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1 Michael Simes (Arizona Bar No. 00 MICHAEL SIMES, LLC 0 South Rural Road Suite 1 Tempe, Arizona 1 Telephone: 0-- Facsimile: Michael.Simes@azbar.org Website: Attorney for Solinvest Group, Ltd. IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA In re: TECHNOLOGY SYSTEMS INTERNATIONAL, INC., a Nevada Corporation; Debtor. SOLINVEST GROUP, LTD., a British Virgin Islands entity; v. Plaintiff, TECHNOLOGY SYSTEMS INTERNATIONAL, INC., a Nevada Corporation; TSI ACQUISITION CORPORATION, formerly known as TECHNOLOGY SYSTEMS INTERNATIONAL, INC., an Arizona Corporation; ALANCO TECHNOLOGIES, INC., an Arizona Corporation; United States District Court For the District of Arizona Case No. CV 0 1 PHX ROS United States Bankruptcy Court For the District of Arizona Case No. 0 PHX EWH United States Bankruptcy Court For the District of Arizona Case No PHX EWH United States Bankruptcy Court Fort the District of Arizona Case No. 0 0 PHX EWH AFFIDAVIT OF ATTORNEY MICHAEL SIMES IN SUPPORT OF AMENDED MOTION FOR AWARD OF ATTORNEYS FEES AND COSTS Case :0-cv-01-ROS Document Page 1 of Filed /0/0 Page 1 of
2 GREG OESTER and LYNDA OESTER, husband and wife; JOHN DOE I-X; JANE DOE I-X; ABC PARTNERSHIP I-X; and XYZ CORPORATION I-X; Defendants. GREG OESTER and LYNDA OESTER, husband and wife; v. Third-Party Plaintiffs, EVERT EGGINK, Third-Party Defendant. 0. I, MICHAEL SIMES, being first duly sworn, states as follows: 1. I am over years of age and am competent to make this affidavit.. I make this affidavit based upon my personal knowledge.. I received my Juris Doctor from the University of Arizona in.. I was admitted to practice law in the State of Arizona in.. I was admitted to practice law in the State of Colorado in.. I received my Master of Business Administration from Arizona State University in. I have been continuously engaged in the private practice of law since. Case :0-cv-01-ROS Document Page of Filed /0/0 Page of
3 . In 00, I founded the Law Office of Michael Simes, the predecessor organization of Michael Simes, LLC.. From 00 to the date of this Affidavit, I have been the managing member of Michael Simes, LLC.. From 00 to the date of this Affidavit, Michael Simes, LLC, has been principally located in the County of Maricopa, State of Arizona.. On May, 0, I was awarded a plaque from the Board of Governors of the State Bar of Arizona that states as follows: The State Bar of Arizona Recognizes Michael Simes for your Expertise and Distinguished Service to Bar Web Sites and Electronic Services. May 0 See Board of Governors May Meeting Review, 1 ARIZONA ATTORNEY 0 (Issue No. 1, September 0.. I am the author of Technology Transfer: Path to a New Economy. See Michael Simes, Technology Transfer: Path to a New Economy, 1 ARIZONA ATTORNEY (Issue No., November 0.. On December, 0, the Law Office of Michael Simes entered into a written agreement for the provision of legal services with Solinvest Group, Ltd. See Engagement Letter, dated December, 0 ( Engagement Letter, attached hereto as Exhibit 1 and incorporated herein by this reference.. The Engagement Letter provides that Attorney Michael Simes is to be compensated at the hourly rate of two hundred fifty dollars and no cents ($0.00 per hour. See Engagement Letter.. I am familiar both with legal market and with the market rate for legal services in the County of Maricopa, State of Arizona. Case :0-cv-01-ROS Document Page of Filed /0/0 Page of
4 . In December 0, the hourly rate of two hundred fifty dollars and no cents ($0.00 for Attorney Michael Simes was reasonable when compared with the hourly rate for other attorneys with similar education and experience in the County of Maricopa, State of Arizona.. Michael Simes, LLC, prepared and maintained contemporaneous timekeeping records with the legal services provided. These records were formalized in the Invoices for Professional Services that were provided for review and payment each calendar month to Solinvest Group, Ltd. See Invoices for Professional Services, dated from January, 0, to and include November, 0 (together, the Invoices, all of which are attached hereto as Exhibit and incorporated herein by this reference.. The Invoices were timely paid by Solinvest Group, Ltd. See Invoices.. The total amount of time spent by Attorney Michael Simes providing legal services to Solinvest Group, Ltd, in this matter is one thousand ninety two and five tenths (1,0. hours. See Invoices.. The total amount of out of pocket expenses incurred by Michael Simes, LLC, in providing professional services to Solinvest Group, Ltd., in this matter is three thousand eighty dollars and thirty cents ($,00.0. See Invoices; see also Exhibit.. The total amount of the legal services provided from Michael Simes, LLC, to Solivest Group, Ltd., in this matter is two hundred seventy six thousand two hundred five dollars and thirty cents ($,.0. See Invoices.. Pursuant to the Order of the Federal District Court for the District of Arizona, dated October, 0, I have reviewed the Invoices in this matter and have allocated that time between the services provided in connection with matters related to the United States District Court for the District of Arizona and services provided in connection with the matters related to the United States Case :0-cv-01-ROS Document Page of Filed /0/0 Page of
5 Bankruptcy Court for the District of Arizona. This allocation is based upon my detailed review of the file in this matter and my professional judgment.. The total amount of time spent by Attorney Michael Simes providing legal services to Solinvest Group, Ltd., in connection with matters related to the United States Federal District Court for the District of Arizona is seven hundred eighty one and no tenths (1.0 hours. See Exhibit.. The total amount of out of pocket expenses incurred by Michael Simes, LLC, in providing professional services to Solinvest Group, Ltd., in connection with matters related to the United States Federal District Court for the District of Arizona is two thousand eighty seven dollars and eighty-two cents ($,0.. See Exhibit. The total amount of the legal services provided from Michael Simes, LLC, to Solivest Group, Ltd., in this matter in connection with matters related to the United States Federal District Court for the District of Arizona is one hundred ninety seven thousand three hundred thirty seven dollars and eighty two cents ($,... The total amount of time spent by Attorney Michael Simes providing legal services to Solinvest Group, Ltd., in connection with matters related to the United States Bankruptcy Court for the District of Arizona is three hundred eleven and five-tenths (. hours. See Exhibit.. The total amount of out of pocket expenses incurred by Michael Simes, LLC, in providing professional services to Solinvest Group, Ltd., in connection with matters related to the United States Bankruptcy Court for the District of Arizona is nine hundred ninety two dollars and forty eight cents ($.. See Exhibit.. The total amount of the legal services provided from Michael Simes, LLC, to Solivest Group, Ltd., in this matter in connection with matters related to the United States Bankruptcy Court Case :0-cv-01-ROS Document Page of Filed /0/0 Page of
6 Case :0-cv-01-ROS Document Filed /0/0 Page of
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