10000009334

IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE ------------------------------------------------------------- X In re: MERVYNS HOLDINGS, LLC, et al.
,1 Debtors. ------------------------------------------------------------- X SUMMARY OF NINTH MONTHLY APPLICATION OF COOLEY GODWARD KRONISH LLP, LEAD COUNSEL TO THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS, FOR COMPENSATION AND REIMBURSEMENT OF EXPENSES FOR THE PERIOD APRIL 1, 2009 THROUGH APRIL 30, 2009 Name of Applicant: Authorized to Provide Professional Services to: Date of Retention: Cooley Godward Kronish LLP The Official Committee of Unsecured Creditors September 24, 2008 nunc pro tunc to August 7, 2008 Chapter 11 Case No.: 08-11586 (KG)
Hearing Date: TBD if necessary Objection Deadline: June 10, 2009 at 4:00 p.m.
Period for which compensation and reimbursement is sought: Amount of Compensation sought as actual, reasonable and necessary: 80% of Compensation sought as actual, reasonable and necessary: Amount of Expense Reimbursement sought as actual, reasonable and necessary: This is a(n): X Monthly __ Interim
April 1, 2009 through April 30, 2009
$468,128.50
$374,502.80
$19,054.14 __ Final Fee Application
The total time expended in connection with the preparation of this fee application is not included in this application, as such time was expended after the Compensation Period.
The Debtors in these cases, along with the last four digits of the federal tax identification number for each of the Debtors, are: Mervyns Holdings, LLC (7931); Mervyns LLC (4456); and Mervyns Brands, LLC (8850).
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0811586090521000000000004
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This is the ninth monthly application of Cooley Godward Kronish LLP. The following table summarizes Cooley Godward Kronish LLPs prior request for compensation and reimbursement of expenses in these cases:
Application Date Filed Period Covered 8/7/08 through 8/31/08 9/1/08 through 9/30/08 10/1/08 through 10/31/08 11/1/08 through 11/30/08 12/1/08 through 12/31/08 1/1/09 through 1/31/09 2/1/09 through 2/28/09 3/1/09 through 3/31/09 Fees Requested $404,357.00 Expenses Requested $8,059.25 Fees Approved Expenses Approved $8,059.25
First Monthly Application Second Monthly Application Third Monthly Application Fourth Monthly Application Fifth Monthly Application Sixth Monthly Application Seventh Monthly Application Eighth Monthly Application
10/10/08
$323,485.60 (80%) $380,972.00 (80%) $321,966.80 (80%) $141,626.80 (80%) $179,458.00 (80%) $278,691.60 (80%) $210,806.00 (80%) $199,900.60 (80%)
11/4/08
$476,215.00
$7,614.23
$7,614.23
11/21/08
$402,458.50
$17,924.56
$17,924.56
12/23/08
$177,033.50
$8,302.56
$8,302.56
1/23/09
$224,322.50
$41,965.82
$41,965.82 $12,587.22
2/19/09
$348,364.50
$12,587.22
3/24/09
$263,507.50
$14,050.42
$14,050.42
4/21/09
$249,875.75
$23,150.59
$23,150.59
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SUMMARY OF PROFESSIONAL SERVICES

Name of Professional Person
Position of the Applicant, Number of Years in that Position, Year of Obtaining License to Practice, Area of Expertise Partner since 1998; Member of New York Bar since 1982; Area of Expertise: Bankruptcy Partner since 2003; Member of New York Bar since 1978; Area of Expertise: Bankruptcy Partner since 2002; Member of New York Bar since 1989; Area of Expertise: Bankruptcy Special Counsel since 1998; Member of New York Bar since 1984; Area of Expertise: Bankruptcy Associate since 2000; Member of New York Bar since 1995; Area of Expertise: Bankruptcy Associate since 2002; Member of New York Bar since 2000; Area of Expertise: Bankruptcy Associate since 2000; Member of New York Bar since 2001; Area of Expertise: Various Associate since 2003; Member of New York Bar since 2004; Area of Expertise: Bankruptcy Associate since 2008; Member of Massachusetts Bar since 2004; Area of Expertise: Litigation Associate since 2007; Member of New York Bar since 1999; Area of Expertise: Bankruptcy Associate since 2008; Member of New York Bar since 2006; Area of Expertise: Bankruptcy Associate since 2008; Member of New York Bar since 2006 and Massachusetts Bar since 2009; Area of Expertise: Litigation Associate since 2008; Member of California Bar since 2006, District of Columbia Bar since 2007 and Massachusetts Bar since 2008; Area of Expertise: Litigation Hourly Billing Rate Total Billed Hours Total Compensation
Jay R. Indyke
$785
20.2
$15,857.00
Ronald R. Sussman
$760
60.8
$46,208.00
Cathy R. Hershcopf
$705
11.8
$8,319.00
Eric Haber
$640
2.0
$1,280.00
Nicholas Smithberg
$580
74.1
$42,978.00
Jeffrey L. Cohen
$555
1.6
$888.00
David Franklin
$555
0.1
$55.50
Seth Van Aalten
$530
62.7
$33,231.00
Jennifer Stewart
$530
135.2
$71,656.00
Gustavo A. Ordonez
$495
97.5
$48,262.50
Richelle Kalnit
$435
113.9
$49,546.50
Maria Ostrovsky
$435
77.8
$33,843.00
Jessica Mols
$390
0.2
$78.00
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Kathryn Ruff
Amanda Mitchell
Erin Dominguez
Peter Colosi
Troy Dunham Brian Zayas Nancy Cunningham Rafael Sanchez Tihomir Yankov Lisa MacDonald Michelle Robinson Erik A. Kruger Steven Roberts Melissa Martinez Total Fees Total Hours Blended Rate
Associate since 2008; Member of California Bar since 2007; Area of Expertise: Litigation Associate since 2007; Member of California Bar since 2007; Area of Expertise: Litigation Associate since 2007; Member of California Bar since 2007; Area of Expertise: Litigation Associate since 2007; Member of California Bar since 2007; Area of Expertise: Litigation Electronic Discovery Manager Senior Electronic Discovery Analyst Paralegal Assistant Librarian Litigation Practice Support Analyst Assistant Librarian Litigation Practice Support Analyst Paralegal Litigation Practice Support Analyst Paralegal
$390
57.2
$22,308.00
$345
1.9
$655.50
$345
46.2
$15,939.00
$345
128.9
$44,470.50
$310 $235 $210 $195 $195 $195 $190 $190 $190 $155
46.2 9.8 18.8 3.7 7.2 0.5 15.4 14.4 20.9 0.8 1,029.8
$14,322.00 $2,303.00 $3,948.00 $721.50 $1,404.00 $97.50 $2,926.00 $2,736.00 $3,971.00 $124.00 $468,128.50
$454.58
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SUMMARY OF SERVICES BY TASK CODE Task Code B01 B02 B03 B04 B05 B06 B07 B08 B09 B10 B11 B12 B13 B14 B15 B16 B17 B18 B19 B20 B21 B22 B23 B24 Description Hours Amount
Asset Analysis and Recovery Asset Disposition Business Operations Case Administration Claims Employee Benefits/Pensions Fee/Employment Applications Fee/Employment Objections Financing and Cash Collateral Litigation Meetings Plan and Disclosure Statement Relief from Stay Proceedings Travel Accounting/Auditing Business Analysis Corporate Finance Leases and Executory Contracts Preparation For and Attendance at Court Hearings Reconstruction Accounting Tax Issues Valuation Avoidance Actions Regulatory Compliance TOTALS BY TASK CODE
0.5 0.2 -1.3 18.8 1.8 10.1 --960.2 2.7 --31.1 ---2.1 0.6 ---0.4 -1,029.8
$306.50 $106.00 -$1,015.50 $11,035.00 $1,119.50 $5,954.50 --$428,805.50 $2,059.50 --$15,798.00 ---$1,183.00 $463.50 ---$282.00 -$468,128.50
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SUMMARY OF ACTUAL AND NECESSARY EXPENSES Subject Matter Categories Car Rental Air Fare Hotel Meals Parking and Taxi Audio/Video Conferencing Services Federal Express
Research Databases / Document Retrieval
Amount $223.91 $3,365.60 $1,832.36 $1,701.55 $430.87 $162.35 $199.12 $2,553.97 $0.65 $629.30 $1,976.50 $138.64 $311.98 $423.13 $3,800.00 $65.09 $230.52 $1,008.602 $19,054.14
Supplies Messenger Service Reproduction of Documents Telephone Native File Printing/Processing Hard Drives for E-discovery Data Hosting Support Hard Drives for WARN Custodian Transportation Litigation Expenses TOTAL EXPENSES REQUESTED
This amount includes the expenses of litigation consultant Bob Brown for April 2009 ($1,000 for fees and $8.60 for expenses). Detail relating to such expenses is attached as Exhibit B to the Application. Pursuant to the Stipulation and Order Resolving and Settling (I) Objection of the Official Committee of Unsecured Creditors to Motion of the Debtors and Debtors in Possession for Orders Authorizing and Approving (A) Auction and Bid Procedures, (B) Bid Protections to Stalking Horse Bidder, if Applicable, (C) Store Closing Sales Free and Clear of Liens, (D) Agency Agreement, and (E) Related Relief, With Respect to the Debtors Remaining Stores and (III) Cross-Motion for an Order Pursuant to 11 U.S.C. 1112(b) and 11 U.S.C. 105(a) Converting the Debtors Chapter 11 Cases to Cases Under Chapter 7 of the Bankruptcy Code (the Order Approving Stipulation, Dkt. No. 1130), the Committee is permitted to seek reimbursement for payment of expenses, including fees and expenses of consultants, expert witnesses and the like, incurred in pursuit of the Causes of Action (as defined therein). See Order Approving Stipulation, pp. 18, 20.
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IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE ------------------------------------------------------------- X In re: MERVYNS HOLDINGS, LLC, et al., 1 Debtors. ------------------------------------------------------------- X NINTH MONTHLY APPLICATION OF COOLEY GODWARD KRONISH LLP, LEAD COUNSEL TO THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS, FOR COMPENSATION AND REIMBURSEMENT OF EXPENSES FOR THE PERIOD APRIL 1, 2009 THROUGH APRIL 30, 2009 TO THE HONORABLE KEVIN GROSS, UNITED STATES BANKRUPTCY JUDGE: Cooley Godward Kronish LLP (Applicant), lead counsel to the Official Committee of Unsecured Creditors (the Committee) of Mervyns Holdings, LLC and its affiliated debtors and debtors-in-possession (collectively, the Debtors) in the above-captioned jointly administered chapter 11 cases, respectfully represents: INTRODUCTION 1. This is Applicants ninth monthly application (the Application) for allowance of Chapter 11 Case No.: 08-11586 (KG)
Hearing Date: TBD if necessary Objection Deadline: June 10, 2009 at 4:00 p.m.
compensation and reimbursement of expenses pursuant to section 331 of chapter 11 of title 11 of the United States Code (the Bankruptcy Code), the Federal Rules of Bankruptcy Procedure (the Bankruptcy Rules), the Local Rules of Bankruptcy Practice and Procedure of the United
The Debtors in these cases, along with the last four digits of the federal tax identification number for each of the Debtors, are: Mervyns Holdings, LLC (7931); Mervyns LLC (4456); and Mervyns Brands, LLC (8850).
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States Bankruptcy Court for the District of Delaware (the Local Rules) and this Courts Administrative Order Establishing Procedures for Interim Compensation and Reimbursement of Expenses of Professionals, dated August 27, 2008 (the Interim Compensation Order) (Doc. No. 333). 2. This Application seeks an interim allowance of compensation for legal services
rendered by Applicant in the total amount of $468,128.50 and reimbursement of certain actual and necessary expenses incurred by (or first billed by outside vendors to) Applicant in the amount of $19,054.14 for the period of April 1, 2009 through April 30, 2009 (the Compensation Period), all as more fully set forth below. Pursuant to the Interim Compensation Order, if no objections are filed to this Application, the Debtors are authorized to pay Applicant 80% of its fees, in the amount of $374,502.80, and 100% of its expenses. This Application complies with the Bankruptcy Code, the Bankruptcy Rules, the Local Rules and the Interim Compensation Order. BACKGROUND 3. On July 29, 2008, the Debtors filed voluntary petitions for relief under chapter 11
of the Bankruptcy Code in the United States Bankruptcy Court for the District of Delaware. Pursuant to sections 1107 and 1108 of the Bankruptcy Code, the Debtors continue to operate their businesses and properties as debtors-in-possession. appointed in these cases. 4. On August 7, 2008, the Committee was appointed in these cases by the Office of No trustee or examiner has been
the United States Trustee for the District of Delaware (the US Trustee), consisting of the following seven members: (i) Li & Fung USA; (ii) Levi Strauss & Co.; (iii) R.R. Donnelly & Sons Company; (iv) VF Corporation; (v) The Macerich Company; (vi) DDR MDT MV Holdings
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II LLC; and (vii) The CIT Group/Commercial Services, Inc. On that same day, the Committee decided to employ Applicant as its lead counsel and BDO Seidman, LLP (BDO) as its financial advisors. On August 14, 2008, the Committee decided to employ Ashby & Geddes, P.A. as its local counsel. 5. On September 2, 2008, the Committee filed that Application to Retain and
Employ Cooley Godward Kronish LLP as Lead Counsel to the Official Committee of Unsecured Creditors, Nunc Pro Tunc to August 7, 2008 (Doc. No. 372), as to which there was no objection. Applicants retention was approved by order of the Court entered September 24, 2008 (Doc. No. 513). 6. Pursuant to the Interim Compensation Order, Applicant is required to file monthly
fee applications with this Court. If no objections are filed to this Application, the Debtors are authorized to pay Applicant 80% of its fees and 100% of its expenses. Applicant filed a first monthly fee application on October 10, 2008, pursuant to which it requested compensation for services rendered in the amount of $404,357.00 and reimbursement for actual and necessary out-of-pocket disbursements in the amount of $8,059.25 for the period of August 7, 2008 through August 31, 2008. No objection to Applicants first monthly fee application was filed and Applicant filed a Certificate of No Objection on November 3, 2008. Applicant has been paid 80% of its fees and 100% of its expenses on account of its first monthly fee application. Applicant filed a second monthly fee application on November 4, 2008, pursuant to which it requested compensation for services rendered in the amount of $476,215.00 and reimbursement for actual and necessary out-of-pocket disbursements in the amount of $7,614.23 for the period of September 1, 2008 through September 30, 2008. No objection to Applicants second monthly fee application was filed and Applicant filed a Certificate of No Objection on November 26, 2008. Applicant has been paid 80% of its fees and 100% of its expenses on account of its second monthly fee application. Applicant filed a third monthly fee application on November 21, 2008, pursuant to which it requested compensation for services rendered in the amount of $402,458.50 and reimbursement for actual and necessary out-of-pocket
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disbursements in the amount of $17,924.56 for the period of October 1, 2008 through October 31, 2008. No objection to Applicants third monthly fee application was filed and Applicant filed a Certificate of No Objection on December 19, 2008. Applicant has been paid 80% of its fees and 100% of its expenses on account of its third monthly fee application. Applicant filed a fourth monthly fee application on December 23, 2008, pursuant to which it requested compensation for services rendered in the amount of $177,033.50 and reimbursement for actual and necessary out-of-pocket disbursements in the amount of $8,302.56 for the period of November 1, 2008 through November 30, 2008. No objection to Applicants fourth monthly fee application was filed and Applicant filed a Certificate of No Objection on January 14, 2009. Applicant has been paid 80% of its fees and 100% of its expenses on account of its fourth monthly fee application. Applicant filed a fifth monthly fee application on January 23, 2009, pursuant to which it requested compensation for services rendered in the amount of $224,322.50 and reimbursement for actual and necessary out-of-pocket disbursements in the amount of $41,965.82 for the period of December 1, 2008 through December 31, 2008. No objection to Applicants fifth monthly fee application was filed and Applicant filed a Certificate of No Objection on February 16, 2009. Applicant has been paid 80% of its fees and 100% of its expenses on account of its fifth monthly fee application. Applicant filed a sixth monthly fee application on February 19, 2009, pursuant to which it requested compensation for services rendered in the amount of $348,364.50 and reimbursement for actual and necessary out-of-pocket disbursements in the amount of $12,587.22 for the period of January 1, 2009 through January 31, 2009. Applicant has been paid 80% of its fees and 100% of its expenses on account of its sixth monthly fee application. Applicant filed a seventh monthly fee application on March 24, 2009, pursuant to which it requested compensation for services rendered in the amount of $263,507.50 and reimbursement for actual and necessary out-of-pocket disbursements in the amount of $14,050.42 for the period of February 1, 2009 through February 28, 2009. Applicant has been paid 80% of its fees and 100% of its expenses on account of its seventh monthly fee application. Applicant filed an eighth monthly fee application on April 21, 2009, pursuant to which it requested compensation for services rendered in the amount of $249,875.75 and reimbursement for actual and necessary out-of-pocket disbursements in the amount of $23,150.59 for the period of March 1, 2009 through March 31, 2009. No objection to Applicants eighth monthly fee
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application was filed and Applicant filed a Certificate of No Objection on May 13, 2009. JURISDICTION AND STATUTORY PREDICATES 7. This Court has jurisdiction to consider this Application pursuant to 28 U.S.C.
1334. This is a core proceeding pursuant to 28 U.S.C. 157(b)(2). Venue is proper before this Court pursuant to 28 U.S.C. 1408 and 1409. The statutory predicates for the relief requested herein are 105(a), 330 and 331 of the Bankruptcy Code and Bankruptcy Rule 2016. SERVICES RENDERED DURING COMPENSATION PERIOD 8. During the Compensation Period, Applicants services to the Committee included
professional advice and representation in connection with discreet categories in these chapter 11 cases. The aggregate hours and amount for each category is set forth below and on the summary sheet to this Application. 9. During the Compensation Period, Applicant, on behalf of and in consultation with
the Committee, maintained an active role in these chapter 11 cases. 10. To apprise this Court of the legal services rendered during the Compensation
Period, Applicant sets forth the following summary of legal services rendered. The summary is intended only to highlight the general categories of services performed by Applicant on behalf of the Committee during the Compensation Period. It is not intended to set forth each and every item of professional services which Applicant performed. Asset Analysis and Recovery 11. This category includes time expended by Applicant with respect to its analysis of
the Debtors assets and the recovery thereof. Applicants time in this category was spent on
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activities including attention to issues relating to the Debtors wind-down and open issues with landlords. The time spent in this category was de minimis in nature. 12. Applicant expended 0.5 hours of time for a charge of $306.50 for services
rendered with respect to matters relating to asset analysis and recovery. Asset Dispositions 13. This category includes time expended by Applicant with respect to the disposition
of certain of the Debtors assets. Applicant expended time on issues related the storage of the Debtors files. The time spent in this category was de minimis in nature. 14. Applicant expended 0.2 hours of time for a charge of $106.00 for services
rendered with respect to matters relating to asset dispositions. Case Administration 15. This category includes time expended by Applicant relating to a variety of
activities concerning the day-to-day management and prosecution of these chapter 11 cases. Services rendered in this project category include regular contact with the Debtors, the Committee, and other creditors concerning various financial analyses and the case status. 16. Applicant expended 1.3 hours of time for a charge of $1,015.50 for services
rendered with respect to matters relating to case administration. Claims 17. This category includes time expended by Applicant with respect to various claims
asserted against the Debtors. Applicant spent time in this category on, among other things, reviewing various administrative payment motions, reviewing various orders approving administrative claims, conferring with creditors regarding claims, and conferring with the Debtors regarding the claims reconciliation process.
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18.
Applicant expended 18.8 hours of time for a charge of $11,035.00 for services
rendered with respect to claims matters. Employee Benefits/Pensions 19. This category includes time expended by Applicant with respect to employee
benefits/pensions. Applicant spent time in this category reviewing issues related to payment structures for the Debtors wind-down team. 20. Applicant expended 1.8 hours of time for a charge of $1,119.50 for services
rendered with respect to the handling of employee benefit/pensions matters. Fee/Employment Applications 21. This category includes time expended by Applicant on matters concerning the
retention and compensation of various professionals in the Debtors bankruptcy cases. Applicant spent time during the Compensation Period on, among other things, reviewing monthly fee applications of the Debtors professionals, preparing Applicants eighth monthly application for payment of compensation and reimbursement of expenses, and preparing Applicants second interim fee application. 22. Applicant expended 10.1 hours of time for a charge of $5,954.50 for services
rendered with respect to matters relating to fee/employment applications. Litigation 23. This category includes time expended by Applicant with respect to litigation Applicants time in this category was
matters or contested hearings against third parties.
primarily devoted to issues concerning litigation surrounding (i) the Debtors prepetition activities including, inter alia, the sale of Mervyns Holdings, LLC by The Target Corporation to Sun Capital Partners, Inc., Cerberus Capital Management, L.P., Lubert-Adler and Klaff Partners,
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L.P. in 2004 (the 2004 Transaction) and (ii) the avoidance of the liens and security interests (the Purported Sun Liens) asserted by SCSF Mervyns (Offshore) and SCSF Mervyns (US), LLC (collectively, the SCSF Entities). 24. In connection with litigation concerning the 2004 Transaction, Applicant
expended time addressing various critical legal and financial issues concerning estate claims and causes of action, including issues related to document preservation (including preparing numerous documents for search and review by attorneys), reviewing various documents maintained by the Debtors, conducting legal research and drafting memoranda regarding the same, drafting an opposition to the motion to dismiss filed by Target Corporation and conducting legal research regarding the same, reviewing answers and motion to dismiss filed by defendants in respect of 2004 Transaction litigation, interviewing current and former Mervyns employees regarding issues pertinent to the 2004 Transaction litigation, and preparing scheduling and discovery documents. 25. In connection with litigation concerning the Purported Sun Liens, Applicant
expended time revising a complaint against the SCSF Entities. 26. Applicant expended 960.2 hours of time for a charge of $428,805.50 for services
rendered with respect to litigation matters. Meetings 27. This category includes time expended by Applicant in connection with its
preparation for and attendance at meetings concerning the 2004 Transaction and Purported Sun Lien litigations. 28. Applicant expended 2.7 hours of time for a charge of $2,059.50 for services
rendered with respect to preparation for and attendance at meetings.
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Travel 29. This category is for travel time expended by Applicant. Non-working travel time
is billed at one-half Applicants hourly rates. Applicants travel during the Compensation Period includes time relating to its travel to the Debtors offices. 30. Applicant billed 31.1 hours of non-working travel time, which was billed at 50%
of the time spent, for a charge of $15,798.00. Leases and Executory Contracts 31. This category includes time expended by Applicant with respect to the Debtors
unexpired non-residential real property leases and executory contracts. Applicant spent time in this category conferring regarding real estate issues. 32. Applicant expended 2.1 hours of time for a charge of $1,183.00 for services
rendered with respect to matters relating to leases and executory contracts. Preparation For and Attendance at Court Hearings 33. This category includes time expended by Applicant with respect to reviewing
agendas for Court hearings and conferring regarding litigation pre-trial conferences. The time spent in this category was de minimis in nature. 34. Applicant expended 0.6 hours of time for a charge of $463.50 for services
rendered with respect to the preparation for and attendance at Court hearings. Avoidance Actions 35. This category includes time expended by Applicant with respect to avoidance
actions. The time spent in this category was de minimis in nature. 36. Applicant expended 0.4 hours of time for a charge of $282.00 for services
rendered with respect to avoidance actions.
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MATTERS PERTAINING TO APPLICANT 37. Applicant maintained contemporaneous time records indicating the time that each
attorney and para-professional spent working on a particular matter and the nature of the work performed. Copies of these time records are annexed to this Application as Exhibit A. The total number of hours expended by Applicants attorneys and para-professionals during the Compensation Period in conjunction with this case is 1,029.8. All of the services have been rendered by those individuals at Applicants firm as listed on the summary sheet filed contemporaneously herewith. 38. The personnel who have expended extensive time on this matter during the
Compensation Period are as follows: (a) Jay R. Indyke and Cathy R. Hershcopf: Mr. Indyke and Ms. Hershcopf are actively involved in all supervisory and day-to-day aspects of these cases; (b) Ronald R. Sussman: Mr. Sussman supervises all litigation matters concerning these cases; (c) Jennifer Stewart: Ms. Stewart is responsible for various litigation matters in these cases; and (d) Seth Van Aalten: Mr. Van Aalten is responsible for various day-to-day issues arising during the Compensation Period. 39. Many of the items that have been reviewed are unique to retail-type bankruptcy
proceedings. It is respectfully submitted that Applicants expertise in retail bankruptcy cases has caused certain issues to be reviewed without difficulty, as other bankruptcy attorneys without expertise in retail cases would have had to spend more time researching issues and, in addition, would not have been familiar with the issues applicable to this type of case. Some of the more recent retail chapter 11 cases in which Applicant has been retained include: Against All Odds in Newark, New Jersey; Any Mountain in Santa Rosa, California; Archibald Candy Corporation in Chicago, Illinois; Bag nBaggage in Dallas, Texas; Bombay in Fort Worth, Texas; Casual Male
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10
in New York, New York; Dry Ice in St. Louis, Missouri; Filenes Basement in Boston, Massachusetts; Harvey Electronics in New York, New York; Innovation Luggage in New York, New York; Jacobsons Stores in Detroit, Michigan; Leather Loft Stores in Manchester, New Hampshire; Leatherland in Toledo, Ohio; Lenox Sales in New York, New York; Levitz Home Furnishings, Inc. in New York, New York; Moe Ginsburg in New York, New York; PLVTZ in New York, New York; Princeton Ski Shops in Newark, New Jersey; Steve & Barrys in New York, New York; Shoe Pavilion in Los Angeles, California; Steves Shoes in Kansas City, Kansas; Sun Apparel Warehouse in Philadelphia, Pennsylvania; Todays Man II in Camden, New Jersey; and Troutmans Emporium in Eugene, Oregon. 40. Applicant also has extensive experience representing creditors committees in
Delaware cases, including Bobs Stores, Boscovs, Copelands Enterprises, Cosmetic Center, Domain, Filenes Basement, G.I. Joes, Goodys, Gottschalks, Hancock Fabrics, J. Silver Clothing, Just for Feet, KB Toys, Kuppenheimers, Lids Corporation, Lillian Vernon, Loehmanns, Long John Silvers Restaurants, Martys Shoes, Montgomery Ward II, Pic N Pay Stores, Renaissance Cosmetics, Ritz Camera Centers, Scottys, Todays Man I, Weiners Stores, and Woodworkers Warehouse. 41. Applicant rendered all the professional services for which compensation is
requested herein in connection with the Debtors chapter 11 cases in furtherance of Applicants professional responsibilities as attorneys for the Committee. 42. During the Compensation Period, the partners, associates and para-professionals
of Applicant devoted substantial time, 1,029.8 hours, in rendering professional services to the Committee, all of which time was reasonable and necessary.
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11
43.
Applicant, by experience, training and ability, is fully qualified to perform the
services for which compensation is sought herein. Applicant represents or holds no interest adverse to the Committee with respect to the matters upon which it is engaged. 44. No agreement or understanding exists between Applicant and any other entity for
the sharing of compensation to be received for services rendered in or in connection with these chapter 11 cases. EXPENSES 45. Annexed as part of the summary sheet to this Application is a list of the necessary
and actual disbursements incurred during the Compensation Period in connection with the abovedescribed services. The list is derived from the information found beginning on page 60 of Exhibit A. These records indicate that Applicant has advanced or will have advanced during the Compensation Period, the sum of $18,045.54 in necessary and actual out-of-pocket expenses. In connection with these expenses, it should be noted that Applicant charges $1.00 per page for outgoing telefacsimilies with no charge for incoming telefacsimilies, 10 per page for photocopying and charges for meals only necessitated by meetings with the Debtors or the Committee or when Applicants personnel would work on this case through a normal meal period. In addition, attached as Exhibit B is the detail related to the expenses incurred by the Committees litigation consultant, totaling $1,008.60. CONCLUSION 46. Applicant respectfully submits that the professional services that it rendered
during the Compensation Period were necessary and beneficial to the Committee and respectfully requests that this Court allow Applicant the sum of $468,128.50 for professional fees plus the sum of $19,054.14 representing Applicants actual and necessary out-of-pocket
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12
disbursements incurred during the Compensation Period. Pursuant to the Interim Compensation Order, Applicant requests that the Debtors be authorized and directed to pay Applicant 80% of its total fees billed during the Compensation Period ($374,502.80) and 100% of its expenses to the extent no objection to this Application is filed. NOTICE, PRIOR APPLICATION AND CERTIFICATION 47. Pursuant to the Interim Compensation Order, notice of this Application has been
provided to (i) the Debtors, 6200 Stoneridge Mall Road, 3rd Floor, Pleasanton, California 94588, Attn.: David Robson; (ii) counsel for the Debtors, (a) Richards, Layton & Finger, P.A., One Rodney Square, P.O. Box 551, Wilmington, Delaware 19899 (Attn: Mark D. Collins, Esq.) and (b) Morgan Lewis & Bockius LLP, 101 Park Avenue, New York, New York 10178 (Attn: Howard S. Beltzer, Esq.); (iii) Office of the US Trustee, District of Delaware, J. Caleb Boggs Federal Building, 844 King Street, Suite 2313, Lockbox 35, Wilmington, Delaware 19801 (Attn: Jane M. Leamy, Esq.); and (iv) the Debtors financial advisors, Miller, Buckfire & Co., LLC, 153 East 53rd Street, 22nd Floor, New York, New York 10022 (Attn: Stuart E. Erickson, Esq.). Applicant submits that the foregoing constitutes good and sufficient notice and that no other or further notice need be given. 48. other court. 49. Applicant has reviewed the requirements of the Local Rules and this Application No previous application for the relief sought herein has been made to this or any
complies with those rules. WHEREFORE, Applicant hereby respectfully requests: (i) an interim allowance of compensation for Applicants duly authorized, necessary and valuable services to the Committee during the Compensation Period in the aggregate amount of $468,128.50 and payment of 80% of
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13
such amount ($374,502.80); (ii) reimbursement to Applicant for actual and necessary expenses incurred during the Compensation Period in connection with the aforesaid services in the aggregate amount of $19,054.14; and (iii) such other and further relief as the Court deems just and proper. Dated: May 21, 2009 New York, New York COOLEY GODWARD KRONISH LLP 1114 Avenue of the Americas New York, New York 01136 (212) 479-6000 Jay R. Indyke (JI 0353) Cathy Hershcopf (CH 5875) Seth Van Aalten (SV 2663) /s/ Jay R. Indyke Lead Counsel for the Official Committee Of Unsecured Creditors
1543640 v1/NY
14
CERTIFICATION STATE OF NEW YORK ) ) ss: COUNTY OF NEW YORK ) Jay R. Indyke, after being duly sworn according to law, deposes and says: I am a partner with the applicant firm, Cooley Godward Kronish LLP, and have been admitted to appear before this Court. I have personally performed many of the legal services rendered by Cooley Godward Kronish LLP as attorneys to the Official Committee of Unsecured Creditors of Mervyns Holdings, LLC, et al. and am thoroughly familiar with the other work performed on behalf of the Committee by the lawyers in the firm. I have reviewed the foregoing Application and the facts set forth therein are true and correct to the best of my knowledge, information, and belief. Moreover, I have reviewed Local Rule 2016-2 and submit that the Application substantially complies with such rule.
/s/ Jay R. Indyke Jay R. Indyke
Sworn to before me this 21st day of May, 2009 /s/ Theresa K. Hammond Notary Public THERESA K. HAMMOND Notary Public, State of New York No. 4650925 Qualified in Suffolk County Commission Expires July 31, 2009
1543640 v1/NY
15
EXHIBIT A
May 21, 2009
DAVID ROBSON MERVYN'S CREDITORS COMMITTEE MERVYN'S HOLDINGS, LLC 6200 STONERIDGE MALL 3RD FLOOR PLEASANTON CA 94588
___________ Bill Number ___________ 20090508153 01 CL
60072 60072
310411201 Re: MERVYN'S HOLDINGS, LLC For services rendered through April 30, 2009:
ASSET ANALYSIS AND RECOVERY 4/01/09 R K CALL WITH COMPANY RE: MAXIMIZING EMPLOYEE HEALTH BENEFITS ASSETS CORRESPOND WITH ROBSON AND C. HERSHCOPF RE: OUTSTANDING LLS. REVIEW EMAIL FROM BDO TO COMMITTEE RE: STATUS OF WIND DOWN. .10 43.50
4/01/09
S V
.20
106.00
4/08/09
JRI
.20
157.00
Task total: ASSET DISPOSITION 4/01/09 S V CORRESPOND WITH SAMIS RE: NOR-CAL STORAGE.
.50
306.50
.20
106.00
Task total: CASE ADMINISTRATION 4/07/09 4/10/09 4/13/09 JRI JRI JRI CALL WITH ARIZONA REPUBLIC ON CASE STATUS. EMAIL EXCHANGE WITH SEAPORT ON CASE STATUS. REVIEW DRAFT CRITICAL DATES UPDATE MEMO AND NOTE COMMENTS.
.20
106.00
.20 .10 .10
157.00 78.50 78.50
Page
MERVYN'S HOLDINGS, LLC 310411201 200905-08153 60072
4/13/09
RRS
4/15/09 4/27/09 4/28/09 4/29/09
JRI JRI JRI JRI
REVIEW COMMITTEE CORRESPONDENCE RE: CASE TIME DEADLINES. RESPOND TO GMAC RE: CASE STATUS. CALL WITH SEVILLE ON CASE STATUS. EMAIL TO COMMITTEE RE: LOGISTICS FOR 5/7 MEETING. EMAIL EXCHANGE WITH CREDINTELL ON CASE STATUS.
.20
152.00
.20 .20 .20 .10
157.00 157.00 157.00 78.50
Task total: CLAIMS 4/06/09 JRI REVIEW ORDER APPROVING AMERICA DAWN ADMINISTRATIVE EXPENSE CLAIM. REVIEW AGREED ORDER ALLOWING ADMINISTRATIVE EXPENSE CLAIM OF HIGH SIERRA. REVIEW AGREED ORDER APPROVING SUSIE COELHO ADMINISTRATIVE EXPENSE CLAIM. T/C WITH GUARDSMARK RE: POST-PETITION PAYMENT AND FOLLOW-UP WITH ROBSON AND LIN. REVIEW ADMINISTRATIVE EXPENSE CLAIMS FILED BY CERTAIN CORPORATIONS. REVIEW CERTAIN ASSIGNMENTS OF CLAIMS FILED. REVIEW ORDER GRANTING ADMINISTRATIVE EXPENSE CLAIM OF REFERENCE CONCEPTS. REVIEW AGREED ORDER ON
1.30
1,015.50
.10
78.50
4/06/09
JRI
.10
78.50
4/06/09
JRI
.10
78.50
4/06/09
S V
.40
212.00
4/07/09
JRI
.10
78.50
4/08/09 4/09/09
JRI JRI
.10 .10
78.50 78.50
4/09/09
JRI
.10
78.50
Page
4/09/09
JRI
4/10/09
JRI
4/13/09
JRI
4/13/09 4/13/09 4/13/09 4/14/09
JRI S V S V JRI
4/14/09
JRI
4/14/09
JRI
4/14/09
JRI
4/14/09 4/14/09 4/14/09
JRI JRI JRI
4/14/09
JRI
ADMINISTRATIVE EXPENSE CLAIM OF JEWEL SOURCE. REVIEW ADMINISTRATIVE EXPENSE CLAIMS FILED BY CERTAIN CORPORATIONS. REVIEW ADMINISTRATIVE EXPENSE CLAIMS FILED BY CERTAIN CORPORATIONS. REVIEW DEBTOR'S OBJECTION TO EASTMAN FOOTWEAR MOTION FOR ADMINISTRATIVE EXPENSE CLAIM. REVIEW ASSIGNMENTS OF CLAIMS FILED. CORRESPOND WITH ROBSON RE: CLAIMS RECONCILIATIONS. CORRESPOND WITH ADMIN CREDITOR RE: CLAIM STATUS. REVIEW ORDER APPROVING COLTER BAY ADMINISTRATIVE EXPENSE CLAIM. REVIEW ORDER ALLOWING ADMINISTRATIVE EXPENSE CLAIM OF CELS. REVIEW AGREED ORDER ON AMERICAN PACIFIC ADMINISTRATIVE EXPENSE CLAIM. REVIEW ADMINISTRATIVE EXPENSE CLAIMS FILED BY CERTAIN TAXING AUTHORITIES. REVIEW NOTICES OF CLAIM TRANSFERS FILED. REVIEW ORDER ALLOWING RUSSELL ADMINISTRATIVE EXPENSE CLAIM. REVIEW ORDER APPROVING DYNASTY FOOTWEAR ADMINISTRATIVE EXPENSE CLAIM. REVIEW ORDER ALLOWING UNION UNDERWEAR ADMINISTRATIVE EXPENSE CLAIM.
.10
78.50
.10
78.50
.10
78.50
.10 .40 .30 .10
78.50 212.00 159.00 78.50
.10
78.50
.10
78.50
.10
78.50
.10 .10 .10
78.50 78.50 78.50
.10
78.50
Page
4/14/09
JRI
4/14/09 4/14/09 4/14/09
JRI JRI S V
4/14/09
S V
4/14/09 4/14/09 4/14/09 4/15/09 4/15/09
S V S V S V JRI S V
4/15/09
S V
4/15/09
S V
4/16/09 4/16/09 4/16/09 4/17/09 4/17/09
S V S V S V JRI S V
REVIEW ORDER ALLOWING VANITY FAIRS ADMINISTRATIVE EXPENSE CLAIM. REVIEW ORDER ALLOWING GMAC ADMINISTRATIVE EXPENSE CLAIM. INTERNAL EMAIL ON CLAIMS RECONCILIATION PROCESS. CORRESPOND WITH HERMAN AND ROSENBLATT RE: HQ LEASE ISSUES. REVIEWED SAMIS E-MAIL AND SPREADSHEET RE: US LESCO CLAIM. CORRESPOND WITH J. INDYKE RE: CLAIM RECONCILIATIONS. CORRESPOND WITH JAY GROUP RE: ADMIN CLAIM. CORRESPOND WITH ROBSON AND SAMIS RE: US LESCO CLAIM. REVIEW CLAIMS ASSIGNMENTS FILED. MULTIPLE CORRESPONDENCE WITH MERVYN'S EMPLOYEES RE: JAY GROUP CLAIM. CALL WITH ROSENBLATT RE: MERVYN'S CLAIM RECONCILIATIONS. MULTIPLE CORRESPONDENCE WITH ADMIN CREDITORS RE: STATUS OF CASE. CORRESPOND WITH WALKER RE: CLAIMS AND LITIGATION STATUS. CORRESPOND WITH ROBSON RE: GUARDSMARK CLAIM. MULTIPLE CORRESPONDENCE WITH JAY GROUP RE: ADMIN CLAIM. REVIEW CLAIMS ASSIGNMENT FILED WITH COURT. CORRESPOND WITH ADMIN.
.10
78.50
.10 .10 .40
78.50 78.50 212.00
.40
212.00
.20 .40 .40 .10 .40
106.00 212.00 212.00 78.50 212.00
.40
212.00
.60
318.00
.20 .20 .70 1.00 .40
106.00 106.00 371.00 785.00 212.00
Page
4/19/09 4/20/09 4/20/09 4/20/09 4/20/09
JRI JRI S V S V S V
4/21/09
JRI
4/21/09 4/21/09
S V S V
4/21/09
S V
4/21/09
S V
4/22/09 4/22/09 4/22/09 4/22/09
JRI JRI S V S V
4/24/09 4/27/09
S V JRI
CREDITORS RE: DISTRIBUTION STATUS. REVIEW CLAIMS ASSIGNMENTS FILED. REVIEW CLAIM TRANSFERS FILED. CORRESPOND WITH W. GIBSON RE: STATUS OF ADMIN CLAIMS. CORRESPOND WITH S. DE RUTH RE: ADMIN CLAIMS STATUS. REVIEWED FIRST OMNIBUS NON-SUBSTANTIVE OBJECTION TO CLAIMS. REVIEW AGREED ORDER APPROVING ADMINISTRATIVE EXPENSE CLAIM FOR JCS APPAREL. CORRESPOND WITH ROSENBLATT RE: CAR-O-VAN AGREEMENT. CALL WITH ROBSON, HERMAN AND ROSENBLATT RE: CLAIMS RECONCILIATIONS. CONFERENCE WITH ROBSON RE: STATUS OF CLAIMS RECONCILIATIONS. CONTINUED MERVYN'S EMPLOYEE INTERVIEWS RE: 2004 TRANSACTION. REVIEW ADMINISTRATIVE CLAIMS FILED BY CORPORATIONS. REVIEW TRANSFERS OF CLAIMS FILED. REVIEWED U.S. JESCO SETTLEMENT STIPULATION. REVIEWED ROBSON PROPOSAL RE: CONTINUATION OF WIND DOWN TEAM. REVIEWED JAY GROUP ADMIN CLAIM ORDER. EMAIL EXCHANGE WITH NIKE ON 1ST OMNIBUS OBJECTION TO
.10 .10 .40 .30 1.10
78.50 78.50 212.00 159.00 583.00
.10
78.50
.20 .40
106.00 212.00
.80
424.00
2.80
1,484.00
.10 .10 .60 .40
78.50 78.50 318.00 212.00
.10 .10
53.00 78.50
Page
4/27/09
S V
4/27/09 4/28/09 4/28/09
S V JRI S V
4/29/09 4/29/09
JRI JRI
CLAIM. REVIEWED FIRST OMNIBUS CLAIMS OBJECTION RE: NIKE CLAIMS AND CORRESPOND WITH J. INDYKE RE: SAME. REVIEWED SECOND POST-PETITION BAR DATE MOTION. REVIEW ASSIGNMENTS OF CLAIMS FILED. CORRESPOND WITH SAMIS RE: VERIZON CLAIM; CORRESPOND WITH J. INDYKE AND C. HERSHCOPF RE: SAME. REVIEW CLAIMS ASSIGNMENTS FILED. REVIEW CERTAIN AMENDED ADMINISTRATIVE CLAIMS FILED.
.60
318.00
.60 .10 .50
318.00 78.50 265.00
.10 .10
78.50 78.50
Task total: EMPLOYEE BENEFITS/PENSIONS 4/09/09 4/17/09 4/27/09 4/28/09 CRH JRI CRH S V FOLLOW UP WITH ROBSON RE: EMPLOYEES LEFT. REVIEW EMAILS ON COMPLETION PAY FOR EXECUTIVES. STRUCTURE FURTHER "RETENTION" BONUSES FOR DAVID'S TEAM. CORRESPOND WITH WALKER RE: CONTINUING EMPLOYMENT OF WIND-DOWN TEAM. CALL WITH ROBSON AND WALKER RE: EXTENDING EMPLOYMENT OF WIND-DOWN TEAM.
18.80
11,035.00
.60 .10 .20 .40
423.00 78.50 141.00 212.00
4/30/09
S V
.50
265.00
Task total: FEE/EMPLOYMENT APPLICATIONS
1.80
1,119.50
Page
4/08/09 4/08/09 4/09/09 4/10/09 4/13/09 4/13/09
JRI JRI JRI JRI JRI JRI
4/13/09 4/13/09 4/13/09 4/13/09 4/14/09 4/14/09 4/15/09 4/17/09 4/18/09 4/19/09 4/20/09
JRI JRI JRI RRS JRI S V R K R K JRI R K R K
4/20/09
JRI
REVIEW FRIEDMAN KAPLAN FEE APPLICATION FOR JANUARY. ATTENTION TO FIRM TIME AND EXPENSE RECORDS FOR MARCH. REVIEW BDO FEE APPLICATION FOR FEBRUARY. REVIEW FIRST QUARTERLY FEE APPLICATION OF TRAXI. REVIEW MORGAN LEWIS FEE APPLICATION FOR FEBRUARY. REVIEW ORDER GRANTING 2ND APPLICATION FOR REIMBURSEMENT OF COMMITTEE MEMBER EXPENSES. REVIEW TRAXI FEE APPLICATION FOR FEBRUARY. REVIEW FRIEDMAN KAPLAN FEE APPLICATION FOR FEBRUARY. REVIEW BAYARD FEE APPLICATION FOR FEBRUARY. CALL RE: POTENTIAL DISCLOSURE ISSUE. FINALIZE INVOICE FOR MARCH TIME. ATTENTION TO CGK FEE AND EXPENSE PAYMENTS RECEIVED. DRAFT EIGHTH MONTHLY FEE STATEMENT DRAFT EIGHTH MONTHLY FEE STATEMENT REVIEW PAUL HASTINGS FEE APPLICATION FOR JANUARY. DRAFT EIGHTH MONTHLY FEE STATEMENT DRAFT SECOND INTERIM FEE APPLICATION (.7); PREPARE FEE APPLICATION AND MONTHLY FEE STATEMENT FOR FILING (.3) REVIEW ORDER AWARDING
.10 1.20 .10 .10 .30 .10
78.50 942.00 78.50 78.50 235.50 78.50
.10 .10 .10 .40 .20 .30 2.50 .60 .20 .20 1.00
78.50 78.50 78.50 304.00 157.00 159.00 1,087.50 261.00 157.00 87.00 435.00
.10
78.50
Page
4/20/09
JRI
4/21/09 4/21/09 4/21/09 4/22/09 4/22/09 4/27/09 4/28/09 4/28/09 4/28/09
JRI JRI JRI JRI S V S V JRI S V S V
COMPENSATION TO MORGAN LEWIS ON SUPPLEMENTAL STATEMENT. REVIEW AND COMMENT ON NARRATIVE FOR FIRM FEE APPLICATION FOR MARCH. REVIEW E&Y FEE APPLICATION FOR FEBRUARY. REVIEW KCC FEE STATEMENT FOR FEBRUARY. REVIEW RICHARDS LAYTON FEE APPLICATION FOR FEBRUARY. REVIEW ASHBY & GEDDES FEBRUARY FEE APPLICATION. REVIEWED TRAXI MARCH FEE APPLICATION. REVIEWED WEINTRAUB FEE APPLICATION. REVIEW PAUL HASTINGS FEE APPLICATION FOR FEBRUARY. REVIEWED CGK MONTHLY BILL. REVIEWED PAUL HASTINGS FEE APPLICATION.
.20
157.00
.10 .10 .20 .10 .30 .40 .20 .40 .40
78.50 78.50 157.00 78.50 159.00 212.00 157.00 212.00 212.00
Task total: LITIGATION 3/20/09 NAC CONFERENCE WITH J. STEWART RE: ASSIGNMENT (.2); ATTENTION TO COORDINATION AND ORGANIZATION OF RELEVANT DOCUMENTS RE: PROSECUTION OF 2004 TRANSACTION LITIGATION (.8). LEGAL RESEARCH RE: ISSUES IN CONNECTION WITH 2004 TRANSACTION LITIGATION (2.4); DRAFT DETAILED SUMMARY OF
10.10
5,954.50
1.00
210.00
4/01/09
R K
3.40
1,479.00
Page
4/01/09
GAO
4/01/09
PMC
4/01/09 4/01/09
RRS JRI
4/01/09
JLS
4/01/09 4/01/09
N S N S
4/01/09 4/01/09 4/01/09 4/02/09 4/02/09
N S S V MLR PMC RRS
SAME (1.0) CONTINUED REVIEW OF ADDITIONAL CDS (8 IN TOTAL) RECEIVED FROM PAUL HASTINGS CONTAINING MERVYN'S LEASING INFORMATION (.8) AND 2004 TRANSACTION CDS NO. 1-5 (FROM A TOTAL OF 23 CDS) (.7); UPDATING OF INDEX SUMMARIZING CONTENTS OF SUCH CDS (.4) REVIEW LATEST INDEX AND CONSOLIDATE SAME AND CORRESPONDENCE WITH N. SMITHBERG, J. STEWART AND J. DAVIS RE IRON MOUNTAIN FILE MOVE TO COROVAN CONFER WITH TEAM RE: REVISIONS TO COMPLAINT. REVIEW AND NOTE COMMENTS ON DRAFT COMPLAINT AGAINST SUN ON LIEN AVOIDANCE. EMAIL CORRESPONDENCE REGARDING DOCUMENT RETENTION AND DOCUMENT REVIEW (0.2) ATTENTION TO SUN COMPLAINT ATTENTION TO DOCUMENT ORGANIZATION AND DISCOVERY PROCESS CORRESPONDENCE WITH RON SUSSMAN RE: SUN COMPLAINT REVIEW AND REVISION OF SUN COMPLAINT. DATA MANAGEMENT INTO LITIGATION REVIEW TOOL WORK WITH D. ROBINSON RE COROVAN FILE INDEX REVISED COMPLAINT, REVIEW AND CONSULT WITH N. SMITHBERG RE:
1.90
940.50
2.50
862.50
.40 1.30
304.00 1,020.50
.20
106.00
.30 .40
174.00 232.00
.20 3.40 2.50 .90 2.20
116.00 1,802.00 475.00 310.50 1,672.00
Page
10
4/02/09
JRI
4/02/09 4/02/09 4/02/09 4/02/09 4/02/09 4/02/09 4/02/09
GAO N S N S N S N S N S N S
4/02/09 4/02/09
MLR NAC
4/03/09
PMC
4/03/09
RRS
SAME. REVIEW CORRESPONDENCE ON REVISING COMPLAINT AGAINST SUN AND NOTE COMMENTS. REVIEW OF 2004 TRANSACTION DOCUMENTS. ATTENTION TO DISCOVERY PREPARATION O/C W/JENN STEWART RE: SUN COMPLAINT O/C W/CATHY HERSHCOPF RE: SUN COMPLAINT O/C W/RON SUSSMAN RE: SUN COMPLAINT PREPARED REVISIONS TO SUN COMPLAINT COORDINATED SERVICE AND FILING OF SUN COMPLAINT; P/C W/JENN STEWART RE: SAME DATA MANAGEMENT FOR LITIGATION REVIEW TOOL REVIEWED AND ORGANIZED DATA FOR EXPERTS RE: 2004 TRANSACTION LITIGATION AND CREATED EXCEL SPREADSHEET OF SAME (2.5); CONDUCTED CORE FILE ORGANIZATION FOR J. STEWART IN BOSTON OFFICE (.5). WORK WITH D. ROBINSON RE COROVAN FILE INDEX AND SUBMIT FILE REQUEST FORM TO COROVAN RE ED BECK FILES AND CORRESPONDENCE WITH J. STEWART AND N. SMITHBERG RE SAME SUN COMPLAINT REVIEWS AND INTERNAL CORRESPONDENCE RE: SAME.
.30
235.50
1.90 .40 .30 .30 .30 1.30 .60
940.50 232.00 174.00 174.00 174.00 754.00 348.00
1.20 3.00
228.00 630.00
3.30
1,138.50
.60
456.00
Page
11
4/03/09
RRS
4/03/09 4/03/09
RRS JRI
4/03/09
JRI
4/03/09
JRI
4/03/09 4/03/09
JRI GAO
4/03/09
TMD
4/03/09 4/03/09 4/03/09
TMD TMD JLS
RESPONSIVE PLEADINGS TO 2004 TRANSACTION LITIGATION CORRESPONDENCE. MEETING RE: PARALEGAL DOCUMENT REVIEWS. EMAIL TO COMMITTEE ON RESPONSES TO 2004 TRANSACTION TIME LINE ON LITIGATION BEING FILED AND SUN LIEN COMPLAINT. REVIEW EMAILS FROM STEWART RE: FILING OF RESPONSES TO 2004 TRANSACTION LITIGATION COMPLAINT. REVIEW FURTHER REVISIONS TO SUN LIEN COMPLAINT AND NOTE COMMENTS. EMAIL TO COMMITTEE WITH DRAFT COMPLAINT AGAINST SUN. REVIEW OF ANSWERS TO AMENDED COMPLAINT BY GOLDMAN, CERBERUS AND LUBERT-ADLER (2.7); REVIEW OF MOTION TO DISMISS FILED BY TARGET (1.2) TELEPHONE CONVERSATION WITH J. STEWART RE TAPE INDEX SEARCHES AND COMPUTER STORAGE SEARCH DOCUMENT INDEXES PREPARE ELECTRONIC DOCUMENTS FOR REVIEW CONFERENCE CALL REGARDING RESPONSES TO THE AMENDED COMPLAINT (0.2); CONFERENCE CALL REGARDING PROSECUTION OF LITIGATION (0.2); CONFERENCE CALL REGARDING FILING OF THE COMPLAINT (0.2); REVIEW OF VARIOUS DOCUMENTS REGARDING FILING OF THE COMPLAINT (0.6); CONFERENCE CALL
.40
304.00
.20 .10
152.00 78.50
.20
157.00
.20
157.00
.20 3.90
157.00 1,930.50
1.00
310.00
.80 .90 7.00
248.00 279.00 3,710.00
Page
12
4/03/09
NAC
4/03/09 4/03/09 4/03/09
N S N S N S
4/03/09
N S
4/03/09 4/03/09 4/03/09 4/03/09
CRH CRH M O R K
REGARDING ELECTRONIC DATA RETENTION (0.5); CONFERENCE REGARDING ORGANIZATION OF DOCUMENTS (0.2); REVIEW OF DOCUMENTS (0.9); REVIEW OF MOTION TO DISMISS FILED BY TARGET (1.2); EMAIL CORRESPONDENCE REGARDING SAME (0.4); REVIEW OF ANSWERS TO THE AMENDED COMPLAINT (2.1); EMAIL CORRESPONDENCE REGARDING ANSWERS (0.5) COORDINATED ORGANIZATION OF MATERIALS AND ELECTRONIC DATA (2.5); CREATED EXCEL SPREADSHEET OF SAME FOR J. STEWART (1.0); COORDINATED CORE-FILING OF ALL INCOMING MATERIALS (.8); CONFERENCE WITH J. STEWART RE: STATUS OF ORGANIZATION (.2). REVIEWED TARGET MOTION TO DISMISS REVIEWED ANSWERS OF PE DEFENDANTS ATTENTION TO FINALIZATION, SERVICE AND FILING OF SUN COMPLAINT ATTENTION TO WAREHOUSE ISSUES; CORRESPONDENCE WITH JENN STEWART AND PETER COLOSI RE: SAME COMMENTS TO 2004 TRANSACTION COMPLAINT. REVIEW TARGET MTD. REVIEW DEFENDANTS' PLEADINGS FILED TODAY REVIEW AND ANALYZE TARGET MOTION TO DISMISS (1.5);
4.50
945.00
1.30 1.40 2.10
754.00 812.00 1,218.00
.40
232.00
2.90 .90 2.00 2.70
2,044.50 634.50 870.00 1,174.50
Page
13
4/04/09 4/05/09 4/05/09 4/05/09 4/05/09 4/05/09 4/05/09
JRI RRS RRS RRS RRS RRS RRS
4/05/09
JLS
4/06/09
R K
4/06/09 4/06/09 4/06/09
EAK RRS RRS
4/06/09
RRS
CONFERENCE WITH C. HERSHCOPF RE: SUN SECOND LIEN COMPLAINT (.7); REVISE SUN COMPLAINT (.5) REVIEW COMMENT FROM LEDER IN COMPLAINT AGAINST SUN. ANALYZE SUN ANSWER. ANALYZE LUPERT ADLER ANSWER. ANALYZE CERBERUS ANSWER. ANALYZE TARGET MTD. GOLDMAN ANSWER, REVIEW AND ANALYSIS. MAP STRATEGIC APPROACH AND ALTERNATIVES TO DEFENDANTS RESPONSIVE PLEADINGS. REVIEW OF ANSWERS AND MOTION TO DISMISS FILED BY DEFENDANTS (2.3) LITIGATION TEAM MEETING RE: ANSWERS AND MTD (.6); FOLLOW UP RE: SAME (.2); CONTINUED REVIEW OF TARGET MOTION TO DISMISS AND ANSWERS (1.0); CALL WITH J. STEWART AND M. OSTROVSKY RE: 2004 TRANSACTION LITIGATION ISSUES (.5); FOLLOW UP RE: SAME (.1); CALL WITH LITIGATION TEAM RE: DISCOVERY ISSUES RE: 2004 TRANSACTION (.6) MEET MESSENGER AND RECEIVE BOXES OF FILES FROM CLIENT REVIEW PROPOSED MODIFIED LITIGATION SCHEDULE. REVIEW, ANALYZE AND CONSIDER STRATEGIC ISSUES RELATIVE TO TARGET. CORRESPONDENCE WITH TEAM RE: SAN FRANCISCO MEETINGS RE:
.10 1.40 .80 .70 4.20 .60 1.30
78.50 1,064.00 608.00 532.00 3,192.00 456.00 988.00
2.30
1,219.00
3.00
1,305.00
.60 .20 1.80
114.00 152.00 1,368.00
.60
456.00
Page
14
4/06/09
RRS
4/06/09
RRS
4/06/09
GAO
4/06/09
GAO
4/06/09
PMC
4/06/09
PMC
4/06/09
TMD
4/06/09
TMD
DISCOVERY ISSUES. SUN LIEN LITIGATION COMPLAINT CHANGES AND CONSULT RE: FILING AND COMMENCEMENT. 2004 TRANSACTION LITIGATION TEAM MEETING RE: MTD AND RESPONSIVE PLEADINGS. CONTINUED REVIEW OF ANSWERS TO AMENDED COMPLAINT BY GOLDMAN, CERBERUS AND LUBERT-ADLER (1.2); CONTINUED REVIEW OF MOTION TO DISMISS FILED BY TARGET (.5); DRAFTING OF CHART COMPARING THE INDIVIDUAL ANSWERS TO THE AMENDED COMPLAINT (3.2) CONTINUE WORK ON CHART COMPARING THE INDIVIDUAL ANSWERS TO THE AMENDED COMPLAINT. CORRESPONDENCE WITH J. STEWART, K. RUFF, AND E. DOMINGUEZ RE CONFERENCE CALL AND ATTEND CONFERENCE CALL WITH J. STEWART, G. ORDONEZ, R. KALNIT, T. DUNHAM, AND M. ROBINSON RE MERVYN'S DISCOVERY PROCESS GOING FORWARD READ CASE BACKGROUND MATERIALS IN PREPARATION FOR CONFERENCE CALL WITH J. STEWART AND K. RUFF CONFERENCE CALL WITH J. STEWART, P. COLOSI, M. ROBINSON RE DISCOVERY DOCUMENT REQUESTS TELEPHONE CONVERSATION WITH DOCUMENT SCANNING AND
.60
456.00
.60
456.00
4.90
2,425.50
4.50
2,227.50
2.00
690.00
1.20
414.00
1.00
310.00
.70
217.00
Page
15
4/06/09 4/06/09
TMD JLS
4/06/09 4/06/09
N S N S
PROCESSING VENDOR RE DOCUMENT SPECIFICATIONS FOR REVIEW REVIEW DELAWARE LOCAL RULES REVIEW OF ANSWERS AND MOTION TO DISMISS, INCLUDING REVIEW OF CITED CASE LAW (1.8); PREPARATION FOR TEAM MEETING (0.6); TEAM MEETING REGARDING PROSECUTION OF THE LITIGATION (0.5); CONFERENCE CALL WITH DEFENDANTS COUNSEL REGARDING SCHEDULING CONFERENCE (0.2); CONFERENCE CALL WITH TARGET'S COUNSEL REGARDING RESPONSE TIME TO MOTION TO DISMISS AND SCHEDULING CONFERENCE (0.2); CONFERENCE CALL WITH LITIGATION TEAM REGARDING DOCUMENT PRESERVATION AND REVIEW (0.5); CONFERENCE CALL REGARDING PROSECUTION OF THE 2004 TRANSACTION LITIGATION (0.6); CONFERENCE CALL REGARDING RESPONSE TO MOTION TO DISMISS (0.5); CONFERENCE CALL WITH LOCAL COUNSEL REGARDING ANSWERS AND MOTION TO DISMISS (0.2); REVIEW OF CASE LAW IN FURTHERANCE OF PROSECUTION OF 2004 TRANSACTION LITIGATION (2.2); REVIEW OF DOCUMENTS IN FURTHERANCE OF PROSECUTION OF THE 2004 TRANSACTION LITIGATION (2.3) ATTENTION TO TREATMENT OF PCS FROM DCS CONFERENCE CALL WITH RON SUSSMAN, JENN STEWART ET AL
.50 9.60
155.00 5,088.00
.30 .60
174.00 348.00
Page
16
4/06/09 4/06/09 4/06/09 4/06/09 4/06/09
N S N S N S MLR CRH
4/06/09
CRH
4/06/09
M O
4/06/09 4/07/09
MLR RRS
4/07/09 4/07/09
RRS RRS
4/07/09 4/07/09 4/07/09
RRS RRS RRS
4/07/09
RRS
RE: DEFENDANT'S ANSWERS AND MOTION TO DISMISS REVIEW TARGET MOTION TO DISMISS REVIEWED P/E DEFENDANTS' ANSWERS LEGAL RESEARCH RE: STATUTE OF LIMITATIONS CONFERENCE CALL WITH TEAM RE: DISCOVERY DOCUMENT REQUEST REVIEW 2004 TRANSACTION COMPLAINT AND PROVIDE COMMENTS. COORDINATE DISCOVERY DOCUMENT MANAGEMENT ISSUES BETWEEN LIT TEAM AND REMAINING EMPLOYEES. CONDUCT LEGAL RESEARCH AND DRAFT PORTIONS OF OPPOSITION TO MOTION TO DISMISS (4), CONDUCT CONFERENCE CALL WITH TEAM RE SAME (0.7) MANAGE DATE INTO ONLINE REVIEW TOOL FOLLOW-UP FURTHER RESEARCH RE: MTD ISSUES RAISED BY TARGET. REVIEW FILED SUN COMPLAINT AND PRE-TRIAL NOTICE. MEET WITH TEAM RE: TARGET MOTION TO DISMISS AND STRATEGIC RESPONSES. MTD EXTENSION CONFIRMATION. FOLLOW-UP RE: FILING OF SUN LIEN COMPLAINT. LEGAL RESEARCH RE: SELECTED ASPECTS OF TARGET MOTION TO DISMISS. CORRESPOND RE: CONSULTING AGREEMENT AND DOCUMENT
2.30 2.60 2.40 .70 1.60
1,334.00 1,508.00 1,392.00 133.00 1,128.00
1.40
987.00
4.70
2,044.50
3.00 .60
570.00 456.00
.30 .70
228.00 532.00
.20 .40 1.10
152.00 304.00 836.00
.30
228.00
Page
17
4/07/09
RRS
4/07/09
NAC
4/07/09
GAO
4/07/09 4/07/09
GAO JRI
4/07/09 4/07/09 4/07/09 4/07/09
JRI JRI JRI KAR3
4/07/09
PMC
SUPPORT ISSUES. FOLLOW-UP RE: MTD RESPONSE DATE FOR TARGET; CONFER RE: DUE DILIGENCE TRIP. CONFERENCE WITH J. STEWART RE: CASE ORGANIZATION (.1); CONDUCTED COORDINATION AND ORGANIZATION OF DOCUMENTS RELATIVE TO 2004 TRANSACTION LITIGATION (2.0); CREATED SPREADSHEET RE: SAME (.5). CONTINUE WORK ON CHART COMPARING THE INDIVIDUAL ANSWERS TO THE AMENDED COMPLAINT. CONTINUE REVIEW OF 2004 TRANSACTION DOCUMENTS. REVIEW INTERNAL EMAILS ON FILING LIEN EVIDENCE COMPLAINT AGAINST SUN. REVIEW ENTERED ORDER ON PRIVILEGE. EMAIL TO COMMITTEE ON FILING OF COMPLAINT AGAINST SUN. REVIEW EMAIL ON FILING OF SUN COMPLAINT. REVIEW COMPLAINT, TARGET MOTION TO DISMISS, ANSWERS TO COMPLAINT (2.0); CONFERENCE CALL WITH J. STEWART AND P. COLOSI RE DOCUMENT REVIEW (.4); ATTENTION TO DOCUMENT REVIEW ISSUES (.3) REVIEW BACKGROUND MATERIAL AND DISCUSSIONS WITH K. RUFF RE SAME AND ATTEND CONFERENCE CALL WITH J. STEWART AND K. RUFF RE DISCOVERY PROCESS MOVING FORWARD
.40
304.00
2.60
546.00
4.10
2,029.50
2.40 .10
1,188.00 78.50
.10 .10 .10 2.70
78.50 78.50 78.50 1,053.00
2.30
793.50
Page
18
4/07/09
JLC
4/07/09
JLC
4/07/09
JLS
4/07/09 4/07/09
N S N S
O/C WITH INTERNAL TEAM TO DISCUSS STRATEGIC RESPONSE TO MTD. O/C WITH R. SUSSMAN AND N. SMITHBERG RE: MOTION TO DISMISS. DRAFTING OF MEMO REGARDING PROSECUTION OF THE 2004 TRANSACTION LITIGATION (3.2); EMAIL CORRESPONDENCE REGARDING DOCUMENT RETENTION (0.5); CONFERENCE CALL REGARDING DISCOVERY (0.4); CALL WITH DEFENDANTS' COUNSEL REGARDING SCHEDULING ORDER (0.1); CONFERENCE CALL REGARDING FILING AND SERVICE OF COMPLAINT (0.1); REVIEW OF COMPLAINT (0.3); RESEARCH REGARDING SERVICE OF COMPLAINT (0.8); EMAIL CORRESPONDENCE REGARDING FILING AND SERVICE OF COMPLAINT (0.4); CONFERENCE CALL REGARDING DOCUMENT REVIEW (0.1); CONFERENCE CALL REGARDING PROSECUTION OF THE 2004 TRANSACTION LITIGATION (0.4); CONFERENCE CALL REGARDING RESPONSE TO MOTION TO DISMISS (0.7); CONFERENCE CALL REGARDING RESEARCH IN FURTHERANCE OF THE PROSECUTION OF THE 2004 TRANSACTION LITIGATION (0.2) COORDINATED FINALIZATION AND FILING OF SUN COMPLAINT O/C W/RON SUSSMAN AND JEFF COHEN RE: LITIGATION
1.00
555.00
.60
333.00
7.20
3,816.00
2.10 1.10
1,218.00 638.00
Page
19
4/07/09 4/07/09 4/07/09
N S N S S V
4/07/09 4/07/09 4/07/09
S V CRH CRH
4/07/09
LDM1
4/08/09
R K
4/08/09
GAO
4/08/09 4/08/09
GAO JRI
4/08/09 4/08/09
PMC PMC
STRATEGY; PREP FOR SAME O/C W/RON SUSSMAN AND JENN STEWART RE: DISCOVERY PROCESS REVIEWED WORK PRODUCT RE: MOTION TO DISMISS ISSUES CORRESPOND WITH C. HERSHCOPF AND G. ODONEZ RE: 4/20 SAN. FRANCISCO MEETING. REVIEWED FILED VERSION OF SUN SECOND LIEN COMPLAINT. REVIEW SUN COMPLAINT AND MAKE FINAL REVISIONS. CONFER WITH LIT TEAM RE: DOCUMENT MANAGEMENT ISSUES AND ASSISTANCE FROM REMAINING EMPLOYEES. RESEARCH, LOCATE, AND PRINT ARTICLE AND OPINION FOR R. KALNIT CONFERENCE WITH J. STEWART AND M. OSTROVSKY RE: MOTION TO DISMISS RESEARCH (.3); CONSIDER RESEARCH ISSUES (.3); LEGAL RESEARCH RE: 2004 TRANSACTION LITIGATION ISSUES FOR REPLY TO MTD (2.5); LITIGATION TEAM MEETING (.4) CONTINUE WORK ON CHART COMPARING THE INDIVIDUAL ANSWERS TO THE AMENDED COMPLAINT. CONTINUE REVIEW OF 2004 TRANSACTION DOCUMENTS. REVIEW CERTAIN TRANSACTION MATERIALS FROM WEINTRAUB'S OFFICE. REVISE INDEX FOR ERRORS AND CREATE MASTER ERROR LIST PHONE CALLS WITH J. BARNES RE
.80 .90 .20
464.00 522.00 106.00
.40 1.10 1.40
212.00 775.50 987.00
.50
97.50
3.50
1,522.50
3.90
1,930.50
2.90 .10
1,435.50 78.50
1.00 .30
345.00 103.50
Page
20
4/08/09
PMC
4/08/09
RRS
4/08/09 4/08/09
RRS RRS
4/08/09
JLS
INDEX REVISE INDEX BASED ON CUBE AND ROOM NUMBERS AND REVIEW DESCRIPTIONS TELEPHONIC AND COURT CONFERENCE STRATEGIC CONSULTS. CORRESPONDENCE RE: WITNESS MEETING POTENTIAL. CONFER WITH TEAM RE: FIDUCIARY DUTY CLAIMS AND LEGAL RESEARCH. CONFERENCE CALL REGARDING PREPARATION OF MEMO IN FURTHERANCE OF THE PROSECUTION OF THE 2004 TRANSACTION LITIGATION (1.1); LITIGATION TEAM CALL REGARDING PROSECUTION OF THE 2004 TRANSACTION LITIGATION (0.5); CONFERENCE CALL REGARDING SCHEDULING CONFERENCE DATE (0.1); CONFERENCE CALL WITH DEFENDANT'S COUNSEL REGARDING SAME (0.1); CONFERENCE CALL WITH LOCAL COUNSEL REGARDING SAME (0.2); EMAIL CORRESPONDENCE REGARDING NEW SCHEDULING CONFERENCE DATE (0.1); DRAFTING OF MEMO REGARDING PROSECUTION OF THE LITIGATION (2.5); DRAFTING OF CHART IN SUPPORT OF PROSECUTION OF THE LITIGATION (1.8); REVIEW OF DOCUMENTS FOR MEMO AND CHART (1.5); REVIEW OF RESPONSES TO AMENDED COMPLAINT (1.2);
3.80
1,311.00
.40
304.00
.20 .70
152.00 532.00
10.10
5,353.00
Page
21
4/08/09
NAC
4/08/09 4/08/09 4/08/09 4/08/09 4/08/09 4/08/09 4/08/09 4/08/09 4/08/09
N S N S N S N S N S N S MLR CRH M O
4/08/09 4/08/09
TNY R S
4/09/09
R K
REVIEW OF CASE LAW IN FURTHERANCE OF PROSECUTION OF THE LITIGATION (1.0) CONFERENCE WITH J. STEWART RE: ASSIGNMENT (.1); CONFERENCE CALL RE: FURTHERANCE OF THE PREPARATION OF THE LITIGATION; (.2); CREATED VARIOUS WORKING BINDERS (3.8). P/C W/JENN STEWART RE: DISCOVERY ISSUES P/C W/PETER COLOSSI RE: COR-O-VAN ISSUES O/C W/RICHELLE KALNIT RE: DOCUMENT REQUESTS P/C W/GREG SPITZER RE: SALE/LEASE BACK DOCUMENTS LITIGATION TEAM MEETING; PREP FOR SAME ATTENTION TO DOCUMENT REQUESTS CONSULT WITH TEAM REGARDING ONLINE REVIEW TOOK CALLS AND EMAILS RE: SUN COMPLAINT. REVIEW FRIEDMAN KAPLAN RESEARCH MEMORANDA (1.2), CONDUCT LEGAL RESEARCH FOR OPPOSITION TO MOTION TO DISMISS (4) LOAD PRODUCTION CD'S FOR ATTORNEY REVIEW SEARCH AND PRINT SEVERAL WESTLAW AND LEXIS STATE AND FEDERAL CASES FOR N. CUNNINGHAM. LEGAL RESEARCH RE: ISSUES FOR
4.10
861.00
.40 .40 .30 .30 1.10 1.10 .50 .90 5.20
232.00 232.00 174.00 174.00 638.00 638.00 95.00 634.50 2,262.00
2.90 2.50
565.50 487.50
5.40
2,349.00
Page
22
4/09/09
GAO
4/09/09 4/09/09
GAO PMC
4/09/09
RRS
4/09/09
JLS
4/09/09
N S
4/09/09
N S
4/09/09
MLR
4/09/09
TNY
OPPOSITION TO TARGET MTD CONTINUE WORK ON CHART COMPARING THE INDIVIDUAL ANSWERS TO THE AMENDED COMPLAINT. CONTINUE REVIEW OF 2004 TRANSACTION DOCUMENTS. REVISE COROVAN INDEX FURTHER AND BEGIN REVIEW OF BACKGROUND MATERIALS REVIEW AND CONFER RE: DISCOVERY AND MTD RESPONSIVE PLEADINGS. DRAFTING OF MEMO REGARDING PROSECUTION OF THE LITIGATION (1.2); DRAFTING OF CHART REGARDING PROSECUTION OF LITIGATION (1.8); REVIEW OF RESPONSES TO THE AMENDED COMPLAINT (2.0); REVIEW OF CLIENT DOCUMENTS REGARDING DISCOVERY (1.4); CONFERENCE CALL WITH LOCAL COUNSEL REGARDING DEFAULT OF BANK OF AMERICA (0.6); REVIEW OF DEFAULT PLEADINGS (0.5); CONFERENCE CALL REGARDING DOCUMENT REVIEW (0.2) CORRESPONDENCE W/RON SUSSMAN AND JENN STEWART RE: BANK OF AMERICA DEFAULT CORRESPONDENCE WITH PETER COLOSSI RE: STORE LOCATIONS AND COR-O-VAN INDEX MANAGE ONLINE DATA TO BE LOADED INTO ONLINE REVIEW TOOL ASSIST M. ROBINSON WITH DATABASE SEARCHES; LOAD
4.60
2,277.00
1.50 3.00
742.50 1,035.00
4.70
3,572.00
7.70
4,081.00
.20
116.00
.20
116.00
1.50
285.00
1.40
273.00
Page
23
4/10/09
R K
4/10/09
R K
4/10/09
GAO
4/10/09
PMC
4/10/09
PMC
4/10/09 4/10/09 4/10/09 4/10/09
RRS RRS RRS JLS
MERVYN'S LEASES DOCUMENTS LEGAL RESEARCH RE: ISSUES FOR OPPOSITION TO TARGET MTD (1.8); DRAFT MEMORANDUM RE: SAME (2.0) CONTINUED LEGAL RESEARCH RE: ISSUES FOR OPPOSITION TO TARGET MTD CONTINUE WORK ON CHART COMPARING THE INDIVIDUAL ANSWERS TO THE AMENDED COMPLAINT (2.3 HRS); CONTINUE REVIEW OF 2004 TRANSACTION DOCUMENTS (1.5); AND PREPARATION OF CHART IN CONNECTION WITH DEFENDANTS' AFFIRMATIVE RESPONSES (0.8 HRS). WORK WITH D. ROBINSON TO REVIEW AND CLEAN UP INDEX AND REVIEW SAME REVIEW COMPARISON OF ANSWERS TO THE AMENDED COMPLAINT AND MARKED COMPLAINT BANK OF AMERICA DEFAULT AND CALLS. REVIEW, COMMENT AND INSTRUCT RE: "MARKED" COMPLAINT. REVIEW AND COMMENT UPON MEMO ANALYZING ANSWERS AND MTD. DRAFTING OF MEMO IN FURTHERANCE OF PROSECUTION OF THE LITIGATION (0.8); REVIEW OF DOCUMENTS FOR SAME (0.7); DRAFTING OF CHART IN FURTHERANCE OF PROSECUTION OF THE LITIGATION (2.9); REVIEW OF DOCUMENTS FOR SAME (2.0); CONFERENCE CALL WITH COUNSEL
3.80
1,653.00
2.00
870.00
4.60
2,277.00
4.00
1,380.00
.50
172.50
.70 1.30 1.20 7.10
532.00 988.00 912.00 3,763.00
Page
24
4/10/09 4/10/09
N S S V
4/10/09 4/10/09
MLR M O
4/11/09
TMD
4/11/09
TMD
4/12/09
R K
4/12/09
PMC
4/13/09
GAO
FOR BANK OF AMERICA (0.2); EMAIL COMMUNICATION REGARDING SAME WITH BANK OF AMERICA (0.2); EMAIL COMMUNICATION WITH LITIGATION TEAM REGARDING UPDATE ON BANK OF AMERICA (0.1); EMAIL COMMUNICATION REGARDING UPCOMING LITIGATION DATES (0.2) REVIEWED WORK PRODUCT RE: DEFENDANTS' ANSWERS REVIEWED ANSWER COMPARISON MEMO AND MARKED COMPLAINT RE: 2004 TRANSACTION LITIGATION. MANAGE NETWORK DATA REVIEW J. STEWART'S MEMOS ANALYZING DEFENDANTS' ANSWERS TO AMENDED COMPLAINT (1.5), REVIEW AND ANALYZE DEAL DOCUMENTS (1.5) EMAIL J. STEWART AND P. COLOSI RE COLLECTED DATA AND TAPE BACKUP FILES SEARCH COLLECTED DATA FOR TAPE BACKUP INDEX AND HUMAN RESOURCES RECORDS REVISE MEMO ON LEGAL RESEARCH RE: 2004 TRANSACTION LITIGATION ISSUES (.9); LEGAL RESEARCH RE: 2004 TRANSACTION LITIGATION ISSUES FOR OPPOSITION TO MOTION TO DISMISS REVIEW AND PARSE INDEX INTO STORES AND HEADQUARTER INFORMATION CONTINUE REVIEW OF 2004 TRANSACTION DOCUMENTS.
1.30 .70
754.00 371.00
1.50 3.00
285.00 1,305.00
.30
93.00
1.10
341.00
2.90
1,261.50
3.00
1,035.00
2.90
1,435.50
Page
25
4/13/09
R K
4/13/09 4/13/09 4/13/09 4/13/09
R K JRI TNY RRS
4/13/09 4/13/09
RRS RRS
4/13/09
RRS
4/13/09 4/13/09 4/13/09 4/13/09
PMC TMD TMD TMD
4/13/09
JLS
4/13/09 4/13/09
N S N S
DRAFT SUMMARY OF LEGAL RESEARCH RE: ISSUES FOR OPPOSITION TO TARGET MTD (2.0); LEGAL RESEARCH RE: ISSUES FOR OPPOSITION TO TARGET MTD (2.3) LEGAL RESEARCH RE: ISSUES FOR OPPOSITION TO TARGET MTD CALL WITH GLASSMAN ON CERTAIN ASPECTS OF LITIGATION. LOAD PRODUCTION DATA FOR ATTORNEY REVIEW CORRESPONDENCE AND CONFER RE: BANK OF AMERICA DEFAULT ISSUES. REVIEW AND CONFER RE: BANK OF AMERICA STIPULATION. FURTHER CORRESPONDENCE AND STIPULATION REVIEW WITH BANK OF AMERICA. CONTINUED WORK ON ANALYZING MULTIPLE ANSWERS FOR DISCOVERY PLAN. REVISE AND ANALYZE MASTER INDEX AND SEND SAME TO TEAM REVIEW COROVAN DOCUMENT INDEX SEARCH SAME INDEX FOR HUMAN RESOURCES RECORDS EMAIL P. COLOSI AND J. STEWART RE INDEXES AND DATA SEARCHES REVIEW OF STIPULATION WITH BANK OF AMERICA (0.4); EMAIL CORRESPONDENCE REGARDING SAME (0.4) CORRESPONDENCE WITH TROY DUNHAM RE: EMAIL SERVER P/C W/AUSA MONICA MERGE RE: MUHAMMED SUBPOENA
4.30
1,870.50
3.00 .10 .70 .60
1,305.00 78.50 136.50 456.00
.30 .40
228.00 304.00
1.70
1,292.00
4.80 .70 .90 .50
1,656.00 217.00 279.00 155.00
.80
424.00
.20 .30
116.00 174.00
Page
26
4/13/09
N S
4/13/09 4/13/09 4/13/09 4/13/09
N S N S N S N S
4/13/09 4/13/09 4/13/09
S V MLR M O
4/14/09 4/14/09
R K R K
4/14/09 4/14/09
ELD TNY
4/14/09
RRS
4/14/09
PMC
4/14/09
PMC
4/14/09
PMC
CORRESPONDENCE WITH PETER COLOSI RE: COR-O-VAN DOCUMENTS P/C W/BILL LENHARDT RE: POTENTIAL ENGAGEMENT ATTENTION TO HUD SUBPOENA REVIEWED BANK OF AMERICA STIPULATION ATTENTION TO INDEXING OF COR-O-VAN DOCUMENTS; P/C W/PETER COLOSI RE: SAME CORRESPOND WITH LEDER RE: PRENTICE INVESTIGATION. MANAGE NETWORK DATA; LOAD DATA INTO ONLINE REVIEW TOOL REVIEW RELEVANT MATERIALS, CHRONOLOGIES, AND DEAL DOCUMENTS FOR 2004 TRANSACTION LEGAL RESEARCH RE: ISSUES FOR OPPOSITION TO TARGET MTD CONTINUED LEGAL RESEARCH RE: ISSUES FOR OPPOSITION TO TARGET MTD REVIEW AMENDED COMPLAINT COMPLETE LOAD OF AMANDA RILEY EMAIL DATA FOR ATTORNEY REVIEW CONTINUED REVIEW FOR DISCOVERY AND RESPONSIVE PLEADINGS. DISCUSSION WITH N. SMITHBERG RE UPDATE AND NEXT STEPS RE INDEX EXAMINE AND COMPARE BOXES IN 6TH FLOOR CASE ROOM AGAINST THE INDEX AND CORRECT INDEX CORRESPONDENCE WITH T. DUNHAM RE TAPE BACKUPS
.30
174.00
.30 1.20 .60 1.30
174.00 696.00 348.00 754.00
.20 1.00 2.00
106.00 190.00 870.00
4.30 3.00
1,870.50 1,305.00
1.30 .40
448.50 78.00
2.20
1,672.00
.10
34.50
1.70
586.50
.20
69.00
Page
27
4/14/09
PMC
4/14/09
PMC
4/14/09
KAR3
4/14/09
N S
4/14/09 4/14/09 4/14/09 4/14/09 4/14/09
N S N S N S MLR M O
4/15/09
TNY
4/15/09 4/15/09
R K R K
4/15/09
ELD
4/15/09 4/15/09
PMC PMC
REVIEW AND PARSE INDEX INTO DIFFERENT CATEGORIES AND REVISE SAME EMAIL J. BARNES RE INDEX AREAS TO BE COMPLETED BY COROVAN REVIEW DEFENDANTS' ANSWERS (.5); RESEARCH RE FRAUDULENT TRANSFERS (1.9) ATTENTION TO COR-O-VAN DOCUMENT INDEX; P/C W/PETER COLOSI RE: SAME P/C W/DAVID ROBSON RE: HUD SUBPOENA P/C W/JENN STEWART RE: LITIGATION STRATEGY ATTENTION TO DOCUMENT REQUEST CONTINUED WORK ON UPDATING DATABASE FOR ATTORNEY REVIEW CONDUCT LEGAL RESEARCH AND DRAFT PORTIONS OF OPPOSITION TO MOTION TO DISMISS (4), REVIEW AND ANALYZE DEAL DOCUMENTS (2) LOAD PAUL HASTING LEASE ELECTRONIC DOCUMENTS FOR ATTORNEY REVIEW LEGAL RESEARCH RE: ISSUES FOR OPPOSITION TO TARGET MTD CONTINUED LEGAL RESEARCH RE: ISSUES FOR OPPOSITION TO TARGET MTD REVIEW BACKGROUND MATERIALS INCLUDING AMENDED COMPLAINT AND ANSWERS CORRESPONDENCE WITH J. DAVIS RE IRON MOUNTAIN INDEX CALL WITH J. BARNES TO DISCUSS STATUS OF COROVAN
3.70
1,276.50
1.10
379.50
2.40
936.00
1.20
696.00
.30 .30 1.40 .70 6.00
174.00 174.00 812.00 133.00 2,610.00
1.80
351.00
3.00 2.00
1,305.00 870.00
1.40
483.00
.20 .50
69.00 172.50
Page
28
4/15/09
PMC
4/15/09
TMD
4/15/09 4/15/09
TMD KAR3
4/15/09 4/15/09
N S N S
4/15/09 4/15/09 4/15/09 4/15/09 4/15/09
N S N S N S S V M O
4/16/09 4/16/09
RRS R K
4/16/09
R K
REVIEW OF INCOMPLETE INDEX INFORMATION REVIEW OF COMPLAINT, ANSWERS TO COMPLAINT AND COLLIER'S ON BANKRUPTCY IN PREPARATION FOR J. STEWART AND G. ORDONEZ MEETINGS NEXT WEEK TELEPHONE CONVERSATION WITH N. SMITHBERG RE ELECTRONIC RECORDS OF CREDIT CARD TRANSACTIONS SEARCH SERVER INDEX FOR HUMAN RESOURCES AND IT RECORDS REVIEW COMPLAINT AND RESPONSES TO COMPLAINT (.8); RESEARCH RE FRAUDULENT TRANSFERS (1.0) CORRESPONDENCE WITH RON SUSSMAN AND OPPOSING COUNSEL CORRESPONDENCE RE: PETER COLOSI RE: COR-O-VAN RE: INDEX ATTENTION TO REQUESTS FOR PRODUCTION P/C W/JENN STEWART RE: DISCOVERY PROCESS ATTENTION TO HUD SUBPOENA LITIGATION TEAM MEETING RE: 2004 TRANSACTION LITIGATION. CONDUCT LEGAL RESEARCH RELATED TO OPPOSITION TO MOTION TO DISMISS ATTENTION TO DISCOVERY PRODUCTION AND REVIEW ISSUES. CONTINUED LEGAL RESEARCH RE: ISSUES FOR OPPOSITION TO TARGET MTD LEGAL RESEARCH RE: ISSUES FOR OPPOSITION TO TARGET MTD
2.30
793.50
.50
155.00
.90 1.80
279.00 702.00
.20 .40
116.00 232.00
1.10 .40 .30 .60 3.00
638.00 232.00 174.00 318.00 1,305.00
2.70 3.80
2,052.00 1,653.00
3.00
1,305.00
Page
29
4/16/09
PMC
4/16/09
N S
4/16/09 4/16/09
MLR M O
4/16/09
GAO
4/17/09 4/17/09
R K R K
4/17/09
PMC
4/17/09
PMC
4/17/09
PMC
4/17/09
PMC
REVIEW COLLIER'S ON BANKRUPTCY AND CASE COMPLAINT AND ANSWERS REVIEWED PE DEFENDANT'S ANSWERS TO COMPLAINT AND WORK PRODUCT RE: SAME; PREPARED WORK PRODUCT RE: FOREGOING CONTINUED WORK ON UPDATING DATABASE FOR ATTORNEY REVIEW CONDUCT LEGAL RESEARCH AND DRAFT PORTIONS OF OPPOSITION TO MOTION TO DISMISS CONTINUE REVIEW OF RESTRUCTURING AGREEMENT, DATED NOVEMBER 9, 2007, AMONG THE PE SPONSORS (.8) AND CONTINUE REVISIONS TO MEMO REGARDING SUCH AGREEMENT (.3). LEGAL RESEARCH RE: ISSUES FOR OPPOSITION TO TARGET MTD CONTINUED LEGAL RESEARCH RE: ISSUES FOR OPPOSITION TO TARGET MTD REVIEW COLLIER'S ON BANKRUPTCY SECTIONS 548-550, CASE COMPLAINT, ANSWERS, AND COOLEY MEMORANDUMS RE ANALYSIS OF BOTH DISCUSSIONS WITH J. HOTCHKISS, J. BARNES AND C. LAUDERDALE RE COROVAN FILE REMOVAL AND REVIEW BY J. HOTCHKISS CORRESPONDENCE WITH K. RUFF AND E. DOMINGUEZ RE NEXT STEPS AND FILES TO REVIEW CALL WITH L. MANSUR FROM LOS ANGELES PUBLIC DEFENDER'S
4.00
1,380.00
2.40
1,392.00
.70 5.00
133.00 2,175.00
1.10
544.50
3.40 3.00
1,479.00 1,305.00
5.50
1,897.50
.30
103.50
.20
69.00
.10
34.50
Page
30
4/17/09
RRS
4/17/09 4/17/09 4/17/09 4/17/09 4/17/09 4/17/09
KAR3 JRI N S N S N S N S
4/17/09
M O
4/17/09
R S
4/17/09
SMR
4/18/09
JRI
4/19/09
PMC
4/20/09
ELD
4/20/09
KAR3
OFFICE RE STORE VIDEO TAPES ATTENTION TO DOCUMENT REVIEW AND STRATEGIC MATTERS IN 2004 TRANSACTION LITIGATION. ATTENTION TO DOCUMENT REVIEW ISSUES (.5) REVIEW STEWART COMMENT ON SUN COMPLAINT. ATTENTION TO COR-O-VAN INDEX LEGAL RESEARCH RE: ATTORNEY CLIENT PRIVILEGE ISSUES ATTENTION TO HUD SUBPOENA CONFERENCE CALL WITH KIZZY ROSENBLATT AND TROY DUNHAM RE: DISCOVERY RELATED TO HOME OFFICE LEASE REJECTION CONDUCT LEGAL RESEARCH AND DRAFT PORTIONS OF OPPOSITION TO MOTION TO DISMISS SEARCH FOR LEGAL ARTICLES ON BUYOUT'S AND FRAUDULENT FOR M. OSTROVSKY MEET WITH T. DUNHAM, B. ZAYAS RE ELECTRONIC DOCUMENT REVIEW PROCEDURES REVIEW EMAIL FROM DUNHAM RE: RESTORING FINANCIAL DATABASE AND BACK-UP. REVIEW COLLIER'S ON BANKRUPTCY SECTIONS 548-550, CASE COMPLAINT, ANSWERS, AND COOLEY MEMORANDUMS RE ANALYSIS OF BOTH MEET WITH J. STEWART, P. COLOSI AND K. RUFF (0.8); REVIEW AMENDED COMPLAINT, ANSWERS AND BACKGROUND MATERIALS (4.1) MEET WITH J. STEWART, P.
1.60
1,216.00
.50 .10 1.10 3.10 .80 .60
195.00 78.50 638.00 1,798.00 464.00 348.00
5.00
2,175.00
.70
136.50
1.10
209.00
.10
78.50
2.50
862.50
4.90
1,690.50
2.10
819.00
Page
31
4/20/09
RRS
4/20/09 4/20/09
RRS JRI
4/20/09
BVZ
4/20/09
BVZ
4/20/09
GAO
4/20/09
PMC
4/20/09
PMC
4/20/09
PMC
COLOSI, AND E. DOMINGUEZ RE REVIEW OF HARD COPY DOCUMENTS (1.8); REVIEW PLEADINGS (.3) FOLLOW-UP RE: "CREDITOR" ISSUES CONCERNING THE LITIGATION. CONFER WITH TEAM RE: ONGOING INVESTIGATION ISSUES. EMAILS TO COMMITTEE MEMBERS RELATIVE TO CERTAIN ASPECTS OF THE 2004 TRANSACTION LITIGATION. PREPARATION MEETING WITH J. STEWART REGARDING MEETING WITH FORMER MERVYNS EMPLOYEES MEETING WITH J. STEWART, P. COLOSI, S. ROBERTS AND FORMER MERVYNS EMPLOYEES REVIEW OF 2004 TRANSACTION DOCUMENTS IN PREPARATION FOR MEETING/INTERVIEW WITH MERVYN'S EMPLOYEES IN SAN FRANCISCO. MEETING WITH J. STEWART, B. ZAYAS, AND S. ROBERTS RE MERVYN'S DATA ISSUES STRATEGY AND BACKGROUND MEETING WITH J. STEWART, B. ZAYAS, S. ROBERTS, AND B. BROWN AND B. BIDDLE, FORMERLY OF MERVYN'S, TO DISCUSS CASE BACKGROUND AND OBTAIN OVERVIEW OF MERVYN'S EMPLOYEES AND PROCESSES PRE-, DURING, AND POST-TRANSACTION MEETING WITH J. STEWART, K. RUFF, AND E. DOMINGUEZ RE STEPS MOVING FORWARD AND REVIEW OF 6TH FLOOR CASE-ROOM
.40
304.00
.60 .30
456.00 235.50
.80
188.00
2.00
470.00
3.70
1,831.50
.30
103.50
2.30
793.50
1.50
517.50
Page
32
4/20/09
PMC
4/20/09
PMC
4/20/09
PMC
4/20/09
JLS
4/20/09 4/20/09 4/20/09 4/20/09
TMD TMD TMD N S
4/20/09 4/20/09 4/20/09
N S N S N S
AND PRELIMINARY REVIEW OF FILE CONTENTS DISCUSSION WITH K. RUFF RE FILE REVIEW PROCESS AND PARALEGAL INVOLVEMENT EMAIL CORRESPONDENCE WITH K. RUFF AND E. DOMINGUEZ RE MERVYN'S INDEX REVIEW OF IRON MOUNTAIN INDEX AND CORRESPONDENCE WITH J. DAVIS RE COLUMN HEADERS REVIEW OF LEGAL RESEARCH IN FURTHERANCE OF THE PROSECUTION OF THE LITIGATION (2.7); REVIEW OF CLIENT DOCUMENTS IN PREPARATION FOR DISCOVERY (3.1); MEETING WITH SAN FRANCISCO TEAM REGARDING PREPARATION FOR DISCOVERY (1.0); MEETING REGARDING ELECTRONIC DISCOVERY PREPARATION (1.5); MEETING REGARDING CLIENT DOCUMENTS AND INFORMATION IN FURTHERANCE OF THE PROSECUTION OF THE LITIGATION (2.0) MEETING WITH J. STEWART RE DOCUMENT REVIEW AND SEARCHING SEARCH ELECTRONIC DOCUMENTS CREATE AND SEARCH ELECTRONIC DOCUMENT INDEX P/C W/KIZZY ROSENBLATT RE: HOME OFFICE LEASE LITIGATION DISCOVERY ATTENTION TO HUD SUBPOENA CORRESPONDENCE WITH MONICA MENGE O/C W/SETH VAN AALTEN RE:
.30
103.50
.10
34.50
.80
276.00
10.30
5,459.00
1.40 2.60 1.70 .40
434.00 806.00 527.00 232.00
.40 .40 .20
232.00 232.00 116.00
Page
33
4/20/09 4/20/09 4/20/09
N S N S N S
4/20/09 4/20/09 4/20/09
S V MLR M O
4/20/09
SMR
4/20/09
SMR
4/20/09
SMR
4/21/09 4/21/09 4/21/09
ELD RRS RRS
4/21/09
R K
4/21/09
R K
LITIGATION TEAM MEETING P/C W/GREG SPITZER P/C W/JENN STEWART RE: DOCUMENT RETRIEVAL CONFERENCE CALL W/TROY DUNHAM AND KIZZY ROSENBLATT RE: EMAIL SERVERS PREPARATION FOR MERVYN'S EMPLOYEE INTERVIEWS. MANAGE NETWORK DATA CONDUCT LEGAL RESEARCH AND DRAFT PORTIONS OF OPPOSITION TO MOTION TO DISMISS CONFERENCE WITH B. ZAYAS, J. STEWART, AND 2 FORMER MERVYNS EMPLOYEES RE OUTSTANDING ELECTRONIC DOCUMENT DISCOVERY ISSUES MEET WITH T. DUNHAM, B. ZAYAS RE ELECTRONIC DOCUMENT REVIEW PROCEDURES SEARCH PROVIDED CLIENT FILE SHARES FOR COMPLETE INDEX OF ALL BACKUP TAPES REVIEW DOCUMENTS IN LEGAL DEPARTMENT BOXES CONFER RE: "CREDITOR" ISSUES FOR LITIGATION. CORRESPOND AND CONFER WITH TEAM IN CALIFORNIA RE: DISCOVERY ISSUES. REVIEW MARKED COMPLAINT AND CONSIDER DISCOVERY DEMANDS IN LIGHT OF SAME DRAFT SECTIONS OF OPPOSITION TO TARGET MOTION TO DISMISS (4.0); REVIEW ARGUMENTS ON BREACH OF FIDUCIARY DUTY ISSUE IN PREPARATION FOR
.30 .60 .60
174.00 348.00 348.00
2.20 1.40 5.00
1,166.00 266.00 2,175.00
.80
152.00
1.30
247.00
2.40
456.00
5.50 .40 .40
1,897.50 304.00 304.00
1.70
739.50
4.30
1,870.50
Page
34
4/21/09 4/21/09
BVZ JRI
4/21/09
JRI
4/21/09
PMC
4/21/09
PMC
4/21/09
PMC
4/21/09
PMC
4/21/09
PMC
4/21/09
PMC
4/21/09
PMC
4/21/09
PMC
4/21/09
PMC
4/21/09
GAO
CONFERENCE CALL (.3) SEARCHED FOR RELEVANT CUSTODIAN DRIVES REVIEW ORDER ENTERED RE: STIPULATION ON STORE CLOSING SALES AND MOTION TO CONVERT. REVIEW DATA ON VENDOR PAYABLES RELATIVE TO 2004 TRANSACTION. TEAM MEETING WITH J. STEWART, S. VAN AALTEN, G. ORDONEZ, D. ROBSON, G. GREER, J. DAVIS, C. NIELSEN, N. GEROSO, AND J. STONE MEETING WITH J. STEWART, S. VAN AALTEN, G. ORDONEZ, T. DUNHAM AND D. ROBSON STRATEGY MEETING WITH J. STEWART, S. VAN AALTEN, G. ORDONEZ, AND T. DUNHAM INTERVIEW C. NIELSEN WITH J. STEWART, S. VAN AALTEN, G. ORDONEZ, T. DUNHAM INTERVIEW G. GREER WITH J. STEWART, S. VAN AALTEN, G. ORDONEZ, T. DUNHAM INTERVIEW J. HOTCHKISS WITH J. STEWART, S. VAN AALTEN, G. ORDONEZ, T. DUNHAM INTERVIEW N. GEROSO WITH J. STEWART, S. VAN AALTEN, G. ORDONEZ, T. DUNHAM INTERVIEW J. STONE WITH J. STEWART, S. VAN AALTEN, G. ORDONEZ, T. DUNHAM INTERVIEW J. DAVIS WITH J. STEWART, S. VAN AALTEN, G. ORDONEZ, T. DUNHAM INTERVIEW WITH VARIOUS
1.50 .10
352.50 78.50
.20
157.00
2.00
690.00
1.50
517.50
.90
310.50
1.70
586.50
1.00
345.00
.60
207.00
.90
310.50
.50
172.50
.90
310.50
3.50
1,732.50
Page
35
4/21/09
GAO
4/21/09
KAR3
4/21/09
JLS
4/21/09
TMD
4/21/09
TMD
4/21/09 4/21/09
TMD N S
4/21/09
N S
MERVYN'S EMPLOYEES IN CONNECTION WITH 2004 TRANSACTION. INTERVIEW OF VARIOUS MERVYN'S EMPLOYEES IN CONNECTION WITH THE 2004 TRANSACTION. REVIEW DOCUMENTS COLLECTED FROM MERVYN'S HEADQUARTERS (5.6) DRAFTING OF MEMO IN FURTHERANCE OF PROSECUTION OF THE 2004 TRANSACTION LITIGATION (1.5); TEAM MEETING IN FURTHERANCE OF PROSECUTION OF THE 2004 TRANSACTION LITIGATION (2.0); MEETING REGARDING DISCOVERY (2.5); MEETING WITH CLIENT IN FURTHERANCE OF THE PROSECUTION OF THE LITIGATION (3.0) MEETING WITH LEGAL TEAM RE SOURCES AND CUSTODIANS FOR ELECTRONIC AND HARD COPY DOCUMENTS MEETING WITH MERVYN'S EMPLOYEES AND DOCUMENT CUSTODIANS RE HISTORICAL DATA INFORMATION AND DOCUMENT LOCATIONS COLLECT ELECTRONIC DOCUMENTS FROM MERVYN'S CUSTODIANS O/C W/JAY INDYKE, CATHY HERSHCOPF AND RON SUSSMAN RE: LITIGATION BUDGET CONFERENCE CALL WITH KIZZY ROSENBLATT AND TROY DUNHAM RE: DISCOVERY IN HOME OFFICE LEASE DISPUTE
3.50
1,732.50
5.60
2,184.00
9.00
4,770.00
2.90
899.00
5.90
1,829.00
3.80 .60
1,178.00 348.00
.70
406.00
Page
36
4/21/09 4/21/09 4/21/09
N S S V M O
4/21/09
SMR
4/21/09
JYM
4/22/09
ELD
4/22/09
R K
4/22/09
R K
4/22/09 4/22/09 4/22/09
RRS PMC PMC
LEGAL RESEARCH RE: TARGET MOTION TO DISMISS MERVYN'S EMPLOYEE INTERVIEWS RE: 2004 TRANSACTION. CONDUCT LEGAL RESEARCH AND DRAFT PORTIONS OF OPPOSITION TO MOTION TO DISMISS COORDINATE WITH TEAM ON ELECTRONIC DISCOVERY MATTERS RE LOCATION OF 3 CUSTODIAN HARD DRIVES CONDUCT LEGAL RESEARCH REGARDING PARENT CORPORATION'S DUTY TO SUBSIDIARIES REVIEW DOCUMENTS FROM MERVYN'S HEADQUARTERS (3.7); ATTEND TRAINING MEETING WITH G. ORDONEZ, K. RUFF, A. MITCHELL, P. COLOSI AND J. STEWART (1.1) CONTINUED DRAFTING OF SECTIONS OF OPPOSITION TO TARGET MOTION TO DISMISS PREPARE FOR CONFERENCE CALL RE: OPPOSITION TO MOTION TO DISMISS (.3); CONFERENCE CALL RE: OPPOSITION TO MOTION TO DISMISS ISSUES (.8); DRAFT SECTIONS OF OPPOSITION TO TARGET MOTION TO DISMISS (3.0) DISCOVERY PLANNING AND PREPARATION. STRATEGY MEETINGS WITH J. STEWART AND G. ORDONEZ REVIEW OF FILES WITH J. STEWART, G. ORDONEZ, E. DOMINGUEZ AND K. RUFF
1.30 4.60 5.00
754.00 2,438.00 2,175.00
3.10
589.00
.20
78.00
4.80
1,656.00
2.40
1,044.00
4.10
1,783.50
1.40 .90 .50
1,064.00 310.50 172.50
Page
37
4/22/09
PMC
4/22/09
PMC
4/22/09 4/22/09
PMC PMC
4/22/09
PMC
4/22/09
PMC
4/22/09
GAO
4/22/09
GAO
RESEARCH TAX FILES USING UPDATED COROVAN INDEX AND SEND REQUEST FOR SAME TO COROVAN AND CORRESPONDENCE WITH J. STEWART AND G. ORDONEZ RE SAME DRAFT FOLLOW-UP WITH MERVYN'S EMPLOYEES EMAIL AND SEND SAME TO J. STEWART REVIEW IRON MOUNTAIN INDEX AND SEND SAME TO J. STEWART REVIEW NEW COROVAN INDEX WORK DONE BY J. BARNES AND INCORPORATE INTO INDEX ON SYSTEM BACKGROUND MEETING AND EXPLANATION OF SEPTEMBER 2, 2004 TRANSACTION BY G. ORDONEZ WITH J. STEWART, K. RUFF, E. DOMINGUEZ AND A. MITCHELL REVIEW 4/21 MERVYN'S EMPLOYEE INTERVIEW NOTES AND DRAFT MEMOS RE SAME AND SEND MEMOS TO J. STEWART AND G. ORDONEZ TELEPHONIC FOLLOW-UP INTERVIEW WITH JULIE HOTCHKISS REGARDING ADMINISTRATION OF LEASES (.8); PRESENTATION OF 2004 TRANSACTION TO MERVYN'S LEGAL TEAM IN THE SF OFFICE (.5); REVIEW/COMMENTS TO MEMORANDA OF INTERVIEWS OF MERVYN'S EMPLOYEES (2.5); AND REVIEW OF BOXES FROM MERVYN'S LEGAL DEPARTMENT AT THE HEADQUARTERS BUILDING. (1.1). REVIEW OF BOXES FROM MERVYN'S
.80
276.00
.90
310.50
.40 1.50
138.00 517.50
1.90
655.50
3.60
1,242.00
4.90
2,425.50
4.80
2,376.00
Page
38
4/22/09
KAR3
4/22/09
JLS
4/22/09 4/22/09
N S N S
4/22/09 4/22/09 4/22/09 4/22/09
S V S V AMM3 M O
LEGAL DEPARTMENT AT THE HEADQUARTERS BUILDING. MEET WITH J. STEWART AND G. ORDONEZ TO DISCUSS PLEADINGS AND STRATEGY (1.7); REVIEW DOCUMENTS COLLECTED FROM MERVYN'S HEADQUARTERS (6.1) EMAIL CORRESPONDENCE REGARDING PROSECUTION OF THE 2004 TRANSACTION LITIGATION (0.8); DRAFTING OF MEMO IN FURTHERANCE OF PROSECUTION OF THE 2004 TRANSACTION LITIGATION (2.5); REVIEW OF CLIENT DOCUMENTS (3.3); MEETING REGARDING DOCUMENT REVIEW (0.5); MEETING REGARDING OPPOSITION TO MOTION TO DISMISS (0.8); REVIEW OF RESEARCH IN SUPPORT OF PROSECUTION OF THE 2004 TRANSACTION LITIGATION (2.0); MEETING REGARDING DISCOVERY (1.5); CONFERENCE CALL REGARDING PROSECUTION OF THE 2004 TRANSACTION LITIGATION (0.2) ATTENTION TO DOCUMENT REQUESTS REVIEW AND ANALYSIS OF DEFENDANT'S ANSWERS TO COMPLAINT REVIEW OF DOCUMENTS RE: 2004 TRANSACTION LITIGATION. PREPARED MEMO TO FILE RE: 4/21 EMPLOYEE INTERVIEWS. ATTEND MERVYN'S MEETING RE BACKGROUND INFORMATION CONDUCT CONFERENCE CALL RE:
7.80
3,042.00
11.60
6,148.00
2.10 1.90
1,218.00 1,102.00
2.60 2.20 1.90 3.40
1,378.00 1,166.00 655.50 1,479.00
Page
39
4/22/09
SMR
4/23/09 4/23/09
R K R K
4/23/09 4/23/09 4/23/09
RRS RRS RRS
4/23/09 4/23/09
RRS EAK
4/23/09 4/23/09 4/23/09 4/23/09
ELD JRI JRI PMC
4/23/09
PMC
OPPOSITION TO MTD (0.7), REVIEW MEMOS WRITTEN BY R. KALNIT (0.7), REVIEW AND ANALYZE PLEADINGS IN PLASSEIN APPEAL (2) SEARCH PROVIDED CLIENT FILE SHARES FOR ORGANIZATION CHARTS AND FLOOR PLANS DRAFT SECTIONS OF OPPOSITION TO TARGET MOTION TO DISMISS CONTINUED DRAFTING OF SECTIONS OF OPPOSITION TO TARGET MOTION TO DISMISS TEAM MEETING RE: STRATEGY AND DISCOVERY ISSUES. CORRESPONDENCE RE: DISCOVERY RELATED ISSUES. CONFER WITH TEAM RE: CERTAIN LEGAL ISSUES AND STRATEGY ON MOTION TO DISCUSS. CORRESPOND RE: LITIGATION TEAM ISSUES. POPULATE SPREADSHEET MASTER INDEX; PREPARE MATERIALS IN CASE ROOM REVIEW LEGAL DOCUMENTS FROM MERVYN'S HEADQUARTERS (5.9) INTERNAL EMAILS RE: STAFFING LITIGATION. INTERNAL MEETING ON DOCUMENT REVIEW ON LITIGATION. REVIEW ED BECK AND AMANDA RILEY LEGAL FILES IN SAN FRANCISCO WITH K. RUFF AND E. DOMINGUEZ TEAM STRATEGY MEETINGS AND DISCUSSIONS RE PROCESS OF FILE REVIEW AND LABELING REQUIREMENTS WITH J. STEWART,
3.80
722.00
3.60 3.00
1,566.00 1,305.00
1.80 .70 1.10
1,368.00 532.00 836.00
.40 7.30
304.00 1,387.00
5.90 .10 1.60 3.60
2,035.50 78.50 1,256.00 1,242.00
1.60
552.00
Page
40
4/23/09
PMC
4/23/09
PMC
4/23/09
PMC
4/23/09
PMC
4/23/09
GAO
4/23/09
GAO
4/23/09
KAR3
4/23/09
JLS
G. ORDONEZ, K. RUFF AND E. DOMINGUEZ REVIEW AND REVISE COROVAN INDEX IN PREPARATION FOR J. BARNES MEETING TRAVEL TO AND FROM COROVAN WAREHOUSE TO REVIEW FILES (BILLED AT HALF-TIME) REVIEW TAX FILES WITH G. ORDONEZ AND J. STEWART AT COROVAN WAREHOUSE IN SAN JOSE AND REVISE INDEX RE SAME MEETING WITH J. BARNES AND J. STEWART RE NEXT STEPS ON COROVAN INDEX AND MAKING SURE NO BLANKS REMAIN REVISIONS TO DOCUMENT REQUEST IN CONNECTION WITH 2004 LITIGATION (.5); CONTINUE REVIEW OF BOXES FROM MERVYN'S LEGAL DEPARTMENT AT THE HEADQUARTERS BUILDING (3.5). REVIEW OF BOXES AT WAREHOUSE IN SAN JOSE WERE MERVYN'S FILES WERE SHIPPED AFTER HEADQUARTERS AND STORES CLOSED. REVIEW DOCUMENTS COLLECTED FROM MERVYN'S HEADQUARTERS (7.4) TEAM CONFERENCE CALL REGARDING PROSECUTION OF THE LITIGATION (1.3); EMAIL CORRESPONDENCE REGARDING PROSECUTION OF THE LITIGATION (0.8); TEAM MEETING REGARDING DISCOVERY (1.5); REVIEW OF DOCUMENTS IN FURTHERANCE OF PROSECUTION OF THE LITIGATION
1.50
517.50
1.30
448.50
2.00
690.00
.50
172.50
4.00
1,980.00
4.50
2,227.50
7.40
2,886.00
7.80
4,134.00
Page
41
4/23/09
TMD
4/23/09 4/23/09 4/23/09
TMD N S N S
4/23/09
N S
4/23/09
N S
4/23/09 4/23/09
N S N S
4/23/09
N S
4/23/09
S V
4/23/09
M O
4/23/09 4/23/09
DRF SMR
(4.2) EMAIL N. SMITHBERG AND MORGAN LEWIS ATTORNEYS RE COLLECTED EMAIL FILES PREPARE EMAIL FILES FOR MORGAN LEWIS REVIEW ATTENTION TO CASE STAFFING ISSUES ATTENTION TO RETRIEVAL OF EMAILS FOR USE IN HOME OFFICE LEASE LITIGATION CORRESPONDENCE WITH JENN STEWART RE: ELECTRONIC DISCOVERY AGREEMENTS AND SCHEDULING ORDER LEGAL RESEARCH RE: ATTORNEY CLIENT PRIVILEGE AND EFFECT OF CLAW BACK AGREEMENTS IN E-DISCOVERY PROTOCOLS P/C W/GREG SPITZER RE: LEASE BACK DOCUMENTS O/C W/RON SUSSMAN, JAY INDYKE AND CATHY HERSHCOPF RE: LITIGATION BUDGET CONFERENCE CALL WITH RON SUSSMAN, JENN STEWART AND LITIGATION TEAM RE: DISCOVERY PROCESS ATTENTION TO DOCUMENT REVIEW FOR 2004 TRANSACTION LITIGATION. REVIEW AND ANALYZE PLASSEIN BRIEFING AND DRAFT PORTIONS OF OPPOSITION TO MOTION TO DISMISS ( ADDRESS G. ORDONEZ INQUIRY RE SALE ISSUES SEND ELECTRONIC DOCUMENTS TO J. STEWART FOR REVIEW
.50
155.00
2.50 .40 .40
775.00 232.00 232.00
.40
232.00
2.90
1,682.00
.20 .80
116.00 464.00
1.10
638.00
3.60
1,908.00
5.00
2,175.00
.10 .40
55.50 76.00
Page
42
4/23/09 4/23/09
SMR SMR
4/24/09
EAK
4/24/09 4/24/09
ELD R K
4/24/09
R K
4/24/09
PMC
4/24/09
PMC
4/24/09
PMC
4/24/09
GAO
4/24/09
GAO
CATALOG CUSTODIAN HARD DRIVES IN OUR POSSESSION SEARCH PROVIDED CLIENT FILE SHARES FOR ORGANIZATION CHARTS AND FLOOR PLANS POPULATE SPREADSHEET MASTER INDEX; PREPARE MATERIALS IN CASE ROOM REVIEW LEGAL DOCUMENTS FROM MERVYN'S HEADQUARTERS (4.1) CONTINUED DRAFTING OF SECTIONS OF OPPOSITION TO TARGET MOTION TO DISMISS DRAFT SECTIONS OF OPPOSITION TO TARGET MOTION TO DISMISS (3.0); CONFERENCE WITH G. ORDONEZ RE: SAME (.5); PARTICIPATE IN MERVYN'S LITIGATION UPDATE CALL (.8) REVIEW ED BECK AND A. RILEY LEGAL FILES WITH K. RUFF AND E. DOMINGUEZ TEAM STRATEGY DISCUSSIONS AND MEETINGS WITH J. STEWART, G. ORDONEZ, K. RUFF, AND E. DOMINGUEZ RE E. BECK AND A. RILEY LEGAL FILES AND LABELING OF SAME CORRESPONDENCE WITH J. BARNES AND REVIEW AND REVISION OF COROVAN INDEX COMMENTS TO MEMORANDA OF MERVYN'S INTERVIEWS (3.00); AND DRAFTING OF TIME LINE OF EVENTS COMMENCING ON 2004 (1.5). CONTINUE REVIEW OF BOXES FROM MERVYN'S LEGAL DEPARTMENT AT THE HEADQUARTERS BUILDING.
1.90 2.90
361.00 551.00
6.50
1,235.00
4.10 2.30
1,414.50 1,000.50
4.30
1,870.50
4.50
1,552.50
1.50
517.50
1.30
448.50
4.50
2,227.50
4.50
2,227.50
Page
43
4/24/09
KAR3
4/24/09 4/24/09
BVZ JLS
4/24/09 4/24/09 4/24/09 4/24/09 4/24/09
RRS RRS N S N S N S
4/24/09 4/24/09
N S S V
4/24/09
S V
4/24/09
S V
ISSUES AND STRATEGY MEETING WITH J. STEWART, G. ORDONEZ, P. COLOSI, AND E. DOMINGUEZ (2.1); REVIEW DOCUMENTS COLLECTED FROM MERVYN'S HEADQUARTERS (6.0) COORDINATED SEARCH FOR BACKUP TAPES DRAFTING OF MEMOS IN FURTHERANCE OF THE PROSECUTION OF THE LITIGATION (2.8); TEAM CONFERENCE CALL REGARDING PROSECUTION OF THE LITIGATION (1.0); MEETING REGARDING DISCOVERY (1.0); REVIEW OF CLIENT DOCUMENTS IN FURTHERANCE OF PROSECUTION OF THE LITIGATION (2.5) DOCUMENT REVIEWS. CONFER RE: LEGAL ISSUES AND RESEARCH. O/C W/GUSTAVO ORDONEZ RE: OPERATING AGREEMENTS REVIEWED DRAFT DOCUMENT REQUESTS REVIEW CORRESPONDENCE FROM DEBTORS' FILES; O/C W/RON SUSSMAN RE: SAME LITIGATION TEAM MEETING; PREP FOR SAME LITIGATION TEAM MEETING RE: 2004 TRANSACTION LITIGATION ISSUES. RESEARCH RE: RETENTION OF CONTRACT ATTORNEYS IN BANKRUPTCY. CORRESPOND WITH R. SUSSMAN RE: WORLDWIDE CASE RE: CONTRACT ATTORNEYS.
8.10
3,159.00
.10 7.30
23.50 3,869.00
1.40 .30 .30 1.20 .60
1,064.00 228.00 174.00 696.00 348.00
1.20 .90
696.00 477.00
2.90
1,537.00
.40
212.00
Page
44
4/24/09
EJH
4/24/09
M O
4/24/09 4/24/09
SMR ELD
4/25/09
PMC
4/25/09
PMC
4/25/09
PMC
4/25/09
PMC
4/25/09
PMC
4/25/09
JLS
LEGAL RESEARCH RE: CASE LAW ON RETENTION OF CONTRACT ATTORNEYS (.8). DISCUSS SAME W/SETH VAN AALTEN (.2). DRAFT LIST OF POTENTIAL DOCUMENT DISCOVERY TOPICS (2.4 ) PARTICIPATE IN TEAM CONFERENCE CALL RE OUTSTANDING ISSUES AND STRATEGY (0.8), CONTINUE TO CONDUCT LEGAL RESEARCH AND DRAFT PORTIONS OF OPPOSITION TO MOTION TO DISMISS (2) CATALOG CUSTODIAN HARD DRIVES IN OUR POSSESSION ATTEND STATUS MEETING WITH J. STEWART, G. ORDONEZ, K. RUFF, AND P. COLOSI CORRESPONDENCE WITH J. STEWART AND G. ORDONEZ RE MERVYN'S INTERVIEW MEMOS AND FOLLOW-UP CORRESPONDENCE WITH J. BARNES RE ACCESS TO COROVAN INDEX SYSTEM CORRESPONDENCE WITH D. ROBINSON RE HELP WITH COROVAN INDEX CORRESPONDENCE WITH K. RUFF AND J. DAVIS RE WHO OCCUPIED EXECUTIVE OFFICES AT MERVYN'S HEADQUARTERS PRIOR TO THE BUILDING CLOSURE REVIEW OF COROVAN INDEX AND INCORPORATE INFORMATION LEARNED FROM FILE REVIEW AT COROVAN AND INFORMATION SENT BY J. BARNES REVIEW OF CASE LAW REGARDING
1.00
640.00
5.20
2,262.00
2.10 2.00
399.00 690.00
.40
138.00
.20
69.00
.10
34.50
.30
103.50
3.00
1,035.00
3.80
2,014.00
Page
45
4/26/09
R K
4/26/09 4/26/09 4/26/09
RRS RRS RRS
4/27/09
KAR3
4/27/09
R K
4/27/09
ELD
4/27/09
BVZ
4/27/09
JLS
OPPOSITION TO MOTION TO DISMISS (2.4); REVIEW OF CLIENT DOCUMENTS (1.4) REVIEW AND REVISE SECTIONS OF OPPOSITION TO MOTION TO DISMISS BRIEF REVIEW AND ANALYZE TIME LINE REVISIONS. REVIEW AND COMMENT ON DISCOVERY OUTLINE. REVIEW RESEARCH AND MEMO TO TEAM RE: SAME FOR FURTHER INQUIRY. DRAFT MEMORANDUM RE MERVYN'S COUNSEL AND KEY EMPLOYEES (1.2); REVIEW DOCUMENTS AND PREPARE DOCUMENTS FOR REPLICATION (1.0); RESEARCH RE ELECTRONIC DISCOVERY AGREEMENTS (2.0) DRAFT AND REVISE SECTIONS OF OPPOSITION TO TARGET MOTION TO DISMISS REVIEW E-MAILS FROM J. STEWART, K. RUFF AND P. COLOSI RE UPCOMING DISCOVERY ASSIGNMENTS CREATED PRICE COMPARISON CHART FOR DOC REVIEW PLATFORM VENDOR SELECTION REVIEW OF CASE LAW IN FURTHERANCE OF PROSECUTION OF LITIGATION (1.8); CONFERENCE CALL REGARDING DOCUMENT REVIEW (0.3); CONFERENCE CALL REGARDING ELECTRONIC DOCUMENT REVIEW (0.3); CONFERENCE CALL REGARDING PROSECUTION OF THE LITIGATION (0.1); REVIEW OF
1.80
783.00
.70 .80 1.50
532.00 608.00 1,140.00
4.20
1,638.00
3.70
1,609.50
.40
138.00
.70
164.50
3.90
2,067.00
Page
46
4/27/09 4/27/09 4/27/09
RRS RRS PMC
4/27/09
PMC
4/27/09
PMC
4/27/09
PMC
4/27/09
PMC
4/27/09
M M
4/27/09 4/27/09
JRI N S
DOCUMENTS IN FURTHERANCE OF PROSECUTION OF THE LITIGATION (1.4) REVIEW SELECTED DISCOVERY DOCUMENTS. CONFER WITH TEAM RE: DISCOVERY REVIEWS. PHONE CALLS RE NEXT STEPS AND DISCOVERY-RELATED DOCUMENTS WITH J. STEWART CORRESPONDENCE WITH K. RUFF AND E. DOMINGUEZ RE DRAFTS OF DISCOVERY-RELATED DOCUMENTS CORRESPONDENCE WITH D. ROBSON AND MERVYN'S EMPLOYEES RE INITIALISMS CONTAINED ON COROVAN INDEX AND CLARIFICATION OF SAME REVIEW AND REVISE COROVAN INDEX PER CALL WITH J. STEWART BY PARSING INDIVIDUAL BOXES INTO SEPARATE CATEGORIES IN AN EFFORT TO SINGLE OUT THOSE BOXES WHICH CONTAIN NO SPECIFIC INFORMATION REGARDING WHERE THEY CAME FROM CREATE LIST OF ATTORNEYS REFERENCED IN MERVYN'S LEGAL FILES REVIEWED LAST WEEK AND INCORPORATE SAME WITH K. RUFF'S AND E. DOMINGUEZ'S SEPARATE LISTS. CONSULT WITH K. RUFF AND VENDOR RE SCANNING OF DOCUMENTS (.5) INTERNAL EMAILS ON LITIGATION ISSUES. P/C W/JENN STEWART RE:
.80 .60 .40
608.00 456.00 138.00
.50
172.50
.50
172.50
4.00
1,380.00
.60
207.00
.50
77.50
.20 .30
157.00 174.00
Page
47
4/27/09
N S
4/27/09 4/27/09 4/27/09 4/27/09 4/27/09
N S N S N S N S S V
4/27/09
S V
4/27/09
S V
4/27/09
EJH
4/27/09
EJH
4/27/09
M O
DOCUMENT REQUESTS CORRESPONDENCE WITH RON SUSSMAN RE: CONTRACT ATTORNEYS CORRESPONDENCE RE: DEBTOR'S COUNSEL ATTENTION TO HOME OFFICE LEASE DISPUTE REVIEWED WORK PRODUCT RE: POTENTIAL SOURCES OF DOCUMENT ATTENTION TO LITIGATION BUDGET CONFERENCE WITH E. HABER RE: RETENTION OF CONTRACT ATTORNEYS. CORRESPOND WITH ML, J. INDYKE AND C. HERSHCOPF RE: MERVYN'S EMPLOYEE RETENTION. REVIEWED 2004 TRANSACTION LITIGATION DOCUMENTS AND E-MAIL FROM R. SUSSMAN. REVIEW EMAILS OF RON SUSSMAN, CATHY HERSHCOPF, JAY INDYKE AND JENNIFER STEWART RE: CONTRACTS COUNSEL (.2). REVIEW SECTION 504 AND WORLDWIDE DIRECT CASE RE: SAME (.4). DISCUSS CONTRACT ATTORNEYS ISSUE AND RELEVANT CASE LAW W/SETH VAN AALTEN. DISCUSS ISSUES RELATED TO POTENTIAL CONFLICT OF INTEREST OF OPPOSING COUNSEL WITH J. STEWART (0.5), CONDUCT LEGAL RESEARCH RE SAME (3), CONTINUE TO DRAFT OPPOSITION TO MOTION TO DISMISS (1)
.20
116.00
.20 .40 .30 .40 .30
116.00 232.00 174.00 232.00 159.00
.30
159.00
.40
212.00
.60
384.00
.40
256.00
4.50
1,957.50
Page
48
4/27/09
SMR
4/28/09
R K
4/28/09
R K
4/28/09
ELD
4/28/09
GAO
4/28/09
BVZ
4/28/09
JLS
COORDINATE WITH M. MARTINEZ RE SCANNING DOCUMENTS FOR ELECTRONIC REVIEW LEGAL RESEARCH RE: ISSUES FOR OPPOSITION TO TARGET MTD (3.0); REVIEW MERVYN'S LLC AND CORPORATE DOCUMENTS (1.0) CONTINUED LEGAL RESEARCH RE: ISSUES FOR OPPOSITION TO TARGET MTD (2.5); CONFERENCE WITH J. STEWART RE: ISSUES FOR OPPOSITION TO TARGET MTD (.7); CALL WITH J. STEWART RE: ADDITIONAL RESEARCH FOR OPPOSITION TO TARGET MTD (.3) REVIEW SAMPLE DISCOVERY PLANS (3.5); MEET WITH K. RUFF AND P. COLOSI RE DRAFTING AGREEMENTS (0.4) REVIEW OF 2004 TRANSACTION DOCUMENTS (1.5); REVISIONS TO KEY DOCUMENT AND KEY PERSON LIST (.5) COORDINATED VENDOR SELECTION ISSUES WITH J. STEWART AND POTENTIAL VENDORS REVIEW OF DOCUMENTS IN FURTHERANCE OF LITIGATION (2.5); CONFERENCE CALL REGARDING ELECTRONIC DISCOVERY (0.8); CONFERENCE CALL WITH BDO REGARDING PROSECUTION OF THE LITIGATION (0.4); CONFERENCE CALL REGARDING OPPOSITION TO THE MOTION TO DISMISS (1.2); REVIEW OF CASE LAW REGARDING OPPOSITION TO THE MOTION TO DISMISS (2.9); EMAIL
.30
57.00
4.00
1,740.00
3.50
1,522.50
3.90
1,345.50
2.00
990.00
.40
94.00
8.10
4,293.00
Page
49
4/28/09 4/28/09 4/28/09
RRS RRS KAR3
4/28/09
PMC
4/28/09
PMC
4/28/09
PMC
4/28/09
PMC
4/28/09
PMC
4/28/09
PMC
CORRESPONDENCE REGARDING ELECTRONIC DISCOVERY (0.3) CONFER RE: VENDOR SUPPORT ISSUES. CONFER RE: STRATEGY AND DISCOVERY ISSUES. RESEARCH DRAFT DISCOVERY PLANS (2.7); MEET WITH E. DOMINGUEZ AND P. COLOSI RE DRAFT DISCOVERY PLANS AND PROPOSED SCHEDULING ORDER (.4) CORRESPONDENCE WITH V. GOIS AND S. HOFFMAN RE HELP IN REVEALING DUPLICATIVE INFORMATION IN THE COROVAN INDEX UPDATE LIST OF ATTORNEYS AND KEY MERVYN'S EMPLOYEES AND CHANGE FORMAT FROM WORD TO EXCEL MEETING WITH K. RUFF AND E. DOMINGUEZ AND RESEARCH RELATED TO SAMPLES OF A PROPOSED SETTLEMENT AGREEMENT, DISCOVERY PLAN, AND AN ELECTRONIC DISCOVERY AGREEMENT CORRESPONDENCE WITH J. STEWART, K. RUFF, AND E. DOMINGUEZ RE SCANNING AND LABELING OF IMPORTANT DOCUMENTS CONTAINED IN THE MERVYN'S LEGAL FILES IN THE 6TH FLOOR CASEROOM REVISE INDEX BY ELIMINATING DUPLICATE ENTRIES BETWEEN TWO SEPARATE WORKSHEETS CORRESPONDENCE WITH J. BARNES
.60 .40 3.10
456.00 304.00 1,209.00
.40
138.00
.70
241.50
2.50
862.50
.30
103.50
3.00
1,035.00
.20
69.00
Page
50
4/28/09 4/28/09 4/28/09 4/28/09
JRI JRI JRI JRI
4/28/09 4/28/09 4/28/09 4/28/09 4/28/09 4/28/09 4/28/09
S V N S N S N S N S N S N S
4/28/09 4/28/09
N S N S
4/28/09
M O
4/28/09 4/29/09
SMR R K
4/29/09
R K
RE COMPLETION OF COROVAN INDEX CONFER WITH SMITHBERG ON DATA STORAGE MATTERS. CALL WITH STEWART RELATIVE TO DATA STORAGE ISSUES. CONFER WITH SUSSMAN ON DATA STORAGE ISSUES. REVIEW TARGET MOTION TO DISMISS AND RELATED APPENDICES. LEGAL RESEARCH RE: ISSUE IN 2004 TRANSACTION LITIGATION. P/C W/JENN STEWART RE: DOCUMENT REQUESTS CORRESPONDENCE RE: LITIGATION TEAM MEETING P/C W/JENN STEWART RE: EDR PROCESS ATTENTION TO HUD SUBPOENA FROM DOJ ATTENTION TO COR-O-VAN INDEX CONFERENCE CALL WITH JAY INDYKE AND JENN STEWART RE: LIT SUPPORT VENDORS O/C W/JAY INDYKE RE: THIRD PARTY VENDOR P/C W/JENN STEWART RE: BIDDING OF LIT SUPPORT SERVICE CONDUCT LEGAL RESEARCH AND DRAFT PORTIONS OF OPPOSITION TO MOTION TO DISMISS SEND ELECTRONIC DOCUMENTS TO J. STEWART FOR REVIEW CONTINUED LEGAL RESEARCH RE: ISSUES FOR OPPOSITION TO TARGET MTD LEGAL RESEARCH RE: ISSUES FOR
.20 .30 .10 1.40
157.00 235.50 78.50 1,099.00
2.60 .30 .20 .40 .30 .40 .30
1,378.00 174.00 116.00 232.00 174.00 232.00 174.00
.30 .30
174.00 174.00
5.00
2,175.00
.40 2.00
76.00 870.00
3.30
1,435.50
Page
51
4/29/09
JLS
4/29/09
BVZ
4/29/09 4/29/09 4/29/09
RRS RRS ELD
OPPOSITION TO TARGET MTD (2.5); CALL WITH R. SUSSMAN, J. STEWART AND M. OSTROVSKY RE: CONFLICT ISSUES AND ISSUES RE: OPPOSITION TO TARGET MTD (.8) CONFERENCE CALL REGARDING OPPOSITION TO MOTION TO DISMISS (1.0); CONFERENCE CALL WITH DEFENDANT'S COUNSEL REGARDING RESPONSE DATE FOR OPPOSITION (0.2); REVIEW OF CASE LAW IN FURTHERANCE OF PROSECUTION OF THE LITIGATION (2.0); EMAIL CORRESPONDENCE IN FURTHERANCE OF PROSECUTION OF THE LITIGATION (0.5); DRAFTING OF MEMO IN FURTHERANCE OF PROSECUTION OF THE LITIGATION (2.0); CONFERENCE CALL WITH BDO REGARDING PROSECUTION OF THE LITIGATION (0.5); MEETING IN FURTHERANCE OF THE PROSECUTION OF THE LITIGATION (0.5); CONFERENCE CALL REGARDING DISCOVERY (0.3) COORDINATED BIDDING PROCESS FOR DOC REVIEW AND RELATED LOGISTICS LITIGATION TEAM MEETING RE: TARGET MOTION. CONFER AND PREPARE WITH TEAM RE: TARGET MOTION TO DISMISS. MEET WITH P. COLOSI AND K. RUFF (0.4); RESEARCH SAMPLES OF DISCOVERY AGREEMENTS (3.6); DRAFT DISCOVERY AGREEMENT (3.1)
7.00
3,710.00
1.90
446.50
1.20 .70 7.10
912.00 532.00 2,449.50
Page
52
4/29/09
KAR3
4/29/09
PMC
4/29/09
PMC
4/29/09
PMC
4/29/09
PMC
4/29/09
JRI
4/29/09 4/29/09 4/29/09
JRI JRI JRI
MEET WITH E. DOMINGUEZ AND P. COLOSI RE DRAFTING DISCOVERY PLANS (.5); RESEARCH AND DRAFT PROPOSED ELECTRONIC DISCOVERY STIPULATION AND ORDER (5.4) CORRESPONDENCE AND PHONE CALLS WITH J. BARNES RE COROVAN INDEX ISSUES AND DELIVERY OF EXECUTIVE ADMINISTRATION FILES REVIEW AND REVISE INDEX PER ADDITIONAL INFORMATION FROM J. BARNES AND CORRESPONDENCE WITH D. ROBSON RE ADDITIONAL MERVYN'S FLOOR INFORMATION REVIEW CORRESPONDENCE BETWEEN J. STEWART AND J. DAVIS RE EXECUTIVE ADMINISTRATION CUBE NUMBERS AND REVIEW INDEX FOR SAME AND CORRESPONDENCE WITH J. STEWART AND T. DUNHAM RE SAME RESEARCH PROPOSED SCHEDULING ORDERS, DRAFT DISCOVERY PLANS, AND ELECTRONIC DISCOVERY AGREEMENTS, MEETING WITH K. RUFF AND E. DOMINGUEZ RE SAME, AND CORRESPONDENCE WITH K. WONG AND J. GUTKIN RE SAME REVIEW EMAIL FROM STEWART RE: SOLICITING BIDS RE: COMPUTER FORENSICS. REVIEW SUN ANSWER TO COMPLAINT. REVIEW LUPERT ADLER ANSWER TO COMPLAINT. CALL WITH RABINOWITZ ON DATA
5.90
2,301.00
.70
241.50
3.40
1,173.00
.40
138.00
3.10
1,069.50
.10
78.50
.80 .50 .20
628.00 392.50 157.00
Page
53
4/29/09 4/29/09 4/29/09
JRI JRI S V
4/29/09 4/29/09
S V GAO
4/29/09 4/29/09 4/29/09 4/29/09
N S N S N S N S
4/29/09 4/29/09
TMD TMD
4/29/09
TMD
4/29/09
TMD
4/29/09
TMD
STORAGE AND COMPUTER FORENSICS ISSUES. REVIEW CERBERUS ANSWER TO COMPLAINT. REVIEW GOLDMAN SACHS ANSWER TO COMPLAINT. LEGAL RESEARCH RE: ISSUES CONCERNING 2004 TRANSACTION LITIGATION. CONTINUED LEGAL RESEARCH RE: 2004 TRANSACTION ISSUES. REVIEW OF 2004 TRANSACTION DOCUMENTS (1.3); UPDATING OF TIME-LINE MEMORANDUM (.2). ATTENTION TO 3RD PARTY IP VENDORS REVIEWED CHRONOLOGY; PREPARED EMAIL RE: SAME P/C W/JENN STEWART RE: LITIGATION STRATEGY CORRESPONDENCE WITH RON SUSSMAN RE: TARGET MOTION TO DISMISS DRAFT ELECTRONIC DISCOVERY REQUEST CONFERENCE CALL WITH J. STEWART, M. OSTROVSKY AND B. ZAYAS RE VENDOR PROCESSING CHARGES AND DOCUMENT REVIEW SPECIFICATIONS TELEPHONE CONVERSATION WITH J. STEWART RE DISCOVERY REQUESTS TELEPHONE CONVERSATION WITH K. RUFF RE DRAFT DISCOVERY PROTOCOLS TELEPHONE CONVERSATION WITH R. HAUSWIRTH RE LOCAL RULES AND CHOICE OF LAWS FOR
.50 .60 1.80
392.50 471.00 954.00
2.30 1.50
1,219.00 742.50
.30 1.10 .40 .20
174.00 638.00 232.00 116.00
2.40 1.10
744.00 341.00
1.30
403.00
.70
217.00
.80
248.00
Page
54
4/29/09
TMD
4/29/09 4/29/09
MLR M O
4/29/09 4/30/09
R S ELD
4/30/09 4/30/09 4/30/09 4/30/09
RRS RRS RRS KAR3
DELAWARE COURTS REVIEW DELAWARE LOCAL RULES AND FRCP RE ELECTRONICALLY STORED INFORMATION MANAGE ONLINE DATA INTO ONLINE REVIEW TOOL PARTICIPATE IN CONFERENCE CALL WITH BDO (0.7), PARTICIPATE IN CONFERENCE CALL WITH TEAM ON RESPONDING TO TARGET'S MTD AND OTHER MATTERS (1.4), DISCUSS STRATEGY AND NEXT STEPS WITH J. STEWART (1), CONTINUE CONDUCTING LEGAL RESEARCH AND DRAFTING PORTIONS OF OPPOSITION TO MTD (2), LOCATE MODELS FOR SCHEDULING AND OTHER ORDERS GOVERNING DISCOVERY (0.7) LEXIS LEGAL RESEARCH FOR M. OSTROVSKY MEET WITH P. COLOSI AND K. RUFF (0.6); ATTEND MEETING RE RESPONDING TO DISCOVERY REQUESTS (1.4); COMPLETE DRAFT OF PROPOSED DISCOVERY PLAN (2.9) SELECTED DOCUMENT REVIEW FOR LITIGATION. AMICUS BRIEF ISSUE DISCUSSION. CONFER RE: CONFERENCE WITH TARGET COUNSEL. RESEARCH AND DRAFT PROPOSED SCHEDULING ORDER AND PROPOSED ELECTRONIC DISCOVERY AGREEMENT (5.1); MEET WITH P. COLOSI AND E. DOMINGUEZ RE
1.20
372.00
.70 5.80
133.00 2,523.00
.50 4.90
97.50 1,690.50
1.40 .40 .20 5.60
1,064.00 304.00 152.00 2,184.00
Page
55
4/30/09
R K
4/30/09 4/30/09
R K PMC
4/30/09
PMC
4/30/09 4/30/09
PMC PMC
4/30/09
NAC
4/30/09 4/30/09
BVZ BVZ
DRAFT DISCOVERY PLANS (.5) CONTINUED LEGAL RESEARCH RE: ISSUES FOR OPPOSITION TO TARGET MTD LEGAL RESEARCH RE: ISSUES FOR OPPOSITION TO TARGET MTD CALL WITH KEN FALGEAN OF THE REDWOOD CITY POLICE DEPARTMENT RE RETRIEVAL AND EXAMINATION OF REDWOOD CITY MERVYN'S SURVEILLANCE TAPES AND CORRESPONDENCE WITH J. BARNES, N. SMITHBERG, AND J. STEWART RE SAME DISCOVERY RELATED RESEARCH AND MEETING WITH E. DOMINGUEZ AND K. RUFF RE SAME MEETING WITH T. DUNHAM RE VENDOR AND SCANNING QUESTIONS CONTINUED WORK PARSING INDEX BY STORE, HQ, AND FLOOR PER ADDITIONAL INFORMATION FROM J. BARNES CONFERENCES RE: CASE ORGANIZATION AND STRATEGY PURSUANT TO 2004 TRANSACTION LITIGATION (.7); CREATION OF VARIOUS ELECTRONIC TOOLS RE: FURTHERANCE OF THE PREPARATION OF THE LITIGATION; (1.7); UPDATED INTERNAL FILE CHRONOLOGY (.2); ORGANIZED HARD FILES (.8); COMMUNICATIONS WITH TEAM RE: STATUS OF ORGANIZATION (.2). VENDOR MEETING WITH CELERITY COORDINATED VENDOR SELECTION PROCESS
3.00
1,305.00
3.00 .50
1,305.00 172.50
1.50
517.50
.50 1.10
172.50 379.50
3.60
756.00
1.00 1.40
235.00 329.00
Page
56
4/30/09
M M
4/30/09 4/30/09
S V S V
4/30/09
GAO
4/30/09
JLS
4/30/09 4/30/09 4/30/09 4/30/09 4/30/09 4/30/09 4/30/09
N S N S N S N S N S N S TMD
4/30/09 4/30/09
TMD TMD
4/30/09
TMD
CONSULT WITH K. RUFF, S. ROBERTS AND VENDOR RE SCANNING OF DOCUMENTS (.3) REVIEWED CAR-O-VAN "TRUE UP" INVOICE AND SCHEDULE. RESEARCH RE: ISSUES CONCERNING 2004 TRANSACTION LITIGATION. REVIEW OF 2004 TRANSACTION DOCUMENTS (1.5); UPDATING OF TIME-LINE MEMORANDUM (.5). REVIEW OF DOCUMENTS DRAFTING IN FURTHERANCE OF THE PROSECUTION OF THE LITIGATION (1.5); MEETING REGARDING SAME (0.5); CONFERENCE CALL REGARDING DISCOVERY (1.0) ATTENTION TO COR-O-VAN INDEX P/C W/TROY DUNHAM RE: EDR ISSUES P/C W/JENN STEWART RE: 3RD PARTY IT VENDORS PREP FOR LITIGATION TEAM MEETING LEGAL RESEARCH RE: BREACH OF FIDUCIARY DUTY CLAIMS ATTENTION TO REDWOOD SURVEILLANCE TAPES REVIEW DELAWARE LOCAL RULES AND FRCP RE ELECTRONICALLY STORED INFORMATION DRAFT ELECTRONIC DISCOVERY REQUESTS CONFERENCE CALL WITH J. STEWART, M. OSTROVSKY AND B. ZAYAS RE VENDOR PROCESSING CHARGES AND DOCUMENT REVIEW SPECIFICATIONS PREPARE FOLDER INDEX FILES
.30
46.50
.40 1.60
212.00 848.00
2.00
990.00
3.00
1,590.00
.30 .40 .30 1.10 .90 .30 1.40
174.00 232.00 174.00 638.00 522.00 174.00 434.00
2.10 .70
651.00 217.00
3.40
1,054.00
Page
57
4/30/09
M O
4/30/09
SMR
FOR ATTORNEY REVIEW REVIEW AND ANALYZE MATERIALS RELATED TO 2004 TRANSACTION (2), BEGIN WORKING ON DRAFT SCHEDULING ORDER AND RELATED MATERIALS (1) SEND ELECTRONIC DOCUMENTS TO J. STEWART FOR REVIEW
3.00
1,305.00
.40
76.00
Task total: MEETINGS 4/07/09 4/07/09 4/08/09 4/15/09 4/24/09 RRS JRI RRS RRS RRS MEETING WITH LITIGATION TEAM RE: TARGET MOTION TO DISMISS. INTERNAL MEETING ON LITIGATION ISSUES. LITIGATION TEAM MEETING RE: STRATEGIC RESPONSES. CORRESPOND RE: MEETING. LITIGATION TEAM MEETING AND REVIEW SELECTED MATERIALS.
960.20
428,805.50
.90 .30 .60 .20 .70
684.00 235.50 456.00 152.00 532.00
Task total: TRAVEL 4/20/09 GAO TRAVEL TIME FROM NEW YORK CITY TO SAN FRANCISCO TO MEET WITH MERVYN'S EMPLOYEES (BILLED ONLY HALF THE TRAVEL TIME). 1/2 TRAVEL TIME FROM BOSTON TO SAN FRANCISCO (4.8) TRAVEL FROM NEW YORK TO SAN FRANCISCO RE: MERVYN'S EMPLOYEE INTERVIEWS (BILLED
2.70
2,059.50
4.00
1,980.00
4/20/09 4/20/09
JLS S V
4.80 4.40
2,544.00 2,332.00
Page
58
4/21/09 4/21/09 4/23/09
PMC JLS GAO
4/23/09
GAO
4/23/09 4/23/09
JLS S V
4/25/09
GAO
4/25/09
JLS
AT HALF TIME). TRAVEL TO MERVYN'S AND RETURN (BILLED AT HALF-TIME) 1/2 TRAVEL TIME TO CLIENT SITE TRAVEL TIME FROM COOLEY'S SAN FRANCISCO OFFICE TO WAREHOUSE IN SAN JOSE WERE MERVYN'S FILES WERE SHIPPED AFTER HEADQUARTERS AND STORES CLOSED (ONLY HALF THE TRAVEL TIME WAS BILLED). TRAVEL TIME FROM WAREHOUSE IN SAN JOSE WERE MERVYN'S FILES WERE SHIPPED AFTER HEADQUARTERS AND STORES CLOSED TO COOLEY'S SAN FRANCISCO OFFICE (ONLY HALF THE TRAVEL TIME WAS BILLED). 1/2 TRAVEL TIME FROM SAN FRANCISCO TO CLIENT SITE TRAVEL FROM MERVYN'S HEADQUARTERS IN SAN FRANCISCO TO NEW YORK (BILLED AT HALF TIME). TRAVEL TIME FROM SAN FRANCISCO TO NEW YORK CITY (BILLED ONLY HALF THE TRAVEL TIME). 1/2 TRAVEL TIME SAN FRANCISCO TO BOSTON
2.00 1.00 .50
690.00 530.00 247.50
.50
247.50
1.30 4.30
689.00 2,279.00
4.00
1,980.00
4.30
2,279.00
Task total: LEASES AND EXECUTORY CONTRACTS 4/01/09 S V REVIEWED GOODY'S DECISION RE: 365(D)(3) AND CORRESPOND WITH
31.10
15,798.00
1.40
742.00
Page
59
4/10/09 4/16/09
S V CRH
HERMAN, ROSENBLATT AND C. HERSHCOPF RE: SAME. REVIEWED ANSWER TO WM INLAND CROSS COMPLAINT. CONFER WITH ORDONEZ RE: TRACING REAL ESTATE TRANSACTIONS.
.30 .40
159.00 282.00
Task total: PREPARATION FOR AND ATTENDANCE AT COURT HEARINGS 4/07/09 4/19/09 4/20/09 4/20/09 RRS JRI JRI JRI CONFER RE: SUN COMPLAINT PRE-TRIAL CONFERENCE. REVIEW NOTICE OF AGENDA FOR COURT HEARING. REVIEW MINUTE ENTRY FROM COURT HEARING. REVIEW NOTICE OF AMENDED AGENDA FOR COURT HEARING.
2.10
1,183.00
.30 .10 .10 .10
228.00 78.50 78.50 78.50
Task total: AVOIDANCE ACTIONS 4/29/09 CRH REVIEW VERIZON PREFERENCE SETTLEMENT.
.60
463.50
.40
282.00
Task total:
.40 TOTAL FEES:
282.00 $468,128.50
Page
60
Attorney Summary: __________________ Attorney/Paralegal EAK KRUGER, ERIK A. KAR3 RUFF, KATHRYN A MLR ROBINSON, MICHELLE L LDM1 MACDONALD, LISA D ELD DOMINGUEZ, ERIN L AMM3 MITCHELL, AMANDA M PMC COLOSI, PETER M M M MARTINEZ, MELISSA TMD DUNHAM, TROY M GAO ORDONEZ, GUSTAVO A NAC CUNNINGHAM, NANCY A JYM MOLS, JESSICA Y M O OSTROVSKY, MARIA SMR ROBERTS, STEVEN M R K KALNIT, RICHELLE TNY YANKOV, TIHOMIR N JLS STEWART, JENNIFER L BVZ ZAYAS, BRIAN V JRI INDYKE, JAY R. RRS SUSSMAN, RONALD R. DRF FRANKLIN, DAVID RAYMOND CRH HERSHCOPF, CATHY RAE EJH HABER, ERIC J. N S SMITHBERG, NICHOLAS S V VAN AALTEN, SETH JLC COHEN, JEFFREY L. R S SANCHEZ, RAFAEL ____ Type Paralegal Associate Other Other Associate Associate Associate Paralegal Other Associate Paralegal Associate Associate Other Associate Other Associate Other Partner Partner Associate Partner Associate Associate Associate Associate Other ____ Rate 190 390 190 195 345 345 345 155 310 495 210 390 435 190 435 195 530 235 785 760 555 705 640 580 530 555 195 _____ Hours 14.40 57.20 15.40 .50 46.20 1.90 128.90 .80 46.20 97.50 18.80 .20 77.80 20.90 113.90 7.20 135.20 9.80 20.20 60.80 .10 11.80 2.00 74.10 62.70 1.60 3.70 ___ Fee 2,736.00 22,308.00 2,926.00 97.50 15,939.00 655.50 44,470.50 124.00 14,322.00 48,262.50 3,948.00 78.00 33,843.00 3,971.00 49,546.50 1,404.00 71,656.00 2,303.00 15,857.00 46,208.00 55.50 8,319.00 1,280.00 42,978.00 33,231.00 888.00 721.50
For costs and disbursements recorded through April 30, 2009:
AUTOMOBILE RENTAL STEWART, JENNIFER L SAN FRANCISCO - MERVYN'S MEETING
223.91
Page
61
4/20-4/25/09 AIR FARE TRAVELER: J. STEWART DEPARTURE DATE: 3/30/2009 ITINERARY: BOSTON, MA-NEW YORK, NY-BOSTON, MA AIR FARE TRAVELER: G. ORDONEZ DEPARTURE DATE: 4/20/2009 ITINERARY: NEW YORK, NY-SAN FRANCISCO, CA-NEW YORK, NY AIR FARE TRAVELER: J. STEWART DEPARTURE DATE: 4/20/2009 ITINERARY: BOSTON, MA-SAN FRANCISCO, CA-BOSTON, MA AIR FARE TRAVELER: S. VANAALTEN DEPARTURE DATE: 4/20/2009 ITINERARY: NEW YORK, NY-SAN FRANCISCO, CA-NEW YORK, NY AIR FARE JENNIFER STEWART - SAN FRANISCO - MERVY'S MEETINGS 4/20-4/25/09 HOTELS AND MEALS (HOTEL) STEWART, JENNIFER L NEW YORK - TEAM MEETING 03/30-31/09 HOTELS AND MEALS (HOTEL) STEWART, JENNIFER L SAN FRANCISCO - MERVYN'S MEETING 4/20-4/25/09 HOTELS AND MEALS (MEALS) 403.00
661.20
1327.20
811.20
118.00
445.40
1386.96
90.74
Page
62
STEWART, JENNIFER L NEW YORK - TEAM MEETING 03/30-31/09 HOTELS AND MEALS (MEALS) STEWART, JENNIFER L SAN FRANCISCO - MERVYN'S MEETING 4/20-4/25/09 PARKING AND TAXI STEWART, JENNIFER L NEW YORK - TEAM MEETING 03/30-31/09 (TAXI) PARKING AND TAXI STEWART, JENNIFER L SAN FRANCISCO - MERVYN'S MEETING (TACI) 4/20-4/25/09 PARKING AND TAXI STEWART, JENNIFER L SAN FRANCISCO - MERVYN'S MEETING (TOLL) 4/20-4/25/09 PARKING AND TAXI STEWART, JENNIFER L SAN FRANCISCO - MERVYN'S MEETING (PARKING) 4/20-4/25/09 AUDIO/VIDEO CONFERENCING SERVICES FEDERAL EXPRESS RESEARCH DATABASES / DOCUMENT RETRIEVAL MEALS TARGET LITIGATION CONSULTING, INC. NATIVE FILE PRINTING,NATIVE FILE PROCESSING DUNHAM, TROY M HARD DRIVES FOR EDISCOVERY DATA 3/20/09 203.04
152.40
157.75
4.00
111.72
247.05 376.50 2553.97 1434.99 311.98
423.13
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63
SYNERGISTIC ONLINE SOLUTIONS HOSTING SUPPORT DUNHAM, TROY M HARD DRIVE FOR MERVYN'S WARN ACT CUSTODIAN DATA 03/26/09 STEWART, JENNIFER L NEW YORK - TEAM MEETING 03/30-31/09 (BAGGAGE FEE) STEWART, JENNIFER L SAN FRANCISCO - MERVYN'S MEETING (BAGGAGE FEE) 4/20-4/25/09 MESSENGER SERVICE ADDITIONAL SERVICES PARKING SUPPLIES TELEPHONE TRANSPORTATION REPRODUCTION OF DOCUMENTS
3800.00
65.09
15.00
30.00
629.30 155.30 5.00 12.65 138.64 610.98 2086.72 TOTAL COSTS: TOTAL: $18,992.82 $487,121.32
May 21, 2009
DAVID ROBSON MERVYN'S CREDITORS COMMITTEE MERVYN'S HOLDINGS, LLC 6200 STONERIDGE MALL 3RD FLOOR PLEASANTON CA 94588
___________ Bill Number ___________ 20090508153 01 CL
60072 60072
R E M I T T A N C E
A D V I C E
For services rendered, and cost and disbursements detailed in the current bill: _____________ Client-Matter 310411201 MERVYN'S HOLDINGS, LLC ____ Fees 468128.50 _____ Costs 18992.82 _______ Balance 487,121.32 $487,121.32
TOTAL CURRENT FEES AND COSTS:
Recapitulation of Past Due Amounts as of May 21, 2009 ___________ Bill Number _________ Bill Date 200901-07188 1/20/2009 200902-06886 200903-06607 200904-06638 2/12/2009 3/20/2009 4/15/2009 TOTAL CURRENT AND PAST DUE:
Total _______ Balance 44,864.50 69,672.90 52,701.50 273,026.34 $927,386.56
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65
Please include this Remittance Advice with your payment to: Cooley Godward Kronish LLP 101 California St., 5th Fl San Francisco, CA 94111-5800 Tax ID # 94-1140085 Payment may be made by wire transfer: Bank of America - Main Branch - San Francisco, CA 94104 Account # 14997-50919 ABA Routing # 026009593 Swift # BOFAUS3N Reference: Provide Name of Payor and Bill Number(s)
May 21, 2009
310411 MERVYN'S CREDITORS COMMITTEE S P E C I A L B I L L I N G
___________ Bill Number ___________ 20090508153 01 CL I N S T R U C T I O N S
60072 60072
Email copies of bills to Jay Indyke and Seth Van Aalten and R. Kalnit *** NO NEED TO SEND HARD COPIES OF BILLS ***
EXHIBIT B

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IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE ------------------------------------------------------------- X In re: MERVYNS HOLDINGS, LLC, et al.

April 1, 2009 through April 30, 2009

$19,054.14 __ Final Fee Application

SUMMARY OF PROFESSIONAL SERVICES

Seth Van Aalten

matters or contested hearings against third parties.

rendered with respect to preparation for and attendance at meetings.

rendered with respect to avoidance actions.

Applicant, by experience, training and ability, is fully qualified to perform the

/s/ Jay R. Indyke Jay R. Indyke

May 21, 2009

___________ Bill Number ___________ 20090508153 01 CL

.20 .10 .10

157.00 78.50 78.50

MERVYN'S HOLDINGS, LLC 310411201 200905-08153 60072

4/15/09 4/27/09 4/28/09 4/29/09

JRI JRI JRI JRI

.20 .20 .20 .10

157.00 157.00 157.00 78.50

MERVYN'S HOLDINGS, LLC 310411201 200905-08153 60072

4/13/09 4/13/09 4/13/09 4/14/09

4/14/09 4/14/09 4/14/09

JRI JRI JRI

.10 .40 .30 .10

78.50 212.00 159.00 78.50

.10 .10 .10

78.50 78.50 78.50

MERVYN'S HOLDINGS, LLC 310411201 200905-08153 60072

4/14/09 4/14/09 4/14/09

4/14/09 4/14/09 4/14/09 4/15/09 4/15/09

4/16/09 4/16/09 4/16/09 4/17/09 4/17/09

.10 .10 .40

78.50 78.50 212.00

.20 .40 .40 .10 .40

106.00 212.00 212.00 78.50 212.00

.20 .20 .70 1.00 .40

106.00 106.00 371.00 785.00 212.00

MERVYN'S HOLDINGS, LLC 310411201 200905-08153 60072

4/19/09 4/20/09 4/20/09 4/20/09 4/20/09

4/22/09 4/22/09 4/22/09 4/22/09

.10 .10 .40 .30 1.10

78.50 78.50 212.00 159.00 583.00

.10 .10 .60 .40

78.50 78.50 318.00 212.00

MERVYN'S HOLDINGS, LLC 310411201 200905-08153 60072

4/27/09 4/28/09 4/28/09

.60 .10 .50

318.00 78.50 265.00

.60 .10 .20 .40

423.00 78.50 141.00 212.00

Task total: FEE/EMPLOYMENT APPLICATIONS

MERVYN'S HOLDINGS, LLC 310411201 200905-08153 60072

4/08/09 4/08/09 4/09/09 4/10/09 4/13/09 4/13/09

JRI JRI JRI JRI JRI JRI

JRI JRI JRI RRS JRI S V R K R K JRI R K R K

.10 1.20 .10 .10 .30 .10

78.50 942.00 78.50 78.50 235.50 78.50

MERVYN'S HOLDINGS, LLC 310411201 200905-08153 60072

4/21/09 4/21/09 4/21/09 4/22/09 4/22/09 4/27/09 4/28/09 4/28/09 4/28/09

JRI JRI JRI JRI S V S V JRI S V S V

.10 .10 .20 .10 .30 .40 .20 .40 .40

78.50 78.50 157.00 78.50 159.00 212.00 157.00 212.00 212.00

MERVYN'S HOLDINGS, LLC 310411201 200905-08153 60072

_ Bill Number _ 20090508153 01 CL