Citizens For Community Values, Inc v. Upper Arlington Public Library Board of Trustees

Filing 27

AFFIDAVIT re 26 Brief in Support of Plaintiff's Motion for Attorneys' Fees and Non-Taxable Expenses - Timothy D. Chandler by Plaintiff Citizens For Community Values, Inc. (Attachments: # 1 Exhibit A) (Chandler, Timothy)

EXHIBIT A

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO EASTERN DIVISION CITIZENS FOR COMMUNITY VALUES, INC., : : Plaintiff, : : vs. : : UPPER ARLINGTON PUBLIC LIBRARY : BOARD OF TRUSTEES, : : Defendant. :

Case No. 2:08-cv-00223-GCS-NMK Judge George C. Smith Magistrate Judge Norah McCann King

ITEMIZED TIME STATEMENT OF TIMOTHY D. CHANDLER

Date 2/20/2008 2/20/2008

Task Telephone call from client explaining rejection from library re use of its meeting room. Email exchange with Kevin Theriot about client being denied permission to use library meeting room. Begin drafting complaint, including: jurisdictional statement; research on proper defendants; factual allegations; federal constitutional claims; prayer for relief. Reading Library Board of Trustees meeting minutes online in preparation for filing new lawsuit. Researching relevant Ohio state constitutional and statutory provisions to evaluate other potential causes of action. Updating complaint based on my review of the Board of Trustees meeting minutes; research into state constitution. Researching Sixth Circuit cases dealing with religious speech and viewpoint discrimination. Email (0.1) and telephone conference (0.6) with David Langdon re preparation and filing of lawsuit

Hours 0.3 0.1

Adjusted Hours 0.3 0.1

Notes

2/20/2008

4.7

4.7

2/21/2008

5.6

5.6

2/21/2008

1.3

1.3

2/21/2008

0.9

0.9

2/22/2008 2/22/2008

1.6 0.7

1.6 0.7

2/ 22/ 2008 2/22/2008

2/23/2008

2/24/2008 2/25/2008 2/25/2008 2/25/2008

Email to Michele Schmidt re preparation of pro hac vice motions. Outlining memorandum in support of motion for preliminary injunction (0.8); researching and drafting sections on irreparable harm, balancing of harm, and public interest (2.1); researching and drafting sections on viewpoint discrimination and strict scrutiny (2.8). Researching Sixth Circuit cases on public forum doctrine (1.9); drafting sections of preliminary injunction memorandum on nature of the forum, content-based discrimination, free exercise, and equal protection, and Establishment Clause (3.9). Drafting preliminary injunction memorandum, due process, introduction, and conclusion. Email from David Miller with copy of library's rejection letter. Drafting motion for preliminary injunction. Reviewing library's rejection letter (0.2); updating complaint, motion for preliminary injunction, and supporting memorandum to reflect the letter's content (3.3). Reviewing Faith Center decision from Ninth Circuit (0.4) and drafting section in memorandum distinguishing that case (2.3). Email from David Langdon with factual materials related to the complaint. Email to Theriot, Langdon, and Hacker with draft of complaint and motion for preliminary injunction, and supporting memorandum for them to review. Email exchange with co-counsel re review of the complaint.

0.1 5.7

0.1 5.7

5.8

5.3

1

1.2 0.1 2.3 3.5

1.2 0.1 2.3 3.5

2/25/2008

2.7

2.7

2/25/2008 2/26/2008

0.1 0.1

0.1 0.1

2/26/2008

0.2

0.2

2/26/2008

2/27/2008

2/27/2008

General editing of motion for preliminary 5.1 injunction and supporting memorandum; emphasis on making documents clearer and more concise. Email exchange with David Langdon re edits to 0.2 complaint, preliminary injunction motion, timing of filing. Email exchange with David Langdon and 0.1 Michele Schmidt about preparing corporate disclosure statement.

2.5

1

0.2

0.1

2

2/ 27/ 2008 2/27/2008 2/27/2008 2/27/2008 2/27/2008

Email exchange with Kevin Theriot about requesting a jury and prayer for relief. Email exchange with Kevin Theriot re verification of complaint.

0.1 0.1

0.1 0.1 0.1 0.3 0.0 3

Email from Kevin Theriot re his edits and 0.1 suggestions for the preliminary injunction memo. Reviewing and incorporating Kevin Theriot's edits to the preliminary injunction memo. In person meeting with Michele Schmidt re preparation for initial filing; email from Michele Schmidt re same. Email from David Langdon with suggestions for the complaint (0.1); telephone conference re the same, discuss causes of action, damages (0.6). Reviewing and incorporating proposed changes to complaint from David Langdon. Email exchange with David Langdon discussing strategic issue with our causes of action. Reviewing civil cover sheet; email with Michele Schmidt re necessary change. Email exchange with Kevin Theriot re requested relief in complaint. Research on issue related to verifying the complaint; email with co-counsel re the same. Email exchange with David Langdon re filing the complaint. Reviewing press release; email exchange with media department re press release. Multiple emails with co-counsel and media department re media release in this case. Email exchange with David Langdon re client representation agreement. Email exchange with David Langdon re identification of plaintiff and causes of action; edits to preliminary injunction memo. Email exchange with David Langdon re his review of the complaint and motion for preliminary injunction documents. 0.3 0.2

2/28/2008

0.7

0.3

1

2/28/2008 2/28/2008 2/28/2008 2/28/2008 2/28/2008 2/29/2008 2/29/2008 3/3/2008 3/3/2008 3/3/2008

0.3 0.2 0.2 0.1 0.7 0.1 0.5 0.3 0.2 0.2

0.3 0.0 0.2 0.1 0.0 0.1 0.0 0.0 0.0 0.2 2 2 3 1 1

3/4/2008

0.2

0.2

3

3/ 4/ 2008

3/5/2008

3/5/2008

3/5/2008 3/5/2008

3/6/2008 3/6/2008

Reviewing and incorporating David Langdon's proposed changes to the preliminary injunction documents. Email from David Langdon with additional suggestions for the complaint and preliminary injunction memo. Editing complaint and preliminary injunction memo, including incorporation of second set of comments and suggested changes from David Langdon. Email exchange with Michele Schmidt re her questions while proofreading documents. Discuss Michele Schmidt's changes to complaint and preliminary injunction materials while proofreading. Email exchange with media department notifying them of filing. Email exchange with David Langdon discussing final edits to complaint and motion for preliminary injunction documents (0.3) telephone conference with David Langdon re same (1.1) Editing complaint and preliminary injunction memo per discussion with co-counsel. Email exchange with Greg Scott re media interview for this case. Email exchange with co-counsel re serving complaint on defendant. Email to Michele Schmidt re filing of preliminary injunction motion. Email from David Langdon re filing motion for preliminary injunction and pro hac vice applications. Email from David Langdon confirming filing of complaint and assigned judge. Email from Michele Schmidt confirming delivery of the complaint and motion for preliminary injunction to Ann Moore Email exchange with media department re availability for interview. Email from Michele Schmidt re grant of PHVs, registering for ECF in this court.

0.5

0.5

0.1

0.1

2.4

0.3

1

0.1 0.2

0.1 0.2

0.1 1.1

0.0 0.0

2 1

3/6/2008 3/7/2008 3/7/2008 3/7/2008 3/7/2008

0.6 0.2 0.1 0.1 0.1

0.0 0.0 0.0 0.0 0.1

1 2 1 3

3/7/2008 3/14/2008

0.1 0.1

0.0 0.0

1 3

3/17/2008 3/17/2008

0.2 0.1

0.0 0.0

2 3

4

3/ 19/ 2008 3/25/2008 3/25/2008

Email from David Langdon re library board member contacting client. Email exchange with co-counsel and client re media inquiry. Email from David Langdon re his conversation with judge's clerk and scheduling a preliminary telephone conference. Email exchange with Kevin Theriot re pending deadline for any opposition to our motion for preliminary injunction and serving defendant. Researching issue related to waiver of service and governmental entities. Email exchange with co-counsel and Michele Schmidt re attendance and pretrial conference and notifying defendant's counsel (yet unknown). In person meeting with Michele Schmidt re waiver of service. Email exchange with David Langdon re waiver of service issue. Drafting letter to library director notifying her of the telephonic conference set for April 10, and asking her to have her attorney contact me as soon as possible. Email from Michele Schmidt re letter to A. Moore Telephone call with David Langdon to discuss service of complaint and preliminary injunction motion on defendant. Looking for a process server online. Called process server to set up service for tomorrow. Email to process server with instructions for service tomorrow. Email from Michele Schmidt re process server (0.1); in person discussion re same (0.3). Email exchange with co-counsel re serving defendant prior to the telephonic conference scheduled for April 10th. Email from process server confirming service.

0.1 0.2 0.1

0.1 0.0 0.1 2

4/2/2008

0.2

0.2

4/2/2008 4/3/2008

1.2 0.1

0.0 0.1

1

4/4/2008 4/4/2008 4/4/2008

0.3 0.2 0.2

0.0 0.0 0.2

1 1

4/7/2008 4/7/2008

0.1 0.1

0.0 0.0

3 1

4/8/2008 4/8/2008 4/8/2008 4/8/2008 4/8/2008

0.5 0.2 0.1 0.4 0.2

0.0 0.0 0.0 0.0 0.2

3 3 3 3

4/9/2008

0.1

0.0

3

5

4/ 9/ 2008

4/9/2008

4/9/2008

4/9/2008

4/10/2008

4/10/2008 4/10/2008 4/11/2008

Telephone call to Judge Smith's clerk and informed her that we have not yet heard from defendant's counsel; rescheduling the preliminary telephone conference. Telephone message from opposing counsel; returned her call and discussed tomorrow's preliminary telephone conference. Telephone call to Judge Smith's clerk re resetting the preliminary telephone conference for tomorrow. Email exchange with Michele Schmidt re status conference with judge, contact from opposing counsel. Telephone conference with David Langdon to discuss issues that may arise during telephonic conference today with Judge Smith's clerk. Email to Kevin Theriot, staff dates we agreed on in preliminary telephone conference. Participated in preliminary telephone conference with Judge Smith's clerk. Email exchange with David Langdon re preparing responses to defendant's discovery requests. Email from opposing counsel's office (Sue Porter) with discovery requests attached; reviewing attachment. Telephone conference with David Langdon re discovery responses and preliminary injunction strategy. Telephone call with client to prepare discovery responses. Drafting discovery responses. Email exchange with David Langdon and client re information to be included in discovery responses. Email exchange with client re documents to be included in the discovery responses. Email to David Langdon re client's final review of discovery responses, and service. Email to Kevin Theriot re draft of discovery responses for his review.

0.1

0.1

0.1

0.1

0.1

0.1

0.1

0.0

3

0.2

0.2

0.1 0.3 0.1

0.0 0.3 0.1

3

4/11/2008

0.3

0.3

4/16/2008

0.3

0.3

4/21/2008 4/21/2008 4/21/2008

0.6 1.9 0.1

0.6 1.9 0.1

4/22/2008 4/22/2008 4/22/2008

0.1 0.1 0.1

0.1 0.1 0.1

6

4/ 23/ 2008 4/23/2008

Email from Kevin Theriot with his comments on the discovery responses. Reviewing and incorporating Kevin Theriot's comments/edits to the discovery responses. Email to David Langdon re draft of discovery responses for his review. Email exchange with Michele Schmidt re finalizing the discovery responses (Bates stamping, formatting, etc.) Email exchange with Kevin Theriot re DOJ interest in the case. Reviewing defendant's answer to the complaint. Email exchange with Michele Schmidt re local rules related to reply briefs. Reviewing MPI opposition brief and supporting documents (2.1); drafting outline of reply brief (1.3); reviewing Good News Club and Widmar decisions (particularly the dissents), and drafting reply brief section on viewpoint discrimination (7.1); drafting section on Lamb's Chapel and Faith Center (1.4). Drafting section on irreparable harm for the reply brief. Researching cases related to the Library's Establishment Clause arguments, including cases involving religious meetings during operating hours and free use of forum, and cases Library cites dealing with unattended religious displays. Drafting and editing reply brief section on Establishment Clause defense raised by Library, including section on excessive entanglement. Research for reply brief section on free exercise clause, primarily cases addressing whether the clause only protects conduct that is mandated by religious beliefs. Drafting reply brief section on free exercise clause. Researching and drafting reply brief section on vagueness.

0.1 0.1

0.1 0.1

4/23/2008 4/23/2008

0.1 0.1

0.1 0.1

5/5/2008 5/8/2008 5/13/2008 5/18/2008

0.1 0.4 0.1 11.9

0.0 0.4 0.0 11.9

3

3

5/18/2008 5/19/2008

1.2 2.1

1.2 2.1

5/19/2008

9.3

9.3

5/20/2008

1.3

1.3

5/20/2008

4.4

4.4

5/20/2008

4.9

4.9

7

5/ 20/ 2008 5/21/2008

Researching and drafting reply brief section on Equal Protection Clause. Drafting reply brief section on nature of the forum; research into cases addressing nature of the forum (2.4). Extensive editing of reply brief, focus on improving clarity and structure Drafting and editing introduction, summary of argument, and conclusion for reply brief. Email to co-counsel with draft of the reply brief for review. Drafting headings and further stylistic editing to reply brief. Email from Heather G. Hacker with her comments on the reply brief (.1); reviewing and incorporating her comments (.6). Email from Kevin Theriot re his comments on the reply brief. Reviewing Second Circuit decisions in Bronx Household of Faith case and drafting section explaining their support for our position. Email exchange with Kevin Theriot re an administrative matter that arose with the reply brief. Editing, proof-reading, and cite-checking reply brief. Review edits of reply brief from Michele Schmidt. Preparing table of authorities for reply brief.

1.8 8.9

1.8 8.9

5/21/2008 5/22/2008 5/22/2008 5/22/2008 5/22/2003

3.7 5.3 0.1 2.3 0.7

1.9 5.3 0.1 1.0 0.7

1

1

5/23/2008 5/23/2008

0.1 2.9

0.1 2.9

5/23/2008

0.2

0.0

3

5/23/2008

1.9

0.5

3

5/23/2008 5/23/2008

0.6 0.4

0.0 0.0

3 3

5/27/2008 6/2/2008 6/2/2008 6/3/2008

Email exchange with David Langdon re administrative matter related to the reply brief. Email exchange with David Langdon re Rule 26(f) meet and confer. Email to opposing counsel (Angel Newcomb) to schedule meet and confer pursuant to Rule 26(f). Multiple emails with opposing counsel setting time for meet and confer.

0.1 0.1 0.1 0.1

0.0 0.1 0.1 0.1

3

8

6/ 3/ 2008

Email exchange with David Langdon confirming time for meet and confer with opposing counsel.

0.1

0.1

6/4/2008

6/4/2008 6/4/2008

Telephone calls (0.4 and 0.1) with David Langdon in preparation for meet and confer with opposing counsel. Email to David Langdon re delaying discovery.

0.5

0.5

0.1

0.1 0.2

6/4/2008 6/4/2008 6/10/2008 6/10/2008 6/10/2008 6/10/2008 6/10/2008 6/12/2008 6/12/2008 6/12/2008 6/12/2008

Telephone call from Kevin Theriot to discuss 0.2 meet and confer with opposing counsel; delaying discovery. Email to opposing counsel re delaying discovery. 0.1 Voice mail to opposing counsel re discovery. Telephone call with David Langdon re discovery schedule. Telephone call from opposing counsel re dates for Rule 26(f) report. Email from opposing counsel re draft of Rule 26(f) report. Reviewing draft of Rule 26(f) report prepared by opposing counsel. Email to opposing counsel with comments about her draft of the Rule 26(f) report. Email from opposing counsel responding to my comments re the Rule 26(f) report. Email to David Langdon re draft of Rule 26(f) report for review. Emails from David Langdon approving Rule 26(f) report; email to opposing counsel re same. Email from opposing counsel with revised Rule 26(f) report; responded with email giving her permission to file. Email exchange with opposing counsel re conducting the pre-trial conference telephonically. 0.1 0.1 0.2 0.1 0.3 0.1 0.1 0.1 0.1 0.1

0.0 0.0 0.1 0.0 0.1 0.3 0.1 0.1 0.1 0.1 0.1

1 1

1

6/20/2008

0.1

0.0

3

9

6/ 20/ 2008

6/24/2008 6/25/2008 6/25/2008 7/17/2008

Telephone call to Judge King's courtroom deputy to discuss holding pre-trial conference telephonically. Email exchange with David Langdon about participating in tomorrow's pretrial conference. Participated in pretrial conference with Judge King. Email to David Langdon re pre-trial conference. Email exchange with David Langdon re Judge Smith's request to consolidate our motion for preliminary injunction with a trial on the merits. Email from David Langdon re consolidation of preliminary injunction motion with trial on the merits. Telephone conference with David Langdon re initial disclosures. Email exchange with opposing counsel re initial disclosures. Telephone call to Judge Smith's clerk re initial disclosures, timing of ruling on preliminary injunction. Email exchange with media department notifying them of a pending decision. Email to opposing counsel notifying them that the court will be issuing a decision shortly and that we do not need to exchange initial disclosures. Email to David Langdon and Kevin Theriot notifying them about the court's pending ruling and that we do not need to exchange initial disclosures. Email exchange with co-counsel re implications of the ruling. Reviewing press release; email exchange with media department re same. Email to co-counsel and others at ADF notifying them about the ruling being issue. Emails from Michele Schmidt re due dates for proposed form of judgment and request for fees/costs.

0.1

0.0

3

0.1 0.3 0.1 0.1

0.1 0.3 0.1 0.1

7/22/2008

0.1

0.1

8/12/2008 8/12/2008 8/13/2008

0.2 0.1 0.1

0.2 0.1 0.1

8/13/2008 8/13/2008

0.1 0.1

0.0 0.1

2

8/13/2008

0.1

0.0

1

8/14/2008 8/14/2008 8/14/2008 8/14/2008

0.3 0.4 0.1 0.1

0.0 0.0 0.0 0.0

1 2 3 3

10

8/ 14/ 2008 8/19/2008 8/19/2008 8/20/2008 8/25/2008 8/25/2008 8/25/2008

Reviewing court's decision on motion for preliminary injunction. Email from Michele Schmidt re status of memorandum in support of our fees memo. Email exchange with Michele Schmidt re due dates related to our motion for fees. Email exchange with co-counsel re timing of motion for fees. Email exchange with David Langdon re fees and costs incurred in case to date. Reviewing and revising initial draft of proposed judgment prepared by Michele Schmidt. Email exchange with co-counsel re establishing hourly rates for motion for attorneys' fees. Copied on email from David Langdon to opposing counsel re appeal, scheduling future Politics and the Pulpit event. Email from opposing counsel notifying us that they are not going to appeal; scheduling Politics and the Pulpit event. Email exchange with Michele Schmidt re preparation of bill of costs (0.1); in person meeting re same (0.1) Reviewing and revising initial draft of motion for fees and costs prepared by Michele Schmidt. Email exchange with Kevin Theriot and David Langdon re their review of the proposed final judgment and motion for attorneys fees. Reviewing time records in preparation for filing motion for fees and costs. Telephone conference with David Langdon re fee motion and proposed final judgment. Email exchange with David Langdon re settlement of fees and costs. Email exchange with David Langdon re preparation of our memorandum in support of fees and costs.

0.3 0.1 0.1 0.1 0.1 0.2 0.3

0.3 0.1 0.0 0.1 0.1 0.2 0.3 3

8/25/2008

0.1

0.0

1

8/25/2008

0.1

0.1

8/25/2008

0.2

0.0

3

8/26/2008 8/26/2008

0.3 0.1

0.3 0.1

8/27/2008 8/28/2008 9/2/2008 9/4/2008

2.2 0.1 0.1 0.1

2.2 0.1 0.1 0.1

11

9/ 5/ 2008

9/9/2008 9/10/2008 9/10/2008 9/10/2008 9/11/2008 9/11/2008 9/12/2008 9/16/2008 9/17/2008 9/17/2008 9/18/2008 9/19/2008 9/23/2008 9/23/2008 9/24/2008 9/24/2008

Email exchange with co-counsel and opposing counsel re extension of time for filing fees motion. Email exchange with David Langdon about drafting stipulation for extension of time. Drafting stipulation, sent to David Langdon. Email exchange with opposing counsel re stipulated extension of time to file fees memo. Email exchange with Michele Schmidt re filing stipulation. Telephone call from opposing counsel with settlement offer. Email exchange with client and co-counsel re settlement offer. Email from David Langdon re settlement offer. Email from opposing counsel re settlement offer. Reviewing defendant's objections to proposed final judgment. Drafting declaration re hourly attorney fee rate. Email exchange with David Langdon re itemized time statement, settlement offer. Email to opposing counsel re stipulating to reasonable hourly rates. Email exchange with opposing counsel agreeing to stipulate to reasonable hourly rates. Reviewing and editing draft of memorandum in support of our motion for fees and costs. Preparing itemized time statement. Email exchange with co-counsel with suggested edits to the memorandum in support of our motion for fees and costs and stipulation. Drafting stipulation re hourly rates. In person discussion with Michele Schmidt re finalizing itemized statement of non-taxable costs. Email exchange with opposing counsel re stipulation as to reasonable hourly rates.

0.1

0.1

0.1 0.2 0.1 0.1 0.1 0.1 0.1 0.1 0.1 1.2 0.1 0.1 0.1 2.7 2.1 0.2

0.1 0.2 0.1 0.1 0.1 0.1 0.1 0.1 0.1 1.2 0.1 0.1 0.1 2.7 2.1 0.2

9/24/2008 9/24/2008

0.1 0.1

0.1 0.1

9/25/2008

0.1

0.1

12

9/25/2008

9/25/2008 9/25/2008

Researching and drafting fee memorandum; introduction and section on experience in similar cases, per comments from co-counsel. Finalizing my itemized timesheet (0.6) and declaration (0.1). Email exchange with David Langdon re finalizing fee motion documents for filing. TOTAL HOURS:

2.9

2.9

0.7 0.1 148.2

0.7 0.1 126.1

TOTAL HOURS (adjusted): 126.1 hours Notes re billing judgment: 1) Reduced as duplicative or non-essential; billable time was sufficient to accomplish task. 2) Non-billable work; not directly related to the litigation. 3) Non-billable work; performing administrative tasks.

13