COVER SHEET TO SEVENTH INTERIM FEE APPLICATION OF …€¦ · cover sheet to seventh interim fee...
Transcript of COVER SHEET TO SEVENTH INTERIM FEE APPLICATION OF …€¦ · cover sheet to seventh interim fee...
UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION IN RE: ) ) ITT EDUCATIONAL SERVICES, INC., et al.1 ) Case No. 16-07207-JMC-7A ) Debtors. ) Jointly Administered
COVER SHEET TO SEVENTH INTERIM FEE APPLICATION OF RUBIN & LEVIN, P.C. FOR COMPENSATION FOR SERVICES RENDERED
AND REIMBURSEMENT OF EXPENSES INCURRED AS CO-COUNSEL FOR THE TRUSTEE FOR THE PERIOD OCTOBER 1, 2019 THROUGH MARCH 31, 2020
Name of Applicant: Rubin & Levin, P.C. (“Rubin & Levin”) Authorized to Provide Professional Services to: Deborah J. Caruso, the trustee appointed in
the above-captioned chapter 7 cases (the “Trustee”)
Date of Order Authorizing Employment: Order entered October 11, 2016 [Doc 309] nunc pro tunc to September 16, 2016
Period for Which Compensation is Sought: October 1, 2019 through March 31, 2020 (the “Current Compensation Period”)
Amount of Fees Sought: $260,867.50 Amount of Expense Reimbursement Sought: $1,269.27
This is a(n) _______ Monthly __X__ Interim _____ Final Fee Application This is Rubin & Levin’s seventh interim fee application. Blended Rate in this Application for All Attorneys:2 $402.04
Blended Rate in this Application for All Timekeepers: $385.90
Compensation Sought in this Application Already Paid Pursuant to a Monthly Compensation Order but Not Yet Allowed:
$209,963.27
Compensation Sought in this Application Not Paid Pursuant to a Monthly Compensation Order:
$52,173.50
Expenses Sought in this Application Already Paid Pursuant to a Monthly Compensation Order but Not Yet Allowed:
$1,269.27
1 The debtors in these cases, along with the last four digits of their respective federal tax identification numbers are ITT Educational Services, Inc. [1311]; ESI Service Corp. [2117]; and Daniel Webster College, Inc. [5980]. 2 This rate excludes non-attorneys (e.g., paraprofessionals and law clerks).
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Number of Professionals Included in this Application:3 17
Number of Professionals Billing Fewer than 15 Hours to the Case During this Application Period:
9
The total time expended in connection with the preparation of this application is not included herein, as additional time was expended after the Current Compensation Period.
Respectfully submitted,
RUBIN & LEVIN, P.C.
By: /s/ Meredith R. Theisen Meredith R. Theisen Deborah J. Caruso (Atty. No. 4273-49) John C. Hoard (Atty. No. 8024-49) James E. Rossow Jr. (Atty. No. 21063-29) Meredith R. Theisen (Atty. No. 28804-49) RUBIN & LEVIN, P.C. 135 N. Pennsylvania Street, Suite 1400 Indianapolis, Indiana 46204 Tel: (317) 634-0300 Fax: (317) 263-9411 Email: [email protected] [email protected] [email protected]
[email protected] Attorneys for Deborah J. Caruso, Trustee g:\wp80\trustee\caruso\itt educational - 86723901\drafts\fee applications\rubin & levin\general counsel\7th interim fee application cover sheet.docx
3 As used herein, the term “professionals” includes all timekeepers.
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UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION IN RE: ) ) ITT EDUCATIONAL SERVICES, INC., et al.1 ) Case No. 16-07207-JMC-7A ) Debtors. ) Jointly Administered
SEVENTH INTERIM FEE APPLICATION OF RUBIN & LEVIN, P.C. FOR COMPENSATION FOR SERVICES RENDERED
AND REIMBURSEMENT OF EXPENSES INCURRED AS CO-COUNSEL FOR THE TRUSTEE FOR THE PERIOD OCTOBER 1, 2019 THROUGH MARCH 31, 2020
Rubin & Levin, P.C. (“Rubin & Levin”), co-counsel to Deborah J. Caruso, the chapter 7
trustee in this case (the “Trustee”), hereby submits this seventh interim fee application, pursuant
to 11 U.S.C. §§ 330 and 331 and Rule 2016 of the Federal Rules of Bankruptcy Procedure, for
(a) allowance of interim compensation for professional services performed by Rubin & Levin for
the period commencing October 1, 2019 through and including March 31, 2020 (the “Current
Compensation Period”) in the amount of $260,867.50, and (b) reimbursement of its actual and
necessary expenses in the amount of $1,267.27 incurred prior to or during the Current
Compensation Period, on the following grounds:
I. JURISDICTION
1. The Court has jurisdiction over this application pursuant to 28 U.S.C. §§ 157 and
1334. This matter is a core proceeding within the meaning of 28 U.S.C. § 157(b)(2).
2. Venue is proper in this district pursuant to 28 U.S.C. §§ 1408 and 1409.
1 The debtors in these cases, along with the last four digits of their respective federal tax identification numbers are ITT Educational Services, Inc. [1311]; ESI Service Corp. [2117]; and Daniel Webster College, Inc. [5980].
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3. The statutory predicates for relief are sections 330 and 331 of Title 11 of the
United States Code (the “Bankruptcy Code”) and Rule 2016 of the Federal Rules of Bankruptcy
Procedure (the “Bankruptcy Rules”).
II. BACKGROUND
4. On September 16, 2016 (the “Petition Date”), ITT Educational Services, Inc.
(“ITT”), ESI Service Corp. (“ESI”) and Daniel Webster College, Inc. (“Webster College,” and
together with ITT and ESI, the “Affiliated Debtors”) filed voluntary petitions for relief under
chapter 7 of the Bankruptcy Code. The Trustee was appointed interim trustee under section 701
of the Bankruptcy Code in each of the Affiliated Debtors’ bankruptcy cases on the Petition Date,
and in accordance with section 702(d) of the Bankruptcy Code, became the permanent case
trustee on November 1, 2016 following the conclusion of the meeting of creditors held pursuant
to section 341(a) of the Bankruptcy Code.
5. On October 4, 2016, the Court entered its Order Granting Motion for Joint
Administration of Chapter 7 Cases [Docs 221 & 222], directing the Affiliated Debtors’
bankruptcy cases to be jointly administered for procedural purposes only.
6. On October 11, 2016, the Court entered its Order Granting Trustee’s Application
to Employ Rubin & Levin, P.C. as Counsel to the Trustee Effective Nunc Pro Tunc as of
September 16, 2016 (the “Employment Order”) [Doc 309], authorizing the employment of Rubin
& Levin as the Trustee’s general counsel in the Affiliated Debtors’ bankruptcy cases, effective
nunc pro tunc as of September 16, 2016.
7. Pursuant to the Order Granting First Interim Fee Application of Rubin & Levin,
P.C. for Compensation for Services Rendered and Reimbursement of Expenses Incurred as Co-
Counsel for the Trustee for the Period September 16, 2016 through January 31, 2017 (the “1st
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Interim Fee Order”) [Doc 1567], the Trustee paid Rubin & Levin interim compensation in the
amount of $1,096,747.00 for services rendered during the period commencing September 16,
2016 through and including January 31, 2017 (the “1st Interim Compensation Period”), and
$26,547.32 for reimbursement of Rubin & Levin’s actual and necessary expenses incurred
during the 1st Interim Compensation Period, for a combined total of $1,123,294.32.
8. Pursuant to the Order Granting Second Interim Fee Application of Rubin &
Levin, P.C. for Compensation for Services Rendered and Reimbursement of Expenses Incurred
as Co-Counsel for the Trustee for the Period February 1, 2017 through August 31, 2017 (the
“2nd Interim Fee Order”) [Doc 2096], the Trustee paid Rubin & Levin interim compensation in
the amount of $1,008,986.00 for services rendered during the period commencing February 1,
2017 through and including August 31, 2017 (the “2nd Interim Compensation Period”), and
$26,011.18 for reimbursement of Rubin & Levin’s actual and necessary expenses incurred
during the 2nd Interim Compensation Period, for a combined total of $1,034,997.18.
9. Pursuant to the Order Granting Third Interim Fee Application of Rubin & Levin,
P.C. for Compensation for Services Rendered and Reimbursement of Expenses Incurred as Co-
Counsel for the Trustee for the Period September 1, 2017 through December 31, 2017 (the “3rd
Interim Fee Order”) [Doc 2405], the Trustee paid Rubin & Levin interim compensation in the
amount of $455,903.00 for services rendered during the period commencing September 1, 2017
through and including December 31, 2017 (the “3rd Interim Compensation Period”), and
$8,142.02 for reimbursement of Rubin & Levin’s actual and necessary expenses incurred during
the 3rd Interim Compensation Period, for a combined total of $464,045.02.
10. Pursuant to the Order Granting Fourth Interim Fee Application of Rubin & Levin,
P.C. for Compensation for Services Rendered and Reimbursement of Expenses Incurred as Co-
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Counsel for the Trustee for the Period January 1, 2018 through July 31, 2018 (the “4th Interim
Fee Order”) [Doc 2898], the Trustee paid Rubin & Levin interim compensation in the amount of
$785,317.50 for services rendered during the period commencing January 1, 2018 through and
including July 31, 2018 (the “4th Interim Compensation Period”), and $13,872.68 for
reimbursement of Rubin & Levin’s actual and necessary expenses incurred during the 4th Interim
Compensation Period, for a combined total of $799,190.18.
11. Pursuant to the Order Granting Fifth Interim Fee Application of Rubin & Levin,
P.C. for Compensation for Services Rendered and Reimbursement of Expenses Incurred as Co-
Counsel for the Trustee for the Period August 1, 2018 through December 31, 2018 (the “5th
Interim Fee Order”) [Doc 3233], the Trustee paid Rubin & Levin interim compensation in the
amount of $456,810.00 for services rendered during the period commencing August 1, 2018
through and including December 31, 2018 (the “5th Interim Compensation Period”), and
$17,842.12 for reimbursement of Rubin & Levin’s actual and necessary expenses incurred
during the 5th Interim Compensation Period, for a combined total of $474,652.12.
12. Pursuant to the Order Granting Sixth Interim Fee Application of Rubin & Levin,
P.C. for Compensation for Services Rendered and Reimbursement of Expenses Incurred as Co-
Counsel for the Trustee for the Period January 1, 2019 through September 30, 2019 (the “6th
Interim Fee Order”) [Doc 3765], the Trustee paid Rubin & Levin interim compensation in the
amount of $843,702.00 for services rendered during the period commencing January 1, 2019
through and including September 30, 2019 (the “6th Interim Compensation Period”), and
$6,313.77 for reimbursement of Rubin & Levin’s actual and necessary expenses incurred during
the 6th Interim Compensation Period, for a combined total of $850,015.77.
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Summary of Fees for Current Compensation Period
13. During the Current Compensation Period, pursuant to the Order Granting
Trustee’s Motion for Authority to Establish Procedures for Interim Compensation and
Reimbursement of Expenses for Professionals Effective as of February 1, 2017 (the “Interim
Compensation Procedures Order”) [Doc 1569], Rubin & Levin has filed three (3) notices of
invoices for services rendered during the Current Compensation Period. A summary of these
notices is as follows:
Current Compensation Period
Total Fees
80% of Fees
20% Holdback
100% Expenses
Total Paid during Current
Compensation Period 10/1/2019 to 12/31/2019 $152,790.50 $122,232.40 $30,558.10 $852.58 $123,084.98 1/1/2020 to 2/29/2020 $73,987.00 $59,189.60 $14,797.40 $335.71 $59,525.31 3/1/2020 to 3/31/2020 $34,090.00 $27,272.00 $6,818.00 $80.98 $27,352.98
Total: $260,867.50 $208,697.00 $52,173.50 $1,269.27 $209,963.27
14. Accordingly, pursuant to the 1st Interim Fee Order, the 2nd Interim Fee Order, the
3rd Interim Fee Order, the 4th Interim Fee Order, the 5th Interim Fee Order, the 6th Interim Fee
Order and the notices of invoices filed thereafter, Rubin & Levin has received a total amount of
$4,956,157.86, for the time period commencing September 16, 2016 through March 31, 2020.
There remains unpaid a total amount of $52,173.50 for the 20.0% holdback for the Current
Compensation Period (the “Holdback”).
15. A full accounting of all services rendered on behalf of the Trustee during the
Current Compensation Period is contained in related time records attached to the notices of
invoices. [See Docs 3773, 3862 and 3882.]
16. As contained in the time records attached to the notices of invoices, Rubin &
Levin has expended a total of 676.0 hours during the Current Compensation Period representing
the Trustee in the Affiliated Debtors’ bankruptcy cases. The value of the services rendered to the
Trustee by Rubin & Levin is $260,867.50.
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17. The value of the services rendered to the Trustee during the Current
Compensation Period has been billed at rates normally charged by Rubin & Levin for
comparable services performed for other clients. The requested fees in the amount of
$260,867.50 are reasonable under the circumstances, and reflect the expertise of counsel in
representing the Trustee in the Affiliated Debtors’ bankruptcy cases.
18. Rubin & Levin has attempted to avoid any duplication of services by its
professionals in rendering services. When more than one professional participated in any
conference or hearing, such joint participation was necessary because of the complexity of the
legal issues involved, the various legal disciplines required, or the need to familiarize the
professional with such matters so that he or she could independently perform further essential
services in connection with the Affiliated Debtors’ bankruptcy cases.
19. Attached and incorporated as Exhibit 1 is Rubin & Levin’s summary of itemized
time records for professionals and paraprofessionals performing services for the Trustee during
the Current Compensation Period. During the Current Compensation Period, Rubin & Levin
billed for time expended by attorneys, law clerks and paraprofessionals based on hourly rates
ranging from $195.00 to $495.00 per hour. The professional services performed by Rubin &
Levin on behalf of the Trustee during the Current Compensation Period required an aggregate
expenditure of 382.8 recorded hours by Rubin & Levin’s partners; 202.6 recorded hours by of
counsel; 37.9 recorded hours by associates; 1.3 recorded hours by law clerks; and 51.4 recorded
hours by paraprofessionals.
20. Each entry itemized in Rubin & Levin’s time records includes (a) use of a project
category (each a “Project Category”), (b) a description of each activity or service that an
individual performed, and (c) the number of hours (in increments of one-tenth of an hour) spent
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by an individual performing the activity or providing service. Attached and incorporated as
Exhibit 2 is a list of the aggregate recorded hours, blended rate and fees incurred for each Project
Category.
Summary of Expenses for Current Compensation Period
21. During the Current Compensation Period, Rubin & Levin has incurred actual and
necessary out-of-pocket expenses in the total amount of $1,269.27.
22. Rubin & Levin seeks reimbursement only for the following types of expenses: (a)
copy expense; (b) conference calls; (c) online research; (d) travel expense; (e) delivery services
and couriers; (f) postage; (g) court costs; and (h) miscellaneous expenses. Below is a summary
of the actual and necessary out-of-pocket expenses incurred on behalf of the Trustee during the
Current Compensation Period:
EXPENSE CATEGORY AMOUNT Copy Expense $652.50 Conference Call $141.77 Online Research CivicNet Research $0.00 Lexis-Nexis Research $217.30 PACER Research $215.00 Travel Expense $0.00 Delivery Services and Couriers Federal Express Expense $0.00 Messenger Service $0.00 UPS Delivery Service $0.00 Postage $42.70 Court Cost $0.00 Miscellaneous Expenses Miscellaneous Expenses $0.00 UCC Search Expense $0.00 COS.com Expense $0.00
Total: $1,269.27
All expense entries detailed in Rubin & Levin’s time records include an itemization of the
expenses by category, the date the expense was incurred, and the amount of the expense. The
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requested expenses are of the kind customarily charged by Rubin & Levin for similar items in
other similar matters.
III. RELIEF REQUESTED
23. By this application, Rubin & Levin requests (a) allowance of $260,867.50 as
compensation for professional services rendered and $1,269.27 as reimbursement of actual and
necessary out-of-pocket expenses incurred during the Current Compensation Period in
connection with such professional services, and (b) authorizing the Trustee to pay Rubin &
Levin the amount of $52,173.50 for the unpaid Holdback.
IV. GROUNDS FOR GRANTING RELIEF REQUESTED 24. Section 331 of the Bankruptcy Code provides for interim compensation of
professionals and incorporates the substantive standards of section 330 of the Bankruptcy Code
that govern the Court’s award of such compensation. See 11 U.S.C. § 331. Section 330 of the
Bankruptcy Code provides that a court may award a professional employed under section 327 of
the Bankruptcy Code “reasonable compensation for actual, necessary services rendered . . . and
reimbursement for actual, necessary expenses.” 11 U.S.C. § 330(a)(1)(A)-(B). Section 330 of
the Bankruptcy Code also sets forth the criteria for the award of such compensation and
reimbursement:
In determining the amount of reasonable compensation to be awarded … the court shall consider the nature, the extent, and the value of such services, taking into account all relevant factors, including –
(A) the time spent on such services;
(B) the rates charged for such services;
(C) whether the services were necessary to the administration of, or beneficial at the time at which the service was rendered toward the completion of, a case under this title;
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(D) whether the services were performed within a reasonable amount of time commensurate with the complexity, importance, and nature of the problem, issue, or task addressed;
(E) with respect to a professional person, whether the person is
board certified or otherwise has demonstrated skill and experience in the bankruptcy field; and
(F) whether the compensation is reasonable based on the customary
compensation charged by comparably skilled practitioners in cases other than cases under this title.
11 U.S.C. § 330(a)(3).
25. Rubin & Levin has reviewed the requirements of each of the foregoing and
believes that this application is in compliance with such requirements, as applicable.
26. All services for which Rubin & Levin seeks compensation, and expenses for
which it seeks reimbursement, were performed on behalf of the Trustee and were necessary and
beneficial to the Trustee and the Affiliated Debtors’ bankruptcy estates. Rubin & Levin worked
diligently to anticipate or respond to the Trustee’s needs and assist in the Trustee’s navigation of
these very complex chapter 7 cases. The compensation requested herein is reasonable in light of
the nature, extent, and value of such services rendered to the Trustee.
27. In connection with the matters covered by this application, Rubin & Levin
received no payment and no promises of payment for services rendered, or to be rendered, from
any source other than the Affiliated Debtors’ bankruptcy estates. There is no agreement or
understanding between Rubin & Levin and any other person, other than members of the firm, for
the sharing of compensation received for services rendered in the Affiliated Debtors’ bankruptcy
cases.
28. To the extent time or disbursement charges for services rendered or expenses
incurred relate to the Current Compensation Period but were not processed prior to the
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preparation of this application or Rubin & Levin has for any other reason not yet sought
compensation or reimbursement of expenses herein with respect to any services rendered or
expenses incurred during the Current Compensation Period, Rubin & Levin reserves the right to
request compensation for such services and reimbursement of such expenses in a future
application.
V. NOTICE
29. Pursuant to the Notice, Case Management and Administrative Procedures (the
“Case Management Procedures”) approved by the Court on October 4, 2016 [Doc 220], the
Trustee will serve a copy of this application and all exhibits on the following (as defined in the
Case Management Procedures): (a) the Core Group; (b) the Request for Notice List; and (c) the
Appearance List.
NOTICE IS GIVEN, that pursuant to the Case Management Procedures, any objection to this application must be in writing and filed with the Bankruptcy Clerk by no later than 4:00 p.m. on May 13, 2020. Pursuant to General Order 20-0003,2 those not required or not permitted to file electronically must deliver any objection as follows: (a) by U.S. Mail at Clerk, United States Bankruptcy Court, Re: ITT Educational Services, Inc. et al., 116 U.S. Courthouse, 46 East Ohio Street, Indianapolis, IN 46204; (b) by publicly accessible drop box available at the Indianapolis Division located at the New York Street and Pennsylvania Street entrance; or (c) by e-mail to [email protected]. The objecting party must also serve a copy of the written objection upon the Trustee’s counsel, at Counsel for Trustee Deborah J. Caruso, Rubin & Levin, P.C., 135 N. Pennsylvania Street, Suite 1400, Indianapolis, IN 46204 ([email protected]). If an objection is NOT timely filed, the requested relief may be granted without a hearing.
NOTICE IS FURTHER GIVEN that in the event of an objection to this application is timely filed, a telephonic hearing on this application and such objection will be conducted on May 20, 2020 at 1:30 p.m. (prevailing Eastern time). Interested parties may participate at the hearing by conference call by calling 1-800-829-7603, passcode 6899341#.
2 The filing procedures for parties not represented by an attorney as set forth in S.D. Ind. B-5005-4, have been temporarily amended pursuant to General Order 20-0003 in response to Coronavirus Disease (COVID-19).
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WHEREFORE, Rubin & Levin respectfully requests the Court enter an order: (i)
allowing interim compensation for professional services rendered during the Current
Compensation Period in the amount of $260,867.50 and reimbursement for actual and necessary
out-of-pocket expenses Rubin & Levin incurred in connection with such services during the
Current Compensation Period in the amount of $1,269.27; (ii) authorizing the Trustee to pay
Rubin & Levin the amount of $52,173.50 for the unpaid Holdback incurred during the Current
Compensation Period; (iii) allowing such compensation for professional services rendered and
reimbursement of actual and necessary out-of-pocket expenses incurred without prejudice to
Rubin & Levin’s right to seek additional compensation for services performed and expenses
incurred during the Current Compensation Period, which were not processed at the time of this
application; and (iv) granting Rubin & Levin all other just and proper relief.
Respectfully submitted,
RUBIN & LEVIN, P.C.
By: /s/ Meredith R. Theisen Meredith R. Theisen
Deborah J. Caruso (Atty. No. 4273-49) John C. Hoard (Atty. No. 8024-49) James E. Rossow Jr. (Atty. No. 21063-29) Meredith R. Theisen (Atty. No. 28804-49) RUBIN & LEVIN, P.C. 135 N. Pennsylvania Street, Suite 1400 Indianapolis, Indiana 46204 Tel: (317) 634-0300 Fax: (317) 263-9411 Email: [email protected] [email protected] [email protected]
[email protected] Attorneys for Deborah J. Caruso, Trustee
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CERTIFICATE OF SERVICE
I hereby certify that on April 29, 2020, a copy of the foregoing Seventh Interim Fee Application of Rubin & Levin, P.C. for Compensation for Services Rendered and Reimbursement of Expenses Incurred as Co-Counsel for the Trustee for the Period October 1, 2019 through March 31, 2020 was filed electronically. Pursuant to Section IV.C.3(a) of the Case Management Procedures, notice of this filing will be sent to the following parties through the Court’s Electronic Case Filing System. Parties may access this filing through the Court’s system. John Joseph Allman [email protected], [email protected] Richard Allyn [email protected] Robert N Amkraut [email protected] Scott S. Anders [email protected], [email protected] Manuel German Arreaza [email protected] Todd Allan Atkinson [email protected] Kay Dee Baird [email protected], [email protected];[email protected] Christopher E. Baker [email protected], [email protected] James David Ballinger [email protected], [email protected] Joseph E. Bant [email protected] William J. Barrett [email protected], [email protected] Ashley Flynn Bartram [email protected] Alex M Beeman [email protected], [email protected] Thomas M Beeman [email protected] Richard James Bernard [email protected] Thomas Berndt [email protected], [email protected] John J Berry [email protected], [email protected] Lauren Beslow [email protected] Brandon Craig Bickle [email protected] Jill B. Bienstock [email protected] Michael Blumenthal [email protected] David J. Bodle [email protected], [email protected] Robert A. Breidenbach [email protected] Wendy D Brewer [email protected], [email protected] Kayla D. Britton [email protected], [email protected] Robert Bernard Bruner [email protected] Jason R Burke [email protected], [email protected] Erin Busch [email protected] John Cannizzaro [email protected], [email protected] Kevin M. Capuzzi [email protected], [email protected];[email protected] James E. Carlberg [email protected], [email protected];[email protected] Steven Dean Carpenter [email protected] Deborah Caruso [email protected], [email protected];[email protected];[email protected] Deborah J. Caruso [email protected], [email protected];[email protected]
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Joshua W. Casselman [email protected], [email protected];[email protected] Ben T. Caughey [email protected] Sonia A. Chae [email protected] John Andrew Chanin [email protected], [email protected] Courtney Elaine Chilcote [email protected], [email protected];[email protected] Dale C Christensen [email protected] Eboney Delane Cobb [email protected] Tiffany Cobb [email protected] Michael Edward Collins [email protected] Michael Anthony Collyard [email protected], [email protected] Eileen Connor [email protected] Lawrence D. Coppel [email protected] Heather M. Crockett [email protected], [email protected] J Russell Cunningham [email protected], [email protected] Erica Dausch [email protected] Melissa J. DeGroff [email protected], [email protected] Dustin R. DeNeal [email protected], [email protected];[email protected] Laura A DuVall [email protected], [email protected] Annette England [email protected] Charles Anthony Ercole [email protected], [email protected] Carolyn Meredith Fast [email protected] Elaine Victoria Fenna [email protected] Andrew W Ferich [email protected] Scott Patrick Fisher [email protected], [email protected] John David Folds [email protected], [email protected] Jennifer N Fountain [email protected], [email protected] Sarah Lynn Fowler [email protected], [email protected],[email protected] Robert W. Fuller [email protected], [email protected],[email protected] Carlos Galliani [email protected] Jonathan William Garlough [email protected], [email protected];[email protected] Lisa Giandomenico [email protected] Lea Pauley Goff [email protected], [email protected] John C Goodchild [email protected] Douglas Gooding [email protected] John Andrew Goodridge [email protected], [email protected];[email protected] Michael Wayne Grant [email protected] Richard Grayson Grant [email protected], [email protected] Alan Mark Grochal [email protected] Elizabeth N. Hahn [email protected], [email protected] Gregory Forrest Hahn [email protected], [email protected] Julian Ari Hammond [email protected], [email protected]
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Wallace M Handler [email protected], [email protected] William J. Hanlon [email protected] Adam Craig Harris [email protected] Brian Hauck [email protected] Jeffrey M. Hawkinson [email protected], [email protected] Michael J. Hebenstreit [email protected], [email protected] Amanda Marie Hendren [email protected] Claude Michael Higgins [email protected] Michael W. Hile [email protected], [email protected] Sean M Hirschten [email protected] Robert M. Hirsh [email protected] John C. Hoard [email protected], [email protected];[email protected];[email protected] Curt Derek Hochbein [email protected], [email protected];[email protected] Jeffrey A Hokanson [email protected], [email protected],[email protected] Steven Howard Holinstat [email protected] Diana Hooley [email protected] Thomas Ross Hooper [email protected] George Wade Hopper [email protected], [email protected] Andrew E. Houha [email protected] Andrew W. Hull [email protected], [email protected] James C Jacobsen [email protected], [email protected] Christine K. Jacobson [email protected], [email protected] Jay Jaffe [email protected], [email protected] David Januszewski [email protected] Benjamin F Johns [email protected], [email protected] Russell Ray Johnson [email protected] Kenneth C. Jones [email protected] Anthony R. Jost [email protected], [email protected] David J. Jurkiewicz [email protected], [email protected];[email protected];[email protected] Aaron Kappler [email protected] Timothy Q. Karcher [email protected] Steven Joseph Kasyjanski [email protected], [email protected] Alan Katz [email protected] Richard B. Kaufman [email protected] Carly Kessler [email protected] John M. Ketcham [email protected], [email protected] Taejin Kim [email protected] Edward M King [email protected], [email protected];[email protected] Roy F. Kiplinger [email protected], [email protected] Jackson Taylor Kirklin [email protected], [email protected] James A. Knauer [email protected], [email protected] Kevin Dale Koons [email protected], [email protected]
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Harris J. Koroglu [email protected], [email protected] Lawrence Joel Kotler [email protected] Robert R Kracht [email protected] Andrew L. Kraemer [email protected], [email protected] David R. Krebs [email protected], [email protected] Jerrold Scott Kulback [email protected] Jay R LaBarge [email protected] Darryl S Laddin [email protected] Michael J. Langlois [email protected], [email protected] Vilda Samuel Laurin [email protected] Jordan A Lavinsky [email protected] Todd Evan Leatherman [email protected] David S Lefere [email protected], [email protected] Anthony Darrell Lehman [email protected] Martha R. Lehman [email protected], [email protected];[email protected];[email protected] Gary H Leibowitz [email protected], [email protected];[email protected] Donald D Levenhagen [email protected] Elizabeth Marie Little [email protected] Edward J LoBello [email protected] Melinda Hoover MacAnally [email protected], [email protected];[email protected] Christopher John Madaio [email protected] John A. Majors [email protected], [email protected] Steven A. Malcoun [email protected] Jonathan Marshall [email protected] Thomas Marvin Martin [email protected] Jeff J. Marwil [email protected], [email protected];[email protected];[email protected] Charles Edward Massey [email protected], [email protected] Ann Wilkinson Matthews [email protected] Rachel Jaffe Mauceri [email protected] Sarah Thomas Mayhew [email protected], [email protected] Michael K. McCrory [email protected], [email protected] Maureen Elin McOwen [email protected] Harley K Means [email protected], [email protected];[email protected] Toby Merrill [email protected], [email protected] Robert W. Miller [email protected] Sherry Millman [email protected] Jason Milstone [email protected] Thomas E Mixdorf [email protected], [email protected] Evgeny Grigori Mogilevsky [email protected], [email protected];[email protected] James P Moloy [email protected], [email protected];[email protected]
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Ronald J. Moore [email protected] Hal F Morris [email protected] Michael David Morris [email protected] Kevin Alonzo Morrissey [email protected], [email protected];[email protected];[email protected] Whitney L Mosby [email protected], [email protected] C Daniel Motsinger [email protected], [email protected];[email protected];[email protected] Lee Duck Moylan [email protected], [email protected] Joseph L. Mulvey [email protected], [email protected] Abraham Murphy [email protected] Justin Scott Murray [email protected] Alissa M. Nann [email protected], [email protected] Henry Seiji Newman [email protected] Kevin M. Newman [email protected], [email protected] Cassandra A. Nielsen [email protected], [email protected],[email protected];[email protected] Ryan Charles Nixon [email protected] Isaac Nutovic [email protected] Michael O'Donnell [email protected] Gregory Ostendorf [email protected], [email protected] Weston Erick Overturf [email protected], [email protected];[email protected] Pamela A. Paige [email protected], [email protected] Kenneth Pasquale [email protected] Eric Pendergraft [email protected], [email protected];[email protected] Danielle Ann Pham [email protected] Anthony Pirraglia [email protected] Jack A Raisner [email protected] Jonathan Hjalmer Reischl [email protected] Michael Rella [email protected] Caroline Ellona Richardson [email protected], [email protected],[email protected] James Leigh Richmond [email protected] John M. Rogers [email protected], [email protected];[email protected];[email protected];[email protected] Melissa M. Root [email protected], [email protected] David A. Rosenthal [email protected] James E Rossow [email protected], [email protected];[email protected] Rene Sara Roupinian [email protected], [email protected];[email protected] Victoria Fay Roytenberg [email protected], [email protected] Steven Eric Runyan [email protected] Craig Damon Rust [email protected], [email protected] Karl T Ryan [email protected], [email protected]
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Joseph Michael Sanders [email protected] Thomas C Scherer [email protected], [email protected] James R. Schrier [email protected], [email protected];[email protected] Ronald James Schutz [email protected] H. Jeffrey Schwartz [email protected] Courtney Michelle Scott [email protected] Joseph E Shickich [email protected], [email protected] Mary Alexandra Shipley [email protected] Randall R Shouse [email protected], [email protected] William E Smith [email protected], [email protected] Lauren C. Sorrell [email protected], [email protected];[email protected];[email protected];[email protected] Berry Dan Spears [email protected] Catherine L. Steege [email protected], [email protected];[email protected];[email protected] LaChelle D Stepp [email protected], [email protected] Jason V Stitt [email protected] Sharon Stolte [email protected] Jesse Ellsworth Summers [email protected], [email protected] Matthew G. Summers [email protected], [email protected] Jonathan David Sundheimer [email protected] Nathan L Swehla [email protected] Nancy K. Swift [email protected], [email protected] Andrew W.J. Tarr [email protected], [email protected] Eric Jay Taube [email protected], [email protected];[email protected] Meredith R. Theisen [email protected], [email protected];[email protected] Meredith R. Theisen [email protected], [email protected];[email protected];[email protected] Jessica L Titler [email protected] David Tocco [email protected], [email protected] Todd Christian Toral [email protected], [email protected] Ronald M. Tucker [email protected], [email protected],[email protected] Christopher Turner [email protected], [email protected] Michael Tye [email protected] U.S. Trustee [email protected] Lauren Valkenaar [email protected] Sally E Veghte [email protected], [email protected] Rachel Claire Verbeke [email protected] Aimee Vidaurri [email protected] Amy L VonDielingen [email protected] Amy E Vulpio [email protected] Carolyn Graff Wade [email protected] Christopher D Wagner [email protected]
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Louis Hanner Watson [email protected] Jeffrey R. Waxman [email protected], [email protected];[email protected] Philip A. Whistler [email protected], [email protected] Bradley Winston [email protected], [email protected] Brandon Michael Wise [email protected] Cathleen Dianne Wyatt [email protected], [email protected] James T Young [email protected], [email protected];[email protected] James E. Zoccola [email protected] I further certify that on April 29, 2020, pursuant to Section IV.C.3(c) of the Case Management Procedures, a copy of the foregoing Seventh Interim Fee Application of Rubin & Levin, P.C. for Compensation for Services Rendered and Reimbursement of Expenses Incurred as Co-Counsel for the Trustee for the Period October 1, 2019 through March 31, 2020 was emailed to the following: Arlington ISD/Richardson ISD: Eboney Cobb at [email protected] CEC Red Run, LLC: Alan M. Grochal at [email protected] SWRE Deal V Building, LLC: Paul Weiser at [email protected] Tarrant County/Dallas County: Elizabeth Weller at [email protected] Northwest Natural Gas Company: Ashlee Minty at [email protected] Solar Drive Business, LLC: Chris W. Halling at [email protected] Market-Turk Company: Jordan A. Lavinsky at [email protected] Taxing Authority for Harris County, Texas: John P. Dillman at [email protected] Texas Comptroller of Public Accounts: Rachel Obaldo at [email protected] Clear Creek Independent School District: Carl O. Sandin at [email protected] Synchrony Bank: Recovery Management Systems Corporation at [email protected] Bexar County: Don Stecker at [email protected] SWRE Deal V Building, LLC: Nancy K. Swift at [email protected] TN Dept. of Revenue: Michael Willey at [email protected] Florida Department of Education: Benman D. Szeto at [email protected] Last Second Media, Inc.: T. Todd Egland at [email protected] Hung Duong: Kevin Schwin at [email protected] Travis County: Kay D. Brock at [email protected] Able Building Maintenance: Scott D. Fink at [email protected] Marathon Ventures, LLC: Daniel M. Karger at [email protected] Oklahoma County Treasurer: Tammy Jones at [email protected] JM Partners LLC: John Marshall at [email protected]
/s/ Meredith R. Theisen Meredith R. Theisen g:\wp80\trustee\caruso\itt educational - 86723901\drafts\fee applications\rubin & levin\general counsel\7th interim fee application - final.docx
Case 16-07207-JMC-7A Doc 3906 Filed 04/29/20 EOD 04/29/20 15:14:22 Pg 20 of 20
SUMMARY OF PROFESSIONAL SERVICES RENDERED BY TIMEKEEPER FOR THE PERIOD OF OCTOBER 1, 2019 THROUGH MARCH 31, 2020
(Partners)
NAME OF
PROFESSIONAL (in alphabetical order)
PARTNERS
EFFECTIVE HOURLY RATE
TOTAL HOURS BILLED
(in this application)
FEES BILLED
Caruso, Deborah J. $495.00 71.5 $35,392.50 Casselman, Joshua W. $395.00 168.8 $66,676.00 Hoard, John C. $495.00 8.5 $4,207.50 Rossow, Jr., James E. $440.00 51.1 $22,484.00 Theisen, Meredith R. $385.00 82.9 $31,916.50
Totals for Partners: 382.8 $160,676.50
(Of Counsel)
NAME OF PROFESSIONAL
(in alphabetical order) OF COUNSEL
EFFECTIVE HOURLY RATE
TOTAL HOURS BILLED
(in this application)
FEES BILLED
Allington, Thomas B. $425.00 6.9 $2,932.50 Hahn, Elizabeth N. $385.00 195.7 $75,344.50
Totals for Of Counsel: 202.6 $78,277.00
(Associates)
NAME OF PROFESSIONAL
(in alphabetical order) ASSOCIATES
EFFECTIVE HOURLY RATE
TOTAL HOURS BILLED
(in this application)
FEES BILLED
Barr, Matthew T. $325.00 0.4 $130.00 Buis, Andrew C. $275.00 13.6 $3,740.00 Nielsen, Cassandra A. $325.00 16.7 $5,427.50 Rabel, Seth A. $325.00 7.2 $2,340.00
Totals for Associates: 37.9 $11,637.50
Case 16-07207-JMC-7A Doc 3906-1 Filed 04/29/20 EOD 04/29/20 15:14:22 Pg 1 of 2
(Law Clerks)
NAME OF PROFESSIONAL
(in alphabetical order) LAW CLERKS
EFFECTIVE HOURLY RATE
TOTAL HOURS BILLED
(in this application)
FEES BILLED
Buis, Andrew C. $195.00 1.3 $253.50 Totals for Law Clerks: 1.3 $253.50
(Paraprofessionals)
NAME OF
PROFESSIONAL (in alphabetical order)
PARAPROFESSIONALS
EFFECTIVE HOURLY RATE
TOTAL HOURS BILLED
(in this application)
FEES BILLED
King, Lori $195.00 0.6 $117.00 McGraw, Angie G. $195.00 5.1 $994.50 McGraw, Robin E. $195.00 0.5 $97.50 Ralph, Melissa D. $195.00 36.0 $7,020.00 Sprague, Carrie A. $195.00 7.5 $1,462.50 Wright, Debbie $195.00 1.7 $331.50
Totals for Paraprofessionals: 51.4 $10,023.00 g:\wp80\trustee\caruso\itt educational - 86723901\drafts\fee applications\rubin & levin\general counsel\7th interim fee application ex.1.docx
Case 16-07207-JMC-7A Doc 3906-1 Filed 04/29/20 EOD 04/29/20 15:14:22 Pg 2 of 2
SUMMARY OF PROFESSIONAL SERVICES RENDERED BY PROJECT CATEGORY FOR THE PERIOD OF OCTOBER 1, 2019 THROUGH MARCH 31, 2020
PROJECT
CATEGORY DESCRIPTION HOURS BLENDED
RATE FEES
SOUGHT 01 Asset Analysis and Recovery 0.4 $290.00 $116.00 02 Asset Disposition 0.2 $495.00 $99.00 03 Business Operations 0.0 $0.00 $0.00 04 Case Administration 66.0 $337.86 $22,299.00 05 Claims Administration &
Objections 213.0 $372.28 $79,296.00
06 Employee Benefits/Pensions 0.0 $0.00 $0.00 07 Expenses 0.0 $0.00 $0.00 08 Fee/Employment Applications 34.9 $306.60 $10,700.50 09 Fee/Employment Objections 0.0 $0.00 $0.00 10 Financing 0.0 $0.00 $0.00 11 Meeting of Creditors 0.0 $0.00 $0.00 12 Plan and Disclosure Statement 0.0 $0.00 $0.00 13 Relief from Stay Proceedings 4.6 $430.43 $1,980.00 14 Litigation 23.6 $367.67 $8,677.00 15 Federman – WARN Act 244.7 $401.71 $98,297.50 16 Artis – WARN Act 0.0 $0.00 $0.00 17 SEC et al 0.7 $385.00 $269.50 18 Villalba 0.0 $0.00 $0.00 19 Lehman Roofing 0.0 $0.00 $0.00 20 Duong 0.0 $0.00 $0.00 21 Miner Putative Class 37.2 $422.84 $15,729.50 22 Inland Moving and Storage Co. 0.0 $0.00 $0.00 23 Hansen Storage Company 0.0 $0.00 $0.00 24 Air Mechanical & Service Corp. 0.0 $0.00 $0.00 25 Texas Higher Education
Coordinating Board 0.0 $0.00 $0.00
26 CUSO 0.0 $0.00 $0.00 27 Microsoft 0.4 $495.00 $198.00 28 Tax Matters 11.8 $459.66 $5,424.00 29 PEAKS 1.3 $495.00 $643.50 30 Department of Education 36.4 $462.36 $16,830.00 31 Deloitte & Touche Arbitration 0.3 $385.00 $115.5 32 American Express 0.0 $0.00 $0.00 33 AP Consolidated Theatres 0.0 $0.00 $0.00 Miscellaneous 0.5 $385.00 $192.50
Totals: 676.0 $260,867.50 $385.90 g:\wp80\trustee\caruso\itt educational - 86723901\drafts\fee applications\rubin & levin\general counsel\7th interim fee application ex.2.docx
Case 16-07207-JMC-7A Doc 3906-2 Filed 04/29/20 EOD 04/29/20 15:14:22 Pg 1 of 1