Preview
FILED: MONTGOMERY COUNTY CLERK 09/05/2023 06:07 PM INDEX NO. EF2021-129
NYSCEF DOC. NO. 124 RECEIVED NYSCEF: 09/05/2023
LUIBRAND LAW FIRM, PLLC
950 New Loudon Road
Suite 270
Latham, New York 12110
(518)783-1100
Thomas Apholz Statement Date: September 5, 2023
28 Julia Street Statement No. 1482
Amsterdam, NY 12010 Account No. 2029.001
Page: 1
RE: Employment Matter
Interim Statement
Fees
Hours
05/12/2020 KAL Evaluate prospects of a case; emails with client 2.70
05/13/2020 KAL Draft NOC; review materials from client 2.20
05/18/2020 KAL Revise NOC; draft retainer agreement 1.20
05/19/2020 KAL Revise NOC; emails with client 0.40
05/20/2020 KAL Revise NOC; emails with client 0.80
05/21/2020 KAL Emails with client re: NOC; follow up emails with client 0.80
05/22/2020 KAL Finalize NOC; research multiple issues pertaining to DHR claim 2.30
06/09/2020 KAL Emails with client 0.20
07/06/2020 KAL Emails with client; review status of NOC service 0.60
07/13/2020 KAL Research service of NOC issues 0.30
07/15/2020 JLM Review file; draft amended notice of claim; serve amended notice of claim on
respondent City of Amsterdam 0.40
07/24/2020 KAL Review service card re: NOC 0.10
08/04/2020 KAL Memo regarding status of case 0.40
08/05/2020 KAL Memo regarding case; finalize retainer letter 0.80
08/06/2020 KAL Draft memo regarding content of complaint 0.50
08/07/2020 KAL Revise memo re: complaint 0.40
08/08/2020 ARS Drafted Complaint and researched disability discrimination claims 1.00
FILED: MONTGOMERY COUNTY CLERK 09/05/2023 06:07 PM INDEX NO. EF2021-129
NYSCEF DOC. NO. 124 RECEIVED NYSCEF: 09/05/2023
Thomas Apholz Statement Date: 09/05/2023
Account No. 2029.001 Statement No. 1482
RE: Employment Matter Page No. 2
Hours
08/28/2020 ARS Revise complaint, researched NY Medical Marijuana law 2.00
08/31/2020 ARS Revise complaint 0.25
09/09/2020 ARS Researched pleading requirements for disability discrimination claims, whether
to bring Article 78 petition or plenary action; revise complaint 6.00
09/10/2020 ARS Revise Complaint; Researched whether attorney's fees and compensatory
damages were available in Article 78 petitions 4.00
10/05/2020 ARS Researched whether discrimination claim must be brought as an Art. 78 or a
plenary action (10-15 cases) 3.80
10/15/2020 KAL Meet with client to prepare for 50h hearing 1.40
10/23/2020 JLM Telephone calls with counsel for the City re: rescheduling 50-h hearing;
telephone with client re: new date 0.20
11/23/2020 KAL Review expected 50-h issues 0.30
12/08/2020 KAL Prepare for 50-h hearing; review potential questions with client 1.20
12/11/2020 KAL Prepare for 50-h hearing 0.40
JLM Telephone call and email to client confirming 50-h hearing 0.10
12/22/2020 KAL Prepare for and conduct 50 -h hearing; travel to/from Amsterdam 4.00
02/09/2021 ARS Research re: notice requirements for disability discrimination against medical
marijuana patients 2.50
02/11/2021 KAL Revise complaint 1.60
02/12/2021 ARS Researched case law re: compassionate care act private right of action;
reviewed and edited complaint 1.25
KAL Update law; revise complaint 1.00
02/16/2021 KAL Settlement emails with attorney; revise complaint; update law 2.30
02/17/2021 KAL Revise complaint; review Executive law legal fees section 1.00
ARS Reviewed 50-h transcript and edited complaint 1.50
02/18/2021 KAL Finalize complaint; emails with client 1.20
02/19/2021 JLM File summons and complaint via NYSCEF 0.30
02/22/2021 JLM Review status of filing; draft notice of e-filing; email with Lightning Legal re: City
Clerk; arrange for service of summons, complaint and notice of e-filing 0.40
02/24/2021 KAL Update on service 0.20
JLM Review affidavit of service; electronically file affidavit of service via NYSCEF 0.20
03/15/2021 JLM Review answer; format copy to save to client's digital file 0.10
FILED: MONTGOMERY COUNTY CLERK 09/05/2023 06:07 PM INDEX NO. EF2021-129
NYSCEF DOC. NO. 124 RECEIVED NYSCEF: 09/05/2023
Thomas Apholz Statement Date: 09/05/2023
Account No. 2029.001 Statement No. 1482
RE: Employment Matter Page No. 3
Hours
03/16/2021 KAL Analyze answer 0.50
03/18/2021 KAL Review answer; memo on discovery; letter to client 2.20
03/30/2021 KAL Review answer, draft multiple discovery demands 3.20
03/31/2021 KAL Analyze discovery demands further; formulate approach 0.80
04/02/2021 KAL Revise discovery demands; transmittal letter 1.40
04/26/2021 BM Reviewed firm's previously-sent discovery demand responses 1.00
BM Reviewed defendant's combined discovery demands 0.80
BM Reviewed 50-h hearing transcript; took notes in preparation for response to
defendant's discovery demands 1.20
04/27/2021 BM Continued reviewing client files; began drafting response to defendant's
discovery demands (bill of particulars) 1.50
04/29/2021 BM Continued drafting discovery responses; reviewing summary of 50-H
transcription and client documents 2.10
04/30/2021 BM Continued drafting discovery responses; reviewing 50-h transcript to determine
dates of communications with persons involved with marijuana certification 0.60
05/03/2021 BM Continued drafting discovery responses; assessing client damages/salary in
response to defendant questions 0.50
05/04/2021 BM Completed first draft of plaintiff's discovery responses (bill of particulars); used
50-H transcript as reference to discovery responses 5.00
BM Researched New York State Human Rights Law Section 296 (unlawful
discriminatory practices) for answer to discovery response question (2 cases) 0.50
BM Reviewed previously-filed notice for discovery and inspection sent by J. Murray;
Began drafting plaintiff's further discovery demands 1.40
BM Emailed K. Luibrand regarding financial losses stemming from plaintiff's
termination (salary, benefits, per diem calculation) 0.10
05/07/2021 KAL Revise BOP 1.00
05/12/2021 BM Emailed with K. Luibrand regarding update on discovery responses 0.10
BM Phone conference with T. Apholz reviewing questions for discovery responses 0.30
BM Emailed T. Apholz list of remaining unanswered questions for discovery
responses 0.10
BM Edited discovery responses to match answers given by T. Apholz during phone
call 0.20
BM Reviewed 50-H transcript; continued drafting discovery demands to be
submitted to defendants 1.10
BM Researched the calculation of damages (emotional distress, lost wages) 0.30
05/14/2021 BM Email T. Apholz regarding hospital stay, diagnosis, and credit card debt 0.20
BM Revise and review Bill of Particulars to reflect T. Apholz's response to
questions 0.30
FILED: MONTGOMERY COUNTY CLERK 09/05/2023 06:07 PM INDEX NO. EF2021-129
NYSCEF DOC. NO. 124 RECEIVED NYSCEF: 09/05/2023
Thomas Apholz Statement Date: 09/05/2023
Account No. 2029.001 Statement No. 1482
RE: Employment Matter Page No. 4
Hours
BM Emailed K. Luibrand revised draft of Bill of Particulars 0.10
05/17/2021 BM Reviewed 50-H hearing to accurately edit bill of particulars in accordance with
K. Luibrand's emailed questions; edited bill of particulars; emailed K. Luibrand
regarding the same 0.80
KAL Revise BOP 0.40
05/18/2021 BM Drafted Apholz verification; emailed K. Luibrand regarding the same 0.20
KAL Finalize BOP 1.00
05/19/2021 KAL Revise discovery demands; revise responses to discovery demands 1.20
05/25/2021 BM Edited plaintiff's discovery and inspection demands; reviewed for
redundancy/broadness; emailed K. Luibrand regarding the same 0.50
05/26/2021 KAL Address case valuation issues; revise BOP demand 0.40
06/08/2021 KAL Finalize discovery demands/responses: 0.80
BM Drafted responses to defendants' demands; drafted transmittal letters for bill of
particulars and notice for discovery and inspection; formatted transmittal letters
and combined with bill of particulars and notice for discovery and inspection;
emailed K. Luibrand and J. Murray regarding Apholz verification 1.00
06/28/2021 JLM Draft letter to defense counsel; serve bill of particulars, response to combined
demands and demand for discovery and inspection 0.40
07/19/2021 KAL Update client re: status of case 0.30
09/14/2021 KAL Review discovery documents from City; emails with client 1.20
09/16/2021 EH Apply for RJI and request for preliminary conference 0.30
09/17/2021 KAL Review further defendants' discovery; email questions with client 2.30
09/20/2021 KAL Review package from court; draft case management plan 0.80
09/21/2021 KAL Revise case management plan; research mediators 1.20
09/30/2021 KAL Emails regarding scheduling 0.20
10/01/2021 KAL Follow up with client on possible scheduling/case management 0.30
10/04/2021 KAL Revise case management agreement 0.20
10/05/2021 EH Edits to the Preliminary Conference Stipulation and Order 0.40
10/06/2021 KAL Revise case management plan 0.30
10/22/2021 KAL Revise case management plan; emails regarding same 0.30
10/26/2021 KAL Prepare for and conduct court conference; emails with counsel; emails with
client 1.20
FILED: MONTGOMERY COUNTY CLERK 09/05/2023 06:07 PM INDEX NO. EF2021-129
NYSCEF DOC. NO. 124 RECEIVED NYSCEF: 09/05/2023
Thomas Apholz Statement Date: 09/05/2023
Account No. 2029.001 Statement No. 1482
RE: Employment Matter Page No. 5
Hours
10/29/2021 KAL Calls and emails with client, counsel; revise discovery response 0.40
11/03/2021 BM Reviewed client's file to locate health insurance information; emailed client
regarding insurance at time of employment with the city 0.20
11/15/2021 JLM Meet w/client to sign HIPAA authorizations; draft letter to defense counsel re
authorizations; email authorizations to defense counsel 0.60
11/22/2021 JLM Emails w/defense counsel re authorizations; research re Dr. Herold 0.60
11/23/2021 JLM Investigation re Richard Herold MD's location; review NuggMD website; review
Herold's licensing status/states licensed 1.50
11/29/2021 JLM Telephone call and emails w/Christine at Johnson & Laws re
depositions/stenographer; review file; forward client's medical marijuana
certificate to defense counsel; telephone calls w/client re deposition specifics
and preparation 0.50
11/30/2021 JLM Telephone calls and emails w/defense counsel and steno re December 9th and
10th depositions; telephone call w/client 0.60
12/01/2021 JLM Review emails re witnesses for December 9th and 10th; update the calendar;
emails w/Martin Deposition re coverage 0.30
12/07/2021 JLM Emails w/Christine Lynn at Johnson & Laws re St. Mary's records and
depositions; telephone call to St. Mary's re status of request; fax HIPAA to St.
Mary's Health Information Management Department; telephone call w/client re
status 0.40
12/08/2021 JLM Emails w/Christine Lynn at Johnson & Laws re rescheduling depositions 0.20
12/10/2021 JLM Emails w/defense counsel re rescheduling depositions 0.20
12/15/2021 KAL Emails with defense attorney regarding scheduling depositions 0.20
12/16/2021 KAL Prepare for depositions of T.A. and city 0.60
12/17/2021 KAL Internal emails regarding scheduling 0.20
12/21/2021 KAL Revise discovery responses 0.60
12/30/2021 KAL Emails with counsel regarding discovery issues 0.20
01/02/2022 KAL Internal emails regarding deposition scheduling 0.20
01/03/2022 KAL Meeting with client to discuss case/ebt conflicts 0.50
01/12/2022 JLM Review defendant's demand for authorizations; emails w/Christine Lynn re
depositions; locate contact information for providers; draft 8 HIPAAs 1.00
01/18/2022 JLM Locate provider addresses for six additional providers; draft HIPAA
FILED: MONTGOMERY COUNTY CLERK 09/05/2023 06:07 PM INDEX NO. EF2021-129
NYSCEF DOC. NO. 124 RECEIVED NYSCEF: 09/05/2023
Thomas Apholz Statement Date: 09/05/2023
Account No. 2029.001 Statement No. 1482
RE: Employment Matter Page No. 6
Hours
authorizations; telephone call to client; emails w/defense counsel re LabCorp
and Docyk MD 1.00
01/19/2022 JLM Locate additional provider addresses; determine status/treatment of Stanley M.
Docyk, MD; research re HIPAA labs; draft additional HIPAAs; meeting w/client;
draft letter to defendant's attorney re records; emails w/Christine Lynn re
authorizations 1.20
01/20/2022 JLM Emails w/Christine Lynn re authorizations; fax authorizations to defense
counsel; emails and telephone call w/defense counsel re scheduling of
depositions 0.40
01/25/2022 JLM Emails w/defense counsel re deposition scheduling issues 0.20
01/27/2022 JLM Telephone call to defense counsel re deposition scheduling 0.10
01/28/2022 KAL Review HIPAA generated materials 0.50
01/31/2022 JLM Review documentation from Saratoga Hospital re client; telephone calls and
emails w/defense counsel confirming deposition dates (attorneys) subject to
defense witnesses being available 0.60
02/01/2022 JLM Telephone calls and emails w/defense paralegal confirming date/location for
party depositions; emails w/Martin Court Reporting confirming schedule; diary
dates 0.60
02/03/2022 JLM Review St. Mary's Hospital records; review response from Amsterdam Family
Practice; call to St. Mary's re mental health records 0.80
02/17/2022 KAL Review CVS prescription discovery; chart out dates; research medication
effects 0.50
03/20/2022 JLM Telephone call and email to client re deposition preparation 0.10
03/21/2022 ARS Reviewed file to prep for EBTs this week; review outline 3.00
JLM Telephone call w/client re preparation for deposition 0.20
03/22/2022 KAL Review witness outlines for depositions 0.30
BM Began reviewing Amsterdam's Zero Tolerance Drug and Alcohol Policy;
reviewed drug-related rules/exceptions and whether they applied to Apholz's
position as wastewater treatment employee; reviewed discovery materials
supplied by defendant in discovery responses; prepare for client EBT 3.30
ARS Prepped for EBT of Mayor Cinquanti 3.00
03/23/2022 BM Commute from Albany to Amsterdam; commute from Amsterdam to Latham 1.00
BM Met with client and assisted A. Savarese with depositions of Apholz and Mayor
Cinquanti 3.50
BM Created deposition outlines for Kim Brumley, Mike Clark and Shawn Dufresne,
and reviewed client's file in preparation for March 24 depositions 2.50
ARS Travel from Schenectady, NY, to Amsterdam City Hall, 61 Church Street,
Amsterdam, NY 0.30
ARS Met early with client at City Hall to discuss case; EBTs of client and Mayor
FILED: MONTGOMERY COUNTY CLERK 09/05/2023 06:07 PM INDEX NO. EF2021-129
NYSCEF DOC. NO. 124 RECEIVED NYSCEF: 09/05/2023
Thomas Apholz Statement Date: 09/05/2023
Account No. 2029.001 Statement No. 1482
RE: Employment Matter Page No. 7
Hours
Cinquanti 3.25
ARS Travel from Amsterdam City Hall, 61 Church Street, Amsterdam, NY, to office
at 950 New Loudon Rd, Latham, NY 0.50
JLM Telephone call w/client re location/time of deposition 0.10
03/24/2022 BM Commute from Albany to Amsterdam; commute from Amsterdam to Latham 1.00
BM Completed depositions of Kim Brumley, Mike Clark and Shawn Dufresne 3.50
BM Phone call with Apholz; emails with KAL regarding depositions and documents
from Eastern Med 0.20
BM Began drafting subpoena duces tecum for Eastern Med 0.40
BM Reviewed defendants' discovery responses to locate Eastern Med documents 0.40
KAL Review issues related to next discovery 0.40
03/25/2022 KAL Scheduling emails; email regarding materials to subpoena from testing center 0.30
03/31/2022 KAL Address scheduling issue 0.20
BM Reviewed notes to determine which medical company provided drug testing for
County; drafted Witness Subpoena for Eastern Medical 0.80
04/01/2022 JLM Emails w/defense counsel re deposition exhibits; download and organize in
client's electronic file plaintiff's Exhibit 1 and defendant's Exhibits A through E 0.40
BM Finalized subpoena duces tecum and witness subpoena 0.50
04/05/2022 KAL Emails re: scheduling 0.20
04/11/2022 JLM Review scheduling order; diary discovery/note of issue deadline w/reminders;
review CPLR §3101(d) re expert disclosure rule for Third Department; diary
compliance conference 0.70
04/13/2022 KAL Review insurance disclosure documents; emails to client about wife voluntary
testimony 0.40
04/19/2022 KAL Follow up on scheduling 0.10
04/20/2022 KAL Emails with client re: deposition of wife 0.10
04/26/2022 KAL Review affidavit of service for Eastern Med LLC deposition subpoena;
download to file 0.10
KAL Emails w/Martin Deposition Services re non-party depositions (Eastern Med
and client's wife) 0.20
04/27/2022 JLM Review file to determine Marie Apholz address 0.20
04/28/2022 KAL Review transcript of Tom Apholz; letter to client 0.80
05/10/2022 KAL Prepare for depositions; review transcript of Tom Apholz 1.20
JLM Emails w/Martin Court Reporting confirming depositions of EasternMed and
Apholz wife 0.20
05/11/2022 KAL Prepare for and conduct deposition of Marie Apholz; multiple letters on failed
deposition of Eastern Med; follow up with client/April laws 1.70
FILED: MONTGOMERY COUNTY CLERK 09/05/2023 06:07 PM INDEX NO. EF2021-129
NYSCEF DOC. NO. 124 RECEIVED NYSCEF: 09/05/2023
Thomas Apholz Statement Date: 09/05/2023
Account No. 2029.001 Statement No. 1482
RE: Employment Matter Page No. 8
Hours
05/12/2022 KAL Revise letter to non party witnesses 0.40
05/17/2022 KAL Calls and emails with Eastern testing on lab results 0.40
05/18/2022 KAL Call with Eastern Medical; follow up 0.40
05/19/2022 KAL Review Eastern records; letter to April Laws 0.50
05/20/2022 KAL Revise letter to Laws 0.30
05/24/2022 KAL Review file for completion of discovery; email with counsel 0.30
05/25/2022 KAL Review whether to file NOI 0.40
06/01/2022 JLM Review file; identify dates/particulars for note of issue 0.30
06/30/2022 KAL Review ebt transcripts/exhibits for possible SJ motion 0.80
07/06/2022 KAL Emails and call with attorney re: scheduling/mediation; letter to judge 0.60
07/07/2022 KAL Multiple scheduling emails with court/counsel 0.30
07/13/2022 BM Researched elements required for disability discrimination, focused research
on "notice" requirement given to employers; researched whether verbal notice
qualifies as "notice"; researched whether medical marijuana prescription
qualifies as a "disability" 5.80
07/14/2022 BM Continued researching caselaw discussing disability discrimination in the
context of medical marijuana; researched disability discrimination caselaw
where the defendant did not explicitly request a reasonable accommodation;
began writing summary of caselaw to be used in potential summary judgment
motion 6.20
08/02/2022 KAL Prepare for court conference 0.30
08/04/2022 KAL Prepare for and conduct Court conference; follow up; review order; email to
client 1.20
09/23/2022 KAL Email re: extension 0.10
10/17/2022 EH In preparation of summary judgement read complaint, answer, discovery
demands, and responses 1.00
10/18/2022 EH Read last chance agreement, deposition transcripts of Kim Brumley, Thomas
Apholz. Sean Defresne, Michael Cinquanti, and Michael Clark, and read the
memos, medical records, etc 3.70
EH Begin to draft SJ 1.50
10/19/2022 JLM Review letter order re dispositive motion deadline; update office calendar
w/new date 0.20
EH Worked on Memorandum of Law for a MSJ, and drafted a Notice of Motion 9.50
KAL Review Summary Judgment Motion 1.60
FILED: MONTGOMERY COUNTY CLERK 09/05/2023 06:07 PM INDEX NO. EF2021-129
NYSCEF DOC. NO. 124 RECEIVED NYSCEF: 09/05/2023
Thomas Apholz Statement Date: 09/05/2023
Account No. 2029.001 Statement No. 1482
RE: Employment Matter Page No. 9
Hours
10/20/2022 EH Edited Memorandum of Law draft, drafted an affirmation to accompany the
MOL, read Marie Apholz's deposition 6.00
KAL Analyze summary judgement caselaw 2.20
10/21/2022 EH Printed and highlighted the sections of Marie and Thomas Apholz's depositions
related to Thomas' mental health after his termination; went through
depositions to find Mr. Apholz's employment history after termination 2.50
10/24/2022 KAL Revise SJ motion 1.20
10/26/2022 KAL Strategy call with client 0.30
11/07/2022 JLM Review and download defendant's motion for summary judgment (notice of
motion, attorney affirmation w/Exhibits A-R and memorandum of law); diary
return/response dates w/reminders 0.80
11/08/2022 EH Review the opposing side's motion to dismiss 1.00
11/09/2022 EH Edited MOL in support of motion for summary judgement to be a reply brief in
response to defendant's motion for summary judgement, researched whether a
disabled employee must have requested an accommodation to sue for
disability-based discrimination, researched whether there were any cases
where an employee states that they are on a particular medicine but does not
state what condition the medicine is for 6.90
11/10/2022 EH Researched disability-based discrimination cases where an employee states
they are on a particular medicine but does not state what condition it is for 0.60
KAL Revise SJ response 0.80
11/11/2022 KAL Revise response to SJ 1.00
11/22/2022 EH Printed defense's motion for summary judgement and plaintiff's response,
searched the file for a statement of undisputed facts from the defense,
researched whether a statement of undisputed facts is required when filing a
motion for summary judgement and what the penalty is for not providing one,
researched cases to support the argument that Apholz stating he had a medical
marijuana card was enough to put the City on notice that he had a disability 3.50
11/23/2022 EH Researched cases to support the argument that Apholz stating he had a
medical marijuana card was enough to put the City on notice that he had a
disability 8.40
KAL Revise Memorandum of law 0.80
11/28/2022 KAL Revise response to SJ motion; draft letter to judge 1.60
EH Finished revised draft of the reply to the defendant's motion for summary
judgement, researched whether a motion for summary judgement had to
include a statement of undisputed facts 6.50
11/29/2022 KAL Revise SJ response 1.20
EH Edited reply to defendant's motion for summary judgment according to Kevin's
edits, did further research on whether a drug-testing facility is an agent of the
FILED: MONTGOMERY COUNTY CLERK 09/05/2023 06:07 PM INDEX NO. EF2021-129
NYSCEF DOC. NO. 124 RECEIVED NYSCEF: 09/05/2023
Thomas Apholz Statement Date: 09/05/2023
Account No. 2029.001 Statement No. 1482
RE: Employment Matter Page No. 10
Hours
City, researched the Compassionate Care Act of 2014 and the NY Public
Health Law to find a way to prove that the failure to discuss a reasonable
accommodation claim of action was in the notice of claim 7.70
11/30/2022 KAL Letter to judge; revise response to SJ motion 2.20
EH Researched whether a notice of claim was required for this action given the
ruling in Margerum v. City of Buffalo, wrote an argument in the reply to the
defense's motion for summary judgment that the notice of claim was not
required, wrote an argument that if a notice of claim was required, Plaintiff's
notice of claim included the second cause of action, wrote an argument that if
Plaintiff's notice of claim was insufficient and did not include the second cause
of action, then the court could disregard the omission because it was in good
faith and did not prejudice the defendant 8.70
12/01/2022 EH Researched whether Defendant was required to raise an insufficient notice of
claim as an affirmative defense in its answer, finished first draft of the argument
that the notice of claim was sufficient, edited notice of claim argument
according to Kevin's edits, placed exhibit names into the reply to the motion for
summary judgement, edited reply to motion for summary judgement according
to Kevin's edits 6.30
KAL Multiple revisions to Memo of law 2.30
12/02/2022 KAL Multiple revisions to Memo of law 1.00
EH Edited references to exhibits in the reply to the defendant's motion for summary
judgement, edited list of exhibits, created an affirmation in opposition to
defendant's motion for summary judgement, edited reply to defendant's motion
for summary judgment according to Kevin's edits 4.40
12/05/2022 EH Continued to edit reply to defendant's motion for summary judgment according
to Kevin's edits, placed all exhibits in one folder in R file 6.00
KAL Finalize Memo of law 1.20
JLM Format EEOC exhibit into document that meets filing requirements 0.20
12/06/2022 JLM Redraft letter to Judge Slezak re word limit extension; electronically file letter
via NYSCEF 0.30
12/07/2022 KAL Review multiple court orders/letters 0.70
12/08/2022 JLM Revise memo of law citations; insert case law citations; assemble and format
exhibits; draft 22 NYCRR 202.8-b certifications; draft table of contents; draft
and format table of authorities; file and serve via NYSCEF memo of law and
affirmation with Exhibits A-N 6.00
12/09/2022 JLM Download and review order of Judge Slezak re motion schedule; diary dates 0.20
12/30/2022 JLM Review and download letter from defense counsel re extension to serve reply 0.20
01/03/2023 JLM Review and download order re extension of time to file reply 0.20
01/04/2023 KAL Review filed applications and order 0.30
01/26/2023 JLM Assemble required documentation and draft request to NYSUBRO for an
FILED: MONTGOMERY COUNTY CLERK 09/05/2023 06:07 PM INDEX NO. EF2021-129
NYSCEF DOC. NO. 124 RECEIVED NYSCEF: 09/05/2023
Thomas Apholz Statement Date: 09/05/2023
Account No. 2029.001 Statement No. 1482
RE: Employment Matter Page No. 11
Hours
interim lien request 1.00
03/02/2023 JLM Telephone calls and emails w/HMS and OMIG re interim Medicaid lien amount 0.60
JLM Review file to prepare for supplemental pretrial discovery disclosures 1.30
03/06/2023 JLM Review HMS letter re lien; update records 0.20
04/19/2023 JLM Download and review summary judgment decision from NYSCEF; diary pretrial
conference date w/Teams info; determine amount of legal fees/expenses;
review file re Medicaid lien and notification to defense 0.60
04/27/2023 KAL Prepare for conference 0.40
05/01/2023 JLM Download and review notice of appeal w/initial informational statement; diary
deadline for defendant to perfect appeal 0.30
05/04/2023 KAL Prepare for and conduct conference with judge 2.20
05/09/2023 ARS Reviewed defendant's motion for stay of trial pending appeal; drafted response
to defendant's motion for stay of trial pending appeal; researched when CPLR
5519(a)(1) and (b) stays apply (40-50 cases and statutes): 5.00
05/10/2023 ARS Drafted response to defendant's motion for stay of trial pending appeal;
researched when CPLR 5519(b) stays apply, factors for granting discretionary
CPLR 5519(c) stays (70-80 cases and statutes) 7.50
05/11/2023 EH Searched through depositions and medical records to determine who needed
to be sent a subpoena as a witness; created subpoenas for witnesses needed
for trial: 2.40
ARS Revise response to defendant's motion for stay in 3d Dept; researched
summary judgment burden vs trial burden for employment discrimination,
examples of prejudice caused by staying proceedings, appellate court
standards for granting stays (40-50 cases) 6.00
JLM Format subpoenas for trial witnesses 0.20
05/12/2023 ARS Revise response to defendant's motion for stay in 3d Dept; prepared motion
response for filing and serving upon defendant 3.50
05/15/2023 JLM Record representation at AD3d; format and electronically file plaintiff's
response to defendant's motion for stay 0.50
05/17/2023 ARS Researched whether 3d Dept has to decide on stays within a specific period of
time 0.30
JLM Review CPLR §§2302, 2302(a) and 2307 re trial subpoena issuance to
municipality; research re witness subpoenas/court order 1.20
EH Edited five subpoenas 0.70
EH Researched the statute that requires a judge's signature to issue subpoenas for
municipal employees 0.60
EH Drafted a notice of motion for the issuance of subpoenas 0.40
EH Drafted an affirmation for the motion for the issuance of
Preview
FILED: MONTGOMERY COUNTY CLERK 09/05/2023 06:07 PM INDEX NO. EF2021-129 NYSCEF DOC. NO. 124 RECEIVED NYSCEF: 09/05/2023 LUIBRAND LAW FIRM, PLLC 950 New Loudon Road Suite 270 Latham, New York 12110 (518)783-1100 Thomas Apholz Statement Date: September 5, 2023 28 Julia Street Statement No. 1482 Amsterdam, NY 12010 Account No. 2029.001 Page: 1 RE: Employment Matter Interim Statement Fees Hours 05/12/2020 KAL Evaluate prospects of a case; emails with client 2.70 05/13/2020 KAL Draft NOC; review materials from client 2.20 05/18/2020 KAL Revise NOC; draft retainer agreement 1.20 05/19/2020 KAL Revise NOC; emails with client 0.40 05/20/2020 KAL Revise NOC; emails with client 0.80 05/21/2020 KAL Emails with client re: NOC; follow up emails with client 0.80 05/22/2020 KAL Finalize NOC; research multiple issues pertaining to DHR claim 2.30 06/09/2020 KAL Emails with client 0.20 07/06/2020 KAL Emails with client; review status of NOC service 0.60 07/13/2020 KAL Research service of NOC issues 0.30 07/15/2020 JLM Review file; draft amended notice of claim; serve amended notice of claim on respondent City of Amsterdam 0.40 07/24/2020 KAL Review service card re: NOC 0.10 08/04/2020 KAL Memo regarding status of case 0.40 08/05/2020 KAL Memo regarding case; finalize retainer letter 0.80 08/06/2020 KAL Draft memo regarding content of complaint 0.50 08/07/2020 KAL Revise memo re: complaint 0.40 08/08/2020 ARS Drafted Complaint and researched disability discrimination claims 1.00 FILED: MONTGOMERY COUNTY CLERK 09/05/2023 06:07 PM INDEX NO. EF2021-129 NYSCEF DOC. NO. 124 RECEIVED NYSCEF: 09/05/2023 Thomas Apholz Statement Date: 09/05/2023 Account No. 2029.001 Statement No. 1482 RE: Employment Matter Page No. 2 Hours 08/28/2020 ARS Revise complaint, researched NY Medical Marijuana law 2.00 08/31/2020 ARS Revise complaint 0.25 09/09/2020 ARS Researched pleading requirements for disability discrimination claims, whether to bring Article 78 petition or plenary action; revise complaint 6.00 09/10/2020 ARS Revise Complaint; Researched whether attorney's fees and compensatory damages were available in Article 78 petitions 4.00 10/05/2020 ARS Researched whether discrimination claim must be brought as an Art. 78 or a plenary action (10-15 cases) 3.80 10/15/2020 KAL Meet with client to prepare for 50h hearing 1.40 10/23/2020 JLM Telephone calls with counsel for the City re: rescheduling 50-h hearing; telephone with client re: new date 0.20 11/23/2020 KAL Review expected 50-h issues 0.30 12/08/2020 KAL Prepare for 50-h hearing; review potential questions with client 1.20 12/11/2020 KAL Prepare for 50-h hearing 0.40 JLM Telephone call and email to client confirming 50-h hearing 0.10 12/22/2020 KAL Prepare for and conduct 50 -h hearing; travel to/from Amsterdam 4.00 02/09/2021 ARS Research re: notice requirements for disability discrimination against medical marijuana patients 2.50 02/11/2021 KAL Revise complaint 1.60 02/12/2021 ARS Researched case law re: compassionate care act private right of action; reviewed and edited complaint 1.25 KAL Update law; revise complaint 1.00 02/16/2021 KAL Settlement emails with attorney; revise complaint; update law 2.30 02/17/2021 KAL Revise complaint; review Executive law legal fees section 1.00 ARS Reviewed 50-h transcript and edited complaint 1.50 02/18/2021 KAL Finalize complaint; emails with client 1.20 02/19/2021 JLM File summons and complaint via NYSCEF 0.30 02/22/2021 JLM Review status of filing; draft notice of e-filing; email with Lightning Legal re: City Clerk; arrange for service of summons, complaint and notice of e-filing 0.40 02/24/2021 KAL Update on service 0.20 JLM Review affidavit of service; electronically file affidavit of service via NYSCEF 0.20 03/15/2021 JLM Review answer; format copy to save to client's digital file 0.10 FILED: MONTGOMERY COUNTY CLERK 09/05/2023 06:07 PM INDEX NO. EF2021-129 NYSCEF DOC. NO. 124 RECEIVED NYSCEF: 09/05/2023 Thomas Apholz Statement Date: 09/05/2023 Account No. 2029.001 Statement No. 1482 RE: Employment Matter Page No. 3 Hours 03/16/2021 KAL Analyze answer 0.50 03/18/2021 KAL Review answer; memo on discovery; letter to client 2.20 03/30/2021 KAL Review answer, draft multiple discovery demands 3.20 03/31/2021 KAL Analyze discovery demands further; formulate approach 0.80 04/02/2021 KAL Revise discovery demands; transmittal letter 1.40 04/26/2021 BM Reviewed firm's previously-sent discovery demand responses 1.00 BM Reviewed defendant's combined discovery demands 0.80 BM Reviewed 50-h hearing transcript; took notes in preparation for response to defendant's discovery demands 1.20 04/27/2021 BM Continued reviewing client files; began drafting response to defendant's discovery demands (bill of particulars) 1.50 04/29/2021 BM Continued drafting discovery responses; reviewing summary of 50-H transcription and client documents 2.10 04/30/2021 BM Continued drafting discovery responses; reviewing 50-h transcript to determine dates of communications with persons involved with marijuana certification 0.60 05/03/2021 BM Continued drafting discovery responses; assessing client damages/salary in response to defendant questions 0.50 05/04/2021 BM Completed first draft of plaintiff's discovery responses (bill of particulars); used 50-H transcript as reference to discovery responses 5.00 BM Researched New York State Human Rights Law Section 296 (unlawful discriminatory practices) for answer to discovery response question (2 cases) 0.50 BM Reviewed previously-filed notice for discovery and inspection sent by J. Murray; Began drafting plaintiff's further discovery demands 1.40 BM Emailed K. Luibrand regarding financial losses stemming from plaintiff's termination (salary, benefits, per diem calculation) 0.10 05/07/2021 KAL Revise BOP 1.00 05/12/2021 BM Emailed with K. Luibrand regarding update on discovery responses 0.10 BM Phone conference with T. Apholz reviewing questions for discovery responses 0.30 BM Emailed T. Apholz list of remaining unanswered questions for discovery responses 0.10 BM Edited discovery responses to match answers given by T. Apholz during phone call 0.20 BM Reviewed 50-H transcript; continued drafting discovery demands to be submitted to defendants 1.10 BM Researched the calculation of damages (emotional distress, lost wages) 0.30 05/14/2021 BM Email T. Apholz regarding hospital stay, diagnosis, and credit card debt 0.20 BM Revise and review Bill of Particulars to reflect T. Apholz's response to questions 0.30 FILED: MONTGOMERY COUNTY CLERK 09/05/2023 06:07 PM INDEX NO. EF2021-129 NYSCEF DOC. NO. 124 RECEIVED NYSCEF: 09/05/2023 Thomas Apholz Statement Date: 09/05/2023 Account No. 2029.001 Statement No. 1482 RE: Employment Matter Page No. 4 Hours BM Emailed K. Luibrand revised draft of Bill of Particulars 0.10 05/17/2021 BM Reviewed 50-H hearing to accurately edit bill of particulars in accordance with K. Luibrand's emailed questions; edited bill of particulars; emailed K. Luibrand regarding the same 0.80 KAL Revise BOP 0.40 05/18/2021 BM Drafted Apholz verification; emailed K. Luibrand regarding the same 0.20 KAL Finalize BOP 1.00 05/19/2021 KAL Revise discovery demands; revise responses to discovery demands 1.20 05/25/2021 BM Edited plaintiff's discovery and inspection demands; reviewed for redundancy/broadness; emailed K. Luibrand regarding the same 0.50 05/26/2021 KAL Address case valuation issues; revise BOP demand 0.40 06/08/2021 KAL Finalize discovery demands/responses: 0.80 BM Drafted responses to defendants' demands; drafted transmittal letters for bill of particulars and notice for discovery and inspection; formatted transmittal letters and combined with bill of particulars and notice for discovery and inspection; emailed K. Luibrand and J. Murray regarding Apholz verification 1.00 06/28/2021 JLM Draft letter to defense counsel; serve bill of particulars, response to combined demands and demand for discovery and inspection 0.40 07/19/2021 KAL Update client re: status of case 0.30 09/14/2021 KAL Review discovery documents from City; emails with client 1.20 09/16/2021 EH Apply for RJI and request for preliminary conference 0.30 09/17/2021 KAL Review further defendants' discovery; email questions with client 2.30 09/20/2021 KAL Review package from court; draft case management plan 0.80 09/21/2021 KAL Revise case management plan; research mediators 1.20 09/30/2021 KAL Emails regarding scheduling 0.20 10/01/2021 KAL Follow up with client on possible scheduling/case management 0.30 10/04/2021 KAL Revise case management agreement 0.20 10/05/2021 EH Edits to the Preliminary Conference Stipulation and Order 0.40 10/06/2021 KAL Revise case management plan 0.30 10/22/2021 KAL Revise case management plan; emails regarding same 0.30 10/26/2021 KAL Prepare for and conduct court conference; emails with counsel; emails with client 1.20 FILED: MONTGOMERY COUNTY CLERK 09/05/2023 06:07 PM INDEX NO. EF2021-129 NYSCEF DOC. NO. 124 RECEIVED NYSCEF: 09/05/2023 Thomas Apholz Statement Date: 09/05/2023 Account No. 2029.001 Statement No. 1482 RE: Employment Matter Page No. 5 Hours 10/29/2021 KAL Calls and emails with client, counsel; revise discovery response 0.40 11/03/2021 BM Reviewed client's file to locate health insurance information; emailed client regarding insurance at time of employment with the city 0.20 11/15/2021 JLM Meet w/client to sign HIPAA authorizations; draft letter to defense counsel re authorizations; email authorizations to defense counsel 0.60 11/22/2021 JLM Emails w/defense counsel re authorizations; research re Dr. Herold 0.60 11/23/2021 JLM Investigation re Richard Herold MD's location; review NuggMD website; review Herold's licensing status/states licensed 1.50 11/29/2021 JLM Telephone call and emails w/Christine at Johnson & Laws re depositions/stenographer; review file; forward client's medical marijuana certificate to defense counsel; telephone calls w/client re deposition specifics and preparation 0.50 11/30/2021 JLM Telephone calls and emails w/defense counsel and steno re December 9th and 10th depositions; telephone call w/client 0.60 12/01/2021 JLM Review emails re witnesses for December 9th and 10th; update the calendar; emails w/Martin Deposition re coverage 0.30 12/07/2021 JLM Emails w/Christine Lynn at Johnson & Laws re St. Mary's records and depositions; telephone call to St. Mary's re status of request; fax HIPAA to St. Mary's Health Information Management Department; telephone call w/client re status 0.40 12/08/2021 JLM Emails w/Christine Lynn at Johnson & Laws re rescheduling depositions 0.20 12/10/2021 JLM Emails w/defense counsel re rescheduling depositions 0.20 12/15/2021 KAL Emails with defense attorney regarding scheduling depositions 0.20 12/16/2021 KAL Prepare for depositions of T.A. and city 0.60 12/17/2021 KAL Internal emails regarding scheduling 0.20 12/21/2021 KAL Revise discovery responses 0.60 12/30/2021 KAL Emails with counsel regarding discovery issues 0.20 01/02/2022 KAL Internal emails regarding deposition scheduling 0.20 01/03/2022 KAL Meeting with client to discuss case/ebt conflicts 0.50 01/12/2022 JLM Review defendant's demand for authorizations; emails w/Christine Lynn re depositions; locate contact information for providers; draft 8 HIPAAs 1.00 01/18/2022 JLM Locate provider addresses for six additional providers; draft HIPAA FILED: MONTGOMERY COUNTY CLERK 09/05/2023 06:07 PM INDEX NO. EF2021-129 NYSCEF DOC. NO. 124 RECEIVED NYSCEF: 09/05/2023 Thomas Apholz Statement Date: 09/05/2023 Account No. 2029.001 Statement No. 1482 RE: Employment Matter Page No. 6 Hours authorizations; telephone call to client; emails w/defense counsel re LabCorp and Docyk MD 1.00 01/19/2022 JLM Locate additional provider addresses; determine status/treatment of Stanley M. Docyk, MD; research re HIPAA labs; draft additional HIPAAs; meeting w/client; draft letter to defendant's attorney re records; emails w/Christine Lynn re authorizations 1.20 01/20/2022 JLM Emails w/Christine Lynn re authorizations; fax authorizations to defense counsel; emails and telephone call w/defense counsel re scheduling of depositions 0.40 01/25/2022 JLM Emails w/defense counsel re deposition scheduling issues 0.20 01/27/2022 JLM Telephone call to defense counsel re deposition scheduling 0.10 01/28/2022 KAL Review HIPAA generated materials 0.50 01/31/2022 JLM Review documentation from Saratoga Hospital re client; telephone calls and emails w/defense counsel confirming deposition dates (attorneys) subject to defense witnesses being available 0.60 02/01/2022 JLM Telephone calls and emails w/defense paralegal confirming date/location for party depositions; emails w/Martin Court Reporting confirming schedule; diary dates 0.60 02/03/2022 JLM Review St. Mary's Hospital records; review response from Amsterdam Family Practice; call to St. Mary's re mental health records 0.80 02/17/2022 KAL Review CVS prescription discovery; chart out dates; research medication effects 0.50 03/20/2022 JLM Telephone call and email to client re deposition preparation 0.10 03/21/2022 ARS Reviewed file to prep for EBTs this week; review outline 3.00 JLM Telephone call w/client re preparation for deposition 0.20 03/22/2022 KAL Review witness outlines for depositions 0.30 BM Began reviewing Amsterdam's Zero Tolerance Drug and Alcohol Policy; reviewed drug-related rules/exceptions and whether they applied to Apholz's position as wastewater treatment employee; reviewed discovery materials supplied by defendant in discovery responses; prepare for client EBT 3.30 ARS Prepped for EBT of Mayor Cinquanti 3.00 03/23/2022 BM Commute from Albany to Amsterdam; commute from Amsterdam to Latham 1.00 BM Met with client and assisted A. Savarese with depositions of Apholz and Mayor Cinquanti 3.50 BM Created deposition outlines for Kim Brumley, Mike Clark and Shawn Dufresne, and reviewed client's file in preparation for March 24 depositions 2.50 ARS Travel from Schenectady, NY, to Amsterdam City Hall, 61 Church Street, Amsterdam, NY 0.30 ARS Met early with client at City Hall to discuss case; EBTs of client and Mayor FILED: MONTGOMERY COUNTY CLERK 09/05/2023 06:07 PM INDEX NO. EF2021-129 NYSCEF DOC. NO. 124 RECEIVED NYSCEF: 09/05/2023 Thomas Apholz Statement Date: 09/05/2023 Account No. 2029.001 Statement No. 1482 RE: Employment Matter Page No. 7 Hours Cinquanti 3.25 ARS Travel from Amsterdam City Hall, 61 Church Street, Amsterdam, NY, to office at 950 New Loudon Rd, Latham, NY 0.50 JLM Telephone call w/client re location/time of deposition 0.10 03/24/2022 BM Commute from Albany to Amsterdam; commute from Amsterdam to Latham 1.00 BM Completed depositions of Kim Brumley, Mike Clark and Shawn Dufresne 3.50 BM Phone call with Apholz; emails with KAL regarding depositions and documents from Eastern Med 0.20 BM Began drafting subpoena duces tecum for Eastern Med 0.40 BM Reviewed defendants' discovery responses to locate Eastern Med documents 0.40 KAL Review issues related to next discovery 0.40 03/25/2022 KAL Scheduling emails; email regarding materials to subpoena from testing center 0.30 03/31/2022 KAL Address scheduling issue 0.20 BM Reviewed notes to determine which medical company provided drug testing for County; drafted Witness Subpoena for Eastern Medical 0.80 04/01/2022 JLM Emails w/defense counsel re deposition exhibits; download and organize in client's electronic file plaintiff's Exhibit 1 and defendant's Exhibits A through E 0.40 BM Finalized subpoena duces tecum and witness subpoena 0.50 04/05/2022 KAL Emails re: scheduling 0.20 04/11/2022 JLM Review scheduling order; diary discovery/note of issue deadline w/reminders; review CPLR §3101(d) re expert disclosure rule for Third Department; diary compliance conference 0.70 04/13/2022 KAL Review insurance disclosure documents; emails to client about wife voluntary testimony 0.40 04/19/2022 KAL Follow up on scheduling 0.10 04/20/2022 KAL Emails with client re: deposition of wife 0.10 04/26/2022 KAL Review affidavit of service for Eastern Med LLC deposition subpoena; download to file 0.10 KAL Emails w/Martin Deposition Services re non-party depositions (Eastern Med and client's wife) 0.20 04/27/2022 JLM Review file to determine Marie Apholz address 0.20 04/28/2022 KAL Review transcript of Tom Apholz; letter to client 0.80 05/10/2022 KAL Prepare for depositions; review transcript of Tom Apholz 1.20 JLM Emails w/Martin Court Reporting confirming depositions of EasternMed and Apholz wife 0.20 05/11/2022 KAL Prepare for and conduct deposition of Marie Apholz; multiple letters on failed deposition of Eastern Med; follow up with client/April laws 1.70 FILED: MONTGOMERY COUNTY CLERK 09/05/2023 06:07 PM INDEX NO. EF2021-129 NYSCEF DOC. NO. 124 RECEIVED NYSCEF: 09/05/2023 Thomas Apholz Statement Date: 09/05/2023 Account No. 2029.001 Statement No. 1482 RE: Employment Matter Page No. 8 Hours 05/12/2022 KAL Revise letter to non party witnesses 0.40 05/17/2022 KAL Calls and emails with Eastern testing on lab results 0.40 05/18/2022 KAL Call with Eastern Medical; follow up 0.40 05/19/2022 KAL Review Eastern records; letter to April Laws 0.50 05/20/2022 KAL Revise letter to Laws 0.30 05/24/2022 KAL Review file for completion of discovery; email with counsel 0.30 05/25/2022 KAL Review whether to file NOI 0.40 06/01/2022 JLM Review file; identify dates/particulars for note of issue 0.30 06/30/2022 KAL Review ebt transcripts/exhibits for possible SJ motion 0.80 07/06/2022 KAL Emails and call with attorney re: scheduling/mediation; letter to judge 0.60 07/07/2022 KAL Multiple scheduling emails with court/counsel 0.30 07/13/2022 BM Researched elements required for disability discrimination, focused research on "notice" requirement given to employers; researched whether verbal notice qualifies as "notice"; researched whether medical marijuana prescription qualifies as a "disability" 5.80 07/14/2022 BM Continued researching caselaw discussing disability discrimination in the context of medical marijuana; researched disability discrimination caselaw where the defendant did not explicitly request a reasonable accommodation; began writing summary of caselaw to be used in potential summary judgment motion 6.20 08/02/2022 KAL Prepare for court conference 0.30 08/04/2022 KAL Prepare for and conduct Court conference; follow up; review order; email to client 1.20 09/23/2022 KAL Email re: extension 0.10 10/17/2022 EH In preparation of summary judgement read complaint, answer, discovery demands, and responses 1.00 10/18/2022 EH Read last chance agreement, deposition transcripts of Kim Brumley, Thomas Apholz. Sean Defresne, Michael Cinquanti, and Michael Clark, and read the memos, medical records, etc 3.70 EH Begin to draft SJ 1.50 10/19/2022 JLM Review letter order re dispositive motion deadline; update office calendar w/new date 0.20 EH Worked on Memorandum of Law for a MSJ, and drafted a Notice of Motion 9.50 KAL Review Summary Judgment Motion 1.60 FILED: MONTGOMERY COUNTY CLERK 09/05/2023 06:07 PM INDEX NO. EF2021-129 NYSCEF DOC. NO. 124 RECEIVED NYSCEF: 09/05/2023 Thomas Apholz Statement Date: 09/05/2023 Account No. 2029.001 Statement No. 1482 RE: Employment Matter Page No. 9 Hours 10/20/2022 EH Edited Memorandum of Law draft, drafted an affirmation to accompany the MOL, read Marie Apholz's deposition 6.00 KAL Analyze summary judgement caselaw 2.20 10/21/2022 EH Printed and highlighted the sections of Marie and Thomas Apholz's depositions related to Thomas' mental health after his termination; went through depositions to find Mr. Apholz's employment history after termination 2.50 10/24/2022 KAL Revise SJ motion 1.20 10/26/2022 KAL Strategy call with client 0.30 11/07/2022 JLM Review and download defendant's motion for summary judgment (notice of motion, attorney affirmation w/Exhibits A-R and memorandum of law); diary return/response dates w/reminders 0.80 11/08/2022 EH Review the opposing side's motion to dismiss 1.00 11/09/2022 EH Edited MOL in support of motion for summary judgement to be a reply brief in response to defendant's motion for summary judgement, researched whether a disabled employee must have requested an accommodation to sue for disability-based discrimination, researched whether there were any cases where an employee states that they are on a particular medicine but does not state what condition the medicine is for 6.90 11/10/2022 EH Researched disability-based discrimination cases where an employee states they are on a particular medicine but does not state what condition it is for 0.60 KAL Revise SJ response 0.80 11/11/2022 KAL Revise response to SJ 1.00 11/22/2022 EH Printed defense's motion for summary judgement and plaintiff's response, searched the file for a statement of undisputed facts from the defense, researched whether a statement of undisputed facts is required when filing a motion for summary judgement and what the penalty is for not providing one, researched cases to support the argument that Apholz stating he had a medical marijuana card was enough to put the City on notice that he had a disability 3.50 11/23/2022 EH Researched cases to support the argument that Apholz stating he had a medical marijuana card was enough to put the City on notice that he had a disability 8.40 KAL Revise Memorandum of law 0.80 11/28/2022 KAL Revise response to SJ motion; draft letter to judge 1.60 EH Finished revised draft of the reply to the defendant's motion for summary judgement, researched whether a motion for summary judgement had to include a statement of undisputed facts 6.50 11/29/2022 KAL Revise SJ response 1.20 EH Edited reply to defendant's motion for summary judgment according to Kevin's edits, did further research on whether a drug-testing facility is an agent of the FILED: MONTGOMERY COUNTY CLERK 09/05/2023 06:07 PM INDEX NO. EF2021-129 NYSCEF DOC. NO. 124 RECEIVED NYSCEF: 09/05/2023 Thomas Apholz Statement Date: 09/05/2023 Account No. 2029.001 Statement No. 1482 RE: Employment Matter Page No. 10 Hours City, researched the Compassionate Care Act of 2014 and the NY Public Health Law to find a way to prove that the failure to discuss a reasonable accommodation claim of action was in the notice of claim 7.70 11/30/2022 KAL Letter to judge; revise response to SJ motion 2.20 EH Researched whether a notice of claim was required for this action given the ruling in Margerum v. City of Buffalo, wrote an argument in the reply to the defense's motion for summary judgment that the notice of claim was not required, wrote an argument that if a notice of claim was required, Plaintiff's notice of claim included the second cause of action, wrote an argument that if Plaintiff's notice of claim was insufficient and did not include the second cause of action, then the court could disregard the omission because it was in good faith and did not prejudice the defendant 8.70 12/01/2022 EH Researched whether Defendant was required to raise an insufficient notice of claim as an affirmative defense in its answer, finished first draft of the argument that the notice of claim was sufficient, edited notice of claim argument according to Kevin's edits, placed exhibit names into the reply to the motion for summary judgement, edited reply to motion for summary judgement according to Kevin's edits 6.30 KAL Multiple revisions to Memo of law 2.30 12/02/2022 KAL Multiple revisions to Memo of law 1.00 EH Edited references to exhibits in the reply to the defendant's motion for summary judgement, edited list of exhibits, created an affirmation in opposition to defendant's motion for summary judgement, edited reply to defendant's motion for summary judgment according to Kevin's edits 4.40 12/05/2022 EH Continued to edit reply to defendant's motion for summary judgment according to Kevin's edits, placed all exhibits in one folder in R file 6.00 KAL Finalize Memo of law 1.20 JLM Format EEOC exhibit into document that meets filing requirements 0.20 12/06/2022 JLM Redraft letter to Judge Slezak re word limit extension; electronically file letter via NYSCEF 0.30 12/07/2022 KAL Review multiple court orders/letters 0.70 12/08/2022 JLM Revise memo of law citations; insert case law citations; assemble and format exhibits; draft 22 NYCRR 202.8-b certifications; draft table of contents; draft and format table of authorities; file and serve via NYSCEF memo of law and affirmation with Exhibits A-N 6.00 12/09/2022 JLM Download and review order of Judge Slezak re motion schedule; diary dates 0.20 12/30/2022 JLM Review and download letter from defense counsel re extension to serve reply 0.20 01/03/2023 JLM Review and download order re extension of time to file reply 0.20 01/04/2023 KAL Review filed applications and order 0.30 01/26/2023 JLM Assemble required documentation and draft request to NYSUBRO for an FILED: MONTGOMERY COUNTY CLERK 09/05/2023 06:07 PM INDEX NO. EF2021-129 NYSCEF DOC. NO. 124 RECEIVED NYSCEF: 09/05/2023 Thomas Apholz Statement Date: 09/05/2023 Account No. 2029.001 Statement No. 1482 RE: Employment Matter Page No. 11 Hours interim lien request 1.00 03/02/2023 JLM Telephone calls and emails w/HMS and OMIG re interim Medicaid lien amount 0.60 JLM Review file to prepare for supplemental pretrial discovery disclosures 1.30 03/06/2023 JLM Review HMS letter re lien; update records 0.20 04/19/2023 JLM Download and review summary judgment decision from NYSCEF; diary pretrial conference date w/Teams info; determine amount of legal fees/expenses; review file re Medicaid lien and notification to defense 0.60 04/27/2023 KAL Prepare for conference 0.40 05/01/2023 JLM Download and review notice of appeal w/initial informational statement; diary deadline for defendant to perfect appeal 0.30 05/04/2023 KAL Prepare for and conduct conference with judge 2.20 05/09/2023 ARS Reviewed defendant's motion for stay of trial pending appeal; drafted response to defendant's motion for stay of trial pending appeal; researched when CPLR 5519(a)(1) and (b) stays apply (40-50 cases and statutes): 5.00 05/10/2023 ARS Drafted response to defendant's motion for stay of trial pending appeal; researched when CPLR 5519(b) stays apply, factors for granting discretionary CPLR 5519(c) stays (70-80 cases and statutes) 7.50 05/11/2023 EH Searched through depositions and medical records to determine who needed to be sent a subpoena as a witness; created subpoenas for witnesses needed for trial: 2.40 ARS Revise response to defendant's motion for stay in 3d Dept; researched summary judgment burden vs trial burden for employment discrimination, examples of prejudice caused by staying proceedings, appellate court standards for granting stays (40-50 cases) 6.00 JLM Format subpoenas for trial witnesses 0.20 05/12/2023 ARS Revise response to defendant's motion for stay in 3d Dept; prepared motion response for filing and serving upon defendant 3.50 05/15/2023 JLM Record representation at AD3d; format and electronically file plaintiff's response to defendant's motion for stay 0.50 05/17/2023 ARS Researched whether 3d Dept has to decide on stays within a specific period of time 0.30 JLM Review CPLR §§2302, 2302(a) and 2307 re trial subpoena issuance to municipality; research re witness subpoenas/court order 1.20 EH Edited five subpoenas 0.70 EH Researched the statute that requires a judge's signature to issue subpoenas for municipal employees 0.60 EH Drafted a notice of motion for the issuance of subpoenas 0.40 EH Drafted an affirmation for the motion for the issuance of