Affidavit of Class Counsel Michael P. Gross In Support of

Affidavit of Class Counsel Michael P. Gross

In Support of Application for Attorney's Fees and Costs

and Final Settlement Agreement

Exhibit D

Michael P. Gross

Record of Services Performed on "CAPS" Issue

Case 1:90-cv-00957-JAP-KBM Document 1313-5 Filed 09/29/15 Page 1 of 74









1

EXHIBIT D: MICHAEL P. GROSS

RECORD OF SERVICES PERFORMEDON "CAPS" ISSUE Date Task Time

09.04.02 Continued work on Amicus Brief in Cherokee Federal Circuit matter 1.25 09.05.02 Continued work on Amicus Brief in Cherokee Federal Circuit matter 5.00 09.06.02 Continued work on Amicus Brief in Cherokee Federal Circuit matter 2.00 09.10.02 Continued work on Amicus Brief in Cherokee Federal Circuit matter 3.00 09.11.02 Continued work on Amicus Brief in Cherokee Federal Circuit matter 6.50 09.12.02 Continued work on Amicus Brief in Cherokee Federal Circuit matter 2.50 09.13.02 Continued work on Amicus Brief in Cherokee Federal Circuit matter 5.50 09.16.02 Continued work on Amicus Brief in Cherokee Federal Circuit matter 1.50 09.22.02 Continued work on Amicus Brief in Cherokee Federal Circuit matter 2.00 10.01.02 Continued work on Amicus Brief in Cherokee Federal Circuit matter 3.00 10.02.02 Continued work on Amicus Brief in Cherokee Federal Circuit matter 2.00 10.03.02 Continued work on Amicus Brief in Cherokee Federal Circuit matter 4.00 10.04.02 Continued work on Amicus Brief in Cherokee Federal Circuit matter 3.00 10.08.02 Continued work on Amicus Brief in Cherokee Federal Circuit matter 3.00 10.09.02 Finalized Amicus Brief in Cherokee Federal Circuit matter 2.00 12.17.02 Began draft of Amicus Brief for Cherokee request for reconsideration en

banc 1.50

12.18.02 Continued work on Amicus Brief for Cherokee request for reconsideration en banc

3.00


4.50


5.50


1.50


2.50


5.25


4.50


3.50


6.50


5.00


3.25


6.75

12.31.02 Continued work on Amicus Brief for Cherokee request for reconsideration 4.50


2

en banc 01.02.03 Continued work on Amicus Brief for Cherokee request for reconsideration

en banc 7.50


7.50


4.50


4.00


9.00


7.00


6.50

01.31.03 Office conference with K Keckler and CB Rogers; telephone conference with M Kerkmans and B Parkhurst

3.00

02.05.03 Telephone conference with LB Miller on strategy following Cherokee

decision 1.00

02.27.03 Receipt and review of LB Miller's draft Petition for Cert in Cherokee; made suggested revisions

2.00

03.13.03 Receipt, review and edit of LB Miller's Petition for Cert in Cherokee 1.00 03.24.03 Continued edit of LB Miller's Petition for Cert in Cherokee; telephone

conference with LB Miller re same 1.00

05.17.03 Preparation for oral argument 1.75 06.11.03 Receipt, review and edit of LB Miller's Response in Cherokee; Court's

response 2.50

07.08.03 Office conference with E Treisman regarding decision in Cherokee Federal Circuit

.50

07.09.03 Strategy conference with E Treisman regarding summary judgment 1.00 11.19.03 Travel to/from Albuquerque; presentation to NCAI breakout session on

contract support costs 5.00

04.21.04 Draft work on Amicus Brief in Cherokee 3.50 04.22.04 Draft work on Amicus Brief in Cherokee 4.25 04.23.04 Draft work on Amicus Brief in Cherokee 1.25 10.10.04 Receipt and critique of LB Miller's Reply Brief to Supreme Court in

Cherokee

.50

10.20.04 Worked on issue of LB Miller's breach of fiduciary duty to class via Cherokee Reply Brief

2.00

10.21.04 Worked on motion to strike brief (portions of) regarding LB Miller's Cherokee case before the Supreme Court; telephone conferences with CB Rogers, D MacMeekin; office conferences with E Treisman, JE Gallegos; drafted motion

3.50

10.22.04 Continued work on Cherokee Reply Brief issue; telephone conferences with CB Rogers; emails, drafts motion to Supreme Court

3.00


3

10.23.04 Continued work on Cherokee Reply Brief issue 4.00 10.25.04 Continued work on Cherokee Reply Brief issue with CB Rogers, E

Treisman, JE Gallegos; conference call with LB Miller et al; follow-up email and additional request for a fix

4.00

10.26.04 Follow-up to yesterday's telephone conference; telephone conference with CB Rogers and A Lazarus

.75

10.27.04 Continued work on Cherokee Reply Brief issue; conference call with A Lazarus, CB Rogers, E Treisman, C Hobbs; emails; drafted follow-up letter; telephone conference with CB Rogers, G Strommer's office

5.50

03.17.05 Worked to prepare motion to transfer; conference call with LB Miller, E Treisman and Melanie Osborne

3.25

04.07.05 Prepared response to letter exchange by R Hines and LB Miller and Notice of Objection by K Richardson

7.00

04.11.05 Emails and telephone conferences with LB Miller and CB Rogers regarding briefing schedule

2.00

04.22.05 Went over S.A. Healy evidence with E Treisman; conference with counsel on status of Zuni, etc.

.75

04.27.05 Office conference with E Treisman regarding strategy used in our recent CIT case and how it relates to CSC arguments

.75

05.14.05 Review of supplemental brief; LB Miller's Brief in Chief in Cherokee; notes on first thoughts

3.00

05.26.05 Review of briefs on Summary Judgment and Cherokee decision 2.00 05.27.05 Continued review of briefs on Summary Judgment and Cherokee decision 3.00 06.24.05 Began draft of Supplemental brief 4.00 06.25.05 Continued work on Supplemental brief; research; began reading K

Richardson's cross motion and memorandum 5.00

06.26.05 Continued work on Supplemental brief 7.00 06.27.05 Continued work on Supplemental brief with E Treisman; researched files;

telephone conference with CB Rogers 5.50

06.28.05 Continued work on Supplemental brief 6.50 06.29.05 Continued work on Supplemental brief 8.25 06.30.05 Continued work on Supplemental brief 2.00 07.06.05 Continued work on Supplemental brief with E Treisman; review of

Miccosukee decision; Westlaw research 7.50

07.07.05 Continued work on Supplemental brief - edits and revisions 5.50 07.08.05 Continued work on Supplemental brief - edits and revisions 3.50 07.09.05 Continued work on Supplemental brief - edits and revisions with E

Treisman; emailed draft to CB Rogers and LB Miller for comments and input

2.00

07.10.05 Continued work on Supplemental brief - revisions and edits with E Treisman; citations check

3.50

07.11.05 Continued work on Supplemental brief - revisions and edits .50 07.12.05 Continued work on Supplemental brief - revisions and edits; citations check 5.00 07.13.05 Continued work on Supplemental brief - revisions and edits; citations check 5.00 07.14.05 Continued work on Supplemental brief - revisions and edits with E Treisman 6.50


4

and CB Rogers 07.15.05 Continued work on Supplemental brief - revisions and edits with E Treisman

and CB Rogers 2.50

07.16.05 Continued work on Supplemental brief; receipt and review of LB Miller's suggested changes; telephone conference with LB Miller; dinner meeting with E Treisman to discuss and review changes

3.00

07.17.05 Continued work on Supplemental brief with E Treisman 10.25 07.18.05 Continued review and revision of Supplemental brief and incorporating edits

by E Treisman, CB Rogers and LB Miller; citations check 7.50

07.19.05 Continued review and revision of Supplemental brief with E Treisman to incorporate LB Miller edits

4.50

07.19.05 Edits to table of authorities and exhibits in Supplemental brief 4.00 07.20.05 Finalized Supplemental brief with E Treisman, CB Rogers and LB Miller;

filed brief by hand; emailed courtesy copies to all counsel 8.00

07.21.05 Corrected exhibit numbers in Supplemental brief at Clerk's office; review of posture of claims with E Treisman; research

3.00

09.08.05 Reply Brief on Partial Summary Judgment: began drafting section on NY

Airways; telephone conferences with CB Rogers; D MacMeekin 6.00

09.09.05 Reply Brief on Partial Summary Judgment; continued work on NY Airways argument; exchange of drafts with co-counsel; telephone conference with D MacMeekin

7.50

09.10.05 Continued work of Reply Brief 1.00 09.11.05 Continued work of Reply Brief 4.00 09.12.05 Continued work of Reply Brief 8.25 09.13.05 Continued work of Reply Brief 7.00 09.14.05 Continued work of Reply Brief 10.00 09.15.05 Continued work of Reply Brief 6.75 09.16.05 Continued work of Reply Brief; prepared and filed Motion for extension of

time 4.50

09.17.05 Continued work of Reply Brief 1.50 09.19.05 Continued work of Reply Brief with CB Rogers and E Treisman 3.00 09.20.05 Continued work of Reply Brief 2.50 09.21.05 Continued work of Reply Brief 5.50 09.22.05 Review and revision of Reply Brief; conference call with A Lazarus, E

Treisman, CB Rogers and D MacMeekin 1.50

09.23.05 Continued work of Reply Brief 7.50 09.24.05 Continued work of Reply Brief 2.50 09.25.05 Continued work of Reply Brief 4.50 09.26.05 Continued work of Reply Brief 11.00 09.27.05 Finalized Reply Brief, filed, distributed 6.50 01.04.06 Preparation of Notice of New Authority - Shoshone Bannock 60(b) decision 1.50 02.08.06 Review of related cases; drafted Notice of New Authority; conferences with

D MacMeekin, E Tresiman, CB Rogers 3.00

02.18.06 Analysis of quotes by CB Rogers regarding Ute case and our motion for admissions

.75


5

02.20.06 Worked with CB Rogers on Notice of Party Admissions (Ute case) .50 02.21.06 Continued work on Notice of Party Admissions (Ute case); telephone

conferences with CB Rogers and D MacMeekin 1.75

02.22.06 Worked with CB Rogers (by phone), LB Miller and D MacMeekin on Party Admission in Ute case

2.50

02.24.06 Continued work on Party Admission in Ute case; conferred with CB Rogers and worked on language of motion

1.00

02.27.06 Continued work on motion with CB Rogers, E Treisman and D MacMeekin 3.50 03.21.06 Receipt and review of government's response to our motion to consider party

admissions; draft of first thoughts for our reply 1.50

03.22.06 Review and revisions of first thoughts draft on Reply in support of motion to consider party admission; research

4.50

03.23.06 Continued revision of Reply in support of motion to consider party admission; conferences with E Treisman, D MacMeekin and CB Rogers

4.00

03.24.06 Continued review and revision of Reply in support of motion to consider party admissions

1.50

03.25.06 Continued revision of Reply in support of motion to consider party admission; telephone conference with CB Rogers

2.50

03.26.06 Continued revision of Reply in support of motion to consider party admission; telephone conference with CB Rogers

3.25

03.27.06 Continued revision of Reply in support of motion to consider party admission

5.50

03.28.06 Continued revision of Reply in support of motion to consider party admission; edits by CB Rogers, D MacMeekin and MP Gross; telephone conference with Lisa Reider, Cook Inlet; conference with CB Rogers

7.50

03.29.06 Continued revision of Reply in support of motion to consider party admission

7.00

03.30.06 Finalized Reply in support of motion to consider party admission; telephone conferences with LB Miller; D MacMeekin; CB Rogers, M Osbourne

5.00

06.13.06 Review and revision of status report; telephone conference with CB Rogers and LB Miller; emails and telephone conferences with CB Rogers; edited drafts

2.00

06.14.06 Continued review and revisions of status report; emails to CB Rogers and LB Miller

2.00

08.31.06 Review of court's ruling on summary judgment; conference with E Treisman, M Kerkmans and CB Rogers

1.50

01.17.08 Legal research on caps; discussions with D MacMeekin 3.00 01.18.08 Worked on draft motion for reconsideration; telephone conferences with D

MacMeekin and CB Rogers 4.00

01.19.08 Rewrote and edited motion and memo for reconsideration; sent draft to JE Gallegos and D MacMeekin for review

1.50

01.21.08 Continued draft work on memo in support of motion for reconsideration with D MacMeekin and JE Gallegos

3.50

07.29.08 Review of decisions in Arctic Slope, Metlakatha, and Coos Bay by Civilian Board of Contract Appeals

.25

08.28.08 Began review of issue and arguments for appeal on caps issue; telephone 2.50


6

conferences with D MacMeekin and LB Miller; case review - GHS began; finished Jackie Johnson letter (NCAI) regarding contracts for service

08.29.08 Review of docket of filing on summary judgment regarding damage claims; conference call with D MacMeekin and E Treisman; review of affidavits of Earla Begay, John Donham and John Steele; reviewed notice of contract exhaustion documents

3.25

08.31.08 Research of LB Miller's Arctic Slope supplementary brief and case law therein

1.25

09.01.08 Research Comptroller General Opinion In re Newport News Shipping & Dry Dock, Inc., 1976WL13166

1.50

09.02.08 Telephone conference with LB Miller to discuss record on appeal and dates of steps after notice of appeal is filed

.50

09.10.08 Researched rules for filing appeal with B Wooldridge; telephone conference with D MacMeekin and CB Rogers; email exchange on subject and proposed schedule sent to co-counsel

3.50

09.11.08 Worked with D MacMeekin on issues of admission by government; research issue of admission; email exchanges with CB Rogers, LB Miller, D MacMeekin on same question and overall organization and structure of brief

3.75

09.12.08 Continued work on draft of brief on appeal 6.50 09.13.08 Continued work on draft of brief on appeal 5.00 09.14.08 Continued work on draft of brief on appeal; reviewed Handbook on Appeals;

researched record in District Court; telephone conference with CB Rogers regarding record

6.00

09.15.08 Conference with CB Rogers regarding Morris-Ferris; conference with E Treisman and then with D MacMeekin on same

.75

09.15.08 Research on ambiguity; discussion on draft brief with D MacMeekin and CB Rogers

4.25

09.16.08 Continued read of "How to Win Appeal Manual" .75 09.17.08 Telephone conferences with D MacMeekin and CB Rogers regarding

posture of Southern Ute appeal and LB Miller's amicus brief for NCAI; issue of ripeness in CPAS issue; reviewed "How to Win Appeal" read Southern Ute's reply brief on appeal

2.25

09.18.08 Review of all three briefs in Southern Ute 3.50 09.18.08 Telephone conference with CB Rogers, D MacMeekin and E Treisman

regarding Southern Ute

1.25

09.19.08 Telephone conferences with D MacMeekin, LB Miller, CB Rogers regarding Southern Ute, Notice of Appeal, and order of presenting arguments

3.50

09.26.08 Review and revision of drafted Docketing Statement; sent it, Request for Transcript, and Notice of Appeal drafts to CB Rogers and LB Miller for review

1.00

09.28.08 Worked on Brief in Chief on appeal 7.00 09.29.08 Continued work on Brief in Chief 6.75 09.30.08 Continued work on Brief in Chief; reviewed earlier brief in record; review

and revision of working draft 3.50

10.01.08 Settlement discussion with Richard Phelps of Falmouth Institute on other settlement procedures and training

.75


7

10.09.08 Continued work on Brief in Chief 2.00 10.10.08 Continued work on Brief in Chief 5.25 10.11.08 Continued work on Brief in Chief 3.50 10.12.08 Continued work on Brief in Chief 4.25 10.13.08 Continued work on Brief in Chief 5.00 10.14.08 Continued work on Brief in Chief 6.50 10.15.08 Continued work on Brief in Chief with D MacMeekin; began assembling

Appendix from pleadings notebooks 6.75

10.16.08 Continued work on Brief in Chief with D MacMeekin; review of record for Appendix continued

4.50

10.17.08 Continued work on Brief in Chief with D MacMeekin; reviewed record on appeal for Appendix

6.25

10.18.08 Continued work on Brief in Chief 4.75 10.20.08 Discussion with CB Rogers regarding question presented; email to LB

Miller and CB Rogers; wired with staff on record in appeal 1.25

10.23.08 Continued work on Brief in Chief and record on appeal; worked on Notice of Appeal and spoke with LB Miller regarding same; prepared final version for filing tomorrow

5.50

10.24.08 Filing of Notice of Appeal with B Wooldridge .40 10.25.08 Worked with CB Rogers on "issues presented" 1.00 10.26.08 Continued work on Appendix 2.50 10.29.08 Worked on response to Tenth Circuit Clerk's letter and instructions .50 10.30.08 Telephone conferences with CB Rogers and LB Miller regarding schedule

and submittal of appearance form; telephone call to Circuit Clerk regarding appearance form and other parties/lawyers (rule of reason = 'use your judgment')

1.00

11.01.08 Continued work on Appendix - selecting and copying documents 2.50 11.02.08 Worked on Appearance form/Interested Parties 3.00 11.03.08 Worked with B Wooldridge on Notice of Appearance; reassembled

incorporation argument on statutory construction; telephone conference with CB Rogers; email to G Strommer

3.50

11.04.08 Worked on straightening out the certificate of filing from yesterday - Entry of Appearance; telephone conferences, email, etc. to/from Clerk's office, CB Rogers, LB Miller, B Wooldridge

4.50

11.05.08 Legal research on statutory construction, ambiguity .75 11.07.08 Continued work on Appendix 2.00 11.10.08 Research on what to include in Appendix; rewrote issues presented section

for Docketing Statement; telephone conference with CB Rogers regarding same; discussion of brief with E Treisman and D MacMeekin

3.75

11.11.08 Appendix discussions with D MacMeekin; telephone conferences with CB Rogers and LB Miller regarding Docketing Statement - issues presented; reworked issues presented in light of discussions with CB Rogers, LB Miller, E Treisman and D MacMeekin

4.75

11.11.08 Amicus Brief - talked with Senator-elect Tom Udall regarding contract at Sandia Lab and Los Alamos Lab; telephone conference with Michelle

.75


8

Jacques-Ortiz (staff aide to Senator Udall) 11.12.085 Worked with D MacMeekin on Appendix; completed Docketing Statement

and sent final draft to CB Rogers and LB Miller; spoke with clerk's office regarding payment of fees and costs under PSA II with CB Rogers; edited draft brief on specific example for RNC underpayments

6.50

11.13.08 Filing of Docketing Statement etc with B Wooldridge; receipt and review of Ft. Mohave CBCA decision; telephone conference with CB Rogers regarding amicus brief by NCAI; review of record items with D MacMeekin; review and revision of draft brief in part; review of key documents from record

6.75

11.14.08 Worked with D MacMeekin on Appendix; discussion and resolution of filing issues with Docketing Statement; continued review and revision of Brief in Chief

7.25

11.15.08 Legal research on law of contracts; edits and revisions to draft brief accordingly

2.50

11.16.08 Continued edit and revision of brief 5.00 11.17.08 Conference with E Treisman regarding brief; review and revision of same;

began review of LB Miller's Arctic Slope brief in Federal Circuit 2.25

11.017.08 Conference with CB Rogers regarding contents of brief .75 11.18.08 Conference call with CB Rogers and LB Miller regarding Southern Ute

appeal and related issues; office conference with E Treisman regarding timing of case; continued review and revision of draft brief; discussions with CB Rogers, LB Miller and E Treisman regarding Obama speech at Crown and upcoming mediation

5.50

11.19.08 Conferences with E Treisman and D MacMeekin regarding order of the arguments in appeal and timing schedule in light of mediation scheduled for December 4th

.75

11.19.08 Continued review and revision of brief 4.75 11.20.08 Telephone conference with D MacMeekin and office conference with E

Treisman regarding brief .25

11.21.08 Continued edits of brief based on E Treisman's suggestions; telephone conference with CB Rogers; telephone conference with LB Miller

8.25

11.22.08 Continued review and revision of brief .75 11.23.08 Worked on edits to draft #4; worked with CB Rogers on brief and planning

for December 4th mediation 3.50

11.30.08 Continued review and revision of brief 3.25 12.01.08 Worked on edits to draft #9; telephone conferences with CB Rogers, D

MacMeekin on edits to brief and letter regarding amicus 5.50

12.02.08 Worked with CB Rogers and LN Miller via conference call on preparation for mediation; continued review and revision of brief

5.50

12.03.08 All day preparation for mediation; research of DC ethics code on communications with government official; review and revision of brief; revision of CB Rogers' discussion and argument; emails to J Todd and our team; working lunch with JE Gallegos to discuss mediation

7.25

12.04.08 Settlement/mediation session - preparation for, session itself, and debriefing 6.50 12.04.08 Amicus Brief in Coos/Metlaketh; telephone conference with G Strommer .50


9

12.05.08 Office conference with E Treisman on strategy for achieving settlement discussion

1.50

12.05.08 Amicus Brief - research at Law Library and on Westlaw on statutory construction

2.50

12.06.08 Amicus Brief - continued legal research on statutory construction 2.00 12.08.08 Amicus Brief - continued legal research and review of G Strommer's draft

brief 3.50

12.08.08 Consultation with Mike Her Many Horses of OST regarding status of appeal, possible approaches to settlement, etc.

3.50

12.09.08 Continued work on Amicus Brief edits and analysis 3.25 12.09.08 Conference with CB Rogers regarding settlement strategy; email to NCAI

attorney 1.25

12.11.08 Legislative authority - Tom Udall, Bob Long, etc. 2.00 12.13.08 Worked on redraft of Amicus Brief with D MacMeekin 3.50 12.14.08 Continued conferences and work on redraft of Amicus Brief with D

MacMeekin 3.50

12.15.08 Continued work on redraft of Amicus Brief with D MacMeekin; legal research on ambiguity cases

4.75

12.16.08 Conference and lunch with Michelle Jacquez-Ortiz, Senator Udall's staff member, and JE Gallegos regarding possible help in working with the government

2.50

12.16.08 Continued work on redraft of Amicus Brief with D MacMeekin 2.00 12.17.08 Continued work on redraft of Amicus Brief with D MacMeekin 4.50 12.18.08 Continued work on redraft of Amicus Brief .75 12.19.08 Continued work on redraft of Amicus Brief with D MacMeekin; emails

from/to Marsha Kostura and Steve Osbourne 6.50

12.23.08 Continued work on redraft of Amicus Brief with D MacMeekin 6.00 12.29.08 Final revisions of Amicus Brief with D MacMeekin, mechanical issues and

signing 1.50

12.31.08 Amicus Brief for AGNA - emails to/from LB Miller; telephone conference with John Dossett

.75

01.02.09 Emails regarding strategy for transition team; began draft #2 of settlement position paper

2.75

01.04.09 Continued draft work on settlement position paper; discussion with CB Rogers regarding draft and strategy for getting to negotiations

3.25

01.05.09 Worked on Congressional contacts; continued draft work on settlement position paper; talked with LB Miller and D MacMeekin regarding amicus in ASNA case

5.25

01.06.09 Continued draft of settlement position paper for negotiations; numerous phone calls; office conference with E Treisman

5.25

01.07.09 Continued work on one-page position paper for negotiations; office conference with E Treisman and continued work on position paper with him; telephone conference with Michelle J-O's office; left message for D Morgan in Senator Udall's office

4.75

01.08.09 Continued work on one-paper position paper; worked with Michelle J-Ortiz from Senator Udall's office, JE Gallegos and E Treisman; telephone

6.00


10

conferences with CB Rogers and LB Miller; emails throughout the day regarding upcoming Washington trip

01.09.096 Preparations for upcoming Washington trip on settlement posture - emails, redrafts of one-pagers, phone calls to/from CB Rogers, LB Miller, RNSB, etc; conferences with E Treisman and D MacMeekin; telephone conference with Bob Long

4.75

01.11.09 Travel from Santa Fe to Washington DC 7.50 01.12.09 Jan 12-16: All week in Washington DC to seek commitments from Secretary

of Interior Designee Salazar to enter settlement negotiations. Meetings with Senators Bingaman and Udall and their staffs. Meetings with Senate Energy Committee, Senators Johnson, Murkowski, Udall, Thorne, and Dorgan. Meetings with our team CB Rogers, LB Miller, E Treisman, Martha Garcia, Rodger Martinez and D MacMeekin

9.00

01.13.09 Jan 12-16: All week in Washington DC to seek commitments from Secretary of Interior Designee Salazar to enter settlement negotiations. Meetings with Senators Bingaman and Udall and their staffs. Meetings with Senate Energy Committee, Senators Johnson, Murkowski, Udall, Thorne, and Dorgan. Meetings with our team CB Rogers, LB Miller, E Treisman, Martha Garcia, Rodger Martinez and D MacMeekin

9.00


9.00


9.00


10.00

01.19.09 Telephone conferences on settlement issues in DC with CB Rogers and D MacMeekin; receipt and review of lobbying registration rules - not required we think because not paid and not 20% of time

2.00

01.22.09 Worked on position paper, legal research and editing (canon of construction apples to agreements as well as statutes)

3.00

01.23.09 Worked on meeting with Secretary Salazar; telephone calls to/from Mike Her Many Horses; emails to CB Rogers, LB Miller, et al; drafted and sent draft letters to Salazar and Udall; telephone conference with Jeanette Lyman, Senator Udall's aide

6.50


11

01.23.09 Continued work on position paper 1.50 01.24.09 Continued work on position paper 3.50 01.25.09 Continued work on position paper 3.50 01.26.09 Worked on meeting with Salazar, etc; emails, phone calls, etc 4.50 01.27.09 Emails to follow up on effort to get meeting with Secretary Salazar 2.50 01.29.09 Continued work on position paper with CB Rogers and E Treisman; emails

regarding same; made telephone calls regarding meeting with Secretary Salazar

5.00

01.30.09 Finalized and filed position paper 7.75 01.30.09 Worked with B Wooldridge to make corrections to position paper 3.00 01.31.09 Completed corrections to position paper and submitted as amended 3.00 02.02.09 Position paper amended; problems with email delivery; preparation for next

conference call; email exchanges .75

02.05.09 Emails and telephone calls to/from CB Rogers and LB Miller regarding CSC appropriations and question to Secretary Salazar; telephone conference with Bob Long regarding overture to Justice Department

1.00

02.06.09 Worked on stimulus bill - contacts with Nalon's office; telephone conferences and emails to/from CB Rogers

1.50

02.08.09 Continued work on brief; conferred with CB Rogers on legislative history 4.00 02.09.09 Continued work on Brief in Chief 1.50 02.11.09 Continued work on Brief in Chief 3.75 02.12.09 Continued work on Brief in Chief 6.50 02.13.09 Continued work on Brief in Chief 5.75 02.15.09 Continued work on Brief in Chief 5.50 02.16.09 Continued work on Brief in Chief 7.00 02.17.09 Continued work on Brief in Chief 4.75 02.18.09 Continued work on Brief in Chief 4.00 02.19.09 Continued work on Brief in Chief 7.25 02.20.09 Continued work on Brief in Chief 8.00 02.21.09 Continued work on Brief in Chief .75 02.23.09 Continued work on Brief in Chief; telephone conferences with D

MacMeekin, CB Rogers; file research into "notwithstanding" language in appropriations law

6.25

02.24.09 Worked with CB Rogers and M Kerkmans on powerpoint review; conference call with CB Rogers, LB Miller and E Treisman regarding "notwithstanding" language in appropriations since 1999; follow up letter draft earmarking legislative history synopsis

4.50

02.26.09 Telephone conference s with LB Miller; conference with CB Rogers and D MacMeekin; mediation 10:00 - 12:15; debriefing with CB Rogers, D MacMeekin, E Treisman

3.50

02.28.09 Continued work on brief in chief; "notwithstanding" language post 1998; conference with D MacMeekin

2.50

03.01.09 Discussions with D MacMeekin on related case and structure of brief 1.00 03.02.09 Conference call with CB Rogers and D MacMeekin on caps brief and

"notwithstanding" language in appropriations acts 1999 and later 2.25


12

03.05.09 Worked with D MacMeekin on issues for new outline of brief in light of Republic decisions

.75

03.09.09 Conferred with D MacMeekin regarding brief 1.00 03.10.09 Review and revision of brief 5.75 03.11.09 Continued review and revision of brief 3.50 03.12.09 Continued review and revision of brief 5.25 03.13.09 Legal research on ascertainable standard for determining contract price 7.50 03.14.09 Continued review and revision of brief - analysis and legal research 2.50 03.15.09 Continued review and revision of brief 5.00 03.16.09 Continued review and revision of brief 8.25 03.17.09 Continued review and revision of brief 8.75 03.18.09 Continued review and revision of brief 8.00 03.19.09 Continued review and revision of brief 6.75 03.20.09 Continued review and revision of brief 6.75 03.21.09 Continued review and revision of brief 7.25 03.22.09 Continued review and revision of brief 5.50 03.24.09 Discussed brief with D MacMeekin - reorder of the arguments .50 03.26.09 Worked on edits and additions to brief with D MacMeekin; working lunch

with CB Rogers and E Treisman 6.50

03.27.09 Continued review and revision of brief - table of contents .75 03.28.09 Continued review and revision of brief - editing and research 2.00 03.29.09 Continued review and revision of brief - edited #15-4 into #16 with SB

Rogers' outline; luncheon conference with CB Rogers to review edits; legal research on AT&T case

3.50

03.30.09 Telephone conferences with LB Miller, CB Rogers, D MacMeekin regarding status of brief; legal research

1.25

04.04.09 Continued review and revision of brief 5.75 04.05.09 Continued review and revision of brief - contract authority argument 2.50 04.06.09 Continued review and revision of brief - contract authority argument 4.25 04.07.09 Continued review and revision of brief 7.25 04.08.09 Continued review and revision of brief - contract authority argument;

conferred with counsel 7.75

04.09.09 Continued review and revision of brief - contract authority argument, opening/intro, Gajarra argument VI; conferences with CB Rogers and D MacMeekin

6.75

04.10.09 Continued review and revision of brief 6.50 04.13.09 Continued review and revision of brief; telephone conferences with CB

Rogers and D MacMeekin 5.75

04.14.09 Continued review and revision of brief 3.75 04.15.09 Continued review and revision of brief - revisions to #23A; telephone calls

to/from LB Miller and D MacMeekin 3.50

04.16.09 Continued review and revision of brief 2.50 04.17.09 Review and edit of LB Miller's #24; conference with CB Rogers; emails and

telephone conferences with all and D MacMeekin 3.25

04.18.09 Continued review and revision of brief - #24B 5.00


13

04.19.09 Conference call with CB Rogers and LB Miller regarding Healy argument and related issues in draft #25;emails

1.75

04.20.09 Continued review and revision of brief; telephone calls and emails re same 7.25 04.25.09 Continued review and revision of brief - draft #29 1.25 04.29.09 Continued review and revision of brief 2.75 04.30.09 Continued review and revision of brief - draft #30; telephone conference

with LB Miller; conference with CB Rogers on issues revised by LB Miller 4.50

05.01.09 Continued review and revision of brief 6.50 05.02.096 Continued review and revision of brief 4.50 05.03.09 Continued review and revision of brief 6.50 05.04.09 Continued review and revision of brief; conference with CB Rogers and D

MacMeekin; telephone conference with CB Rogers and LB Miller 4.75

05.05.09 Continued review and revision of brief 8.50 05.06.09 Continued review and revision of brief to finalize 9.00 05.07.09 Filed brief and service of documents 3.75 05.15.09 Receipt and reading of G Strommer's amicus brief .50 05.22.09 Call from Lance Olwell; follow up email to co-counsel .70 06.13.09 Began work on reply brief; reading of first part of Response plus LB Miller's

memo; discussion with CB Rogers and D MacMeekin 2.00

06.14.09 Continued work on reply brief 7.25 06.15.09 Review of notes on Response brief; research into record and 'first thoughts' 3.25 06.16.09 Continued work on response, first thoughts and research 4.50 06.17.09 Continued work on Reply brief 7.50 06.18.09 Continued work on Reply brief 6.75 06.19.09 Continued work on Reply brief 7.45 06.20.09 Continued work on Reply brief 4.25 06.21.09 Continued work on Reply brief 6.00 06.22.09 Continued work on Reply brief 2.75 06.23.09 Continued work on Reply brief 3.75 06.24.09 Continued work on Reply brief 5.75 06.25.09 Continued work on Reply brief 5.50 06.26.09 Continued work on Reply brief 6.75 06.27.09 Continued work on Reply brief 5.50 06.28.09 Continued work on Reply brief 1.00 06.29.09 Continued work on Reply brief 2.00 07.03.09 Continued work on Reply brief with CB Rogers and D MacMeekin 6.50 07.04.09 Continued work on Reply brief with D MacMeekin 3.00 07.05.09 Continued work on Reply brief with CB Rogers and D MacMeekin 3.25 07.06.09 Continued work on Reply brief with D MacMeekin 5.75 07.07.09 Continued work on Reply brief with D MacMeekin; reviewed Govt's

Response brief; emails, etc 6.75

07.08.09 Continued work on Reply brief; reviewed citations, Govt's Response brief; fine-tuning; telephone conference with CB Rogers, LB Miller and D MacMeekin

6.75

07.09.09 Continued work on Reply brief with D MacMeekin; incorporated edits 6.25


14

through email; telephone conference with CB Rogers regarding 15B 07.10.09 Continued work on Reply brief; luncheon meeting with CB Rogers;

telephone conference with D MacMeekin; telephone conference with team; proofing drafts

8.00

07.11.09 Conference call and emails, etc with revisions to Reply brief 3.75 07.12.09 Finalized Reply brief; took brief to Kinko;s for copying and binding with B

Wooldridge 4.50

07.13.09 Final reparations of Reply brief; filed online and sent to Appeals Court, opposing counsel, etc

3.25

09.11.09 Review of contract disputes, chronology .75 09.21.09 Acknowledgement of Notice of Oral Argument; telephone conferences with

D MacMeekin, CB Rogers, LB Miller's aide Cory Hitchcock; communication with Tenth Circuit Clerk regarding oral argument

1.50

10.15.09 Conference call with CB Rogers and LB Miller regarding oral argument preparation

1.50

10.15.09 Emails to/from Paul Frye, Dock Bosson, CB Rogers, LB Miller .25 10.16.09 Oral argument preparation and assembly of cases; began review of case law 3.50 10.19.09 Continued preparation for oral argument; researched Newport News .75 10.20.09 Delivered briefs to Justice Bosson and discussed case with him; research in

preparation for oral argument 2.25

10.21.09 Continued preparation for oral argument; researched Cherokee v Leavitt,

Republic Airways and wrote blurbs for them; telephone conferences with CB Rogers; emails to/from CB Rogers and LB Miller

3.50

10.22.09 Continued preparation for oral argument 3.25 10.23.09 Continued preparation for oral argument; reading and summarizing cases 2.50 10.24.09 Continued preparation for oral argument; email to/from CB Rogers and LB

Miller 5.00

10.25.09 Continued preparation for oral argument; outline and cases review 2.75 10.29.09 Continued preparation for oral argument; reread of opening brief 2.00 10.31.09 Continued preparation for oral argument; research on Appellee's brief in

response 6.50

11.01.09 Continued preparation for oral argument; finished reading Govt's brief and our reply; made edits to outline for oral argument

3.50

11.02.09 Continued preparation for oral argument; rewrote outline; practice session with CB Rogers and LB Miller

5.45

11.03.09 Continued preparation for oral argument; continued work on new draft of outline, read cases, read GAO excerpts; telephone conference with CB Rogers

7.50

11.04.09 Continued preparation for oral argument 6.75 11.05.09 Continued preparation for oral argument - telephone conference with D

MacMeekin regarding outline; telephone conference with LB Miller; review of record

2.50

11.06.09 Continued preparation for oral argument - practice session with CB Rogers and LB Miller; edits to outline following practice

6.25

11.07.09 Continued preparation for oral argument - outline revisions; research on 6.75


15

GAO Redbook; practice session with CB Rogers; organizing materials 11.08.09 Continued preparation for oral argument - edits to outline 2.50 11.09.09 Continued preparation for oral argument - worked on argument with CB

Rogers, LB Miller and D MacMeekin; continued work on outline and arranging documents

7.75

11.10.09 Continued preparation for oral argument with CB Rogers and D MacMeekin; preparation, assembly and organization of documents, outline edits

10.00

11.11.09 Travel to/from Albuquerque for Moot Court 2.00 11.11.09 Moot Court session in Albuquerque; practice with CB Rogers prior 8.00 11.12.09 Continued preparation for oral argument - revisions to outline; practice

session with CB Rogers; emails; telephone conference with D MacMeekin 7.75

11.13.09 Continued preparation for oral argument with CB Rogers - revisions to outline; emails; telephone conference with D MacMeekin

8.25

11.14.09 Travel to Denver for oral argument; last minute preparations with CB Rogers and LB Miller

6.00

11.15.09 Continued preparation for oral argument 10.00 11.16.09 Continued preparation for oral argument; presented argument to court; return

travel to Santa Fe 12.00

12.15.09 Receipt and review of CB Rogers' draft Status Report; emails suggested edits; telephone conference with CB Rogers

.50

04.05.10 Email exchange regarding my proposal to change the annual report requirements in appropriations acts; telephone conference with CB Rogers

1.00

04.26.10 Discussed settlement prospects with Mike Her Many Horses .60 05.08.10 Receipt and review of LB Miller's Reply brief in ANSA - CAPS appeal and

discussed same with CB Rogers 1.25

06.21.10 Telephone conference with CB Rogers and D MacMeekin regarding ambiguity caused by Congress's error in 1(b)(4)

.75

06.22.10 Receipt and review of CB Rogers' email, discussed with D MacMeekin; made suggested changes to draft letter to Clerk under Rule 28(j)

.80

06.23.10 Telephone conference with CB Rogers, LB Miller, D MacMeekin, etal regarding Rule 28(j) letter ; debriefing with D MacMeekin

1.20

11.30.10 Telephone conference with D MacMeekin regarding status .50 12.15.10 Analysis of ANSA ruling in Federal Circuit; conferred with D MacMeekin;

dinner conference with CB Rogers; 'first thoughts' memo 4.50

12.15.10 Receipt, review and revision of proposed Rule 28(j) letter; conferred with D MacMeekin and CB Rogers; conference call with CB Rogers, LB Miller and D MacMeekin; continued review and revision of letter to Tenth Circuit on ANSA

2.40

12.16.10 Continued review and revision of letter to Tenth Circuit 5.50 12.17.10 Continued review and revision of letter to Tenth Circuit - conferred

extensively with CB Rogers, LB Miller and D MacMeekin 7.60

12.20.10 Continued review and revision of letter to Tenth Circuit; New Authority filing on ANSA case; worked with D MacMeekin, CB Rogers, LB Miller and staff to revise response and prepare for filing

8.00

12.21.10 Telephone conferences with D MacMeekin; B Wooldridge; CB Rogers to .30


16

get letter filed 12.27.10 Began drafting Supplemental brief with first thoughts and review of Leavell

case 7.50

12.29.10 Continued work on Supplemental brief 5.75 01.01.11 Continued work on Supplemental brief 5.00 01.02.11 Continued work on Supplemental brief 6.50 01.03.11 Continued work on Supplemental brief 6.50 01.04.11 Continued work on Supplemental brief - draft #6; discussed with D

MacMeekin; emails to CB Rogers and LB Miller 6.25

01.05.11 Continued work on Supplemental brief 6.75 01.06.11 Continued work on Supplemental brief with D MacMeekin and CB Rogers;

edits; legal research 6.75

01.08.11 Continued work on Supplemental brief - conferred with CB Rogers regarding LB Miller's draft; combined MPG and LBM edits into draft #10

5.50

01.09.11 Continued work on Supplemental brief - draft #10 3.90 01.10.11 Continued work on Supplemental brief 3.00 01.11.11 Continued work on Supplemental brief 4.50 01.12.11 Continued work on Supplemental brief 4.25 01.13.11 Continued work on Supplemental brief - draft #15; telephone conference

with D MacMeekin to review and edit; telephone conference with CB Rogers

2.50

01.14.11 Telephone call from J Donham regarding Oglala Sioux Tribe - latest indirect cost rages and remarks made to Scott Westin (OST Treasurer) by NBC discouraging use of special rates

.50

01.14.11 Continued work on Supplemental brief - draft #18A; emailed to co-counsel 3.75 01.18.11 Continued work on Supplemental brief - LB Miller's suggested edits to key

paragraph on Leavell/Winstar; telephone conference with D MacMeekin and CB Rogers; drafted new language; late afternoon conference call with CB Rogers and LB Miller; edits to #20

3.75

01.19.11 Continued work on Supplemental brief - worked with D MacMeekin to input edits by CB Rogers/LB Miller/MP Gross; emails clean and reline of #22 to co-counsel

2.25

01.20.11 Continued work on Supplemental brief - worked with D MacMeekin to input edits; worked with CB Rogers on ANSA, Slip Op pp 11, problem and policy

1.25

01.21.11 Continued work on Supplemental brief - discussed draft #35 with CB Rogers .25 01.22.11 Continued work on Supplemental brief with CB Rogers and D MacMeekin 2.50 01.23.11 Continued work on Supplemental brief with CB Rogers and D MacMeekin;

recorded cite checks 2.00

01.25.11 Finalized Supplemental brief; filed with Court and served on opposing and co-counsel

5.75

03.31.11 Receipt and review of ANSA Motion for Reconsideration .75 04.05.11 Meeting of BIA Task Force on CSC - attended [depart 7:45 am / return 2:10

pm] 6.50

05.09.11 Decision Day! General celebration that Appeals Court decided in our favor! .01 05.09.11 Receipt and review of decision; conferred with CB Rogers and D 1.50


17

MacMeekin; email exchange with co-counsel 05.10.11 Continued review of decision 1.00 05.11.11 Telephone conferences with CB Rogers and D MacMeekin; read new

articles; emails to co-counsel regarding conference call scheduled for next Tuesday

1.00

05.16.11 Drafted Notice to Class and reviewed condition of website; telephone conference with S Hansen of REDW regarding problems with website

2.45

05.17.11 Prepared for and conducted telephone conference on post-decision strategy with CB Rogers, LB Miller, D MacMeekin and D Simon

2.00

05.18.11 Telephone conference with D MacMeekin and M Kerkmans .10 05.18.11 Conference call with co-counsel 1.25 05.20.11 Legal research regarding class decertification 1.50 05.21.11 Legal research regarding class decertification/jurisdiction issues 2.00 05.22.11 Luncheon conference with B Fisher regarding restructuring 2002 damage

calculation sheets and saving them .50

05.23.11 Legal research on class decertification .65 05.24.11 Travel to Rapid City; meeting with Mike Her Many Horses [depart 8:00 am /

arrive Rapid City 2:30 pm, meeting 2:30 pm - 6:00 pm] 10.00

05.25.11 Travel by car to Pine Ridge; met with Tribal Council, President Steele, Mike Hart; travel back to Rapid City [depart Rapid City 7:30 am / arrive Pine Ridge 10:15 am; meeting 10:15 am - 4:30 pm; return Rapid City 7:00 pm]

11.50

05.26.11 Return travel from Rapid City to Santa Fe [depart 11:30 am / arrive 9:00 pm] 9.50 05.27.11 Conference call with CB Rogers, LB Miller, D MacMeekin and A Larzarus

regarding status of case and strategy 1.50

05.27.11 Receipt, review and edit of CB Rogers' further analysis of the Courts Order on future fees and costs to class counsel August 2008

.60

05.31.11 Telephone conference with G Strommer regarding LB Miller's advice to Alaska Native Health Association to file contract disputes

.33

06.02.11 First thoughts on responding to dissent; damage calculation emails .75 06.20.11 Contract dispute update for Class action; telephone conference with M

Kerkmans .20

06.24.11 Receipt and review of Gov't Petition for Rehearing .33 06.25.11 Telephone conferences with CB Rogers, LB Miller and D MacMeekin

regarding Gov't Petition for Rehearing; worked on 'first thoughts' 6.60

06.27.11 Continued work on 'first thoughts' regarding Petition for Rehearing 3.50 06.28.11 Travel to Washington DC 8.00 06.28.11 Worked with D MacMeekin on Response to Petition for Rehearing; meet

with D MacMeekin in late afternoon and had working dinner 4.50

06.29.11 Continued work on Response to Petition for Rehearing with D MacMeekin 6.00 06.30.11 Continued work on Response to Petition for Rehearing with D MacMeekin 4.00 06.30.11 Return travel to Santa Fe from Washington DC 6.00 07.06.11 Continued work on Response to Petition for Rehearing 2.50 07.07.11 Continued work on Response to Petition for Rehearing 1.00 07.08.11 Continued work on Response to Petition for Rehearing 1.15 07.09.11 Continued work on Response to Petition for Rehearing .35


18

07.11.11 Communicated with CB Rogers and D MacMeekin regarding revision of Response to Petition for Rehearing

1.25

07.12.11 Receipt and review of draft revisions from LB Miller and D MacMeekin; discussed with D MacMeekin and sent out to co-counsel

.50

07.13.11 Continued work on Response to Petition for Rehearing 4.25 07.14.11 Continued work on Response to Petition for Rehearing 4.75 07.15.11 Continued work on Response to Petition for Rehearing 1.50 07.18.11 Continued work on Response to Petition for Rehearing 1.20 07.19.11 Finalized and sent copies of Response to Petition for Rehearing to Tenth

Circuit and all counsel 3.50

07.20.11 Telephone conference with Mike Her Many Horses regarding Eric Holder visit to Pine Ridge next week; drafted position paper/letter for John Steele and AG Eric Holder

1.30

07.22.11 Telephone conference with Mike Her Many Horses regarding logistics of visit to Pine Ridge

.50

07.26.11 Preparation for trip to Rapid City and Pine Ridge regarding Eric Holder visit .75 07.26.11 Travel to Rapid City [depart 9:30 am / arrive 8:30 pm] to promote settlement

discussions through Oglala Sioux Tribe (President John Yellow Bird Steele) with Attorney General Eric Holder; conferred with John Yellow Bird Steele, Mike Her Many Horses, and Phillip Crow (Aide)

12.00

07.27.11 Attended Department of Justice Conference on Native American issues with 30 US Attorneys and Attorney General Eric Holder, Asst Secretary of Interior Larry Echohawk and tribal leaders; lunch with President Steele, Mike Her Many Horses, etal

10.00

07.28.11 Travel to Pine Ridge for meeting with US Attorney General Eric Holder at Sue Ann Big Crow Center; conferred with President Steele; attended ceremony at Wounded Knee Memorial; return travel to Rapid City

11.00

07.29.11 Return travel to Santa Fe 5.00 08.01.11 Receipt and review of Order denying Petition for Rehearing; emails and

telephone conferences to/with CB Rogers, D MacMeekin, Samantha Whitetail Eagle, Rodger Martinez, Mike Her Many Horses and John Yellow Bird Steele; luncheon meeting with CB Rogers

3.50

08.04.11 Telephone conference with D MacMeekin and conference with CB Rogers regarding form of new contract disputes 2005-2011; telephone conferences with M Kerkmans and Mike Her Many Horses; worked on contract dispute form

5.75

08.05.11 Travel to/from Grants for meeting with Ramah Navajo Chapter officials 3.50 08.05.11 Meeting with Ramah Navajo Chapter officials and staff to explain recent

Tenth Circuit ruling on rehearing and describe background and prospects 2.50

08.06.11 Worked on revisions to contract dispute form 1.75 08.08.11 Continued revision of contract dispute form; telephone conferences with M

Kerkmans 6.00

08.09.11 Continued revision of contract dispute form; updated and emailed 1.75 08.10.11 Rewrote contract dispute form; telephone conferences with Mike Her Many

Horses, M Kerkmans and P Kaye 3.50

08.11.11 Prepared email memo on contract dispute form for Oglala Sioux Tribe .75


19

08.12.11 Review and revision of contract dispute form with M Kerkmans and D MacMeekin

4.50

08.15.11 Discussions with M Kerkmans and D MacMeekin regarding form of ratemaking claims for shortfalls column and double-dipping and original rate-making base problem

.65

08.15.11 Review and revision of contract dispute form; sent to D MacMeekin and M Kerkmans for review and input

2.00

08.16.11 Worked on finalizing contract dispute for years 2005-2006 with M Kerkmans, P Wayne, D MacMeekin and R Martinez

1.50

08.31.11 Legal research regarding Supreme Court practice .50 09.01.11 Conference call with LB Miller and CB Rogers regarding status of case and

need for a status conference; discussed and approved filing motion for status conference and other aspects of case in light of ANSA

1.00

09.13.11 Telephone conferences with opposing counsel J Koppel and J Todd; telephone conferences with CB Rogers, LB Miller and D MacMeekin

2.25

09.14.11 Travel to/from Albuquerque; meeting with Mason Big Crow and M Kerkmans to prepare Oglala Sioux Tribe's contract dispute for 2005 etc [depart 7:45 am / return 3:30 pm]

7.75

09.15.11 Telephone conference with M Kerkmans and E Begay regarding form of contract dispute - edits and adjustments

.50

09.20.11 Emails and telephone calls to confirm telephone conference with Magistrate on Sept 26th

.40

09.21.11 Requested receipt of mailing for Oglala Sioux Tribe contract dispute; received and emailed to Mason Big Crow

.25

10.22.11 Receipt and review of Gov'ts Motion for Extension of Time; emails to CB Rogers and LB Miller

.50

10.31.11 Discussions with D MacMeekin regarding Petition for Cert in Ramah Class Action and opposing cert in ANSA

.75

11.01.11 Worked on first thoughts on Gov't Petition for Cert 2.75 11.02.11 Worked on opposition to cert brief 3.15 11.03.11 Continued work on first thoughts brief - Response to Petition for Cert 5.50 11.06.11 Conference with CB Rogers regarding Response to Petition for Cert 1.00 11.07.11 Continued work on Response to Petition for Cert - outline and argument 1.25 11.08.11 Continued work on first thoughts - Response to Petition for Cert .75 11.09.11 Continued work on Response to Petition for Cert; telephone conferences

with D MacMeekin regarding same 2.50

11.11.11 Pre-conference call with D MacMeekin; conference call with CB Rogers, LB Miller, D MacMeekin regarding Response to Petition for Cert; post call review with D MacMeekin on first draft and notes

3.00

11.12.11 Receipt and review of D MacMeekin's draft of Response to Petition for Cert 1.00 11.14.11 Continued work on Response to Petition for Cert; re-read of Judge Hansen's

decision, reading of D MacMeekin's draft Response and notes from CB Rogers and LB Miller

3.75

11.15.11 Review of Tenth Circuit decision; telephone conferences with CB Rogers, LB Miller, D MacMeekin

2.15

11.16.11 Finished reading Tenth Circuit decision; telephone conference with D 2.50


20

MacMeekin; telephone conference with CB Rogers regarding "contract authority" vs "legal availability"

11.17.11 Telephone conference with Mark Freeman regarding extension request and Supreme Court timetable

.25

11.17.11 Receipt and review of LB Miller ANSA Reply Brief to Supreme Court; telephone conferences with CB Rogers, LB Miller, D MacMeekin; emails; discussion of Reply Brief with CB Rogers and D MacMeekin

1.50

11.17.11 Conference call with CB Rogers, LB Miller and D MacMeekin regarding Response to Petition for Cert

2.25

11.18.11 Continued work on Response to Petition for Cert 3.75 11.19.11 Continued work on Response to Petition for Cert; telephone call from LB

Miller to discuss his Reply Brief in ANSA 5.25

11.20.11 Continued work on Response to Petition for Cert 6.00 11.21.11 Continued work on Response to Petition for Cert 7.00 11.22.11 Continued work on Response to Petition for Cert 3.25 11.23.11 Continued work on Response to Petition for Cert 4.50 11.24.11 Continued work on Response to Petition for Cert 6.00 11.25.11 Continued work on Response to Petition for Cert 5.25 11.26.11 Continued work on Response to Petition for Cert 7.00 11.27.11 Continued work on Response to Petition for Cert 5.25 11.28.11 Continued work on Response to Petition for Cert; review of draft #5 with

CB Rogers and D MacMeekin; receipt and review of edits by CB Rogers and discussed first impressions with him and D MacMeekin; various telephone conferences and emails re same

4.50

11.29.11 Continued work on Response to Petition for Cert; sent draft #6 to LB Miller etal

2.50

11.30.11 Telephone conferences with CB Rogers and D MacMeekin regarding Response brief, logistics, etc

.50

11.30.11 Research on oppositions to cert; telephone conference with D MacMeekin re same

1.10

11.30.11 Two telephone conferences with Mark Freeman and D MacMeekin regarding timing of Response brief in light of Court's schedule for this term; telephone conference with CB Rogers, LB Miller and D MacMeekin re same

.75

12.01.11 Worked on Response brief question presented with CB Rogers; worked on printing and content issues with D MacMeekin

2.75

12.02.11 Continued work on Response to Petition for Cert - questions from D MacMeekin on citations; emails regarding printing and circulation, next draft from LB Miller; telephone conference with CB Rogers on questions presented and to D MacMeekin re same

2.60

12.03.11 Continued work on Response to Petition for Cert with D MacMeekin, CB Rogers, LB Miller and D Simon

5.50

12.04.11 Continued work on Response to Petition for Cert with CB Rogers and D MacMeekin

6.00

12.05.11 Continued work on Response to Petition for Cert with CB Rogers, LB Miller, D MacMeekin and D Simon

9.50

12.06.11 Continued work on Response to Petition for Cert with CB Rogers, LB 11.50


21

Miller, D MacMeekin and D Simon 12.08.11 Continued work on Response to Petition for Cert with CB Rogers, LB

Miller, D MacMeekin and D Simon 4.50

01.06.12 Numerous telephone calls and emails regarding Supreme Court's granting of cert to and from Ed DuMont, CB Rogers, LB Miller, G Strommer and J Dossett

4.50

01.07.12 Read Ed DuMont's amicus brief on Cherokee v Leavit; drafted first thoughts as prompted by the amicus brief

2.50

01.08.12 Worked on response brief 1.50 01.09.12 Various emails and telephone conferences with counsel regarding scheduling

telephone conference call, etc 2.25

01.13.12 All day preparations for conference calls; conferences call with Ed DuMont, CB Rogers, LB Miller, J Dossett; conference call later with Carter Phillips, CB Rogers, LB Miller; telephone conference with Leigh Tran, aide to Carter Phillips, regarding travel arrangements to Los Angeles on Monday, Jan 16th

7.50

11.14.12 Worked on case description for Pete Zah 1.75 01.15.12 Completed case description and sent to Pete Zah and Mike Her Many Horses

with cc to D MacMeekin 1.50

01.16.12 Travel to Los Angeles to meet Carter Phillips of Sidley Austin LLP [depart 7:00 am on Jan 15 / return 9:00 pm Jan 16]

22.00

01.17.12 Follow up email to Carter Phillips .10 11.20.12 Review and discussion of Carter Phillips' proposed engagement letter with

CB Rogers and LB Miller .90

01.20.12 Telephone conference with CB Rogers and LB Miller regarding C Phillips engagement letter and contract dispute/damages calculations

.65

01.20.12 Emails regarding contract disputes, attorney agreements, C Phillips' engagement letter

1.50

01.21.12 Legal research on Ferris covenant of good faith and fair dealing; began citation checks for Joint Appendix

3.50

01.22.12 Continued work on Joint Appendix 3.25 01.23.12 Legal research on Lovett v US; continued work on Join Appendix; telephone

conferences with CB Rogers and D MacMeekin on theories 3.25

01.25.12 Telephone conference with CB Rogers and G Strommer regarding oral argument and research into cases

.50

01.25.12 Telephone conference with J Dossett regarding amicus brief by NCAI .35 01.27.12 Continued work on Joint Appendix - citations with D MacMeekin .65 01.27.12 Telephone conference with CB Rogers and LB Miller regarding C Phillips'

engagement letter; telephone conference with M Freeman regarding briefing schedule; follow up emails

1.50

01.28.12 Telephone conference with CB Rogers and legal research .95 01.28.12 Continued selection of Joint Appendix citations; notes to C Phillips 1.40 01.29.12 Telephone conference with CB Rogers and LB Miller regarding

Sidley/Austin agreement 1.75

02.02.12 Telephone conference with C Phillips regarding general issues and topics; telephone conference with D MacMeekin regarding Joint Appendix

.45


22

02.03.14 Continued work on Joint Appendix selection; signatures in C Phillips' agreement

4.25

02.05.12 Continued work on Joint Appendix 2.50 02.06.12 Continued work on Joint Appendix with D MacMeekin; sent draft #4 to co-

counsel for review and input; responded to emails about moot court; sent final Joint Appendix add-ons to M Freeman; legal history search in related case files for 1987 hearings on PL-100-472

5.80

02.08.12 Emails on legal history .60 02.12.12 Legal research on NY Airways and Ferris; email to all regarding using NY

Airways to make appropriations point and contract authority for it 3.75

02.20.12 First thoughts on Govt's brief; conference with CB Rogers; telephone conference with Bob Fisher on formula for distribution of capped appropriations

7.25

02.21.12 Continued and completed fist thoughts on Govt's brief; drafted reply to LB Miller's argument regarding NY Airways

6.50

02.22.12 Preparations for conference call with C Phillips; NY Airways emails; conference with CB Rogers; telephone conference call with team; post-conference call debriefing with LB Miller

9.25

02.24.12 Emails and legal research on appropriations acts, Federal vs Canada fiscal years, Supreme Court seating, etc

3.75

02.27.12 Began review of Centex; worked on record issues; good faith and fair dealings, etc

2.75

02.28.12 Lunch discussion with CB Rogers regarding arguments in Brief; telephone conference with CB Rogers and LB Miller e same

2.25

02.29.12 Various telephone calls regarding Ramah Navajo Chapter and Oglala Sioux Tribe AFA's; telephone conference with Jon Cohn and D MacMeekin; email to co-counsel re AFA language

1.25

02.29.12 Continued review of Centex 1.50 03.01.12 Continued review and revision of brief on issues of working of AFA's;

telephone conferences with D MacMeekin, LB Miller .30

03.05.12 Receipt and review of Sidley's Brief draft #1 with CB Rogers; edits and emails to co-counsel

7.50

03.06.12 Continued work on edits to draft #2 with CB Rogers and LB Miller's edits; conference call with M Kruger and J Cohn; telephone conference with LB Miller

5.25

03.07.12 Email memos on Vigil and MAPCO 3.00 03.13.12 Continued work on draft #2 of Brief from Sidley with CB Rogers; emails

edits to co-counsel 3.50

03.13.12 Telephone conference with Mike Her Many Horses regarding Oglala Sioux Tribe contracts

.25

03.16.12 Continued work on final edits of Sidley draft of Brief 4.00 03.19.12 Monitored progress in filing Brief with US Supreme Court; emails and

telephone calls .75

03.20.12 Telephone conferences and emails with J Cohn, E Dumont, CB Rogers, D MacMeekin, etc

1.50

03.21.12 Receipt and review of NCAI's draft amicus; telephone conference with E 5.80


23

Dumont (NCAI), CB Rogers, D MacMeekin, J Cohn 03.22.12 Receipt and review of daft Amicus Brief from Chamber of Commerce;

telephone conference with Matt Hellman (Jenner & Block) and CB Rogers; emails

2.80

03.23.12 Consent to LB Miller's amicus for ANSA; emails on Chamber's brief .40 03.23.12 Finalized comments on Chamber of Commerce amicus .30 03.26.12 Emails to M Hellman and co-counsel regarding Chamber of Commerce

amicus .40

04.03.12 Travel to/from Albq for meeting with RNC officials 3.50 04.06.12 Emails regarding going to press .25 04.13.12 Travel to Washington DC 9.00 04.14.12 Preparation for oral argument 6.00 04.15.12 Preparation for oral argument 6.00 04.16.12 Preparation for oral argument 6.00 04.17.12 Preparation for oral argument 6.00 04.18.12 Oral argument; meetings with co-counsel and clients to debrief 6.00 04.19.12 Return travel to Santa Fe 9.00 04.20.12 Emails and notes to other lawyers and possible Supreme Court blogger who

wants to do an article on the case 5.00

04.23.12 Debriefing with G Strommer; emails to P Eckstein 2.25 06.18.12 Receipt and review of decision in Supreme Court; all day emails and

telephone calls with legal team and clients 7.00

06.19.12 Continued calls and emails regarding SCOTUS victory 5.00 07.02.12 During vacation -Various telephone conferences and follow up emails

to/from class counsel regarding next steps, governments position following Supreme Court decision, and spark settlement talks

2.00

07.03.12 During vacation -Various telephone conferences and follow up emails to/from class counsel regarding next steps, governments position following Supreme Court decision, and spark settlement talks

2.00


2.00


2.00


2.00


2.00


3.00

07.11.12 Travel to Washington DC 6.00


24

07.12.12 Meeting with co-counsel; conference with government regarding possibility of settlement

10.00

07.13.12 Return travel from Washington DC to NH 7.00 07.13.12 Drafted Notice to Class 1.50 07.18.12 Travel to/from Albq to meet with Ramah Navajo Chapter and Oglala Sioux

Tribe representatives regarding status of settlement talks [depart 3pm / return 9pm]

6.00

07.18.12 Various emails regarding settlement and IHS issue .75 07.19.12 Worked on contract dispute issue, Notice of Exhaustion, various telephone

conferences with co-counsel and review of documents 3.00

07.22.12 Legal research on class decertification 1.10 07.23.12 Quick review of LB Miller's damage estimates .30 07.24.12 Travel to Washington DC 9.00 07.24.12 Collaboration with co-counsel CB Rogers, LB Miller and D MacMeekin

regarding next steps 2.50

07.25.12 Pre-negotiation meeting with co-counsel; negotiations; dinner meeting with clients

9.50

07.26.12 Return travel from Washington DC to Santa Fe 9.00 08.03.12 Worked on Contract Dispute form for distribution to Class .75 08.05.12 Worked on Notice to Class; emails to/from C Phillips and J Dossett

regarding NCAI notice .75

08.08.12 Emails and conversations with CB Rogers regarding co-counsel responsibilities and communications

1.75

08.09.12 Telephone conferences with CB Rogers and LB Miller regarding Notice to Class and internal issues regarding publicity, articles and attorney responsibilities/communications

2.00

08.10.12 Continued work on Notice to Class; emails and telephone conferences 1.20 08.12.12 Continued work on Notice to Class; emails to Zuni, OST and RNSB

regarding need to file CDA claim for 2006 2.50

08.13.12 Office conference with CB Rogers regarding Notice to Class 1.00 08.13.12 Emails to/from RNSB regarding need to file CDA claim for 2006 by

09.30.12 .50

08.14.12 Emails and conference calls regarding Notice to Class and Claim Form 3.75 08.22.2 Worked with D Juneau and D MacMeekin on Tunica-Biloxi's claim for

2006; sent email to Doug Burke 1.20

08.23.12 Prepared and sent letter to former Senator Bill Bradley following his conversation with Mike Her Many Horses and his offer to help

4.75

08.24.12 Telephone call from LB Miller on LCE presentation and Patrice Kinech's comments' follow up call to CB Rogers

.65

08.24.12 Double-dipping workup .85 08.25.12 Worked on double-dipping analysis for presentation at settlement effort 1.20 08.31.12 Discussions with CB Rogers regarding language on CSC post-Salazar for

new AFAs .75

09.04.12 Discussions with CB Rogers regarding claim form for contract disputes and settlement issues

2.50


25

09.05.12 Telephone conference with CB Rogers and LB Miller; follow up emails and planning with CB Rogers regarding status conference and interpretation of ISDA regarding governments possible negotiation position

3.75

09.06.12 Worked on counter-argument to "incurred" only govt position; emails, telephone conferences, drafting

4.20

09.07.12 Telephone conference with J Todd; conference call with J Todd and LB Miller regarding settlement status conference and posture, scheduling

2.00

09.07.12 Telephone conferences with J Peregoy regarding contract dispute issues; with M Kerkmans regarding; C Ferguson regarding same

1.50

09.07.12 Telephone conference with J Peregoy at Omaha regarding contract dispute claim for

.40

09.10.12 Continued work on settlement issues; telephone conference with J Todd, CB Rogers and LB Miller; second telephone conference with same; conferences with CB Rogers and LB Miller both before and after the calls; re-read of PSA II

3.50

09.11.12 Telephone conference with Dennis Wanya, CFO for Laguna Pueblo Department of Education to discuss CDA claims

.40

09.11.12 Telephone conference with CB Rogers regarding trial shares type claims for Kiwa Pueblo and Alamo

.33

09.11.12 Telephone conferences with Mike Her Many Horses; drafted list of questions for Kevin Washburn and letter supporting his confirmation as Assistant Secretary for Indian Affairs

.70

09.12.12 Communications to finalize date for next negotiation session with J Todd, email, telephone conference with CB Rogers

.65

09.14.12 Worked on long form claim form for website; emails to S Hansen, CB Rogers and LB Miller; telephone conference with CB Rogers and S Hansen

2.20

09.17.12 Telephone conference with CB Rogers regarding double-dipping issue based on concept of contract price required to be a firm dollar amount each year

1.60

09.11.12 Telephone conferences with Mike Her Many Horses; drafted list of questions for Kevin Washburn and letter supporting his confirmation as Assistance Secretary for Indian Affairs

.70

09.12.12 Communications to finalize date for next negotiation session with J Todd, email, telephone conference with CB Rogers

.65

09.14.12 Worked on long form claim form for website; emails to S Hansen, CB Rogers and LB Miller; telephone conference with CB Rogers and S Hansen

2.20

09.17.12 Telephone conference with CB Rogers regarding double-dipping issue phenom based on concept of contract price required to be a firm dollar amount each year

1.60

09.17.12 CSC claim forms - discussion and e-mails with CB Rogers, LB Miller and S Hansen

.60

09.17.12 Meeting with CB Rogers on double-dipping and conference call with LB Miller

2.20

09.18.12 Travel to Las Vegas, NV for Donham & Associates seminar on Indirect Costs to give report on status of class to over 40 tribal representatives [depart 8:30 am / arrive 11:30 am]

3.00

09.18.12 Attended and spoke at Donham & Associates seminar 4.50


26

09.19.12 Donham & Associates seminar continued 9am-12noon, 1L30om-4pm and informal discussions with attendees and J Donham thereafter

8.00

09.19.12 Return travel from Las Vegas to Santa Fe 4.50 09.19.12 Luncheon conference with S Hansen (REDW) regarding distribution of

possible settlement 2.00

09.21.12 Worked on double-dipping analysis with D MacMeekin 3.60 09.22.12 Continued work on double-dipping analysis 5.00 09.23.12 Travel to Washington DC for settlement negotiations; dinner meeting with

co-counsel 8.00

09.24.12 Settlement negotiations with clients and gov't counsel 9.00 09.25.12 Travel from Washington DC to NYC for meeting with Senator Bill Bradley 5.00 09.26.12 Met with Senator Bill Bradley on call with Oglala Sioux President,

Executive Director, and Consultant (Mark Van Norman) 4.00

09.27.12 Return travel from NYC to NM 11.50 09.27.12 Met with J Donham and E Begay regarding protocol for settlement 1.00 09.28.12 All day work on contract disputes; drafted letter for Senator Bradley to

consider sending to Sebelius; talk and emails with and to B Bleakman, Omaha Tribe; D MacMeekin, M Kerkmans, CB Rogers; emails to LB Miller et al

7.20

09.29.12 Completed letter to Senator Bradley; telephone conference with Mike Her Many Horses; scanned and emailed letter to B Bleakman

1.75

10.01.12 Omaha Tribe and indirect costs - current language issue - conference call with J Peregoy, Health Center Director L Sheron, attorney C Dunman and D MacMeekin

1.10

10.01.12 Conference call on contract language for FY2013 and follow up with S McCarthy

1.25

10.01.12 Conference call with CB Rogers, LB Miller, D Simon and D MacMeekin regarding negotiations with DOJ and DOI next week; follow up calls to B Bleakman, J Donhan and CB Rogers

3.35

10.02.12 Conference calls and emails regarding CSC language for 2013; telephone conference with J Donham - preparation for conference call; telephone conference with D MacMeekin to review response to P Baker-Shenk's revised CSC language

1.80

10.02.12 Met with CB Rogers and B Bleakman, REDW, for conference call with LB Miller and J Donham regarding settlement protocol; late dinner with B Bleakman

3.00

10.04.12 Letter to Omaha Tribe (J Peregoy) regarding status of AFA language; travel to/from Albq for meeting with B Bleakman, J Donham and CB Rogers regarding preparation for next week's negotiation

5.50

10.08.12 Telephone conferences with CB Rogers, G Strommer, D MacMeekin et al regarding upcoming negotiations and related issues

1.60

10.10.12 Travel to Washington DC and afternoon meetings with CB Rogers, LB Miller et al to plan for upcoming negotiations [depart 9:00 am EST / meeting 3:00 pm - 5:30 pm]

6.00

10.11.12 Negotiations with DOJ and DOI to settle class action 9:00 am - 6:00 pm 9.00 10.12.12 Negotiations with DOJ and DOI to settle class action 9:00 am - 1:15 pm; 11.25


27

return travel to Santa Fe [depart 2:30 pm EST / arrive 7:30 pm MST] 10.14.12 BIA language for AFA - consortium reviewed latest BIA proposal and

drafted response; consulted with CB Rogers 1.70

10.14.12 Emails on interpretation of Salazar by BIA/IHS .80 10.15.12 Worked on language of for funding distributions by BIA and IHS in wake of

Supreme Court decision; telephone calls, emails, drafting 4.25

10.15.12 Worked on funding agreement - conference calls with CB Rogers, LB Miller, G Strommer, S Osborne and D MacMeekin

.70

10.16.12 Follow up telephone conference on wording for IHS contract language 1.60 10.16.12 Worked on language for Motion to Stay Litigation with J Todd and LB

Miller; telephone conference with Mike Her Many Horses regarding IHS language

1.20

10.17.12 Telephone conference with J Donham regarding negotiation next steps; travel to Washington DC for next session; IHS and BIA reactions to Supreme Court decision

.20

10.17.12 Telephone conference with Bob Fisher regarding formula for determining level of IDC/DCSC needed from any appropriation for Indian programs to keep program levels constant as between contracted and non-contracted programs

.20

10.17.12 Follow up telephone conference with J Donham .10 10.18.12 Luncheon meeting with B Bleakman, REDW; emails on scheduling, Motion

to Stay Litigation and video conferencing with J Todd; emails to/from CB Rogers and LB Miller

2.25

10.18.12 Legal research on decertification and aggregate damages in class actions 1.60 10.20.12 Legal research on decertification and aggregate damages in class actions 4.00 10.21.12 Legal research and emails regarding protocol for settlement studies 5.25 10.22.12 Legal research on aggregate damages in class actions; office conference with

CB Rogers regarding methodology for the sampling protocol; telephone conference with J Donham regarding expert assistance

5.33

10.23.12 Legal research on aggregate damages and use of statistics to estimate class damages; luncheon meeting with JE Gallegos to discuss settlement issues; telephone conference with CB Rogers and LB Miller regarding methodological issues for protocol and sampling exercise and housekeeping issues regarding experts

4.75

10.24.12 Email draft to IHS regarding AFA working issue 1.00 10.26.12 Telephone conference with S McCarthy and tribal attorneys on AFA

language 1.00

10.29.12 Travel to Albq; conference with CB Rogers and experts to work on methodology; return travel to Santa Fe [depart 8:30 am / return 4:00 pm - 2 hours travel]

9.50

10.30.12 Telephone conferences with CB Rogers and second call with CB Rogers, LB Miller and D Simon

.95

11.01.12 P/F issues- analysis .60 11.01.12 Receipt and review of draft letter to IHS on HHS interpretation of Salazar v

Ramah .70

11.01.12 Receipt and review of CB Rogers' P/F analysis; telephone calls to LB miller 2.25


28

11.02.12 Research on set offs/decertification; breakfast meeting with CB Rogers regarding methodology for settlement

4.20

11.03.12 Legal research on aggregate damages and set offs 4.00 11.04.12 Worked on statement of proposed methodology 3.75 11.05.12 Worked on methodology overview memo 5.50 11.05.12 Worked on draft narrative for methodology 4.20 11.05.12 Conference with CB Rogers 1.66 11.06.12 Continued work on narrative for methodology; telephone conferences with

CB Rogers and D MacMeekin 1.70

11.09.12 Travel to/from Albq; gave talk to AIHB on case in morning; worked with team at REDW on methodology in afternoon

9.00

11.10.12 Worked with CB Rogers on methodology and presentation documents 1.00 11.11.12 Continued work on changes and edits to narrative and methodology

worksheets with CB Rogers, B Bleakman and M Kerkmans; telephone conference with LB Miller

3.50

11.12.12 Preparation for travel to Washington DC for next negotiation session 3.75 11.13.12 Travel to Washington DC [depart 7:30 am / arrive 3:00 pm] 5.50 11.13.12 Briefing meeting with D MacMeekin and D Simon 1.00 11.14.12 Negotiation session all day; breakfast meeting [began 8:30 am / concluded

5:00 pm] 8.50

11.15.12 Continued negotiation sessions at 8:30 am (briefing); joint meetings at 9:00 am until 4:00 pm

7.50

11.15.12 Return travel 5.50 11.20.12 Legal research on jurisdictional decertification of class actions 1.50 11.25.12 Faxed CB Rogers the notes of Nov 14-15, 2012 negotiation .25 11.27.12 Travel to Albq; presentation to KIVA Institute on Salazar v Ramah and

other self-determination issues [depart 8:30 am / finished 1:00 pm] 4.50

11.29.12 Emails and telephone calls from John Friel and Richard Phelps, Falmouth Institute, regarding March 2013 seminar and ISDA CSC issues in wake of Salazar v Ramah decision; drafted email response; telephone conference with D MacMeekin

2.50

11.30.12 Preparations and travel to Albq with CB Rogers for teleconference on settlement methodology [depart 10:00 am / return 4:15 pm]

6.25

12.03.12 Worked on DCSC issues in revised methodology 2.10 12.04.12 Telephone conference with B Bleakman, M Kerkmans, J Donham regarding

DCSC and IDC allocation in methodology follow-up drafting of summary (not complete)

.50

12.05.12 Telephone conference with M Kerkmans and D MacMeekin regarding DCSC treatment and methodology

1.50

12.05.12 Travel to/from Albq; meeting at REDW with B Bleakman, M Kerkmans, J Donham on DCSC [depart 3:30 pm / return 6:30 pm]

3.00

12.06.12 Telephone conference with Lee Bergen on IHS/BIA postures on Salazar v

Ramah; drafted email to hom on negotiations by consortium of lawyers 1.75

12.06.12 Follow up on D MacMeekin revisions of methodology for 12.02.12 .60 12.07.12 Telephone conferences with D MacMeekin, B Bleakman, CB Rogers 2.30


29

regarding methodology revisions; emails to J Todd regarding video conferencing

12.07.12 Telephone conference with Ben Nuvumsa regarding research on non-paying agencies

.33

12.08.12 Research on class decertification issue 4.00 12.10.12 Worked on revisions to narrative for class methodology with D MacMeekin 6.50 12.11.12 Reviewed D MacMeekin revisions to new methodology draft; telephone

conference with D MacMeekin to discuss his suggested changes 1.40

12.11.12 Finalized revisions to draft table of revised methodology; telephone conferences with CB Rogers and D MacMeekin re same

2.00

12.12.12 Reworked narrative text spreadsheets with D MacMeekin; revised revisions after typed corrections were made

4.20

12.13.12 Travel to/from Albq for video demonstration and consultation with B Bleakman and M Kerkmans [depart 9:40 am / return 4:20 pm]

6.50

12.15.12 Conferred with Z Treisman regarding statistical analysis of claims 1.00 12.17.12 Worked on logistics for video conferencing; telephone conferences with

Bleakman, CB Rogers, D MacMeekin; US Magistrate Judge's office, T Todd; emails, etc.; met with CB Rogers and telephoned LB Miller

3.40

12.19.12 Worked on arrangements for conference calls on 21.Dec.12; telephone calls and emails; reviewed and organized files in preparation for call

1.00

12.19.12 Redrafted expert contracts for B Bleakman and J Donham 1.30 12.21.12 Continued preparation for negotiations with DOJ/DOI; travel to/from Albq;

negotiation by conference call [depart 9:30 am / return 5:00 pm] 8.00

12.26.12 Worked on revised methodology documents with CB Rogers and D MacMeekin

3.45

12.27.12 Worked on revision of new methodology; telephone conference with Sarah Knight at Big Lagoon Rancheria; left phone message at Guideville Rancheria; email to Sarah Knight on documents for gov't

2.25

12.27.12 Worked on revised methodology .50 12.28.12 Worked with CB Rogers on changes to methodology 1.50 01.02.13 Emails to Big Lagoon and Guideville; telephone calls - same; emails on new

methodology and schedule for next meeting; travel arrangements; telephone conference with CB Rogers; telephone conference with Dave Rapport re Guideville and then follow up second call; email to Big Lagoon; telephone conference with David Gomez

3.40

01.02.13 Telephone conference with CB Rogers and LB Miller regarding next meeting

.66

01.02.13 Telephone conference with M Kerkmans regarding methodology changes and travel schedule

.55

01.07.13 Emails to J Todd, Sarah Knight; telephone conferences and emails with CB Rogers regarding Guideville

.90

01.14.13 Telephone conference with Walter Grey, Guideville .80 01.14.13 Preparation with D MacMeekin for next negotiation .50 01.14.13 Telephone conference with Patty Marks regarding upcoming meeting in

Washington DC with IHS and possibility of doing a multi-district complex litigation

.75


30

01.15.13 Telephone conference with J Todd; telephone conference with J Todd and LB Miller regarding methodology etc; telephone conference with D MacMeekin

2.10

01.15.13 Travel to Albq to spend night before flying to Washington DC 1.00 01.16.13 Travel from Albq to Washington DC 10.50 01.16.13 Settlement negotiation meetings 4.00 01.17.13 Settlement negotiation meetings 9.00 01.18.13 Settlement negotiation meetings 7.00 01.18.13 Return travel to Santa Fe 9.50 01.22.13 Research on contract dispute claims regarding Falmouth Institute 2.50 01.22.13 Communications by telephone and email on conference calls to de-brief last

week's negotiations 1.75

01.23.13 Preparation for conference call on statistics, sampling Shoshone-Paiute, expert statistician; review of law week's negotiation; discussion with JE Gallegos regarding experts

2.30

01.23.13 Osage claims (IHS) - research on DCA for Osage and Class 1.35 01.23.13 Researched expert statisticians .55 01.24.13 Telephone conference with J Donham regarding RNC as sample; statistician

review of qualifications .25

01.24.13 Telephone conference Richard Phelps, Falmouth Institute, regarding seminar preparation, indirect costs issues and IHS meeting last week

.75

01.24.13 Telephone conference with LB Miller regarding DCSC and Arctic Slope negotiations; telephone conference with D MacMeekin regarding same and implication with BIA negotiations; telephone conference with CB Rogers

.66

01.24.13 Attempts to reach experts at UNM and Brown University 1.20 01.25.13 Telephone calls to/from D MacMeekin, E Henson, CB Rogers regarding

documents for Shoshone-Paiute, etc 2.75

01.27.13 Prepared for and met with B Fisher regarding formula for CSC, progress and in-house ops

2.75

01.27.13 Emails on methodology and related subjects 1.80 01.29.13 Communications by telephone and email on conference calls to de-brief last

negotiations 1.75

01.29.13 Research on contract dispute claims regarding Falmouth Institute 2.50 01.30.13 Legal research on aggregate damages 3.60 01.30.13 Emails regarding statistician and secretarial pay benefits .75 01.30.13 Osage claims (IHS) - research on DCA for Osage and Class 1.35 01.30.13 Preparation for conference call on statistics, sampling Shoshone-Paiute,

expert statistician; review of last week's negotiation; discussion with JE Gallegos regarding experts

2.30

01.30.13 Researched expert statisticians .55 01.31.13 Emails to/from counsel regarding errant emails; discussion with C

MacMeekin regarding experts; emails to Yan Lu, possible expert statistician 2.30

01.31.13 Continued legal research on aggregate damages 3.15 02.01.13 Met with Yan Lu, Statistician at UNM, Terry Loring, Dept Chair [3:00 -

5:30] 2.50


31

02.02.13 Met with Yan Lu and M Kerkmans to further develop statistical approach to methodology for damages [depart 8:45 am / return 2:45 pm]

7.00

02.03.13 Emails on methodology and related subjects 1.80 02.06.13 Conferred with co-counsel and experts on statistical expert issue through

conference calls, follow up emails and individual telephone conferences 4.25

02.06.13 Email exchange with D MacMeekin regarding aggregate damages .85 02.07.13 Prepared for meeting with Yan Lu and CB Rogers; travel to/from Albq;

meeting with Yan Lu on statistics; discussions with CB Rogers regarding case during travel back and forth

5.75

02.08.13 Telephone conference with J Donham and CB Rogers regarding methodology for industry award of direct payments

.70

02.08.13 Review of cost with Yan Lu materials and papers .60 02.08.13 Telephone conference with LB Miller regarding negotiations and procedures .60 02.09.13 Legal research on jurisdiction and aggregate damages 3.80 02.10.13 Laws of the case research regarding jurisdiction, equitable conditions, etc 1.10 02.11.13 Continued legal research on "law of the case" 6.15 02.11.13 Telephone conference with Michael Larsen, statistician, CB Rogers, LB

Miller and D MacMeekin regarding settlements talks 2.15

02.15.13 Conference call with J Donham and CB Rogers regarding methodology to do RNC calculations for "drive-by" sample

.55

02.15.13 Telephone conference with CB Rogers regarding RNC documents from J Donham; telephone conference with Jennifer from OST regarding arrangements for negotiations next week

.20

02.17.13 Meeting with CB Rogers to review details of conference call help on Friday regarding methodology

2.50

02.18.13 Email to Mike Her Many Horses regarding upcoming negotiations; legal research on PL 102-477

.80

02.19.13 Emails and telephone conferences with J Donham, CB Rogers, D MacMeekin, B Bleakman, D Simon; studied emails; telephone conference with J Todd regarding schedule and methodology

3.15

02.19.13 Travel to/from Albq to pick up D MacMeekin at airport; discussed case [depart 5:00 pm / return 8:30 pm]

3.50

02.20.13 Travel to/from Albq; meetings with team in preparation for settlement negotiations; dinner meeting with OST delegates

13.50

02.21.13 Travel to/from Albq; settlement negotiations with DOJ/DOI 12.25 02.22.13 Luncheon meeting with OST delegates; travel to/from Albq; follow up

settlement meetings; dinner meeting with D MacMeekin 7.00

02.23.13 Drafted consultant agreements for Michael Larsen and Yan Lu; emailed drafts to CB Rogers and LB Miller for review and input

1.70

02.24.13 Researched files on OST intervention; organized files on statisticians and methodology

2.20

02.25.13 Travel to/from Albq; met with Yan Lu regarding contract with UNM and MPGLF [depart 9:15 am / return 1:15 pm]

4.00

02.25.13 Reviewed emails and documents; finalized contract with Yan Lu and sent out to co-counsel; reviewed materials in PSA I and sent emails with materials to team including OST intervention documents and documents

3.40


32

collected and scanned; telephone conference with CB Rogers regarding other PSA documents

02.26.13 Emails to/from team regarding documents and statisticians 2.15 02.27.13 Finalized consultants expert contract with Michael Larsen; emails regarding

statisticians and data 2.10

03.04.13 Conference call with CB Rogers and LB Miller regarding methodology issues in 477, etc monies

.70

03.04.13 Review of emails from today and past week .85 03.06.13 Yan Lu/UNM contract - telephone conference with Tim Wester; telephone

conference with CB Rogers; memo to CB Rogers and LB Miller; review of contract and suggested changes to Tim Wester

2.15

03.06.13 Travel to Phoenix for presentation to workshop for Falmouth Institute on Class Action and related litigation and issues [depart 3:15 pm / arrive 7:30 pm]; dinner meeting with CB Rogers and G Strommer

6.50

03.07.13 Presentation at Falmouth Institute workshop on class action, CSC and related issues and litigation [8:30 am - 3:15 pm]; return travel to Santa Fe [4:30 pm - 9:30 pm]

10.75

03.20.13 Reviewed CBR email on methodology questions from last negotiation .80 03.21.13 Receipt and review of emails from CB Rogers regarding methodology; met

with CB Rogers; telephone conference with D MacMeekin regarding methodology; telephone conference with J Todd regarding meeting and methodology issues

4.75

03.22.13 Preparations for conference call and conference call with lawyers on status of negotiations

2.50

03.26.13 Worked on shortfall claim analysis with D MacMeekin; emails with LB Miller et al re same; analysis of matrix; discussion with D MacMeekin re timetable and need to switch from micro to macro approach

2.60

03.26.13 Drafted letter to J Todd on status of negotiations; conferred with D MacMeekin re letter and issues

4.75

03.27.13 Worked with D MacMeekin on letter to J Todd; reviewed Bleakman's website; began reading Belmont Supreme Court decision; telephone conference with CB Rogers re conf call and detail of our position

2.25

03.28.13 Continued drafting letter to J Todd 2.65 03.29.13 Preparation for conf call; conf call with legal team; reviewed draft letter to J

Todd with D MacMeekin; read Connecticut v Belmont decision 3.95

04.01.13 Telephone conference with D MacMeekin as prelim to conf call with legal team; conf call with legal team

2.00

04.01.13 Worked with D MacMeekin on revisions to letter to J Todd on status of negotiations; edits and revisions

3.20

04.02.13 Finalized letter and attachments to J Todd; distributed for review 4.80 04.03.13 Reviewed website documents re J Todd letter in preparation for conf call

with legal team 2.25

04.03.13 Retrieved files on PSAI and PSAII from storage locker .75 04.03.13 Identified and pull L Richardson deposition from storage files .33 04.03.13 Conf call with statisticians M Larsen and Yan Lu and legal team .75 04.04.13 Telecon with D MacMeekin to finish letter and attachment to J Todd .33


33

04.04.13 Receipt and review of emails on methodology and statistics; finalized letter with attachments to J Todd

1.50

04.05.13 Worked on review of M Larsen's statistics methodology draft; conferred with B Fisher re the formula for apportionment of lump sum appropriations for Indian programs in future to maintain program parity

1.10

04.07.13 Travel to Washington DC for negotiations [depart 10:30 am /arrive 8:00 pm] 7.50 04.08.13 Settlement negotiations 9:00 am - 5:00 pm 8.00 04.09.13 Return travel from Washington DC [depart 10:30 am EST/arrive 7:00

pmMST] 10.50

04.15.13 Telecons with CB Rogers and emails from D MacMeekin et al; telecon with J Donham

.40

04.18.13 Current situation and analysis of CBR's emails on statistical sampling and status of negotiations

1.50

04.18.13 Began drafting narrative for B Fisher formula 1.20 04.18.13 Telecons with M Kerkmans, CB Rogers, D MacMeekin .95 04.18.13 Reviewed notes of past negotiations .33 04.19.13 Began draft of narrative re how to distribute CSC; various telecons with CB

Rogers and D MacMeekin re next negotiation and sampling 3.60

04.20.13 Prepared for and participated in conf call with Class team to discuss next steps in negotiation

4.50

04.20.13 Developed first draft of narrative on formula for distributing CSC to maintain program parity between contracted and non-contracted programs no matter the size of appropriations

1.50

04.21.13 Continued work on narrative 2.00 04.24.13 Travel to Washington DC for emergency conference on 2014 CSC 8.00 04.24.13 Prepared for emergency conference 4.00 04.25.13 Testified at IHS/BIA impromptu meeting of Tribal Leaders on FY2014

Budget for CSC - Admin Proposal; 8:00 am breakfast with LB Miller, G Strommer, D MacMeekin, C Mayhew (HSDW); 9am-12:30pm meeting with Charles Goldsmith (White House), Kevin Washburn (BIA) and Dr. Yvette Roubideaux (IHS) on FY 2014 CSC Budget Proposal to Congress

4.50

04.25.13 Return travel from Washington DC to Santa Fe [depart 4:20 pm EST /arrive 11:30 pm MST]

9.00

04.26.13 Telecon with P Zah; bullet points for him to use in work to defeat Admin's budget proposal for CSC for FY 2014

2.00

05.06.13 Read emails re status of negotiations - data collection .33 05.06.13 Telecon with P Zah re meeting with Kevin Washburn and Dr. Roubideaux,

FY 2014 CSC Budget .60

05.06.13 Telecons with B Bleakman, CB Rogers and D MacMeekin re status of negotiations and need for statistics; telecon with M Her Many Horses re same

2.25

05.06.13 Telecon with LB Miller re status of negotiations, NCAI participation, self-governance conference, formula and other related topics

1.33

05.06.13 Lunch meeting with B Bleakman and CB Rogers re data collection issues and conf calls

1.50

05.07.13 Travel to/from Albq; meeting to review progress of data collection; conf call 5.25


34

with lawyers, accountants and statistician Y Lu [depart 12 noon / return 5:15 pm]

05.08.13 Drafted email re status of negotiations to J Todd following morning conf call with team

1.25

05.08.13 Conf call with Z Treisman re formula and its derivitives 1.00 05.08.13 Conference call with lawyers on trial team 1.50 05.09.13 Telecon with LB Miller re status of negotiations .50 05.09.13 Put together packet of documents supporting the ABC’s approach to the

ratemaking claim in 1999 1.20

05.09.13 Drafted email to team re J Todd’s position 1.50 05.09.13 Worked with D MacMeekin on outline for discussions with J Todd 1.30 05.13.13 Telecon and email on scheduling and discussion of substantive points of

methodology and general points of negotiation 1.20

05.13.13 Emails on OIP; paper on subject for Joe Mead; telecons with CB Rogers and D MacMeekin; emails to CB Rogers, LB Miller and D MacMeekin

2.20

05.14.13 Preparation for conf call with J Todd, S Hadley, et al; conf call and post-conf call discussions with D MacMeekin re data and logistics

3.75

05.15.13 Travel to/from Albq; worked on databases at REDW with B Bleakman and CB Rogers [depart 7:00 am / return 4:00 pm]

9.00

05.19.13 Travel to Washington DC 7.00 05.19.13 Met with legal team after arrival in Washington DC 4.00 05.20.13 Settlement negotiations 9:00 am – 5:00 pm 8.00 05.21.13 Return travel from Washington DC [depart DC 2:30 pm EST/arrive Albq

9:30 pm MST] 9.00

05.28.13 Read email on class sampling 1.30 05.28.13 Conf call with legal team and experts 1.50 05.29.13 Preparation for participation in Admins Conf call on 2014 Budget 3.00 05.29.13 Telecon with CB Rogers re Table I redraft, conf call and scheduling of next

negotiation .50

05.29.13 Conf call with Gov’t and their in-house 1.00 05.29.13 Worked with CB Rogers on Table I revisions; telecom with B Bleakman and

D MacMeekin re same .80

05.30.13 Telephone calls and emails with CB Rogers, B Bleakman, D MacMeekin 4.50 05.31.13 Worked on letter to sample tribes with D MacMeekin 1.75 06.03.13 Worked on sample letter to selected tribes or entities 2.30 06.04.13 Telecon with LB Miller re NCAI and 2014 Budget; telecom with M Her

Many Horses re same; telecom with CB Rogers .90

06.07.13 Legal research on aggregate damages .85 06.10.13 Entered suggested changes by CB Rogers, B Bleakman and J Donham to

sample tribes letter .90

06.11.13 Continued work on sample tribes letter 1.10 06.11.13 Preparation of files for taking to next negotiation; telecom with CB Rogers

and D MacMeekin re sample letter to tribes .33

06.12.13 Continued work on sample letter to tribes; conf call; back to letter; telecons with D MacMeekin, CB Rogers, B Bleakman

3.05


35

06.13.13 Emails and telecons with CB Rogers, LB Miller and D MacMeekin re sampling plan

1.60

06.13.13 Continued work on sampling issues with CB Rogers and D MacMeekin .20 06.19.13 Travel to Washington DC 6.50 06.20.13 Settlement negotiations 9:00 am – 5:00 pm 8.00 06.24.13 Discussions throughout the week while on vacation with CB Rogers and D

MacMeekin; review of emails pertaining to sampling 2.00

06.25.13 Discussions throughout the week while on vacation with CB Rogers and D MacMeekin; review of emails pertaining to sampling

2.00


2.00


2.00


2.00

06.30.13 Began revisions on formula for distributing any sized appropriation for Indian programs

3.00

07.04.13 Worked on paper explaining formula for distributing any sized appropriation 3.00 07.04.13 Worked on sampling letter 1.30 07.05.13 Reviewed list of excluded sampling entities to find ones which should be

reinserted .50

07.09.13 Travel to/from Albq; met at REDW with CB Rogers and B Bleakman on statistician sheets [depart 9:00 am /return 9:30 pm]

12.50

07.11.13 Telecon with J Todd and CB Rogers; follow up email sand telecon with D MacMeekin

1.60

07.12.13 Conf call with team re sampling issues 2.25 07.17.13 Worked with D MacMeekin and K Chavez (REDW) on corrections for

tribes or entities with multiple names in lists for latest charts on CSC payments vs. program payments; telecom with M Larsen; telecons with CB Rogers and D MacMeekin

2.20

07.18.13 Telecon with CB Rogers and K Chavez re spreadsheets on CSC; telecom with D MacMeekin re same

.60

07.22.13 Telecons with CB Rogers and D MacMeekin re progress of spreadsheets .40 07.29.13 Telephone calls from D MacMeekin and to CB Rogers and B Bleakman re

minor discrepancies in list proferred by K Chavez; later calls t/f CB Rogers, D MacMeekin, B Bleaman, K Chavez

1.40

07.30.13 Worked with D MacMeekin and B Bleakman on spreadsheet corrections; telecons to all, D MacMeekin, B Bleakman, CB Rogers

1.30

08.03.13 Prepared next status report and emailed to J Todd, et al for review 1.33 08.04.13 Redraft of status report per CB Rogers’ suggestions; sent to J Mead, USDOJ .70 08.19.13 Draft email to J Luekens in Sen. Udall’s office re 2014 appropriations;

review of prior emails to other attorneys to let lay of land and update on issue

1.20

08.23.13 Conference with CB Rogers re CSC Work Group meeting earlier in week and effect on class settlement, etc

1.25


36

08.30.13 Letter to Senator Udall re 2014 appropriations and telephone calls to Senator’s office in Santa Fe and to D MacMeekin

1.50

09.03.13 Telecon on M Larsen plan preceded by individuals calls with CB Rogers, B Bleakman, D MacMeekin

1.25

09.03.13 Telecon with J Lueken of Senator Udall’s office re 2014 appropriations .50 09.03.13 Telecon with CB Rogers and D MacMeekin after reviewing M Larsen’s

revised sampling plan .80

09.04.13 Continued review and edit of revised sampling plan in collaboration with CB Rogers, Y Lu and D MacMeekin

.75

09.06.13 Sent letter to Congress and M Her Many Horses re 2014 appropriations .75 09.09.13 Preparation for negotiations, telephone calls and analysis 1.40 09.10.13 Travel to Washington DC 7.00 09.10.13 Dinner meeting with Oglala Sioux Tribal leaders 3.00 09.11.13 Settlement negotiations 8:30 am – 5:00 pm 8.50 09.12.13 Return travel from Washington DC 5.00 09.12.13 Met with J Luekens of Senator Udall’s office re mini-caps in 2014

appropriations .60

09.25.13 Telecons with M Her Many Horses, LB Miller and M Larsen re status of negotiations

1.20

09.26.13 Telecons with M Her Many Horses and D MacMeekin re status of negotiations and methodologies for sampling and their determining damages

.66

09.26.13 Telecons with CB Rogers, D MacMeekin and lunch meeting with JE Gallegos re trial vs settlement issues

2.50

09.27.13 Legal research on class action decertification; sent email to team re next conf call

2.25

09.30.13 Telecons and emails re J Todd’s announcement of government shutdown matters and internal response to it

2.50

10.04.13 Travel to Grants NM for meeting with RNC President Harry Yazzie re status of negotiations etc [depart 10:30 am /return 4:30 pm]

6.00

10.07.13 Telecons with J Dossett, M Her Many Horses, OST President Brewer, M Big Crow, Angie Sam and D MacMeekin re OMB meeting scheduled for Tuesday

2.50

10.07.13 Continued telephone calls and emails re OMB meeting with select tribes 3.80 10.08.13 OMD Meeting preparation with Oglala Sioux Tribe President and officials re

2014 Appropriations Mini-Caps on contract support costs [depart 8:00 am /arrive hotel 6:00 pm – 8 hours travel; met with D MacMeekin to discuss issues

9.00

10.09.13 Met all day with OST leaders, Jennifer Hughes (HSDW) and D MacMeekin to prepare for OMB meeting; received word that OMB meeting rescheduled due to govt shutdown; continued discussions on CSC issues and plans re HIS claims

5.00

10.09.13 Return travel [depart for airport 2:15 pm / arrive Santa Fe 9:30 pm] 8.75 10.14.13 Travel to Tulsa for NCAI Conference to present on status of negotiations,

2014/2015 appropriations request and mini-caps issue [depart 8:30 am /arrive 5:00 pm]

7.50

10.15.13 Attended NCAI Conference and presented on status of negotiations, 6.50


37

appropriations and mini-cap issue 10.16.13 Return travel from Tulsa [depart 8:30 am /arrive Santa Fe 3:00 pm] 7.50 10.17.13 Telecon with M Larsen, Y Lu, CB Rogers and D MacMeekin re latest draft

of sampling plan 1.10

10.18.13 Made arrangements for call-in telecom; review and edit of sampling plan revision by M Larsen

.65

10.18.13 Telecon with M Larsen, Y Lu, L Carpeneti, CB Rogers and D MacMeekin re sampling plan

1.15

10.19.13 Telecons and emails with CB Rogers re LB Miller’s press 3.60 10.20.13 Drafted memo to White House re status/speed of negotiations 2.50 10.21.13 Telecons with D MacMeekin, CB Rogers; conf call with M Larsen, et al;

continued draft work on White House paper 4.30

10.22.13 Emails and conf calls re next steps and team participants 5.65 10.23.13 Conf calls with CB Rogers, D MacMeekin, B Bleakman re negotiations

strategies 2.00

10.23.13 Continued work on White House paper 2.40 10.24.13 Developed strategy for and for Hite House conferences with Tribal Leader;

emails, phone calls and drafting 7.00

10.25.13 Revision and revision of letter for tribes to sent to White House; emails to M Her Many Horses, S Osbourne, G Strommer

1.00

10.25.13 Telecons with D MacMeekin re next items in settlement; protocol for reaching agreement

1.00

10.25.13 Telecon with J Donham and S Boos re White Horse conference and Navajo accessibility etc

.75

10.25.13 Telecon with S Book re Tribal Leader conference Nov 5th, meeting with Tribe, etc; follow up call with team

1.95

10.26.13 Telecon with LB Miller re negotiation strategy, political picture and next steps in DC

1.00

10.27.13 Worked on statement for delivery at next negotiation session 2.00 10.28.13 Telecon with CB Rogers re Nov 12th negotiations; read emails from D

MacMeekin and B Bleakman; reviewed position paper 1.30

10.29.13 Conf call on White House Tribal Leaders Conference sponsored by NCAI 2.33 11.01.13 Met with CB Rogers re Navajo and M Mills email; telecom with D Simon;

email to J Todd to confirm date for next negotiation and get approval of Joint Status Report

1.33

11.01.13 Telephone calls and email re Navajo meeting next week and attendance by absent class member at negotiations

1.10

11.04.13 Telecon with M Her Many Horses .10 11.05.13 Emails to/from J Hughes and M Her Many Horses re 2014 budget .50 11.05.13 Meeting in Albq with representatives of Navajo Nation to report on

settlement negotiations and request for cooperation with data collection [depart 10 am /return 3:20 pm]

5.33

11.11.13 Travel to Washington DC (from Philadelphia); meeting at Sonosky firm offices to prepare for negotiations

7.00

11.12.13 Settlement negotiations 8.50


38

11.13.13 Prepared questions and conferred by phone with D MacMeekin for Senator Tom Udall to present at hearing before Senate Indian Affairs Committee; return travel to Santa Fe [depart 3:30 pm EST /arrive 12:00 a.m. MST]

10.25

11.14.13 Listened to Indian Affairs Committee Hearing on CSC and sequestration [12:30 pm – 3:30 pm]; telecom with D MacMeekin re same

3.00

11.15.13 Emails and telephone calls – CB Rogers, LB Miller, D Simon – re sampling plan etc

.60

11.19.13 Met with Ramah Navajo Chapter officials in Albq – S Whitetail Eagle, N Martine-Alonzo, M Garcia, P Wayne – to discuss settlement talks and related internal matters [depart 3:45 pm / return 10:30 pm]

5.75

11.23.13 Worked on sampling letter 3.00 11.24.13 Research on jurisdictional issues 5.50 11.26.13 Conf call with J Todd et al on sampling plan; worked on letter to sample

entities with D MacMeekin 2.60

11.26.13 Telecon with S Boos, report on last negotiations and today’s conf call .40 11.29.13 Met with Z Treisman to discuss status of sampling plan and statistical

analysis; telecon with CB Rogers 3.00

11.30.13 Legal research on class decertification 3.00 12.01.13 Email questions to CB Rogers and D MacMeekin .70 12.02.13 Conf call re sampling plan; preparation, follow up, emails and calls to team 1.40 12.02.13 Nondisclosure – OSG letter on annual singular reports – for DOI; same letter

to samples; review of LB Miller draft .50

12.03.13 Worked to finalize sampling plan and attachments 2.40 12.03.13 Continued work on sampling letter and compilation of proper sampling plan

documents 2.10

12.04.13 Research on class decertification; revisions to sample letter draft; telephone calls and emails to/from CB Rogers and D MacMeekin

3.80

12.05.13 Telecon with lawyers on sampling letter and 38 sample entities – who and how to contact

2.00

12.06.13 Preparations for conf call with J Todd et al; telephone calls to/from D MacMeekin and CB Rogers; conf call with J Todd et al; follow up call to D MacMeekin; review/respond to emails on same

1.75

12.06.13 Further emails and calls to/from CB Rogers and D MacMeekin re procedures for collecting samples, letter to sample tribes and schedule for next week

.75

12.07.13 Emails to B Bleakman, J Donham and B DeVeau re how to approach their clients on sampling list

1.00

12.07.13 Telecon with J Donham re sample tribes 1.00 12.08.13 Westlaw research on decertification .70 12.09.13 Telephone calls and emails re sample entities letter – when to send, working,

etc .80

12.09.13 Made arrangements for conf call with B DeVeau and D MacMeekin .25 12.09.13 Legal research on class action jurisdiction and appeals .60 12.10.13 Telecons with CB Rogers, D MacMeekin, B DeVeau, Brandon Valentine re

Moss Adams contacts with sample entities 2.75


39

12.11.13 Worked on sampling tribes – emails with S Hadley, J Todd et al; telecons with D MacMeekin, CB Rogers, LB Miller, M Her Many Horse, M Kerkmans

4.60

12.12.13 Sampling – emails and telephone calls re tomorrow’s conf call with S Hadley et al; contacts with Quinault, Navajo and Coos Bay

3.25

12.13.13 Series on conf calls with team and then with gov’t to make changes to sampling letter; final approval reached with email confirmation to follow

4.00

12.13.13 Coos Lower Umqua – email from K Jones; response and telecom with D MacMeekin; other emails on re same

.65

12.16.13 Worked on sample letter format and preparation with D MacMeekin 1.00 12.17.13 Sampling – calls and emails; lunch meeting with CB Rogers; calls to/from B

Bleakman, various tribes, D MacMeekin, CB Rogers; emails to/from Y Lu and S Osbourne

6.70

12.18.13 Telephone calls to sample tribes; finalizing letters to tribes; emails to tribal reps, etc

5.50

12.198.13 Complete calls and related tasks to send out sample letter to all entities 3.70 12.19.13 Conf call with team and gov’t .60 12.20.13 Conf call with CB Rogers, LB Miller and D Simon re methodology .75 12.22.13 Review of Altures decision re RNC Class Action 1.00 12.24.13 Met with B Bleakman, CB Rogers and D Simon (by phone) re Phase II –

sampling agreement with REDW; follow up revisions to REDW proposed contract

3.50

12.26.13 Various emails and phone calls re article in Washington Post and follow up with J Smith, D MacMeekin, CB Roger

2.50

12.30.13 Preparations to meet with Quinault and work on sampling issues 1.00 12.31.13 Preparations to meet with Quinault and work on sampling issues 1.50 01.06.14 Traveled to Quinault and spoke with Quinault Council and officials re

settlement, sampling and future of ISDA [travel time 14 hours by air + 7 hours by car /meeting time 5 hours]

26.00

01.08.14 Worked on finalizing dates for next meeting with B Bleakman and CB Rogers on sampling contract with REDW; various emails to/from J Todd

1.20

01.08.14 Read back emails from CB Rogers et al re Class methodology; telecon with D MacMeekin

2.40

01.08.14 Studied CB Rogers' memos re various methodologies .80 01.08.14 Email to J Smith and B Kilberg re press/WH assistance 1.10 01.08.14 Klamouth mailings - packet sent to B Bleakman and email thank you to Mr.

Hatcher, CFO .33

01.09.14 Legal research; read CB Rogers' memo; conferred with D MacMeekin on settlement strategy; research on class action jurisdiction

3.00

01.09.14 Telecon with Paiute Tribe's staff attorney re sampling letter .90 01.10.14 Legal research on jurisdiction and decertification 2.50 01.10.14 Legal research on jurisdictional requirement for filing a contract dispute not

jurisdictional and can be equitably tallied. Menominee 614 F3d 519 .65

01.11.14 Composed email to S Ratner 1.50 01.13.14 Travel to/from Albq; meeting with REDW and CB Rogers to discuss 8.00


40

sampling procedures [depart 7:45 am / return 3:45 pm] 01.13.14 Worked on email to D Preston 1.30 01.14.14 Telecon with D MacMeekin re appropriations committee and 2014 CSC .35 01.14.14 Discussions regarding Congress' markup of 2014 appropriations bill with D

MacMeekin and Quinault Tribe; op-ed for Washington Post 3.00

01.15.14 Emails to D MacMeekin and draft email to J Smith 1.50 01.15.14 Telecon with LB Miller re political aspects of case and strategy 2.00 01.16.14 Conf call with LB Miller re strategy and politics of case 1.20 01.17.14 Worked on paper explaining CSC formula for use as op-ed or as presentation

to K Washburn and Roubideaux 6.50

01.21.14 Worked on draft statement on Congressional Committee's request for future plan

1.50

01.21.14 Worked on paper on formula, delays in settlement and Congress' 120 day requirement for a proposal for the future

4.50

01.22.14 Worked on position paper on state of negotiations and formula idea 5.50 01.23.14 Travel to Albq to take D MacMeekin to airport and conferred with him re

position paper; telecons with M Her Many Horses and CB Rogers 2.40

01.23.14 Conferred with CB Rogers and B Bleakman re methodology 2.00 01.24.14 Worked on draft paper on responding to the Committee (approps) 120 day

request for fix by agencies 1.75

01.24.14 Telecon with CB Rogers and B Bleakman re methodology .40 01.24.14 J Smith email - response to him on Congressional Committees

appropriations request .90

01.26.14 Worked on formula position paper and email to J Smith 7.50 01.27.14 Worked on paper on formula for CSC 8.60 01.28.14 Worked on paper on formula for CSC; telecons and editing with D

MacMeekin; sent to attorneys and co-Class counsel for review 5.45

01.29.14 Telecon with K Cronk and D MacMeekin re how to use Class web page; conf call and office consultation/meeting with CB Rogers, phone calls and emails to/from M Her Many Horses and Quinault re formula

9.00

01.30.14 Went over formula plan in telecon with CB Rogers; worked on spreadsheet with CB Rogers via phone

2.60

01.30.14 Prepared and sent second letter to 12 sample tribes .40 01.31.14 Preparation for WH Conference call; conf call with team at CB Rogers'

office; WH Conference call on CSC: telecon with M Her Many Horses and M Big Crow; emails to S Whitetail Eagle; telecon with D MacMeekin

2.50

01.31.14 Finalized and filed status report .50 02.01.14 Emails re sampling and formula/WH Conference to S Boos and R Allen .60 02.02.14 Worked on outline for WH Conference call tomorrow .25 02.03.14 Telecon with D MacMeekin re WH Conference call and what can be done .80 02.03.14 Preparation for WH Conference call; conf call with WH - K Washburn

(BIA) and Dr. Roubedeaux (IHS); de-briefing with D MacMeekin and CB Rogers; call from K Washburn

5.50

02.04.14 Telecon with Rhonda Butcher, Chair of the CSC Work Group for BIA, re the proposal and yesterday's WH Conference call

.65


41

02.04.14 Telecon with M Her Many Horses re next steps and next settlement conference

.30

02.04.14 Telecons and emails re Relativity Sharing Documents program and instruction; telecon with J Todd and D MacMeekin on condition of settlement and sharing documents; email exchange with Great Plains

4.60

02.05.14 Telephone calls re Relativity transcript and emails .35 02.05.14 Record search for FY 2007 etc contract disputes for RNC and OST; telecon

with J Donham and D MacMeekin re same 1.40

02.06.14 Travel to Sioux Falls, SD en route to GTTCA meeting [depart 10:00 am MST/arrive 7:00 CST pm]

8.00

02.07.14 Attended GTTCA meeting at Sioux Falls, DC to enlist aid in settlement and formula/parity plan [8:30 am - 3:00 pm]

6.50

02.07.14 Return travel from SD to Santa Fe [depart 4:30 pm CST /arrive 1:00 am MST]

9.50

02.10.14 Worked on sampling tribes - letter, phone calls, telecons with R Allen, CB Rogers

2.50

02.10.14 Telephone calls to my 12 tribes re document production 2.70 02.12.14 Research of P Baker-Shenk's query re Red Lake's status as a class member;

office conf with CB Rogers; telecon with LB Miller 4.25

02.13.14 Continued review of Red Lake documents re class status; met with CB Rogers; email to P Baker-Shenk

2.50

02.14.14 Telephone call and emails - R Allen, CB Rogers, LB Miller, J Roberts, M Her Many Horses, S Boos, etc re developments in DC - BIA settlement, 2014 appropriations and long term fix, etc

3.75

02.14.14 Drafted letter for Senator Tom Udall to President Obama; sent to CB Rogers, LB miller for review and comment; emails to team on class settlement, etc

1.30

02.17.14 Telecon with M Kerkmans; worked on letter for Senator Udall to send to AG holder with other senators; attended luncheon for Senator Udall's re-election

4.00

02.17.14 Worked on answers to Rhonda Butcher's questions re formula 2.20 02.17.14 Worked on emails on formula/parity with K Aiken and others/R Butcher;

conf call with team on draft samples of four tribes for next weeks meeting in DC

4.25

02.19.14 Conf call with Gov't and our team; pre-call preparation with CB Rogers and D MacMeekin

.60

02.19.14 Emails and phone calls re need vs. payment issues and protocol of answering gov't questions on material issues

2.25

02.20.14 Telecons with CB Rogers and D MacMeekin re tomorrow's meeting with REDW; began drafting Indian Country Today article on parity/formula; telecon with R Butcher

3.33

02.21.14 Worked on redraft of parity proposal (CSC): travel to/from Albq with CB Rogers for conference on sampling methodology in preparation for next weeks negotiations [depart 10:00 am / return 3:45 pm]

6.15

02.21.14 Reviewed emails re next weeks meetings; telecon with D MacMeekin re same

.50

02.22.14 Continued work on formula - parity .50


42

02.22.14 Travel to/from Albq; meeting with REDW - revised latest analysis of four sample tribe in preparation for trip to DC next day [depart 12 noon / return 6 pm]

6.00

02.23.14 Travel to Washington DC for meetings and settlement negotiations [depart 8:40 am MST / arrive DC hotel 6:30 pm EST]

8.00

02.24.14 Attended IHS Contract Support Work Group meetings 8.00 02.25.14 Attended IHS Contract Support Work Group meetings 8.00 02.26.14 Attended BIA Contract Support Work Group meetings 6.00 02.26.14 Attended team prep meeting at Sonosky offices 4.00 02.27.14 Attended BIA Contract Support Work Group meetings 3.50 02.27.14 Attended negotiation session at Cotton & Company offices 4.50 02.27.14 De-brief meeting following negotiations 1.40 02.28.14 Worked on statement for NCAI to support Parity Principle for CSC 5.90 03.01.14 Return travel to NM [depart 11:00 am EST / arrive 6:30 pm MST] 9.50 03.02.14 Worked on drafts for NCAI letter and resolution .65 03.03.14 Worked on position paper and resolution for NCAI; drafted resolution and

cover letter 3.70

03.03.14 Conf call with team re next steps in doing ten samples by April meeting; telecons with D MacMeekin, CB Rogers prior to and after conf call

.75

03.05.14 Telecon with M Big Crow re NCAI convention next week and consultation with IHS and BIA at same time

.33

03.06.14 Telephone calls re letter to Begich and Udall with CB Rogers, G Strommer, LB Miller et al

1.50

03.06.14 Further discussions on strategy re Begich letter issue with J Luekens (Udall), D MacMeekin, LB Miller; emails re same

2.00

03.07.14 Further telephone conferences re Begich letter with D MacMeekin, G Strommer, J Strau, J Luekens

2.90

03.07.14 Further telephone conferences re Begich letter to/from J Dumerent and M Herman, Senator Heinrich's aide with D MacMeekin on line

.75

03.09.14 Wrote testimony/statement for IHS/BIA consultation on CSC (Washington DC - March 11, 2014)

7.50

03.10.14 Travel to Washington DC to present/attend Parity formula at NCAI IHS CSC meeting

8.00

03.11.14 Present/attend Parity formula at NCAI IHS CSC meeting 8.00 03.12.14 Return travel from Washington DC 8.00 03.13.14 Emails regarding next negotiation session and setting up review meeting at

REDW for tomorrow .60

03.14.14 Travel to/from Albq for meeting with REDW [depart 9:30 am / return 2:30 pm]

6.00

03.14.14 Telephone calls and emails re 'Relativity' website and schedule for next negotiation

1.33

03.19.14 Telephone call from M Garcia asking for help in writing testimony for Congress for trip to DC in 2 weeks

.33

03.19.14 Telecons with B Bleakman, J Donham, M Kerkmans re status of sampling 1.50 03.19.14 Travel to Las Vegas to attend/present at CSC Conference sponsored by 5.00


43

Falmouth 03.20.14 Attend/present at CSC Conference sponsored by Falmouth; return travel 13.25 03.21.14 Began draft of testimony for Nancy Martine-Alonzo to Congress .95 03.22.14 Continued drafting of presentation for Nancy Martine-Alonzo to Congress

on CSC 2.50

03.23.14 Continued drafting of presentation for Nancy Martine-Alonzo to Congress on CSC

1.50


2.25


4.00


1.60

03.27.14 Telecon with M Garcia; draft testimony to Congress; telecon with D MacMeekin re same

.60

03.27.14 Travel to/from Albq; meeting at REDW on sampling with accounting team [depart 8:30 am / return 1:40 pm]

5.20

03.28.14 Continued drafting of presentation for Nancy Martine-Alonzo to Congress on CSC with M Garcia

2.50

04.02.14 Yan Lu contract extension - emails to CB Rogers and LB Miller; telecons with Y Lu and CB Rogers

.50

04.04.14 Travel to/from Albq; spent all day at RED working on next samples [depart 9:20 am / return 5:00 pm]

7.60

04.05.14 Worked on article for Indian Country Today and/or other publications with CSC issues

4.50

04.06.14 Telecon with CB Rogers; scheduling flights .40 04.17.14 Preparations for next negotiation 4.50 04.18.14 Preparations for next negotiations 4.50 04.08.14 Travel to Washington DC [depart 2:00 pm MST/ arrive 9:30 pm EST] 5.50 04.08.14 Evening prep meeting with team 4.00 04.09.14 Settlement negotiations at Cotton & Company 9.00 04.10.14 Settlement negotiations at Cotton & Company 9.00 04.10.14 Return travel from Washington DC [depart 4:30 pm EST / arrive 11:50 pm

MST] 5.60

04.12.14 Continued work on article for Indian Country Today re CSC 2.50 04.13.14 Continued work on article for Indian Country Today re CSC 3.00 04.14.14 Continued work on article for Indian Country Today re CSC 3.25 04.15.14 Continued work on article for Indian Country Today re CSC 3.00 04.016.14 Continued work on article for Indian Country Today re CSC 3.20 04.22.14 Met with M Garcia of RNC and President Brewer, J Yellowbird Steele and

M Her Many Horses from OST re consultation on process for future of CSC 3.00

04.22.14 Read testimony by RNC to Congress on CSC .33 04.24.14 Worked to organize efforts for CSC reforms 1.50 04.24.14 Travel to/from Albq; weekly review meeting at REDW [depart 8:00 am /

return 12:30 pm] 4.50


44

05.02.14 Worked on consultation issues for next weeks meeting; calls and emails to/from J Hughes, M Van Norman, G Kingman, S Osbourne, OST, various CSC workgroup members, etc; Class action conf call with team

7.20

05.03.14 Worked on letters to sample tribes with B Wooldridge .75 05.06.14 Telecon with L Hall, attorney for Southern Ute Tribe, re sampling letter

request for documents .33

05.07.14 Legal research on class certification 1.50 05.08.14 Telecon with M Her Many Horses; legal research on class decertification .50 05.08.14 Legal research on jurisdictional issues for maintenance of class actions 2.00 05.09.14 Travel to/from Albq for weekly status review of sampling at REDW [depart

9:00 am / return 1:00 pm] 4.00

05.09.14 Conferred with K Aiken, Quinault, re PSA III rates and current issues on CSC

1.00

05.10.14 Receipt, review and distribution of parity article published in Indian Country Today

.33

05.12.14 Telecons with B Bleakman, D MacMeekin, team, then gov't; follow up emails; drafting of revision re status conf on May 19th; telecons with CB Rogers, J Donham

4.00

05.13.14 Telecon with CB Rogers re problems with Shortfall calculations .33 05.14.14 Numerous telecons with K Cronk, B Bleakman, CB Rogers, LB Miller re

upcoming status conf and prep meeting 3.75

05.15.14 Emails to Y Lu re sampling analysis; conf call at noon re status report to court

.50

05.19.14 Travel to/from Albq; negotiations with DOJ/BIA; status conf before Magistrate Molzen; debriefing

11.00

05.20.14 Travel to/from Albq; continued negotiations with DOJ/BIA followed by dinner/semi-business with Y Lu, CB Rogers and families

10.50

05.21.14 Travel to/from Albq; continued negotiations with DOJ/BIA and in-house conference with team

6.50

05.21.14 Worked with B Wooldridge on revisions to alternate sampling letters .75 05.29.14 Review, response to emails and telephone calls re sampling; left voice

message for Mike Berg at Sinte Gleska; telecon with ZT Disselhorst at UTTC; calls to and messages left for Chehalis and Paiute Tribe of Utah

2.75

06.02.14 Telecons with CB Rogers re new sample and procedure for selecting new sample years under M Larsen protocol

.40

06.02.14 Email on treatment of DCSC for 1994; telecon with CB Rogers and D MacMeekin

.40

06.03.14 Worked with Z Treisman in deciphering and analyzing M Larsen's and Y Lu's assessments; telecon with CB Rogers

3.00

06.05.14 Analysis of Navajo 2005 by J Donham; telephone calls and consultation with CB Rogers

.60

06.06.14 Drafted email to J Smith re President's visit to Standing Rock; call to M Her Many Horses

1.00

06.07.14 Emails and talking points to J Smith and copies to M Big Crown and A Gay Kingman

3.50

06.09.14 Conf call on sampling, first with gov't and class, next with just class reps 2.50


45

06.11.14 Talked to G Strommer and S Osbourne re Anchorage consultation June 8th on future of CSC

.80

06.14.14 Worked on next Indian Country Today article 4.50 06.15.14 Worked on next Indian Country Today article 3.50 06.16.14 Drafted talking points for GPTCA; telecons with M Van Norman and M Her

Many Horses 3.00

06.18.14 Telecons with M Larsen, CB Rogers, K Cronk re new samples; call from UTTC in response to our request for documents; met with CB Rogers to review progress on new samples

1.33

06.20.14 Worked on next round of sample letters with CB Rogers and B Wooldridge .50 06.20.14 Conf call with legal team re meeting, sampling, etc .75 06.20.14 Conf call with J Todd and our team .60 06.25.14 Telecons with K Cronk and revisions of emails to/from CB Rogers, D

MacMeekin, D Simon, LB Miller re statistical sampling progress 1.25

06.27.14 Travel to/from Albq; presentation at Kiva Institute 4.00 06.27.14 Email reviews and telecons with CB Rogers and LB miller re M Larsen's

estimate of damages 3.20

07.01.14 Telecons and emails to/from legal team; analysis of sampling etc 4.50 07.02.14 Preparation for conf call with team including telecons with D MacMeekin

and B Bleakman 2.50

07.02.14 Conf call and follow up 3.50 07.02.14 Drafted letter to respond to S Boos (Navajo Nation) on status of negotiations .50 07.03.14 Telecons with CB Rogers, D MacMeekin; email re Navajo Nation response

to S Boos; emails to/from LB Miller, CB Rogers, D MacMeekin .80

07.07.14 Telephone calls and emails re MBCI problems and logistics of meeting and setting up conf call with J Todd tomorrow

1.75

07.07.14 Emails re K Cronk's question concerning DCSC ratio .40 07.08.14 Telecons with D MacMeekin and M Kerkmans re DCSC ratio .60 07.08.14 Telecon with J Donham re DCSC ratio .33 07.08.14 Telecon with CB Rogers re dates of next negotiations .33 07.08.14 Call to J Todd - no answer - left message re dates for next negotiation after

calling M Larsen to confirm availability for Sept 3-5 .30

07.09.14 Emails and telephone calls re scheduling 1.00 07.09.14 Calls to J Todd and M Larsen re date change for next negotiation .50 07.09.14 Telecon with M Larsen re payment rates in 2010 and 2011 .40 07.10.14 Telecon with D MacMeekin .25 07.11.14 Receipt and review of email concerning Don Young bill to cut attorneys fees

in ISDA; telephone calls and emails to D MacMeekin and D Simon .33

07.13.14 Call to D MacMeekin re Don Young bill and next joint status report due date, M Larsen and 'incurred methodology'

.60

07.14.14 Review of emails re Don Young bill .75 07.14.14 Telecon with M Kerkmans re logistics of next negotiations in Alexandria .25 07.14.14 Conf call on Young bill 1.55 07.15.14 Telecon with D MacMeekin re M Larsen's findings on damages using govt's

class comparisons .33


46

07.15.14 Telecons with B Bleakman and M Kerkmans re M Larsen's comparison to gov't approach; calls to/from B Bleakman and D MacMeekin re same

2.15

07.15.14 Conf calls with B Bleakman and Z Treisman re B Bleakman's chart based on MPG idea of folding together original macro 'shortfall' charts submitted to Congress by govt and the sampling results on the Ramah DCSC claims

1.20

07.16.14 Telecons with D MacMeekin re sampling .40 07.17.14 Telecons with D MacMeekin re sampling .75 07.17.14 Telecon with legal team and B Bleakman re sampling results 1.00 07.18.14 Call to J Todd; conf call with B Bleakman and D MacMeekin re hybrid plan

refinements, analysis and presentation to our side and then govt 1.50

07.19.14 Worked on explanation for hybrid presentation 1.00 07.21.14 Telecons with B Bleakman and D MacMeekin; continued work on hybrid

statement 2.10

07.22.14 Continued work on hybrid sampling analysis and commentary; email to CB Rogers

1.55

07.22.14 Reviewed B Bleakman's new hybrid chart and Z Treisman's requested edits .33 07.22.14 Legal research on class decertification .50 07.23.14 Telecons with CB Rogers and D MacMeekin re hybrid presentation 1.40 07.23.14 Research of files and review of summary judgment filings re hybrid

sampling exercise; telecons with D MacMeekin; email to LB Miller et al 2.50

07.23.14 Telephone calls and emails re new hybrid approach; telephone calls and emails re scheduling next session and next status conference

2.00

07.23.14 Telecon with D MacMeekin re conf call scheduled for this morning; preparation for conf call on next steps and posture; conf call with team and B Bleakman

2.10

07.24.14 Telecon with D MacMeekin re hybrid estimation 1.50 07.24.14 Telecons with D MacMeekin and B Bleakman re hybrid analysis and

negotiation strategy 1.75

07.25.14 Travel to/from Albq; meeting with B Bleakman to review hybrid plan; telecons with D MacMeekin

4.75

07.27.14 Read B Bleakman's email on hybrid plan .10 07.28.14 Telecons with B Bleakman on hybrid plan; conf call with M Larsens on

same with D MacMeekin and B Bleakman .80

07.28.14 Telephone calls and emails re Judge Molzen's call on scheduling an in-person status conference in September

2.20

04.029.14 Telecon with CB Rogers re negotiation progress, statistical sampling issues, BIE school reform

.50

07.29.14 Email on next in-house status conf to Judge Molzen; discussion with CB Rogers; message left for Judge's assistant

.10

07.29.14 Continued scheduling of in-person status conference - calls and emails to Chambers and LB Miller on dates

.33

07.30.14 Telephone calls and emails re dates for in-house status conf to/from Judge Molzen's chambers, J Todd and D MacMeekin

.30

07.30.14 Telecon with B Bleakman and D MacMeekin re hybrid sampling plan and Larsen's draft results chart

1.80


47

08.04.14 Telecon with B Bleakman re hybrid sampling; emails re conference call 1.45 08.04.14 Conf call with M Larsen, B Bleakman, Z Treisman re hybrid plan 1.10 08.05.14 Deciphering CB Rogers' email on Mississippi Choctaw sampling issue;

telecon with D MacMeekin 1.25

08.05.14 Worked with Z Treisman and D MacMeekin on hybrid plan 1.75 08.06.14 Meeting with CB Rogers and Z Treisman re Mississippi Choctaw issue .50 08.06.14 Worked with Z Treisman on hybrid plan 2.50 08.06.14 Emails back and forth with A. Gay Kingman on CSC fixes and approaches

to Congress 1.75

08.06.14 Telecon with CB Rogers re Mississippi Choctaw issue and conf call tomorrow; telecon with B Bleakman re same and discussion with Z Treisman on hybrid plan

.60

08.07.14 Telecon with B Bleakman; discussions with CB Rogers and C MacMeekin re Mississippi Choctaw issue

2.25

08.07.14 Conf call with team re status of negotiations, MBCI, hybrid plan, Erickson's email

2.75

08.07.14 Conf with Z Treisman re sampling status .50 08.08.14 Telephone calls and emails (CB Rogers) and beginning review of Erickson's

Aug 7th email on sampling procedural errors 1.60

08.08.14 Emails and phone calls with CB Rogers re M Larsen's analysis and Erickson's memo on statistical problems

.50

08.09.14 Worked on article for Indian Country Today re BIE .50 08.10.14 Telecon with CB Rogers on MBCI issue and its resolution .33 08.11.14 Telecon with CB Rogers re strategy for negotiations; follow up emails re

logistics .45

08.11.14 Team conf call on updated pilot samples 1.50 08.11.14 Office conf with CB Rogers re sampling 1.20 08.11.14 Debriefing with D MacMeekin following conf call .33 08.11.14 Telecon with SB Rogers re email to J Todd .33 08.12.14 Travel to DC for settlement negotiations; team meeting at Sonosky offices 13.00 08.13.14 Settlement negotiations all day and evening discussions with several Class

members 10.50

08.14.14 Settlement negotiations 9 am - 1 pm 4.00 08.14.14 Return travel from DC to Santa Fe 9.00 08.15.14 Follow up telecons with CB Rogers, LB Miller, D MacMeekin, B Bleakman,

M Kerkmans re hybrid plan, DCSC, logistics of sending new sampling letters to 70+ tribes, analysis of last 2 days negotiations, etc.

4.00

08.15.14 Sorting and responding to various emails to/from team 1.00 08.15.14 Telecons re next BIA/IHS consultation in Rapid City SD on Aug 19; telecon

with M Her Many Horses & I Provost; read J Hughes' email and attachments 1.00

08.16.14 Continued work on article for Indian Country Today 2.00 08.18.14 REDW meeting to review sampling logistics with B Bleakman and K Cronk 2.00 08.18.14 Travel to Rapid City SD for 'consultation' session with BIA on Future of

CSC 9.00

08.19.14 Consultation session and prep meeting with CPTCA at Rapid City 8.00


48

08.20.14 Return travel from Rapid City to Santa Fe 6.00 08.20.14 Follow-up on Rapid City consultation; call to M Her Many Horses; call to D

MacMeekin .80

08.21.14 Various telecons re post walk-out at consultation 2.75 08.21.14 Worked on revisions to draft letter to new sampling tribes .65 08.22.14 Travel to/from Albq; meet and confer with K Cronk at REDW re finishing

up letters to sent to new round of sampling 4.75

08.22.14 Spoke to K Washburn re the fiasco at Rapid City when 'consultation' meeting ended abruptly with mass tribal walkout

1.25

08.22.14 Continued work on Indian Country Today article 1.00 08.24.14 Continued work on Indian Country Today article 2.00 08.24.14 Email to K Washburn re future of CSC 2.00 08.25.14 Met with Oglala Sioux Tribe representatives to discuss progress of

negotiations and recent Rapid City walkout 3.00

08.25.14 Revised letter to K Washburn on Rapid City fiasco and future of CSC 2.50 08.25.14 Telecon with P Zah on future of CSC .33 08.25.14 Continued work on Indian Country Today article 2.50 08.27.14 Continued work on Indian Country Today article 3.00 08.28.14 Reviewed LC's notes on August 13-14th negotiations 1.00 08.29.14 Telecon with K Washburn re Rapid City fiasco, BIE issues and class

settlement 1.00

09.02.14 Supervising, assembling, editing and mailing settlement offer to US Gov't 5.00 09.02.14 Debriefing with CB Rogers 1.00 09.03.14 Telecon with A. Gay Kingman, GPTCA, re K Washburn's call to me and

follow up on BIE issues .75

09.04.14 Travel to Washington DC 8.00 09.05.14 Telecons and emails; attend negotiations with DOJ at Cotton & Company;

return travel from DC to Santa Fe 16.00

09.08.14 Review of LB Miller's email on IHS funding for 2015 .75 09.10.14 Preparation for conf call with M Larsen; conf call on sampling issues 4.00 09.11.14 Various emails on sampling and op-ed by Jon Cohen, et al 1.00 09.12.14 Status report amendments; telecon with Z Treisman and email to CB Rogers

and LB Miller .85

09.12.14 Emails to John Cohen re op-ed 1.25 09.12.14 Final emails on status report and its filing; telecons with D MacMeekin and

LB Miller .40

09.13.14 Prep for next negotiation and status conference at REDW; travel to/from Albq [depart 9:00 am with Z Treisman / return 6:00 pm]

9.00

09.14.14 Conf with Z Treisman re statistical sampling issues; emailed and phone D Maria and M Garcia re status conference; telecon with I Provost

3.50

09.14.14 Dinner meeting on status conf with CB Rogers and LB Miller 2.00 09.15.14 Prep for status conference; travel to Albq for status conference and client

consultations 9.50

09.16.14 Negotiations with gov't at REDW re sampling issues; in-house consultations with REDW and co-counsel; return travel to Santa Fe

6.00


49

09.16.14 Email to Court re settlement conference .10 09.16.14 Emails and phone call re conference call tomorrow and related issues 1.00 09.16.14 Telecons with P Frye, LB Miller, D MacMeekin, P Marks; emails to Judge

Molzen's chamber .50

09.16.14 More phone calls and emails - A Chvotch, J Cohn etc .75 09.17.14 Follow-up - phone calls, emails etc 2.50 09.19.14 Two conf calls and prep for both; one with J Todd and team; second with

team and M Larsen re statistical issues 2.50

09.19.14 Email exchange and phone calls with co-counsel re scheduling next settlement conference

1.00

09.19.14 Legal research on aggregate damages .75 09.20.14 Research and drafting of initial class position paper for settlement; telecon

with LB Miller 3.50

09.21.14 Worked on position paper for settlement mediator 3.40 09.22.14 Various telephone calls and emails re sampling; conf calls and settlement

to/from CB Rogers, D MacMeekin, LB Miller, B Bleakman (from hospital after hip surgery)

.50

09.23.14 Various telephone calls and emails re sampling; conf calls and settlement to/from CB Rogers, D MacMeekin, LB Miller, B Bleakman (from hospital after hip surgery)

1.50

09.24.14 Various telephone calls and emails re sampling; conf calls and settlement to/from CB Rogers, D MacMeekin, LB Miller, B Bleakman (from hospital after hip surgery)

2.00

09.25.14 Telecons with CB Rogers and D MacMeekin re upcoming conf calls; reviewing schedules sent by B Bleakman, et al

4.00

09.26.14 Telecons re upcoming conf calls to D MacMeekin and CB Rogers; conf call with gov't; conf call with team; post conf call back from B Bleakman

1.88

09.27.14 Legal research on class decertification 3.30 09.29.14 Exhaustion of class - notice of - research and phone calls 2.70 09.30.14 Telecon with CB Rogers and D Simon re negotiation schedule and posture .60 10.01.14 Call from LB Miller re settlement status .40 10.03.14 Two conf calls: one with gov't lawyers; second a in-house conf with CB

Rogers 5.00

10.05.14 Telecons to/from C B Rogers on status of analysis and settlement; emails 1.30 10.06.14 Telecon with CB Rogers on settlement issues .10 10.06.14 In-house conf call on sampling 1.60 10.07.14 Conf call with all counsel and statisticians 1.95 10.08.14 Telecon with CB Rogers re contract disputes .33 10.10.14 Emals re October 20th meeting .60 10.14.14 Emails to/from J Todd, CB Rogers, LB Miller and clients re negotiations

next week .75

10.16.14 Review/edit D Simon's amendments to D MacMeekin's first draft of a class statement to mediator

2.50

10.17.14 Travel to CB Rogers' office; conf with him prior to conf call; conf call with DOJ et al re status of settlement negotiations and plans for next week's

2.50


50

meetings 10.18.14 Travel to Washington DC for negotiations [depart 8:30 am MST/arrive 7:00

pm EST] 8.50

10.19.14 Prep session at Sonosky office [1:00 pm - 6:00 pm] 5.00 10.20.14 Settlement negotiations session with DOJ [10:00 am - 5:00 pm]; prep

session with CB Rogers and D MacMeekin 8.00

10.21.14 Settlement negotiations cont'd with DOW [9:00 am - 3:00 pm] 6.00 10.21.14 Return travel from Washington DC to Santa Fe [depart 3:00 pm EST/arrive

10:30 pm MST] 9.50

10.22.14 Telecon with M Jorgensen, expert witness for Class on intangible damages to self-gov't

.50

10.22.14 Conf call with Judge Molzen; pre-call prep and debriefing following call with CB Rogers

1.50

10.22.14 Follow-up/emails on conf calls with counsel/clients .40 10.22.14 Conf call with M Jorgensen and E Henson .25 10.23.14 Research of Appellate record for materials to send to M Jorgensen for

intangible damages issue 3.00

10.23.14 Telecons and emails to/from CB Rogers and LB Miller re intangible damages issue

.33

10.24.14 Emails and telecons re pre-judgment interest and intangible consequential damages to team, CB Rogers, D MacMeekin; research into record on first amendment to pleadings

2.50

10.25.14 Follow up to CB Rogers' email on attorney's fees; research on class decertification

1.60

10.26.14 Research on class decertification 1.00 10.27.14 Telecon with J Todd, DOJ and Cotton & Co with our team on issues in the

negotiation; follow up telecon with CB Rogers, LB Miller, D MacMeekin and D Simon

1.50

10.27.14 Email exchange with E Henson at Compass Lexicon and our team on intangible damages issue

.40

10.28.14 Telecons and emails re scheduling conf call with M Jorgensen and E Henson; D MacMeekin - contract revisions

.75

10.28.14 Emails re retaining M Jorgensen as expert on intangible damages; revised draft of contract with Compass Lexicon

1.10

10.28.14 Worked on response to E Henson's questions on points in drafted contract .70 10.28.14 Emails and telecons with/to/from CB Rogers, D MacMeekin, LB Miller, P

Frye, M Larsen 2.50

10.29.14 Telecons with D MacMeekin re intangible damages and status of negotiations

.10

10.29.14 Research on Rule 23(f); emails and telecons re Compass Lexecon agreement and assignment; review of D Simons' draft statement to the mediator; telecon with P Frye re research topics

6.30

10.29.14 Worked on edits to the Class' confidential statement to the mediator; emails concerning intangible damages and retention of Compass Lexicon (M Jorgensen) as expert)

4.00

10.29.14 Worked with D MacMeekin and CB Rogers on further edits to the statement .75


51

to the mediator 10.30.14 Telecon with D MacMeekin re status of statement to the mediator and

general status of settlement talks; telecon with CB Rogers and LB Miller and voice message to J Todd re Amd School Grants and need for tele conf

.40

10.31.14 Telecon wtih J Todd on AGS and regular status issues .33 10.31.14 Research on P Frye's cases on intangible damages in contract cases 1.33 11.03.14 Telecons and emails on today's conf calls; travel to Albq to meet with P

Frye; conf calls 1) with team, 2) with J Todd, and 3) with team; return travel to Santa Fe [depart 10:30 am/return 4:15 pm]

5.75

11.03.14 Emails to/from E Henson re special contract .33 11.04.14 Worked with D MacMeekin on concerns and amendments to draft mediation

statement; telecons and emails with CB Rogers on 1994 appropriations issues

2.10

11.05.14 Worked with D MacMeekin on edits to mediators confidential statement 1.50 11.06.14 Telecons to/from P Frye and D MacMeekin re mediators confidential

statement 1.50

11.10.14 Worked on motion to purge names of counsel no longer legally interested in case from service list; telecons preceding with Ann McDowell in Judge Molzen's chambers and Clerk's office

1.10

11.10.14 Reviewed and edited latest draft of mediators statement 3.10 11.11.14 Continued edits to mediators statement 2.75 11.11.14 Worked with CB Rogers on posture of settlement and latest Larsen statistical

observation and calibrations 1.00

11.11.14 Research special matter portion of Newberg on Class Actions; email exchange with LB Miller on draft settlement document

.75

11.12.14 Continued edits to mediators statement; telcon with D MacMeekin 3.25 11.13.14 Telecon with D MacMeekin to go over changes to draft mediators statement 1.25 11.13.14 Telecon with CB Rogers re conf call with J Todd tomorrow .10 11.13.14 Telecon with Patty Marks re OST Public Safety's need to borrow monies to

pay CSC - documentation needed for Class action negotiation .50

11.13.14 In-house conf call 2.10 11.13.14 Began review of CB Rogers' draft settlement agreement .75 11.13.14 Research and prep of contract disputes for 2004, 2014 2013 1.50 11.14.14 Worked with D MacMeekin on consequential damages issue; in-house conf

call; conf call with gov't re status of the sampling and related issues; telecons with P Frye and D MacMeekin; email to/from M Jorgensen and P Frye

6.00

11.15.14 Revisions to Sonosky's initial draft settlement agreement 2.50 11.17.14 Telecons and emails to/from CB Rogers, P Frye, M Her Many Horses, P

Wayne, Z Treisman and B Bleakman on various Class issues 3.25

11.17.14 Telecons and draft email re email exchange - LBM/JT; follow up call with J Todd

1.20

11.18.14 Telecon with J Todd re status of negotiations .75 11.19.14 Telecons with B Bleakman and Z Treisman; began drafting letter to J Todd

re contract support for 2004; researched files for any contract dispute denial sent to Ramah by FY 2004

2.80


52

11.20.14 Reviewed D Simon's draft to mediators statement; edited letter to J Todd on 2004 issues; numerous telecons to/from CB Rogers and D MacMeekin re sampling and contract disputes; telecon with P Wayne re same

5.25

11.20.14 Cont'd work on confidential statement to mediator 1.50 11.22.14 Cont'd work on confidential statement to mediator 1.00 11.23.14 Cont'd work on confidential statement to mediator 1.00 11.24.14 Emails and telecons re confidential statement to mediator; prep for in-person

mediation Dec 15-16 and separate paper on discreet issue 1.00

11.25.14 Cont'd work on letter to J Todd re contract disputes for 2004, 2012-2013 and on confidential statement to mediator

6.50

11.26.14 Worked on emails and telecons with team re sampling errors by DOJ, our sampling results, posture of negotiations and strategy; draft letter to J Todd on contract disputes for 2004, 2012-2013; email to J Todd asking for list of officials attending next negotiations

4.00

11.26.14 Further emails and telecons re various issues: date/time f next conf calls, travel arrangements and substantive issues dealing with Court analysis and our statement to mediator

3.50

11.26.14 Read and edited M Jorgensen's first draft on consequential damages 2.50 11.27.14 Conf call with CB Rogers and BL Miller re status of preparations for

negotiation; follow-up emails 4.70

11.28.14 Prep for conf call with M Jorgensen, E Henson and legal team on consequential damages paper

2.50

11.29.14 Prep for conf call with M Jorgensen, E Henson and legal team on consequential damages paper

3.25

11.30.14 Telecon with CB Rogers re status of various issues in upcoming mediation/settlement negotiations

1.60

12.01.14 Worked on edits to correct draft to mediators statement; telecons with CB Rogers and LB Miller

4.50

12.01.14 Telecons with D MacMeekin, CB Rogers and D Simon re changes, logistics, etc

2.00

12.02.14 Telecon with CB Rogers, D MacMeekin and B Bleakman re statement to mediator

3.50

12.02.14 Back and forth emails with our team, J Todd and experts re sampling; conf call(s) with B Bleakman, K Cronk, CB Rogers, LB Miller

2.00

12.03.14 Prep for and conf call with B Bleakman's re Todd's angry email charging us with devious behavior - worked on point-by-point response

3.00

12.03.14 Reviewed and edited M Jorgensen's second draft on consequential damages .60 12.03.14 Telecon with B Bleakman re revisions to draft email to J Todd responding to

his concerns about REDW 1.00

12.03.14 Prep for conf call with team; conf call on REDW response to Todd's concerns etc; email to P Frye re M Jorgensen draft

1.80

12.04.14 Conf calls most of day with in-house lawyers/accountants first, J Todd and our team next, M Jorgensen and E Henson last; telecons with CB Rogers, D MacMeekin, P Frye as follow up; prep time before/between each call

7.00

12.05.14 All day polishing, proofing, debating and editing language in statement to mediator and its exhibits with CB Rogers, D Simon, L Carpeneti, B

6.75


53

Bleakman 12.06.14 Email to our team re over-emphasis on sampling and nuances - return to big

picture view; read/respond to today's emails 1.00

12.06.14 Emails re completion of reply/analysis as to why discrepancies appear in gov't and class versions of sampling

2.00

12.07.14 Telecon with P Frye re strategy; prep for trip to DC 1.20 12.07.14 Cont'd emails and telecon with P Frye from home 1.00 12.08.14 Travel to DC; prep for trip - document collection and telecon with D

MacMeekin [prep 1.0 / depart 10:30 am MST/arrive 9:00 pm EST] 10.50

12.09.14 Breakfast conf with CB Rogers and B Bleakman; in-house conf with Class reps and lawyers 10:00 am - 6:00 pm

9.00

12.10.14 Settlement negotiations preceded by prep at breakfast with CB Rogers and B Bleakman 8:00 am - 6:00 pm

10.00

12.11.14 Return travel from Washington DC to Santa Fe [depart 9:30 am EST / arrive 5:30 pm MST]

10.00

12.12.14 Worked on letter (adopted from mediator's statement) to K Washburn; telecons to/from D MacMeekin, D Simon, CB Rogers proofreading, scanning, sending letter

1.50

12.13.14 Prep for mediation 2.00 12.14.14 Travel to/from Albq; met with our team to plan for mediation [depart 10:00

am/return 9:30 pm] 11.50

12.15.14 Travel to Albq [depart 6:45 am]; mediation by Magistrate Judge Molzen 8:30 am - 7:30 pm

12.75

12.16.14 Mediation resumed 8:30 am - 11:00 am; Class consultation 11:30 -1:30; return travel to Santa Fe [arrive 3:00]

5.50

12.17.14 Discussions with CB Rogers, D MacMeekin, D Simon and P Frye re press issues and GPTCA/Patty Marks opt-out memo which we asked G Kingman not to release; related telcons; research of files on opt-out issue

4.70

12.18.14 Worked on various aspects of settlement including telecons with P Marks re opt-out issue, D MacMeekin re same and shared status of implementation of settlement; researched files for documents; interview with AP reported James Hurd, Rapid City SD; began drafting new motion for prelim and final approval; telecon with LB Miller

7.00

12.19.14 Research of PSA I for previous settlement documents .75 12.19.14 Telecon with B Bleakman re distribution issues and possible extension of

REDW's contract to encompass distribution .50

12.19.14 Began work on FSA documents 4.50 12.20.14 Cont'd work on motion for prelim approval 1.50 12.21.14 Cont'd work on motion for prelim approval 2.00 12.22.14 Cont'd work on motion for prelim approval, distribution methodology;

discussions with D MacMeekin and P Frye .65

12.22.14 Telecon with CB Rogers re handling settlement proceeds at Wells Fargo .10 12.22.14 Cont'd work on distribution methodology; conf call with CB Rogers, D

MacMeekin and B Bleakman .95

12.23.14 Conf with CB Rogers re distribution methodology; telecon with D MacMeekin re distribution and other class issues

1.50


54

12.23.14 Research of docket for opt-out rulings; met with CB Rogers re same 1.50 12.24.14 Village of Barrow - need to file contract dispute - question for J Friel;

telecon and emails with him re same 1.40

12.24.14 Worked on opt-out issue and finalizing proposed draft motion for prelim approval

1.75

12.29.14

Worked on edits to draft motion for prelim approval incorporating comment and edits from D MacMeekin and P Frye; telecon with CB Rogers re banking issues

5.25

12.30.14 Discussions with CB Rogers and LB Miller re interest rate issues; telecons and emails to/from CB Rogers, D MacMeekin, P Frye re bank collateral

1.80

12.31.14 Worked on edits to settlement agreement and various other documents; telecons with D MacMeekin

3.00

01.05.15 Conf calls with CB Rogers, D MacMeekin, P Frye re distribution questions on settlement

2.50

01.06.15 Telecon with CB Rogers re distribution .50 01.07.15 Review and edit of collateral security agreement sent by CB Rogers 1.33 01.07.15 Worked on settlement documents: FSA, motion for prelim approval etc;

numerous telecons and emails re same 5.50

01.08.15 Telesons with P Frye and D MacMeekin re NCAI/settlement agreement questions

.25

01.08.15 Worked on FSA draft 9; went to CB Roger's office for conf call on distribution issues

2.75

01.08.15 Cont'd work on interest rate analysis with L Carpeneti and B Bleakman .40 01.09.15 Email to C Phillips and J Cohn re Sidley Austin fees and expenses .10 01.12.15 Cont'd work on affidavit in support; analysis of CB Rogers, B Bleakman, M

Larsen distribution analysis 2.50

01.12.15 Cont'd work on motion for prelim approval, settlement documents; telecons with CB Rogers and D MacMeekin

4.25

01.14.15 Work on FSA edits 2.50 01.15.15 Prep for and participation in conf call with our team re distribution issues

and attorney fees letter to J Todd 3.50

01.15.15 Drafted letter to tribes to accompany claim form 2.60 01.15.15 Worked on letter to J Todd re fees 3.00 01.15.15 Luncheon meeting with CB Rogers to discuss Sonosky draft letter to Todd 1.00 01.19.15 All day work on settlement issues; conf call with team; memo on fees to J

Todd; numerous telecons with CB Rogers, D MacMeekin and P Frye 8.50

01.20.15 Research re attorneys fees for letter to J Todd; telecons and conf with CB Rogers, D MacMeekin, P Frye, etc

6.50

01.21.15 Cont'd work on draft memo to J Todd on fees; emails; telecons; research 3.25 01.21.15 Read Law Review article sent by D MacMeekin on class action fees; conf

call with team on memo to J Todd on issue; debrief with D MacMeekin and P Frye; cont'd work on claim for letter to tribes

3.70

01.22.15 Cont'd work on draft memo to J Todd on fees with CB Rogers and D MacMeekin

3.20

01.22.15 Telecons and emails to/from CB Rogers, LB Miller, L Carpeneti, P Frye D 3.50


55

MacMeekin; read Erickson's paper on distribution methodologies - all relative to next week's meetings in DC

01.23.15 Emails re statistical methods for distribution, phone calls re next week's meetings; attendees at negotiations with DOJ

5.60

01.24.15 Worked with CB Rogers on distribution, logistics for meeting in DC next week; emails to co-counsel; telecons with Z Treisman re distribution methodologies

1.15

01.24.15 Prep for DC trip - assembling documents/files 1.00 01.26.15 Travel to Washington DC 8.00 01.27.15 Settlement negotiations and meetings 10.00 01.28.15 Settlement negotiations and meetings 8.00 01.28.15 Return travel from DC to Santa Fe 8.50 01.29.15 Emails/telecons with team re distribution methodology 4.00 01.30.15 Telecon with M Schmidt, counsel for St. Regis Mohawk Tribe, re status of

settlement 1.10

01.30.15 Telecon with CB Rogers re St. Regis Mohawk Tribe issue; read emails on collateral arrangements after payment of monies

.40

01.31.15 Edits to FSA - LB Miller's draft of 01.30.15 1.75 02.01.15 Cont'd work on edits to FSA; telecon with CB Rogers .60 02.02.15 Telecon with J Donham and CB Rogers re St. Regis Mohawk request from J

Donham for collaberation of Tribe's contract support costs claims since 1994 1.50

02.02.15 Tried calling M Schmidt re St Regis Mohawk and J Donham's communications

.05

02.02.15 Telecon with M Schmidt, counsel for Ft. Regis Mohak Tribe, re CB Rogers' and my conf with J Donham (at request of St. Regis) concerning amount of CDC die to Tribe from BIA theoretically back to 1994 when caps began

.50

02.03.15 Continued work on settlement drafts; email exchanges and research 1.75 02.04.15 Continued work on settlement drafts; email exchanges and research 3.85 02.05.15 Emails and telecons with B Bleakman re REDW, procedure for AICPA

opinion and review of rules 1.33

02.05.15 Telecon with P Frye re REDW ethics issue, request for resolution; email to our team

.83

02.05.15 Conf call with gov't and class attorneys + Cotton & Co to review issues re distribution etc; post telecon with D MacMeekin; email to P Frye

1.25

02.06.15 Telecon with D MacMeekin re issues relating to what is released and what is reserved; re-read portions of latest draft of FSA

1.10

02.06.15 Status conf with Court and meeting with RNC officials to explain status, includig "tribal leadership disputes-interpleader" issue regarding recent death adn replacement of Chapter president under Navajo Law and possible internal dispute over this type of internal ambiguity

3.50

02.09.15 Emails re REDW ethics issue and opinion letter .75 02.09.15 Emails and telecons with D Simon re protocol on communications with

gov't; telecon with D MacMeekin 2.50

02.10.15 Various emails and telecons re scheduling next negotiation session; began review of REDW-Stanley draft letter seeking review of conflict of interest

.50


56

potential 02.11.15 Continued work on REDW-Stanley conflict of interest issue raised by J

Todd; review of REDW latest draft letter; email to/from D MacMeekin and P Frye re same

7.50

02.12.15 Telecons and emails re REDW issue - B Bleakman, D Simon, D MacMeekin, P Frye, CB Rogers, LB Miller; long conversation with B Bleakman re NAFAO conf; drafted email re same and discussed with D MacMeekin

5.25

02.13.15 Research Law Review articles on Salazar v Ramah for general principles including aspects of distribution impacted by Court decisions; telecon with B Bleakman re REDW ethics issue raised by J Todd; telecon with D MacMeekin re all of above; 2d call from B Bleakman

3.75

02.13.15 Emails re distribution issue with REDW; telecon with REDW's lawyer; email to our team and telecon with P Frye re above

.75

02.14.15 Telecons with B Bleakman re Ginny Stanley's email .40 02.15.15 Prep for negotiations - read L Carpeneti's detailed outline of remaining

issues from last negotiation; made copies of key documents; edits to settlement documents

2.00

02.16.15 Travel to Washington DC; dinner meeting with CB Rogers 10.00 02.17.15 Breakfast meeting with CB Rogers and P Wayne of RNC; in-house

conference at Sonosky offices followed by conf call with Gov't (gov't offices closed due to weather); follow up edits to draft FSA with LB Miller and L Carpeneti

10.00

02.18.15 Breakfast meeting with CB Rogers and P Wayne of RNC; settlement negotiations at J Todd's office

5.50

02.18.15 Return travel from Washington DC to Santa Fe (weather delays in Chicago) 14.00 02.19.15 Various telecons and emails re follow up to negotiations with DOJ with P

Frye, D MacMeekin, M Kerkmans, CB Rogers 2.60

02.19.15 Email to B DeVeau re class monitor role .10 02.20.15 Discussions with D MacMeekin re back-of-envelope-k-dispute issues 1.10 02.21.15 Research on class action settlements 1.75 02.22.15 Read G Strommer's letter to IHS and BIA; drafted letter to G Strommer and

LB Miller on Federal Bar Assn and need to include CB Rogers and MP Gross on panels on ISDA class action

1.20

02.23.15 Worked on draft letter to G Strommer and LB Miller re Federal Bar conf in April and attendance issue; telecons with CB Rogers; call from B DeVeau of Moss Adams accounting firm re class monitor role; telecon with Shari Cordova, REDW attorney, re conflict of interest issue re distribution

1.60

02.23.15 Several long discussions with D MacMeekin and P Frye re AK/CA small tribes issue; telecon with B Bleakman; telecon with CB Rogers re same and Federal Bar conf

3.20

02.24.15 Began draft of statement re settlement for publication in national Indian Country media such as Indian Country Today; emails re today's conf call on AK/CA small tribes issue; telecon with D MacMeekin re back-of-envelope-k-dispute issue; reviewed distribution memo from CB Rogers of 01.19.15

2.90

02.24.15 Conf call with team on AK/CA small tribes issue; prep for call with D 1.10


57

MacMeekin; call to CB Rogers 02.25.15 Analysis of email on distribution methods from M Larsen; telecon with L

Carpeneti to discuss overall issues and AK/CA small tribes issue 2.80

02.25.15 Telecons with J Donham, J Todd and P Wayne re settlement issues in class action, the trial leadership dispute clause and its possible effect on RNC

.80

02.25.15 Researched files; telecon with D MacMeekin re L Carpeneti's email re AK/CA small tribes issue and scheduling a conf call in-house to discuss same

.50

02.26.15 Telecon with D MacMeekin re AK/CA small tribes issue .60 02.26.15 Conf call with team re distribution issues and AK/CA small tribes issue;

prep for call and pre-call discussions with CB Rogers and D MacMeekin 1.70

02.26.15 Conf call on FSA with J Todd and our team 1.50 02.26.15 Office conf with JE Gallegos re NM GRT issue .65 03.02.15 Indexed recent research on approval of class actions etc 1.60 03.02.15 Research on NM GRT issue and draft letter to JE Gallegos 2.00 03.03.15 Telecon with D MacMeekin re NM GRT issue; conf call with gov't on

AK/CA small tribes issue and distribution statistical plan 2.50

03.03.15 Telecon with B Bleakman re AICPA letter requesting approval of the distribution agreement and the AK/CA small tribes issue

.65

03.03.15 Worked with D MacMeekin and C Carter (GLF) to gather info on Pajarito Homesteaders class action and NM GRT paid by class; edited letter for JE Gallegos to J Todd; reviewed court pleadings in Pajarito class action; office conf with JE Gallegos to work on letter to J Todd; telecon with D MacMeekin re same

2.75

03.04.15 Worked on NM GRT issue with CB Rogers, D MacMeekin and B Wooldridge on revising and sending documents to our team

4.00

03.04.15 REDW ethics issue: telecon with B Bleakman to begin review of documents sent by REDW to AICPA; read REDW-Stanley's submission to AICPA

1.25

03.05.15 Legal research on settlement issues on class actions 5.00 03.07.15 Emails re AK/CA small tribes issue and setting up call for tomorrow; telecon

with CB Rogers .50

03.08.15 Prep for conf call at 4pm; review of emails; telcons with CB Rogers and P Frye

1.00

03.08.15 Conf call in-house 2.50 03.09.15 Review of emails on AK/CA small tribes issue; review and edits to

attachments and cover mail to J Todd on NM GRT issue 1.25

03.09.15 Examination of the set-off status 31 USC 3716; discussion with B Bleakman on negotiations; discussion with D MacMeekin re set-off status

1.75

03.10.15 Conf call with Wells Fargo re collateral issues; research on offsets issues and discussions with CB Rogers and B Bleakman re same

3.50

03.11.15 Cont'd work on treasury Dept's offset issue 5.75 03.12.15 Cont'd work on treasury Dept's offset issue; research, confs with D

MacMeekin; dinner meeting in Albq with CB Rogers, LB Miller and P Frye 10.50

03.13.15 Prep for conf call; worked on research on Treasury offset issue; conf call with J Todd et al; memo to J Todd re offsets; telecons and emails with CB Rogers and D MacMeekin

7.75


58

03.15.15 Read Indian Claim Com'n Act; telecons with CB Rogers and T Luebben re Treasury offset issue

.66

03.16.15 Cont'd work on treasury Dept's offset issue; research; telecons with CB Rogers, D MacMeekin and P Marks

3.40

03.17.15 Cont'd work on treasury Dept's offset issue culminating in draft letter to J Todd sent to Class counsel et al for review and vetting

4.50

03.18.15 Cont'd work on treasury Dept's offset issue; research; finalized letter to J Todd on setoff issue/waiver

3.00

03.19.15 Cont'd work on treasury Dept's offset issue; research on power of AG to settle cases; telecon with D MacMeekin

2.50

03.20.15 Conf call 1.33 03.22.15 Research on authority of AG to settle cases involving Federal agencies 1.33 03.23.15 Cont'd research on authority of AG to settle cases involving Federal

agencies/DOJ representation; discussions with D MacMeekin re distribution clauses in FSA and Appendix; drafted revised distribution section to FSA

4.50

03.24.15 FSA Appendix on distribution edits; telecons with CB Rogers and D MacMeekin re same

3.00

03.25.15 Worked on Appendix D to FSA; telecons with D MacMeekin and P Frye; team conf call

3.70

03.26.15 Worked with D MacMeekin on revision to draft settlement distribution blurb; J Todd phone call to set time for conf call tomorrow, discussed offsets issue; telecons with CB Rogers, LB Miller and D MacMeekin; emails to our team to set conf call

3.60

03.27.15 Prep for conf call; in-house call then with gov't; travel to/from Albq; conf call with gov't at CB Rogers' offices

5.50

03.29.15 Wrote and sent draft email to D MacMeekin and P Frye re setoffs issue 2.50 03.30.15 Setoffs issue - email to J Todd; edits and phone call with D MacMeekin; sent

draft to team for vetting 2.80

03.30.15 Further research on setoffs; telecons with CB Rogers, D MacMeekin; revisions to email to J Todd

3.50

03.31.15 Cont'd work on offsets issue; telecon with Ryan Parker and D MacMeekin; follow up documents and notes of confs with Parker set up conf call for tomorrow; legal research

4.50

04.01.15 In-house conf call on status of negotiations re setoffs 2.00 04.02.15 Telecon with D MacMeekin and draft email to K Washburn re meeting

proposal next week in Scottsdale; emails re setoff issue; telecon with B Bleakman re conflict of interest issue raised by J Todd

3.00

04.03.15 Call from Mark Gagnon of Coquille Tribe in Oregon re IDC problem .80 04.03.15 Conf call with team on setoffs issue; prep for call with D MacMeekin 1.45 04.05.15 Analysis and telecon with LB Miller re conf call tomorrow; assembled

research notes 2.00

04.06.15 Prep for conf call with team; conf call with team - largely re setoffs issue; telecons with D MacMeekin and P Frye re delaying issue until settlement is approved

5.50

04.07.15 Research on setoffs issue and court's authority to order parties to attend settlement session with court in person with authorization to settle; emails

2.50


59

from LB Miller and P Frye 04.07.15 Went to CB Rogers' office for 2 conf calls - (1) in-house, (2) status conf with

court 2.50

04.08.15 Telecons re distribution issues with CB Rogers, D MacMeekin; working lunch with S Hansen re distribution; telecon with D MacMeekin re minimum distribution issue

3.50

04.08.15 Travel to Scottsdale AZ for FBA Meeting and to meet with co-class counsel and K Washburn on Class action negotiations (applied 1/2 time to RNC Class Action)

5.00

04.09.15 Scottsdale AZ for FBA Meeting and to meet with co-class counsel and K Washburn on Class action negotiations; return travel (applied 1/2 time to RNC Class Action)

5.00

04.09.15 Worked on conflict of interest issue with B Bleakman and G Stanley; composed and sent email to CB Rogers and LB Miller after analysis of opinion letter from AICPA

2.50

04.10.15 Worked on paper for Nixon Library on self-determination and Class action 3.50 04.14.15 Reviewed and revised D MacMeekin's redraft of REDW's conflict of interest

letter to AICPA; telcons with C Cordova and D MacMeekin re same; research on class action distribution and conflicts of interest

1.85

04.16.15 Telecons with D MacMeekin re distribution, OST and REDW conflict issue; conf call with legal team

1.80

04.16.15 Telecon with Melanie Two Eagle, Treasurer at OST .25 04.17.15 Email from J Todd re FSA draft; telecon with D MacMeekin re offset and

distribution issues, time for conf calls, etc 4.33

04.18.15 Worked on FSA draft from gov't counsel 2.25 04.19.15 Continued review and edit of draft FSA from gov't counsel .50 04.20.15 Continued review and edit of draft FSA from gov't counsel with D

MacMeekin; phone calls re scheduling conf calls with CB Rogers and D MacMeekin

1.70

04.20.15 Worked on email/letter to J Todd on NM GRT issue with D MacMeekin 1.33 04.20.15 Further work on Rule 23 opt outs 1.00 04.21.15 Revisions to draft letter by REDW Stanley to AICPA on ethics issues raised

by J Todd; telecon with D MacMeekin; continued edits with D MacMeekin; email to S Cordova, REDW atty

2.25

04.21.15 Continued work with D MacMeekin on revisions to FSA 2.00 04.22.15 Worked with D MacMeekin et al on redraft of FSA; REDW Stanley in-

house call and then with J Todd 5.00

04.23.15 Public Relations: Participated in Nixon Library Retrospective on Indian Self-Determination with key participants in the 1970 Message

10.00


10.00


10.00

04.27.15 Worked on objectors' rights issue; telecon with D MacMeekin reviewing latest drafts of FSA, proposed changes; discussed with CB Rogers on distribution minimum

5.50


60

04.28.15 Telecon with D MacMeekin and P Frye on setoffs; telecon with D MacMeekin on same; in-house conf call with team on latest FSA draft

3.90

04.28.15 Further edits and phone calls - D MacMeekin and CB Rogers - emails on revisions to J Todd's redraft

1.50

04.29.15 Reviewed latest draft FSA transmitted to J Todd yesterday by CB Rogers; telecons with CB Rogers and D MacMeekin; completed review of last draft of FSA; follow up call with D MacMeekin

4.50

04.29.15 Voice message left for J Todd; calls and emails to J Todd and LB Miller et al re Class reps participating in today's conf call with gov't; telecon with CB Rogers re same; prep for conf call; call with D MacMeekin; telecon with M Her Many Horses and P Wayne

3.15

04.30.15 Conf call with J Todd and pre-call with CB Rogers, post call with CB Rogers and LB Miller

3.50

05.04.15 Talked with CB Rogers and D MacMeekin re the REDW problem and status of negotiations; spoke with B Bleakman and CB Rogers re DOJ's resistance to REDW's role in distribution

1.50

05.04.15 Conf call and follow up with in-house team on FSA; emails following telecon with D MacMeekin

1.60

05.05.15 Prep for conf call with D MacMeekin; began work on letter to prospective settlement administrator; conf call/negotiation with J Todd; follow up lunch meeting with CB Rogers; emails redraft emails from CB Rogers and LB Miller re today's conf call and the bank collateral issue

6.20

05.06.15 All day on phone calls and emails on attorneys' fee issue, bank collateral issue, and strategy to revise draft of notice to class settlement with D MacMeekin

5.80

05.07.15 Worked in prep for status conf; in-house team accepted gov't offer of 8.5% fee with support from US Gov't' email draft on using NM Law School for settlement depositor; to/from Espanola to pick up OST rep Mike Her Many Horses; to/from CBR's office; status conference with Court at 2pm

3.50

05.08.15 Discussions with D MacMeekin and emails to co-counsel re settlement administration; discussions with D MacMeekin on redraft of FSA Appendices; worked on class notice revisions

5.30

05.09.15 Continued work on class notice 3.60 05.10.15 Continued work on class notice 4.00 05.11.15 Continued work on class notice; read D MacMeekin's edits; reviewed

settlement administrator's duties redraft; met with Mike Her Many Horses re status of settlement

2.50

05.12.15 To/from Ablq to take Mike Her Many Horses - discussed status of case and negotiations; reviewed draft documents; telecon with CB Rogers re partnership issue at his firm; call to S Whitetail Eagle on progress of settlement

2.75

05.13.15 Reviewed issues with D MacMeekin re settlement administrator solicitation of firms; Notice to Class; conf call on Notice to Class with co-counsel; research in Newberg on Notice to Class forms; research in files on Motion for Summary Judgment

3.25

05.14.15 Continued work on Notice to Class and distribution appendix with D 3.75


61

MacMeekin; related emails and inspection of drafts; research re attendance at Class settlement hearing

05.15.15 Worked with D MacMeekin on draft of Notice to Class; research in Newberg; read CB Rogers' comments, etc.

3.20

05.16.15 Prep for conf call; research in Newberg on objectors appearance at settlement hearing; conf call with co-counsel re status of FSA appendices, settlement administrators letters, collateral, etc.

3.40

05.17.15 Research on class settlements and notices 2.75 05.18.15 Worked to update to-do-list of class documents; reviewed Notice to Class

with D MacMeekin; emails and phone calls to/from CB Rogers and J Tixier re settlement administrator duties; email to team; email to J Todd

5.75

05.19.15 All day on settlement administrator issues, reviewing gov't latest draft of FSA and numerous phone calls to/from co-counsel and Moss-Adams accounting firm

6.25

05.20.15 Telecon with D MacMeekin re FSA details, Moss-Adams as settlement administrator, etc; telecons with CB Rogers and B DeVeaux of Moss-Adams; telecon with CB Rogers re setoffs

1.75

05.20.15 Worked on answer to Moss-Adams with D MacMeekin; numerous phone calls among co-counsel

3.30

05.21.15 All day on FSA, Notice to Class and phone confs with D MacMeekin and P Frye; conf call with legal team on FSA and next steps; telecon with B Bleakman re status

6.20

05.22.15 Worked on Notice to Class and Motion for Prelim and Final Approval with CB Rogers, D MacMeekin and P Frye

4.50

05.23.15 Worked with CB Rogers in edits to FSA 1.00 05.25.15 Sent off latest draft FSA redrafting J Todd's of May 19th; proofread changes .80 05.26.15 Research on objectors; consulted with D MacMeekin on changes to Motion

for Prelim and Final Approval; telecons with CB Rogers and D MacMeekin on status of negotiations; telecon with B DeVeaux, Moss-Adams, re settlement administrator functions

4.50

05.27.15 Worked on Notice to Class with L Carpenti and D MacMeekin; sent out draft #17 to our team; legal research on requirement that objectors attend settlement hearing to have their objections considered

3.20

05.28.15 Continued work on Notice to Class and Motion for Prelim and Final Approval with D MacMeekin; emails to/from J Todd re progress of settlement; emails with team; read Vanderbilt Law Review article on objections to class actions

5.50

05.29.15 Worked on Notice to Class and emails to/from CB Rogers, LB Miller, D MacMeekin and team on settlement administrator and class monitor; law review article NYU Law School/Cornell - discussed with D MacMeekin

4.00

05.30.15 Researched gov't response to cert petition in Menominee case; telecons with CB Rogers and LB Miller

1.50

05.31.15 Continued work on FSA issues with CB Rogers and LB Miller in response to emails from them

2.00

06.01.15 Continued work on Notice to Class, FSA, edits, discussions with LB Miller and D MacMeekin re Menominee cert issue, etc.

4.00


62

06.02.15 Worked on settlement administrator letters, blurb and emails to the list of firms prepared by D MacMeekin; telecons with CB Rogers and B DeVeaux

2.75

06.02.15 Reviewed LB Miller's redraft of Motion for Prelim and Final Approval; tele conf with team on Menominee case and Motion for Approval; pre-call prep with CB Rogers and P Frye

3.75

06.03.15 Worked with D MacMeekin, B Wooldridge, CB Rogers and LB Miller on changes to Motion for Prelim and Final Approval

3.00

06.04.15 Telecon with S Whitetail Eagle on status of protective order for D Jose' .25 06.05.15 Worked with D MacMeekin on Appendix and Collateral issues letter to

Wells-Fargo 3.25

06.05.15 Continued work on Distribution Appendix; sent emails on scheduling conf calls for next week

2.50

06.06.15 Continued work on Distribution Appendix 1.50 06.08.15 Call to/from John Cohn at Sidley-Austin re bank collateral issue .25 06.08.15 Conf call with team and follow up re letter to Wells Fargo, Distribution

Appendix (sent to J Todd with revisions), Notice to Class (previously sent to J Todd), Settlement Administrator search, collateral issue letter sent to J Todd

3.80

06.09.15 Discussion with Teresa Hamm of Sidley-Austin/Chicago re bank collateral issue

.25

06.09.15 Researched PSA-1 attorney's fee application; telecon with D MacMeekin re status of negotiations; continued work on settlement; read new FSA draft redline from J Todd

4.40

06.10.15 Continued work on bank collateral issue; conf call with Molly M of Perkins Coie; prep for call with CB Rogers, emails re same

1.80

06.11.15 Continued work on Distribution Appendix and conf call with CB Rogers, C MacMeekin and P Frye

2.50

06.12.15 Continued work on Distribution Appendix issues; conf and emails re bank collateral issues with CB Rogers

2.00

06.18.15 Worked on alternative solutions to collateral issue with D MacMeekin; drafted language; telecon with P Frye

4.40

06.19.15 Continued work on bank collateral issue and memo 3.33 06.22.15 Collateralization options issue continued; telecon with CB Rogers; emails re

next conf call with J Todd 3.25

06.23.15 Continued work on Notice to Class, Distribution Appendix revisions by J Todd, reviewed and discussed with CB Rogers and D MacMeekin

1.75

06.23.15 Reviewed attorneys fees applications for previous settlements 2.00 06.23.15 Telecon with CB Rogers and D MacMeekin re revisions to Notice to Class

sent by J Todd .75

06.24.15 Prep for and conduct of conf call with gov't (DOJ) re remaining issues in settlement; follow up discussions with CB Rogers and D MacMeekin

5.80

06.24.15 Research and telcons re opt out issue .70 06.25.15 Travel to/from Albq to meet with Ramah Chapter President David Jose' et al

to discuss progress in settlement; conf with Z Treisman re settlement progress

5.00

06.27.15 Telecon with CB Rogers re opt out issue; reviewed opt out draft email to J 2.25


63

Todd; researched files on opt out rights 06.28.15 Worked on opt out issue with CB Rogers and LB Miller; drafted or edited

new provisions for Notice to Class with CB Rogers and LB Miller; three conf calls re same

2.00

06.29.15 Status conf call with Judge Molzen and J Todd; collecting opt out notices and filing for J Todd with D MacMeekin and B Wooldridge; discussions with D MacMeekin re opt outs; telecon with J Todd re same

4.00

06.30.15 Telecon with David Felt, SB Rogers, LB Miller and D MacMeekin re banking collateral and set up issues

.75

06.30.15 Telecon with J Todd re final steps to get settlement FSA and attachments ready for approval submittal

.80

07.01.15 Worked with CB Rogers and D MacMeekin on J Todd's suggested changes and request for documentation re prior opt out rights of class members

6.20

07.01.15 Worked with CB Rogers on final response to J Todd's changes to FSA and Notice of Distribution Appendix

1.10

07.02.15 Prep for conf call with J Todd et al; conf call; de-briefing with CB Rogers and D MacMeekin

3.00

07.03.15 Worked on Notice issue re DCSC opt outs; worked on final language re right to opt out re unknown new class members after 03.27.02 with CB Rogers and other working issues in FSA, Distribution Appendix and Notice to Class

3.50

07.06.15 Telecon with D MacMeekin re status of negotiation in prep for internal conf call later today re last changes to working draft of FSA, Notice and Motion for Prelim Approval, etc; call with team from CB Rogers' office; working lunch with CB Rogers

3.95

07.06.15 Research into docket for opt out issue; review of draft changes to settlement documents; telcons with CB Rogers and D MacMeekin

2.00

07.07.15 Prep for conf call with J Todd and our team; conf call; post conf calls and details of opt out notices; follow up calls with CB Rogers and D MacMeekin re schedules of calls tomorrow

5.25

07.08.15 Conf call with DOJ and our team re changes to settlement documents; print and review of revised drafts

4.30

07.09.15 Prep for conf calls on FSA and Appendices; conf calls (1) in house, (2) with DOJ, and (3) follow up in-house

3.00

07.10.15 All day on issues in FSA - claim forms, CDA, etc 6.50 07.11.15 Worked on revisions to introduction to D Simon's 1st draft of App for Fees

and Costs 3.50

07.12.15 Continued revisions to App for Fees and Costs 3.00 07.13.15 Worked on draft brief for fees and costs from D MacMeekin's draft 5.50 07.14.15 Continued work on fee app; worked on contract dispute claim form issue;

telecons to/with CB Rogers and J Todd; email with request for insertion into claim form to designate contracting officer

4.00

07.14.15 Reviewed J Todd's email on claim form issue; conferred with D Simon and left message for D MacMeekin; sent email to team; telecon with C MacMeekin on class members listed on the Distribution Appendix

.65

07.15.15 Worked with CB Rogers, D Simon and D MacMeekin on claim form and re Judge Hansen's possible retirement; continued work on fee app

5.00


64

07.16.15 Conf call with Wells Fargo Bank lawyer and personnel re setting up class account

1.50

07.17.15 Continued work on fee application 4.50 07.20.15 Continued work on fee application 3.50 07.21.15 Continued work on fee application 4.00 07.22.15 Worked on affidavit in support of approval 4.50 07.26.15 Continued work on fee application 1.00 07.27.15 Continued work on fee application 1.50 07.28.15 Continued work on fee application 2.50 07.29.15 Continued work on fee application 4.50 07.29.15 Telecons with Wells Fargo Bank re collateralization issue with D Felt, et al 3.75 07.30.15 Telecons with CB Rogers and D Felt re collateralization issue 1.00 07.30.15 Continued work on fee application 5.50 07.31.15 Continued work on fee application 6.00 08.01.15 Continued work on fee application 4.00 08.02.15 Continued work on fee application 3.75 08.03.15 Continued work on affidavit in support of settlement 6.00 08.04.15 Travel to/from Albq; met with Kevin Washburn, CB Rogers and OST reps

to discuss handling of public relations and logistics for approval of settlement [depart 10:30 am / return 2:15 pm]

3.75

08.05.15 Continued work on affidavit in support of settlement 1.50 08.08.15 Continued work on fee application 2.50 08.09.15 Continued work on fee application 3.75 08.10.15 Worked on application for final approval and affidavit in support 5.50 08.11.15 Conf call with David Felt, FDIC personnel and lawyers re collateral issue at

CB Rogers' office 1.40

08.11.15 Worked on press release .75 08.11.15 Continued work on affidavit in support of fee application 1.33 08.12.15 Prep for conf call with J Todd and our team; conf call on status of settlement

and details of how to handle filing of motion, publicity, etc 3.00

08.12.15 Continued work on fee application and affidavit in support 3.25 08.13.15 Continued work on press release and related issues 4.50 08.13.15 Receipt and review of email on collateral issues from CB Rogers .33 08.15.15 Research on class actions - preliminary approval, Newberg: emails to team 3.00 08.16.15 Continued work on press release. preliminary approval, emailing issue 2.50 08.17.15 Continued work on press release and issues affecting settlement; worked on

approval of draft sent by D Simon 5.75

08.18.15 Continued work on press release; motion for preliminary approval 10.00 08.19.15 Continued work on press release, J Todd TOP and TINA issues; revisions to

motion for preliminary approval 3.60

08.19.15 Telecon with CB Rogers and LB Miller re procedure for attorneys fees payment from Treasury

.30

08.20.15 Revisions to press release 1.00 08.20.15 Continued work on fee application with D MacMeekin .75 08.21.15 Telecon with CB Rogers and D MacMeekin re timing of final approval; 5.80


65

continued work on fee application and affidavit 08.22.15 Continued work on fee application and affidavit 3.00 08.24.15 Revised application for approval; conf call on status of papers and settlement

administrator selection; draft release; affidavit in support of fee app 7.75

08.25.15 Telecon with D MacMeekin; worked on motion for preliminary approval; telecon with CB Rogers and D MacMeekin re press release issues; continued work on fee application

5.25

08.26.15 Continued work on motion for preliminary approval with D MacMeekin; telecon with P Frye

1.25

08.27.15 Telecon with CB Rogers, LB Miller and D MacMeekin re settlement administrator issues; continued work on affidavit in support of settlement and fees

3.80

08.28.15 Continued work on affidavit in support of settlement and fees 4.50 08.29.15 Continued work on affidavit in support of settlement and fees 2.00 08.31.15 Internal telecon re press issues and timing of FSA, Motion for Preliminary

Approval etc 1.50

08.31.15 Worked with B Wooldridge on logistics of preparing for filing FSA and appendices; worked on Class Monitor proposal sent by Moss-Adams

.75

08.31.15 Continued work on affidavit in support of settlement and fees - review of D MacMeekin edits

.50
