I. BACKGROUND

6 A. The Court’s Order 7 On October 29, 2024, the Court granted the Plaintiff’s motion to compel in full, “except 8 insofar as Defendants ha[d] not waived objections based on attorney client privilege or work 9 product regarding any documents filed since the commencement of this action on June 18, 2021.” 10 (ECF No. 101 at 4). The Defendants were ordered that “[b]y no later than thirty (30) days from 11 the date of [the] order, [they] must produce: (1) the requested documents, and (2) a privilege log, 12 if any, reflecting privileged document post-dating the commencement of this action on June 18, 13 2021.” (Id.). Plaintiff was ordered to “file a statement identifying reasonable expenses, including 14 attorney fees, that they incurred in filing the motion to compel” no later than November 7, 2024. 15 (Id.). It was also notified that “[the] statement should not include fees and costs related to Rule 16 30(b)(6) depositions or meet and confer efforts, such as discussions leading to the stipulation at 17 ECF No. 81, but it may include fees and costs related to the October 24, 2024, hearing.” (Id.). 18 Defendants were told that they may “file any objections to Plaintiff’s statement of expenses 19 within seven (7) days of the filing of Plaintiff’s statement. Objections are limited only to the 20 amount(s) claimed by Plaintiff and/or to specific line items [they] believe are unrelated to the 21 motion to compel.” (Id. at 4-5). 22 The amount of fees is now ripe and before the Court. 23 B. Declaration On November 4, 2024, Plaintiff filed a Declaration stating that it “originally sought 24 $32,502.00 in estimated fees and costs associated with preparing for and bringing its Motion. 25 After review of [its] legal invoices, [it] has incurred $29,129.50 in attorneys’ fees relating to the 26 Motion to Compel Production of Documents.” (ECF No. 102 at 2) (emphasis in original). 27 Plaintiff says that it paid the following invoices for attorneys’ fees related to the motion to 28 1 compel: 2 • Exhibit 1 - August 5, 2024, Invoice 33439089: $24,536.00 3 • Exhibit 2 - September 6, 2024, Invoice 33461928: $2,338.50 4 • Exhibit 3 – October 3, 2024, Invoice 33483660: $2,255.00 (Id. at 3).1 5 Plaintiff further states that: 6 This amount is conservative and does not include the time Holland & Knight spent 7 preparing for and attending the hearing on October 24, 2024. Foundation also does not seek fees for split time entries. Several entries, in the attached invoices, include 8 work for matters both related and unrelated to the Motion to Compel Production. In strict compliance with the Court’s Order, Foundation does not seek any fees for 9 these split entries and the below entries are not included in Foundation’s request for 10 sanctions: • July 9, 2024, David I. Holtzman totaling $1,640.00 - Exhibit 1. 11 • July 13, 2024, David I. Holtzman totaling $1,537.50 - Exhibit 1. 12 • July 23, 2024, David I. Holtzman totaling $512.50 - Exhibit 1. 13 (Id. at 2) (emphasis in original). 14 The Declaration also provides that “[t]he hourly rates of the [five] attorneys who worked 15 on this matter are: 16 • Associate Isabella Granucci: $630.00 17 • Associate Ana Dragojevic: $725.00 18 • Associate Andrew Klair: $775.00 19 • Partner Daniel P. Kappes: $1,025.00 20 • Partner David I. Holtzman: $1,025.00 21 (Id. at 3). 22 C. Opposition 23 On November 11, 2024, Defendants filed a response in opposition to the Declaration. 24 (ECF No. 103). They argue that “Plaintiff has submitted three heavily redacted invoices totaling 25 an astronomical $29,129.50 – for what amounts to nothing more than a boilerplate motion to 26 compel document production. The sheer extravagance of deploying three associates and two

27 1 Plaintiff also says that “[i]nvoices have not been issued for work done after September 24, 2024, and those costs are not sought here, like the fees incurred attending the Motion hearing.” (ECF No. 2 at 28 3). 1 partners to prepare what should have been a straightforward motion defies logic and reason.” 2 (Id. at 5). They further argue that “[t]he requested fees are patently excessive, blatantly 3 duplicative, critically lacking in detail within their billing descriptions, and fundamentally 4 unreasonable under the Court’s clear directive.” (Id.). Defendants also assert “[t]he use of block billing alone raises serious concerns, but when 5 combined with the unnecessary staffing of five attorneys – three associates and two partners – for 6 a routine motion to compel, it reveals a pattern of systematic inefficiency and egregious 7 overbilling at Defendants’ expense.” (Id. at 5-6). Defendants ask that the Court “to subject these 8 invoices to the most exacting scrutiny possible” and “to exercise its discretion by dramatically 9 reducing these inflated fees to ensure strict compliance with both established legal standards and 10 the Court's previous order.” (Id. at 6). 11 Furthermore, Defendants point out that “the actual sum of these invoices . . . amounts to 12 $32,819.50 – an unexplained discrepancy.” (Id. at 8). 13 Additionally, Defendants make several specific objections to Plaintiff’s various billing 14 entries. Defendants object to Plaintiff’s billing entries that relate to conversations regarding 15 settlement with the Intervenor Plaintiff. (Id. at 9-11). Defendants also point out that a portion of 16 Isabella Granucci’s 7/10/24 billable entry pertains to research on the issue of damages, which is 17 not related to the motion to compel. (Id. at 11). They further argue that certain portions of the 18 bill are redacted, making the entries vague. (Id. at 12). Finally, Defendants argue that Plaintiff 19 wrongfully submitted the bill of its counsels’ meet and confer efforts. (Id. at 13). 20 D. Reply 21 On November 11, 2024, Plaintiff filed a reply. (ECF No. 104). Plaintiff first asserts that 22 the discrepancy between the total amount of the invoices ($32,819.50) versus the total amount 23 requested ($29,129.50) “is neither unexplained nor egregious.” (Id. at 2). Plaintiff explains that it “does not seek fees for split time entries” and that “[i]n strict compliance with the Court’s 24 Order, Foundation does not seek any fees for these split entries.” (Id. at 2 (citing ECF No. 102 at 25 4)). 26 Plaintiff also replies that its “legal team relating to this motion consisted of only two 27 partners and two associates (one of whom has only a single time entry) Ms. Dragojevic is listed 28 1 on the invoices as participating in the case, but has no time related to the Motion to Compel. Mr. 2 Klair has a single time entry for 1.4 hours.” (Id. at 2-3). 3 II. LEGAL STANDARDS 4 Rule 37 permits “a party seeking discovery [to] move for an order compelling an answer, designation, production, or inspection,” among other options, if “a party fails to produce 5 documents . . . as requested under Rule 34.” Fed. R. Civ. P. 37(a)(3)(B)(iv). Rule 37(a)(5)(A) 6 generally provides that if a motion to compel discovery is granted (or if disclosure or discovery is 7 provided after filing the motion), then “the court must, after giving an opportunity to be heard, 8 require the party or deponent whose conduct necessitated the motion, the party or attorney 9 advising that conduct, or both to pay the movant’s reasonable expenses incurred in making the 10 motion, including attorney’s fees.” Fed. R. Civ. P. 37(a)(5)(A). 11 The fee applicant bears a burden to establish that the requested rates are commensurate 12 “with those prevailing in the community for similar services by lawyers of reasonably comparable 13 skill, experience, and reputation.” Blum v. Stenson, 465 U.S. 886, 895 n.11 (1984). An applicant 14 meets this burden by producing “satisfactory evidence—in addition to the attorney’s own 15 affidavits— that the requested rates are in line with those prevailing in the community for similar 16 services by lawyers of reasonably comparable skill, experience and reputation.” Id.; see 17 also Chaudhry v. City of L.A., 751 F.3d 1096, 1110-11 (9th Cir. 2014) (“Affidavits of the 18 plaintiffs’ attorney[s] and other attorneys regarding prevailing fees in the community ... are 19 satisfactory evidence of the prevailing market rate.”). “Though affidavits provide satisfactory 20 evidence of the prevailing market rate, they are not conclusive.” Camacho v. Bridgeport Fin., 21 Inc., 523 F.3d 973, 980 (9th Cir. 2008). Courts rely on their own familiarity with the market in 22 the district where the court sits. Ingram v. Oroudjian, 647 F.3d 925, 928 (2011); see 23 also Gonzalez v. City of Maywood, 729 F.3d 1196, 1205 (9th Cir. 2013) (“Generally, when determining a reasonable hourly rate, the relevant community is the forum in which the district 24 court sits.”) (quoting Prison Legal News v. Schwarzenegger, 608 F.3d 446, 454 (9th Cir. 2010)). 25

III. ANALYSIS

26 The Court now addresses each of the issues raised by Defendants in order to determine the 27 reasonable amount of fees owed to Plaintiff. 28 1 A. Bill Discrepancy 2 Defendants assert that “the actual sum of these invoices . . . amounts to $32,819.50 – an 3 unexplained discrepancy” from the total Plaintiff seeks, which is $29,129.50. (Id. at 8). Plaintiff 4 explains that it “does not seek fees for split time entries” and that “[i]n strict compliance with the 5 Court’s Order, Foundation does not seek any fees for these split entries.” (Id. at 2 (citing ECF 6 No. 102 at 4)). In its Declaration, Plaintiff specifically said that it does not seek fees for the 7 following entries: 8 • July 9, 2024, David I. Holtzman totaling $1,640.00 - Exhibit 1. 9 • July 13, 2024, David I. Holtzman totaling $1,537.50 - Exhibit 1. 10 • July 23, 2024, David I. Holtzman totaling $512.50 - Exhibit 1. 11 (ECF No. 102 at 2) (emphasis in original). Based on the Court’s calculation, Plaintiff is correct that the total for all the invoices is 12 $29,129.50. ($32,819.50 for all the provided invoices minus three entries—David I. Holtzman’s 13 July 9, 2024 entry totaling $1,640.00; his July 13, 2024 entry totaling $1,537.50; and his July 23, 14 2024, totaling $512.50 equates to $29,129.50). Accordingly, the Court finds that there is no 15 discrepancy. 16 B. Specific Objections 17 1. The 7/2/24 and 7/9/24 entries by David Holtzman 18 Defendants object to “[t]he entry on 7/2/24 by David Holtzman [which] includes 1.2 hours 19 for: ‘Discussion with other attorneys regarding motion to compel; begin outline of same; begin 20 research in support of same; correspond with intervenor regarding settlement and motion to 21 compel.’” (Id. at 9). Setting aside Defendants’ objections to the block billing (discussed below), 22 Defendants argue that “[i]t is, nevertheless, clear that corresponding with intervenor is not related 23 to the preparation of the motion to compel.” (Id. at 9-10). 24 Similarly, Defendants object to the entry on 7/9/24 by David Holtzman includes “1.6 25 hours for: ‘[Redacted entry]; telephone call with other attorney regarding same and motion to 26 compel; review and revise motion to compel; telephone call with other attorney regarding 27 revisions and requirements of local rules; review Order from Court setting settlement 28 conference.’” (Id.). Defendants argue that the invoice “includes irrelevant entries referencing a 1 review of the Court Order related to setting a settlement conference – tasks wholly unrelated to 2 the motion to compel.” (Id. at 10-11). 3 Plaintiff does not reply to either of Defendants’ objections regarding its billing for 4 conversations with the Intervenor Plaintiff. (See generally ECF No. 104). However, Plaintiff did state in its original Declaration that it is not seeking fees for the July 9, 2024 entry by David 5 Holtzman. (ECF No. 102 at 2). Therefore, because Plaintiff is not seeking attorneys’ fees for 6 David Holtzman’s July 9 entry, the Court finds no deduction is warranted. 7 Turning now to the Defendants’ objection to David Holtzman’s July 2 billable entry, the 8 Court agrees that Plaintiff’s discussion with Intervenor Plaintiff regarding a settlement does not 9 relate to the motion to compel. Consequently, the Court will deduct .2 hours from David 10 Holtzman’s July 2 billable entry, and the total time for this billable entry will be calculated as one 11 (1) hour. 12 2. The 7/10/24 entry by Isabella Granucci 13 Defendants object to the entry for 7/10/24 by Isabella Granucci that “includes 1.4 hours 14 for: ‘Proofread and revise discovery motion and declaration; research and analyze case law re 15 financial records being used to prove damages; confer with A. Klair re exhibits for discovery 16 motion.’” (ECF No. 103 at 11). Defendants point out that the entry “includes time for legal 17 research and case law analysis regarding financial records used to prove damages – a task 18 explicitly outside the scope permitted by the Court’s Order.” (Id.). 19 The Court agrees that the time billed for legal research on the issue of damages is outside 20 the scope of the motion to compel. Accordingly, the Court will reduce Isabella Granucci’s July 21 10 entry by one-half (.5) hour. The Court will calculate this billable entry as .9 hours. 22 3. The 7/13/24 entry by David Holtzman 23 Defendants object to David Holtzman’s July 13, 2024 billable entry that includes 1.5 hours for: “[Redacted] review final motion for leave to file and motion to compel; [Redacted].” 24 (Id. at 12). Defendants argue that “[s]pending this amount of time merely to review a finalized 25 motion is plainly excessive and unjustified.” (Id.). Defendants also assert that “[t]his entry lacks 26 any meaningful detail and appears inflated, warranting an immediate reduction. Such overbilling 27 is unreasonable and should not be permitted.” (Id.). 28 1 In its Declaration, Plaintiff said that it is not seeking fees for the July 13, 2024 entry by 2 David Holtzman. (ECF No. 102 at 2). 3 Because Plaintiff is not seeking attorneys’ fees for this entry, the Court finds no deduction 4 is warranted. 5 4. The 7/26/24 entry by Dan Kappes 6 Defendants object to this entry which “includes .8 hours for: ‘Review Wilson opposition 7 to motion to compel and sanctions, call D. Holtzman, compare argument against stipulation, and 8 counsel declaration in support of same.’” (ECF No. 103 at 13). Defendants argue that “this entry 9 blatantly disregards the Court’s Order, which excludes billing for meet and confer efforts related 10 to the stipulation.” (Id.). 11 The Court’s October 29 order specifically stated that the Plaintiff’s statement of fees “should not include fees and costs related to Rule 30(b)(6) depositions or meet and confer efforts, 12 such as discussions leading to the stipulation at ECF No. 81, but it may include fees and costs 13 related to the October 24, 2024, hearing.” (ECF No. 101 at 4). Hence, the Court did not prohibit 14 recovery for any activity related to the stipulation—instead, the Court ordered that Plaintiff could 15 not recover for specific efforts to meet with Defendants leading to the joint stipulation. 16 Therefore, the Court will not deduct fees for this reason. 17 C. Block Billing 18 Defendants repeatedly object to different billable entries based on the use of block billing. 19 (See generally ECF No. 103). 20 “Block billing is ‘the time-keeping method by which each lawyer and legal assistant 21 enters the total daily time spent working on a case, rather than itemizing the time expended on 22 specific tasks.’” Welch v. Metro Life Ins. Co., 480 F.3d 942, 945 n.2 (9th Cir. 2007) 23 (quoting Harolds Stores, Inc. v. Dillard Dep’t Stores, Inc., 82 F.3d 1533, 1554 n. 15 (10th Cir 24 1996)). 25 Here, nearly all of Plaintiff’s time entries that are submitted for recovery are block billed, 26 in that they do not indicate specific time per each specific task. However, the Court disagrees that 27 the use of block billing alone renders the entries unreasonable. Plaintiff has represented that all 28 the work in these entries concerned the motion to compel and are recoverable under the Court’s 1 order. Moreover, Defendants have not presented any reasoned argument as to why any entry, 2 whether individual or combined, is unreasonable in the amount of time spent. The Court has also 3 generally reviewed the content of the entries and does not find that they are unreasonable. See 4 Mozingo v. Oil States Energy Servs., No. CV 15-529, 2018 U.S. Dist. LEXIS 158780, at *29 5 (W.D. Pa. Sept. 18, 2018) (“A court may accept a block billed entry ‘if there is a reasonable 6 correlation between the various activities listed in a block and the time spent completing those 7 tasks.’”) (citation omitted). 8 Therefore, the Court declines to reduce Plaintiff’s billable hours merely because the 9 entries were block billed. 10 D. Number of Attorneys 11 The Court has also considered Defendants’ objection that five attorneys participated in the motion to compel. Specifically, Defendants argues that “the sheer extravagance of deploying 12 three associates and two partners to prepare what should have been a straightforward motion 13 defies logic and reason.” (ECF No. 103 at 5) (emphasis omitted). 14 Plaintiff replies that its “legal team relating to this motion consisted of only two partners 15 and two associates (one of whom has only a single time entry) Ms. Dragojevic is listed on the 16 invoices as participating in the case, but has no time related to the Motion to Compel. Mr. Klair 17 has a single time entry for 1.4 hours.” (ECF No. 104 at 2-3). 18 “The fee applicant bears the burden of documenting the appropriate hours expended in the 19 litigation and must submit evidence in support of those hours worked.” Welch, 480 F.3d at 948 20 (citing Gates v. Deukmejian, 987 F.2d 1392, 1397 (9th Cir. 1992)). A court may reduce the 21 amount of requested fees if it provides an adequate explanation for its fee calculation. Ryan v. 22 Editions Ltd. W. Inc., 786 F.3d 754, 763 (9th Cir. 2015). Additionally, where five or more 23 attorneys worked on a straightforward task, courts have been known to reduce the hours worked 24 by counsel. Democratic Party of Wash. State v. Reed, 388 F.3d 1281, 1286 (9th Cir. 2004) 25 (“[C]ourts ought to examine with skepticism claims that several lawyers were needed to perform 26 a task, and should deny compensation for such needless duplication as when three lawyers appear 27 for a hearing when one would do.”). 28 1 The use of multiple attorneys does not necessarily render the fees unreasonable. 2 However, it does call into question whether attorneys are billing for duplicate tasks. 3 The Court has reviewed the bills and finds that some reduction is warranted for this 4 reason. Although Plaintiff submits that “Mr. Klair has a single time entry for 1.4 hours,” Andrew 5 Klair actually has three entries related to the motion to compel: an entry on 7/9/24 for .6 hours, an 6 entry on 8/1/24 for 1.4 hours, and an entry 9/20/24 for .5 hours. (ECF No. 102 at 7, 15, 22). 7 Therefore, it is fair to say that two partners and two associates were involved with the motion to 8 compel. Additionally, the Court notes that multiple partners were involved with the motion to 9 compel at a time, sometimes billing for working on the same task in a single day. See id. at 10 10 (two partners working on the reply for the motion to compel); ECF No 102 at 22 (two attorneys 11 reviewing the same order by the Court); id. at 7-8 (four different attorneys working on a draft of the motion to compel). 12 While Plaintiff may choose to utilize multiple attorneys to do the work necessary for such 13 a motion, it is unreasonable to make Defendants pay for each of these attorneys to review each 14 material. See Reed, 388 F.3d at 1286. Thus, the Court believes that an adjustment to all fees is 15 warranted for this reason. Therefore, the Court will impose a reduction of 25% on the total fees 16 to account for this issue. 17 E. Reasonable Hourly Rate 18 Plaintiff’s counsel seeks attorneys’ fees of $630.00 for Associate Isabella Granucci; 19 $725.00 for Associate Ana Dragojevic; $775.00 for Associate Andrew Klair; $1,025.00 for 20 Partner Daniel P. Kappes; and $1,025.00 for Partner David I. Holtzman. (ECF No. 102 at 3). 21 Reasonable attorneys’ fees are generally calculated based on the traditional “lodestar” 22 method. Camacho v. Bridgeport Financial, Inc., 523 F.3d 973, 978 (9th Cir. 2008). “The 23 ‘lodestar’ is calculated by multiplying the number of hours the prevailing party reasonably 24 expended on the litigation by a reasonable hourly rate.” Morales v. City of San Rafael, 96 F.3d 25 359, 363 (9th Cir. 1996), opinion amended on denial of reh’g, 108 F.3d 981 (9th Cir. 1997). 26 “Generally, when determining a reasonable hourly rate, the relevant community is the forum in 27 which the district court sits.” Camacho v. Bridgeport Fin., Inc., 523 F.3d 973, 979 (9th Cir. 28 2008). Here, that is the Fresno Division of the Eastern District of California. Beard v. Cnty. of 1 Stanislaus, No. 1:21-CV-00841-ADA-SAB, 2023 U.S. Dist. LEXIS 8129, at *38 (E.D. Cal. Jan. 2 17, 2023) (“The lodestar amount is to be determined based upon the prevailing market rate in the 3 relevant community, which in this matter is the Fresno Division of the Eastern District of 4 California.”) (internal citation omitted). 5 Plaintiff’s requested hourly rates of $630.00, $725.00, and $1025.00 are not reasonable for 6 the relevant community. (See ECF No. 102). Hourly rates for attorney fees awarded in the 7 Eastern District of California range from $200 to $750, with hourly rates exceeding $600 reserved 8 for attorneys who have been practicing approximately 30 years. See, e.g., Cianchetta v. BMW of 9 N. Am., No. 2:20-cv-00241-KJM-JDP, 2022 U.S. Dist. LEXIS 106771, at *14 (E.D. Cal. Jun. 13, 10 2022) (reducing the hourly rate for attorneys in their first year of practice to $200); Seebach v. 11 BMW of N. Am., LLC, No. 2:18-cv-00109-KJM AC, 2020 U.S. Dist. LEXIS 152330, at *8 (E.D. Cal. Aug. 21, 2020) (awarding the hourly rates of $200 for an attorney who had been admitted to 12 practice less than two years, and $505 for an attorney “with roughly 20 years of experience” in 13 2020); Siafarikas v. Mercedes-Benz USA, LLC, No. 2:20-cv-01784-JAM-AC, 2022 U.S. Dist. 14 LEXIS 206020, at *8 (E.D. Cal. Nov. 10, 2022) (approving the hourly rate of $250 for an 15 attorney “who has practiced law for three years” and $500 for an attorney who had practiced law 16 for 21 years). 17 Therefore, the Court will reduce Plaintiff’s counsels’ rates as follows: 18 • Associate Isabella Granucci: $300.00 per hour 19 • Associate Ana Dragojevic: $375.00 per hour 20 • Associate Andrew Klair: $375.00 per hour 21 • Partner Daniel P. Kappes: $650.00 per hour 22 • Partner David I. Holtzman: $650.00 per hour 23 The total calculation of billable entries is added up in the document attached to this 24 order.2 25 \\\ 26

27 2 The Court is attaching to this order a statement of all entries and how the court applied the adjustments set forth. 28 1 | IV. CONCLUSION AND ORDER 2 For the foregoing reasons, sanctions previously ordered by the Court on October 29, 2024 3 | (ECF No. 101) shall be paid as follows: 4 No later than 60 days from the date of this order, April 7, 2025, Defendants shall pay 5 | Plaintiff $12,463.13.

IT IS SO ORDERED.

7 g | Dated: _February 6, 2025 _ sf ery 9 UNITED STATES MAGISTRATE JUDGE

10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 12

1 2 3 4

5

6

ATTACHMENT TO THE COURT’S ORDER (ECF NO. 131)

7 The new calculations for Plaintiff’s counsels’ August 5, 2024 Invoice (33439089) are as 8 follows: 9 Date Professional Description Hours Rate Total3 10 07/02/24 David I. Discussion with other attorneys 1.004 650.00 487.50 11 Holtzman regarding motion to compel; begin outline of same; begin 12 research in support of same; correspond with intervenor 13 regarding settlement and motion 14 to compel

15 07/02/24 Dan P. Team discussion re. motion to 0.40 650.00 195.00 Kappes compel for Defendants’ failure to 16 produce and violation of Court order; outline motion 17

18 07/03/24 Isabella Confer with D. Holtzman and A. 1.60 300.00 360.00 Granucci Klair re discovery motion; 19 Research and analyze Local Rules for discovery motion; Draft 20 motion for leave to file discovery 21 motion; Send same to A. Klair for review and revising 22 07/09/24 Dan P. Draft Motion to Compel and 4.70 650.00 2,291.25 23 Kappes Request for Sanctions for Defendants’ failure to produce by 24 July 1 discovery deadline; review 25 and redact invoices, assign tasks and projects to associate team and 26 review; review, edit, and revise 27 3 The Total accounts for the Court’s twenty-five (25) percent reduction in Section III(D). 28 4 The hours for this entry were reduced in Section III(B)(2) of the Order. 1 Kappes declaration in support of motion; call with D. Holtzman re: 2 Local Rule 251 disagreement; 3 participate in Court follow-up conference. 4 07/09/24 Isabella Draft and revise Declaration of 3.10 300.00 697.50 5 Granucci D. Kappes in support of request 6 for attorneys' fees; Calculate attorneys' fees billed to date for 7 use in same; Review and revise discovery motion; Confer with 8 D. Kappes re same; Review docket to confirm filings for 9 proper citations in motion; 10 Update and verify correct citations in motion. 11 12 07/09/24 Andrew Confer with team re status on 0.60 375.00 168.75 Klair motion to compel and review 13 initial draft thereof; review documentary evidence and 14 confer with I. Granucci re use of 15 same in upcoming motion to compel. 16 17 07/10/24 David Continue work on motion to 1.20 650.00 585.00 Holtzman compel; discussion with other 18 attorneys regarding compliance with local rule 251; continue 19 work on assessment of manufacturer approvals. 20

21 07/10/24 Isabella Proofread and revise discovery .905 300.00 202.50 22 Granucci motion and declaration; Research and analyze case law 23 re financial records being used to prove damages; Confer with 24 A. Klair re exhibits for discovery motion. 25 07/11/24 David Revise motion to compel; 1.50 650.00 731.25 26 Holtzman telephone call with other attorney regarding same; revise 27

28 5 The hours for this entry were reduced in Section III(B)(2) of the Order. 1 declaration in support of same; telephone call with other 2 attorney regarding revisions to 3 same; telephone call with other attorney regarding exhibits. 4 07/11/24 Dan P. Finalize Kappes Declaration in 1.30 650.00 633.75 Kappes support of motion to compel and 5 request for sanction; finalize and 6 proof motion for same; confirm exhibits and 7 redactions of attorney invoices, call with D. Holtzman re. 8 proposes revisions; coordinate filing of same. 9

10 07/11/24 Isabella Revise and finalize discovery 2.60 300.00 585.00 Granucci motion and corresponding 11 declaration; Research and find 12 all documents cited in motion and compile exhibits; Confer 13 with D. Holtzman about revisions to motion; Send all 14 moving papers to team for final review. 15

16 07/12/24 Dan P. Work and coordinate with 0.30 650.00 146.25 Kappes associates and practice assistant 17 on filing motion to compel and 18 request for sanctions, review edited same, and read and 19 respond to emails re. same 20 07/12/24 Isabella Revise and finalize motion and 2.00 300.00 450.00 21 Granucci declaration for filing; Coordinate and oversee filing 22 and service of same; Draft 23 separate statement in support of motion; Confer with D. 24 Holtzman re same

25 07/17/24 David I. Review Order from Court 0.30 650.00 146.25 26 Holtzman regarding informal discovery conference and briefing 27 schedule for motion to compel 28 1 07/26/24 David I. Review opposition brief; 0.40 650.00 195.00 2 Holtzman telephone call with other attorney regarding same. 3 4 07/26/24 Dan P. Review Wilson opposition to 0.80 650.00 390.00 Kappes Foundation’s motion to compel 5 and sanctions; call with D. Holtzman, compare argument 6 against stipulation, and counsel declaration in support of same. 7

8 07/29/24 Isabella Review and analyze 0.30 300.00 67.50 Granucci Defendants’ opposition to our 9 Motion to Compel 10 11 07/31/24 David I. Review and revise reply; 1.80 650.00 877.50 Holtzman correspond with other attorneys 12 regarding same; research in support of same 13

14 07/31/24 Dan P. Draft first draft of Reply in 2.70 650.00 1,316.25 Kappes support of Motion to Compel and 15 for Sanctions, review D. Holtzman redlines and revisions, 16 and coordinate with associates for 17 filing of same.

18 07/31/24 Isabella Review and analyze draft of reply 0.20 300.00 45.00 19 Granucci to Defendant’s opposition to our motion to compel; Confer with A. 20 Klair re same.

21 (ECF No. 102 at 5-11). 22 The total adjusted bill for the August 5 Invoice is $10,571.25. 23 The relevant entry logs from the September 6, 2024, Invoice (33461928) are adjusted as 24 follows: 25 Date Professional Description Hours Rate Total 26 08/01/24 Dan P. Team emails re. filing of Reply 0.20 650.00 97.50 Kappes 27 28 1 08/01/24 Isabella Review and analyze revisions to 0.20 300.00 45.00 2 Granucci reply ISO motion to compel. 3 08/01/24 Andrew Final review and edits to reply in 1.40 375.00 393.75 4 Klair support of motion to request leave to file motion to compel 5 and file and serve the same. 6 08/01/24 David I. Review final reply; correspond 0.90 650.00 438.75 7 Holtzman with other attorneys regarding same. 8

9 The total adjusted bill for the September 6 Invoice is $975.00 10 The relevant entry logs from the October 3, 2024 Invoice (33439089) are adjusted as 11 follows: 12 Date Professional Description Hours Rate Total 13 09/20/24 David I. Review correspondence from 0.40 650.00 195.00 Holtzman Court regarding oral argument 14 date; correspond with other 15 attorney regarding same.

16 09/20/24 Andrew Review minute order by Court 0.50 375.00 140.63 Klair regarding hearing on motion to 17 compel; review prior discovery 18 responses and begin preparing document in compliance with 19 Court Order.

20 09/22/24 David I. Final review and edits to reply 0.50 650.00 243.75 21 Holtzman in support of motion to request leave to file motion to compel 22 and file and serve the same. 23 09/23/24 Isabella Review final reply; correspond 1.00 300.00 225.00 24 Granucci with other attorneys regarding same. 25

26 09/24/24 Isabella Finish compiling all discovery 0.50 300.00 112.50 Granucci requests and responses; Finalize 27 same and send to A. Klair for 28 review. 1 2 3 The total adjusted calculation for the October 3 Invoice is $916.88. 4 Adding together the three invoices, Plaintiff’s bill for attorneys’ fees related to the motion 5 to compel is accordingly adjusted to $12,463.13. 6

7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28