Public.Resource.org v. United States Internal Revenue Service

Filing 94

REPLY (re 91 MOTION for Attorney Fees ) IN SUPPORT OF PUBLIC.RESOURCE.ORG.'S MOTION FOR ATTORNEYS' FEES AND COSTS; SUPPLEMENTAL DECLARATION OF THOMAS R. BURKE WITH EXHIBIT C filed byPublic.Resource.org. (Attachments: # 1 Declaration, # 2 Exhibit C)(Burke, Thomas) (Filed on 8/19/2015)

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RONALD G. LONDON (Pro Hac Vice)
DAVIS WRIGHT TREMAINE LLP
1919 Pennsylvania Ave., N.W., Suite 800
Washington, DC 20006
Telephone: [phone]
Email: [e-mail]

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DAN LAIDMAN (CA State Bar No. 274482)
DIANA PALACIOS (CA State Bar No. 290923)
DAVIS WRIGHT TREMAINE LLP
865 South Figueroa Street, Suite 2400
Los Angeles, CA 90017-2566
Telephone:
[phone]
Email:
[e-mail]
[e-mail]

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Attorneys for Plaintiff Public.Resource.Org

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DAVIS WRIGHT TREMAINE LLP

THOMAS R. BURKE (CA State Bar No. 141930)
DAVIS WRIGHT TREMAINE LLP
505 Montgomery Street, Suite 800
San Francisco, California 94111
Telephone:
[phone]
Facsimile:
[phone]
Email:
[e-mail]

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IN THE UNITED STATES DISTRICT COURT

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THE NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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PUBLIC.RESOURCE.ORG, a California nonprofit organization,
Plaintiff,

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v.
UNITED STATES INTERNAL REVENUE
SERVICE,
Defendant.

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Case No. 13-cv-02789 WHO
SUPPLEMENTAL DECLARATION OF
THOMAS R. BURKE IN SUPPORT OF
PLAINTIFF PUBLIC.RESOURCE.ORG’S
MOTION FOR ATTORNEYS’ FEES AND
COSTS

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SUPPLEMENTAL DECLARATION OF THOMAS R. BURKE ISO MOTION FOR ATTORNEY’S FEES AND COSTS
Case No. 13-cv-02789-WHO

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I, Thomas R. Burke, state:

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I am an attorney admitted to practice before all the courts in the State of California

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and before this Court. I am a partner in the law firm of Davis Wright Tremaine LLP and am one

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of the attorneys representing Plaintiff Public.Resource.Org (“Public.Resource.Org”) in this matter.

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The matters stated herein are true of my own personal knowledge and could competently testify

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them if called as a witness. I make this declaration in support of Public.Resource.Org Motion for

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Attorney’s’ Fees and Costs.

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2.

I estimated in my original declaration, filed on July 29, 2015, that

Public.Resource.Org would incur between $15,000 and $25,000 in additional “fees on fees”

DAVIS WRIGHT TREMAINE LLP

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attorneys’ fees and I stated that I would supplement that information when Public.Resource.Org

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filed its Reply. Attached as Exhibit C is a true and correct copy of the time entries billed by DWT

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in connection with its Motion for Attorneys’ Fees and Reply for which Public.Resource.Org now

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seeks reimbursement as “fees on fees.”

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3.

As reflected in Exhibit C, four DWT attorneys worked on the Motion for

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Attorneys’ Fees and Reply: Thomas R. Burke, Ronald L. London, Daniel A. Laidman, and Diana

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Palacios. They billed a total of 58.7 hours and incurred more than $24,787.50 in fees. This total

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also includes 5 hours which I am informed and believe will be necessary for Ms. Palacios to

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prepare and attend the hearing on the Motion for Attorneys’ Fees. I have eliminated or reduced

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time associated with various tasks, including time spent reviewing and revising briefs. I also

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eliminated time spent by Ms. Palacios familiarizing herself with the case.

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4.

In my original declaration I described the relevant experience and background for

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Mr. London, Mr. Laidman, and myself. Ms. Palacios joined the team to help draft the Motion for

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Attorneys’ Fees and Reply. Ms. Palacios is an associate in the firm’s Los Angeles office. Ms.

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Palacios is a 2012 graduate of the UCI School of Law and is involved in media and public records

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litigation at DWT. Ms. Palacios’ biography is available at

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http://www.dwt.com/people/dianapalacios/. Her billing rate is $ 335 for 2015, which is

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comfortably within the market rates charged by other law firms for associates.

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SUPPLEMENTAL DECLARATION OF THOMAS R. BURKE ISO MOTION FOR ATTORNEY’S FEES AND COSTS
Case No. 13-cv-02789-WHO

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5.

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with this action.

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Accordingly, Public.Resource.Org has incurred $244,322.50 in fees in connection

I declare under penalty of perjury under the laws of the State of California and the United

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States that the foregoing is true and correct and that this declaration was executed this 19th day of

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August, 2015, in Albany, California.

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/s/ Thomas R. Burke_____________
THOMAS R. BURKE

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DAVIS WRIGHT TREMAINE LLP

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DECLARATION OF THOMAS R. BURKE ISO MOTION FOR ATTORNEY’S FEES AND COSTS
Case No. 13-cv-02789-WHO