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] (Runkles-Pearson, Patricia) [Entered: 12/28/2010 02:33 PM]

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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 CMCF system on December 28,2010. I certify that all participants in the case are registered CMCF users and that service will be accomplished by the appellate CMCF 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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