This is Exhibit A. Remove This Page Before Binding

Transcription

1 FILED: NEW YORK COUNTY CLERK 06/11/ :22 PM INDEX NO /2007 NYSCEF DOC. NO. 255 RECEIVED NYSCEF: 06/11/2015 This is Exhibit A Remove This Page Before Binding

2 Exhibit 13 Affidavits of Leslie D. Corwin, Caroline J. Heller and Roy L. Reardon James L. Melcher. v. Greenburg Traurig, LLP and Leslie D. Corwin. Supreme Court of the State of New York, New York County, Index No /2007

3 Invoice No. : File No. Bill Date Februaty 11, 2004 R. Brandon Fradd, MD., C.F.A. Managing Director Apollo Medical Partners, L.P. 68 Jane Street, Suite 2E New York, New York INVOICE Legal Services through January 31, 2004: Total Fees: $ 19, Expenses: Facsimile Ch<~,rg!'s Photocopy Charges Information and Research Total Expenses: $ Other Credits Applied: Total Current Invoice: $ (19,509.11) 0.00 Retainer and On Account Funds Remaining: $ 5, LDC:AM Tax ID: GREENBERG TRAURI G, LLP 885 'rhjrd AVENUE NEW YORK, NEW YORK FAX AMSTERDi\l'vl ATLANTA BOCA. RATON BOSTON CHICAGO DENVER fort LAUDERDALE LOS ANGELES MIAMI NEW YORK NEW JERSEY ORLANDO PHILADELPHIA PHOENIX TALLAHASSEE TYSONSCORNER WASHINGTON, D.C. WESTPALMBEACJ-l WIUvUNGTON ZURICH CONFIDENTIAL GT 04471

4 Invoice No. : File No FOR YOUR CONVENIENCE, WIRING INSTRUCTIONS FOR GT FIRM ACCOUNT FOR FEES & COSTS ARE AS FOLLOWS: TO: ABA#: CREDIT TO: ACCOUNT#: CITIBANK, F. S.B GREENBERQTRA.URIG ACCOUNT PLEASE REFERENCE: CLIEN'J NAME: FI]_,E NUMBER: INVOICE NUMBER: AJ'TORNEY NAME: FRADD,R.B * Leslie D. Corwin * If paying mor~ t1}m one invoice, please reference all invoice nwnbers in wiring instructions. LDC:AM Tax ID: GREENBERG TRAURI G, LLP 885 THIRD AVENUE NEW YORK, NEW YORK FAX AMSTERDi\l'vl ATLANTA BOCA. RATON BOSTON CHICAGO DENVER fort LAUDERDALE LOS ANGELES MIAMI NEW YORK NEW JERSEY ORLANDO PHILADELPHIA PHOENIX TALLAHASSEE TYSONSCORNER WASHINGTON, D.C. WESTPALMBEACJ-l WIUvUNGTON ZURICH CONFIDENTIAL GT 04472

5 Invoice No.: Page 1 Matter No.: Description of Professional Services Rendered DATE TIMEKEEPER DESCRIPTION HOURS AMOUNT 12/31/03 Leslie D. Corwin Initial review of agreements, correspondence, s, etc.; open matter 01/05/04 Leslie D. Corwin Continued review ofdocuments; inter-office discussions; tic with client, etc.; review of Summons and Complaint 01/06/04 Leslie D. Corwin Inter-office discussions; meeting with client; continued review of documents; review from client; tic with Jack Govermale, etc. 01/06/04 Caroline J. Heller Meet with L. Corwin to discuss Complaint and initial case strategy. Read and analyze. Complaint. Research and analyze statute of limitations for breach of contract claim under Delaware law. Read and analyze Operating Agreement and accompanying papers submitted by client. 01/07/04 Leslie D. Corwin Review of memo and documents received from attorneys for Apollo; inter-office discussions re: strategy, etc. 01/07/04 Caroline J. Heller Read and analyze Complaint and consider possible motions to dismiss and counterclaims. Meet with L. Corwin to discuss strategy in response to Complaint. Read and analyze Complaint and documents submitted by client. Research, read, and analyze cases re statute of limitations for breach of contract and fiduciary duty under Delaware law, and elements of fraud under Delaware law. Begin to draft Motion to Dismiss. 01/08/04 Caroline J. Heller Research, read, and analyze cases remotions to dismiss breach of contract claims for violation of statute of limitations under Delaware law. Draft motion to dismiss. Analyze complaint. 01/09/04 Leslie D. Corwin Review of correspondence from client /09/04 Caroline J. Heller Read, and analyze cases re motions to dismiss breach of contract claim for violation of statute of limitations under Delaware law. Research, read, and analyze cases re motion to dismiss claims of fraud for failure to plead with particularity. 01/12/04 Leslie D. Corwin Review of various financial documents received from client; dictation, etc. 01/12/04 Caroline J. Heller Draft motion to dismiss. Research, read, and analyze cases re statute of limitations for breach of contract under Delaware law and when a cause of action for breach of contract accrues CONFIDENTIAL GT 04473

6 Invoice No.: Page 2 Matter No.: Description of Professional Services Rendered under Delaware law. Research, read and analyze cases re elements of fraud under Delaware law. Analyze Complaint re fraud cause of action. Research, read and analyze cases re whether New York Courts enforce choice of law provisions in contract. 01/13/04 Leslie D. Corwin Inter-office discussions re: research, strategy, etc.; tic with client; exchange of s with client; continued review of documents, etc. 01/13/04 Caroline J. Heller Meet with L. Corwin to discuss research for motion to dismiss and case strategy. Phone nieeting with K. Reese in Delaware office re motion to dismiss and case strategy. Read, analyze, and inventory financial statements and other documents sent by client. 01/13/04 Cathy L. Reese Call from I to C. Heller regarding action involving dispute among managing members of Delaware LLC. 01/14/04 Leslie D. Corwin from client /14/04 Caroline J. Heller Review scanned Operating Agreement and Complaint. Complaint and Operating Agreement to Delaware office. 01/14/04 Cathy L. Reese s from C. Heller with complaint and operating agreement. Review these and forward to K. Herring with assignment. Communications with K. Herring regarding bases for dismissal regarding action involving dispute among managing members of Delaware LLC. 01/15/04 Cathy L. Reese to K. Herring regarding operating agreement. 01/16/04 Leslie D. Corwin tic with Alan Gettner, attorney for Melcher; tic with client 01/16/04 Cathy L. Reese Conference with K. Herring regarding research /21/04 Leslie D. Corwin Review of and proposed letter; tic with client 01/26/04 Leslie D. Corwin tic with client; preparation for meeting; inter office discussions, etc. 01/26/04 Caroline J. Heller Phone call with L. Corwin re case update /27/04 Leslie D. Corwin Meeting with client; and counsel; meeting with client; review of Amended Complaint; review of correspondence from attorney for Melcher; dictation; inter-office discussions, etc. 01/27/04 Caroline J. Heller Phone call with L. Corwin re case update /28/04 Leslie D. Corwin tic with client; inter-office discussions; t/c with Jack Governale, etc. 01/28/04 Caroline J. Heller Meet with L. Corwin re case update and motion CONFIDENTIAL GT 04474

7 Invoice No.: Page 3 Matter No.: Description of Professional Services Rendered 01/29104 Leslie D. Corwin Ol/29104 Caroline J. Heller Ol/29104 Kelly Herring Ol/29104 Cathy L. Reese Ol/30104 Caroline J. Heller Ol/30104 Cathy L. Reese Ol/31/04 Leslie D. Corwin to dismiss. Draft motion to dismiss. Inter-office discussions; review of doruments; research, etc. Research standards for motion to dismiss. Consult with DE counsel. read and analyze amended complaint Draft memo oflaw in support of motion to dismiss. Research, read and analyze case law re fraud claim. Review Complaint and LLC Operating Agreement; analysis of defenses to claims s from I to C. Heller and K. Herring regarding complaint and response. Review complaint. Read and analyze case law re speculative damages under Delaware law. s from I to C. Heller and K. Herring regarding status and motion to dismiss. Review offile; prepare for meeting with Governale, etc Total Time: Total Fees: $ 19, CONFIDENTIAL GT 04475

8 Invoice No.: Page 4 Matter No.: Description of Expenses Billed 01/08/04 Westlaw Research by HELLER,CAROLINE. $ /12/04 Westlaw Research by HELLER,CAROLINE, $ /21/04 Facsimile; ,4 Page(s) by 3933 $ /27/04 Facsimile; , 4 Page(s) by 3933 $ /27/04 Copy; 91 Page(s) by 8892 $ /27/04 Copy; 16 Page(s) by 3113 $ 2.40 Total Expenses: $ CONFIDENTIAL GT 04476

9 Exhibit 77 Affidavits of Leslie D. Corwin, Caroline J. Heller and Roy L. Reardon James L. Melcher. v. Greenburg Traurig, LLP and Leslie D. Corwin. Supreme Court of the State of New York, New York County, Index No /2007

10 Invoice No.: FileNo Bill Date November 11, 2004 R. Brandon Fradd, M.D., C.P.A. Managing Director Apollo Medical Partners, L.P. 68 Jane Street, Suite 2E New York, New York INVOICE Legal Services through October 31, 2004: Total Fees: $ 27, Expenses: Facsimile Charges Messenger Services Photocopy Charges Postage Telephone Expenses Information and Research Total Expenses: $ Total Current Invoice: $ 28, LDC:AM Tax ID: Greenberg Traurig, LLP 1 Attorneys at Law Third Avenue 1 New York, New York I Tel Fax CONFIDENTIAL GT 04522

11 Invoice No.: FileNo FOR YOUR CONVENIENCE, WIRING INSTRUCTIONS FOR GT FIRM ACCOUNT FOR FEES & COSTS ARE AS FOlLOWS: TO: ABA#: CREDIT TO: ACCOUNT#: CITIBANK, F.S.~: GREENBERGIRAURIG ACCOUNT PLEASE REFERENCE: CLIE~T NAME: FILE NUMBER: INVOICE NUMBER: RILLING frofessional: FRADD,R.B * Leslie D. Corwin * If paying more than one invoice, please reference all invoice numbers in wiring instructions. LDC:AM Tax ID: Greenberg Traurig, LLP 1 Attorneys at Law Third Avenue 1 New York, New York I Tel Fax CONFIDENTIAL GT 04523

12 Invoice No.: Matter No.: Page 1 Description of Professional Services Rendered: DATE TIMEKEEPER DESCRIPTION HOURS AMOUNT 10/01/04 Leslie D. Corwin Letter to Jack Governale; inter-office discussions; work on Answer and Counter Claims, etc. 10/01/04 Caroline J. Heller Write letter to J. Governale re review of B. Fradd/ Apollo Partners's files at KMZ Rosenman. Meet with L Corwin reletter to J. Governale. Read and review s and notes of meetings and conversations between GT and J. Governale re location and review of files of B. Fradd/ Apollo Partners. 10/02/04 Caroline J. Heller Write and edit answer and counterclaims. Read and analyze documents from client. 10/03/04 Caroline J. Heller Write and edit answer and affirmative defenses and counter claims. Read and review affidavits of B. Fradd from motion to dismiss for counterclaim. 10/04/04 Leslie D. Corwin tic with client; inter-office discussions 10/04/04 Caroline J. Heller Write and edit answer, affirmative defenses and counterclaims to plaintiffs second affirmative complaint. Read and analyze documents sent by client. Communicate with client re documents. Copy documents for L. Corwin. 10/05/04 Leslie D. Corwin Review of documents from client; inter-office discussions; work on Answer and Counterclaims 10/05/04 Caroline J. Heller Write and edit answer, affirmative defenses, and counterclaims and review and analyze second amended complaint. Review from client. 10/06/04 Leslie D. Corwin Work on Answer and Counter-Claims; inter-office discussions; review of documents; research Commission to Beckwith 10/06/04 Caroline J. Heller Research New York rules for subpoenaing an out of state witness and method for obtaining and open commission from a New York State Court. Research method for obtaining open commission from New York Court. Write notice for taking oral deposition of Plaintiff. Discuss strategy regarding subpoena of out of state witness and open commission. Research Vermont attorney to assist obtaining subpoena pursuant to a new York open commission. Discuss issues regarding dissolution with Delaware counsel. Review answer and counterclaims. 10/06/04 Kelly Herring Phone C. Heller re answer and dissolution issues; message C. Reese re same. 10/06/04 Titania R. Mack Research re: money had and received by Fradd and constructive trust claims. 10/06/04 Cathy L. Reese from K. Herring regardng amendments to Melcher complaint and resulting issues. to T. Mack regarding same CONFIDENTIAL GT 04524

13 Invoice No.: Page 2 Matter No.: Description of Professional Services Rendered 10/07/04 Leslie D. Corwin Letter to Governale; inter-office discussions, etc /07/04 Caroline J. Heller Discuss meeting at KMZRosemnan with L Corwin. Write and edit first notice for discovery and inspection. Read and review documents sent by client. Read and review second amended complaint. 10/07/04 Kelly Herring Meeting T. Mack re response to plaintiffs dissolution claim. 10/07/04 Titania R. Mack Research re: dissolution and new claims added to plaintiffs second amended complaint. 10/07/04 Titania R. Mack Research re: dissolution and new claims added to plaintiffs second amended complaint; draft memo re: same. 10/07/04 Titania R. Mack Research re: dissolution and new claims added to plaintiffs second amended complaint; draft memo re: same. 10/07/04 Cathy L. Reese Review amended complaint. Conference with T Mack regarding amended claims and analysis. 10/08/04 Leslie D. Corwin Inter-office discussions; work on Answers and Counter Claims; review of internal Memorandum; tic with Jack Governale, etc. 10/08/04 Caroline J. Heller Meet with L.Corwin re answer, affirmative defenses and counterclaim. Edit and write answer, affirmative defenses, and counterclaim. Read and review open commission and subpoena from other case. Send L. Corwin list of Vermont attorneys. Phone call with C. Reese in Delaware office re dissolution issue. Phone call with B. Fradd re dissolution issue. Read and analyze memo from Wilmington attorneys reanalysis of new claims and dissolution issue. Write and edit first notice for discovery and inspection. 10/08/04 Cathy L. Reese Review memo from T. Mack analyzing amended claims. Call from C. Heller regarding same. 10/09/04 Caroline J. Heller Write and edit first notice for discovery and inspection. Write and edit answer, affirmative defenses, and counterclaim. Review second amended complaint and Fradd's prior affidavits. Review client's notes. 10/10/04 Caroline J. Heller Review B. Fradd's suggestions RE document production. Edit answer and counterclaim. Edit Defendants first notice inspection and production of documents. 10/11/04 Leslie D. Corwin Work on Answer and Counterclaim, Notice of Depsoition, First Request for Documents and Information and Commission to Beckwith; interoffice discussions; review of internal Memorandum; research, etc. CONFIDENTIAL GT 04525

14 Invoice No.: Page 3 Matter No.: Description of Professional Services Rendered 10/11/04 Caroline J. Heller Meet with J. Governale. Review files of Apollo Partners and N. Fradd at KMZR. Write and edit answer, counterclaims, and affirmative defenses. Write and edit first notice for discovery and inspection. Review affidavits of B. Fradd. Review and analyze second amended complaint. review and analyze first amended complaint. Review and analyze complaint. Edit first notice for discovery and inspection. Meet with L. Corwin re answer, counterclaims, and affirmative defenses. 10/12/04 Leslie D. Corwin Work on Answer and Counterclaims and First Request for Documents and Information; interoffice discussions 10/12/04 Caroline J. Heller Talk to L. Corwin re request for documents, strategy re witnesses. Talk to B. Fradd re request for documents. Edit first notice for discovery and inspection. Phone call with witness. Phone call with J. Governale. 10/13/04 Leslie D. Corwin Finalize and serve Answer and Counterclaim and Discovery Requests; inter-office discussions; prepare for Pre-Trial Conference 10/13/04 Caroline J. Heller Meet with L. Corwin re edit to answer, affirmative defenses, and counterclaim and first notice for discovery and inspection and notice of oral deposition. Edit answer, affirmative defenses, and counterclaim and first notice for discovery and inspection. Prepare answer, affirmative defenses, and counterclaim and first notice for discovery and inspection and notice for deposition for filing. telephone call with T. Zonay. Telephone call with witness. prepare copies of pleadings and discovery notices for L. Corwin and B. Fradd. Write letter to out -of-state witness. Edit and prepare open commission. Copy and send documents to T. Zonay in reparation for open commission. 10/14/04 Leslie D. Corwin Appearance in Supreme Court, New York County; inter-office discussions, etc. 10/14/04 Caroline J. Heller Write letter to out-of-state witness. Meet with Corwin. Discuss hearing with L. Corwin. Review documents in preparation for deposition of Plaintiff. 10/15/04 Leslie D. Corwin Inter-office discussions; tic with Wolf Block re: documents 10/18/04 Leslie D. Corwin Review of from plaintiffs attorney; inter office discussions; status report to client 10/19/04 Leslie D. Corwin tic with client; inter-office discussions, etc /19/04 Caroline J. Heller Phone call with B. Fradd /20/04 Leslie D. Corwin tic with client; inter-office discussions, etc /22/04 Leslie D. Corwin Inter-office discussions re: scheduling, etc /22/04 Caroline J. Heller Prepare deposition outline of Plaintiff CONFIDENTIAL GT 04526

15 Invoice No.: Page 4 Matter No.: Description of Professional Services Rendered 10/25/04 Leslie D. Corwin Inter-office discussions /25/04 Caroline J. Heller Draft second request for production of documents /26/04 Leslie D. Corwin Review of Melcher's Notice of Appeal; work on Second Notice for Discovery and Inspection; interoffice discussions; dictation, etc. 10/26/04 Caroline J. Heller Edit second notice for discovery and inspection Meet with L. Corwin re second notice for discovery and inspection. Communicate with B. Fradd re Second Notice for Discovery and Inspection. Read and review Plaintiffs notice for appeal. Write letter to J. Jannuzzo re adjourmnent of deposition. 10/27/04 Leslie D. Corwin Work on and serve 2nd Request for Documents and Information; t/c with client; inter-office discussions 10/27/04 Caroline J. Heller Serve Second Notice for Discovery and Inspection on J. Jannuzzo. Edit letter to J. Jannuzzo re adjourmnent of deposition. Phone call with B. Fradd. Communications with J. Jannuzzo re adjourmnent of deposition and electronic version of discovery request. 10/28/04 Caroline J. Heller Phone call with T. Zonay re subpoena for out of state witness 10/29/04 Leslie D. Corwin Review of Plaintiffs First Document Demand; Interrogatories and Notice ofdeposition; interoffice discussions 10/29/04 Caroline J. Heller Phone call with B. Fradd. Review Plaintiffs demand for documents and interrogatories to defendants. Send documents demands to B. Fradd. 10/30/04 Caroline J. Heller Review Defendants motion to dismiss. Draft notice of cross-appeal pre-argument statement. 10/31/04 Caroline J. Heller Draft pre-argument statement for notice of cross appeal. Total Time: Total Fees: $27, CONFIDENTIAL GT 04527

16 Invoice No.: Matter No.: Page 5 Description of Expenses Billed: DATE DESCRIPTION AMOUNT 09/28/04 Messenger from 885 3rd Ave/68 Jane St. VENDOR: LASERSHIP, INC.- I; INVOICE#: ; DATE: 9/30/ J.O'Malley- Acct # Messenger Service for 885 3rd Ave. Billing period 9/16/04 to 9/30/04. 09/28/04 Messenger from 885 3rd Ave/525 Madison Ave. VENDOR: LASERSHIP, INC.- I; INVOICE#: ; DATE: 9/30/ J.O'Malley- Acct # Messenger Service for 885 3rd Ave. Billing period 9/16/04 to 9/30/04. 10/01/04 Copy; 14 Page(s) by /04/04 Copy; 20 Page(s) by /07/04 Copy; 7 Page(s) by /07/04 Westlaw Research by MACK, TITANIA R. 10/07/04 Westlaw Research by MACK, TITANIA R. 10/12/04 Facsimile; , 15 Page(s) by /12/04 Facsimile; ,6 Page(s) by /12/04 Copy; 2 Page(s) by /12/04 Copy; 2 Page(s) by /12/04 Telephone; from Ext CAMBRIDGE MA 10/13/04 Copy; 186 Page(s) by /13/04 Copy; 5 Page(s) by /13/04 Copy; 117 Page(s) by /13/04 Copy; 5 Page(s) by /13/04 Copy; 44 Page(s) by /13/04 Copy; 3 Page(s) by /13/04 Postage by /13/04 Telephone; from Ext SOLONDNDRY VT 10/18/04 Copy; 12 Page(s) by /26/04 Copy; 71 Page(s) by /27/04 Facsimile; ,2 Page(s) by /27/04 Facsimile; , 2 Page(s) by /27/04 Copy; 8 Page(s) by /27/04 Copy; 25 Page(s) by /27/04 Copy; 40 Page(s) by /29/04 Copy; 4 Page(s) by 2165 Total Expenses: $ 8.95 $ $ 2.10 $ 3.00 $ 1.05 $ $ $ $ 6.00 $ 0.30 $ 0.30 $ 0.32 $ $ 0.75 $ $ 0.75 $ 6.60 $ 0.45 $ 1.98 $ 0.08 $ 1.80 $ $ 2.00 $ 2.00 $ 1.20 $ 3.75 $ 6.00 $ 0.60 $ CONFIDENTIAL GT 04528