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Washington Mutual (WMI) - Objection To Monthly Application For Compensation of Weil, Gotshal & Manges LLP Filed by Phillippe Schelker
Washington Mutual (WMI) - Objection To Monthly Application For Compensation of Weil, Gotshal & Manges LLP Filed by Phillippe Schelker
Washington Mutual (WMI) - Objection To Monthly Application For Compensation of Weil, Gotshal & Manges LLP Filed by Phillippe Schelker
April 8, 2011
In re:
Chapter 11
Case No. 08-12229 (MFW)
WASHINGTON MUTUAL INC., et. Al
DEBTORS
¨0¤q6=+$, X0«
0812229110412000000000056
PRELIMINARY STATEMENT
The "Tower of Babel" (see Exhibit A) is becoming ever greater and taller. From one month to the
next. I have long watched it happening from Switzerland. But now the time has come when I
must file an objection against the excessive Estate-Milking going on for more than 2 years by the
debtors attorneys. In particular Weil Gotshal & Manges LLP is invoicing too many hours and is
using excessive hourly rates.
These words by the well-known bankruptcy attorney, Harvey Miller (see Exhibit B) also stem
from the bankruptcy chambers of Weil Gotshal & Manges. Is anyone surprised? This definitely
appears best to reflect company policy at Weil Gotshal & Manges: if you can get it, get it.
By their most recent invoice the already massively excessive hourly rates are being increased
again. Now for example, the hourly rate of Mr. Rosen has been increased from an original
$ 975.00 by 7.70% to a handsome $ 1,050.00. Quite in conformance with the motto of
Weil Gotshal's company policy: "IF YOU CAN GET IT, GET IT".
Contrary to the many assertions by Brian Rosen, far too many millions or even billions of dollars
are missing in order for the shareholders to receive any distribution, but the estate apparently still
has sufficient liquid funds to fill the pockets of the bankruptcy attorneys. For example, lodging is
obtained in the finest, luxury hotels, princely dining and each individual telephone call,
photocopy and postage stamp is invoiced down to the minutest detail - all at shareholders'
expense.
As long as the Debtors is not in a position to represent and to enforce the interest of all
WMI shareholders, I can see no occasion to increase the remuneration of the attorneys.
Again, one simply must not lose sight ofthe fact that these funds do in fact pertain to the property
of the shareholders of Washington Mutual Inc., who according to the current plan of
reorganization will still get nothing.
It was Weil Gotshal & Manges's objective to milk out the last drop from JP Morgan Chase and
the FDIC, and NOT their own clients (!), the shareholders. Apparently, since the Global
Settlement Agreement is satisfactory and no arrangements are being made to negotiate an
amended settlement at all, wherein the shareholders also will get something, people are just
quietly dipping into the funds from the estate and accusing the shareholders in open court of
wanting to milk JP Morgan Chase. This is just going too far.
Therefore I am filing an objection to the billing by Wei! Gotshal & Manges LLP.
ARGUMENT
I. EXCESSIVE HOURLY RATES
A) COMPARISON OF HOURLY RATES 1
Whereas the Associates at Wei! Gotshal & Manges are invoicing a Blended Rate of "only"
$ 618.31, the rate of Wei I Gotshal & Manges' counsels add up to a handsome of$ 944.33.
The fees for Weil Gotshal & Manges attorneys are 52.72% higher!
B) LAFFEY MATRIX
Courts have overwhelmingly adopted the Laffey Matrix2 as the most equitable way to
determine 3appropriate legal fees for petitions against both public- and private-sector
defendants in the Washington-Baltimore area.
The Laffey Matrix recommends the following hourly rates4 and has already applied
successfully in several cases5 •
2 The matrix first developed in Laffey v. Northwest Airlines, 746 F.2d 4 (D.C. Cir. 1984), and updated in subsequent
years has been accepted in this Circuit as an appropriate standard for prevailing market rates in this community.
Covington v. District of Columbia, 57 F.3d 1101, 1109 (D.C. Cir. 1995).
3 See Ricks v. Barnes, No. 05-1756 HHKiDAR, 2007 U.S. Dist. LEXIS 22410, at *16 (D.D.C. Mar. 28, 2007)
(finding Updated Matrix rates reasonable); Smith v. District of Columbia, 466 F. Supp. 2d 151, 156 (D.D.C. 2006)
(concluding that use of the Updated Matrix is reasonable and noting that the Updated Matrix is more accurate than
the Laffey Matrix because the Updated Matrix is "based on increases/decreases in legal services rather than
increase[s]/decreases in the entire CPI which includes price changes for many different goods and services");
However the "WGM-Matrix" is somewhat more generous:
B) BLENDED RATES
4 http://www.laffeymatrix.comlsee.html
5 "Years Out of Law School" is calculated from June 1 of each year, when most law students graduate. "1-3" includes
an attorney in his 1st, 2nd and 3rd years of practice, measured from date of graduation (June I). "4-7" applies to
attorneys in their 4th, 5th, 6th and 7th years of practice. An attorney who graduated in May 1996 would be in tier "1-
3" from June I, 1996 until May 31, 1999, would move into tier "4-7" on June I, 1999, and tier "8-10" on June I,
2003.
6 The Adjustment Factor refers to the nation-wide Legal Services Component of the Consumer Price Index produced
by the Bureau of Labor Statistics of the United States Department of Labor.
7 The methodology of calculation and benchmarking for this Updated Laffey Matrix has been approved in a number
of cases. See, e.g., McDowell v. District of Columbia, Civ. A. No. 00-594 (RCL), LEXSEE 2001 U.S. Dist. LEXIS
8114 (D.D.C. June 4, 2001); Salazar v. Dist. of Col., 123 F.Supp.2d 8 (D.D.C. 2000).
II. TOO MANY HOURS INVOICED
As one can see from Exhibit D11D2 and E11E2 the invoiced hours are just happily piled
onto the Estate. Rosen's unbeatable invoicing has meanwhile run up to invincible figures:
Such working hours are neither credible nor defensible, since all this took place within a
very narrow timeframe. Within 3 consecutive days, Mr. Rosen worked 58 hours. That
leaves just 14 hours over for:
- Sleep
- Eating & personal care
- Commuting back and forth to the office
In my experience, such working times cannot be justified, not even with the most
meticulously accurate invoicing data. Moreover, a workload of this kind and so little sleep
is quite impossible.
In their January invoice, Weil Gotshal and Manges implemented a salary increase of 7.70%.
8
In a small footnote it was quietly pointed out.
Since Weil Gotshal & Manges also has to be paid from the shareholders' assets, I thus
request the Debtors to justify the salary increase in a definitive manner:
If one were to take a look at the otherwise horrendous hourly rates - then I request the
bankruptcy court and the US Trustee to reduce the hourly rates of all in accordance
with the Laffey Matrix in order thereby to shield the WMI assets.
For the reasons stated above I request the court not approve the hourly increase per 01-01-2011.
The invoice should be recalculated at the hourly rate at the level of the previous year, if not
indeed at the rates given in the Laffey Matrix. A step-down of the hourly wage would be more
than reasonable, since Mr. Rosen himself is working consciously for the Estate and by no means
would want to squander bankruptcy assets unnecessarily, as clearly shown by his statement at one
of the last hearings (see Exhibit G).
I addition, I call up the Debtors in future invoices not to list the expenses according to "Project
Description", but rather to invoice the billed hours clearly by individual counsel and arranged by
date. Only in this manner can one form a concrete picture about the individual expenses per
person.
Within the scope of the subsequent bankruptcy case (e.g. in a general Valuation Hearing) if it
should tum out that the Debtors:
I hereby call upon the court and the US Trustee to order a reasonable claw-back
retroactively for all invoices by Weil Gotshal & Manges.
If it is in the interest of attorneys to enrich themselves in this large bankruptcy case, then they are
free to do so, but not at the expense of the already suffering WMI shareholders, but rather at the
expense of our opponents: JPMC & FDIC. I can understand that this is far simpler to milk a
number of small cows (shareholders) instead of turning to the "Holy Cow": JP Morgan Chase.
With Susman Godfrey LLP at their side - one of the most renowned and successful trial attorneys
in the entire USA - Weil Gotshal & Manges would have the best circumstances for a complaint
against JPMC / FDIC for generating additional billions for the Estate and in this manner to say, in
Rosen's word: "to continue the milking".
Respectfully submitted,
Weil GotshaI & Manges LLP Office of the United States Trustee
Brian S. Rosen Jane M. Leamy
767 Fifth Avenue for The District of Delaware
New York, NY 10153 844 King Street, Suite 2207
Wilmington, DE 19801
60 Million
50 Million +--I---l'
20 Million +-I-----t
10 Million +--f----{ . .
Some big machers in the U.S. are asking as much as $1,250 an hour, significantly more than
in previous years, taking advantage of big clients' willingness to pay top dollar for certain
types of services.
As the WSJ's Nathan Koppel wrote back in 2007, a few pioneers had raised their fees to more
than $1,000 an hour about five years ago, at the peak of the economic boom. But after the
recession hit, many of the rest ofthe industry's elite were hesitant, until recently, to charge
more than $990 an hour.
While companies have cut legal budgets and continue to push for hourly discounts and
capped-fee deals with their law firms, many of them have shown they won't skimp on some
kinds of legal advice, especially in high-stakes situations or when they think a star attorney
might resolve their problem faster and more efficiently than a lesser-known talent.
Harvey Miller, a bankruptcy partner at New York-based Weil, Gotshal & Manges, said his
firm had an "artificial constraint" limiting top partners' hourly fee because "$1,000 an hour is
a lot of money." It got rid of the cap after studying filings that showed other lawyers
surpassing that barrier by about $50.
Today Miller and some other lawyers at Weil Gotshal ask as much as
$1,045 an hour. "The underlying principle is if you can get it, get it," he
said.
That said, firms are having a harder time selling rate hikes on their associates.
"Plenty of clients say to me, 'I don't have any problems with your rate,' " said William F.
Nelson, a Washington-based tax partner at Bingham McCutchen, who commands $1,095 an
hour, up from $1,065 last year. "But there is price pressure for associates, especially junior
lawyers. So where's it all headed? Nowhere but up, say law-firm experts. "A thousand dollars
an hour was a choke point for some clients," said Peter Zeughauser, a consultant to law firms.
"I don't think there will be another significant psychological barrier until rates reach
$2,000 an hour, which they will do, probably in five to seven years."
Facing a shortage of billable hours, the lifeblood of the legal profession, many corporate law
firms have been downsizing.
But there's no fee drought at Weil Gotshal & Manges - the firm just applied for a whopping
$55 million in compensation for its work as counsel to Lehman Brothers during the first four
and a half months of the firm's chaotic, sprawling bankruptcy case.
Monday's fee application is a study in huge numbers. In the period from Sept. 15,2008, to
Jan. 31,2009, Wei I employees (from partners to paralegals) clocked a total of 100,296 hours
on Lehman-related work, Weil said. That's more than 700 hours a day, seven days a week.
Harvey R. Miller, the head ofthe firm's restructuring practice, booked nearly 795 hours at the
gold-plated rate of $950 an hour, making his fees alone worth $755,060.
Weil's partners billed nearly 29,400 hours on Lehman work during the period, at an average,
"blended" rate of$824.56. Associates at Weil worked even more, billing about 58,400 hours
at a more modest average rate of $485.40.
Weil Gotshal often takes the lead in major bankruptcy cases, and it was paid nearly $150
million in fees for its role advising Enron through its reorganization.
In its Lehman application, which will be reviewed by the United States trustee overseeing the
case, Weil points out the many complexities of the Chapter 11 case. It began in a whirlwind in
mid-September when Lehman - the fourth-largest Wall Street firm at the time - slumped
into Chapter 11 protection, claiming some $613 billion in liabilities, after the government
declined to offer a rescue.
"As Lehman's employees rushed out of Lehman's offices with boxes and suitcases filled with
their belongings, WGM attorneys rushed in," Weil said in its fee application. As Lehman's
main legal adviser, Weil said it has helped the firm stabilize its business in the early days of
the case, protect the value of its assets, sell various units (including its capital markets
business in the United States) and deal with 16 lawsuits filed against Lehman as part of the
bankruptcy case.
Weil isn't the only firm reaping big fees from Lehman's Chapter 11 case. Milbank Tweed
Hadley McCloy, which is advising Lehman's official committee of unsecured creditors, is
seeking $12.1 million in fees for the period through the end of January. Lazard, Lehman's
investment banker, is asking for $6.6 million.
Source:
http://dealbook.nytimes.coml2009/04/14/weils-big-bill-to-lehman-brothersl
EXHIBITB
[Some Press-Articles]
LAW.COM:
The biggest biller, to no one's surprise, continues to be Lehman's lead debtor counsel at Weil,
Gotshal & Manges, which has billed the estate just short of $165 million since the bankruptcy
filing. As we reported in February, Weil's bill breaks down to about $300,000 per day since
Lehman's bankruptcy filing. Weil billed about $15 million in January and February combined,
which breaks down to about $255,000 per day over those two months. l
LAWFORWARD:
Legal expenses for the defunct investment bank Lehman Brothers have exceed $1 billion,
according to Am Law Daily.
The report said the threshhold was passed by September billings, including $16.1 by
Lehman's lead Chapter 11 counsel Weil, Gotshal & Manges, bringing the firm's total bill to
$237 million for its bankruptcy work. 2
1 http://www.law.comljsp/article.jsp?id=1202449289658&slretum=1&hbxlogin=l
2 http://lawforward.legalzoom.comllegal-reformlbilling-a-billion-new-record-in-Iegal-fees-in-bankruptcyl
EXHIBITC
EDGAR G. SARGENT 1 BRIAN S. ROSEN 2
THE $ 450.00 MAN THE $ 1,050 MAN
£DUCATION
Yale University (B.A. in philosophy, 1986) Brandeis University (B.A., 1980);
University of Washington Suffolk University (J.D., 1983)
(J.D. with high honors, 1998)
EXPERIENCE
- Currently representing the Chrysler - Represented racetrack and casino
bankruptcy estate in multi-billion dollar operator Magna Entertainment in its $43
fraudulent conveyance claims against million chapter 11 bankruptcy auction
Chrysler's former parent, Daimler, and and sale, of Thistledown Racetrack
several former directors. branded casino entertainment provider
Harrah's Entertainment.
$ 450.00 $ 1,050.00
I http://www.susmangodfrey.coml?id=175
2 http://www.weil.comlbrianrosenl
EXHIBIT 01
SCHE0 ULE of Brian Rosen
NOVEMBER 2010
14.30 16.30
Hour$ Hour$
EXHIBIT 02
11.00 6.40
Hour$ Hour$
MONDAY TUESDAY
8.40
Hour$
EXHIBITEI
WElL GOTSHAL & MANGES LLP
Billing from November 1,2010 through November 30,2010
Hourly Breakdown of BRIAN ROSEN 1 (per day)
MONDAY
li/Ol/IO Rosen, Brian 0.60 $ 585.00
CALL c. SMITH RE: UPDATE.
TUESDAY
11102/10 Rosen, Brian 0.90 $ 877.50
CALL WITH T. SAPEIKA, K. DIBLASI, C. SMITH, B. KOSTUROS, J. MACIEL, J.
GOULDING, D. ELSBERG AND C. WELLS RE: STATUS.
Rosen, Brian 1.10 $ 1,072.50
REVIEW NOTICE OF EQUITY COMMITTEE (.2); CALL C. SMITH RE: SAME (.2); MEMO
TO A. SCHLOSS RE: SAME (.1); CALL C. SMITH RE: SAME (.2); CALL B. KOSTUROS RE:
SAME (.2); CALL J. NELSON RE: ADJOURNMENT (.2)
WEDNESDAY
11103/10 Rosen, Brian 0.30 $ 292.50
MEMO TO F. HODARA RE: EQUITY COMMITTEE.
THURSDAY
11104/10 Rosen, Brian 0.50 $ 487.50
REVIEW FDIC/JPMC VOTE CALCULATIONS.
FRIDAY
11105110 Rosen, Brian 0.20 $ 195.00
MEMO TO H. SEWELL RE: 1119 CALENDAR.
SATURDAY
11/06/10 Rosen, Brian 3.90 $ 3,802.50
REVIEW PLEADINGS.
SUNDAY
11/07/10 Rosen, Brian 0.80 $ 780.00
CONFERENCE CALL WITH ALVAREZ & MARSAL, WMI, AKIN GUMP AND FTI RE:
CASE UPDATE.
MONDAY
11108/10 Rosen, Brian 0.20 $ 195.00
MEMO TO B. STARK RE: 1119 AGENDA.
TUESDAY
11109/10 Rosen, Brian 0.30 $ 292.50
MEETING WITH K. DIBLASI RE: PENDING ISSUES AND STATUS UPDATE.
WEDNESDAY
11110/10 Rosen, Brian OAO $ 390.00
REVIEW ENGAGEMENT LETTER (.2); MEM 0 TO R. SACKS RE: SAM E (.2).
THURSDAY
11111110 Rosen, Brian 1.90 $ 1,852.50
REVIEW AND REVISE DIRECTOR PRESENTATION RE: CLAIMS (.6); REVISE M. ETKIN
STIPULATION (MARTA) AND DISTRIBUTE (.7); REVIEW WARRANT
AGENT/LITIGATION TRACKING WARRANTS EXPENSES (.2); MEMO TO 1. MACIEL RE:
SAME (.1); REVIEW PRINCIPAL FINANCIAL GROUP CLAIM RESPONSE (.2); MEMO TO J.
GURDIAN RE: SAM E (.1).
FRIDAY
1lI12/1O Rosen, Brian 0.30 $ 292.50
REVIEW AT&T/WMI FEES (.2); CALL W ITH M. COLLINS RE: SAME (.1).
SATURDAY
11113/10 Rosen, Brian 0.70 $ 682.50
MEETING WITH K. DIBLASI RE: PENDING ISSUES AND ASSIGNMENTS
MONDAY
11/15/10 Rosen, Brian 2.00 $ 1,950.00
REVIEW ESTIMATION MOTION (1.9); CALL P. O'TOOLE RE: BONDHOLDER ISSUES (.1).
TUESDAY
11116/10 Rosen, Brian 0.10 $ 97.50
CALL P. O'TOOLE RE: CLAIMS STATUS.
WEDNESDAY
11117110 Rosen, Brian 0.60 $ 585.00
REVIEW PLEADINGS.
THURSDAY
1lI18110 Rosen, Brian 1.00 $ 975.00
ATTEND TEAM MEETING.
FRIDAY
1lI19/1O Rosen, Brian 14.00 $ 13,650.00
MEMO TO C. SMITH RE: VOTING RESULTS/ RELEASE (.2); MEMO TO W. KOSTUROS
RE: PIERS VOTE (.1); CALL WITH A. LANDIS RE: RELEASE LANGUAGE (.4); REVIEW
PROPOSED LANGUAGE (.3); CALL WITH J. UZZI RE: OBJECTION EXTENSION (.3);
MEMO TO KOSTUROS RE: SAME (.1); CALL WITH M. ETKIN RE: RELEASE LANGUAGE
(.3); CALL WITH B. SACKS RE: SAME (.2); MEMO TO B. SACKS RE: SECURITIES
RELEASES (.1); MEMO TO J. UZZI RE: EXTENSION (.1); REVIEW LEAD PLAINTIFF
MOTION IN PECHMAN (.4); CALL WITH B. FINESTONE RE: SAME (.2); CALL WITH D.
STEIN RE: SAME (.3); CALL WITH C. SMITH RE: SAME (.3); REVIEW UZZI RESPONSE
AND REPLY (.2); MEMO TO P. O'TOOLE RE: A&R OFFER (.2); CALL WITH C. SMITH RE:
SAME (.1); REVIEW TRICADIA RESPONSE (.4); MEMO TO T. SAPIEKA RE: SAME (.1);
CALL WITH J. GOULDING RE: UZZI SUBORDINATION INFO (.2); MEMO TO J. UZZI RE:
SAME (.1); REVIEW TRANQUILITY OBJECTION (.2); REVIEW S. ZELIN DECLARATION
(1.1); REVIEW W. KOSTUROS DECLARATION (1.3); MEMO TO M. ETKIN RE: MARTA
STIP (.2); CALL WITH MARTA COUNSEL (.3); REVISE AND DISTRIBUTE RELEASE
PROVISIONS (2.3); MEMO TO FEINBERG RE: SARKOZY (.2); CALL WITH C. SMITH RE:
ALEXANDER & REED PROPOSAL (.3); MEMO TO P. O'TOOLE RE: SAME (.1); REVISE
AND DSITRIBUTE MARTA STIP (.3); REVIEW BKK OBJECTIONS TO CONFIRMATION
(1.2); REVISE SETTLEMENT AGREEMENT (Ll); MEMO TO 1. MACIEL RE: SCHEDULES
(.1); FURTHER REVISE RELEASE PROVISIONS AND DISTRIBUTE (.7).
SATURDAY
11120/10 Rosen, Brian 0.10 $ 97.50
MEMO TO A. LEVINE RE: DECLARATION AND TRANQUILITY.
SUNDAY
11121110 Rosen, Brian 0.20 $ 195.00
MEMO TO A. LEVINE RE: DECLARATION AND TRANQUILITY.
MONDAY
11122/10 Rosen, Brian 0.50 $ 487.50
ATTEND TEAM MEETING RE: STATUS.
TUESDAY
11123/10 Rosen, Brian l.30 $ 633.75
TRAVEL TO WILMINGTON (.5); RETURN TRAVEL BACK TO NEW YORK (.8).
WEDNESDAY
11124/10 Rosen, Brian l2.90 $ 12,577.00
MEETINGS RE: CONFIRMATION PREPARATION (2.3); REVIEW AND REVISE
CONFIRMATION BRIEF (2.3); REVIEW AND REVISE DECLARATIONS IN SUPPORT OF
SAME (4.2); REVISE PLAN MODIFICATION (2.3); CONFERENCES AND MEMOS RE:
FOREGOING (l.2); CALL WITH TEAM RE: FILING (.6).
THURSDAY
11125/10 Rosen, Brian 2.30 $ 2,242.50
REVIEW SONTERRA PLEADINGS (.3); MEMO TO V. JOHNSON RE: SAME (.1); REVIEW S.
ZELIN DECLARATION (1.1); REVIEW S. ZELIN EXPERT REPORT (.8).
SATURDAY
11127110 Rosen, Brian 8.90 $ 8,677.50
REVIEW DECLARATIONS, BRIEF, PLAN AND TESTIMONY RE: CONFIRMATION
PREPARATION.
SUNDAY
11128/10 Rosen, Brian 0.10 $ 97.50
CALL P. O'TOOLE RE: R. ALEXANDER CLAIM.
MONDAY
11129/10 Rosen, Brian 12.10 $ 11,797.49
TEAM MEETING RE: CONFIRMATION PREPARATION (1.0); REVIEW MATERIALS RE:
SAME AND SUMMARY JUDGMENT HEARING (4.4); MEETING AT RICHARD LAYTON;
MEETINGS RE: OBJECTION, RESOLUTION, AND ORDER (5.0); CALL WITH E.
COLEMAN, C. SMITH AND M . ETKIN RE: SAME (.5); CALL WITH TEAM RE:
CONFIRMATION SCHEDULE (1.2).
TUESDAY
11130/30 Rosen, Brian 0.40 $ 195.00
TRAVEL TO DELA WARE.
SATURDAY
01101111 Rosen, Brian 3.00 $ 3,150.00
REVIEW PLEADINGS RE: 55TH OMNIBUS CLAIM OBJECTION (2.9); MEMO TO
T. FRONGILLO RE: MOCK ARGUMENT (.1).
SUNDAY
01102/11 Rosen, Brian 0.10 $ 105.00
MEMO TO R. SHARMA RE: MEETING.
MONDAY
01103/11 Rosen, Brian 0.10 $ 105.00
MEMO TO C. SMITH RE: OUTSTANDING ISSUES.
TUESDAY
01104/11 Rosen, Brian 0.40 $ 420.00
REVIEW ARTICLE RE: FDICIDOWNEY ISSUES (.2); TELEPHONE CONFERENCE
WITH C. SMITH RE: SAME (.2).
Rosen, Brian 2.40 $ 2,520.00
MEETING WITH B. KOSTUROS, C. SMITH, J. MACIEL, 1. GOULDING AND E. COLEMAN
RE: OPEN ISSUES.
WEDNESDAY
01105111 Rosen, Brian 3..40 $ 3,570.00
ATTEND MEETING WITH 1. SHIFFMAN, J. GOULDING, C. SMITH AND A.
STROCHAK RE: HEARING ON EST lMATION OF LIQUIDATION TRACKING
(3.2); REVISE FORM OF STIPULATIO N (.2).
THURSDAY
01106111 Rosen, Brian 2.90 $ 1,522.50
TRAVEL TO WILMINGTON (1.6); TRAVEL TO NY (1.3).
FRIDAY
01107/11 Rosen, Brian 0.80 $ 840.00
REVIEW AND REV ISE 55TH OMNIBUS CLAIMS ORDER.
SATURDAY
01108/11 Rosen, Brian 2.60 $ 2,730.00
REVIEW F. HODARA MEMO RE: OPINION (.1); MEMO TO R. JOHNSON RE: CALL (.1);
MEMO TO 1. MACIEL RE: LITIGATION TRACKING WARRANTS RESERVE (.1); REVIEW
AND REVISE OPINION SUMMARY (.4); MEMO TO S. NAGLE RE: ISSUES (.4); FINAL
REVIEW OF OPINION SUMMARY (.3); CONFERENCE CALL WITH COMMITTEE RE:
OPINIONS (.6); CONFERENCE CALL WITH WMI TEAM RE: SAM E (.6).
SUNDAY
01109111 Rosen, Brian 1.00 $ 1,050.00
REVIEW PLEADINGS.
MONDAY
01110/11 Rosen, Brian 0.80 $ 840.00
ATTEND WElL MEETING RE: OPEN ISSUES.
Rosen, Brian 0.60 $ 630.00
MEMO TO R. SHARMA RE: CHICAGO RESPONSE (.1); CONF CALL WITH A.
STROCHAK, V. JOHNSON AND J. SHIFFM AN RE: LITIT GAT ION TRA CKIN G
WARRANT S (.5).
TUESDAY
01111111 Rosen, Brian 0.70 $ 735.00
REVIEW PLEADINGS.
WEDNESDAY
01112111 Rosen, Brian 0.80 $ 840.00
ME ETING WITH J. WIN E RE: RESOLUT ION OF DIRECT OR AND OFFICER
INDEM NIFICA TION CLAIMS (.6); CONFER W ITH C. SMITH RE: DIRECT OR
AND OFFICER ESTIMATION ISSUES (.2).
THURSDAY
01113/11 Rosen, Brian 0.50 $ 525.00
ATTEND WElL TEAM MEETING RE: OPEN ISSUES.
FRIDAY
01114111 Rosen, Brian 0.10 $ 105.00
MEMO TO J. WINE RE: DIRECTOR AND OFFICER STIPULATION.
SATURDAY
01115/11 Rosen, Brian 2.50 $ 2,625.00
REVIEW CHART OF PROPOSED AMENDMENTS TO PLAN (1.3); TELEPHONE
CONFERENCE WITH K. DIBLASI RE : SAME (.3); MEM 0 TO GROU P RE: SINGU
LAR CHAR T (.1); ME MO TO C. SMITH RE: SAM E (.1); MEMO TO K. DIBLASI
RE: TIMING (.2); REVIEW NOTICE OF STATUS CONFERENCE (.4); MEMO TO K.
DIBLASI RE : SAME (.1).
SUNDAY
01116/11 Rosen, Brian 1.20 $ 1,260.00
REVIEW PROPOSED CHART OF PLAN AMEND MENT S (.7); MEMO TO K.
DIBLASI RE: SAM E (.1); TELEPHONE CONFERENCE W ITH C. SMITH RE:
SAME (.4).
MONDAY
01117/11 Rosen, Brian 0.20 $ 210.00
MEMO TO T. FRO NGILLO RE: 55TH ORDE R OM NIBUS CLAIM S (.1); REVIEW
RESPONSE (.1).
Rosen, Brian 2.40 $ 2,520.00
REVISE PLAN.
TUESDAY
01118/11 Rosen, Brian 0.90 $ 945.00
CALL WITH K. DIBLASI RE: PENDING ISSUES AND STATUS.
WEDNESDAY
01119/11 Rosen, Brian 0.40 $ 420.00
REVIEW PLEADINGS.
Rosen, Brian 0.10 $ 105.00
MEMO TO 1. WINE RE: ESTIMATION STIPULATION.
Rosen, Brian 0.70 $ 735.00
REVISE ALEXANDER & REED SETTLEMENT AND DISTRIBUTE (.4);
TELEPHONE CONFERENCE WITH P. O'TOOLE RE: SAM E (.3).
THURSDAY
01120111 Rosen, Brian 0.60 $ 630.00
REVIEW PLEADINGS
FRIDAY
01121111 Rosen, Brian 1.00 $ 1,050.00
PREPARE AGENDA (.7); TELEPHONE CONFERENCE WITH C. SMITH RE: SAME
(.3).
SATURDAY
01122111 Rosen, Brian 1.50 $ 1,575.00
REVIEW TRANQUILITY RE SPO NSE (1.4); MEM 0 TO A. ST ROC HAK RE:
SAM E (.1).
SUNDAY
01123/11 Rosen, Brian 0.50 $ 525.00
REVIEW AND REVISE FDIC STIPULATION.
MONDAY
01124111 Rosen, Brian 0.60 $ 630.00
ATTEND WElL TEAM MEETING RE: OPEN ISSUES AND ASSIGNMENTS.
Rosen, Brian 0.40 $ 420.00
MEMO TO G. ZBOROVSKY RE: FDIC STIPULATIO N (.1); REVISE SAME
AND DISTRIBUTE (.3).
TUESDAY
01125111 Rosen, Brian 0.30 $315.00
CALL K. DIBLASI RE: STATUS UPDATE.
THURSDAY
01127111 Rosen, Brian 0.30 $315.00
REVIEW LETTER TO COURT AND EXHIBITS.
FRIDAY
01128/11 Rosen, Brian 0.50 $ 525.00
CALL K. DIBLASI RE: PLAN AND DISCLOSURE STATEMENT.
SATURDAY
01129/11 Rosen, Brian 2.10 $ 2,205.00
ME MO S TO S. NAGLE RE : AL TERNA TIVESITIM ING (.3); REVISE PLAN (1.8).
SUNDAY
01/30/11 Rosen, Brian 0.70 $ 735.00
REVIEW AND REVISE PLEADINGS.
MONDAY
01/31/11 Rosen, Brian 0.20 $ 210.00
TELEPHONE CONFERENCE WITH M. COLLINS RE: COURT CALENDAR.
Page 148
1 THE COURT: What about a suggestion of going to
5 I'll take liberties with Mr. Stark -- the open mike night.
9 go to any forum and say no, Your Honor. But we've tried.
10 We've done our best. And based upon where things are, there is
11 no benefit.
13 will sit through the process. But based upon the demands that
14 have been made and based upon the facts and the law as we know
16 waste of the estate's assets and time and something else that
b
17 will be foisted upon the estate, where someone is looking to
22 think it's necessary for me to take any more time of the Court.