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

Filing 40

AFFIDAVIT in Support re 21 MOTION for Attorney Fees and Non-Taxable Expenses Supplemental Declaration of Timothy D. Chandler filed by Plaintiff Citizens For Community Values, Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E) (Chandler, Timothy)

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Citizens For Community Values, Inc v. Upper Arlington Public Library Board of Trustees Doc. 40 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 SUPPLEMENTAL DECLARATION OF TIMOTHY D. CHANDLER IN SUPPORT OF PLAINTIFF'S MOTION FOR ATTORNEYS FEES AND NON-TAXABLE COSTS Pursuant to 28 U.S.C. 1746, I, Timothy D. Chandler, state as follows: 1. 2. The matters declared herein are based upon my own personal knowledge. This Supplemental Declaration is filed to show the reasonableness of the number of hours I have incurred on behalf of Plaintiff in this matter since September 26, 2008, when the Memorandum of Points and Authorities in Support of Plaintiff's Motion for Attorneys' Fees was filed. 3. As reflected on the attached timesheet, since filing my first declaration I have personally spent an additional 17.1 hours on behalf of my client in this matter. My timesheet is based on contemporaneous time records that I kept as I worked on each task. However, after reviewing my timesheet and coordinating with my co-counsel as part of my firm's regular practice of exercising billing discretion (to attempt to ensure that we eliminate administrative tasks, excessive research or drafting, or duplicative work from our fee requests), I have reduced the number of my hours for which my firm seeks compensation to 14.0 hours. These omissions Dockets.Justia.com are reflected in the "Adjusted Hours" column and corresponding notes included in my supplemental itemized time statement, attached hereto as Exhibit A. 4. When multiplied by my hourly rate of $200.00, the additional amount of attorney fees for which I personally seek recovery is $2,800.00. This brings my total amount of fees for which my firm seeks recovery to $28,020.00. 5. Attached hereto as Exhibits B through E are a true and correct copy of the Verified Class Action Complaint and Plaintiff's Motion for Temporary Restraining Order and Preliminary Injunction filed in Lambert v. Hartmann, No. 1:04-CV-837, and the Class Action Complaint and Plaintiff's Motion for Temporary Restraining Order and Preliminary Injunction filed in Estep v. Blackwell, No. 1:06-CV-106. I declare under the penalty of perjury that the foregoing is true and correct. Executed this 12th day of November, 2008. /s/ Timothy D. Chandler____ Timothy D. Chandler CA Bar No. 234325 ALLIANCE DEFENSE FUND 101 Parkshore Drive, Suite 100 Folsom, California 95630 Telephone: (916) 932-2850 Email: tchandler@telladf.org 2 CERTIFICATE OF SERVICE I hereby certify that on November 12, 2008, I electronically submitted the foregoing document with the Clerk of Court using the CM/ECF system for filing and transmittal of a Notice of Electronic Filing to the following CM/ECF registrants: Kevin H. Theriot ktheriot@telladf.org, jrennels@telladf.org David R. Langdon dlangdon@langdonlaw.com Timothy D. Chandler tchandler@telladf.org, mschmidt@telladf.org Heather Gebelin Hacker hghacker@telladf.org Counsel for Plaintiff Angelique Paul Newcomb ANewcomb@szd.com Susan Porter sporter@szd.com Counsel for Defendant /s/ Timothy D. Chandler Timothy D. Chandler CA Bar No. 234325 ALLIANCE DEFENSE FUND 101 Parkshore Drive, Suite 100 Folsom, California 95630 Telephone: (916) 932-2850 Email: tchandler@telladf.org 3

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