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Expenses sought by Jenner & Block (Appendix 5) Amount sought: $61,632.64 representing a 1/3 reduction of the expenses incurred of $73,395.47. The reduction was to "back out" expenses unrelated to the PCD, HR/CH and FP portions of the case. The itemization does not attempt to allocate the fees sought between the FD and/or the LD. Supporting Materials Provided and Analysis: Pls.' Memo., Exh. 3, Podolsky Decl.; Pls.' Reply Memo, Exh. 24 (itemized listing of expenses). This itemization is a chronological listing of expenses, not segregated by litigation phase or task, by type of charge, and devoid of any explanation of the nature and purpose of the charge. This lack of detail makes review for reasonableness very difficultv and warrants a twenty-five percent reduction across the board to compensate. This results in the following calculation: $61,632.64 x .75 = $46,224.48. With this reduction, the amount sought is reasonable. In this regard, it is noted that the Podolsky declaration verifies that the photocopy charges were assessed at the $.15/page authorized by the Guidelines of this Court. Allocation: Plaintiffs do not identify the allocation of J & B's fees sought as against the FD and/or LD. However, the expenses sought only relate to the PCD and HR/CH Phases. As for the PCD phase, this Court already has determined that the FD and LD are to be held liable on a fifty-fifty basis. Similarly, the LD only are to be held liable for the HR/CH phase. A review of the billing records submitted by J&B in support of the attorney's fees request reflects a total of $511,842.50 was sought for these two phases. Of that amount, $244,567.50, or 48 % represented work on the PCD phase, and $267,275.00, or fifty-two percent for the HR/CH phase. Application of these percentages to the approved expenses produces the following result: $46,244.48 x 48% = $22,197.37 for PCD phase, allocated to FD and LD fifty-fifty = $11,098.67 each $46,244.48 x 52% = $24,036.72 for HR/CH phase, allocated to the LD only. Final allocation: $ 35,135.39 against LD $ 11,098.67 against FD.



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Maryland Law