In re National Security Agency Telecommunications Records Litigation

Filing 738

MOTION for Attorney Fees filed by Al-Haramain Islamic Foundation, Inc., Wendell Belew, Asim Ghafoor. (Attachments: # 1 Declaration of William N. Hancock, # 2 Declaration of J. Ashlee Albies, # 3 Declaration of Jon B. Eisenbeg, # 4 Declaration of Kenneth A. Kreucher, # 5 Declaration of Lisa Jaskol, # 6 Declaration of Steven Goldberg, # 7 Declaration of Thomas H. Nelson, # 8 Declaration of Zaha S. Hassan, # 9 Certificate of Service)(Eisenberg, Jon) (Filed on 7/7/2010)

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In re National Security Agency Telecommunications Records Litigation Doc. 738 Att. 1 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 Jon B. Eisenberg, California Bar No. 88278 (jon@eandhlaw.com) William N. Hancock, California Bar No. 104501 (bill@eandhlaw.com) Eisenberg & Hancock LLP 1970 Broadway, Suite 1200 Oakland, CA 94612 510.452.258l Fax 510.452.3277 Steven Goldberg, Oregon Bar No. 75134 (steven@stevengoldberglaw.com) River Park Center, Suite 300 205 SE Spokane St. Portland, OR 97202 503.445-4622 Fax 503.238.7501 Thomas H. Nelson, Oregon Bar No. 78315 (nelson@thnelson.com) P.O. Box 1211, 24525 E. Welches Road Welches, OR 97067 503.622.3123 - Fax: 503.622.1438 Zaha S. Hassan, California Bar No. 184696 (zahahassan@comcast.net) P.O. Box 1168 Lake Oswego, OR 97034 360.213.9737 - Fax 866.399.5575 J. Ashlee Albies, Oregon Bar No. 05184 (ashlee@sstcr.com) Steenson, Schumann, Tewksbury, Creighton and Rose, PC 815 S.W. Second Ave., Suite 500 Portland, OR 97204 503.221.1792 Fax 503.223.1516 Lisa R. Jaskol, California Bar No. 138769 (ljaskol@earthlink.net) 610 S. Ardmore Ave. Los Angeles, CA 90005 213.385.2977 Fax 213.385.9089 Attorneys for Plaintiffs Al-Haramain Islamic Foundation, Inc., Wendell Belew and Asim Ghafoor IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA IN RE NATIONAL SECURITY AGENCY TELECOMMUNICATIONS RECORDS LITIGATION This Document Relates Solely To: Al-Haramain Islamic Foundation, Inc., et al. v. Obama, et al. (C07-CV-0109-VRW) AL-HARAMAIN ISLAMIC FOUNDATION, INC., et al., Plaintiffs, vs. BARACK H. OBAMA, President of the United States, et al., Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) MDL Docket No. 06-1791 VRW DECLARATION OF WILLIAM N. HANCOCK IN SUPPORT OF MOTION FOR ATTORNEY'S FEES Dockets.Justia.com 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, William N. Hancock, hereby declare as follows: 1. I make this declaration of my own personal knowledge and could testify thereto if called as a witness. 2. I am currently a partner in Eisenberg and Hancock, LLP, and am admitted to practice law in all California State Courts and the Federal District Court for the Northern District of California. 3. I am a 1982 graduate of Hastings College of the Law where I was Order of the Coif and a member of the Thurston Honor Society. I was admitted to the California bar in 1982. Upon graduation, I worked as an associate with Orrick, Herrington & Sutcliffe in San Francisco. In 1983, I left Orrick and began a two-year clerkship with the Honorable J. Anthony Kline of the California Court of Appeal in San Francisco. In 1985, I was a founding staff member of the First District Appellate Project in San Francisco. In 1986, I returned to the California Court of Appeal, working first as a research attorney on the central staff for the Sixth District in San Jose (one year), then as a chambers attorney for the Honorable Clinton White, Presiding Justice of Division Three of the First District Court of Appeal in San Francisco (7 years), was temporarily assigned to the staff of the Honorable Ming Chin (when he was a Justice of the Court of Appeal) upon Justice White's retirement, and was later hired by the Honorable Joanne Parrilli of the First District Court of Appeal as a Senior Research Attorney in her chambers (five years). In 2001, I left the court to work for Horvitz & Levy, LLP, a 35-lawyer appellate specialty firm headquartered in Encino, California, first as a contract attorney, and then as "of counsel" in their Oakland office. In April of 2004, I left Horvitz & Levy to establish my own appellate practice, the Hancock Law Office, in San Francisco. In July of 2006, I formed a law partnership, Eisenberg and Hancock, LLP with my long time colleague, Jon B. Eisenberg. Mr. Eisenberg and I continue to practice law together as Eisenberg and Hancock, LLP. 4. Since I returned to private practice in 2001, I have handled dozens of appeals in the California Court of Appeal as either the lead attorney primarily responsible for drafting the briefs, or as a supervising attorney, responsible for editing the briefs and advising the primary author. In addition, I have had more limited involvement in several federal appeals in the Ninth Circuit. DECLARATION OF W I L L I A M N. HANCOCK IN SUPPORT OF MOTION FOR ATTORNEY'S FEES 1 M D L DOCKET NO. 06-1791 VRW 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 5. appellate In 2009 and 2010, I was named a Northern California "Super Lawyer" in the field of law. The Super Lawyer selection process is described at http://www.superlawyers.com/about/selection_process.html. In the Spring semester of 2009, I taught California Appellate Process as an adjunct professor at the University of California, Hastings College of the Law. I have been invited to return to Hastings to again teach this class, but I am currently alternating teaching duties with my partner, Jon Eisenberg. 6. My current standard commercial rate is $525 per hour. I routinely charge this rate to a variety of clients who are billed monthly for my services. I am informed and believe that my standard commercial rate is reasonable and customary for an attorney of my experience and caliber practicing in San Francisco, California. 7. I first became involved in the Al-Haramain litigation in July of 2006 when I formed a partnership with Mr. Eisenberg. Mr. Eisenberg has been the lead attorney in the Al-Haramain litigation for our firm, while I have played a supporting role, conducting legal research, review and analysis of documents, and other ancillary services as needed. I have been actively engaged in helping to craft the strategy for this litigation, particularly as that strategy might have implications for future appeals. 8. I am primarily responsible for preparing and overseeing the billing records of Eisenberg and Hancock, LLP. Generally, Mr. Eisenberg submits his written time entries to me on a daily basis which I in turn cause to be entered into our computerized billing program. Because I am responsible for maintaining the computerized billing program, I enter my time entries directly into the billing program on a daily basis. All attorneys, paralegals, and law clerks in our office bill in increments of .1 of an hour. In the ordinary course of business, all billing entries are generally made in our RTG billing program on the day the work is done, or, at maximum, within 48 to 72 hours of when the work is performed. 9. 10. To date, I have devoted 235.1 hours to this case as detailed below. Pursuant to Civil Local Rule 54-5(b)(2), I provide the following statement of the services I have rendered in this case and summary of the time I have spent providing those services. At the Court's request, and pursuant to Civil Local Rule 54-5(b)(2), I am prepared to produce my DECLARATION OF W I L L I A M N. HANCOCK IN SUPPORT OF MOTION FOR ATTORNEY'S FEES 2 M D L DOCKET NO. 06-1791 VRW 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 contemporary time records or an abstract thereof for in camera inspection by the Court, if the Court deems it appropriate. hours. Tasks and research re: security procedures; motion for partial summary judgment, Legal research (7/10/06-7/31/06): 3.0 hours. Prepare retention letter; tasks related to motion to dismiss (8/4/06-10/31/06): 2.6 motion for stay; MDL coordination hearing, computer wiping: (11/01/06-11/27/06): 5.7 hours. Tasks re: computer wiping issues; review new administration FISA policy; prepare quarterly attorney fee report; legal research on sovereign immunity(1/09/07-1/31/07): 7.0 hours. hours. Tasks re: motion for summary judgment, computer wiping, stay request, consolidation Tasks re: stay issues; prepare for and attend 2/9/07 hearing (2/05/07-2/20/07): 4.5 of Al-Haramain and Hepting appeals, Hepting amicus curiae brief: (3/13/074/30/07): 7.3 hours. Tasks re: appellees brief, Hepting amicus curiae brief, computer wiping issues, Comey testimony; review govt's 9th Cir. brief; review and edit appellee's brief: (5/1/07-6/30/07): 12.6 hours. Finalize appellees brief for filing, related legal research; review and analysis of govt's reply brief, assist with preparing J. Eisenberg for oral argument; meet with litigation team at DOJ office to review sealed filings; attend oral argument in 9th Cir. (7/1/07-9/30/07): 41 hours. Review and analysis of 9th Circuit opinion; meeting with EFF re: post-appeal strategy (10/1/07 - 12/31/07): 4.3 hours. Analysis of post-appeal strategy; assist with preparing amended motion for summary judgment; assist with and edit opposition to second motion to dismiss; attend hearing on second motion to dismiss (1/1/08 - 5/31/08) : 14.3 hours. Review and analysis of trial court preemption decision; legal research re: same; assist with preparing amended complaint; edit amended complaint; legal research re: same (6/1/08 7/31/08): 27.6 hours. Attend September 12, 2008 CMC; conference with J. Eisenberg and S. Goldberg re: DECLARATION OF W I L L I A M N. HANCOCK IN SUPPORT OF MOTION FOR ATTORNEY'S FEES 3 M D L DOCKET NO. 06-1791 VRW 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 same; review 1806(f) motion; assist with preparing opposition to third motion to dismiss; legal research for opposition to third motion to dismiss; review and edit opposition to third motion to dismiss; assist with preparing J. Eisenberg for hearing on third motion to dismiss; attend hearing on third motion to dismiss, post-argument meeting with litigation team re: same (8/1/08-12/31/08): 17.6 hours. Review and analysis of 1/5/09 order; review and edit CMC statement; legal research re: appealability of interim order; attend CMC; review and edit opposition to 1292(b) motion; review and edit motion to dismiss govt.'s appeal of interim order (1/1/09-3/31/09): 10.7 hours. Review and analysis of Obama administration's revised position on state secrets privilege; review 4/17/09 order and related e-mails; review and analysis of Jeppesen opinion; review and analysis of Judge Walker's order to show cause against defendants; legal research re: same; conferences with co-counsel re: same; review and analysis of defendants' response to order to show cause; assist in preparing J. Eisenberg for hearing on order to show cause; prepare for and attend hearing on order to show cause; tasks re: stipulation for briefing schedule (4/1/09 - 6/30/09): 30.9 hours. Review and edit motion for summary judgment; attend hearing on motion for summary judgment and defendant's fourth motion to dismiss; legal research re: related cases (7/1/0912/31/09): 6.8 hours. Review Jewel dismissal order; review and analysis of decision on motion for summary judgment; legal research re: motion for attorney fees; legal research re: punitive damages; conferences with litigation team re: strategy for judgment/punitive damages; conference re: motion for attorney fees; legal research re: cy pres doctrine; review and edit memo on punitive damages (1/1/10 - 4/30/10): 27 hours. Review government filings re: judgment; review and edit revised memo on punitive damages; prepare attorney fee application and cost bill and declaration in support thereof (5/1/106/28/10): 12.2 hours. 11. I request an award of my attorney's fees in the sum of $118,960.60 consisting of 235.1 hours times $506 per hour. DECLARATION OF W I L L I A M N. HANCOCK IN SUPPORT OF MOTION FOR ATTORNEY'S FEES 4 M D L DOCKET NO. 06-1791 VRW 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 declare under penalty of perjury that the foregoing is true and correct. Executed this 7th day of July, 2010, in San Francisco, California. /s/ William N. Hancock DECLARATION OF W I L L I A M N. HANCOCK IN SUPPORT OF MOTION FOR ATTORNEY'S FEES 5 M D L DOCKET NO. 06-1791 VRW

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