Video Software Dealers Association et al v. Schwarzenegger et al

Filing 130

Supplemental Declaration of Ethan D. Dettmer in Support of 128 Reply to Opposition filed by Video Software Dealers Association, Entertainment Software Association. (Related document(s)128) (Dettmer, Ethan) (Filed on 10/5/2007) Modified text on 10/10/2007 (dhm, COURT STAFF).

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Video Software Dealers Association et al v. Schwarzenegger et al Doc. 130 Case 5:05-cv-04188-RMW Document 130 Filed 10/05/2007 Page 1 of 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 GIBSON, DUNN & CRUTCHER LLP THEODORE J. BOUTROUS, JR., SBN 132099 H. MARK LYON, SBN 162061 ETHAN D. DETTMER, SBN 196046 1881 Page Mill Road Palo Alto, California 94304 Telephone: (650) 849-5300 Facsimile: (650) 849-5333 JENNER & BLOCK LLP PAUL M. SMITH (pro hac vice) KATHERINE A. FALLOW (pro hac vice) AMY L. TENNEY (pro hac vice) MATTHEW S. HELLMAN (pro hac vice) 601 13th Street, N.W., Suite 1200 Washington, D.C. 20005 Telephone: (202) 639-6000 Facsimile: (202) 639-6066 Attorneys for Plaintiffs VIDEO SOFTWARE DEALERS ASSOCIATION and ENTERTAINMENT SOFTWARE ASSOCIATION UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA VIDEO SOFTWARE DEALERS ASSOCIATION and ENTERTAINMENT SOFTWARE ASSOCIATION, Plaintiffs, vs. ARNOLD SCHWARZENEGGER, in his official capacity as Governor of the State of California; BILL LOCKYER, in his official capacity as Attorney General of the State of California; GEORGE KENNEDY, in his official capacity as Santa Clara County District Attorney, RICHARD DOYLE, in his official capacity as City Attorney for the City of San Jose, and ANN MILLER RAVEL, in her official capacity as County Counsel for the County of Santa Clara, Defendants. CASE NO. C 05-4188 RMW (RS) SUPPLEMENTAL DECLARATION OF ETHAN D. DETTMER IN SUPPORT OF PLAINTIFFS' MOTION FOR ATTORNEYS' FEES AND COSTS Date: Time October 19, 2007 9:00 a.m. SUPPLEMENTAL DECLARATION OF ETHAN D. DETTMER IN SUPPORT OF MOTION FOR ATTORNEYS' FEES AND COSTS CASE NO. C 05-4188 RMW (RS) Dockets.Justia.com Case 5:05-cv-04188-RMW Document 130 Filed 10/05/2007 Page 2 of 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I, ETHAN D. DETTMER, declare as follows: I am a partner in the law firm of Gibson, Dunn & Crutcher LLP ("Gibson Dunn" or the "Firm"), and I am an attorney for plaintiffs Video Software Dealers Association and Entertainment Software Association (collectively, the "Plaintiffs") in this action. I submit this supplemental declaration in further support of Plaintiffs' Application for Attorneys' Fees and Costs, made pursuant to 28 U.S.C. § 1920, 42 U.S.C. § 1988, Fed. R. Civ. P. 54(d), and Northern District Civil Local Rule 54-6. The facts stated in this declaration are based on my personal knowledge, and if called to testify, I could and would testify competently thereto. 1. Since filing the Motion for Attorneys' Fees and Costs in August 2007, the Plaintiffs have incurred additional costs and attorneys' fees in this action. These fees and costs relate to the bringing of the Motion for Attorneys' Fees and Costs. Experience of Gibson, Dunn & Crutcher LLP Attorneys 2. Joseph W. Guzzetta is an associate of Gibson Dunn, resident in the Firm's Palo Alto office. He currently practices in the Firm's litigation department. Prior to joining the Firm, Mr. Guzzetta was an associate of the law firm of Skadden, Arps, Slate, Meagher & Flom LLP resident in that Firm's the Palo Alto office. Mr. Guzzetta received his law degree from New York University School of Law in 2004. Mr. Guzzetta earned his undergraduate degree with highest honors from the University of California at Santa Cruz. During the relevant time period, Mr. Guzzetta's billing rate was $410 per hour. 3. Additionally, as reflected below, I expended additional time in the month of August 2007. As noted in my previous declaration, the billing rates that Gibson, Dunn charges its clients change periodically. During the relevant time period, my billing rate was $555 per hour. 4. These hourly rates are the same rates customarily charged clients for services by the listed attorneys and staff at the time when these services were rendered on behalf of Plaintiffs in this case. These are also the same rates the Firm charged to clients in other cases at the time. These hourly rates are commensurate with the rates charged at that time by other comparable law firms in the San Francisco Bay Area for services by attorneys with similar levels of experience. See 1 SUPPLEMENTAL DECLARATION OF ETHAN D. DETTMER IN SUPPORT OF MOTION FOR ATTORNEYS' FEES AND COSTS CASE NO. C 05-4188 RMW (RS) Case 5:05-cv-04188-RMW Document 130 Filed 10/05/2007 Page 3 of 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Declaration of Ethan D. Dettmer in Support of Motion for Attorneys' Fees and Costs ¶ 16; Attachment C. Attorneys' Fees And Costs Incurred By Plaintiffs 5. Since the filing of the fee application, the plaintiffs have incurred additional attorneys' fees in the amount of $9,897.35 for services rendered by Gibson Dunn attorneys. I prepared Attachment A to this fee application along with Mr. Guzzetta, which includes an itemized list of the time expended and services rendered in this case in the month of August 2007. Attachment A is comprised of the legal bills for services rendered by Gibson Dunn attorneys in this matter. 6 The time entries listed in Attachment A were recorded by the listed attorneys on or near the date on which the services were rendered in this proceeding, and submitted contemporaneously for entry into the Firm's timekeeping system. The time entries have more recently been edited to protect privileged communications with the client, or to protect aspects of litigation strategy or attorney mental impressions that are protected by the attorney work product doctrine and to remove entries for which we are not seeking reimbursement (note that the figures representing the total billings in Attachment A have not been altered, but the total amount of fees we are seeking, which is less than the amounts shown in Attachment A, is set forth in ¶ 5 above). As reflected in Attachment A, after considering a variety of factors specific to this litigation, the Firm reduced the attorneys fees we charged to the Plaintiffs in this matter. Unredacted copies of these bills are available for the Court's in camera review pursuant to Civil Local Rule 54-6(b)(2) should the Court desire to review that information. 7. I have reviewed the time records summarized above and reprinted in Attachment A. The hours were reasonably expended to accomplish the tasks necessary for this litigation. The following table summarizes the hours spent by each Gibson Dunn attorney on this case since the Motion for Attorneys' Fees and Costs was submitted: ATTORNEYS Ethan D. Dettmer Joseph W. Guzzetta TOTAL HOURS 4.1 ($555) 20.1 ($410) 2 SUPPLEMENTAL DECLARATION OF ETHAN D. DETTMER IN SUPPORT OF MOTION FOR ATTORNEYS' FEES AND COSTS CASE NO. C 05-4188 RMW (RS) Case 5:05-cv-04188-RMW Document 130 Filed 10/05/2007 Page 4 of 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 8. Attachment A to this fee application also contains all disbursements that Gibson Dunn made in furtherance of this case. The disbursements total $154.76. Mr. Guzzetta and I have reviewed the costs and expenses listed as disbursements in Attachment A, and have verified their accuracy. Attachment B to this fee application contains copies of invoices and other proof of such costs. 9. Based on my familiarity with the facts and issues in this litigation, I believe that the hours and expenses itemized in Attachment A were reasonably and necessarily incurred on behalf of the Plaintiffs. I declare penalty of perjury under the laws of the United States that the foregoing is true and correct. This declaration was executed at San Francisco, California on October 5, 2007. ____________________/s/_________________ Ethan D. Dettmer 100311898_1.DOC 3 SUPPLEMENTAL DECLARATION OF ETHAN D. DETTMER IN SUPPORT OF MOTION FOR ATTORNEYS' FEES AND COSTS CASE NO. 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