Bank of New York Mellon v. City of Richmond, California et al

Filing 68

REPLY (re 55 MOTION for Sanctions ) filed byCity of Richmond, California, Gordian Sword LLC, Mortgage Resolution Partners L.L.C., Richmond City Council. (Attachments: # 1 Affidavit Declaration of Stacey Leyton, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F)(Leyton, Stacey) (Filed on 12/20/2013)

EXHIBIT E

Case 2:11-cv-08557-CAS-DTB Document 493 Filed 11/18/13 Page 1 of 8 Page ID #:20277

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THERESA M. TRABER (SBN 116305)
LAUREN TEUKOLSKY (SBN 211381)
Traber & Voorhees
128 N. Fair Oaks Avenue, Suite 204
Pasadena, California 91103
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
MICHAEL RUBIN (SBN 80618)
JONATHAN WEISSGLASS (SBN
185008)
ERIC P. BROWN (SBN 284245)
Altshuler Berzon LLP
177 Post Street, Suite 300
San Francisco, California 94108
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
[e-mail]

SANDRA C. MUÑOZ (SBN 190404)
EDITH CASTAÑEDA (SBN 282870)
Law Offices of Sandra C. Muñoz
5429 E. Beverly Blvd.
Los Angeles, CA 90022
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
(Add’l counsel on next page)

Attorneys for Plaintiffs

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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EASTERN DIVISION

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EVERARDO CARRILLO, et al., for
themselves and all others similarly
situated and the general public,

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Plaintiffs,
v.
SCHNEIDER LOGISTICS, INC.,
et al.,
Defendants.

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Case No. CV 11-8557 CAS (DTBx)
DECLARATION OF DAN
STORMER IN SUPPORT OF
PLAINTIFFS’ MOTION FOR
INTERIM ATTORNEYS’ FEES
Date:
Time:
Judge:

December 16, 2013
10:00 a.m.
Hon. Christina A. Snyder

Case 2:11-cv-08557-CAS-DTB Document 493 Filed 11/18/13 Page 2 of 8 Page ID #:20278

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Additional counsel for plaintiffs:

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GUS T. MAY (SBN 159436)
KEVIN R. KISH (SBN 233004)
MATTHEW E. DECAROLIS (SBN 238595)
Bet Tzedek Legal Services
3250 Wilshire Blvd., 13th Floor
Los Angeles, CA 90010
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
[e-mail]

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Stormer Declaration in Support of Plaintiffs’ Motion for Interim Attorneys’ Fees;
Case No. CV 11-8557 CAS (DTBx)

Case 2:11-cv-08557-CAS-DTB Document 493 Filed 11/18/13 Page 3 of 8 Page ID #:20279

DECLARATION OF DAN STORMER

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I, DAN STORMER, declare and state as follows:
BACKGROUND

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1.

I am an attorney licensed to practice law by the State of California. This

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declaration is submitted in support of the motion for interim attorneys’ fees filed by

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plaintiffs in the above-captioned matter. It is submitted to provide current

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reasonable market rates for counsel. I have personal knowledge of the facts set forth

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below, and if called to testify, could and would competently testify thereto.

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2.

I am a partner of the law firm of Hadsell Stormer Richardson & Renick,

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LLP, which practices primarily in the area of constitutional, civil rights, International

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Human Rights, and public interest law. I have been in the practice of law since 1974

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and a member of the State Bar of California since 1981, an inactive member of the

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State Bar of Colorado (1974), and former member of the State Bar of Washington

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(1977).

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3.

I am “AV Preeminent” rated by Martindale-Hubbell. I have been listed

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in “The Best Lawyers In America” since 1994. Also, as a result of surveys of

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attorneys by the Daily Journal, I have been repeatedly listed as one of the “Top 100

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Most Influential Lawyers in California” (Cal. Law Business). I have been repeatedly

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selected as a SUPER LAWYER by Los Angeles Magazine and Law & Politics

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Magazine. In the same surveys, I was also selected as one of the top 10 lawyers in

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the Los Angeles area. I have been listed since 1999 in “Guide to the World’s

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Leading Labor and Employment Lawyers.” I have been named as a Fellow of the

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College by the Governors of The College of Labor and Employment Lawyers. I have

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been rated as one of the top ten employment lawyers in this state in the only Daily

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Journal survey done on this subject (February 22, 1993). I have also been listed as

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one of the top five plaintiff employment lawyers in California (Chambers

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USA–America’s Leading Business Lawyers, 2003-2004). Our firm is also listed in

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the same study as being one of the top four firms in the state.
Stormer Declaration in Support of Plaintiffs’ Motion for Interim Attorneys’ Fees;
Case No. CV 11-8557 CAS (DTBx)
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4.

Attached as Exhibit A is the listing of awards I have received. Some of

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the highlights include: Religious Liberty Award by the ACLU in 2012; Certificate

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of Special Congressional Recognition by Congressman Howard L. Berman in 2012;

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LGBT Award by the ACLU Foundation of Southern California in 2007; The

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Honorable Robert W. Kenny Award by the Los Angeles Chapter of the National

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Lawyers Guild in 2005; Los Angeles Regional Social Justice Award by Occidental

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College - Urban & Environmental Policy Institute; Certificate of Recognition for

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Human Rights Legal Representation by the California State Assembly; Joseph

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Posner Award by the California Employment Lawyer’s Association; Certificate of

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Recognition for Fighting Discrimination by the California State Assembly

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Resolution; The Los Angeles Office of the City Attorney’s Commendation for

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outstanding contribution to the citizens of Los Angeles in 1995; the California

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Lieutenant Governor’s Commendation for longstanding commitment to ensure equal

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justice and for service to the community in 1995; the Pursuit of Justice Award by the

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California Women’s Law Center in 1995, the California Assembly Resolution

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honoring me for my commitment to civil rights, constitutional law and public interest

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law in 1995; the Clarence Darrow Award by People’s College of Law in 1991; the

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Hollywood Fair Housing Council Award in 1989; the Pro Bono Firm of the Year by

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Public Counsel Law Center in 1987; and the Pro Bono Service Award given to me

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by the Legal Aid Foundation of Los Angeles in 1986.

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5.

During the past 39 years, I have taught at over 250 legal programs and

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seminars, as well as having been a keynote and graduation speaker. I have taught at

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Hastings College of Law (Trial Advocacy, Pre-Trial Criminal Procedure), Loyola

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College of Law (Prisoners’ Rights), San Fernando Valley College of Law (Trial

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Advocacy), and at Southwestern University College of Law (Political Trials). I have

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also taught trial advocacy for the National Institute of Trial Advocacy, Hastings

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College of Trial Advocacy, and California Institute of Trial advocacy. I have

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Stormer Declaration in Support of Plaintiffs’ Motion for Interim Attorneys’ Fees;
Case No. CV 11-8557 CAS (DTBx)
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lectured extensively on Civil Rights and Harassment to students, bar groups, CEB

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organizations and community groups.

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6.

I have been the subject of three Daily Journal profiles (May 2005,

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August 14, 1989, and December 1985), one profile in the Los Angeles Lawyer

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(December 1984), one in the California Lawyer (December 1988) and one in the

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Legal Exchange (May 1990) and in California Law Business (November 1993) as

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well as the Pasadena Star News (April 20, 2005). I was also profiled in the Wagner

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alumni journal (Fall 2008). Additionally, I was profiled in the Santa Monica

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Community College semi-annual publication Voices on Higher Education in 1998.

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7.

I have been acknowledged internationally as one of the leading civil

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rights, employment, plaintiff-side labor and constitutional law attorneys, as

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recognized in “The Best Lawyers in America,” Euromoney Publications’ “Guide to

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the Worlds’ Leading Labour and Employment Lawyers,” “America’s Registry of

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Outstanding Professionals,” as well as the National and International “Who’s Who of

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Professionals.”

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8.

I have tried many cases to juries, including with Theresa Traber, Lauren

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Teukolsky and Sandra Muñoz. On a number of occasions I have achieved results of

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a million dollars or more. Examples are Martin v. Texaco ($20 million), Steffens v.

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Regus ($4.64 million), Schell v. Parks ($4.31 million), Zinzun v. City of Los Angeles

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($3.84 million), Ruiz v. Jackson ($1.6 million), Wysinger v. The Automobile Club of

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Southern California ($1.3 million), and Bonsangue v. ADP (slightly over $1

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million). I have been co-counsel or lead counsel in several dozen cases which have

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settled for seven or eight figures (no decimals included).
REASONABLENESS OF HOURLY RATES

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9.

Through my writing and practice, I have become familiar with the

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market rates charged by attorneys in Los Angeles and elsewhere. This familiarity

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has been obtained in several ways: (1) by handling attorneys’ fee litigation; (2) by

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discussing fees with other attorneys; (3) by obtaining declarations regarding
Stormer Declaration in Support of Plaintiffs’ Motion for Interim Attorneys’ Fees;
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prevailing market rates in cases in which I represent attorneys seeking fees; and (4)

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by reviewing attorneys’ fee applications and awards in other cases, as well as articles

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on attorneys’ fees in legal newspapers and treatises.

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10.

On numerous occasions I have had an opportunity to submit attorneys

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fees applications to various courts under 42 U.S.C. § 1983, California Fair

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Employment and Housing Act, Government Code Section 12900, et seq., and other

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fee-shifting statutes. I have done this in both state and federal courts. I have

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repeatedly been awarded attorneys fees at my hourly rate and have regularly been

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granted upward multipliers as well. Since a substantial portion of my firm’s practice

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involves public interest law, we rely upon attorney fee awards as a substantial

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funding base for our firm.

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11.

My 2013 rate is $875 per hour, which I believe to be consistent with the

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Los Angeles market for attorneys with similar skill, experience and reputation. My

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hourly rates have frequently been approved by courts for work performed in the Los

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Angeles area, including Pierce v. County of Orange, Case No. CV 01-00981-ABC-

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MLG (approving my 2011 rate of $825 per hour) and Wang v. Chinese Daily News,

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Case No. CV 04-1498 CBM (JWJx) (approving my 2008 rate of $800 per hour).

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12.

Although most of my work is done on a contingent basis, I currently

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have a number of clients who pay me for my work on an hourly basis at my 2013 rate

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of $875 per hour. This further demonstrates that my hourly rate is consistent with

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the Los Angeles market for attorneys with similar skill, experience and reputation.

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13.

I understand that fees are sought for the following attorneys in this case:

Attorney

Year of

Years of

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Graduation

Experience

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from Law

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Michael Rubin

School
1977

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Hourly Rate

$875

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Stormer Declaration in Support of Plaintiffs’ Motion for Interim Attorneys’ Fees;
Case No. CV 11-8557 CAS (DTBx)
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Theresa Traber

1984

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$795

Jonathan Weissglass

1994

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$725

Janet Herold

1995

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$650

Sandra Muñoz

1997

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$615

Lauren Teukolsky

2000

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$570

Danielle Leonard

2001

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$565

Jennifer Sung

2004

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$490

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Kevin Kish

2004

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$490

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Eric Brown

2008

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$400

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14.

I am extremely familiar with Theresa Traber, Sandra Muñoz and Lauren

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Teukolsky and their skill, experience and reputations. Ms. Traber was an associate

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and then a partner at my former law firm, Litt & Stormer, the biggest private public

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interest firm in Southern California until its dissolution in 1991. I worked directly

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with Ms. Traber on several cases at Litt & Stormer from 1984 to 1991. Since 1991,

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when Ms. Traber founded Traber & Voorhees, I have co-counseled several cases

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with Ms. Traber and others at her firm. Ms. Teukolsky was an associate at my firm,

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Hadsell Stormer Richardson & Renick, from 2002 to 2010, and I worked on

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numerous cases with her, including several trials and arbitrations. Ms. Muñoz was

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an associate at my firm from 1997 to 2003, and I similarly worked on numerous

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cases with her. Since Ms. Muñoz left my firm, I have co-counseled three cases with

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her, including one current case.

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15.

Ms. Traber, Ms. Teukolsky and Ms. Muñoz are exceptionally skilled far

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beyond many other attorneys I have worked with over the course of my career.

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Based on my interactions with other attorneys in Los Angeles, I believe that Ms.

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Traber is widely regarded as one of the leading public interest attorneys in Los

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Angeles, and that Ms. Teukolsky and Ms. Muñoz have excellent reputations in the

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legal community. Based on my extensive work with Ms. Traber, Ms. Teukolsky and
Stormer Declaration in Support of Plaintiffs’ Motion for Interim Attorneys’ Fees;
Case No. CV 11-8557 CAS (DTBx)
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