10000002118

Page 1 of 6
MOTION FOR REIMBURSEMENT OF FEES

AND COSTS
FREEBORN & PETERS LLP
JASON R. KLINOWSKI, ESQ.
311 SOUTH WACKER DRIVE, SUITE 3000
CHICAGO, ILLINOIS 60606
TEL: (312) 360-6000 FAX: (312) 360-6570
UNITED STATES BANKRUPTCY COURT
WESTERN DISTRICT OF TEXAS
In Re: )
) Case No. 5:12-BK-50073-LMC
DELTA PRODUCE, LP, et al.
Debtors.
)
)
)
Chapter 11
Jointly Administered
MOTION FOR REIMBURSEMENT OF FEES AND COSTS
Muller Trading Company, Inc. (Claimant) hereby moves this Honorable Court for
entry of an Order authorizing and directing the reimbursement of those fees and costs incurred in
the initiation and prosecution of the certain claims under the Perishable Agricultural
Commodities Act, 1930, as amended, 7 U.S.C. 499a-499t (2012) (the "PACA") against Delta
Produce LP, Delta Produce Management LLC (collectively Debtors) and Walter Jensen (the
Principal) under the common fund doctrine and pursuant to the Order Establishing PACA
Claims Procedure this Honorable Court entered on February 29, 2012 ("Claims Order") [BK
1
-
D.E. 124]. This motion is brought to ensure that Claimant is not unfairly required to bear 100%
of these fees and costs when the proceeds of these efforts will be shared among all holders of
valid PACA trust claims in this case. In support of its motion, Claimant respectfully states as
follows:
1. On December 28, 2011, Claimant initiated a District Court proceeding in the
Western District of Texas by filing a complaint, case number 1:11-cv-01114-SS, to prevent
further dissipation of the express statutory trust imposed on the assets in the possession of the
Defendants. [DC
2
- D.E. # 1].
1
BK = Bankruptcy Court docket associated with W.D. Tex. case no. 12-50073.
2
DC = District Court docket associated with case W.D. Tex case no. 1:11-cv-0114-SS
12-50073-lmc Doc#300 Filed 09/12/12 Entered 09/12/12 23:29:15 Main Document Pg 1 of
6
Page 2 of 6
AND COSTS
TEL: (312) 360-6000 FAX: (312) 360-6570
2. On December 29, 2011, Claimant filed an application for a temporary restraining
order ("TRO") to prevent further dissipation of the express statutory trust imposed on the assets
in the possession of the Defendants. [DC - D.E. # 4-8].
3. The Claimants Complaint, along with each subsequent amended version thereof,
expressly plead and prayed for the following:
On information and belief, additional unknown and unpaid trust
beneficiaries exist.
As a result, [Claimant] further seeks the entry of an Order directing the
Defendants to immediately turn over to the registry of the Court all assets
impressed with the PACA trust for the benefit of all unpaid trust beneficiaries
such as the [Claimant] herein, thereby creating a fund for the benefit of said trust
beneficiaries.
See [DC - D.E. # 1, pg. 4 at 19].
4. On the December 29, 2011, a hearing was held on Claimant's application for a
TRO and the Honorable Sam Sparks entered the TRO and scheduled a preliminary injunction
hearing on January 5, 2012. [DC - D.E. #12].
5. On the December 29, 2011, Claimant filed a Notice of Related Case and Entry of
a Temporary Restraining Order in an after filed PACA case to reduce the amount of unnecessary
litigation and to illustrate the fact that two different judges were addressing similar claims
against the same Debtor. [DC - D.E. #14-15].
6. On the December 30, 2011, Claimant filed a Motion for Entry of an Order
Establishing a PACA Claims Procedure in order to ensure that all of the Debtors PACA trust
beneficiaries would be able to share in the distribution of the assets subject to Judge Sparks
December 29, 2012 TRO. [DC - D.E. #16-17].
6
Page 3 of 6
AND COSTS
TEL: (312) 360-6000 FAX: (312) 360-6570
7. On the December 30, 2011, Claimant filed its a notice certifying that it had in
fact properly served the TRO upon the Debtors bank, which was International Bank of
Commerce [D.E. #19]. This service effectively froze the Debtors accounts at International Bank
of Commerce (IBC).
8. On December 30, 2011, Claimant caused the Debtor to be properly served with its
Summons, Complaint and TRO. [DC - D.E. #28].
9. On January 4, 2012, the Defendants filed a Suggestion of Bankruptcy followed by
a Motion to Stay Case on January 5, 2012. [DC - D.E. # 23-24].
10. On January 5, 2012, the Court entered an Order continuing the TRO until January
12, 2012 and transferred the case to the Western District of Texas Bankruptcy Court San Antonio
Division. [DC - D.E. # 25 & 27].
11. On January 17, 2012, the Court entered an Order transferred the case to Judge
Xavier Rodriguez of Western District of Texas San Antonio Division and dissolving Claimants
TRO and expressly holding that the Debtors:
Delta Produce, LP, and Superior Tomato-Avocado, Ltd. hold funds that are trust
funds under the Perishable Agricultural Commodities Act and all such trust funds,
particularly including cash on hand and receivables collected to date and in the
future, shall be maintained and segregated pending the termination of the amount
and extent of such trust assets by the United States Bankruptcy Court concerning
the utilization of such trust funds by any debtor of defendant, on notice to trust
fund claimants.
See [DC - D.E. # 27].
12. As a direct result of the District Courts January 17
th
Order, all funds in the
Debtors possession, custody and control between December 30, 2012 (TRO service date) and
January 17, 2012 (Order date) were preserved for the benefit of all PACA trust creditors. As
6
Page 4 of 6
AND COSTS
TEL: (312) 360-6000 FAX: (312) 360-6570
identified in the Debtors schedules, IBC froze $1,247,842.77 in three separate accounts pursuant
to Claimants TRO, which ensured said funds were in the Debtors accounts when it filed for
bankuptcy protection. See [BK D.E. #85, pg 3]
13. As a direct result of the District Courts January 17
th
Order, and all funds coming
into the Debtors possession, custody and control thereafeter were similarly preserved for the
benefit of all PACA trust creditors. As identified in the Debtors schedules, the Debtors
accounts receivable was valued at $1,892,834.95. See [BK D.E. #85, pg 4]
14. There is ample case law supporting such an equitable distribution of the fees and
costs of collective action which produces collective benefit are numerous. "It is well settled that
a litigant or a lawyer who recovers a common fund for the benefit of persons other than himself
or his client is entitled to a reasonable attorney's fee from the fund as a whole". Boeingv. Van
Gernert, 444 U.S. 472, 478 (1980). See In re Milton Poulos. Inc., 947 F.2d 1351 (9
th
Cir. 1991)
(in reversing the BAP's denial of attorneys' fees in the PACA context, the Court stated "[a]s the
efforts of these resulted in a common fund for the group, we hold that they are entitled to recover
their attorneys' fees out of the [PACA trust] fund"); E. Armata. Inc. v. Platinum Funding, 887 F.
Supp. 590, 594 (S.D.N.Y. 1995) citing Alyeska Pipeline Serv. Co. v. Wilderness Society, 421
U.S. 240, 257-59 (1975) (exceptions to "American Rule" on attorneys' fees include "(1) statutory
basis, (2) enforceable contract, (3) willful violation of court order, ( 4) bad faith action, and (5)
litigation creating a common fund for the benefit of others") (emphasis added); In re Liberty
Produce, No. 88-11358F, slip op. (Bankr. E.D. Pa. 1990) (allowing fees out ofthe PACA trust
upon application for same).
6
Page 5 of 6
AND COSTS
TEL: (312) 360-6000 FAX: (312) 360-6570
15. Claimant spearheaded the entry of the TRO, the first proposed PACA Claims
Procedure Order, and provided the foundation for the Court to compel the Debtors to hold no
less than $1,032,488.51 for the benefit of all unpaid PACA trust beneficiaries herein.
16. In order avoid the resulting inequities of this situation, Claimant respectfully
submits the billing statements they have received for the fees and costs reasonably incurred in
this matter and requests this Honorable Court to enter an order directing all PACA Claimants to
assume their pro-rata share of these fees and costs on the same percentages as they drawn out of
the fund created through Claimants efforts.
FOR THESE REASONS, and those discussed in the supporting memorandum of law
submitted contemporaneously herewith, the Claimant respectfully requests this Honorable Court
enter an order directing a common fund fee assessment to reimburse the Claimant for its fees and
expenses incurred in preventing the Defendants from depleting the PACA trust to the detriment
of all the beneficiaries and collecting the Defendants accounts receivables, in the amount of
$13,686.90, and for such other and further relief as the Court deems appropriate upon
consideration of this matter.
Dated: September 12, 2012 Respectfully submitted,
MULLER TRADING COMPANY, INC.
/s/ Bruce W. Akerly
Bruce W. Akerly
CANTEY HANGER LLP
1999 Bryan Street, Suite 3300
Dallas, Texas 75201
Telephone: (214) 978-4100
Facsimile: (214) 978-4150
bakerly@canteyhanger.com
Attorney for the Claimant
and
6
Page 6 of 6
AND COSTS
TEL: (312) 360-6000 FAX: (312) 360-6570
Jason R. Klinowski, Esq.
(Application for Pro Hac Vice Forthcoming)
311 S. Wacker Dr., Suite 3000
Chicago, Illinois 60606
Telephone: (312) 360-6000
Facsimile: (312) 360-6570
jklinowski@freebornpeters.com
CERTIFICATE OF SERVICE
I hereby certify that a true and accurate copy of the foregoing, along with any and all
exhibits thereto, if any, was filed and served upon all counsel of record properly registered with
the Courts CM/ECF system this 12th day of September, 2012:
/s/ Bruce W. Akerly
Bruce W. Akerly
CANTEY HANGER LLP
Dallas, Texas 75201
Telephone: (214) 978-4100
Facsimile: (214) 978-4150
2705409v1/28551-0001
6
Page 1 of 14
MEMORANDUM OF LAW IN SUPPORT
OF MOTION FOR REIMBURSEMENT OF
FEES AND COSTS
TEL: (312) 360-6000 FAX: (312) 360-6570
In Re: )
) Case No. 5:12-BK-50073-LMC
Debtor.
)
)
)
Chapter 11
MEMORANDUM OF LAW IN SUPPORT OF
MOTION FOR REIMBURSEMENT OF FEES AND COSTS
Muller Trading Company, Inc. (Claimant) respectfully submits the following
memorandum of law in support of its Motion for Reimbursement of Fees and Costs involving
claims under the Perishable Agricultural Commodities Act, 1930, as amended, 7 U.S.C. 499a-
499t (2012) (the PACA) against Debtors, Delta Produce LP, Delta Produce Management LLC,
Superior Tomato-Avocado Ltd. (collectively Debtors), and Walter Jensen (Principal) and in
support thereof, respectfully states as follows:
SUMMARY OF THE ARGUMENT
There are at least two (2) reasons this Honorable Court should direct all PACA claimants
to share the fees and costs of this effort on the same pro rata basis as they stand to benefit from
those efforts. First, in its Complaint, the Claimants expressly plead and prayed for the
establishment of a common fund intended to benefit of all the Debtors' unpaid PACA trust
beneficiaries. As a result of the Claimants establishment of a common fund, this Honorable
Court previously entered an Order requiring each PACA trust claimant to bear its "fair share" of
the legal expenses to the same extent it expects to share in the results of these efforts. Secondly,
the rights of a lead plaintiff to be reimbursed for fees and costs for creating a common fund is
well recognized in American jurisprudence. In order to avoid the inherent inequity of having a
12-50073-lmc Doc#300-1 Filed 09/12/12 Entered 09/12/12 23:29:15 Supplement Memo of
Law Pg 1 of 14
Page 2 of 14
FEES AND COSTS
TEL: (312) 360-6000 FAX: (312) 360-6570
few Claimant, alone, bear all the expenses of this action when those efforts benefitted all
similarly-situated PACA trust claimants, the Claimant respectfully requests this Honorable Court
to direct a common fund fee assessment to ensure the spirit of the agreement documented in the
Claims Order is properly recognized. In support of its request, the instant memorandum of law
fully addresses the reasonableness of Claimants common fund fee assessment and provides
detailed back-up for the same.
THE COMMON FUND DOCTRINE
As the U.S. Supreme Court explained, "under the 'American Rule,' parties are ordinarily
required to bear their own attorneys' fees, and courts follow a general practice of not awarding
fees to a prevailing party absent explicit statutory authority." Fresh Kist Produce v. Choi
Corporation, 362 F. Supp. 2d 118, 125 (D.D.C. 2005) (citing Buckhannon Bd. & Care Home v.
West Virginia Dept. of Health & Human Resources, 532 U.S. 598, 602-603, 149 L. Ed. 2d 855,
121 S. Ct. 1835 (2001)(citing Alyeska Pipeline Serv. Co. v. The Wilderness Society, 421 U.S.
240, 247, 44 L. Ed. 2d 141, 95 S. Ct. 1612 (1975)). "In other words, the American Rule
generally prohibits shifting attorneys' fees from the winning party to the losing party in the
absence of a statutory or contractual provision to the contrary. Alyeska Pipeline Serv. Co., 421
U.S. at 257.
The common fund doctrine is a well-recognized equitable common law exception to the
American Rule. Fresh Kist Produce, 362 F. Supp. 2d at 126 (citing Alyeska Pipeline Serv. Co.,
421 U.S. at 257-58). The common fund doctrine allows a court to award attorneys' fees and
costs to a party whose labors have established or protected a common fund for the benefit or
others, either from the fund or from the parties benefitting from the fund. Id; See also Boeing
Co. v. Van Gernert, 444 U.S. 472,478, 62 L. Ed. 2d 676, 100 S. Ct. 745 (1980)(recognizing the
Law Pg 2 of 14
Page 3 of 14
FEES AND COSTS
TEL: (312) 360-6000 FAX: (312) 360-6570
well-established precedent 'that a litigant or a lawyer who recovers a common fund for the
benefit of persons other than himself or his client is entitled to a reasonable attorneys' fee from
the fund as a whole'). The primary rationale for the common fund doctrine is that 'unless the
costs of litigation are spread to the beneficiaries of the fund they will be unjustly enriched by the
attorney's efforts. Id. (citing Swedish Hosp. Corp. v. Shalala, 303 U.S. App. D.C. 94, 1 F.3d
1261, 1265 (D.C. Cir. 1993).
The key distinction between the American Rule and common fund exception is that the
shifting of fees and costs does not occur between the winning and the losing parties in the
litigation, but between the party creating the common fund and the party or parties benefitting
from those efforts. Id. (citing Boeing Co., 444 U.S. at 4 78). Thus, a defendant's interest in
opposing a common fund doctrine award of attorneys' fees is limited to the interest the defendant
has in the common fund, rather than in the outcome of any underlying litigation. Id. (citing
Boeing Co., 444 U.S. at 479).
THE COMMON FUND DOCTRINE AND THE PACA TRUST
The Ninth Circuit is the only circuit court to have applied the common fund exception to
a PACA trust. In re Milton Poulos, Inc., 947 F.2d 1351, 1352 (9th Cir. 1991). "In Milton Poulos,
the Ninth Circuit overruled the Bankruptcy Appellate Panal's denial of attorneys' fees,
determining that the petitioning attorneys should be compensated under the common fund
doctrine for persuading the bankruptcy court to find the PACA trust 'valid and enforceable,
thereby permitting the funds to be disbursed amount the trust claimants. Fresh Kist Produce, 362
F. Supp. 2d at 126 (citing In re Milton Poulos, Inc., 947 F.2d at 1353.)
Although the Fifth Circuit has not expressly applied the common fund exception to a
PACA trust, the Fifth Circuit has expressly recognized the common fund doctrine as articulated
Law Pg 3 of 14
Page 4 of 14
FEES AND COSTS
TEL: (312) 360-6000 FAX: (312) 360-6570
in Alyeska Pipeline Serv. Co. v. The Wilderness Soc'y, 421 U.S. 240, 247 (1975). Golman-
Hayden Co. v. Fresh Source Produce. Inc., 217 F.3d 348, 352 (5th Cir. 2000). The Golman-
Hayden Court further held:
PACA does not provide for attorneys' fees, but it does mandate that proceeds
from the sale of perishable goods shall be held in trust for the unpaid suppliers.
Based upon the statutory requirement that a commission merchant, dealer, or
broker hold the proceeds in trust for the benefit of all unpaid suppliers, some
courts have held that recognition of the PACA trust established a common fund
from which attorney's fees may be recoverable.
Golman-Hayden, 217 F.3d at 352 (citing In re Milton Poulos. Inc., 947 F.2d 1351 (9
th
Cir. 1991)(holding that PACA trust fund was valid and enforceable under U.S.C. 499e(c)(2)
and should be used to pay attorneys' fees under the common fund doctrine); Fishgold v. OnBank
& Trust Co., 43 F. Supp. 2d 346 (W.D.N.Y 1999)(holding that PACA trust fund was valid and
enforceable under U.S.C. 499e(c)(2) and should be used to pay attorneys' fees under the
common fund doctrine); JC Produce, Inc. v. Paragon Steakhouse Restaurants. Inc., 70 F. Supp.
2d 1119 (E.D. Cal. 1999)(holding that PACA trust created by the Court under 7 U.S. C.
499e(c)(2) should be used to pay attorney's fees because the statute does not preclude them); In
re Monterey House, Inc., 71 B.R. 244 (Bankr. S.D. Tex. 1986)(granting award of attorney's fees
under PACA trust fund because the PACA statutory provision is similar to the Packers &
Stockyard Act, which allows recovery of attorneys' fees)).
Although the Goldman-Hayden Court expressed "no opinion as to whether the common
fund exception would permit the recovery of attorneys' fees under PACA if a common fund was
established," the Fifth Circuit did find that, "[a] common fund is a trust having multiple parties
sharing an interest." Golman-Hayden, 217 F.3d at 352. "A party may be entitled to attorneys'
fees from a common fund when acting to either protect the trust from destruction or to restore it
to its purpose." Id. (citing Trustees v. Greenough, 105 U.S. 527, 26 L. Ed. 1157 (1881)).
Law Pg 4 of 14
Page 5 of 14
FEES AND COSTS
TEL: (312) 360-6000 FAX: (312) 360-6570
LEGAL STANDARD
Prior to Golman-Hayden, the Southern District of New York addressed the applicability
of the common fund exception to the PACA trust. C.H. Robinson Co. v. Freshway Produce
Corp., 1997 U.S. Dist. LEXIS 19852 (1997). In this case, the C.H. Robinson Court held that
litigation creating a common fund for the benefit of others may constitute a basis for an award of
attorneys' fees. Id. at 1. Elaborating on this rule, the C.H. Robinson Court stated:
[i]f [the Claimant] had, by the present action, sought relief for itself only, it would
have been entitled to an award of attorneys' fees only upon a showing of a
contractual basis for the recovery of fees. By pursuing the action for other
potential PACA trust beneficiaries, however, the action, to that extent, became
one seeking to create a common fund for the benefit of others.
C.H. Robinson Co., 1997 U.S. Dist. LEXIS 19852 at 2 (citing E. Armata, Inc. v. Platinum
Funding Corp., 887 F. Supp. 590, 594 (S.D.N.Y. 1995)). After finding that C.H. Robinson
pursued the Debtors for the benefit of other potential PACA trust beneficiaries, the C.H.
Robinson Court upheld and otherwise utilized that portion of the parties' Agreed Order that
provided, in relevant part, the following procedure:
[i]n order to ensure all trust beneficiaries share in the costs and expenses incurred
in enforcing the Debtors' obligations under the PACA on the same pro-rata basis
as they are accepting the benefits of such actions ... a reserve fund ... shall be set
aside for Claimant Counsel fees and costs.
C.H. Robinson Co., 1997 U.S. Dist. LEXIS 19852 at 1-2. In determining the attorneys' fees and
costs award under the common fund exception, the C. H. Robinson Court held that the attorneys'
fees "are [not] to be determined solely by requiring counsel to identify that time spent
specifically only on behalf a PACA trust beneficiary other than [its client]." Id. at 3. The case
law makes it clear that "a court, in awarding attorneys' fees in a common fund case, must look to
the totality of the circumstances, and consider, amongst other things, the benefits achieved for
persons or entities other than the individual plaintiff who commenced the action." Id. at 3.
Law Pg 5 of 14
Page 6 of 14
FEES AND COSTS
TEL: (312) 360-6000 FAX: (312) 360-6570
The foregoing suggests a two (2) prong test that a Court should apply when considering
an award of attorney's fees in a common fund PACA case. The first ( 1) prong is whether the
applicant pursued the subject litigation for the benefit of not just its client but also other potential
PACA trust beneficiaries. The second (2) prong is whether the attorneys' fees and costs that
comprise the common fund fee assessment are reasonably attributable to those efforts made on
behalf of and otherwise benefitted parties other than the moving plaintiff alone.
I. THE CLAIMANT PURSUED THE INSTANT LITIGATION ON BEHALF OF ALL
POTENTIAL PACA TRUST BENEFICIARIES
On December 28, 2011, the Claimant initiated the instant civil action against the Debtors
to preserve both the Claimants' and any other potential PACA trust beneficiaries' rights in
certain assets in the Debtors' possession imposed with the express statutory trust provided under
499e( c) of the Perishable Agricultural Commodities Act, 1930, as amended, 7 U.S.C. 499a-
499t (2012) (the "PACA"). To this end, the Claimants Complaint, along with each subsequent
amended version thereof, expressly plead and prayed for the following:
On information and belief, additional unknown and unpaid trust beneficiaries
exist. As a result, [Claimant] further seeks the entry of an Order directing the
Defendants to immediately turn over to the registry of the Court all assets
impressed with the PACA trust for the benefit of all unpaid trust beneficiaries
such as the [Claimant] herein, thereby creating a fund for the benefit of said trust
beneficiaries.
See [D.E. #1, pg. 4 at 19].
In light of the above, it is clear that the Claimants pursued the instant litigation for the
benefit of not just the Claimant but also the other potential PACA trust beneficiaries. As such,
this Honorable Court should order a common fund fee assessment comprised of the Claimants
fees and costs reasonably attributable to those efforts made on behalf of or which otherwise
benefitted parties other than the Claimant alone.
Law Pg 6 of 14
Page 7 of 14
FEES AND COSTS
TEL: (312) 360-6000 FAX: (312) 360-6570
II. THE CLAIMANTS REQUESTED COMMON FUND FEE ASSESSMENT IS
REASONABLE
In the Seventh Circuit, the lodestar method, the most widely cited description of which is
found in Lindy Bros. Builders. Inc. v. American Radiator & Standard Sanitary Corp., 487 F.2d
161, 167-69 (3rd Cir. 1973)(Lindy I) appeal following remand, 540 F.2d 102 (3rd Cir.
1976)(Lindy II), is regularly used in statutory fee shifting cases and is frequently employed in
common fund cases. Sarah Harman v. Lyphomed. Inc., 945 F.2d 969, 973, 1991 U.S. App.
LEXIS 23592 (7th Cir. 1991)(citing In re Folding Carton Antitrust Litigation, 84 F.R.D. 245
(N.D. Ill. 1979) aff'd in part and rev'd in part, 744 F.2d 1252 (7th Cir. 1984)). Moreover, in
common fund cases, a court may exercise its equitable powers to award attorneys' fees regardless
of whether the remedy has been prescribed by Congress. Cook v. Niedert, 142 F.3d 1004, 1014,
1998 U.S. App. LEXIS 7863 (7
th
Cir. 1998). To this end, the decision whether to use the
lodestar method of calculating a reasonable common fund fee assessment rests within the sound
discretion of the district court. Harman, 945 F .2d 969 at 975. See also In re Public Service
Company of Indiana Securities Litigation, 125 F .R.D. 480, 1988 U.S. Dist. LEXIS 16262 (S.D.
Ind. 1988)(holding that the approval of the requested attorneys' fees from the common fund is
within the sound discretion of the trial court.). Notwithstanding the above, "a court, in awarding
attorneys' fees in a common fund case, must look to the totality of the circumstances, and
consider, amongst other things, the benefits achieved for persons or entities other than the
individual plaintiff who commenced the action." C.H. Robinson Co., 1997 U.S. Dist. LEXIS
19852 at 3.
Utilizing the "lodestar" method, this Honorable Court should find that the Claimant' fees
are reasonable and should be awarded under the common fund theory. A lodestar determination
of is at twofold inquiry- "the proven number of hours reasonably expended on the case by an
Law Pg 7 of 14
Page 8 of 14
FEES AND COSTS
TEL: (312) 360-6000 FAX: (312) 360-6570
attorney, multiplied by his court-ascertained reasonable hourly rate." Adcock-Ladd v. Secretary
of Treasury, 227 F.3d 343, 349 (6
th
Cir. 2000). The factors which the district court may consider
in determining the basic lodestar fee include the following:
(1) the time and labor required by a given case;
(2) the novelty and difficulty of the questions presented;
(3) the skill needed to perform the legal service properly;
(4) the preclusion of employment by the attorney due to acceptance of the case;
(5) the customary fee;
(6) whether the fee is fixed or contingent;
(7) time limitations imposed by the client or the circumstances;
(8) the amount involved and the results obtained;
(9) the experience, reputation, and ability of the attorneys;
(10) the 'undesirability' of the case;
(11) the nature and length of the professional relationship with the client; and
(12) awards in similar cases.
Id. (citing Johnson v. Georgia Highway Express, 488 F.2d 714, 717-19 (5
th
Cir. 1974) cited by
Hensley v. Eckerhart, 461 U.S. 424, 434 (1983)). One important Johnson factor is the result
achieved. "Where a plaintiff has obtained excellent results, his attorney should recover a fully
compensatory fee." Hensley, 461 U.S. at 435. Each of these factors will be applied in order as
follows:
1) TIME AND LABOR REQUIRED
Despite any assertions to the contrary, this was an intensive and complex litigation which
required legal action before this Honorable Court. As a direct result of the Debtors failure to
Law Pg 8 of 14
Page 9 of 14
FEES AND COSTS
TEL: (312) 360-6000 FAX: (312) 360-6570
cooperate and in this litigation, the Claimant was forced to incur the costs associated with
obtaining a Temporary Restraining Order (TRO) to prevent the Debtors continued dissipation
of the PACA trust. As a direct result of the TRO, Claimant was able to compel the Debtors
bank to freeze $1,247,842.77, which ensured that the Debtors filed bankruptcy with cash still in
their possession, custody and control. In light of the above, it is reasonable to conclude that the
Claimants time and labor expenditure was both high and critical to the outcome of this action.
Importantly, had the Claimants not expended the time and labor required to obtain a TRO, the
Debtors would have further dissipated the PACA trust or otherwise placed the aforementioned
funds outside the reach of the PACA trust creditors herein.
2) NOVELTY AND DIFFICULTY OF THE QUESTIONS
Moving for a TRO, preliminary injunction and PACA claims procedure order required a
high level of responsibility and diligence in properly proceeding for entry of both. As for the
area of law itself, PACA trust law is a fairly unique area of the federal litigation. The skills
required to determine the validity of these PACA trust claims do require some specialized
knowledge of the workings of PACA trust, USDA regulations and the ability to read a federal
statute and the volumnes of case law interpreting the same.
3) REQUISITE SKILLS TO PERFORM THE LEGAL SERVICES
The Claimants' lead and local counsel were required to be skilled in both PACA and
commercial litigation matters. To this end, both Claimants lead and local counsel are
experienced Federal Court litigator who focuses significant amounts of their practice to creditors'
rights under PACA. The Claimants' counsel is therefore highly skilled in the substantive law of
PACA and federal litigation, including the TRO and PACA Claims Procedure process.
Law Pg 9 of 14
Page 10 of 14
FEES AND COSTS
TEL: (312) 360-6000 FAX: (312) 360-6570
4) PRECLUSION OF OTHER EMPLOYMENT BY ATTORNEY DUE TO
ACCEPTANCE OF CASE
Not applicable. While neither the Claimants' lead or local counsel were precluded from
accepting other employment, their respective time and resources were predominantly consumed
in filing the TRO and Complaint in the initial stages of the litigation.
5) CUSTOMARY FEE FOR SIMILAR WORK IN COMMUNITY
Lead Counsel for the Claimant' billing rates of $350.00 per hour in the greater
Chicagoland area are either at or below the customary rate charged by similar firms or attorneys
in the practice of federal court litigation. Similarly, Local Counsel for the Claimant' billing rates
of $385.00 per hour are either at or below the customary rate charged by similar firms or
attorneys in the practice of federal court litigation. Importantly, the current customary rate
charged by similar firms practicing in the area of PACA trust enforcement is often as high as
$395.00 per hour.
6) WHETHER FEE IS FIXED OR CONTINGENT
The Claimant incurred its fees and costs on a traditional hourly basis.
7) TIME LIMITATIONS IMPOSED BY CLIENT OR CIRCUMSTANCES
Given the time-sensitive nature the TRO application and the Debtors pending financial
insolvency, the initial time limitations imposed by the circumstances were great. The Debtor
was likely to dissipate any and all remaining PACA trust assets and continue making payments
to unsecured third party creditors. The Claimant was also informed and believed that the
Debtors were allowing parties to reclaim products from the Debtors warehouse prior to the
TRO. Against this backdrop, the Claimant had to quickly act before all recoverable assets were
either transferred to third parties or otherwise placed outside of the PACA trust beneficiaries'
reach. The foregoing circumstances required immediate and diligent action and the Claimants
Law Pg 10 of 14
Page 11 of 14
FEES AND COSTS
TEL: (312) 360-6000 FAX: (312) 360-6570
took the lead responsibility for the same.
8) THE AMOUNT INVOLVED AND RESULTS OBTAINED
As of the date of filing this motion, there are $1,778,363.89 in PACA claims, the
recovery of PACA trust assets from the Claimants TRO amounted to $1,247,842.77. Simply
put, the Claimants early efforts resulted in the recovery of no less than $1,247,842.77 for the
benefit of all the PACA trust beneficiaries herein. As a result, instead of writing off these unpaid
invoices as complete financial losses, each PACA trust claimant will receive an immediate share
of the PACA Trust assets to satisfy a portions of their unpaid invoices. The aforementioned
recovery on the trade debt at issue is a major value and benefit for all PACA trust claimants
especially in light of the Debtors insolvent condition.
9) EXPERIENCE, REPUTATION AND ABILITY OF ATTORNEYS
Both the Claimants lead and local have extensive experience in federal litigation matters.
Jason R. Klinowski is an associate attorney at Freeborn & Peters LLP, serves as the Claimants
lead attorney and possesses over 8 years of litigation experience in both state and federal courts,
and particularly PACA-related litigation matters. Bruce W. Akerly, a partner at Cantey Hanger
LLP, has 30 years of litigation experience in general and commercial litigation law in both state
and federal courts.
In this case, there was a clear division of labor between Messrs. Klinowski and Akerly to
ensure there was no duplication of efforts. The Claimant retained Mr. Akerly to handle the
procedural aspects of the district court action and to ensure compliance with this Honorable
Court's local rules and procedures. Mr. Akerly was instrumental in formulating strategy
throughout the litigation process, revising pleadings to comply with Texas procedural rules, and
in attending all court appearances to avoid travel expenses. Mr. Klinowski primarily handled the
Law Pg 11 of 14
Page 12 of 14
FEES AND COSTS
TEL: (312) 360-6000 FAX: (312) 360-6570
substantive legal research, drafting all motions, including the TRO and the required
memorandums of law to support such motions. The Claimant' lead and local counsel were all
sufficiently experienced to handle the delegated tasks in this litigation.
10) "UNDESIREABILITY" OF THE CASE
Not applicable. As this case involved the Claimant' lead counsel's standard area of
practice, this case was desirable.
11) NATURE AND LENGTH OF RELATIONSHIP BETWEEN CLIENT AND
ATTORNEY
Claimant has worked with Freeborn & Peters LLP on previous occasions and regularly
employ the services of Jason R. Klinowski for their PACA trust enforcement needs.
12) AWARD IN SIMILAR CASE
There are not a large amount of PACA cases involving a common fund applications in
other circuits, courts in this circuit and this district have consistently held that, "the approval of
the requested attorneys' fees from the common fund is within the sound discretion of the trial
court." In re Public Service Company of lndiana Securities Litigation, 125 F.R.D. 480, 1988 U.S.
Dist. LEXIS 16262 (S.D. Ind. 1988). Notwithstanding the above, "a court, in awarding
attorneys' fees in a common fund case, must look to the totality of the circumstances, and
consider, amongst other things, the benefits achieved for persons or entities other than the
individual plaintiff who commenced the action." C.H. Robinson Co., 1997 U.S. Dist. LEXIS
19852 at 3.
The undersigned counsel has provided an affidavit attesting to the legal work performed,
time expended, hourly rates, billing practices and the reasonableness of the legal work performed
by Freeborn & Peters LLP. A true and accurate copy of all Freeborn & Peters LLPs relevant
billing statements are attached hereto as Exhibit A. In addition, local counsel for the Claimant
Law Pg 12 of 14
Page 13 of 14
FEES AND COSTS
TEL: (312) 360-6000 FAX: (312) 360-6570
has provided an affidavit attesting to the legal work performed, time expended, hourly rates,
billing practices and the reasonableness of the legal work performed by the Cantey Hanger,
L.L.P. A true and accurate copy of all relevant billing statements from Cantey Hanger are
attached hereto as Exhibit B. Based on these billing statements and the declarations, the
Claimant respectfully requests this Honorable Court apply the reasonable hours and rates as
verified in their respective billing statements to calculate the appropriate lodestar in this case.
CONCLUSION
In light of the above and as well as the long line of "Common Fund" cases cited and
discussed above, this Honorable Court should enter an order directing each PACA claimant
seeking a share of the Common Fund created to bear their fair/pro-rata share of the fees and costs
which the Claimant incurred to date. To do otherwise would unfairly compel the Claimant to
bear the fees and costs requested herein in an inequitable manner.
Respectfully submitted,
MULLER TRADING COMPANY, INC.
/s/ Bruce W. Akerly
Bruce W. Akerly
CANTEY HANGER LLP
Dallas, Texas 75201
Telephone: (214) 978-4100
Facsimile: (214) 978-4150
and
(Applications for Pro Hac Vice Forthcoming)
311 S. Wacker Dr., Suite 3000
Law Pg 13 of 14
Page 14 of 14
FEES AND COSTS
TEL: (312) 360-6000 FAX: (312) 360-6570
Telephone: (312) 360-6000
Facsimile: (312) 360-6570
jklinowski@freebornpeters.com
Attorneys for the Claimant
CERTIFICATE OF SERVICE
I hereby certify that a true and accurate copy of the foregoing, along with any and all
exhibits thereto, if any, was filed and served upon all counsel of record properly registered with
the Courts CM/ECF system this 12th day of September, 2012:
/s/ Bruce W. Akerly
Bruce W. Akerly
CANTEY HANGER LLP
Dallas, Texas 75201
Telephone: (214) 978-4100
Facsimile: (214) 978-4150
2705669v1/28551-0001
Law Pg 14 of 14
Exhibit A
12-50073-lmc Doc#300-2 Filed 09/12/12 Entered 09/12/12 23:29:15 Exhibit A to Memo Pg
1 of 10
2 of 10
. .. .. .. .... ... .. . . . .. . . . ... . . ... . ' . . .. . .... . - ... - . ... .. .... - ..... ". . .. .. . . ... . ' ....... .. ..- . . ...... , ... .. ........ . . . . . . .... . . .. ..... . ~ .. ' . .... . . . . . . . .. . .. .. - ... .
.... .. "!
..
Attorneys at Law
311 South Wacker Drive
Suite 3000
Chicago, illinois 60606-6677
Tel 312.360.6000
Chicago
Springfield
Eric Muller
Muller Trading Company Inc.
545 N. Milwaukee Avenue
Suite 201
Libertyville, IL 60048
Statement No. 100058455
FEIN #36-3238755
Re: Delta Produce
Client Matter ID No. 28551-0001
Freeborn & Peters LLP
February 24,2012
FOR PROFESSIONAL SERVICES RENDERED AND EXPENSES INCURRED
THROUGH DECEMBER 31,2011:
FEES FOR THIS STATEMENT
DISBURSEMENTS
TOTAL AMOUNT OF CURRENT STATEMENT
BALANCE DUE
$4,301.00
0.00
4,301.00
$4.301.00
lllllllllllllllllllllllllllllllllllllllllllllllllllllll
PAYMENT DUE UPON RECEIPT.
INTEREST OF 1.5% PER MONTH WILL BE ADDED AFTER 30 DAYS
:
3 of 10
2 February 24, 2012
Statement No: 100058455
For professional services rendered with regard to:
Re: Delta Produce
Dec 29, 2011 RTK
Dec 29, 2011 JRK
Dec 29, 2011 JRK
Dec 29,2011 JRK
Dec 29, 2011 JRK
Finalized temporary restraining order documents
for filing, meetings with Jason Klinowski regarding
the same, send to Bruce Akerly for filing (2);
prepared notices of related lawsuits and entry of
temporary restraining order( 1.2).
Conference with local counsel and co-counsel to
discuss addition of certain principals to case and
timing of same (.3)
; conference with
client to discuss initial case facts and initial
prosecution strategy (.3); conference with co-
counsel to provide direction for preparing the
necessary pleadings and priority of same (.2).
Multiple correspondence to client providing case
status updates and requesting additional information
(.3).
Prepared plaintiffs motion for P ACA claim
procedure (.6); prepared plaintiffs memorandum of
law in support ofPACA claims procedure (.9).
Multiple conferences with local counsel to discuss
case status and next steps (.4); conferenc.e with co-
counsel to discuss case status and the need to
prepare a notice of related cases and entry of a
temporary restraining order for immediate filing
(.3); conference with local counsel to discuss status
of temporary restraining order and service of same
(.2); conference with local counsel to confirm entry
of temporary restraining order (.1); conference with
co-counsel to provide clear direction on prepared
temporary restraining order pleadings (.2).
3.20
0.90
0.30
1.50
1.20
4 of 10
Dec 29,2011 JRK
Dec 29,201 I JRK
Dec 30,201 I JRK
Dec 30,2011 JRK
Dec 30, 2011 JRK
Dec 30, 2011 JRK
3 February 24, 2012
Received and reviewed defendant's opposition to
temporary restraining order application (.3);
received and reviewed correspondence from
defendant's counsel objecting to temporary
restraining order (.1 ).
Modified proposed temporary restraining order to
increase likelihood of entry over debtor's objection
(.4).
Multiple conference with local counsel to discuss
case strategy and status (.4); multiple conference
with co-counsel to discuss action items and next
steps (.3); conference with defense counsel to
discuss temporary restraining order and the deposit
demanded therein (.2.); conference with local - ._.
.,counsel to discuss status of s e ~ w . i ~ e of temporary
restraining order on bank and the filing of the
related proof of service (.4); conference with co-
creditor counsel to discuss case status and next
steps (.1).
.... -(.2).
Prepare plaintiff proposed P ACA claims procedure
order (2.8);
tent ,.., .. i I ; e
r (.3).
Exchanged multiple correspondence with local
counsel discussing service of process and
settlement status (.3).
0.40
0.40
1.20
0.20
3.10
0.30
5 of 10
FEE SUMMARY
TIMEKEEPER
Kienzler, RichardT.
Klinowski, Jason R.
TOTAL HOURS
TOTAL FEES
4
HOURS
3.20
9.50
12.70
February 24,2012
RATE
305.00
350.00
FEES
$976.00
$3,325.00
$4,301.00
TOTAL FEES AND DISBURSEMENTS $4,301.00
c:\bills\56932S.bii/2S694S3vl
.. ~
~ ' ... .:, : ~ - ..
. '
.)
6 of 10

Attorneys ot Low
31 1 South Wacker Drive
Suite 3000
Chicago, Illinois
60606-6677
Tel 312-360-6000
Fax 312-360-6520
Chicago
Eric Muller
Suite 201
FEIN #36-3238755
Re: Delta Produce
April4, 2012
lllllllllllllllllllllllllllllllllllllllllllllllllllllll
Springfield FOR PROFESSIONAL SERVICES RENDERED AND EXPENSES INCURRED
THROUGH FEBRUARY 29, 2012:
PREVIOUS BALANCE
DISBURSEMENTS
$4,301.00
$5,233.00
$9.884.51
$15,117.51
OUTSTANDING STATEMENT RECAP
BILL DATE BILL # FEES COSTS
February 24, 2012 100058455 4,301.00 0.00
TOTAL OUTSTANDING AIR
TOTAL OUTSTANDING AND CURRENT AMOUNTS
BALANCE
PAID UNPAID
0.00 4,301.00
$4,301.00
$19,418.51
INTEREST OF 1.5% PER MONTH WILL BE ADD ED AFTER 30 DAYS.
7 of 10
Freeborn f::r Peters LLP
2 April4, 2012
StatementNo: 100060123
Re: Delta Produce
Jan 3, 2012 JRK. Conference with local counsel to discuss temporary
restraining orCler strategy and turnover with bank
0.60
funds (.2);
(.1 ); conference with local
counsel to discuss staffing and preparation for
upcoming preliminary injunction hearing (.2);
(.1).
Jan 3, 2012 -IRK Received and reviewed court order reassigning case 0.60
to Judge Sparks (.1); follow-up conference with
local counsel to discuss efforts to conft.rm amounts
frozen in defendant's accounts and next steps (.2);
(.2); received and reviewed
correspondence to defendant's counsel requesting
he accept service of process (.1).
Jan 3, 2012 JRK Conference with court to discuss the use of 1.70
technology and the need to ftle formal witness lists
and exhibits lists (.2);
- - - l i l i l ~ - - - - (.4).
8 of 10
3 April4, 2012
Jan 3, 2012 RTK
4.20
Wll I
,.
2

II II"
. .
:"P (4.2) .
Jan 4, 2012 JRK
Conference with local counsel to discuss defendants
1.00
recent bankruptcy filings (.2);
(.2); d
'ilil ~ i l . I 1(.4).
Jan 4, 2012 JRK
0.10
Jan 5, 2012 RTK
(.1)
1.20
g
r
e
e
I .
e
(1.2).
Jan 5, 2012 JRK
0.80
(.3);
s
t
~ ( . 5 ) .
Jan 5, 2012 JRK
6
j
.,,
,. .. , 0
f
J
1 .
s 0.20
(.2).
Jan 5, 2012 JRK
0.30
.. (.3).
Jan 6, 2012 JRK
e i llllliii II
II 0.60

II (.2);
Jan 8, 2012 JRK
s (.4).
s 0.30
(.2); d
I I I
I
51 (.1).
9 of 10
Jan 9, 2012 JRK
Jan 11, 2012 JRK
Jan 11,2012 JRK
Jan 13, 2012 JRK
Jan 15, 2012 JRK
Jan 16,2012 JRK
Jan 18, 2012 JRK
Jan 19, 2012 JRK
Jan 25, 2012 JRK
Feb 8, 2012 JRK
Feb 16, 2012 JRK
Feb 22, 2012 JRK
Feb 28, 2012 JRK
4 April4, 2012
Received and reviewed multiple correspondence
from local counsel discussing case strategy (.3);
received and reviewed multiple correspondence
from opposing counsel discussing case status and
next steps (.2); conference with local counsel to
discuss language of any proposed order to ensure
the funds locked up under our temporary restraining
order remain frozen (.3).
Received and reviewed court order halting district
court case in favor of bankruptcy and flagging
assets as trust assets (.3).
Conference with local counsel to discuss case status
(.1).
d . (.2).
Received and reviewed correspondence from local
counsel and opposing counsel discussing
segregation ofPACA trust assets (.3).
Conference with opposing counsel to discuss recent
correspondence exchanges (.2).
.......................e
1111111111111 .. --. (.2)
_ ... _.(.2);
-----(.1).
s
Received and reviewed court order transferring case
to bankruptcy court (.1 ).
wfWbrr n(.2).
fiiipfppges 7 n I , r I
(.1).
,. s a (.1).
at .,h, I
IT g , Ill (.2).
@esftmsP r'W '
d Jr I (.1).
J : ,.
.
6
7 g
0.80
0.30
0.10
0.20
0.30
0.20
0.50
0.10
0.20
0.10
0.10
0.20
0.10
10 of 10
5
FEE SUMMARY
TIMEKEEPER
Kienzler, RichardT.
Klinowski, Jason R.
TOTAL HOURS
TOTAL FEES
HOURS
5.40
9.40
14.80
RATE
325.00
370.00
DISBURSEMENTS
Jan 3, 2012 JRK
Jan 3, 2012 KS
Jan 16,2012 JRK
Jan 31,2012 CRA
Feb 7, 2012 JRK
Air Express Delivery
Bruce W Akerly 63029
Bruce M Akerly 63029
Outside Legal Services
VENDOR: Cantey Hanger LLP; INVOICE#:
1304945; DATE: 1116/2012
12/11 Legal services rendered
Certificate of Good Standing
VENDOR: Freeborn & Peters LLP; INVOICE#:
STMT01131112A; DATE: 113112012
01/03 Certificates of Good Standing for Richard
Kienzler and Jason Klinowski
1305120; DATE: 2/7/2012
DISBURSEMENT SUMMARY
c:\bills\S70993.bill2610617vl
TOTAL DISBURSEMENTS
TOTAL FEES AND DISBURSEMENTS
April4, 2012
FEES
$1,755.00
$3,478.00
$5,233.00
21.28
21.23
2,464.00
2.00
7,376.00
42.51
9,840.00
2.00
$9,884.51
$15,117.51
Exhibit B
12-50073-lmc Doc#300-3 Filed 09/12/12 Entered 09/12/12 23:29:15 Exhibit B to Memo Pg
1 of 11
2 of 11
CANTEY -HANGER, L.L.P.
Attorneys at Law
MERIT AS Law Firms Worldwide
Cantey Hanger Plaza
600 W. 61h Street, Suite 300
Fort Worth, TX 76102
Telephone 817-877-2800
Muller Trading Company, Inc.
c/o Freeborn & Peters, LLP
311 South Wacker Drive, Suite 3000
Chicago, IL 60606
Attn: Jason R. Klinowski, Esq.
Re: Muller Trading Company, Inc. vs.
Delta Produce LP, Delta Produce
Management LLC, Walter Jensen,
Individually, Scott Jensen,
Individually, and Melinda
Day-Harper, Individually
Cause No. 11-cv-01114-SS; In the
u.s. District For for the Western
District of Texas
Your Client/Matter No. 28551/0001
Invoice
Invoice #
Date
1304945
01/16/12
MUL21 .BWA
Matter 104865
FEI#75-0756050
For professional services rendered as shown below. Unless indicated, this is an
interim billing and does not include work on other matters.
Payment is due upon receipt of this invoice. Please disregard
11
past due
11
amount
if you have sent your payment.
Thank you for allowing us to represent you.
Date Atty Description
12/28/11 BWA Telephone conference and emails with J.
Klinowski regarding back up facts for
litigation in San Antonio against Delta.
12/28/11 BWA Communications with R. Kienzler regarding
complaint.
12/28/11 BWA Review complaint and arrange for filing of
same.
12/28/11 MZ Efile Complaint and several initiating
documents per B. Akerly; obtain information
for preparing Summons and report findings to
Hours
.30
.10
.60
.so
Amount
115.50
38.50
231.00
70.00
3 of 11
Date
12/29/11
12/29/11
12/29/11
12/29/11
12/29/11
12/29/11
12/29/11
12/29/11
12/29/11
12/29/11
12/29/11
12/29/11
12/29/11
12/29/11
12/29/11
12/29/11
12/30/11
. ,. ....... ,............ .. . . . : . : . . . - : _,! t." .
Atty Description
BWA
BWA
BWA
BWA
BWA
BWA
BWA
BWA
BWA
BWA
BWA
BWA
BWA
BWA
MZ
MZ
MZ
B. Akerly.
Review and respond to communication from R.
Kienzler regarding amended complaint.
Review and make minor revisions to proposed
amended complaint and confer with M. Zastrow
regarding s filing same.
Confer.enced with J. Klinowski regarding
filing of motion for TRO and related order.
Review form of motion for TRO, motion for
TRO, motion to consolidate hearing on PI with
trial on merits, and Order and revisions to
same and work with M. Zastrow to arr ange for
filing .
Communication with R. Stokes regardi ng motion
for TRO and Order.
Communication with Judge regarding motion for
TRO and possible hearing on same.
Review and respond to email from C. Stokes
regarding request for TRO.
Prepare amended Certificate of Conference.
Communication with Judge Sparks chambers
regarding request for TRO and. related issues.
Prepare amended certificate of conference
based on communications with counsel for
Delta Produce.
Communications with J. Klinowski regarding
status of TRO request.
Telephone conference with Judge Sparks
regarding TRO.
Review response in objection to TRO.
Communication with J. Klinowski regarding
conversation with Court and opposition to
TRO.
Efile Motion for TRO, Brief in Support of
Motion for TRO, TRO, Certificate of
Conference, Certificate of Service and Motion
to Consolidate cases; contact the clerk's
office regarding location of case and
requirements to change to different division;
prepare and submit several Summons to the
clerk for issuance of same per B. Akerly.
Revise, scan and efile Notice of Related Case
and a Temporary Restraining Order in several
pending cases per B. Akerly.
Contact and arrange for TRO to be served on
International Bank of Commerce (IBC) in Port
. .. . . :: .. . : ~ ", "", . - .
Invoice # 1304945
Date 01/16/12
MUL21 .BWA
Matter
Hours
.20
.40
.30
1.00
.10
.10
. 10
.20
. 20
.20
.20
.10
.20
.10
2.00
1.00
2.00
104865
Amount
77.00
154.00
115.50
385.00
38.50
38.50
38.50
77.00
77.00
77.00
77.00
38.50
77.00
38.50
280.00
140 . 00
280 . 00
4 of 11
: ..... . .,. , r ~ . - : . : ~ .. . ........ .. .
Date
Attorney
Atty Description
Lavaca and on the registered agent for IBC,
Dennis Nixon; efile Motions, Orders,
Memorandums in Support and Certificate of
Service regarding the PACA claims procedures
per B. Akerly.
TOTAL PROFESSIONAL HOURS/FEES
Summary of ProfesSional Services
Staff Level Hours
Akerly, Bruce w.
Zastrow, Marie
Partner
Paralegal
4.40
5.50
EXPENSES
TOTAL EXPENSES
INVOICE TOTAL
PRIOR BALANCE
BALANCE DUB
Invoice # 1304945
Date 01/16/12
MUL21 .BWA
Matter
Hours
9.90
Rate
385. 00
140.00
104865
Amount
$ 2,464.00
Amount
1,694.00
770.00
Amount
$ .00
$ 2,464.00
$ .oo
$ 2,464.00
5 of 11
.. . . ...... : . . . ..
CANTEY HANGER, L.L.P.
Attorneys at Law
MERIT AS Law Finns Worldwide
Cantey Hanger Plaza
600 W. 6th Street, Suite 300
Chicago, IL 60606
Cause No. 11-cv-01114- SS; In the
U.S. District For for the Western
District of Texas
Invoice
Invoice #
Date
1305120
02/07/12
MOL21 .BWA
Matter 104865
FBI#75-0756050
Payment is due upon receipt of this invoice. Please disregard "past due" amount
Date Atty Description Hours .Amount
1/03/12 BWA Attention to matters relating to service of
process and hearing on preliminary injunction
and communications with J, Klinowski
regarding same.
1/03/12 BWA Communications with IBC regarding TRO and
deposit account issues.
1/03/12 BWA Communications with J. Klinowski regarding
IBC contacts and deposit account.
1/03/12 BWA Communications with C. Stokes regarding
service of summons and Preliminary
.30 115.50
.30 115.50
.30 115.50
.10 38.50
..----.! .. -
6 of 11
Injunction.
1/03/12 MZ Contact clerk's office regarding hearing and
document requirements; contact various IBC
bank locations for branch managers; contact
head office for IBC for legal department
information; report findings to B. Akerly.
BWA Investigate bankruptcy filings of Delta
Produce and Superior Tomato and communication
with J. Klinowski regarding same and options
going forward.
1/04/12 BWA
1/04/12 BWA
1/04/12 MZ
1/04/12 MZ
1/05/12 BWA
J./05/12 BWA
Several calls to chambers regarding
preliminary injunction hearing; prepare
drafts of Notices of Appearance for Delta
Produce L.P., Superior Tomato-Avocado and
Atled bankruptcy cases and forward to B.
Akerly for review.
:
s
1/05/12 BWA Telephone conference with Judge Spark's
office regarding hearing on PI request.
i/05/12 BWA
J./05/12 BWA i
s.
1/05/12 BWA Attend hearing on PI and other matters in
Austin, Texas for client, meeting with
counsel for Delta, review documents provided
by Delta, telephone conference with J.
Klinowski regarding outcome of hearing
(including 2.50 hours travel time).
1/06/12 BWA
1/06/12 BWA
........ .: .... -.. _
Invoice # 1305120
Date 02/07/12
MUL21 .BWA
Matter 104865
Hours Amount
2.00 300.00
.30 115.50
.20 77.00
.30 115.50
1.80 270.00
.90 135.00
.20 77.00
.10 38.50
.10 38.50
.30 115.50
.20 77.00
5.00 1,925.00
.20 77.00
.so 192.50
7 of 11
Date Atty Descr iption
1/10/12 BWA Review proposed order on transfer and freeze
on PACA funds and make suggested changes to
same.
1/10/12 BWA Communications with counsel for Delta
regarding transfer, PACA funding issues.
- i.. - i.-/3.0/12 BWA Communications with J Klinowski l."egarding
PACA funding and transfer order.
1/12/12 BWA
s
e.
1/13/12 BWA
1/13/12
BWA =:
1/13/12 BWA
1/16/12 BWA
1/16/12 BWA
es.
1/17/12 BWA
1/11/12 BWA g
1/19/12 BWA Review transfer orders on civil actions.
1/19/1.2 BWA Confirm service of process issues 0n
defendant in civil action.
1/19/12 BWA d
1/19/12 BWA g
1/23/12 BWA
s.
1/23/12 BWA
1/23/12 BWA s.
1/24/12 BWA se
1/24/12 BWA
0
Invoice
# 1305120
Date 02/07/12
MUL21 .BWA
Matter 104865
Hours Amount
.so 192.50
.20 77.00
.10 38;50
.40 154.00
. 30 115.50
1 . 30 500.50
.20 77.00
.20 77.00
.20 77.00
.so 192. 50
.10 38.50
.10 38.50
.10 38.50
.20 77.00
.10 38.50
. 20 77.00
.10 38.50
.10 38.50
.30 115 . 50
1.00 385.00
8 of 11
. . ....... - - - : . : : : - . - . . ~
Invoice # 1305120
1/24/12 BWA Confer with M. Zastrow regarding service of
process on individual defendants.
1/24/12 MZ Obtain summons from court; assemble multiple
Summons and Complaints; forward same to
proGess service; scan and efile Affidavit of
Service of TRO on International Bank of
Commerce per B. Akerly.
1/25/12 MZ Revise Certificate of Service per B. Akerly;
assemble various exhibits; scan and efile
Attorney
Certificate of Service per B. Akerly.
Summary of Professional Services
Staff Level
Akerly, Bruce W.
Zastrow, Marie
Partner
Paralegal
EXPENSES
Subpoena Fees
Filing Fees Filing
TOTAL EXPENSES
INVOICE TOTAL
Hours
14.80
6.20
Outstanding Accounts Receivable
Date
MUL21
Matter
Hours
.20
l..SO
1. 00
22.00
Rate
385.00
150.00
INVOICE
NUMBER DATE
INVOICE
AMOUNT
PAYMENTS
AGAINST
INVOICE
INVOICE
BALANCE
1304945 1/16/12 2,464.00 .00 2,464.00
PRIOR BALANCE
BALANCE DUE
02/07/12
.BWA
104865
Amount
77.00
225.00
N/C
$ 6,628.00
Amount
5,698.00
930.00
Amount
398.00
350.00
$ 748.00
$ 7,376.00
$ 2,464.00
$ 9,840.00
9 of 11
.. . . . :. .. .. -. .. - :.
..... . ; ''.<l' , ; .. ...
"'; ... -- . . . ... ;.:: . .:: . : . .!".:.,:: : :r::!-:.,': .... : .. : .... :. : : ... o.-1
CANTEY HANGER, L.L.P ..
Attorneys at Law
MERIT AS law Arms Worldwide
Cantey Hanger Plaza
311 South wacker prive, 3000
Chicago, IL 60606
Delta Produce LP, Delt a Produce
and Melinda
Cause No. In the
District of Texas
Invoice
.. . :_ : ... : : . .. ... :. ... ... . :.. _ .. :: . ...... . ,", , ,_,". : ......... ..
Invoice # 1306679
Date 03/08/12
MUL21 .BWA
Matter 104865
FEI#75-0756050
For professional services rendered shown below. Unless indicated, thi s is an
interim b i lling and does not include work on other matters .
if you .have. sent your payment.
Date Atty Description Hours Amount
2/07/12 BWA . 20 77.00
g.
2/07/12 BWA .10 38.50
a

2/08/12 MZ 1.00 150.00
2/15/12 BWA .30 115.50
. ..
10 of 11
-: :; :;. .,._ .. ... : . . : ..._: :. ... .. . . . _. :._. ;. . . . . ; . . : ' :. ...... .- .. ... - - . : ... . . . .. . . . . .. . . .. :. ...'\'. - .. . : '!:. :::::_:. .... : .:
Invoice # 1306679
Date
MOL21
Matter
Date Atty Description Hours
2/16/12 BWA
. 20
TOTAL PROFESSIONAL HOURS/PEES 1.80
Attorney Staff Level Hours Rate
Akerly, Bruce w.
Zastrow, Marie
Date EXPENSES
Partner
Paralegal
2/13/12 SECRETARY OF STATE 0 Check # - 000301809
On-Line Research
2/14/12 AMERICAN EXPRESS Check # - 000301740
Out-of-Town Expenses 01/05/12 TAXI/PARKING -
TRAVEL TO AUSTIN TO ATTEND HEARING
.80
1.00
Out-of-Town Expenses 01/05/12 TRAVEL TO AUSTIN TO
ATTEND HEARING - AIRFARE
2/14/12 AMERICAN Check # - 000301740
Ol/05/12 MZAL - TRAVEL TO TO ATTEND
HEARING
TOTAL EXPENSES
INVOJ:CE TOTAL
PAYMENTS
385.00
150.00
INVOICE INVOICE AGAINST INVOICE
NUMBER DATE AMOUNT INVOICE BALANCE
1304945 1/16/12 2,464.00 .00 2,464.00
1305120 2/07/12 7,376.00 .00 7,376.00
03/08/12
. BWA
104865
Amount
77.00
$ 458.00
Amount
308.00
150.00
Amount
1.00
136.00
397.60
28.79
$ 563.39
$ 1,021.39
. '
11 of 11
. ~ ~ - ; - ~ -: .; .... .. ~ . . ; '! .. -.. -... ~ - . : - - ~ : . :: .. :. : . : ~ : . ; . . ; ::.. ,; . : .......... . . : . : ~ .' .. . .:.. .. .. ... . . '!".' . .: . .. . .. . .. ..
.... .. .. . - ~
Invoice # 1306679
Date 03/08/12
MUL21 .BWA
Matter 104865
PRIOR BALANCE $ 9,840.00
BALANCE DUE $ 10,861.39
12-50073-lmc Doc#300-4 Filed 09/12/12 Entered 09/12/12 23:29:15 Affidavit Declaration
of Muller Trading Pg 1 of 5
InRe;
STATES BANKRUPTCY COURT
WESTERN DISTRlCT OF TEXAS
)
DELTA PRODUCE, LP,etal.
) Case No. 5:12-BK"S0073-LMC
) Chapter 11
)
Debtor. ) Jointly Administered
AFFIDAVIT OF ERIC MULLER IN SUPPORT
OF PLAINTIFF'S>fOTION FOR ATTORNEYS' FEESAND COSTS
I, Eric Muller, declare and state as follows:
1. I am the Owner of Muller Trading Company, Inc. ( .. Plaintiff") and in such
position, t am authorized to make this Affidavit. I am an adult of sound mind and, based upon
my own personal knowledge, I am competent to testify at trial regarding the statements made in
this Affidavit.
2. I file this Affidavit in support of Plaintiff's Motion for Attorneys' Fees and Costs.
3. At aU times relevant to this claim, I had primary responsibility for monitoring the
Debtors' account and corresponding with the Debtors regarding the outstanding account balance
owed to the Plaintiff.
4. I have also been responsible for the custody and control of the Plaintiff's business
records pertaining to accounts receivable. I am familiar with the manner in which Plaintiff
prepares and maintains such business records, each being made in the ordinary course of the
Plaintiff's business, by persons having a business duty to prepare and maintah1 such records.
Such busi.ness records arc prepared at or near the time of the events referenced in such records
and are routinely relied upon as true and correct in the conduct of Plaintiffs business ope,rations.
AFFIDAVIT OF ERIC MULLER JN Page 1 of 5
SUPPORT OF MOTION FOR A1TORNEYS'
FEES AND COSTS
PREEBokN &PsTER.s lLP
JASON R- Kr. rNOWsKJ, EsQ.
311 SOllTH WAI:l<:ell, SUITB 3000
CHICAGO. ll,I.INO!S 60606
TL (3U) 360-6000 [:A)(, (3U) 360-6570
ACCOUNT INFORMATION:
5. The transactions between Plaintiff and the Debtors were based on payment terms
ofNet Twenty-One (21) Days from the date the Debtors accepted each shipment ofproduee.
6. Plaindff sold perishable agricultural commodities (hereinafter "Produce") to the
Debtors as described in the chart included in attached Exhibit A. The Debtors received and
accepted the Produce and no adjustments have been made on the invoice amount except as listed.
This chart uses the following terms which shall have the described meanings:
A. "Invoice Number" refers to the number under which the Plaintiff sold the
commodity to the Debtors.
B. <'Date of lnvoice or Shipment'' refers to the date which begins the payment term
between the parties. (For example, if the payment tenn is the regulatory ten (10) days
from acceptance terms, this date would be the date Debtors accepted the Produce; if the
payment ter:m is written twenty-one (21) days from shipment, the date would be the date
of shipment.)
C. ''Date Notice Given" refers to the date Plaintiff properly perfected its PACA trust
rights utilizing the Plaintiff's bilJing statements in the ordinary course of its business
operations or otherwise served its Notice oflntent to Preserve Trust Benefits (hereinafter
"Trust Notice") on Debtors, if applicable.
D. ''Date Payment Due'' refers to the date payment was due based upon the payment
tenns between parties.
E. ''Number of Days Past Due" refers to the total number of days after the payment
due date the Plaintiff served its Trust Notice on the Company, if applicable.
F. "Invoice Amount" refers to the amount owed as stated on the face of a given
invoice, whether or not it qualifies for trust protection.
G. "Payments Received" refers to any credits due to the Debtors for funds received
on money paid on a given invoice.
H. "Invoice Amount Due" refers to the amount owed and remaining unpaid after atl
credits have been applied, whether or not it qualifies for trust protection.
I. "Accrued Interest" refers to the amount of interest that has accrocd upon each
io.voice pursuant to either an agreement between the parties or applicable statute.
J. "Outstanding Balance" refers to the amount owed and remaining unpaid on each
invoice after the Debtors receives credit for any payments made and interest is added to
the past due balance.
K. "PACA Trust Amount'' refers to the amount owed and remaining unpaid
qualifying for trust protection pursuant to the provisions of the P.ACA.
AFFIOAVJT OF ERIC MULLER IN Page 2 of 5 Plu!P.!oRN&PE"r'a\sU.P
SUP
"ORT OF MO,.,....ON F0 ATTO"'NEYS' }IISON R,. Kt.tNowsKl, J:>sQ,
1:' u "' '- 311 SOUTH Wt<C:KF."R. DRIVE. SUIT!!. 3000
FEES AND COSTS CHICAGO. I r.l.INOIS 60606
TELo (31.2.) 3606000 llAXt (3!2) 360 6570
7. Included in Exhibit A are true and accurate copies of the unpaid invoices
containing the required trust preservation language in the same form and condition as those
documents exist in the Plaintiff's business records.
8. Plaintiff has given the Debtors credit for any and all payments against the full
amount of this claim as stated in the chart attached in Exhibit A. and the chart reflects the
amount due and owing from the Debtors as of the date of this Affidavit.
;pRESERVA 110N TRUST RIGHTS
9. Plaintiff issued written notice of its intent to preserve trust benefits to the Debtors
in accordance with Perishable Agricultural Commodities Act, 1930, as amended, 7 U.S.C.
499a-499t (the "PACA") by including on each of the Plaintiffs invoices the trust preservation
language required under the P ACA. The invoices supporting the Plaintiffil claim in this action
served as the required notices of intent to preserve trust benefits under the P ACA.
10. On the dates listed in the chart under ''Date Notice Given," I caused to be served
the respective unpaid invoices contained in Exhibit A on the Debtors, via U.S. Mail, by
depositing the invoices in the U.S. Mail depository located in Libertyville, Ulinois with
appropriate postage prepaid and in an envelope addressed to the Debtors as follows; Delta
Produce, LP, 2001 S. Laredo St., San Antonio, TX 78207.
1 1. The Plaintiff operates its business under a vaJid PACA license issued by the
United States Department of Agriculture, . Agricultural Marketing Service, Fruit & Vegetable
Division, PACA Branch.
AFFIDAVIT OF ERIC MULLER. TN Page 3 of 5
SUPPORT OF MOTION FOR. ATTORNEYS'
FEES AND COSTS

lt. T<LrNowsto. Eso.
3 I I SOIJ'I'H W ACKI!Il DII.!VE. SUITE 3000
C:HlCAGO, lLLINOIR t\0(10(1
TBL: (Jt2):1606000 (JT2)J606S70
12. The Debtors, at all relevant tirnes, operated its business under a valid PACA
license issued by the United States Department of Agriculture, Agricultural Marketing Service,
Fruit & Vegetable Division, PACA Branch.
13. The Produce the Plaintiff sold to the Debtors consisted of fruits or vegetables,
each of which is the type of Produce commonly shipped in interstate commerce and, accordingly,
subject to the provisions ofPACA.
14. The Debtors have not paid the Plaintiff's invoices in accordance with the payment
tenns of Net Twenty-One (21) Days and refuses do so.
CQNCLUSI.O..N:
15. As ofthe date of this Affidavit, the Debtors owe Plaintiff the principal amount of
$24,573.50 plus the accrued interest in the current amount of$3,108.37 (1.5% per month through
September 2012) for a total amount currently due under the terms of our contract with the
Debtors of$27,681.87 in the aggregate, costs of collection.
16. As of the date of this Affidavit, the Debtors have forced the Plaintiff to incur
attorneys' fees in the current amount of$25,196.00 and costs in the current amount of$1,444.90.
Based on conversations with its counsel, Plaintiff is informed and anticipates incu.rril'lg no less
than an additional $2,234.00 in attorneys' fees and costs through the end of September 2012. In
total, the Plaintiff has and will iocur no less than $28,874.90 in attorneys' fees and costs.
AFFIDAVIT OF ERIC MULLER lN Page 4 of 5
SUPPORT OF MOTION FOR AITORNEYS'
FEE'S AND COSTS

J AltON R. KLINOWSKI.
3 11 SOt..'TH WI\CK!!I\. OR.1Va;, SUIT!l 300<l
CHI CI\GO, ILLINOlll l\0606
TBt.; (3 T2) :1606000 Fo\Xt (:1 12) 360-6570
I declare under penalty of perjury, in accordance with 28 U.S.C. 1746(2), that the
foregoing statements are true and correct.
Executed on: September 12, 2012
~ ~
Eric Muller
Owner Muller Trading Company, Inc.
2705371 vlt28SS1-000I
AffiDAVIT OF ERJC MULLER IN Page 5 of 5
SUPPORT OF MOTION FOR ATTORNEYS'
FIU!E8oaN & Pm!Rs l.LP
JASON R. KUNOWSKI. &t;Q.
FEES AND COSTS
3 I I SOtl't'H W . - . c & ~ D.._ I VI!, SUITB 3000
CHICAGO, tLLINQI.S 60606
TDl.: (3 T1.)l60.6000 F"AX! (.112) 360-6$70
Exhibit A
12-50073-lmc Doc#300-5 Filed 09/12/12 Entered 09/12/12 23:29:15 Exhibit A to Muller
Declaration Pg 1 of 3
F
r
e
e
b
o
r
n

&

P
e
t
e
r
s

L
L
P
A
t
t
o
r
n
e
y
s

a
t

L
a
w
I
n

R
e
:

D
e
l
t
a

P
r
o
d
u
c
e
,

L
P
,

e
t

a
l
.
,

D
e
b
t
o
r
9
/
1
2
/
2
0
1
2
M
u
l
l
e
r

T
r
a
d
i
n
g

C
o
m
p
a
n
y
,

I
n
c
.
D
e
l
t
a

P
r
o
d
u
c
e
,

L
P
P
A
C
A

N
e
t

1
0
1
.
5
%

p
e
r

m
o
n
t
h

(
1
8
%

p
e
r

a
n
n
u
m
)
y
e
s
I
n
v
o
i
c
e

N
u
m
b
e
r
D
a
t
e

o
f

I
n
v
o
i
c
e

o
r

S
h
i
p
m
e
n
t
D
a
t
e

T
r
u
s
t

N
o
t
i
c
e
G
i
v
e
n
D
a
t
e
P
a
y
m
e
n
t
D
u
e
N
o
.

o
f

D
a
y
s

P
a
s
t

D
u
e
I
n
v
o
i
c
e
A
m
o
u
n
t
P
a
y
m
e
n
t
s
R
e
c
e
i
v
e
d
I
n
v
o
i
c
e
A
m
o
u
n
t

D
u
e
A
c
c
r
u
e
d
I
n
t
e
r
e
s
t
(
t
h
r
o
u
g
h

d
a
t
e

o
f

c
h
a
r
t
)
O
u
t
s
t
a
n
d
i
n
g
B
a
l
a
n
c
e
P
A
C
A

T
r
u
s
t

A
m
o
u
n
t
S
A
W
0
0
3
0
0
1
2
/
1
6
/
1
1
1
2
/
1
6
/
1
1
0
1
/
0
6
/
1
2
2
5
0
2
4
,
5
7
3
.
5
0
$

-
$

2
4
,
5
7
3
.
5
0
$

3
,
1
0
8
.
3
7
$

$
2
7
,
6
8
1
.
8
7
2
7
,
6
8
1
.
8
7
$

2
4
,
5
7
3
.
5
0
$

3
,
1
0
8
.
3
7
$

2
7
,
6
8
1
.
8
7
$

2
7
,
6
8
1
.
8
7
$

P
r
i
n
c
i
p
a
l

A
m
o
u
n
t
:
$
2
4
,
5
7
3
.
5
0
A
c
c
r
u
e
d

I
n
t
e
r
e
s
t
:
$
3
,
1
0
8
.
3
7
A
t
t
o
r
n
e
y
s
'

F
e
e
s

&

C
o
s
t
s

(
e
s
t
i
m
a
t
e
d

t
h
r
o
u
g
h

0
9
/
1
2
/
2
0
1
2
)
:
$
2
8
,
8
7
4
.
9
0
T
o
t
a
l

P
A
C
A

T
r
u
s
t

A
m
o
u
n
t

C
l
a
i
m
e
d
:
$
5
6
,
5
5
6
.
7
7
I
n
t
e
r
e
s
t

R
a
t
e
:
A
t
t
o
r
n
e
y
s
'

F
e
e
s

&

C
o
s
t
s
:
C
l
a
i
m

A
m
o
u
n
t
s

C
a
l
c
u
a
l
t
e
d

T
h
r
o
u
g
h
:
P
A
C
A

T
r
u
s
t

C
r
e
d
i
t
o
r

/

C
l
a
i
m
a
n
t
:
D
e
b
t
o
r
:
P
a
y
m
e
n
t

T
e
r
m
s
:

1
2
-
5
0
0
7
3
-
l
m
c

D
o
c
#
3
0
0
-
5

F
i
l
e
d

0
9
/
1
2
/
1
2

E
n
t
e
r
e
d

0
9
/
1
2
/
1
2

2
3
:
2
9
:
1
5

E
x
h
i
b
i
t

A

t
o

M
u
l
l
e
r

D
e
c
l
a
r
a
t
i
o
n

P
g

2

o
f

3
7
12-50073-lmc Doc#300-5 Filed 09/12/12 Entered 09/12/12 23:29:15 Exhibit A to Muller
Declaration Pg 3 of 3
12/28/2011 11: 39 18475497758
MULLER TRADING
PAGE 02/02 ,,
Muller
TRADlNC COMPANY INC.
545 N. MILWAUKEE AVE., SUITE 201 LIBERTYVILLE, IL 60048 U.S.A.
BILL TO
Delta Produce, LP
2001 S. Laredo St.
PHONE: (847) 549-9511 FAX: {847) Sl.lD-7758
SHIP TO
Delta Produce, LP
2001 S. Laredo St.
San Antonio, TX 78207-7023 San Antonio, TX 78207-7023
__ Origin_ -fP?.;e ! -l
J... -10 Ctn_ ------- .. ___ . _ - 1-- .1
DUE: ..
"The perishable ;agncultural commocm1es listed on U1i:s invoice are :sQid subj Kt to the atatutory trut;t authorized by e.etion S(c)
of the Perishable Agricultural Commodities Act, 1930 (7 U.S.C. 499e(c)). The seller of these commodities re.taln$ a trust claim
over these commodities. all Inventories of food or other products derived from these commodities, and any receivable or
pnnl1f:e<la from the sale of these CQI'I'Imodltlee unb1 full j';ayment
Interest at 1.5% p'r month will be applied to unpaid balance&. Interest and attorneys' fees necassary to CXllleet payment are
SI II'TlR owing in connection with the Venue of any action will be in Chicago, Illinois.
Report350
Page 1 of 4
DECLARATION OF ATTORNEY
JASON R. KLINOWSKI
TEL: (312) 360-6000 FAX: (312) 360-6570
In Re: )
) Case No. 5:12-BK-50073-LMC
Debtor.
)
)
)
Chapter 11
DECLARATION OF ATTORNEY JASON R. KLINOWSKI
I, Jason R. Klinowski, declare and state as follows:
1. I am lead counsel for Muller Trading Company Inc. (the Claimant), and, in such
position, I am authorized to make this Affidavit. I am an adult and, based upon my own personal
knowledge, I am competent to testify at trial regarding the statements made in this Affidavit. I
file this Affidavit in support of the Claimants Motion for Reimbursement of Fees and Costs and
Application for Prejudgment Interest, Attorneys Fees and Costs.
2. I am an attorney at law duly licensed in the State of Illinois and admitted
generally to practice before the United States District Courts for the Northern District of Illinois
(Trial Bar), Southern District of Indiana, Eastern District of Tennessee, District of Nebraska,
Northern District of Texas, Southern District of Texas, Western District of Michigan and the
District of Maryland. I am also generally admitted to practice before the U.S. Supreme Court and
the U.S. Circuit Court of Appeals for the Seventh Circuit, Fifth Circuit and Eleventh Circuit.
3. I am an associate attorney in the law firm of Freeborn & Peters, LLP (F&P) and
the handling attorney for the instant action. I make this Declaration in support of Claimants
Motion for Reimbursement of Fees and Costs and Application for Prejudgment Interest,
of Klinowski Pg 1 of 4
Page 2 of 4
JASON R. KLINOWSKI
TEL: (312) 360-6000 FAX: (312) 360-6570
Attorneys Fees and Costs against the Debtors Delta Produce LP, Delta Produce Management
LLC, Superior Tomato-Avocado Ltd. (the Debtor).
4. In my position at Freeborn & Peters, I am primarily responsible for the work
being performed on behalf of the Claimant and for advising Claimant in connection with the
above styled case.
5. I make this Affidavit in support of Claimants claim for attorneys' fees and costs
owed in connection with this action.
6. I have personally reviewed all time descriptions in the bills F&P issued to the
Claimant in this matter from the start date of December 1, 2011 through June 30, 2012, which I
have attached to this affidavit as Exhibit A.
7. I found the time to have been reasonably incurred for the tasks performed and
necessary based on the actions of the Debtors.
8. Under Freeborn & Peters billing policy, we do not bill for any travel time unless
substantive work is done while traveling (ie: in flight, etc.). All expenses are billed to the client
at cost and without markup. The time for each specific task is described in detail and billed in
1/10th of an hour increments. Bills are generated monthly and usually in the mail within fifteen
to twenty-five (15-25) days of the close of the billing month. Some expenses lag behind the
month in which the time is entered, these expenses appear on the following month's statement.
9. The hourly rates for Freeborn & Peters personnel range from $225.00 per hour to
$510.00 per hour, depending on experience. My hourly billing rate on this matter was $350.00.
Paralegal time in support of this litigation is billed at $205.00 per hour.
Page 3 of 4
JASON R. KLINOWSKI
TEL: (312) 360-6000 FAX: (312) 360-6570
10. I know these rates to be competitive in the narrow field of PACA trust
enforcement and at the lower end of any range when it comes to federal litigation.
11. Our local counsel in this matter is Bruce W. Akerly of Cantey Hanger, L.L.P. -
Mr. Akerlys responsibilities are limited to reviewing pleadings for local rule compliance,
attending hearings, docket support and the like. As lead counsel, affirmative steps were taken to
prevent duplication of efforts.
12. Based on my review of all the billing statements in this matter, including local
counsel's billing statements, from December 1, 2011 through June 30, 2012, and an estimate of
time through September 2012, Claimant incurred fees and costs in the total amount of
$28,874.90 for which Claimant seeks reimbursement.
13. Claimant made numerous, diligent efforts to resolve this claim before resorting to
court intervention.
14. Debtors refusal to honor or otherwise pay the invoices attached to the Complaint
and PACA Proof of Claim was the direct cause of filing this action.
15. I estimate an additional $2,234.00 of time through September 2012 will be
incurred to finalize and file Claimants Motion for Reimbursement of Fees and Costs and
Application for Prejudgment Interest, Attorneys Fees and Costs along with preparing for oral
arguments on various hearings and other tasks related to this litigation. These fees and expenses
are estimated to the best of counsel's ability, but subject to submission of actual figures once they
become available.
16. Simply put, the Claimant incurred a total of $28,874.90 in attorneys' fees and
costs in connection with litigating this case as follows:
Page 4 of 4
JASON R. KLINOWSKI
TEL: (312) 360-6000 FAX: (312) 360-6570
1. Lead counsel time: $13,917.50
2. Local counsel time: $11,278.50
3. Costs: $1,444.90
4. Estimate through September 2012: $2,234.00
5. TOTAL FEES & COSTS: $28,874.90
17. Pursuant to the parties agreements, an additional charge of 1.5% per month (18%
APR) was charged on the above mentioned outstanding balance. Accordingly, the Debtor has
further failed to pay interest in the current amount of $3,108.37, which is further identified on the
PACA trust chart attached hereto as Exhibit B and incorporated herein by this reference.
I declare the above statements to be true and correct under penalty of
perjury as set forth in 28 U.S.C. 1746.
DATE: September 12, 2012
/s/ Jason R. Klinowski
(pro hac vice application forthcoming)
Telephone: (312) 360-6000
Fax: (312) 360-6570
Attorney for Claimant
2707015v1/28551-0001
Exhibit A
12-50073-lmc Doc#300-7 Filed 09/12/12 Entered 09/12/12 23:29:15 Exhibit A to
Klinowski Pg 1 of 23
- -
..
Attorneys at Law
Suile 3000
Chicago, Illinois 60606-6677
Tel312.360.6000
Chicago
Springfield
Eric Muller
545 N. Milwaukee A venue
Suite 201
FEIN #36-3238755
Re: Delta Produce
February 24, 2012
THROUGH DECEMBER 31, 2011:
DISBURSEMENTS
BALANCE DUE
$4,301.00
0.00
4,301.00
$4.301.00
1111111111111111111111111111111111111111111111111111111
PAYMENTDUEUPONRECEIPT.
2 February 24, 2012
Re: Delta Produce
Dec 29,2011 RTK
Dec 29,2011 JRK
Dec 29, 2011 JRK
Dec 29, 2011 JRK
Dec 29,2011 JRK
Finalized temporary restraining order documents
for filing, meetings with Jason Klinowski regarding
the same, send to Bruce Akerly for filing (2);
prepared notices of related lawsuits and entry of
temporary restraining order(1.2).
Conference with local counsel and co-counsel to
discuss addition of certain principals to case and
timing of same (.3); conference with local counsel
to confirm filing of complaint (.1 ); conference with
client to discuss initial case facts and initial
prosecution strategy (.3); conference with co-
counsel to provide direction for preparing the
necessary pleadings and priority of same (.2).
Multiple correspondence to client providing case
status updates and requesting additional information
(.3).
Prepared plaintiff's motion for P ACA claim
procedure (.6); prepared plaintiff's memorandum of
law in support ofPACA claims procedure (.9).
Multiple conferences with local counsel to discuss
case status and next steps (.4); conference with co-
counsel to discuss case status and the need to
prepare a notice of related cases and entry of a
temporary restraining order for immediate filing
(.3); conference with local counsel to discuss status
of temporary restraining order and service of same
(.2); conference with local counsel to confirm entry
of temporary restraining order ( .1 ); conference with
co-counsel to provide clear direction on prepared
temporary restraining order pleadings (.2).
3.20
0.90
0.30
1.50
1.20
3 February 24, 2012
Dec 29,2011 JRK Received and reviewed defendant's opposition to 0.40
temporary restraining order application (.3);
received and reviewed correspondence from
defendant's counsel objecting to temporary
restraining order (.1).
Dec 29, 2011 JRK Modified proposed temporary restraining order to 0.40
increase likelihood of entry over debtor's objection
(.4).
Dec 30, 2011 JRK Multiple conference with local counsel to discuss 1.20
case strategy and status (:4); multiple conference
with co-counsel to discuss action items and next
steps (.3); conference with defense counsel to
discuss temporary restraining order and the deposit
demanded therein (.2); conference with local
counsel to discuss status of service of temporary
restraining order on bank and the filing of the
related proof of service (.4); conference with co-
creditor counsel to discuss case status and next
steps (.1).
Dec 30,2011 IRK Multiple correspondence to client providing case 0.20
status updates (.2).
Dec 30, 2011 JRK Prepare plaintiff proposed P ACA claims procedure 3.10
order (2.8); received and reviewed multiple new
orders entered in after we filed the P ACA cases
transferring and consolidating said cases into the
lead case with the law case number (.3).
Dec 30,2011 JRK Exchanged multiple correspondence with local 0.30
counsel discussing service of process and
settlement status (.3).
FEE SUMMARY
TIMEKEEPER
Kienzler, Richard T.
K.linowski, Jason R.
TOTAL HOURS
TOTAL FEES
4
HOURS
3.20
9.50
12.70
February 24, 2012
RATE
305.00
350.00
FEES
$976.00
$3,325.00
$4,301.00
TOTAL FEES AND DISBURSEMENTS $4,301.00
c:\bills\569325.bil/2569453vl
Attorneys at Low
31 I South Wacker Drive
Suite3000
Chicago, Illinois
60606-6677
Tel312-360-6000
Fax 312-360.6520
Chicago
Eric Muller
Suite 201
FEIN #36-3238755
Re: Delta Produce
April4, 2012
llllllllllll lllll lllll llllllllll llllllllll lllll llllllll
Springfield FOR PROFESSIONAL SERVICES RENDERED AND EXPENSES INCURRED
THROUGH FEBRUARY 29,2012:
PREVIOUS BALANCE
DISBURSEMENTS
$4,301.00
$5,233.00
$9,884.51
$15,117.51
BILL DATE BILL # FEES COSTS
February 24,2012 100058455 4,301.00 0.00
TOTAL OUTSTANDING NR
BALANCE
PAID UNPAID
0.00 4,301.00
$4,301.00
$19,418.51
INTEREST OF 1.5% PER MONTH WILL BE ADDED AFTER 30 DAYS.
2 April4, 2012
Statement:No: 100060123
Re: Delta Produce
Jan 3, 2012 JRK
Jan 3, 2012 JRK
Jan 3, 2012 JRK
Conference with local counsel to discuss temporary
restraining order strategy and turnover with bank
funds (.2); conference with co-counsel to discuss
appearance pleadings (.1 ); conference with local
counsel to discuss staffing and preparation for
upcoming preliminary injunction hearing (.2);
received and reviewed cases from local counsel
providing copies of recent pleadings to opposing
counsel (.1).
Received and reviewed court order reassigning case
to Judge Sparks (.1); follow-up conference with
local counsel to discuss efforts to confirm amounts
frozen in defendant's accounts and next steps (.2);
conference with local counsel discussing staffing
and appearance requirements for upcoming
personal injury hearing (.2); received and reviewed
correspondence to defendant's counsel requesting
he accept service of process (.1 ).
Conference with court to discuss the use of
technology and the need to file formal witness lists
and exhibits lists (.2); conference with staff to
obtain certificates of good standing to file with
admission pleadings (.6); received and reviewed
summary correspondence from co-creditor counsel
discussing case status (.3); conference with local
counsel and co-creditor's counsel to discuss
defendant's bankruptcy filing (.4).
0.60
0.60
1.70
3 April 4, 2012
Jan 3, 2012 RTK Assembled information for admission to the 4.20
Western District of Texas; conferred with Jason
Klinowski regarding the same; reviewed
correspondence regarding the scheduled hearing on
Muller Trading Company's motion for a
preliminary injunction ( 4.2).
Jan 4, 2012 JRK Conference with local counsel to discuss defendants 1.00
recent bankruptcy filings (.2); conference with co-
counsel to discuss amending the complaint to add
individual defendants (.2); received and reviewed
defendant's motion to abstain from further action in
the district court(.4).
Jan 4, 2012 JRK Conference with local counsel and co-creditor's 0.10
counsel to discuss defendant's motion to abstain (.1)
Jan 5, 2012 RTK Reviewed and analyzed various correspondence 1.20
between Jason Klinowski, Bruce Akerly and Craig
Stokes; reviewed DeltaProduce LP's motion for
abstention from the district court during the
pendency of the bankruptcy proceedings; telephone
call with Jason Klinowski and Bruce Akerly
regarding the substance of the status hearing before
Judge Sam Sparks (1.2).
Jan 5, 2012 JRK Conference with local counsel to discuss plaintiffs 0.80
objections to defendant's motion to abstain (.3);
extended conference with local counsel to discuss
outcome of preliminary injunction hearing an next
steps (.5).
Jan 5, 2012 JRK Conference with client to discuss defendant's 0.20
motion to abstain and impact on case (.2).
Jan 5, 2012 JRK Received and reviewed defendants motion to stay 0.30
case (.3).
Jan 6, 2012 JRK Conference with co-counsel and local counsel to 0.60
discuss next steps (.2); received and reviewed
multiple correspondence from various parties
discussing certain pleadings and next steps (.4).
Jan 8, 2012 JRK. Conference with local counsel to discuss case status 0.30
and next steps (.2); received and reviewed
correspondence from defendant's counsel
discussing the temporary restraining order and
related pleadings (.1 ).
4 April4, 2012
Jan 9, 2012 JRK Received and reviewed multiple correspondence 0.80
from local counsel discussing case strategy (.3);
received and reviewed multiple correspondence
from opposing counsel discussing case status and
next steps (.2); conference with local counsel to
discuss language of any proposed order to ensure
the funds locked up under our temporary restraining
order remain frozen (.3).
Jan 11, 2012 JRK Received and reviewed court order halting district 0.30
court case in favor of bankruptcy and flagging
assets as trust assets ( .3).
Jan 11, 2012 JRK Conference with local counsel to discuss case status 0.10
(.1).
Jan 13, 2012 JRK Conference with client to discuss outcome of court 0.20
hearing (.2).
Jan 15, 2012 JRK Received and reviewed correspondence from local 0.30
counsel and opposing counsel discussing
segregation ofPACA trust assets (.3).
Jan 16, 2012 JRK Conference with opposing counsel to discuss recent 0.20
correspondence exchanges (.2).
Jan 18, 2012 JRK Conference with local counsel to discuss outcome 0.50
of cash collateral hearing (.2); received and
reviewed correspondence from opposing counsel
discussing objections to the P ACA claims
procedure order (.2); conference with client to
discuss case status (.1).
Jan 19,2012 JRK Received and reviewed court order transferring case 0.10
to bankruptcy court (.1).
Jan 25,2012 JRK Conference with local counsel to discuss outcome 0.20
ofhearing to install PACA claims procedure (.2).
Feb 8, 2012 JRK Conference with lead counsel to discuss case status 0.10
(.1).
Feb 16, 2012 JRK Conference with local counsel to discuss upcoming 0.10
ftling dates (.1 ).
Feb 22, 2012 JRK Conference with local counsel to discuss upcoming 0.20
filing deadlines (.2).
Feb 28,2012 JRK Conference with local counsel to confirm upcoming 0.10
deadlines (.1 ).
5
FEE SUMMARY
TIMEKEEPER
Kienzler, Richard T.
Klinowski, Jason R.
TOTAL HOURS
TOTAL FEES
HOURS
5.40
9.40
14.80
RATE
325.00
370.00
DISBURSEMENTS
Jan 3, 2012 JRK
Jan 3, 2012 KS
Jan 16, 2012 JRK
Jan 31,2012 CRA
Feb 7, 2012 JRK
Bruce W Akerly 63029
Bruce M Akerly 63029
1304945; DATE: 1116/2012
VENDOR: Freeborn & Peters LLP; INVOICE#:
STMT01131/12A; DATE: 113112012
01/03 Certificates of Good Standing for Richard
Kienzler and Jason Klinowski
1305120; DATE: 2/7/2012
c:\bills\570993.bil /261 0617vl
TOTAL DISBURSEMENTS
April4, 2012
FEES
$1,755.00
$3,478.00
$5,233.00
21.28
21.23
2,464.00
2.00
7,376.00
42.51
9,840.00
2.00
$9,884.51
$15,117.51
Attorneys at Law
Suite 3000
Tel 312.360.6000
Chicago
Springfield
2644289vl
Eric Muller
Suite 201
Statement No. 1 00065108
FEIN #36-3238755
Re: Delta Produce
May 16,2012
THROUGH MARCH 31,2012:
DISBURSEMENTS
BALANCE DUE
$1,397.00
1,021.39
2,418.39
$2.418.39
1111111 IIIII 1111111111 111111111111111 11111 1111111111111
INTEREST OF 1. 5% PER MONTH WILL BE ADDED AFTER 30 DAYS
Freeborn f:r Peters LLP
2 May 16,2012
Re: Delta Produce
Mar 2, 2012 JRK Prepared P ACA proof of claim for client execution 1.00
(.6); updated damages chart in preparation of
PACA proof of claim (1 ); prepare exhibits to
PACA proof of claim(.3).
Mar2, 2012 JRK Conference with client to obtain signed affidavit 0.30
(.1); conference with local counsel to discuss filing
of the P ACA proof of claim (.2).
Mar 6, 2012 TLH Reviewed and categorized paca trust claims in 2.20
preparation for attorney review (.9); reviewed court
files for main and all jointly administered cases to
develop outline of key dates to utilize in litigation
chart (.8); drafted memorandum to lead counsel
regarding status of jointly administered cases and
PACA trust claims filed with the courts (.5).
Mar 6, 2012 JRK Conference with local counsel to confirm filing of 0.20
PACA claims (.2).
Mar 6, 2012 JRK Conference with paralegal to discuss case status 0.10
(.1).
Mar 15,2012 TLH Conference with lead counsel to discuss strategy 0.30
involving work assignment, review of P ACA trust
claims for potential objections, next steps (.3).
Mar22, 2012 TLH Reviewed and categorized pleadings in preparation 1.00
for attorney review (.5); reviewed court docket to
identify upcoming hearing and filing dates (.3);
updated docket to reflect all known deadlines (.2).
2644289vl
FEE SUMMARY
TIMEKEEPER
Klinowski, Jason R.
Holland, Tracey L.
TOTAL HOURS
TOTAL FEES
DISBURSEMENTS
3
Mar 8, 2012 JRK Outside Legal Services
HOURS
1.60
3.50
5.10
RATE
370.00
230.00
1306679; DATE: 3/8/2012
TOTAL DISBURSEMENTS
c:\bills\575978.bil
2644289vl
May 16,2012
FEES
$592.00
$805.00
$1,397.00
1,021.39
1,021.39
$1,021.39
$2,418.39
Attorneys at Low
Suite 3000
Chicago, lllinois
60606-6677
Te1312-360-6000
Fax 312-360-6520
Chicago
Eric Muller
Suite 201
FEIN #36-3238755
Re: Delta Produce
June 11,2012
1111111111111111111111111111111111111111111111111111111
springfield FOR PROFESSIONAL SERVICES RENDERED AND EXPENSES INCURRED
THROUGH APRIL 30,2012:
PREVIOUS BALANCE
DISBURSEMENTS
$2,418.39
$2,165.00
$575.50
$2,740.50
BILL DATE BILL# FEES COSTS
May 16,2012 100065108 1,397.00 I ,021.39
TOTAL OUTSTANDING AIR
BALANCE
PAID UNPAID
0.00 2,418.39
$2,418.39
$5,158.89
INTEREST OF 1.5% PER MONTH WILL BE ADDED AFTER 30 DAYS.
2 June 11, 2012
Re: Delta Produce
Apr2, 2012. TLH Conference with lead counsel to discuss strategy 0.20
involving upcoming court dates and deadlines,
work assignment and next steps (.2).
Apr 3, 2012 TLH Reviewed and categorized bankruptcy pleadings in 2.90
preparation for attorney review (.6); reviewed court
docket to identify upcoming hearing and filing
dates (.7); updated docket to reflect all known
deadlines (.3); review special counsel's objections
to claims with respect to Muller's claim (.5);
reviewed omnibus objections to certain P ACA trust
claims with respect to Muller's claim (.5); draft
memorandum to lead counsel regarding objections,
additional items needed from client and need for
separate filing for attorneys fees (.3).
Apr 3, 2012 JRK Conference with local counsel to discuss objections 0.80
to client claims (.2); prepared correspondence to
paralegal directing her to docket response dates
(.1 ); prepared correspondence to client requesting
additional information (.1); received and reviewed
correspondence from client forwarding additional
back-up (.1); reviewed objections to client's PACA
claim (.3).
Apr 9, 2012 TLH Conference with lead counsel to discuss strategy 0.20
involving supplemental documents received from
client, upcoming court dates and deadlines, work
assignment and next steps (.2) .
. I
3 June 11,2012
Apr 12, 2012 TLH Reviewed and categorized pleadings in preparation 1.10
for attorney review (.3); reviewed court docket to
identify upcoming hearing and filing dates (.2);
updated docket to reflect all known deadlines (.1 );
reviewed and categorized supplemental documents
from client regarding response to objections to
P ACA trust claims in preparation of attorney
review (.2); draft memorandum to lead counsel
regarding same (.3).
Apr 12,2012 JRK Conference with paralegal to discuss case status and 0.20
next steps (.2).
Apr 16,2012 TLH Conference with lead counsel to discuss strategy 0.20
involving upcoming court dates and deadlines,
work assignment and next steps (.2).
Apr 16,2012 JRK Prepared plaintiffs reply in support ofPACA claim 1.80
addressing the debtor's objections (1.8).
Apr 16,2012 JRK Prepared correspondence to local counsel 0.10
forwarding plaintiffs reply for filing (.1 ).
Apr 18,2012 TLH Reviewed court docket to identify upcoming 1.50
hearing and filing dates (.3); updated docket to
reflect all known deadlines (.2); reviewed and
categorized pleadings in preparation for attorney
review (.8); draft memorandum to lead counsel
regarding all upcoming deadlines and conference
with local counsel (.2).
Apr 18, 2012 JRK Conference with paralegal to discuss case 0.10
management issues (.1 ).
Apr 30,2012 JRK Conference with local counsel to discuss deadline 0.10
to file generic proof of claim in the bankruptcy
court and the need to do the same (.1).
FEE SUMMARY
TIMEKEEPER
Klinowski, Jason R.
Holland, Tracey L.
TOTAL HOURS
TOTAL FEES
HOURS
3.10
6.10
9.20
RATE
295.00
205.00
FEES
$914.50
$1,250.50
$2,165.00
4
DISBURSEMENTS
Apr 6, 2012 IRK Outside Legal Services
1308213; DATE: 4/6/2012
03/ 12 Legal services rendered
e:\bills\S78267.bil
2657717vl
TOTAL DISBURSEMENTS
June 11,2012
575.50
575.50
$575.50
$2,740.50
Attorneys at Law
3 I I South Wacker Drive
Suite3000
Tel 312.360.6000
Chicago
Springfield
Eric Muller
Suite 201
FEIN #36-3238755
Re: Delta Produce
July 27, 2012
THROUGH MAY 31,2012:
DISBURSEMENTS
BALANCE DUE
$598.50
549.00
1, 147.50
$1.147.50
1111111111111111111111111111111111111111111111111111111
2 July 27, 2012
Re: Delta Produce
May 1, 2012 JRK Conference with local counsel to confirm 0.10
bankruptcy claim form filing deadline (0.1).
May 2, 2012 JRK Conference with local counsel to discuss new 0.10
motion to convert case to chapter 7 (0.1 ).
May 9, 2012 TLH Reviewed court docket to identify upcoming 0.50
hearing and filing dates (0.2); updated docket to
reflect all known deadlines (0.1); reviewed and
review (0.2).
May 10,2012 TLH Reviewed bankruptcy court docket to identify 0.50
upcoming hearing and filing dates (0.2); updated
docket to reflect all known bankruptcy court
deadlines (0.1 ); reviewed and categorized
bankruptcy court pleadings in preparation for
attorney review (0.2).
May 10,2012 JRK Conference with local counsel to discuss status of 0.10
client disbursements (0.1 ).
May 14,2012 JRK Conference with local counsel to discuss hearing 0.20
date on outstanding PACA claim objections (0.2).
May 29,2012 TLH Reviewed court docket to identify upcoming 1.20
hearing and filing dates (0.3); updated docket to
reflect all known deadlines (0.1 ); reviewed and
review (0.8).
FEE SUMMARY
TIMEKEEPER
Klinowski, Jason R.
Holland, Tracey L.
TOTAL HOURS
TOTAL FEES
DISBURSEMENTS
3
May 9, 2012 JRK Outside Legal Services
HOURS
0.50
2.20
2.70
RATE
295.00
205.00
1309452; DATE: 5/9/2012
TOTAL DISBURSEMENTS
c:\bills\581327.bil
July 27, 2012
FEES
$147.50
$451.00
$598.50
549.00
549.00
$549.00
$1,147.50
Allomeys at Law
Suite 3000
Tel312.360.6000
Chicago
Springfield
FEIN #36-3238755
Eric Muller
Suite 201
Re: Delta Produce
July 31,2012
THROUGH JULY 30, 2012:
DISBURSEMENTS
BALANCE DUE
$223.00
308.00
531.00
$531.00
1111111111111111111111111111111111111111111111111111111
I NTEREST OF 1.5% PER MONTH WILL BE ADDED AFTER 30 DAYS
2 July 31,2012
Re: Delta Produce
Jun 4, 2012 TLH Reviewed court docket to identify upcoming 0.50
hearing and filing dates in adversary case (0.1 );
updated docket to reflect all known deadlines in
adversary case (0.1 ); reviewed court docket to
identify upcoming hearing and filing dates in
bankruptcy case (0.1 ); updated docket to reflect all
known deadlines in bankruptcy case (0.1); reviewed
and qtegorized pleadings in bankruptcy case in
preparation for attorney review (0.1 ).
Jun 7, 2012 JRK Received and reviewed correspondence from
opposing counsel discussing the need to
compromise or settle some of the Debtor's
outstanding AIR (0.2).
Jun 11, 2012 TLH Reviewed bankruptcy court docket to identify
upcoming hearing and filing dates (0.1 ); reviewed
and categorized bankruptcy court pleadings in
preparation for attorney review (0.2).
FEE SUMMARY
TIMEKEEPER
Klinowski, Jason R.
Holland, Tracey L.
TOTAL HOURS
TOTAL FEES
HOURS
0.20
0.80
1.00
RATE
295.00
205.00
0.20
0.30
FEES
$59.00
$164.00
$223.00
t.
DISBURSEMENTS
Jun 12,2012 JRK
3
1310774; DATE: 6/12/2012
TOTAL DISBURSEMENTS
c:\bills\582181. bil/2684332v 1
July 31,2012
308.00
308.00
$308.00
$531.00
Exhibit B
12-50073-lmc Doc#300-8 Filed 09/12/12 Entered 09/12/12 23:29:15 Exhibit B to
Klinowski Pg 1 of 3
F
r
e
e
b
o
r
n

&

P
e
t
e
r
s

L
L
P
A
t
t
o
r
n
e
y
s

a
t

L
a
w
I
n

R
e
:

D
e
l
t
a

P
r
o
d
u
c
e
,

L
P
,

e
t

a
l
.
,

D
e
b
t
o
r
9
/
1
2
/
2
0
1
2
M
u
l
l
e
r

T
r
a
d
i
n
g

C
o
m
p
a
n
y
,

I
n
c
.
D
e
l
t
a

P
r
o
d
u
c
e
,

L
P
P
A
C
A

N
e
t

1
0
1
.
5
%

p
e
r

m
o
n
t
h

(
1
8
%

p
e
r

a
n
n
u
m
)
y
e
s
I
n
v
o
i
c
e

N
u
m
b
e
r
D
a
t
e

o
f

I
n
v
o
i
c
e

o
r

S
h
i
p
m
e
n
t
D
a
t
e

T
r
u
s
t

N
o
t
i
c
e
G
i
v
e
n
D
a
t
e
P
a
y
m
e
n
t
D
u
e
N
o
.

o
f

D
a
y
s

P
a
s
t

D
u
e
I
n
v
o
i
c
e
A
m
o
u
n
t
P
a
y
m
e
n
t
s
R
e
c
e
i
v
e
d
I
n
v
o
i
c
e
A
m
o
u
n
t

D
u
e
A
c
c
r
u
e
d
I
n
t
e
r
e
s
t
(
t
h
r
o
u
g
h

d
a
t
e

o
f

c
h
a
r
t
)
O
u
t
s
t
a
n
d
i
n
g
B
a
l
a
n
c
e
P
A
C
A

T
r
u
s
t

A
m
o
u
n
t
S
A
W
0
0
3
0
0
1
2
/
1
6
/
1
1
1
2
/
1
6
/
1
1
0
1
/
0
6
/
1
2
2
5
0
2
4
,
5
7
3
.
5
0
$

-
$

2
4
,
5
7
3
.
5
0
$

3
,
1
0
8
.
3
7
$

$
2
7
,
6
8
1
.
8
7
2
7
,
6
8
1
.
8
7
$

2
4
,
5
7
3
.
5
0
$

3
,
1
0
8
.
3
7
$

2
7
,
6
8
1
.
8
7
$

2
7
,
6
8
1
.
8
7
$

P
r
i
n
c
i
p
a
l

A
m
o
u
n
t
:
$
2
4
,
5
7
3
.
5
0
A
c
c
r
u
e
d

I
n
t
e
r
e
s
t
:
$
3
,
1
0
8
.
3
7
A
t
t
o
r
n
e
y
s
'

F
e
e
s

&

C
o
s
t
s

(
e
s
t
i
m
a
t
e
d

t
h
r
o
u
g
h

0
9
/
1
2
/
2
0
1
2
)
:
$
2
8
,
8
7
4
.
9
0
T
o
t
a
l

P
A
C
A

T
r
u
s
t

A
m
o
u
n
t

C
l
a
i
m
e
d
:
$
5
6
,
5
5
6
.
7
7
I
n
t
e
r
e
s
t

R
a
t
e
:
A
t
t
o
r
n
e
y
s
'

F
e
e
s

&

C
o
s
t
s
:
C
l
a
i
m

A
m
o
u
n
t
s

C
a
l
c
u
a
l
t
e
d

T
h
r
o
u
g
h
:
P
A
C
A

T
r
u
s
t

C
r
e
d
i
t
o
r

/

C
l
a
i
m
a
n
t
:
D
e
b
t
o
r
:
P
a
y
m
e
n
t

T
e
r
m
s
:

1
2
-
5
0
0
7
3
-
l
m
c

D
o
c
#
3
0
0
-
8

F
i
l
e
d

0
9
/
1
2
/
1
2

E
n
t
e
r
e
d

0
9
/
1
2
/
1
2

2
3
:
2
9
:
1
5

E
x
h
i
b
i
t

B

t
o

K
l
i
n
o
w
s
k
i

P
g

2

o
f

3
7
12-50073-lmc Doc#300-8 Filed 09/12/12 Entered 09/12/12 23:29:15 Exhibit B to
Klinowski Pg 3 of 3
12/28/ 2011 11: 39 18475497758
MULLER TRADING
PAGE 02/02
l !
Muller
T R A D I N C C 0 M P A NY I N C.
545 N. MILWAUKEE AVE., SUITE 201 LIBERTYVILLE, IL 60048 U.S.A.
PHONE; (847) 549-9511 FAX: (847) 54D-77SS
BILL TO
Defta Produce, LP
2001 S. Laredo St.
San Antonio, TX 78207-7023
SHIP TO
Delta Produce, LP
2001 S. Laredo St.
San Antonio, TX 78207-7023
-----_- --t
L . --- _..... . .... ---------- _________ .. _ --------......... -----------.. . . ___ ,_____ --.. . ------.. ---.. -'
Please remit Total Due
..

to above address. L.. .. _ _ .. - .. ..
''The periShable commodities 115ted on Uri:s invoice are sold 3Ubject to the atatutory trur;;t authorized by tlldion 5(c)
of the Perishable Agricultural Commodities Act, 1930 (7 U.S.C. 499e(c)). The seller of these commodities re.taln$ a trust claim
over these commodities. all Inventories of food or other products derived from these ccmmodltlas, and any receivable or
pnAA:eds from the sale of theea Cllf'l'lmodltlec unb1 hill
lntl!!rest at 1 .S% per montl'l will be applied to unpaid balanoes. Interest and attorneys' fees necessary to collect payment are
$111T1R owing in connection with the Venue of any action will be in Chicago, Illinois.
Page 1 of 3
BRUCE W. AKERLY
TEL: (312) 360-6000 FAX: (312) 360-6570
In Re: )
) Case No. 5:12-BK-50073-LMC
Debtor.
)
)
)
Chapter 11
DECLARATION OF ATTORNEY BRUCE W. AKERLY
I, Bruce W. Akerly, declare and state as follows:
1. I am local counsel for Muller Trading Company Inc. (the Claimant), and, in
such position, I am authorized to make this Affidavit. I am an adult and, based upon my own
personal knowledge, I am competent to testify at trial regarding the statements made in this
Affidavit. I file this Affidavit in support of the Claimants Motion for Reimbursement of Fees and
Costs and Application for Prejudgment Interest, Attorneys Fees and Costs.
2. I am an attorney at law duly licensed in the State of Texas and admitted generally
to practice before the United States District Courts for the Northern, Southern, Eastern and
Western Districts of Texas, Western and Eastern Districts of Wisconsin, Western District of
Tennessee, and the Eastern District of North Carolina. I am also generally admitted to practice
before the U.S. Supreme Court and the U.S. Circuit Court of Appeals for the Fifth and Sixth
Circuits.
3. I am partner in the law firm of Cantey Hanger, LLP (Cantey) and the handling
attorney for the instant action. I make this Declaration in support of Claimants Motion for
Reimbursement of Fees and Costs and Application for Prejudgment Interest, Attorneys Fees and
of Akerly Pg 1 of 3
Page 2 of 3
BRUCE W. AKERLY
TEL: (312) 360-6000 FAX: (312) 360-6570
Costs against the Debtors Delta Produce LP, Delta Produce Management LLC, Superior Tomato-
Avocado Ltd. (the Debtor).
4. In my position at Cantey, I am primarily responsible for the work being
performed on behalf of the Claimant and for advising Claimant in connection with the above
styled case.
5. I make this Affidavit in support of Claimants claim for attorneys' fees and costs
owed in connection with this action.
6. I have personally reviewed all time descriptions in the bills Cantey issued to the
Claimant in this matter from the start date of December 1, 2011 through June 30, 2012, which I
have attached to this affidavit as Exhibit A.
7. I found the time to have been reasonably incurred for the tasks performed and
necessary based on the actions of the Debtors.
8. My hourly billing rate on this matter was $385.00. Paralegal time in support of
this litigation is billed at $150.00 per hour.
9. I know these rates to be competitive in the narrow field of PACA trust
enforcement and at the lower end of any range when it comes to federal litigation.
10. As local counsel in this matter, my responsibilities are limited to reviewing
pleadings for local rule compliance, attending hearings, docket support and the like.
I declare the above statements to be true and correct under penalty of
perjury as set forth in 28 U.S.C. 1746.
of Akerly Pg 2 of 3
Page 3 of 3
BRUCE W. AKERLY
TEL: (312) 360-6000 FAX: (312) 360-6570
DATE: September 12, 2012
/s/ Bruce W. Akerly
Bruce W. Akerly
CANTEY HANGER LLP
Dallas, Texas 75201
Telephone: (214) 978-4100
Facsimile: (214) 978-4150
Attorney for the Plaintiff
2707705v1
of Akerly Pg 3 of 3
Exhibit A
12-50073-lmc Doc#300-10 Filed 09/12/12 Entered 09/12/12 23:29:15 Exhibit A to Akerly
Pg 1 of 19
Pg 2 of 19
CANTEY -HANGER, L.L.P.
Attorneys at Law
Cantey Hanger Plaza
c/o Freeborn & Peters
1
LLP
Chicago, IL 60606
Re: Muller Trading Company/ Inc. vs.
Delta Produce LP
1
Delta Produce
Management LLC
1
Walter Jensen,
Individually/ Scott Jensen,
Day-Harper
1
Individually
District of Texas
Your Client/Matter No. 285S1/0001
Invoice
Invoice #
Date
MUL21 .BWA
Matter
130494S
01/16/12
104865
FEI#7S-07560SO
Thank you f or allowing us to represent you.
12/28/11 BWA Telephone conference and emails with J .
Klinowski regarding back up facts for
litigation in San Antonio against Delta.
12/28/11 BWA Communications with R. Kienzler regarding
complaint.
12/28/11 BWA Review complaint and arrange for filing of
same.
12/28/11 MZ Efile Complaint and several initiating
documents per B. Akerly; obtain information
for preparing Summons and report findings to
.30 115. so
.10 38.SO
.60 231.00
.so 70.00
Pg 3 of 19
12/29/11
12/29/11
12/29/11
12/29/11
12/29/11
12/29/11
12/29/11
12/29/11
12/29/11
12/29/11
12/29/11
12/29/11
12/29/11
12/29/11
BWA
BWA
BWA
BWA
BWA
BWA
BWA
BWA
BWA
BWA
BWA
BWA
BWA
BWA
12/29/11 MZ
12/29/11 MZ
12/30/11 MZ
B. Akerly.
Review and respond to communication from R.
Kienzler regarding amended complaint.
Review and make minor revisions to proposed
amended complaint and confer with M. Zastrow
regarding s filing same.
Conferenced with J. Klinowski regarding
filing of motion for TRO and related order.
Review f orm of motion for TRO, motion for
TRO, motion to consolidate hearing on PI with
trial on merits, and Order and revisions to
same and work with M. Zastrow to arrange for
filing.
Communication with R. Stokes regarding motion
for TRO and Order.
Communication with Judge regarding motion for
TRO and possible hearing on same.
Review and respond to email from C. Stokes
regarding request for TRO.
Prepare amended Certificate of Conference.
Communication with Judge Sparks chambers
regarding request for TRO and related issues.
Prepare amended certificate of conference
based on communications with counsel for
Delta Produce.
Communications with J. Klinowski regarding
status of TRO request.
Telephone conference with Judge Sparks
regarding TRO.
Review response in objection to TRO.
conversation with Court and opposition to
TRO.
Efile Motion for TRO, Brief in Support of
Motion for TRO, TRO, Certificate of
Conference, Certificate of Service and Motion
to Consolidate Cases; contact the clerk's
office regarding location of case and
requirements to change to different division;
prepare and submit several Summons to the
clerk for issuance of same per B. Akerly.
Revise, scan and efile Notice of Related Case
and a Temporary Restraining Order in several
pending cases per B. Akerly.
Contact and arrange for TRO to be served on
International Bank of Commerce (IBC) in Port
. .. ... - ... .
Invoice #
Date
1304945
01/16/12
MUL21 .BWA
Matter 104865
Hours
.20
.40
.30
1.00
.10
.10
.10
.20
.20
.20
.20
.10
.20
.10
2.00
1.00
2.00
Amount
77.00
154 . 00
115. so
385.00
38 . 50
38.50
38.50
77 . 00
77.00
77.00
77.00
38 . 50
77 . 00
38.50
280.00
140.00
280.00
Pg 4 of 19
Date
Attorney
Atty Description
Lavaca and on the registered agent for IBC,
Dennis Nixon; efile Motions, Orders,
Memorandums in Support and Certificate of
Service regarding the PACA claims procedures
per B. Akerly.
Staff Level Hours
Akerly, Bruce W.
Zastrow, Marie
Partner
Paralegal
4.40
5.50
EXPENSES
TOTAL EXPENSES
INVOICE TOTAL
PRIOR BALANCE
BALANCE DUE
Invoice #
Date
1304945
01/16/12
MUL21 .BWA
Matter 104865
Hours
9.90
Rate
385.00
140.00
Amount
$ 2,464.00
Amount
1,694.00
770.00
Amount
$ 00
$ 2,464.00
$ 00
$ 2,464.00
.. ~ '
Pg 5 of 19
: .. . .
Attorneys at Law
Cantey Hanger Plaza
Chicago, IL 60606
Re: Muller Trading Company, Inc. vs .
and Melinda
Day- Harper, Individually
District of Texas
Client/Matter No. 28551/0001
Invoice
Invoice #
Date
1305120
02/07/12
MUL21 .BWA
Matter 104865
FEI#75-0756050
1/03/12 BWA Attention to matters relating to service of
process and hearing on preliminary injunction
and communications with J. Klinowski
regarding same.
1/03/12 BWA Communications with IBC regarding TRO and
deposit account issues.
1/03/12 BWA Communications with J. Klinowski regarding
IBC contacts and deposit account .
1/03/12 BWA Communications with C. Stokes regarding
service of summons and Preliminary
.30 115.50
.30 115.50
.30 115.50
. 10 38.50
Pg 6 of 19
Date
1/03/12
, .. ~ 1-JW/12
1/04/12
1/04/12
1/04/12
1/04/12
1/05/12
1/05/12
1/05/12
1/05/12
1/05/12
1/05/12
1/06/12
1/06/12
Atty Description
Injunction.
MZ Contact clerk's office regarding hearing and
document requirements; contact various IBC
bank locations for branch managers; contact
head office for IBC for legal department
information; report findings to B. Akerly.
BWA Investigate bankruptcy filings of Delta
Produce and Superior Tomato and communication
with J. Klinowski regarding same and options
going forward.
BWA Review and respond to email from J. Klinowski
regarding options email and going forward.
BWA Review suggestions of bankruptcy filed by
Delta Produce and communications with J.
Klinowski regarding same.
MZ Several calls to chambers regarding
preliminary injunction hearing; prepare
drafts of Notices of Appearance for Delta
Produce L.P., Superior Tomato- Avocado and
Atled bankruptcy cases and forward to B.
Akerly for review.
MZ Scan and efile Notice of Appearance in Delta
Produce, L.P., Superior Tomato-Avocado and
Atled, Ltd. bankruptcy cases per B. Akerly.
BWA Telephone conference with J. Klinowski
regarding lift stay and other issues and
abstention motion of Delta.
BWA Telephone conference with C. Stokes
(multiple) regarding abstention and
acceptance of service of process.
BWA Telephone conference with Judge Spark's
office regarding hearing on PI request.
BWA Review Motion to Abate proposed by C. Stokes.
BWA Telephone conference with J. Klinowski
regarding possible removal of federal action.
BWA Attend hearing on PI and other matters in
Austin, Texas for client, meeting with
counsel for Delta, review documents provided
by Delta, telephone conference with J.
Klinowski regarding outcome of hearing
(including 2.50 hours travel time).
BWA Follow up with counsel for Delta on cash
collateral order and proposed abstention
orders and communication with client/J.
Klinowski regarding same.
BWA Review and make revisions to proposed
Invoice #
Date
MUL21 .BWA
Matter
Hours
2.00
.30
.20
.30
1.80
.90
.20
.10
.10
.30
.20
. .. .:_ .. ... .. .
1305120
02/07/12
104865
Amount
300.00
115.50
77.00
115.50
270.00
135.00
77.00
38.50
38.50
115.50
77.00
5.00 1,925.00
.20 77.00
.so 192.50
Pg 7 of 19
abstention order.
1/10/12 BWA Review proposed order on transfer and freeze
on PACA funds and make suggested changes to
same.
1/10/12 BWA Communications with counsel for Delta
regarding transfer, PACA funding issues.
- Y - -l:/:l.0/12 BWA Communications with J . Klinowski regarding
PACA funding and transfer order.
1/12/12 BWA Review notices of hearing and pleadings filed
relating to bankruptcy and communications
with J. Klinowski regarding same.
1/13/12 BWA Review first day motions, including Motion to
Use Cash Collateral, Motion for Joint
Administration.
1/13/12
1/13/12
1/16/12
1/16/12
1/17/12
1/17/12
1/19/12
1/19/1.2
1/19/12
1/19/12
1/23/12
1/23/12
1/23/12
1/24/12
1/24/12
BWA
BWA
BWA
BWA
BWA
BWA
BWA
BWA
BWA
BWA
BWA
BWA
BWA
BWA
BWA
Attend hearing on use of cash collateral and
related first day motions of debtors
(telephone) .
Report to J. Klinowski regarding hearing on
first day motions.
Review email and attached documents from R.
Goldman relating to proposed PACA claim
procedure and related issues involving cash
collateral.
Telephone conference with J. Klinowski
regarding cash collateral issues.
Attend hearing on cash collateral.
Communication with J. Klinowski -regarding
hearing on cash collateral.
Review transfer orders on civil actions.
Confirm service of process issues on
defendant in civil action .
Review Motion to Set Claims Procedure and
communications from counsel regarding same.
claim procedures and related matters.
Telephone conference with J. Klinowski
regarding Motion to use PACA funds to pay for
operations.
Review Motion for Relief PACA.
Review Motion to Use PACA Funds.
Review motion by some PACA claimants to use
PACA funds and Motion for PACA Claims
Procedures.
Attention to hearing by telephone on motion
by some PACA claimants to use PACA funds and
Motion for PACA Claim Procedures and report
Invoice #
Date
MUL21 .BWA
Matter
Hours
.so
.20
.10
.40
.30
1.30
.20
.20
.20
.50
.1.0
.10
.10
.20
.10
.20
.10
.10
.30
1.00
1305120
02/07/12
104865
Amount
192.50
77.00
3.8;50
154.00
115.50
500.50
77.00
77.00
77.00
192.50
38.50
38.50
38.50
77.00
38.50
77.00
38.50
38.50
115.50
385 . 00
Pg 8 of 19
Invoice # 1305120
to J. Klinowski regarding same.
1/24/12 BWA Confer with M. Zastrow regarding service of
process on individual defendants.
1/24/12 MZ Obtain summons from court; assembl e multiple
Summons and Complaints; forward same to
p r o ~ e s s service; scan and efile Affidavit of
service of TRO on International Bank of
Commerce per B. Akerly.
1/25/12 MZ Revise Certificate of Service per B. Akerly;
assemble various exhibits; scan and efile
Certificate of Service per B. Akerly.
Attorney Staff Level Hours
Date
MUL21
Matter
Hours
.20
1.50
1. 00
22.00
Rate
Akerly, Bruce W.
Zastrow, Marie
Partner
Paralegal
14.80
6.20
385.00
150.00
INVOICE
NUMBER
1304945
EXPENSES
Subpoena Fees
Fi l ing Fees Filing
TOTAL EXPENSES
INVOICE TOTAL
DATE
1/16/12
INVOICE
AMOUNT
2,464.00
PRIOR BALANCE
BALANCE DUE
PAYMENTS
AGAINST
INVOICE
.00
INVOICE
BALANCE
2,464.00
02/07/12
.BWA
104865
Amount
77.00
225.00
N/C
$ 6,628.00
Amount
5,698.00
930.00
Amount
398.00
350.00
$ 748.00
$ 7,376.00
$ 2,464.00
$ 9,840.00
Pg 9 of 19
. ... ..... :: .. .. . . . . . . ~ ..... . - . : . ::. ;_.; ;_.: :.: :.: . .-.. . ~ ....... .. : ~ . ,
Attorneys at Law
Cantey Hanger Plaza
Chicago, IL 60606
District of Texas
Invoice
. . .. . . .... _:._ -::. ............ ....
Invoice #
Date
1306679
03/08/12
MUL21 .BWA
Matter 104865
FEI#75-0756050
2/07/12 BWA Review recent pleadings regarding PACA
pr ocedure, website documentation processing.
2/07/12 BWA Email to J. Klinowski regarding PACA claim
issues.
2/08/12 MZ Obtain proof of claim deadline and prepare
scheduling memo from the Order Establishing
deadlines to file PACA trust claims and
forward to B. Akerly.
2/15/12 BWA Review Motions to Sell and status of
adversary act ion and email to J. Klinowski
.20
.10
1.00
.30
77.00
38.50
150.00
115.50
Pg 10 of 19
: - ' .
.- . . : .: .. . .. .. . . ... . : .. . ;. ,;. . : J .:::: .. ,. . : .. .. . , :;.", . ... - .; .. ..
Invoice # 1306679
regarding same.
Sell
emails
2/16/12 BWA Review notices of hearing on Motions to
Assets, review scheduling memo, review
from J. Klinowski regarding PACA claim
deadlines, and email to J. Klinowski
regarding same.
Date
MUL21
Matter
Hours
. . 20
1.80
Akerly, Bruce W.
Zastrow, Marie
Date EXPENSES
Partner
Paralegal
2/13/12 SECRETARY OF STATE 0 Check # - 000301809
On-Line Research
Out-of-Town Expenses 01/05/12 TAXI/PARKING
TRAVEL TO AUSTIN TO ATTEND HEARING
.80
1.00
Out-of-Town Expenses 01/05/12 TRAVEL TO AUSTIN TO
ATTEND HEARING - AIRFARE
2/14/12 AMERICAN Check # - 000301740
Meals - TRAVEL TO AUSTIN TO ATTEND
HEARING
TOTAL EXPENSES
INVOICE TOTAL
PAYMENTS
385.00
150.00
INVOICE
NUMBER
INVOICE AGAINST INVOICE
1304945
1305120
DATE
1/16/12
2/07/12
AMOUNT
2,464.00
7,376.00
INVOICE BALANCE
.00 2,464.00
.00 7,376.00
03/08/12
.BWA
104865
Amount
77.00
$ 458.00
Amount
308.00
150.00
Amount
1.00
136.00
397.60
28.79
$ 563.39
$ 1,021.39
Pg 11 of 19
. . . . . . ..., . : . . : . ... .. .. . . . ~ .: . ..... ... : . . . . . : '; : .. ~ . : ~ . . : . , ; .. :"-' : . . : ... . : : .. ". : .... .. . ... :.:
PRIOR BALANCE
BALANCE DUE
. . :.:=-;.:. :. : ..
Invoice #
Date
1306679
03/08/1.2
MUL21 . BWA
Matter 1.04865
$ 9,840.00
$ 1.01 861.. 39
........... .
. t
Pg 12 of 19
.. : . . --::: .. : . ... -: ......
. ; .... ; ; ~ '
CANTEY . HANGER, L.L.P.
Attorneys at Law
Cantey Hanger Plaza
Muller Trading Company, Inc-
Chicago, IL 60606
Attn: Jason R- Klinowski, Esq.
Cause No. 11- cv-01114-SS; In the
u.s. District For for the Western
District of Texas
Invoice
. - ... - ~ .. : ~ ... : . - ~
- ~ ., . . .
Invoice #
Date
1308213
04/06/12
MUL21 _BWA
Matter
FEI#75-0756050
Date Atty Description. Hours Amount
3/02/12 BWA Review and respond to emails from J.
3/06/12
3/07/12
3/07/12
Klinowski regarding PACA proof of claim of
Muller and related issues; review Muller PACA
claim form.
BWA Investigation into filing of claim in
registry versus in main case and related
issues; confer with N. Starr same.
BWA Follow up on status of adversary.
BWA Prepare notice of filing of Proof of Claim to
be filed in POC register of Court.
.30
.30
.20
.40
115.50
115.50
77.00
154.00
Pg 13 of 19
:: :.: ::.: .. : : . ~ : . - ~ .. ... . . :. : ... ~ , . ,; .. . : ...... : .. ... . . ... .. .. :. . . . : . .....
. .. ' .. . . :: ... ~ , ..... ; .
Invoice # 1308213
3/07/12 BWA Email to J. Klinowski regarding filing of POC
and status of adversary.
3/07/12 MZ. Revise, scan and efile Notice of PACA Trust
Proof of Claim per B. Akerly.
Date
MUL21
Matter
Hours
.10
.so
1.80
Akerly, Bruce W.
Zastrow, Marie
EXPENSES
Partner
Paralegal
TOTAL EXPENSES
INVOICE TOTAL
1.30
.so
38S.OO
1SO.OO
PAYMENTS
INVOICE INVOICE AGAINST INVOICE
NUMBER DATE AMOUNT INVOICE BALANCE
130494S 1/16/12 2,464.00 .00 2,464.00
130S120 2/07/12 7,376.00 .00 7,376.00
1306679 3/08/12 1,021.39 .00 1,021.39
PRIOR BALANCE
BALANCE DUE
04/06/12
.BWA
$
10486S
Amount
38.SO
7S.OO
575.50
Amount
soo.so
7S.OO
Amount
$ 00
$ 575.50
$ 10,861.39
$ 11,436.89
Pg 14 of 19
Attorneys at Law
Cantey Hanger Plaza
Muller. Trading Company, Inc.
Chicago, IL 60606
Re: Muller Trading company, Inc. vs.
Management LLC, W a l t ~ r Jensen,
District of Texas
Your Client/Matter No. 28S51/0001
Invoice
Invoice #
Date
MUL21 .BWA
Matter
1309452
05/09/12
104865
FEI#75-0756050
4/03/12 BWA Review objection to PACA trust claim and
forward to J. Klinowski for disposition and
related matters.
4/16/12 BWA Review pleading and information from J.
Klinowski regarding filing of responses to
objections to claim; work with M. Zastrow to
file responses.
4/16/12 MZ Efile Reply in Support of the PACA Trust
Claim of Muller Trading and E.xhibit to same;
forward file marked copy to interested
.so 192. so
.so 192.50
.50 7S.OO
Pg 15 of 19
parties per B. Akerly.
Attorney Staff Level
Akerly, Bruce W.
Zastrow, Marie
Partner
Paralegal
EXPENSES
Subpoena Fees
TOTAL EXPENSES
INVOICE TOTAL
Hours
1.00
.50
Invoice #
Date
MUL21 .BWA
Matter
Hours
1309452
05/09/12
104865
Amount
1.50 $ 460.00
Rate
385.00
150.00
Amount
385.00
75.00
Amount
89.00
$ 89.00
$ 549.00
INVOICE
NUMBER DATE
1/16/12

1306679v /3/08/12
13082130i 4/06/12
INVOICE
AMOUNT
2,464.00
7,376.00
1,021.39
575.50
PRIOR BALANCE
BALANCE DUE
PAYMENTS
AGA.INST INVOICE
INVOICE BALANCE
.00 2,464.00
.00 7,376.00
.00 1, 021.39
.00 575.50
$ 11,436.89
$ 11,985.89
Pg 16 of 19
:: .:
., : I : . ~ . :. : ...... " ',
Attorneys at Law
Cantey Hanger Plaza
31.1. South Wacker Drive, Suite 3000
Chicago, IL 60606
Cause No. 1.1-cv-01.11.4-SS; In the
District of Texas
Your Client/Matter No. 28551./0001.
Invoi ce
.:
Invoice #
Date
MUL21. .BWA
Matter
1310774
06/12/12
104865
FEI#75-0756050
if you have s ~ n t your payment .
Thank. you for allowing us to represent you.
Date Atty Description Hour s Amount
5/01./1.2 BWA Review and respond to email from J. Klinowski
regarding PACA claim and related issues.
5/07/1.2 BWA Review email and issues from C. Stokes
regarding claim objection; analysis of same;
email to J. Klinowski regarding same.
5/08/1.2 BWA Review email from J. Klinowski regarding
status of offer to allow PACA claim and
at.torney fee issues; email to C. Stokes
regarding same.
5/30/1.2 BWA Review cash balance chart from C. Stokes;
.1.0 38.50
. 30 1.15.50
.20 77.00
.20 77.00
Pg 17 of 19
Date
Attorney
Atty Description
Staff Level
Akerly, Bruce w. Partner
EXPENSES
TOTAL EXPENSES
INVOICE TOTAL
Hours
.80
Invoice # 1310774
Date 06/12/12
MUL21 .BWA
Matter 104865
Hours Amount
.80 $ 308.00
Rate Amount
385.00 308.00
Amount
$ .00
$ 308.00
INVOICE
NUMBER
1309452
DATE
5/09/12
PRIOR BALANCE
BALANCE DUE
INVOICE
AMOUNT
. 549.00
PAYMENTS
AGAINST
INVOICE
.00
INVOICE
. BALANCE
549. oo
$ 549.00
$ 857.00
Pg 18 of 19
Attorneys at Law
Cantey Hanger Plaza
Chicago, IL 60606
Cause No. 11-cv- 01114 - SS; In the
U.S. District for the Western
District of Texas
Your Client/Matter No . 28551/0001
Invoice
Invoice #
Date
MUL21 .BWA
Matter
13152.05
08/29/12
104865
FEI#75-0756050
5/10/12 BWA Review PACA special counsel filing and report
on PACA claims and forward to J. Klinowski
regarding same; communication with C. Stokes
regarding A/F issues.
6/07/12 BWA Review email from C. Stokes regarding
possible settlement and PACA funding and
communications with J. Klinowski regarding
same; review motion and PACA trust chart and
6/20/12 BWA Review email and attachment from C. Stokes
.30
.30
.20
115.50
115.50
77 . 00
Pg 19 of 19
regarding settlement proposal on PACA
claims/assets; email to J. Klinowski
regarding same.
6/30/12 BWA Review email and proposal for settlement;
email to J. Klinowski re same.
TOTAL PROFESSIONAL HOURS/PEES
Attorney Staff Level Hours
Akerly, Bruce W. Partner 1. 00
EXPENSES
TOTAL EXPENSES
INVOICE TOTAL
PRIOR BALANCE
BALANCE DUE
Invoice #
Date
1315205
08/29/12
MUL21 .BWA
Matter 104865
Hours Amount
.20 77.00
1.00 $ 385.00
Rate Amount
385.00 385.00
Amount
$ 00
$ 385.00
$ 00
$ 385.00

10000002118

Uploaded by

Document Information

Original Description:

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

10000002118

Uploaded by

Copyright:

Available Formats

Page 1 of 6

MOTION FOR REIMBURSEMENT OF FEES

You might also like