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IN THE DISTRICT COURT IN AND FOR TULSA CO!
STATE OF OKLAHOMA
NAAN
TULSA AIRPORTS IMPROVEMENT )
TRUST, )
Plaintiff, )
Vv. ) Case No. SC-2023-162
)
FRANK MONTERO. )
)
Defendant. )
MOTION TO TAX PREVAILING PARTY COSTS AND ATTORNEYS’ FEES AND
BRIEF IN SUPPORT
An order awarding prevailing party costs and attorneys’ fees in favor of Tulsa Airports
Improvement Trust (“TAIT”) is hereby sought against Defendant Frank Montero in the aggregate
sum of $29,858.00 (comprised of prevailing party attorneys’ fees in the sum of $29,510.00 and
prevailing party costs in the sum of $348.00).
BRIEF IN SUPPORT
As the prevailing party, TAIT is entitled to an award of the attorneys’ fees and costs it has
incurred in connection with this dispute, and hereby seeks an award thereof.
A OKLAHOMA FOLLOWS THE AMERICAN RULE REGARDING RECOVERY OF
ATTORNEYS’ FEES
Oklahoma follows the American Rule concerning recovery of attorneys’ fees in litigation.
See, e.g. Kay v. Venezuelan Sun Oil Co., 1991 OK 16, 9 5, 806 P.3d 234, 243. Thus, Oklahoma
law provides that a party may recover attorneys’ fees if such recovery is pursuant to statute or by
contract. TAIT’s entitlement to an award of prevailing party attorneys’ fees exists by reason of 12
O.S. § 1148.9 since it prevailed in this forcible entry action.
B. TAIT Is ENTITLED TO AN AWARD OF PREVAILING PARTY ATTORNEYS’ FEES AND
COSTS PURSUANT TO 12 O.S. § 1148.9
EFC eb
JUN 21 2023
DON NEWBER.RY,TULCourt Clr
STATE OF OKLA
As prevailing party, TAIT is entitled to recover its attorneys’ fees from Mr. Montero per
12 O.S. § 1148.9 which provides as follows:
A reasonable attorney fee shall be allowed by the Court to the prevailing
party.
As reflected in the Affidavit of J. Patrick Mensching attached hereto as Exhibit “A”, and
as reflected therein as Exhibit “1”, TAIT has incurred recoverable attorneys’ fees in this action in
the sum of $29,510.00. Accordingly, TAIT is entitled to an award of the attorneys’ fees it has
incurred in this action in that amount.
Cc TAIT Is ENTITLED TO RECOVER THE PREVAILING PARTY CosTs IT HAS
INCURRED IN THIS ACTION
TAIT also seeks an award of the court costs it has incurred in prosecuting this action
pursuant to 12 O.S. §§ 927 - 930. As reflected in the Affidavit of J. Patrick Mensching attached
hereto as Exhibit “A”, and as reflected therein as Exhibit “2”, TAIT has incurred recoverable
costs in this action in the sum of $348.00. Accordingly, TAIT is entitled to an award of costs
incurred in that amount.
D. THE ATTORNEYS’ FEES SOUGHT HEREIN ARE REASONABLE UNDER THE
CIRCUMSTANCES
The reasonableness of attorney’s fees is to be determined by the consideration of the factors
set forth in State ex rel Burk v. City of Oklahoma City, 1979 OK 15 48, 598 P.2d 659, 661. See
also, Simler v. Conner, 352 F.2d 138 (10" Cir. 1965), cert denied, 383 U.S. 928. Those factors
have, for the most part, been incorporated in Rule 1.5(a) of Oklahoma’s Rules of Professional
Conduct, which provides:
(a) A lawyer’s fee shall be reasonable. The factors to be considered in determining the
reasonableness of a fee include the following:
The time and labor required, the novelty and difficulty of the questions involved,
and the skill requisite to perform the legal service properly;
The likelihood, if apparent to the client, that the acceptance of the particular
employment will preclude other employment by the lawyer;
The fee customarily charged in the locality for similar legal services;
The amount involved and results obtained;
The time limitations imposed by the client or by the circumstances;
The nature and length of the professional relationship with the client;
The experience, reputation and ability of the lawyer or lawyers performing the
services; and
8 Whether the fee is fixed or contingent.
Although Oklahoma courts have numerous factors to consider in determining the amount
of attorneys’ fees to be awarded, the touchstone for calculating reasonable attorneys’ fees is the
multiplication of the number of hours expended by a reasonable hourly rate. See Burk. This is
commonly referred to as the “lodestar calculation”.
The Affidavit of J. Patrick Mensching attached hereto, and the detailed listing of
professional services rendered for and on behalf of TAIT in this action which is appended thereto,
establish the fees it incurred in bringing and prosecuting this action at $29,510.00. [Affidavit of J.
Patrick Mensching, attached hereto as Exhibit “A” at ¥ 13].
Timekeeper Position Total Hours Hourly Rate Total
J. Patrick Mensching Attorney 44 $335.00 $1,474.00
J. Patrick Mensching Attorney 66.6 $345.00 22,977.00
Jon E. Brightmire Attorney 9 $380.00 342.00
Jon E. Brightmire Attorney 10.3 $390.00 4,017.00
Abby L. Lamprecht Attorney 3.5 $200.00 700.00
Totals: 85.7 $29,510.00
The fees charged are consistent with the fees customarily charged by lawyers in Tulsa
County for similar work involving determined pro se parties. The time records have been reviewed
in detail by counsel in order to exercise billing discretion. Both the hours expended bringing and
prosecuting this action to a successful conclusion, as well as the hourly rates charged, are both
reasonable.
The reasonable attorneys’ fee analysis does not stop there. After calculating the lodestar
fee, the Court may modify the lodestar fee by considering, amount other things: (1) the time and
labor involved, (2) the novelty and complexity of the issues, (3) the level of competence required
for the attorneys to provide effective legal service, (4) the customary fee, (5) whether the fee is
fixed or contingent, (6) the desired recovery and results actually obtained, (7) the attorneys’ skill
and reputation, (8) the undesirability of the case, and (9) awards in similar cases. Burk, 8, (quoting
Evans v. Sheraton Park Hotel, 503 F.2d 177, 187 (D.C. Cir. 1974); Spencer v. OG&E, 2007 OK
76, J 13, 171 P.3d 890 (finding that failure to follow Burk guidelines is an abuse of discretion);
Finnell v. Jebco Seismic, 2003 OK 35, J 17, 67 P.3d 339; Hall v. Globe Life and Accident Ins. Co.,
1998 OK CIV APP 163, 8, 968 P.2d 1260.
In preparing this Motion, and in addition to the detailed listing of professional services
attached to the Affidavit in Support of TAIT’s Motion to Tax Costs and Attorneys’ Fees as Exhibit
“1”, TAIT’s counsel has followed the guidelines set forth in Johnson v. Georgia Highway Express,
Inc., 88 F.2d 714 (5" Cir. 1974); Burke; and Robert L. Wheeler, Inc. v. Scott, 1989 OK 106, 777
P.2d 394 (Okla. 1989).
CONCLUSION
Oklahoma law supports the imposition of liability for costs and attorneys’ fees against Mr.
Montero. The facts and circumstances giving rise to the expenditure of time and resources that
resulted in the costs and fees sought by TAIT herein justifies the contention that the amount
claimed is reasonable under Oklahoma law. Therefore, TAIT respectfully urges the Court to award
TAIT its reasonable attorneys’ fees and costs against Mr. Montero in the aggregate amount of
$29,858.00, consisting of attorneys’ fees in the amount of $29,510.00, and costs incurred in the
amount of $348.00, plus such other and further relief as the Court deems just and proper.
DOERNER, SAUNDERS, DANIEL
. Patrick Mensching, OBA No. 6136
Two West Second Street, Suite 700
Tulsa, OK 74103-3117
Telephone 918.591.5240
Facsimile 918.925.5240
Email pmensching@dsda.com
ATTORNEYS FOR TULSA AIRPORTS
IMPROVEMENT TRUST
CERTIFICATE OF SERVICE
The undersigned hereby certifies that on June 2g, 2023, true and correct copies of the above
and foregoing were mailed via certified and first class mail to:
Frank Montero
10041 South 915 East Avenue
Tulsa, OK 74133-6122
Frank Montero
429 Lafayette St.
Bristol, PA 19007
and also emailed to Mr. Montero:
frankmonte251@gmail.com
* Patrick Mensching
6537640.1
IN THE DISTRICT COURT IN AND FOR TULSA COUNTY
STATE OF OKLAHOMA
TULSA AIRPORTS IMPROVEMENT )
TRUST, )
Plaintiff, )
Vv. ) Case No. SC-2023-162
)
FRANK MONTERO,
)
Defendant. )
AFFIDAVIT IN SUPPORT OF MOTION OF PLAINTIFF TO TAX COSTS AND
ATTORNEY’S FEES AGAINST DEFENDANT
STATE OF OKLAHOMA )
) ss:
COUNTY OF TULSA )
J. Patrick Mensching, of lawful age, being first duly sworn upon oath, states as follows:
1 1 am an attorney with the firm of Doemer, Saunders, Daniel and Anderson, LLP
(“Firm”).
2. I am the attorney of record for Plaintiff, Tulsa Airports Improvement Trust
(“TAIT”), in this civil action. This Affidavit is based upon my own personal knowledge of the
matters set forth herein and the records contemporaneously maintained by the Firm.
3 I was admitted to the practice of law in Oklahoma in October, 1982, and have been
continuously admitted since that date.
4 I maintain a general practice of law with areas of concentration in construction law,
construction litigation and commercial law. My legal and practical experience with respect to the
subject matter involved in this unique action is substantial and was sufficient to deal with the
complexity and scope of this case.
Exhibit A
5. The time spent by our attorneys handling this matter for TAIT has been charged at
the fixed hourly rates shown in in the chart below.
Timekeeper Hourly Rate
J. Patrick Mensching $345.00
Jon E. Brightmire $390.00
Abby L. Lamprecht $200.00
6 My fixed hourly rate charged in this matter is at the higher end of the range which
is my customary hourly fee for litigation against determined pro se litigants. The Firm has no fixed
fee arrangement with TAIT, nor was it employed on a contingent fee basis.
7
Attached hereto as Exhibit “1” is a detailed listing of the professional services the
Firm rendered to TAIT in the successful prosecution of this action. The professional services
devoted to that representation are reflected by time entries and task descriptions, with the time
devoted to each task noted in increments of time following each task description.
8 The time entries listed in Exhibit “1” reflect the reasonable and necessary time the
Firm devoted to the tasks required to promptly, properly and efficiently fulfill the Firm’s
contractual and ethical obligation to TAIT relative to the representation thereof in this action.
9. The charges reflected in the time listing attached hereto as Exhibit “1” have been
submitted by the Firm in monthly invoices to TAIT for payment and TAIT has paid the subject
invoices in full.
10. I have reviewed Exhibit “1” in detail in order to exercise billing discretion. As
appropriate, I have exercised billing discretion and written off time for legal work performed or
time otherwise billable to TAIT in this matter. The itemized time for which TAIT has been
charged, broken down by timekeeper, is as follows:
Timekeeper Position Total Hours Hourly Rate Total
J. Patrick Mensching Attorney 44 $335.00 $1,474.00
J. Patrick Mensching Attorney 66.6 $345.00 22,977.00
Jon E. Brightmire Attorney $380.00 342.00
Jon E. Brightmire Attorney 10.3 $390.00 4,017.00
Abby L. Lamprecht Attorney 3.5 $200.00 700.00
Totals: 85.7 $29,510.00
11. Following the guidelines of Rule 1.5 of Oklahoma’s Rules of Professional Conduct,
Johnson v. Georgia Highway Express, Inc., 88 F.2d 714 (6" Cir. 1974); State ex rel. Burke v.
Oklahoma City, 1979 OK 115, 598 P.2d 659 and Robert L. Wheeler, Inc., v. Scott, 1989 OK 106,
777 P.2d 394, I have analyzed the time records, attorneys’ fees and recoverable costs and expenses
sought by TAIT in its Motion to Tax Prevailing Party Attorneys’ Fees and Costs, all as reflected
in Exhibit “1” to determine the applicability and reasonableness thereof with respect to this matter,
and based on that analysis, I have reduced the total attorneys’ fees sought by $4,224.78. I believe
the attorneys’ fees and expenses sought as set forth in this Affidavit have been necessarily incurred
in this action.
12. Based on the foregoing and the documents attached hereto and incorporated herein
by reference, TAIT seeks an award of prevailing party costs and attorneys’ fees in the aggregate
amount of $29,858.00, consisting of $348.00 in costs and $29,510.00 in attorneys’ fees, against
Defendant, Frank Montero in accordance with the Judgment filed herein on May 31, 2023.
FURTHER AFFIANT SAYETH NOT.
J. Patrick Mensching
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6537672.1
DOERNER SAUNDERS
DANIEL. ANDERSON
January 27, 2023
Tulsa Municipal Airport Trust Invoice No.: 253954
Nancy McNair Client No.: 016826
P.O. Box 581838 Matter No.: 00018
Tulsa, OK 74158 Billing Attorney: 351
INVOICE SUMMARY
For Professional Services Rendered for the period ending: December 30, 2022.
RE: Tulsa Airports Improvement Trust-Montero Eviction
Total Professional Services $ 1,816.00
Less Discount $ -272.40
Net Professional Services $ 1,543.60
Total Disbursements $ .00
TOTAL THIS INVOICE $ 1,543.60
EXHIBIT
1
Accounting Department 918.591.5291 918.582.1211 405.319.3500
918.925.5291 918.591.5360 405.319.3509,
com ‘Wikems Conter Tower i
Tusa,OK ‘Twa West Second Street, Suite 700 210 Bort Ave, Sute 1200
Tulaa,OK 74103-3117 ‘Cary.
OK 73102
www.deda.com
__DOERNER SAUNDERS DANIEL & ANDERSON
Client No.: 016826 January 27, 2023
Matter No.: 00018 Invoice No.: 253954
RE: Tulsa Airports Improvement Trust-Montero Eviction
PROFESSIONAL SERVICES
Date Tkpr Description Hours Amount
12/19/22 351 Phone call with Mr. Shaw regarding the initiation of eviction 114.00
proceedings.
12/20/22 351 Conference with Pat Mensching to give him background on cases and to 60 228.00
discuss starting eviction proceedings against Mr. Montero.
12/21/22 428 Reviewed the TAIT Montero files; reviewed public record resources to 1.80 603.00
learn more about him and emailed Mr. Shaw with questions.
12/22/22 428 Reviewed and responded to multiple emails regarding posting of the 268.00
Notice of Termination and the forwarding thereof via certified mail.
12/22/22 428 Prepared the Austin Wheeler Affidavit regarding posting of the Notice of 70 234.50
Termination.
12/22/22 428 Drafted the eviction pleadings. 70 234.50
12/27/22 428 Reviewed Mr. Montero's Motion to Vacate and Judge Drummond's 134.00
Order granting same.
TOTAL PROFESSIONAL SERVICES $ 1,816.00
Less Discount $ -272.40
NET PROFESSIONAL SERVICES $ 1,543.60
SUMMARY OF PROFESSIONAL SERVICES
Name Tkpr Timekeeper Level Hours Total
Brightmire, Jon E. 351 Partner 90 380.00 342.00
Mensching, J. Patrick 428 Partner 4.40 335.00 1,474.00
Total 5.30 $ 1,816.00
TOTAL THIS INVOICE $ 1,543.60
DOERNER SAUNDERS
DANIEL ANDERSON
February 10, 2023
Tulsa Airports Improvement Trust Invoice No.: 254295
Jeff Shaw, CM, ACP Client No.: 016826
Director of Risk and Legal Services Matter No.: 00018
jeffshaw@tulsaairports.com Billing Attorney: 351
INVOICE SUMMARY
For Professional Services Rendered for the period ending: January 31, 2023.
RE: Tulsa Airports Improvement Trust-Montero Eviction
Total Professional Services $ 4,770.00
Less Discount $ -715.50
Net Professional Services $ 4,054.50
Total Disbursements $ 167.95
TOTAL THIS INVOICE $ 4,222.45
Outstanding Balance 1,543.60
TOTAL BALANCE DUE —$5,766.05
Accounting Department 918.591.5291 918.582.1211 405.319.3500
918.925.5291 918.591.5360 405.319.3509
com Weliams Center Tower i Tower
Tulsa, OK Two West: ‘Skreet. Suite 700 210 Park Avenua, Sute 1200
Tulaa, OK 74108-3117 (OkishomaCty. OK 73102
www.dsda.com
DOERNER SAUNDERS DANIEL & ANDERSON
Client No.: 016826 February 10, 2023
Matter No.: 00018 Invoice No.: 254295
RE: Tulsa Airports Improvement Trust-Montero Eviction
PROFESSIONAL SERVICES
Date Tkpr Description Hours Amount
1/10/23 428 Reviewed the server's negative return at Mr. Montero's Residence. .20 69.00
1/13/23 428 Plan and prepare for trial. 2.10 724.50
1/17/23 428 Reviewed the service return for the FED Summons. 20 69.00
1/18/23 428 Email to client regarding time and place of tomorrow's FED hearing. 30 103.50
1/18/23 428 Prepared the Judgment for tomorrow's hearing. 138.00
1/18/23 428 Prepared the mandatory CARES ACT affidavit. 50 172.50
1/19/23 428 Preparation for and appearance at the eviction hearing. 2.10 724.50
1/25/23 428 Reviewed Judgment, forwarded it to TAIT, forwarded it to Mr. Montero and 138.00
prepared Certificate of Service to that effect.
1/26/23 351 Receive and review Mr. Montero's motion to vacate eviction judgment, and 20 78.00
forward to Pat Mensching and clients.
1/26/23 428 Reviewed the FAA's regulations regarding hangar use. 20 69.00
1/26/23 428 Reviewed Mr. Montero's Motion to Vacate the FED Judgment. 138.00
1/27/23 428 Reviewed Notice of Hearing on Mr. Montero's Motion to Vacate. 30 103.50
1/30/23 428 Conference with the process server regarding Thursday's hearing. 30 103.50
1/30/23 428 Reviewed and forwarded the posting photograph to Mr. Montero. 30 103.50
1/30/23 428 Commenced preparation of Objection to Montero's Motion to Vacate. 4.30 1,483.50
1/31/23 428 Forwarded the Subpoena to the process server. .20 69.00
1/31/23 428 Finalized the Objection to Mr. Montero's Motion to Vacate; filed that 1.40 483.00
Objection and emailed a copy thereof to Mr. Montero.
TOTAL PROFESSIONAL SERVICES $ 4,770.00
Less Discount $ -715.50
NET PROFESSIONAL SERVICES $ 4,054.50
SUMMARY OF PROFESSIONAL SERVICES
Name Tkpr Timekeeper Level Hours Total
Brightmire, Jon E. 351 Partner 20 390.00 78.00
Mensching, J. Patrick 428 Partner 13.60 345.00 4,692.00
Total 13.80 $ 4,770.00
DOERNER SAUNDERS DANIEL & ANDERSON
Client No.: 016826 February 10, 2023
Matter No.: 00018 Invoice No.: 254295
DISBURSEMENTS
Date Description Amount
1/11/23 Bryan Smith & Asso. Inc., Process server charge, 8187135 150.00
Postage 17.95
TOTAL DISBURSEMENTS $ 167.95
TOTAL THIS INVOICE $ 4,222.45
DOERNER SAUNDERS
DANIEL ANDERSON
March 16, 2023
Tulsa Airports Improvement Trust Invoice No.: 255192
Jeff Shaw, CM, ACP Client No.: 016826
Director of Risk and Legal Services Matter No.: 00018
jeffshaw@tulsaairports.com Billing Attorney: 351
INVOICE SUMMARY
For Professional Services Rendered for the period ending: February 28, 2023.
RE: Tulsa Airports Improvement Trust-Montero Eviction
Total Professional Services $ 8,342.00
Less Discount $ -1,251.30
Net Professional Services $ 7,090.70
Total Disbursements $ 91.80
TOTAL THIS INVOICE $ 7,182.50
Accounting Department. 918.591.5291 918.582.1211 405.319.3500
918.925.5291 918.591.5360 405.319.3509
bitingedsda.com ‘Wittoms Canter Tower It
Tulsa, OK ‘Two West Second Street, Suite 700 210 Port Averue, Suen 1200
Tulsa, OK 74103-3117, ‘Okdehoma Gry, OK 73102
www.dsda.com
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SAUNDERS DANIEL & ANDERSON
Client No.: 016826 March 16, 2023
Matter No.: 00018 Invoice No.: 255192
RE: Tulsa Airports Improvement Trust-Montero Eviction
PROFESSIONAL SERVICES
Date Tkpr Description Hours Amount
2/01/23 428 Emails to client regarding the Objection to Mr. Montero's Motion to 103.50
Vacate and tomorrow's hearing.
2/02/23 428 Conference with process server regarding today's hearing. .20 69.00
2/02/23 428 Preparation for and appearance at hearing on the Motion to Vacate. 1.30 448.50
2/02/23 428 Commenced preparations for the February 24 hearing. 276.00
2/03/23 428 Reviewed the FAA's denial of Mr. Montero's Complaint. 103.50
2/10/23 428 Commenced preparation for the upcoming trial. 207.00
2/13/23 428 Continued preparations for the upcoming trial. 5.60 1,932.00
2/14/23 428 Continued preparation for trial. 4.20 1,449.00
2/16/23 428 Reviewed the Notice of Termination Letter envelope marked Refused .20 69.00
2/16/23 428 Reviewed the envelope containing the Petition which went unclaimed. .20 69.00
2/15/23 428 Conference with opposing counsel who advises he is withdrawing. .20 69.00
2/20/23 428 Continued preparations for Friday's hearing. 2.20 759.00
2/21/23 428 Continued preparation for the trial and today's trial prep. 2.70 931.50
2/21/23 428 Conference with witnesses at the airport. 1.60 552.00
2/22/23 428 Reviewed Mr. Montero's Motion to Dismiss and drafted response thereto. 276.00
2/23/23 428 Conference with the Court Clerk for a court reporter at Friday's hearing. 20 69.00
2/23/23 428 Finalized the Objection to Mr. Montero's latest Motion to Dismiss. 20 69.00
2/23/23 428 Reviewed Mr. Montero's Answer claiming title to the property. 40 138.00
2/23/23 428 Reviewed Mr. Montero's Motion For a Continuance. 30 103.50
2/24/23 603 Attend hearing with Pat Mensching. 1.00 200.00
2/24/23 428 Third Court Appearance in the eviction matter. 1.10 379.50
2/27/23 428 Reviewed Stephen Gray's Motions to Withdraw and impose attorneys .20 69.00
lien.
TOTAL PROFESSIONAL SERVICES $ 8,342.00
Less Discount $ -1,251.30
NET PROFESSIONAL SERVICES $ 7,090.70
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SAUNDERS
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DANIEL & armen
ANDERSON
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Client No.: 016826 March 16, 2023
Matter No.: 00018 Invoice No.: 255192
SUMMARY OF PROFESSIONAL SERVICES
Name Tkpr Timekeeper Level Hours Rate Total
Lamprecht, Abby L. 603 Associate 1.00 200.00 200.00
Mensching, J. Patrick 428 Partner 23.60 345.00 8,142.00
Total 24.60 $ 8,342.00
DISBURSEMENTS
Date Description Amount
2/02/23 Austen Hendrickson, Process server charge, 2023-01 90.00
2/20/23 Tulsa County Court Clerk, Court Reporter Fees, 16826.18 20.00
2/20/23 Tulsa County Court Clerk, Court Reporter Fees, 16826.18 Void Check # - -20.00
000158745
Postage 1.80
TOTAL DISBURSEMENTS $91.80
TOTAL THIS INVOICE $ 7,182.50
BILLING HISTORY
Transaction Date Transaction Type Invoice# Amount Balance
Balance Forward $ 5,766.05
3/07/23 Receipt 253954 $ -1,543.60 $ 4,222.45
3/07/23 Receipt 254295 $ -4,222.45 $ .00
a
DOERNER SAUNDERS
DANIEL ANDERSON
TIP LAWYERS
April 18, 2023
Tulsa Airports Improvement Trust Invoice No.: 256069
Jeff Shaw, CM, ACP Client No.: 016826
Director of Risk and Legal Services Matter No.: 00018
jeffshaw@tulsaairports.com Billing Attorney: 351
INVOICE SUMMARY
For Professional Services Rendered for the period ending: March 31, 2023.
RE: Tulsa Airports Improvement Trust-Montero Eviction
Total Professional Services $ 1,345.50
Total Disbursements $ 51.20
TOTAL THIS INVOICE $ 1,396.70
Accounting Department 918.591.5291 918.582.1211 405.319.3500
918.925.5291 918.591.5360 405.319.3509
bitingedsde.com ‘Witams Center Tower
Tulsa,OK ‘Two West Second
ulna, OK 741033117
‘Suite 700 210 Par avn
Cay,
Sate 1200
OK 73102
www.deda.com
DOERNER SAUNDERS
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Pemramemmeme arte Anne me A Re
DANIEL
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& ANDERSONma rm
Client No.: 016826 April 18, 2023
Matter No.: 00018 Invoice No.: 256069
RE: Tulsa Airports Improvement Trust-Montero Eviction
PROFESSIONAL SERVICES
Date Tkpr Description Hours Amount
3/06/23 428 Reviewed FM's latest filing and fact checked same. 80 276.00
3/09/23 428 Reviewed denial of Mr. Montero's Motion to Stay 20 69.00
3/14/23 428 Reviewed Mr. Montero's Motion to Transfer and forwarded same to Jeff. 40 138.00
3/15/23 428 Reviewed and responded to request regarding the new gate code. 20 69.00
3/15/23 428 Reviewed the purported Deed referred to in Mr. Montero's Motion To 40 138.00
Transfer.
3/15/23 428 Initial draft of the Response to Mr. Montero's Motion To Transfer. 1.40 483.00
3/17/23 428 Forwarded the Response to Mr. Montero's Motion to Transfer to TAIT. 20 69.00
3/21/23 428 Reviewed Mr. Montero's Response to TAIT's response to his Motion to 30 103.50
transfer.
—————————————————————————————————————————
TOTAL PROFESSIONAL SERVICES $ 1,345.50
SUMMARY OF PROFESSIONAL SERVICES
Name Tkpr Timekeeper Level Hours Rate Total
Mensching, J. Patrick 428 Partner 3.90 345.00 1,345.50
Total 3.90 $ 1,345.50
DISBURSEMENTS
Date Description Amount
3/07/23 Security Bank - Purchase Card, Court Reporter Fees, FEB23 50.00
Postage 1.20
TOTAL DISBURSEMENTS $ 51.20
TOTAL THIS INVOICE $ 1,396.70
DOERNER SAUNDERS
DANIEL ANDERSON
May 3, 2023
Tulsa Airports Improvement Trust Invoice No.: 256999
Jeff Shaw, CM, ACP Client No.: 016826
Director of Risk and Legal Services Matter No.: 00018
jeffshaw@tulsaairports.com Billing Attorney: 351
INVOICE SUMMARY
For Professional Services Rendered for the period ending: April 30, 2023.
RE: Tulsa Airports Improvement Trust-Montero Eviction
Total Professional Services $ 6,201.50
Less Discount $ -930.23
Net Professional Services $ 5,271.27
Total Disbursements $ 24.08
TOTAL THIS INVOICE $ 5,295.35
Outstanding Balance $ 1,396.70
TOTAL BALANCE DUE —$ 6,692.05
Accounting Department 918.591.5291 918.582.1211 405.319.3500
918.925.5291 918.591.5360 405.319.3509
bilingedsde.com ‘Wekems Center Tower i
‘Tulsa, OK ‘Two West Second Street. Suite 700 210 Park Avenue, Sute 1200
‘Telaa,
OK 74108-3117 Cry, OK 73102
www.dsda.com
DOERNER SAUNDERS
sen a
DANIEL & ANDERSON
Client No.: 016826 May 3, 2023
Matter No.: 00018 Invoice No.: 256999
RE: Tulsa Airports Improvement Trust-Montero Eviction
PROFESSIONAL SERVICES
Date Tkpr Description Hours Amount
4/03/23 351 Receive and respond to email from Jeff Shaw regarding whether Judge -10 39.00
Bruce will recuse.
4/04/23 428 Reviewed the email string regarding Mr. Montero's new federal court suit .20 69.00
and his "Notice of Transfer."
4/05/23 428 Reviewed all pleadings filed in Mr. Montero's latest Federal Court filing. 80 276.00
4/05/23 428 Reviewed Mr. Montero's Notice of Transfer and drafted proposed response 1.20 414.00
thereto.
4/06/23 428 Finalized the Response to Mr. Montero's Notice of Transfer. 20 69.00
4/06/23 428 Complied with Court Order compelling exchange of trial exhibits. 80 276.00
4/06/23 428 Forwarded the Response to Notice of Transfer to TAIT. 10 34.50
4/10/23 428 Initial review of Mr. Montero's emailed trial exhibits. 30 103.50
4/11/23 428 Reviewed FM's latest pleadings in all three cases. 1.10 379.50
4/13/23 351 Attend board meeting to give update on litigation and answer questions. 80 312.00
4/13/23 428 Prepared for tomorrow's trial. 4.00 345.00
4/14/23 428 First day of trial in the Mr. Montero eviction. 3.20 1,104.00
4/14/23 428 Reviewed Judge Frizzell’s three orders remanding the eviction case . 20 69.00
4/14/23 428 Reviewed Mr. Montero's 10th Circuit Notice of Appeal. 20 69.00
4/14/23 428 Reviewed Mr. Montero's unfiled Motion to Transfer Case. 20 69.00
4/14/23 428 Reviewed the 2014 Case and Mr. Montero's claim that the reformation 90 310.50
order was valid as of November 30, 2022.
4/17/23 351 Conference with Pat Mensching regarding eviction case. 117.00
4/18/23 351 Receive and review motion to reconsider filed by Mr. Montero in the federal 78.00
court case.
4/18/23 428 Reviewed Mr. Montero's Motion to Reconsider filed in the latest filed 103.50
federal court case.
4/18/23 428 Reviewed Judge Frizzell’s denial of Mr. Montero's Motion to Reconsider. 103.50
4/18/23 428 Conference with associate to assign research on Mr. Montero's claim that 60 207.00
dismissal of a case voids all substantive rulings therein.
4/20/23 603 Receive assignment from Pat to research the status of past orders ina 1.00 200.00
dismissed claim. Research the same.
4/21/23 603 Research post-dismissal orders. Send the same research to Pat for his 1.50 300.00
review.
4/24/23 351 Receive and review application for writ of prohibition filed by Mr. Montero 195.00
with the Oklahoma Supreme Court, and review docket entry made by
court.
4/24/23 428 Reviewed Mr. Montero's Petition to Assume Original Jurisdiction. 172.50
a
DOERNER SAUNDERS
ave
DANIEL & ANDERSON
Client No.: 016826 May 3, 2023
Matter No.: 00018 Invoice No.: 256999
Date Tkpr Description Hours Amount
4/24/23 428 Reviewed Abby's short memo regarding the effect of a dismissal on prior .20 69.00
orders.
4/26/23 351 Receive and review order of Supreme Court regarding
Preview
“ Ree ee ee eee IN THE DISTRICT COURT IN AND FOR TULSA CO! STATE OF OKLAHOMA NAAN TULSA AIRPORTS IMPROVEMENT ) TRUST, ) Plaintiff, ) Vv. ) Case No. SC-2023-162 ) FRANK MONTERO. ) ) Defendant. ) MOTION TO TAX PREVAILING PARTY COSTS AND ATTORNEYS’ FEES AND BRIEF IN SUPPORT An order awarding prevailing party costs and attorneys’ fees in favor of Tulsa Airports Improvement Trust (“TAIT”) is hereby sought against Defendant Frank Montero in the aggregate sum of $29,858.00 (comprised of prevailing party attorneys’ fees in the sum of $29,510.00 and prevailing party costs in the sum of $348.00). BRIEF IN SUPPORT As the prevailing party, TAIT is entitled to an award of the attorneys’ fees and costs it has incurred in connection with this dispute, and hereby seeks an award thereof. A OKLAHOMA FOLLOWS THE AMERICAN RULE REGARDING RECOVERY OF ATTORNEYS’ FEES Oklahoma follows the American Rule concerning recovery of attorneys’ fees in litigation. See, e.g. Kay v. Venezuelan Sun Oil Co., 1991 OK 16, 9 5, 806 P.3d 234, 243. Thus, Oklahoma law provides that a party may recover attorneys’ fees if such recovery is pursuant to statute or by contract. TAIT’s entitlement to an award of prevailing party attorneys’ fees exists by reason of 12 O.S. § 1148.9 since it prevailed in this forcible entry action. B. TAIT Is ENTITLED TO AN AWARD OF PREVAILING PARTY ATTORNEYS’ FEES AND COSTS PURSUANT TO 12 O.S. § 1148.9 EFC eb JUN 21 2023 DON NEWBER.RY,TULCourt Clr STATE OF OKLA As prevailing party, TAIT is entitled to recover its attorneys’ fees from Mr. Montero per 12 O.S. § 1148.9 which provides as follows: A reasonable attorney fee shall be allowed by the Court to the prevailing party. As reflected in the Affidavit of J. Patrick Mensching attached hereto as Exhibit “A”, and as reflected therein as Exhibit “1”, TAIT has incurred recoverable attorneys’ fees in this action in the sum of $29,510.00. Accordingly, TAIT is entitled to an award of the attorneys’ fees it has incurred in this action in that amount. Cc TAIT Is ENTITLED TO RECOVER THE PREVAILING PARTY CosTs IT HAS INCURRED IN THIS ACTION TAIT also seeks an award of the court costs it has incurred in prosecuting this action pursuant to 12 O.S. §§ 927 - 930. As reflected in the Affidavit of J. Patrick Mensching attached hereto as Exhibit “A”, and as reflected therein as Exhibit “2”, TAIT has incurred recoverable costs in this action in the sum of $348.00. Accordingly, TAIT is entitled to an award of costs incurred in that amount. D. THE ATTORNEYS’ FEES SOUGHT HEREIN ARE REASONABLE UNDER THE CIRCUMSTANCES The reasonableness of attorney’s fees is to be determined by the consideration of the factors set forth in State ex rel Burk v. City of Oklahoma City, 1979 OK 15 48, 598 P.2d 659, 661. See also, Simler v. Conner, 352 F.2d 138 (10" Cir. 1965), cert denied, 383 U.S. 928. Those factors have, for the most part, been incorporated in Rule 1.5(a) of Oklahoma’s Rules of Professional Conduct, which provides: (a) A lawyer’s fee shall be reasonable. The factors to be considered in determining the reasonableness of a fee include the following: The time and labor required, the novelty and difficulty of the questions involved, and the skill requisite to perform the legal service properly; The likelihood, if apparent to the client, that the acceptance of the particular employment will preclude other employment by the lawyer; The fee customarily charged in the locality for similar legal services; The amount involved and results obtained; The time limitations imposed by the client or by the circumstances; The nature and length of the professional relationship with the client; The experience, reputation and ability of the lawyer or lawyers performing the services; and 8 Whether the fee is fixed or contingent. Although Oklahoma courts have numerous factors to consider in determining the amount of attorneys’ fees to be awarded, the touchstone for calculating reasonable attorneys’ fees is the multiplication of the number of hours expended by a reasonable hourly rate. See Burk. This is commonly referred to as the “lodestar calculation”. The Affidavit of J. Patrick Mensching attached hereto, and the detailed listing of professional services rendered for and on behalf of TAIT in this action which is appended thereto, establish the fees it incurred in bringing and prosecuting this action at $29,510.00. [Affidavit of J. Patrick Mensching, attached hereto as Exhibit “A” at ¥ 13]. Timekeeper Position Total Hours Hourly Rate Total J. Patrick Mensching Attorney 44 $335.00 $1,474.00 J. Patrick Mensching Attorney 66.6 $345.00 22,977.00 Jon E. Brightmire Attorney 9 $380.00 342.00 Jon E. Brightmire Attorney 10.3 $390.00 4,017.00 Abby L. Lamprecht Attorney 3.5 $200.00 700.00 Totals: 85.7 $29,510.00 The fees charged are consistent with the fees customarily charged by lawyers in Tulsa County for similar work involving determined pro se parties. The time records have been reviewed in detail by counsel in order to exercise billing discretion. Both the hours expended bringing and prosecuting this action to a successful conclusion, as well as the hourly rates charged, are both reasonable. The reasonable attorneys’ fee analysis does not stop there. After calculating the lodestar fee, the Court may modify the lodestar fee by considering, amount other things: (1) the time and labor involved, (2) the novelty and complexity of the issues, (3) the level of competence required for the attorneys to provide effective legal service, (4) the customary fee, (5) whether the fee is fixed or contingent, (6) the desired recovery and results actually obtained, (7) the attorneys’ skill and reputation, (8) the undesirability of the case, and (9) awards in similar cases. Burk, 8, (quoting Evans v. Sheraton Park Hotel, 503 F.2d 177, 187 (D.C. Cir. 1974); Spencer v. OG&E, 2007 OK 76, J 13, 171 P.3d 890 (finding that failure to follow Burk guidelines is an abuse of discretion); Finnell v. Jebco Seismic, 2003 OK 35, J 17, 67 P.3d 339; Hall v. Globe Life and Accident Ins. Co., 1998 OK CIV APP 163, 8, 968 P.2d 1260. In preparing this Motion, and in addition to the detailed listing of professional services attached to the Affidavit in Support of TAIT’s Motion to Tax Costs and Attorneys’ Fees as Exhibit “1”, TAIT’s counsel has followed the guidelines set forth in Johnson v. Georgia Highway Express, Inc., 88 F.2d 714 (5" Cir. 1974); Burke; and Robert L. Wheeler, Inc. v. Scott, 1989 OK 106, 777 P.2d 394 (Okla. 1989). CONCLUSION Oklahoma law supports the imposition of liability for costs and attorneys’ fees against Mr. Montero. The facts and circumstances giving rise to the expenditure of time and resources that resulted in the costs and fees sought by TAIT herein justifies the contention that the amount claimed is reasonable under Oklahoma law. Therefore, TAIT respectfully urges the Court to award TAIT its reasonable attorneys’ fees and costs against Mr. Montero in the aggregate amount of $29,858.00, consisting of attorneys’ fees in the amount of $29,510.00, and costs incurred in the amount of $348.00, plus such other and further relief as the Court deems just and proper. DOERNER, SAUNDERS, DANIEL . Patrick Mensching, OBA No. 6136 Two West Second Street, Suite 700 Tulsa, OK 74103-3117 Telephone 918.591.5240 Facsimile 918.925.5240 Email pmensching@dsda.com ATTORNEYS FOR TULSA AIRPORTS IMPROVEMENT TRUST CERTIFICATE OF SERVICE The undersigned hereby certifies that on June 2g, 2023, true and correct copies of the above and foregoing were mailed via certified and first class mail to: Frank Montero 10041 South 915 East Avenue Tulsa, OK 74133-6122 Frank Montero 429 Lafayette St. Bristol, PA 19007 and also emailed to Mr. Montero: frankmonte251@gmail.com * Patrick Mensching 6537640.1 IN THE DISTRICT COURT IN AND FOR TULSA COUNTY STATE OF OKLAHOMA TULSA AIRPORTS IMPROVEMENT ) TRUST, ) Plaintiff, ) Vv. ) Case No. SC-2023-162 ) FRANK MONTERO, ) Defendant. ) AFFIDAVIT IN SUPPORT OF MOTION OF PLAINTIFF TO TAX COSTS AND ATTORNEY’S FEES AGAINST DEFENDANT STATE OF OKLAHOMA ) ) ss: COUNTY OF TULSA ) J. Patrick Mensching, of lawful age, being first duly sworn upon oath, states as follows: 1 1 am an attorney with the firm of Doemer, Saunders, Daniel and Anderson, LLP (“Firm”). 2. I am the attorney of record for Plaintiff, Tulsa Airports Improvement Trust (“TAIT”), in this civil action. This Affidavit is based upon my own personal knowledge of the matters set forth herein and the records contemporaneously maintained by the Firm. 3 I was admitted to the practice of law in Oklahoma in October, 1982, and have been continuously admitted since that date. 4 I maintain a general practice of law with areas of concentration in construction law, construction litigation and commercial law. My legal and practical experience with respect to the subject matter involved in this unique action is substantial and was sufficient to deal with the complexity and scope of this case. Exhibit A 5. The time spent by our attorneys handling this matter for TAIT has been charged at the fixed hourly rates shown in in the chart below. Timekeeper Hourly Rate J. Patrick Mensching $345.00 Jon E. Brightmire $390.00 Abby L. Lamprecht $200.00 6 My fixed hourly rate charged in this matter is at the higher end of the range which is my customary hourly fee for litigation against determined pro se litigants. The Firm has no fixed fee arrangement with TAIT, nor was it employed on a contingent fee basis. 7 Attached hereto as Exhibit “1” is a detailed listing of the professional services the Firm rendered to TAIT in the successful prosecution of this action. The professional services devoted to that representation are reflected by time entries and task descriptions, with the time devoted to each task noted in increments of time following each task description. 8 The time entries listed in Exhibit “1” reflect the reasonable and necessary time the Firm devoted to the tasks required to promptly, properly and efficiently fulfill the Firm’s contractual and ethical obligation to TAIT relative to the representation thereof in this action. 9. The charges reflected in the time listing attached hereto as Exhibit “1” have been submitted by the Firm in monthly invoices to TAIT for payment and TAIT has paid the subject invoices in full. 10. I have reviewed Exhibit “1” in detail in order to exercise billing discretion. As appropriate, I have exercised billing discretion and written off time for legal work performed or time otherwise billable to TAIT in this matter. The itemized time for which TAIT has been charged, broken down by timekeeper, is as follows: Timekeeper Position Total Hours Hourly Rate Total J. Patrick Mensching Attorney 44 $335.00 $1,474.00 J. Patrick Mensching Attorney 66.6 $345.00 22,977.00 Jon E. Brightmire Attorney $380.00 342.00 Jon E. Brightmire Attorney 10.3 $390.00 4,017.00 Abby L. Lamprecht Attorney 3.5 $200.00 700.00 Totals: 85.7 $29,510.00 11. Following the guidelines of Rule 1.5 of Oklahoma’s Rules of Professional Conduct, Johnson v. Georgia Highway Express, Inc., 88 F.2d 714 (6" Cir. 1974); State ex rel. Burke v. Oklahoma City, 1979 OK 115, 598 P.2d 659 and Robert L. Wheeler, Inc., v. Scott, 1989 OK 106, 777 P.2d 394, I have analyzed the time records, attorneys’ fees and recoverable costs and expenses sought by TAIT in its Motion to Tax Prevailing Party Attorneys’ Fees and Costs, all as reflected in Exhibit “1” to determine the applicability and reasonableness thereof with respect to this matter, and based on that analysis, I have reduced the total attorneys’ fees sought by $4,224.78. I believe the attorneys’ fees and expenses sought as set forth in this Affidavit have been necessarily incurred in this action. 12. Based on the foregoing and the documents attached hereto and incorporated herein by reference, TAIT seeks an award of prevailing party costs and attorneys’ fees in the aggregate amount of $29,858.00, consisting of $348.00 in costs and $29,510.00 in attorneys’ fees, against Defendant, Frank Montero in accordance with the Judgment filed herein on May 31, 2023. FURTHER AFFIANT SAYETH NOT. J. Patrick Mensching ye jaunt Ny WN LA if “Mn, S mn to before me nin lay of June, 2023. *% & elgg Borate f Bbpires: ea WS aot NOTAR -(, IBLIC Mi 6537672.1 DOERNER SAUNDERS DANIEL. ANDERSON January 27, 2023 Tulsa Municipal Airport Trust Invoice No.: 253954 Nancy McNair Client No.: 016826 P.O. Box 581838 Matter No.: 00018 Tulsa, OK 74158 Billing Attorney: 351 INVOICE SUMMARY For Professional Services Rendered for the period ending: December 30, 2022. RE: Tulsa Airports Improvement Trust-Montero Eviction Total Professional Services $ 1,816.00 Less Discount $ -272.40 Net Professional Services $ 1,543.60 Total Disbursements $ .00 TOTAL THIS INVOICE $ 1,543.60 EXHIBIT 1 Accounting Department 918.591.5291 918.582.1211 405.319.3500 918.925.5291 918.591.5360 405.319.3509, com ‘Wikems Conter Tower i Tusa,OK ‘Twa West Second Street, Suite 700 210 Bort Ave, Sute 1200 Tulaa,OK 74103-3117 ‘Cary. OK 73102 www.deda.com __DOERNER SAUNDERS DANIEL & ANDERSON Client No.: 016826 January 27, 2023 Matter No.: 00018 Invoice No.: 253954 RE: Tulsa Airports Improvement Trust-Montero Eviction PROFESSIONAL SERVICES Date Tkpr Description Hours Amount 12/19/22 351 Phone call with Mr. Shaw regarding the initiation of eviction 114.00 proceedings. 12/20/22 351 Conference with Pat Mensching to give him background on cases and to 60 228.00 discuss starting eviction proceedings against Mr. Montero. 12/21/22 428 Reviewed the TAIT Montero files; reviewed public record resources to 1.80 603.00 learn more about him and emailed Mr. Shaw with questions. 12/22/22 428 Reviewed and responded to multiple emails regarding posting of the 268.00 Notice of Termination and the forwarding thereof via certified mail. 12/22/22 428 Prepared the Austin Wheeler Affidavit regarding posting of the Notice of 70 234.50 Termination. 12/22/22 428 Drafted the eviction pleadings. 70 234.50 12/27/22 428 Reviewed Mr. Montero's Motion to Vacate and Judge Drummond's 134.00 Order granting same. TOTAL PROFESSIONAL SERVICES $ 1,816.00 Less Discount $ -272.40 NET PROFESSIONAL SERVICES $ 1,543.60 SUMMARY OF PROFESSIONAL SERVICES Name Tkpr Timekeeper Level Hours Total Brightmire, Jon E. 351 Partner 90 380.00 342.00 Mensching, J. Patrick 428 Partner 4.40 335.00 1,474.00 Total 5.30 $ 1,816.00 TOTAL THIS INVOICE $ 1,543.60 DOERNER SAUNDERS DANIEL ANDERSON February 10, 2023 Tulsa Airports Improvement Trust Invoice No.: 254295 Jeff Shaw, CM, ACP Client No.: 016826 Director of Risk and Legal Services Matter No.: 00018 jeffshaw@tulsaairports.com Billing Attorney: 351 INVOICE SUMMARY For Professional Services Rendered for the period ending: January 31, 2023. RE: Tulsa Airports Improvement Trust-Montero Eviction Total Professional Services $ 4,770.00 Less Discount $ -715.50 Net Professional Services $ 4,054.50 Total Disbursements $ 167.95 TOTAL THIS INVOICE $ 4,222.45 Outstanding Balance 1,543.60 TOTAL BALANCE DUE —$5,766.05 Accounting Department 918.591.5291 918.582.1211 405.319.3500 918.925.5291 918.591.5360 405.319.3509 com Weliams Center Tower i Tower Tulsa, OK Two West: ‘Skreet. Suite 700 210 Park Avenua, Sute 1200 Tulaa, OK 74108-3117 (OkishomaCty. OK 73102 www.dsda.com DOERNER SAUNDERS DANIEL & ANDERSON Client No.: 016826 February 10, 2023 Matter No.: 00018 Invoice No.: 254295 RE: Tulsa Airports Improvement Trust-Montero Eviction PROFESSIONAL SERVICES Date Tkpr Description Hours Amount 1/10/23 428 Reviewed the server's negative return at Mr. Montero's Residence. .20 69.00 1/13/23 428 Plan and prepare for trial. 2.10 724.50 1/17/23 428 Reviewed the service return for the FED Summons. 20 69.00 1/18/23 428 Email to client regarding time and place of tomorrow's FED hearing. 30 103.50 1/18/23 428 Prepared the Judgment for tomorrow's hearing. 138.00 1/18/23 428 Prepared the mandatory CARES ACT affidavit. 50 172.50 1/19/23 428 Preparation for and appearance at the eviction hearing. 2.10 724.50 1/25/23 428 Reviewed Judgment, forwarded it to TAIT, forwarded it to Mr. Montero and 138.00 prepared Certificate of Service to that effect. 1/26/23 351 Receive and review Mr. Montero's motion to vacate eviction judgment, and 20 78.00 forward to Pat Mensching and clients. 1/26/23 428 Reviewed the FAA's regulations regarding hangar use. 20 69.00 1/26/23 428 Reviewed Mr. Montero's Motion to Vacate the FED Judgment. 138.00 1/27/23 428 Reviewed Notice of Hearing on Mr. Montero's Motion to Vacate. 30 103.50 1/30/23 428 Conference with the process server regarding Thursday's hearing. 30 103.50 1/30/23 428 Reviewed and forwarded the posting photograph to Mr. Montero. 30 103.50 1/30/23 428 Commenced preparation of Objection to Montero's Motion to Vacate. 4.30 1,483.50 1/31/23 428 Forwarded the Subpoena to the process server. .20 69.00 1/31/23 428 Finalized the Objection to Mr. Montero's Motion to Vacate; filed that 1.40 483.00 Objection and emailed a copy thereof to Mr. Montero. TOTAL PROFESSIONAL SERVICES $ 4,770.00 Less Discount $ -715.50 NET PROFESSIONAL SERVICES $ 4,054.50 SUMMARY OF PROFESSIONAL SERVICES Name Tkpr Timekeeper Level Hours Total Brightmire, Jon E. 351 Partner 20 390.00 78.00 Mensching, J. Patrick 428 Partner 13.60 345.00 4,692.00 Total 13.80 $ 4,770.00 DOERNER SAUNDERS DANIEL & ANDERSON Client No.: 016826 February 10, 2023 Matter No.: 00018 Invoice No.: 254295 DISBURSEMENTS Date Description Amount 1/11/23 Bryan Smith & Asso. Inc., Process server charge, 8187135 150.00 Postage 17.95 TOTAL DISBURSEMENTS $ 167.95 TOTAL THIS INVOICE $ 4,222.45 DOERNER SAUNDERS DANIEL ANDERSON March 16, 2023 Tulsa Airports Improvement Trust Invoice No.: 255192 Jeff Shaw, CM, ACP Client No.: 016826 Director of Risk and Legal Services Matter No.: 00018 jeffshaw@tulsaairports.com Billing Attorney: 351 INVOICE SUMMARY For Professional Services Rendered for the period ending: February 28, 2023. RE: Tulsa Airports Improvement Trust-Montero Eviction Total Professional Services $ 8,342.00 Less Discount $ -1,251.30 Net Professional Services $ 7,090.70 Total Disbursements $ 91.80 TOTAL THIS INVOICE $ 7,182.50 Accounting Department. 918.591.5291 918.582.1211 405.319.3500 918.925.5291 918.591.5360 405.319.3509 bitingedsda.com ‘Wittoms Canter Tower It Tulsa, OK ‘Two West Second Street, Suite 700 210 Port Averue, Suen 1200 Tulsa, OK 74103-3117, ‘Okdehoma Gry, OK 73102 www.dsda.com ee rere DOERNER tet 4 Seen SAUNDERS DANIEL & ANDERSON Client No.: 016826 March 16, 2023 Matter No.: 00018 Invoice No.: 255192 RE: Tulsa Airports Improvement Trust-Montero Eviction PROFESSIONAL SERVICES Date Tkpr Description Hours Amount 2/01/23 428 Emails to client regarding the Objection to Mr. Montero's Motion to 103.50 Vacate and tomorrow's hearing. 2/02/23 428 Conference with process server regarding today's hearing. .20 69.00 2/02/23 428 Preparation for and appearance at hearing on the Motion to Vacate. 1.30 448.50 2/02/23 428 Commenced preparations for the February 24 hearing. 276.00 2/03/23 428 Reviewed the FAA's denial of Mr. Montero's Complaint. 103.50 2/10/23 428 Commenced preparation for the upcoming trial. 207.00 2/13/23 428 Continued preparations for the upcoming trial. 5.60 1,932.00 2/14/23 428 Continued preparation for trial. 4.20 1,449.00 2/16/23 428 Reviewed the Notice of Termination Letter envelope marked Refused .20 69.00 2/16/23 428 Reviewed the envelope containing the Petition which went unclaimed. .20 69.00 2/15/23 428 Conference with opposing counsel who advises he is withdrawing. .20 69.00 2/20/23 428 Continued preparations for Friday's hearing. 2.20 759.00 2/21/23 428 Continued preparation for the trial and today's trial prep. 2.70 931.50 2/21/23 428 Conference with witnesses at the airport. 1.60 552.00 2/22/23 428 Reviewed Mr. Montero's Motion to Dismiss and drafted response thereto. 276.00 2/23/23 428 Conference with the Court Clerk for a court reporter at Friday's hearing. 20 69.00 2/23/23 428 Finalized the Objection to Mr. Montero's latest Motion to Dismiss. 20 69.00 2/23/23 428 Reviewed Mr. Montero's Answer claiming title to the property. 40 138.00 2/23/23 428 Reviewed Mr. Montero's Motion For a Continuance. 30 103.50 2/24/23 603 Attend hearing with Pat Mensching. 1.00 200.00 2/24/23 428 Third Court Appearance in the eviction matter. 1.10 379.50 2/27/23 428 Reviewed Stephen Gray's Motions to Withdraw and impose attorneys .20 69.00 lien. TOTAL PROFESSIONAL SERVICES $ 8,342.00 Less Discount $ -1,251.30 NET PROFESSIONAL SERVICES $ 7,090.70 ee ran DOERNER TE TEN SAUNDERS ENS ANON RA DANIEL & armen ANDERSON wane rim te Client No.: 016826 March 16, 2023 Matter No.: 00018 Invoice No.: 255192 SUMMARY OF PROFESSIONAL SERVICES Name Tkpr Timekeeper Level Hours Rate Total Lamprecht, Abby L. 603 Associate 1.00 200.00 200.00 Mensching, J. Patrick 428 Partner 23.60 345.00 8,142.00 Total 24.60 $ 8,342.00 DISBURSEMENTS Date Description Amount 2/02/23 Austen Hendrickson, Process server charge, 2023-01 90.00 2/20/23 Tulsa County Court Clerk, Court Reporter Fees, 16826.18 20.00 2/20/23 Tulsa County Court Clerk, Court Reporter Fees, 16826.18 Void Check # - -20.00 000158745 Postage 1.80 TOTAL DISBURSEMENTS $91.80 TOTAL THIS INVOICE $ 7,182.50 BILLING HISTORY Transaction Date Transaction Type Invoice# Amount Balance Balance Forward $ 5,766.05 3/07/23 Receipt 253954 $ -1,543.60 $ 4,222.45 3/07/23 Receipt 254295 $ -4,222.45 $ .00 a DOERNER SAUNDERS DANIEL ANDERSON TIP LAWYERS April 18, 2023 Tulsa Airports Improvement Trust Invoice No.: 256069 Jeff Shaw, CM, ACP Client No.: 016826 Director of Risk and Legal Services Matter No.: 00018 jeffshaw@tulsaairports.com Billing Attorney: 351 INVOICE SUMMARY For Professional Services Rendered for the period ending: March 31, 2023. RE: Tulsa Airports Improvement Trust-Montero Eviction Total Professional Services $ 1,345.50 Total Disbursements $ 51.20 TOTAL THIS INVOICE $ 1,396.70 Accounting Department 918.591.5291 918.582.1211 405.319.3500 918.925.5291 918.591.5360 405.319.3509 bitingedsde.com ‘Witams Center Tower Tulsa,OK ‘Two West Second ulna, OK 741033117 ‘Suite 700 210 Par avn Cay, Sate 1200 OK 73102 www.deda.com DOERNER SAUNDERS mer nett eat ne eI Se Pemramemmeme arte Anne me A Re DANIEL tee ee & ANDERSONma rm Client No.: 016826 April 18, 2023 Matter No.: 00018 Invoice No.: 256069 RE: Tulsa Airports Improvement Trust-Montero Eviction PROFESSIONAL SERVICES Date Tkpr Description Hours Amount 3/06/23 428 Reviewed FM's latest filing and fact checked same. 80 276.00 3/09/23 428 Reviewed denial of Mr. Montero's Motion to Stay 20 69.00 3/14/23 428 Reviewed Mr. Montero's Motion to Transfer and forwarded same to Jeff. 40 138.00 3/15/23 428 Reviewed and responded to request regarding the new gate code. 20 69.00 3/15/23 428 Reviewed the purported Deed referred to in Mr. Montero's Motion To 40 138.00 Transfer. 3/15/23 428 Initial draft of the Response to Mr. Montero's Motion To Transfer. 1.40 483.00 3/17/23 428 Forwarded the Response to Mr. Montero's Motion to Transfer to TAIT. 20 69.00 3/21/23 428 Reviewed Mr. Montero's Response to TAIT's response to his Motion to 30 103.50 transfer. ————————————————————————————————————————— TOTAL PROFESSIONAL SERVICES $ 1,345.50 SUMMARY OF PROFESSIONAL SERVICES Name Tkpr Timekeeper Level Hours Rate Total Mensching, J. Patrick 428 Partner 3.90 345.00 1,345.50 Total 3.90 $ 1,345.50 DISBURSEMENTS Date Description Amount 3/07/23 Security Bank - Purchase Card, Court Reporter Fees, FEB23 50.00 Postage 1.20 TOTAL DISBURSEMENTS $ 51.20 TOTAL THIS INVOICE $ 1,396.70 DOERNER SAUNDERS DANIEL ANDERSON May 3, 2023 Tulsa Airports Improvement Trust Invoice No.: 256999 Jeff Shaw, CM, ACP Client No.: 016826 Director of Risk and Legal Services Matter No.: 00018 jeffshaw@tulsaairports.com Billing Attorney: 351 INVOICE SUMMARY For Professional Services Rendered for the period ending: April 30, 2023. RE: Tulsa Airports Improvement Trust-Montero Eviction Total Professional Services $ 6,201.50 Less Discount $ -930.23 Net Professional Services $ 5,271.27 Total Disbursements $ 24.08 TOTAL THIS INVOICE $ 5,295.35 Outstanding Balance $ 1,396.70 TOTAL BALANCE DUE —$ 6,692.05 Accounting Department 918.591.5291 918.582.1211 405.319.3500 918.925.5291 918.591.5360 405.319.3509 bilingedsde.com ‘Wekems Center Tower i ‘Tulsa, OK ‘Two West Second Street. Suite 700 210 Park Avenue, Sute 1200 ‘Telaa, OK 74108-3117 Cry, OK 73102 www.dsda.com DOERNER SAUNDERS sen a DANIEL & ANDERSON Client No.: 016826 May 3, 2023 Matter No.: 00018 Invoice No.: 256999 RE: Tulsa Airports Improvement Trust-Montero Eviction PROFESSIONAL SERVICES Date Tkpr Description Hours Amount 4/03/23 351 Receive and respond to email from Jeff Shaw regarding whether Judge -10 39.00 Bruce will recuse. 4/04/23 428 Reviewed the email string regarding Mr. Montero's new federal court suit .20 69.00 and his "Notice of Transfer." 4/05/23 428 Reviewed all pleadings filed in Mr. Montero's latest Federal Court filing. 80 276.00 4/05/23 428 Reviewed Mr. Montero's Notice of Transfer and drafted proposed response 1.20 414.00 thereto. 4/06/23 428 Finalized the Response to Mr. Montero's Notice of Transfer. 20 69.00 4/06/23 428 Complied with Court Order compelling exchange of trial exhibits. 80 276.00 4/06/23 428 Forwarded the Response to Notice of Transfer to TAIT. 10 34.50 4/10/23 428 Initial review of Mr. Montero's emailed trial exhibits. 30 103.50 4/11/23 428 Reviewed FM's latest pleadings in all three cases. 1.10 379.50 4/13/23 351 Attend board meeting to give update on litigation and answer questions. 80 312.00 4/13/23 428 Prepared for tomorrow's trial. 4.00 345.00 4/14/23 428 First day of trial in the Mr. Montero eviction. 3.20 1,104.00 4/14/23 428 Reviewed Judge Frizzell’s three orders remanding the eviction case . 20 69.00 4/14/23 428 Reviewed Mr. Montero's 10th Circuit Notice of Appeal. 20 69.00 4/14/23 428 Reviewed Mr. Montero's unfiled Motion to Transfer Case. 20 69.00 4/14/23 428 Reviewed the 2014 Case and Mr. Montero's claim that the reformation 90 310.50 order was valid as of November 30, 2022. 4/17/23 351 Conference with Pat Mensching regarding eviction case. 117.00 4/18/23 351 Receive and review motion to reconsider filed by Mr. Montero in the federal 78.00 court case. 4/18/23 428 Reviewed Mr. Montero's Motion to Reconsider filed in the latest filed 103.50 federal court case. 4/18/23 428 Reviewed Judge Frizzell’s denial of Mr. Montero's Motion to Reconsider. 103.50 4/18/23 428 Conference with associate to assign research on Mr. Montero's claim that 60 207.00 dismissal of a case voids all substantive rulings therein. 4/20/23 603 Receive assignment from Pat to research the status of past orders ina 1.00 200.00 dismissed claim. Research the same. 4/21/23 603 Research post-dismissal orders. Send the same research to Pat for his 1.50 300.00 review. 4/24/23 351 Receive and review application for writ of prohibition filed by Mr. Montero 195.00 with the Oklahoma Supreme Court, and review docket entry made by court. 4/24/23 428 Reviewed Mr. Montero's Petition to Assume Original Jurisdiction. 172.50 a DOERNER SAUNDERS ave DANIEL & ANDERSON Client No.: 016826 May 3, 2023 Matter No.: 00018 Invoice No.: 256999 Date Tkpr Description Hours Amount 4/24/23 428 Reviewed Abby's short memo regarding the effect of a dismissal on prior .20 69.00 orders. 4/26/23 351 Receive and review order of Supreme Court regarding