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)

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EXHIBIT E Case 2:11-cv-08557-CAS-DTB Document 493 Filed 11/18/13 Page 1 of 8 Page ID #:20277 1 2 3 4 5 6 7 8 9 10 11 12 13 14 THERESA M. TRABER (SBN 116305) LAUREN TEUKOLSKY (SBN 211381) Traber & Voorhees 128 N. Fair Oaks Avenue, Suite 204 Pasadena, California 91103 Telephone: (626) 585-9611 Facsimile: (626) 585-1400 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: (415) 421-7151 Facsimile: (415) 362-8064 SANDRA C. MUÑOZ (SBN 190404) EDITH CASTAÑEDA (SBN 282870) Law Offices of Sandra C. Muñoz 5429 E. Beverly Blvd. Los Angeles, CA 90022 Telephone: (323) 720-9400 Facsimile: (323) 720-9090 (Add’l counsel on next page) Attorneys for Plaintiffs 15 UNITED STATES DISTRICT COURT 16 CENTRAL DISTRICT OF CALIFORNIA 17 EASTERN DIVISION 18 19 20 EVERARDO CARRILLO, et al., for themselves and all others similarly situated and the general public, 21 22 23 24 25 26 27 28 Plaintiffs, v. SCHNEIDER LOGISTICS, INC., et al., Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) 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 1 Additional counsel for plaintiffs: 2 3 4 5 6 7 8 9 10 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: (323) 939-0506 Facsimile: (213) 471-4568 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 1 2 I, DAN STORMER, declare and state as follows: BACKGROUND 3 4 1. I am an attorney licensed to practice law by the State of California. This 5 declaration is submitted in support of the motion for interim attorneys’ fees filed by 6 plaintiffs in the above-captioned matter. It is submitted to provide current 7 reasonable market rates for counsel. I have personal knowledge of the facts set forth 8 below, and if called to testify, could and would competently testify thereto. 9 2. I am a partner of the law firm of Hadsell Stormer Richardson & Renick, 10 LLP, which practices primarily in the area of constitutional, civil rights, International 11 Human Rights, and public interest law. I have been in the practice of law since 1974 12 and a member of the State Bar of California since 1981, an inactive member of the 13 State Bar of Colorado (1974), and former member of the State Bar of Washington 14 (1977). 15 3. I am “AV Preeminent” rated by Martindale-Hubbell. I have been listed 16 in “The Best Lawyers In America” since 1994. Also, as a result of surveys of 17 attorneys by the Daily Journal, I have been repeatedly listed as one of the “Top 100 18 Most Influential Lawyers in California” (Cal. Law Business). I have been repeatedly 19 selected as a SUPER LAWYER by Los Angeles Magazine and Law & Politics 20 Magazine. In the same surveys, I was also selected as one of the top 10 lawyers in 21 the Los Angeles area. I have been listed since 1999 in “Guide to the World’s 22 Leading Labor and Employment Lawyers.” I have been named as a Fellow of the 23 College by the Governors of The College of Labor and Employment Lawyers. I have 24 been rated as one of the top ten employment lawyers in this state in the only Daily 25 Journal survey done on this subject (February 22, 1993). I have also been listed as 26 one of the top five plaintiff employment lawyers in California (Chambers 27 USA–America’s Leading Business Lawyers, 2003-2004). Our firm is also listed in 28 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) -1- Case 2:11-cv-08557-CAS-DTB Document 493 Filed 11/18/13 Page 4 of 8 Page ID #:20280 1 4. Attached as Exhibit A is the listing of awards I have received. Some of 2 the highlights include: Religious Liberty Award by the ACLU in 2012; Certificate 3 of Special Congressional Recognition by Congressman Howard L. Berman in 2012; 4 LGBT Award by the ACLU Foundation of Southern California in 2007; The 5 Honorable Robert W. Kenny Award by the Los Angeles Chapter of the National 6 Lawyers Guild in 2005; Los Angeles Regional Social Justice Award by Occidental 7 College - Urban & Environmental Policy Institute; Certificate of Recognition for 8 Human Rights Legal Representation by the California State Assembly; Joseph 9 Posner Award by the California Employment Lawyer’s Association; Certificate of 10 Recognition for Fighting Discrimination by the California State Assembly 11 Resolution; The Los Angeles Office of the City Attorney’s Commendation for 12 outstanding contribution to the citizens of Los Angeles in 1995; the California 13 Lieutenant Governor’s Commendation for longstanding commitment to ensure equal 14 justice and for service to the community in 1995; the Pursuit of Justice Award by the 15 California Women’s Law Center in 1995, the California Assembly Resolution 16 honoring me for my commitment to civil rights, constitutional law and public interest 17 law in 1995; the Clarence Darrow Award by People’s College of Law in 1991; the 18 Hollywood Fair Housing Council Award in 1989; the Pro Bono Firm of the Year by 19 Public Counsel Law Center in 1987; and the Pro Bono Service Award given to me 20 by the Legal Aid Foundation of Los Angeles in 1986. 21 5. During the past 39 years, I have taught at over 250 legal programs and 22 seminars, as well as having been a keynote and graduation speaker. I have taught at 23 Hastings College of Law (Trial Advocacy, Pre-Trial Criminal Procedure), Loyola 24 College of Law (Prisoners’ Rights), San Fernando Valley College of Law (Trial 25 Advocacy), and at Southwestern University College of Law (Political Trials). I have 26 also taught trial advocacy for the National Institute of Trial Advocacy, Hastings 27 College of Trial Advocacy, and California Institute of Trial advocacy. I have 28 Stormer Declaration in Support of Plaintiffs’ Motion for Interim Attorneys’ Fees; Case No. CV 11-8557 CAS (DTBx) -2- Case 2:11-cv-08557-CAS-DTB Document 493 Filed 11/18/13 Page 5 of 8 Page ID #:20281 1 lectured extensively on Civil Rights and Harassment to students, bar groups, CEB 2 organizations and community groups. 3 6. I have been the subject of three Daily Journal profiles (May 2005, 4 August 14, 1989, and December 1985), one profile in the Los Angeles Lawyer 5 (December 1984), one in the California Lawyer (December 1988) and one in the 6 Legal Exchange (May 1990) and in California Law Business (November 1993) as 7 well as the Pasadena Star News (April 20, 2005). I was also profiled in the Wagner 8 alumni journal (Fall 2008). Additionally, I was profiled in the Santa Monica 9 Community College semi-annual publication Voices on Higher Education in 1998. 10 7. I have been acknowledged internationally as one of the leading civil 11 rights, employment, plaintiff-side labor and constitutional law attorneys, as 12 recognized in “The Best Lawyers in America,” Euromoney Publications’ “Guide to 13 the Worlds’ Leading Labour and Employment Lawyers,” “America’s Registry of 14 Outstanding Professionals,” as well as the National and International “Who’s Who of 15 Professionals.” 16 8. I have tried many cases to juries, including with Theresa Traber, Lauren 17 Teukolsky and Sandra Muñoz. On a number of occasions I have achieved results of 18 a million dollars or more. Examples are Martin v. Texaco ($20 million), Steffens v. 19 Regus ($4.64 million), Schell v. Parks ($4.31 million), Zinzun v. City of Los Angeles 20 ($3.84 million), Ruiz v. Jackson ($1.6 million), Wysinger v. The Automobile Club of 21 Southern California ($1.3 million), and Bonsangue v. ADP (slightly over $1 22 million). I have been co-counsel or lead counsel in several dozen cases which have 23 settled for seven or eight figures (no decimals included). REASONABLENESS OF HOURLY RATES 24 25 9. Through my writing and practice, I have become familiar with the 26 market rates charged by attorneys in Los Angeles and elsewhere. This familiarity 27 has been obtained in several ways: (1) by handling attorneys’ fee litigation; (2) by 28 discussing fees with other attorneys; (3) by obtaining declarations regarding Stormer Declaration in Support of Plaintiffs’ Motion for Interim Attorneys’ Fees; Case No. CV 11-8557 CAS (DTBx) -3- Case 2:11-cv-08557-CAS-DTB Document 493 Filed 11/18/13 Page 6 of 8 Page ID #:20282 1 prevailing market rates in cases in which I represent attorneys seeking fees; and (4) 2 by reviewing attorneys’ fee applications and awards in other cases, as well as articles 3 on attorneys’ fees in legal newspapers and treatises. 4 10. On numerous occasions I have had an opportunity to submit attorneys 5 fees applications to various courts under 42 U.S.C. § 1983, California Fair 6 Employment and Housing Act, Government Code Section 12900, et seq., and other 7 fee-shifting statutes. I have done this in both state and federal courts. I have 8 repeatedly been awarded attorneys fees at my hourly rate and have regularly been 9 granted upward multipliers as well. Since a substantial portion of my firm’s practice 10 involves public interest law, we rely upon attorney fee awards as a substantial 11 funding base for our firm. 12 11. My 2013 rate is $875 per hour, which I believe to be consistent with the 13 Los Angeles market for attorneys with similar skill, experience and reputation. My 14 hourly rates have frequently been approved by courts for work performed in the Los 15 Angeles area, including Pierce v. County of Orange, Case No. CV 01-00981-ABC- 16 MLG (approving my 2011 rate of $825 per hour) and Wang v. Chinese Daily News, 17 Case No. CV 04-1498 CBM (JWJx) (approving my 2008 rate of $800 per hour). 18 12. Although most of my work is done on a contingent basis, I currently 19 have a number of clients who pay me for my work on an hourly basis at my 2013 rate 20 of $875 per hour. This further demonstrates that my hourly rate is consistent with 21 the Los Angeles market for attorneys with similar skill, experience and reputation. 22 23 13. I understand that fees are sought for the following attorneys in this case: Attorney Year of Years of 24 Graduation Experience 25 from Law 26 27 Michael Rubin School 1977 36 Hourly Rate $875 28 Stormer Declaration in Support of Plaintiffs’ Motion for Interim Attorneys’ Fees; Case No. CV 11-8557 CAS (DTBx) -4- Case 2:11-cv-08557-CAS-DTB Document 493 Filed 11/18/13 Page 7 of 8 Page ID #:20283 1 Theresa Traber 1984 29 $795 Jonathan Weissglass 1994 19 $725 Janet Herold 1995 18 $650 Sandra Muñoz 1997 16 $615 Lauren Teukolsky 2000 13 $570 Danielle Leonard 2001 12 $565 Jennifer Sung 2004 9 $490 9 Kevin Kish 2004 9 $490 10 Eric Brown 2008 5 $400 2 3 4 5 6 7 8 11 14. I am extremely familiar with Theresa Traber, Sandra Muñoz and Lauren 12 Teukolsky and their skill, experience and reputations. Ms. Traber was an associate 13 and then a partner at my former law firm, Litt & Stormer, the biggest private public 14 interest firm in Southern California until its dissolution in 1991. I worked directly 15 with Ms. Traber on several cases at Litt & Stormer from 1984 to 1991. Since 1991, 16 when Ms. Traber founded Traber & Voorhees, I have co-counseled several cases 17 with Ms. Traber and others at her firm. Ms. Teukolsky was an associate at my firm, 18 Hadsell Stormer Richardson & Renick, from 2002 to 2010, and I worked on 19 numerous cases with her, including several trials and arbitrations. Ms. Muñoz was 20 an associate at my firm from 1997 to 2003, and I similarly worked on numerous 21 cases with her. Since Ms. Muñoz left my firm, I have co-counseled three cases with 22 her, including one current case. 23 15. Ms. Traber, Ms. Teukolsky and Ms. Muñoz are exceptionally skilled far 24 beyond many other attorneys I have worked with over the course of my career. 25 Based on my interactions with other attorneys in Los Angeles, I believe that Ms. 26 Traber is widely regarded as one of the leading public interest attorneys in Los 27 Angeles, and that Ms. Teukolsky and Ms. Muñoz have excellent reputations in the 28 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) -5- Case 2:11-cv-08557-CAS-DTB Document 493 Filed 11/18/13 Page 8 of 8 Page ID #:20284

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