Sister Wives attorneys fees request

8/11/2019 Sister Wives attorneys fees request

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Jonathan Turley ( Pro Hac )2000 H St., N.W.Washington, D.C. 20052(202) 994-7001

[email protected]

Adam Alba, 13128610 Crestwood Cir.Bountiful, UT 84010(801) [email protected]

Attorneys for Plaintiffs

UNITED STATES DISTRICT COURT

DISTRICT OF UTAH, CENTRAL DIVISION

KODY BROWN, MERI BROWN, JANELLEBROWN, CHRISTINE BROWN, ROBYN

SULLIVAN,

Plaintiffs,v.

GARY R. HERBERT, in his official capacityas Governor of Utah; MARK SHURTLEFF, inhis official capacity as Attorney General ofUtah; JEFFREY R. BUHMAN, in his officialcapacity as County Attorney for Utah County,

Defendants.

PLAINTIFFS MOTION FOR

ATTORNEYS FEES AND EXPENSES

Judge Waddoups

Civil No. 2:11-cv-00652-CW

Plaintiffs Kody Brown, Meri Brown, Janelle Brown, Christine Brown, and Robyn

Sullivan (the Brown family or the Browns), by and through counsel, and pursuant to Rule 54

of the Federal Rules of Civil Procedure, and DUCivR 54-2, file this Motion for Attorneys Fees

and move the Court to award reasonable attorneys fees to the Browns as prevailing parties in

Case 2:11-cv-00652-CW Document 91 Filed 09/10/14 Page 1 of 10


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this matter. To avoid unnecessary litigation or challenges, the Plaintiffs have elected (1) to

waive costs, (2) to waive fees for local counsel and legal staff, (3) to voluntarily reduce hours for

counsel by ten percent, and (4) to cut counsels hourly rate by roughly thirty-five percent to

reflect local rates for senior counsel.

GROUNDS FOR THE MOTION

The basis for the award of attorneys fees is the Courts final judgment entered on August

27, 2014. The Court ordered that Plaintiffs, as prevailing parties in an action for enforcement of

civil rights under 42 U.S.C. 1983, are entitled to an award of attorneys fees, costs, and

expenses incurred in this action under 42 U.S.C. 1988 upon further and proper application.

BACKGROUND

On July 13, 2011, the Browns filed both facial and as-applied constitutional challenges to

Utahs bigamy statute, Utah Code Ann. 76-7-101 (2013) (the Statute). This statute had been

challenged in numerous cases throughout the years on both the state and federal levels.

However, the Plaintiffs presented a detailed complaint against the statute under a mosaic of

constitutional claims, including due process, equal protection, free speech, free association, free

exercise, the Establishment Clause, and 42 U.S.C. 1983. (Dkt. No. 49.). The lawsuit was

widely considered a highly difficult case by experts despite the novel context and arguments

raised in the case. See, e.g ., Brian Skoloff, Sister Wives Challenge Utahs Bigamy Law ,

Associated Press (July 25, 2011) (quoting Stanford law professor on the huge challenges in such

an action).



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The Plaintiffs faced a series of threshold attacks by the Defendant before they could even

argue the merits of these constitutional claims. The litigation was made more difficult by

Defense cross motions filed in violation of the court ordered schedule, as discussed by the Court

in its prior rulings on the summary judgment. (Dkt. Nos. 55, 56, 57, 58.) Plaintiffs first faced a

determined standing challenge requiring extensive briefing on theories of jurisdiction, injury, and

Article III powers. After both briefing and an oral argument, the Court ruled on February 3,

2012 that Plaintiffs had standing to pursue the action. (Dkt. No. 31.) The Plaintiffs then filed

their Motion for Summary Judgment with arguments under each of the seven claims. (Dkt. No.

49.) However, the Defendant elected to file a Motion to Dismiss for Mootness at that time. (Dkt.

No. 46.) This required the Plaintiffs to brief and argue a detailed defense against mootness.

Rather than respond to the merits of the Plaintiffs claims, the Defendant later elected to file a

Cross Motion for Summary Judgment and Response to Plaintiffs Motion for Summary

Judgment (Dkt. No. 55) and a Motion to Stay Plaintiffs Motion for Summary Judgment

Proceedings Pending a Determination of Mootness (Dkt. No. 58). This required another round

of briefing from the Plaintiffs. Since the Defendant did not respond to the seven detailed

constitutional claims, Plaintiffs were compelled to anticipate arguments that could be made by

the Defendant on the merits. The Defendant then (again in violation of the briefing schedule

order) filed a Reply that introduced new arguments. Oral argument was held on the motions on

January 17, 2013.

On December 13, 2013, the Court ruled in favor of the Plaintiffs on summary judgment



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and ruled against the Defendant on all of his motions. (Dkt. No. 78) However, the Court

reserved the final count under 42 U.S.C. 1983 , and a status conference was held on January 17,

2014, with initial argument on the issue and an order for supplemental briefing from the parties.

On August 27, 2014, the Court issued the final ruling in favor of the Plaintiffs on the 1983 claim

and further declared them to be prevailing parties entitled to attorneys fees.

ARGUMENT

While the Court has already found in favor of awarding fees in this case, the Plaintiffs

note that the two opinions on the merits in this case easily satisfy the Farrar standard for such an

award. See Phelps v. Hamilton , 120 F.3d 1126, 1131 (10th Cir. 1997) (citing Farrar v. Hobby ,

506 U.S. 103, 121-22 (OConnor, J., concurring)). The three factors include (1) the difference

between the judgment recovered and the recovery sought; (2) the significance of the legal issue

on which the plaintiff prevailed; and (3) the public purpose of the litigation. Id . (citing Farrar ,

506 U.S. at 121-22 (OConnor, J., concurring)).

The first factor reflects the degree of success obtained in the case and is facially evident

in the Courts striking out the language challenged in the statute. The Plaintiffs argued that the

state could simply criminalize bigamy as defined by the possession of multiple marriage licenses.

Following the decision, plural families cannot be prosecuted (or seriously threatened with

prosecution) due to their private plural lifestyle.

The second Farrar factor is also easily established. As reflected by the international

attention given the Courts ruling, the decision in Brown was a historic decision for both the state



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and the country. It is a ruling that clearly goes beyond the actual relief awarded to examine the

extent to which the plaintiffs succeeded on their theory of liability. Phelps v. Hamilton , 120

F.3d 1126, 1132 (10th Cir. 1997) (citing Farrar , 506 U.S. at 121-22 (OConnor, J., concurring)).

The ruling is the first of its kind in this state or any state on the subject of plural relationships and

anti-bigamy statutes. To prevail, Plaintiffs had to address barriers remaining from standing to

the use of cases like Reynolds v. United States , 98 U.S. 145 (1879). There were also the

significant complications including the application of the Enabling Act and statehood questions.

Utah Enabling Act of 1894, ch. 138 3,28 Stat. 107,108. (Dkt. No. 31).

Finally, under the third factor, the public purpose served by the [plaintiffs] success

could not be greater. Phelps , 120 F.3d at 1132-33 (citing Farrar , 506 U.S. at 121-22 (OConnor,

J., concurring)). The ruling is not just a victory for plural families but also for privacy and other

fundamental rights enjoyed by all Americans. For plural families, the ruling will mean that they

are able to more openly interact with the state government and their communities. This

interaction will in turn bring greater transparency for state officials who want to work with these

families without the lingering threat of criminal prosecution. More importantly, the greatest

public purpose is served when a ruling reinforces our core principles of religious and individual

freedoms.

FEE CALCULATION

This motion follows a standard lodestar approach by multiplying the hours . . . counsel

reasonably spent on the litigation by a reasonable hourly rate. Case v. Unified School Dist. No.



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233, Johnson County, Kan. , 157 F.3d 1243, 1249 (10th Cir. 1998) (quoting Jane L. v. Bangerter ,

61 F.3d 1505, 1509 (10th Cir. 1995)). While this question falls within the Courts discretion,

counsel has sought to establish the reasonable rate for an attorney of the same experience level,

in the same community, for the same type of work. See Jane L ., 61 F.3d at 1510; see also Blum

v. Stenson , 465 U.S. 886, 895 (1984); Missouri v. Jenkins by Agyei , 491 U.S. 274, 286 (1989). 1

As discussed in the attached Turley declaration, Exhibit A, lead counsel expended 490

hours arguing for relief in this case. In a good-faith gesture, the Plaintiffs have voluntarily

reduced their hours by ten percent and waived considerable costs. Travel costs alone amounted

to roughly $10,000. Plaintiffs have also elected to waive fees for local counsel as well as for

supporting legal interns and staff. Since Washington hourly rates are higher than those in Utah,

the Plaintiffs have further elected to make a thirty-five percent decrease in the hourly rate to

reflect local rates in Salt Lake City for senior litigators.2

See Exhibit D (Declaration of Adam

1 See Exhibit C (Turley background). A common reference tool used in such hourly feecalculation is the National Law Journals annual survey of billing rates from around the country.See NLJs Billing Survey , Jan. 13, 2014 (Firms with their largest office in New York had thehighest average partner and associate billing rates, at $882 and $520, respectively. . . . [with]more than 25 percent of partners at large New York firms charg[ing] $1,000 per hour or more . . .Washington was the next priciest city . . . with partners charging an average $748 and associates

$429.).2 This reduction is made despite the fact that courts will award the hourly rate of outsidecounsel rather than the forum rate rule in certain cases. See, e.g., Interfaith Cmty. Org. v.

Honeywell Intern., Inc ., 426 F.3d 694, 705 (3d Cir. 2005). This is done where the specialexpertise of counsel was required (as in a complex constitutional case) and no local counsel waswilling or able to handle the case at the time.



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Alba). Plaintiffs used what was a good-faith estimate3 but defer to this Courts discretion and

experience on the appropriate hourly rate. 4

With the adjusted hours, the lodestar figure comes to 441 hours multiplied by a $550

hourly rate. The result is a lodestar figure of $242,550 in outstanding fees sought in this motion.

This represents a reduction of $124,733 from $367,283 under the Washington fee rate, not

counting the waiver of local counsel fee and all costs. See Exhibit B. This amount is also

commensurate with the level of funding given to outside counsel by the state in analogous

litigation. See Utah To Pay $300K To Defend Gay Marriage Ban , Associated Press, Jan. 14,

3 Both lead and local counsel attempted to locate published surveys for the Salt Lake Citymarket. Inquiries were made with state librarians and other resources as well as a review ofnational surveys. However, they could not locate any published surveys for the Salt Lake City

bar. One survey was located on Utah fees. Utah State Bar, 2011 Survey of Members (Table 19),

available at http://www.utahbar.org/wp-content/uploads/2012/06/2011_DanJones_SurveyOfAttorneys.pdf However, this survey did not distinguish Salt Lake City Utah and was generalizedfor the whole state. It was also three years old at the time of its publication and polled memberson their 2010 data. See id. (Question 13 on 2010 income) This survey stated that the top one

percent of the entire state charged between $400-499 an hour in 2010. This included other Utahmarkets with lower historical rates and was based on rates from 4 years ago. Nevertheless, this

baseline seems to confirm the other inquiries of local counsel on the rates for senior counsel inSalt Lake City as likely falling between $500-$550 today.4 Past cases in Western markets have referenced senior rates in the high 400s and Plaintiffshave tried to extrapolate from those figures as well as from the inquiries made by local counsel.There are no published rate surveys for Salt Lake City (unlike Washington) so the estimation is

more difficult. Indeed, Salt Lake City rates do not appear in the available NLJ survey.Accordingly, counsel looked at the market in the major cities in the region. See, e.g., Watson v. Dillon Cos ., Inc. , Case No. 08-cv-00091-WYD-CBS, 2013 U.S. Dist. LEXIS 122594, 2013 WL4547521, *2 (D. Colo. Aug. 28, 2013) (approving rate of $550 per hour for lead attorney); BiaxCorp. v. NVIDIA Corp ., Case No. 09-cv-01257-PAB-MEH, 2013 U.S. Dist. LEXIS 113318,2013 WL 4051908 (D. Colo. Aug. 12, 2013) (approving rates of over $700 per hour for seniorcounsel in reliance on the 2010 National Law Journal billing).



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2014 (discussing hiring of Washington counsel for single appeal for $200,000). This involved a

three-year litigation at the trial level with extensive briefing and multiple oral arguments, to

address complex (and novel) constitutional questions. These questions spanned seven different

areas of precedent and raised historical and cultural issues rooted in the very founding of the

State of Utah. The Plaintiffs believe that the hours and the rate represent a reasonable and good-

faith submission as prevailing parties in this case.

Respectfully submitted this 10 th day of September, 2014.

/s/ Jonathan Turley_____Jonathan Turley ( Pro Hac )2000 H St., N.W.Washington, D.C. 20052(202) 994-7001

[email protected]

Adam Alba, 13128610 Crestwood Cir.Bountiful, UT 84010(801) [email protected] for Plaintiffs



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CERTIFICATE OF SERVICE

This is to certify that copies of the foregoing Motion and Memorandum of Points and

Authorities for Summary Judgment were served on this date by electronically filing the

foregoing with the Clerk of the Court using the CM/ECF system which will send notification of

such filing to the following:

Jerrold S. Jensen (#1678)

Thom D. Roberts (#2773)Assistant Attorneys GeneralAttorneys For Defendants160 East 300 South, 5th FloorP.O. Box 140857Salt Lake City, Utah 84114-0857Telephone: (801) 366-0353

[email protected]@utah.gov

Ryan B. Parker (#11742)

Department of Justice, Civil Division20 Massachusetts Ave NWWashington, D.C. 20530Telephone: (202)[email protected]

DATE: September 10, 2014/s/ Jonathan Turley_____Jonathan Turley (Pro Hac)2000 H St., N.W.Washington, D.C. 20052

(202) 994-7001 [email protected]

Adam Alba, 13128610 Crestwood Cir.Bountiful, UT 84010



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(801) [email protected]




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EXHIBIT A

Case 2:11-cv-00652-CW Document 91-1 Filed 09/10/14 Page 1 of 5


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Jonathan Turley ( Pro Hac )2000 H St., N.W.Washington, D.C. 20052(202) 994-7001

[email protected]

Adam Alba, 13128610 Crestwood Cir.Bountiful, UT 84010(801) [email protected]


UNITED STATES DISTRICT COURT

DISTRICT OF UTAH, CENTRAL DIVISION

KODY BROWN, MERI BROWN, JANELLEBROWN, CHRISTINE BROWN, ROBYN

SULLIVAN,

Plaintiffs,v.

GARY R. HERBERT, in his official capacityas Governor of Utah; MARK SHURTLEFF, inhis official capacity as Attorney General ofUtah; JEFFREY R. BUHMAN, in his officialcapacity as County Attorney for Utah County,

Defendants.

AFFIDAVIT OF JONATHAN TURLEY IN

SUPPORT OF PLAINTIFFS MOTIONFOR ATTORNEYS FEES AND

EXPENSES

Judge Waddoups

Civil No. 2:11-cv-00652-CW

I, Jonathan Turley, make this declaration in support of the Plaintiffs Motion forAttorneys Fees in the above captioned matter and hereby declare and state as follows:



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1. I am over the age of twenty-one (21) years. I have personal knowledge of the facts setforth below, and if called as a witness, I am competent to and would testify to the mattersdiscussed below.

2. I am licensed to practice law in the District of Columbia and have an inactive status as a bar member of the State of Illinois.

3. I have served as lead counsel for the Plaintiffs in the above captioned matter since 2011.

PROFESSIONAL BACKGROUND AND STANDING

4. I have been a practicing lawyer for roughly 25 years. I graduated from NorthwesternUniversity Law School in 1987.

5. I am admitted to the bars of the District of Columbia and Virginia, as well as the bar ofthe United States District Court for the District of Columbia. In addition to the District ofColumbia and Virginia, I have handled cases throughout the country on every level of

practice, including agency appeals, probation hearing, military proceedings, trial

representation, and appellate representation. I am admitted to practice before a variety offederal circuits and trial courts around the country, and I am also a member of the bar ofthe Supreme Court of the United States.

6. I have served as lead counsel in a variety of cases over the last two decades, litigating arange of constitutional, criminal, and administrative claims. I have also previously beenemployed as an expert on legal practice, as well as a constitutional adviser, to the FloridaHouse of Representatives and to the Puerto Rico House of Representatives. I haveattached my rsum as Exhibit B to the motion for attorneys fees.

7.

I am also a law professor at The George Washington University Law School and hold theShapiro Chair for Public Interest Law.

FEE RATES AND BILLING

8. Based upon this background and professional standing, I currently charge $825 per hour,which is adjusted each year by reviewing the rates of partner-level lawyers of



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comparative standing in Washington, D.C. This fee is my benchmark for litigation aswell as legal consulting, though I tailor (or waive) my fees for clients in public interestcases or sometimes use lump sum retainer figures.

9. One such source for billing rates is the annual survey issued by the National Law Journal.

10. My current rate is below the top billing rates for the city. Seehttp://www.nationallawjournal.com/id=1202637587261/NLJ-Billing-Survey-1000-Per-Hour-Isnt-Rare-Anymore?slreturn=20140809201002. My rate is the same as my co-leadcounsel in litigation with the Bryan Cave law firm in Washington, D.C. I have a long-standing association with Bryan Cave in litigation cases.

11. The rates in the District of Columbia are much higher than the standard rates in Utah.Indeed, Washington, D.C. and New York admittedly have the highest average ratesamong U.S. cities, with rates for some elite lawyers approaching $2,000 per hour. See http://www.alm.com/about/pr/releases/national-law-journal-reports-1-5-largest-us-law-firms-employ-partners-who-charge

12. I currently use TimeNet as a billing system, which shows an adjusted annual rate forentries. I have a separate case filing system for this matter as part of the TimeNet system.

13. The fees record shows 490 hours expended in this litigation over the course of three yearsfrom the drafting of the Complaint to this filing. Per a long-standing practice, I havevoluntarily reduced these hours by 10 percent for an adjusted total of 441 hours.

14. At the D.C. rate, the adjusted hours would represent $367,283 in fees, as shown on theTimeNet account sheets.

15. Both Mr. Alba and I have made inquiries into the standard rates for senior counsel at SaltLake City firms, but we could not find any recent published survey. These inquiries weremade with lawyers and law librarians in Utah. We have tried to approximate the regionalrate given other major cities in the Western market. We also located one date survey forthe entire state of Utah using 2010 data. That baseline (which is discussed in the motion)appears to support Mr. Albas estimation on the current rate for senior counsel for the

Salt Lake City bar. However, at an adjusted rate for Utah of $550 per hour, the adjustedhours would represent $242,550 in outstanding fees.

16. I have benefited from the assistance of our local counsel Adam Alba and a variety oflegal assistants at The George Washington University. We have decided to waive the feesfor Mr. Alba and the legal assistants.



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17. We have also elected to waive costs in this matter, despite that fact that we have keptinvoices for some of these costs. Those records show, for example, that travel forhearings alone included (February 2014) $1,935, (February 2013) $2,182, (August 6,2012) $2,176, (March 13, 2012) $1,635, and (July 18, 2011) $1,942, for a total of $9,870.

18. As lead counsel, I took the primary drafting and oversight duties on all filings in thelitigation. I also argued for the Plaintiffs at every hearing held in Salt Lake City.

19. Exhibit B to the motion contains the record of my hours that are being sought throughthis Motion. The narrative descriptions of the tasks performed are made at the time ofentry and the hourly rate for that year is reflected in one of the columns.

20. The rates above are consistent with the prevailing market rates in the District ofColumbia and Utah, respectively, for lawyers and law firms of comparable skill,experience, and practice. The local fee figure was established through our local counsel,Adam Alba. See Exhibit D.

21. I have reviewed the fee record for this case and removed entries for most administrativemeetings, media inquiries, and other collateral charges.

22. I have worked on this case pro bono without payment from the Plaintiffs, as has my co-counsel Adam Alba and our team of assistants.

I hereby declare under penalty of perjury that the foregoing is true and correct to the bestof my knowledge.

Executed on this 10th day of September, 2014 in Washington, D.C.

/s/ Jonathan Turley_____Jonathan Turley (Pro Hac)2000 H St., N.W.Washington, D.C. 20052(202) 994-7001

[email protected]



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EXHIBIT B



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Jonathan Turley2000 H. St., N.W.Washington, D.C. 20252

202-994-7001

Statement Invoice No: KBEA-0 DRAFT

Date: 9/10/14Bill to: Kody Brown et al,

Brown v. Herbert

Previous Balance: $0.00

Hourly Fees

Date Description Timekeeper Time Rate Amount

1/20/11 Client Conferral Jonathan Turley 0:45:00 $725.00/HR $543.75

status on case/questions from clients

2/5/11 Research/dismissal of defendants Jonathan Turley 2:00:00 $725.00/HR $1,450.00

impact on 1983 and related counts


Discussion of different options in challenging cohabitation law/strategy for challenges andlimits on public statements etc - Kody and family

2/27/11 Legal research Jonathan Turley 3:30:00 $725.00/HR $2,537.50

Preliminary research on scope of potential claims/potential defendants for civil action/statecohabitation provision


Research on forum/district filings options/Utah judges and procedures


State liability issues/1983/declaratory judgment act targeting county and state officers/record

of involvement of county prosecutor v. state officers 3/1/11 Client Conferral Jonathan Turley 1:30:00 $725.00/HR $1,087.50

Discussion of scope and process for filing with Brown family



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research on prior declaratory judgment actions against states/research on other cohabitationand bigamy cases/Utah litigation over cohabitation provision/Lexis/Nexis


Utah cases on prior challenges/10th circuit rulings on due process and free exercise


Cases on Lawrence v. Texas/background and past citations for Reynolds


Standing cases/injury for pre-indictment action


Standing research/optimal parties other than family members/use of promotional and travellosses

3/24/11 Administrative Jonathan Turley 2:45:00 $725.00/HR $1,993.75

Discussion of new filing with secretary/potential student team members/discussion withalumni office on graduates in SLC for possible local counsel


Due process cases/potential claims/substantive and procedural due process cases

4/3/11 Drafting Jonathan Turley 3:15:00 $725.00/HR $2,356.25

complaint sections/litigation history on fact pattern/required sections/jurisdictional issuesand section


preliminary work on potential for equal protection claim based on cohabitation/research onrange of plural relationships in Utah and the country

4/10/11 Conferral With Clients Jonathan Turley 1:00:00 $725.00/HR $725.00

Discussion of timing for filing/discussion of other potential parties

4/14/11 Drafting/research Jonathan Turley 4:00:00 $725.00/HR $2,900.00research on the history of Utah's polygamy laws/religious basis for polygamy as religious

practice/state history of prosecution for fact section


Rough cut on potential complaint/counts/parties/Utah captioning and local rules



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discussion of prior injuries and damages for the complaint


work on range of counts/equal protection/due process/free exercise/1983/free speech/reliefsection

4/18/11 Conferral with clients Jonathan Turley 2:00:00 $725.00/HR $1,450.00

Discussion of injuries with each of the Brown adults for possible inclusion in Complaint

4/19/11 Conferral/Drafting Jonathan Turley 1:50:00 $725.00/HR $1,329.17

edit on draft complaint/conferral with Joe Haupt on review/pro hac status questions

4/19/11 Conferral With Clients/Documentreview

JonathanTurley

2:00:00 $725.00/HR $1,450.00

Review of accounts of clients on injuries and conferral on injuries to them


free exercise claims and cases/past cases on generally worded statutes and selectiveenforcement

4/25/11 Document review Jonathan Turley 1:45:00 $725.00/HR $1,268.75

Review of Christine's injuries and damages


interview of team members/formation of litigation team for GWU


rough cut on counts and structure of complaint for circulation of skelton draft/initial factsection/Eric Sidler conferral on draft


Conferral with Eric Sidler on rough complaint draft/review of edits


Draft review of edits by Joe Haupt

5/3/11 Research Jonathan Turley 2:00:00 $725.00/HR $1,450.00

Research on prior statements of prosecutors/public references to Browns/review of researchof Haupt on public comments/conferral on pro hac filing



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5/4/11 Conferral Jonathan Turley 0:30:00 $725.00/HR $362.50

conferral with Joe H. on pro hac requirements/forms/and local rules

5/5/11 Research review Jonathan Turley 1:15:00 $725.00/HR $906.25

Review of local research/pro hac forms by Joe Haupt 5/6/11 conferral/research Jonathan Turley 2:20:00 $725.00/HR $1,691.67

local counsel review of backgrounds/discussion with Joe Haupt on filing rules for outsidecounsel/review of Haupt edits on draft complaint

5/7/11 Drafting/research Jonathan Turley 2:45:00 $725.00/HR $1,993.75

research on basis for free exercise count


review of Equal Access to Justice Act research and 1983/1988 liability rules/conferral withJoe Haupt


fee recovery/injunctive and declaratory relief cases/42 U.S.C. 1988

5/9/11 draft/research Jonathan Turley 2:00:00 $725.00/HR $1,450.00

equal protection cases and research


fee recovery case review/cost estimates for family/state liability question on damages 5/15/11 draft/research Jonathan Turley 3:20:00 $725.00/HR $2,416.67

entanglement cases and free speech count research/drafting on complaint


Eleventh Amendment research/immunity issues for the complaint/damages/ Will v. Mich.case line

5/16/11 Editing and drafting Jonathan Turley 2:45:00 $725.00/HR $1,993.75

right of association count research/cases on interaction with free exercise


review of current draft/confirming represented fact


Client review/draft complaint



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Discussion of injuries with Janelle and conference call with family.

5/30/11 Document prep Jonathan Turley 0:45:00 $725.00/HR $543.75

civil sheet review and completion 5/31/11 draft/edit Jonathan Turley 1:45:00 $725.00/HR $1,268.75

changes from Kody et al on complaint

6/1/11 conferral Jonathan Turley 1:00:00 $725.00/HR $725.00

Team meeting with Joe Haupt and Geoff Turley

6/2/11 Editing Jonathan Turley 1:30:00 $725.00/HR $1,087.50

Review of Geoff Turley's edit of complaint

6/13/11 Draft/Edit Jonathan Turley 2:50:00 $725.00/HR $2,054.17

Editing on fact section/injury references/client conferral (email)

6/25/11 Drafting/Editing Jonathan Turley 3:20:00 $725.00/HR $2,416.67

Preparation of final attorney client representational form/conferral with clients

7/1/11 Edit Jonathan Turley 1:00:00 $725.00/HR $725.00

Review of G. Turley's latest edits/incorporation into master complaint

7/3/11 Administrative Jonathan Turley 1:15:00 $725.00/HR $906.25

arrangements for filing/travel/press release/team member participation

7/5/11 Editing and drafting Jonathan Turley 1:00:00 $725.00/HR $725.00

edit on jurisdictional statement/drafting of public statement/conferral


pro hac package/shipping issues/hotel arrangements/summons


edits and proofing on complaint 9/2/11 Document review/standing Jonathan Turley 2:00:00 $725.00/HR $1,450.00

review of Defs Motion and Mem to dismiss on standing

9/2/11 Document review/standing Jonathan Turley 5:00:00 $725.00/HR $3,625.00

research on cases on standing/sufficiency of affidavits/pre-indictment injury



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meeting on schedule for opposition to mot to dismiss/team

9/22/11 Drafting/Editing/extension Jonathan Turley 2:45:00 $725.00/HR $1,993.75

Drafting of motion to extend/conferral/ to file response on standing 9/27/11 Administrative Jonathan Turley 1:00:00 $725.00/HR $725.00

Court order extension/staff meeting on schedule for research and filing

10/4/11 Research (Opp.Mot. Dismiss) Jonathan Turley 2:30:00 $725.00/HR $1,812.50

Division of sections on motion to dismiss/research on underlying cases

10/6/11 Draft/Edit (Opp. Motion ToDismiss)

JonathanTurley

3:00:00 $725.00/HR $2,175.00

drafting on opposition/challenges in pre-indictment setting/necessary injuries/team conferralon sections/structure

10/15/11 Editing/drafting (opp. dismissstanding)

JonathanTurley

5:00:00 $725.00/HR $3,625.00

case research on standing issues/failure to fail answer conferral with team/work on filing


JonathanTurley

3:00:00 $725.00/HR $2,175.00

Review of draft of opposition/conferral with team/research on cases

10/17/11 Draft/Edit (Opp/Mot. Distress) Jonathan Turley 05:00:00 $725.00/HR $3,625.00Edit of opposition/review of declarations/conferral with clients.

10/28/11 Document review (Order) Jonathan Turley 1:45:00 $725.00/HR $1,268.75

Initial research and conferral on order on whether U.S. should be joined.

10/31/11 Document review (Resp.Mot.Dismiss)

JonathanTurley

1:30:00 $725.00/HR $1,087.50

Review of Def.'s response on motion to dismiss

11/28/11 Conferral (injury/dismiss) Jonathan Turley 1:00:00 $725.00/HR $725.00telephone meeting with Tenzer/discussion of industry standards/contracts

11/30/11 Drafting (Injury/Standing) Jonathan Turley 3:00:00 $725.00/HR $2,175.00

discussion with Tenzer of record on injury/drafting of declaration



23/101

8

12/1/11 Research (Mot. Dismiss) Jonathan Turley 2:30:00 $725.00/HR $1,812.50

research on standard contracts for reality shows/industry/ call with potential witnesses onindustry standards/projected profits


telephone call with Tenzer/redraft on declaration/email draft

12/1/11 Conferral (injury/dismiss) Jonathan Turley 1:50:00 $725.00/HR $1,329.17

telephone conversation with Janelle/review of prior contract issues/Maguire record

12/9/11 Document review (Response toShow Cause)

JonathanTurley

2:00:00 $725.00/HR $1,450.00

review of def's filing in response to show cause/conferral with team/assignments


drafting on Maguire declaration from notes/emails

12/10/11 Research (showcause/statehood)

JonathanTurley

2:15:00 $725.00/HR $1,631.25

research on statehood show cause issue/distinction recognition and criminalization

12/10/11 Conferral (expert/injury/dismiss) Jonathan Turley 1:00:00 $725.00/HR $725.00

conversation with Maguire on past contractual issues/losses


David Tenzer telephone calls on costs/injuries/declaration

12/11/11 conferral (response to Mot.Dismiss)

JonathanTurley

1:15:00 $725.00/HR $906.25

conversation by telephone with Michael Maguire on declaration/record for filing on injury

12/12/11 Drafting (Showcause/statehood)

JonathanTurley

3:00:00 $725.00/HR $2,175.00

drafting and editing of response to show cause order on the statehood issue/conferral withteam/proofing

12/13/11 Editing (show cause) Jonathan Turley 4:00:00 $725.00/HR $2,900.00

editing of tenzer and maguire declarations/prep for filing in response to show cause

12/13/11 Drafting/Editing (Resp. ShowCause)

JonathanTurley

2:45:00 $725.00/HR $1,993.75

Edits on filing for show cause/conferral with Brown family on injury/filing



24/101


25/101

10

1/11/12 Draft/Edit (Supp. NewAuthority)

JonathanTurley

2:30:00 $750.00/HR $1,875.00

new authority filing on Awad/edit with team

2/3/12 Document review (Opinion) Jonathan Turley 2:00:00 $750.00/HR $1,500.00

review of memorandum and order on motion to dismiss

2/3/12 Conferral clients Jonathan Turley 1:15:00 $750.00/HR $937.50

conferral with clients on decision and expected progress of case

2/4/12 Research (Order/Motion ToDismiss)

JonathanTurley

3:00:00 $750.00/HR $2,250.00

research on challenging granting of dismissal of AG and Governor/implications for 1983 andother claims to proceed with only local prosecutor

2/17/12 Document review (answer) Jonathan Turley 1:00:00 $750.00/HR $750.00

Initial review of answer

2/21/12 AdministrativeA Jonathan Turley 0:45:00 $750.00/HR $562.50

ADR and Court notice

3/08/12 Research on federal entry Jonathan Turley 2:30:00 $750.00/HR $1,875.00

research on interest of federal government into case/possible motions and interests/conferral(30 m) with team

5/3/12 Conferral With Counsel Jonathan Turley 0:30:00 $750.00/HR $375.00conferral with opposing counsel on joint motion for scheduling etc

5/4/12 Drafting (scheduling) Jonathan Turley 2:00:00 $750.00/HR $1,500.00

conferral with local counsel/drafting of filing on scheduling


scheduling for filings/order/meeting team

5/17/12 Drafting/Editing

(summ.judg.Motion)

Jonathan

Turley

4:15:00 $750.00/HR $3,187.50

fact section/free speech sections/case research

5/18/12 Drafting/Editing(summ.judg.Motion)

JonathanTurley

4:00:00 $750.00/HR $3,000.00

religion cases and sections/free exercise and entanglement cases/ current court docket



26/101

11


JonathanTurley

4:00:00 $750.00/HR $3,000.00

waiver issues on facts/due process research for section on summary judgment


JonathanTurley

5:00:00 $750.00/HR $3,750.00

research on State v. Holm, Reynolds and progeny/standard section/fundamental libertyrulings/deference to state interpretation rulings


JonathanTurley

3:50:00 $750.00/HR $2,875.00

lawrence research and arguments/ Seegmiller holding and argument


JonathanTurley

3:00:00 $750.00/HR $2,250.00

rational basis arguments on summ.jud.

cases and standard


JonathanTurley

4:00:00 $750.00/HR $3,000.00

void for vagueness cases and arguments/Morales arguments

5/24/12 Research/draft review (summary jud)

JonathanTurley

3:45:00 $750.00/HR $2,812.50

Heightened scrutiny standard/Carolene Prods/Rodriguez/morality as rational basis argument 5/25/12 Research/draft review (summary

jud)JonathanTurley

6:45:00 $750.00/HR $5,062.50

free speech issues/Hurley et al/section analysis/meeting on section/free associationarguments


JonathanTurley

3:50:00 $750.00/HR $2,875.00

Equal protection material/religion clause arguments/conferral with team


JonathanTurley

4:00:00 $750.00/HR $3,000.00

establishment section/editing on team material/equal protection draft



27/101

12


JonathanTurley

5:15:00 $750.00/HR $3,937.50

substantive due process material from team/incorporation of material into master/first cutsfor space


JonathanTurley

5:30:00 $750.00/HR $4,125.00

General edits/conferral with team


JonathanTurley

6:00:00 $750.00/HR $4,500.00

edits on filing/cut downs/basis for extension under rules/prep motion to extend

5/31/12 Client Conferral (SummaryJudgment)

JonathanTurley

1:00:00 $750.00/HR $750.00

Client review and conferral on draft of summary judgment motion/telephone with Kody etal/email


JonathanTurley

5:50:00 $750.00/HR $4,375.00

final edits/draft motion to extend pages/meeting with team on finalization/filing

6/1/12 Document review (mootness) Jonathan Turley 3:00:00 $750.00/HR $2,250.00

mootness filing/mootness case review

6/3/12 Research (mootness) Jonathan Turley 3:30:00 $750.00/HR $2,625.00case research on mootness/sufficiency of declaration/judicial standard/post-filingdeterminations

6/6/12 research/mootness Jonathan Turley 4:00:00 $750.00/HR $3,000.00

research on mootness/10th circuit approach


transcript costs/conferral Browns


opp to mootness/exceptions cases/section draft


Mootness opposition research and drafting



28/101

13

6/28/12 Drafting/editing Jonathan Turley 6:00:00 $750.00/HR $4,500.00

Mootness filing and strike filing/research and edits


Def.'s Motion and Mem. for Summary judgment/supporting case 6/29/12 Drafting/research Jonathan Turley 3:00:00 $750.00/HR $2,250.00

mem. opp. mootness

6/29/12 Drafting/Strike Jonathan Turley 3:00:00 $750.00/HR $2,250.00

Drafting and research on motion to strike

6/30/12 research/cross motion Jonathan Turley 4:00:00 $750.00/HR $3,000.00

research on cited authority for cross motion/waiver of issues on merits from plaintiffs

motion/cases on record for summary on fact questions 7/1/12 research/drafting (cross) Jonathan Turley 3:45:00 $400.00/HR $1,500.00

outline issues and cases for cross opp./ Holm implications and rebuttal/failure to contestfactual assertions cases

7/1/12 Editing/drafting Jonathan Turley 4:00:00 $750.00/HR $3,000.00

Mootness filing/edits

7/2/12 drafting/filing Jonathan Turley 2:45:00 $750.00/HR $2,062.50

final reads, editing and ecf with Gina on memo in opp to stay 7/3/12 Administrative/hearing conferral Jonathan Turley 1:00:00 $750.00/HR $750.00

court schedule/conferral on dates/implication of order on response

7/17/12 drafting/affidavit Jonathan Turley 3:00:00 $750.00/HR $2,250.00

Kody Brown affidavit

7/18/12 Drafting Jonathan Turley 1:00:00 $750.00/HR $750.00

edits with team/Kody affidavit

7/22/12 Drafting/notice Jonathan Turley 1:30:00 $750.00/HR $1,125.00

notice for affidavit

7/23/12 Filing/Affidavit Jonathan Turley 0:30:00 $750.00/HR $375.00

Kody affidavit/with Gina ecf



29/101

14

7/24/12 review/prep hearing Jonathan Turley 4:00:00 $750.00/HR $3,000.00

file review/hearing prep

7/25/12 Pre-Hearing (Mootness) conferral Jonathan Turley 1:00:00 $750.00/HR $750.00

Conferral with Adam Alba/legal library 7/25/12 Conferral (Mootness) Jonathan Turley 2:15:00 $750.00/HR $1,687.50

conferral with Adam Alba after hearing/ briefing Brown family on the hearing and futureschedule and issues

7/25/12 Hearing (Mootness) Jonathan Turley 1:30:00 $750.00/HR $1,125.00

Hearing on mootness in Salt Lake City


Motion dismiss ruling 8/18/12 Conferral/clients Jonathan Turley 1:20:00 $750.00/HR $1,000.00

discussion of opinion of the court and going forward with Browns

8/20/12 Scheduling/Administrative Jonathan Turley 0:45:00 $750.00/HR $562.50

January hearing scheduling/team conference call


reply on summary judgment/research/drafting


Reply mem on summ. j.

8/25/12 Drafting/edits Jonathan Turley 4:00:00 $750.00/HR $3,000.00

reply mem. summ. j.


reply mem. summ. j.

8/30/12 editing/reply filing Jonathan Turley 2:30:00 $750.00/HR $1,875.00

editing of reply mem.for filing

9/26/12 Conferral with opposingcounsel/team

JonathanTurley

0:30:00 $750.00/HR $375.00

conferral on request for extension with opposing counsel and our team



30/101

15


Def.'s reply to response to motion. Conferral with team

1/15/13 Conferral with court/team Jonathan Turley 0:45:00 $800.00/HR $600.00

Communication from Jeff Taylor at court/scheduling change/conferral with team/Jenson 1/17/13 Hearing Jonathan Turley 1:15:00 $800.00/HR $1,000.00

Hearing in SLC

1/17/13 Pre-Hearing Prep (SummaryJudgment)

JonathanTurley

5:00:00 $800.00/HR $4,000.00

prep for hearing on summary judgment/final hearing note print/practice arguments

1/17/13 Pre-hearing conferral Jonathan Turley 1:00:00 $800.00/HR $800.00

Meeting with Adam Alba in legal library to go over hearing arguments/issues 1/17/13 Post-Hearing (Summ. Judgment)

conferralJonathanTurley

2:45:00 $800.00/HR $2,200.00

One hour meeting with Alan Alba on hearing and future moves/breifing with Brown familyon the status and future issues/conferral with DC team on same subjects


cost billing/conferral with Browns


research and drafting of new authority notice


notice filing on new authority

3/26/13 Drafting/filing Jonathan Turley 1:00:00 $800.00/HR $800.00

notice/filing


cross opinions on summary judgment

12/17/13 Client briefing on opinion Jonathan Turley 1:45:00 $800.00/HR $1,400.00

explanation of the opinion to Browns and process going forward/telephonic meeting/Q&Afrom family



31/101

16

12/18/13 research/amended order/appealissues

JonathanTurley

1:45:00 $800.00/HR $1,400.00

appeal and impact of undecided count/conferral on 1983 issue remaining with team

12/20/13 Conferral Jonathan Turley 2:00:00 $800.00/HR $1,600.00

with local counsel and dc team on vacating of order/probable 1983 issues/conferral withBrowns

12/20/13 Document review Jonathan Turley 0:20:00 $800.00/HR $266.67

amended order


with Browns on amended order/meaning for schedule


Scheduling arrangements for hearing in S/L for 1983

1/2/14 Scheduling/Admn Jonathan Turley 0:15:00 $825.00/HR $206.25

new hearing date

1/6/14 Conferral with clients Jonathan Turley 1:00:00 $825.00/HR $825.00

one upcoming hearing/schedule and possible outcomes - telephonic

1/15/14 Review of prior orders Jonathan Turley 1:00:00 $825.00/HR $825.00

prep for hearing/review of dismissal of earlier parties and order 1/16/14 research/1983 Jonathan Turley 2:15:00 $825.00/HR $1,856.25

Research on Fed. Rule Pro. 54/Curtiss-Wright/Phelps on fee issues/review memo from team

1/17/14 Pre-hearing (1983) conferral Jonathan Turley 1:00:00 $825.00/HR $825.00

Meeting with Adam Alba in legal library to go over possible issues on 1983 and final order

1/17/14 Hearing Jonathan Turley 1:20:00 $825.00/HR $1,100.00

hearing/post discussion with Adam Alba

1/17/14 Pre-hearing prep (1983) Jonathan Turley 3:20:00 $825.00/HR $2,750.00

prep on 1983 issues/conferral with DC team/final print on notes

1/17/14 Conferral (1983) Jonathan Turley 2:50:00 $825.00/HR $2,337.50

One hour meeting with Alba on hearing/briefing of Brown on issue of damages and finalcount/outstanding issues



32/101

17

1/19/14 Conferral on newresearch/assignments

JonathanTurley

0:45:00 $825.00/HR $618.75

1/20/14 drafting 1983 JonathanTurley

3:40:00 $825.00/HR $3,025.00

filing

1/22/14 drafting Jonathan Turley 2:00:00 $825.00/HR $1,650.00

1983 filing

1/22/14 Research/drafting Jonathan Turley 1:45:00 $825.00/HR $1,443.75

research on the requirements for claiming damages under 1983 for upcoming filing

1/23/14 Conferral/administrative Jonathan Turley 1:00:00 $825.00/HR $825.00

Conferral on 1983 research and team assignments

1/23/14 Drafting/1983 Jonathan Turley 2:00:00 $825.00/HR $1,650.00

filing

1/23/14 research 1983 Jonathan Turley 02:00:00 $825.00/HR $1,650.00

review of cases on fee demands and 1983 claims

1/24/14 drafting/1983 Jonathan Turley 3:20:00 $825.00/HR $2,750.00

filing

1/25/14 research Jonathan Turley 1:45:00 $825.00/HR $1,443.75

New authority in 7th circuit. Review of qualified immunity. Search other new authority for possible supplement


review of research on qualified immunity for response to Court's Jan. 17th order

1/26/14 Drafting/1983 count Jonathan Turley 06:30:00 $825.00/HR $5,362.50

1983 filing/editing


Followup with Utah AG's office on agreement

1/27/14 Drafting/conferral Jonathan Turley 2:00:00 $825.00/HR $1,650.00

finish drafting on filing



33/101

18

1/29/14 Drafting/Supplemental Jonathan Turley 1:45:00 $825.00/HR $1,443.75

notice on new authority in Seventh Circuit

1/30/14 filing Jonathan Turley 0:40:00 $825.00/HR $550.00

final review/ecf filing with Gina/new authority 2/4/14 Conferral Jonathan Turley 0:45:00 $825.00/HR $618.75

w. opposing counsel Jensen

2/10/14 Scheduling/Ext Jonathan Turley 0:30:00 $825.00/HR $412.50

COnferral with opposing counsel Jensen/schedule


filing review from defendant's response filed today

2/15/14 Research (Response Motion toDismiss)

JonathanTurley

2:45:00 $825.00/HR $2,268.75

Authority review from Def's Response

2/18/14 Document review (answer) Jonathan Turley 3:00:00 $825.00/HR $2,475.00

comparison complaint/answer/meeting with staff/conferral with adam alba


email briefing on schedule issues etc


Discussion of status of case/Reyes decision on appeal etc.

7/17/14 Conferral/Client Jonathan Turley 1:30:00 $825.00/HR $1,237.50

telephonic meeting with Kody on affidavit


Review of 1983 decision/explanation and telephonic meeting with Browns on status


Filing on fees/record/cases


fees cases/standard for motion on fees



34/101

19


drafting of motion/affidavit on fees for filing

9/10/14 filing Jonathan Turley 2:00:00 $825.00/HR $1,650.00

last edits and filing/editing 1/20/11 Client Conferral Jonathan Turley 0:45:00 $725.00/HR $543.75

status on case/questions from clients

2/5/11 Research/dismissal of defendants Jonathan Turley 2:00:00 $725.00/HR $1,450.00

impact on 1983 and related counts


Discussion of different options in challenging cohabitation law/strategy for challenges and

limits on public statements etc - Kody and family 2/27/11 Legal research Jonathan Turley 3:30:00 $725.00/HR $2,537.50

Preliminary research on scope of potential claims/potential defendants for civil action/statecohabitation provision


Research on forum/district filings options/Utah judges and procedures


State liability issues/1983/declaratory judgment act targeting county and state officers/recordof involvement of county prosecutor v. state officers

3/1/11 Client Conferral Jonathan Turley 1:30:00 $725.00/HR $1,087.50

Discussion of scope and process for filing with Brown family


research on prior declaratory judgment actions against states/research on other cohabitationand bigamy cases/Utah litigation over cohabitation provision/Lexis/Nexis


Utah cases on prior challenges/10th circuit rulings on due process and free exercise


Cases on Lawrence v. Texas/background and past citations for Reynolds


Standing cases/injury for pre-indictment action



35/101

20


Standing research/optimal parties other than family members/use of promotional and travellosses


Discussion of new filing with secretary/potential student team members/discussion withalumni office on graduates in SLC for possible local counsel


Due process cases/potential claims/substantive and procedural due process cases


complaint sections/litigation history on fact pattern/required sections/jurisdictional issuesand section


preliminary work on potential for equal protection claim based on cohabitation/research onrange of plural relationships in Utah and the country


Discussion of timing for filing/discussion of other potential parties


research on the history of Utah's polygamy laws/religious basis for polygamy as religious practice/state history of prosecution for fact section


Rough cut on potential complaint/counts/parties/Utah captioning and local rules


discussion of prior injuries and damages for the complaint


work on range of counts/equal protection/due process/free exercise/1983/free speech/reliefsection


Discussion of injuries with each of the Brown adults for possible inclusion in Complaint


edit on draft complaint/conferral with Joe Haupt on review/pro hac status questions



36/101

21

4/19/11 Conferral With Clients/Documentreview

JonathanTurley

2:00:00 $725.00/HR $1,450.00

Review of accounts of clients on injuries and conferral on injuries to them


free exercise claims and cases/past cases on generally worded statutes and selectiveenforcement


Review of Christine's injuries and damages


interview of team members/formation of litigation team for GWU


rough cut on counts and structure of complaint for circulation of skelton draft/initial factsection/Eric Sidler conferral on draft


Conferral with Eric Sidler on rough complaint draft/review of edits


Draft review of edits by Joe Haupt


Research on prior statements of prosecutors/public references to Browns/review of researchof Haupt on public comments/conferral on pro hac filing


conferral with Joe H. on pro hac requirements/forms/and local rules

5/5/11 Research review Jonathan Turley 1:15:00 $725.00/HR $906.25

Review of local research/pro hac forms by Joe Haupt

5/6/11 conferral/research Jonathan Turley 2:20:00 $725.00/HR $1,691.67

local counsel review of backgrounds/discussion with Joe Haupt on filing rules for outsidecounsel/review of Haupt edits on draft complaint


research on basis for free exercise count



37/101


38/101

23

6/2/11 Editing Jonathan Turley 1:30:00 $725.00/HR $1,087.50

Review of Geoff Turley's edit of complaint

6/13/11 Draft/Edit Jonathan Turley 2:50:00 $725.00/HR $2,054.17

Editing on fact section/injury references/client conferral (email) 6/25/11 Drafting/Editing Jonathan Turley 3:20:00 $725.00/HR $2,416.67

Preparation of final attorney client representational form/conferral with clients

7/1/11 Edit Jonathan Turley 1:00:00 $725.00/HR $725.00

Review of G. Turley's latest edits/incorporation into master complaint


arrangements for filing/travel/press release/team member participation

7/5/11 Editing and drafting Jonathan Turley 1:00:00 $725.00/HR $725.00

edit on jurisdictional statement/drafting of public statement/conferral


pro hac package/shipping issues/hotel arrangements/summons


edits and proofing on complaint


review of Defs Motion and Mem to dismiss on standing


research on cases on standing/sufficiency of affidavits/pre-indictment injury


meeting on schedule for opposition to mot to dismiss/team

9/22/11 Drafting/Editing/extension Jonathan Turley 2:45:00 $725.00/HR $1,993.75

Drafting of motion to extend/conferral/ to file response on standing 9/27/11 Administrative Jonathan Turley 1:00:00 $725.00/HR $725.00

Court order extension/staff meeting on schedule for research and filing

10/4/11 Research (Opp.Mot. Dismiss) Jonathan Turley 2:30:00 $725.00/HR $1,812.50

Division of sections on motion to dismiss/research on underlying cases



39/101

24


JonathanTurley

3:00:00 $725.00/HR $2,175.00

drafting on opposition/challenges in pre-indictment setting/necessary injuries/team conferralon sections/structure

10/15/11 Editing/drafting (opp. dismissstanding)

JonathanTurley

5:00:00 $725.00/HR $3,625.00

case research on standing issues/failure to fail answer conferral with team/work on filing


JonathanTurley

3:00:00 $725.00/HR $2,175.00

Review of draft of opposition/conferral with team/research on cases

10/17/11 Draft/Edit (Opp/Mot. Distress) Jonathan Turley 05:00:00 $725.00/HR $3,625.00

Edit of opposition/review of declarations/conferral with clients.

10/28/11 Document review (Order) Jonathan Turley 1:45:00 $725.00/HR $1,268.75

Initial research and conferral on order on whether U.S. should be joined.

10/31/11 Document review (Resp.Mot.Dismiss)

JonathanTurley

1:30:00 $725.00/HR $1,087.50

Review of Def.'s response on motion to dismiss

11/28/11 Conferral (injury/dismiss) Jonathan Turley 1:00:00 $725.00/HR $725.00

telephone meeting with Tenzer/discussion of industry standards/contracts


discussion with Tenzer of record on injury/drafting of declaration

12/1/11 Research (Mot. Dismiss) Jonathan Turley 2:30:00 $725.00/HR $1,812.50

research on standard contracts for reality shows/industry/ call with potential witnesses onindustry standards/projected profits


telephone call with Tenzer/redraft on declaration/email draft

12/1/11 Conferral (injury/dismiss) Jonathan Turley 1:50:00 $725.00/HR $1,329.17

telephone conversation with Janelle/review of prior contract issues/Maguire record

12/9/11 Document review (Response toShow Cause)

JonathanTurley

2:00:00 $725.00/HR $1,450.00

review of def's filing in response to show cause/conferral with team/assignments



40/101

25


drafting on Maguire declaration from notes/emails

12/10/11 Research (showcause/statehood)

JonathanTurley

2:15:00 $725.00/HR $1,631.25

research on statehood show cause issue/distinction recognition and criminalization

12/10/11 Conferral (expert/injury/dismiss) Jonathan Turley 1:00:00 $725.00/HR $725.00

conversation with Maguire on past contractual issues/losses


David Tenzer telephone calls on costs/injuries/declaration

12/11/11 conferral (response to Mot.Dismiss)

JonathanTurley

1:15:00 $725.00/HR $906.25

conversation by telephone with Michael Maguire on declaration/record for filing on injury

12/12/11 Drafting (Showcause/statehood)

JonathanTurley

3:00:00 $725.00/HR $2,175.00

drafting and editing of response to show cause order on the statehood issue/conferral withteam/proofing

12/13/11 Editing (show cause) Jonathan Turley 4:00:00 $725.00/HR $2,900.00

editing of tenzer and maguire decarations/prep for filing in response to show cause

12/13/11 Drafting/Editing (Resp. ShowCause)

JonathanTurley

2:45:00 $725.00/HR $1,993.75

Edits on filing for show cause/conferral with Brown family on injury/filing


Shipping material/conferral with team on upcoming hearing/logistics for SLC trip

12/14/11 Hearing prep Jonathan Turley 4:45:00 $725.00/HR $3,443.75

creation of trial outline/argument notebook/record

12/15/11 Preparation for hearing Jonathan Turley 3:00:00 $725.00/HR $2,175.00 preparation for hearing on motion to dismiss/practice of argument/reduction ofcases/conferral with team

12/16/11 Preparation for hearing Jonathan Turley 4:00:00 $725.00/HR $2,900.00

preparation for hearing/arguments/meet with local counsel



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Conferral with clients and local counsel after hearing.

12/16/11 Hearing Jonathan Turley 1:00:00 $725.00/HR $725.00

12/16/11 Draft/Edit (Supp. Material) Jonathan Turley 2:15:00 $725.00/HR $1,631.25Conferral with time on supplemental filing on articles and receipts/drafting supplementfiling/edit/conferral with Gina on filing

12/16/11 Drafting/Research (Motion toDismiss)

JonathanTurley

2:30:00 $725.00/HR $1,812.50

Supplemental authority as follow up to hearing/conferral with team

12/19/11 Document review(Declarations)

JonathanTurley

3:15:00 $725.00/HR $2,356.25

Review of declarations on standing from Herbert/Shurtleff -- conferral with team/research on prior declarations on standing in past cases for sufficiency

12/20/11 Research (standing) Jonathan Turley 2:45:00 $725.00/HR $1,993.75

review of declarations in prior cases/review of Utah prosecutorial decisionmaking for local prosecutor and AG/meeting with team

12/21/11 Research/declarations/standing Jonathan Turley 2:30:00 $725.00/HR $1,812.50

research on impact of affidavits on 1983 count/immunity issues/waiver issues

1/11/12 Research (Motion to Dismiss) Jonathan Turley 2:45:00 $750.00/HR $2,062.50

New ruling in Awad v. Ziriax and other potential new authority

1/11/12 Draft/Edit (Supp. NewAuthority)

JonathanTurley

2:30:00 $750.00/HR $1,875.00

new authority filing on Awad/edit with team

2/3/12 Document review (Opinion) Jonathan Turley 2:00:00 $750.00/HR $1,500.00

review of memorandum and order on motion to dismiss

2/3/12 Conferral clients Jonathan Turley 1:15:00 $750.00/HR $937.50

conferral with clients on decision and expected progress of case

2/4/12 Research (Order/Motion ToDismiss)

JonathanTurley

3:00:00 $750.00/HR $2,250.00

research on challenging granting of dismissal of AG and Governor/implications for 1983 andother claims to proceed with only local prosecutor



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2/17/12 Document review (answer) Jonathan Turley 1:00:00 $750.00/HR $750.00

Initial review of answer

2/21/12 AdministrativeA Jonathan Turley 0:45:00 $750.00/HR $562.50

ADR and Court notice 3/08/12 Research on federal entry Jonathan Turley 2:30:00 $750.00/HR $1,875.00

research on interest of federal government into case/possible motions and interests/conferral(30 m) with team

5/3/12 Conferral With Counsel Jonathan Turley 0:30:00 $750.00/HR $375.00

conferral with opposing counsel on joint motion for scheduling etc

5/4/12 Drafting (scheduling) Jonathan Turley 2:00:00 $750.00/HR $1,500.00

conferral with local counsel/drafting of filing on scheduling 5/10/12 Administrative Jonathan Turley 0:45:00 $750.00/HR $562.50

scheduling for filings/order/meeting team


JonathanTurley

4:15:00 $750.00/HR $3,187.50

fact section/free speech sections/case research


JonathanTurley

4:00:00 $750.00/HR $3,000.00

religion cases and sections/free exercise and entanglement cases/ current court docket


JonathanTurley

4:00:00 $750.00/HR $3,000.00

waiver issues on facts/due process research for section on summary judgment


JonathanTurley

5:00:00 $750.00/HR $3,750.00

research on State v. Holm, Reynolds and progeny/standard section/fundmental libertyrulings/deference to state interpretation rulings


JonathanTurley

3:50:00 $750.00/HR $2,875.00

lawrence research and arguments/ Seegmiller holding and argument



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JonathanTurley

3:00:00 $750.00/HR $2,250.00

rational basis arguments on summ.jud.

cases and standard 5/23/12 Drafting/Editing

(summ.judg.Motion)JonathanTurley

4:00:00 $750.00/HR $3,000.00

void for vagueness cases and arguments/Morales arguments


JonathanTurley

3:45:00 $750.00/HR $2,812.50

Heightened scrutiny standard/Carolene Prods/Rodriguez/morality as rational basis argument

5/25/12 Research/draft review (summary

jud)

Jonathan

Turley

6:45:00 $750.00/HR $5,062.50

free speech issues/Hurley et al/section analysis/meeting on section/free associationarguments


JonathanTurley

3:50:00 $750.00/HR $2,875.00

Equal protection material/religion clause arguments/conferral with team


JonathanTurley

4:00:00 $750.00/HR $3,000.00

establishment section/editing on team material/equal protection draft 5/28/12 Drafting/Editing

(summ.judg.Motion)JonathanTurley

5:15:00 $750.00/HR $3,937.50

substantive due process material from team/incorporation of material into master/first cutsfor space


JonathanTurley

5:30:00 $750.00/HR $4,125.00

General edits/conferral with team


JonathanTurley

6:00:00 $750.00/HR $4,500.00

edits on filing/cut downs/basis for extension under rules/prep motion to extend



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5/31/12 Client Conferral (SummaryJudgment)

JonathanTurley

1:00:00 $750.00/HR $750.00

Client review and conferral on draft of summary judgment motion/telephone with Kody etal/email


JonathanTurley

5:50:00 $750.00/HR $4,375.00

final edits/draft motion to extend pages/meeting with team on finalization/filing

6/1/12 Document review (mootness) Jonathan Turley 3:00:00 $750.00/HR $2,250.00

mootness filing/mootness case review

6/3/12 Research (mootness) Jonathan Turley 3:30:00 $750.00/HR $2,625.00

case research on mootness/sufficiency of declaration/judicial standard/post-filingdeterminations

6/6/12 research/mootness Jonathan Turley 4:00:00 $750.00/HR $3,000.00

research on mootness/10th circuit approach


transcript costs/conferral Browns


opp to mootness/exceptions cases/section draft

6/26/12 Drafting/research Jonathan Turley 4:00:00 $750.00/HR $3,000.00Mootness opposition research and drafting


Mootness filing and strike filing/research and edits


Def.'s Motion and Mem. for Summary judgment/supporting case


mem. opp. mootness

6/29/12 Drafting/Strike Jonathan Turley 3:00:00 $750.00/HR $2,250.00

Drafting and research on motion to strike



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6/30/12 research/cross motion Jonathan Turley 4:00:00 $750.00/HR $3,000.00

research on cited authority for cross motion/waiver of issues on merits from plaintiffsmotion/cases on record for summary on fact questions

7/1/12 research/drafting (cross) Jonathan Turley 3:45:00 $400.00/HR $1,500.00

outline issues and cases for cross opp./ Holm implications and rebuttal/failure to contestfactual assertions cases


Mootness filing/edits

7/2/12 drafting/filing Jonathan Turley 2:45:00 $750.00/HR $2,062.50

final reads, editing and ecf with Gina on memo in opp to stay

7/3/12 Administrative/hearing conferral Jonathan Turley 1:00:00 $750.00/HR $750.00

court schedule/conferral on dates/implication of order on response

7/17/12 drafting/affidavit Jonathan Turley 3:00:00 $750.00/HR $2,250.00

Kody Brown affidavit

7/18/12 Drafting Jonathan Turley 1:00:00 $750.00/HR $750.00

edits with team/Kody affidavit

7/22/12 Drafting/notice Jonathan Turley 1:30:00 $750.00/HR $1,125.00

notice for affidavit 7/23/12 Filing/Affidavit Jonathan Turley 0:30:00 $750.00/HR $375.00

Kody affidavit/with Gina ecf

7/24/12 review/prep hearing Jonathan Turley 4:00:00 $750.00/HR $3,000.00

file review/hearing prep

7/25/12 Pre-Hearing (Mootness) conferral Jonathan Turley 1:00:00 $750.00/HR $750.00

Conferral with Adam Alba/legal library

7/25/12 Conferral (Mootness) Jonathan Turley 2:15:00 $750.00/HR $1,687.50

conferral with Adam Alba after hearing/ briefing Brown family on the hearing and futureschedule and issues

7/25/12 Hearing (Mootness) Jonathan Turley 1:30:00 $750.00/HR $1,125.00

Hearing on mootness in Salt Lake City



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Motion dismiss ruling

8/18/12 Conferral/clients Jonathan Turley 1:20:00 $750.00/HR $1,000.00

discussion of opinion of the court and going forward with Browns 8/20/12 Scheduling/Administrative Jonathan Turley 0:45:00 $750.00/HR $562.50

January hearing scheduling/team conference call


reply on summary judgment/research/drafting


Reply mem on summ. j.

8/25/12 Drafting/edits Jonathan Turley 4:00:00 $750.00/HR $3,000.00

reply mem. summ. j.


reply mem. summ. j.

8/30/12 editing/reply filing Jonathan Turley 2:30:00 $750.00/HR $1,875.00

editing of reply mem.for filing

9/26/12 Conferral with opposingcounsel/team

JonathanTurley

0:30:00 $750.00/HR $375.00

conferral on request for extension with opposing counsel and our team


Def.'s reply to response to motion. Conferral with team

1/15/13 Conferral with court/team Jonathan Turley 0:45:00 $800.00/HR $600.00

Communication from Jeff Taylor at court/scheduling change/conferral with team/Jenson


Hearing in SLC

1/17/13 Pre-Hearing Prep (SummaryJudgment)

JonathanTurley

5:00:00 $800.00/HR $4,000.00

prep for hearing on summary judgment/final hearing note print/practice arguments



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1/17/13 Pre-hearing conferral Jonathan Turley 1:00:00 $800.00/HR $800.00

Meeting with Adam Alba in legal library to go over hearing arguments/issues

1/17/13 Post-Hearing (Summ. Judgment)conferral

JonathanTurley

2:45:00 $800.00/HR $2,200.00

One hour meeting with Alan Alba on hearing and future moves/breifing with Brown familyon the status and future issues/conferral with DC team on same subjects


cost billing/conferral with Browns


research and drafting of new authority notice


notice filing on new authority

3/26/13 Drafting/filing Jonathan Turley 1:00:00 $800.00/HR $800.00

notice/filing


cross opinions on summary judgment

12/17/13 Client briefing on opinion Jonathan Turley 1:45:00 $800.00/HR $1,400.00

explanation of the opinion to Browns and process going forward/telephonic meeting/Q&Afrom family

12/18/13 research/amended order/appealissues

JonathanTurley

1:45:00 $800.00/HR $1,400.00

appeal and impact of undecided count/conferral on 1983 issue remaining with team


with local counsel and dc team on vacating of order/probable 1983 issues/conferral withBrowns

12/20/13 Document review Jonathan Turley 0:20:00 $800.00/HR $266.67amended order


with Browns on amended order/meaning for schedule



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Scheduling arrangements for hearing in S/L for 1983

1/2/14 Scheduling/Admn Jonathan Turley 0:15:00 $825.00/HR $206.25

new hearing date 1/6/14 Conferral with clients Jonathan Turley 1:00:00 $825.00/HR $825.00

one upcoming hearing/schedule and possible outcomes - telephonic

1/15/14 Review of prior orders Jonathan Turley 1:00:00 $825.00/HR $825.00

prep for hearing/review of dismissal of earlier parties and order

1/16/14 research/1983 Jonathan Turley 2:15:00 $825.00/HR $1,856.25

Research on Fed. Rule Pro. 54/Curtiss-Wright/Phelps on fee issues/review memo from team

1/17/14 Pre-hearing (1983) conferral Jonathan Turley 1:00:00 $825.00/HR $825.00

Meeting with Adam Alba in legal library to go over possible issues on 1983 and final order


hearing/post discussion with Adam Alba

1/17/14 Pre-hearing prep (1983) Jonathan Turley 3:20:00 $825.00/HR $2,750.00

prep on 1983 issues/conferral with DC team/final print on notes

1/17/14 Conferral (1983) Jonathan Turley 2:50:00 $825.00/HR $2,337.50

One hour meeting with Alba on hearing/briefing of Brown on issue of damages and finalcount/outstanding issues

1/19/14 Conferral on newresearch/assignments

JonathanTurley

0:45:00 $825.00/HR $618.75

1/20/14 drafting 1983 JonathanTurley

3:40:00 $825.00/HR $3,025.00

filing

1/22/14 drafting Jonathan Turley 2:00:00 $825.00/HR $1,650.00

1983 filing

1/22/14 Research/drafting Jonathan Turley 1:45:00 $825.00/HR $1,443.75

research on the requirements for claiming damages under 1983 for upcoming filing



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1/23/14 Conferral/administrative Jonathan Turley 1:00:00 $825.00/HR $825.00

Conferral on 1983 research and team assignments

1/23/14 Drafting/1983 Jonathan Turley 2:00:00 $825.00/HR $1,650.00

filing 1/23/14 research 1983 Jonathan Turley 02:00:00 $825.00/HR $1,650.00

review of cases on fee demands and 1983 claims

1/24/14 drafting/1983 Jonathan Turley 3:20:00 $825.00/HR $2,750.00

filing


New authority in 7th circuit. Review of qualified immunity. Search other new authority for

possible supplement 1/25/14 research Jonathan Turley 1:30:00 $825.00/HR $1,237.50

review of research on qualified immunity for response to Court's Jan. 17th order

1/26/14 Drafting/1983 count Jonathan Turley 06:30:00 $825.00/HR $5,362.50

1983 filing/editing


Followup with Utah AG's office on agreement

1/27/14 Drafting/conferral Jonathan Turley 2:00:00 $825.00/HR $1,650.00

finish drafting on filing

1/29/14 Drafting/Supplemental Jonathan Turley 1:45:00 $825.00/HR $1,443.75

notice on new authority in Seventh Circuit

1/30/14 filing Jonathan Turley 0:40:00 $825.00/HR $550.00

final review/ecf filing with Gina/new authority


w. opposing counsel Jensen

2/10/14 Scheduling/Ext Jonathan Turley 0:30:00 $825.00/HR $412.50

Conferral with opposing counsel Jensen/schedule



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filing review from defendant's response filed today

2/15/14 Research (Response Motion toDismiss)

JonathanTurley

2:45:00 $825.00/HR $2,268.75

Authority review from Def's Response

2/18/14 Document review (answer) Jonathan Turley 3:00:00 $825.00/HR $2,475.00

comparison complaint/answer/meeting with staff/conferral with adam alba


email briefing on schedule issues etc


Discussion of status of case/Reyes decision on appeal etc. 7/17/14 Conferral/Client Jonathan Turley 1:30:00 $825.00/HR $1,237.50

telephonic meeting with Kody on affidavit


Review of 1983 decision/explanation and telephonic meeting with Browns on status


Filing on fees/record/cases


fees cases/standard for motion on fees


drafting of motion/affidavit on fees for filing

9/10/14 filing Jonathan Turley 2:00:00 $825.00/HR $1,650.00

last edits and filing/editing

Hourly Fees Total 490:05:00 $367,283.37

Balance: $367,283.37


8/11/2019 Sister Wives attorneys fees requ

Sister Wives attorneys fees request

Documents

Transcript of Sister Wives attorneys fees request