Preview
No. 2011-05142
AMERICAN BUILDERS & CONTRACTORS § IN THE DISTRICT COURT
SUPPLY CO., INC. dba ABC SUPPLY CO., §
INC. and dba BRADCO SUPPLY §
CORPORATION
215 JUDICIAL DISTRICT
vs.
ROOFING ANALYTICS LLC and WESLEY C.
MARSHALL, Jointly and Severally HARRIS COUNTY, TEXAS
AFFIDAVIT OF ATTORNEY IN SUPPORT OF
PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT
STATE OF TEXAS 8
§
COUNTY OF DALLAS 8
BEFORE ME, the undersigned authority, on this day personally appeared
Daniel S. Bowns, who being duly sworn on his oath, deposes and says:
1 “My name is Daniel S. Bowns. I am of sound mind and capable of
making this affidavit. I am an attorney of record for Plaintiff in this cause, and in
such position I have personal knowledge of the facts stated in this affidavit and the
facts stated herein are true and correct.
2 “I am an attorney licensed by the Supreme Court of Texas to practice
law in the State of Texas since 2004. I am familiar with the fees attorneys charge in
Dallas County, Texas, and in surrounding counties, for suits of the nature of this
lawsuit, and I am familiar with what would be considered a reasonable fee.
3. “As a result of Defendants’ failure to pay all or any part of the account
balance for goods sold and furnished to Defendants, Plaintiff employed the law firm
of Adair, Morris & Osborn, P.C. to bring this suit. This is a suit to recover sums
owed on account for goods, wares, and merchandise sold and delivered by Plaintiff
to Defendants.
AFFIDAVIT OF ATTORNEY IN SUPPORT
OF PLAINTIFF’S MOTION SUMMARY JUDGMENT Page 1
4, “In connection with this suit against Defendants, Plaintiff has incurred
reasonable attorneys’ fees for services provided by its attorneys. The attorneys at
Adair, Morris & Osborn, P.C. have spent over 48 hours working on this matter.
Plaintiffs attorneys bill at a rate of $220.00 per hour for services furnished by
Randall F. Adair and at a rate of $210.00 per hour for services furnished by Daniel
S. Bowns. Such work includes preparing for filing this suit, the reviewing of
pertinent documents drafting the petition, filing suit, serving pleadings on
Defendants, reviewing Defendants’ pleadings, drafting various discovery requests
reviewing discovery responses, reviewing documents produced by Defendants,
engaging in extensive negotiations concerning discovery, drafting and filing a
motion to compel further responses to discovery requests, appearing at a hearing
on the motion to compel further responses, continuing to engage in negotiations
concerning responses to discovery requests, reviewing amended responses, drafting
a motion for summary judgment, preparing affidavits in support of the motion for
summary judgment, and various other tasks for necessary prosecution for this suit
5. “Taking into consideration the nature of the suit, the amount in
controversy, the time spent on this case and the amount of work done on this
lawsuit, it is my opinion that the sum of $9,800.00 would be a reasonable
attorneys’ fee through summary judgment of this matter against Defendants and
that the sums of $7,500.00 and $6,500.00 would be reasonable attorneys’ fees
through any appeals of such judgment to the Court of Appeals and the Supreme
Court of Texas, respectively.
ywIS,
Daniel S. Bowns
SUBSCRIBED AND SWORN TO BEFORE this/@~ day of March, 2012
by Daniel S. Bowns. anennnannnsennaneanns
a PatriciaJ. Pierson
Notary Public, Sh bhiya AL’
é ooESS
k Slaw a State of Texas
Comm, Exp. 11-09-13 4 | NOTARY PUBLIC, in and for
we the State of Texas
F:\STATELIT\ 10368.mmsj.att.aff (abe- roofing analytics).docx
AFFIDAVIT OF ATTORNEY IN SUPPORT
OF PLAINTIFF’S MOTION SUMMARY JUDGMENT Page 2
Preview
No. 2011-05142 AMERICAN BUILDERS & CONTRACTORS § IN THE DISTRICT COURT SUPPLY CO., INC. dba ABC SUPPLY CO., § INC. and dba BRADCO SUPPLY § CORPORATION 215 JUDICIAL DISTRICT vs. ROOFING ANALYTICS LLC and WESLEY C. MARSHALL, Jointly and Severally HARRIS COUNTY, TEXAS AFFIDAVIT OF ATTORNEY IN SUPPORT OF PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT STATE OF TEXAS 8 § COUNTY OF DALLAS 8 BEFORE ME, the undersigned authority, on this day personally appeared Daniel S. Bowns, who being duly sworn on his oath, deposes and says: 1 “My name is Daniel S. Bowns. I am of sound mind and capable of making this affidavit. I am an attorney of record for Plaintiff in this cause, and in such position I have personal knowledge of the facts stated in this affidavit and the facts stated herein are true and correct. 2 “I am an attorney licensed by the Supreme Court of Texas to practice law in the State of Texas since 2004. I am familiar with the fees attorneys charge in Dallas County, Texas, and in surrounding counties, for suits of the nature of this lawsuit, and I am familiar with what would be considered a reasonable fee. 3. “As a result of Defendants’ failure to pay all or any part of the account balance for goods sold and furnished to Defendants, Plaintiff employed the law firm of Adair, Morris & Osborn, P.C. to bring this suit. This is a suit to recover sums owed on account for goods, wares, and merchandise sold and delivered by Plaintiff to Defendants. AFFIDAVIT OF ATTORNEY IN SUPPORT OF PLAINTIFF’S MOTION SUMMARY JUDGMENT Page 1 4, “In connection with this suit against Defendants, Plaintiff has incurred reasonable attorneys’ fees for services provided by its attorneys. The attorneys at Adair, Morris & Osborn, P.C. have spent over 48 hours working on this matter. Plaintiffs attorneys bill at a rate of $220.00 per hour for services furnished by Randall F. Adair and at a rate of $210.00 per hour for services furnished by Daniel S. Bowns. Such work includes preparing for filing this suit, the reviewing of pertinent documents drafting the petition, filing suit, serving pleadings on Defendants, reviewing Defendants’ pleadings, drafting various discovery requests reviewing discovery responses, reviewing documents produced by Defendants, engaging in extensive negotiations concerning discovery, drafting and filing a motion to compel further responses to discovery requests, appearing at a hearing on the motion to compel further responses, continuing to engage in negotiations concerning responses to discovery requests, reviewing amended responses, drafting a motion for summary judgment, preparing affidavits in support of the motion for summary judgment, and various other tasks for necessary prosecution for this suit 5. “Taking into consideration the nature of the suit, the amount in controversy, the time spent on this case and the amount of work done on this lawsuit, it is my opinion that the sum of $9,800.00 would be a reasonable attorneys’ fee through summary judgment of this matter against Defendants and that the sums of $7,500.00 and $6,500.00 would be reasonable attorneys’ fees through any appeals of such judgment to the Court of Appeals and the Supreme Court of Texas, respectively. ywIS, Daniel S. Bowns SUBSCRIBED AND SWORN TO BEFORE this/@~ day of March, 2012 by Daniel S. Bowns. anennnannnsennaneanns a PatriciaJ. Pierson Notary Public, Sh bhiya AL’ é ooESS k Slaw a State of Texas Comm, Exp. 11-09-13 4 | NOTARY PUBLIC, in and for we the State of Texas F:\STATELIT\ 10368.mmsj.att.aff (abe- roofing analytics).docx AFFIDAVIT OF ATTORNEY IN SUPPORT OF PLAINTIFF’S MOTION SUMMARY JUDGMENT Page 2