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: [phone]

Michael Casper, OSB No. 062000 michaeI.casperCfdoj .state.or. us Oregon Department of Justice 1162 Court Street NE Salem, OR 97301-4096
Telephone: [phone]

Facsimile: [phone]
Cooperating Attorney
ACLU Foundation of

Facsimile: [phone]
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
[phone]

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