American Civil Liberties Union, et al v. John Kroger, et al
Filing
68
Filed (ECF) Appellants American Civil Liberties Union of Oregon, Cascade AIDS Project, Candace Morgan and Planned Parenthood of the Columbia/Willamette, Inc. Motion for attorney fees in the amount of $129,288.50. Date of service: 12/28/2010. [7594211] (PKR)
American Civil Liberties Union, et al v. John Kroger, et al
Doc. 68 Att. 1
No. 09-35154
IN THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
AMRICAN CIVIL LIBERTIES UNON OF OREGON, et aI.,
Plaintif-Appellants,
v.
_ JOHN KROGER, et aI.,
Defendants-Appellees.
On Appeal from the United States District Court for the District of Oregon Hon. Michael W. Mosman Case No. CV-08-501-MO
DECLARTION OF P.K. RUNKLES-PEARSON IN SUPPORT OF PLAINTIFFS-APPELLANTS' APPLICATION FOR ATTORNEYS' FEES
P.K. Runkles-Pearson, OSB No. 061911
pkrnkes-pearsonCfstoel.com
STOEL RIVES LLP
900 SW Fifth Avenue, Suite 2600 Portland, OR 97204
Telephone: (503) 224-3380
Michael Casper, OSB No. 062000 michaeI.casperCfdoj .state.or. us Oregon Department of Justice 1162 Court Street NE Salem, OR 97301-4096
Telephone: (503) 378-4402
Facsimile: (503) 220-2480
Cooperating Attorney
ACLU Foundation of
Facsimile: (503) 378-3784
Attorney for Defendants-Appellees
Oregon
John Kroger, et al.
Attorney for Plaintif-Appellants
A CL U of Oregon, et al.
70457174.20099880-00578
Dockets.Justia.com
I, P.K. RUNES-PEARSON, first having been duly sworn, hereby depose
and say under penalty of perjury:
1. I am an attorney at the law firm of Stoel Rives LLP, and I am the
principal attorney representing Plaintiffs-Appellants ACLU of
Oregon, Cascade
AIDS Project, Planned Parenthood of
the Columbia-Wilamette, and Candace
Morgan ("Plaintiffs") in this action. I make this affidavit in support of Plaintiffs'
application for attorneys' fees pursuant to 42 U.S.C. § 1988 and Circuit Rule
39-1.6. I make these statements based upon my own personal knowledge,
information and belief, and am competent to testify hereto.
2. In early 2008, the ACLU Foundation of
Oregon, Inc. requested that I
consider representing Plaintiffs on a pro bono basis for the ACLU Foundation of
Oregon, Inc. I agreed to do so, and I agreed with Plaintiffs that any award of
attorneys' fees my firm collected in this matter would be paid over to the ACLU
Foundation of Oregon, Inc. to pursue other constitutional rights litigation.
3. Because I was aware of
the possibilty of a recovery under 42 U.S.C.
§ 1988, and because Stoel Rives attorneys regularly track pro bono time, I and the
other timekeepers kept records of our time in this matter. Attached as Exhibit 1 is
a table showing the detailed time entries and descriptions for each of the attorneys
who recorded time from and after March 5, 2008 in connection with the District
i
Court proceedings in this matter and in this appeaL. The timekeepers are Rachel
Lee, Crystal Chase, Andrew Shoals, and me.
4. The table attached as Exhibit 1 includes descriptive narratives and
time listings showing the breakdown of
time spent on different tasks on each day.
The table lists both the time recorded for tasks during the District Court
proceedings and the time billed during the appeal for which Plaintiffs are seeking a
fee award.
5. In preparing Exhibit 1, I have exercised biling
judgment in not
seeking recovery for certain items. For example, Plaintiffs are not seeking
recovery for time spent by summer clerks when that time did not directly add value to Plaintiffs' case or for time spent by an additional attorney and clerk who
reviewed proposed exhibits in the District Court proceeding. They are also not
seeking recovery for time spent by a panel of experienced appellate lawyers who
assisted me in preparing for the oral argument before this Court.
6. The following table summarizes the total time listed on Exhibit 1 that
was recorded by all timekeepers at Stoel Rives LLP:
2
TIMEKEEPER
P.K. Runkles-Pearson
Rachel Lee
Crystal Chase
DISTRICT COURT
241.2
110.8
13.4
NINTH CIRCUIT
145.1
Andrew Shoals
12.1
Total
365.4
157.2
7. Plaintiffs' fee request is based on hourly rates that are reasonable in
the context of the Portland market and the rates regularly charged and collected by
Stoel Rives LLP for the lawyers in this matter.
8. I have been admitted to practice for more than seven years, including
the last four years as an associate at Stoel Rives LLP. I graduated from New York
University School of Law in 2002 after serving as Executive Editor of the NY
Law Review. I took the July 2002 New York bar exam and began working at a New York law firm soon after. I served as law clerk to Oregon Supreme Court
Justice Thomas A. Balmer from 2004 to 2006. I joined Stoel Rives in 2006. I
have been admitted to practice in Oregon since 2006 and New York since 2003,
and I am admitted to practice in state and federal courts in Oregon and New York.
I am also admitted to practice in this Court. I am a board member, cooperating
3
attorney, and lawyers' committee member of
the ACLU of
Oregon. My practice
includes a broad range of appellate work in state and federal courts and a
subspecialty in defense-side labor and employment law. I am an author of Oregon
State Bar CLE book chapters on appellate law and employment law.
9. In 2008, my standard hourly rate was $270. In 2009, my standard
hourly rate was $295. In 2010, my standard hourly rate was $315. Stoel Rives
LLP has regularly charged and collected my standard hourly rates for my time
since I took on this matter.
10. For Rachel Lee's time, Plaintiffs are seeking an hourly rate of$150,
which was her standard rate in 2008. Ms. Lee was a law clerk at Stoel Rives LLP
during the summer of 2008. The information Ms. Lee provided to Stoel Rives
indicates that at that time she had completed her second year as a law student at
Stanford Law School; that as a first-year student, she had received the Hilmer Oehlman, Jr. Award for the best legal writing in her Legal Research & Writing
section; that she was a member editor of
the Stanford Law Review in 2007-2008,
and of
the Environmental Law Review in 2006-2007; and that she was elected
Senior Notes Editor for the Stanford Law Review in January 2008.
1 1. F or Crystal Chase's time, Plaintiffs are seeking an hourly rate of
$150, which was her standard rate in 2008. Ms. Chase was a law clerk at Stoel
Rives LLP during the summer of 2008. The information Ms. Chase provided to
4
Stoel Rives indicates that at that time she had completed her second year as a law student at Lewis & Clark Law School, and that she was a recipient of a Faculty
Scholarship, a member of
Lewis & Clark's Environmental Law Review, and a
the Jessup International Law Moot Court Intramural Competition.
participant of
12. For Andrew Shoals' time, Plaintiffs are seeking an hourly rate of
$150, which was his standard rate in 2010. Mr. Shoals was a law clerk at Stoel
Rives LLP during the summer of 20 1 O. The information that Mr. Shoals provided
to Stoel Rives indicates that at that time he had completed his first year as a law
student at the University of
Pennsylvania and that he was the recipient of a Dean
Scholarship and a 2009-2010 Morgan Lewis & Bockius Book Scholarship.
13. Both the total hours recorded and the hours recorded for each of
the
various aspects of
this appeal were reasonable and necessar to prosecute the case
and overturn the judgment of the trial court and were appropriate for a case of this
legal complexity.
14. Based on the hourly rates sought here, Plaintiffs seek an award of
reasonable attorneys' fees totaling $129,288.50.
15. As part of their requested fee award, Plaintiffs also seek an award of
out-of-pocket expenses necessary to prosecute the case. Those expenses, which total $1,505.58, are set forth in detail in Exhibit 2. Because this Court has already awarded Plaintiffs some amount for photocopying costs pursuant to their cost bil,
5
Plaintiffs do not seek any additional amounts for photocopying. Plaintiffs also do
not seek any amounts for electronic research. The expenses sought include
trackable delivery services used to serve papers (FedEx and UPS), transcript fees,
filing fees, and the nominal amount Plaintiffs expended to purchase copies of the
few exhibits that could not be donated. They are expenses that Stoel Rives would
ordinarily charge to a fee paying client, and they are expenses that the ACLU of
Oregon will payor has already paid in this matter.
16. Pursuant to Circuit Rule 39-1.6, I am attaching as Exhibit 3 a
completed Form 9 containing my considered assessment of
the amount of appellate
time Stoel Rives attorneys on this case spent performing various tasks.
I swear, under penalty of
perjury, that the foregoing is true and correct.
December, 2010.
STOEL RIVES LLP
DATED this 28th day of
s/ P. K. Runkles-Pearson
P. K. Runkes-Pearson, OSB No. 061911
Attorney for Plaintif-Appellants
A CL U of Oregon, et al.
6
CERTIFICATE OF FILING SERVICE
United States Court of Appeals Docket Number: No.
09-35154
I hereby certify that I electronically filed the foregoing DECLARTION OF
P.K. RUNES-PEARSON IN SUPPORT OF PLAINTIFFS-APPELLANTS'
APPLICATION FOR ATTORNYS' FEES with the Clerk of
the Court for the
United States Court of Appeals for the Ninth Circuit by using the appellate
CMÆCF system on December 28,2010.
I certify that all participants in the case are registered CMÆCF users and
that service will be accomplished by the appellate CMÆCF system.
Dated: December 28,2010.
STOEL RIVES LLP
s/ P. K. Runkles-Pearson
P. K. Runkes-Pearson, OSB No. 061911
Attorney for Plaintif-Appellants
A CL U of Oregon, et al.
70457174.20099880-00578
EXHIBIT 1
District Court
Art or
Date
03/05/08
03/17/08
Clerk
PKR PKR
Hours
5.00
.80 .20 .50
Fees
Description
legal issues; open new fie
1350.00 Review emails from team re underlying
216.00 Review case law underlying complaint
54.00 Email re corporate disclosure statements
135.00 Prepare to file complaint
03/19/08
03/20/08 03/24/08 03/25/08 03/26/08
PKR
PKR PKR
PKR
2.80
1.00
756.00 Prepare declarations of clients 270.00 Prepare declarations of clients
1566.00 Research preliminary injunctions; telephone call with co-counsel; review
complaint and preliminar injunction
PKR
5.80
papers
03/28/08 03/31/08
PKR
PKR
3.20
.60
864.00 Review emails; emails to clients; draft declarations
162.00 Emails re status
04/01/08
04/02/08 04/03/08
PKR
PKR
PKR
2.50
675.00 Review and revise complaint
1080.00 Review and revise pleadings; draft declarations
1620.00 Review and revise complaint; draft declarations
4.00
6.00 3.80
04/04/08
PKR
1026.00 Draft declarations and retainer agreements; review and revise complaint; conference call re strategy going forward
1485.00 Review and revise complaint; telephone call with David Greenberg of PPCW;
telephone calls and emails re CAP
04/07/08
PKR
5.50
paricipation; draft declarations for ACLU and Candace Morgan
04/08/08 04/09/08
PKR
.50
135.00
Coordinate revisions to declarations
PKR
2.20
594.00 Review and revise declaration of David Fidanque and memorandum in support of preliminary injunction
Exhbit 1, Page 1 of 16
District Court
Art or
Date
04/10/08
Clerk
PKR
Hours
1.70
Fees
Description
459.00 Discuss ethical issues related to complaint; telephone call with other counsel; telephone call with Andrea Meyer re retainer agreements; review and revise declarations 405.00 Consider ethical issues related to representation; review and revise joint
prosecution letter
04/11/08
PKR
1.50
04/14/08 04/16/08
PKR PKR
3.30
891.00 Telephone call with CAP; research on
preliminar injunction standards
2.00
540.00 Review and revise preliminar injunction brief; emails re Morgan declaration; emails
re attorney relationships; telephone call
with co-counsel
04/17/08
PKR
3.00
810.00 Discussion and analysis re retainer agreements; review and revise pro hac vice applications
04/21/08
PKR
3.40
918.00 Review edits to complaint and preliminar injunction; conversation with Andrea Meyer re continued preparation for fiing same; emails with Candace Morgan and CAP; review and revise Morgan declaration; review materials from CAP 567.00 Review declarations; discussion with cocounsel re contents of declarations; coordinate with clients re declarations; review and revise declarations 270.00 Telephone calls and emails with clients in preparation for filing; review and revise
complaint and preliminar injunction
04/22/08
PKR
2.10
04/24/08
PKR
1.00
briefing
04/25/08 04/28/08 04/29/08
PKR
2.50
.80
675.00 Review all declarations and pleadings; finalize and prepare materials for fiing
PKR
PKR
216.00 Telephone call with co-counsel re service; follow up with clients re filing
135.00 Emails re case; telephone call with Andrea Meyer re service
.50
70337424.4 0099880-00578
Exhbit 1, Page 2 of 16
District Court
Art or
Date
05/02/08
Clerk
PKR PKR
Hours
.20 .70
1.20
.30 .40
Fees
Description
54.00 Emails coordinating team re communications with opposing counsel
189.00
05/05/08 05/06/08 05/08/08 05/14/08
05/15/08
OS/20/08
Conference call re scheduling dates; email clients re scheduling matters
PKR PKR
PKR
324.00 Review and confer regarding stipulation on dates; prepare acknowledgement of service
81.00
108.00
Confer re acceptance of service with
opposing counsel
Communicate with opposing counsel re service; letter re same
PKR
PKR
.30 .30 .20 .50 .50
.50
81.00 Email with clients re briefing and hearing schedule 81.00 Emails with co-counsel about decision in
United States v. Wiliams
OS/21/08
OS/22/08
PKR PKR
R-L R-L
54.00
135.00
Email re plaintiffs concerns re lawsuit
Consider case strategy; telephone call with David Fidanque re same
Review complaint, motion, memorandum and declarations
OS/27/08
75.00
06/02/08 06/03/08
75.00 Review state's memorandum in opposition
PKR
1.10
297.00 Review state's answering papers, emails re conference call; telephone call with Andrea Meyer 210.00 Review state's memorandum in opposition
513.00 Continue to review brief; conference call re approach to brief; discuss with Rachel Lee 855.00 Conference call with P.K. Runles-Pearson and ACLU attorneys; discuss assignment
06/03/08
R-L
1.40 1.90
06/04/08
PKR
06/04/08
R-L
5.70
with P.K. Runles-Pearson; review cases cited in state's memorandum re standard for facial challenge on vagueness grounds; research Ninth Circuit case law on delay in seeking preliminary injunction against statute
70337424.4 0099880-00578
Exhbit 1, Page 3 of 16
District Court
Art or
Date
06/05/08 06/06/08 06/06/08
Clerk
R-L
Hours
.60 .40
Fees
Description
preliminar injunction against statute
90.00 Research cases on delay in seeking
108.00 Emails re reply brief
PKR
R-L
3.80
570.00 Research standard for vagueness challenge in First Amendment context; research delay in seeking injunction against statute 510.00 Draft portion of reply brief seeking preliminary injunction 864.00 Emails regarding research for reply brief; review materials for reply brief.
1125.00 Research preliminar injunctions; draft memo for reply brief seeking preliminary injunction 1782.00 Review cases; draft section of brief concermng vagueness
06/08/08 06/09/08
R-L
3.40 3.20 7.50
PKR
R-L
06/09/08
06/10/08 06/10/08
06/11/08
06/1 1/08
PKR
R-L
6.60
3.60
1.40
540.00 Finish drafing memorandum for reply brief seeking preliminary injunction
378.00 Draft section of reply concernng balance of hardships
PKR
R-L
3.10 6.50 2.20
465.00 Review and edit drafts of reply brief from
P.K. Runes-Pearson and co-counsel
06/12/08 06/12/08
PKR
R-L
1755.00 Telephone call with co-counsel; review
and revise reply brief
330.00 Conference call with P.K. Runles-Pearson and co-counsel; edit drafts of reply brief; research definition of prurient interest
06/13/08 06/13/08 06/16/08 06/20/08 06/22/08
PKR
R-L
1.50
405.00 Email correspondence re brief; prepare new version of brief and send to editing
135.00 Edit draft of reply brief; send additional case citation to P.K. Runles-Pearson
.90
PKR PKR PKR
2.50
.30
675.00 Review and revise reply brief; review and revise declaration of Andrea Meyer
81.00 Email correspondence re oral arguent
3.10
837.00 Prepare for oral argument
70337424.4 0099880-00578
Exhibit 1, Page 4 of 16
District Court
Art or
Date
06/22/08
Clerk
R-L
Hours
1.70
Fees
Description
255.00 Meeting with P.K. Runles-Pearson, Andrea Meyer, and co-counsel to prepare
for hearing on motion for preliminar injunction
06/23/08
PKR
4.00
1080.00 Prepare for and attend hearing on
preliminar injunction; communcate with
clients re same
06/25/08 06/25/08 06/26/08
PKR
R-L
1.50
.20
405.00 Meeting with ACLU leadership regarding next strategic steps
30.00
Conference with P.K. Runes-Pearson re
tasks for merits briefing
PKR
1.70
459.00 Email correspondence re strategy and next steps; telephone conference re expert witnesses and issues for brief on merits
330.00 Prepare for conference call; conference call re issues for brief
06/26/08 06/30/08 07/01/08
R-L
2.20
1.80
PKR
486.00 Draft outline for merits brief; telephone call with Andrea Meyer re expert witnesses
594.00 Prepare for briefing on the merits; meet clients at ACLU to discuss strategy, issues to be briefed and division of labor
PKR
2.20
07/01/08
R-L
2.20
330.00 Meeting with ACLU staff and P.K. Runles-Pearson re strategy for briefing and oral argument
189.00 Discussion with Rachel Lee regarding
research on balance of
07/02/08
PKR
.70
hardships; research re appropriate expert witnesses
07/02/08 07/03/08
R-L
3.70
.40
555.00 Research standards for permanent injunction briefing
108.00
PKR
R-L R-L
Email correspondence re potential declarations of expert witnesses
07/03/08
07/07/08
2.10 4.40
315.00 Research permanent injunctions and declaratory relief 660.00 Research declaratory judgment and permanent injunctions
70337424.4 0099880-00578
Exhbit 1, Page 5 of 16
District Court
Art or
Date
07/08/08 07/08/08 07/09/08 07/09/08
Clerk
PKR
R-L
Hours
.30
Fees
81.00
Description
Email and telephone correspondence re books to be used as exhibits
5.00
.30
750.00 Research facial and as-applied challenges
81.00
PKR
R-L R-L
Meet with Andrea Meyer; review books for exhibits
5.90
885.00 Draft memorandum re injunctive and declaratory relief
07/10/08 07/11/08
2.60
3.70
390.00 Draft memorandum re standards for declaratory and injunctive relief 999.00 Begin drafting motion for ultimate relief; telephone call with co-counsel re same; review legal research from co-counsel; email correspondence re legislative history and books for exhibits 375.00 Star research into origins and meanng of Miler-Ginsberg test for obscenity for
memorandum for P.K. Runles-Pearson
PKR
07/11/08
C-C
2.50
07/11/08 07/14/08
R-L
4.60
1.00
690.00 Draft memorandum re facial and asapplied challenges
PKR
270.00 Continue drafting motion for ultimate relief; email correspondence re expert
testimony and exhbits
07/14/08
C-C
4.80
720.00 Continue research and draft memorandum
on the elements of
the Miler-Ginsberg test and importance of each element for
memorandum for P.K. Runles-Pearson
07/14/08 07/15/08
R-L
6.40
960.00 Research limiting constructions
1080.00
PKR
4.00
Continue drafting motion for ultimate relief; review research from Rachel Lee on facial and as-applied challenges
Runes-Pearson on meanng and
07/15/08
C-C
6.10
915.00 Draft and edit memorandum for P .K.
significance of each of the elements of the Miler-Ginsberg test for obscenity; prepare case notebook with relevant cases for her use
70337424.4 0099880-00578
Exhibit 1, Page 6 of 16
District Court
Art or
Date
07/15/08
Clerk
R-L
Hours
4.10
1.50
Fees
615.00
, 405.00
Description
Research limiting constrctions
07/16/08
PKR
Review research and caselaw from Crystal Chase re elements of the Miler-Ginsberg test
07/16/08 07/17/08
R-L
2.60
1.20
390.00 Research limiting constructions
PKR
324.00 Telephone call with Dr. Mark Nichols re expert testimony on child development; review articles from Dr. Nichols; telephone call with co-counsel re brief 945.00 Draft memorandum re limiting
07/17/08 07/18/08
R-L
6.30
1.30
constrctions
PKR
351.00 Telephone call with Richard Colman re expert testimony; discussions re exhibits; additional correspondence with Dr. Nichols
1770.00 Draft memorandum re limiting constructions
07/18/08 07/20/08
R-L
11.80
PKR
9.50
2565.00 Review material and cases re limiting constrctions; research re Maynard and
Oregon statutory constrction
07/21/08
PKR
9.50
2565.00 Review material received from co-counsel; review cases cited therein; create list of follow-up points; draft statutory constrction section of brief
1458.00
Draft merits brief
07/22/08 07/22/08 07/23/08 07/25/08
PKR
R-L
5.40 3.60
1.00
540.00 Edit brief; research operation of "not liable to prosecution" language in statutes
PKR
270.00 Review material from co-counsel; correspondence with Dr. Colman
945.00
PKR
3.50
Dr. Colman and Dr. Nichols; correspond with co-counsel re edits to brief and dictionar definitions; telephone call with Camelia Rison; review
Draf declarations of
information from Ms. Rison
07/27/08
PKR
8.10
2187.00 Review edits to brief; substantially revise sections re Maynard
70337424.4 0099880-00578
Exhbit 1, Page 7 of 16
District Court
Art or
Date
07/28/08
Clerk.
..
Hours
11.40
Fees
Description
PKR
3078.00 Add new section to brief re MilerGinsberg background; call with ACLU re brief; telephone call with co-counsel; review additional evidence from expert witnesses; correspond with same; multiple
emails re exhbits
07/28/08
R-L
1.90
285.00 Review draft of brief; conference call with
P.K. Runles-Pearson and co-counsel;
discuss material for brief
07/29/08
PKR
4.10
1107.00 Review and incorporate ACLU comments to brief; discuss exhibit selection with cocounsel; contact court re procedure for exhibits; review declaration of Chris Finan; email from CAP re experts; extensive email with David Rorowitz re procuring exhibits; review co-counsel's
edits to brief
07/29/08 07/30/08
R-L
1.10
165.00 Review draft of brief; conference with P.K.
Runles-Pearson re same
PKR
5.80
1566.00
Multiple emails re exhbits; incorporate
from ACLU and co-counsel; telephone call re same with Chin See Ming of ACLU; revise declaration of Camelia Rison; review additional information from Ms. Rison
and haronize edits to brief
07/30/08
R-L
3.40
510.00 Verify contents of books to be cited in brief and declarations; review findings with P .K. Runles-Pearson
1863.00 Draft motions; confer with opposing counsel; telephone calls to declarants; review and revise memo; prepare all for filing; review material for exhibits; revise Finan and Rison declarations
07/31/08
PKR
6.90
07/31/08 08/01/08 08/05/08
R-L
.40
60.00 E-mail to P.K. Runes-Pearson describing contents of books to be cited in brief
PKR
PKR
1.00 1.50
270.00 Contact clients re filing of motion; arange for filing of exhibits 405.00 Review material for exhbits
70337424.4 0099880-00578
Exhbit 1, Page 8 of 16
District Court
Art or
__ .Date
C-. --lerk ..
R-L
H.-u-s .o r
1.30
.80 .10
Fees
violate statutes
Description
08/05/08 08/06/08 08/06/08 08/20/08
195.00 Review exhbits to mark portions that
PKR
R-L
216.00 Review exhibits; email correspondence re same; prepare exhibits for fiing
15.00 Review list of exhibits
PKR
1.00
. 270.00 Telephone call with co-counsel and ACLU re strategy for hearing and oral argument; telephone call with Andrea Meyer re same
135.00
08/29/08 09/02/08 09/03/08
PKR PKR PKR
.50 .80
Confer with ACLU re response in support
of motion
216.00 Review state's response brief
1053.00
3.90
Consider and outline arguments for reply brief; telephone call with co-counsel and clients re reply brief strategy
09/04/08
PKR
5.20
1404.00
Consider strategy for reply brief; draft sample paragraphs; telephone call with cocounsel and clients re same
Draft sections of reply brief
Review co-counsel's sections of reply
09/07/08
PKR
5.30
1431.00 1296.00
09/08/08
PKR
4.80
brief; incorporate into new draft; email to co-counsel and clients re same
09/09/08
09110/08
PKR
.90
243.00 Review additional edits to reply brief from co-counsel; telephone call re same
PKR
1.50
405.00 Review and revise reply brief to incorporate clients' changes; consult with co-counsel re same
783.00 Emails and telephone calls with co-counsel and clients re reply strategy; draft new
section of reply brief
09/11/08
PKR
2.90
09/12/08
09/29/08
10/01/08
PKR
PKR
.50
.40
135.00 Incorporate final comments to reply brief;
finalize and file reply brief
108.00
Telephone call with co-counsel re oral argument
Strategize for oral argument; telephone call with Andrea Meyer
PKR
5.00
1350.00
70337424.4 0099880-00578
Exhibit 1, Page 9 of 16
District Court
Art or
Date
10/02/08 10/03/08
12112/08 12115/08
Clerk
PKR PKR PKR PKR
Hours
6.00 7.80
1.50
Fees
Description
1620.00 Prepare for oral arguent; meet with cocounsel to coordinate argument points
2106.00 Prepare for oral argument; attend oral
arguent; emails re same
442.50 Review opinion and order
88.50
Emails re decision and scheduling of post-
.30
decision conference
Total (District
365.40
$83,799.00
Cour):
70337424.4 0099880-00578
Exhbit 1, Page 10 of 16
Appeal
----
-----
Date
12116/08
A!!()r. - Clerk
PKR PKR
---------- -- .... --
Hours
2.00
.30
.30
-
-e-e-Fs
judgment
Description
590.00 Evaluate case for appeal; communcate with opposing counsel re form of judgment
88.50 Review and consider proposed form of 88.50
12/18/08
12119/08
PKR
Communcate with co-counsel and opposing counsel re revisions to proposed
form of judgment
12/24/08
PKR PKR
PKR
1.20
354.00 Consider issues re appeal; communicate with co-counsel re same
147.50 Telephone call with co-counsel and clients re appeal
01/09/09 01/14/09 01/22/09
.50
.20
59.00 Email with co-counsel re separate notices
of appeal
PKR
5.00
1475.00 Review decision and prepare for meeting with David Greenberg of Planed Parenthood regarding appeal; attend meeting; contact other clients
01/27/09 01/29/09
PKR PKR
1.30
.30
383.50 Evaluate appeal with Cascade AIDS Project
88.50 Telephone call with Cascade AIDS Project re appeal; email with Candace Morgan re appeal
147.50 Email with co-counsel re appeal and docketing statement
02/02/09 02/04/09
PKR PKR
.50
1.50
442.50 Email with cour regarding exhibits; prepare and fie notice of appeal and docketing statement
147.50
02119/09
PKR
PKR
.50 .10 .10
Consider transcript issues
02/20/09 03/06/09 04/16/09
29.50 Email to opposing counsel re transcripts 29.50 Email to opposing counsel re transcripts
383.50 Review opinion and consider arguents for briefing; telephone call with counsel for other plaintiffs re same
PKR PKR
1.30
70337424.40099880-00578
Exhibit 1, Page 1 1 of 16
Appeal
Art or
----Date---05/05/09 05/07/09
Clerk
PKR
PKR
Hours
.40
Fees
118.00
Description
Communicate with co-counsel re consolidation; review draft motion
5.50
1622.50 Review briefing below in preparation for drafting Ninth Circuit opening brief; review and revise consolidation motion
05/08/09
PKR PKR
8.00
2360.00 Outline Ninth Circuit brief
05/11/09
7.00
2065.00 Draft Statement of Jurisdiction, Issues Presented, Statement of the Case, and Statement of Facts
1770.00 Draft sumar of argument and overbreadth sections 59.00 Telephone call re request for extension of time
177.00 Review co-counsel' s draft brief; email re same
05112/09
PKR PKR
PKR
6.00
.20 .60
05/14/09
OS/21/09
OS/26/09
PKR
7.50
2212.50 Draft over-breadth section; detailed outline interpretation section; review excerpts of record; email to co-counsel with comments 2655.00 Draft section of brief re interpretation of statutes 2507.50 Draft vagueness and "as applied" sections
472.00 Review and revise opening brief; email to clients re same
1357.00 Review and revise opening brief
05/30/09 05/31/09
06/01/09 06/02/09 06/03/09
PKR
9.00
8.50
1.60
PKR
PKR PKR
4.60
1.40
PKR
413.00 Receive court's order re consolidation; telephone calls with Chin See Ming, coappellants counsel, opposing counsel, and
the cour re same; draft motion for
reconsideration re same
07/02/09
07115/09
PKR PKR
.20
59.00 Email with co-counsel re amicus
1622.50 Review and revise opening Ninth Circuit brief; email to clients re same
5.50
70337424.40099880-00578
Exhibit 1, Page 12 of 16
Appeal
Art or
Date
07/16/09
Clerk
PKR
Hours
1.30
Fees
Description
citations; telephone call to Cour of Appeals re exhibits; prepare additions to excerpts of record
383.50 Hone opening brief; add footnotes and
07/17/09 08/03/09
PKR PKR
1.50
.30
442.50 Finalize opening brief and excerpts of record for filing
88.50 Review email re procedural developments,
filing of briefs, request for extension of time
08/04/09
PKR
2.30
678.50 Review brief of booksellers and amicus
brief of
the Thomas Jefferson Foundation;
correspondence re extension of time for the state to respond; correspondence re merits with David Horowitz
09/29/09
10/02/09
10/04/09 10/05/09 10/06/09 10/07/09 10/08/09
PKR PKR PKR
PKR
1.70
501.50 Review answering brief; telephone call with co-counsel re same
88.50 Email to co-counsel re repealed criminal laws
.30
2.50 3.40
.40
737.50 Review briefs and consider arguments for reply briefing
1003.00
Draft reply brief
PKR
PKR
118.00 Review co-counsel' s reply brief and
comment
.30
88.50
Email re reply brief
PKR
3.20
944.00 Emails with cooperating counsel re reply brief; telephone calls and analysis with ACLU re legislative history; review and revise reply brief and prepare for filing
88.50
10/09/09 10/20/09
PKR
.30
.20
Final review of reply brief before fiing
PKR PKR PKR
59.00 Prepare to send paper copies of reply brief 88.50 Review paper copies of reply brief
126.00 Discuss setover with co-counsel; assist
10/21/09
.30 .40
03/24/10
with setover motion
70337424.4 0099880-00578
Exhibit 1, Page 13 of 16
Appeal
Art or
Date
04/20/10
Clerk
PKR
Hours
.70
Fees
Description
220.50 Review new First Amendment decision Us. v. Stevens; email to co-counsel re same
04/21/10
04/30110
OS/20/10
PKR PKR PKR
1.50
472.50 Review Us. v. Stevens in more detail and consider what to do
126.00
.40
.50
Emails re oral argument
157.50 Telephone call to cour re oral argument;
review letter re additional authority and
motion to cour re additional time
OS/25/10
PKR
.80
252.00 Make arangements to moot oral argument; draft letter of additional authorities re Us. v. Stevens
787.50
Confer with co-counsel re arangements
for arguent; gather information about
06/01/10
PKR
2.50
panel for argument
06/02110
PKR
1.10
346.50 Email re preparation for moot argument; review cases written by judges on the panel
157.50
06/04/10 06/06/10 06/07/10
PKR PKR PKR
.50
Email with co-counsel re certification questions
4.50
8.50
1417.50 Review all appellate briefing and key cases in preparation for oral argument
2677.50 Prepare for oral argument; review cases; paricipate in moot arguent; confer with
co-counsel re argument arangements;
prepare notes
06/08110
PKR
PKR
3.80
.40 .50
1197.00 Attend oral argument; debrief from same
126.00 Email with opposing counsel and client re certification motion 157.50
06/14/10 06/15/10
06/17110
PKR
A-S
Brief Drew Shoals on issues for research on certification question
2.00
300.00
Conduct research on certification case law
70337424.4 0099880-00578
Exhibit 1, Page 14 of 16
Appeal
Art or
Date
06/18110
Clerk
A-S
Hours
3.00
Fees
Description
450.00 Begin drafting memorandum re standard for Ninth Circuit certification; review relevant Oregon statutes; review appellate brief; review list of baned and challenged books
765.00 Finish review of appellate brief; review relevant case law on certification of First Amendment challenges; draft
06/21110
A-S
5.10
memorandum sumarizing findings
06/22110
PKR
A-S
.50
147.50
Meet with Drew Shoals to discuss research findings
06/22/10
2.00
300.00 Complete memorandum sumarizing findings and meet with P.K. RunesPearson to discuss findings and strategy for moving forward with research
882.00 Telephone call with co-counsel re response to certification motion; draft response; review and revise response
06/23/10
PKR
2.80
06/24/10
PKR
.70
220.50 Additional discussion with co-counsel re certification questions; finalize and fie response
126.00 Emails to clients re case developments, including status of certification motion
07/17110
PKR
.40
09/20/10
09/21110
PKR PKR PKR PKR PKR PKR
PKR
1.80
.20
531.00 Review and analyze decision; email to clients re same
59.00 Email from opposing counsel re extension of time to seek en banc review
09/22/10
09/23/10
1.30
409.50 Review statutes and rules re en banc review and attorney fees
157.50 Review records for cost bil 157.50
Prepare cost bil
.50
.50 .80
.6
09/29/10
11/08/10
12114/10
252.00 Review petition for en banclpanel rehearing; email to clients re same
189.00 Review order denying petition for
rehearing; email to clients re same; instruct
staffre preparation of
bils for fee petition
70337424.4 0099880-00578
Exhibit 1, Page 15 of 16
Appeal
Art or
Date
12115110
Clerk
PKR PKR PKR
PKR
Hours
1.3
Fees
Description
409.50 Research law for fee petition
126.00 Review bils for fee petition; remove
ineffcient entries
12/17110
.4
12/26/10
12/27/10
3.9
1228.50 Draft fee petition
1323
4.2
157.20
Review and revise fee petition and supporting documents
Total (Appeal):
$45,489.50
I~~I
522.60 i $129,288.50 I
70337424.4 0099880-00578
Exhibit 1, Page 16 of 16
EXHBIT
2
DATE
05712r708
04/25/08 08/08/08 07/31/08 06/30/08
2/04/09 2/04/09 3/10/09
7/17/09 7/20/09 7/23/09 10/21/09
ITEM ltir Courier Delivery Filing fee for original complaint Air Courier Delivery Purchase of non-donated books for exhibits Court Reporter fee to Bonita J. Shumway for copy of transcript of 6/23/08 preliminary injunction hearing before Judge Mosman Air Courier Delivery Filing fee for notice of appeal Court Reporter fee to Bonita J. Shumway for original transcript of 10/3/08 permanent injunction hearing Air Courier Delivery Air Courier Delivery Air Courier Delivery Air Courier Delivery
Total:
AMOUNT
10.10 350.00 5.80 106.19 88.00
17.20 455.00 292.00
65.98 46.92 42.37 26.02
1,505.58
70464390.1 0099880-00578
Office of the Clerk UNTED STATES COURT OF APPEALS FOR THE NITH CIRCUIT P.O. Box 193939 San Francisco, California 94119-3939
Molly C. Dwyer Clerk of Court
(415) 355-8000
Form 9: APPLICATION FOR ATTORNEYS FEES Under Ninth Circuit Rule 39-1.6
Oregon, et al.mmm v.l~o~~~.?~~r,etal...
9th Cir. No.I??=~?~?~mmm I Case Name: ACLU of
DESCRIPTION OF SERVICES
Interviews & Conferences
Obtaining & Reviewing Records
Legal Research
HOURS
14.8
11:?
136.6
Preparing Briefs
1?7.4
120.9 135.8
Preparing for & Attending Oral Argument
Other (specify below):
This form contains appellate time only. Hours listed as "other" were spent on the form of judgment,
evaluation of the appeal, motions re consolidation, review of
the amicus brief, Plaintiffs Rule 28m letter,
drafting a response to the state's certification motion, and drafting the cost bill and fee petition.
TOTAL Hours Claimed
TOTAL COMPENSATION REQUESTED: $I~~,~~~.~ .1 (appeal only)
1157.2
Signature I~~r.K.Ru~kl~s= rearsoii
Date 1l?~~~IllJ~E~~'~O 10
A request for an award of attorneys fees must be supported by a memorandum showing that the party seeking fees is legally entitled to them and must be accompanied by Form 9 or a document that contains substantially the same
information, along with:
(1) a detailed itemization of
the tasks performed each date and the amount of
time spent by each lawyer and
paralegal on each task;
(2) a summary for each lawyer and paralegal of
the total hours spent in the categories set forth above; (3) a showing that the hourly rates claimed are the prevailng rates in the relevant market; and (4) an affidavit attesting to the accuracy of the information submitted.
EXHIBIT 3
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