IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
STATE OF TEXAS,
Plaintiff,
v.
ERIC H. HOLDER, JR. in his
Official capacity as Attorney General
Of the United States,
Defendants,
ERIC KENNIE, et al.,
Defendants-Intervenors.
___________________________________
__
§
§
§
§
§
§
§
§
§
§
§
§
§
§
§
§
Case No. 1:12-cv-00128
RMC-DST-RLW
KENNIE DEFENDANT-INTERVENORS’ MOTION
FOR ATTORNEYS’ FEES, EXPENSES AND COSTS
WITH SUPPORTING POINTS AND AUTHORITIES
Pursuant to 28 U.S.C. § 1920, 42 U.S.C. § 1973l(e), 42 U.S.C. § 1988. Fed. R. Civ. P.
54(d), and this Court’s Local Rule, LCvR 54.2(a), Defendant-Intervenors Eric Kennie, et al.,1
(hereafter “Kennie Intervenors”) respectfully move this Court for an order granting attorneys’
fees, expenses, and costs to them, as prevailing parties in this Voting Rights Act case and their
successful defense in opposition to the Texas photo ID bill, SB 14, enacted by the Texas
Legislature in 2011. Pursuant to LCvR 7(m), counsel for the Kennie Intervenors contacted
counsel for the Plaintiff State of Texas and was advised that Plaintiff opposes this motion.
1 The movants include Defendant-Intervenors Eric Kennie, Anna Burns, Michael Montez, Penny
Pope, Marc Veasey, Jane Hamilton, David de la Fuente, Lorraine Birabil, Daniel Clayton, and
Sergio DeLeon.
Case 1:12-cv-00128-RMC-DST-RLW Document 383 Filed 09/10/13 Page 1 of 29
2
The provision in the Voting Rights Act (42 U.S.C. § 1973l(e)) that is most relevant to this
fee requests states: “In any action or proceeding to enforce the voting guarantees of the
fourteenth or fifteenth amendment, the court, in its discretion, may allow the prevailing party,
other than the United States, a reasonable attorney’s fee, reasonable expert fees, and other
reasonable litigation expenses as part of the costs.”
The Kennie Intervenors intervened in this action to protect and enforce their voting rights
under the Fourteenth and Fifteenth Amendments to the United States Constitution. The
legislative history of section 1973l(e) makes clear that in suits under Section 5 of the Voting
Rights Act, “the parties seeking to enforce such rights may be the defendants and/or defendant-
intervenors.” S. Rep. No. 94-295, at 40 n.42 (1975); see also Donnell v. United States, 682 F.2d
240 (D.C. Cir. 1982) (noting that Defendant Intervenors are entitled to attorney’s fees in Section
5 preclearance cases such as this when intervenors “proposed different theories and arguments
for the court’s consideration and . . . the work performed was of important value to the court”).
This motion may be decided by either a single judge of this Court or the entire three-
judge court.2 Based on this motion, the attached supporting materials, and the record in this case,
the Kennie Intervenors seek a total sum of $353,150.97 in attorneys’ fees, expenses and costs.
BACKGROUND, FACTS AND PROCEDURAL HISTORY
On January 24, 2012, the State of Texas filed a complaint for declaratory judgment that
SB 14, the Texas photo ID bill, complied with Section 5 of the Voting Rights Act, 42 U.S.C.
§ 1973c. One week later, on February 1, 2012, the Kennie Intervenors were the first parties to
2 In either event, any appeal from an order awarding or denying attorneys’ fees would lie to the
U.S. Court of Appeals for the D.C. Circuit. See, e.g., Castro Cnty., Tex. v. Crespin, 101 F.3d
121, 124-26 (D.C. Cir. 1996); Watkins v. Fordice, 7 F.3d 453, 455 n.2 (5th Cir. 1993); see also
Comm’rs Court of Medina Cnty., Tex. v. United States, 683 F.2d 435 (D.C. Cir. 1982).
Case 1:12-cv-00128-RMC-DST-RLW Document 383 Filed 09/10/13 Page 2 of 29
3
seek intervention, opposing Section 5 preclearance of SB 14.3 The Kennie Intervenors
contended that SB 14 was not entitled to Section 5 preclearance because it was adopted with a
racially discriminatory intent and would have a racially discriminatory effect. This Court
granted the Kennie Intervenors’ Motion to Intervene on March 15, 2012.
After various other groups sought and were granted intervention, this Court on April 13,
2012, issued an order which stated in part:
All intervenors shall identify a single attorney to examine a deponent at any
deposition. The questioning at trial will likewise be limited. Furthermore, the
intervenors shall appoint a single attorney to be the administrative contact point
with the Court and all briefing done by the intervenors shall be consolidated. The
intervenors are cautioned to avoid duplication of efforts. Should preclearance be
denied, the Court will not grant fee requests for duplicative work.
Minute Order April 13, 2012.
1. THE ROLE OF KENNIE INTERVENORS’ COUNSEL IN THIS CASE
Pursuant to this Order, counsel for the Kennie Intervenors, Mr. Hebert, served as co-
administrative counsel with counsel for the Defendant-Intervenors Mexican American
Legislative Caucus (MALC), et al., Mr. Ezra Rosenberg, throughout this case. As detailed
below and in the attached Declarations and time sheets, the Kennie Intervenors adhered to the
Court’s admonition to avoid duplication of efforts.
During discovery, a number of disputes arose, ranging from discovery of databases
maintained by the State of Texas, and various motions for protective orders and to compel
discovery relating to databases. In addition, there were discovery disputes involving assertions
of legislative privilege by the State of Texas. These disputes often required telephonic
conference calls with the Court and, in many instances, orders by the three-judge court were
3 Other parties were subsequently granted intervention by this Court and opposed preclearance of
SB 14.
Case 1:12-cv-00128-RMC-DST-RLW Document 383 Filed 09/10/13 Page 3 of 29
4
necessary to resolve them. The Kennie Intervenors’ counsel participated in all those telephonic
conference calls. The State also filed motions in limine to exclude expert testimony of various
experts, including an expert witness designated by the Kennie Intervenors, Dr. Allan Lichtman.
See ECF Docs. 194, 225 and 251. The Kennie Intervenors successfully defeated the State’s
motion in limine.4
Trial was held over a one-week period from July 9-13, 2012, with three and a half hours
of closing arguments on July 13, 2012. During the trial, the Court heard testimony from twenty
witnesses, including several witnesses sponsored by the Kennie Intervenors: Texas State
Senators Wendy Davis and Rodney Ellis; election lawyer and expert Buck Wood; and expert
witness Dr. Allan Lichtman. In addition, “[t]he parties . . . presented thousands of pages of
deposition testimony, expert reports, scholarly articles, and other paper evidence.” ECF No. 340,
at 12-13. At trial, counsel for the Kennie Intervenors also performed the cross-examination of
Keith Ingram, Secretary of State for the State of Texas. Counsel for the Kennie Intervenors also
was one of two Intervenors to participate in the closing arguments.
This Court issued its unanimous decision on August 30, 2012, denying preclearance to
SB 14. The voluminous trial record in this case includes evidence taken in open court, exhibits,
expert reports, and post-trial briefing. The Kennie Intervenors were actively involved throughout
this entire case, including the discovery proceedings (including resolution of discovery disputes
in telephonic conferences with the Court), the conduct of the trial, closing arguments, and post-
trial briefing. This active role is not surprising, especially given that counsel for the Kennie
Intervenors served as co-administrator for the Defendant-Intervenor parties. That role required
Mr. Hebert to communicate regularly with Mr. Rosenberg, the co-administrative counsel, to
4 By order entered July 3, 2012, this Court denied the motion in limine to exclude Dr. Lichtman’s
testimony.
Case 1:12-cv-00128-RMC-DST-RLW Document 383 Filed 09/10/13 Page 4 of 29
5
manage the litigation for Intervenors and avoid duplication of tasks. As the Court will note in
Mr. Hebert’s Declaration (Exhibit A) and his attached timesheets (Exhibit B), Mr. Hebert spent
many, many hours communicating with Mr. Rosenberg and other Intervenors’ counsel,
managing and coordinating the litigation on behalf of all Defendant Intervenors. Mr. Hebert has
not sought compensation for any of those hours in this fee motion. See Exhibit B.
Also, because the Kennie Intervenors were also represented by Chad W. Dunn from
Brazil & Dunn in Houston, Texas, the Kennie Intervenors attended many of the depositions in
Texas (and did not incur the time and expense of D.C.-based counsel, Mr. Hebert, travelling to
Texas to attend depositions). Mr. Dunn represented several witnesses for deposition including
Eric Kennie, Marc Veasey, Senator Wendy Davis, Senator Rodney Ellis and Anna Burns. Mr.
Dunn and his law partner, Mr. Brazil, also participated in and defended depositions too
numerous to list. In fact, the Kennie Intervenors attended, on behalf of all intervenors, as many
or more depositions than any of the other Defendant Intervenors.
In sum, the Kennie Intervenors played a significant and important role in achieving the
judgment that this Court entered. As we explain in detail below, this Court relied on testimony
offered at trial by the Kennie Intervenors in denying preclearance to SB 14.
2. THE EVIDENCE OFFERED BY THE KENNIE INTERVENORS AT TRIAL
AND THIS COURT’S AUGUST 30, 2012 DECISION DENYING
PRECLEARANCE
The Kennie Intervenors called four witnesses at trial and each provided important and
unique evidence about the adoption of SB 14. Senator Wendy Davis, for example, testified
among other things about amendments to SB 14 that she had offered in the 2011 legislative
session which would have reduced some of the harmful effects of SB 14 and provided some
relief for indigent persons. Sen. Davis’s testimony on this point was as follows:
Case 1:12-cv-00128-RMC-DST-RLW Document 383 Filed 09/10/13 Page 5 of 29
6
Q. In the first category of amendments that you discussed
indigency, why were you concerned about indigent impact for the
bill?
A. Well, we had had some testimony in both sessions from experts
who had looked at the overall impact of voter ID laws. The
concern that as much as 10 to 11 percent of persons who currently
legally were exercising their right to vote would be impacted by
such a bill because of their inability to get a new ID.
Q. And in your district in your state have you looked into the types
of folks that predominantly make up the indigent citizen rate?
A. Yes.
Q. What did you, what have you discovered?
A. Well, what is the case in the State of Texas as I suppose it is
elsewhere is that our indigent population is primarily made up of
persons who are minority.
Trial Tr. 7/12/2012 (AM) 29:20-22.
Senator Davis’s testimony about the various amendments she had offered to alleviate the
burdens that SB 14 would impose on the poor was reflected in this Court’s decision on the merits.
As this Court observed in its August 30, 2012 opinion denying preclearance to the photo ID bill:
Finally, during closing arguments, Texas’s counsel complained that they had been
shouldered with an ‘impossible burden’ in this litigation. Trial Tr. 7/13/2012
27:14. This may well be correct, but Texas’s lawyers have only their client to
blame. The State of Texas enacted a voter ID law that—at least to our
knowledge—is the most stringent in the country. That law will almost certainly
have retrogressive effect: it imposes strict, unforgiving burdens on the poor, and
racial minorities in Texas are disproportionately likely to live in poverty. And
crucially, the Texas legislature defeated several amendments that could have
made this a far closer case. Ignoring warnings that SB 14, as written, would
disenfranchise minorities and the poor, see, e.g., JA 1300-03; 1329, the legislature
tabled or defeated amendments that would have:
waived all fees for indigent persons who needed the underlying documents to
obtain an EIC, Trial Tr. 7/12/2012 (AM) 30:17-31:7, 33:23-24;
reimbursed impoverished Texans for EIC-related travel costs, JA 2139-42;
expanded the range of identifications acceptable under SB 14 by allowing
voters to present student or Medicare ID cards at the polls, Trial Tr. 7/12/2012
(AM) 34:21-24; JA 1246-47;
Case 1:12-cv-00128-RMC-DST-RLW Document 383 Filed 09/10/13 Page 6 of 29
7
required DPS offices to remain open in the evening and on weekends, JA
1337; and
allowed indigent persons to cast provisional ballots without photo ID. Trial
Tr. 7/12/2012 (AM) 35:3-37:1.
Put another way, if counsel faced an “impossible burden,” it was because of the
law Texas enacted—nothing more, nothing less.
ECF No. 340 (Opinion, Texas v. Holder, Civil Action No. 12-cv-128) at 55-56.
Senator Wendy Davis also offered testimony about how the so-called “free ID” in Texas5
was not really free at all; that in order to get a “free ID” under SB 14, a person had to produce
underlying documents, such as a birth certificate, that cost money. Trial Tr. 7/12/2012 (AM) 31-
34. She explained how she offered an amendment to alleviate this burden on would-be voters,
but it was rejected. Id. at 32:1-5, 34:23-24.
This testimony by Senator Davis about the cost of the so-called “free ID” is also reflected
in this Court’s decision denying preclearance to SB 14. For example, this Court observed that
“[a]lthough SB 14 prohibits DPS from ‘collect[ing] a fee for an [EIC],’ id. § 521A.001(b), EICs
will not be costless. Not only will prospective voters have to expend time and resources traveling
to a DPS office, but once there they will have to verify their identity by providing ‘satisfactory’
documentation to DPS officials.” ECF No. 340, at 3. The Court’s decision later observed: “In
order to obtain an EIC, would-be voters will need to present one of several underlying
documents, and as Texas concedes, the least expensive option for most prospective voters who
lack supporting identification will be a certified copy of their birth certificate—which costs at
least $22.” Id. at 46.
In reaching its decision denying preclearance, this Court also cited the trial testimony of
Senator Rodney Ellis. The Court noted that “State Senator Rodney Ellis testified that in his
5 The so-called “free ID” is referred to in SB 14 as an “election identification certificate” or EIC.
Case 1:12-cv-00128-RMC-DST-RLW Document 383 Filed 09/10/13 Page 7 of 29
8
‘inner city district’ in Houston, DPS offices are not ‘easily accessible by public transportation.’
Trial Tr. 7/11/2012 (PM) 34:8-12.” ECF No. 340, at 49. This Court then concluded: “If DPS
offices are inaccessible by public transportation in Houston, Texas’s largest city, we seriously
doubt their accessibility in rural areas—which, presumably, are less likely to have public
transportation infrastructure. Unfortunately, we are left to wonder. Texas, which bears the
burden of proof, submitted absolutely nothing to counter this testimony or to show whether its
DPS offices are reachable via public transportation.” Ibid.
The Kennie Intervenors also presented the testimony at trial of an expert witness, Dr.
Allan Lichtman. See Trial Tr. 07/12/2012 (AM) 40-81. Dr. Lichtman’s testimony responded to
claims by State of Texas experts (Dr. Thomas Sager and Dr. Daron R. Shaw) that the proposed
Texas voter identification law (SB 14) did not have a disparate impact on the opportunities for
minorities to vote in Texas elections.6 Dr. Lichtman testified that there were serious flaws in Dr.
Sager’s analysis, including his effort to match registration lists with driver’s license records. In
particular, Dr. Lichtman testified that Dr. Sager erroneously excluded more than one million
unmatched registrants from his analysis. Moreover, both Dr. Sager’s initial analysis and his
corrected analysis, according to Dr. Lichtman’s testimony, showed racial disparities in the list of
unmatched voters, indicating that, if implemented, SB 14 would have a retrogressive effect on
minority voter opportunities. Dr. Lichtman’s testimony also showed that Dr. Shaw’s surveys
failed to meet elementary reliability or reality checks that were crucial for surveys with only
about a two percent response rate, far lower than the standard in the field. The failure to meet
these reality checks showed that no reliable conclusions could be drawn from Dr. Sager’s study.
Trial Tr. 07/11/2012 (AM) 55-57.
6 Dr. Lichtman examined the reports of both experts and listened to their testimony in Court. He
also read the report and listened to the testimony of plaintiffs’ expert Dr. Stephen Ansolabehere.
Case 1:12-cv-00128-RMC-DST-RLW Document 383 Filed 09/10/13 Page 8 of 29
9
Dr. Lichtman also challenged the claim of the State of Texas’s other expert, Dr. Shaw,
that social science studies fail to show turnout effects and in particular a disproportionate effect
on minorities from voter identification laws. Dr. Lichtman cited a study by Alvarez, Bailey, and
Katz noting that such laws disproportionately reduce turnout among those of lower socio-
economic standing and “given nationwide and particularly in Texas, a very high correlation
between being minority and having low socioeconomic standing regardless of the causal
relationship, the effect would be to have a disproportionate impact on the turnout of minorities.”
The State of Texas declined to cross-examine Dr. Lichtman.
Dr. Lichtman’s testimony was significantly reflected in the opinion of this Court denying
preclearance. As Dr. Lichtman testified, the Court found that the State of Texas had failed to
meet its burden of showing that SB 14 did not have a discriminatory effect on the ability of
minorities to cast ballots in Texas. Consistent with Dr. Lichtman’s testimony, the Court also
found that SB 14 “will likely have retrogressive effects.” ECF No. 340 (Opinion, Texas v.
Holder, Civil Action No. 12-cv-128) at 1. Specifically in accord with Dr. Lichtman’s testimony,
the Court rejected the State’s claims that social science studies had found that voter ID laws had
no negative impact on voter turnout. Id. at 24-25. The Court’s decision was also consistent with
Dr. Lichtman’s testimony that analyses performed by Texas’s experts failed to provide reliable
results and conclusions regarding the impact of SB 14 on minority voter opportunities. Id. at 29-
32, 37-42. Further, the Court’s opinion also reflected Dr. Lichtman’s testimony about the effects
of voter ID laws on those of lower socio-economic standing and the correlation between race and
socio-economic status. Id. at 45-50.
Case 1:12-cv-00128-RMC-DST-RLW Document 383 Filed 09/10/13 Page 9 of 29
10
The Kennie Intervenors also presented testimony from their state election law expert,
Randall Buck Wood, who provided critical and un-rebutted testimony that the type of in-person
voting fraud that SB 14 was claimed to prevent is rare or non-existent in Texas.
As we detail below, the Kennie Intervenors were prevailing parties in this case. They
obtained a valid judgment from this Court that provided them with substantial benefits (e.g., the
voter ID did not go into effect in the 2012 election cycle). See infra pp. 11-15. As we also
explain below, that this Court’s judgment was vacated (not reversed) by the Supreme Court does
not preclude an award of attorneys’ fees and expenses. Accordingly, the Kennie Intervenors now
seek attorneys’ fees, expenses, and costs for their success in this action.
ARGUMENT
The enforcement of federal civil rights laws depends upon “private litigation as a means
of securing compliance with the law.” Newman v. Piggie Park Enters., Inc., 390 U.S. 400, 401-
02 (1968). The availability of fee awards for prevailing parties is critical if private parties are to
undertake litigation to vindicate the civil rights laws. See id.
The purpose of providing for an award of such fees and expenses to prevailing parties is
to encourage “‘private attorneys general [to] take it upon themselves to invoke and thereby
invigorate federal constitutional and statutory rights . . . and . . . to insure that those who violate
the Nation’s fundamental laws do not proceed with impunity.’” King v. Illinois State Bd. of
Elections, 410 F.3d 404, 412 (7th Cir. 2005) (quoting Charles v. Daley, 846 F.2d 1057, 1063
(7th Cir. 1988)).
“In any action or proceeding to enforce the voting guarantees of the fourteenth or
fifteenth amendment, the court, in its discretion, may allow the prevailing party, other than the
United States, a reasonable attorney’s fee, reasonable expert fees, and other reasonable litigation
Case 1:12-cv-00128-RMC-DST-RLW Document 383 Filed 09/10/13 Page 10 of 29
11
expenses as part of the costs.” 42 U.S.C. § 1973l(e). Here, the Kennie Intervenors sought to
enforce and protect their Fourteenth and Fifteenth Amendment rights by opposing the photo ID
bill that was discriminatory and would have harmed their right to vote.
Ordinarily, in Section 5 declaratory judgment cases such as this one, “attorneys’ fees are
to be awarded to a prevailing party,” and should only be denied when the court “find[s] that
special circumstances exist that would render such an award unjust.” Comm’rs Court of Medina
Cnty., Texas v. United States, 683 F.2d 435, 438 n.2 (D.C. Cir. 1982) (citing S. Rep. No. 94-295,
at 40 (1975)); see also Newman v. Piggie Park Enterps., 390 U.S. 400 (1968) (noting that “the
prevailing party should ordinarily recover an attorney’s fee unless special circumstances would
render such an award unjust”). This is because “Congress depends heavily upon private citizens
to enforce the fundamental rights involved. The awards are a necessary means of enabling
private citizens to vindicate these Federal rights.” S. Rep. No. 94-295, at 40 (1975).
Defendant Intervenors should be awarded attorney’s fees as there are no extraordinary
circumstances in the instant case that merit their denial. Indeed, to the contrary, the Kennie
Intervenors received significant benefits as a result of this Court’s judgment in their favor and
thus are prevailing parties entitling them to an award of attorneys’ fees and expenses.
I. THE KENNIE INTERVENORS ARE PREVAILING PARTIES ENTITLED TO
THE REQUESTED ATTORNEYS’ FEES, EXPENSES AND COSTS.
A. The Kennie Intervenors Are Prevailing Parties.
There is no question that the Kennie Intervenors are prevailing parties. They secured a
judgment that they had sought in this action: a denial of preclearance to SB 14. That
preclearance denial not only had a beneficial effect on the Kennie Intervenors, it also changed
the legal relationship between the Kennie Intervenors and the State of Texas.
Case 1:12-cv-00128-RMC-DST-RLW Document 383 Filed 09/10/13 Page 11 of 29
12
The judgment entered by this Court denying preclearance to SB 14 provided a substantial
benefit to the Kennie Intervenors. Having failed to obtain preclearance, the State of Texas was
unable to impose the photo ID requirement on them and other Texas voters in the 2012 elections.
If imposed in 2012, the photo ID law would have resulted in some of the Kennie
Intervenors being denied the right to vote. For example, as Intervenor Kennie explained in his
deposition testimony,7 he lacks a valid photo ID that would permit him to cast a ballot under SB
14. Kennie, who is indigent, cannot obtain a photo ID from any Texas DPS office because, in
order to do so, he must present a birth certificate. Kennie testified that he was born in an
automobile and there is no record of his birth available. Kennie Dep. 9: 8-10. Moreover, Kennie
testified that even if a birth certificate was available for him, he could not afford to purchase one.
Id. at 25-26. Kennie is unemployed, id. at 11:5-6, receives his food from local churches, id. at
59:16-18, and stays rent-free with friends, id. at 59:8-9; 60:7-13. When asked why he lacks the
means to pay money and purchase a photo ID, Mr. Kennie made clear it was his poverty status:
“Well, I ain’t have no money. I ain’t got no job[.]” Id. at 47:13-14. Since he lacks a photo ID,
this Court’s decision provided Defendant Intervenor Kennie with a substantial benefit: he
remained eligible to vote in the 2012 elections.
Moreover, this Court “conclude[d] that SB 14 is likely to lead to ‘retrogression in the
position of racial minorities with respect to their effective exercise of the electoral franchise.’”
ECF No. 340 at 55 (quoting Beer v. United States, 425 U.S. 130, 141 (1976)). As members of
racial or language minority groups, the Kennie Intervenors were benefitted by this Court’s
decision denying preclearance to SB 14—a decision which prevented the State of Texas from
implementing the photo ID law in the 2012 elections. Moreover, all of the Kennie Intervenors
7 See Defendant Intervenors’ Proposed Findings of Fact, Document No. 240, at 2, ¶ 2.
Case 1:12-cv-00128-RMC-DST-RLW Document 383 Filed 09/10/13 Page 12 of 29
13
(except one) are plaintiffs in a recently filed federal suit in a challenge to SB 14 in a Corpus
Christi federal court. The record and Court findings developed in this case also provide them a
benefit and will be useful to them in that litigation.
The Supreme Court has determined that civil rights plaintiffs are prevailing parties “if
they succeed on any significant issue in litigation which achieves some of the benefit the parties
sought in bringing the suit.” Tex. State Teachers Ass’n v. Garland Indep. Sch. Dist., 489 U.S.
782, 789 (1989); Hanrahan v. Hampton, 446 U.S. 754, 756-58 (1980). In other words, “the
plaintiff must be able to point to a resolution of the dispute which changes the legal relationship
between [it] and the defendant.” Texas State Teachers Ass’n, 489 U.S. at 792; see also
Buckhannon Bd. &Care Home, Inc. v W. Va. Dep’t of Health & Human Res., 532 U.S. 598, 604
(2001) (recognizing that a party prevails and is entitled to attorney’s fees when that party obtains
a “material alteration of the legal relationship of the parties”). We respectfully submit that the
Kennie Intervenors succeeded on a significant issue in this litigation which achieved some of the
benefit that the Kennie Intervenors sought when they intervened. Accordingly, they are
prevailing parties entitled to an award of attorneys’ fees.
B. The Supreme Court’s Order Vacating This Court’s Judgment Does Not
Affect the Kennie Intervenors’ Entitlement to Attorneys’ Fees.
The State appealed this Court’s December 17, 2012 judgment (ECF No. 365) to the
United States Supreme Court. On June 27, 2013, the Supreme Court vacated the judgment and
remanded the case to this Court in light of the decision in Shelby County v. Holder, 570 U.S. __
(2013). This Court, in turn, recently dismissed this case upon Plaintiff’s unopposed motion.
ECF No. 387.
But the fact that this Court’s 2012 judgment was vacated in June 2013 did not impact the
benefits that the Kennie Intervenors received in 2012 when, as a result of this Court’s decision,
Case 1:12-cv-00128-RMC-DST-RLW Document 383 Filed 09/10/13 Page 13 of 29
14
the photo ID bill was unable to be enforced. Nor did the Supreme Court’s June 27, 2013 Order
alter the change in the legal relationship between the Intervenors and the State of Texas that was
effectuated by the judgment this Court entered in 2012.
The Kennie Intervenors obtained a judgment from this Court in their favor. That
judgment was not reversed by the Supreme Court on the merits. Thus, this is not a situation
where a party obtained a favorable ruling on the merits in the lower court but lost on the merits
on appeal. In that circumstance, attorneys’ fees are not warranted. See Sole v. Wyner, 551 U.S.
74 (2007). Here, the judgment that the Kennie Intervenors obtained was beneficial to them at
least through the 2012 elections and thus they obtained some benefit from that judgment—
benefits which existed at least until the Supreme Court’s decision vacating that judgment.8
A prevailing party is one who “confers an actual benefit or relief from a burden.” Grano
v. Barry, 783 F.2d 1104, 1108-09 (D.C. Cir. 1986) (citation omitted). The party seeking fees
need not have “prevailed on every claim or achieved all of the benefits he might have hoped for
in the litigation . . . the critical question in evaluating the availability of fees is whether fee
claimants have received any benefit at all.” Id. at 1109 (citation omitted); see also Hanrahan v.
Hampton, 446 U.S. 754, 758 (1987) (quoting H. R. Rep. No. 94-1558, at 8 (1976)) (“[W]hen a
party has prevailed on the merits of at least some of his claims,” there has “been a determination
of the ‘substantial rights of the parties,’ which Congress determined was a necessary foundation
for departing from the usual rule in this country that each party is to bear the expense of his own
attorney.”); Rhodes v. Stewart, 488 U.S. 1, 3-4 (1988) (per curiam) (“At the end of the rainbow
lies not a judgment, but some action (or cessation of action) by the defendant that the judgment
8 As noted above, the benefits that the Kennie Intervenors obtained as a result of this litigation
will continue, as the record developed in the case will be used to help establish that the photo ID
bill is unlawful in the pending lawsuit in Corpus Christi.
Case 1:12-cv-00128-RMC-DST-RLW Document 383 Filed 09/10/13 Page 14 of 29
15
produces—the payment of damages, or some specific performance, or the termination of some
conduct.”); Comm’rs Court of Medina Cnty., Tex. v. United States, 683 F.2d 435, 441 (D.C. Cir.
1982) (noting the critical question is whether the party has received any benefit at all).
When a party has clearly succeeded in obtaining the relief sought in a district court and
an intervening event renders the case moot on appeal, she is still a “prevailing party” and should
be awarded attorney’s fees. See Nat’l Black Police Ass’n v. D.C. Bd. of Elections & Ethics, 168
F.3d 525 (D.C. Cir. 1999) (affirming the district court’s award of attorney’s fees where plaintiffs
won an injunction that was in place for 52 days before the decision was vacated as moot by new
legislation); Thomas v. Bryant, 614 F.3d 1288 (11th Cir. 2010) (“When plaintiffs clearly
succeeded in obtaining the relief sought before the district court and an intervening event
rendered the case moot on appeal, plaintiffs are still ‘prevailing parties’ for the purposes of
attorney’s fees for the district court litigation.”); Diffenderfer v. Gomez-Colon, 587 F.3d 445, 454
(1st Cir. 2009) (“[A] ‘prevailing party’ is a party who managed to obtain a favorable, material
alteration in the legal relationship between the parties prior to the intervening act of mootness.”);
UFO Chuting of Haw., Inc. v. Smith, 508 F.3d 1189, 1197 & n.8 (9th Cir. 2007) (noting that
when a party successfully obtains an injunction before a district court prior to an intervening act
of mootness, that party remains the “prevailing party”); Dahlem v. Bd. of Educ., 901 F.2d 1508,
1512-13 (10th Cir. 1990) (listing cases and holding that “[w]e are in accord with the courts
which have held that a party which achieves the objective of its suit by means of an injunction
issued by the district court is a prevailing party in that court, notwithstanding the fact that the
case becomes moot . . . while the order is on appeal”) (footnote omitted); Palmer v. City of
Chicago, 806 F.2d 1316, 1321 (7th Cir. 1986) (assuming, though not holding, that a party is still
a prevailing part[y] “if after some relief has been obtained the case becomes moot”).
Case 1:12-cv-00128-RMC-DST-RLW Document 383 Filed 09/10/13 Page 15 of 29
16
This rule is consistent with the purpose behind the statute providing for attorneys’ fees.
“To hold that mootness of a case pending appeal inherently deprives plaintiffs of their status as
‘prevailing parties’ would detract from § 1988’s purposes. Such a rule could result in
disincentives for attorneys to bring civil rights actions when an event outside the parties’ control
might moot the case after the district court rendered a favorable judgment but before the
judgment could be affirmed on appeal.” Diffenderfer v. Gomez-Colon, 587 F.3d 445, 455 (1st
Cir. 2009).
Although the decision handed down in Shelby County resulted in this Court’s judgment
being vacated, this does not make attorney’s fees any less appropriate. See Ctr. for Biological
Diversity v. Marina Pont Dev. Co., 566 F.3d 794, 798-99 (9th Cir. 2009) (finding that even when
the event mooting a judgment is contrary to plaintiff’s interests, there is no “principled and
persuasive reason to deviate” from the principle that conferring a real benefit justifies awarding
attorney’s fees). Several courts have upheld fee awards in similar situations. See, e.g., id.
(upholding an attorney’s fees award where plaintiffs won a permanent injunction that was
vacated before the appeal when a statutory change rendered the case moot); Grano v. Berry, 783
F.2d 1104 (D.C. Cir. 1986) (finding plaintiffs were entitled to attorney’s fees for winning an
injunction prohibiting the demolition of a tavern, even though ultimately defendants were
awarded a demolition permit and demolished the tavern).
The Kennie Intervenors were victimized by the State’s 2011 photo ID bill and they (along
with the Defendants and other Defendant Intervenors) blocked that law from taking effect in the
2012 election cycle. That alone was a significant benefit. Having obtained a judgment from this
Court preventing the State of Texas from obstructing or interfering with their right to vote in a
national presidential election is no small victory. Because the Kennie Intervenors have
Case 1:12-cv-00128-RMC-DST-RLW Document 383 Filed 09/10/13 Page 16 of 29
17
“obtain[ed] actual relief on the merits of [their] claim” that “materially alters the relationship
between the parties by modifying the [Plaintiff’s] behavior in a way that directly benefits the
[Intervenors],” Farrar v. Hobby, 506 U.S. 103, 111 (1992), they are a “prevailing party.” See
Tex. State Teachers Ass’n v. Garland Indep. Sch. Dist., 489 U.S. 782, 789 (1989).
The Kennie Intervenors prevailed at trial and obtained a judgment from this Court under
the law that existed at the time. Though the Supreme Court, many months thereafter, struck
down a portion of the Voting Rights Act, the prevailing status of these Intervenors at trial and the
benefit they received in the 2012 elections remained unchanged. Indeed, though the Supreme
Court from time to time may adjust the applicability of statutes given what it perceives as
changed circumstances, it simply cannot be the case that federal law requires parties to bear the
burden of fees and expenses in a case they won based upon the clearly constitutional law in place
at the time. Indeed, until Shelby County, the Supreme Court had affirmed the constitutionality of
the preclearance provisions of the Voting Rights Act on at least three occasions. For these
reasons, the Kennie Intervenors are prevailing parties and should be awarded attorneys’ fees and
expenses.
C. The Kennie Intervenors’ Attorneys’ Fees Are Reasonable.
Having prevailed on their claims, the only remaining question is whether the fees sought
are reasonable. As explained below, the fees, expenses, and costs that the Kennie Intervenors
seek are reasonable for litigation of this type and scope.
An award of attorneys’ fees is calculated using the lodestar method, which is determined
by multiplying “the number of hours reasonably expended on the litigation times a reasonable
hourly rate.” Blum v. Stenson, 465 U.S. 886, 888 (1984); see also Hensley v. Eckerhart, 461
U.S. 424, 433 (1983). The lodestar “is presumed to be the reasonable fee,” Blum, 465 U.S. at
Case 1:12-cv-00128-RMC-DST-RLW Document 383 Filed 09/10/13 Page 17 of 29
18
888; accord People Who Care v. Rockford Bd. of Educ., 90 F.3d 1307, 1310 (7th Cir. 1996), and
“includes most, if not all, of the relevant factors constituting a reasonable attorneys’ fee,”
Pennsylvania v. Del. Valley Citizens’ Council for Clean Air, 478 U.S. 546, 566 (1986).
Two issues are addressed below demonstrating the reasonableness of the Kennie
Intervenors’ requested fees: 1) the reasonable number of hours expended by Intervenors’
attorneys to litigate this case; and 2) the hourly rates sought by the Intervenors’ counsel. As
explained further below, both the hours incurred and the rates charged were reasonable for a case
of this nature.
1. Kennie Intervenors Seek Compensation For A Reasonable Number of Hours.
This case involved important and difficult federal statutory claims. Texas’s proposed
photo ID law was not only a case that drew national attention, it also was the first photo ID law
to go to trial in this Court under the Voting Rights Act. In addition, although the Court
ultimately did not reach the issue of discriminatory purpose, that issue was necessarily litigated
and “[t]he task of assessing a jurisdiction’s motivation . . . is not a simple matter; on the contrary,
it is an inherently complex endeavor, one requiring the trial court to perform a ‘sensitive inquiry
into such circumstantial and direct evidence of intent as may be available.’” Hunt v. Cromartie,
526 U.S. 541, 546 (1999) (quoting Village of Arlington Heights v. Metro. Hous. Auth., 429 U.S.
252, 266 (1977)). Indeed, voting rights cases such as this one are among the most complex
federal cases, ranking fifth most difficult out of 42 categories of cases (more difficult than
antitrust and SEC/securities cases) according to the case weights last issued by the Federal
Judicial Center. See Exhibit L.
The Kennie Intervenors appropriately hired experienced attorneys who have substantial
Voting Rights Act experience, including extensive experience with Texas voting rights lawsuits.
Case 1:12-cv-00128-RMC-DST-RLW Document 383 Filed 09/10/13 Page 18 of 29
19
See Exhibit A, Declaration of J. Gerald Hebert (“Hebert Decl.”); Exhibit C, Listing of Voting
Rights/Election Law Cases Handled by Hebert; Exhibit D, Declaration of Chad W. Dunn (“Dunn
Decl.”); and Exhibit E, Dunn Curriculum Vitae. For example, Kennie Intervenors’ counsel Mr.
Hebert has represented clients in prior Texas voting rights or redistricting lawsuits going back
several decades, including several landmark cases that reached the United States Supreme Court
(e.g., Bush v. Vera, 517 U.S. 952 (1996); Balderas v. State of Texas, Civ. Action No. 6:01CV158
(E.D. Tex., Nov. 14, 2001) (per curiam), summarily aff’d, 536 U.S. 919 (2002), and LULAC v.
Perry, 548 U. S. 399 (2006)). Furthermore, Mr. Hebert has served as lead counsel in many
redistricting and voting rights cases over the years throughout the United States and at all levels
of the federal system, including a number of Section 5 declaratory judgment cases in this Court.
As the listing of voting rights cases (Ex. C) shows, he has served as lead counsel for a party or
amicus curiae in over one hundred Voting Rights Act cases, and dozens of other election law
and campaign finance cases. Moreover, the attached Declarations of experienced voting rights
attorneys Spiva, Wright and Pershing (Exhibits H, I, and J, respectively) identify Mr. Hebert as
one of our nation’s foremost voting rights litigators. The Kennie Intervenors’ other counsel, Mr.
Dunn, also has extensive voting rights litigation experience in Texas, handling numerous voting
rights cases in the last decade. See Ex. D; Ex. E.
The extensive experience of the Kennie Intervenors’ counsel, particularly in voting rights
cases, made them well-suited to these responsibilities. Ex. A; Ex. D. Given the importance of
the issues presented in this case, and the fact that the Kennie Intervenors’ lawyers had handled
numerous Voting Rights Act cases in the past (and thus could perform their duties more
efficiently than counsel with less experience in this area of law), the Kennie Intervenors were
Case 1:12-cv-00128-RMC-DST-RLW Document 383 Filed 09/10/13 Page 19 of 29
20
quite reasonable in retaining attorneys Hebert and Dunn to advance their interests throughout the
course of this litigation.
The Kennie Intervenors’ lawyers also leanly staffed this case, avoiding any duplication of
tasks and using only three attorneys with appropriate levels of experience to handle the various
litigation tasks. Ex. A, Hebert Decl. ¶¶ 13, 14, 16. That this case was staffed leanly and without
duplication of tasks was true not only among the Kennie Intervenors’ counsel, but also between
counsel for the Kennie Intervenors and counsel for the other Defendant-Intervenors. Ex. A,
Hebert Decl. ¶ 13).9
That Kennie Intervenors’ lawyers leanly staffed this case is also demonstrated by the fact
Mr. Hebert and Mr. Dunn performed all of the tasks at the trial court level, and the Kennie
Intervenors let other counsel for Defendant Intervenors take the lead on other matters (including
briefing to the U.S. Supreme Court) to avoid unnecessary or duplicative work or the inefficient
use of resources. Ex. A, Hebert Decl. ¶ 13. As a result, neither Mr. Hebert nor Mr. Dunn has
sought attorneys’ fees for any of the work they performed on matters that were also handled by
other Defendant-Intervenors counsel. This allocation and division of labor was done throughout
the litigation to avoid duplication of work and maximize efficiency, and best utilized the
expertise of the attorneys involved. 10
The Kennie Intervenors’ attorneys are seeking compensation for the hours and legal work
listed in the time sheets and invoices attached as Exhibit B (Hebert Time and Expense Records)
9 The overall fees and disbursements sought in this case are reasonable and well within the range
of what would be expected for this type of complex litigation. That is especially true where, as
here, the case implicated the important fundamental right to vote and the right to be free of
discrimination with respect to voting. 10
That Mr. Hebert and Mr. Dunn handled the vast majority of litigation tasks at the trial court
level stands in sharp contrast to the State of Texas who listed a total of 13 different attorneys on
various pleadings they filed in this Court: Mitchell, Frederick, Sweeten, McKenzie, Mortara,
Hughes, Spencer, Brissenden, Hodge, Aston, D’Andrea, Sullivan and Abbott.
Case 1:12-cv-00128-RMC-DST-RLW Document 383 Filed 09/10/13 Page 20 of 29
21
and Exhibit F (Dunn and Brazil Time and Expense Records). As noted above, these fees pertain
to work performed by the Kennie Intervenors’ attorneys throughout the course of this intensive
litigation, which included, among other things: preparing and filing a motion to intervene and
proposed answer; responding to the State of Texas’s multiple motions for protective order,
motion to compel, motion in limine to exclude testimony of expert witness for Kennie
Intervenors, assertion of legislative privilege issues, and the State’s failures to produce data in a
timely manner in discovery, including beyond deadlines set by the Court, see, e.g., Minute Order
May 9, 2012. The Kennie Intervenors’ counsel also participated actively in factual and expert
discovery, including participating in numerous depositions; responding to the factual and expert
discovery propounded by the State; and presenting trial testimony of four witnesses at trial,
participating in closing arguments, and ultimately obtaining a favorable final judgment. Ex. A,
Hebert Decl. ¶ 15; Ex. D, Dunn Decl. ¶¶ 5-6.
Following entry of judgment by this Court on August 28, 2013, the Kennie Intervenors’
counsel continued to leanly staff the case, as Mr. Hebert prepared this fee motion in its entirety
with minor assistance from other attorneys, so as to minimize the amount of attorney time and
fees. Ex. A, Hebert Decl. ¶ 18.
Based on contemporaneous time records, the Kennie Intervenors’ attorneys and paralegal
and legal support staff spent the following hours working on this case (as verified and
substantiated in detail in the attached Declarations of Hebert, Dunn and Brazil):
ATTORNEY HOURS
J. Gerald Hebert 182.4
Chad Dunn 436.9
Scott Brazil 47.2
Case 1:12-cv-00128-RMC-DST-RLW Document 383 Filed 09/10/13 Page 21 of 29
22
The Kennie Intervenors’ attorneys have reviewed the time records summarized above and
reprinted them in the attached exhibits (Exhibits B and F). These records show sound and
reasonable billing judgment. For example, Kennie Intervenors’ counsel excluded substantial
time to ensure that compensation was not sought for work that might be deemed as properly
excluded from a court-ordered fee award. See Ex. A; Ex. B; Ex. D; Ex. F. For example, Kennie
Intervenors do not request compensation for activity that, although necessary for client relations,
did not directly contribute to the litigation itself. See, e.g., Ex. F. Kennie Intervenors also do not
seek any fee enhancement above the lodestar method, despite their considerable expertise and
experience in this area. The hours that remain after the attorneys’ review of the time records
were reasonably expended to accomplish the tasks necessary for the successful prosecution of
this litigation. See Ex. A, Hebert Decl. ¶¶ 12-13; Ex. D, Dunn Decl. ¶¶ 4-6.
2. Kennie Intervenors Seek Reasonable Hourly Rates For Its Attorneys.
The hourly rates sought by the Kennie Intervenors’ attorneys (Hebert, Dunn and Brazil),
reflect their years of practice, litigation experience, and expertise. We explain below, for each
attorney, the exceptionally high level of experience and expertise justifying their hourly rates. In
addition, we have also attached to this motion the declarations of highly qualified attorneys
attesting to the reasonableness of the hours and the hourly rates being sought here.
A. J. Gerald Hebert’s Hourly Rate:
Mr. Hebert, who seeks an hourly rate of $650 in this case, is now in his fortieth year of
practicing law, having spent all but six years in the field of voting rights and redistricting. He is
widely recognized as one of the leading voting rights and redistricting litigators in the United
States. See Ex. H (Bruce Spiva Declaration); Ex. I (Brenda Wright Declaration); Ex. J (Stephen
Pershing Declaration).
Case 1:12-cv-00128-RMC-DST-RLW Document 383 Filed 09/10/13 Page 22 of 29
23
As detailed in his Declaration (Exhibit A) and the Listing of Voting/Election Law cases
that Hebert has handled (Exhibit C), Mr. Hebert has handled over one hundred voting rights
cases in his forty-year career, with a number of cases ultimately decided in the United States
Supreme Court, including Johnson v. DeGrandy, Pressley v. Etowah County, Shaw v. Reno, and
LULAC v. Perry. In the vast majority of the voting rights or redistricting cases he has handled,
Mr. Hebert has served as the lead trial attorney. See Ex. C.
In addition to his vast litigation experience and expertise, Mr. Hebert also has published
or co-authored articles on voting rights and redistricting in scholarly journals (e.g., Yale Journal
of Law and Policy, George Mason University Law Review, and LaRaza Law Journal at the
University of California at Berkeley). He has given lectures or participated in conferences on
voting rights issues at Harvard Law School, Yale Law School, and William and Mary Law
School, among other law schools across the country. Mr. Hebert has taught voting rights classes
at Georgetown University Law Center (from 1994-2006, and 2013) and American University’s
Washington College of Law, and has co-taught a voting rights course in 1996 with legal scholar
Pamela Karlan at the University of Virginia Law School.11
This semester, Mr. Hebert is co-
teaching a course on election law at Georgetown University Law Center with Paul M. Smith, of
the law firm Jenner and Block.
These hourly rates are similar to prevailing market rates charged by attorneys of
comparable experience and expertise. Mr. Hebert’s hourly rate is also reasonable as indicated by
the sworn declarations of two attorneys in the District of Columbia, Bruce Spiva (Exhibit H) and
11
Mr. Hebert also has been quoted or cited in numerous articles or broadcasts as an authority on
voting rights, and has appeared frequently as a panelist at conferences of the National
Conference of State Legislature, where he has instructed state legislators from across the country
on voting rights and redistricting law. See Exhibit A, Hebert Decl. at ¶10.
Case 1:12-cv-00128-RMC-DST-RLW Document 383 Filed 09/10/13 Page 23 of 29
24
Stephen Pershing (Exhibit J). In addition, as indicated in the Adjusted Laffey Matrix,12
for
attorneys with twenty years or more experience, the hourly rate is currently $753 per hour. In
2012, when this case was litigated, the Laffey Matrix showed that the hourly rate for attorneys
with 20 or more years of experience was $734 per hour. Thus, Mr. Hebert’s hourly rate is
actually lower than the Laffey Matrix rate for an attorney with his years of experience, and that
does not take into account his knowledge, forty years of experience, expertise and specialization
in handling voting rights and redistricting cases.
B. Hourly Rate for Mr. Chad Dunn and Mr. Scott Brazil:
Attorneys Chad Dunn and Scott Brazil seek an hourly rate in this case of $375 an hour,
which is the rate they charge to other fee paying clients. See Ex. D (Dunn Decl.); Ex. G (Brazil
Decl.). The declarations of these two attorneys describe their expertise and experience in all
types of litigation, including voting rights cases. Mr. Dunn has also submitted his curriculum
vitae (Exhibit E).
ATTORNEY RATE
J. Gerald Hebert $650.00
Chad Dunn $375.00
Scott Brazil $375.00
12
The methodology of calculation and benchmarking for the Laffey Matrix has been approved in
a number of cases. See, e.g., McDowell v. District of Columbia, Civ. A. No. 00-594 (RCL),
LEXSEE 2001 U.S. Dist. LEXIS 8114 (D.D.C. June 4, 2001); Salazar v. Dist. of Col., 123
F.Supp.2d 8 (D.D.C. 2000). We attach the Adjusted Laffey Matrix as Exhibit K. See also
Exhibit J (Pershing Decl. discussing Laffey Matrix).
Case 1:12-cv-00128-RMC-DST-RLW Document 383 Filed 09/10/13 Page 24 of 29
25
II. KENNIE INTERVENORS’ FEE AWARD SHOULD EQUAL $300,097.50.
Multiplying the time worked by each attorney by the hourly rates for each year yields the
following calculation:
ATTORNEYS HRS RATE TOTAL
J. Gerald Hebert 182.4 $650.00 $118,560.00
Chad Dunn 436.9 $375.00 $163,837.50
Scott Brazil 47.2 $375.00 $17,700.00
ALL FEES SUBTOTAL: $300,097.50
III. KENNIE INTERVENORS ARE ENTITLED TO EXPENSES AND COSTS
With regard to expenses and costs, the invoices referenced in the Dunn Declaration
(Exhibit D) and the time and expense records of Brazil and Dunn (Exhibit F) detail the out-of-
pocket expenses incurred. Verification and documentation of these expenses and costs are set
forth in Exhibits D and F. These expenses were necessarily incurred and are the type of out-of-
pocket expenses normally billed to fee-paying clients. As such, they are recoverable as part of
Defendant-Intervenors attorneys’ fees. See W. Va. Univ. Hosp., Inc. v. Casey, 499 U.S. 83, 87
n.3 (1991). These “costs” are recoverable as defined by 28 U.S.C. § 1920 and Fed. R. Civ. P.
54(d).
A. Expenses/Costs
It is also appropriate to require the Plaintiff State of Texas to reimburse the Kennie
Intervenors for reasonable costs. An award of reasonable attorneys’ fees pursuant to 42 U.S.C.
§ 1988, for example, includes an award of “reasonable out-of-pocket expenses incurred by the
attorney which are normally charged to a fee paying client.” Neufeld v. Searle Labs., 884 F.2d
335, 342 (8th Cir. 1989) (citing Laffey v. Nw. Airlines, Inc., 746 F.2d 4, 30 (D.C. Cir. 1984), cert.
denied, 472 U.S. 1021 (1985)); see also Rendon v. AT&T Techs., 883 F.2d 388, 399 (5thCir.
Case 1:12-cv-00128-RMC-DST-RLW Document 383 Filed 09/10/13 Page 25 of 29
26
1989) (timely request for fees and expenses is appropriate). Here, the Kennie Intervenors have
included in the supporting affidavits and invoices a detailed accounting requesting compensation
for such out-of-pocket expenses as travel, deposition costs, conference calls, messenger fees, and
the like. Ex. D. These out-of-pocket expenses totaled $12,038.47, and are the sorts of expenses
generally charged to a fee-paying client and should be reimbursed fully.
B. Expert Fees
The fee shifting provision authorizing an award of attorneys’ fees in this case specifically
authorizes the award of fees for expert costs. 42 U.S.C. § 1973l(e) (“In any action or proceeding
to enforce the voting guarantees of the fourteenth or fifteenth amendment, the court, in its
discretion, may allow the prevailing party, other than the United States, a reasonable attorney’s
fee, reasonable expert fees, and other reasonable litigation expenses as part of the costs.”).
Here, the Kennie Intervenors hired only two expert witnesses (Dr. Allan Lichtman and
Randall Buck Wood) who prepared reports and testified at trial. Dr. Lichtman’s report and
testimony were important in establishing SB 14 was not entitled to preclearance and that the
analysis performed by the State of Texas’s expert should be rejected (which it was).13
Election
expert Buck Wood offered testimony that the alleged justification for the photo ID bill, voter
impersonation at the polls, was rare. This contention was relevant to the inquiry into whether SB
14 was enacted with discriminatory purpose. This Court did not reach the issue of
discriminatory intent, however, because it found that SB 14 would have a racially discriminatory
effect.14
13
The Plaintiff State of Texas cannot be heard to argue that expert witnesses were not needed;
after all, the State also employed experts who prepared reports in this case and testified at trial
(as did the Defendant Attorney General).
14
Nevertheless, this Court did recognize that “other evidence, such as the types of circumstantial
evidence discussed in Arlington Heights, could nonetheless suggest that Texas invoked the specter of
Case 1:12-cv-00128-RMC-DST-RLW Document 383 Filed 09/10/13 Page 26 of 29
27
The expert witness expenses of the Kennie Intervenors are set forth in the attached
invoices of Dr. Allan Lichtman and Buck Wood. Ex. F. They were necessarily incurred in order
for the Kennie Intervenors to defend this action. Ex. D at ¶ 15. Furthermore, those expenses are
both modest and reasonable. Id.
Expert Witness Fee for Dr. Lichtman $27,500.00
Expert Witness Fee for Attorney Wood $13,815.00
Total Expert Witness fees: $41,015.00
Thus, Kennie Intervenors seek reimbursement for associated expenses in this case in the
amount of $53,053.47 (out-of-pocket expenses of $12,038.47 plus expert witness fees of
$41,015.00 equals $53,053.47), an amount that encompasses all “costs” as defined by 28 U.S.C.
§ 1920, Fed. R. Civ. P. 54(d). Both the expert witness fees and the out-of pocket expenses have
been verified in the attached Declarations of Dunn (Exhibit D) and Hebert (Exhibit A).
Adding fees and expenses, Kennie Intervenors request a total compensation of
$353,150.97. The fees and expenses are substantiated by the declarations of counsel and other
documentary exhibits attached to this motion.
CONCLUSION
The attorneys’ fees sought here are reasonable and not excessive. They are within the
prevailing market rate charged by attorneys of comparable experience and expertise. Likewise,
the expenses and costs sought here are due to be recovered as they were necessarily incurred
during the course of the lawsuit as out-of-pocket expenses or expert witness fees, and are of the
same type as those ordinarily charged to clients by counsel.
voter fraud as pretext for racial discrimination. See Bossier Parish I, 520 U.S. at 489.” ECF No. 340
at 21.
Case 1:12-cv-00128-RMC-DST-RLW Document 383 Filed 09/10/13 Page 27 of 29
28
Accordingly, for the reasons set forth above, this Court should award Kennie Intervenors
the attorneys’ fees, litigation expenses, and costs as requested.
Respectfully submitted,
/s/ J. Gerald Hebert
J. Gerald Hebert
D.C. Bar No. 447676
Attorney at Law
191 Somerville Street, #405
Alexandria, VA 22304
Telephone: 703-628-4673
Chad W. Dunn
D.C. Bar No. 987454
Texas Bar No. 24036507
BRAZIL & DUNN LLP
4201 Cypress Creek Pkwy., Suite 530
Houston, Texas 77068
Telephone: (281) 580-6310
Facsimile: (281) 580-6362
ATTORNEYS FOR KENNIE
DEFENDANT-INTERVENORS
CERTIFICATE OF SERVICE
I hereby certify that on the 10th
day of September, 2013, I served a copy of the foregoing
Kennie Intervenors’ Motion for Attorneys’ Fees, Expenses and Costs, attached Exhibits A-I on
counsel who are registered to receive NEFs through the CM/ECF system. All attorneys who have
not yet registered to receive NEFs have been served via first-class mail, postage prepaid.
/s/ J. Gerald Hebert
J. GERALD HEBERT
Case 1:12-cv-00128-RMC-DST-RLW Document 383 Filed 09/10/13 Page 28 of 29
29
EXHIBITS TO KENNIE INTERVENORS’ MOTION FOR AWARD OF
ATTORNEYS’ FEES AND EXPENSES
EXHIBIT A—Declaration of J. GERALD HEBERT
EXHIBIT B—HEBERT Time and Expense Records
EXHIBIT C—Listing of Voting/Election Cases Handled by HEBERT
EXHIBIT D—Declaration of CHAD DUNN
EXHIBIT E—Curriculum Vitae of CHAD DUNN
EXHIBIT F—BRAZIL and DUNN Time and Expense Records
EXHIBIT G—Declaration of SCOTT BRAZIL
EXHIBIT H—Declaration of BRUCE V. SPIVA
EXHIBIT I—Declaration of BRENDA WRIGHT
EXHIBIT J—Declaration of STEPHEN B. PERSHING
EXHIBIT K—Updated Laffey Matrix on Attorneys’ Fees
EXHIBIT L—Federal Judicial Center, Case Weighting Study
Case 1:12-cv-00128-RMC-DST-RLW Document 383 Filed 09/10/13 Page 29 of 29
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
STATE OF TEXAS,
Plaintiff,
v.
ERIC H. HOLDER, JR. in his
Official capacity as Attorney General
Of the United States,
Defendants.
§
§
§
§
§
§
§
§
§
§
§
Case No. 1:12-cv-00128
RMC-DST-RLW
DECLARATION OF J. GERALD HEBERT
Pursuant to 28 U.S.C. §1746, I, J. Gerald Hebert, declare that:
1. I am one of the attorneys who represented Defendant-Intervenors Eric Kennie, et al.,
(hereafter “Kennie Intervenors”) in the above-captioned case. The testimony set forth in this
Declaration is based on first-hand knowledge, about which I could and would testify
competently in open Court if called upon to do so, and on records contemporaneously generated
and kept by my Firm in the ordinary course of my solo law practice. I make this Declaration in
support of the Kennie Intervenors’ motion for an award of attorneys’ fees and expenses.
2. I received a B.A. degree from Stonehill College in 1970 and graduated from Suffolk
University School of Law in 1973. I am a member of the Virginia, D.C. and Pennsylvania
(inactive) bars. I am also a member of the bar of the United States Supreme Court, the United
States Courts of Appeals for the Second, Fourth, Fifth, Eighth, Eleventh and D. C. Circuits, the
United States District Court for Eastern District of Virginia, and the United States District
Court for the District of Columbia.
Case 1:12-cv-00128-RMC-DST-RLW Document 383-1 Filed 09/10/13 Page 1 of 9
2
3. Following my graduation from law school, from 1973 until 1994, I served as a trial
attorney in the Civil Rights Division of the United States Department of Justice in Washington,
D.C. For the last fifteen years of my service at the Department of Justice (1979-1994), I was
assigned to the Voting Section of the Civil Rights Division where I worked exclusively on
cases involving federally protected voting rights. While employed in the Voting Section from
1979 to 1994, I served in a number of supervisory capacities, including Special Litigation
Counsel, Deputy Chief, and Acting Chief of the Voting Section.
4. While at the Department of Justice, I served as the lead trial attorney for the United
States in numerous voting rights cases, a number of which ultimately became landmark cases in
the field of voting rights. Cases that I handled at the Department of Justice that were the
subject of United States Supreme Court decisions included City of Mobile v. Bolden, Rogers v.
Lodge, Johnson v. DeGrandy, Presley v. Etowah County, City of Port Arthur, Texas v. U.S., and
Shaw v. Reno. A complete listing of cases I handled at the United States Department of Justice
is submitted as Exhibit C (Part I).
5. Since leaving the Department of Justice in May 1994, I have been a sole practitioner
with an office in Alexandria, Virginia, where I specialize in voting rights cases, especially
redistricting cases and cases brought to enforce the Voting Rights Act of 1965, as amended. A
listing of the cases I have handled in my solo practice (from 1994 to the present) is set forth in
Exhibit C (Part II).
6. In addition, from 1994-1996, I served part-time as a staff attorney in the Voting
Rights Project of the national office of the Lawyers’ Committee for Civil Rights Under Law in
Washington, DC. In that position, I assisted with defense of constitutional challenges to
majority-minority congressional districts under the Shaw v. Reno doctrine.
Case 1:12-cv-00128-RMC-DST-RLW Document 383-1 Filed 09/10/13 Page 2 of 9
3
7. In addition to my solo practice, from July 2004 to the present, I have served as
Executive Director and Director of Litigation at the Campaign Legal Center, a non-profit, non-
partisan organization in Washington, DC. In that capacity, I have represented a party or amicus
curiae in dozens of campaign finance cases throughout the United States, including a number of
cases decided by the United States Supreme Court (e.g., Citizens United v. FEC, McComish v.
Bennett, Davis v. FEC, and most recently, McCutcheon v. FEC (pending)). Exhibit C (Part III)
is a listing of the cases I have worked on in my capacity as Director of Litigation at the
Campaign Legal Center. I handled this case, Texas v. Holder, in my solo practice.
8. From January 1995 to 2005, I served as an Adjunct Professor of Law at Georgetown
University Law Center in Washington, DC, where I taught Election Law, which included
voting rights, campaign finance regulation and election law cases. In 1995, I also served as an
Adjunct Professor of Law at American University’s Washington College of Law, where I
taught a course on the Voting Rights Act and the political process. In 1997, I co-taught a course
on the Voting Rights Act at the University of Virginia Law School with nationally renowned
Law Professor Pam Karlan. In 2013-2014, I will again be an Adjunct Professor of Law at
Georgetown University Law Center, where I will co-teach a practicum course on election law
with Paul M. Smith, a partner at the law firm of Jenner and Block.
9. I have written a number of publications, books and articles on the Voting Rights Act
or redistricting. For example, in 2000, I co-authored a book on redistricting with current United
States Solicitor General Donald B. Verrilli, along with several other attorneys at Jenner and
Block (including Paul Smith, Sam Hirsch (currently a senior official at the U.S. Department of
Justice), and Heather Gerken, now a law professor at Yale Law School). That book was
entitled “The Realists’ Guide to Redistricting”, which was published by the American Bar
Case 1:12-cv-00128-RMC-DST-RLW Document 383-1 Filed 09/10/13 Page 3 of 9
4
Association in 2000, and republished 2010 (2nd
edition). I also Have authored or co-authored
articles and law journal article on voting rights or redistricting for a number of publications,
including: Yale Law and Policy Journal, “The Need For State Redistricting Reform To Rein In
Partisan Gerrymandering”, Vol. 29, Issue 2 (2011); Rutgers Law Journal (co-authored);
“Redistricting in the Post-2000 Era”, George Mason University Law Review, Volume 8,
Number 3 (Spring 2000); “General Theory of Vote Dilution”, La Raza Law Journal, Boalt Hall
School of Law; University of California at Berkeley (Vol. 6, No. 1)(1993)(co-authored); Future
of Voting Rights Litigation: Elections at the Legislative Level, La Raza Law Journal, Boalt
Hall School of Law (Vol. 6, No. 1)(1993); Keeping The Courts Honest: The Role of Historians
as Expert Witnesses in Southern Voting Rights Cases Southern University Law Review (Vol.
16, No. 1)(Spring 1989)(co-authored); Civil Rights Law: High Court Decision on Voting
Rights Act Helps To Remove Minority Barriers National Law Journal (November 1986); and
Discriminatory Electoral Systems and the Political Cohesion Doctrine, National Law Journal
(Vol. 10, No. 4)(1987) (co-authored). I also have written several articles about voting rights for
publications that are geared to state and local governments, including publications by the Texas
Municipal League and the Nation’s Cities Weekly.
10. I have lectured before numerous meetings and conventions held by bar and other
organizations on voting rights, reapportionment, and civil rights, including the National
Conference of State Legislatures, the Association of Southern State Legislatures, the Virginia
Association of Local Government Attorneys, and reapportionment authorities in the States of
Louisiana, Maryland, New Mexico, Texas, and Virginia, among others. I have also given
lectures or participated as a panelist and made presentations on voting rights issues at Yale Law
School, Harvard Law School, Washington and Lee University Law School, University of
Case 1:12-cv-00128-RMC-DST-RLW Document 383-1 Filed 09/10/13 Page 4 of 9
5
Richmond Law School, William and Mary Law School, and Rutgers Law School, among
others.
11. My private practice is exclusively in the area of voting rights, campaign finance, and
constitutional rights focusing on voting. My hourly rate in this case is $650 per hour, given the
complexity and novelty of the issues, the high visibility and importance of the case, and my
experience handling cases such as this.
12. I have reviewed the summary of hours that I have expended in this case that is
Marked as Exhibit B, and that summary is true and accurate. The summary of hours in Exhibit
B is based on contemporaneous records of the activities in the case maintained as business
records in my law office. The hours expended were necessary in rendering legal services to the
Kennie Intervenors in this case. I also have reviewed the listing of expenses included within
Exhibit B. Those expenses were out-of-pocket expenses necessarily incurred by me to conduct
the litigation in this case, and are of the type normally billed by me (and other law firms) to fee-
paying clients.
13. As counsel for the Kennie Intervenors, I have exercised reasonable billing judgment
in this case. I have excluded from my fee request nearly 90 hours of time for which I could be
compensated. I have attempted to limit my time to those hours where it was necessary for me
to fulfill my role as co-administrative counsel (with Ezra Rosenberg) to the groups of
Defendant-Intervenors who were involved in that case. Thus, I have included my time spent
reviewing all court orders (except non-substantive orders that did not impact the issues in the
case, such as orders granting pro hac vice status or permitting counsel to withdraw, etc.). In
this case, the Court issued an order requiring the Defendant Intervenors to file consolidated
briefs so as to avoid duplication of efforts. See Order of April 13, 2012. In my role as co-
Case 1:12-cv-00128-RMC-DST-RLW Document 383-1 Filed 09/10/13 Page 5 of 9
6
administrator, I worked closely with Mr. Rosenberg to ensure that the Court’s order regarding
duplication of effort was strictly adhered to. At the outset, Mr. Rosenberg and I agreed that it
made sense to divide the Intervenors into teams, such as a discovery team, an expert witness
team, a document review team, etc. We asked the Intervenors’ counsel to volunteer for a team
(which they did) and this helped ensure that there was no duplication of effort or waste of
litigation resources. Mr. Rosenberg and I also agreed at the outset that we should schedule
periodic calls with the Defendant Intervenors’ counsel to review the tasks assigned and to
discuss strategic decisions that needed to be made throughout the case. On most occasions, Mr.
Rosenberg’s law firm (Dechert LLP) prepared the initial draft of a brief or motion. That
enabled me, as a solo practitioner, to avoid duplication of work and to limit my time to making
suggested revisions or edits to the draft motion or brief. Throughout this case, in addition to the
regularly schedule conference calls among Defendant-Intervenors’ counsel, I often discussed
the status of the case and communicated with individual Defendant-Intervenors’ attorneys about
litigation strategy and issues that arose in the case. That is especially true with respect to my
co-administrator Mr. Rosenberg, with whom I communicated repeatedly. I have listed the vast
majority of those communications in the attached timesheets, but as the Court will see, I am not
including the time I spent communicating with Mr. Rosenberg or other counsel in my fee
request. As the attorney for the Kennie Intervenors who was mainly responsible for litigating
the case in the district court, I also staffed the case leanly. For example, I took the lead in
reviewing all briefs and motions prepared for the Defendant-Intervenors and in reviewing the
State’s motions and briefs. By agreement, my co-counsel, Mr. Dunn, handled the numerous
depositions and other discovery that took place in Texas. Due to the many depositions taken,
Mr. Dunn’s law partner (Mr. Brazil) handled some depositions, especially when there were
Case 1:12-cv-00128-RMC-DST-RLW Document 383-1 Filed 09/10/13 Page 6 of 9
7
simultaneous depositions being taken. As a result of our efficient use of resources and
decisions to avoid duplication of efforts, I did not have to travel to Texas at any time to handle
discovery or other matters in this case.1 Although two other attorneys served as my co-counsel
representing the Kennie Intervenors, there are no excessive, redundant, or unnecessary hours
included in the time sheets detailed in this request for an award of attorneys’ fees. To avoid
duplication, we also coordinated closely with other Intervenors’ counsel throughout this case.
14. I also have reviewed the time records (and expense listings) for work performed by
my co-counsel at the law firm of Brazil and Dunn. All of the work set forth in the Declarations
of my co-counsel were necessary to the litigation of this case and were not duplicative of any of
the work I did. I made a conscientious effort to avoid duplication of work by agreeing, in
advance, with my co-counsel on a division of labor in those instances where more than one
attorney worked on the case simultaneously. As noted above, my co-counsel at Brazil and
Dunn handled all discovery and depositions in Texas. I have not billed for any of the work I
performed in reading those depositions or being briefed by my co-counsel regarding those
depositions. By agreement with co-counsel, I also took responsibility for preparing this fee
motion, with minimal assistance from other attorneys, so as to minimize the amount of attorney
time and fees involved. My co-counsel and I also carefully monitored expenses to insure that
only necessary and reasonable costs were incurred. These expenses were incurred by me as out-
of-pocket expenses, were expended to successfully prosecute this case, and are the type of out-
of-pocket expenses normally billed by me and other Firms to fee-paying clients.
1 The Defendant-Intervenors’ filing in the United States Supreme Court is another example of
how this case was leanly staffed and that efforts were made to avoid duplication of work. The
Dechert LLP legal team and Lawyers’ Committee attorneys, with minimal involvement by me,
took the lead in drafting our motion to affirm filed in the U.S. Supreme Court.
Case 1:12-cv-00128-RMC-DST-RLW Document 383-1 Filed 09/10/13 Page 7 of 9
8
15. As one of the Kennie Intervenors’ counsel, I participated actively throughout this
case. I participated in expert discovery (Dr. Lichtman), and my co-counsel handled the vast
majority of the factual discovery, such as depositions of fact witnesses in Texas and the report
and deposition of one other expert witness (Randall Buck Wood). Kennie Intervenors’ counsel
presented trial testimony of four witnesses at trial, cross examined one of the State’s witnesses,
participated in closing arguments, and ultimately obtained a favorable final judgment.
16. I am a solo practitioner without litigation support staff in my Firm. To assist me in
handling this case, my law firm employed a law student, Renata Strause, to handle paralegal
and other litigation support matters. Although Ms. Strause spent hundreds of hours working on
this case, I have not billed for her time.
17. To further reduce the number of attorney hours needed to litigate this case, I asked
Mr. Dunn to undertake and facilitate communications to the client group. I have excluded from
my time records all of my communications with the client group. Ongoing and updated
communications with clients in a case of this nature, given the size and geographic diversity of
the client group, was necessary and Mr. Dunn’s role in keeping our clients informed of
developments in the case was the most cost-effective way of fulfilling those requirements.2
2 Both the Texas Rules of Professional Conduct and the Virginia Rules of Professional
Conduct require lawyers to keep their clients reasonably informed about the case and to
comply promptly with clients’ requests for information about the status of the case. This
obligation includes providing clients with status reports on the lawsuit, as well as
communications from other parties that may significantly affect settlement or resolution of
the case. See Texas Rules of Professional Conduct (Rule 1.03) and Virginia Rules of
Professional Conduct (Rule 1.04).
Case 1:12-cv-00128-RMC-DST-RLW Document 383-1 Filed 09/10/13 Page 8 of 9
9
I declare under penalty of perjury that the foregoing is true and correct.
/s/ J. Gerald Hebert
J. GERALD HEBERT
Dated: September 10, 2013
Case 1:12-cv-00128-RMC-DST-RLW Document 383-1 Filed 09/10/13 Page 9 of 9
Time Records of Attorney J. Gerald Hebert in State of
Texas v. Holder , No. 12-128 (D.D.C.)
Date Legal Services RenderedActual Time
Expended
Time Charged
(Hours/ Tenths)
1/24/2012 Review Texas' motion to Convene Three-Judge Court 0.1 0.1
1/26/2012 Review Order granting Motion to Convene Three-Judge Court 0.1 0.1
1/28/2012 Review Texas' Complaint 0.5 0.5
1/29/2012 Communication w/co-counsel re: division of labor for drafting
intervention papers to avoid duplication
0.2 0.2
2/1/2012 File MOTION to Intervene for Kennie et al. 0.1 no charge
2/9/2012 Participate in Telephone Conference with parties and Court 0.5 0.5
2/15/2012 Review U.S. RESPONSE to MOTION to Intervene of Kennie
Intervenors
0.2 0.2
2/16/2012 Review Texas' Memorandum in opposition to Kennie
Intervenors MOTION to Intervene
0.4 0.4
3/12/2012 Review Notice of Appearance by Maranzano for AG Holder 0.1 no charge
3/12/2012 Review Notice of Appearance by Westfall for AG Holder 0.1 no charge
3/12/2012 Review Motion to Intervene by TX NAACP and Mexican
American Leg. Caucus
0.4 no charge
3/12/2012 Review TX's motion to file amended Complaint with exhibits 0.5 0.5
3/12/2012 Review AG's Notice of Section 5 Determination of TX photo
ID bill
0.4 0.4
3/14/2012 Participate in Telephone Conference with Parties and court re:
scheduling issues/deadlines
0.5 0.5
3/14/2012 Review order granting intervention to our clients (and granting
TX leave to amend and setting forth deadlines for discovery
and briefing schedule)
0.2 0.2
3/16/2012 Review motion to appear pro hac vice of Ezra Rosenberg 0.1 no charge
3/16/2012 Review order granting pro hac vice to Rosenberg 0.1 no charge
3/19/2012 Review Notice of Appearance for Freeman for Holder 0.1 no charge
3/19/2012 Review Motion to Intervene by TX League of Young Voters,
et al.
0.3 no charge
3/20/2012 Review notice of appearance by Gear for Defendant AG 0.1 no charge
3/20/2012 Review Notice of Appearance by John Payton 0.1 no charge
3/20/2012 Review AG's filed notice of proposed scheduling order 0.2 0.2
3/20/2012 Draft Notice of Appearance for Hebert 0.1 0.1
3/21/2012 File Hebert Notice of Appearance in ECF 0.1 no charge
3/21/2012 Review motion to appear Pro Hac Vice for attys Haygood,
Korgaonkar and Aden
0.1 no charge
3/21/2012 Review status report filed by Defendant AG 0.2 0.2
3/21/2012 Review order setting telephone conference for 4/3 0.1 0.1
3/21/2012 Communication with Ezra Rosenberg regarding discovery
proposal from State and serving as co-administrator
0.2 0.2
3/21/2012 Participate in telephone conference with court and parties re:
pending issues
0.5 0.5
3/21/2012 Communications with Ezra Rosenberg 0.3 no charge
3/22/2012 E-mail to Chashawn White (US District Court) that Ezra
Rosenberg and I will serve as co-aministrators for Defendant
Intervenors
0.1 0.1
3/22/2012 Review Order granting Intervention to TX League of Young
Voters
0.1 0.1
Case 1:12-cv-00128-RMC-DST-RLW Document 383-2 Filed 09/10/13 Page 1 of 19
3/22/2012 Review notice of Appearance for Frederick for State of TX 0.1 no charge
3/22/2012 Review notice of Appearance for Ashton for State of TX 0.1 no charge
3/22/2012 Review notice of ESI agreement filed by Defendant Holder
with exhibit
0.2 0.2
3/22/2012 Review motion to intervene by TX Legis. Black Caucus 0.3 no charge
3/22/2012 Review TX's motion for protective order with exhibits 0.3 0.3
3/22/2012 Communications with Ezra Rosenberg 0.2 no charge
3/23/2012 Review notice of appearance by Wendy Weiser 0.1 no charge
3/23/2012 Review notice of appearance by Ian Vandewalker 0.1 no charge
3/23/2012 Review notice of appearance by Myrna Perez 0.1 no charge
3/23/2012 Review Notice filed by AG Holder 0.1 0.1
3/23/2012 Review Notice of Filing by TX with attached affidavit of TX
SOS Ingram
0.3 0.3
3/23/2012 Review motion to intervene and memo of SW Voter
Registration Project and Mi Familia Vota Education fund et al.
0.4 no charge
3/23/2012 Review TX Memorandum in opposition to TX Leg. Black
Caucus Motion to Intervene (with exhibits of Kennie
intervenors and US)
0.2 0.2
3/23/2012 Communications with Ezra Rosenberg 0.1 no charge
3/26/2012 Prepare, review, and edit agenda for call on March 27 with all
Defendant Intervenors' counsel
0.4 no charge
3/26/2012 Communications with Ezra Rosenberg 0.2 no charge
3/27/2012 Review Scheduling order setting trial dates discovery
deadlines and pretrial conference
0.2 0.2
3/27/2012 Review order granting pro hac vice status to Weiser, Perez and
Vandewalker
0.1 no charge
3/27/2012 Participate in conference call with court and parties regarding
disclosure of data base information and database fields
0.5 0.5
3/27/2012 Review Order entered on briefing of database issues. 0.1 0.1
3/27/2012 Review Defendant Holder's motion for Protective Order with
exhibits
0.3 0.3
3/27/2012 Review Notice of appearances for O'Connor, Abudu and
McDonald
0.2 no charge
3/27/2012 Review notice of appearance by Michelle Yeary 0.1 no charge
3/27/2012 Communications with Ezra Rosenberg regarding desigination
of teams to handle issues: Affirm discovery, document
reviews, legal research/writings, defensive fact discovery,
expert teams
1.0 no charge
3/28/2012 Review RULE 26a1 Statement by TX League Young Voters 0.1 no charge
3/28/2012 Review notice of death of John Payton 0.1 no charge
3/28/2012 Review reply by TX Legis. Black caucus to TX's oppoistion to
the motion to intervene
0.2 no charge
3/28/2012 Make revisions to draft brief on legislative privilege (due 3/29) 0.5 0.5
3/28/2012 Review and edit Intervenors' consolidated Memorandum in
opposition to Texas' motion for Protective Order
0.3 0.3
3/28/2012 Telephonic conference call with Court 0.3 0.3
3/28/2012 Communications with Ezra Rosenberg 0.5 no charge
3/29/2012 Review TX's notice of Confidential database information 0.2 0.2
3/29/2012 Review Answer to Complaint filed by Mexican American Leg
Caucus to amended Complaint
0.2 no charge
3/29/2012 Review TX's Memo in Opp. To Holder's mot. for Protective
Order with Kennie Intervenor exhibit
0.4 0.4
Case 1:12-cv-00128-RMC-DST-RLW Document 383-2 Filed 09/10/13 Page 2 of 19
3/29/2012 Review notice of appearance by Bell-Platts on behalf of
Holder
0.1 no charge
3/29/2012 Review Holder's Memo in Opp. To State of TX motion for
prot. order 03/29/2012)
0.3 0.3
3/29/2012 Review final draft of Intervenors' Memo in support of Holder's
Motion for Protective Order, and in Opposition to TX's notice
of confidential database information
0.5 no charge
3/29/2012 Revisie and edit Intervenors' memo in support of U. S. motion
for Protective Order
0.2 0.2
3/29/2012 Review Texas' 20-page memo on protective order 1.1 no charge
3/29/2012 Communication with co-counsel (Dunn) and Mr. Rosenberg
re: Eric Kennie and filing by State
1.0 no charge
3/29/2012 Review Defendant Holder's motion to file reply memo 0.1 0.1
3/29/2012 Communications with Ezra Rosenberg 0.5 no charge
3/30/2012 Review Order granting protective order to U.S. with
confidentiality language
0.2 0.2
3/30/2012 Review Order setting oral argument during telephone
conference for 4/3 on TX's motion for protective order
0.1 0.1
3/30/2012 Review Orders regarding turning over full social security #s to
DOJ
0.2 0.2
3/30/2012 Participate in telephone conference with court and parties
regarding production of database information
0.6 0.6
3/30/2012 Review 3/30 protective order 0.1 0.1
3/30/2012 Review order granting pro hac to O'Connor and Abudu 0.1 no charge
3/30/2012 Review order on U.S. Motion for Protective Order 0.1 0.1
3/30/2012 Communications with Ezra Rosenberg 0.3 no charge
4/1/2012 Review Correspondence to State Attorney (J. Mitchell)
regarding confidentiality concerns
0.2 no charge
4/2/2012 Review Correspondence to State Attorney (J. Mitchell)
regarding confidentiality concerns
0.1 no charge
4/2/2012 Review TX's reply to Holder's opposition to TX's motion for
Protective Order with attachment
0.2 0.2
4/2/2012 Communications with Ezra Rosenberg 0.7 no charge
4/3/2012 Participate in telephone conf with 3-judge court on data base
and discovery issues.
0.5 0.5
4/3/2012 Review motion for leave to file doc under seal by Texas 0.1 0.1
4/3/2012 Review TX filing of redacted document re: one of Kennie
Intervenors
0.2 0.2
4/3/2012 Review order re: discovery from TX legislators and briefing
thereon and vacating earlier orders
0.4 0.4
4/3/2012 Discuss with Intervenors' counsel and co-counsel (C. Dunn)
re: meet and confer, and regarding State's objections to
Defendant Intervenors' Request for Production and
Interrogatories
1.0 no charge
4/3/2012 Conference Call among Defendant Intervenors to discuss
experts and privilege hearings and discovery response
1.0 no charge
4/3/2012 Communications with Ezra Rosenberg 0.4 no charge
4/4/2012 Call with DOJ at 6 P.M. to discuss 4/10 submission 0.3 0.3
4/4/2012 Weekly Intervenors' Call to update status 1.0 no charge
4/4/2012 Review errata filed by TX as to Amended Complaint 0.1 0.1
4/4/2012 Review amended motion to intervene of TX Legis. Black
caucus
0.2 no charge
4/4/2012 Communications with Ezra Rosenberg 0.3 no charge
Case 1:12-cv-00128-RMC-DST-RLW Document 383-2 Filed 09/10/13 Page 3 of 19
4/5/2012 Review letter to State as follow-up to meet and confer 0.2 no charge
4/5/2012 Review order sealing document attached to US mot for pro
order
0.1 0.1
4/5/2012 Review order denying motion for leave to file reply 0.1 no charge
4/5/2012 Review notice of Appearance by Dale Ho 0.1 no charge
4/5/2012 Review Gary Bledsoe's motion pro hac vice 0.1 no charge
4/5/2012 Communications with Ezra Rosenberg 0.1 no charge
4/6/2012 Communication and coordination with Ezra Rosenberg to
present dicovery dispute letters to Judge Collyer and join
DOJ's request for conference with Court
0.4 no charge
4/9/2012 Communication with DOJ Counsel (Westfall) regarding call
with court
0.1 0.1
4/9/2012 Discussions with co-counsel regarding pending request for call
with Court to resole direct discovery impasse
0.5 no charge
4/9/2012 Review Defendant Holder's answer to amended complaint 0.2 0.2
4/9/2012 Review order setting telephone conference re: discovery
dispute
0.1 0.1
4/9/2012 Communications with Ezra Rosenberg 0.2 no charge
4/10/2012 Review Draft Notice of 30b 6 depositions 0.2 no charge
4/10/2012 Review filing of Memo by Defendant AG Holder with
numerous exhibits for discovery dispute
0.4 0.4
4/10/2012 Participate in telephone conference regarding TX failure to
comply and discovery dispute
0.4 0.4
4/10/2012 Review Ezra draft communication enclosing Defendant
Intervenors' discovery dispute letters
0.2 no charge
4/10/2012 Communications with Ezra Rosenberg 0.6 no charge
4/11/2012 Review Notice filed by State of TX re: producing legislative
history
0.2 0.2
4/11/2012 Review notice of appearance for Debo Adegbile 0.1 no charge
4/11/2012 Review notice of appearance for Jon Greenbaum 0.1 no charge
4/11/2012 Defendant Intervenors' call regarding status of tasks by teams 1.2 no charge
4/12/2012 Review Order requiring TX to produce data base fields 0.1 0.1
4/12/2012 Review Advisory filed by Inteervenors' Mi Familia Vota Ed.
Fund, et al. re: intervention
0.1 no charge
4/12/2012 Discovery of Full SSN#'s in database mistakenly sent by State
AG to intervenors and discuss with co-counsel need to
promptly inform State AG of their error
0.4 no charge
4/12/2012 Review correspondence with State re: State's mistake in
sending data base with full SS#s.
0.2 no charge
4/12/2012 Communications with Rosenberg regarding status of all
pending requests
0.5 no charge
4/12/2012 Further correspondence with State regarding SSN mistake 0.1 0.1
4/12/2012 Communications with Ezra Rosenberg 0.5 no charge
4/13/2012 Review Order granting interventions and requiring all
Intervenors to avoid duplication and directing appointment of
adminsitrative counsel as contact for ct.
0.2 0.2
4/13/2012 Review answer to complaint filed by TX Leg. Black Caucus 0.2 no charge
4/13/2012 Review answer to amended complaint filed by TX Leg. Black
Caucus
0.2 no charge
4/13/2012 Review corporate disclosures filed by TX Leg. Black Caucus 0.1 no charge
4/13/2012 Review answer to complaint filed by Intervenors' Mi Familia,
et al
0.2 no charge
4/13/2012 Review corporate disclosures by Mi Familia et al. 04/13/2012) 0.1 no charge
Case 1:12-cv-00128-RMC-DST-RLW Document 383-2 Filed 09/10/13 Page 4 of 19
4/13/2012 Review State of TX reply 0.3 0.3
4/13/2012 Discuss with Intervenors' counsel delays by State in producing
information and resulting impact on schedule and prejudice to
Intervenors
0.5 no charge
4/13/2012 Call with DOJ attorney regarding schedule delays by State 0.3 0.3
4/13/2012 Communications with Ezra Rosenberg 0.9 no charge
4/15/2012 Initial Draft of Defendant Intervenors Consolidated Motion to
Postpone Trial or Clarify Trial Date and Schedule
0.7 0.7
4/15/2012 Draft communication to State AG regarding noncompliance
with deadlines
0.2 0.2
4/15/2012 Communications with Ezra Rosenberg 0.1 no charge
4/16/2012 Communications with Rosenberg and Dunn regarding sending
a communication to Court regarding State's deficiencies
regarding discovery
0.4 no charge
4/16/2012 Draft Motion to postpone or clarify trial date and send to other
Intervenors
1.5 1.5
4/16/2012 Prepare for conference call with Court set for 4/16 0.3 0.3
4/16/2012 Conference call with Court regarding discovery issues 0.3 0.3
4/16/2012 Review & revise to Motion to Postpone or Clarify trial date 0.4 0.4
4/16/2012 Participate in telephone conf. with court and parties regarding
data base and discovery disputes.
0.5 0.5
4/16/2012 Communications with Ezra Rosenberg 1.4 no charge
4/16/2012 Conf Call with Intervenors' counsel re: current status in light of
discovery disputes and court's comments re: same
1.1 no charge
4/17/2012 Review order re: pro hac vice 0.1 no charge
4/17/2012 Review Notice of Discovery Disputes by Defendant Holder 0.2 0.2
4/17/2012 Review Order directing filings re: possible delay in trial date 0.1 0.1
4/17/2012 Participate in telephone Conf. with court and parties regarding
data base and discovery disputes.
0.5 0.5
4/17/2012 Communication with DOJ Counsel (Westfall) regarding call
with court
0.1 0.1
4/17/2012 Communication with Rosenberg regarding 30b(6) deposition
results and DOJ's position on trial date
0.2 0.2
4/17/2012 Communications with Ezra Rosenberg 0.5 no charge
4/18/2012 Edits to Kennie Intervenors' Answer to TX's Amended
Complaint
0.2 0.2
4/18/2012 Communications with Ezra Rosenberg 0.4 no charge
4/19/2012 Review Elsie Boddie's motion pro hac vice 0.1 no charge
4/19/2012 Communications with Ezra Rosenberg 0.1 no charge
4/20/2012 Review TX's Notice regarding subpoena 0.2 0.2
4/20/2012 Review order granting pro hac status to Boddie 0.1 no charge
4/20/2012 Review Order denying State of TX's motion for protective
order
0.2 0.2
4/20/2012 Communications with Ezra Rosenberg 0.5 no charge
4/21/2012 Communications with Ezra Rosenberg 0.1 no charge
4/22/2012 Review, revise and edit Intervenors' consolidated motion to
Clarify Trial Schedule
0.5 0.5
4/23/2012 Review Douglas Faum's pro hac vice motion 0.1 no charge
4/23/2012 Review motion for Bledsoe's pro hac vice 0.1 no charge
4/23/2012 Review Defendant Holder's motion to clarify schedule with
exhibits
0.4 0.4
Case 1:12-cv-00128-RMC-DST-RLW Document 383-2 Filed 09/10/13 Page 5 of 19
4/23/2012 Communications with Ezra Rosenberg 0.2 no charge
4/24/2012 Review pro hac vice order for Flaum, de Leeuw, Harris, and
Bledsoe
0.1 no charge
4/24/2012 Review TX's filing asserting legislative privilege 0.3 0.3
4/24/2012 Communications with Ezra Rosenberg 0.4 no charge
4/25/2012 Communication with state AG attys re: data bases and
discovery
0.3 no charge
4/25/2012 Review Tx's amended notice of leg. Privilege 0.1 0.1
4/25/2012 Review Notice of appearance for Arthur Spitzer 0.1 no charge
4/25/2012 Review Defendant Holder's motion to compel (privilege logs) 0.5 0.5
4/25/2012 Communications with Ezra Rosenberg 0.4 no charge
4/26/2012 Review Defendant holder's Notice of Federal Databases 0.2 0.2
4/26/2012 Communications with Ezra Rosenberg 0.9 no charge
4/27/2012 Conference call with Intervenors' counsel re: interrogatories
and requests for production
0.8 no charge
4/27/2012 Review TX's response in opposition to Intervenors' and DOJ's
motion to clarify trial schedule with exhibits
0.4 0.4
4/27/2012 Review of Appearance by Sweeten for State of TX 0.1 no charge
4/27/2012 Review TX's response to DOJ filing on federal databases 0.2 0.2
4/27/2012 Communications with Ezra Rosenberg 0.3 no charge
4/29/2012 Communications with Ezra Rosenberg 0.2 no charge
4/30/2012 Participate in Telephone Conference with court and parties on
data base issues (handgun)
0.3 0.3
4/30/2012 Review order requiring TX to produce data fields for handgun
database
0.1 0.1
4/30/2012 Review State of TX's response in opp. to motion of Defendant
Holder to compel the Production of Documents and Privilege
Logs with exhibits.
0.6 0.6
4/30/2012 Communications with Ezra Rosenberg 0.1 no charge
5/1/2012 Review order setting status conference for 5/3. 0.2 0.2
5/1/2012 Review motion pro hac vice Amy Pedersen 0.1 no charge
5/1/2012 Conf. Call with Intervenors' counsel to discuss discovery
disputes/status
1.2 no charge
5/1/2012 Review State of TX's Advisory on Database Production 0.2 0.2
5/1/2012 Communications with Ezra Rosenberg 0.9 no charge
5/2/2012 Conf. Call with DOJ atty and Ezra Rosenberg re: discovery
disputes with State of TX
0.4 0.4
5/2/2012 Prepare for upcoming Status Hearing 1.1 1.1
5/2/2012 Communications with Ezra Rosenberg 0.9 no charge
5/3/2012 Review Order requiring TX to produce additional database
fields
0.1 0.1
5/3/2012 Review Order granting Pedersen pro hac vice motion 0.1 no charge
5/3/2012 Review notice of ppearance by Risa Berkower for AG holder 0.1 no charge
5/3/2012 Review AG Holder's motion & memo for Protective Order 0.4 0.4
5/3/2012 Review DOJ's reply to States' opposition to DOJ's motion to
compel Production of Privilege Logs
0.3 0.3
5/3/2012 Participate in Status Conference Hearing with Court (includes
one witness)
1.5 1.5
5/4/2012 Review State of TX notice of database production 0.2 0.2
5/4/2012 Review order re: database production and requiring jt report 0.1 0.1
Case 1:12-cv-00128-RMC-DST-RLW Document 383-2 Filed 09/10/13 Page 6 of 19
5/4/2012 Participate in Conf Call with Intervenors' counsel re: privilege
issues (10am-11am)
1.0 no charge
5/4/2012 Communications with Ezra Rosenberg 0.1 no charge
5/5/2012 Communications with Ezra Rosenberg 0.1 no charge
5/7/2012 Review Notice of AG Holder Concerning Federal Databases 0.1 0.1
5/7/2012 Review order regarding discovery and pre-trial deadlines 0.1 0.1
5/7/2012 Review Notice filed by TX regarding its databse production 0.2 0.2
5/7/2012 Communications with Ezra Rosenberg 0.2 no charge
5/8/2012 Call with Intervenors' counsel to advise them of positions to be
taken at call with ct later that day
1.0 no charge
5/8/2012 Prepare for conference call with Court set for 3:15 this
afternoon
0.2 0.2
5/8/2012 Participate in telephone conference with Court and parties 0.4 0.4
5/8/2012 Communications with Ezra Rosenberg 0.3 no charge
5/9/2012 Review Order re: incomplete databases produced by State
(including failure to provide data bases to Defendant
Inteervenors Kennie et al.)
0.2 0.2
5/9/2012 Review Notice by TX of filing a document under seal 0.1 no charge
5/9/2012 Review TX's motion for leave to file document under seal 0.1 0.1
5/9/2012 Review TX's motion to respond to Court order re: deadlines 0.1 0.1
5/9/2012 Review Order granting extension to TX 0.1 0.1
5/9/2012 Review filing by TX responding to court's order re: scheduling 0.1 0.1
5/9/2012 Communications with Ezra Rosenberg 0.5 no charge
5/10/2012 Review Scott Brazil's motion pro hac vice 0.1 no charge
5/10/2012 Review MALC's motion to file an opposition under seal 0.1 no charge
5/10/2012 Review pro hac vice motion of Rebecca Robertson 0.1 no charge
5/10/2012 Conference call with co-counsel (Dunn) to discuss Kennie
deposition/trial testimony
1.0 no charge
5/10/2012 Communications with Ezra Rosenberg 0.1 no charge
5/11/2012 Review motion for pro hac vice status to Karolina Lyznik 0.1 no charge
5/11/2012 Review TX's response to DOJ's motion for protective order 0.2 0.2
5/11/2012 Review Order granting Brazil, Roberston and Lyznik pro hac
status
0.1 no charge
5/11/2012 Review Defendant Intervenors' filing and declaration of Gary
King
0.3 no charge
5/11/2012 Review filing by AG Holder re: status of database discovery 0.2 0.2
5/11/2012 Review Notice by AG Holder of Federal Data base 0.1 0.1
5/11/2012 Communications with Ezra Rosenberg 0.2 no charge
5/12/2012 Communications with Ezra Rosenberg 0.1 no charge
5/13/2012 Communications with Ezra Rosenberg 0.1 no charge
5/15/2012 Review Additional Notice by AG Holder of Federal Data base 0.1 0.1
5/15/2012 Communications with Ezra Rosenberg 0.1 no charge
5/16/2012 Participate in Status Conference with Court and parties re:
continuing discovery issues
0.3 0.3
5/16/2012 Review order on discovery and testimony by TX legislators 0.1 0.1
5/16/2012 Communications with Ezra Rosenberg 0.4 no charge
5/17/2012 Review order seeting status conf. for 5/18. 0.1 0.1
5/17/2012 Communications with Ezra Rosenberg 0.4 no charge
5/18/2012 Review motion of John Hughes for Pro Hac Vice 0.1 no charge
5/18/2012 Review motion of Adam Mortara for Pro Hac Vice 0.1 no charge
5/18/2012 Participate in telephone conference with court and parties 0.3 0.3
Case 1:12-cv-00128-RMC-DST-RLW Document 383-2 Filed 09/10/13 Page 7 of 19
5/18/2012 Review State of TX response to court order re: discovery
requests
0.2 0.2
5/18/2012 Review Defendant AG Holder's reply to TX's opposition to
motion for Protective Order
0.3 0.3
5/18/2012 Conf Call with Intervenors' counsel re: witnesses and
discovery
1.0 no charge
5/18/2012 Communications with Ezra Rosenberg 0.2 no charge
5/19/2012 Communications with Ezra Rosenberg 0.5 no charge
5/21/2012 Review Order resolving motion to compel discovery on docs
and privilege logs
0.2 0.2
5/21/2012 Review order granting pro hac vice to Hughes and Mortara 0.1 no charge
5/21/2012 Review DOJ motion to exceed page limits 0.1 no charge
5/21/2012 Review TX motion to compel discovery with supporting
exhibits
0.5 0.5
5/21/2012 Review TX's advisory to Court re: allegedly defective
discovery (Dewhurst deposition)
0.1 0.1
5/21/2012 Review TX's motion for protective order re: depo. 0.1 0.1
5/21/2012 Review Defendant Holder's motion for protective order (re:
non-party depo) w/exhibits
0.2 0.2
5/21/2012 Review draft of Intervenors' motion to compel document
production and depo testimony
0.3 0.3
5/21/2012 Final review of Intervenors' motion to clarify and re-set expert
report deadlines
0.2 0.2
5/21/2012 Review DOJ's motion to compel discovery re: depositions,
privilege logs, with exhibits
0.4 0.4
5/21/2012 Review order denying motions to clarify or move trial date 0.2 0.2
5/21/2012 Communications with Ezra Rosenberg 0.6 no charge
5/22/2012 Communications with Ezra Rosenberg 0.5 no charge
5/23/2012 Review order denying TX's motion to file Document under
Seal
0.1 0.1
5/23/2012 Review TX's motion for extension of timere: filing privilege
logs
0.1 0.1
5/23/2012 Review TX filing re: updates to prov. logs 0.1 0.1
5/23/2012 Communications with Ezra Rosenberg 0.5 no charge
5/24/2012 Review DOJ filing re: Rep. Berman Deposition 0.1 0.1
5/24/2012 Review Order granting DOJ's motion for protective order 0.1 0.1
5/24/2012 Review order denying motion for protective order as to Rep.
Berman depo (Entered: 05/24/2012)
0.1 0.1
5/24/2012 Review notice of appearance by Flaum 0.1 no charge
5/24/2012 Review notice of appearance by Harris 0.1 no charge
5/24/2012 Review notice of appearance by Pedersen 0.1 no charge
5/24/2012 Review order granting TX' motion for extension of time (re:
privilege logs)
0.1 no charge
5/24/2012 Review AG Holder filing concerning email log (relates to DOJ
motion to compel)
0.1 0.1
5/24/2012 Review response by Mi Familia Vota Intervenors to motion to
compel and i Familia's motion for protective order
0.3 no charge
5/24/2012 Review AG Holder Memo in opp to TX's motion to compel 0.2 0.2
5/24/2012 Review TX's Memo in Opp. To AG Holder's motion to compel 0.2 0.2
5/24/2012 Communications with Ezra Rosenberg 0.4 no charge
5/25/2012 Review Order granting AG Holder's motion for protective
order.
0.1 0.1
5/25/2012 Review Notice of appearance for Michael Birney de Leeuw 0.1 no charge
Case 1:12-cv-00128-RMC-DST-RLW Document 383-2 Filed 09/10/13 Page 8 of 19
5/25/2012 Review Order compelling both TX and U.S. to file listing of
disputed privileges (U.S.) and documents under seal (TX)
0.1 0.1
5/25/2012 Review AG Holder Notice of Compliance with Order of 5/25 0.1 0.1
5/25/2012 Review AG Holder's motion to compel with logs attached 0.3 0.3
5/25/2012 Communications with Ezra Rosenberg 0.1 no charge
5/26/2012 Review TX's Notice of Complinance with 5/25 order 0.1 0.1
5/27/2012 Communications with Ezra Rosenberg 0.1 no charge
5/28/2012 Review Order concerning LT Gov Dewhurst discovery dispute 0.1 0.1
5/28/2012 Communications with Ezra Rosenberg 0.4 no charge
5/29/2012 Final review of Intervenors' opposition to TX's motion to
compel discovery and depositons
0.3 no charge
5/29/2012 Review DOJ reply to TX opposition to DOJ's motion to
compel
0.2 0.2
5/29/2012 Review TX response in opp. to DOJ's motion to compel 0.3 0.3
5/29/2012 Review TX Response to DOJ's filed privilege log 0.1 0.1
5/29/2012 Review TX's reply to DOJ's opp. To TX's motion to compel 0.1 0.1
5/29/2012 Review AG Holder motion re: sealed exhibit. 0.1 no charge
5/29/2012 Communications with Ezra Rosenberg 0.5 no charge
5/30/2012 Review notice of appearance by John McKenzie for TX 0.1 no charge
5/30/2012 Review order granting DOJ's motion re: sealed exhibit 0.1 no charge
5/30/2012 Review reply by AG Holder to TX's opp. To DOJ's motion to
compel
0.1 0.1
5/30/2012 Communications with Ezra Rosenberg 0.2 no charge
5/31/2012 Review TX's motion to modify scheduling order 0.2 0.2
5/31/2012 Discuss with Intervenors' counsel State's motion to modify
sched. Order and drafting of consolidated opposition
0.2 no charge
5/31/2012 Communications with Ezra Rosenberg 0.2 no charge
6/1/2012 Final review of Intervenors' consolidated memo opposing State
of TX's motion to modify scheduling. order
0.2 no charge
6/1/2012 Communications with Ezra Rosenberg 0.2 no charge
6/4/2012 Communications with Ezra Rosenberg 0.1 no charge
6/5/2012 Review DOJ's motion to compel discovery with exhibits 0.4 0.4
6/5/2012 Review Order regarding pending motions to compel discovery 0.2 0.2
6/5/2012 Review motion to Appear Pro Hac Vice of Donita Judge 0.1 no charge
6/5/2012 Review Order requiring TX to submit docs for in camera
review
0.1 0.1
6/5/2012 Review AG Holder's response to TX's motion to modify
scheduling order
0.1 0.1
6/5/2012 Review motion of AG Holder to modify scheduling order 0.2 0.2
6/5/2012 Communications with Ezra Rosenberg 0.1 no charge
6/6/2012 Review order requiring TX to respond to AG Holder's motion
to compel
0.1 0.1
6/6/2012 Review Joint Motion to modify scheduling order by TX 0.1 0.1
6/6/2012 Review AG Holder's notice of correction 0.1 no charge
6/6/2012 Review order granting pro hac vice status to Saenz 0.1 no charge
6/6/2012 Communications with Ezra Rosenberg 0.4 no charge
6/7/2012 Final review of Intervenors' motion to modify 5/7 sched. Order 0.2 no charge
6/7/2012 Final review of Joint motion of defendant Intervenors to
modify scheduling order
0.2 no charge
6/7/2012 Review Order granting in part motion to compel of AG Holder 0.1 0.1
Case 1:12-cv-00128-RMC-DST-RLW Document 383-2 Filed 09/10/13 Page 9 of 19
6/7/2012 Review TX's response to DOJ's motion to compel 0.2 0.2
6/7/2012 Review order granting joint motion of Intervenors' to modify
scheduling order (re: expert rebuttal)
0.1 0.1
6/7/2012 Communications with Ezra Rosenberg 0.6 no charge
6/8/2012 Review DOJ reply to TX opposition to DOJ's motion to
compel
0.2 0.2
6/8/2012 Review order re: Rep. Harless deposition 0.1 0.1
6/8/2012 Review Order as to pro hac vice for Donita Judge 0.1 no charge
6/8/2012 Review TX's response to DOJ's motion to modify 5/7
scheduling order
0.1 0.1
6/8/2012 Review order denying TX's motion to compel discovery re:
from Mi Familia
0.1 no charge
6/8/2012 Communications with Ezra Rosenberg 0.1 no charge
6/9/2012 Communications with Ezra Rosenberg 0.2 no charge
6/11/2012 Review AG Holder's reply to TX's response to DOJ's motion to
modify 5/7 scheduling order
0.2 0.2
6/11/2012 Review motion to withdraw Brianna Williams as Defendant
Intervenor
0.1 no charge
6/11/2012 Communications with Ezra Rosenberg 0.1 no charge
6/12/2012 Communications with Ezra Rosenberg 0.1 no charge
6/13/2012 Review TX's motion for protective order with exhibits 0.4 0.4
6/13/2012 Review order modifying scheduling order 0.1 0.1
6/13/2012 Review notice of appearacne for Spencer Fisher for AG Holder 0.1 no charge
6/13/2012 Review DOJ's memorandum in opposition to State's motion to
compel discovery w/exhibits
0.2 0.2
6/13/2012 Communications with Ezra Rosenberg 0.5 no charge
6/14/2012 Order denying DOJ's motion to compel 0.1 0.1
6/14/2012 Review TX's reply to opposition to motion for protective order
with exhibits
0.2 0.2
6/14/2012 Communications with Ezra Rosenberg 0.3 no charge
6/15/2012 Review Order granting in part and denying in part TX's motion 0.2 0.2
6/15/2012 Review pro hac vice motion of Rebecca M. Couto 0.1 no charge
6/15/2012 Communications with Ezra Rosenberg 0.1 no charge
6/17/2012 Communications with Ezra Rosenberg 0.2 no charge
6/18/2012 Review TX unopposed motion to modify order 0.1 no charge
6/18/2012 Conf. Call with Intervenors' counsel to discuss trial witnesses 1.0 1
6/18/2012 Review order requiring TX to produce 30(b)(6) deposition
witness
0.1 0.1
6/18/2012 Communications with Ezra Rosenberg 0.2 no charge
6/19/2012 Review order granting TX motion to modify 0.1 no charge
6/19/2012 Review order granting Couto pro hac vice status 0.1 no charge
6/20/2012 Review TX motion to extend time to file findings of fact 0.2 0.2
6/20/2012 Review State of TX motion in limine (re: excluding testimony
based on legislative privilege)
0.3 0.3
6/20/2012 Review State of TX motion to exclude witness of TX League
Young Boters
0.2 no charge
6/20/2012 Review TX's motion and memo in limine to exclude testimony
of Kennie Intervenors' expert Dr. Allan J. Lichtman
0.6 0.6
6/20/2012 Review TX's motion and memo in Limine to Preclude
Evidence and Drawing Adverse Inference Based on
Legislators' Assertion of Legislative Privilege
0.5 0.5
Case 1:12-cv-00128-RMC-DST-RLW Document 383-2 Filed 09/10/13 Page 10 of 19
6/20/2012 Review State of TX's Live Witness List 0.2 0.2
6/20/2012 Review TX's motion and memo in limine re: Subjective Intent
of Legislators
0.3 0.3
6/20/2012 Final review and edits to Consolidated Intervenors' intended
witness list
0.4 0.4
6/20/2012 Review State of TX Proposed Findings of Fact 0.8 0.8
6/20/2012 Review DOJ's listing of trial witnesses 0.2 0.2
6/20/2012 Review TX's motion and memo in limine to exclude testimony
of expert witness Dr. Morgan Kousser
0.8 no charge
6/20/2012 Review Appendix and attachments to State's Proposed
Findings of Fact filed by State of Texas
1.4 1.4
6/20/2012 Additional Review of Appendix and attachments to State's
Proposed Findings of Fact filed by State of Texas
0.6 0.6
6/20/2012 Communications with Ezra Rosenberg 0.4 no charge
6/21/2012 Legal research and review of cases cited in TX's motion in
limine to exclude testimony of Kennie Intervenors' expert
0.9 0.9
6/21/2012 Review motion by AG Holder to Take Judicial Notice of
Census Data
0.3 0.3
6/21/2012 Communications with Ezra Rosenberg 0.3 no charge
6/22/2012 Review motion to witndraw defendant intervenor by TX
League of Young Voters
0.1 no charge
6/22/2012 Review motion in limine to exclude expert testimony with
exhibits filed by AG Holder
0.5 0.5
6/23/2012 Review Jorge Sanchez's motion to appear Pro Hac Vice 0.1 no charge
6/23/2012 Draft Memo in Opposition to State of TX's motion to exclude
testimony of Kennie Intervenors' expert witness Dr. Lichtman
2.8 2.8
6/23/2012 Communications with Ezra Rosenberg 0.1 no charge
6/24/2012 Additional Drafting of Memo in Opposition to State of TX's
motion to exclude testimony of Kennie Intervenors' expert
witness Dr. Lichtman
1.7 1.7
6/24/2012 Redrafting & editing to memo in opposition to State's motion
in limine to preclude adverse inference based on assertion of
legislative privilege
0.5 0.5
6/24/2012 Redrafting & editing to memo in opposition to State's motion
in limine to preclude testimony protected by legislative
privilege
0.6 0.6
6/24/2012 Communications with Ezra Rosenberg 0.3 no charge
6/25/2012 Review Proposed Findings of Fact by AG Holder 1.3 1.3
6/25/2012 Review Exhibit Index by AG Holder 0.2 0.2
6/25/2012 Final Edits to Memorandum in opposition to TX's motion in
limine to exclude Testimony of Kennie expert Dr. Allan
Lichtman
0.5 0.5
6/25/2012 Review minute order re: pretrial conference date 0.1 0.1
6/25/2012 Review TX's Memo in Opp. to Motion in limine to exclude
testimony of Major Mitchell with exhibits
0.3 no charge
6/25/2012 Review filing of supplemental appendix by State of Texas re:
proposed findings of fact
0.2 0.2
6/25/2012 Review AG Holder's memo in opp. To State's motion in limine
re: assertion of legislative privilege
0.4 0.4
6/25/2012 Review AG Holder's memo in opp. To State's motion in limine
re: subjective intent of individual legislators
0.3 0.3
Case 1:12-cv-00128-RMC-DST-RLW Document 383-2 Filed 09/10/13 Page 11 of 19
6/25/2012 Review memorandum of TX League of Young Voters in
opposition to TX's motion in limine to Preclude Testimony of
Newly Disclosed Witnesses with exhibits
0.4 no charge
6/25/2012 Review DOJ memo in opposition to State's motion in limine to
preclude testimony based on legislative privilege
0.3 0.3
6/25/2012 Review DOJ Deposition Designations 0.5 0.5
6/25/2012 Review Memorandum in opposition to motion in limine to
Exclude Testimony of J. Morgan Kousser with exhibits
0.4 no charge
6/25/2012 Communications with Ezra Rosenberg 0.2 no charge
6/26/2012 Review Defendant Intervenors notice of removal of Dorothy
Tates from witness list
0.1 no charge
6/26/2012 Review of motion to Take Judicial Notice to be filed by
defendant intervenors
0.2 no charge
6/26/2012 Prepare additions to draft of Defendant Intervenors' Proposed
Findings of Fact
0.7 0.7
6/26/2012 Select and designate deposition excerpts for clients (Kennie,
Burns), Sen. Ellis, Wood.
0.4 0.4
6/26/2012 Communications with Ezra Rosenberg 0.9 no charge
6/27/2012 Review order granting motion to withdraw Williams as
defendant intervenor
0.1 no charge
6/27/2012 Review agreement between parties re: DOJ's motion in limine 0.2 no charge
6/27/2012 Review Order granting additional time to file motion in limine
re: Dr. Sager
0.1 no charge
6/27/2012 Review order withdrawing Johnson as defendant intervenor 0.1 no charge
6/27/2012 Communications with Ezra Rosenberg 0.9 no charge
6/28/2012 Review motion of Asha Spencer to appear Pro Hac Vice 0.1 no charge
6/28/2012 Review order granting Spencer pro hac vice status 0.1 no charge
6/28/2012 Communications with Ezra Rosenberg 0.1 no charge
6/29/2012 Review order directing Holder to file exhibits 0.1 no charge
6/29/2012 Review AG Holder's Erratum re: Findings of fact 0.1 no charge
6/29/2012 Review Stipulation re: motion in Limine to Exclude Expert
Testimony
0.1 0.1
6/29/2012 Review state's reply to opposition to motion in limine 0.3 0.3
6/29/2012 Review state's reply to opposition to motion in limine re: TX
League of Young Voters' re: newly disclosed witness
0.3 no charge
6/29/2012 Review State's reply to opposition to motion in limine to
preclude adverse inference based on assertion of legisaltive
privilege
0.3 0.3
6/29/2012 Review State's reply to opposition to motion in limine to
preclude testimony protected by legisaltive privilege
0.3 0.3
6/29/2012 Review State's reply to opposition to motion in limine to
preclude testimony of Dr. Morgan Kousser
0.3 no charge
6/29/2012 Review State's reply to opposition to motion in limine to
preclude testimony of Kennie Intervenors' expert Dr. Allan
Lichtman
0.4 0.4
6/29/2012 Review motion pro hac vice for Luis Figueroa 0.1 no charge
6/29/2012 Review Doj REPLY TO TX opposition to DOJ's motion in
limine to exclude documents/testimony of Major Mitchell
0.3 no charge
6/29/2012 Review State of TX's counter designations and objections to
depo designations
0.3 0.3
6/29/2012 Communications with Ezra Rosenberg 0.5 no charge
Case 1:12-cv-00128-RMC-DST-RLW Document 383-2 Filed 09/10/13 Page 12 of 19
6/30/2012 Review TX's notice of correction 0.1 no charge
6/30/2012 Review Defendant Intervenors' Errata 0.1 no charge
6/30/2012 Communications with Ezra Rosenberg 0.2 no charge
7/1/2012 Review DOJ's Trial Exhibits 0.3 0.3
7/1/2012 Review TX's response to Defendant-Intervenors' Proposed
Findings of Fact and Conclusions of Law
0.4 0.4
7/1/2012 Review TX's response re; Proposed Findings of Fact and
Conclusions of Law
0.3 0.3
7/1/2012 Review filing of exhibits and attachments by TX 0.3 no charge
7/1/2012 Review order granting Figueroa pro hac vice status 0.1 no charge
7/1/2012 Tele Conf/Meeting of Interevneors' counsel re: trial
preparation
2.0 no charge
7/1/2012 Meet with and prepare Dr. Lichtman for Deposition 2.3 2.3
7/1/2012 Communications with Ezra Rosenberg 0.7 no charge
7/2/2012 Review DOJ's Trial Exhibits 0.6 0.6
7/2/2012 Review DOJ's motion for immediate relief re: State's response
to proposed findings of fact
0.3 0.3
7/2/2012 Review DOJ's advisory re: stricken proposed findings &
conclusions
0.2 0.2
7/2/2012 Communication with Ezra Rosenberg re: whether to join DOJ
filing re: inadequacy of TX's response to findings of fact
0.1 0.1
7/2/2012 Review exhibit list of State of TX 0.2 0.2
7/2/2012 Deposition by TX of Kennie Intervenors' Expert Witness Dr.
Lichtman
6.8 6.8
7/2/2012 Review Notice by TX of Stipulation re: expert testimony 0.1 0.1
7/2/2012 Review Advisory filed by DOJ concerning stricken portions of
proposed findings
0.2 no charge
7/2/2012 Review Proposed Findings of Fact by Defendant Eric Holder 0.3 0.3
7/2/2012 Review Expert Deposition Designations by Defendant Eric
Holder
0.4 0.4
7/2/2012 Make additions to Defendant Intervenors Trial Exhibits for
filing
0.3 0.3
7/2/2012 Review DOJ notice of Trial Exhibit List 0.2 0.2
7/2/2012 Communications with Ezra Rosenberg 0.5 no charge
7/3/2012 Review State of TX response to DOJ motion for immediate
relief
0.4 no charge
7/3/2012 Review errata by State of TX re: proposed findings of fact 0.1 0.1
7/3/2012 Review motion of Thomas Saenz for pro hac vice 0.1 no charge
7/3/2012 Review Intervenors' clarification of trial exhibit listing 0.1 no charge
7/3/2012 Review Texas' Filing Supplement to Joint Appendix 0.1 0.1
7/3/2012 Review motion re: Camarillo testimony 0.2 no charge
7/3/2012 Review order re: extension of time 0.1 no charge
7/3/2012 Review State's motion to seal document 0.1 no charge
7/3/2012 Review order declaring motion in limine moot 0.1 no charge
7/3/2012 Review order denying Defendant Holder's motion for
immediate relief
0.1 0.1
7/3/2012 Review order denying TX's motion in limine re: adverse
inference based on legislative privilege
0.1 0.1
7/3/2012 Review order granting TX's motion in limine to preclude
testimony of RX League of Young Voters' newly disclosed
witness
0.1 no charge
7/3/2012 Review order granting motion to take judicial notice of census 0.1 0.1
7/3/2012 Review order denying TX's motion in limine re: legislative
privilege
0.1 0.1
7/3/2012 Review Order denying TX's motion in limine to exclude
testimony of Kennie Intervenors' expert, Dr. Lichtman
0.1 0.1
Case 1:12-cv-00128-RMC-DST-RLW Document 383-2 Filed 09/10/13 Page 13 of 19
7/3/2012 Review Order denying TX's motion in limine to exclude
testimony of K expert, Dr. Kousser
0.1 0.1
7/3/2012 Review order denying Defendant Holder's motion in limine to
exclude testimony of Major Mitchell
0.1 0.1
7/3/2012 Review Order denying TX's motion in limine to preclude
evidence regarding subjective intent of individual legisaltors
0.1 0.1
7/3/2012 Review TX's advisory re: deposition designations 0.1 0.1
7/3/2012 Review DOJ's motion to take Judicial Notice of Senate Rules 0.2 0.2
7/3/2012 Review order re: hyperlinks in proposed findings of fact 0.1 0.1
7/3/2012 Review notice of appearance by Richard Dellheim for AG
Holder
0.1 no charge
7/3/2012 Communications with Michelle Yeary and Ezra Rosenberg re:
preparation of consolidated reply to TX's failure to offer
counter designations (for filing on 7/5)
0.2 0.2
7/3/2012 Communications with Brian Raphael/Ezra Rosenberg re:
preparation of hyperlinked findings of fact and Hebert
additions to proposed findings of fact re: Lichtman critique of
TX's experts
0.2 0.2
7/3/2012 Communications with Ezra Rosenberg 1.1 no charge
7/4/2012 Review notice of appearance by Bryan Sells for AG Holder 0.1 no charge
7/4/2012 Review DOJ reply re: proposed findings of fact 0.1 0.1
7/4/2012 Revisions to reply of Defendant Intervenors proposed findings
of fact
0.6 0.6
7/4/2012 Communications with Ezra Rosenberg 1.0 no charge
7/5/2012 Review TX's filing supplemental reply appendix 0.2 0.2
7/5/2012 Review order re: witness lists of AG Holder and Defendant-
Intervenors and scheduling issues
0.1 0.1
7/5/2012 Final revisions and review of Defendant-Intervenors objections
and counter designations of deposition testimony
0.2 0.2
7/5/2012 Review order changing time of telephonic status conference
with court and parties (7/6)
0.1 0.1
7/5/2012 Review AG Holder's Reply regarding deposition designations 0.2 0.2
7/5/2012 Communications with Ezra Rosenberg 0.6 no charge
7/6/2012 Edit/revise counter proposed findings of fact/deposition
designations
0.2 0.2
7/6/2012 Revisions to Defendant-Intervenors witness list and order of
witnesses
0.2 0.2
7/6/2012 Communications with Ezra Rosenberg to coordinate the order
of witnesses at trial for all Defendant-Intervenors and AG
Holder
0.2 0.2
7/6/2012 Review order granting TX motion to file under seal 0.1 0.1
7/6/2012 Review order granting motion re: Camarillo testimony 0.1 0.1
7/6/2012 Review order granting motion to take judicial notice 0.1 0.1
7/6/2012 Conf. Call with Intervenors' counsel re: case prep 1.0 no charge
7/6/2012 Review TX's motion extension of time re: JT. Req. for Judicial
notice
0.1 no charge
7/6/2012 Review TX's response to Defendant Intervenors' motion for
judicial notice
0.1 0.1
7/6/2012 Review filing by DOJ Listing order of trial witnesses 0.1 0.1
7/6/2012 Participate in telephonic conference call with court and parties
re: witnesses and trial
0.5 0.5
7/6/2012 Review notice of appearance of Matthew Colangelo for AG
Holder
0.1 no charge
7/6/2012 Communications with Ezra Rosenberg 1.9 no charge
7/7/2012 Communications with Ezra Rosenberg 0.6 no charge
Case 1:12-cv-00128-RMC-DST-RLW Document 383-2 Filed 09/10/13 Page 14 of 19
7/8/2012 Review Order Overruling TX's objection to live witness and
depo designations.
0.2 0.2
7/8/2012 Trial Preparation. Review witness depositions, exhibits 6.5 6.5
7/8/2012 Communications with Ezra Rosenberg 0.3 no charge
7/9/2012 Final review/edits to reply to State of TX's opposition to
Defendant-Intervenors' motion for judicial notice
0.1 no charge
7/9/2012 Review Pro Hac Vice motion of Reynolds Brissenden for TX. 0.1 no charge
7/9/2012 Review motion to withdraw by O'Connor 0.1 no charge
7/9/2012 Review order granting pro hac vice to Brissenden 0.1 no charge
7/9/2012 Review order granting O'Connor mot. to withdraw 0.1 no charge
7/9/2012 Review TX's designations of Senator Uresti's Deposition 0.2 0.2
7/9/2012 Attend and participate in trial. Witnesses: Ingram, Aliseda,
Mitchell, Williams, & Sager 9-5:30
8.5 8.5
7/9/2012 Trial Preparation. Review notes of trial testimony from that
day. Review witness depositions, exhibits, prepare witness
outlines
5.3 5.3
7/9/2012 Communications with Ezra Rosenberg 0.1 no charge
7/10/2012 Review Order granting Defendant Intervenors' motion to take
judicial notice of facts
0.1 0.1
7/10/2012 Attend and participate in trial. Witnesses: Professor Sager
(cont.), Martinez Fischer, Anchia, Professor Kousser, and
Rodriguez 9-5:30
8.5 8.5
7/10/2012 Trial Preparation. Review notes of trial testimony from that
day (1.3). ReviewWood and Ellis depositions (1.7) , exhibits,
prepare witness outlines (0.5) , prepare Sen. Ellis (2.5) and
Buck Wood (2.0) for trial testimony
8.0 8
7/11/2012 Attend and participate in trial. Witnesses: Shaw, Rodriguez,
Camarillo, Rev. Jackson, Senator Ellis, Buck Wood, Professor
Flores, Dr. Marker, Senator Uresti (video)
8.5 8.5
7/11/2012 Trial Preparation. Review notes of trial testimony from that
day(0.5). Review witness depositions (0.9), exhibits, prepare
witness outlines(1.1), prepare Sen. Davis (2.1) and Dr.
Lichtman (2.0) for trial testimony
6.5 6.5
7/12/2012 Review TX's counter expert witness deposition designations 0.2 0.2
7/12/2012 Review Amended List of Trial Exhibits and Second
Supplemental Appendixfor Defendant Intervenors
0.1 no charge
7/12/2012 Review reply designation for Sen. Uresti by AG Holder 0.2 0.2
7/12/2012 Review filing by DOJ of Apache County opinion 0.2 0.2
7/12/2012 Review expert witness reply depo designations by AG Holder
w/exhibits
0.2 0.2
7/12/2012 Attend and participate in trial. Trial Witnesses: Senator Carlos
Uresti (video), Senator Wendy Davis, Dr. Allan Lichtman, and
Professor Ansolabehere.
8.5 8.5
7/12/2012 Communication and coordination w/E. Rosenberg re: closing
argument
0.5 0.5
7/12/2012 Prepare outline of closing argument with notes 3.8 3.8
7/12/2012 Prepare PowerPoint presentation for use in closing argument 1.6 1.6
7/13/2012 Review TX Advisory regarding EIC's (Election Ident. Cert.)
w/exhibits
0.3 0.3
7/13/2012 Review Mi Familia's advisory clarifying docs needed to obtain
EIC
0.2 no charge
7/13/2012 Trial. Closing Arguments. 3.5 3.5
7/13/2012 Review Defendant-Intervenors' Notice Withdrawing Trial
Exhibits
0.1 no charge
Case 1:12-cv-00128-RMC-DST-RLW Document 383-2 Filed 09/10/13 Page 15 of 19
7/14/2012 Review DOJ Objections to State's Trial Exhibits (filed last day
of trial)
0.5 0.5
7/14/2012 Review DOJ's revised trial exhibit list (filed last trial day) 0.2 0.1
7/17/2012 Review DOJ's filing of exhibits 579-598 0.1 no charge
7/17/2012 Review TX's notice regarding DPS data and VRNID data 0.1 0.1
7/17/2012 Review TX's filing exhibit under seal 0.1 no charge
7/17/2012 Review TX's objections to Defendant-Intervenors' Trial
Exhibits
0.4 0.4
7/17/2012 Review TX's objections to AG Holder's Trial Exhibits 0.5 0.5
7/17/2012 Review Response Defendant Intervenors' Objection to State of
Texas's Trial Exhibits
0.1 no charge
7/18/2012 Review TX'smotion to file exhibit B under seal 0.1 0.1
7/18/2012 Review State of TX's revised trial exhibit list 0.2 0.2
7/18/2012 Review filing of trial exhibits by Texas 0.1 0.1
7/19/2012 Review motion to seal exhibits by Texas 0.2 0.2
7/19/2012 Communication from state regarding return to TX of data base
disks
0.1 0.1
7/19/2012 Review Texas' Notice of filing under seal 0.1 no charge
7/19/2012 Review Defendant Intervenors' response to TX's objections to
Defendant Intervenors' trial exhibits
0.2 no charge
7/19/2012 Communications with Ezra Rosenberg 0.1 no charge
7/23/2012 Communications with co-counsel (Ezra Rosenberg) about
gathering all data base disks from Defendant-Intervenors and
returning them to State of TX counsel (at state's request)
0.2 0.2
7/23/2012 Review order granting TX's motion for to File exhibits under
seal
0.1 0.1
7/26/2012 Review response by AG Holder to TX's objections to
Defendant's trial exhibits
0.2 0.2
7/26/2012 Review AG Holder's response re: EICs 0.1 no charge
7/26/2012 Communications with Ezra Rosenberg 0.2 no charge
7/27/2012 Communications with Ezra Rosenberg 0.2 no charge
7/31/2012 Communications with Ezra Rosenberg 0.2 no charge
8/1/2012 Communications with Ezra Rosenberg 0.1 no charge
8/3/2012 Review filing for Defendant Intervenors of recent photo ID
opinion
0.1 no charge
8/6/2012 Communications with Ezra Rosenberg 0.1 no charge
8/20/2012 Review AG's filing of Notice of Determination 0.1 0.1
8/28/2012 Communications with Ezra Rosenberg 0.4 no charge
8/30/2012 Read opinion of three judge court 1.9 1.9
8/30/2012 Review order denying Texas's request for judicial preclearance
of Senate Bill 14 and ordering submission of joint schedule.
0.1 0.1
8/30/2012 Communications with Ezra Rosenberg 0.3 no charge
9/5/2012 Review AG Holder's filing of Section 5 determination 0.1 0.1
9/5/2012 Communications with Ezra Rosenberg 0.2 no charge
9/6/2012 Communications with Ezra Rosenberg 0.1 no charge
9/12/2012 Review AG Holder filing re: proposed briefing schedule for
Claim II
0.1 0.1
9/12/2012 Review AG Holder's filing of no-determination letter 0.1 0.1
9/13/2012 Communications with Ezra Rosenberg 0.1 no charge
9/14/2012 Review order setting briefing schedule on Claim II
(constitutionality)
0.1 0.1
9/14/2012 Communications with Ezra Rosenberg 0.1 no charge
9/21/2012 Review DOJ motion for extension of time to file response to
TX filing
0.1 no charge
9/24/2012 Review Order granting extension to all defendants (including
Interv.)
0.1 0.1
Case 1:12-cv-00128-RMC-DST-RLW Document 383-2 Filed 09/10/13 Page 16 of 19
10/1/2012 Review State's motion for summary judgment 1.1 1.1
10/3/2012 Conf. call among all Defendant Intervenors to discuss drafting
responsibilities/division of labor & issues raised by TX motion
for summary judgment
1.2 no charge
10/12/2012 Communications with Ezra Rosenberg 0.1 no charge
10/15/2012 Communications with Ezra Rosenberg 0.1 no charge
10/19/2012 Review draft memorandum in opposition to State's Motion for
Summary Judgment and offer edits and comments to same
0.5 0.5
10/21/2012 Communications with Ezra Rosenberg 0.1 no charge
10/22/2012 Final review Intervenors' cross motion for summary judgment 1.0 no charge
10/22/2012 Review DOJ's motion for summary judgment on Claim II
w/exhibits
0.5 no charge
10/22/2012 Communications with Ezra Rosenberg 0.1 no charge
10/26/2012 Communications with Ezra Rosenberg 0.1 no charge
10/31/2012 Review order granting TX's telephone request to exceed page
limits
0.1 0.1
10/31/2012 Review State of TX Memorandum in opposition to Cross
motions for summary judgment
0.3 0.3
11/1/2012 Review State of Texas' reply to Defendant and Intervenors'
opposition to State's motion for summary judgment
0.3 0.3
11/1/2012 Communications with Ezra Rosenberg 0.1 no charge
11/8/2012 Communications with Ezra Rosenberg 0.1 no charge
11/11/2012 Communications with Ezra Rosenberg 0.1 no charge
11/12/2012 Communications with Ezra Rosenberg 0.1 no charge
11/13/2012 Review DOJ reply to State's opposition to cross motions for
summary judgment
0.3 0.3
11/13/2012 Review final draft of memorandum in opposition to State's
motion for sumamry judgment. Communicate to E. Rosenberg
re: same
0.1 0.1
11/13/2012 Review AG Holder's memorandum in opposition to State's
motion for Summary Judgment
0.3 0.3
11/13/2012 Communications with Ezra Rosenberg 0.3 no charge
11/16/2012 Review order requiring parties to meet and confer on deferring
ruling
0.1 0.1
11/16/2012 Communications with Ezra Rosenberg 0.1 no charge
11/26/2012 Communications with Ezra Rosenberg 0.1 no charge
11/28/2012 Review Berkower motion to withdraw as attorney for Holder 0.1 no charge
11/28/2012 Review order granting motion to withdraw (Berkower) 0.1 no charge
11/28/2012 Edits to notice by Intervenors in response to court order about
deferring ruling until Shelby County decision
0.1 0.1
11/28/2012 Communications with Ezra Rosenberg 0.2 no charge
11/29/2012 Review notice by AG Holder. 0.1 0.1
11/29/2012 Review State of TX's response to court order re: deferring a
ruling until Shelby County is decided
0.2 0.2
11/29/2012 Communications with Ezra Rosenberg 0.2 no charge
11/30/2012 Review motion for entry of judgment by State of TX with
supporting memo
0.2 0.2
11/30/2012 Communications with Ezra Rosenberg 0.1 no charge
12/7/2012 Communications with Ezra Rosenberg 0.1 no charge
12/11/2012 Communications with Ezra Rosenberg 0.1 no charge
Case 1:12-cv-00128-RMC-DST-RLW Document 383-2 Filed 09/10/13 Page 17 of 19
12/12/2012 Draft and make edits to Defendant-Intervenors' memorandum
in opposition toTX's motion for Entry of Final Judgment as to
Claim One
0.3 0.3
12/13/2012 Communications with Ezra Rosenberg 0.1 no charge
12/14/2012 Review response by AG Holder to TX's motion for Entry of
Final judgment
0.2 0.2
12/14/2012 Communications with Ezra Rosenberg 0.1 no charge
12/17/2012 Review order pursuant to rule 54, FRCP. 0.1 0.1
12/17/2012 Review TX's notice of appeal to Supreme Court 0.1 0.1
12/18/2012 Tele. Conf call with clients re: notice of appeal by TX 0.3 0.3
12/18/2012 Communications with Ezra Rosenberg 0.2 no charge
12/20/2012 Communications with Ezra Rosenberg 0.1 no charge
12/21/2012 Review order granting unopposed motion to hold attys fees in
abeyance
0.1 0.1
1/4/2013 Communications with Ezra Rosenberg 0.1 no charge
1/18/2013 Communications with Ezra Rosenberg 0.1 no charge
2/8/2013 Review Couto motion to withdraw as counsel for Mi Familia 0.1 no charge
2/8/2013 Review order granting Couto motion to withdraw 0.1 no charge
2/19/2013 Edit Reply to State's Opposition to Kennie Intervenors' Motion
to Intervene
0.3 0.3
2/19/2013 Communications with Ezra Rosenberg 0.1 no charge
2/21/2013 Communications with Ezra Rosenberg 0.1 no charge
2/24/2013 Communications with Ezra Rosenberg 0.1 no charge
3/1/2013 Communications with Ezra Rosenberg 0.1 no charge
4/18/2013 Communications with Ezra Rosenberg 0.1 no charge
4/19/2013 Communications with Ezra Rosenberg 0.1 no charge
4/24/2013 Review Ho's motion to withdraw as counsel 0.1 no charge
4/24/2013 Review order granting Ho's motion to withdraw 0.1 no charge
4/24/2013 Communications with Ezra Rosenberg 0.2 no charge
5/3/2013 Communications with Ezra Rosenberg 0.1 no charge
5/10/2013 Communications with Ezra Rosenberg 0.1 no charge
5/14/2013 Review Boddie's motion to withdraw as counsel 0.1 no charge
5/14/2013 Review order granting Boddie motion to withdraw 0.1 no charge
5/15/2013 Review Adegbile's motion to withdraw as counsel 0.1 no charge
5/16/2013 Review order granting Adegbile's motion to withdraw 0.1 no charge
5/23/2013 Review order granting dOJ's motion to exceed page limit 0.1 no charge
6/20/2013 Review TX's deposition designations 0.3 0.3
6/26/2013 Communications with Ezra Rosenberg 0.3 no charge
6/27/2013 Review judgment/ruling of U.S. Supreme Court 0.1 0.1
7/11/2013 Review Flaum's motion to withdraw as counsel 0.1 no charge
7/12/2013 Review State of TX Corrections to Sager Supp. Declaration 0.2 0.2
7/12/2013 Review order granting Flaum's motion to withdraw 0.1 no charge
7/25/2013 Review filing by DOJ of Shelby County decision 0.1 0.1
8/1/2013 Communications with Ezra Rosenberg 0.2 no charge
8/8/2013 Review Motion to Dismiss filed by State of TX 0.2 0.2
8/21/2013 Communications with Ezra Rosenberg 0.3 no charge
8/22/2013 Review DOJ response to State's motion to dismiss 0.1 0.1
8/22/2013 Edits to response of intervenors to state's motion to dismiss 0.2 0.2
8/22/2013 Review separate filing by Mi Familia intervenors 0.1 no charge
Case 1:12-cv-00128-RMC-DST-RLW Document 383-2 Filed 09/10/13 Page 18 of 19
8/22/2013 Communications with Ezra Rosenberg 0.1 no charge
8/27/2013 Review order granting TX's motion to dismiss 0.1 0.1
8/28/2013 Initial Draft outline of motion for attys fees and expenses 1.5 1.5
8/30/2013 Legal Research on fees motions in DC court/Supreme Court 5.5 5.5
9/2/2013 Draft Motion for attorneys' fees and expenses 4.9 4.9
9/4/2013 Edits to Fee Motion 1.3 1.3
9/4/2013 Communications with Ezra Rosenberg 0.1 no charge
9/5/2013 Draft Hebert Declaration for Fee Motion 3.0 3
9/7/2013 Review Time Sheets for attaching to fee motion 2.1 2.1
9/7/2013 Communications with Ezra Rosenberg 0.1 no charge
9/8/2013 Review Time Sheets for attaching to fee motion 1.9 1.9
9/8/2013 Review Lichtman Invoice from 8/2/2012 0.1 no charge
9/8/2013 Communications with Ezra Rosenberg 0.1 no charge
9/9/2013 Review Dunn Time Sheets 1.0 no charge
9/9/2013 Review Brazil Time Sheets 0.5 no charge
TOTAL HOURS 271.7 182.4
Case 1:12-cv-00128-RMC-DST-RLW Document 383-2 Filed 09/10/13 Page 19 of 19
EXHIBIT C
STATE OF TEXAS v. HOLDER, No. 12-0128 (D.D.C.)
Part I
Cases In Which J. Gerald Hebert Has Served As Legal Counsel for the United States
Listed below are cases in which I have appeared as legal counsel. I have divided the
cases into two categories: 1) those cases where I served as lead attorney for the Government and
the Government was a party to the lawsuit; and 2) those cases where I served as lead attorney for
the Government and the Government participated as amicus curiae. Cases marked with an
asterisk * are cases involving Section 2 of the Voting Rights Act, those marked with a double
asterisk ** are Section 4 or 5 Voting Rights Act cases, and those marked with a triple asterisk
*** are language minority cases under the Voting Rights Act (Section 203 cases).
1. Voting rights cases where I served as lead counsel for the United States
in the trial court and the United States was a party to the litigation:
Bolden and United States v. City of Mobile, 446 U.S. 55 (1980)
Johnson v. DeGrandy, 512 U.S. 997 (1994) *
County Council of Sumter County, South Carolina v. United States, 555 F. Supp. 694 (D.D.C.
1983) (3-judge court) **
Shaw v. Barr, C.A. No. 92-202-CIV-5-BR (E.D.N.C. 1992)(three-judge court), reversed sub
nom. Shaw v. Reno, 113 S. Ct. 2816 (1993)
City of Port Arthur, Texas v. U.S., 459 U.S. 159 (1982) **
Brown and United States v. Board of School Commissioners of Mobile County, 706 F.2d 1103
(11th Cir. 1983)
United States v. Dallas County Commission, 850 F.2d 1430 (11th Cir. 1988)*
United States v. Marengo County Commission, 811 F.2d 619 (11th Cir. 1987) *
United States v. State of South Carolina and Horry County, C.A. No. 79-2467-5 (D. So.
Car.)(three-judge court) **
State of Mississippi v. United States, No. 87-3464 (D.D.C.)(three-judge court) **
United States v. State of Georgia, No. 1:90-CV-1749-RCF (N.D. Ga.) *
Case 1:12-cv-00128-RMC-DST-RLW Document 383-3 Filed 09/10/13 Page 1 of 19
2
Georgia v. Reno, C.A. No. 90-2065 (D.D.C. 1995)(three-judge court) **
United States v. State of Arizona, CV 88-1989 PHX EHC (D. Ariz.)***
United States v. Socorro County, New Mexico, C.A. No. 93-1244-JP (D. N.M.) ***
United States v. Brooks County, GA, No. 90-105-Thom (M.D. Ga.)*
United States v. State of Wisconsin, No. 92C-0263-S (W.D. Wisc.)
United States v. McKinley County, NM, No. 86-0028-M (D. N.M.)***
United States v. State of South Carolina, No. 3:90-760-17
(D. SO. CAR.)(three-judge court) **
United States v. Cibola County, NM, No. CIV93-1134 SC (D. N.M.)***
United States v. Lawrence County, MS,(S.D. Miss. 1983)(three-judge court) **
United States v. City of Demopolis, (S.D. Ala. 1986) *
United States v. Laurens County, SC, C.A. No. 6:87-1817-3 (D.S.C. 1987) *
United States v. City of Spartanburg, SC, (D.S.C. 1987)*
United States v. Town of Zebulon, GA, (N.D. Ga.) *, **
United States v. Wilkes County Board of Ed., (S.D. Ga.)
United States v. County Council of Sumter County, SC, (D.S.C.)(three-judge court) **
United States v. Town of Indian Head, MD, (D. Md.) *
United States v. City of Laurel, MS, (S.D. Miss. 1981) *
United States v. County Council of Colleton County, SC, No. 78-903 (D.S.C. 1981)(three-judge
court) **
United States v. City of Houston, TX, No. 91-3076 (S.D. Tex.)(three-judge court)**
United States v. Victoria ISD, TX, C.A. No. V-86-17 (S.D. Tex. 1986)(three-judge court) **
United States v. City of Barnwell, SC, No. 1:84-2508-6 (D.S.C. 1986) **
Case 1:12-cv-00128-RMC-DST-RLW Document 383-3 Filed 09/10/13 Page 2 of 19
3
Medina County, TX v. United States,(D.D.C.)(three-judge court) **
Gregg County, TX v. United States,(D.D.C.)(three-judge court) **
United States v. Jones, 846 F. Supp. 955 (S.D. Ala. 1994) *
United States v. City of Augusta, GA, (S.D. Ga.) *
United States v. Wicomico County, MD, No. MJG-87-2557 (D. Md. 1991) *
United States v. East Baton Rouge Parish School Board, LA, C.A. No. 76-252 (M.D. La.) *
2. Cases where J. Gerald Hebert served as lead counsel for the United States
in the trial court and the United States appeared as amicus curiae in the
litigation:
Blanding v. Dubose, 454 U.S. 393 (1982) (I represented the United States as amicus curiae before
the three-judge court in this successful lawsuit brought to enforce Section 5 of the Voting Rights
Act) **
Lodge v. Buxton, aff'd sub nom. Rogers v. Lodge, 458 U.S. 613 (1982)(I represented the United
States as amicus curiae before the United States Court of Appeals for the Eleventh Circuit in this
successful lawsuit brought under the Voting Rights Act and the United States Constitution) *
Martin v. Mabus, 700 F.Supp. 327 (S.D. Miss. 1988)(three-judge court)(remedy)(I represented the
United States as amicus curiae before the three-judge court in this successful lawsuit brought to
enforce Section 5 of the Voting Rights Act) **
SCLC v. Siegelman, C.A. No. 88-D-462-N (M.D. Ala.)(I represented the United States which filed
a brief as amicus curiae in this lawsuit brought by private plaintiffs to enforce Section 5 of the
Voting Rights Act) **
Clark v. Roemer, C.A. No. 86-435 (M.D. La.)(three-judge court)(I represented the United States
which filed a brief as amicus curiae in this lawsuit brought by private plaintiffs to enforce Section
5 of the Voting Rights Act) **
Lopez v. Monterey County, California, No. C-91-20559-RMW (EAI) (N.D. Cal.)(three-judge
court) (I represented the United States which filed a brief as amicus curiae in this lawsuit brought
by private plaintiffs to enforce Section 5 of the Voting Rights Act)**
Case 1:12-cv-00128-RMC-DST-RLW Document 383-3 Filed 09/10/13 Page 3 of 19
4
Part II
Voting Rights and Election Cases In Which J. Gerald Hebert Has Served As Legal Counsel
As a Solo Practitioner (1994 to the Present)
Listed below are cases in which I have appeared as legal counsel in my solo law practice,
1994 to the present. Cases marked with an asterisk * are cases involving Section 2 of the Voting
Rights Act, those marked with a double asterisk ** are Section 4 or 5 Voting Rights Act cases, and
those marked with a triple asterisk *** are language minority cases under the Voting Rights Act
(Section 203 cases). Cases in bold are cases where I served as lead counsel for the party I
represented:
1994 to 2000:
CITY OF ANDREWS, TX V. RENO, No. 1:95CV01477 (D.D.C. 1996)(three-judge court) (I
represented the City of Andrews, Texas in this lawsuit against the United States Attorney General
in which the City obtained a declaratory judgment that changes adopted by the City were entitled to
preclearance under Section 5 of the Voting Rights Act)**
DILLARD v. CITY OF FOLEY, AL, No. CV 87-T-1213-N (M.D. Ala.)(I represented private
plaintiffs in this successful challenge under Section 2 of the Voting Rights Act and Constitution to
the City of Foley's racially selective annexation policy) *
FOREMAN v. COMMISSIONERS’ COURT OF DALLAS COUNTY, TX (N.D. TX) (3-
judge court) (I represented private plaintiffs in a suit which established that the changes in the
discretionary method of selecting polling officials was a covered change under Section 5 of the
Voting Rights Act)**
PEGRAM and UNITED STATES v. CITY OF NEWPORT NEWS, VA, No. 4:940000-79
(E.D. Va.) (I represented private plaintiffs in this successful suit challenging the City's at-large
method of election under Section 2 of the Voting Rights Act) *
SIMPSON V. CITY OF HAMPTON, VA, No. 4:95cv83 (E.D. Va.)(I represented private
plaintiffs in this suit challenging the City's at-large method of election under Section 2 of the
Voting Rights Act) *
SOUTH CAROLINA CONFERENCE OF BRANCHES OF THE NAACP v. TOWN OF
HEMINGWAY, SC, No. 4:93-2733-21 (D.S.C.) (I represented plaintiffs in this lawsuit brought
Case 1:12-cv-00128-RMC-DST-RLW Document 383-3 Filed 09/10/13 Page 4 of 19
5
under the Constitution and Section 2 of the Voting Rights Act challenging Hemingway's racially
selective annexation policy) *
RICHMOND CRUSADE FOR VOTERS v. COMMONWEALTH OF VIRGINIA, No. 3:95cv531
(E.D. Va.) (I represented plaintiffs who successfully challenged the Commonwealth of Virginia's
refusal to implement the provisions of the National Voter Registration Act)
MOON v. MEADOWS, 952 F. Supp. 1941(E.D. Va. 1997)(three-judge court)(I represented a
group of voters who intervened as defendants in this lawsuit challenging, on racial gerrymandering
grounds, congressional redistricting in Virginia)
KING v. STATE BD OF ELECTIONS, No. 95-C-827(N.D. Ill. 1995)(three-judge court) (I filed
a brief amicus curiae before the three-judge court in 1996 on behalf of the Democratic National
Committee and the Democratic Congressional Campaign Committee in this lawsuit challenging
congressional redistricting in Illinois)
VERA v. BUSH, 116 S. Ct. 1941 (1996)(I appeared as counsel for three incumbent members of
Congress whose districts were challenged or affected by this lawsuit challenging congressional
redistricting in Texas. One of the three members was granted amicus status)
ABRAMS v. JOHNSON (I filed a brief amicus curiae in the Supreme Court of the United States
on behalf of the Georgia Association of Black Elected Officials in this lawsuit challenging
congressional redistricting in Georgia)
CITY OF FAIRFAX v. RENO, C.A. No. 97-2212-JR (D.D.C. 1997)(three-judge court)(I
represented the City of Fairfax, Virginia, in this first post-1982 suit brought to obtain a declaratory
judgment and bailout from coverage under the special provisions of the Voting Rights Act. The
bailout judgment was granted to the City in October 1997).**
SHENANDOAH COUNTY v. RENO, C.A. No. 99-00992-PLF (D.D.C. 1999)(three-judge
court)(I represented Shenandoah County, Virginia, in this suit brought to obtain a declaratory
judgment and bailout from coverage under the special provisions of the Voting Rights Act. The
bailout judgment was granted to the County in 1999.)**
FREDERICK COUNTY v. RENO, C.A. No. 99-00941-CKK (D.D.C. 1999)(three-judge court)(I
represented Frederick County, Virginia, in this suit brought to obtain a declaratory judgment and
bailout from coverage under the special provisions of the Voting Rights Act. The bailout judgment
was granted to the County in 1999.)**
JENKINS v. CITY OF OZARK, ALABAMA, No. CV97-A-1450-S (M.D. Ala. 1997)(three-
judge court)(I represent the plaintiffs in this successful Section 5 enforcement action)**
LULAC V. CITY OF AUSTIN, TEXAS, No. A97 CA 908SS(W.D. Tex. 1998)(three-judge
Case 1:12-cv-00128-RMC-DST-RLW Document 383-3 Filed 09/10/13 Page 5 of 19
6
court)(I represented the City of Austin, Texas in this Section 5 enforcement action).**
BAKER V. RAINBOW CITY, AL., No. 97-PT-3014 (N.D. Ala. 1997)(three-judge court)(I
represented plaintiffs who successfully brought suit to enforce Section 5 of the Voting Rights
Act)**
WILSON V. CITY OF ATTALLA, AL., No.97-AR-3195 (N.D. Ala. 1997)(three-judge court)(I
represented plaintiffs who successfully brought suit to enforce Section 5 of the Voting Rights
Act)**
HAYS V. LOUISIANA, 839 F. Supp. 1138 (W.D. La. 1994)(three-judge court)(I represented
individual voters and members of the Louisiana Legislature who participated as amicus curiae in
this lawsuit challenging congressional redistricting in Louisiana)
JOHNSON V. MORTHAM, No. CV-94-40025 (N.D. Fla.)(three-judge court) (I represented
Congresswoman Corrine Brown as a defendant-intervenor in this lawsuit brought challenging
congressional redistricting in Florida)
HUNT V. CROMARTIE, (U.S. Supreme Court) (I represented several members of the
Congressional Black Caucus and filed a brief as amicus curiae in this lawsuit challenging
congressional districts in North Carolina)
BOXX V. STATE OF ALABAMA, M.D. Ala. (3-judge court)(I represented plaintiffs who
successfully brought suit to enforce Section 5 of the Voting Rights Act)**
WARD V. STATE OF ALABAMA, M.D. Ala. (3-judge court)(I represented plaintiffs who
successfully brought suit to enforce Section 5 of the Voting Rights Act)**
COMMONWEALTH OF VIRGINIA V. RENO, No. 1:00 CV 00751 (D.D.C.)(3-judge court) (I
represented defendant intervenors, a group of state legislators, in this lawsuit which challenged,
inter alia, the Department of Justice’s plan to use statistically-sampled census data to review
redistricting plans under the Voting Rights Act).**
VOTING INTEGRITY PROJECT v. ARIZONA DEMOCRATIC PARTY, I represented the
Arizona Democratic Party in a suit brought under the Voting Rights Act challenging the State
Party’s use of internet voting in the 2000 Presidential Primary. Plaintiffs sought a preliminary
injunction against the Party’s use of internet voting, but the district court denied the requested
injunction.*
Case 1:12-cv-00128-RMC-DST-RLW Document 383-3 Filed 09/10/13 Page 6 of 19
7
2001 to 2010:
BALDERAS V. STATE OF TEXAS, (E.D. TX 2001) (3-judge court)(consolidated), summarily
affirmed, 536 U.S. 919 (2002). This suit involved a successful challenge to the failure of the Texas
Legislature to redistrict its Texas congressional districts. I represented a group of Congressmen
who intervened in the case. *
SESSIONS V. STATE OF TEXAS, (E.D. TX 2003)(3-judge court)(consolidated). This suit
challenged the 2003 re-redistricting of the Texas congressional districts. The case eventually went
to the U.S. Supreme Court sub nom. LULAC v. Perry.*
JACKSON v. STATE OF TEXAS, (E.D. TX 2003)(3-judge court)(consolidated). This suit
challenged the 2003 re-redistricting of the Texas congressional districts. The case eventually went
to the U.S. Supreme Court sub nom. LULAC v. Perry.*
DEL RIO v. STATE OF TEXAS (Travis County District Court & Texas Supreme Court) This
suit involved the redistricting of the Texas congressional districts. I represented a group of
Congressmen who intervened in the case.*
CITY OF HARRISONBURG, VA v. ASHCROFT, No. 02-00289-JDB (D.D.C) (I represented
the City of Harrisonburg, Virginia, in this suit brought to obtain a declaratory judgment and bailout
from coverage under the special provisions of the Voting Rights Act. The bailout judgment was
granted to the City in 2002).**
CITY OF WINCHESTER, VA v. RENO, No. 00-03073-ESH (D.D.C) (I represented the City of
Winchester, Virginia, in this suit brought to obtain a declaratory judgment and bailout from
coverage under the special provisions of the Voting Rights Act. The bailout judgment was granted
to the City in 2001).**
WARREN COUNTY, VA v. RENO, No. 02-0173-EGS (D.D.C) (I represented Warren County,
Virginia, in this suit brought to obtain a declaratory judgment and bailout from coverage under the
special provisions of the Voting Rights Act. The bailout judgment was granted to the County in
2002).
ROCKINGHAM COUNTY, VA v. ASHCROFT, No. 02-00391-ESH (D.D.C) (I represented
Rockingham County, Virginia, in this suit brought to obtain a declaratory judgment and bailout
from coverage under the special provisions of the Voting Rights Act. The bailout judgment was
granted to the County in 2002).**
GREENE COUNTY, VA v. ASHCROFT, No. 03-1877-HHK (D.D.C.). (I represented Greene
County, Virginia, in this successful suit brought to obtain a declaratory judgment and bailout from
coverage under the special provisions of the Voting Rights Act. The bailout judgment was granted
Case 1:12-cv-00128-RMC-DST-RLW Document 383-3 Filed 09/10/13 Page 7 of 19
8
to the County in January 2004).**
AUGUSTA COUNTY, VA v. GONZALES, No. 05-1885 (D.D.C.) (three-judge court). In this
action, I represented Augusta County in a successful action brought under Section 4 of the Voting
Rights Act to obtain a bailout from the special remedial provisions of the Act. **
NAACP v. ST. LANDRY PARISH, LOUISIANA, I represented the defendants St. Landry
Parish Council and School Board in this Voting Rights Act challenge to the 2002 redistricting
plans adopted by the Council and School Board. The case was settled in January 2005.*
HALL v. COMMONWEALTH OF VIRGINIA, 276 F. Supp. 2d 528 (E.D. Va. 2003), affirmed,
385 F.3d 421 (4th
Cir. 2004), cert. denied, ___U.S. ____(2005). I served as co-counsel
representing plaintiffs in an unsuccessful Voting Rights Act challenge to the post-2000
congressional redistricting plan adopted by the Commonwealth of Virginia.
MAY v. CITY OF MONTGOMERY, ALABAMA, No. 2:07cv738 (M.D.Ala.)(three-judge court).
This suit alleged, among other things, that the City had failed to obtain the requisite preclearance
of a new election schedule from federal authorities. Plaintiffs sought to enjoin the upcoming
elections, citing the alleged lack of preclearance under the Voting Rights Act. I was co-counsel to
the City of Montgomery, which contended that preclearance had been obtained. The case was
dismissed as moot. **
CITY OF SALEM, VA v. GONZALES, No.06-977 (DDC) (three-judge court). In this action, I
represented the City of Salem in a successful action brought under Section 4 of the Voting Rights
Act to obtain a bailout from the special remedial provisions of the Act. **
BOTETOURT COUNTY, VA v. GONZALES, No. 06-1052(D.D.C) (three-judge court). In this
action, I represented Botetourt County in a successful action brought under Section 4 of the Voting
Rights Act to obtain a bailout from the special remedial provisions of the Act. **
ESSEX COUNTY, VA v. MUKASEY, (D.D.C) (three-judge court). In this action, I represented
Essex County in a successful action brought under Section 4 of the Voting Rights Act to obtain a
bailout from the special remedial provisions of the Act. **
AMHERST COUNTY, VA v. MUKASEY, (D.D.C) (three-judge court). In this action, I
represented Amherst County in a successful action brought under Section 4 of the Voting Rights
Act to obtain a bailout from the special remedial provisions of the Act. **
MIDDLESEX COUNTY, VA v. MUKASEY, (D.D.C) (three-judge court). In this action, I
represented Middlesex County in a successful action brought under Section 4 of the Voting Rights
Act to obtain a bailout from the special remedial provisions of the Act. **
Case 1:12-cv-00128-RMC-DST-RLW Document 383-3 Filed 09/10/13 Page 8 of 19
9
PAGE COUNTY, VA v. MUKASEY, (D.D.C) (three-judge court). In this action, I represented
Page County in a successful action brought under Section 4 of the Voting Rights Act to obtain a
bailout from the special remedial provisions of the Act. **
CITY OF KINGS MOUNTAIN v. HOLDER, 1:10-cv-01153-PLF -DST –TFH (D.D.C.) (three-
judge court). In this action, I represented the City of Kings Mountain in a successful action
brought under Section 4 of the Voting Rights Act to obtain a bailout from the special remedial
provisions of the Act. **
WILLIE RAY v. STATE OF TEXAS, 2:06-CV-385(TJW) (E.D. Texas). This case challenged
the constitutionality of certain provisions of the Texas Election Code, and the racially selective
prosecution of African American and Latino citizens by Texas Attorney General Greg Abbott for
allegedly violating those provisions. The case was settled.
NAMUDNO v. HOLDER, 557 U.S. 193 (2009). This case challenged the constitutionality of
Section 5 of the Voting Rights Act. In the district court, I represented Travis County, Texas, which
supported the defendant Holder and argued in favor of the constitutionality of Section 5 of the
Voting Rights Act. In the U.S. Supreme Court, I represented jurisdictions that had bailed out from
Section 5 coverage and urged the Court to uphold Section 5.
2011 to 2013:
PEREZ v. PERRY, No. 11-360 (W.D. TX)(three-judge court)(consolidated cases--including
Quesada v. Perry, No. 11-593-OLG-JES-XR) challenging Texas Congressional and State House
districts under Sections 2 and 5 of the Voting Rights Act, and the Fourteenth and Fifteenth
Amendments to the United States Constitution. The case remains pending.
DAVIS v. PERRY, No. 11-788 (W.D. TX)(three-judge court)(consolidated with LULAC v.
Perry), No. 11-788, challenging under Section 2 and the United States Constitution the state senate
redistricting plan insofar as it dismantled Senate District 10 and in doing so discriminated against
minority voters in the district. The case remains pending.
BEAUMONT INDEPENDENT SCHOOL DISTRICT v. UNITED STATES OF AMERICA, 1:13-
cv-00401-RC-BMK-ESH (D.D.C.) (three-judge court) (In this Section 5 declaratory judgment case
that is currently pending, I represent the Plaintiff Beaumont ISD seeking Voting Rights Act
approval of certain voting changes)
STATE OF TEXAS v. UNITED STATES OF AMERICA 1:11-cv-01303-RMC-TBG-BAH
(D.D.C.) (three-judge court) (In this lawsuit, the State of Texas sought preclearance to its statewide
redistricting plans. I represented a group of Defendant Intervenors who successfully opposed
preclearance of the state senate plan and the congressional plan before the three-judge court. I also
Case 1:12-cv-00128-RMC-DST-RLW Document 383-3 Filed 09/10/13 Page 9 of 19
10
served in the case as co-administrative coordinator for the various Defendant-Intervenor groups in
the lawsuit. The Supreme Court vacated and remanded the case following the decision in Shelby
County, Al. v. Holder).
STATE OF TEXAS v. HOLDER, 1:12-cv-00128-RMC-DST-RLW (TX Voter ID case). In this
lawsuit, the State of Texas sought Section 5 preclearance of its photo ID bill. I represented a group
of Defendant Intervenors who opposed preclearance. I also served as co-administrative
coordinator for the various Defendant-Intervenor groups. The three-judge court denied
preclearance. On appeal, the decision was vacated and the case remanded to the D.C. Court in
light of Shelby County, AL v. Holder.
LAROQUE et al v. HOLDER, 1:10-cv-00561-JDB (D.D.C.) This case challenged the
constitutionality of the Voting Rights Act and I represented a group of Defendant-Intervenors
defending against the challenge. On appeal, the case was declared moot.
STATE OF SOUTH CAROLINA v. UNITED STATES OF AMERICA, No. 1:12-cv-00203
(CKK-BMK-JDB) (D.D.C.) (three-judge court). I served as co-counsel to a group of Defendant-
Intervenors in this Section 5 declaratory judgment suit involving the South Carolina voter ID law.
The State was granted preclearance after changes were made during the litigation to the photo ID
bill.**
LEAGUE OF WOMEN VOTERS v. DETZNER, No.: 2012-CA-00490 (Leon County, Florida). I
am co-counsel to the League of Women Voters which challenges the redistricting of Florida’s state
senate and congressional redistricting plans, on the grounds that those plans violate the State
Constitution’s prohibitions on drawing plans to favor one political party over another or to favor an
incumbent. The case is pending.
BROWN v. STATE OF FLORIDA (S.D. Florida). This case was a challenge to the
constitutionality of amendments to the Florida Constitution that regulated statewide redistricting
plans. I represented a group of intervenor defendants who supported the provisions. The district
court upheld the amendments and the U.S. Court of Appeals affirmed.
YUBA COUNTY WATER AGENCY v. HOLDER, No. 1:13-cv-00352 (D.D.C.) (three-judge
court). In this action, I represent the Water Agency in a pending action brought under Section 4 of
the Voting Rights Act to obtain a bailout from the special remedial provisions of the Act. **
NORTH YUBA WATER DISTRICT v. HOLDER, 1:13-cv-00407 (D.D.C.) (three-judge court).
In this action, I represent the Water District in a pending action brought under Section 4 of the
Voting Rights Act to obtain a bailout from the special remedial provisions of the Act. **
Case 1:12-cv-00128-RMC-DST-RLW Document 383-3 Filed 09/10/13 Page 10 of 19
11
LINDA FIRE PROTECTION DISTRICT v. HOLDER, 1:13-cv-00485 (D.D.C.). In this
action, I represent the Fire Protection District in a pending action brought under Section 4 of the
Voting Rights Act to obtain a bailout from the special remedial provisions of the Act. **
LINDA COUNTY WATER DISTRICT v. HOLDER, 1:13-cv-00363-JEB-JWR-JDB). In this
action, I represent the Water District a pending action brought under Section 4 of the Voting Rights
Act to obtain a bailout from the special remedial provisions of the Act. **
HANOVER COUNTY, VIRGINIA v. HOLDER, 1:13-cv-00625-BAH-JRB-KBJ). In this
action, I represent Hanover County in a pending action brought under Section 4 of the Voting
Rights Act to obtain a bailout from the special remedial provisions of the Act. **
CITY OF FALLS CHURCH, VIRGINIA v. HOLDER, 1:13-cv-00201-ABJ-DBS-RJL). In this
action, I represented the City of Falls Church in a successful action brought under Section 4 of the
Voting Rights Act to obtain a bailout from the special remedial provisions of the Act. **
CITY OF WHEATLAND, CALIFORNIA v. HOLDER, 1:13-cv-00054-RMC-DST-RBW). In
this action, I represented the City of Wheatland in a successful action brought under Section 4 of
the Voting Rights Act to obtain a bailout from the special remedial provisions of the Act. **
STATE OF NEW HAMPSHIRE v. HOLDER, 1:12-cv-01854-EGS-TBG-RMC). In this action,
I represented the State of New Hampshire in a successful action brought under Section 4 of the
Voting Rights Act to obtain a bailout from the special remedial provisions of the Act. **
BROWNS VALLEY IRRIGATION DISTRICT v. HOLDER,1:12-cv-01597-RWR-KLH-
TFH). In this action, I represented Browns Valley Irrigation District in a successful action brought
under Section 4 of the Voting Rights Act to obtain a bailout from the special remedial provisions
of the Act. **
MERCED COUNTY, CALIFORNIA v. HOLDER, 1:12-cv-00354-TFH-DST-ABJ). In this
action, I represented Merced County in a successful action brought under Section 4 of the Voting
Rights Act to obtain a bailout from the special remedial provisions of the Act. **
PRINCE WILLIAM COUNTY, VIRGINIA v. HOLDER, 1:12-cv-00014-ESH-TBG-JEB). In
this action, I represented Prince William County in a successful action brought under Section 4 of
the Voting Rights Act to obtain a bailout from the special remedial provisions of the Act. **
KING GEORGE COUNTY, VIRGINIA v. HOLDER, 1:11-cv-02164-BAH-KLH-ESH). In this
action, I represented King George County in a successful action brought under Section 4 of the
Voting Rights Act to obtain a bailout from the special remedial provisions of the Act. **
Case 1:12-cv-00128-RMC-DST-RLW Document 383-3 Filed 09/10/13 Page 11 of 19
12
JAMES CITY COUNTY, VIRGINIA v. HOLDER, 1:11-cv-01425-PLF-DST-TFH). In this
action, I represented James City County in a successful action brought under Section 4 of the
Voting Rights Act to obtain a bailout from the special remedial provisions of the Act. **
CITY OF WILLIAMSBURG, VIRGINIA v. HOLDER, 1:11-cv-01415-EGS-JR–RWR
(D.D.C.) (three-judge court). In this action, I represented Williamsburg in a successful action
brought under Section 4 of the Voting Rights Act to obtain a bailout from the special remedial
provisions of the Act. **
CULPEPER COUNTY, VIRGINIA v. HOLDER, 1: 1:11-cv-01477-JEB-JWR-RLW (D.D.C.)
(three-judge court). In this action, I represented Culpeper County in a successful action brought
under Section 4 of the Voting Rights Act to obtain a bailout from the special remedial provisions
of the Act. **
CITY OF BEDFORD, VIRGINIA v. HOLDER, 11-cv-00473-TFH-TBG-RLW (D.D.C.) (three-
judge court). In this action, I represented the City of Bedford in a successful action brought under
Section 4 of the Voting Rights Act to obtain a bailout from the special remedial provisions of the
Act. **
BEDFORD COUNTY, VIRGINIA v. HOLDER, 1:11-cv-00499-ESH-KLH-BAH (D.D.C.)
(three-judge court). I represented Bedford County in a successful bailout action brought under
Section 4 of the Voting Rights Act. **
RAPPAHANNOCK COUNTY, VIRGINIA v. HOLDER, 1:11-cv-01123-JEB -KLH–RMC
(D.D.C.) (three-judge court). I represented Rappahannock County in a successful bailout action
brought under Section 4 of the Voting Rights Act. **
CITY OF MANASSAS PARK, VIRGINIA v. HOLDER, 1:11-cv-00749-CKK-JRB-HHK
(D.D.C.) (three-judge court). I represented the City of Manassas Park in a successful bailout action
brought under Section 4 of the Voting Rights Act. **
ALTA IRRIGATION DISTRICT v. HOLDER, 1:11-cv-00758-RJL-DAG–PLF (D.D.C.) (three-
judge court). I represented the Alta Irrigation District in a successful bailout action brought under
Section 4 of the Voting Rights Act. **
JEFFERSON COUNTY DRAINAGE DISTRICT NO. 7 v. HOLDER, 1:11-cv-00461-RWR-
DST-RJL) (D.D.C.) (three-judge court). I represented this Jefferson County Drainage District in a
successful bailout action brought under Section 4 of the Voting Rights Act.**
HANOVER COUNTY, VIRGINIA V. HOLDER (D.D.C.) (three-judge court). In this pending
lawsuit, I represent Hanover County an action brought under Section 4 of the Voting Rights Act to
obtain a bailout from the special remedial provisions of the Act. **
Case 1:12-cv-00128-RMC-DST-RLW Document 383-3 Filed 09/10/13 Page 12 of 19
13
PART III
Cases In Which J. Gerald Hebert Has Served As Legal Counsel
To A Party or An Amicus Curiae on Behalf of the Campaign Legal Center
(2004 to the present)
Listed below are cases in which I have appeared as legal counsel for a party or for an
amicus curiae in campaign finance cases or other election law cases in my capacity as Director of
Litigation at the Campaign Legal Center, a non-profit, non-partisan organization in Washington
DC.
Federal Litigation
CITIZENS UNITED v. FEC (U.S. Supreme Court.) Citizens United filed suit to challenge the
federal “electioneering communications” corporate funding restriction and disclosure requirements
as applied to its film entitled Hillary: The Movie and its advertisements promoting the film. On
July 18, 2008, a three-judge panel upheld the federal law. On January 21, 2010, the Supreme
Court struck down the 60-year-old federal restriction on corporate expenditures in candidate
elections, and overturned Austin v. Michigan Chamber of Commerce (1990) and part of McConnell
v. FEC (2003). In my capacity as Director of Litigation at the non-profit, non-partisan Campaign
Legal Center, I filed one amici brief with the district court and two amici briefs with the Supreme
Court on behalf of campaign finance reform groups.
WISCONSIN RIGHT TO LIFE v. FEC, (US Supreme Court) and No. 04-1260 (DBS, RWR,
RJL)(D.D.C.)(3-judge court). Wisconsin Right to Life (WRTL) challenged provisions of BCRA
which prohibited it from making certain election communications during and prior to the 2004
elections. The three-judge court rejected WRTL’s challenge and the Supreme Court reversed and
struck down the provisions. I served as legal counsel for the Campaign Legal Center, Senator John
McCain, and Representatives Christopher Shays and Martin Meehan in the case as amici curiae
supporting the defendant FEC.
MCCOMISH v. BENNETT, No. 10-686 (U.S. Supreme Court). This was a constitutional
challenge to the “matching funds trigger provisions” of the Arizona Citizens Clean Elections Act,
which provided participating candidates with additional funds if non-participating opponents or
outside groups spend above the statutory threshold. In my capacity as Director of Litigation at the
non-profit, non-partisan Campaign Legal Center, I filed an amici brief in the Supreme Court on
behalf of the Legal Center and seven other public interest groups to defend the Arizona law. In my
capacity as Director of Litigation at the non-profit, non-partisan Campaign Legal Center, I also
filed an amici brief with the district court in 2009.
MCCUTCHEON v. FEC (U.S. Supreme Court). This challenge to federal aggregate
contribution limits was filed by plaintiffs Shaun McCutcheon and the Republican National
Case 1:12-cv-00128-RMC-DST-RLW Document 383-3 Filed 09/10/13 Page 13 of 19
14
Committee (RNC). Plaintiffs in McCutcheon v. FEC challenge both the $70,800 aggregate limit
on contributions to non-candidate committees and the $46,200 aggregate limit on contributions to
candidate committees in a two-year election cycle. The three-judge district court rejected the
challenge, but the U.S. Supreme Court has noted probable jurisdiction. In my capacity as Director
of Litigation at the non-profit, non-partisan Campaign Legal Center, I filed an amici brief in the
district court and the Supreme Court defending the aggregate limits.
SHELBY COUNTY v. HOLDER (U.S. Supreme Court). This case involved a challenge to the
constitutionality of certain special provisions of the Voting Rights Act of 1965, as amended. In my
capacity as Director of Litigation at the non-profit, non-partisan Campaign Legal Center, I filed an
amici brief in the Supreme Court on behalf jurisdictions that have bailed out from coverage under
the Act.
DAVIS V. FEC, 554 U.S. 724 (2008) (Supreme Court). This was a federal court challenge to the
Millionaire’s Amendment of the Bipartisan Campaign Reform Act of 2002. Under the
Millionaire’s Amendment, when a wealthy self-financed candidate spent in excess of a specified
threshold of personal funds, the Amendment provided for an increase in contribution limits and an
elimination of coordinated party spending limits for such candidate’s non-wealthy opponent. The
Amendment also imposed additional disclosure requirements on the self-financing wealthy
candidate. The Supreme Court invalidated all of these provisions. I served as legal counsel to
amici supporting these amendments in the U.S. Supreme Court.
SHAYS v. FEC, No. 04-5352 (D.C.Cir.) (Shays I). This is an appeal from a ruling of this court
(Kollar-Kotelly, J.) striking down regulations promulgated by the FEC to implement the Bipartisan
Campaign Reform Act (BCRA). I served as legal counsel to United Senators John McCain and
Russell Feingold who appeared in the case as amici curiae and filed a brief supporting Appellees
Shays and Meehan.
SHAYS v. FEC (527 Suit), No. 1:04-cv-01597-EGS (D.D.C.) (Sullivan, J.) (Shays II). This
lawsuit challenge the failure of the FEC to promulgate effective regulations that would apply to
527 groups. I served as legal counsel to United Senators John McCain and Russell Feingold who
appeared in the case as amici curiae.
NC RIGHT TO LIFE v. LEAKE, No. 5:99-CV-798-BO(3). This case involves a constitutional
challenge to several North Carolina campaign finance laws. I represent the Campaign Legal Center
in the case, which filed a brief as amicus curiae arguing that North Carolina’s limits on
contributions to independent expenditure political committees are constitutional.
VOTERS EDUCATION COMMITTEE v. WASHINGTON PUBLIC DISCLOSURE
COMMISSION, No. 04-2-23551-1SEA (King County Superior Court). Suit alleges that certain
ads aimed at a state Attorney General candidate are not express advocacy, but rather are “issue
advocacy” and protected “political speech”. I represent the Campaign Legal Center in the case,
which filed a brief as amicus curiae arguing that the state law at issue does not violate the free
Case 1:12-cv-00128-RMC-DST-RLW Document 383-3 Filed 09/10/13 Page 14 of 19
15
speech rights of plaintiff 527 corporations by requiring them to register as a political organization
and file reports of their contributions and expenditures.
EMILY’S LIST v. FEC, No. 1:05cv00049 (D.D.C.). EMILY’s List challenged a new rule
adopted by the FEC late last summer that requires a federal committee to use at least 50 percent
federal funds to pay for generic voter mobilization drives and other activities that affect both
federal and nonfederal elections, along with a rule that clarified the definition of the term
“contribution.” I represented Senators John McCain and Russell Feingold, Representatives
Christopher Shays and Martin Meehan, and the Campaign Legal Center which appeared as amici
curiae in the case and filed a brief opposing EMILY’s List’s motion for a preliminary injunction.
CHRISTIAN CIVIC LEAGUE OF MAINE v. FEC, No. 06- (D.D.C.) (three-judge court) The
Christian Civic League of Maine has challenged provisions of BCRA which prohibited it from
making certain election communications during and prior to the 2006 elections in Maine. The
three-judge court denied the Christian Civic League’s motion for preliminary injunction and the
case is on appeal to the U.S. Supreme Court. I served as co-counsel for the defendant intervenors
in the case: U.S. Senators John McCain and Russ Feingold, and Representatives Christopher
Shays, Martin Meehan, and Tom Allen supporting the defendant FEC.
UNITED STATES v. VALDES. No. 03-3066 (DC Cir.) I filed an amicus brief in the U.S. Court
of Appeals for the District of Columbia on behalf of the Campaign Legal Center supporting the
defendant United States in this appeal, which involved an interpretation and application of the
federal anti-gratuities statute.
CAO (RNC) v. FEC, No. 10-30146 (5th Cir.), cert. denied No. 10-776 (U.S. Sup. Ct.) In my
capacity as Director of Litigation at the non-profit, non-partisan Campaign Legal Center, I filed an
amicus brief on April 19, 2010 with the en banc Fifth Circuit Court of Appeals to defend the
constitutionality of the party coordinated spending limits.
GREEN PARTY OF CONNECTICUT V. LENGE, Nos. 09-0599, 09-0609 (2d Cir.), cert.
petition No. 10-795 (U.S. Sup. Ct.) In my capacity as Director of Litigation at the non-profit,
non-partisan Campaign Legal Center, , I served as co-counsel to the defendant-intervenors in the
Supreme Court opposing the petition for certiorari, a case that challenged the constitutionality of
Connecticut’s public financing system and its statutory ban on contributions from lobbyists, state
contractors and members of their immediate families and their solicitation of contributions.
U.S. V. O’DONNELL, No. 09-50296 (9th Cir.), cert. petition No. 10-1099 (U.S. Sup. Ct.) This
case involved whether federal law “prohibits straw donor contributions, in which a defendant
solicits others to donate to a candidate for federal office in their own names and furnishes the
money for the gift either through an advance or a prearranged reimbursement. CLC, with D21,
filed an amici brief with the Ninth Circuit, urging the Court to correct the erroneous interpretation
given to the federal law provision by the district court.
U.S. V. DANIELCZYK, No. 11-cr-00085 (E.D. Va.), No. 11-4667 (4th Cir.) This criminal case
concerned a number of alleged campaign finance violations, including that the defendants illegally
directed corporate contributions to Hillary Clinton’s 2008 Presidential campaign. In my capacity as
Case 1:12-cv-00128-RMC-DST-RLW Document 383-3 Filed 09/10/13 Page 15 of 19
16
Director of Litigation at the non-profit, non-partisan Campaign Legal Center, I filed an amici brief
in the U.S. Court of Appeals for the Fourth Circuit on the side of the United States.
KOERBER v. FEC, No. 2:08-cv-00039 (E.D.N.C.) In September 2008, the Committee for Truth
in Politics challenged the constitutionality of the federal disclosure requirements for
“electioneering communications,” and the FEC’s policy for determining federal “political
committee” status. The CLC, with D21, filed amici briefs defending the law on October 14, 2008
with the district court, and on April 24, 2009 with the Fourth Circuit.
THE REAL TRUTH ABOUT OBAMA, INC. (RTAO) v. FEC, No. 08-cv-00483 (E.D. Va.),
No. 11-1760 (4th Cir.) RTAO filed suit in the U.S. District Court for the Eastern District of
Virginia to enjoin a number of FEC regulations governing when independent groups must register
as federal political committees and comply with the applicable federal restrictions and disclosure
requirements. The CLC, with D21, filed an amici brief on October 27, 2011 to defend the FEC
rules with the Fourth Circuit following the remand of the case from the Supreme Court. The CLC
previously filed amici briefs in this case in the district court and the Fourth Circuit on August 14,
2008, October 28, 2008 and October 17, 2010.
VAN HOLLEN v. FEC, No. 11-cv-00766 (D.D.C.) On April 21, 2011, Representative Chris
Van Hollen (D-MD) filed a lawsuit against the FEC to challenge a 2007 FEC regulation that
narrowed the scope of federal disclosure requirements connected to electioneering
communications. In my capacity as Director of Litigation at the non-profit, non-partisan Campaign
Legal Center (CLC), I was one of the attorneys representing Rep. Van Hollen as CLC is part of
Van Hollen’s pro bono legal team.
AMERICAN TRADITION PARTNERSHIP, INC. v. BULLOCK, DA 11-0081 (Sup. Ct.
Mont.), cert. denied No. 11-1179 (U.S. Sup. Ct.) In March 2010, plaintiffs filed suit to challenge
Montana’s corporate expenditure restriction, M.C.A. § 13-35-227, on grounds that it was
unconstitutional under Citizens United v FEC. In my capacity as Director of Litigation at the non-
profit, non-partisan Campaign Legal Center, I filed an amici brief in support of itself and 13 other
public interest groups on May 18, 2012, urging the U.S. Supreme Court to deny certiorari, or if it
grants certiorari, to grant plenary review.
WAGNER v. FEC, No. 11-cv-1841 (D.D.C.) On October 19, 2011, plaintiffs filed a complaint
with the U.S. District Court for the District of Columbia to challenge the constitutionality of the
federal governmental contractor contribution ban, 2 U.S.C. § 441c, as applied to individuals who
have personal services contracts with federal agencies. In my capacity as Director of Litigation at
the non-profit, non-partisan Campaign Legal Center, I filed an amicus brief in the district court
supporting the contractor contribution ban.
RNC v. FEC, No. 1:08-cv-01953-RJL-RMC (D.D.C.) (three-judge court). On November 13,
2008, the RNC filed suit in federal district court to challenge BCRA’s “soft money” restrictions
that bar the national parties from raising or spending soft money and prohibit state parties from
using soft money for activities that affect federal elections, such as voter registration or GOTV
Case 1:12-cv-00128-RMC-DST-RLW Document 383-3 Filed 09/10/13 Page 16 of 19
17
drives. On March 9, 2009, the Legal Center filed an amici brief on behalf of former
Representatives Shays and Meehan and Senators McCain and Feingold to defend the “soft money”
provisions. On June 29, 2010, the Supreme Court summarily affirmed the decision of a three-judge
panel to dismiss the RNC’s as-applied challenge to the soft money restrictions of the Bipartisan
Campaign Reform Act (BCRA).
SPEECHNOW.ORG v. FEC (D.C. Cir.) In February 2008, SpeechNow.org filed suit and
requested a preliminary injunction to enjoin the federal contribution limits and disclosure
requirements as applied to so-called “independent expenditure committees.” THE DC Circuit
struck down the contribution limits but upheld the disclosure requirements. The Legal Center filed
two amici briefs with the D.C. Circuit in 2009 to support the constitutionality of the federal
contribution limits as applied to a political committee making only independent expenditures.
HISPANIC LEADERSHIP FUND v. FEC, No. I:12cv893 (E.D. VA.). Plaintiffs sought to air
television advertisements criticizing President Obama without complying with “electioneering
communication” disclosure requirements, which include donor disclosure. The ads proposed by
HLF would not have mentioned President Obama by name and instead would use the terms “the
White House” and “the Administration” and audio recordings of the President’s voice. In an
attempt to evade the electioneering communication disclosure requirements, HLF argued that its
ads do not refer to a clearly identified candidate, and that the disclosure provisions are
unconstitutional. The District Court denied an injunction and rejected the constitutional challenge.
In my capacity as Director of Litigation for the non-profit, non-partisan Campaign Legal Center, I
filed an amicus brief in 2012 supporting the FEC and defending the challenged provisions
STATE/MUNICIPAL LAW LITIGATION
State Disclosure Cases
DOE v. REED, No. 09-559 (U.S. Sup. Ct.), on remand No. 3:09-cv-05456 (W.D. Wa.), on
appeal No. 11-35854 (9th Cir.) Plaintiffs filed suit to halt Washington State from making
petitions connected to a state ballot measure available in response to requests made under the state
Public Records Act. In my capacity as Director of Litigation at the non-profit, non-partisan
Campaign Legal Center, I filed an amicus brief on March 28, 2012 with the Ninth Circuit, urging
the court to reject the plaintiffs’ as-applied challenge and arguing that the narrow exemption to
disclosure for harassment set forth in Buckley v. Valeo was not warranted in this case.
PROTECTMARRIAGE.COM v. BOWEN, 2:09-cv-00058 (E.D. Calif.), on appeal No. 11-
17884 (9th Cir.) In January 2009, Plaintiffs brought a challenge in the U.S. District Court for the
Eastern District of California to a California law requiring ballot measure committees to disclose
the names and other information of their contributors of $100 or more. In my capacity as Director
of Litigation at the non-profit, non-partisan Campaign Legal Center, I filed an amicus brief to
support California’s ballot measure disclosure law with the Ninth Circuit on April 17, 2012.
Case 1:12-cv-00128-RMC-DST-RLW Document 383-3 Filed 09/10/13 Page 17 of 19
18
HUMAN LIFE OF WASHINGTON, INC. (“HLW”) v. BRUMSICKLE, No. 09-35128 (9th
Cir.) In April 2008, HLW challenged the constitutionality of several components of the State of
Washington’s political committee disclosure regime, including the State’s definitions of “political
committee,” “independent expenditure,” and “political advertising.” On June 4, 2009, and in my
capacity as Director of Litigation at the non-profit, non-partisan Campaign Legal Center, I filed an
amicus brief with the Ninth Circuit to defend the disclosure laws.
OHIO RIGHT TO LIFE (ORTL) v. OHIO ELECTION COMMISSION, 08-cv-00492 (S.D.
Ohio). ORTL filed suit in the U.S. District Court of the Southern District of Ohio to challenge
multiple provisions of Ohio’s campaign finance law, including its “electioneering
communications” corporate funding prohibition and related disclosure requirements. On July 18,
2008, and in my capacity as Director of Litigation at the non-profit, non-partisan Campaign Legal
Center (CLC), I filed an amici brief on behalf of CLC and Ohio Citizen Action, defending the
constitutionality of Ohio’s electioneering communications disclosure requirements.
TEXAS DEMOCRATIC PARTY v. KING STREET PATRIOTS, No. D-1-GN-11-002363
(D.Ct. Travis Co.) The Texas Democratic Party filed an action seeking damages and declaratory
and injunctive relief in connection to several violations of state campaign finance law allegedly
committed by the King Street Patriots. In response to the suit, the King Street Patriots filed a
counterclaim challenging numerous provisions of Texas campaign finance law, including the state
corporate contribution restriction, and the disclosure and organizational requirements applicable to
political committees and related statutory definitions. In my capacity as Director of Litigation at
the non-profit, non-partisan Campaign Legal Center, I filed in September 2011 an amicus brief to
oppose the counterclaim and to defend the constitutionality of Texas’ campaign finance laws.
NATIONAL ORGANIZATION FOR MARRIAGE v. BROWNING, This was a constitutional
challenge to certain provisions of Florida law relating to electioneering communications and
disclosure, alleging that the provisions were overbroad and vague. In my capacity as Director of
Litigation at the non-profit, non-partisan Campaign Legal Center, I filed an amicus brief in the
Eleventh Circuit defending the Florida laws, which were upheld by the court of appeals.
State Contribution Limit Cases
COMMITTEE ON JOBS, ET AL. v. HERRERA, 07-cv-03199 (N.D. Cal.) In June 2007, two
political committees filed a challenge in the U.S. District Court for the Northern District of
California to the constitutionality of San Francisco’s limit on contributions to political committees
that make only independent expenditures in City elections. On August 27, 2007, the CLC filed an
amici brief on behalf of itself and four other nonprofit political reform organizations supporting the
constitutionality of the San Francisco contribution limits.
MINNESOTA CONCERNED CITIZENS FOR LIFE (MCCL) v. SWANSON, 10-cv-2938 (D.
Minn.), on appeal No. 10-3126 (8th Cir.) MCCL challenged multiple provisions of Minnesota’s
campaign finance law pertaining to the regulation of corporations. On December 22, 2010, the
CLC, with D21, filed an amici brief to defend Minnesota’s disclosure law and its restrictions on
corporate contributions.
Case 1:12-cv-00128-RMC-DST-RLW Document 383-3 Filed 09/10/13 Page 18 of 19
19
THALHEIMER v. CITY OF SAN DIEGO, No. 10-55322 (9th Cir.) In December 2009,
plaintiffs filed a constitutional challenge to several provisions of San Diego’s campaign finance
laws. On April 9, 2010, the CLC filed a brief amici curie with the Ninth Circuit on behalf of itself
and two other public interest groups to support the contribution limit.
State Public Financing Cases
WISCONSIN RIGHT TO LIFE v. BRENNAN, 3:09-cv-00764 (W.D. Wis.), No. 11-1769 (7th
Cir.) and KOSCHNICK v. DOYLE, 3:09-cv-00767 (W.D. Wis.). In December 2009, two cases
were filed to challenge the trigger provisions of Wisconsin’s recently-enacted public financing
program, as well as other program components. The CLC filed an amici brief on June 17, 2011.
Case 1:12-cv-00128-RMC-DST-RLW Document 383-3 Filed 09/10/13 Page 19 of 19
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
STATE OF TEXAS,
Plaintiff,
v.
ERIC H. HOLDER, JR. in his
Official capacity as Attorney General
Of the United States,
Defendant,
AND
ERIC KENNIE, et al.,
Defendant-Intervenors
§
§
§
§
§
§
§
§
§
§
§
§
§
§
§
§
§
§
§
§
§
Case No. 1:12-cv-00128
RMC-DST-RLW
DECLARATION OF CHAD W. DUNN IN
SUPPORT OF REQUEST FOR ATTORNEY’S FEE
Background and Prevailing Party
1. I am counsel for the Kennie Intervenors in the above-styled matter. A true
and correct copy of my curriculum vitae is attached hereto as Attachment No. 1. I am
presenting this declaration in support of Kennie Intervenors’ Motion for Attorney’s Fees
and Costs. The Kennie Intervenors are the prevailing parties in this action and are
entitled to attorneys’ fees and costs.
Case 1:12-cv-00128-RMC-DST-RLW Document 383-4 Filed 09/10/13 Page 1 of 6
Experience and Qualifications
2. My resume is attached hereto and it contains an accurate summary of my
education, training and experience. I have handled scores of litigation matters under
federal and state law. I have represented Kennie Intervenors and private parties in federal
or state voting rights litigation in Texas and Washington, D.C since 2002. I have handled
or are currently handling redistricting cases throughout Texas relative to commissioner’s
court, school boards, justices of the peace and constables. I have handled federal cases
relative to candidate qualifications. I am currently handling a federal case challenging
voter registration restrictions adopted by the State of Texas as well as federal challenges
to the state’s photo voter I.D. law (SB 14). I have argued numerous cases at the Fifth
Circuit, including numerous cases that have resulted in reported opinions. I have been
counsel of record for parties to several U.S. Supreme Court cases as well as most Texas
courts of appeal, including the Texas Supreme Court.
3. As a result of the foregoing and much more experience than can be listed
here, I have extensive training, education and experience handling federal cases and, in
particular, those pertaining to civil and voting rights.
Time
4. My time in this case is kept contemporaneously with the work performed. I
devoted a total of approximately 436.90 hours representing the Kennie Intervenors in this
case for which I chose to bill. I have attached the time records that I maintained in this
action but I did not bill more than 100 hours for which I am not seeking a court award. I
Case 1:12-cv-00128-RMC-DST-RLW Document 383-4 Filed 09/10/13 Page 2 of 6
also billed for many hours that I did not seek compensation for in the bill. Those hours
eliminated are explained in the attached fee bill.
5. In fact, the reductions I have taken in time far exceed industry norms of
“billing judgment.” I was principally in charge of covering numerous depositions taken
in Texas. I handled the Kennie Intervenors discovery responses and presented the
Intervenors' depositions. I also defended the depositions of Senators Wendy Davis and
Rodney Ellis, both of whom were cited in the Court's final opinion.
6. At trial, I examined as many or more witnesses than any other attorney for
an Intervenor group. I conducted the trial cross-examination of Keith Ingram. I also
conducted the trial direct examinations of Randall Buck Wood, Senator Wendy Davis
and Senator Rodney Ellis.
Market Rate
7. I have extensive experience handling civil and some criminal matters in
federal court. I have extensive experience with civil and voting rights cases. I believe,
based upon the complicated issues and the time involved and the various factors
described herein, that a reasonable hourly rate for such services in this locale is at least
$375 per hour. I have been retained this year by Beaumont Independent School District
at the rate of $375 per hour to represent the school district in multiple federal and state
voting and redistricting cases. $375 per hour is well within the reasonable market rate
charged for similar services in similar cases.
Case 1:12-cv-00128-RMC-DST-RLW Document 383-4 Filed 09/10/13 Page 3 of 6
Lodestar
8. In determining the Lodestar a court should usually consider the actual hours
devoted to the case and the market hourly rate for the lawyer in question. It is my
opinion the fees and expenses claimed in the provided statement are reasonable and
necessary.
Johnson Factors
9. Preclusion of Other Employment. My work in this litigation restricted the
time available for pursuit of other litigation during the period of activity in this case.
Because of the extensive work required in a time-compressed period of time, I was
unable to accept and work on other cases. This case included several hearings that often,
due to the nature of the dispute, came with little notice. Scores of deadlines were
required to be met in much shorter deadlines than required under normal federal court
procedure.
10. Time Limitation Imposed by Circumstances. The time limitations in this
case were imposed by pending election schedules and the urgency of these types of
disputes.
11. Undesirability of the Case. This case is desirable from a political
perspective. However, the case is very undesirable from an economic perspective
because the expedited trial schedule and multiple forums (Texas and D.C.) placed
unusual time constraints on the development and preparation of the case and because of
the specialized nature of the actions. Moreover, the short deadlines, time commitment
Case 1:12-cv-00128-RMC-DST-RLW Document 383-4 Filed 09/10/13 Page 4 of 6
and complicated nature of the claims make other work easier and, often, more financially
rewarding.
12. Experience and Expertise. My experience has included participation in
federal litigation, extensive advocacy in state and federal cases, and preparation of
pleadings, briefs and evidence for cases in both state and federal courts. I am and have
been counsel in numerous voting rights cases. I have tried countless matters before a
court of a single judge or three judges. I have tried approximately twenty jury trials as
first chair. My trial experience includes federal and state criminal matters. My
experience is more extensively described in Exhibit E, my Curriculum Vitae.
13. It is my opinion, based on my experience and upon inquiring of other
lawyers, that the prevailing market rate for an attorney with my experience, in a difficult
and complicated civil and voting rights case is at least $375 per hour.
Costs
14. The expenses claimed in this motion are actual expenses that were
necessary to properly and successfully represent the Kennie Intervenors in this case.
They include expenses for necessary travel and deposition transcript expenses. These
expenses are described in more detail in the attached billing statement. Only some
deposition transcript expenses are shown because the intervenors divided among
themselves paying for these transcriptions.
15. I have also reviewed the invoices submitted by the Kennie Intervenors'
experts, Dr. Alan Lichtman and Randall Buck Wood, which I have appended to my time
and expense records (Exhibit F). The expert invoices are submitted as Exhibit F, parts 2
Case 1:12-cv-00128-RMC-DST-RLW Document 383-4 Filed 09/10/13 Page 5 of 6
(Lichtman) and part 3 (Wood). Both experts testified at trial. It is my opinion that both
invoices are reasonable, and that the testimony of these two witnesses and the time they
billed is both reasonable and necessary.
In closing, it is my opinion that the fees, expenses, and expert fees I have claimed
in this case are both reasonable and necessary and that, given the more than adequate
reductions I have made, should be reimbursed by the State of Texas in light of my
contributions to the prevailing claims and orders in the case.
I declare under penalty of perjury that the foregoing is true and correct to the best
of my knowledge.
Dated: September 9, 2013
/s/ Chad W. Dunn
Chad W. Dunn
Case 1:12-cv-00128-RMC-DST-RLW Document 383-4 Filed 09/10/13 Page 6 of 6
1
Chad W. Dunn BRAZIL & DUNN
4201 Cypress Creek Parkway, Suite 530 Houston, Texas 77068
281-580-6310
LICENSES/CERTIFICATIONS: Licensed to practice law in all Texas state courts
Licensed to practice law in all District of Columbia courts Licensed to practice law in the United States Supreme Court
Licensed to practice law in the United States Court of Appeals – Fifth Circuit Licensed to practice law in the United States Court of Appeals – Tenth Circuit Licensed to practice law in the United States Court of Appeals – District of Columbia
Licensed to practice law in the Texas United States District Court – Southern Region Licensed to practice law in the Texas United States District Court –
Northern Region Licensed to practice law in the Texas United States District Court – Western Region Licensed to practice law in the Texas United States District Court – Eastern Region Licensed to practice law in the United States District Court – District of Columbia
EDUCATION: May 2002 South Texas College of Law, Houston, Texas Doctor of Jurisprudence
Case 1:12-cv-00128-RMC-DST-RLW Document 383-5 Filed 09/10/13 Page 1 of 6
2
August 1999 University of Texas at Austin, Austin, Texas Bachelor of Arts in Government
PROFESSIONAL EXPERIENCE: 2006-present Brazil & Dunn
Trial Attorney: Perform all duties required by a civil litigation and appellate practice, participate in or conduct trial and mediation of causes. Prepare appellate briefs and
argue same. 2003-present Texas Democratic Party General Counsel: Attend to legal responsibilities
as directed by party needs. Handle election and constitutional cases before all state and federal courts. Handle appeals for state courts, the United States Court of Appeals for the Fifth Circuit and The United States Supreme Court. Assist with fundraising by leveraging litigation successes. Pursue aggressive litigation strategy to protect minority voting rights and fair election procedures.
2003-2007 Center Serving Persons with Mental Retardation Board Member 2002-2006 Riddle & Brazil, L.L.P.
Trial Attorney: Perform all duties required by a personal injury/civil litigation practice, participate in or conduct
trial and mediation of causes. 2001-2002 O’Quinn, Laminack and Pirtle, Houston, Texas
Law Clerk/Attorney: Assisted litigation and trial of large damage and multiple party litigation. Conducted research, drafted motions and other pleadings, prepared for and attended hearings and trial.
2001 State Senator Rodney Ellis, Austin, Texas – 77th Legislature
Policy Advisor: Reviewed and prepared summaries and voting suggestion for bills in the Jurisprudence, Health and Human Services, Education, and Natural Resources Committees; developed ideas for legislation; drafted language for bills and speeches; met with constituents, lobbyists, public officials; delivered speeches; prepared press releases and talking points; followed legislation through committees and floor debate.
Case 1:12-cv-00128-RMC-DST-RLW Document 383-5 Filed 09/10/13 Page 2 of 6
3
2000 South Texas College of Law, Houston, Texas Research Assistant, Professor Val Ricks: Conduct research on potential scholarly publications; proofread draft law review submissions; check citation forms and improve footnotation.
1999 State Representative Dawnna Dukes, Austin, Texas – 76th Legislature Legislative Assistant: Staff member concerning her
position on the Environmental Regulation Committee. Developed ideas for legislation; drafted language for bills and speeches; met with constituents, lobbyists, public officials; delivered speeches; prepared press releases and talking points; followed legislation through committees and floor debate.
1997 Senator Kay Bailey Hutchison, Washington D.C.
Legislative Intern: Coordinated with Legislative Assistants on various policy issues; attended briefings and seminars at various executive departments; discussed policy issues with various constituent groups; drafted correspondence and conducted policy research.
SELECT REPORTED CASES:
Texas v. U.S., United States District Court, District of Columbia. January 6, 2012.
279 F.R.D. 176. Suit under the Voting Rights Act concerning the implementation of
a new photo identification voter law.
Richie v. Dallas County, United States District Court, N.D. Texas, Dallas Division.
December 9, 2010. 2010 WL 5141352. Suit under the Voting Rights Act concerning
preclearance requirement for new voting equipment. Also handled two appeals to
the United States Supreme Court.
Davis v. Perry, United States District Court, W.D. Texas, San Antonio Division.
November 23, 2011. 2011 WL 6207134. Concerning the constitutionality of
statewide redistricting plans for State Senate.
Rodriguez v. Perry, United States District Court, W.D. Texas, San Antonio Division.
November 23, 2011. 835 F. Supp2d 209. Concerning the constitutionality of
statewide redistricting plans for State House and Congress.
Perez v. Perry, United States Supreme Court. January 20, 2012. Appeal in the Davis
and Rodriguez cases concerning constitutionality of statewide redistricting plans.
Case 1:12-cv-00128-RMC-DST-RLW Document 383-5 Filed 09/10/13 Page 3 of 6
4
Petteway v. Henry, United States District Court, N.D. Texas, Dallas Division.
December 9, 2011. 2011 WL 6148674. Concerning the constitutionality of
redistricting plans for Galveston County.
Rodruguez v. Harris County, United States District Court, S.D. Texas, Houston
Division. Concerning the constitutionality of redistricting plans for Harris County.
LULAC v. TDP, States District Court, W.D. Texas, San Antonio Division. August 24,
2009. 651 F.Supp.2d 700. Concerning the applicability of Section 5 of the Voting
Rights Act to actions of a political party. Also appealed to the United States Court of
Appeals for the Fifth Circuit.
In re Brown, Court of Appeals of Texas, San Antonio. July 14, 2008. 2008 WL
2725833. Suit to determine eligibility of a candidate to seek election to the Court of
Appeals.
In re Lakewood Forest Fund, Inc., Court of Appeals of Texas, Houston (14th Dist.).
October 20, 2005. 2005 WL 2674971. Suit concerning deed restrictions and a
homeowner's right to repair own property.
Texas State University-San Marcos v. Bonnin, Supreme Court of Texas. June 25,
2010. 314 S.W.3d 912. Suit to recover for the drowning death of a university student
trapped in an undertow and hidden caverns on a waterway held by the State.
DOE v. DOE, United States District Court, N.D. Texas, Dallas Division. August 12,
2008. 2008 WL 3874693, 2008 WL 5422871 and 2009 WL 306173. Suit for collection
of damages for transmission of sexual disease.
Miller v. Gibraltar Sav. Ass'n, United States District Court, S.D. Texas, Galveston
Division. July 22, 2005. 2005 WL 1719702. Suit concerning the collection of penalties
owed homeowners for failing to deliver a timely deed.
Kucinich v. Richie, United States Court of Appeals, Fifth Circuit. March 24, 2009. 563
F.3d 161. Suit to determine the extent to which the First Amendment to the U.S.
Constitution protected a political party's requirement to execute an oath to seek the
party's nomination.
Lulac of Texas v. State of Texas, United States District Court, W.D. Texas, San
Antonio Division. August 24, 2009. 651 F.Supp.2d 700 and 318 Fed.Appx. 261. Suit
concerning the scope of the Voting Rights Act.
In re Cullar, Court of Appeals of Texas, Dallas. August 19, 2010. 320 S.W.3d 560.
Suit to determine the residency of a candidate who sought election to the Texas
Senate.
Case 1:12-cv-00128-RMC-DST-RLW Document 383-5 Filed 09/10/13 Page 4 of 6
5
In re Sharp, Supreme Court of Texas. January 27, 2006. 186 S.W.3d 556. Suit to
determine eligibility of candidate to seek election as a Court of Appeals Justice in
light of alleged errors on ballot application.
Sartin v. Serum Products, LLC., United States District Court, N.D. Texas, Dallas
Division. March 25, 2008. 2008 WL 782645. Suit for damages alleged to be owed
company salesman.
Brimer v. Maxwell, Court of Appeals of Texas, Dallas. October 06, 2008. 265 S.W.3d
926. Suit to determine eligibility of nominee for election to Texas Senate.
In re Wilson, United States Bankruptcy Court, S.D. Texas, Houston Division.
November 27, 2006. 355 B.R. 600. Suit concerning the ownership and operation of
baseball training business.
Jackson v. Carlson. Court of Appeals of Texas, Austin. March 12, 2009. 2009 WL
638848. Suit concerning ownership of family ranch.
Sachtleben v. Bennett. Court of Appeals of Texas, Houston (14th Dist.). August 12,
2010. 2010 WL 3168395. Suit concerning eligibility of incumbent Justice of the Pease
for election when the candidate's ballot application lacked the requisite number of
petition signatures.
Texas State University--San Marcos v. Bonnin, Court of Appeals of Texas, Austin.
December 18, 2008. 315 S.W.3d 58. Suit for wrongful death of a student who
drowned on campus.
Richie v. Benkiser, United States Court of Appeals, Fifth Circuit. August 03, 2006 459
F.3d 582. Suit to determine whether a member of Congress was ineligible for re-
election and therefore could be replace on the ballot by party leaders.
In re Angelini, Supreme Court of Texas. February 24, 2006. 186 S.W.3d 558. Suit to
determine if an error in a ballot application was fatal to a person's a candidacy.
PUBLICATIONS/PAPERS:
“Courthouse Steps.” Monthly general legal information column for the Houston/Heights Tribune. Beginning December 2002 to present. “Doing Things Right – The First Time.” Vol. VII, No. 1 Plumbing Air-Conditioning Mechanical Contractors Association, January 2003.
Case 1:12-cv-00128-RMC-DST-RLW Document 383-5 Filed 09/10/13 Page 5 of 6
6
“Playing by the Rules: The Need for Constitutions to Define the Boundaries of the Legislative Game with a One-Subject Rule.” 34 UWLA L. Rev. ___, University of West Los Angeles Law Review, Summer 2002 “The Sophisticated Doctrine of Consideration.” 9 Geo. Mason L. Rev. 99, George Mason Law Review, Fall, 2000 by Professor Val D. Ricks. (Received footnote credit for research assistance.)
MEMBERSHIPS: Houston Bar Association Greater Houston Heights Bar Association, Founder, President 2006 Phi Delta Phi Legal Honors Fraternity Texas Bar Association
Case 1:12-cv-00128-RMC-DST-RLW Document 383-5 Filed 09/10/13 Page 6 of 6
Brazil & Dunn LLP
4201 Cypress Creek Pkwy, #530
Houston, TX 77068
Phone: (281) 580-6310
Fax: (281) 580-6362
www.brazilanddunn.com
Voter ID Statement Date: 09/09/2013
Re: [State of Texas v. Holder-Photo ID case] [U.S. District Court for D.C.]
FOR LEGAL SERVICES RENDERED
Date Description Hour Rate Amount
01/21/12 Conference with Gerry Hebert concerning
Photo ID case. .50 $375.00 No Charge
01/26/12 Conference with potential clients concerning
Photo ID case. 1.20 $375.00 No Charge
01/27/12 Conference with potential client concerning
Photo ID case. .50 $375.00 No Charge
01/30/12 Received Form Motion To Intervene from
Gerry Hebert and begin work on preparing
it for Photo ID case; conference with Gerry
Hebert concerning same. 1.20 $375.00 $ 450.00
01/30/12 Conference with Eric Kennie concerning the
Photo ID case. 1.20 $375.00 No Charge
01/31/12 Review address and voting records for Eric
Kennie. .40 $375.00 $ 150.00
01/31/12 Continue working on Motion to Intervene;
Receive case style from staff and make edits
to same; research standard for intervention. 2.10 $375.00 $ 787.50
01/31/12 Conference with clients regarding upcoming
Photo ID case. 1.70 $375.00 No Charge
01/31/12 Receive clients’ addresses and look up the
Voting history. .40 $375.00 No Charge
02/01/12 Conference with DOJ concerning their position
Case 1:12-cv-00128-RMC-DST-RLW Document 383-6 Filed 09/10/13 Page 1 of 41
Voter ID Statement Date: 09/09/2013
Page No. 2
on Kennie Intervenor’s Motion to Intervene. .20 $375.00 $ 75.00
02/01/12 Conference with Gerry Hebert concerning
Conference with DOJ. .20 $375.00 No Charge
02/01/12 Draft and Finalize Motion to Intervene and
Associated documents in the Texas Photo
ID case; receipt and review of edits from
Gerry Hebert concerning same and make
His changes to pleadings; file same with
The Court. 2.10 $375.00 $ 787.50
02/01/12 Conference with The State of Texas concerning
Their position on Motion to Intervene; edit
Motion to reflect Texas’ opposition to the
Intervention. .30 $375.00 $ 112.50
02/01/12 Correspond with Court Clerk concerning the
Filing of Intervention papers outside of the
Normal PACER process. .20 $375.00 $ 75.00
02/01/12 Respond to multiple media contacts concerning
Intervention in Photo ID case. .80 $375.00 No Charge
02/02/12 Conference with co-counsel concerning
Preparing Discovery to send to The State of
Texas .20 $375.00 $ 112.50
02/02/12 Research Discovery issues in the Photo ID
Case. .40 $375.00 $ 150.00
02/02/12 Review PACER Docket Sheet to see case
Activity. .10 $375.00 $ 37.50
02/02/12 Conference with client, Sergio DeLeon
Concerning the filing of the Photo ID case
And contacts he has received from the media. .50 $375.00 No Charge
02/04/12 Conference with Senator Ellis concerning
Photo ID case and his potential to be a
Witness. .20 $375.00 $ 75.00
02/08/12 Receipt and review of Court Notice scheduling
Hearing for February 9, 2012 at 4:45 p.m.
Conference with co-counsel concerning same. .30 $375.00 $ 112.50
02/09/12 Prepare for First Hearing in case. .50 $375.00 $ 187.50
Case 1:12-cv-00128-RMC-DST-RLW Document 383-6 Filed 09/10/13 Page 2 of 41
Voter ID Statement Date: 09/09/2013
Page No. 3
02/09/12 Call into Court Telephonic Conference and
Participate in Hearing. .80 $375.00 $ 300.00
02/15/12 Receipt and review of The United States’
Response to Kennie Intervenor’s Motion to
Intervene. .20 $375.00 $ 75.00
02/16/12 Receipt and review of The State of Texas’
Memorandum and Opposition to The Kennie
Intervenor’s Motion to Intervene; research
Authority cited therein; begin draft of Reply
Thereto. 1.80 $375.00 $ 675.00
02/21/12 Receipt and review of Initial Draft of sections
For Reply to Motion to Intervene from
Gerry Hebert; incorporate with sections into
The Reply to The State of Texas’ Memorandum
And Opposition. .40 $375.00 $ 150.00
02/21/12 Begin Initial Draft of Answer to Complaint;
Research other complaints filed in similar
Cases. 1.40 $375.00 $ 525.00
02/22/12 Continue working on Intervention Reply
Brief; research authorities for same and
Coordinate edits with Gerry Hebert. 2.20 $375.00 $ 825.00
02/22/12 Conference with Gerry Hebert concerning
Reply Brief and Amended Complaint. .20 $375.00 $ 75.00
02/23/12 Make final edits to Reply Brief and Answer
To Complaint; prepare and file same with
The Court. 2.50 $375.00 $ 937.50
03/06/12 Conference with various clients and others
Concerning the pending Photo ID case. 2.20 $375.00 No Charge
03/08/12 Receipt and review of docket entry concerning
Summons return executed. .10 $375.00 $ 37.50
03/12/12 Receipt and review of docket entry showing
Notice of Determination By The Attorney
General; review Attorney General’s
Determination Against Pre-clearance of
Photo ID law. .50 $375.00 $ 187.50
03/12/12 Conference with clients and co-counsel
Concerning DOJ’s decision pre-clearance. 1.50 $375.00 No Charge
Case 1:12-cv-00128-RMC-DST-RLW Document 383-6 Filed 09/10/13 Page 3 of 41
Voter ID Statement Date: 09/09/2013
Page No. 4
03/12/12 Receipt and review of multiple Notices
Of Appearance for additional attorneys
For the Department of Justice. .10 $375.00 $ 37.50
03/12/12 Receipt and review of Motion to Intervene
By The Texas State Conference of NAACP
Branches and MALC; review same. .30 $375.00 $ 112.50
03/12/12 Receipt and review of Motion for Leave To
File Amended Complaint by The State of
Texas with associated exhibits; review
Authorities cited in same. 1.10 $375.00 $ 412.50
03/13/12 Receipt and review of Docket Entry from
Court Setting A Telephonic Conference for
March 14, 2012 at 4:30 p.m.; arrange calendar
To attend same. .20 $375.00 $ 75.00
03/14/12 Attend Telephone Conference Hearing with
Three Judge Court. 1.50 $375.00 $ 562.50
03/14/12 Participate in Conference Call with other
Parties to meet and confer concerning pending
Motions. .40 $375.00 $ 150.00
03/15/12 Receipt and review of proposed Scheduling
Order from Adam Aston; review same and
Offer edits. .10 $375.00 $ 37.50
03/15/12 Receipt and review of Court Order Granting
Various Motions to Intervene and allowing
Leave to Amend Complaint; also scheduling
A Telephonic Conference for March 21, 2012. .20 $375.00 $ 75.00
03/15/12 Conference with Gerry Hebert concerning
Court rulings. .40 $375.00 No Charge
03/15/12 Receipt and review of Answer to Complaint
By MALC and The United States. .10 $375.00 $ 37.50
03/15/12 Make final edits of Answer to Complaint
And file same with the Court on behalf of
Kennie Intervenors. .50 $375.00 $ 187.50
03/16/12 Conference call with other Intervenors
Concerning scheduling matters. .50 $375.00 No Charge
Case 1:12-cv-00128-RMC-DST-RLW Document 383-6 Filed 09/10/13 Page 4 of 41
Voter ID Statement Date: 09/09/2013
Page No. 5
03/16/12 Participate in Conference Call with Intervenors
And DOJ concerning scheduling matters. 1.00 $375.00 No Charge
03/16/12 Receipt and review of Notice of Appearance
For Ezra Rosenberg. .10 $375.00 No Charge
03/19/12 Receipt and review of Court Order Granting
Motion to Appear for Ezra Rosenberg. .10 $375.00 $ 37.50
03/19/12 Receipt and review of Notice of Appearance
For Daniel Freeman on behalf of The United
States. .10 $375.00 $ 37.50
03/19/12 Receipt and review of Motion to Intervene
By The Texas League of Young Voters
Education Fund. .20 $375.00 $ 75.00
03/19/12 Conference call with clients and co-counsel
Concerning preparation for Discovery and
Trial in the Photo ID case. 1.50 $375.00 No Charge
03/19/12 Exchange correspondence with DOJ and The
State of Texas concerning Modifications to
The Proposed Scheduling Order. .30 $375.00 $ 112.50
03/19/12 Conference call with John Tanner concerning
Pending Photo ID case. .30 $375.00 No Charge
03/19/12 Receipt and review of letter from Department
Of Justice concerning the identities of Texas
Legislature members they wish to depose; also
Requesting documents; compare same with
Draft request for documents the Intervenors
Were preparing. .30 $375.00 $ 112.50
03/20/12 Receipt and review of Notice of Appearance
For Bruce Gear for The United States. .10 $375.00 No Charge
03/20/12 Receipt and review of Notice of Appearance
For The Texas League of Young Voters. .10 $375.00 No Charge
03/20/12 Arrange for and participate in conference call
Of Intervenors in The United States concerning
Discovery and scheduling matters. .40 $375.00 $ 150.00
03/20/12 Draft and edit Initial Rule 26 Disclosures to
File in Photo ID case; forward to Gerry
Hebert for changes. 1.50 $375.00 $ 562.50
Case 1:12-cv-00128-RMC-DST-RLW Document 383-6 Filed 09/10/13 Page 5 of 41
Voter ID Statement Date: 09/09/2013
Page No. 6
03/21/12 Conference with Intervenor’s counsel
Concerning The State’s proposal regarding
Interrogatories. .10 $375.00 $ 37.50
03/21/12 Participate in conference call with Three
Judge Court concerning Discovery, scheduling
And multiple issues in Photo ID case. 1.20 $375.00 $ 450.00
03/21/12 Receive edits to initial disclosures, finalize
Same and serve on all counsel. 1.20 $375.00 $ 450.00
03/21/12 Receipt and review of Joint Proposed Scheduling
Orders, suggest same and review final filing
Of Proposed Scheduling Order with Court. .20 $375.00 $ 75.00
03/21/12 Receipt and review of Notice of Appearance
By Gerry Hebert. .10 $375.00 No Charge
03/21/12 Receipt and review of Joint Status Report
Prepared by DOJ, suggest edits to same. .20 $375.00 $ 75.00
03/21/12 Receipt and review of Motion for Leave
To Appear Pro Hac Vice on behalf of
Multiple NAACP attorneys. .10 $375.00 No Charge
03/21/12 Receipt and review of Docket Entry
Scheduling Another Telephonic Conference
With Court on April 3, 2012. .10 $375.00 $ 37.50
03/22/12 Receipt and review of Court Orders concerning
Intervention and Pro Hac Vice Motions. .10 $375.00 $ 37.50
03/22/12 Receipt and review of Notice of Appearance
For Matthew Frederick. .10 $375.00 No Charge
03/22/12 Receipt and review of the Answer to Amended
Complaint filed by the Texas League of Young
Voters. .20 $375.00 $ 75.00
03/22/12 Receipt and review of draft electronic Discovery
Agreement; suggest changes to same; review
Multiple exchange of e-mails concerning the
Electronic Discovery Agreement; review
Appearance of Final Agreement filed with the
Court. .50 $375.00 $ 187.50
Case 1:12-cv-00128-RMC-DST-RLW Document 383-6 Filed 09/10/13 Page 6 of 41
Voter ID Statement Date: 09/09/2013
Page No. 7
03/22/12 Receipt and review of Motion For
Protective Order by The State of Texas; review
Authorities included in same. .10 $375.00 $ 37.50
03/22/12 Exchange multiple correspondence among
The Intervenors concerning document requests
And discovery requests from the Intervenor
Group; suggest edits and additions to same;
Participate in multiple telephone conferences
Concerning same. 1.50 $375.00 $ 562.50
03/23/12 Receipt and review of final interrogatories
Propounded by Intervenors. .20 $375.00 $ 75.00
03/23/12 Receipt and review of filings by The United
States and by The State of Texas concerning
Timing of upcoming election; review Affidavit
of Keith Ingram; investigate Keith Ingram’s
recent appointment to The Secretary of State’s
office; review authorities recited in both
pleadings. 2.20 $375.00 $ 825.00
03/23/12 Conference with co-counsel concerning The
State of Texas’ position concerning the
Timing of trial and upcoming election. .20 $375.00 No Charge
03/23/12 Receipt and review of Motion to Intervene
By the Southwest Voter Registration
Education Project. .20 $375.00 $ 75.00
03/26/12 Receipt and review of Opposition filed by
The State of Texas to Motions to Intervene. .20 $375.00 $ 75.00
03/26/12 Conference call with Dan Freeman at the
Department of Justice concerning Photo ID
Case. .20 $375.00 $ 75.00
03/27/12 Participate in conference call with Intervenor’s
Counsel concerning Discovery, scheduling,
Depositions and multiple other issues. 1.50 $375.00 $ 562.50
03/27/12 Receipt and review of Court Scheduling
Order setting trial for July 9, 2012 and setting
Other Discovery Deadlines; calendar same;
Conference call with Gerry Hebert concerning
Same. .30 $375.00 $ 112.50
Case 1:12-cv-00128-RMC-DST-RLW Document 383-6 Filed 09/10/13 Page 7 of 41
Voter ID Statement Date: 09/09/2013
Page No. 8
03/27/12 Prepare for and attend telephone conference
With Court concerning data base disclosure. .50 $375.00 $ 187.50
03/27/12 Receipt and review of Court Docket Entry
Order setting deadlines and requiring the
Parties to take certain action concerning
Production of data bases. .20 $375.00 $ 75.00
03/27/12 Receipt and review of Court Docket Entry
Adjusting Scheduling Order Deadlines. .10 $375.00 $ 37.50
03/27/12 Receipt and review of Motion For Protective
Order by The Department of Justice; review
Authorities cited in same. .20 $375.00 $ 75.00
03/27/12 Receipt and review of draft prepared by
Mark Posner for Intervenor’s Opposition
To The State’s Brief Asserting Privilege;
Provide edits to same. .40 $375.00 $ 150.00
03/27/12 Conference call with Senator Ellis’ office
Concerning a Scheduled Interview between
The Senator and The Department of Justice
On Photo ID. .50 $375.00 $ 187.50
03/28/12 Receipt and review of The Texas Legislative
Black Caucus’ Reply and Opposition to
Motion to Intervene. .50 $375.00 No Charge
03/29/12 Receipt and review of The State of Texas’
Notice of Confidential Data Information. .30 $375.00 No Charge
03/29/12 Receipt and review of The State of Texas’
Briefing Concerning Motion For Protective
Order; review attached evidence concerning
Alleged Kennie criminal history; review
Public data bases to confirm Kennie had
No felony convictions. 1.20 $375.00 $ 450.00
03/29/12 Receipt and review of multiple Oppositions
To the Request by The State of Texas to
Receive a Protective Order. .50 $375.00 $ 187.50
03/29/12 Receipt and review of The United States’
Motion For Leave To File A Reply
Memorandum. .10 $375.00 $ 37.50
Case 1:12-cv-00128-RMC-DST-RLW Document 383-6 Filed 09/10/13 Page 8 of 41
Voter ID Statement Date: 09/09/2013
Page No. 9
03/29/12 Receive multiple drafts of the Confidentiality
Brief to be filed by Intervenors concerning
The State of Texas’ request for Protective
Order; provide edits to multiple versions
And correspond with other Intervenor
Counsel. 1.20 $375.00 $ 450.00
03/30/12 Receipt and review of multiple Minute
Entries from the Court issuing various
Rulings on Discovery and data base
Exchange. .20 $375.00 $ 75.00
03/30/12 Prepare for and attend telephone conference
With Judge Colyer concerning data base
Issues. .80 $375.00 $ 300.00
03/30/12 Receipt and review of Order by Three
Judges concerning Protective Order requested
By State. .40 $375.00 $ 150.00
03/30/12 Receipt and review of The State of Texas’
Responses to Interrogatories and Request
For Production; review same. .40 $375.00 $ 150.00
03/31/12 Receipt and review of Encryption Code for
Discovery Responses by The United States;
Review Discovery Responses by The United
States. 1.50 $375.00 $ 562.50
04/02/12 Multiple conferences and e-mails concerning
Dividing up document production for consideration
By Intervenors’ counsel. 1.20 $375.00 $ 450.00
04/02/12 Receipt and review of Court Minute Entry
Orders granting a number Pro Hac Vice
Motions. .10 $375.00 $ 37.50
04/02/12 Receipt and review of The State of Texas’
Reply concerning Protective Order. .10 $375.00 $ 37.50
04/03/12 Receipt and review of Minute Entry Order
From Court requesting certain actions by
The State of Texas. .10 $375.00 $ 37.50
04/03/12 Conference call with John Tanner concerning
Preparation of evidence for trial. .20 $375.00 $ 75.00
Case 1:12-cv-00128-RMC-DST-RLW Document 383-6 Filed 09/10/13 Page 9 of 41
Voter ID Statement Date: 09/09/2013
Page No. 10
04/03/12 Receive a draft of letter to The State concerning
Discovery issues from Ezra Rosenberg; provide
Edits to same. .20 $375.00 $ 75.00
04/03/12 Receipt and review of The State of Texas’
Motion to File Documents Under Seal. .10 $375.00 $ 37.50
04/03/12 Receipt and review of sealed documents
File by The State of Texas concerning
Alleged criminal record by Eric Kennie. .50 $375.00 $ 187.50
04/03/12 Attend telephone conference between Three
Judge Court. 1.00 $375.00 $ 375.00
04/04/12 Receipt and review of Errata Sheet filed
The State of Texas concerning its Amended
Complaint. .10 $375.00 $ 37.50
04/04/12 Receipt and review of Amended Motion to
Intervenor by The Texas Legislative Black
Caucus. .40 $375.00 No Charge
04/04/12 Participate in conference call of Intervenors’
Counsel concerning multiple issues. 1.20 $375.00 $ 450.00
04/05/812 Provide edits to Discovery letter prepared
By Intervenors’ counsel to send to The State
Of Texas. .10 $375.00 $ 37.50
04/05/12 Receipt and review of Court Docket Entry
Denying As Moot a Motion For Leave to File
Reply on the Protective Orders. .10 $375.00 $ 37.50
04/05/12 Receipt and review of Appearances from
Multiple Counsel for Intervenors. .10 $375.00 No Charge
04/05/12 Conference with Gerry Hebert concerning
Preparation of declarations for Senators Ellis,
Davis and Representative Veasey. .20 $375.00 $ 75.00
04/05/12 Exchange multiple e-mails with members of
The Legislature and co-counsel concerning
Preparation of Sworn Declaration by
Legislators. 1.20 $375.00 $ 450.00
04/06/12 Exchange multiple e-mails concerning
Scheduling of an additional Court conference
Regarding discovery issues. .20 $375.00 $ 75.00
Case 1:12-cv-00128-RMC-DST-RLW Document 383-6 Filed 09/10/13 Page 10 of 41
Voter ID Statement Date: 09/09/2013
Page No. 11
04/06/12 Conference call with John Tanner concerning
Witness preparation for upcoming Photo ID
Trial. .20 $375.00 $ 75.00
04/09/12 Participate in conference call among Intervenors’
Counsel to divide up deposition attendance
Among counsel. 1.20 $375.00 $ 450.00
04/09/12 Exchange documents with John Tanner
Concerning declarations for use in elections
By persons without ID. .20 $375.00 $ 75.00
04/09/12 Receipt and review of The Department of
Justice’s Answer to the Amended Complaint. .10 $375.00 $ 37.50
04/10/12 Prepare for and participate in telephone
Conference with Court concerning Discovery
Disputes. 1.20 $375.00 $ 450.00
04/10/12 Receipt and review of The Department of
Justice’s Memorandum concerning Discovery
Issues for today’s telephone conference with
Court. .40 $375.00 $ 150.00
04/10/12 Participate in conference call between
Intervenors, DOJ, and The State of Texas to
Meet and confer on Discovery issues. .30 $375.00 $ 112.50
04/11/12 Receipt and review of initial list of deponents
Requested by Intervenors from Amy Rudd;
Provide edits to same and propose additional
Deponents; exchange edited draft to Intervenor
Counsel. 1.20 $375.00 $ 450.00
04/11/12 Conference call with Nancy Abudu concerning
Preparation of list of people to depose. .20 $375.00 $ 75.00
04/12/12 Receipt and review of letter from The Department
Of Justice of The State of Texas concerning
Its failure to produce a number of e-mails and
Other documents requested in Document
Production. .20 $375.00 $ 75.00
04/12/12 Exchange multiple e-mails concerning data
Base issues regarding voter registration
and social security numbers. .20 $375.00 $ 75.00
Case 1:12-cv-00128-RMC-DST-RLW Document 383-6 Filed 09/10/13 Page 11 of 41
Voter ID Statement Date: 09/09/2013
Page No. 12
04/12/12 Participate in multiple e-mails between
Intervenors and The State of Texas regarding
The scheduling of 30(b)(6) deposition over
Data base issues. .20 $375.00 $ 75.00
04/12/12 Receipt and review of multiple transcripts
From Matthew Frederick from The State
Of Texas concerning House Committee’s
On Photo ID bill. .20 $375.00 $ 75.00
04/13/12 Participate in conference call of Intervenors’
Counsel regarding scheduling and Discovery
Issues. 1.20 $375.00 $ 450.00
04/13/12 Receipt and review of Court Minute Order
Granting multiple motions to intervene and
Also directing Intervenors to identify a
Single attorney to examine deponents at
Depositions. .20 $375.00 $ 75.00
04/13/12 Receipt and review of multiple answers to
Amended Complaint filed by Intervenors. .20 $375.00 $ 75.00
04/13/12 Receipt and review of Reply filed by The
State of Texas. .10 $375.00 $ 37.50
04/14/12 Receipt and review of the Supplemental
Initial Disclosures by The United States. .30 $375.00 $ 112.50
04/15/12 Conference with Intervenors’ counsel
Concerning correspondence with The
State on Discovery issues. .20 $375.00 $ 75.00
04/16/12 Receipt and review of letter from The
Department of Justice to The State of
Texas concerning additional deficiencies
In The State’s document production and
The State’s provided privilege log. .30 $375.00 $ 112.50
04/16/12 Participate in conference call with the
Court concerning multiple Discovery issues. .70 $375.00 $ 262.50
04/16/12 Receipt and review of multiple e-mails from
The State of Texas providing legislative
Histories. .30 $375.00 $ 112.50
Case 1:12-cv-00128-RMC-DST-RLW Document 383-6 Filed 09/10/13 Page 12 of 41
Voter ID Statement Date: 09/09/2013
Page No. 13
04/16/12 Conference call with The State of Texas and
The United States conferring on multiple
Discovery issues. .50 $375.00 $ 187.50
04/16/12 Conference call with Gerry Hebert concerning
Multiple matters of Photo ID case. 1.20 $375.00 No Charge
04/16/12 Receipt and review of draft of Motion to
Postpone the Trial; provide edits to same. .20 $375.00 $ 75.00
04/16/12 Conference call with co-Intervenors counsel
Concerning multiple outstanding Discovery
Issues. 1.00 $375.00 No Charge
04/17/112 Receipt and review of Notice of Disputed
Discovery issues filed by The Attorney
General. .20 $375.00 $ 75.00
04/17/12 Receipt and review of Minute Order requesting
The United States file by April 23rd
its Motion
For Clarification Upon The Trial Date. .10 $375.00 $ 37.50
04/17/12 Participate in telephone conference with Court
Concerning a number of issues. .40 $375.00 $ 150.00
04/18/12 Participate in conference call among
Intervenors to divide up Discovery and
Deposition issues. 1.00 $375.00 $ 375.00
04/18/12 Begin edits to prepare Answer to Amended
Complaint filed by The State of Texas. 1.00 $375.00 $ 375.00
04/18/12 Exchange multiple e-mails regarding e-mail
Search term to be used The State of Texas in
Producing legislative e-mails. .50 $375.00 $ 187.50
04/18/12 Participate in conference call of Intervenors’
Counsel to work through Discovery and
Scheduling issues and divide up matters among
Intervenor counsel. .80 $375.00 $ 300.00
04/18/12 Participate in conference call with other
Members of the deponent team for Intervenors
To determine who should be deposed and who
Would cover certain depositions; exchange
e-mails among Intervenors explaining our
findings. 1.20 $375.00 $ 450.00
Case 1:12-cv-00128-RMC-DST-RLW Document 383-6 Filed 09/10/13 Page 13 of 41
Voter ID Statement Date: 09/09/2013
Page No. 14
04/19/12 Receipt and review from Gerry Hebert
Changes to Amended Complaint; incorporate
Same; File same with the Court. 1.50 $375.00 $ 562.50
04/19/12 Begin preparation of and edits to a deposition
Outline for upcoming legislator depositions. 1.10 $375.00 $ 412.50
04/19/12 Exchange of multiple e-mails with Intervenor
Counsel concerning e-mail searches to be
Performed by The State of Texas on legislative
e-mails. .50 $375.00 $ 187.50
04/19/12 Research foreign languages available on
Registration Cards and The State of Texas’
Proposed election documents concerning Photo
ID. .40 $375.00 $ 150.00
04/20/12 Receipt and review of draft concerning postpone-
Ment of trial brief and provide edits to same. .20 $375.00 $ 75.00
04/20/12 Receipt and review of The State of Texas’
Supplemental document production and responses
To Interrogatories. .50 $375.00 $ 187.50
04/20/12 Receipt and review of Court Order Denying a
Motion For Protective Order. .20 $375.00 $ 75.00
04/20/12 Receipt and review of The State of Texas’ Notice
Regarding subpoena. .10 $375.00 $ 37.50
04/23/12 Conference call with Senator Ellis’ office concerning
Photo ID case and his testimony. .30 $375.00 $ 112.50
04/23/12 Receipt and review of Motion to Clarify Schedule
Filed by The Department of Justice. .40 $375.00 $ 150.00
04/23/12 Multiple conference calls and exchange of e-mails
With Intervenors’ counsel concerning depositions
That are desired to take and priority in scheduling
Such depositions. 1.20 $375.00 $ 450.00
04/24/12 Receipt and review of Brief filed by The State
Of Texas concerning legislative privilege
Assertion. .50 $375.00 $ 187.50
04/24/12 Gather together legislative privilege research
Performed in other cases and forward same to
Co-counsel for Intervenors. .20 $375.00 $ 75.00
Case 1:12-cv-00128-RMC-DST-RLW Document 383-6 Filed 09/10/13 Page 14 of 41
Voter ID Statement Date: 09/09/2013
Page No. 15
04/25/12 Participate in telephone conference with The
State and The United States on a meet and
Confer for several discovery issues. 1.00 $375.00 $ 375.00
04/25/12 Receipt and review of multiple Docket Entries
By the Court concerning corrected docket entries
And resetting deadlines; also receipt and review
Of Court Notice concerning transcript availability
Of proceedings. .10 $375.00 $ 37.50
04/25/12 Receipt and review of Motion to Compel the
Production of Documents and Privilege Log filed
By The United States against The State of Texas. .20 $375.00 $ 75.00
04/26/12 Receipt and review from Gerry Hebert form
Objections and answers to Texas Interrogatories
Used in a redistricting case; begin edits and changes
To those two; provided interrogatory responses to
The State on behalf of the Kennie Intervenors. 2.20 $375.00 $ 825.00
04/26/12 Receipt and review of Scheduling Order entered
In the South Carolina Photo ID case and review
Applicability to Texas case. .10 $375.00 $ 37.50
04/27/12 Participate in conference call of Intervenors’
Counsel coordinating responses to The State of
Texas Interrogatories and requests for production
Propounded to all the Intervenors. 1.20 $375.00 $ 450.00
04/27/12 Receipt and review of multiple e-mails seeking
Additional telephone conference with the Court
Regarding discovery issues. .10 $375.00 $ 37.50
04/27/12 Research media reports concerning in person
Voter fraud in Texas over the last ten (10) years. 2.20 $375.00 $ 825.00
04/27/12 Prepare Verifications to be signed by each
Plaintiff in response to their Interrogatories. .80 $375.00 $ 300.00
04/27/12 Multiple conferences with clients concerning
Their responses to discovery and interrogatories. 1.8 $375.00 $ 675.00
04/27/12 Receipt and review of discovery requests
Propounded to Kennie Intervenors by The State
Of Texas. .40 $375.00 $ 150.00
Case 1:12-cv-00128-RMC-DST-RLW Document 383-6 Filed 09/10/13 Page 15 of 41
Voter ID Statement Date: 09/09/2013
Page No. 16
04/27/12 Conference with Gerry Hebert regarding
Answering The State of Texas discovery
Requests. .30 $375.00 No Charge
04/27/12 Receipt and review of The State’s response
To DOJ’s Motion to Clarify The Trial Schedule. .20 $375.00 $ 75.00
04/27/12 Receipt and review of The State’s Advisory
Regarding discovery. .20 $375.00 $ 75.00
04/27/12 Receipt and review of letter from The State
Of Texas concerning the data base fields and
The drivers’ license data base. .20 $375.00 $ 75.00
04/30/12 Continue to work with clients to prepare their
Responses to Interrogatories and requests for
Production. 4.50 $375.00 $1,687.50
04/30/12 Receipt and review of The State of Texas’
Response and Motion to Compel filed by The
United States. .20 $375.00 $ 75.00
04/30/12 Prepare for and participate in Court telephone
Hearing regarding data base issues. .40 $375.00 $ 150.00
05/01/12 Receipt and review of Court Order scheduling
Status Conference for May 3, 2012. .10 $375.00 $ 37.50
05/01/12 Continue working on drafts of Interrogatories
And requests for production responses for each
Of the Kennie Intervenors. 4.20 $375.00 $1,575.00
05/01/12 Conference call with Gerry Hebert concerning
Responses to discovery. .40 $375.00 No Charge
05/01/12 Conference call with and coordinate receiving
Signed Verifications from each of the Kennie
Intervenors. .80 $375.00 $ 300.00
05/02/12 Receipt and review of The State of Texas’
Advisory concerning data base production. .10 $375.00 $ 37.50
05/02/12 Participate and meet and confer conference
Call between The State of Texas, Intervenors
And The United States. .60 $375.00 $ 225.00
Case 1:12-cv-00128-RMC-DST-RLW Document 383-6 Filed 09/10/13 Page 16 of 41
Voter ID Statement Date: 09/09/2013
Page No. 17
05/02/12 Continue edits and finalize responses to
Interrogatories and requests for production to
The State of Texas; continue collecting signed
Verifications from Kennie Intervenors to
Accompany responses to discovery. 4.40 $375.00 $1,650.00
05/02/12 Receipt and review of requests for admissions
Propounded by The State of Texas. .20 $375.00 $ 75.00
05/02/12 Receipt and review of documents pulled from
The State’s document production concerning
Average wait times at DPS’ Drivers License
Offices. .20 $375.00 $ 75.00
05/02/12 Conference call with Ezra Rosenberg concerning
Various discovery issues and the scheduling of
Upcoming depositions. .40 $375.00 $ 150.00
05/03/12 Receipt and review of Court Minute Order
Requiring The State of Texas to produce certain
Fields to the Team data base. .10 $375.00 $ 37.50
05/03/12 Receipt and review of Motion for Protective
Order from The United States concerning the
Social Security data base. .20 $375.00 $ 75.00
05/03/12 Receipt and review of The United States responses
To Motion to Compel. .20 $375.00 $ 75.00
05/03/12 Participate in conference call with the Court of
Three Judges including the testimony of
Secretary of State employee Keith Ingram. 1.80 $375.00 $ 675.00
05/03/12 Provided drafts of responses to The State of
Texas discovery by Kennie Intervenors to other
Intervenors’ counsel to coordinate responses;
Receive suggestions and return. .50 $375.00 $ 187.50
05/03/12 Receipt and review of responses to discovery
Propounded by The State of Texas to other
Intervenors. .20 $375.00 $ 75.00
05/04/12 Receipt and review of letter from The Department
Of Justice to The State of Texas arranging for
The scheduling of multiple legislator and other
Witness depositions. .20 $375.00 $ 75.00
Case 1:12-cv-00128-RMC-DST-RLW Document 383-6 Filed 09/10/13 Page 17 of 41
Voter ID Statement Date: 09/09/2013
Page No. 18
05/04/12 Receipt and review of Notice of Data Base
Production by The State of Texas. .20 $375.00 $ 75.00
05/04/12 Receipt and review of Minute Order from
Court requiring a report by May 8th
of various
Issues related to data base production. .20 $375.00 $ 75.00
05/07/12 Receipt and review of multiple advisories
Concerning data base production. .40 $375.00 $ 150.00
05/07/12 Exchange multiple e-mail between counsel
Arranging for and scheduling multiple legislator
Depositions. .40 $375.00 $ 150.00
05/07/12 Participate in conference call with The Department
Of Justice concerning upcoming depositions
Witnesses in Texas. .80 $375.00 $ 300.00
05/07/12 Receipt and review of The Department of
Justice’s letter to The State of Texas concerning
Their assertion of privilege concerning various
Documents. .20 $375.00 $ 75.00
05/07/12 Receipt and review of letter from The’
Department of Justice to The State of Texas
Regarding production as a Team data base. .10 $375.00 $ 37.50
05/07/12 Receipt and review of multiple responses to
The State of Texas’ requests for admissions. .20 $375.00 $ 75.00
05/08/12 Participate in telephone conference before
Three Judge Court. 1.20 $375.00 $ 450.00
05/08/12 Participate in conference call of Intervenors’
Counsel regarding deposition and discovery
Issues. 1.50 $375.00 $ 562.50
05/08/12 Continue edits to Kennie Intervenors’ responses
To discovery with request to the requests for
Admissions propounded The State; conference
With each client concerning admissions
Responses. 4.40 $375.00 $1,650.00
05/08/12 Conference call with Gerry Hebert regarding
Responses to admissions. .40 $375.00 No Charge
Case 1:12-cv-00128-RMC-DST-RLW Document 383-6 Filed 09/10/13 Page 18 of 41
Voter ID Statement Date: 09/09/2013
Page No. 19
05/08/12 Receipt and review of multiple discovery
Responses to The State’s requests by other
Intervenors. .50 $375.00 No Charge
05/08/12 Receipt and review of letter from The State
Of Texas concerning alleged deficiencies in
The Kennie Intervenors responses to discovery. .20 $375.00 $ 75.00
05/08/12 Conference call with Gerry Hebert concerning
The State of Texas’ complaints with Kennie
Intervenors’ responses to discovery. .40 $375.00 No Charge
05/09/12 Receipt and review of Court’s Minute Order
Concerning multiple data base document
Production issues. .20 $375.00 $ 75.00
05/09/12 Receipt and review of The State of Texas’
Filings under seal, and Motion to Support
Same. .10 $375.00 $ 37.50
05/09/12 Conference with The State of Texas regarding
Its Motion to Extend The Time To Respond
To The Court’s Trial Schedule questions. .10 $375.00 $ 37.50
05/09/12 Receipt and review of The State of Texas’
Motion For Extension of Time. .10 $375.00 $ 37.50
05/09/12 Receipt and review of Court Order Granting
Motion For Extension of Time. .10 $375.00 $ 37.50
05/09/12 Exchange e-mails with Intervenor counsel and
Images of voter registration cards concerning
The conflicting language on the back of the
Voter registration card concerning photo id
And its inaccuracy based on the law. .20 $375.00 $ 75.00
05/09/12 Participate in conference call among Intervenor
Counsels regarding depositions and multiple
Other discovery issues. 1.10 $375.00 $ 412.50
05/09/12 Participate in conference call among Intervenor
Deponent Team concerning additional depositions
To request. .30 $375.00 $ 112.50
05/09/12 Conference call with Nancy Abudu concerning
Scheduling upcoming depositions. .20 $375.00 $ 75.00
Case 1:12-cv-00128-RMC-DST-RLW Document 383-6 Filed 09/10/13 Page 19 of 41
Voter ID Statement Date: 09/09/2013
Page No. 20
05/09/12 Receipt and review of letter from The United
States to The State of Texas concerning
Protective Order issues. .10 $375.00 $ 37.50
05/09/12 Begin preparing form deposition outline for
Upcoming legislator depositions. 1.20 $375.00 $ 450.00
05/10/12 Continue working on deposition outline for
Legislator depositions to be used by Intervenor
Counsel. 1.70 $375.00 $ 637.50
05/10/12 Exchange multiple e-mails regarding The State
Of Texas’ Motion on Protective Order. .10 $375.00 $ 37.50
05/10/12 Receipt and review of Intervenors’ draft Brief
In Opposition To Motion For Protective Order
And provide edits to same. .40 $375.00 $ 150.00
05/10/12 Prepare Motion For Leave To Appear Pro Hac
Vice for K. Scott Brazil and Order In Support
So that Mr. Brazil can assist with covering of
Depositions; file same with the Court. .40 $375.00 $ 150.00
05/10/12 Conference call with Ezra Rosenberg regarding
Dividing up of upcoming depositions among
Counsel. .10 $375.00 $ 37.50
05/10/12 Continue conference calls with Intervenor
Deponent Team to ensure a comprehensive
Lists of Deponents and to discuss each issue
We hope to learn from each deponent. 1.40 $375.00 $ 525.00
05/11/12 Finalize draft of Kennie Intervenors’ Responses
To Admissions and send draft to Gerry
Hebert for his edits. 2.10 $375.00 $ 787.50
05/11/12 Receipt and review of Gerry Hebert’s
Changes to Admissions; incorporate same;
Finalize and send documents. .80 $375.00 $ 300.00
05/11/12 Conference call with The State of Texas
Concerning Kennie Intervenors’ Discovery
Responses. .10 $375.00 $ 37.50
05/11/12 Receipt and review of multiple Docket
Entries and associated documents concerning
Data base discovery. 1.20 $375.00 No Charge
Case 1:12-cv-00128-RMC-DST-RLW Document 383-6 Filed 09/10/13 Page 20 of 41
Voter ID Statement Date: 09/09/2013
Page No. 21
05/12/12 Receipt and review of Deposition Notices
From The State of Texas for Rule 30(b)(6)
Depositions of MALC and NAACP. .20 $375.00 $ 75.00
05/12/12 Make flight and hotel accommodations for
Upcoming Photo ID trial. 1.10 $375.00 No Charge
05/13/12 Conference call with Intervenor counsel
Concerning upcoming Rule 30(b)(6) depositions
Of organizational intervenor defendants. .50 $375.00 No Charge
05/13/12 Finalize edits to proposed deposition outline
For upcoming depositions and forward same
To Intervenor counsel. 2.20 $375.00 $ 825.00
05/14/12 Receipt and review of Deposition Notice
From The State of Texas concerning Kennie
Intervenors and conference call with The
State of Texas regarding more appropriate
Dates. .30 $375.00 $ 112.50
05/14/12 Conference call with clients to arrange their
Availability for deposition. .50 $375.00 $ 187.50
05/14/12 Receipt and review of new information
Concerning Texas’ DPS’s requirements of
Documentation to obtain driver’s license
Just issued. .20 $375.00 $ 75.00
05/14/12 Participate in conference call with Intervenor
Counsel to coordinate upcoming depositions. .30 $375.00 $ 112.50
05/14/12 Travel to and from Austin, Texas to attend
The deposition of Koby Bueck. 4.50 $375.00 No Charge
05/14/12 Participate in the deposition of Koby Bueck. 6.20 $375.00 $2,325.00
05/15/12 Receipt and review of edits to deposition
Outline from Intervenors’ counsel; incorporate
Same. .20 $375.00 $ 75.00
05/15/12 Participate in deposition of Senator Troy
Fraser. 6.20 $375.00 $2,325.00
05/15/12 Receipt and review of The United States
Request for conference call to the Court
Concerning outgoing depositions and
Legislative privilege. .10 $375.00 $ 37.50
Case 1:12-cv-00128-RMC-DST-RLW Document 383-6 Filed 09/10/13 Page 21 of 41
Voter ID Statement Date: 09/09/2013
Page No. 22
05/15/12 Conference call with Gerry Hebert concerning
Status of ongoing depositions. .40 $375.00 No Charge
05/16/12 Participate in conference call with Court regarding
Legislative privilege issues as it relates to
Depositions. .80 $375.00 $ 300.00
05/16/12 Conference call with Gerry Hebert concerning
The State of Texas’ objections to our discovery
Responses. .30 $375.00 No Charge
05/16/12 Conference call with John Tanner regarding
Election Day form for use by poll watchers
Concerning Photo ID. .20 $375.00 $ 75.00
05/16/12 Participate in conference call with other members
Of the Intervenor Deponents Team to discuss
Additional depositions to request and the
Schedule for already scheduled depositions. 1.20 $375.00 $ 450.00
05/17/12 Travel to and from Austin, Texas to attend
Depositions. 4.50 $375.00 No Charge
05/17/12 Participate in deposition of Senator Troy
Fraser. 6.20 $375.00 $2,325.00
05/17/12 Receipt and review of Court Order by Judge
Wilkins concerning legislative privilege and
Depositions; review same and conference call
With other attorneys covering depositions. .30 $375.00 $ 112.50
05/17/12 Receipt and review of the model ALEC Voter
ID loan compared to SB14. .30 $375.00 $ 112.50
05/17/12 Coordinate with Nancy Abudu concerning
Deposition issues and coordinating those
Issues to remaining Intervenor counsel. .20 $375.00 $ 75.00
05/17/12 Conference call with Gerry Hebert concerning
Several issues. .80 $375.00 No Charge
05/17/12 Conference call with Gerry Hebert regarding
The State of Texas’ request to depose State
Representative Mark Veasey and the
Applicability of legislative privilege to such
Deposition. .30 $375.00 $ 112.50
Case 1:12-cv-00128-RMC-DST-RLW Document 383-6 Filed 09/10/13 Page 22 of 41
Voter ID Statement Date: 09/09/2013
Page No. 23
05/17/12 Conference call with Elizabeth Westfall at
Department of Justice concerning depositions. .20 $375.00 $ 75.00
05/18/12 Participate in conference call with Three Judge
Court. 1.20 $375.00 $ 450.00
05/18/12 Participate in conference call with Intervenors’
Counsel to divide up work and handle discovery
And deposition issues. 1.10 $375.00 $ 412.50
05/18/12 Receipt and review of Docket Entry showing
Notice of Appearance for law firm of Bartlit
Beck for The State of Texas; investigate named
Attorneys. .20 $375.00 No Charge
05/18/12 Participate in conference call with Three Judge
Court. 1.00 $375.00 $ 375.00
05/18/12 Receipt and review of The State of Texas’
Response to the Court’s Order concerning
Discovery requests. .20 $375.00 $ 75.00
05/18/12 Receipt and review of The United States’
Reply and Opposition to Motion For Protective
Order. .10 $375.00 $ 37.50
05/19/12 Confer with the Intervenor Deponent Team to
Discuss past and future depositions and make
Recommendations to the Intervenor Group. 1.10 $375.00 $ 412.50
05/19/12 Receipt and review of draft of transcript for
Senator Fraser’s deposition; review for excerpts
To use in Motion to Reschedule Senator
Fraser’s deposition. 1.50 $375.00 $ 562.50
05/20/12 Receipt and review of draft Brief from
Intervenors concerning discovery issues;
Provide edits to same and return. .40 $375.00 $ 150.00
05/21/12 Multiple e-mails and telephone conferences
To arrange Representative Veasey’s deposition
In Fort Worth. 1.20 $375.00 $ 450.00
05/21/12 Arrange for conference space in Austin, Texas
For depositions of Senator Wendy Davis and
Intervenor Kennie. .20 $375.00 $ 75.00
Case 1:12-cv-00128-RMC-DST-RLW Document 383-6 Filed 09/10/13 Page 23 of 41
Voter ID Statement Date: 09/09/2013
Page No. 24
05/21/12 Receipt and review of past deposition for
Secretary of State employee Anne McGeehan. .20 $375.00 $ 75.00
05/21/12 Review the witness folders created on the
Intervenor shared network system for documents
To use in depositions. 1.80 $375.00 $ 675.00
05/21/12 Receipt and review of Motion To Compel filed
By The State of Texas. .20 $375.00 $ 75.00
05/21/12 Receipt and review of The State of Texas’
Objection to the scheduling of the deposition
Of Dewhurst. .10 $375.00 $ 37.50
05/21/12 Receipt and review of The State of Texas’
Motion For Protective Order concerning the
Dewhurst deposition. .20 $375.00 $ 75.00
05/21/12 Receipt and review of Motion to Compel
Production of documents and testimony by
Intervenors. .10 $375.00 $ 37.50
05/21/12 Receipt and review of The United States’
Motion To Compel The State of Texas to
Produce documents and testimony. .20 $375.00 $ 75.00
05/21/12 Conference call with Gerry Hebert regarding
Multiple issues. .50 $375.00 No Charge
05/22/12 Receipt and review of Court Order Denying
The Motion to Move The Trial Date. .30 $375.00 $ 112.50
05/22/12 Conference call with Gerry Hebert concerning
Potential expert witnesses. .40 $375.00 $ 150.00
05/22/12 Conference call with multiple individuals
Concerning consideration of their giving
Expert testimony in the Photo ID case. .60 $375.00 $ 225.00
05/22/12 Conference call with Senator Ellis concerning
His upcoming deposition and testimony in the
Case. .30 $375.00 $ 112.50
05/22/12 Conference call with The State of Texas
Concerning witnesses Kennie Intervenors intend
To call at trial and therefore necessitate
Deposition. .20 $375.00 $ 75.00
Case 1:12-cv-00128-RMC-DST-RLW Document 383-6 Filed 09/10/13 Page 24 of 41
Voter ID Statement Date: 09/09/2013
Page No. 25
05/22/12 Conference call with Ezra Rosenberg concerning
Deposition issues. .10 $375.00 $ 37.50
05/23/12 Exchange multiple e-mails concerning
Scheduling a conference with the Department
Of Justice to discuss multiple issues and
Preparation for trial. .20 $375.00 $ 75.00
05/23/12 Conference call with the Brennan Center
Attorneys concerning depositions taken of
Kennie Intervenors. .20 $375.00 $ 75.00
05/23/12 Conference with Gerry Hebert and Alan
Lichtman concerning his testimony as an
Expert in the upcoming case. .10 $375.00 $ 37.50
05/24/12 Coordinate with Senator Ellis’ staff the
Scheduling of his upcoming deposition. .20 $375.00 $ 75.00
05/24/12 Receipt and review of Court’s Order concerning
The State of Texas’ Motion of Extension of
Time to Produce Privilege Logs. .10 $375.00 $ 37.50
05/24/12 Receipt and review of the Department of
Justice’s Notice concerning e-mail privilege
Log. .10 $375.00 $ 37.50
05/24/12 Receipt and review of multiple motions and
Responses concerning Motions to Compel. .30 $375.00 $ 112.50
05/24/12 Conference call with Intervenor Deponent
Team to discuss additional depositions needed
Before discovery period ends. .50 $375.00 $ 187.50
05/24/12 Conference call with Senator Davis’ office
To schedule her deposition. .20 $375.00 $ 75.00
05/25/12 Receipt and review of an Evidence and Proof
Chart prepared by Dechert; make changes to
Same; review and consider in light of the
Depositions taken. .50 $375.00 $ 187.50
05/25/12 Receipt and review of letter from The Department
Of Justice to The State of Texas regarding its
Assertion of legislative privilege over the
Governor and Lieutenant Governor. .20 $375.00 $ 75.00
Case 1:12-cv-00128-RMC-DST-RLW Document 383-6 Filed 09/10/13 Page 25 of 41
Voter ID Statement Date: 09/09/2013
Page No. 26
05/25/12 Multiple conferences to schedule Senator Davis’
Deposition and location. .20 $375.00 $ 75.00
05/25/12 Receipt and review of letter from The State
Of Texas to the Court regarding privilege
Issues. .10 $375.00 $ 37.50
05/25/12 Receipt and review of Court e-mail providing
Instructions of the exchange of documents
In light of recent Court Orders. .10 $375.00 $ 37.50
05/25/12 Receipt and review of a number Deposition
Notices from The State of Texas and schedule
Same. .10 $375.00 $ 37.50
05/25/12 Receipt and review of Deposition Notices for
Senators Ellis and Davis and forward same to
Them and their staff. .20 $375.00 $ 75.00
05/25/12 Exchange e-mails with The State of Texas
Concerning accommodations for deposition
And disclosure of additional potential trial
Witnesses. .10 $375.00 $ 37.50
05/26/12 Receipt and review of Deposition Notice
Issues by The United States for a Major
Mitchell and calendar same. .10 $375.00 $ 37.50
05/26/12 Receipt and review of The State of Texas’
Notice of Compliance With Court’s Orders
Filed with the Court. .10 $375.00 $ 37.50
05/27/12 Receipt and review of draft Reply by
Intervenors on legislative privilege issues;
Offer commits and confer with co-counsel. .20 $375.00 $ 75.00
05/28/12 Receipt and review of Court Order concerning
The Lieutenant Governor privilege discovery
Dispute. .10 $375.00 $ 37.50
05/29/12 Travel to and from Austin, Texas to attend
Deposition. 4.50 $375.00 No Charge
05/29/12 Participate in deposition of Michael
Schofield. 6.20 $375.00 $2,325.00
Case 1:12-cv-00128-RMC-DST-RLW Document 383-6 Filed 09/10/13 Page 26 of 41
Voter ID Statement Date: 09/09/2013
Page No. 27
05/29/12 Exchange e-mails with Intervenors’ counsel
Dividing up upcoming depositions for
Coverage; telephone conference call with
Ezra Rosenberg. .30 $375.00 $ 112.50
05/29/12 Receipt and review of The States of
Texas’ Notice of Depositions for Veasey,
Burns and Kennie; forward same for
Deponents and confirm deposition
Locations are available. .50 $375.00 $ 187.50
05/29/12 Conference call with Intervenors’ counsel
Regarding issuing deposition notices for
Deniece Davis and Karina Davis. .20 $375.00 $ 75.00
05/29/12 Conference call with Gerry Hebert and Eric
Kennie regarding his upcoming deposition. .30 $375.00 $ 112.50
05/29/12 Receipt and review from The State of Texas
A draft Motion To Alter Scheduling Order. .10 $375.00 $ 37.50
05/29/12 Conference call with Gerry Hebert concerning
The State of Texas’ proposed Scheduling
Order modifications. .20 $375.00 No Charge
05/29/12 Receipt and review of multiple reply and
Responses concerning Motions to Compel
Filed by The State of Texas and The
Department of Justice. .50 $375.00 $ 187.50
05/30/12 Conference call with Intervenors’ counsel
Regarding Intervenors’ position on The
State of Texas’ Motion to Modify Scheduling
Order. .20 $375.00 $ 75.00
05/30/12 Participate in conference call with The
State of Texas and Intervenors’ counsel
Concerning position on Scheduling Order. .30 $375.00 $ 112.50
05/30/12 Conference call with Senator Davis’ office
To arrange preparation time for her
Deposition. .10 $375.00 $ 37.50
05/30/12 [Scott Brazil] Travel to and from Austin,
Texas to attend Photo ID depositions. 4.50 $375.00 No Charge
05/30/12 [Scott Brazil] Attend the deposition of
Brian Birdwell. 6.20 $375.00 $2,325.00
Case 1:12-cv-00128-RMC-DST-RLW Document 383-6 Filed 09/10/13 Page 27 of 41
Voter ID Statement Date: 09/09/2013
Page No. 28
05/30/12 Travel to and from Austin, Texas to attend
Depositions. 4.50 $375.00 No Charge
05/30/12 Participate in deposition of Senator Dan
Patrick. 5.40 $375.00 $2,025.00
05/30/12 [Scott Brazil] Attend the deposition of
Brian Birdwell. 6.20 $375.00 $2,325.00
05/31/12 [Scott Brazil]Participate in deposition of
Representative Gonzales. 6.20 $375.00 $2,325.00
05/31/12 Conference call with The State of Texas
Regarding their request to move Senator
Davis’ deposition. .20 $375.00 $ 75.00
05/31/12 Conference call with Gerry Hebert regarding
Reviewing depositions and creating
Designations. .50 $375.00 $ 187.50
05/31/12 Receipt and review of The State of Texas’
Amended Rule 30(b)(6) Deposition Notice
Of League of Women Voters. .10 $375.00 $ 37.50
06/01/12 Receipt and review of draft Memorandum
In Opposition to the Motion To Modify
Scheduling Order; receipt and review of
Final filed with the Court. .10 $375.00 $ 37.50
06/01/12 Receipt and review and exchange
Correspondence regarding procedure to
Follow to exchange or file expert disclosures. .10 $375.00 $ 37.50
06/01/12 Conference call with Intervenors’ counsel
Regarding Senators Van De Putte and
Zaffirini as well as election officials from
Various counties to be called as witnesses
At trial. .30 $375.00 $ 112.50
06/01/12 Conference call with Representative Dukes
Concerning her testimony as a witness in
The Photo ID case. .50 $375.00 $ 187.50
06/01/12 Receipt and review of The State of Texas’
Designation of Experts; review expert
Reports and consider experts to hire in
Response; contact with several potential
Case 1:12-cv-00128-RMC-DST-RLW Document 383-6 Filed 09/10/13 Page 28 of 41
Voter ID Statement Date: 09/09/2013
Page No. 29
Experts. 4.10 $375.00 $1,537.50
06/01/12 Conference call with Gerry Hebert regarding
The State of Texas’ expert designation. .50 $375.00 No Charge
06/02/12 Receipt and review of The United States’
Designation of Experts; consider in light of
Experts contacted to be used on behalf of
Kennie Intervenors. 2.10 $375.00 $ 787.50
06/02/12 Exchange e-mails with Intervenors’ counsel
Dividing up upcoming depositions for
Coverage. .20 $375.00 $ 75.00
06/03/12 Exchange e-mails with The State of Texas
Regarding retaining the schedule of deposition
For Senator Davis and Kennie; also discuss
Scheduling other depositions of potential
Trial witnesses. .20 $375.00 $ 75.00
06/04/12 Conference call with Gerry Hebert and Dr.
Lichtman concerning preparation of his
Report .20 $375.00 $ 75.00
06/04/12 Conference call with co-counsel concerning
Deposition summaries. .10 $375.00 $ 37.50
06/04/12 Conference call with Dallas County election
Officials concerning affects of Photo ID on
Election administration in preparation of a
Declaration concerning same. 1.50 $375.00 $ 562.50
06/05/12 Conference call with Intervenors’ counsel
To divide up additional deposition scheduled. .20 $375.00 $ 75.00
06/05/12 Receipt and review of additional Rule 30(b)(6)
Deposition Notices issued by The State of
Texas. .10 $375.00 $ 37.50
06/05/12 Prepare, edit and provide The State of Texas’
Amended Responses to Disclosures. .40 $375.00 $ 150.00
06/05/12 Conference call with Intervenors’ counsel
Concerning issuing Third Party subpoenas
For trial. .10 $375.00 $ 37.50
06/05/12 Receipt and review of Motion to Compel by
The United States. .10 $375.00 $ 37.50
Case 1:12-cv-00128-RMC-DST-RLW Document 383-6 Filed 09/10/13 Page 29 of 41
Voter ID Statement Date: 09/09/2013
Page No. 30
06/05/12 Receipt and review of Order by Court
Concerning Motion to Compel. .20 $375.00 $ 75.00
06/05/12 Receipt and review of Court Order regarding
Specific documents that must be turned over
By The State of Texas. .10 $375.00 $ 37.50
06/05/12 Receipt and review of The Unite States’ response
Concerning Modifying the Scheduling Order. .10 $375.00 $ 37.50
06/06/12 Travel to and from Austin, Texas to attend
Depositions. 4.50 $375.00 No Charge
06/06/12 Conference with Senator Wendy Davis to
Prepare for deposition. 1.00 $375.00 $ 375.00
06/06/12 Present and prepare Senator Wendy Davis for deposition
Taken by The State of Texas. 5.10 $375.00 $ 1,912.50
06/06/12 Present and prepare Eric Kennie for deposition
Taken by The State of Texas. 3.10 $375.00
06/06/12 Receipt and review of Court Order requiring
Responses to Motion to Compel by June 7th
. .10 $375.00 $ 37.50
06/06/12 Conference call with Intervenors’ counsel about
Obtaining an Extension To Produce Expert
Reports. .10 $375.00 $ 37.50
06/06/12 Receipt and review of rough draft of Senator
Davis’ deposition transcript; review of same
For errors; forward same to Senator Davis’
Office for review. .50 $375.00 $ 187.50
06/06/12 Conference call with The State of Texas
Regarding Reconvening Representative
Harless’ deposition. .20 $375.00 $ 75.00
06/06/12 Conference call with Intervenors’ counsel
Regarding using Buck Wood as an expert. .20 $375.00 $ 75.00
06/07/12 Prepare Intervenors Veasey and Burns for
Their depositions. 1.50 $375.00 $ 562.50
06/07/12 Present Intervenors Veasey and Burns for
Depositions taken by The State of Texas. 6.50 $375.00 $2,437.50
Case 1:12-cv-00128-RMC-DST-RLW Document 383-6 Filed 09/10/13 Page 30 of 41
Voter ID Statement Date: 09/09/2013
Page No. 31
06/07/12 Travel to and from Fort Worth, Texas. 6.50 $375.00 No Charge
06/07/12 [Scott Brazil] Travel and from Austin,
Texas to attend depositions. 5.00 $375.00 No Charge
06/07/12 [Scott Brazil] Attend deposition of Senator
Robert Duncan. 6.50 $375.00 $2,437.50
06/07/12 Conference call with Department of Justice
Regarding logistics for Representative
Veasey deposition. .10 $375.00 $ 37.50
06/07/12 Multiple conferences with Buck Wood; prepare
Initial draft of Wood Expert Report; go over
Report with Buck Wood and make changes
To same and forward first final draft of Wood
Report to other Intervenors’ counsel for
Suggestions. 5.50 $375.00 $2,062.50
06/07/12 Conference call with Anne Burns concerning
Her deposition and the case. .20 $375.00 $ 75.00
06/07/12 Receipt and review of additional briefing on
Adjustments to the Scheduling Order. .10 $375.00 $ 37.50
06/07/12 Receipt and review of Order from Judge
Tatel concerning the Motion to Compel. .10 $375.00 $ 37.50
06/07/12 Receipt and review of Court Minute
Orders Altering the Scheduling Order. .10 $375.00 $ 37.50
06/07/12 Exchange e-mails with The State of Texas
And the Court Clerk regarding the Kennie
Intervenors Seeking to Reconvene the
Deposition of Harless. .20 $375.00 $ 75.00
06/08/12 [Scott Brazil] Travel to and from Austin,
Texas to attend depositions. 4.50 $375.00 No Charge
06/08/12 [Scott Brazil] Attend deposition of Carlos
Uresti. 6.60 $375.00 $2,475.00
06/08/12 Receipt and review of Court Order Reopening
The Representative Harless Deposition at
Kennie Intervenors’ request. .10 $375.00 $ 37.50
06/08/12 Incorporate edits to the Buck Wood Expert
Report and finalize same. 2.70 $375.00 $1,012.50
Case 1:12-cv-00128-RMC-DST-RLW Document 383-6 Filed 09/10/13 Page 31 of 41
Voter ID Statement Date: 09/09/2013
Page No. 32
06/08/12 Conference call with The Department of
Justice’s office concerning the cancellation
Of the Montez and Pope deposition in light
Of the fact The State of Texas never issued
A deposition notice. .20 $375.00 $ 75.00
06/08/12 Receipt and review of numerous deposition
Transcripts and review a few to determine
Case issues. .70 $375.00 $ 262.50
06/08/12 Exchange correspondence with The State of
Texas concerning the deposition of Ms.
Burns and other discovery issues. .20 $375.00 $ 75.00
06/08/12 Conference call with Gerry Hebert concerning
Response to The State of Texas’ complaints
About discovery and Ms. Burns deposition
And document production. .40 $375.00 No Charge
06/08/12 Receipt and review of expert report of Dr.
Engstrom and Dr. Florez. .20 $375.00 $ 75.00
06/09/12 Receipt and review of Deposition Notice
For the Reconvening of Senator Fraser’s
Deposition. .10 $375.00 $ 37.50
06/11/12 Conference call with co-counsel concerning
Preparation of deposition summaries. .10 $375.00 $ 37.50
06/11/12 Receipt and review of multiple deposition
Notices for various parties and witnesses. .20 $375.00 $ 75.00
06/11/12 Receipt and review of letter from The State
Of Texas to The Department of Justice
Concerning the Rule 30(b)(6) deposition
Notice of Texas issued. .20 $375.00 $ 75.00
06/12/12 Receipt and review of multiple deposition
Notices. .10 $375.00 $ 37.50
06/12/12 Receipt and review of letter from Dan Freeman
To The State of Texas concerning discovery
Document production issues. .10 $375.00 $ 37.50
06/13/12 Travel to and from Austin, Texas for Senator
Fraser’s second deposition. 4.50 $375.00 No Charge
Case 1:12-cv-00128-RMC-DST-RLW Document 383-6 Filed 09/10/13 Page 32 of 41
Voter ID Statement Date: 09/09/2013
Page No. 33
06/13/12 Prepare for and attend second volume of
Senator Fraser’s deposition. 3.5 $375.00 $1,312.50
06/13/12 Attend the second volume of Patricia
Harless’ deposition. 2.50 $375.00 $ 937.50
06/13/12 Exchange multiple e-mails with all counsel
Regarding the scheduling of the Representative
Harless Deposition. .20 $375.00 $ 75.00
06/13/12 Receipt and review of Court Docket Entry
Adjusting Pre-trial Deadlines. .10 $375.00 $ 37.50
06/13/12 Conference call with Ezra Rosenberg concerning
The additional time given on pre-trial deadlines. .10 $375.00 No Charge
06/14/12 Conference call with Gerry Hebert regarding
His work with Dr. Lichtman to prepare a
Report. 1.0 $375.00 No Charge
06/14/12 Conference call with The State of Texas
And Gerry Hebert regarding the scheduling
Of Dr. Lichtman’s deposition. .20 $375.00 $ 75.00
06/14/12 Receipt and review of The State of Texas’
Rule 30(b)(6) Deposition Notice. .10 $375.00 $ 37.50
06/15/12 Receipt and review of multiple deposition
Notices for experts and calendar same. .20 $375.00 $ 75.00
06/18/12 Participate in conference call with Intervenors’
Counsel to divide up trial witnesses and trial
Duties. 2.1 $375.00 $ 787.50
06/18/12 Conference regarding updating of deposition
Summaries for Senator Fraser and Representative
Harless. .10 $375.00 $ 37.50
06/18/12 Conference call with The State of Texas and
The Department of Justice regarding Secretary
Of State’s Rule 30(b)(6) deposition. .20 $375.00 $ 75.00
06/19/12 [Scott Brazil] Prepare deposition questions and
Thoughts on Sager’s Report and strategy for
Handling his deposition and forward same
To Ezra Rosenberg to cover deposition. 1.50 $375.00 $ 562.50
06/19/12 Receipt and review of Court Order Modifying
Case 1:12-cv-00128-RMC-DST-RLW Document 383-6 Filed 09/10/13 Page 33 of 41
Voter ID Statement Date: 09/09/2013
Page No. 34
Deadline for The State of Texas to Produce
A Rule 30(b)(6) witness. .10 $375.00 $ 37.50
06/19/12 Conference call with The State of Texas and
Other counsel regarding setting up deposition
June 29 for Buck Wood. .40 $375.00 $ 150.00
06/20/12 Receipt and review of Motion For Extension
Of Time to File Findings of Facts and
Conclusions of Law by The State of Texas. .10 $375.00 $ 37.50
06/20/12 Receipt and review of multiple Motions in
Limine to Preclude Expert Testimony Including
Testimony offered by Experts presented by
Kennie Intervenors. .70 $375.00 $ 262.50
06/20/12 Receipt and review of The State of Texas’
Live Witness List. .40 $375.00 $ 150.00
06/20/12 Receipt and review of proposed findings of
Fact by The State of Texas with multiple
Attachments; review and preparation for
Trial. 4.50 $375.00 $1,687.50
06/20/12 Receipt and review of The State of Texas’
Deposition designations and review for
Witnesses I am assigned. .70 $375.00 $ 262.50
06/21/22 Receipt and review of deposition notice for
Buck Wood; forward same for his office and
Coordinate deposition. .30 $375.00 $ 112.50
06/21/12 Conference call with Gerry Hebert regarding
Logistics for upcoming trial and travel
Arrangements. .50 $375.00 No Charge
06/21/12 Conference call with The Department of
Justice regarding upcoming Senator Ellis
Deposition and arrange for The Department
Of Justice participation by telephone. .20 $375.00 $ 75.00
06/22/12 Prepare for Senator Ellis for his deposition. 1.50 $375.00 $ 562.50
06/22/12 Present Senator Ellis for first installment of
His deposition. 3.50 $375.00 $1,312.50
06/22/12 Work on deposition designations for witnesses
I am assigned to provide to the Intervenors’
Case 1:12-cv-00128-RMC-DST-RLW Document 383-6 Filed 09/10/13 Page 34 of 41
Voter ID Statement Date: 09/09/2013
Page No. 35
Counsel Group. 2.20 $375.00 $ 825.00
06/23/12 Receipt and review of deposition transcript
For Senator Ellis; review same for errors and
Forward same to Senator’s office for his
Review; also forward to other Intervenors’
Counsel. 1.20 $375.00 $
06/23/12 Present Senator Ellis for second installment
Of his deposition. 3.30 $375.00 $1,237.50
06/24/12 Conference call with Intervenors’ counsel
Regarding Opposition to Motions in Limine
Of Experts. .30 $375.00 $ 112.50
06/24/12 Receipt and review of draft by Gerry Hebert
On the Motion To Exclude Dr. Lichtman;
Provide edits to same and return. .40 $375.00 $ 150.00
06/25/12 Review proposed findings of facts and
Conclusions of law by Intervenors; offer
Additions. 1.20 $375.00 $ 450.00
06/25/12 Collect deposition of Major Mitchell and
Other documents to provide Buck Wood in
Advance of his upcoming deposition. 1.20 $375.00 $ 450.00
06/25/12 Exchange e-mails with the Court Clerk
Concerning delays and designating certain
Depositions since transcripts are not yet
Available. .10 $375.00 $ 37.50
06/25/12 Provide Ezra Rosenberg additional deposition
Designations to include in findings of fact and
Conclusions of law. 1.50 $375.00 $ 562.50
06/25/12 Receipt and review of multiple Briefs filed
With the Court regarding efforts to exclude
Various expert witnesses. .40 $375.00 $ 150.00
06/25/12 Receipt and review of deposition designations
By The Department of Justice and review to
Consider adding additional designations on
Witnesses I am assigned. 1.50 $375.00 $ 562.50
06/26/12 Make additional edits to draft Findings of Fact
And conclusions of law to be filed by
Intervenors. 1.10 $375.00 $ 412.50
Case 1:12-cv-00128-RMC-DST-RLW Document 383-6 Filed 09/10/13 Page 35 of 41
Voter ID Statement Date: 09/09/2013
Page No. 36
06/27/12 Draft and prepare several witness declarations;
Coordinate with the witnesses; obtain signatures;
Produce for use in the Photo ID trial. 3.50 $375.00 $1,312.50
06/27/12 Make changes to provide Findings of Fact and
Conclusions of law regarding standing of Kennie
Intervenors as proven up by declarations
Prepared this day. 1.20 $375.00 $ 450.00
06/28/12 Continue obtaining declarations concerning
Standing of various Kennie Intervenors. .80 $375.00 $ 300.00
06/28/12 Arrange for delivery of disks received from The
Department of Justice to The U.S. Attorney’s
Office in Houston due to Inadvertent Production
Of sensitive information. .50 $375.00 $ 187.50
06/28/12 Conference call with Senator Ellis regarding
The trial schedule and the expected day he
Would take the stand. .50 $375.00 $ 187.50
06/29/12 Receipt and review of Stipulation concerning
Excluding certain expert testimony by The
United States. .20 $375.00 $ 75.00
06/29/12 Conference with Kennie Intervenor, expert
Buck Wood to prepare for depositions. 1.50 $375.00 $ 562.50
06/29/12 Travel to and from Austin, Texas to attend
Depositions. 4.50 $375.00 No Charge
06/29/12 Present Expert Buck Wood for depositions
Taken by The State of Texas. 4.50 $375.00
06/29/12 Receipt and review of Counter Designations
Of witnesses by The State of Texas. .10 $375.00 $ 37.50
06/30/12 Receipt and review of Exhibits filed by The
United States for Trial. 7.50 $375.00 $2,812.50
07/01/12 Conference call with Intervenors’ counsel
To prepare for trial and divide up witnesses. 3.50 $375.00 $1,312.50
07/01/12 Receipt and review of The State of Texas’
Response to Findings of Fact and Conclusions
Of Law. .20 $375.00 $ 75.00
Case 1:12-cv-00128-RMC-DST-RLW Document 383-6 Filed 09/10/13 Page 36 of 41
Voter ID Statement Date: 09/09/2013
Page No. 37
07/01/12 Coordinate with Intervenors’ counsel for
Offering additional Trial Exhibits. .40 $375.00 $ 150.00
07/02/12 Receipt and review of The State of Texas’
Exhibit List. 2.50 $375.00 $ 937.50
07/02/12 Receipt and review of The State of Texas’
Entry of Stipulation. .10 $375.00 $ 37.50
07/02/12 Receipt and review of Final Exhibit List by
All parties. 1.20 $375.00 $ 450.00
07/03/12 Receipt and review of multiple Court Minute
Orders regarding various Trial and Evidence
Issues. 1.20 $375.00 $ 450.00
07/03/12 Receipt and review of Court’s Order refusing
To Exclude Dr. Lichtman; conference call
With Gerry Hebert concerning same. .50 $375.00 No Charge
07/03/12 Review additional deposition designations
Filed by The State of Texas. .20 $375.00 $ 75.00
07/03/12 Receipt and review of The Department of
Justice’s Motion to Take Judicial Notice of
Senate Rules. .10 $375.00 $ 37.50
07/05/12 Receipt and review of Court Order Scheduling
Telephone Hearing for July 6th
. .10 $375.00 $ 37.50
07/05/12 Provide edits to Plaintiffs’ counter designations
And forward to Ezra Rosenberg for filing with
The Court. .20 $375.00 $ 75.00
07/06/12 Conference call with Gerry Hebert concerning
Outcome of Court Telephone Hearing. .50 $375.00 No Charge
07/06/12 Prepare examination outline for Senator Ellis
For trial testimony. 3.30 $375.00 $1,237.50
07/08/12 Receipt and review of Court Docket Entry
Regarding the handling of witnesses with
Deposition designations. .10 $375.00 $ 37.50
07/08/12 Meeting with Intervenors’ trial counsel to
Discuss strategy for first day of trial, divide
Up witnesses and prepare for trial. 2.20 $375.00 $ 825.00
Case 1:12-cv-00128-RMC-DST-RLW Document 383-6 Filed 09/10/13 Page 37 of 41
Voter ID Statement Date: 09/09/2013
Page No. 38
07/07/12 Review past depositions of Keith Ingram to
Prepare for cross-examination for him at
Trial; review previous testimony in this
Case of Keith Ingram; begin preparing
Outline for cross-examination. 2.20 $375.00 $ 825.00
07/07/12 Prepare examination outline for Buck Wood. 2.20 $375.00 $ 825.00
07/08/12 Continue preparing cross-examination of
Keith Ingram and prepare outline for same;
Review testimony of Keith Ingram in recent
Texas election cases. 4.50 $375.00 $1,687.50
07/08/12 Conference call with Gerry Hebert regarding
Trial preparations. 1.20 $375.00 No Charge
07/09/12 Attend trial, perform cross-examinations of
Keith Ingram on behalf of Intervenors. 8.2 $375.00 $3,075.00
07/09/12 Meet with co-Intervenor counsel to prepare
Attorneys handling witness examinations for
The next day. 1.20 $375.00 $ 450.00
07/10/12 Attend trial on second day. 8.50 $375.00 $3,187.50
07/10/12 Confer with Buck Wood regarding his
Testimony before the Court the following
Day. 1.20 $375.00 $ 450.00
07/10/12 Confer with Senator Ellis regarding his
Testimony on the following day. .50 $375.00 $ 187.50
07/10/12 Prepare examination outline for Senator Wendy
Davis. 2.10 $375.00 $ 787.50
07/11/12 Attend trial on third day; examine expert
Witness Buck Wood and examine Senator
Ellis. 8.40 $375.00 $3,150.00
07/11/12 Meet with Senator Davis to prepare for her
Trial testimony the following day; finalize
Examination outline with Senator Davis. 3.10 $375.00 $1,162.50
07/11/12 Conference call with Dr. Lichtman and
Gerry Hebert to assist in preparing Dr.
Lichtman for his examination by Mr.
Hebert at trial. .70 $375.00 No Charge
Case 1:12-cv-00128-RMC-DST-RLW Document 383-6 Filed 09/10/13 Page 38 of 41
Voter ID Statement Date: 09/09/2013
Page No. 39
07/12/12 Attend trial on fourth day; examine
Senator Wendy Davis. 8.50 $375.00 $3,187.50
07/12/12 Conference call with Gerry Hebert to
Prepare him for his portion of the closing
Argument. .50 $375.00 $ 187.50
07/13/12 Attend final day of trial and closing
Arguments. 4.50 $375.00 $1,687.50
07/17/12 Receipt and review of multiple filings
Concerning withdrawn and additional
Trial exhibits. 1.0 $375.00 $ 375.00
07/18/12 Receipt of multiple filings regarding Amended
Exhibit List. .40 $375.00 $ 150.00
08/12/12 Receipt and review of multiple Docket Entries
Regarding preparation of transcript of the
Trial proceedings. .10 $375.00 $ 37.50
08/30/12 Receipt and review of Court Opinion (2.0);
Conference with clients concerning same. 3.50 $375.00 $1,312.50
08/30/12 Conference call with Gerry Hebert concerning
Three Judge Court Opinion. .50 $375.00 No Charge
12/17/12 Receipt and review of Court Final Judgment
Granting injunction against SB14 and staying
Case pending ruling by The Supreme Court
In Shelby County v. Holder. .20 $375.00 $ 75.00
12/19/12 Receipt and review of The State of Texas’
Notice of Appeal to The Supreme Court. .10 $375.00 $ 37.50
08/29/13 Begin editing of billing records for filing
With the Court for Fee Motion. 1.20 $375.00 $ 450.00
09/04/13 Continue working on billing records to file
With Fee Application. 1.40 $375.00 $ 525.00
09/05/13 Continue working on billing records to file
With Fee Application. 4.40 $375.00 $1,650.00
09/05/13 Conference call with Gerry Hebert regarding
Attorney fee motion. 1.0 $375.00 No Charge
09/06/13 Draft Affidavit to Support billing time for
Case 1:12-cv-00128-RMC-DST-RLW Document 383-6 Filed 09/10/13 Page 39 of 41
Voter ID Statement Date: 09/09/2013
Page No. 40
Attorneys’ fees request. 2.10 $375.00 $ 787.50
09/09/13 Review and edit Motion For Attorneys Fees
Prepared by Gerry Hebert and return same. .50 $375.00 $ 187.50
09/09/13 Conference call with Gerry Hebert regarding
Fee motion. .50 $375.00 No Charge
09/10/13 Finalize billing affidavits and billing records
And provide same to Gerry Hebert for
Filing with the Court. 2.10 $375.00 $ 787.50
Recapitulation
Timekeeper Hours Rate Total
K. Scott Brazil 47.2 $375.00 $17,700.00
Chad W. Dunn 436.9 $375.00 $163,837.50
Total Fees for Brazil & Dunn: $181,537.50
EXPENSES
Date Description Amount
05/08/12 Long distance telephone charges: Conference Call $ 117.71
05/12/12 Travel expense: Airfare $ 519.10
05/17/12 Travel expense: Hotel $ 391.70
05/17/12 Travel expense: Gas $ 51.39
05/18/12 Travel expense: Hotel $ 194.35
05/20/12 Travel expense: Parking $ 18.00
05/21/12 Travel expense: Gas $ 44.76
05/28/12 Travel expense: Gas $ 46.71
06/01/12 Travel expense: Gas $ 44.40
06/02/12 Travel expense: Hotel $ 365.70
06/02/12 Travel expense: Hotel $ 548.55
06/04/12 [KSB] Travel expense: Gas $ 71.16
06/07/12 Travel expense Gas $ 36.41
06/08/12 Travel expense: Hotel $ 333.34
06/14/12 [KSB] Travel expense: Parking $ 25.00
06/14/12 [CWD] Travel expense: Parking $ 25.00
06/19/12 Travel expense: Gas $ 49.80
06/30/12 Travel expense: Hotel $ 182.85
06/30/1 Travel expense: Gas $ 37.19
07/02/12 Travel expense: Gas $ 38.74
07/03/12 Deposition Fee: Esquire Deposition Solutions
Fee for Depositions of Larry Gonzales, Robert
Duncan and Michael Schofield $2,861.64
07/06/12 Travel expense: Hotel $ 453.19
07/08/12 Travel expense: Airfare $ 60.00
Case 1:12-cv-00128-RMC-DST-RLW Document 383-6 Filed 09/10/13 Page 40 of 41
Voter ID Statement Date: 09/09/2013
Page No. 41
07/12/12 Travel expense: Hotel $2,529.68
07/13/12 Travel expense: Airfare $ 529.00
07/14/12 Travel expense: Hotel $ 587.32
07/17/12 Delivery Fee: Hour Messenger $ 63.17
07/17/12 Deposition Fee: Depositions of Wendy Davis
And Rodney Ellis $ 850.11
07/31/12 Deposition Fee: Esquire Deposition Solutions
Fee for Randall Wood $ 343.65
11/2/12 Deposition Fee: Esquire Deposition Solutions
Fee for Dr. Allan Lichtman $618.85
Subtotal expenses: $12,038.47
EXPERT WITNESS FEES:
9/9/13 Invoice of Ray and Wood (Buck Wood) $13,815.00
8/2/12 Invoice of Dr. Allan J. Lichtman $27,200.00
Subtotal expert fees: $41,015.00
TOTAL EXPENSES: $53,053.47
TOTAL ATTORNEYS’ FEES AND EXPENSES FOR BRAZIL AND DUNN $234,590.97
Case 1:12-cv-00128-RMC-DST-RLW Document 383-6 Filed 09/10/13 Page 41 of 41
Allan J. Lichtman (060-38-1842) 9219 Villa Drive, Bethesda, MD 20817 (301) 530-8262
Invoice # 08/02/2012 August 2, 2012
TO: J. Gerald Hebert
RE: Texas Voter ID Litigation, TX v. Holder DC court
1. Study of expert reports: 7.5 hours
2. Study of expert depositions: 3.5 hours
3. Documentary research: 14.5 hours
4. Preparation of written report: 8.5 hours
5. Preparation for deposition: 5.0 hours.
6. Deposition: 7.0 hours
7. Attendance at trial: 15 hours
8. Study of trial transcripts: 2.0 hours
9. Preparation for trial testimony: 4.0 hours
10. Trial testimony. 1.0 hours
68 hours at $400 per hour.
Total Bill: $27,200
Case 1:12-cv-00128-RMC-DST-RLW Document 383-7 Filed 09/10/13 Page 1 of 1
Ray & Wood 2700 BEE CAVES ROAD P.O. BOX 165001 AUSTIN, TEXAS 78716-5001 (512) 328-8877
September 9, 2013
Invoice# 19185 RBW Kennie Intervenors Our file# 05550 00000 c/o Brazil & Dunn LLP Billing through 09/30/2013 4201 Cypress Creek Parkway #530 Attn: Chad Dunn Houston, TX 77068
=============== Kennie Intervenors ===============
Accounts receivable balance carried forward $0.00
PROFESSIONAL SERVICES
06/06/2012 RBW Conference wtih Chad Dunn regarding photo 0.50 hrs. 225.00 ID case expert testimony. 06/06/2012 RBW Finalize and edit final expert report. 1.80 hrs. 810.00 06/07/2012 RBW Several conference calls with Dunn regarding 2.50 hrs. 1,125.00 opinions, analysis and report; begin draft of expert report. 06/08/2012 RBW Continue work on expert report. Calls with 3.20 hrs. 1,440.00 dunn 06/25/2012 RBW Receive and review documents from Dunn in 2.50 hrs. 1,125.00 preparation for deposition; review deposition of Lt. Mitchell 06/29/2012 RBW Conference with Dunn to prepare for 1.50 hrs. 675.00 deposition 06/29/2012 RBW Attend my deposition 4.40 hrs. 1,980.00 07/10/2012 RBW Conference with Dunn and Hebert to prepare 1.20 hrs. 540.00 for trial testimony. 07/10/2012 RBW Travel to DC. 4.50 hrs. 2,025.00 07/11/2012 RBW Wait at courthouse for testimony, testify 8.60 hrs. 3,870.00 before court, travel home
$13,815.00
Case 1:12-cv-00128-RMC-DST-RLW Document 383-8 Filed 09/10/13 Page 1 of 2
05550 Kennie Intervenors Invoice# 19185 Page 2 Billing Summary
Total professional services $13,815.00 Total of new charges for this invoice $13,815.00
Total balance now due $13,815.00
Case 1:12-cv-00128-RMC-DST-RLW Document 383-8 Filed 09/10/13 Page 2 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
STATE OF TEXAS,
Plaintiff,
v.
ERIC H. HOLDER, JR. in his
Official capacity as Attorney General
Of the United States,
Defendant,
AND
ERIC KENNIE, et al.,
Defendant-Intervenors
§
§
§
§
§
§
§
§
§
§
§
§
§
§
§
§
§
§
§
§
§
Case No. 1:12-cv-00128
RMC-DST-RLW
DECLARATION OF SCOTT BRAZIL IN
SUPPORT OF REQUEST FOR ATTORNEY’S FEES and COSTS
Background and Prevailing Party
1. I am co-counsel for the Kennie Intervenors in the above-styled matter. I am
presenting this declaration in support of the Kennie Intervenors’ Motion for Attorney’s
Fees and Costs. The Kennie Intervenors are the prevailing parties in this action and are
entitled to attorneys’ fees and costs.
Experience and Qualifications
2. I am Board Certified in Civil Trial Law and Personal Injury Trial Law and
have been since 1989. I graduated from South Texas College of Law in 1984 and served
Case 1:12-cv-00128-RMC-DST-RLW Document 383-9 Filed 09/10/13 Page 1 of 5
a one-year period as briefing attorney for Justice Bill Cannon on the 14th
Court of
Appeals in Houston. I am admitted to practice before all federal district courts in Texas,
the United States Fifth Circuit Court of Appeals, and the United States Supreme Court. I
have filed briefs in the state appellate and Texas Supreme Court, Fifth Circuit Court of
Appeals, and the United States Supreme Court. I have tried a wide variety of cases,
including automobile, trucking, products liability, medical malpractice, premise,
commercial, contract, probate, bad faith insurance, election law and federal white collar
crime. I have taken over 1,000 depositions in cases ranging in trucking and automobile
litigation, probate, copyright infringement, bankruptcy, oil and gas, voting rights, divorce
and others. I have lectured on topics before various bar associations, including such
topics as trial in federal court and taking depositions. I have handled numerous litigation
matters under federal and state law. I have represented Plaintiffs and private parties in
federal voting rights litigation in Texas, both federal and state. I have handled or am
currently handling redistricting cases throughout the state relative to commissioner’s
court, school boards, justices of the peace and constables. I have handled federal cases
relative to candidate qualifications.
3. As a result of the foregoing and much more experience than can be listed
here, I have extensive training, education and experience handling federal cases and, in
particular, those pertaining to civil and voting rights.
Time
4. My time in this case is kept contemporaneously with the work performed. I
devoted a total of approximately 47.20 hours representing the Kennie Intervenors in this
Case 1:12-cv-00128-RMC-DST-RLW Document 383-9 Filed 09/10/13 Page 2 of 5
case for which I have chosen to bill. I have attached the time records (Exhibit F) that I
maintained in this action but I eliminated the many hours for which I am not seeking a
court award. I eliminated even some of the time that was billed since it was duplicative
of Mr. Dunn or Mr. Hebert's work. I primarily participated in covering, for all the
intervenor groups, some of the many depositions taken in Texas in this case. At all
except the most critical depositions, the Kennie Intervenors would coordinate with all the
other intervenors to select one person to attend depositions. The vast majority of the time
I have billed was for covering depositions that I attended on behalf of all intervenors.
Market Rate
5. I have extensive experience handling civil and some criminal matters in
federal court. I have extensive experience with civil and voting rights cases. I believe,
based upon the complicated issues and the time involved and the various factors
described herein, that a reasonable hourly rate for such services in this locale is at least
$375 per hour. I have been retained this year by Beaumont Independent School District
at the rate of $375 per hour to represent the school district in multiple federal and state
voting and redistricting cases. $375 per hour is well within the reasonable market rate
charged for similar services in similar cases.
Lodestar
6. In determining the Lodestar a court should usually consider the actual hours
devoted to the case and the market hourly rate for the lawyer in question. It is my
opinion the fees and expenses claimed in the provided statement are reasonable and
necessary.
Case 1:12-cv-00128-RMC-DST-RLW Document 383-9 Filed 09/10/13 Page 3 of 5
Johnson Factors
7. Preclusion of Other Employment. My work in this litigation restricted the
time available for pursuit of other litigation during the period of activity in this case.
Because of the extensive work required in a time-compressed period of time, I was
unable to accept and work on other cases. This case included several trials and numerous
hearings and status conferences that often, due to the nature of the dispute, came with
little notice. Scores of deadlines were required to be met in much shorter deadlines than
required under normal federal court procedure. In particular, the Court would often
require me to draft orders concerning election deadlines with only days or hours to
complete the task. I also was required to consult numerous attorneys, parties and
agencies to discern the proper and workable election schedules that could be imposed.
8. Time Limitation Imposed by Circumstances. The time limitations in this
case were imposed by pending election schedules and the urgency of these types of
disputes.
9. Undesirability of the Case. This case is desirable from a political
perspective. However, the case is very undesirable from an economic perspective
because the expedited trial schedule and multiple forums placed unusual time constraints
on the development and preparation of the case and because of the specialized nature of
the actions. Moreover, the short deadlines, time commitment and complicated nature of
the claims make other work easier and, often, more financially rewarding.
10. Experience and Expertise. My experience has included participation in
federal litigation, extensive advocacy in state and federal cases, and preparation of
Case 1:12-cv-00128-RMC-DST-RLW Document 383-9 Filed 09/10/13 Page 4 of 5
pleadings, briefs and evidence for cases in both state and federal courts. I am and have
been counsel in numerous voting rights cases. I have tried dozens of jury trials as first
chair. My trial experience includes federal and state civil matters and federal criminal
matters. It is my opinion, based on my experience and upon inquiring of other lawyers,
that the prevailing market rate for an attorney with my experience, in a difficult and
complicated civil and voting rights case is at least $375 per hour.
Costs
11. The expenses claimed in the Kennie Intervenors’ motion (and documented
in Exhibit F) are actual expenses that were necessary to properly and successfully
represent the Kennie Intervenors in this case. They include expenses for necessary travel
and necessary expert fees. Each of these charges is reasonable. These expenses are
described in more detail in the attached billing statement (Exhibit F).
In closing, it is my opinion that the fees and expenses I have claimed in this case
are both reasonable and necessary and that, given the more than adequate reductions I
have made, should be reimbursed by the State of Texas in light of the prevailing claims
and orders in the case.
I declare under penalty of perjury that the foregoing is true and correct to the best
of my knowledge.
Dated: September 9, 2013
/s/ K. Scott Brazil
K. Scott Brazil
Case 1:12-cv-00128-RMC-DST-RLW Document 383-9 Filed 09/10/13 Page 5 of 5
Case 1:12-cv-00128-RMC-DST-RLW Document 383-10 Filed 09/10/13 Page 1 of 3
Case 1:12-cv-00128-RMC-DST-RLW Document 383-10 Filed 09/10/13 Page 2 of 3
Case 1:12-cv-00128-RMC-DST-RLW Document 383-10 Filed 09/10/13 Page 3 of 3
Case 1:12-cv-00128-RMC-DST-RLW Document 383-11 Filed 09/10/13 Page 1 of 3
Case 1:12-cv-00128-RMC-DST-RLW Document 383-11 Filed 09/10/13 Page 2 of 3
Case 1:12-cv-00128-RMC-DST-RLW Document 383-11 Filed 09/10/13 Page 3 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
STATE OF TEXAS,
Plaintiff,
v.
ERIC H. HOLDER, JR., in his
official capacity as Attorney General
of the United States,
Defendants.
§
§
§
§
§
§
§
No. 1:12-cv-00128
RMC-DST-RLW
DECLARATION OF STEPHEN B. PERSHING, ESQ.,
UNDER 28 U.S.C. § 1746
Under penalty of perjury pursuant to 28 U.S.C. §1746, Stephen B. Pershing, Esq., makes
the following declaration:
1. My name is Stephen B. Pershing. I am over 18 years of age, of sound mind, and
capable of making this declaration.
2. I obtained a J.D. in 1987 from the University of Virginia Law School, and an A.B.
degree in 1979 from Harvard College.
3. From 1989 to 1996, I served as legal director of the American Civil Liberties
Union of Virginia in Richmond, Virginia. In that capacity, I developed and litigated a wide
variety of federal civil rights and civil liberties cases, including a number of racial vote
dilution actions under Section 2 of the Voting Rights Act of 1965. At the Virginia ACLU I
also submitted and litigated numerous petitions for attorney fees under federal civil rights fee-
shifting provisions, including that of the Voting Rights Act, 42 U.S.C. § 1973l(e).
Case 1:12-cv-00128-RMC-DST-RLW Document 383-12 Filed 09/10/13 Page 1 of 8
4. From 1996 to 2005, I served as a trial attorney in the Voting Section, Civil Rights
Division, United States Department of Justice, where I handled cases under Sections 2 and 5 of
the Voting Rights Act and other federal laws protecting the right to vote.
5. From 2005 to 2009, I was senior litigation counsel at the Center for Constitutional
Litigation, P.C., in Washington, D.C. Founded in 2001, CCL has represented parties in numerous
high-profile constitutional rights and access to justice cases in the U.S. Supreme Court and
federal and state appellate courts. At CCL I was involved in at least one federal voting rights
case.
6. I am a member of the adjunct faculty at George Washington University Law School
in Washington, D.C. There I teach a course on voting rights law, and have done so since 1999.
7. I currently serve as managing lawyer with The Chavers Firm, LLC, of Washington,
D.C., where I primarily represent plaintiffs in federal civil rights cases and other civil matters.
Also, since 2009 I have directed and taught in Washington semester externship programs for law
students, first for the University of California and then at the Washington Consortium for Law
Externships and Exchange, which I founded in 2011.
8. I am an active member in good standing of the bars of the Commonwealth of
Virginia (admitted 1990) and the District of Columbia (admitted 2006). I am a member of the
U.S. Supreme Court bar (admitted 1994) and the bars of a number of federal trial and appellate
courts.
9. I am qualified by my experience, education, knowledge, skill and training to make
the statements in this Declaration.
Case 1:12-cv-00128-RMC-DST-RLW Document 383-12 Filed 09/10/13 Page 2 of 8
10. I have been asked to review the request for attorneys’ fees submitted to this Court by
J. Gerald Hebert, Esq., counsel for the Kennie Intervenors, and to provide my views on the
reasonableness of the requested fee award.
11. I am very familiar with Mr. Hebert’s work. I first met Mr. Hebert in or about 1994,
when I was working for the Virginia ACLU. At that time he had just left the U.S. Justice
Department after many years of distinguished service. I was privileged to move his admission
into the Virginia bar. He and I have worked closely together on a number of voting rights cases,
and served as co-counsel in several of them. While at the Justice Department I reviewed Section
5 preclearance submissions and Section 3 “bailout” requests from jurisdictions Mr. Hebert
represented.
12. Voting rights and redistricting cases are among the most difficult to litigate of all
federal civil actions. The issues are often complex, the proofs highly technical, and the relevant
legal standards difficult to discern and apply. These cases require attorneys with great skill and
experience in this very specialized, exceptionally challenging area of the law. Texas voting rights
cases in particular have historically been some of the most complex and difficult of all such
cases, and the litigation now before this Court has been among the more difficult and intricate of
those, both procedurally and substantively.
13. In my opinion, Mr. Hebert is one of the finest, most skilled and expert voting rights
and redistricting litigators in the United States. His skill, talent and effectiveness as an advocate
are legendary in our field, but I can attest to them from close and sustained personal knowledge.
Over a period of four decades he has been involved in many of the nation’s most important
Voting Rights Act and redistricting cases, and voting rights lawyers looking for light on their
own work often seek the benefit of his vast knowledge of the subject.
Case 1:12-cv-00128-RMC-DST-RLW Document 383-12 Filed 09/10/13 Page 3 of 8
14. I am familiar with the fees charged by attorneys in the Washington, D.C., area,
having spent over 20 years practicing law in and around the nation’s capital. In particular, I am
familiar with the so-called Laffey matrix in both its versions, the one put forward by the U.S.
Attorney’s office and the one known as the “adjusted Laffey matrix,” adopted by many courts,
which tends to reflect market rates for D.C.-area professional legal services more accurately
although in my experience it still understates those rates as they exist.
15. According to the adjusted Laffey matrix for the current year, a copy of which is
attached to the Kennie Intervenors’ motion for an award of attorneys’ fees in this case, the
appropriate hourly rate for an attorney in the D.C. area with twenty or more years out of law
school—the highest rate in the matrix—is $771. That estimate is low: Washington lawyers with
lengthy, high-level federal litigation experience now charge significantly more, and some bill up
to and in excess of $1,000 an hour.
16. Mr. Hebert’s hourly rate set forth in his fee application in this case, $650, is quite
reasonable, especially in light of his exceptional experience and expertise. Mr. Hebert’s skill and
ability in voting rights law are as great if not greater than those of other lawyers, less luminous
and accomplished in their fields than he, who charge far more.
17. I have reviewed Mr. Hebert’s timesheets in light of my own experience litigating
voting rights cases and submitting attorney fee applications. The number of hours set forth in Mr.
Hebert’s Declaration is reasonable and displays sound billing judgment, indeed significantly
understates the number of hours his fee petition could properly claim.
18. As I understand it, Mr. Hebert served as co-administrative counsel for the groups of
defendant-intervenors. This was an important role, and Mr. Hebert’s willingness to take it on is
consistent with the leadership I have seen him display in case after case. It also explains his
Case 1:12-cv-00128-RMC-DST-RLW Document 383-12 Filed 09/10/13 Page 4 of 8
extensive involvement in all aspects of the case, and would justify compensation for a
substantially greater number of hours than Mr. Hebert requests.
19. After reviewing Mr. Hebert’s fee petition and schedule of hours in detail, I
emphatically concur with his representation that he staffed this case “leanly” and successfully
avoided duplication of effort with and among co-counsel. In fact, it is apparent to me that Mr.
Hebert has done an admirable job of stripping down the cost of his representation, and that of his
co-counsel, to the bare essentials.
20. Mr. Hebert’s time expended on this case exceeds 270 hours, but he has written off
fully a third of that time. His timesheets record “no charge” for almost all the studying he has
done of other parties’ pleadings, even their most substantive and lengthy legal memoranda. Mr.
Hebert has charged just above three hours for the drafting, editing and finalizing of his clients’
motion to intervene, with supporting points and authorities, and their proposed answer in
intervention. I personally have found that drafting such pleadings can take three to five times that
long. The largest of Mr. Hebert’s time entries—and there are very few above four hours—are for
tasks I personally know to be enormously time-consuming, for which there are no short cuts.
21. Mr. Hebert uses his time efficiently, indeed is one of the most productive litigators I
know, so the self-imposed fee reductions described above, for work undeniably essential to his
clients’ case, is all the more striking.
22. In essence Mr. Hebert asks for only a fraction of the compensation he has earned,
and effectively donates the rest. In my opinion the Court should consider awarding fees above
Mr. Hebert’s request, in order to restore to him compensation for some of that donated time, and
certainly should not punish the charity of his billing by docking him more severely than he has
himself.
Case 1:12-cv-00128-RMC-DST-RLW Document 383-12 Filed 09/10/13 Page 5 of 8
23. In short, I believe the number of hours and the hourly rate set forth in the Kennie
Intervenors’ fee motion are reasonable, indeed modest, given Mr. Hebert’s extensive
involvement in this case, his superior skills, expertise and experience, and his accomplishments
for his clients in this complex and difficult case.
I declare under penalty of perjury that the foregoing is true and correct to the best of my
knowledge, information and belief.
Dated: September 10, 2013 /s/ Stephen B. Pershing
Stephen B. Pershing
Case 1:12-cv-00128-RMC-DST-RLW Document 383-12 Filed 09/10/13 Page 6 of 8
Case 1:12-cv-00128-RMC-DST-RLW Document 383-12 Filed 09/10/13 Page 7 of 8
Case 1:12-cv-00128-RMC-DST-RLW Document 383-12 Filed 09/10/13 Page 8 of 8
Exhibit K to Kennie Intervenors’ Motion for an Award of Attorneys’ Fees
Years Out of Law School *
Year Adjustmt Factor**
Paralegal/ Law Clerk 1-3 4-7 8-10 11-19 20 +
6/01/13- 5/31/14 1.0244 $175 $320 $393 $567 $640 $771
6/01/12- 5/31/13 1.0258 $170 $312 $383 $554 $625 $753
6/01/11- 5/31/12 1.0352 $166 $305 $374 $540 $609 $734
6/01/10- 5/31/11 1.0337 $161 $294 $361 $522 $589 $709
6/01/09- 5/31/10 1.0220 $155 $285 $349 $505 $569 $686
6/01/08- 5/31/09 1.0399 $152 $279 $342 $494 $557 $671
6/01/07-5/31/08 1.0516 $146 $268 $329 $475 $536 $645
6/01/06-5/31/07 1.0256 $139 $255 $313 $452 $509 $614
6/1/05-5/31/06 1.0427 $136 $249 $305 $441 $497 $598
6/1/04-5/31/05 1.0455 $130 $239 $293 $423 $476 $574
6/1/03-6/1/04 1.0507 $124 $228 $280 $405 $456 $549
6/1/02-5/31/03 1.0727 $118 $217 $267 $385 $434 $522
6/1/01-5/31/02 1.0407 $110 $203 $249 $359 $404 $487
6/1/00-5/31/01 1.0529 $106 $195 $239 $345 $388 $468
6/1/99-5/31/00 1.0491 $101 $185 $227 $328 $369 $444
6/1/98-5/31/99 1.0439 $96 $176 $216 $312 $352 $424
6/1/97-5/31/98 1.0419 $92 $169 $207 $299 $337 $406
6/1/96-5/31/97 1.0396 $88 $162 $198 $287 $323 $389
6/1/95-5/31/96 1.032 $85 $155 $191 $276 $311 $375
6/1/94-5/31/95 1.0237 $82 $151 $185 $267 $301 $363
Case 1:12-cv-00128-RMC-DST-RLW Document 383-13 Filed 09/10/13 Page 1 of 2
The methodology of calculation and benchmarking for this Updated Laffey Matrix has been approved in a number of cases. See, e.g., McDowell v. District of Columbia, Civ. A. No. 00-594 (RCL), LEXSEE 2001 U.S. Dist. LEXIS 8114 (D.D.C. June 4, 2001); Salazar v. Dist. of Col., 123 F.Supp.2d 8 (D.D.C. 2000).
* “Years Out of Law School” is calculated from June 1 of each year, when most law students
graduate. “1-3" includes an attorney in his 1st, 2nd and 3rd years of practice, measured from
date of graduation (June 1). “4-7" applies to attorneys in their 4th, 5th, 6th and 7th years of
practice. An attorney who graduated in May 1996 would be in tier “1-3" from June 1, 1996
until May 31, 1999, would move into tier “4-7" on June 1, 1999, and tier “8-10" on June 1,
2003.
** The Adjustment Factor refers to the nation-wide Legal Services Component of the
Consumer Price Index produced by the Bureau of Labor Statistics of the United States
Department of Labor.
Source for this Exhibit: http://www.laffeymatrix.com/see.html
Case 1:12-cv-00128-RMC-DST-RLW Document 383-13 Filed 09/10/13 Page 2 of 2
Case 1:12-cv-00128-RMC-DST-RLW Document 383-14 Filed 09/10/13 Page 1 of 2
Case 1:12-cv-00128-RMC-DST-RLW Document 383-14 Filed 09/10/13 Page 2 of 2
Top Related