American Booksellers Foundation for Free Expression et al v. Sullivan

Filing 88

DECLARATION of Michael A. Bamberger re 87 MOTION for Attorney Fees Plaintiffs' Application for Attorneys' Fees and Expenses by Alaska Library Association, American Booksellers Foundation for Free Expression, American Civil Liberties Union of Alaska, Association of American Publishers, Inc., Book Blizzard LLC, Bosco's, Inc., Comic Book Legal Defense Fund, David & Melissa LLC, Donald R. Douglas, Entertainment Merchants Association, Freedom to Read Foundation. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Bamberger, Michael)

Michael A. Bamberger (pro hac vice)
SNR Denton US LLP
1221 Avenue of the Americas
New York, New York 10020
Phone: [phone]
[e-mail]

D. John McKay
Law Offices of D. John McKay
117 E. Cook Ave.
Anchorage AK 99501
Phone: [phone]
[e-mail]
Alaska Bar No. 7811117

Thomas Stenson
ACLU of Alaska Foundation
1057 W. Fireweed Lane - Suite 207
Anchorage, AK 99503
Phone: [phone]
[e-mail]
Alaska Bar No. 0808054
Attorneys for Plaintiffs
UNITED STATES DISTRICT COURT
DISTRICT OF ALASKA
AMERICAN BOOKSELLERS FOUNDATION FOR FREE
EXPRESSION, et al.
Plaintiffs,
v.
JOHN BURNS, in his official capacity as ATTORNEY
GENERAL OF THE STATE OF ALASKA,

Civil No. 3:10-cv-00193-RRB

Defendant.

DECLARATION OF MICHAEL A. BAMBERGER

MICHAEL A. BAMBERGER declares:
1.

I am a member of the law firm of SNR Denton US LLP (“SNR Denton,” which

was known as Sonnenschein Nath & Rosenthal LLP when this case commenced),. Our firm has
served as counsel to Plaintiffs from the inception of this action.
Declaration of Michael A. Bamberger in Support of
Plaintiffs’ Application for Attorneys’ Fees and Expenses
American Booksellers et al. v. John Burns,
Case 3:10-cv-00193-RRB

1

2.

I have personal knowledge of the facts set forth in this declaration, which I make

in support of Plaintiffs’ fee application.
3.

Plaintiffs seek an award of $157,833 in fees and $5,576.29 in expenses, for an

aggregate award of $163,409 for services rendered by SNR Denton. Separate declarations for
additional amounts are being submitted for services rendered by our co-counsel, D. John McKay
and Thomas Stenson.
4.

This affidavit is divided hereafter into three parts: (i) time expended; (ii) the

qualifications of the attorneys who rendered services, and the hourly rates requested; and
(iii) expenses. I attach the following exhibits to this declaration:
Exhibit

Description

A

Docket Entries (from PACER)

B

Itemized list of services rendered by SNR Denton and time expended

C

Itemized list of expenses incurred by SNR Denton

D

List of First Amendment cases litigated by Michael Bamberger

E

Orders granting fee applications, and approving hourly rate of Michael Bamberger
I.
5.

TIME EXPENDED

I have had principal responsibility for this matter since its inception. At SNR

Denton, I was assisted by two of my law partners—Devereux Chatillon and Richard M.
Zuckerman—and by one associate, Joshua Kroot.
6.

It is my practice and the practice of my firm, and it has been our practice

throughout this litigation, to maintain contemporaneous daily time records on which all billable
time is recorded.

Declaration of Michael A. Bamberger in Support of
Plaintiffs’ Application for Attorneys’ Fees and Expenses
American Booksellers et al. v. John Burns,
Case 3:10-cv-00193-RRB
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7.

Based on such contemporaneous daily time records through July 22, 2011, the

firm expended 504.6 hours of time on this action for which we seek compensation. In compiling
this application, I used my billing judgment and eliminated time entries that I believed were not
appropriate to be included in this request to the Court.
8.

Below is a table indicating the attorney or other personnel, the total amount of

hours spent, and the billing rate requested for the particular timekeeper.
Fee Request for Services of SNR Denton US LLP
Name

Position

Total
Hours

Billing Rate
Requested

Fees
Requested

Michael Bamberger

Partner

65.4

$600

$39,240

Devereux Chatillon

Partner

67.6

$500

$33,800

Richard M. Zuckerman

Partner

52.7

$550

$28,985

Joshua Kroot

Associate

318.9

$175

$55,808

Total Fees Requested

504.6

$157,833

The blended average hourly billing rate for the four SNR Denton attorneys is $313.
9.

I will review the principal services rendered during each phase of this case. The

divisions between the phases are based on the calendar and, of course, there was some overlap
between the different phases.
A.

April 2010 – August 2010: Preparation of the Complaint, Motion for
Preliminary Injunction, Memorandum of Law, 10 Factual
Declarations and One Expert Declaration
10.

When Senate Bill 222 was being considered by the Alaska Legislature, Plaintiffs

American Booksellers Foundation for Free Expression, Association of American Publishers,
Inc., Comic Book Legal Defense Fund, Entertainment Merchants Association, and Freedom to

Declaration of Michael A. Bamberger in Support of
Plaintiffs’ Application for Attorneys’ Fees and Expenses
American Booksellers et al. v. John Burns,
Case 3:10-cv-00193-RRB
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Read Foundation, through an association of which they are members, Media Coalition, Inc.,
pointed out the constitutional defects in the Bill, and urged the Legislature to re-draft the Bill so
that it would protect children without violating the First Amendment. These efforts were
unsuccessful. The Legislature passed SB 222 without remedying the constitutional defects.
While our firm participated in these efforts, we do not seek any fees relating thereto.
11.

In April 2010, our firm began work on this litigation. Between that date and

August 31, 2010, when we commenced this action, we conducted legal research, and drafted and
filed the Complaint (Docket 1), a Motion for a Preliminary Injunction (Docket 5), a
Memorandum of Law (Docket 7), declarations of 10 fact witnesses (Docket 10, 11, 12, 13,14,
15, 16, 17, 18, 26-1), and a declaration of an expert witness (Docket 20).1 Our time during this
period was as follows:
Name

Position

Michael Bamberger

Partner

30.9

$600

$18,540

Devereux Chatillon

Partner

42

$500

$21,000

Richard M. Zuckerman

Partner

15.6

$550

$8,580

Joshua Kroot

Associate

100.4

$175

$17,570

Subtotal

1

Total
Hours

Billing Rate
Requested

Fees
Requested

188.9

$65,690

As reflected in our time records, an additional declaration was prepared but not filed.

Declaration of Michael A. Bamberger in Support of
Plaintiffs’ Application for Attorneys’ Fees and Expenses
American Booksellers et al. v. John Burns,
Case 3:10-cv-00193-RRB
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B.

September 2010 – October 20, 2010: Preparation of Proposed Order
on Preliminary Injunction; Receipt and Review of Defendants’
Opposition to Motion for Preliminary Injunction; Preparation of
Reply Brief on Motion for Preliminary Injunction; and Receipt and
Review of Court’s Decision Granting Preliminary Injunction
12.

On September 22, 2010, Defendants filed their Opposition to our Motion for a

Preliminary Injunction (Docket 33) and, on September 29, 2010, Defendants filed their Answer
to the Complaint (Docket 43). We reviewed Defendants’ papers, and prepared a Reply
Memorandum (Docket 45) and a Reply Declaration (Docket 46) in further support of our Motion
for a Preliminary Injunction, which we filed on October 8, 2010.
13.

On October 20, 2010, this Court granted our Motion for a Preliminary Injunction

(Docket 47).
14.

Our time during this period was as follows:

Name

Position

Michael Bamberger

Partner

4.1

$600

$2,460

Devereux Chatillon

Partner

13.0

$500

$6,500

Richard M. Zuckerman

Partner

0.1

$550

$55

Joshua Kroot

Associate

77.7

$175

$13,598

Subtotal

C.

Total
Hours

Billing Rate
Requested

94.9

Fees
Requested

$22,613

October 21, 2010 – December 2010: Preparation of Response to
Defendants’ First Motion to Clarify; and Preparation of Motion for
Summary Judgment, Including Motion and Memorandum of Law
15.

On October 26, 2010, Defendants filed a Motion to Clarify this Court’s Order

granting the Preliminary Injunction (Docket 48), to which we prepared a Response (Docket 49).
On November 17, 2010, this Court entered an Order thereon (Docket 50).

Declaration of Michael A. Bamberger in Support of
Plaintiffs’ Application for Attorneys’ Fees and Expenses
American Booksellers et al. v. John Burns,
Case 3:10-cv-00193-RRB
10457493\V-9

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16.

In November and December 2010, we prepared a Motion for Summary Judgment

(Docket 51) and supporting Memorandum (Docket 52), which we filed on December 27, 2010.
17.

Our time during this period was as follows:

Name

Position

Michael Bamberger

Partner

6.3

$600

$3,780

Devereux Chatillon

Partner

10.1

$500

$5,050

Richard M. Zuckerman

Partner

1.5

$550

$825

Joshua Kroot

Associate

69.9

$175

$12,233

Subtotal

D.

Total
Hours

Billing Rate
Requested

Fees
Requested

87.8

$21,888

January 2011 – March 2011: Preparation of Response to Defendants’
Second Motion to Clarify; Receipt and Review of Defendants’
Opposition to Plaintiffs’ Motion for Summary Judgment, Defendants’
Cross-Motion for Summary Judgment, and Defendants’ Motion to
Certify; Preparation of Reply on Plaintiffs’ Motion for Summary
Judgment, Opposition to Defendants’ Cross-Motion for Summary
Judgment, and Response to Defendants’ Motion to Certify
18.

On January 5, 2011, Defendants filed a Second Motion to Clarify this Court’s

Order granting a Preliminary Injunction (Docket 54), to which we prepared and filed a Response
on January 6, 2011 (Docket 57). This Court issued its Order thereon on February 8, 2011
(Docket 67).
19.

On January 18, 2011, Defendants filed their Opposition to Plaintiffs’ Motion for

Summary Judgment (Docket 58), Defendants’ Cross-Motion for Summary Judgment (Docket
59), and Defendants’ Motion to Certify to the Alaska Supreme Court (Docket 60).

Declaration of Michael A. Bamberger in Support of
Plaintiffs’ Application for Attorneys’ Fees and Expenses
American Booksellers et al. v. John Burns,
Case 3:10-cv-00193-RRB
10457493\V-9

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20.

We prepared a Combined Memorandum as a Reply on Plaintiffs’ Motion for

Summary Judgment, Opposition to Defendants’ Cross-Motion for Summary Judgment, and
Response to Defendants’ Motion to Certify, which we filed on March 24, 2011 (Docket 70).
21.

Our time during this period was as follows:

Name

Position

Michael Bamberger

Partner

12.4

$600

$7,440

Devereux Chatillon

Partner

2.5

$500

$1,250

Richard M. Zuckerman

Partner

8.6

$550

$4,730

Joshua Kroot

Associate

67.8

$175

$11,865

Subtotal

E.

Total
Hours

Billing Rate
Requested

Fees
Requested

91.3

$25,285

April 2011 – May 2011: Receipt and Review of Defendants’ Reply on
Defendants’ Cross-Motion for Summary Judgment and Defendants’
Motion to Certify; Receipt and Review of this Court’s Order
Granting Motion to Certify; Joint Drafting with Attorney General’s
Office of Certified Questions; Filing of Certified Questions with
Alaska Supreme Court
22.

Defendants filed their Reply papers on their Motion to Certify (Docket 72) and

Cross-Motion for Summary Judgment (Docket 73) on April 7, 2011, which we reviewed.
23.

On April 19, 2011, this Court entered an Order (Docket 74) granting Defendants’

Motion to Certify questions to the Alaska Supreme Court, and dismissing the Motion and CrossMotion for Summary Judgment without prejudice to renewal after proceedings in the Alaska
Supreme Court.
24.

We reviewed the Order, drafted proposed questions to be certified, negotiated the

language of the proposed questions with the Attorney General’s Office, and, with the
cooperation of the Attorney General’s Office, were able to prepare and file a Stipulated Proposed
Declaration of Michael A. Bamberger in Support of
Plaintiffs’ Application for Attorneys’ Fees and Expenses
American Booksellers et al. v. John Burns,
Case 3:10-cv-00193-RRB
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Order of Certification, including the specific questions, on April 29, 2011 (Docket 75). That
same day, this Court approved the Stipulation, and entered it as a Stipulated Order of
Certification (Docket 76).
25.

The Clerk of this Court transmitted the Stipulated Order of Certification to the

Alaska Supreme Court, which sent this Court notice that it had opened the case (Docket 77).
26.

Our time during this period was as follows:

Name

Position

Michael Bamberger

Partner

7.7

$600

$4,620

Richard M. Zuckerman

Partner

8.3

$550

$4,565

Joshua Kroot

Associate

3.1

$175

$543

Subtotal

F.

Total
Hours

Billing Rate
Requested

Fees
Requested

19.1

$9,728

June 2011: Receipt and Review of Decision of Alaska Supreme Court
Declining to Answer Certified Questions; Preparation and Filing of
Plaintiffs’ Renewed Motion for Summary Judgment; Receipt and
Review of Defendants’ Renewed Cross-Motion for Summary
Judgment; Initial Preparation of Reply Papers on Plaintiffs’ Renewed
Motion; Receipt and Review of this Court’s Decision Granting
Summary Judgment
27.

On June 8, 2011, this Court received notice that the Alaska Supreme Court

declined to answer the certified questions (Docket 79).
28.

We prepared papers to renew Plaintiffs’ Motion for Summary Judgment, which

we filed on June 16, 2011 (Docket 80, 81). Defendants filed a Response (Docket 82) and
renewed their Cross-Motion for Summary Judgment (Docket 83). We began to prepare a Reply,
which was not filed..

Declaration of Michael A. Bamberger in Support of
Plaintiffs’ Application for Attorneys’ Fees and Expenses
American Booksellers et al. v. John Burns,
Case 3:10-cv-00193-RRB
10457493\V-9

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29.

On June 30, 2011, this Court entered its Order granting Plaintiffs’ Motion for

Summary Judgment, and denying Defendants’ Cross-Motion for Summary Judgment (Docket
84).
30.

Our time during this period was as follows:

Name

Position

Richard M. Zuckerman

Total
Hours

Partner

5.6

Subtotal

G.

Billing Rate
Requested

Fees
Requested

$550

$3,080

5.6

$3,080

July 2011: Proceedings Relating to Judgment
31.

In July 2011, we received the Judgment entered by the Court, reviewed the

Judgment, conferred with the Attorney General’s Office regarding possible modifications to the
Judgment (so that the Judgment would reflect the issuance of a permanent injunction) and
submitted a motion to alter or amend the Judgment
32.

Our time during this period relating to the Judgment was as follows:

Name

Position
Partner

Total
Hours
2.2

Billing Rate
Requested
$600

Fees
Requested
$1,320

Michael Bamberger
Richard M. Zuckerman

Partner

1

$550

$550

3.2

Subtotal

H.

$1,870

July 2011: This Fee Application
33.

In July 2011, we also prepared this fee application

34.

Our time during this period relating to the fee application was as follows:

Declaration of Michael A. Bamberger in Support of
Plaintiffs’ Application for Attorneys’ Fees and Expenses
American Booksellers et al. v. John Burns,
Case 3:10-cv-00193-RRB
10457493\V-9

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Name

Position
Partner

Total
Hours
1.8

Billing Rate
Requested
$600

Fees
Requested
$1,080

Michael Bamberger
Richard M. Zuckerman.

Partner

12

$550

$6,600

13.8

Subtotal

35.

$7,680

The 504.6 hours which my firm expended on this action and for which we are

seeking compensation is time which was reasonably and necessarily expended for plaintiffs to
prevail in this action.
II.
36.

QUALIFICATIONS OF ATTORNEYS, AND HOURLY RATES

I will now review the qualifications and experience of each of the attorneys who

devoted time to this matter, the regular hourly rates charged by my firm for their services, and
the rates sought in this case (which are significantly below the regular hourly rates).
37.

Based on my experience (as described below), I am familiar with the hourly rates

charged by law firms in New York, where my office is located, and am also familiar with the
hourly rates charged by law firms in many metropolitan areas across the United States. (Our firm
has offices in 14 medium-size and large cities across the United States, including New York, San
Francisco, Los Angeles, Phoenix, Dallas, St. Louis, Kansas City, and Chicago.) The regular
rates charged by my firm are within the range of rates charged by law firms in New York for
litigation of this nature. We recognize that New York rates are higher than those in other
metropolitan areas, and therefore do not seek our full regular hourly rates. The reduced rates we
seek are within the range of rates charged by law firms in medium-size and large cities across the
United States. We respectfully submit that these rates are reasonable.
Declaration of Michael A. Bamberger in Support of
Plaintiffs’ Application for Attorneys’ Fees and Expenses
American Booksellers et al. v. John Burns,
Case 3:10-cv-00193-RRB
10457493\V-9

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38.

We recognize that these reduced rates are at the high end of the range of

reasonable rates within Alaska. For that reason, we do not ask for a multiplier—which otherwise
would be appropriate in this case. However, we respectfully request that, if the Court determines
that it should use rates below the reduced rates that we request, the Court consider an appropriate
multiplier to bring the award to within the range that we request.
A.

Michael A. Bamberger
39.

The firm seeks compensation for my services at a billing rate of $600 per hour.

My usual rate charged to clients of my firm at this time ranged from $815 to $860 in 2010, and
from $840 to $895 in 2011.
40.

I respectfully refer the Court to the accompanying Declaration of Jonathan

Bloom, which addresses the reasonableness of my hourly rate.
41.

For over twenty-five years, I have represented members of the Media Coalition, a

coalition of media-related entities organized to protect First Amendment rights, in First
Amendment litigation. As noted above, several of the Plaintiffs in this action are members of
Media Coalition. In connection therewith, I have litigated many of the major cases throughout
the country involving the First Amendment and regulation of access by minors to sexually
explicit material. I brought to this case extensive specific relevant experience. Not only am I a
leading First Amendment attorney, but I am considered the nation’s leading expert on laws
concerning restrictions on juvenile access to sexually frank material (“harmful to minors”
material), the subject of this lawsuit.

Declaration of Michael A. Bamberger in Support of
Plaintiffs’ Application for Attorneys’ Fees and Expenses
American Booksellers et al. v. John Burns,
Case 3:10-cv-00193-RRB
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42.

For over 30 years I have litigated issues regarding “harmful to minors” materials

in the U.S. Supreme Court, in seven of the United States Courts of Appeals, in 13 United States
District Courts, and seven state Supreme Courts. (Exhibit D).
43.

I graduated magna cum laude from Harvard Law School in 1960. For the period

1958 through 1960 I was an editor of the Harvard Law Review. I have been interested in First
Amendment issues for many years. My honors thesis at Harvard College dealt with the legal and
administrative problems posed by the U.S. Customs Bureau regulation of motion pictures
imported into the United States. My honors thesis at Harvard Law School concerned the
constitutional and administrative problems associated with FCC content regulation of radio and
television shows. From 1967 through 1973, I was a member of the American Bar Association
Subcommittee on Obscenity and Censorship. From 1979 to 1985, I was a member of the ABA
Subcommittee on Freedom of the Press. I was Chairman of the Committee on Civil Rights of the
Association of the Bar of the City of New York from July 1983 to June 1986.
44.

I have represented various clients concerned with First Amendment issues for

many years and, since 1978, have been General Counsel to Media Coalition. I have participated
in over sixty First Amendment cases in the last thirty years. I am considered the nation’s leading
expert on laws concerning restrictions on juvenile access to sexual frank (“harmful to minors”)
materials, having litigated most of the significant cases in the area.
45.

In addition, I was lead counsel in the District Court, Court of Appeals and U.S.

Supreme Court in Hudnut v. American Booksellers, 771 F.2d 323 (7th Cir. 1985), aff’d, 475 U.S.
1001 (1986).

Declaration of Michael A. Bamberger in Support of
Plaintiffs’ Application for Attorneys’ Fees and Expenses
American Booksellers et al. v. John Burns,
Case 3:10-cv-00193-RRB
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46.

I have also filed many amicus briefs on related issues, including the following

cases: Ashcroft v. Free Speech Coalition, 122 S.Ct. 1389 (2002); U.S. v. X-Citement Video, 115
S.Ct. 464 (1994); FW/PBS, Inc. v. Dallas, 493 U.S. 215 (1990); Ft. Wayne Books v. Indiana, 489
U.S. 46 (1989); Pope v. Illinois, 481 U.S. 497 (1987); Renton v. Playtime Theatres, 89 L.Ed.2d
29 (1986); Maryland v. Macon, 472 U.S. 463 (1985); Brockett v. Spokane Arcades, 472 U.S. 491
(1985); New York v. Ferber, 458 U.S. 747 (1982); Vance v. Universal Amusement Co., Inc., 445
U.S. 308 (1980); Lo-Ji Sales, Inc. v. New York, 442 U.S. 319 (1979); Jenkins v. Georgia, 418
U.S. 153 (1974); Video Software Dealers Ass’n v. Webster, 968 F.2d 684 (8th Cir. 1992); Upper
Midwest Booksellers Ass’n v. Minneapolis, 780 F.2d 1389 (8th Cir. 1985); Penthouse
International v. McAuliffe, 610 F.2d 1354 (5th Cir. 1980); United States v. The Progressive Inc.,
No. 79-1664 (7th Cir. 1979); Playboy Entertainment Group, Inc. v. U.S., No. 96-94/96-107-JJF
(D.Ct. Del. 1996); Village Books v. Bellingham, C88-1470 (W.D. Wash. Feb. 9, 1989). I filed an
amicus brief in Knox v. U.S., 114 S.Ct. 375 (1993), and on remand, at the request of the court
argued orally before the Third Circuit in Knox v. U.S., 32 F.3d 733 (3d Cir. 1994). Without being
immodest, I have thus been in the forefront of much of the major litigation in the United States
over the last thirty years relating to the interplay of the First Amendment and sexually frank
material.
47.

Simply put, there was no one in Alaska with such a depth of experience and

knowledge as I brought to the case. Both the District of South Carolina and Southern District of
Indiana have recognized the reasonableness of a $600 hourly rate for my services. These
decisions were based on my experience and expertise in litigating First amendment cases.
(Exhibit D).
Declaration of Michael A. Bamberger in Support of
Plaintiffs’ Application for Attorneys’ Fees and Expenses
American Booksellers et al. v. John Burns,
Case 3:10-cv-00193-RRB
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B.

Devereux Chatillon
48.

We seek compensation for the services of Ms. Chatillon, who was a partner in our

litigation department during the period of time she worked on this matter, at a billing rate of
$500 per hour. The usual rate charged by my firm for Ms. Chatillon’s services during the time of
this litigation, ranged from $625 to $665 in 2010, and from $645 to $685 in 2011.
49.
C.

I respectfully refer the Court to the accompanying Declaration of Ms. Chatillon,

Richard M. Zuckerman.
50.

We seek compensation for the services of Mr. Zuckerman, who is a partner in

SNR Denton’s litigation department, at a billing rate of $550 per hour. The usual rate charged by
my firm for Mr. Zuckerman’s services during the time of this litigation, ranged from $730 to
$770 in 2010, and from $750 to $810 in 2011.
51.

I respectfully refer the Court to the accompanying Declaration of Mr. Zuckerman.

In further support of Mr. Zuckerman’s requested rate, Plaintiffs request that this Court take into
account the accompanying declaration of Stephen E. Jenkins.
D.

Joshua Kroot.
52.

We seek compensation for the services of Mr. Kroot, who is an associate in SNR

Denton’s litigation department, at a billing rate of $175 per hour. The usual rate charged by my
firm for Mr. Kroot’s services during the time of this litigation, ranged from $290 to $305 in
2010, and from $330 to $350 in 2011.
53.

Mr. Kroot has been a member of the Bar of the State of New York since 2010. He

graduated from the University of Michigan with a B.A. in 2002, graduated from the University
of Southern California School of Law with his J.D. degree in 2009, and graduated from the

Declaration of Michael A. Bamberger in Support of
Plaintiffs’ Application for Attorneys’ Fees and Expenses
American Booksellers et al. v. John Burns,
Case 3:10-cv-00193-RRB
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London School of Economics and Political Science with his LL.M. degree, also in 2009. He
became an associate with our firm in 2010.
III. EXPENSES
54.

As detailed in Exhibit C, expenses were reasonably incurred in connection with

my firm’s role in this action. Full compensation of these expenses in the amount of $5,576.29 is
requested. All of these expenses are of the sort that are normally billed by my firm to clients,
since they are not included as overhead in our attorney fee billing structure.
CONCLUSION
55.

For the foregoing reasons, I submit that the hours billed in this matter were

reasonably expended; and that the billing rates requested are reasonable. The expenses for which
reimbursement is sought was reasonably necessary for the Plaintiffs to prevail in this matter. The
total award sought for attorney’s fees and expenses based on services rendered by my firm
through July 22, 2011 is $163,409.29. I reserve the right to seek an additional fee award for time
after that date, including time expended in negotiating and/or litigating this entitlement to fees,
for expenses incurred but not yet posted, and for time expended on any other proceedings in this
matter.
56.

I declare under penalty of perjury under the laws of the United States that the

facts set forth in this Declaration are true and correct.
Dated: July 25, 2011
s/ Michael A. Bamberger
Michael A. Bamberger

Declaration of Michael A. Bamberger in Support of
Plaintiffs’ Application for Attorneys’ Fees and Expenses
American Booksellers et al. v. John Burns,
Case 3:10-cv-00193-RRB
10457493\V-9

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