. Review portions of recording. 1 500 1 $500 600 $6002/5/2015 BTC conf call with AK, MJP, CMF, JB re case strategy; prepare detailed email memo re

call with TG, EC, AK, MJP, CMF and strategy re same and settlement strategy; 2.2 350 1 $770 350

$7702/5/2015 CMF conf call with AK, MJP, BTC and JB re case strategy; confer regarding memo re call

with TG, EC, AK, MJP and BTC and strategy re same and settlement strategy.1 500 1 $500 600

$6002/5/2015 MJP E-mail from BC re: results of strategy and post argument letter call with co-

counsel.0.25 500 1 $125 600

$150


2/8/2015 BTC Emails with EC, AK, MJP, SR, TG, CMF, JB re EC's draft post argument letter brief and strategy re same; research citations and oral argument citations re same; review EC's draft brief; research and edit same with oral argument time and other references; email memo to EC, AK, MJP, SR, TG;

6 350 1 $2,100 350

$2,1002/8/2015 CMF review EC's draft brief; Review memo from BTC 0.5 500 1 $250 600 $3002/9/2015 BTC call with EC re call with 5th Cir; call with 5th Cir re post-hearing brief; emails with

EC re same; strategy with CMF, JB, MJP re same; strategy with CMF re oral argument and strategies re defs revenue claims, etc.; review detailed memo from CMF re EC post-hearing brief; review EC's revised brief; email memo to EC, AK, CMF, MJP, SR re same; emails with MJP re EC's questions re P Taylor report; research same; email memo to EC re P Taylor's report citation from SDTX as part of class cert briefing; review proposed edits to post-hearing brief from MJP and CMF; emails with CMF and MJP re strategy on same; review defs post-hearing letter brief; strategy with CMF, SWA, MJP re same; emails with JB, CMF, and MJP re same and strategy; emails among MJP, EC, AK, CMF re same;

6.9 350 1 $2,415 350

$2,4152/9/2015 CMF Numerous emails regarding post-hearing brief; confer with BTC, JB, MJP re same;

strategy with BTC re oral argument and strategies re defs revenue claims, etc.; draft memo re EC post-hearing brief; review memo from BTC re same; propose edits to post-hearing brief; emails with BTC and MJP re strategy on same; confer with BTC, SWA, MJP re same; emails with JB, BTC and MJP re same and strategy;

3.5 500 1 $1,750 600

$2,1002/9/2015 MJP Review EC versions post argument letters, revise same, discuss with co-counsel.

Review Stream post argument letter.1 500 1 $500 600

$6002/9/2015 SWA Review defendants' letter brief, and emails re: same; confer with CMF, BTC, and

MJP re: same.0.3 500 0 $0 600

$02/10/2015 BTC strategy with MJP re oc's post-hearing letter and possible request for additional

discussion; 0.4 350 1 $140 350

$1402/11/2015 MJP Work on draft m remove SC and discuss with co-counsel. 1 500 1 $500 600 $6002/12/2015 MJP Continue work on m remove SC. 0.25 500 1 $125 600 $1504/29/2015 MJP Review response to IA motion for amicus brief. Discuss with co-counsel. 0.5 500 1 $250 600 $300

5/9/2015 SWA Review related case filing. 0.3 500 0 $0 600 $05/19/2015 CMF Review Griggs complaint; confer with team regarding same 1 500 0 $0 600 $05/19/2015 MJP Review Griggs complaint and discuss with co-counsel. 1.75 500 1 $875 600 $1,0505/19/2015 SWA Review complaint from related case; emails re: same. 0.4 500 0 $0 600 $05/22/2015 CMF Review and comment on draft motion 0.5 500 1 $250 600 $3005/22/2015 MJP Continue work on m remove SC. Discuss with co-counsel. 1.75 500 1 $875 600 $1,050


5/22/2015 SWA Review and comment draft motion. 0.5 500 0 $0 600 $05/26/2015 CMF emails regarding draft motion 0.2 500 0 $0 600 $05/26/2015 MJP Continue work on m remove SC. Discuss with co-counsel. 1.5 500 1 $750 600 $9005/26/2015 SWA Emails re: draft motion. 0.3 500 0 $0 600 $05/29/2015 BTC review SDTX order on class counsel 0.2 350 1 $70 350 $705/29/2015 MJP RR order for expedited response. Discuss motion with co-counsel. 0.25 500 1 $125 600 $150

6/1/2015 CMF Review emails re: separate class action allegations; emails from SMC re: motion to remove.

0.5 500 1 $250 600$300

6/1/2015 MJP Demands for documents from SC and discuss with co-counsel. 0.25 500 0 $0 600 $06/1/2015 SWA Review emails re: separate class action allegations; emails from SMC re: motion to

remove.0.5 500 1 $250 600

$3006/2/2015 MJP Discuss SC demands for docs from SC with co-counsel. Call with SC and co-

counsel. Report to JB.0.5 500 1 $250 600

$3006/2/2015 SWA Review emails re: related case. 0.3 500 0 $0 600 $06/2/2015 SWA Emails re: assembly of materials for co counsel. 0.3 500 1 $150 600 $1806/3/2015 BTC Strategy with MJP re appeal status and case strategy; email memo re same 0.8 350 1 $280 350

$2806/3/2015 MJP Handle SC demands and e-mails with co-counsel. 0.25 500 1 $125 600 $1506/5/2015 CMF Review opposition brief filed by SMC; emails re: same. 1 500 1 $500 600 $6006/5/2015 MJP Review SC 5th circ motion and discuss with co-counsel. RR AK e-mail to SC

rejecting offer to join Griggs.1.25 500 1 $625 600

$7506/5/2015 SWA Review opposition brief filed by SMC; emails re: same. 1.5 500 1 $750 600 $9006/8/2015 BTC Review 5th Cir order holding SMC mot for contempt in abeyance and ordering

response; strategy with MJP, CMF, SWA re same and initial draft response and EC and team edits re same; edit and suppl draft resp; email memos re same;

4.8 350 1 $1,680 350

$1,6806/8/2015 MJP Review 5th Cir order on SC motion. Review and revise response to m contempt.

Review and make several additional revisions and discuss with co-counsel.2.5 500 1 $1,250 600

$1,5006/8/2015 SWA Review SMC's motion and emails re: same. 0.5 500 1 $250 600 $3006/9/2015 BTC review resp by SMC filed in SDTX to mot to remove; strategy with MJP, SWA, and

CMF re same; edit and suppl draft resp to SMC mot contempt 5th Cir; 1.8 350 1 $630 350

$6306/9/2015 CMF Review SMC's motion and emails re: same; email to MJP, SWA and BTC regarding

same; propose edits to response to SMC's ex parte motion2.5 500 1 $1,250 600

$1,5006/9/2015 MJP Review SC response to m remove. Revise response to m contempt. Discuss all

with co-counsel.2 500 1 $1,000 600

$1,200


6/10/2015 BTC review emails bet 5th Cir and AK's office re corrected resp to SMC mot for contempt; review draft response to same

0.8 350 1 $280 350$280

6/16/2015 BTC review SMC reply to mot; strategy with MJP, SWA, CMF re same 0.5 350 1 $175 350 $1756/16/2015 CMF Review SMC's reply brief; emails to/from team regarding same; 1.5 500 1 $750 600 $9006/16/2015 MJP Review SC reply to m contempt response. Prepare sur-reply points and discuss

with co-counsel.1.75 500 1 $875 600

$1,0506/16/2015 SWA Review SMC's reply at Fifth Circuit; emails re: same. 0.8 500 0 $0 600 $06/18/2015 BTC review letter filed by defs; strategy with MJP,SWA, CMF re same 1 350 1 $350 350 $3506/18/2015 CMF Review defendants' letter to court and emails regarding same 0.3 500 1 $150 600 $1806/18/2015 MJP Review defs letter to court on SC issue. Discuss with co-counsel. 0.25 500 1 $125 600 $1506/18/2015 SWA Review letter from defense counsel re: Clearman and emails re: same. 0.1 500 0 $0 600 $06/22/2015 MJP E-mails with JB and AK re: GR health condition. 0.25 500 1 $125 600 $150

7/8/2015 SWA Review email from SMC and response to same. 0.2 500 0 $0 600 $07/8/2015 SWA Review email from SMC regarding settlement issues. 0.2 500 0 $0 600 $07/9/2015 MJP Discuss appellate settlement options with co-counsel. 0.25 500 1 $125 600 $1507/9/2015 SWA Review emails re: settlement opporunities/issues. 0.2 500 0 $0 600 $0

7/22/2015 MJP E-mails with SC and AK re: settlement options. 0.25 500 1 $125 600 $1507/22/2015 SWA Review email to SMC re: mediation; review emails to/from Torres Team regarding

settlement opportunies and various issues.0.5 500 1 $250 600

$3007/23/2015 SWA Review emails regarding settlement issues. 0.2 500 1 $100 600 $1207/24/2015 MJP Discuss replacing class rep with co-counsel. 0.25 500 1 $125 600 $1507/24/2015 SWA Review emails regarding settlement issues. 0.2 500 0 $0 600 $07/28/2015 MJP Review G.R. probate filing. Discuss notice to def counsel. 0.25 500 1 $125 600 $1507/28/2015 SWA Review emails and draft correspondence regarding client's death. 0.2 500 0 $0 600 $07/29/2015 MJP Letter to defense counsel notifying of G.R. death. 0.25 500 1 $125 600 $1507/29/2015 SWA Review correspondence from MJP to opposing counsel. 0.3 500 0 $0 600 $08/10/2015 MJP Discuss sub class rep with LY. RR J. Ho opposition to substitution. 0.25 500 1 $125 600 $1508/13/2015 BTC research Stream/Ignite's changes to IA compensation plan; email memos with

MJP, CMF, SWA, AK, and SR re same; research Ignite/Stream entities on Texas Secretary of State online business search site; email memos re same;

2.2 350 1 $770 350

$7708/13/2015 SWA Review materials sent by BTC re: Stream/Ignite. 0.75 500 1 $375 600 $4508/26/2015 MJP Review def motion to compel Griggs arbitration and discuss with AK. 0.25 500 1 $125 600 $150

9/4/2015 CMF Review emails re: Griggs case. 0.2 500 0 $0 600 $09/4/2015 MJP Review additional Griggs filings and discuss with AK. Discuss facts for intervention

with AK.0.5 500 1 $250 600

$300


9/4/2015 SWA Review emails re: related case. 0.3 500 0 $0 600 $09/8/2015 CMF Review emails re: Griggs case. 0.2 500 0 $0 600 $09/8/2015 MJP Review Griggs Response to Motion to Compel Arbitration. Discuss with co-

counsel.0.5 500 1 $250 600

$3009/8/2015 SWA Review emails re: related case. 0.2 500 0 $0 600 $09/9/2015 BTC prepare email research memo for MJP, SWA, CMF re Torres arbitration defense;

strategy with MJP, SWA, and CMF re same and draft motions4.5 350 1 $1,575 350

$1,5759/9/2015 CMF Review motion to strike defense from trial court and response briefs; emails

among team re: same.1 500 1 $500 600

$6009/10/2015 BTC research first-to-file rule and stay or transfer of related actions; email memos re

same to SWA; 2.9 350 1 $1,015 350

$1,0159/11/2015 BTC Emails to SWA re ftf and strategy 0.7 350 1 $245 350 $2459/11/2015 SWA Review revisions to motion to intervene; review numerous emails re: same; review

authorities from BTC; 2 500 0 $0 600

$09/14/2015 BTC research best pleading strategy for WDTX motion; prepare email res memo for

SWA and MJP re same and strategy re oc; review suggested edits by SWA and MJP re same; incorporate same

4.3 350 1 $1,505 350

$1,5059/14/2015 MJP BC research on right to raise arbitration defense. Review Griggs intervention

draft. Discuss with co-counsel..0.5 500 1 $250 600

$3009/14/2015 SWA Research case law and continue drafting and revising motion to intervene; emails

to/from BTC re: same.3 500 0 $0 600

$09/15/2015 BTC Continue draft motion; strategy with team re same 1.3 350 1 $455 350 $4559/15/2015 MJP Revise Griggs intervention draft. Discuss with co-counsel. 1.75 500 1 $875 600 $1,0509/15/2015 SWA Continue revisions to motion to intervene; emails to/from MJP and BTC. 1.75 500 0 $0 600 $09/16/2015 BTC review MJP email to SWA and BTC re strategy on pot mot to intervene; review

2010 5th Cir. order on arbitration clause; email to MJP and SWA re same; review Griggs pleadings; prepare email research memo to MJP and SWA re same; strategy with MJP and SWA re same;

3.9 350 1 $1,365 350

$1,3659/16/2015 MJP Final revisions to Griggs intervention draft. Discuss with AK. 2 500 1 $1,000 600 $1,2009/16/2015 SWA Revise motion to intervene; numerous emails re: same; review Fifth Circuit

opinion re: arbitration; review drafts of motion circulated by MJP and BTC. 1.5 500 1 $750 600

$9009/17/2015 MJP Discuss Griggs intervention class with co-counsel. 0.25 500 1 $125 600 $1509/17/2015 SWA Emails to/from MJP and BTC re: motion to intervene; review and revise motion to

intervene.1.5 500 1 $750 600

$9009/18/2015 CMF Review draft motion to intervene; offer comments to same and circulate to team 1.5 500 0 $0 600

$09/25/2015 BTC Review Griggs docket; email memos to MJP, SWA, CMF re same and strategy re

interpreting SDTX order on arbitration aff defense in Torres; 1.9 350 1 $665 350

$665


9/25/2015 MJP Review St. Gregory Cathedral order and opinion. E-mail to co-counsel on same. 0.5 500 1 $250 600$300

9/29/2015 BTC review Hoyt's orders; prepare email memo to MJP re potential arguments in our favor based on order denying past mot to strike D Smith affidavit

2.1 350 1 $735 350$735

10/1/2015 CMF Review Allstate v. Plambeck and cases cited therein; draft email with thoughts and comments on that case and how It relates to Stream matter.

3.2 500 1 $1,600 600$1,920

10/1/2015 MJP Discuss Plambeck case with co-counsel. Review drafts of m intervene Griggs with co-counsel.

0.5 500 1 $250 600$300

10/7/2015 SWA Review emails re: intervention in related matter. 0.2 500 0 $0 600 $010/8/2015 BTC Review CMF memo re Stream website admissions; strategy with CMF, MJP, SWA

re same; 0.8 350 1 $280 350

$28010/8/2015 CMF Research Stream website; email to team regarding same and its content 2.5 500 1 $1,250 600 $1,50010/8/2015 SWA Review emails re: intervention in related matter; review emails re: Stream public

statements/revenue.0.8 500 0 $0 600

$010/9/2015 SWA Review emails re: intervention in related matter. 0.2 500 0 $0 600 $0

10/10/2015 MJP Prepare for conference and attend status conference. 0.25 500 1 $125 600 $15010/14/2015 MJP Discuss Griggs intervention with AK. 0.25 500 1 $125 600 $15010/16/2015 BTC review 5th Cir adverse panel decision; strategy with MJP, SWA, and CMF re same;

review court order granting mot to place under seal; 2.8 350 1 $980 350

$98010/16/2015 CMF Review 5th Circuit opinion 1.2 500 1 $600 600 $72010/16/2015 MJP Review 5th Cir. Opinion overturning class certificaiton. TC with AK and EC on

same.3 500 1 $1,500 600

$1,80010/16/2015 SWA Review Fifth Circuit's opinion; emails re: same. 1.5 500 1 $750 600 $90010/19/2015 BTC review email from SMC to our appellate counsel re 5th Cir panel decision; strategy

with MJP, SWA, CMF re same; 1 350 1 $350 350

$35010/19/2015 CMF Numerous emails re: case strategy. 0.5 500 1 $250 600 $30010/19/2015 MJP E-mails with co-counsel re: appeal strategy. 0.5 500 1 $250 600 $30010/19/2015 SWA Numerous emails re: case strategy. 0.5 500 1 $250 600 $30010/20/2015 CMF Review draft correspondence to clerk; review blog entry re: appeal. 0.5 500 0 $0 600 $010/20/2015 SWA Review draft correspondence to clerk; review blog entry re: appeal. 0.5 500 0 $0 600 $010/23/2015 BTC review mot filed by EC re rescheduling deadline to file rehearing pet; strategy with

MJP, CMF, SWA re same1.6 350 1 $560 350

$56010/27/2015 BTC review ct order granting mot to extend time to file pet for rehearing; emails with

JB and MJP re same; strategy with SWA and CMF re pet for rehearing 0.9 350 1 $315 350

$31510/27/2015 CMF Review emails from SMC to Stream Team. 0.2 500 0 $0 600 $010/27/2015 MJP E-mails with co-counsel re: lifting stay and defense position. 0.25 500 1 $125 600 $15010/27/2015 SWA Review emails from Clearman to TG and Torres Team. 0.2 500 0 $0 600 $0


10/28/2015 CMF Review letter from AK to SMC. 0.1 500 0 $0 600 $010/28/2015 MJP Discuss SC harassment with EC. Review letter from AK to stop harassing EC. 0.25 500 1 $125 600

$15010/28/2015 SWA Review letter from AK to SMC. 0.2 500 0 $0 600 $010/30/2015 CMF Review rehearing petition to Fifth Circuit 1.75 500 1 $875 600 $1,05010/30/2015 MJP Review voice mail from def. counsel re: court's order for conference. Review FTC

denial of support.0.25 500 1 $125 600

$15010/30/2015 SWA Review rehearing petition to Fifth Circuit 1.75 500 0 $0 600 $0

11/2/2015 CMF Emails to/from MJP and SWA re: call with opposing counsel. 0.2 500 0 $0 600 $011/2/2015 MJP TC with defense counsel re: telephonic hearing. Discuss with co-counsel. 0.25 500 1 $125 600 $15011/2/2015 SWA Emails to/from MJP and CMF re: call with opposing counsel. 0.2 500 0 $0 600 $011/6/2015 BTC review second mot to extend time for rehearing; email to JB re same; strategy

with MJP, CMF, and SWA re same; 1.6 350 1 $560 350

$56011/12/2015 BTC review court order granting second mot to extend time file pet rehearing; 0.2 350 1 $70 350 $7011/12/2015 MJP Review and revise draft motion to lift stay. Review rehearing point from EC. 0.5 500 1 $250 600

$30011/12/2015 SWA Review draft motion to lift stay and court's order granting temporary injunction;

emails from Torres Team re: same.0.5 500 1 $250 600

$30011/13/2015 MJP Discuss possible amicus from Sean Shirey industry group. 0.25 500 1 $125 600 $15011/17/2015 MJP Discuss rehearing and St. Gregory case with co-counsel. Discuss Asian American

Hotel Owners Association with co-counsel.0.25 500 1 $125 600

$15011/18/2015 MJP Discuss Allstate case with S. Shirley. Discuss with co-counsel effect on our case. 0.25 500 1 $125 600

$15011/19/2015 MJP Discuss TINA amicus brief with co-counsel. 0.25 500 1 $125 600 $15011/20/2015 BTC review finalized filed pet for rehearing en banc; 1.3 350 1 $455 350 $45511/20/2015 CMF Review petition for rehearing en banc and MJP revisions to same; offer comments

to same; emails re: same.1.5 500 1 $750 600

$90011/20/2015 MJP Review and revise several versions of rehearing petition. 2.75 500 1 $1,375 600 $1,65011/20/2015 SWA Review petition for rehearing en banc and MJP revisions to same; emails re: same. 1.5 500 1 $750 600

$90011/23/2015 BTC review court order requesting paper copies of pet for reh en banc; 0.1 350 1 $35 350 $3511/24/2015 BTC review notice from court satisfying req for filing paper copies; 0.1 350 0 $0 350 $011/25/2015 BTC analyze "Truth in Advertising" amicus brief filed supporting our side; strategy with

SWA, CMF, MJP, JB re same; review mot by TIA and AARP for amicus brief supporting rehearing; strategy with SWA, CMF, MJP re same;

3.2 350 1 $1,120 350

$1,12011/25/2015 MJP Review TINA brief. Review motion to lift stay. 0.75 500 1 $375 600 $450


11/30/2015 BTC review court order granting mots to file amicus briefs; review action withdrawing AARP amicus; strategy with MJP re same; email to AK re same; email to JB re same;

0.9 350 1 $315 350

$31511/30/2015 SWA Review Fifth Circuit docket entries re: amicus brief. 0.1 500 0 $0 600 $0

12/1/2015 BTC review court order denying mot to file amicus by AARP; review appearance form by attorney for TIA; email from MJP re EC's assessment of denial of AARP's amicus; emails among MJP and JB re same;

2.3 350 1 $805 350

$80512/3/2015 BTC review 5th cir order directing response to our pet for rehearing en banc; strategy

with MJP, CMF, SWA re same; review notice of TIA filing copies of amicus brief; 1.5 350 1 $525 350

$52512/3/2015 CMF confer with team regarding 5th Circuit order 0.5 500 1 $250 600 $30012/4/2015 BTC review mot by AARP for reconsideration of denial of its request to file amicus

brief; strategy with MJP, CMF, SWA, JB re same; 1.6 350 1 $560 350

$56012/6/2015 BTC review defs mot for extension to respond to our pet for rehearing en banc; 0.5 350 1 $175 350

$17512/7/2015 MJP Review Herbalife dismissal. E-mails with RW. 0.5 500 1 $250 600 $30012/8/2015 MJP TC with RW and AK re: settlement. 0.25 500 1 $125 600 $150

12/11/2015 BTC review order granting defs mot for extension to resp to pet for reh en banc; 0.2 350 1 $70 350$70

12/16/2015 BTC review order granting AARP's mot for reconsideration of order denying it permission to file amicus; strategy with MJP, CMF, SWA re same; review filed amicus by AARP;

3.6 350 1 $1,260 350

$1,26012/16/2015 CMF Review order and AARP brief; confer with team regarding same 1.5 500 1 $750 600 $90012/21/2015 BTC review court notice of AARP amicus brief paper copies; analyze defs resp to our

pet for rehearing en banc; strategy with MJP, SWA, CMF, and JB re same; 3.5 350 1 $1,225 350

$1,22512/21/2015 CMF Review defendants' response to petition for rehearing en banc; confer with team 2.5 500 1 $1,250 600

$1,5002/2/2016 MJP Meet with co-counsel for moot court and preparation for oral argument. 8 600 1 $4,800 600 $4,8002/3/2016 MJP Attend oral argument, meet with co-counsel, and return to Houston. 9.5 600 1 $5,700 600 $5,700

2/4/16 BTC review oc mot to withdraw as counsel; review order granting defs oc mot withdraw;

0.2 350 1 $70 350$70

2/26/2016 SWA Receipt and review order resetting trial date; emails to/from BTC and CMF re: mediation; phone conference with MJP re: mediation.

0.4 600 1 $240 600$240

3/12/16 BTC review court order granting our pet for rehearing en banc; strategy with MJP, CMF, SWA re same; email memos to MJP, SWA, CMF re en banc panel; research en banc panel; email to MJP, SWA, CMF re same and oral argument; review email from SWA re en banc panel

2.8 350 1 $980 350

$980


3/12/16 CMF Review court order granting petition for rehearing; confer with MJP, SWA and BTC re: same; review memos from BTC re Fifth Circuit; review bios of court assembled by BTC; confer with team re same and strategy.

1 600 1 $600 600

$6003/12/16 SWA Review court order granting petition for rehearing; confer with MJP, CMF and BTC

re: same; review memos from BTC re Fifth Circuit; review bios of court assembled by BTC; confer with Torres Team re same and strategy.

1.3 600 1 $780 600

$7803/14/2016 MJP Review order granting en-banc appeal and discuss with co-counsel. 0.25 600 1 $150 600 $150

3/23/16 BTC review court notice re calendaring of oral argument for en banc rehearing; strategy with MJP, CMF, SWA re same;

0.5 350 1 $175 350$175

3/23/16 CMF Confer with MJP, BTC and SWA regarding oral argument en banc 0.5 600 1 $300 600 $3003/23/16 SWA Confer with BTC et al. re: court notice. 0.5 600 1 $300 600 $3003/24/16 BTC review notice of additional paper copies of appellant's brief filed by defs in light of

reh en banc; 0.1 350 1 $35 350

$353/25/16 BTC review multiple appearance forms for counsel; 0.3 350 0 $0 350 $0

3/25/2016 MJP Assist with coordinating record production for 5th circuit. Review Klein, Blum, In re Combustion, and Unition Asset cases.

1.25 600 1 $750 600$750

3/29/16 BTC work with counsel press re additional paper copies of briefing and record requested by court for en banc rehearing;

1 350 1 $350 350$350

3/30/16 BTC review court notice re filing of additional copies of briefing for en banc court by counsel press; emails with team re same;

0.1 350 1 $35 350$35

3/30/2016 MJP Phone call with Appellants concerning potential settlement. Review confirmation from 5th circuit of appellees filed copies of briefing and record excerpts. E-mails with co-counsel re: same.

0.6 600 1 $360 600

$3603/31/2016 MJP Review orders of court. Give case update to JB. 0.2 600 1 $120 600 $120

4/5/2016 MJP Multiple e-mails with co-counsel re: meeting with FTC. 0.3 600 1 $180 600 $1804/8/16 BTC analyze defs suppl brief filed for pet for reh en banc; 0.7 350 1 $245 350 $245

4/11/16 BTC strategy with SWA and CMF re defs' suppl brief for reh en banc; review court not re paper copies filed by defs;

0.4 350 1 $140 350$140

4/11/16 CMF Confer with BTC and SWA re: supplemental brief for rehearing. 0.4 600 1 $240 600 $2404/11/2016 MJP Read Appellants' Supplemental En Banc appeal. 3 600 1 $1,800 600 $1,800

4/11/16 SWA Confer with BTC and CMF re: supplemental brief for rehearing. 0.4 600 1 $240 600 $2404/12/2016 MJP Call with AK and EC re: response to Appellants' brief and meeting with FTC.

Review expert's report, research various FTC cases, and prepare for meeting with FTC. Travel to Washington, D.C. for FTC meeting.

8 600 1 $4,800 600

$4,8004/13/2016 MJP Meet with EC to prepare for meeting. Meet with FTC. Discuss with EC. Return to

Houston.9 600 1 $5,400 600

$5,4004/15/16 BTC review mot by Stream-friendly IA's to file amicus; strategy with MJP, SWA, CMF re

same; review mot by US Chamber of Commerce to file amicus for pet for reh en banc; strategy with MJP, CMF, SWA, JB re same;

2 350 1 $700 350

$700


4/15/16 CMF Review request to file amicus by former IA; confer with with MJP, BTC and SWA re: same; review request to file amicus by CC ; confer with MJP, BTC, SWA and JB re same.

1.5 600 1 $900 600

$9004/15/16 SWA Review request to file amicus by former IA; confer with with MJP, BTC and CMF re:

same; review request to file amicus by CC ; confer with MJP, BTC, CMF and JB re same.

2 600 1 $1,200 600

$1,2004/18/16 BTC review court order granting Stream-friendly IA's request to file amicus; review

order by court granting US Chamber request to file amicus; strategy with MJP, CMF, SWA re same;

1.1 350 1 $385 350

$3854/18/16 CMF Review court orders granting request to file amicus; confer with BTC, MJP and

SWA re: same. 0.2 600 0 $0 600

$04/18/16 SWA Review court orders granting request to file amicus; confer with BTC, MJP, CMF re:

same. 0.4 600 1 $240 600

$2404/20/16 BTC review court notice re paper copies filed by amici; 0.1 350 0 $0 350 $0

4/20/2016 MJP Review former IA brief. Research inferred reliance supportiing cases and report to EC. Review and revise motion for extension.

3 600 1 $1,800 600$1,800

4/26/16 BTC review mot filed by Stream-friendly IA amici to participate in oral argument; strategy with MJP, CMF, SWA re same; review appearance forms filed by counsel for amici;

1.6 350 1 $560 350

$5604/26/16 CMF Confer with BTC, MJP, SWA re amicus. 0.3 600 0 $0 600 $0

4/26/2016 MJP Review amicus brief by former Ias and discuss with EC. Discuss meeting with FTC with JB. Review portions of brief filed by St. Gregory plaintiffs and discuss with counsel for same; send to co-counsel.

1 600 1 $600 600

$6004/26/16 SWA Confer with BTC, MJP, CMF, re amicus. 0.3 600 0 $0 600 $0

4/27/2016 MJP Review applt. Motion to split time. Review draft response and respond to same. Research into idnetities and status of amic IA's and discuss with co-counsel. Discuss reliance issue with co-counsel. Review class cert. brief reply. Review portions of Couighlan report. Review invoice and communications on DTI database. Review additional information on IA amici and discuss with co-counsel.

2.4 600 1 $1,440 600

$1,4404/28/16 BTC review EC's finalized response to mot to participate in oral argument filed by

Stream-friendly amici; strategy with MJP, CMF, SWA, JB re same; strategy with MJP re edits to brief and working with Counsel Press to screen for compliance; review reply in support of mot for leave to participate in oral arg by Stream-friendly IAs; strategy with MJP, CMF, SWA re same;

2.6 350 1 $910 350

$9104/28/16 CMF Confer with MJP, SWA, BTC and JB re amicus and participation in oral argument. 0.3 600 0 $0 600

$04/28/16 SWA Confer with MJP, CMF, BTC and JB re amicus and participation in oral argument. 0.3 600 0 $0 600

$0


5/3/2016 MJP Discuss appellate positions and briefing issues with EC and AK. Review e-mails and jury form from SC and discuss SC with EC and AK. E-mails with Sean Shirley re: amici SCOTUS denial in Allstate case, and re: amici briefs.

1.5 600 1 $900 600

$9005/4/16 BTC review court order denying Stream-friendly IA s' mot to partic in oral argument;

strategy with SWA, MJP, CMF re same; 0.8 350 1 $280 350

$2805/4/16 CMF Confer with MJP, BTC, SWA re: denial to participate in oral argument; review draft

en banc brief prepared by EC; draft comments and suggestions to same.2.3 600 1 $1,380 600

$1,3805/4/2016 MJP Begin review of draft response brief from EC. 1.2 600 1 $720 600 $720

5/4/16 SWA Confer with MJP, BTC, CMF re: denial to participate in oral argument. 0.2 600 0 $0 600 $05/5/16 CMF Continue review of draft en banc brief prepared by EC and continue draft

comments and suggestions to same; circulate to team.1.5 600 1 $900 600

$9005/5/2016 MJP Thorough review of EC brief, revise same with comments to EC and AK. Discuss

with co-counsel and incorporate other counsel's proposed revisions into comments to EC. Multiple additional discussion among co-counsel re: briefing strategy. Discuss schedule for oral argument with co-counsel.

5.8 600 1 $3,480 600

$3,4805/6/2016 MJP Begin review of Friday draft. Discuss with co-counsel. Review appellate record

and copy electronic record.1.8 600 1 $1,080 600

$1,0805/7/2016 MJP Review revised draft appellee brief from EC. Begin record cite search. 1.6 600 1 $960 600 $9605/8/2016 MJP Review AK comments to brief. 1.2 600 1 $720 600 $720

5/9/16 BTC review finalized suppl brief filed by EC; strategy with MJP, SWA, CMF re same; 2.8 350 1 $980 350$980

5/9/16 CMF Review final supplemental brief; confer with with BTC, MJP, and SWA re same. 1.5 600 1 $900 600$900

5/9/2016 MJP Review multiple versions of appellee's brief. Revise same. Search record for various cites and for admissions by defendants. Discuss all with co-counsel in mulitple communications. Scan filing draft for obvious errors.

6.5 600 1 $3,900 600

$3,9005/9/16 SWA Review final supplemental brief; confer with with BTC, MJP, and CMF re same. 1.5 600 1 $900 600

$9005/10/16 BTC review court notice of deficiency in caption of suppl brief; review proposed

sufficient suppl brief filed by EC; 0.4 350 1 $140 350

$1405/10/2016 MJP Assist with preparing brief for filing. 0.25 600 1 $150 600 $150

5/11/16 CMF email from/to MJP regarding new class reps; offer suggestions to same. 0.2 600 1 $120 600 $1205/11/2016 MJP Discuss with AK and BC strategy and need for additional class reps. Discuss with

SA and CF.0.3 600 1 $180 600

$1805/12/16 BTC review court notice re paper copies of suppl briefing; 0.1 350 0 $0 350 $0


5/13/16 BTC review mot by Public Citizen to file amicus brief; strategy with MJP, CMF, SWA re same; review appearance form for Public Citizen;

1.7 350 1 $595 350$595

5/13/16 SWA Review request to file amicus brief; confer with MJP, CMF, and BTC re: same. 0.3 600 1 $180 600$180

5/16/16 BTC review court notice of additional appearance forms filed by counsel; review mot by TIA to file amicus brief; strategy with CMF, SWA, MJP re same; strategy with MJP, CMF, SWA re bankruptcy receiver for Fortune Hi-Tech suing former distributors to recover payments made them by the pyramid scheme; analyze amicus filed by AARP; strategy with SWA, MJP, CMF re same;

1.1 350 1 $385 350

$3855/16/16 CMF Review request to file amicus brief; confer with BTC, SWA, and MJP re same;

confer with MJP, SWA, and BTC re related pyramid case; begin review of amicus briefe filed by AARP and confer with BTC, MJP, and SWA re same.

0.3 600 1 $180 600

$1805/16/2016 MJP Thorough review of as-filed appellee's brief; Review brief of Public Citizen;

Research statements made by P. Carmona and J. Mariano and review depos of same. Determine confidentiality status of same. Discuss all with co-counsel

3.8 600 1 $2,280 600

$2,2805/16/16 SWA Review request to file amicus brief; confer with BTC, CMF, and MJP re same;

confer with MJP, CMF, and BTC re related pyramid case; begin review of amicus briefe filed by AARP and confer with BTC, MJP, and CMF re same.

0.3 600 1 $180 600

$1805/17/16 BTC email to MJP, CMF, SWA re AARP amicus brief; review notice from court of no

action taken on AARP amicus brief; 0.4 350 1 $140 350

$1405/17/16 CMF Review email from BTC re AARP amicus brief. 0.2 600 0 $0 600 $0

5/17/2016 MJP Review AARP brief. 0.5 600 1 $300 600 $3005/17/16 SWA Review email from BTC re AARP amicus brief. 0.2 600 0 $0 600 $05/18/16 BTC review court order granting AARP mot to file amicus; review suppl amicus brief

filed by TIA; strategy with MJP, CMF, SWA re same; review suppl amicus brief filed by AARP; review order granting mot by Public Citizen to file amicus brief; analyze amicus filed by Public Citizen; strategy with MJP, CMF, SWA re same

1.3 350 1 $455 350

$4555/18/16 CMF Conferences with BTC, MJP, and SWA re: amicus briefs. 0.5 600 0 $0 600 $05/18/16 SWA Conferences with BTC, MJP, and CMF re: amicus briefs. 0.5 600 0 $0 600 $05/19/16 BTC Analyze 28(j) letter with "supplemental authorities" from pro-Stream IA's; Emails

to and from JB re same; strategy with MJP, SWA, CMF re same; review court notice re copies of TIA amicus; emails from and to SWA re pro-Stream IA's' filed declaration; emails among MJP and JB re JB's attendance;

2.2 350 1 $770 350

$770


5/19/16 CMF Confer with MJP, BTC and SWA re supplemental authority filing; emails from and to BTC re IA's filed declaration.

0.3 600 0 $0 600$0

5/19/2016 MJP Coordinate en banc hearing logistics. Review former IA suplemental authorities and discuss with co-counsel.

0.5 600 1 $300 600$300

5/19/16 SWA Confer with MJP, BTC and CMF re supplemental authority filing; emails from and to BTC re IA's filed declaration.

0.3 600 0 $0 600$0

5/20/16 BTC Emails to and from appellate counsel and plaintiffs' team re appellate counsel's draft response to the Pro-Stream IA's Rule 28(j) supplemental authorities letter; Review Appellate counsel's draft Rule 28(j) response and request to file with certificate of service; Edit and supplement draft Rule 28(j) response per appellate counsel's request; Emails to and from appellate counsel re filing same

2.1 350 1 $735 350

$7355/20/2016 MJP Review response to IA 28j letter. 0.25 600 1 $150 600 $150

5/23/16 BTC prepare materials for en banc oral argument; strategy with MJP, CMF, SWA re same;

3.3 350 1 $1,155 350$1,155

5/23/16 CMF Confer with MJP, SWA and BTC re: materials for oral argument; travel to NOLA for hearing

8.5 600 1 $5,100 600$5,100

5/23/16 SWA Confer with MJP, CMF, and BTC re: materials for oral argument. 0.2 600 1 $120 600 $1205/24/16 CMF Prepare for and attend oral argument; travel from NOLA to Houston 8 600 1 $4,800 600 $4,800

5/24/2016 MJP Travel to N.O., meet with co-counsel, and prepare for oral argument. 8 600 1 $4,800 600 $4,8005/25/16 BTC review oral argument for en banc hearing; emails with DW and SR re same; 1 350 1 $350 350

$3505/25/2016 MJP Attend oral argument at en banc rehearing. Discuss with co-cousnel, return to

Houston.9 600 1 $5,400 600

$5,4005/31/2016 MJP Discuss settlement strategy with co-counsel. 0.25 600 1 $150 600 $1506/17/2016 MJP Begin research on new class rep. 0.5 600 1 $300 600 $3006/20/2016 MJP Begin review of RJR Nabisco decision. 1.5 600 1 $900 600 $9006/21/2016 MJP Finish review of RJR Nabisco decision. Research law on domestic injury. 3 600 1 $1,800 600 $1,8007/13/2016 MJP Meet with AK re: case strategy. 2.5 600 1 $1,500 600 $1,500

8/5/2016 SWA Begin review of defendants' expert reports; email from staff re: case expenses. 2 500 1 $1,000 600$1,200

9/30/16 BTC review 5th Cir en banc opinion reversing panel in our favor; strategy with MJP, CMF, SWA re same; emails with EC, JB, AK, MJP re same;

2.9 350 1 $1,015 350$1,015

9/30/16 CMF Review en banc opinion; confer with MJP, SWA and BTC re same. 2 600 1 $1,200 600 $1,2009/30/2016 MJP Review majority opinion from en banc Fifth Circuit. Discuss with co-counsel. 3.5 600 1 $2,100 600

$2,1009/30/16 SWA Review en banc opinion; confer with MJP, CMF, and BTC re same. 2 600 1 $1,200 600 $1,200


10/3/2016 MJP Review dissenting opinions from en banc Fifth Circuit. Draft press releases. 2.75 600 1 $1,650 600$1,650

10/4/16 BTC Email from CMF re Law 360 articles on en banc court opinion 0.2 350 1 $70 350 $7010/4/16 CMF Research IP360 article regarding en banc opinion 0.3 600 1 $180 600 $180

10/4/2016 MJP Review sample motions and correspondence re: law on defendants' attempts to conduct discovery on absent class members. Discuss mandate, stay, and SCOTUS certification with co-counsel. Discuss Stream's defenses and trial strategy with co-counsel.

1.75 600 1 $1,050 600

$1,05010/4/16 SWA Review email and article from CMF re Law 360 articles opinion. 0.3 600 1 $180 600 $180

10/5/2016 MJP E-mails from EC and AK re: appellants' request for extension. 0.25 600 1 $150 600 $15010/6/2016 MJP E-mail to JH re: request for extension and stay issues. 0.25 600 1 $150 600 $150

10/7/16 BTC review defs' opposed mot for rehearing of en banc opinion; strategy with MJP, CMF, SWA re same; review finalized resp to same filed by EC; strategy with MJP, CMF, SWA re same; emails with JB re same; review reply filed by defs; strategy with MJP, CMF, SWA re same; review court order granting defs mot for exension to file pet for reh on en banc opinion;

3.8 350 1 $1,330 350

$1,33010/7/16 CMF Review mot for rehearing of en banc opinion; confer with with MJP, BTC, and CMF

re: same; review response to same; confer with MJP, CMF, and BTC re: same.1.5 600 1 $900 600

$90010/7/2016 MJP Review applt. Motion for extension to file m. rehearing, draft response, filed

response, applt's reply, and attorney comment on same. Review notice of granting of same.

1 600 1 $600 600

$60010/7/16 SWA Review mot for rehearing of en banc opinion; confer with with MJP, BTC, and CMF

re: same; review response to same; confer with MJP, CMF, and BTC re: same.1.5 600 1 $900 600

$90010/8/16 BTC emails with JB re 5th Cir's earlier orders to stay SDTX proceedings; 0.4 350 1 $140 350 $140

10/17/2016 MJP Download and review 5th Circuit Civil Rico Pattern Jury Instructions. Review history of Clearman filings with respect to removal. Send to AK with analysis.

2 600 1 $1,200 600

$1,20010/21/2016 MJP Discuss potential stay pending petition, potential settlement strategies, and

further case proceedings with EC.0.25 600 1 $150 600

$15010/26/2016 MJP Breakfast with JB to discuss case status and strategy. Discuss substitutin of Estate

for GR and additional class reps.1 600 1 $600 600

$60010/28/16 BTC analyze defs pet for rehearing; strategy with MJP, CMF, SWA re same; review

court notice for copies of same;0.9 350 1 $315 350

$31510/28/16 SWA Confer with BTC, MJP, CMF re: petition for rehearing. 0.3 600 0 $0 600 $0

10/30/2016 MJP Review Stream's petition for rehearing. 0.75 600 1 $450 600 $450


10/31/16 BTC research response timing; strategy with MJP re same; email memos to MJP re same;

2.4 350 1 $840 350$840

10/31/2016 MJP TC with AK re: petition for rehearing. Discuss rule re: no response with BC and EC. 0.25 600 1 $150 600$150

11/1/16 BTC review notice of copies filed of defs pet for reh; email memo to JB re response to same;

0.3 350 1 $105 350$105

11/2/16 BTC review court notice of additional copies requested of pet for reh; review letter from 5th Cir saying the court would recharacterize defs' pet for reh as one for reh en banc given earlier en banc; email to MJP, CMF, SWA re same; strategy with same re same; email to JB re same; review court order directing date for response to defs pet for reh; email to MJP, CMF, SWA, JB re same; strategy with MJP, CMF, SWA re same; emails from and to EC, MJP, AK and TG re response to defs' pet for reh and call re same;

2 350 1 $700 350

$70011/2/16 CMF Review email from BTC re: petition for rehearing; confer re: same. 0.4 600 1 $240 600 $240

11/2/2016 MJP Review notices and corrections from 5th circuit and discuss with co-counsel. Search master data file and sort for relevant members. Save sub file, sort and select potential witnesses. E-mail to JB and BC re: same, with witness questions. E-mail from SC; e-mail to AK re: same.

3.25 600 1 $1,950 600

$1,95011/2/16 SWA Review email from BTC re: petition for rehearing; confer re: same. 0.4 600 1 $240 600 $24011/3/16 BTC strategy with MJP re strategy call with EC and AK re resp to defs' pet for reh; 0.2 350 1 $70 350

$7011/3/2016 MJP Calls with AK and EC re: potential response to Pet. Rehearing. Calls and e-mails

with EC re: SC demands. Begin research for response to Pet. Rehearing.1.75 600 1 $1,050 600

$1,05011/4/2016 MJP Legal research of cases cited by applts in pet/reh. Discuss oral argument with BC. 2 600 1 $1,200 600

$1,20011/6/2016 MJP Continue review of cases cited by appellants in pet/rehearing. 1.75 600 1 $1,050 600 $1,050

11/7/16 BTC review court notice for copies of def pet for reh; 0.1 350 0 $0 350 $011/7/2016 MJP Continue drafting response to pet. Rehearing. 0.75 600 1 $450 600 $45011/8/2016 MJP Complete first draft of resp. to pet. Rehearing and send to EC. 4.5 600 1 $2,700 600 $2,70011/9/2016 MJP Discuss waiver argument with BC and JB. Discuss response with EC. 0.5 600 1 $300 600 $300

11/10/2016 MJP Review cases on waiver and FRAP on reh en banc. Complete second draft of resp. to pet. Rehearing, discuss with co-counsel, send to EC and TC with same.

4.25 600 1 $2,550 600

$2,55011/11/2016 MJP Call with AK re: response, resolution, and continued prosecution of case. Call with

EC re: response. E-mails with JB. Discuss with BC. Review revisions from EC, revise same, review prior briefing form, discuss with BC.

2.5 600 1 $1,500 600

$1,50011/14/2016 MJP Review revisions by BC and discuss with same. 0.75 600 1 $450 600 $450


11/15/16 BTC review and edit appellee brief; finalize and file same; 2.7 350 1 $945 350 $94511/15/2016 MJP Final revisions to response. Check citations glossary. E-mails to co-counsel re:

same. Multiple revision discussions with co-counsel.2.25 600 1 $1,350 600

$1,35011/16/16 BTC review court notice re correcting electronic filing; emails from and to MJP re same;

t/c with court re same; refile same; 0.8 350 1 $280 350

$28011/16/2016 MJP Review notice of incorrect filing code; discuss with BC for correction. 0.25 600 1 $150 600 $150

11/18/16 BTC emails with Counsel Press re filing required copies of appellee brief; t/c with court; emails with MJP re same;

3.3 350 1 $1,155 350$1,155

11/20/16 BTC review mot filed by defs for leave to file reply; strategy with MJP, CMF, and SWA re same;

1.1 350 1 $385 350$385

11/20/16 SWA Review request for leave to file reply brief; confer with MJP, CMF, and BTC re: same.

0.5 600 0 $0 600$0

11/28/2016 MJP Prepare draft terms for SC and send to AK. Discuss wth same in phone call. 0.5 600 1 $300 600$300

11/29/16 BTC review court order denying defs' pet for rehearing; review court order denying as moot defs mot for leave to file reply; strategy with MJP, CMF, SWA re same and strategy and likely def SCOTUS petition

1.3 350 1 $455 350

$45511/29/16 SWA Review court order denying petition for rehearing motion for leave; confer with

MJP, CMF, and BTC re: same and potential petition for cert. 0.6 600 1 $360 600

$36011/30/16 BTC review article by potential expert Fitzpatric re recent 5th cir opinions in our case;

prepare email memo to MJP, CMF, SWA re same; 1 350 1 $350 350

$35011/30/16 CMF Review email memo from BTC re: potential expert. 0.3 600 1 $180 600 $180

11/30/2016 MJP Strategy call with AK and EC. Second call with AK. Discuss with CF. 0.75 600 1 $450 600 $45011/30/16 SWA Review email memo from BTC re: potential expert. 0.3 600 1 $180 600 $180

12/1/16 BTC email memo from MJP re t/c with AK and EC and strategy for filing motions immediately after issuance of 5th Cir mandate relating to substitute class rep and new class rep, suggestion of death re E Robison, etc; begin drafting three motions; research same; email memos to MJP re same;

8.2 350 1 $2,870 350

$2,87012/1/2016 MJP Review CR letters testamentary. Discuss notice with co-counsel. Research FRCP

25 and RICO survival of death. Review Schilling case.0.75 600 1 $450 600

$45012/2/16 BTC continue drafting three motions re substitute class reps and C Robison as estate

rep for E robison; continue researching same; email memos to MJP re same; draf t motion to SDTX for status conference;

8 350 1 $2,800 350

$2,80012/2/2016 MJP Call with co-counsel on substituting class reps. Review suggestion of death notice

and draft letter to defendants. Review potential class rep credentials.0.5 600 1 $300 600

$300


12/6/16 BTC review defs mot under seal; emails with AK and SR re same; emails with MJP re same; emails bet MJP and EC re same; access and review defs mot for stay pending Supreme Court petition for cert; strategy with SWA and CMF re same;

1.2 350 1 $420 350

$42012/6/16 CMF Confer with CMF and BTC re: defendants' motion to stay pending cert to SCOTUS. 0.3 600 1 $180 600

$18012/6/2016 MJP Prepare motion for telephonic status conference. Review AK Letter to defense

counsel re: various issues.0.5 600 1 $300 600

$30012/6/16 SWA Confer with CMF and BTC re: defendants' motion to stay pending cert to SCOTUS. 0.3 600 1 $180 600

$18012/7/16 BTC emails with Dward re defs mot for stay pending Supreme Court pet; review order

from court granting defs mot to stay mandate pending writ of cert petition to USSCT; email to JB re same; strategy with SWA, CMF, MJP re same; email to AK re same; emails with MJP re DTI database and preparing hearing notebooks; review SMC email re same; email from JB re same; strategy with MJP re saem;

2.3 350 1 $805 350

$80512/7/16 CMF Review order granting motion to stay mandate; confer with BTC, CMF, MJP re

same.0.4 600 1 $240 600

$24012/7/2016 MJP Review defense motin for stay mandate at 5th Circuit and order granting same.

Discuss with co-counsel.0.25 600 1 $150 600

$15012/7/16 SWA Review order granting motion to stay mandate; confer with BTC, CMF, MJP re

same.0.4 600 1 $240 600

$2401/26/2017 MJP Review order denying rehearing at 5th. 0.25 600 1 $150 600 $150

2/2/17 BTC Review notices of appearance of new attorneys for defendants, including Robert Walters and others at Gibson Dunn; correspondence from and to old attorneys for defendants re non-opposition to their withdrawal; review defendants' filed notice of withdrawal; review order from court granting same;

0.90 350 1 $315 350

$3152/2/2017 MJP Call from J. Guild re: withdrawal. E-mails with AK re: same. E-mail to Guild; review

motion and order on same.0.5 600 1 $300 600

$3002/3/2017 MJP Review Appellants' application for extension to file writ of cert; discuss with EC. 0.25 600 1 $150 600

$1502/16/2017 MJP E-mails among co-counsel re: second extension and timing of submission to

SCOTUS. Con call with EC and AK re: same and re: potential lifting of stay at 5th, and re: avoiding potential interference by SC.

0.75 600 1 $450 600

$4502/28/2017 MJP E-mails among co-counsel re: Luke Thomas PoA and background. 0.25 600 1 $150 600 $150

3/1/2017 MJP Call with J. Burnett re: meeting with Luke Thomas. 0.25 600 1 $150 600 $1503/7/2017 BTC strategy with MJP re preparing pattern charges for remand trial and trial prep;

research same; email memoranda re same; 2 350 1 $700 350

$700


3/7/2017 MJP Review file for information on 5th circuit pattern jury instrucitons and for draft jury charges. Several e-mails with BC re: same. Begin review of jury charge material.

0.75 600 1 $450 600

$4503/8/2017 BTC Continue to research RICO class action jury charges; emails with American Bar

Association re same; 1.8 350 1 $630 350

$6303/8/2017 MJP Meet with Luke Thomas and J. Burnett. Report results of meeting to co-counsel. 3.25 600 1 $1,950 600

$1,9503/14/2017 BTC Continue to research and compile RICO class action jury charges; begin compiling

chart re same; 8.9 350 1 $3,115 350

$3,1153/17/2017 CMF Review 5th Cir. order denying defs pet for rehearing en banc; confer with CP team

regarding same0.50 500 0 $0 600

$03/31/2017 BTC emails from and to JB re class rep and research memo re deceased reps

substitution; strategy with team re same; 0.8 350 1 $280 350

$2803/31/2017 MJP Report and memo from JB re: new class rep. 0.25 600 1 $150 600 $1503/31/2017 SWA Review email from BTC and memo prepared by JB 0.2 600 0 $0 600 $04/10/2017 MJP Call from Adam Bottner re: DTI database and conflict of interest waiver request

from Gibson Dunn.0.25 600 1 $150 600

$1504/11/2017 MJP E-mails with AB re: DTI database and Gibson Dunn. Review database preservation

option and forms for same. E-mails with co-counsel re: same. Follow-up e-mails with DTI.

0.5 600 1 $300 600

$3004/14/2017 BTC research class action legal updates for case 3.1 350 1 $1,085 350 $1,0854/14/2017 MJP AK agreement on conflict waiver; send to DTI. 0.25 600 1 $150 600 $1504/18/2017 MJP Sign and send Data Disposition Form to DTI, with instructions. 0.25 600 1 $150 600 $1504/19/2017 MJP Communicate with A. Botner re: disposition of Stream database. 0.25 600 1 $150 600 $1504/28/2017 CMF Review Stream's petition for cert. 0.2 600 0 $0 600 $04/29/2017 MJP Initial review of Petitioners' Brief for Certiorari. 1.5 600 1 $900 600 $900

5/1/2017 SWA Review petition for certiorari 1 600 1 $600 600 $6005/2/2017 CMF Review multiple emails among team regarding waiver issue. 0.3 600 0 $0 600 $05/2/2017 MJP Review e-mails from and bewtween S. Clearman, EC, and TG re: Clearman's threat

to file a waiver. Discuss with co-counsel, including JB.0.5 600 1 $300 600

$3005/2/2017 MJP Discuss waiver option with co-counsel. 0.25 600 1 $150 600 $1505/2/2017 SWA Receipt and review emails from SMC and MP. 0.2 600 0 $0 600 $05/3/2017 CMF Review emails among team regarding waiver issue. 0.2 600 0 $0 600 $05/3/2017 MJP Call with AK re: case strategy. Conf. call with EC and AK re: strategy in Supreme

Court and preventing Clearman from interfering with appellate strategy.1 600 1 $600 600

$6005/3/2017 MJP TC with EC and AK re: waiver issue and Supreme Court timing. 0.5 600 1 $300 600 $300


6/2/2017 CMF Review CATO Institute's amicus brief and summary of same on its website; summarize in email to team

0.8 600 1 $480 600$480

6/2/2017 MJP Initial review of amicus Moller and amicus Cato. Send to EC. 1.75 600 1 $1,050 600 $1,0506/2/2017 SWA Brief review of amicus briefs - CATO/Moller; emails re: same. 0.6 600 1 $360 600 $360

7/14/2017 BTC Review EC draft BIO; strategy with team re same; review CMF draft edits 1.1 350 1 $385 350 $3857/14/2017 CMF Review draft BIO prepared by EC to Stream's petition for cert; draft proposed edits

and send to BTC.2.5 600 1 $1,500 600

$1,5007/14/2017 MJP Receive original data from DTI. Review DTI correspondence and e-mail to A.

Bottner re: same. Research payments to DTI.0.25 600 1 $150 600

$1507/14/2017 SWA Review draft brief in opposition to petition for certiorari to SCOTUS. 0.6 600 1 $360 600 $3607/16/2017 MJP Initial review of draft response to petitioners' brief. 0.75 600 1 $450 600 $4507/17/2017 BTC Email to CMF re proposed edits to EC B.I.O. 0.2 350 1 $70 350 $707/17/2017 MJP Continued review of draft response brief. Revise same. E-mail to EC and AK re:

points to consider. Review Bridge and panel decisions.3.5 600 1 $2,100 600

$2,1007/21/2017 MJP E-mails with EC re: BIO deadline. TC with EC re: same and re: consideration of

issues in BIO to avoid problems in trial court.0.25 600 1 $150 600

$1507/24/2017 MJP Review morning draft of BIO. Initial review of evening draft. 1.25 600 1 $750 600 $7507/25/2017 MJP Complete review of latest BIO draft, revise same, and send to EC with comments. 2.5 600 1 $1,500 600

$1,5007/26/2017 BTC Emails forwarded from team by MJP re Dkt. 219 listing defendants other than Paul

Thies and need to research defendants; research same; emails among team re same; review draft Supreme Court brief; edit and supplement same; strategy with MJP re same; ;

3.9 350 1 $1,365 350

$1,3657/26/2017 MJP Review fn. 1 of application for extension. Compare with those listed in Parties to

Proceeding of Petition, and defendants listed in Doc. 219 in trial court. Discuss with EC. Verify comparison of statement of parties to fn 1 of application and discuss with EC. Begin review of new draft BIO.

1.5 600 1 $900 600

$9007/27/2017 BTC research latest developments in Griggs matter for possible impact on this case;

strategy with MJP and others re same; continue editing and proofing supreme court brief; strategy with MJP re same; emails with E Citron re edits to brief; emails among MJP and JB re same

4.2 350 1 $1,470 350

$1,4707/27/2017 MJP Review several drafts of BIO, make suggestions for revisions to same. Discuss cite

checks with BC. Review final BIO. Discuss with co-counsel.3 600 1 $1,800 600

$1,800


7/28/2017 BTC Strategy email from MJP re jury charges for Stream; additional research re same; email legal research memorandum re same and deference of 5th Cir. to 11th Cir. charges; strategy with MJP re integrating RICO and class jury charges; emails among team re filed opposition brief at U.S. Supreme Court; email legal research memo re EDNY securities fraud jury charge and fraud by omission issues; research additional Plambeck charges; strategy with MJP re same

7.6 350 1 $2,660 350

$2,6607/28/2017 MJP Review Plambeck jury charge and discuss jury charge issues with BC. 1.25 600 1 $750 600 $7507/28/2017 SWA Review final opposition to petition for certiorari to SCOTUS and emails re: same. 0.3 600 1 $180 600

$1808/8/2017 BTC Review filings in Griggs case, including appeal, for potential implications for this

case; 0.5 350 1 $175 350

$1758/14/2017 BTC review defs reply brief 1.6 350 1 $560 350 $5608/15/2017 MJP Review Stream reply to cert response brief. 0.75 600 1 $450 600 $4508/25/2017 BTC Review filings in Griggs case, for potential implications for this case; 0.1 350 1 $35 350 $358/28/2017 BTC Review Griggs case for potential implications for our case 0.1 350 1 $35 350 $359/25/2017 MJP Check on status of SCOTUS review and discuss with JB. 0.25 600 1 $150 600 $1509/26/2017 MJP Discuss jury charge with BC. 0.25 600 1 $150 600 $15010/2/2017 BTC Review reports re defendants' attorney James Ho's nomination for 5th Cir;

strategy with team re same; research case law and court rules on effect and timing of Supreme Court mandate; prepare email research memo re same; strategy with MJP re same; emails among MJP and team re same and need for suggestion of death, motion to substitute, motion to add new class reps; and possible amended complaint; strategy re same

2.3 350 1 $805 350

$80510/2/2017 MJP Review list of petition denials. TC with JB re: Luke Thomas, case strategy. Discuss

with BC madate issue and e-mail to co-counsel re: same and re: Luke Thomas, substitution of Chris Robison, and various motions to file.

0.75 600 1 $450 600

$45010/4/2017 MJP Continue review of motions to file upon remand. Discuss class notification with

Dahl. E-mails with same. Discuss with co-counsel. TC with EC.1.25 600 1 $750 600

$75010/9/2017 MJP E-mail with quotation and cases from Dahl Administrators; e-mail to co-counsel re:

same. TC with EC re: case strategy.0.75 600 1 $450 600

$45010/12/2017 BTC Review notice from 5th Cir. re receipt of U.S. Supreme Court denial of defendants'

petition for certiorari; review order from SDTX re same; 0.5 350 1 $175 350

$17510/13/2017 BTC Review Notice filed by SMC; strategy with CMF and MJP re same; 0.3 350 0 $0 350 $010/13/2017 CMF Review Notice filed by SMC; confer with BTC and MJP re same; 0.3 600 1 $180 600 $180


10/17/2017 BTC Review discovery document status in preparation for restart of SDTX case; strategy with MJP re same; review mandate issued by 5th Circuit; strategy re same; strategy with MJP re motion to substitute class rep and suggestion of death filings; update and supplement same; emails with appellate counsel E Citron re same and suggestion of death and motion to subst class counsel filings; legal research to supplement same; email research memoranda re same;

7.1 350 1 $2,485 350

$2,48510/17/2017 MJP Review mandate and send to co-counsel. Review and revise notice of death and

motion to substitute. E-mails with co-counsel re: same.1.5 600 1 $900 600

$90010/17/2017 SWA Receipt and review mandate; review emails to from Torres Team. 0.3 600 1 $180 600 $18010/18/2017 BTC Continue editing and supplementing motions for new class rep plaintiffs; strategy

with MJP re same; emails among MJP and team re same and depositions of new clients and case strategy; edit and supplement new class rep motions and docs; strategy with MJP re additional research needed to prepare for litigating this phase of the case; analyze motion for judgment on pleadings filed by defendants; strategy with MJP and CMF re same; begin drafting response; strategy with CMF re status of Griggs case and implications for this case; analyze defendants' filed motion to stay class notice and lengthy appendix in support of same;

8.3 350 1 $2,905 350

$2,90510/18/2017 CMF Confer with BTC re status of Griggs case and implications for this case; review

defendants' filed motion to stay class notice and lengthy appendix in support of same; confer with BTC regarding motion for judgment on the pleadings

0.3 600 1 $180 600

$18010/18/2017 MJP TCs with AK re: case status and strategy. Revise motion to substitute and change

to add party. Discuss with co-counsel.0.5 600 1 $300 600

$30010/18/2017 SWA Review correspondence from opposing counsel and numerous emails from Torres

Team re: same.0.4 600 1 $240 600

$24010/19/2017 BTC Edit and supplement new class rep motions and exhibits; strategy with MJP re

same; emails among MJP and team re o/c's indication defs will oppose new class reps and strategy re same; finalize and file suggestion of death; finalize and file motion to substitute party; review memorandum from CMF analyzing case issues; analyze email memorandum from CMF detailing stratements by defendants in their 5th Cir. filings re IA success dependent on IA efforts; strategy with MJP and CMF re same; analyze memorandum from MJP re strategy for opposing defs' motion to dismiss and research tasks; analyze memorandum from CMF with additional quotations from defs' past SDTX and appellate pleadings for same; conduct additional legal research for same; prepare email legal memoranda for MJP re same; review email from CMF analyzing cases re same;

8.6 350 1 $3,010 350

$3,010


10/19/2017 CMF prepare memorandum analyzing issues and representations made by Stream that success is dependent upon IA's efforts; review Stream briefing in trial court and appeals; strategy with MJP and BTC re same; research relevant cases

4.5 600 1 $2,700 600

$2,70010/19/2017 MJP Additional changes to motion to substitute and statement noting death. Review

Bell v Health mor and discuss with co-counsel. Explain medical status to co-counsel.

1 600 1 $600 600

$60010/19/2017 SWA Emails re: notice of death/motion to substitute and allocation; review

motions/statement of death.0.3 600 1 $180 600

$18010/20/2017 BTC Review strategy email memo from CMF re opposing Defs' mot for judgment on

the pleadings; emails with SR and D Ward with AK's office re Relativity database for exhibits to oppose defs' mot judgment pleadings; continue legal research for opposition to same; continue drafting portions of same

8.2 350 1 $2,870 350

$2,87010/20/2017 CMF Continue review of Stream briefs and our briefing for statements concerning

success of IAs and structure of Stream; emails to BTC regarding same. 3.5 600 1 $2,100 600

$2,10010/20/2017 MJP Review Sream's 12c motion. Review law on same. Discuss location and logistics of

Stream data files with BC.1.75 600 1 $1,050 600

$1,05010/22/2017 CMF Review and confer regarding fee agreement with MJP and SWA. 0.2 600 0 $0 600 $010/22/2017 SWA Review revised draft fee agreement; emails from MJP and CMF re: same. 0.3 600 0 $0 600 $010/23/2017 BTC Review judgment issued as mandate by SDTX; strategy with MJP re same and

costs; research on same; emails with Counsel Press re costs for cost bill; strategy with MJP re cost bill; prepare email legal research memo re cases and opposition to defendants' 12c motion; email memo from CMF re same and analyzing cases and defendants' past pleading statements; strategy with CMF re same; prepare email memo to MJP re additional case law and opposing 12c motion; strategy with MJP re same;

8 350 1 $2,800 350

$2,80010/23/2017 CMF Review judgment issued as mandate by SDTX; review email legal research memo

re cases and opposition to defendants' 12c motion prepared by BTC; Confer with BTC re same; meet with MJP and SWA regarding fee agreement

2.8 600 1 $1,680 600

$1,68010/23/2017 MJP Review mandate and order for costs. Discuss costs with BC. Review Ducote and

Martinez cases. Review additional research from BC.1 600 1 $600 600

$60010/23/2017 SWA Meet with MJP and CMF re: revised draft fee agreement. 0.2 600 0 $0 600 $010/24/2017 BTC strategy re cost bill; gather support for cost bill; begin preparing SDTX and 5th Cir.

cost bills; review court order for expedited response to defs motion to stay class notice; strategy re same; begin preparing same; review court order demanding expedited response to our motion to substitute class reps;

6 350 1 $2,100 350

$2,100


10/24/2017 MJP Review invoices from Counsel Press and discuss with BC. 0.25 600 1 $150 600 $15010/24/2017 SWA Review email from DJH; review order regarding expedited response and emails re:

same.0.3 600 1 $180 600

$18010/25/2017 BTC Review email memorandum from AK re defs 12c motion; review email

memorandum from MJP re same; continue researching and drafting responses8.2 350 1 $2,870 350

$2,87010/25/2017 MJP Review e-mails among AK and DJH re: Clearman. E-mails with DJH re: same and

discuss with co-counsel. Discuss with MT at SG. TC to RW re: outstanding motions. E-mail to same. Research MLM/Securities law and study Piambino.

2.5 600 1 $1,500 600

$1,50010/25/2017 SWA Emails re: waiver and estoppel issues and conference with opposing counsel. 0.3 600 1 $180 600

$18010/26/2017 BTC Email from D Ward re responses; strategy with MJP re same; research same;

emails among SR, MJP, and DW re same; email from SR re Hoyt requirements for responses; email from AK re same; emails among team re same; email memorandum from CMF for response to 12c motion re excerpts from defendants' past briefing and strategy re same; continue drafting same

7.6 350 1 $2,660 350

$2,66010/26/2017 CMF Draft email regarding strategy concerning 12c motion. 0.5 600 1 $300 600 $30010/26/2017 SWA Emails to/from DJH and AK/MJP. 0.2 600 0 $0 600 $010/27/2017 BTC Continue drafting response to defs 12c motion; strategy with MJP re same;

continue legal research re same; analyze section of response from MJP; research for same; edit and supplement same; strategy with MJP re amending complaint;

7.2 350 1 $2,520 350

$2,52010/27/2017 MJP Continue research on 12(c) motion. Continue drafting response. Discuss with BC.

E-mails with RW re: proposed stipulation re: various outstanding motions.2.25 600 1 $1,350 600

$1,35010/27/2017 SWA Review emails and Torres case expenses; meet with MJP re: same. 1 600 1 $600 600 $60010/29/2017 MJP Review Ignite Compensation Plan and Policies and Procedures. 0.5 600 1 $300 600 $30010/30/2017 BTC Emails with D Ward and S Rickard re 5th Cir. oral argument and en banc hearing

transcripts; research waiver doctrine and potential barring of MSJ on remand; strategy with MJP re same and defendants' earlier arguments this is not a securities case; continue drafting portions of resopnse to defendants' Rule 12c motion for judgment on the pleadings; strategy with MJP re same and letters testamentary exhibits;

8.6 350 1 $3,010 350

$3,01010/30/2017 MJP Review record for admissions to defeat Howey test. Work on response to 12c 2.25 600 1 $1,350 600

$1,350


10/31/2017 BTC Continue drafting response to defendants' rule 12c motion; strategy with MJP re same; review proposed scheduling conference filing by defendants; emails from and to o/c re mandate and defendants' forthcoming Rule 12c motion for judgment on pleadings under the PSLRA, etc. and request for stay; emails among MJP and team re defendants' requests;

7.6 350 1 $2,660 350

$2,66010/31/2017 MJP Prepare response to 12c motion. Send to co-counsel. Negotiate appointment of

new class reps with defendants, and scheduling.3.5 600 1 $2,100 600

$2,10010/31/2017 SWA Review draft opposition to motiuon for judgment, comments and emails re: same. 0.5 600 1 $300 600

$30011/1/2017 BTC Email from SMC re discussion items for call; emails among team re same and case

strategy; continue editing and supplement aspects of response to defendants' 12c motion; emails among team re same; emails among team re o/c's proposal for stipulation to take motion for staay off docket and postpone class notice; strategy with MJp re same; emails with J Burnett re same and response to defs' motion;

6.8 350 1 $2,380 350

$2,38011/1/2017 CMF Review MJP's draft response to motion for judgment on the pleadings; offer

comments to same0.3 600 1 $180 600

$18011/1/2017 MJP Contintue response to 12c motion. Discuss with co-counsel. Discuss stipulation

with defendants. Review and circulate Dahl quotes.3 600 1 $1,800 600

$1,80011/1/2017 SWA Review emails from SMC and AK re: discussion items; emails to/from Torres Team

re: same; emails re: opposition brief and summary of counsel's proposal.0.6 600 1 $360 600

$36011/2/2017 MJP Discuss 12c response with co-counsel. Discuss database issues with co-counsel.

Finalize stipulation with defendants.2.5 600 1 $1,500 600

$1,50011/3/2017 BTC Confer with CMF and MJP re case strategy; email memorandum from CMF re

same; review agreed motion filed by SMC on scheduling; 0.9 350 1 $315 350

$31511/3/2017 CMF Research issue of Stream contracts as agreements to engage in criminal activity,

and public policy issues related thereto; email to MJP and BTC regarding same; confer with MJP and BTC regarding same.

3.8 600 1 $2,280 600

$2,28011/4/2017 BTC Emails from SMC re case strategy and Griggs implications; emails among MJP,

SMC, and team re same; begin preparing 5th Cir. cost bill1.1 350 1 $385 350

$38511/5/2017 MJP Research law on illegal contracts, review CMF research, and send to SC for Griggs

case.1.25 600 1 $750 600

$75011/6/2017 BTC Strategy with MJP re cost bill for 5th Cir.; emails with E Citron re same; edit and

supplement cost bill information; calls with 5th cir and SDTX re same; email memoranda re same; file 5th Cir. and SDTX cost bills; strategy with MJP re same;

6.2 350 1 $2,170 350

$2,17011/6/2017 MJP Discuss with SC including Georgia IAs in class notice. Review research on bill of

costs.0.25 600 1 $150 600

$150


11/8/2017 BTC Review order granting motion to stay class notice until ruling on Rule 12c motion; review motion granting our motion to substitute party; strategy conferences re same

0.9 350 1 $315 350

$31511/8/2017 CMF Review draft response to 12( c) motion and offer comments to same; confer with

MJP and BTC regarding same; highlight our prior statements in prior pleadings regarding structure of Stream business in email to MJP and BTC.

2.2 600 1 $1,320 600

$1,32011/8/2017 MJP Research various scheduling orders, filing dates, and depositions taken in ViSalus

case. Review research from AK. Check on status of extension order. Additional revisions to response to 12c brief and send to co-counsel. E-mails re: extension.

3.5 600 1 $2,100 600

$2,10011/9/2017 BTC research past pleadings and defendants' past exhibits in support of MSJ; email

memorandum re same2.1 350 1 $735 350

$73511/9/2017 MJP Discuss recent court orders with BC and amendment of complaint.

Communications with Clearman to resolve issues. Research new arbitration clause and send to Clearman.

0.75 600 1 $450 600

$45011/10/2017 MJP Review draft 3AC. Discuss with co-counsel. 1 600 1 $600 600 $60011/13/2017 MJP Discuss JB comments on 12c response brief. 0.25 600 1 $150 600 $15011/14/2017 MJP Multiple calls with co-counsel re: strategy for further handling of case. Review file

for evidence inconsistent with security claim.2 600 1 $1,200 600

$1,20011/15/2017 BTC review email and draft response to defendants' motion for judgment on the

pleadings from AK; strategy re same; emails among team re same and IA docs for same; emails among team re presentation of briefing to court;

3.9 350 1 $1,365 350

$1,36511/15/2017 MJP Review Coughlan report and documents relied upon. Prepare e-mail to co-counsel

re: defense documents that are inconsistent with securities case. Review case law on same. Initial review of AK revisions to response brief.

3.25 600 1 $1,950 600

$1,95011/16/2017 BTC Review draft AK motion; confer with team re Griggs motion and revised 12c

motion1.4 350 1 $490 350

$49011/16/2017 CMF Retrieve and review appeal brief filed by SMC in Griggs case; confer with MJP,

SWA and BTC regarding same; review revised draft response to 12 (c ) motion and offer comments to same.

3.5 600 1 $2,100 600

$2,10011/16/2017 MJP Review 5th Cir law on preemption and waiver. Finalize response to 12c motion. 3 600 1 $1,800 600

$1,80011/17/2017 BTC Emails among team re response to defendants' motion for judgment on pleadings;

continue edits and supplementation of same; emails among team re confidentiality issues on same; emails on presentation of exhibits for same; review edits and iterations of same; strategy re same; multiple strategy emails among team to finalize reponse brief and supporting docs; review filed version of same;

8.7 350 1 $3,045 350

$3,045


11/17/2017 CMF Emails among team re response to defendants' motion for judgment on pleadings; continue review and edits of same; multiple strategy emails among team to finalize reponse brief and supporting docs; review filed version of same;

4 600 1 $2,400 600

$2,40011/17/2017 MJP Review changes to 12c response from SC and AK. Make several sets of final

changes.3 600 1 $1,800 600

$1,80011/20/2017 BTC Review defendants' discovery to new plaintiffs; strategy with MJP re same; review

order granting agreed motion among counsel [Dkt. 232]; research motion to exclude IA s filed by defendants in April 2011; strategy with MJP re same;

2.3 350 1 $805 350

$80511/21/2017 BTC Strategy with MJP re Third Amended complaint and case strategy; emails among

team re same and strategy; edit and supplement same; finalize and file same2.2 350 1 $770 350

$77011/21/2017 MJP Review BC's draft 3AC. Revise same. Send to co-counsel. 0.75 600 1 $450 600 $45011/22/2017 MJP Prepare final draft of 3AC and discuss with co-counsel. 2 600 1 $1,200 600 $1,20011/28/2017 BTC Review court order denying defendants' motion for judgment on the pleadings;

strategy among team re ambiguity in court order; review notice of appearance of new counsel for defendants; review defendants' late-filed reply in support of motion for judgment on pleadings; strategy among team re same and case strategy; review appendix filed by defendants in support of reply on 12c motion; review correspondence from o/c re documents produced to plaintiffs; strategy among team re same and asking court to correct aspect of order wording

4.5 350 1 $1,575 350

$1,57511/28/2017 MJP Review order denying 12c motion and discuss with co-counsel. Arrange to revive

Stream database. Review Stream reply to opposition to 12c motion.2.5 600 1 $1,500 600

$1,50011/30/2017 BTC email to and from J Burnett re defendants' discovery production and analysis;

emails with MJP re extension0.5 350 1 $175 350

$17511/30/2017 MJP Review notice regarding correction of 12c order. Discuss with co-counsel. Review

Stream's motion for reconsideration. Review Stream documents on Luke Thomas.2 600 1 $1,200 600

$1,20012/1/2017 BTC emails with D Ward and AK re defendants' Bates numbering errors in defs'

production; 0.2 350 1 $70 350

$7012/4/2017 BTC Review corrected order from court denying motion for judgment on pleadings

filed by defs; review order denying defs' motion for reconsideration; strategy re same

0.3 350 1 $105 350

$10512/4/2017 MJP Review corrected order on 12c motion. 0.25 600 1 $150 600 $15012/5/2017 MJP Continue negotiations to revive Stream database. 0.25 600 1 $150 600 $15012/5/2017 SWA Review emails to/from SMC and Torres Team. 0.2 600 0 $0 600 $0


12/7/2017 BTC Analyze court order re discovery; strategy with MJP re same, defendants' overreach based on court order and possible holiday extension; emails among MJP and o/c re same; continue drafting objections and responses to same

7.1 350 1 $2,485 350

$2,48512/7/2017 MJP Obtain extension on discovery responses from defendants. 0.25 600 1 $150 600 $15012/8/2017 BTC research latest pleadings in Griggs matter; strategy with MJP re potential import

for our case; 7.9 350 1 $2,765 350

$2,76512/8/2017 SWA Review emails and Griggs docket sheet. 0.2 600 0 $0 600 $012/9/2017 MJP Review draft discovery responses and discuss with JB. 0.5 600 1 $300 600 $300

12/11/2017 BTC Emails among team re discovery documents database and trial preparation; continue drafting objections and responses to discovery sets for new plaintiffs; strategy with MJP re same; research Stream website for same; strategy with MJP re discovery document database and trial preparation;

6.4 350 1 $2,240 350

$2,24012/11/2017 MJP Review draft notice from SMC. 0.25 600 1 $150 600 $15012/12/2017 BTC Continue editing and supplementing objections and responses to defs' discovery

request sets to new plaintiffs; begin drafting verification declarations for clients; prepare analysis email memo for MJP re same and questions from JB;

6.4 350 1 $2,240 350

$2,24012/12/2017 MJP E-mails from AK and SMC re: draft notice. Review original notice and motion to

approve same.0.25 600 1 $150 600

$15012/14/2017 MJP Continue preparation of discovery responses. 2 600 1 $1,200 600 $1,20012/15/2017 BTC Multiple email discussions with JB re search for responsive emails and documents

for possible production in response to defendants' discovery requests to new plaintiffs; edit and supplement discovery objections and responses in light of same;

6.2 350 1 $2,170 350

$2,17012/15/2017 MJP Review probate records to respond to discovery. 0.5 600 1 $300 600 $30012/16/2017 BTC Emails with JB re facts on new clients in response to defendants' discovery

requests; email to MJP and JB with initial draft responses and objections to defendants' discovery requests

6.3 350 1 $2,205 350

$2,20512/16/2017 MJP Further review of draft notice from SMC and review current notice. 0.75 600 1 $450 600 $45012/17/2017 BTC Edit and supplement discovery objections and responses in light of information

from J Burnett conveyed from new clients; emails with team re same; 1.9 350 1 $665 350

$665


12/18/2017 BTC edit and supplemetn objections for Luke Thomas to RFPs; emails with team re same; emails with JB re same and verification declarations; review JB edits to discovery; strategy with MJP re same and defendants' produced documents per court order; emails with nextpoint re discovery documents and trial preparation logistics; emails with JB re matching bonus references and any potential promotions for new clients in response to defendants' discovery requests

5.6 350 1 $1,960 350

$1,96012/18/2017 MJP Review motion to approve notice. Review Cody v SoulCycle, Fraley v Facebook,

Friedman v Guthy-Renker, and Online DVD cases. Suggest revisions to SMC class notice.

3 600 1 $1,800 600

$1,80012/19/2017 BTC Emails among team and JP re trial preparation; emails with Nextpoint and team re

discovery document review and trial preparation; email JB verification declarations for clients; emails with DTI re discovery documents and trial preparation needs; email from Scott re strategy for discovery responses and objections; emails among team re same; strategy with MJP re same;

6.6 350 1 $2,310 350

$2,31012/19/2017 MJP Review BC's draft of discovery answers, send to co-counsel. Review comments

from co-counsel.0.75 600 1 $450 600

$45012/20/2017 BTC Emails with DTI re discovery documents; review MJP edits to draft discovery

responses and objections for Chris Robison; edit and supplement same; strategy with MJP re same; review MJP edits to draft objections and responses for Luke Thomas; edit and supplement same; prepare docs to produce with discovery responses; edit and supplement draft objections and responses to RFAs

8.3 350 1 $2,905 350

$2,90512/20/2017 MJP Thorough review and revisions to discovery responses. Obtain extention until

Friday to answer. Discuss same, and also adequacy of estate rep. as class rep. with BC. Review cases on same. E-mail to co-counsel.

2.25 600 1 $1,350 600

$1,35012/21/2017 BTC Email from SMC re draft discovery responses for plaintiffs; analyze proposed edits

to draft discovery objections and responses from SMC; analyze proposed edits from JB; Emails among team re same; continue editing and supplementing draft objections and responses to discovery requests to two, new plaintiffs

4.3 350 1 $1,505 350

$1,50512/21/2017 MJP Discuss discovery responses with co-counsel. 0.5 600 1 $300 600 $30012/22/2017 BTC Continue working on discovery responses to defendants; strategy with MJP re

same; finalize and serve same; emails among team re email from o/c re defs' proposed motion for interlocutory appeal of order denying motion for judgment on pleadings; strategy with MJP re JB's collection of clients' verifications of discovery responses; analyze emails and proposed edits to discovery responses from SMC; finalize and serve discovery responses and attachments for defendants

8.3 350 1 $2,905 350

$2,905


12/22/2017 MJP E-mails and phone calls wih SMC re: discovery responses. Final revisions to discovery responses and send to co-counsel. Discuss with same. E-mail from R. Walters re: Rule 1292(b) motion. Draft response to RW e-mail and discuss with co-counsel. Respond to R. Walters. Review Rule 1292.

4 600 1 $2,400 600

$2,40012/22/2017 SWA Email from MJP re: status. 0.1 600 1 $60 600 $6012/27/2017 BTC Email served discovery responses to D Ward; 0.1 350 1 $35 350 $3512/27/2017 MJP E-mails with RW re: discovery responses. E-mails from co-counsel re: same.

Review SMC's J notice and e-mail to RW. Review court's recent orders. Begin response to motion to certify. Discuss with BC.

4.5 600 1 $2,700 600

$2,70012/28/2017 MJP E-mail from RW re: discovery responses and re: class notice. Review e-mail from

SC on notice. Draft e-mails on deposition dates to JB and RW and discuss with co-counsel. Draft e-mail on discovery responses and discuss with co-counsel. E-mails with RW on depos. Discuss research needs on M/certify with BC. REview BC research. Continue preparation of response to motion to certify.

5 600 1 $3,000 600

$3,00012/29/2017 MJP Prepare response to motion to certify. Discuss with co-counsel. Reseach orders

on discovery deadlines and discuss with RW for rogs. Review RFP responses.3 600 1 $1,800 600

$1,8001/2/2018 BTC Multiple strategy emails among team re motion for class notice and depositions of

plaintiffs; continue work on response to defendants' Rule 12c motion to certify for immediate appeal; analyze and incorporate edits to same from other team members; strategy with MJP re same; legal research re same; strategy with MJP re substituting class reps and legal research re same; legal research email memo to MJP re response to defendants' motion

6.3 350 1 $2,205 350

$2,2051/2/2018 MJP Review suggested revisions to responsive brief to m/certify. Review Carter v First

national case and report to co-counsel. Make final revisions to brief. Discuss all with co-counsel. +

4.5 600 1 $2,700 600

$2,7001/3/2018 BTC Review draft notice from SMC; finalize and file response to defendants' Rule 12c

motion; emails among team re same; emails with DTI re Relativity Stream database and strategy with MJP re same;

0.8 350 1 $280 350

$2801/3/2018 MJP TC with SC. TC with AK and SC re: case strategy. Review Coates cases and dsicuss

with BC. Review final brief. +3 600 1 $1,800 600

$1,8001/4/2018 BTC Multiple email discussions among team re response to o/c and edits to draft; 0.9 350 1 $315 350

$3151/4/2018 MJP Revise response to RW discovery e-mail. Discus with SC. Send response. Create

Consent to Act for Robison beneficiaries. Revise response to RW on scheduling, and send. Download, send to co-counsel, and initial review of Reply.

4 600 1 $2,400 600

$2,400


1/5/2018 BTC Strategy with MJP re documents filed under seal and case strategy for motion practice; prepare legal email memo re same; email to SMC with CV and report for defendants' expert Coughlan;

2.6 350 1 $910 350

$9101/5/2018 MJP Revise class notice form. Discuss with SC. Review proposed order. Discuss

unsealing issue with BC. Review SC's draft order and discuss with same. Search for demand to unseal. Discuss with BC. TC from SC re: discovery responses and send to same. Review Coughlan CV and research online. Review revised order from SC and discuss with same. Review protective order and reports from BC on sealed docs

6.5 600 1 $3,900 600

$3,9001/7/2018 BTC Emails from o/c and among team re same re Defendants' demands on scope of

discovery; 0.2 350 1 $70 350

$701/8/2018 BTC Review court order denying defendants' 12c motion for immediate appeal;

analyze defendants' motion to compel discovery from plaintiffs; strategy with MJP re same; review order from court demanding expedited response to defendants' motion to compel discovery and for telephonic conference; analyze appendix filed in support of defendants' motion to compel; begin drafting response to defendants' motion to compel

3.6 350 1 $1,260 350

$1,2601/8/2018 MJP Review revisions to motion from SC. TC from same. TC from AK re: same and re:

trial setting. E-mail from RW on discovery and review motion on same.1.75 600 1 $1,050 600

$1,0501/9/2018 BTC Review drafts among team to form class notice; multiple email discussions among

team re same and strategy; edit and supplement same; discussions with team re DTI's cost to reactivate Relativity database;

1.7 350 1 $595 350

$5951/9/2018 MJP Review e-mails with RW. Review latest versions of Notice, E-mail, Motion for

same and Order on Motion. Revise Motion and Order. E-mails with co-counsel re: same. Review changes to motion from SC, TC's from same. E-mails from AK on motion.

2.75 600 1 $1,650 600

$1,6501/10/2018 BTC analyze drafts among team to motion for notice; strategy re same; 1.6 350 1 $560 350 $5601/10/2018 MJP Review and revise multiple revisions from SC of motion. Review addtions from AK.

TC's with SC re: same. TC with JB re: notice and discovery updates. Revise SMC declaration.

3.5 600 1 $2,100 600

$2,1001/11/2018 BTC Edit and supplement draft motion for notice; multiple email discussions among

team re same and draft notice and edits to same; review opposed motion on notice filed by SMC;

2.2 350 1 $770 350

$7701/11/2018 MJP Review and revise motion for notice. Review RW comments on notice. Review SC

declaration. Discuss all with co-counsel.2.25 600 1 $1,350 600

$1,3501/12/2018 BTC review email and draft motion from o/c re Ho's withdrawal; emails among o/c and

MJP re same; review filed motion by defs re same; 0.4 350 1 $140 350

$1401/12/2018 MJP Discuss waiver with JB and review CR waiver. 0.25 600 1 $150 600 $150


1/15/2018 BTC Begin drafting response to defendants' motion to compel discovery; strategy with MJP re same; review motion filed by defendants for entry of order on scheduling conferenc but also incorporating request for new experts and new summary judgment motions; strategy with MJP re same; review order from court demanding expedited response to same; review order granting defendants' motion to withdraw Ho; strategy with MJP re defendants' claims about defs' former consulting-only expert Alan Nelson; research defendants' past pleadings and filings and email exchanges on same for response to motion by defs seeking new experts; calls with former court reporters re request for docs on same; research defendants' pre-cert-hearing witness list for same;

6.7 350 1 $2,345 350

$2,3451/15/2018 MJP Research on response for motion to compel. 1 600 1 $600 600 $6001/16/2018 MJP Review defs. Motion for scheduling order. Review cts' order on response to M for

notice. E-mails among counsel re: same. TC with SC re: same.3 600 1 $1,800 600

$1,8001/17/2018 BTC Strategy with MJP re defs' motion to compel and drafting sections on

proportionate to case and irrelvant or harassing requests; legal research on same; begin drafting same; review SMC draft provisional response to defs' motion for scheduling order and proposal to file in advance of telephone conference with Judge Hoyt; strategy emails among team re same; prepare research email to MJP attaching draft inserts for brief with explanation; analyze draft response to defs' motion to compel with all input consolidated from MJP; multiple email discussions among team re same; review emails among SMC and court clerk re hearing; discussions among team re o/c's call to MJP re mediation and settlement discussions; finalize and file response to defs' motion to compel discovery and proposed order; help team prepare for call with court and o/c re scheduling; strategy with MJP re supplementation of discovery responses for Chris Robison; finalize and serve same; emails among team re mediator choices and settlement strategy;

8.1 350 1 $2,835 350

$2,8351/17/2018 MJP Additional review and research of motion to compel, including review of court

orders and discovery responses. Complete response to MTC and discuss with co-counsel. Finalize same. Review e-mails among counsel re: initial response to motion for scheduling order. Discuss with SC. Call from RW re: settlement. Discus with co-counsel.

7 600 1 $4,200 600

$4,2001/18/2018 BTC Emails among team re strategy and call with court and o/c on scheduling; analyze

defendants' reply in support of their motion to compel discovery; analyze defs' reply in support of their motion for order on scheduling and for new experts; analyze order following scheduling conference

2.3 350 1 $805 350

$805


1/18/2018 MJP Call among counsel prior to court call. Attend telephonic status conference. Discuss among co-counsel. Review AK list of mediators.

2 600 1 $1,200 600$1,200

1/19/2018 BTC Review Order from Court setting trial schedule; strategy with MJP re same; review order from court partially granting defendants' motion to compel discovery; emails among team re strategy re same;

1.1 350 1 $385 350

$3851/19/2018 MJP Review court's orders on MTC and on trial schedule. Discuss among co-counsel. 0.25 600 1 $150 600

$1501/21/2018 BTC Analyze email from o/c re depositions of plaintiffs, mediators and trial scheduling; 0.1 350 1 $35 350

$351/22/2018 BTC Emails among team re depositions of plaintiffs, deposition strategy, mediators,

and mediation strategy; emails between MJP and o/c re deposition; strategy with MJP re depositions; t/c with various mediators including McGowan re mediation; email memoranda to MJP re same; emails among team re strategy and mediators for mediation; emails among SMC and o/c re authority on notice issues

4.1 350 1 $1,435 350

$1,4351/22/2018 MJP E-mail from R. Walters re: discovery going forward and trial schedule. Review

Rogs and RFP to Luke Thomas. E-mail to JB re: same. E-mails with AK re: same. E-mails with RW re: same. Emails with co-counsel re: mediation.

2.75 600 1 $1,650 600

$1,6501/23/2018 BTC Email among SMC and defense counsel re notice and depositions; emails among

team re search protocols for plaintiffs in response to court order on motion to compel; emails among team re mediators and mediation strategy; emails among o/c and team re Griggs vs non-Griggs lawyers and discussions at overlap; emails among team and o/c re mediators and scheduling conflicts; begin drafting additional response to defendants' motion on scheduling but incorporating requests for new experts and summary judgment motions

5.1 350 1 $1,785 350

$1,7851/23/2018 MJP Review mediator lists and discuss potential mediators and dates with co-counsel.

Discuss with RB his conflict with trial date.0.75 600 1 $450 600

$4501/24/2018 BTC Emails among team and o/c re mediators and mediation; strategy emails among

team re same; ; strategy with MJP re same; 0.8 350 1 $280 350

$2801/24/2018 MJP Discuss SC e-mails with SA and CF. E-mails with RW re: mediators. TC from RW re:

same and call court with RW. Discuss Luke Thomas depo and search for additional documents with JB. E-mail to court re: trial date in September.

3.25 600 1 $1,950 600

$1,9501/25/2018 BTC continue researching and drafting additional response to defendants' motion

incorporating requests for new experts and summary judgment motions3.1 350 1 $1,085 350

$1,0851/25/2018 MJP Discuss mediation with co and defense counsel. 0.5 600 1 $300 600 $300


1/26/2018 BTC continue researching and drafting additional response to defendants' motion incorporating requests for new experts and summary judgment motions

4.1 350 1 $1,435 350

$1,4351/26/2018 CMF Review emails regarding mediation 0.2 600 1 $120 600 $1201/26/2018 SWA Review emails regarding mediation 0.2 600 1 $120 600 $1201/28/2018 BTC Email from mediator McGowan's office; strategy with MJP re same; strategy re

reply in support of motion for notice to class; continue researching and drafting additional response to defendants' motion incorporating requests for new experts and summary judgment motions;

3.1 350 1 $1,085 350

$1,0851/28/2018 MJP Initial review of defendants' response to motion for notice. Begin work on reply

brief.1.5 600 1 $900 600

$9001/29/2018 BTC Strategy with MJP re plaintiffs' initial discovery responses and strategy for

supplementation; complete draft of additional response to defendants' motion seeking new experts and new summary judgment motions, etc.; strategy with MJP re same; emails to and from o/c re depositions of plaintiffs; email strategy memo to MJP re sole mention of Alan Nelson by Def expert Ann Coughlan in her deposition underscoring our arguments;

1.9 350 1 $665 350

$6651/29/2018 MJP Review notices of depositions of class reps. Work on Reply brief, send e-mail to co-

counsel re: intial analysis. Discuss same with AK and JB and threats by SC. E-mails with co-counsel re: availability of McGowan. E-mail from DJH re: SC. Respond to SC demand for fully signed fee agreement.

3.5 600 1 $2,100 600

$2,1001/30/2018 BTC Email from mediator McGowan; strategy with MJP re same; 0.1 350 1 $35 350 $351/30/2018 MJP TC with AK and JB re: plaintiffs and mediation issues. E-mail from court re: trial

date. E-mails with co-counsel and RW re: same. E-mails with DJH re: resolution with SC. Review prior notice by RW from SC and discuss with same. Continue work on Reply brief. E-mails with DW re: withdrawal of motion, and revise notice of same.

4 600 1 $2,400 600

$2,4001/31/2018 BTC Edit and supplement reply on motion to approve notice; emails among team re

same; strategy with MJP re same; finalize and file same; file supplemental Exhibit E for same;

4.1 350 1 $1,435 350

$1,4351/31/2018 MJP E-mail court re: September trial date. Research law and prior pleadings on various

aspects of Reply. Make multiple revisions to same and discuss with co-counsel. Finalize Reply.

7 600 1 $4,200 600

$4,2002/1/2018 BTC Emails with DTI personnel re Relativity database; strategy with MJP re same; 0.2 350 1 $70 350

$70


2/1/2018 MJP Review Local Rule 11.3.A. Review invoice from NextPoint and resolve billing issue. Discuss loading data to NextPOint with BC. Share mediation informaiton with DW. Discuss client meeting with JB. Review Order granting notice. TCs with SC re: same.

2.25 600 1 $1,350 600

$1,3502/2/2018 BTC Finalize Supplemental Discovery Docs for Client Thomas; strategy with MJP re

same; prepare email to o/c serving same with suppl objections and answers/responses for Luke Thomas

2.3 350 1 $805 350

$8052/2/2018 MJP TC with AK and SC re: delay of class notice for medition. Discuss updates to

discovery with JB. Review social media documents. Prepare updated responses to Rogs and RFP. Prepare documents for production and discuss with defense counsel. TC with SC to get agreement to produce with SC block. TC from RW re: delay of notice. E-mail to co-counsel re: same.

3.75 600 1 $2,250 600

$2,2502/4/2018 BTC continue drafting response to defs motion on new experts, etc.; select and

prepare exhibits; strategy email memorandum to MJP re same; 2.3 350 1 $805 350

$8052/4/2018 MJP Begin preparation of deposition notes for clients. Start completion of response to

Defs' motion for scheduling order.0.5 600 1 $300 600

$3002/5/2018 BTC Strategy emails with MJP re suppl response to defs motion for new experts, etc.;

prepare proposed order for response to defendants' motion on new experts, etc.; prepare declaration for same; emails with team re same; incorporate edits to same; finalize and file same; emails from SMC re CloudNine database

6.5 350 1 $2,275 350

$2,2752/5/2018 MJP Prepare completed response to Defs' motion for scheduling order. Discuss various

client depo prep issues with JB. Complete depo prep notes and send to JB with collection of relevant documents. Various e-mails from SC re: CloudNine and return of documents.

5 600 1 $3,000 600

$3,0002/6/2018 BTC T/c with Nextpoint re upload progress on original defendant files for construction

of database; strategy with MJP re same; review draft iterations of joint stip to extend notice deadlines; strategy with MJP re same; emails among team re same; emails among MJP and o/c re same; additional legal research; examine discs of defendant documents in files; emails with Nextpoint re same; edit and supplement stip for filing; strategy with MJP re same;

3.8 350 1 $1,330 350

$1,330


2/6/2018 MJP TC from AK re; various strategy issues. E-mail to co-counsel re: mediation strategy call. Discuss SC CouldNine request with BC. Prepare stipulation on notice extension and e-mails to co-counsel re: same. Prepare for depo prep including review of ER depo. TC from SC re: depo prep. Prepare Joint Stip to Extend Notice Deadlines and Order on same and send to co-counsel. Discuss with RW. E-mails with AL re: ER fee contract. Discuss hiring notice administrator. Meet with clients for depo prep.

7.5 600 1 $4,500 600

$4,5002/7/2018 BTC Assemble documents for use at depositions of plaintiffs; emails among team re

same; finalize and file stipulation on dates; analyze reply of defendants in support of opp to motion re scheduling; emails among team re supplemental docs to produce to defendants in discovery; emails among MJP and o/c re supplemental docs produced for clients; emails among team re preparation for depositions of clients; finalize and serve amended response to RFA 6 for clients on o/c; emails among MJP and o/c re proposed joint stip to extend notice deadlines for mediation; emails among team re date typo in same; review email from SMC re case strategy;

4 350 1 $1,400 350

$1,4002/7/2018 MJP E-mails with counsel re: mediation strategy call. Gather discovery documents for

JB and send. TC with same. Update C. Robison discovery responses. Produce fee agreement and discuss with co-counsel before doing so. Several TCs with JB re: upcoming depo and error in class notice. Review proposed notice. Revise proposed order on stip. E-mails to RW and co-counsel re: same. TC with counsel re: mediation strategy

4.5 600 1 $2,700 600

$2,7002/8/2018 BTC Strategy with JB re depositions; 0.3 350 1 $105 350 $1052/8/2018 MJP Present class reps for deposition. Multiple phone calls and e-mails with co-

counsel re: same.13 600 1 $7,800 600

$7,8002/9/2018 MJP E-mails and phone call with co-counsel re: class rep depos. 0.5 600 1 $300 600 $300

2/10/2018 MJP Review rough drafts of CF and LT depositions. 2 600 1 $1,200 600 $1,2002/11/2018 MJP Review JB assessment of class rep depo and qualifications. 0.25 600 1 $150 600 $1502/12/2018 BTC Emails among team re strategy on joint stip to extend notice deadlines in light of

mediation; analyze drafts of same; review letter from AK re docs for Stream database; begin reviewing documents in response to same; email to D Ward re same and Nextpoint status; emails among team re deposition after-report and case strategy; discussion of revised stip and order; emails among MJP and o/c re revised stip and order; emails with Nextpoint re Bates number count of what already uploaded;

2.2 350 1 $770 350

$770


2/12/2018 MJP E-mails from Stream re: changes to notice and charger. Prepare revised stip and modify order. E-mails with co-counsel and opposiing counsel re: same. TC from JB re: various matters. TCs and w-mails with ct. reporter re: copies and re: exhibitrs and e-mails with CR and JB re: same.

2.5 600 1 $1,500 600

$1,5002/13/2018 BTC Emails among team re depositions of plaintiffs; review email from mediator re

mediation; emails among o/c and team re same; 0.5 350 1 $175 350

$1752/13/2018 MJP Discuss depo with CR and JB. E-mail from mediator. 0.25 600 1 $150 600 $1502/14/2018 BTC Emails from and to o/c re revised stip and order; emails from mediator re

mediation; emails among team and o/c re date changes for stip and order; finalize and file same; emails among team re discussions with Dahl Administration re class notice administration

1.9 350 1 $665 350

$6652/14/2018 MJP E-mails and TC with AK and JB re: various aspects of case including class notice,

expenses, mediation, and dealing with Clearman. Propose new notice extension dates to defendants. Prepare revised stip and order and get agreement from defendants. TC with SC and Dahl about class notice and report to co-counsel.

3.25 600 1 $1,950 600

$1,9502/15/2018 BTC Emails among team re class adminstration strategy; continue gathering docs for

AK in response to letter; emails with D Ward re same; emails among team re damages and strategy for mediation; emails with Nextpoint re status of database upload; t/c with Nextpoint re same; finalize and ship docs to D Ward and AK in response to AK letter; review Nextpoint database; emails from Nextpoint re same; emails with D Ward re same;

2.9 350 1 $1,015 350

$1,0152/15/2018 MJP Begin review Taylor report and schedules for mediation demand. 0.25 600 1 $150 600 $1502/16/2018 BTC Email legal research memo to MJP re Paul Taylor and report; emails among team

re damages and mediation strategy and Paul Taylor master database spreadsheet; emails among MJP and o/c re class member identifying info for notice; t/c with court clerk re parties' scheduled mediation and checking status of order on corrected class notice; strategy with MJP re same; review order granting corrected stip and class notice and extending deadlines; strategy with MJP re mediation letter; begin insert to same

3.4 350 1 $1,190 350

$1,1902/16/2018 MJP Discuss status of stip for extension with BC. TC from JB. E-mail from SC re:

database and discuss with BC. Review Taylor report and data and respond to SC. E-mail to RW and other counsel re: Court's order to update class database. E-mail from RW re: potential phone call.

1.75 600 1 $1,050 600

$1,0502/17/2018 MJP Call from R. Walters re: exchange of mediation memos and re: opening

statements. Begin review of JB's draft mediation statement.0.75 600 1 $450 600

$4502/18/2018 BTC review drafts of mediation letter; strategy with MJP re same 1.8 350 1 $630 350 $630


2/18/2018 MJP Begin analysis of Master IA Data File. Continue review and revise mediation statement. Send to AK and JB.

2.5 600 1 $1,500 600$1,500

2/19/2018 BTC Continue reviewing medation letter; research docs filed before appeal for possible inclusion in mediation letter on wealth of individual IA defendants; prepare email legal research memo re same; emails among team re same; continue preparing spreadsheet of class members for notice to give class notice/administration company

2.8 350 1 $980 350

$9802/19/2018 MJP Finish analysis of Master IA Data File. Send results to co-counsel, and question

from RW. E-mails from AK and call from SC re: same. E-mails with BC re: top earning IA defendants chart for mediation statement.

1.75 600 1 $1,050 600

$1,0502/19/2018 SWA Meet with MJP regarding mediation strategy. 0.3 600 1 $180 600 $1802/20/2018 BTC Strategy with MJP re team call on mediation and mediation strategy; 0.3 350 1 $105 350 $1052/20/2018 MJP Call from SC re: mediation stratetgy and his undisclosed, secret potential buyer.

Discuss strategy with JB. E-mails with court reporter, find, and send Thomas exhibits 2-4.

0.5 600 1 $300 600

$3002/21/2018 BTC Review email and spreadsheet from o/c re IA contact information; email from MJP

to o/c re same; 0.2 350 1 $70 350

$702/21/2018 MJP Calculate potential demands, prepare for call, and team call re: mediation

strategy. Review e-mail from SC re: potential deal; phone call with team re: same. Discuss class notice issues. E-mail from BR re: updated IA list and motion to reset case. Verify functional updated IA list. TC with JB re: attendance by CR at mediation and re: potential sales deal.

2.5 600 1 $1,500 600

$1,5002/22/2018 BTC Email from o/c attaching draft motion to reschedule trial date and proposed order 0.3 350 1 $105 350

$1052/22/2018 MJP E-mail from BR with draft joint motion to reset trial. Review mediation memo

and our prior briefs.1.75 600 1 $1,050 600

$1,0502/22/2018 SWA Meet with MJP regarding mediation strategy. 0.5 600 1 $300 600 $3002/23/2018 BTC Emails among team re mediation brief; research cases for same; fill in citations for

same; emails to and from MJP re same; emails among team re same; emails among MJP and o/c re proposed motion extending trial date; review motion on same filed by o/c; emails among team re mediation brief and strategy; edit and supplement mediation brief;

3.9 350 1 $1,365 350

$1,3652/23/2018 MJP Review draft joint motion to reset trial and respond to same. E-mail from SC with

table re: demand on individual defendants. Finalize mediator memorandum letter; send to co-counsel; e-mail from MF re: attendance; respond to same; send memo to mediator with e-mail.

3 600 1 $1,800 600

$1,8002/25/2018 BTC prepare docs for use at mediation 2 350 1 $700 350 $700


2/26/2018 BTC Research prejudgment interest cases and other information for MJP and team at mediation; prepare email legal memorandum re same; strategy with MJP re same; review court order entered resetting trial; strategy with team re settlement at mediation;

3.9 350 1 $1,365 350

$1,3652/26/2018 CMF Receipt and review order resetting trial date; emails to/from BTC and SWA re:

mediation0.3 600 0 $0 600

$02/26/2018 MJP Meet with AK and JB to prepare for mediation. Attend mediation and settle case.

Meet with AK and JB re: post-mediation briefing and documents needed.11.75 600 1 $7,050 600

$7,0502/27/2018 BTC Emails to and from Nextpoint re settlement and database status; 0.2 350 1 $70 350 $702/27/2018 MJP E-mails with AK and JB, and TC from AK re: settlement documents needed. E-mails

with RW re: same. E-mails and TC with JB re: threats from SC.0.5 600 1 $300 600

$3002/28/2018 CMF Emails re: case expenses. 0.1 600 1 $60 600 $602/28/2018 MJP Discussions with RW and AK. 0.25 600 1 $150 600 $1502/28/2018 SWA Emails re: case expenses. 0.1 600 1 $60 600 $60

3/1/2018 MJP E-mails with BR re: class notice. 0.25 600 1 $150 600 $1503/5/2018 MJP Review first draft of settlement agreement, settlement notice, and settlement

election form.1.75 600 1 $1,050 600

$1,0503/6/2018 MJP E-mails to AK and JB re: initial isues with draft settlement documents. 0.25 600 1 $150 600 $1503/7/2018 MJP Make revisions to draft settlement document, notice, and election form; send to

co-counsel. Review revisions by JB. Call with EC and AK. Review suggestions for additional revisions by LY. Phone call re: same with AK, JB, LY and re: tasks to perform to finalize settement.

3.5 600 1 $2,100 600

$2,1003/9/2018 MJP Review defendants proposed orders on approval. Review AK's revisions to

settlement and forms. Review JB revisions.1.25 600 1 $750 600

$7503/11/2018 MJP Modify setltement agreement and all forms and send to co-counsel. 1 600 1 $600 600 $6003/13/2018 CMF Review settlement documents, including fee petition, and revisions to same. 1.25 600 1 $750 600

$7503/13/2018 SWA Review settlement documents, including fee petition, and revisions to same. 1.25 600 1 $750 600

$7503/14/2018 MJP Multiple e-mails among RW, SMC, and AK re: status and completion of revisions to

settlement documents.0.75 600 1 $450 600

$4503/15/2018 MJP E-mails among AK and Marc Hill re: SMC late night e-mails and threats. 0.5 600 0 $0 600 $03/15/2018 SWA Emails to/from AK and MH. 0.2 600 0 $0 600 $03/16/2018 MJP Co-counsel communications re: completion of revisions to settlement documents.

TC with AK re: same.0.25 600 1 $150 600

$1503/16/2018 SWA Email from AK to MH. 0.1 600 0 $0 600 $03/18/2018 MJP TC from JB re: settlement documents. E-mail from SMC re: same. 0.25 600 1 $150 600 $150


3/19/2018 MJP E-mails from AK and JB re: status of settlement documents. 0.25 600 1 $150 600 $1503/20/2018 MJP Review proposed revisions from SMC to settlement document. Review JB

changes. TC from JB re: same.0.75 600 1 $450 600

$4503/21/2018 MJP Review AK modifications to SMC revisions to settlement agreement. Review SMC

changes to Notice and Election forms. Phone cal from AK re: same.1 600 1 $600 600

$6003/22/2018 MJP Final review of AK revisions to SA and SMC revisions to forms. Multiple phone

calls with AK re: finishing revisions to settlement documents. E-mails with SMC re: same. Review final form sent to RW.

1.25 600 1 $750 600

$7503/26/2018 MJP TCs and e-mails to and with RW and BR re: call to court and/or motion to notify

and extend. Discuss wih BC and assist with preparatin of motion and order. Discuss with AL. TC from AK re: letter from SC on fees.

1.25 600 1 $750 600

$7503/27/2018 MJP Discuss settlement with AK. RR court order to suspend deadlines. Review

defendants changes to settlement and forms.0.75 600 1 $450 600

$4503/28/2018 MJP Discuss settlement forms with co-counsel. Revise same. 1.5 600 1 $900 600 $9003/29/2018 MJP Discuss settlement forms with co-counsel. 0.25 600 1 $150 600 $150

4/2/2018 MJP Review AK modifications to settlement agreement. Review SC changes. Discuss with co-counsel.

0.5 600 1 $300 600$300

4/3/2018 MJP Review and discuss AK and SC versions of settlement agreement. E-mails with RW re: SC allegations.

0.5 600 1 $300 600$300

4/4/2018 MJP Call from JB and AK re: SC threats and demand for terms. Discuss with SA. Review background documents.

1 600 1 $600 600$600

4/5/2018 MJP Review draft motion to remove Clearman. TC with AL and AK re: same. Additional TCs with AK and JB re: same. Revise draft motion. Research law on fee petitions.

2.75 600 1 $1,650 600

$1,6504/6/2018 MJP Review AL changes to SA. 0.25 600 1 $150 600 $1504/7/2018 MJP Discuss AL changes with co-counsel. EC e-mail to SC. 0.25 600 1 $150 600 $1504/9/2018 MJP Discuss Clearman situation with co-counsel. Discuss latest version of settlement

draft with AK and then with JB. Ask Clearman for Word copies of files.0.5 600 1 $300 600

$3004/10/2018 MJP Finish review of new version of SA from AL and make revisions to same. Review

and revise notice form and election form from AL and also from SC, and send to AK, JB, and LY.

2.25 600 1 $1,350 600

$1,3504/11/2018 MJP Discuss revisions with LY. Harmonize current revisions to SA and notice forms and

discus with co-counsel.1.75 600 1 $1,050 600

$1,0504/13/2018 MJP Review and discuss settlement event timeline and new defs revisions to

settlemenet documents. 0.75 600 1 $450 600

$4504/16/2018 MJP Discuss settlement changes with LY. Seek minor changes with AL. 0.25 600 1 $150 600 $150


4/17/2018 MJP Review lY initial version of approval motion. AK e-mails re: updated valuation basis. Review SC revisions to approval orders.

0.25 600 1 $150 600$150

4/19/2018 MJP Review SC suggestions to notice forms and LY comments on same. Prepare draft declaration for preliminary approval.

1.75 600 1 $1,050 600$1,050

4/20/2018 MJP Review versions of preliminary approval order and discussions between LY and SC. TC from AK re: same. E-mails with AL re: same.

0.75 600 1 $450 600$450

4/23/2018 MJP Review revisions to preliminary approval order by AL. Review cleam copies of the remaining settlemenet agreement. Phone call with AK to discuss resonse. E-mail from JB re: same. Respond to AL. Initial review of changes to documents from SC.

0.5 600 1 $300 600

$3004/24/2018 MJP Review comments from JB on changes from SC. Review marked documents

showing SC changes.0.5 600 1 $300 600

$3004/25/2018 MJP Analyze SC changes, compare final order revisions between AL and SC; discuss

with co-counsel.1.75 600 1 $1,050 600

$1,0504/27/2018 MJP E-mails with AK and AL re: settlement finalization issues. 0.25 600 1 $150 600 $1504/30/2018 MJP Review and revise response to court re: GA IA motion. Discuss with co-counsel. 0.5 600 1 $300 600

$3005/1/2018 MJP Discuss settlement motion and GA IA motion with AK and JB. 0.25 600 1 $150 600 $1505/2/2018 MJP Check Stream database for info on GA IAs and report to co-counsel. 0.25 600 1 $150 600 $1505/3/2018 MJP Review order from court denying SC motion for notice. Review SC notice of

withdrawal of motion. Several calls and e-mails with co-counsel and attempts to opposing counsel re: same.

0.75 600 1 $450 600

$4505/4/2018 MJP Multiple phone calls from RW discussing potential settlement with GA residents,

SC notice, and related matters. Research law on tolling of SoL for non -certified plaintiffs. Discuss all with co-counsel.

2.25 600 1 $1,350 600

$1,3505/6/2018 MJP Initial view of revised set of settlement papers from RW. 0.25 600 1 $150 600 $1505/7/2018 MJP In-depth review of revised settlement papers from RW. Compare each to version

previously approved by AK/LY/MP/JB and discuss changes with co-counsel. Review of versions from SC. Prepare revisions to SA and review suggested revisions by JB to proposed orders. Calls with LY to resolve.

3.75 600 1 $2,250 600

$2,2505/8/2018 MJP Additional revisions to documents from RW. Send revisions to RW with questions

concerning evolution of schedule and concerning inclusion of GA residents. Discuss with JB.

1.75 600 1 $1,050 600

$1,0505/9/2018 MJP Review versions of documents sent by SC. Compare each of these to latest

versions sent to RW. Discuss with JB. Modify both orders and prepare marked versions, send to RW with explanations. Review response from RW. Review e-mail from SC re: opposition to call with court, etc.

3.25 600 1 $1,950 600

$1,950


5/10/2018 MJP Call from AK re: collusion between RW and SC. Review AK position to RW and SC and response from RW. Discuss situation with co-counsel.

1 600 1 $600 600$600

5/11/2018 MJP Revew RW's explanation of the GA inclusion to AK. Discuss with co-counsel. Review AK's response to RW.

1.25 600 1 $750 600$750

5/14/2018 MJP Call with AK Re: RW position. Send e-mail to RW re: correct background nformation on including GA IAs and jurisdicitonal concern. Respond and reply to RW. Discuss with AK and JB AK's call with RW.

1.5 600 1 $900 600

$9005/15/2018 MJP Revidew revisions to SA by AK and explanation to RW. Review explanation of "not

to exceed" language.1 600 1 $600 600

$6005/16/2018 MJP Review revision by RW to AK version. 0.75 600 1 $450 600 $4505/17/2018 MJP Send RW version to JB. Review AK corres. with RW re: revised terms; review

comments from JB and AK.1.25 600 1 $750 600

$7505/18/2018 MJP Initial review of latest version from RW; JB and AK comments on same. 0.75 600 1 $450 600 $4505/21/2018 MJP Thorough review of RW version of SA from 5-18; propose revisions and comment

on same to AK and JB. Review new version from RW and send concerns to RW. Review comments from AK. Discuss with JB.

2.5 600 1 $1,500 600

$1,5005/22/2018 MJP Review RW final version and SC's final change to final version of SA. 0.5 600 1 $300 600 $3005/23/2018 MJP Review note from RW re: added point from SC confirming SA with or without GA.

Discuss same with co-counsel, including Clearman self-serving addtions about GA notice, need for mediator involvement, and distinguishing GA from rest of class. Review RW summary of case to MF.

2.25 600 1 $1,350 600

$1,3505/24/2018 MJP TCs with AK and JB re: call with mediator. E-mails with co-cousnel re: same.

Prepare for and attend call with MF.1.75 600 1 $1,050 600

$1,0505/25/2018 MJP Review last form of SA, fix formatting issues and finalize, send to AK and JB with

comments. Review deadline list from JB.0.5 600 1 $300 600

$3005/29/2018 MJP Discuss final changes to SA. Run comparison with prior versions and discuss

deadlines with co-counsel.1 600 1 $600 600

$6005/30/2018 MJP TC with AK re: motion for preliminary approval. Brief review of motion from LY. E-

mails with RW re: form of SA to sign and also postcard notice. Revise same. E-mails with co-counsel re: motion to approve.

1.75 600 1 $1,050 600

$1,0506/1/2018 MJP E-mails with RW re: SA and exhibits, signatures. Run comparison of Stream signed

version with priopr approved versions to SA and Exs. A-E. Prepare chart of discrepencies and discuss with co-counsel.

2 600 1 $1,200 600

$1,2006/4/2018 MJP Discuss SA doc discrepancies with co-counsel. Ask RW to fix discrepancies and

review corrected SA from RW.0.75 600 1 $450 600

$4506/5/2018 MJP Detailed review of lates motion to approve. Review and revise exh. B, declaratin

of counsel. Research various case facts and revise motion to approve. Send to co-counsel.

3.5 600 1 $2,100 600

$2,1006/7/2018 MJP Review JB revisions to approval motion for approval. Discuss signature status with

RW.0.25 600 1 $150 600

$150


6/11/2018 MJP Discuss status of client signatures and status of changes to approval motion with co-counsel.

0.25 600 1 $150 600$150

6/12/2018 MJP Review changes to preliminary approval motion made by AK, and discussion among counsel re: declarations needed, content of Taylor opinion, and timing of fee motion.

1.5 600 1 $900 600

$9006/14/2018 MJP Review near final versions of preliminary approval motion and draft of Taylor

declaration.1.25 600 1 $750 600

$7506/18/2018 MJP Revise counsel declaration exhibit B for preliminary approval motion and send to

AK. Review changes requested by defendants to motion. Several e-mails concerning SC's complaints about the motion.

1.75 600 1 $1,050 600

$1,0506/19/2018 MJP Review AK changes to declaration in support of approval. Review PT declaration

in support of settlement.0.25 600 1 $150 600

$1506/20/2018 MJP Discuss prelim approval motion with co-counsel and review RW changes to same. 0.5 600 1 $300 600

$3006/21/2018 MJP Review AK revisions to prelim. App. Motion and declr. Review SC e-mails re: his

possible edits, corres. With RW and AK and JB re: same; and SC's proposal.2.25 600 1 $1,350 600

$1,3506/22/2018 MJP Review RW prposed revisions from last night; discuss with AK and JB, brief review

of as-filed version.1.5 600 1 $900 600

$9006/28/2018 MJP RR order on prelim approval. 0.25 600 1 $150 600 $150

7/5/2018 MJP Review checklist of dates from co-counsel and CAFA notice. 0.25 600 1 $150 600 $1507/13/2018 MJP Review revised notice, postcard, and electrion forms from administrator; Note

discrepancy in Notice to BR; Review comment from SC and follow-up comment from BR, and agreement of SC. Follow-up review of date for objection stated in preliminary approval order and notify BR of discrepancy.

2.25 600 1 $1,350 600

$1,3507/17/2018 MJP Review corrected notice with proper objection date. 0.25 600 1 $150 600 $1507/20/2018 MJP Review Website and telephone scripts and JB comments; review proposed

changes to election form and notice proposed by administrator and comments by JB, BC, and SC. Make suggestions on same and several e-mails with AK, JB, and LY re: same. Review preliminary approval order and attachments thereto and respond to BR.

2.5 600 1 $1,500 600

$1,5007/26/2018 MJP Review latest amendments to Election Form, Website Script, and Notice from BR.

Review comments from SC. Reply to BR with requested changes. E-mail to AK, LY, JB, and BC re: same.

0.75 600 1 $450 600

$4507/30/2018 MJP Review updates to notice, provide doc to administrator. 0.25 600 1 $150 600 $150

8/8/2018 MJP Review initial stats on from adminstrator. 0.25 600 1 $150 600 $1508/27/2018 MJP Call from Jeffrey McElwayne. 0 600 1 $0 600 $0


8/29/2018 MJP Return call to Mr. McElwayne. Return call to Rosemary Martinez (Maria) Martinez. Discuss settlement and status of husband and two children.

0.25 600 1 $150 600$150

8/31/2018 MJP E-mail to BC re: Rosemary Martinez. Review research on same. E-mail to R. Martinez re: IA and settlement status.

0.5 600 1 $300 600$300

9/15/2018 SWA Draft motion to intervene in related case. 3.5 500 1 $1,750 600 $2,1004/28/2028 MJP Review motion to notify GA IAs. Respond to RW on same. Discuss with AK. 0.5 600 1 $300 600

$300

Totals: 4153 $1,568,680 $1,762,025


FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION · civil action no. 4:09-cv-2056 jury demanded...

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Transcript of FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION · civil action no. 4:09-cv-2056 jury demanded...