is claiming $117,183.40 $117,183.40 withregard with regard to defendingaagainst to defending gainsttthe he causes actionwhich of action causes of were which were dismissed 10,2014, onNovember that$18,830.00 butit appears ofthatamount dismissed on November 10, 2014, but it appears that $18,830.00 of that amount
was forfeesrelated was for toitsitsdefense fees related to defenseagainst against federal aafederal lawsuit lawsuit filed filed
with contemporaneously contemporaneously withthis state courtproceeding.However, thisstate proceeding. However, tthere hereis no is no
evidencettoo show evidence showwhich feeswere whichfees relatedto wererelated thestate tothe statecourt proceeding court proceeding andwhich and which
feesrelated fees thefederal to the related to courtcase federal court casebecause theactivity becausethe too weretoo activity descriptions were
heavilyredacted heavily redacted and and the feeswere the fees segregated notsegregated werenot betweenthe between twocases. the two cases. Plaintiffs Plaintiffs ssubmit ubmittthat hatit it was improper wasimproper forSilverado for claimreimbursement toclaim Silverado to for reimbursement for
feesthat chargeable werechargeable fees that were to anotherccase to another aseanddid relatedto notrelated and did not claimsthat to claims thatwere were dismissed dismissed November onNovember on 10,2014 10, pursuant 2014 pursuant to TRCPRule91a. toTRCP Rule 91a. Silverado Additionally Additionally and altematively, and alternatively, claims prospective ffees Silverado claimsprospective ees in the in the
of an eventof event appeal.However, anappeal. Plaintiffs However, Plaintiffs submitthat submit thatthe statements the statements ofJoshDavis of Josh Davis
regardinghhis regarding opinionas to is opinion theamounts to the ofreasonable amountsof reasonableandnecessary and feesfor necessaryfees for
handlingappeals handling ofthis appealsof matterare this matter supported notsupported arenot byevidence by andare evidence and conclusory. areconclusory. To wit, To wit,Mr.Davis' doesnot Mr. Davis' affidavit does provideany notprovide methodfor anymethod calculating forcalculating the the
ofreasonable amountsof amounts andnecessary reasonable and necessaryfeesthatwould beincurred; it fees that would be doesnot it does notstate state
Silverado Appx. 0484 No. 1-15-586-CV 3774 how many how many hours hours would would berequired be required to bespent; tobe spent; itdoes it notstate does not state reasonable aareasonable rate rate
per hour;ititdoes per hour; notstate does not state what activities whatactivities wouldbbeerequired; would anditdoes required; and notstate it does not state
thatthe that amounts the amounts offeesrequested of areusual fees requested are andcustomary usualand customaryinthelocality. in the locality.
CONCLUSION & PRAYER FOR RELIEF
Fortthe For hereasons reasonsstated stated herein, herein, Plaintiffs pray thattthis pray that hisCourt deny Silverado's denySilverado's application application supplemental application andsupplemental and application for for an awardof an award ofattorney's feespursuant attorney's fees pursuant toTRCP to TRCP Rule91a.Plaintiffs Rule 91a. Plaintiffs respectfully request thatthisCourt respectfully request allrequested grantall that this Court grant requested
reliefandallotherandfurther reliefto relief and all other and further relief whichthey to which maybejustlyentitled theymay lawor at law be justly entitled at or inequity.Respectfully in equity.
submitted Respectfully submitted
PhilipM.Ross Philip M. Ross 1006Holbrook 1006 Holbrook Road Road SanAntonio, San Antonio, T TXX78218 Phone: 210/326-2100 Phone: 210/326-2100 Email:  Email:  By: /s/ M.Ross By: /s/ Philip M. Ross Philip Philip M.Ross M. Ross StateBar State BarNo.17304200 No. 17304200
THESCHWAGER THE SCHWAGER LAW LAWFIRM FIRM Candice Candice L L..Schwager Schwager 1417Ramada 1417 Ramada Dr. Dr. Houston, Houston, Texas 77062 Texas77062 Tel: