Ceglia v. Zuckerberg et al

Filing 664

DECLARATION signed by Alexander H. Southwell re 663 Memorandum/Brief filed by Facebook, Inc., Mark Elliot Zuckerberg . (Attachments: # 1 Exhibit A)(Snyder, Orin)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
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:
PAUL D. CEGLIA,
:
:
Plaintiff,
:
:
v.
:
:
MARK ELLIOT ZUCKERBERG and
:
FACEBOOK, INC.,
:
:
Defendants.
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Civil Action No. 1:10-cv-00569-RJA
DECLARATION OF
ALEXANDER H. SOUTHWELL

I, ALEXANDER H. SOUTHWELL, hereby declare under penalty of perjury that the
following is true and correct:
1.

I am an attorney licensed to practice law in the State of New York and admitted to

practice before this Court. I am a partner in the New York office of the law firm of Gibson,
Dunn & Crutcher LLP (“Gibson Dunn”), counsel of record for Mark Elliot Zuckerberg and
Facebook, Inc. (“Facebook”) in the above-captioned matter. I make this Declaration in Support
of Defendants’ Supplemental Fee Application (“the Supplemental Fee Application”) for payment
of fees reasonably expended in connection with preparing and defending Defendants’ Fee
Application for attorneys’ fees and costs awarded pursuant to this Court’s Decision and Order
filed November 7, 2012. I have personal knowledge of the information set forth herein based
upon my direct involvement in the matters at issue and upon my review of the documents
referenced below.
2.

The attorneys for whose time fees are requested, and their claimed billing rates

remain the same as in Defendants’ Fee Application. See Doc. No. 600. Accordingly, the fees
Defendants have actually paid or are obligated to pay to Gibson Dunn for its legal services

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related to preparing and defending Defendants’ Fee Application are more than those requested in
this Supplemental Fee Application.
3.

As directed in the Decision and Order filed November 7, 2012 (Doc. No. 584)

granting Defendants’ Eighth Motion to Compel, Defendants filed within ten days an affidavit of
attorneys’ fees incurred in moving to compel the production of the March 30 Capsicum
Communication.
4.

From November 13 to November 19, 2012, Defendants’ counsel drafted,

discussed, revised, finalized, and filed their Fee Application and supporting declaration of
Alexander H. Southwell.
5.

Attached hereto as Exhibit A is a true and correct copy of the narrative

descriptions of legal services rendered by Gibson Dunn attorneys, reflecting time expended by
them in connection with preparing and defending Defendants’ Fee Application. On some days,
attorneys rendered services that were related to both the Fee Application as well as other work
relating to the matter. To the extent that a particular time entry pertained to both the Fee
Application and other work, the attached compilation reflects only time entries pertaining to the
Fee Application. These entries reflect conservative allocations of time, ensuring that the total
time claimed for the Fee Application is less than the actual time incurred on such work. This
allocation is based on the time entries themselves and upon my personal experience with the
case. This approach is the same as the one taken in the Defendants’ Fee Application, which was
subsequently endorsed by this Court in its February 14 Order granting Defendants’ request for
attorneys’ fees. See Doc. No. 292 at 39.
6.

The total amount requested as attorneys’ fees for Gibson Dunn’s legal services

related to preparing and defending Defendants’ Fee Application is $2,966.25, for 6.75 hours of

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