Case 1:08-cv-00117-CFL Document 173 Filed 07/28/17 Page 1 of 34

IN THE UNITED STATES COURT OF FEDERAL CLAIMS
)
LOST TREE VILLAGE CORPORATION, )
)
Plaintiff,
)
)
v.
)
)
UNITED STATES OF AMERICA,
)
)
Defendant.
)
)
)

No. 08-117c
(Judge Lettow)

PLAINTIFF LOST TREE’S
MOTION FOR ATTORNEYS’ FEES AND OTHER LITIGATION EXPENSES

JERRY STOUCK
Greenberg Traurig, LLP
2101 L Street, N.W.
Suite 1000
Washington, D.C. 20037
(202) 331-3173 (Telephone)
(202) 261-4751 (Facsimile)
Dated: July 28, 2017

Counsel for Plaintiff
Lost Tree Village Corporation

 Case 1:08-cv-00117-CFL Document 173 Filed 07/28/17 Page 2 of 34

Table of Contents
Discussion ....................................................................................................................................... 2 
I.  Lost Tree Is Entitled To Recover Its Fees And Expenses ....................................................... 2 
II.  Fees And Expenses During Each Phase Of The Case ............................................................. 6 
A. August 2007 to May 2010 – Complaint, Initial Discovery, Stipulations and CrossMotions for Summary Judgment ..................................................................................... 6
B. June 2010 to August 2011 – Additional Discovery, Pretrial and Trial Proceedings ....... 9
C. September 2011 to June 2013 – First Federal Circuit Appeal ....................................... 12
D. July 2013 to March 2014 – Remand Proceedings .......................................................... 13
E. April 2014 to November 2015 – Second Federal Circuit Appeal .................................. 14
F. December 2015 to June 2017 – Supreme Court Proceedings ........................................ 15
G. July 2017 to Final Judgment – Proceedings To Determine Final Judgment Amount.... 16
Conclusion .................................................................................................................................... 18 

Index to Appendix
Declaration of Jerry Stouck ......................................................................................................... A1
Greenberg Traurig Legal Fees and Expenses .............................................................................. A5
Monthly invoices for the time period August 22, 2007
through July 26, 2017 .............................................................................................................A5
Vendor invoices for certain expenses billed to Lost Tree by
Greenberg Traurig on the monthly legal invoices .............................................................. A478
Engineering Fees and Expenses ................................................................................................A856
Declaration Stephen Melchiori ........................................................................................... A856
S. Melchiori monthly statements and receipts for certain expenses
for the period February 2010 through March 2012 ............................................................A859
S. Melchiori monthly statements and receipts for certain expenses
for the period October 2007 through January 2010 ............................................................A901
i

 Case 1:08-cv-00117-CFL Document 173 Filed 07/28/17 Page 3 of 34

Appraisal Fees and Expenses: P. Armfield statements for fees and expenses.......................... A934
Lost Tree Trial Travel and Miscellaneous Expenses ................................................................ A937
Declaration of Hank Stevens .............................................................................................. A937
Expense documentation ...................................................................................................... A939
B.K.I. Consulting Ecologists statements for time and expenses......................................... A955

ii

 Case 1:08-cv-00117-CFL Document 173 Filed 07/28/17 Page 4 of 34

Table of Authorities
Cases 
Blum v. Stenson, 465 U.S. 886 (1984) ............................................................................................ 7
Florida Rock Industries, Inc. v. United States, 9 Cl. Ct. 285 (1985) .............................................. 4
Hensley v. Eckerhart, 461 U.S. 424 (1983) ................................................................................ 3, 4
Hubbard v. United States, 480 F.3d 1327 (Fed. Cir. 2007) ............................................................ 2
Preseault v. United States, 52 Fed. Cl. 667 (2002)....................................................................... 12

Statutes 
42 U.S.C. § 4654 .................................................................................................................... passim

Rules 
RCFC 54(b) ................................................................................................................................... 13
RCFC 54(d)(2) ................................................................................................................................ 1

iii

 Case 1:08-cv-00117-CFL Document 173 Filed 07/28/17 Page 5 of 34

Plaintiff Lost Tree Village Corporation (Lost Tree) respectfully moves, pursuant to
RCFC 54(d)(2), for the Court to award Lost Tree its attorneys’ fees and other litigation expenses
in accordance with 42 U.S.C. § 4654. That statute provides that in a case like this, where
judgment has been rendered awarding just compensation for the taking of property by a federal
agency, the Court “shall determine and award” that amount necessary to reimburse plaintiff for
“his reasonable costs, disbursements, and expenses, including reasonable attorney, appraisal, and
engineering fees,” incurred in the case. This motion and the accompanying materials describe
and document Lost Tree’s fees and expenses for this case, demonstrate that they are reasonable,
and thus establish that they should be awarded to Lost Tree.
This motion addresses Lost Tree’s fees and expenses through July 26, 2017. Treatment
of fees and expenses from that date through the scheduled October 6 hearing on this motion is
discussed below at p. 17.
The total amounts Lost Tree seeks by this motion are 1) $2,024,779.76 for attorneys’ fees
of Lost Tree’s counsel Greenberg Traurig, LLP and litigation expenses paid by counsel, 2)
$49,881.54 for engineering/consulting fees and expenses,1 3) $14,394.15 for appraisal fees and
expenses, and 4) $28,548.83 for trial travel and other case-related expenses incurred and paid by
Lost Tree. The overall total (through July 26, 2017) is $2,117,604.28. Exhibit 1 to this motion is
a schedule summarizing these fees and expenses and categorizing them into various times
periods described below. Other exhibits to this motion are described below.
The accompanying Appendix, filed under seal in accordance with the protective order
entered January 16, 2009, contains 1) documentation substantiating the fees and expenses Lost

1

As discussed below, regardless whether costs in this category are considered engineering or
consulting fees, they were all reasonably incurred to support Lost Tree’s pursuit of this case.

 Case 1:08-cv-00117-CFL Document 173 Filed 07/28/17 Page 6 of 34

Tree has incurred, including copies of a) all invoices to Lost Tree from Greenberg Traurig for
this case through July 26, 2017, and all invoices to Lost Tree from those that provided the
engineering/consulting and appraisal services for this case,2 and b) invoices and other
documentation for other case-related expenses incurred by Lost Tree (e.g., for travel by Lost
Tree’s President Mr. Bayer), 2) a declaration of Jerry Stouck, Lost Tree’s lead counsel, attesting
to a) the reasonableness and appropriateness of the legal fees incurred by Lost Tree and claimed
in this motion, and b) the fact that invoices and other material in the Appendix reflect fees and
expenses incurred by Lost Tree in this case, and 3) two other declarations described below
attesting to fees and expenses incurred for this case directly by Lost Tree. An index to the
Appendix is in the table of contents to this motion.3
DISCUSSION
I.

LOST TREE IS ENTITLED TO RECOVER ITS FEES AND EXPENSES
Lost Tree’s entitlement to the fees and expenses it incurred in this case, and claims here,

should be clear for two fundamental reasons.
First, both the Supreme Court and the Federal Circuit have recognized that “‘the most
critical factor’ in determining the reasonableness of a fee award ‘is the degree of success
obtained.’” Hubbard v. United States, 480 F.3d 1327, 1333 (Fed. Cir. 2007) (quoting Hensley v.
2

At the request of the government’s counsel, we have also provided the government the
information and data shown on Greenberg Traurig’s invoices in electronic format, to facilitate
review.
3

Lost Tree believes that Greenberg Traurig’s invoices fully substantiate the amount of the caserelated expenses, as well as the legal fees, that Lost Tree incurred that appear on those invoices.
Under firm policies, vendor expenses will not be processed or invoiced to clients without proper
documentation, which must include sufficient information/description so that the responsible
attorney can review and approve the expense for payment. Nonetheless, the Appendix also
includes expense “backup” documentation for virtually all expenses that appear on Greenberg
Traurig’s invoices (backup for certain copying charges, postage, Westlaw charges and other
minor expense items is not available).
2

 Case 1:08-cv-00117-CFL Document 173 Filed 07/28/17 Page 7 of 34

Eckerhart, 461 U.S. 424, 436 (1983)); see Hensley, 461 U.S. at 435 (“Where a plaintiff has
obtained excellent results, his attorney should recover a fully compensatory fee. . . . The result is
what matters”) (footnote omitted). In this case, Lost Tree has achieved complete success on the
sole claim in its complaint, a regulatory takings claim arising from the denial of a Section 404
permit at Plat 57. And perhaps more importantly, while this case was hard fought and longfought, Lost Tree has prevailed completely on what both parties and the Court recognized from
the outset was the principle issue to be decided – the “relevant parcel” issue.
Although after trial this Court initially did not accept Lost Tree’s legal position on that
issue, Lost Tree persuaded the Court to make extensive factual findings based on detailed
stipulations and trial testimony presented by Lost Tree, and the Federal Circuit credited those
factual findings completely in the first appeal. Lost Tree prevailed in that first appeal, where the
Federal Circuit fully accepted Lost Tree’s position on the relevant parcel issue, and Lost Tree
successfully defeated the government’s rehearing petition. Lost Tree then prevailed fully in the
remand proceedings, defeating the government’s effort to re-open the record and obtaining a just
compensation award closely approximating the fair market value Lost Tree claimed for Plat 57.
Lost Tree then prevailed in the second Federal Circuit appeal, and again successfully defeated
the government’s rehearing petition there. Most recently, Lost Tree’s brief in opposition to the
Supreme Court defeated the Solicitor General’s petition for certiorari in toto – the Court did not
accept either the government’s primary request that the Court hear this case together with Murr
v. Wisconsin, No. 15-214, or the government’s secondary request that the Court hold the petition
and then remand it after deciding Murr.

3

 Case 1:08-cv-00117-CFL Document 173 Filed 07/28/17 Page 8 of 34

In short, because “[t]he result is what matters,” Hensley, 461 U.S. at 435, Lost Tree is
entitled to recover the fees and expenses it reasonably incurred throughout the long history of
this case.
The second reason the Court should award Lost Tree the fees and expenses it claims is
that with very minor exceptions noted in the margin, Lost Tree already has paid in full all of the
fees and expenses it claims.4 Lost Tree paid those fees and expenses without knowing what the
outcome of this case would be, or thus whether its outlays would be recoverable from the
government under 42 U.S.C. § 4654. As this Court wisely explained more than 30 years ago,
“[w]here, as here, attorney and client have agreed on the time to be spent and the rates to be
charged, the market has spoken and there is no reason for the court to reverse engineer the
process. In reaching agreement, lawyer and client have already considered and weighed all the
relevant factors.” Florida Rock Industries, Inc. v. United States, 9 Cl. Ct. 285, 290 (1985)
(footnote omitted).
For purposes of describing the legal, engineering/consulting and appraisal work
performed for Lost Tree in this case, and showing that the fees and expenses for that work are
reasonable, it is useful to divide proceedings in the case into the following categories and
approximate time frames:
August 2007 to May 2010 – Complaint, Initial Discovery, Stipulations and CrossMotions for Summary Judgment. During this period Lost Tree filed its complaint and the parties
then conducted discovery, negotiated and agreed on stipulations of fact, and briefed and argued

4

Apart from Greenberg Traurig invoices less than 90 days old, and except for the $7939.30 in
deferred attorneys’ fees mentioned in footnote 7, Lost Tree has paid all the fees and expenses
claimed in this motion.
4

 Case 1:08-cv-00117-CFL Document 173 Filed 07/28/17 Page 9 of 34

cross-motions addressed to the relevant parcel issue. The Court’s summary judgment opinion
was issued publicly on May 27, 2010.
June 2010 to August 2011 – Additional Discovery, Pretrial and Trial Proceedings.
During this period the parties completed fact and conducted expert discovery, prepared and
submitted pretrial submissions, made a site visit with the Court, conducted a seven-day trial and
prepared and submitted post-trial briefs. The Court’s post-trial opinion was issued publicly on
August 26, 2011.
September 2011 to June 2013 – First Federal Circuit appeal. During this period the
parties briefed and argued the first appeal in this case, and briefed the government’s petition for
en banc review of the first Federal Circuit decision, which issued on January 10, 2013.
July 2013 to March 2014 – Remand Proceedings. During this period the parties briefed
and argued matters identified by the Federal Circuit for further consideration in light of its ruling
that Plat 57 alone is the relevant parcel for takings purposes. The Court on March 14, 2014
issued an opinion granting Lost Tree’s motion for judgment on the existing record and denied the
government’s cross-motion.
April 2014 to November 2015 – Second Federal Circuit appeal. During this period the
parties briefed and argued the second appeal in this case, and briefed the government’s petition
for en banc review of the second Federal Circuit decision, which issued on June 1, 2015.
December 2015 to June 2017 – Supreme Court proceedings. During this period the
parties briefed the government’s petition for certiorari, and periodically apprised this Court of the
status of that petition, which the Supreme Court denied on June 27, 2017.
July 2017 to final judgment – Proceedings to determine final judgment amount. During
this period the parties addressed the amount of interest and attorneys’ and other fees and

5

 Case 1:08-cv-00117-CFL Document 173 Filed 07/28/17 Page 10 of 34

expenses due to Lost Tree and other matters necessary for Lost Tree to obtain a final judgment
on all issues.
II.

FEES AND EXPENSES DURING EACH PHASE OF THE CASE.
In this section we further describe the work performed by Lost Tree’s attorneys during

each of the periods identified above, specify the associated fees and expenses for that work, and
describe engineering/consulting and appraisal work supporting this case during certain of the
periods and the cost of that work, which also is compensable under 42 U.S.C. § 4654.
A.

August 2007 to May 2010 – Complaint, Initial Discovery, Stipulations and
Cross-Motions for Summary Judgment.

After Lost Tree prepared and filed its complaint, discovery in this period involved
document requests and interrogatories by both parties, as well as four fact depositions (appraisers
and another government expert were not deposed until later). The parties also devoted
substantial time and effort to reaching agreement on 163 detailed stipulations of fact
accompanied by 26 documentary exhibits. Also voluminous were Lost Tree’s motion for
summary judgment on the parcel-as-a-whole issue and its proposed findings of uncontroverted
fact and supporting declarations, the government’s cross-motion and the parties’ oppositions and
reply briefs. Preparation by Lost Tree’s counsel for the oral argument on the motions was
extensive. This segment of the case ended with review and analysis of the Court’s opinion
denying the cross motions, which issued publicly on May 27, 2010.
Attorneys’ fees and expenses. During this period Lost Tree incurred attorneys’ fees of
$621,909.00, and litigation expenses for transcripts, travel, legal research and other matters of
$43,365.38. See Exhibit 1. Those fees and expenses are all reflected on invoices from Lost

6

 Case 1:08-cv-00117-CFL Document 173 Filed 07/28/17 Page 11 of 34

Tree’s counsel Greenberg Traurig, all of which are included in the Appendix at A5-A142.5
Exhibit 2 to this motion provides further detail about the attorneys’ fees Lost Tree incurred in
this case; it contains a schedule for each time period identified in this motion showing all
attorneys, paralegals and litigation support personnel who worked on this case for Lost Tree, the
number of hours they worked, their respective hourly billing rates at the time and the resulting
fees – i.e., hours times rate. Greenberg Traurig initially billed Lost Tree at its standard hourly
rates for all timekeepers, but as reflected in Exhibit 2, beginning in 2010 the firm discounted its
rates by about 5 to 15% for the principal timekeepers, Mr. Stouck, Ms. Diaz and paralegal
Tammy Goggans. See Blum v. Stenson, 465 U.S. 886, 895-96 n.11 (1984) (a reasonable rate is
one based on the “market rate” and “in line with those [rates] prevailing in the community for
similar services by lawyers of reasonably comparable skill, experience, and reputation.”).
All of the fees incurred by Lost Tree during this period and all the litigation expenses are
reasonable for the work performed and should be awarded to Lost Tree under 42 U.S.C. § 4654.6
Engineering/consulting fees and expenses. Many of the stipulations the parties entered
addressed the historical development of the John’s Island Community, including the construction
of various infrastructure features like causeways and canals. Other stipulations addressed the

5

Some individual Greenberg Traurig invoices contain time charges that fall into two of the time
periods identified in this motion. Fee amounts reported in this motion and its exhibits are for the
time periods indicated, even if the invoices on which they appear “straddle” two periods, because
time charges underlying the Greenberg Traurig invoices are also kept in electronic format that
make it easy to date the charges. See note 2 above. However, stated expense amounts may not
fall precisely into the time period specified in this motion and Exhibit 2. While some small
amount of expenses may thus be attributed here to the “wrong” period, overall expense totals are
correct.
6

During discovery Greenberg Traurig agreed to defer payment of $7,939.30 of the fees incurred
during this period until the completion of the case. See Letter from Mr. Stouck to Mr. Bayer
dated March 13, 2009, at A75. Thus, while during this period Lost Tree incurred fees of
$621,909.00, it only paid Greenberg Traurig $613,969.70 ($621,909.00 less $7,939.30).
7

 Case 1:08-cv-00117-CFL Document 173 Filed 07/28/17 Page 12 of 34

necessary permits Lost Tree sought and/or obtained for that work, and also, more recently, for
development of residual lots at Plat 54 and Plat 57. To assist Lost Tree’s counsel in
understanding the historical record and its significance, Greenberg Traurig worked with Stephen
Melchiori, a consultant engaged by Lost Tree. Mr. Melchiori has unique knowledge of the
historical record because he worked for the engineering firm that performed the infrastructure
work at John’s Island and contributed to that work, and more recently he was Lost Tree’s project
manager in seeking permits at Plat 54 and Plat 57. During this period Mr. Melchiori also
performed other services in support of the case in preparing for and attending his first deposition,
assisting in preparing Mr. Bayer for his first deposition and assisting counsel in preparing for the
depositions of government witnesses.
Mr. Melchiori’s fees and expenses for supporting the case during this time period total
$12,747.67. Exhibit 3 to this motion contains a schedule showing, for each time period
identified in this motion, Mr. Melchiori’s fees and expenses for work on this case. That exhibit
also shows Mr. Melchiori’s fees and expenses for this case as billed on a monthly basis. Because
Mr. Melchiori also performed other unrelated consulting work for Lost Tree, he reviewed his
invoices to Lost Tree from February 2010 forward to identify the work he did and time he spent
to support this case and made notations on those invoices documenting that time. Those invoices
containing Mr. Melchiori’s notations on them indicating work for this case are included in the
Appendix at A859-A900. Prior to February 2010 Mr. Melchiori’s invoices to Lost Tree showed
only a monthly fee amount. For that period Mr. Melchiori carefully reviewed Greenberg
Traurig’s invoices, and based on the work counsel was doing, he determined the time he spent
assisting counsel and made notations on his invoices to Lost Tree documenting that time. Mr.
Melchiori’s pre-February 2010 invoices and his notations on them indicating work for this case

8

 Case 1:08-cv-00117-CFL Document 173 Filed 07/28/17 Page 13 of 34

are also included in the Appendix at A901-A924. The Appendix also contains a declaration from
Mr. Melchiori attesting to his work on the case and his review of invoices as described here,
A856.
In late 2008 and early 2009, Lost Tree also incurred $6,193.54 in fees and expenses for
work supporting this case by B.K.I., Inc., environmental consultants that worked on the Section
404 permit application at Plat 57 and also provided assistance to counsel in this case. The
pertinent invoices for that work and related documentation are included in the Appendix at
A955-A963, together with a declaration from Lost Tree’s Vice President Hank Stevens, A937,
attesting to the work that B.K.I., Inc. performed for the case and Lost Tree’s payment of its
invoices.
Whether considered engineering fees, or litigation expenses, the fees of Mr. Melchiori
and B.K.I., Inc. and related expenses are compensable under 42 U.S.C. § 4654 and should be
awarded to Lost Tree. They were reasonably incurred in support of Lost Tree’s pursuit of its
takings claim in this case.
B.

June 2010 to August 2011 – Additional Discovery, Pretrial and Trial
Proceedings.

Shortly after this Court’s May 27, 2010 opinion denying summary judgment and after a
status conference with the parties, the Court on July 13 entered a scheduling order that set trial
for March 2011. That order also requested the parties to provide by October 2010 deadlines for
completion of fact and expert discovery and motions in limine, and a trial plan including a site
visit. During this period the parties completed fact discovery (including four additional
depositions), conducted expert discovery of appraisers for each party and another government
expert, participated in a site visit by the Court on January 31, 2011, prepared and submitted all
requisite pretrial submissions, participated in a pre-trial conference, conducted a seven-day trial
9

 Case 1:08-cv-00117-CFL Document 173 Filed 07/28/17 Page 14 of 34

partly in Washington, D.C. and partly in Ft. Pierce, Florida, and prepared and submitted posttrial briefs. The Court’s post-trial opinion was issued publicly August 26, 2011, directing that
judgment be entered for the government, which it was.
Attorneys’ fees and expenses. During this period Lost Tree incurred and paid Greenberg
Traurig attorneys’ fees of $531,196.20, see Exhibit 1, and incurred litigation expenses for
transcripts, travel, legal research and other matters of $57,173.76. Those fees and expenses are
all reflected on invoices from Lost Tree’s counsel Greenberg Traurig, which are included in the
Appendix at A143-A295.7 Exhibit 2 to this motion provides detail on the timekeepers, hours
worked and billing rates leading to the fees incurred in this period. All of these fees and
expenses are reasonable for the work performed and should be awarded to Lost Tree under 42
U.S.C. § 4654.
Engineering/consulting fees and expenses. During this period Mr. Melchiori performed
additional services in support of the case, i) preparing an engineering cost estimate for
development of Plat 57 that Lost Tree’s appraisal expert Peter Armfield used in his appraisal
report and testimony, ii) preparing for and giving a second deposition, iii) assisting counsel in
preparing for Mr. Armfield’s deposition and trial testimony and in taking the deposition of the
government’s appraisal expert and preparing for his cross examination at trial, iv) preparing for
and presenting his own (Mr. Melchiori’s) trial testimony, and v) assisting counsel with Mr.
Bayer’s second deposition and with other trial matters including Mr. Bayer’s trial testimony.

7

Exhibit 1 reports a figure for “attorneys expenses” during this period of $54,419.78, which is
$2,753.98 lower than the $57,173.76 incurred as reported in the text, because $5,507.99 of the
incurred expenses was for copying charges, see A201 (April 7, 2011 Greenberg Traurig invoice),
and the government reimbursed Lost Tree $2753.98 of that amount, approximately half
($5,507.99 divided by 2 equals $2,753.995). We have a record of that reimbursement check,
A214, and cannot explain the discrepant credit of $2,754.01 that the firm provided Lost Tree, see
A262 (February 3, 2012 Greenberg Traurig invoice).
10

 Case 1:08-cv-00117-CFL Document 173 Filed 07/28/17 Page 15 of 34

Mr. Melchiori’s fees and expenses for supporting the case during this time period total
$29,927.83, as shown on Exhibit 3. Because Mr. Melchiori also performed other unrelated
consulting work for Lost Tree, he reviewed his invoices to identify the work he did to support
this case during this period. Those invoices and Mr. Melchiori’s notations on them indicating
work for this case are included in the Appendix at A866-A894, together with Mr. Melchiori’s
related declaration, A856. Whether considered engineering fees, or litigation expenses, those
fees and related expenses are compensable under 42 U.S.C. § 4654 and should be awarded to
Lost Tree. They were reasonably incurred in support of Lost Tree’s pursuit of its takings claim.
Appraisal fees and expenses. During this period Mr. Armfield completed an
appraisal/expert report, was deposed, assisted counsel in preparing for the deposition of the
government’s appraisal and testified at trial. Mr. Armfield’s fees and expenses for his services
totaled $14,394.15 as shown on Exhibit 1. Those fees and expenses are identified in two
invoices included in the Appendix, A934, A935, which Mr. Armfield submitted to Greenberg
Traurig and Lost Tree paid; see A179, A232 (January 7 and June 7, 2011 Greenberg Traurig
invoices including Armfield invoice amounts).8 Whether considered appraisal or expert witness
fees, or general litigation expenses, Mr. Armfield’s fees and expenses are compensable under 42
U.S.C. § 4654 and should be awarded to Lost Tree. They were reasonably incurred in support of
Lost Tree’s pursuit of its takings claim.
Lost Tree direct expenses for trial. During this period Lost Tree directly incurred and
paid $28,548.83 for trial-related travel and other expenses, as shown on Exhibit 1. Invoices and

8

The “attorneys expense” amount of $54,419.78 for this period shown on Exhibit 1 is net of Mr.
Armfield’s fees and expenses, because those are reported separately on Exhibit 1 even though
they were billed through Greenberg Traurig.
11

 Case 1:08-cv-00117-CFL Document 173 Filed 07/28/17 Page 16 of 34

other documentation for these expenses is included in the Appendix at A939-A954, together with
Mr. Stevens’ declaration attesting to these expenses, A937.
C.

September 2011 to June 2013 – First Federal Circuit Appeal.

Attorneys’ fees and expenses. Lost Tree filed its notice of appeal on October 14, 2011,
and thereafter counsel prepared opening and reply briefs as well as a voluminous appendix,
analyzed the government’s appeal brief, and prepared for and presented the oral argument held
July 12, 2012. The Federal Circuit decision was issued January 10, 2013, reversing on the
relevant parcel issue and remanding. After the government petitioned for en banc review the
Court requested a response, which counsel prepared and filed. The petition was then denied.
Greenberg Traurig agreed with Lost Tree to perform all legal work on the appeal
(through the panel decision) under an alternative fee arrangement providing for a fixed fee of
$67,500, and an additional $300,000 fee payable only if and when Lost Tree finally prevailed in
the case, plus expenses. That was a reasonable fee agreement for the parties to enter given this
Court’s post-trial decision, and the uncertain prospects for Lost Tree to prevail on appeal, and
ultimately in this case. Under that agreement, Lost Tree incurred and paid fees during this period
of $93,890.86, as shown on Exhibit 1 ($67,500 plus $26,390.86, the latter amount for work
unrelated to the appeal to the panel, such as work on the rehearing petition response and other
work after the panel opinion). Lost Tree also incurred and paid expenses relating to the appeal of
$6,187.95, for legal research, appendix materials, and other matters, as also shown on Exhibit 1.
Because Lost Tree has prevailed in the case, it now owes Greenberg Traurig the deferred fee of
$300,000. See A471 (July 27, 2017 Greenberg Traurig invoice). The fees Lost Tree already
paid for the first appeal and the $300,000 deferred payment as well as associated expenses are
reasonable for the work performed and should be awarded to Lost Tree under 42 U.S.C. § 4654.
See Preseault v. United States, 52 Fed. Cl. 667, 676 (2002) (“So long as it is reasonable, the
12

 Case 1:08-cv-00117-CFL Document 173 Filed 07/28/17 Page 17 of 34

URA will relieve successful plaintiffs of whatever obligation they incurred to obtain legal
representation to assert their rights”).9
Engineering/consulting fees and expenses. During this period Mr. Melchiori performed a
small amount of work supporting the case, primarily in reviewing appeal briefs, resulting in fees
and expenses of $1,012.50 as shown on Exhibit 3. Because Mr. Melchiori also performed other
unrelated consulting work for Lost Tree, he reviewed his invoices to identify the work he did to
support this case. Those invoices and Mr. Melchiori’s notations on them indicating work for this
case are included in the Appendix at A895-A900. Those fees are reasonable for the work
performed and should be awarded to Lost Tree under 42 U.S.C. § 4654.
D.

July 2013 to March 2014 – Remand Proceedings.

Attorneys’ fees and expenses. After the Federal Circuit reversed and remanded and then
denied en banc review, counsel performed the work necessary to comply with the appellate
mandate, which included briefing whether the factual record should be re-opened and a new
valuation theory should be applied to Plat 57, as the government proposed. Counsel prepared
and submitted a motion for judgment, analyzed the government’s cross-motion and performed
the work appropriate for the respective oppositions and replies and to prepare for and present
oral argument on the cross-motions. The Court issued its remand decision on March 14, 2014,
directing that final judgment be entered under Rule 54(b) awarding Lost Tree just compensation
plus interest, and stating that the Court would address fees and expenses under 42 U.S.C. § 4654
9

During this period Greenberg Traurig recorded all time devoted to work on the appeal, resulting
in time charges totaling $184,922.50. Those charges, and the appeal expenses during this period
of $6,187.95, are shown on Greenberg Traurig’s invoices to Lost Tree in the Appendix, A244A313. Exhibit 2 to this motion provides further detail on the time charges recorded during this
period. The alternate fee agreement for the first appeal provides that if the success fee is not
paid, Lost Tree would pay Greenberg Traurig the unpaid time charges for legal work on the
appeal, which amount to $91,031.64. See A252 (Letter from Mr. Stouck to Mr. Bayer dated
October 20, 2011).
13

 Case 1:08-cv-00117-CFL Document 173 Filed 07/28/17 Page 18 of 34

after all proceedings respecting that judgment have been completed. Judgment was entered
March 19, 2014.
During this period Lost Tree incurred and paid attorneys’ fees of $43,484.50, and
litigation expenses for transcripts, legal research and other matters of $1,018.39. Those fees and
expenses are all reflected on invoices from Lost Tree’s counsel Greenberg Traurig, which are
included in the Appendix at A309-A339. Exhibit 2 to this motion provides further detail on
those attorneys’ fees. All of these fees and the associated expenses are reasonable for the work
performed and should be awarded to Lost Tree under 42 U.S.C. § 4654.
E.

April 2014 to November 2015 – Second Federal Circuit Appeal.

Attorneys’ fees and expenses. The government filed its notice of appeal on May 16,
2014, and thereafter counsel analyzed the government’s brief, prepared Lost Tree’s appeal brief
and prepared for and presented the oral argument held January 7, 2015. The Federal Circuit’s
second decision was issued June 1, 2015, affirming this Court’s judgment. The government
petitioned for en banc review, again on the relevant parcel issue and also on the question whether
investment-backed expectations are relevant to a Lucas taking. After the Federal Circuit
requested a response, counsel prepared and filed one. The petition was then denied.
During this period Lost Tree incurred and paid attorneys’ fees of $153,973.00, and
litigation expenses for transcripts, legal research and other matters of $1,451.54. Those fees and
expenses are all reflected on invoices from Lost Tree’s counsel Greenberg Traurig, which are
included in the Appendix at A340-A403. Exhibit 2 to this motion provides further detail on
those attorneys’ fees. All of these fees and the associated expenses are reasonable for the work
performed and should be awarded to Lost Tree under 42 U.S.C. § 4654.

14

 Case 1:08-cv-00117-CFL Document 173 Filed 07/28/17 Page 19 of 34

F.

December 2015 to June 2017 – Supreme Court Proceedings.

Attorneys’ fees and expenses. After the second Federal Circuit decision, the government
sought and obtained two extensions of time within which to file a petition for certiorari in the
Supreme Court. During that period Greenberg Traurig prepared for and attended a meeting in
the Solicitor General’s office, attended by numerous government attorneys, in an effort to
persuade the government not to seek Supreme Court review, and also prepared several status
reports to keep this Court apprised of the case status. The government filed its petition for
certiorari on March 22, 2016. The petition requested the Court to set this case for argument
together with Murr v. Wisconsin, No. 15-214, a case already before the Court presenting a
“relevant parcel” issue, or, in the alternative, to hold the government’s petition in this case until
Murr was decided and then address the petition in light of Murr. Lost Tree’s counsel filed a
brief in opposition that explained neither alternative had merit.
When it became apparent that the Court had rejected the government’s primary request
and instead was holding its petition in this case pending a decision in Murr, Greenberg Traurig
following proceedings in the Murr case, which the Court decided on June 24, 2017. On June 27,
the Court denied the government’s petition in this case.
During this period Lost Tree incurred and paid attorneys’ fees of $103,305.50, and
litigation expenses for legal research, printing and other matters of $5,685.54. Those fees and
expenses are all reflected on invoices from Lost Tree’s counsel Greenberg Traurig, which are
included in the Appendix at A404-A470. Exhibit 2 to this motion provides further detail on
those attorneys’ fees. All of these fees and the associated expenses are reasonable for the work
performed and should be awarded to Lost Tree under 42 U.S.C. § 4654.

15

 Case 1:08-cv-00117-CFL Document 173 Filed 07/28/17 Page 20 of 34

G.

July 2017 to Final Judgment – Proceedings To Determine Final Judgment
Amount.

Following the Supreme Court’s denial of the government’s cert. petition, counsel
immediately began preparing this fees motion, which has required a detailed review of
proceedings and billing records in this case since it was filed in February 2008. Given that it has
now been 13 years since the date of the taking in August 2004, counsel also has re-assessed the
Court’s conclusion in its March 2014 opinion that the appropriate rate of interest on the just
compensation award to Lost Tree is the 10-year Treasury STRIPS rate. Counsel prepared for
and attended the status conference held July 14, 2017, at which the parties and the Court
discussed how best to resolve the outstanding interest and fees matters. Following that
conference counsel finalized and filed this fee petition and expects to discuss the petition with
the government in an attempt to resolve the fees issue by agreement to the extent possible.
Following the July 14 conference, Lost Tree also decided that although it believes a 13-year
Treasury STRIPS interest rate is undoubtedly appropriate, in the interest of finalizing this case, it
will pursue agreement with the government on the total interest amount due using a 10-year
Treasury STRIPS rate rather than moving at this time to re-open the judgment to seek a different
interest rate. Counsel also will review the government’s response to this motion, which is due
September 22, and as appropriate will file a reply to that response and will prepare for and
present argument on this motion at the hearing currently set for October 6, 2017. If the parties
are unable to reach agreement on the amount of interest due pursuant to the March 19, 2014
judgment, Lost Tree will file an appropriate motion in time to have the Court address the matter
at the October 6 hearing.
Because Lost Tree has prevailed in this case, Lost Tree owes the deferred fees discussed
in note 6 above and on page 12. The former ($7,939.30) were previously billed to Lost Tree, and
16

 Case 1:08-cv-00117-CFL Document 173 Filed 07/28/17 Page 21 of 34

Greenberg Traurig has included the latter ($300,000) on its only invoice to Lost Tree thus far in
this post-Supreme Court period. A471. Thus, during this period and through July 26, 2017,
Lost Tree has incurred attorneys’ fees of $364,655.00, and litigation expenses for legal research
and other matters of $227.12. Those amounts are shown on Exhibit 1. Exhibit 2 to this motion
provides further detail on the time charges included in those attorneys’ fees. All of these fees
and the associated expenses are reasonable for the work performed and should be awarded to
Lost Tree under 42 U.S.C. § 4654.
As noted at the outset, this motion addresses Lost Tree’s fees and expenses through July
26, 2017, and the Appendix includes all appropriate backup material documenting those fees and
expenses, including an invoice from counsel to Lost Tree dated July 27, 2017, A471. After filing
this motion counsel will submit to the government the invoices it submits to Lost Tree or other
documentation of the fees and expenses Lost Tree incurs for work performed after July 26, so
that those fees and expenses can be included in the parties’ discussions. Just prior to the
October 6 hearing counsel will file a brief supplement to this motion (and a brief supplemental
Appendix) addressing the fees and expenses Lost Tree has incurred from July 26 to the date of
that supplement. Because Lost Tree will have made the government aware of these fees and
expenses and provided the government supporting invoices and/or other documentation for those
fees and expenses, the government should be prepared to address those fees and expenses (from
July 26 forward) at the October 6 conference.
After the final amount of fees and expenses under 42 U.S.C. § 4654 and interest have
been determined, counsel also expects to file a motion for final judgment.

17

 Case 1:08-cv-00117-CFL Document 173 Filed 07/28/17 Page 22 of 34

CONCLUSION
For the reasons set for above and as documented in the attached Exhibits and
accompanying Appendix, Lost Tree respectfully requests that the Court award it $2,117,604.28,
pursuant to 42 U.S.C. § 4654, for it reasonable costs, disbursements, and expenses, including
reasonable attorney, appraisal, and engineering fees, incurred in the case.

Dated: July 28, 2017

Respectfully submitted,
/s/Jerry Stouck
JERRY STOUCK
Greenberg Traurig, LLP
2101 L Street, N.W.
Suite 1000
Washington, D.C. 20037
(202) 331-3173 (Telephone)
(202) 261-4751 (Facsimile)
Counsel for Plaintiff
LOST TREE VILLAGE CORPORATION

18

 Case Document 173 Filed 07/28/17 Page 23 of 34

EXHIBIT 1

Case 1:08-cv-00117-CFL Document 173 Filed 07/28/17 Page 24 of 34
Lost Tree Village Corporation v. United States
Exhibit 1 ‐ Summary of All Fees and Expenses

Time Period
8/2007 ‐ 5/2010
6/2010 ‐ 8/2011
9/2011 ‐ 6/2013
7/2013 ‐ 3/2014
4/2014 ‐ 11/2015
12/2015 ‐ 6/2017
7/2017 ‐ Final Judgment  4

Attorneys Fees and Expenses 1
Fees
$        621,909.00
$        531,196.20
$          93,890.86
$          43,484.50
$        153,973.00
$        103,305.50

Total
$      665,274.38
$      585,615.98
$      100,078.81
$        44,502.89
$      155,424.54
$      108,991.04

Fees
$     17,250.00
$     28,000.00
$           937.50
$                  ‐
$                  ‐
$                  ‐

$        364,665.00 $             227.12 $      364,892.12 $                  ‐

Totals

Total Fees and Costs

Expenses
$        43,365.38
$        54,419.78
$          6,187.95
$          1,018.39
$          1,451.54
$          5,685.54

Engineering/Consulting Fees and 
Expenses 2

$  2,024,779.76

$  2,117,604.28

Notes:
1
 Greenberg Traurig, LLP
2
 Melchiori and B.K.I. Inc.
3
 Armfield's fees and expenses appear on GT's invoices for services rendered 12/2010 and 5/2011
4
 Through July 26, 2017; to be supplemented

Appraisal Fees 
and Expenses 3

Lost Tree 
Direct 
Expenses

Total

Expenses
$   1,691.21
$   1,927.83
$         75.00
$             ‐
$             ‐
$             ‐

Total
$    18,941.21
$    29,927.83 $             14,394.15
$       1,012.50
$                 ‐
$                 ‐
$                 ‐

$                    ‐
$       28,548.83
$                    ‐
$                    ‐
$                    ‐
$                    ‐

$           684,215.59
$           658,486.79
$           101,091.31
$             44,502.89
$           155,424.54
$           108,991.04

$             ‐

$                 ‐

$                    ‐

$           364,892.12

$    49,881.54 $             14,394.15 $       28,548.83 $        2,117,604.28

 Case Document 173 Filed 07/28/17 Page 25 of 34

EXHIBIT 2

Case 1:08-cv-00117-CFL Document 173 Filed 07/28/17 Page 26 of 34
Lost Tree Village Corporation v. United States
Exhibit 2: Billing Summary
Period: August 2007‐May 2010: Discovery, Stipulations and Cross‐Motions for Summary Judgment
FEES:

Matter #
10200
10200
10200
10200
10200
10200
10200
10200
10200
10200
10200
10200
10200
10200
10200
10200
10200
10200
10200
10200
10200
10200
10200
10200
10200
10200
10200
10200
10200

TimeKeeper
Stouck, Jerry
Stouck, Jerry
Stouck, Jerry
Stouck, Jerry
Sklar, Maggie E.
Sklar, Maggie E.
Sklar, Maggie E.
Diaz, Danielle M.
Diaz, Danielle M.
Diaz, Danielle M.
Brown, Elliot D.
Butler, Gabrielle D.
Dempsey, Patrick G.
Dempsey, Patrick G.
Goggans, Tammy C.
Goggans, Tammy C.
Goggans, Tammy C.
Hellwig, Carla
Lee, Julie
Lee, Julie
Malefatto, Alfred J.
Menyeng, Salomon
Menyeng, Salomon
Nace, Jeff
Nace, Jeff
Schultz, James B.
Temple, Jason
Temple, Jason
Wolfe‐Bertling, Adam
Total Fees:

Year
2007
2008
2009
2010
2008
2009
2010
2007
2008
2009
2008
2008
2008
2009
2008
2009
2010
2009
2008
2009
2009
2009
2010
2008
2009
2008
2008
2009
2009

Total Hours 
for Period 
         36.10
         80.60
       310.50
         92.10
       252.40
       225.30
         49.80
         35.60
         40.10
           7.70
           5.00
           0.10
         81.60
           6.40
         11.60
       140.50
         16.30
           0.40
              ‐
           0.50
           0.30
         14.70
              ‐
           3.25
              ‐
           1.00
         12.75
           8.00
         12.36

 Standard 
Billing Rate 
$      575.00
$      645.00
$      660.00
$      700.00
$      350.00
$      370.00
$      455.00
$      240.00
$      260.00
$      275.00
$        50.00
$      210.00
$      265.00
$      265.00
$      220.00
$      230.00
$      230.00
$      230.00
$      200.00
$      210.00
$      550.00
         80.00
       125.00
$      200.00
$      200.00
$        90.00
$      150.00
$      150.00
$      175.00

 Adjusted 
Billing Rate 
       575.00
       645.00
       660.00
       660.00
       350.00
       370.00
       455.00
$      240.00
$       260.00
$       275.00
$         50.00
$       210.00
$       245.00
$       265.00
$       220.00
$       230.00
$       230.00
$       230.00
$       200.00
$       210.00
$       550.00
$         80.00
$       125.00
$       200.00
$       200.00
$         90.00
       140.00
       150.00
$       175.00

 Total Fees 
Billed 
$    20,757.50
$    51,987.00
$ 204,930.00
$    60,786.00
$    88,340.00
$    83,361.00
$    22,659.00
$      8,544.00
$    10,426.00
$      2,117.50
$         250.00
$           21.00
$    19,992.00
$      1,696.00
$      2,552.00
$    32,315.00
$      3,749.00
$           92.00
$                ‐
$         105.00
$         165.00
$      1,176.00
$                ‐
$         650.00
$                ‐
$           90.00
$      1,785.00
$      1,200.00
$      2,163.00
$ 621,909.00

 Case 1:08-cv-00117-CFL Document 173 Filed 07/28/17 Page 27 of 34
Lost Tree Village Corporation v. United States
Exhibit 2: Billing Summary
Period: June 2010 ‐ August 2011: Pretrial and Trial Proceedings

Matter #
10200
10200
10200
10200
10200
10200
10200
10200
10200
10200
10200
10200
10200
10200
10200
10200
10200
10200
10200
10200
10200
10200

TimeKeeper
Stouck, Jerry
Stouck, Jerry
Diaz, Danielle M.
Sklar, Maggie E.
Agno, Kathleen
Burns, Thomas A.
Butler, Gabrielle D.
De La Cruz, Gilda R.
Dyckman, Michael A.
Goggans, Tammy C.
Goggans, Tammy C.
Green, Corey
Green, Corey
Hannon, Thomas
Hellwig, Carla
Hellwig, Carla
Hung, Jorge
Jamrok, Gail L.
Marinez, Sylvia
Przygrodzki, Jozef S.
Temple, Jason
Temple, Jason
Total Fees:

Year
2010
2011
2011
2010
2011
2011
2011
2011
2010
2010
2011
2010
2011
2011
2010
2011
2010
2011
2011
2011
2010
2011

Total Hours 
for Period 
         94.70
       306.20
       478.30
         65.70
              ‐
           1.90
         18.60
           4.40
           0.60
         13.30
       262.85
         18.00
           8.58
           1.90
         55.10
           3.50
           1.00
         19.80
         11.70
         11.20
           3.00
         15.80

 Standard 
Billing Rate 
$      700.00
$      700.00
$      385.00
$      455.00
$      390.00
$      220.00
$      210.00
$      185.00
$      230.00
$      230.00
$      165.00
$      165.00
$      185.00
$      230.00
$      230.00
$        90.00
$      235.00
$      210.00
$      225.00
$      150.00
$      190.00

 Adjusted 
Billing Rate 
        660.00
        604.13
$       348.31
        455.00
$       185.00
$       390.00
$       220.00
$       175.00
$       185.00
$       230.00
$       181.05
$       165.00
$       165.00
$       185.00
$       230.00
$       230.00
$       100.00
$       235.00
$       210.00
$       225.00
        150.00
        150.00

 Total Fees 
Billed 
$       62,502.00
$     184,986.00
$     166,597.50
$       29,893.50
$                   ‐
$             741.00
$         4,092.00
$             861.00
$             111.00
$         3,059.00
$       47,588.00
$         2,970.00
$         1,415.70
$             351.50
$       12,673.00
$             805.00
$             100.00
$         4,653.00
$         2,457.00
$         2,520.00
$             450.00
$         2,370.00
$     531,196.20

 Case 1:08-cv-00117-CFL Document 173 Filed 07/28/17 Page 28 of 34
Lost Tree Village Corporation v. United States
Exhibit 2: Billing Summary
Period: September 2011‐June 2013: First Federal Circuit Appeal

Matter #
10200
10400
10400
10200
10400
10400
10200
10400
10200
10400
10400
10400
10200
10200

TimeKeeper
Stouck, Jerry
Stouck, Jerry
Stouck, Jerry
Stouck, Jerry
Diaz, Danielle M.
Diaz, Danielle M.
Diaz, Danielle M.
Charrow, Robert P.
Charrow, Robert P.
Dyckman, Michael A.
Goggans, Tammy C.
Goggans, Tammy C.
Goggans, Tammy C.
Sanderlin, Joshua R.
Total Time Charges:

Year
2011
2011
2012
2013
2011
2012
2013
2012
2013
2012
2011
2012
2013
2013

Total Hours 
for Period
            1.50
            0.70
       145.10
          23.50
          30.30
          55.80
            7.90
            1.20
            1.20
            0.30
            2.30
          83.00
          23.20
            9.80

Standard 
Billing Rate
$      700.00
$      700.00
$      735.00
$      735.00
$      385.00
$      415.00
$      415.00
$      800.00
$      825.00
$      185.00
$      230.00
$      245.00
$      245.00
$      265.00

Adjusted 
Billing Rate
$       600.00
$       700.00
$       695.00
$       657.60
$       385.00
$       415.00
$       350.57
$       800.00
$       825.00
$       185.00
$       230.00
$       245.00
$       180.00
$       265.00

Total Time 
Charges
$              900.00
$              490.00
$       100,844.50
$         15,453.50
$         11,665.50
$         23,157.00
$           2,769.50
$              960.00
$              990.00
$                55.50
$              529.00
$         20,335.00
$           4,176.00
$           2,597.00
$      184,922.50

 Case 1:08-cv-00117-CFL Document 173 Filed 07/28/17 Page 29 of 34
Lost Tree Village Corporation v. United States
Exhibit 2: Billing Summary
Period: July 2013‐March 2014: Remand Proceedings

Matter #
10200
10200
10200
10200
10200
10200
10200

TimeKeeper
Stouck, Jerry
Stouck, Jerry
Diaz, Danielle M.
Goggans, Tammy C.
Goggans, Tammy C.
Sanderlin, Joshua R.
Sanderlin, Joshua R.
Total Fees:

Year
2013
2014
2013
2013
2014
2013
2014

Total Hours 
for Period
25.20
6.80
41.10
13.70
1.50
2.00
6.30

Standard 
Billing Rate
$      735.00
$      735.00
$      415.00
$      245.00
$      270.00
$      265.00
$      295.00

Adjusted 
Billing Rate
$       685.00
$       685.00
$       400.00
$       180.00
$       180.00
$       265.00
$       295.00

Total Fees 
Billed
$     17,262.00
$       4,658.00
$     16,440.00
$       2,466.00
$          270.00
$          530.00
$       1,858.50
$     43,484.50

 Case 1:08-cv-00117-CFL Document 173 Filed 07/28/17 Page 30 of 34
Lost Tree Village Corporation v. United States
Exhibit 2: Billing Summary
Period: April 2014‐November 2015: Second Federal Circuit Appeal

Matter #
10200
10500
10500
10200
10500
10500
10500
10200
10500
10500
10500

TimeKeeper
Stouck, Jerry
Stouck, Jerry
Stouck, Jerry
Diaz, Danielle M.
Diaz, Danielle M.
Diaz, Danielle M.
Dyckman, Michael A.
Goggans, Tammy C.
Goggans, Tammy C.
Goggans, Tammy C.
Sanderlin, Joshua R.
Total Fees:

Year
2014
2014
2015
2014
2014
2015
2015
2014
2014
2015
2014

Total Hours 
for Period
            2.70
93.2
62.3
            0.50
          15.50
          25.60
            0.60
            1.50
11.1
27.2
14

Standard 
Billing Rate
$      735.00
$      735.00
$      755.00
$      470.00
$      470.00
$      530.00
$      185.00
$      270.00
$      270.00
$      295.00
$      295.00

Adjusted 
Billing Rate
$       685.00
$       735.00
$       755.00
$       400.00
$       470.00
$       530.00
$       185.00
$       180.00
$       270.00
$       295.00
$       295.00

Total Fees 
Billed
$       1,849.50
$    68,502.00
$    47,036.50
$          200.00
$       7,285.00
$    13,568.00
$          111.00
$          270.00
$       2,997.00
$       8,024.00
$       4,130.00
$  153,973.00

 Case 1:08-cv-00117-CFL Document 173 Filed 07/28/17 Page 31 of 34
Lost Tree Village Corporation v. United States
Exhibit 2: Billing Summary
Period: December 2015‐June 2017: Supreme Court Proceedings

Matter #
10200
10200
10200
10200
10200
10200
10200
10200
10200
10200
10200
10200

TimeKeeper
Stouck, Jerry
Stouck, Jerry
Stouck, Jerry
Diaz, Danielle M.
Chase, Ann
Goggans, Tammy C.
Goggans, Tammy C.
Goggans, Tammy C.
Klaus, Laura M.
Klaus, Laura M.
Mathews, Sarah
Mathews, Sarah
Total Fees:

Year
2015
2016
2017
2016
2016
2015
2016
2017
2016
2017
2016
2017

Total Hours 
for Period
2.6
87.1
23.8
1.3
0.3
0.3
23.2
1.2
10.1
0.4
16.6
10.4

Standard 
Billing Rate
$      755.00
$      775.00
$      810.00
$      530.00
$      185.00
$      295.00
$      300.00
$      345.00
$      840.00
$      925.00
$      480.00
$      540.00

Adjusted 
Billing Rate
$       685.00
$       685.00
$       685.00
$       400.00
$       185.00
$       180.00
$       300.00
$       300.00
$       650.00
$       650.00
$       395.00
$       395.00

Total Fees 
Billed
$        1,781.00
$      59,663.50
$      16,303.00
$           520.00
$              55.50
$              54.00
$        6,960.00
$           360.00
$        6,565.00
$           260.00
$        6,675.50
$        4,108.00
$    103,305.50

 Case 1:08-cv-00117-CFL Document 173 Filed 07/28/17 Page 32 of 34
Lost Tree Village Corporation v. United States
Exhibit 2: Billing Summary
Period: July 2017‐Final Judgment: Proceedings to Determine Final Judgment Amount

Matter #
TimeKeeper
10200 Stouck, Jerry
10200 Mathews, Sarah
10200 Goggans, Tammy
Total Fees:

Total Hours 
Year
for Period
2017
50.7
2017
21
2017
57.3

Standard 
Billing Rate
$      810.00
$      540.00
$      345.00

Adjusted 
Total Fees 
Billing Rate
Billed
$       750.00 $     38,025.00
$       450.00 $        9,450.00
$       300.00 $     17,190.00
$     64,665.00

 Case Document 173 Filed 07/28/17 Page 33 of 34

EXHIBIT 3

Case 1:08-cv-00117-CFL Document 173 Filed 07/28/17 Page 34 of 34
Lost Tree Village Corporation v. United States
Exhibit 3 ‐ Melchiori Fees & Expenses

8/1/2007
6/1/2010
9/1/2011
7/1/2013
4/1/2014
12/1/2015
7/1/2017
Date of Bill
Oct‐07
Jan‐08
Feb‐08
Mar‐08
Apr‐08
Aug‐08
Nov‐08
Jan‐09
Feb‐09
Mar‐09
Apr‐09
May‐09
Aug‐09
Nov‐09
Feb‐10
Mar‐10
May‐10
Jun‐10
Jul‐10
Aug‐10
Sep‐10
Oct‐10
Nov‐10
Dec‐10
Jan‐11
Feb‐11
Mar‐11
Apr‐11
May‐11
Jul‐11
Jan‐12
Mar‐12

5/31/2010
8/31/2011
6/30/2013
3/31/2014
11/30/2015
6/30/2017
7/31/2017
Hours

Rate

                      8.00
                      4.00
                    10.00
                      5.00
                      1.00
                      2.00
                      8.00
                      4.00
                      4.00
                      5.00
                      2.00
                      4.00
                      6.00
                      8.00
                      8.00
                      8.50
                      2.50
                      5.00
                      1.50
                    21.00
                    39.50
                    10.50
                      8.50
                      4.50
                    18.00
                    32.00
                    35.00
                    39.50
                      2.50
                      6.50
                      5.00
                      2.50

$               125.00
$               125.00
$               125.00
$               125.00
$               125.00
$               125.00
$               125.00
$               125.00
$               125.00
$               125.00
$               125.00
$               125.00
$               125.00
$               125.00
$               125.00
$               125.00
$               125.00
$               125.00
$               125.00
$               125.00
$               125.00
$               125.00
$               125.00
$               125.00
$               125.00
$               125.00
$               125.00
$               125.00
$               125.00
$               125.00
$               125.00
$               125.00

Fees
$  11,250.00
$  28,000.00
$        937.50
$              ‐
$              ‐
$              ‐
$              ‐

Expenses
$             1,497.67
$             1,927.83
$                  75.00
$                       ‐
$                       ‐
$                       ‐
$                       ‐

Total
$       12,747.67
$       29,927.83
$         1,012.50
$                   ‐
$                   ‐
$                   ‐
$                   ‐

Fees

Expenses

Total Billed

$       1,000.00
$          500.00
$       1,250.00
$          625.00
$          125.00
$          250.00
$       1,000.00
$          500.00
$          500.00
$          625.00
$          250.00
$          500.00
$          750.00
$       1,000.00
$       1,000.00
$       1,062.50
$          312.50
$          625.00
$          187.50
$       2,625.00
$       4,937.50
$      1,312.50
$      1,062.50
$          562.50
$      2,250.00
$      4,000.00
$      4,375.00
$      4,937.50
$          312.50
$          812.50
$          625.00
$          312.50
$    40,187.50

$                     98.41
$                          ‐
$                     67.90
$                          ‐
$                          ‐
$                          ‐
$                   622.50
$                          ‐
$                          ‐
$                   198.00
$                          ‐
$                   405.86
$                   105.00

$            1,098.41
$               500.00
$            1,317.90
$               625.00
$               125.00
$               250.00
$            1,622.50
$               500.00
$               500.00
$               823.00
$               250.00
$               905.86
$               855.00
$            1,000.00
$            1,000.00
$            1,062.50
$               312.50
$               625.00
$               187.50
$            2,625.00
$            5,097.50
$            1,312.50
$            1,062.50
$               562.50
$            2,382.88
$            4,000.00
$            4,450.00
$            6,497.45
$               312.50
$               812.50
$               625.00
$               387.50
$         43,688.00

$                          ‐
$                          ‐
$                          ‐
$                          ‐
$                          ‐
$                          ‐
$                   160.00
$                          ‐
$                          ‐
$                          ‐
$                   132.88
$                          ‐
$                     75.00
$                1,559.95
$                          ‐
$                          ‐
$                          ‐
$                     75.00
$                3,500.50