American Booksellers Foundation for Free Expression et al v. Sullivan

Filing 91

DECLARATION of Thomas Stenson 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. (Bamberger, Michael)

UNITED STATES DISTRICT COURT
DISTRICT OF ALASKA

FOR FREE EXPRESSION g &,
t
Plaintiffs,

John J. Burns, in his official capacity as
ATTORNEYGENERALOFTHESTATEOF
ALASKA,

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

Defendant.

DECLARATION OF THOMAS STENSON

Thomas Stenson declares, under penalty of perjury:
1. I have worked as an attorney for the ACLU of Alaska Foundation since
September 2008. I have been licensed to practice law in Alaska since May 2008.

I served as co-counsel in the above captioned case throughout its pendency,
representing the Plaintiffs. I conducted legal research and writing in the matter,
met telephonically with co-counsel, and participated in tactical and strategic
planning in the matter.
2. 1graduated from the University of Pennsylvania Law School in May 2005.
After graduation I worked as an assistant defender for the Defender Association oi
Philadelphia, the public defender for the city of Philadelphia from September 200:
until August 2008.

Declaration of Thomas Stenson for Motion for Attorney's Fees
A7rrericorz Booksellers et. al., v. John J BBII~IIS, 3:10-cv-00
Case
193-RRB

3. I worked a total of seven (7.0) hours on this case for which I am requesting

eimbursement.
4. On August 24, 2010, I spent one and a half (1.5) hours conducting research
nto legislative history on the challenged bill and its precursor, as well as into
ilaska law on statutory interpretation.

5. On January 18,2011, I spent one and a half (1.5) hours conducting researcl
n response to the state's cross-motion for summary judgment and motion for
:ertification of questions to the Alaska Supreme Court. This included research intl
he general issue of certification of questions to state supreme courts, as well as
ilaska law and procedures specific to certification of questions of state law to the
ilaska Supreme Court.

6. On January 2 1,2011, I spent one (1.O) hour researching local rules and
rocedure on filing and motions for summary judgment.
7. On March 4,201 1, I spent two (2.0) hours researching Alaska and federal
:ase law relating to mens rea and the inference of a mens rea standard to avoid
:onstitutionalproblems in statutory interpretation.
8. On March 21,201 1, I spent one (1.0) hour conducting research and
eviewing language for the plaintiffs' reply in support of the motion for summary
udgment.
9. I spent many hours beyond the hours recounted here in teleconference with

:o-counsel, reading the pleadings in the case, and engaged in other activity in

)eclaration of Tllomas Stenson for Motion for Attorney's Fees
'niericanBooksellers el. al., v. Joh~i Bti~ris,
J.
Case 3:10-cv-00193-RRB

;upport of the litigation. I have omitted these hours from my hours charged and
imited the accounting of hours to those spent in research and writing.
10.My hourly rate for this work is $225.00 per hour. This is a reasonable rate
hr an attorney of comparable skills and experience in the community. I was
~reviously
granted attorney's fees at that rate in another matter in Alaska state
:ourt. Engle v. iMzrnicipnlity ofrinchornge, Case No. 3AN-10-07047CI. I can
~rovide,
upon request, a copy of the court order in that case granting fees at that
iourly rate.

c
11. The total cost of the work for which I am seeking reimbursement would b
;1,575 (i.e., $225 x 7.0).

3y my signature below, I declare under penalty of perjury that the foregoing is
rue and correct.

Zxecuted thi&

$4of July of 201 1
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A

THOMAS STENSON
AK Bar No. 0808054

Ieclaration of Thomas Stenson for Motion for Attorney's Fees
Intericnn BookseNe~set. a/., v. John .
I
BZN.IIS, 3 : 10-cv-00193-RRB
Case