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

Filing 28

AFFIDAVIT re 26 Brief in Support of Plaintiff's Motion for Attorneys' Fees and Non-Taxable Expenses - Michele L. Schmidt 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 MICHELE L. SCHMIDT

Date

Activity

Billable Hours

02/22/2008 02/22/2008 02/25/2008 02/25/2008 02/27/2008 02/27/2008 02/27/2008 02/27/2008 02/27/2008

02/28/2008 02/28/2008 02/28/2008

Researching Southern District of Ohio pro hac vice fees. Email to Timothy Chandler re pro hac vice fees. Email from Timothy Chandler re tentative case name. Updating case file and database. Meeting with Timothy Chandler re initial filing documents. Drafting civil cover sheet and attachment, summons, 0.80 and pro hac vice applications. Email from Timothy Chandler re corporate disclosure statements. Drafting corporate disclosure statements for ADF and 0.40 CCV. Email to Timothy Chandler, requesting review of initial filing documents before I send them to local counsel. Email from Timothy Chandler approving initial filing documents pending one edit. Editing civil cover sheet attachment. 0.10 Emailing initial filing documents to David Langdon (local counsel).

NonBillable Hours 0.10 0.10 0.10 0.20 0.10

0.10

0.10

0.10

0.10

Date

Activity

Billable Hours

03/03/2008 03/03/2008 03/03/2008 03/05/2008

03/05/2008 03/05/2008

03/05/2008 03/05/2008 03/07/2008

03/07/2008

03/07/2008 03/07/2008

03/07/2008 03/07/2008 03/07/2008 03/07/2008

03/07/2008

03/10/2008

Email from Timothy Chandler re change in plaintiffs. Editing initial filing documents to reflect new caption. Emailing revised initial filing documents to local counsel. Meeting with Timothy Chandler re complaint, motion for preliminary injunction, and memorandum in support. Proofreading/reviewing/editing complaint; verifying 1.80 changes with Timothy Chandler; finalizing. Proofreading/reviewing/editing motion for 2.30 preliminary injunction and memo in support; verifying changes with Timothy Chandler; finalizing. Email from Timothy Chandler re complaint and motion for preliminary injunction. Preparing pdf exhibit covers and inserting them before the first page of each pdf exhibit. Email from Timothy Chandler re motion for preliminary injunction and memo in support for efiling. Reviewing/editing motion for preliminary injunction and memo, phv motions/applications ­ updating with new captions. Email to David Langdon re motion for preliminary injunction and memo formatting. Editing motion for preliminary injunction and memo with consistent formatting per David Langdon's preferences. Emails to/from David Langdon, Timothy Chandler, and Kevin Theriot re service. Telephone conference with clerk re e-filing phv motions/applications. Email to David Langdon, passing along clerk's information re e-filing phv motions/applications. Drafting certificates of service for motion for 0.30 preliminary injunction and memo and phv motions/applications. Email to David Langdon updating him on e-filing the motion for preliminary injunction and memo and phv motions/applications. Email from David Langdon re Southern District of Ohio ECF test.

NonBillable Hours 0.10 0.30 0.10 0.10

0.10 0.30 0.10

0.20

0.10 0.40

0.30 0.10 0.10

0.20

0.10

2

Date

Activity

Billable Hours

03/10/2008 03/10/2008 03/10/2008 03/11/2008

03/11/2008

03/11/2008

03/11/2008 03/11/2008 03/11/2008 03/11/2008

03/11/2008 03/12/2008

03/14/2008 03/14/2008

03/14/2008

03/17/2008

Email from David Langdon containing file-stamped copies of initial filings and filing fee receipt. Handling accounting procedures related to the filing fee. Email from David Langdon re ECF copies of initial filings. Email from David Langdon re court approval for efiling motion for preliminary injunction and memo and phv motions/applications. Editing certificates of service for motion for preliminary injunction and memo and pro hac vice motions/applications with today's date. Doublechecking all documents before e-filing. E-filing motion for preliminary injunction and memo and pro hac vice motions/applications; paying pro hac vice fees. Drafting waiver of service of summons. Email to Kevin Theriot requesting review of waiver. Drafting cover letter to library director re waiver of service of summons. Preparing cover letter, waiver of service of summons (2 copies), complaint, corporate disclosure statement, motion or preliminary injunction and memo, and pro hac vice motions/applications for certified mail service. Preparing certified mail and return receipt. Drive to post office and complete certified mail/return receipt mailing. Email to David Langdon with copy copy of cover letter, waiver of service of summons, and certified mail/return receipts from post office. Checking USPS website for certified mail delivery confirmation re waiver of service of summons, etc. Calculating and calendaring answer/motion to dismiss under Rule 12 due date and response/opposition to motion for preliminary injunction due date. Email to David Langdon, Kevin Theriot, and Timothy Chandler re certified mail delivery confirmation and calculated due dates. Email to Kevin Theriot, Timothy Chandler, and Heather Gebelin Hacker with cc to David Langdon re order conditionally granting pro hac vice motions/applications. 3

NonBillable Hours 0.10 0.40 0.10 0.10

0.20

0.40

0.10

0.10 0.10 0.20 0.80

0.50 0.10

0.10 0.20

0.10

0.10

Date

Activity

Billable Hours

04/03/2008 04/03/2008

04/03/2008 04/03/2008 04/04/2008 04/04/2008

04/07/2008 04/08/2008 04/08/2008 04/08/2008 04/08/2008

04/08/2008 04/08/2008 04/08/2008 04/08/2008 04/09/2008 04/09/2008

04/09/2008 04/09/2008

Email from Timothy Chandler re preliminary telephone conference. Calendaring preliminary telephone conference and reserving conference call line through calendaring system. Email from Timothy Chandler re preliminary telephone conference. Re-calendaring preliminary telephone conference, per Timothy Chandler's request. Meeting with Timothy Chandler re waiver of service. Preparing Timothy Chandler's letter to library director (notice of preliminary telephone conference and inquiry re waiver) for UPS Next Day Air delivery; drvie to UPS for mailing. Email to Timothy Chandler re letter to library director. Telephone conference with service of process clerk at the Franklin County Sheriffs Department. Email to Timothy Chandler re service of process. Meeting with Timothy Chandler re service of process. Reviewing documents needed for service and checking PACER for date-stamped copies (not available). Drafting cover letter to process server. Printing copies of service documents (ten in total), for mailing to process server. Writing check for service of process; scanning and emailing same to ADF accounting. Preparing UPS pak for service documents and prepaid UPS letter envelope for return of service. Email from Timothy Chandler re telephonic status conference. Updating database with information on telephonic status conference and cancelling conference call line reservation. Telephone call from Susan (Sue) Porter re acceptance of service. Email to Timothy Chandler, Kevin Theriot, David Langdon, and Heather Gebelin Hacker re contact from opposing counsel.

NonBillable Hours 0.10 0.30

0.10 0.20 0.30 0.20

0.10 0.10 0.10 0.30 0.30

0.40 0.20 0.10 0.20 0.10 0.10

0.10 0.10

4

04/ 09/ 2008 04/09/2008

04/11/2008

04/14/2008

05/09/2008

5/13/2008 05/23/2008 05/23/2008 05/23/2008 05/23/2008 05/23/2008

05/23/2008 05/23/2008

06/26/2008 07/16/2008

08/19/2008 08/19/2008 08/19/2008

Email from Timothy Chandler re telephonic status conference. Updating database with information on telephonic status conference and re-scheduling conference call line reservation. Calendaring dates determined by telephonic scheduling conference: discovery responses, defendants' answer or motion under Rule 12, defendants' motion for preliminary injunction response, and our reply. Scanning in original, signed Wavier of Service of Summons; e-filing same; saving filed copy to network/litigation drive. Calendaring preliminary pretrial conference, accessing general order on pretrial and scheduling associated tasks deadlines, accessing rule 26(f) report form and saving to litigation drive, and updating database. Email exchange with Timothy Chandler re. local rules and reply brief. Proofread and edit motion for preliminary injunction 3.10 reply. Meeting with Timothy Chandler to review motion for preliminary injunction reply edits. Cite-checking motion for preliminary injunction reply. Meeting with Timothy Chandler to review citechecking edits. Meeting with Timothy Chandler to cross-check motion for preliminary injunction reply table of authorities. Drafting certificate of service for motion for preliminary injunction reply. Preparing motion for preliminary injunction reply and exhibit for e-filing (scanning and converting to pdf); e-filing same. Calendaring tasks due dates pursuant to preliminary pretrial order. Email to Timothy Chandler, Heather Gebelin Hacker, David Langdon, and Kevin Theriot re phone call from judge's law clerk. Researching rules re attorneys fees and costs. Drafting motion/request for attorneys fees. 0.60 Email to Timothy Chandler re attorneys fees due date.

0.10 0.20

0.30

0.20

0.80

0.10

0.60 2.30 0.40 0.40

0.10 0.10

0.30 0.10

0.80 0.10

5

08/ 19/ 2008 08/19/2008 08/19/2008 08/19/2008 08/19/2008 08/19/2008 08/19/2008 08/19/2008 08/19/2008 08/19/2008

08/19/2008 08/19/2008 08/20/2008 08/20/2008

08/20/2008 08/21/2008 08/21/2008 08/21/2008 08/22/2008 08/22/2008

Drafting my declaration in support of motion for attorneys fees. Drafting Timothy Chandler's declaration in support of motion for attorneys fees. Email from Timothy Chandler re attorneys fees due date. Telephone conference with judge's law clerk re motion for attorneys fees. Email to Timothy Chandler re clerk's answer re attorneys fees deadline. Email update to David Langdon and Kevin Theriot re attorneys fees due date and what I need from them. Email to David Langdon draft of Timothy Chandler's attorneys fees declaration for his use as template. Drafting Kevin Theriot's declaration in support of motion for attorneys fees. Email to Kevin Theriot for review: draft of his declaration in support of motion for attorneys fees. Email from Kevin Theriot approving draft of his declaration in support of motion for attorneys fees, minus amounts to be filled in later. Westlaw research re motions for attorneys fees (prevailing party and permanent injunction). More Westlaw research re attorneys fees (change in legal relationship between plaintiff and defendant). Drafting proposed final judgment and permanent injunction. Drafting memo in support of motion for attorneys fees and non-taxable expenses, including Westlaw research (fees and special circumstances, matter of course, s 1988, useful and a type ordinarily necessary . . . SCt, 6th Cir., SD Ohio). Continued drafting of memo in support of motion for attorneys fees, including Westlaw research. Continued drafting of memo in support of motion for attorneys fees. Westlaw research re attorneys fees. Westlaw research re attorneys fees memo (public interest law firms, non-profits, etc.). Continued drafting of memo in support of motion for attorneys fees, including Westlaw research. Westlaw research re attorney fees memo (billing judgment).

0.30 0.40 0.10 0.10 0.10 0.10 0.10 0.50 0.10 0.10

0.60 0.40 0.70 2.30 0.40

1.30 1.00 1.40 0.20 0.10 1.50 0.20 1.80

6

Continued drafting of memo in support of motion for attorneys fees. 08/25/2008 Emails to ADF accounting requesting spreadsheet of expenses in this case. Also, Westlaw fees. 08/25/2008 Reviewing expense spreadsheet received from ADF accounting. Researching unidentified expenses and updating them. 08/25/2008 Westlaw research re attorneys fees memo, costs including issue on recovery for computerized research. 08/25/2008 Complete drafting memo in support of attorneys fees and non-taxable expenses. 08/25/2008 Final review and edit of memo in support of motion for attorneys fees draft. 08/25/2008 Email from David Langdon re hours and rate. 08/25/2008 Email and meeting with Tim Chandler re bill of costs. 08/27/2008 Drafting my itemized statement of fees. 08/27/2008 Drafting Tim Chandler's itemized statement of fees. 08/27/2008 Drafting Kevin Theriot's itemized statement of fees. 08/28/2008 Preparing our proposed judgment and preliminary injunction for e-filing; e-filing same. 08/28/2008 Preparing our motion for attorneys fees and nontaxable expenses for e-filing; e-filing same. 09/03/2008 Calendaring defendants' opposition to our proposed judgment. 09/10/2008 Research local rules and ECF filing policies and procedures regarding stipulations to extend time to file a brief. 09/10/2008 Emails to/from TDC re stipulation for extension of time to file attorneys fees briefing. 09/10/2008 Telephone conference with Judge Smith's clerk re stipulation for extension of time to file attorneys fees briefing. 09/10/2008 Preparing stipulation for extension of time to file attorneys fees briefing for e-filing; e-filing same. 09/16/2008 Voice mail to Judge Smith's clerk (Chelsea) re stipulation to extend time to file our memo in support of motion for attorneys fees. 09/24/2008 Meeting with Tim Chandler re documentation in support of our motion for attorneys fees and costs. 09/24/2008 Updating my itemized statement of fees with time incurred since 08/25/2008. 09/24/2008 Drafting schedule of non-taxable costs. District Court, Total Hours

08/ 22/ 2008

1.40 0.10 0.40

0.50

1.20 0.80 0.10 0.10 1.20 1.40 0.30 0.10 0.10 0.10 0.20

0.20 0.10

0.20 0.10

0.10 0.20 0.30 25.30

24.70

7