The Authors Guild, Inc. et al v. Hathitrust et al
Filing
165
DECLARATION of Daniel F. Goldstein in Support re: 163 MOTION for Attorney Fees of Defendant Intervenors.. Document filed by Georgina Kleege, Blair Seidlitz, The National Federation of the Blind, Courtney Wheeler. (Attachments: # 1 Exhibit A, # 2 Exhibit B-1, # 3 Exhibit B-2, # 4 Exhibit B-3, # 5 Exhibit B-4, # 6 Exhibit B-5, # 7 Exhibit B-6, # 8 Exhibit B-7, # 9 Exhibit B-8, # 10 Exhibit B-9, # 11 Exhibit B-10, # 12 Exhibit B-11, # 13 Exhibit B-12)(Goldstein, Daniel)
Robert J. Bernstein (RB 4230)
THE LAW OFFICE OF
ROBERT J. BERNSTEIN
380 Lexington Avenue, 17th Floor
New York, NY 10168
Telephone: (212) 551-1068
Facsimile: (212) 551-1001
OF COUNSEL:
Daniel F. Goldstein
Jessica P. Weber
BROWN, GOLDSTEIN & LEVY, LLP
120 E. Baltimore Street
Suite 1700
Baltimore, Maryland 21202
Telephone: 410-962-1030
Facsimile: 410-385-0869
dfg@browngold.com
JWeber@browngold.com
Peter Jaszi
5402 Surrey Street
Chevy Chase, Maryland 20815
Telephone: 301-656-1753
Facsimile: 301-656-7483
pjaszi@wcl.american.edu
Counsel for Defendant Intervenors
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF NEW YORK
THE AUTHORS GUILD, INC., et al.,
Plaintiffs,
v.
HATHITRUST, et al.,
Case No. 11-cv-6351(HB)
DECLARATION OF DANIEL F.
GOLDSTEIN IN SUPPORT OF
DEFENDANT INTERVENORS’ MOTION
FOR ATTORNEYS’ FEES AND COSTS
Defendants.
I, Daniel F. Goldstein, make the following Declaration:
1.
I am a partner at the law firm of Brown Goldstein & Levy, LLP. My firm,
together with the Law Office of Robert J. Bernstein and Professor Peter Jaszi, of the American
University, Washington College of Law, are the attorneys for the Defendant Intervenors in this
matter. I submit this Declaration in support of Defendant Intervenors’ motion for costs and
attorneys’ fees. Unless otherwise noted, I make this declaration based upon my own personal
knowledge.
2.
Throughout this case, counsel for the Defendant Intervenors efficiently
represented their clients and sought to avoid unnecessary discovery costs where possible.
Defendant Intervenors made only one document request, propounded only five interrogatories
and noted only one deposition.
3.
Attached hereto as Exhibit A are true and correct copies of the attorney
biographies for the attorneys who represented the Defendant Intervenors, as printed from the
Brown, Goldstein & Levy, Robert J. Bernstein and American University websites at my direction
on October 28, 2012. (http://www.browngold.com/team/; http://www.robert-bernsteinlaw.com/;
http://www.wcl.american.edu/faculty/jaszi/ ).
4.
The current hourly rates charged for each attorney’s time to the National
Federation of the Blind are as follows:
ATTORNEY
BILLED RATE
Peter Jaszi
$475.00
Robert J. Bernstein
$500.00
Daniel F. Goldstein
$475.00
Laura G. Abelson
$250.00
Jessica P. Weber
$250.00
2
The current rates charged for paralegals and law clerks are as follows:
Denise Altobelli
Paralegal
$155.00
Kevin Docherty
Paralegal
$140.00
Alan Dunklow
Law Clerk
$140.00
Janet Henry
Paralegal
$145.00
Angela Lima
Paralegal
$140.00
Elyse Pillitteri
Law Clerk
$140.00
Anna Reid
Paralegal
$140.00
Barbara Thompkinson
Paralegal
$155.00
As reflected in the attached billing records, each attorney discounted his or her rates and
excluded time. In the case of Brown, Goldstein & Levy, the rate of all timekeepers was
discounted a further 15% monthly.
5.
These rates are well within the rates in the AIPLA survey attached to Mr.
Petersen’s declaration as Exh. B. (Docket 162 – Decl. of Joseph Petersen in Support of
Defendants’ Motion for Costs and Attorneys’ Fees).
6.
Attached hereto as Exhibit B are true and correct copies of invoices that are
derived from contemporaneous time records. The invoices itemize fees and other related charges
from October 3, 2011 through August 31, 2012. All fees and expenses were borne by one of the
Defendant Intervenors, the National Federation of the Blind (“NFB”).
7.
The invoices upon which the Defendant Intervenors’ base their request for
attorneys’ fees do not represent all of the work performed by the Defendant Intervenors’ counsel
in this case, as all of the counsel exercised discretion in several instances not to charge for certain
3
time worked on the case. Indeed, the amount of fees excluded from this fee application totals
$67,761.79.
8.
We have redacted the invoices included in Exhibit B to preserve attorney-client
confidential privileged information and attorney work product confidential privileged
information. At the Court’s request, we would be pleased to submit unredacted copies of our
invoices for the Court’s in camera inspection.
9.
As discussed above, the Defendant Intervenors are only seeking a portion of the
attorneys’ fees incurred in defending against Plaintiffs’ claims. The chart below summarizes the
rates charged and hours billed for each of the attorneys, paralegals and law clerks for which
Defendant Intervenors are seeking fees.
ATTORNEY
Peter Jaszi
Effective
Hourly
Rate
$434.73
Hours
Billed
251.8
TOTAL
$109,443.75
Robert J. Bernstein
$500.00
440.8
$220,400.00
Daniel F. Goldstein
$403.75
211.2
$85,272.00
Laura Abelson
$212.50
221.8
$47,132.50
Jessica P. Weber
$212.50
97.7
$20,761.25
1223.3
$483,009.50
ATTORNEY TOTAL
PARALEGALS/LAW
CLERKS
Denise Altobelli
$131.75
87.5
$11,528.13
Kevin Docherty
$119.00
18.8
$2,237.20
Alan Dunklow
$119.00
3.7
$440.30
Janet Henry
$123.25
6.5
$801.13
Angela Lima
$119.00
11.3
$1,344.70
Elyse Pillitteri
$119.00
113.6
$13,518.40
4
Anna Reid
$119.00
8
$952.00
Barbara Thompkinson
$131.75
1.6
$210.80
Paralegal/Law Clerk
Total
TOTAL FEES
10.
$31,032.65
$514,042.15
The Defendant Intervenors are only seeking costs as shown below and itemized in
the invoices included in Exhibit B.
UPS OVERNIGHT
DELIVERY
PACER
$155.65
WESTLAW
$390.92
$164.10
CONFERENCE CALLS
$1,715.42
TRAVEL
$1,823.97
DISCOVERY
$8,513.03
COURT COSTS
$626.00
COPY/FAX/POSTAGE
$612.26
TOTAL EXPENSES
$14,001.35
5
I declare under penalty of perjury under the laws of the United States and the State of
New York that the foregoing is true and correct.
DATED: October 31, 2012
Respectfully Submitted,
/s/
Daniel F. Goldstein
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