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. 8 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 State Bar No. 88278 (jon@eandhlaw.com) William N. Hancouck, California State Bar No. 104501 (bill@eandhlaw.com) Eisenberg & Hancock, LLP 1970 Broadway, Suite 1200 Oakland, CA 97612 510.452.2581 -- Fax 510.452.3277 Steven Goldberg, Oregon Bar No. 75134 (steven@stevengoldberglaw.com) River Park Center, Suite 300 305 SE Spokane St. Portland, OR 97202 503.445.4622 -- Fax 503.238.7501 Thomas H. Nelson, Oregon State Bar No. 78315 (nelson@thnelson.com) P.O. Box 1211, 24525 E. Welches Rd. Welches, OR 97067 503.622.3123 -- Fax 503.622.1438 Zaha S. Hassan, California State Bar No. 184696 (zahahassan@comcast.net) P.O. Box 1187 Lake Oswego, OR 97034 360.213.9737 -- Fax 866.399.5575 J. Ashlee Albies, Oregon State 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 et al., v. Bush, et al. (07-CV-109-VRW), AL HARAMAIN ISLAMIC FOUNDATION,, INC., et al., Plaintiffs, vs. BARAK H. OBAMA, President of the United States, et al., Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) MDL Docket No 06-1791 VRW DECLARATION OF ZAHA S. HASSAN IN SUPPORT OF PLAINTIFFS' MOTION FOR ATTORNEY'S FEES DECLARATION OF ZAHA S. HASSAN IN SUPPORT OF PLAINTIFFS' MOTION FOR ATTORNEY FEES MDL DOCKET NO. 06-1791 VRW - 1 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, Zaha S. Hassan, 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 graduated from UC Berkeley Boalt Hall School of Law in 1996 and was admitted to the California bar that same year. I have also been a member of the Oregon bar since 1997. During my legal training at Boalt Hall, I externed with Judge Claudia Wilken at the Federal District Court for the Northern District of California and with the Criminal Division of the U.S. Attorney's Office in San Francisco. After law school, from September 1996 to January 2001, I worked for Thomas H. Nelson & Associates, first as a contract attorney, then as associate, and later, on an of counsel basis. At this boutique law firm, I provided advice and counsel to large public utilities on issues involving contracts, federal and state regulatory compliance, and municipal law. 3. From 2000, I began providing legal consultancy services to nonprofit, nongovernmental ("NGO") human rights organizations. I also co-founded a human rights advocacy organization in Portland, Oregon in 2000 and have chaired a number of other human rights advocacy NGOs in the last ten years, including the Middle East Subcommittee of the National Lawyers Guild. In 2004, I received my Master's of Law degree from Willamette University in Salem, Oregon in International and Transnational Law with a focus on human rights advocacy. After obtaining my Master's, I moved to the Middle East to work as a legal consultant for a nonprofit NGO representing refugees and internally displaced persons. In that capacity, I was responsible for the preparation and submission of complaints to the UN Human Rights Commission (today, known as the Human Rights Council) on behalf of internally displaced persons seeking UN intervention for large-scale land confiscations in contravention of the International Covenant on Civil and Political Rights. I continue to provide legal consultancy services to this NGO and am a member of its international legal support network. 4. In 2005, I began working on an of counsel basis for medical clinics operating in the states of Washington and Oregon. My representation involved providing advice and counsel DECLARATION OF ZAHA S. HASSAN IN SUPPORT OF PLAINTIFFS' MOTION FOR ATTORNEY FEES MDL DOCKET NO. 06-1791 VRW - 2 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 to the clinics on issues involving employment and labor law, state regulatory compliance, and corporate law. 5. I became involved in the Al Haramain litigation in February 2006 when I was contacted by Thomas Nelson and Steven Goldberg to help with the case. I was involved in the initial analysis and formulation of legal issues, particularly those involving the Foreign Intelligence Surveillance Act and international law claims. My role in the litigation team was to provide legal research, review and assistance with drafting memoranda of law to the two attorneys with primary responsibility for the case, Jon Eisenberg and Steven Goldberg. 6. I am not required to submit time records for my consultancy projects or for my of counsel legal services. I am paid a flat-fee for consultancy projects and am paid a salary for of counsel work. Because I do not generally have a need for a computerized hourly billing, with respect to recording my time for work on the Al Haramain litigation team, my practice was to enter my time contemporaneously in a journal which I later transferred to an Excel program. Throughout the course of the day, I record, in tenths of an hour, the time spent on specific tasks for my work as a part of the Al Haramain litigation team for that day. 7. 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 contemporary time records or an abstract thereof for in camera inspection by the Court, if the Court deems it appropriate. My hours include time spent traveling to San Francisco for hearings in this case. The case was initially and appropriately filed in Oregon. The decision to move to transfer the case from Oregon was made by defendants, and necessitated the various trips to San Francisco. Preparation for filing of initial complaint (2/19/06-2/28/06): Review factual background of case; research, analysis, consultations with co-counsel for drafting of complaint: 10.6 hours. Litigation in Oregon (2/28/06-12/20/06): DECLARATION OF ZAHA S. HASSAN IN SUPPORT OF PLAINTIFFS' MOTION FOR ATTORNEY FEES MDL DOCKET NO. 06-1791 VRW - 3 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 Research, analysis, and consultations regarding Foreign Intelligence Surveillance Act, privilege and ethical issues, extraterritorial application of state criminal law, handling of the Sealed Document, the government's ability to have ex parte, in camera contact with the court regarding the Document, and preparation and review of discovery requests; review of pro hac vice pleadings (3/17/06 5/25/06): 21.5 hours Research, analysis, consultations and drafting of briefs in opposition to defendants' lodging of material ex parte and in camera, in reply to government's memorandum, regarding filings related to Oregonian newspaper's attempt to have filings unsealed, and preparation for hearings related to these issues; consultations with co-counsel and participation in telephone hearings regarding classification, handling and ex parte contact issues, and the Oregonian newspaper's attempt to have filings unsealed, (3/17/06 5/25/06): 46.1 hours Review and analysis of defendants' motion to prevent plaintiffs' access to Sealed Document; research, analysis, consultations with co-counsel, review and edit opposition memo, (5/28/06 6/7/06): 7.1 hours Research, analysis, consultations regarding transfer of case to Judicial Panel of Multi-District Litigation including drafting memo to co-counsel regarding same; edits to memos opposing transfer (brief and reply brief); calls to MDL clerk; review letter to Oregon court, telephone court hearing regarding transfer (6/22/06 9/18//06): 13.4 hours Research, analysis, consultations regarding government's motion to dismiss and assertion of state secrets privilege; edits to reply brief; consultations regarding preparation for oral argument; telephone court hearing; court hearing on August 29 on government's motion to dismiss, (7/1/06 8/29/06): 21 hours Research, analysis, consultations with co-counsel regarding motion to compel; draft section of motion to compel, (5/26/06 to 6/28/06): 5.4 hours DECLARATION OF ZAHA S. HASSAN IN SUPPORT OF PLAINTIFFS' MOTION FOR ATTORNEY FEES MDL DOCKET NO. 06-1791 VRW - 4 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 Research, analysis, consultations with co-counsel, review and edit of brief for summary judgment motion; response to government's objections to filing of documents; preparation for and attendance at court hearing; research, analysis and consultation with co-counsel regarding court's decision; review, analysis and consultation with co-counsel regarding proposed legislation amending FISA, (9/7/06 11/1/06): 18.6 hours Review defendants' petition for interlocutory appeal; research, analyze and draft plaintiffs' brief opposing stay; court hearing and consultations with co-counsel regarding same, (9/7/06 11/17/06): 12.7 hours Litigation in the Northern District of California (12/20/06 7/9/10): Research, consultations and analysis of various matters including interlocutory appeal, MDL transfer, designation of entities, referencing classified material in filings, government request to scrub attorney computers and drives, and other related issues; review and consultation regarding sovereign immunity issue and review and editing of amended complaint, (11/17/06 3/22/07): 12.3 hours Review, analysis and consultations regarding government motion to stay proceedings in district court; review and comment on drafts of plaintiffs' response brief to 9th Circuit and district court; review and analyze defendants' reply, (3/24/07 -4/12/07); 3.9 hours Review and analysis of government appellate brief before 9th Circuit; research, analysis, consultations with co-counsel, edit plaintiffs' response brief; analysis of additional court decisions in D.C. and 6th circuits and Comey testimony before Congress; review Mueller, Bald and Dam testimonies; review news articles regarding method of interception; assist in preparation for oral argument including consultations with co-counsel; travel to San Francisco for 9th Circuit oral argument; meetings to prepare for argument; argument before 9th Circuit; analysis of further steps after oral argument (5/31/07 8/31/07): 46.8 hours DECLARATION OF ZAHA S. HASSAN IN SUPPORT OF PLAINTIFFS' MOTION FOR ATTORNEY FEES MDL DOCKET NO. 06-1791 VRW - 5 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 Post-9th Circuit decision work including analysis of decision, consultations with cocounsel to discuss strategy, research on methods of interception and legislative history of section 1806, (9/1/07 1/29/08): 26.2 hours Review and consultations regarding motion for summary judgment; review, analysis, consultations with co-counsel, editing sections of brief responding to government's second motion to dismiss; analysis of government's reply brief; research on legislative history of FRE 501 and privilege; review amended FISA and analyze implications; read and analyze Judge Walker opinion on defendants' second motion to dismiss; research regarding blanket surveillance of all incoming calls to US, (1/30/08 7/3/08): 15.8 hours Post-July 2008 Walker decision including consultations with co-counsel, analysis, research regarding court filings on AHIF designation and physical surveillance; meetings with attorneys of Pete Seda; analysis and consultations regarding service on defendant Mueller, amending complaint, burden of proof, and revisions to case management conference statement, (7/2/08 9/15/08): 12.3 hours Analysis and consultations with co-counsel and research on legislative history of 1806(f) and editing sections of plaintiffs' 1806(f) motion and plaintiffs' response to government's third motion to dismiss; review 2nd Circuit decisions; research and analyze material regarding technical aspects of electronic surveillance; consult with co-counsel regarding oral argument; (9/4/08 12/2/08): 16 hours Analysis, consultation with co-counsel regarding January 2009 opinion of Judge Walker and follow-up; prepare interrogatories; (12/3/08 1/22/09): 6.9 hours Review and edit plaintiffs' memo regarding feasibility of motion by plaintiffs for summary judgment; consultations and review of plaintiffs' summary judgment memo, defendants' opposition to same, and plaintiffs' reply; review AC brief and decision in Horn v. Huddle and Judge Walker decision in Jewel, (5/27/09 3/30/10): 10.4 hours DECLARATION OF ZAHA S. HASSAN IN SUPPORT OF PLAINTIFFS' MOTION FOR ATTORNEY FEES MDL DOCKET NO. 06-1791 VRW - 6 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 Analysis, legal research, consultations with co-counsel regarding March 2010 Walker opinion and post-decision strategy, whether to pursue 4th Amendment claim, equitable relief, damages calculation, punitive damages, cy pres issue; review and edit judgment, memo on punitive damages, and letter to court; legal research on voluntary dismissal, 28 USC 1291 and 1292(b), and FRCP 51(b) and online research to support punitive damage award; analysis of government filings on judgment and response to brief on punitive damages (3/31/10 5/21/10): 23 hours Motion for Attorney Fees: Analysis and consultations with co-counsel concerning denial of deferment of judgment on attorney fees and recent Supreme Court cases; review motion for attorney fees, memorandum of law, declarations; review and edit statement of hours; draft personal declaration, (6/4/10 6/29/10): 13.5 hours 8. Based on the foregoing, my total hours in this case are 343.5. Using the Laffey matrix hourly rate of $446, I request an award of reasonable attorney fees in the amount of $153,201.00. 9. I also incurred certain litigation costs in this matter. Those costs include travel costs to San Francisco for court hearings. I believe those costs are properly reimbursable insofar as this case was transferred from the District Court of Oregon, where it was initially filed, to the Northern District as a result of defendants' motion to the Joint Panel on Multidistrict Litigation. Further, on information and belief, the standard practice in the Northern District of California is for attorneys to bill clients for such travel expenses separate from their hourly rates. The expenses I am seeking reimbursement for are as follows: August 2007 9th Circuit Oral Argument: April 2008 Hearing on Motion to Dismiss: $ 220.80 $ 247 Based on the following, I request an award of $ 467.80 as reasonable litigation costs. DECLARATION OF ZAHA S. HASSAN IN SUPPORT OF PLAINTIFFS' MOTION FOR ATTORNEY FEES MDL DOCKET NO. 06-1791 VRW - 7 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, hereby declare that the above statement is true to the best of my knowledge and belief, and that I understand it is made for use as evidence in court and is subject to penalty for perjury. Dated this 30th day of June, 2010 /s/ Zaha S. Hassan, California State Bar No.184696 Of Attorneys for Al Haramain Islamic Foundation, Inc., Wendell Belew, and Asim Ghafoor DECLARATION OF ZAHA S. HASSAN IN SUPPORT OF PLAINTIFFS' MOTION FOR ATTORNEY FEES MDL DOCKET NO. 06-1791 VRW - 8

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