Summary
finding that an hourly rate of $385 for a lead trial counsel in a civil rights case was reasonable for the Sacramento market
Summary of this case from Lehr v. City of SacramentoOpinion
NO. CIV S-00-1698 FCD GGH.
September 30, 2008
MEMORANDUM AND ORDER
This matter arises out of plaintiff California Pro-Life Council, Inc.'s ("CPLC") motion for attorneys' fees and expenses pursuant to 42 U.S.C. § 1988. Plaintiff seeks a total of $706,367.08 for lead counsel's attorneys' fees and $26,197.24 for costs associated with the litigation in this case incurred by lead counsel. Plaintiff also seeks attorneys' fees and costs for local counsel. Defendants contend that the requested award should be substantially reduced based upon the rates charged, the costs of appeal, and the degree of success obtained by plaintiff. For the reasons set forth below, plaintiff's motion is GRANTED in part and DENIED in part.
Because oral argument will not be of material assistance, the court orders these matters submitted on the briefs. E.D. Cal. Local Rule 78-230(h).
BACKGROUND
Litigation in this matter has been ongoing for over eight years. On August 8, 2000, CPLC filed its initial complaint with this court. The essence of CPLC's operative ten-count complaint ("complaint") is that Cal. Gov't Code §§ 82031 and 82013(a) and (b) Cal. Code Regs. tit. 2, §§ 18225(b) and 18215(b), violate CPLC's First and Fourteenth Amendment rights by subjecting them to onerous reporting requirements for engaging in express advocacy of ballot measures. Three of these claims were dismissed by stipulation of the parties. By orders filed on October 24, 2000 and January 22, 2002, this court dismissed the remainder of plaintiff's claims on various grounds.
The Ninth Circuit affirmed this court's dismissal of Counts 1 and 3, holding that CPLC "does not have standing to argue that the definition of `independent expenditure' is unconstitutionally vague as applied to its candidate advocacy." California Pro-Life Council, Inc. v. Getman, 328 F.3d 1088, 1096 (9th Cir. 2003). With respect to Counts 5 and 10, the court held that CPLC could challenge the allegedly vague definition of "independent expenditure" as it related to CPLC's express ballot measure advocacy, but concluded that the definition, as narrowly defined by the California appellate court in Governor Gray Davis Committee v. American Taxpayer Alliance, 102 Cal. App. 4th 449 (2002), was not unconstitutionally vague. Getman, 328 F.3d at 1093, 1100. Lastly, the Ninth Circuit addressed Counts 2, 4, and 6, "CPLC's more general challenge to the PRA's regulation of ballot measure advocacy." Id. at 1100. The court concluded that the PRA's disclosure provisions burden protected First Amendment speech and therefore, must satisfy strict scrutiny. The Circuit court remanded, stating that it was for this court to determine in the first instance whether the state's interest was in fact compelling, and whether the challenged PRA provisions were narrowly tailored to advance that interest. Id. at 1107.
On remand, the parties filed cross-motions for summary judgment. By order dated February 25, 2005, this court denied CPLC's motions for summary judgment and granted defendants' motion for summary judgment. The Court held that (1) California has a compelling information interest in the PRA's disclosure provisions; and (2) the record-keeping, reporting, and organizational obligations were narrowly tailored to that compelling interest. CPLC appealed the judgment.
On November 14, 2007, the Ninth Circuit affirmed in part, reversed in part, and remanded. California Pro-Life Council, Inc. v. Randolph, 507 F.3d 1172 (9th Cir. 2007). The Ninth Circuit concluded that defendants had met their burden of demonstrating (1) a compelling interest in the disclosure of funding sources for express ballot measure advocacy; and (2) that the definition of "contribution" is narrowly tailored to that compelling interest. Id. at 1183-87. However, the Ninth Circuit held that defendants failed to demonstrate that the PRA's imposition of the "full panoply of regulations that accompany status as a political committee under the Act," which included mandated registration, formal termination procedures, periodic reporting, and heightened recordkeeping requirements, on a group like CPLC were narrowly tailored to that same interest. Id. at 1187-89. As such, the Ninth Circuit's held that CPLC, and groups like CPLC, cannot be required to comply with political committee-like requirements beyond disclosure of the identities of persons funding independent expenditures made by CPLC to support or oppose qualification or passage of ballot measures.Randolph, 507 F.3d at 1187-90.
Consistent with the Ninth Circuit's decisions, by order filed March 12, 2008, this court held that CPLC was entitled to judgment in its favor on Count Six and permanently enjoined defendant from enforcing additional political committee-like requirements against CPLC and groups like CPLC. (Mem. And Order [Docket # 204], filed Mar. 12, 2008, at 7.) As such, nine of plaintiff's original ten claims for relief were ultimately dismissed. (See id. at 5-7.) However, plaintiff was successful in obtaining declaratory and injunctive relief on one of its claims.
STANDARD
The Civil Rights Attorneys' Fees Awards Act of 1976 states in relevant part:
In any action or proceeding to enforce a provision of . . . [ 42 U.S.C. § 1983] . . . the court, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney's fee as part of the costs.42 U.S.C. § 1988(b) (West 2008). "Section 1988 was enacted to insure that private citizens have a meaningful opportunity to vindicate their rights protected by the Civil Rights Acts."Pennsylvania v. Delaware Valley Citizens' Council for Clean Air, 478 U.S. 546, 559 (1986) (citing Hensley v. Eckhart, 461 U.S. 424, 429 (1983). As such, a prevailing party "should ordinarily recover an attorney's fee unless special circumstances would render such an award unjust." Hensley, 461 U.S. at 429 (internal quotations omitted). District courts are given discretion in calculating the amount of attorneys' fees. Id. at 437. However, the district court must make clear its reasons for a certain fee award, especially "when an adjustment is requested on the basis of either the exceptional or limited nature of relief obtained by the plaintiff." Id.
Defendants do not dispute that plaintiff is a prevailing party in this litigation.
The party seeking fees bears the burden of documenting and substantiating fees, and those fees must be reasonable and necessary to the litigation. Id. at 434. In determining the award, courts typically use the "lodestar" method to calculate attorneys' fees. Widrig v. Apfel, 140 F.3d 1207, 1209 (9th Cir. 1998). Under this method, the court multiplies the number of hours reasonably expended on the litigation by a reasonable hourly rate. Hensley, 461 U.S. at 433 ("This calculation provides an objective basis on which to make an initial estimate of the value of a lawyer's services."). The district court should exclude from this initial calculation hours that it deems were not reasonably expended. Id. at 434.
There is a strong presumption that the lodestar amount is reasonable, though the court may adjust the lodestar figure if various factors overcome that presumption of reasonableness.Fischer v. SJB-P.D, Inc., 214 F.3d 1115, 1119 (9th Cir. 2000). The following twelve factors are generally used to adjust a fee award:
(1) the time and labor required, (2) the novelty and difficulty of the questions involved, (3) the skill requisite to perform the legal service properly, (4) the preclusion of other employment by the attorney due to acceptance of the case, (5) the customary fee, (6) whether the fee is fixed or contingent, (7) time limitations imposed by the client or the circumstances, (8) the amount involved and the results obtained, (9) the experience, reputation and ability of the attorneys, (10) the `undesirability' of the case, (11) the nature and length of the professional relationship with the client, and (12) awards in similar cases.Kerr v. Screen Extras Guild, Inc., 526 F.2d 67, 70 (9th Cir. 1975); E.D. Cal. L.R. 54-293. The factor of "results obtained" is "particularly crucial where a plaintiff is deemed `prevailing' even though he succeeded on only some of his claims for relief."Hensley, 461 U.S. at 434.
ANALYSIS
A. Reasonable Hourly Rates
Generally, a reasonable hourly rate is set based on the prevailing market rates in the legal community of the forum district. Blum v. Stenson, 465 U.S. 866, 895 (1984); Gates v. Deukmejian, 987 F.2d 1392, 1405 (9th Cir. 1993). The fee applicant bears the burden of producing evidence that the requested rate is commensurate with the rates in the community for similar services by attorneys of "reasonably comparable skill, experience and reputation." Blum, 465 U.S. at 895 n. 11; Trevino v. Gates, 99 F.3d 911, 924-25 (9th Cir. 1996); Davis v. City of San Francisco, 976 F.2d 1536, 1545 (9th Cir. 1992) (a reasonable hourly rate should be determined "by reference to the fees that private attorneys of an ability and reputation comparable to that of prevailing counsel charge their paying clients for legal work of similar complexity"). Determination of a reasonable hourly rate is not made merely by reference to rates actually charged by the prevailing party or rates charged in the prevailing party's locale. See White v. City of Richmond, 713 F.2d 458, 461 (9th Cir. 1983). Rather, the rate assessed is based on the prevailing rate in the relevant community for similar work. Chalmers, 796 F.2d at 1211; Blum, 465 U.S. at 895 n. 11. Generally, the relevant community is the forum in which the district court sits. Davis v. Mason County, 927 F.2d 1473, 1488 (9th Cir. 1991). However, rates outside the forum may be used "if local counsel was unavailable, either because they are unwilling or unable to perform because they lack the degree of experience, expertise, or specialization required to handle properly the case." Gates v. Deukmejian, 987 F.2d 1392, 1405 (9th Cir. 1992).
The law firm of Bopp, Coleson Bostrom served as lead counsel for plaintiff. (Decl. of James Bopp, Jr. ("Bopp Decl.") [Docket #208], filed Apr. 11, 2008, ¶ 24.) Plaintiff seek the following fee rates for lead counsel's work in this case:
While the Bopp declaration asserts that Callen's rate in the local market would be $195 per hour, the actual rate charged for his work in the breakdown submitted to the court is $190 per hour. (Ex. C to Bopp Decl.)
James Sweeney ("Sweeney") and Tahnya Ballard ("Ballard") served as local counsel. (Decl. of James F. Sweeney in Supp. of Mot. for Attorneys' Fees ("Sweeney Decl.") [Docket #212], filed Apr. 14, 2008, ¶ 1; Decl. of Tahnya Ballard ("Ballard Decl.") [Docket #210], filed Apr. 11, 2008, ¶ 3.) Local counsel seeks the following fee rates:
James F. Sweeney $375 per hour Tahnya Ballard $250 per hour (Sweeney Decl. ¶ 9; Ballard Decl. ¶ 8.)In support of their requested fee rates, plaintiff submit the declaration of Charles H. Bell, Jr. ("Bell"), a senior partner in the law firm of Bell, McAndrews, Hiltachk, Davidian LLP, a law firm which practices in Sacramento and specializes in campaign, election, and administrative law at all levels of government. (Decl. of Charles H. Bell, Jr. ("Bell Decl.") [Docket #209], filed Apr. 11, 2008, ¶¶ 4, 5.) Bell asserts that his law firm uses the following rate table, which has been established in light of prevailing rates within the Sacramento metropolitan area:
Associates: 1-3 years $150-$170 per hour Associates: 3+ years $170-$230 per hour Partners: to 10 years $230-$260 per hour Partners: 10+ years $260-$280 per hour Senior Partners: $280-$400 per hour Law Clerks: $100-310 per hour (Id. ¶¶ 6.) The actual rate ascribed to an attorney within the appropriate range depends on his personal level of expertise in the subject area and the arena in which the services are being rendered. (Id.) Bell also asserts that he has reviewed the declarations regarding plaintiff's' counsel's work in this case, and it is his opinion that the rates charged are fair and reasonable in light of the local market. (Id. ¶ 7.)1. Bopp and Ballard's Requested Rates
Defendants do not challenge the requested hourly rate of James Bopp, Jr. ("Bopp"), stating that it is within the range of applicable community rates set forth by Bell in his declaration. (Def.'s Opp'n to Pls.' Mot. for Attorney's Fees and Expenses ("Opp'n") [Docket #215], filed May 7, 2008, at 17 n. 14.) Defendants also do not challenge the requested hourly rate of Ballard. (Id. at 17 n. 15.) Having reviewed the submissions of the parties and the relevant case law, the court finds that the fee rates of $385 per hour for Bopp and of $250 per hour for Ballard are reasonable.
2. Sweeney's Requested Rate
Defendants contend that Sweeney's hourly rate should be reduced to $250 per hour because it is the rate claimed by current local counsel, Ballard, and because it has repeatedly been found to be a reasonable rate for an experienced attorney in Sacramento. (Id.) With its reply, plaintiff submits a supplemental declaration of Bell, which provides that attorneys with Sweeney's level of experience, knowledge, background, and expertise routinely receive between $350 and $400 per hour. (Supplemental Decl. of Charles H. Bell in Supp. of Pls.' Mot. for Attorneys' Fees ("Suppl. Bell. Decl.") [Docket #220], filed May 16, 2008, ¶ 11; see also Sweeney Decl. ¶¶ 2-7.) Moreover, this rate is within the range of applicable community rates set forth by Bell in his original declaration, which defendants implicitly concede are appropriate. (See Opp'n at 16-18) (applying the rates set forth in the Bell declaration in order to arrive at proposed alternative reasonable rates). While defendants assert that there was no evidence submitted in plaintiff's moving papers regarding the reasonable rate for a sole practitioner or member of a small law partnership in Sacramento, defendants also fail to proffer any evidence or argument that an attorneys' hourly rate should be adjusted because he is affiliated with a small law firm. Rather, the supplemental Bell declaration, in conjunction with the Sweeney declaration, support plaintiff's contention that $375 per hour is a reasonable fee rate for Sweeney's work in this litigation.
Defendants did not raise any objection to the court's consideration of this evidence.
3. Compensation at Current Experience Levels
While defendants do not oppose the application of current community rates, defendants argue that plaintiff's requested rates for the remainder of counsel are unreasonable because plaintiff is requesting that such counsel be compensated based on their current experience level, as opposed to their experience level when they were working on the case as long as seven to nine years ago. Defendants contend that this method of calculation results in a "windfall" to plaintiff. (Opp'n at 16 n. 12.) Plaintiff argues that such a methodology does not result in a windfall, but rather accounts for both inflation and loss of the use of funds.
The Supreme Court and the Ninth Circuit have established that it is within the district court's discretion "to compensate prevailing parties for any delay in the receipt of fees by awarding fees at current rather than historic rates in order to adjust for inflation and the loss of funds." Gates, 987 F.2d at 1406 (collecting cases) (emphasis added); see also Missouri v. Jenkins, 491 U.S. 274, 283-84 (1989); Barjon v. Dalton, 132 F.3d 496, 502-03 (9th Cir. 1997) ("[T]he district court may choose to apply either the attorney's current rates to all hours billed or the attorney's historic rates plus interest."); In re Washington Pub. Power Supply Sys. Sec. Litig., 19 F.3d 1291, 1305 (9th Cir. 1994) ("Full compensation requires charging current rates for all work done during the litigation, or by using historical rates enhanced by an interest factor."). The Supreme Court has reasoned that an appropriate adjustment for delay in payment was within the contemplation of § 1988 because "compensation received several years after the services were rendered . . . is not equivalent to the same dollar amount received reasonably promptly as the legal services are performed." Jenkins, 491 U.S. at 384 (approving an adjustment "whether by the application of current rather than historic hourly rates or otherwise"). Subsequently, the Ninth Circuit has noted that "[a] fee award at current rates is intended to compensate prevailing attorneys for lost income they might have received through missed investment opportunities as well as lost interest." Gates, 987 F.2d at 1406.
While it is well established that an adjustment to fees should account for both inflation and lost interest, the Ninth Circuit has also observed that "[a] court may . . . refuse to use current hourly rates on the grounds that increased rates reflect the attorney's increased knowledge and experience, not merely inflation." Burgess v. Premier Corp., 727 F.2d 826, 841 (9th Cir. 1984). Therefore, it is within the district's court discretion to adjust the attorneys' fee award in order to compensate for both inflation and lost interest, but such adjustment should not compensate for an attorney's increased skills gained through experience.
A review of the relevant cases cited by plaintiff and found by the court, however, reveals an ambiguity with respect to the Ninth Circuit's definition of current rates. It is unclear whether "current rates" refers (1) to rates currently charged in the relevant community for attorneys of the same experience level that the fee-seeking attorneys were when they worked on the litigation; or (2) to rates currently charged in the relevant community for attorneys of the experience level that the fee-seeking attorneys currently are at the time they are seeking the fees.
Paying counsel at current values based on their experience level when they performed the work would compensate for inflation. See Bouman v. Block, 940 F.2d 1211, 1235 (9th Cir. 1991); see also Miller v. Holzmann, ___ F. Supp. 2d ___, Civ No. 95-1231, 2008 WL 3319032, at *13 (D.D.C. Aug. 12, 2008.) However, it does not take into account the lost interest or economic opportunities missed over the last eight years that this case was litigated by lead counsel on a contingency fee basis. (See Bopp Decl. ¶ 21.) Yet, paying counsel at the current rates for their current experience levels would produce a windfall to plaintiff's counsel by adjusting fees for an attorney's increased skills gained through experience. Leroy v. Houston, 831 F.2d 576, 584-85 (9th Cir. 1987); Chalmers v. City of Los Angeles, 676 F. Supp. 1515, 1526 (C.D. Cal. 1987) ("An increase in an attorney's hourly rate over time more likely reflects an attorneys [sic] increased experience and skill as a lawyer than some change in the time-value of money."); see Burgess, 727 F.2d at 841. Contra Miller, 2008 WL 3319032, at *13. The court finds that the application of a multiplier to account for lost interest over the course of litigation will more accurately reflect the proper amount of fees. See Chalmers, 676 F. Supp. at 1527 ("The historic market rate of interest . . . is a more relevant factor in measuring loss from delay.").
Such a windfall is exemplified in this case where a large part of the work was performed from 1999 to 2001 by B. Chad Bungart, an associate admitted to the bar in 1999. Plaintiff contends that Bungard should be paid at the rate of $275 per hour, instead of $170 per hour, the high end of the range for a 1-3 year associate under the Bell declaration. This increase overcompensates for lost interest occasioned by the length of litigation.
Therefore, the court will apply the rates currently charged in the relevant community for attorneys of the same experience level that the fee-seeking attorneys were when they worked on the litigation. At the conclusion of the lodestar calculation, the court will increase the total fees by a multiplier of 1.15 to account for lost interest and opportunities incurred over the course of the eight year litigation.
The court finds that a 15% increase is reasonable to account for lost interest and opportunities during the course of the litigation under the facts of this case. However, the court does not apply the multiplier to the fees and costs incurred relating to the motion for attorneys' fees. (Exhibit B.)
4. Approved Reasonable Rates
Defendants also argue that plaintiff's requested rates are unreasonable because they are not in line with those set forth in the Bell declaration. The court agrees.
The court finds that the range of rates set forth in the Bell declaration are the prevailing rates in Sacramento for similar work by attorneys of reasonably comparable skill, experience and reputation. The court acknowledges the complexity of the issues raised in this case, the requisite skill required to perform the legal services, and the experience, reputation and ability of the attorneys; thus, the court applies the rates at the high end of the applicable range.
The court does not consider the Altman Weil statewide survey submitted by plaintiff because this reflects statewide billing rates, not the prevailing billing rates in Sacramento. See Petroleum Sales, Inc. v. Valero Ref. Co., No. C. 05-3526, 2007 WL 2694207, at *5 (N.D. Cal. Sept. 11, 2007) (rejecting consideration of the Altman Weil survey because it is "too broad"); S.W. Ctr. for Biological Diversity v. Bartel, No. 98-CV-2234, 2007 WL 2506605, at *4 (S.D. Cal. Aug. 30, 2007) (rejecting fee schedule set forth in Altman Weil survey because it averages rates over a large region); Grunseich v. Barnhart, 439 F. Supp. 2d 1032, 1034 (C.D. Cal. 2006) (rejecting reliance on Altman Weil survey).
In determining the applicable range, the court looks to the date when counsel was admitted to the bar and assumes that such admission was at the beginning of that year. For example, applying the rate table set forth in the Bell declaration, an associate admitted to the bar in 1999 would be compensated at the rate of $170 per hour for work performed between 1999 through 2001. For any work performed from 2001 through 2008, that associate would be compensated at the rate of $230 per hour. Further, while, aside from Bopp, there are no "partners" at the law firm of Bopp, Coleson Bostrom, the court looks to the billing rates for partners with ten or more years of experience when assessing the rates of "Senior Associates" Richard E. Coleson and Barry A Bostrom. (See Bopp Decl. ¶ 13) ("[A]ttorneys with partner-level experience have the tile of Senior Associate with my firm.").
As such, and for the reasons set forth above, the court finds that the following rates are reasonable for all counsel in this case:
James Bopp, Jr. $385 per hour Barry A. Bostrom $280 per hour Richard E. Coleson $280 per hour Glenn M. Willard $230 per hour Eric C. Bohnet $230 per hour Heidi K. Abegg $230 per hour James R. Mason $230 per hour B. Chad Bungard $170 per hour Raeanna S. Moore $170 per hour (1999) $230 per hour (2000-2008) J. Aaron Kirkpatrick $170 per hour Justin David Bristol $170 per hour Benjamin T. Barr $170 per hour Jeffrey P. Gallant $170 per hour (2001-2003) $230 per hour (2004-2008) Clayton J. Callen $170 per hour James F. Sweeney $375 per hour Tahnya Ballard $250 per hourB. Costs on Appeal
In both remand orders, the Ninth Circuit ordered that "[e]ach party is to bear its costs on appeal." Randolph, 507 F.3d at 1190; Getman, 328 F.3d at 1107 ("Each party shall bear its own costs on appeal."). As such, defendants contend that plaintiff's requested fees should be reduced because it is not entitled to costs on appeal. Specifically, defendants assert that, under the plain language of § 1988, "costs" include attorneys' fees attributable to the appeal and are thus precluded by the Ninth Circuit's orders. Plaintiff contends that costs refers only to the costs set forth in Rule 39 of the Federal Rules of Appellate Procedure.Rule 39(a) sets forth the rules regarding parties against whom costs may be assessed unless the law or court orders provide otherwise. In ordering that each party was to bear its own costs on appeal, the Ninth Circuit was excising its discretion pursuant to Rule 39(a). Section 1988(b) provides, in relevant part:
In any action or proceeding to enforce a provision of section . . . 1983 . . . of this title, . . . the court, in its discretion, may allow the prevailing party, . . . a reasonable attorney's fee as part of the costs. . . .42 U.S.C. § 1988(b) (emphasis added). The Ninth Circuit has not directly addressed the relationship between costs under Rule 39 and attorneys' fees under section 1988. Specifically, the Ninth Circuit has not addressed whether "costs" on appeal includes attorneys' fees under § 1988.
The Ninth Circuit has recently held that Rule 39 was not intended "to create a uniform definition of `costs,' exclusive of attorneys' fees." Azizian v. Federated Dep't Stores, Inc., 499 F.3d 950, 958 (2007); see Adsani v. Miller, 139 F.3d 67, 75 (2d Cir. 1998) ("Rule 39 has no definition of the term "costs" but rather defines the circumstances under which costs should be awared."); see also Pedraza v. United Guar. Corp., 313 F.3d 1323, 1329-30 (11th Cir. 2002) ("Under no fair reading of the simple, unambiguous language of Rule 39 can an exportable definition of `costs' be perceived. . . ."). But see McDonald v. McCarthy, 966 F.2d 112, 116 (3d Cir. 1992) ("Rule 39 . . . is not silent as to the definition of costs."); Robinson v. Kimbrough, 652 F.2d 458, 463 (5th Cir. 1981) ("Rule 39 . . . refers only to the usual costs of appeal."). In Azizian, the Ninth Circuit was confronted with the issue of whether "costs on appeal," as used in Federal Rule of Appellate Procedure 7, included all expenses defined as "costs" by an applicable fee-shifting statute, including attorneys' fees. Id. at 953. The applicable fee-shifting statute before the court was Section 4 of the Clayton Act, which provides that an injured party shall recover "cost of suit, including a reasonable attorney's fee." Id. at 959. The court found that neither Rule 7 nor Rule 39 provided an exclusive definition of costs. Id. at 958. In particular, the Azizian court noted that Rule 7 was silent with respect to the definition of costs and that "[t]he discrepancy between the use of the term `costs' in Rule 39 and its use in Rule 38 strongly suggests that the rules' drafters did not intend for Rule 39 to create a uniform definition. . . ." Id. Further, the court read the language of 39(e) to mean that "the costs identified in Rule 39(e) are among, but not necessarily the only, costs available on appeal." As such, the court held that because there was no exclusive definition of costs in the Rules and because the plain language of the applicable fee-shifting statute included reasonable attorneys' fees as part of "costs," the term "cost" in Rule 7 included attorneys' fees if such fees were eligible to be recovered. Id. at 959-960 (determining that appellant did not need to secure a bond for attorneys' fees because appellee was not eligible to recover such fees under the statute).
Where an applicable rule does not define the term "costs" and the underlying fee-shifting statute does, the court must rely upon the definition set forth in the statute. Marek v. Chesny, 473 U.S. 1, 8-9 (1985). In Marek, the Supreme Court held that the term "costs" in Federal Rule of Civil Procedure 68 includes attorneys' fees under § 1988. Id. at 9. The Court reasoned that by not defining the term "costs" in Rule 68, the drafters "intended to refer to all costs properly awardable under the relevant substantive statute or other authority." Id. The Court also noted that "Congress expressly included attorney's fees as `costs' available to a plaintiff in a § 1983 suit." Id. "Thus, absent congressional expressions to the contrary, where the underlying statute defines `costs' to include attorney's fees," the Supreme Court concluded that such fees are to be included as costs for purposes of a rule that does not explicitly define that term. Id.
In this case, the Ninth Circuit ordered that each party shall bear their own costs on appeal pursuant to Rule 39. The Ninth Circuit did not define what they meant by costs. Further, as set forth above, Rule 39 does not set forth a uniform definition of costs nor a definition of costs that is exclusive of attorneys' fees. Azizian, 499 F.3d at 958. Thus, the court must look to the underlying fee-shifting statute. Marek, 499 U.S. at 9. As the Supreme Court noted in Marek, the plain language of § 1988 demonstrates Congress' intent to include attorneys' fees as part of the costs of suit. Id. Therefore, the Ninth Circuit's order pursuant to Rule 39 that each party shall bear its own costs on appeal includes attorneys' fees under § 1988. As such, plaintiff may not seek attorneys' fees incurred in the process its appeals.
In its reply, plaintiff cites to the Third Circuit's decision in McDonald v. McCarthy, which held that an award of attorneys' fees was not precluded by the Court of Appeals' order that each party bear its own costs on appeal. 966 F.2d at 118. The McDonald court based its analysis on its finding that "Rule 39 defines costs as including normal administrative costs" and does not provide "for the assessment of attorneys' fees." Id. The court distinguished the Supreme Court's decision in Marek on the basis that, unlike Rule 39, Rule 68 did not have a definition of costs.Id. at 116. Rather, the Third Circuit found that the issue before it was more akin to that before the Supreme Court in Roadway Express, Inc. v. Piper, where the Court held that attorneys' fees were not recoverable because they were not included in the statutory definition of costs set forth in 28 U.S.C. § 1927. Id. (citing Roadway Express, Inc. v. Piper, 447 U.S. 752 (1980)). The court also emphasized that § 1988 provides that attorneys' fees "may" be awarded as part of costs. Id. at 118. Therefore, the court concluded that § 1988's definition of costs should not be "superimposed" upon Rule 39's definition.
The Third Circuit's decision in McDonald is unpersuasive to the court. First, the basis of the McDonald court's reasoning is contrary to Ninth Circuit precedent regarding the interpretation of Rule 39. Azazian, 499 F.3d at 958. Second, because the Ninth Circuit has held that Rule 39 does not create a uniform definition of costs, this issue in this case is more akin to that before the Supreme Court in Marek, not in Roadway. Finally, the court disagrees with the Third Circuit's emphasis on the term "may" in § 1988. The language of the statute provides that "the court, in its discretion, may allow the prevailing party, . . . a reasonable attorney's fee as part of the costs. . . ." 42 U.S.C. § 1988. A plain reading of the statute requires that "may" refers to the courts discretion to award attorneys' fees. However, it does not support an interpretation that the court may or may not consider attorneys' fees as part of the costs. Further, such an interpretation would be contrary to the Supreme Court's holding in Marek that Congress expressly included attorneys' fees as costs. 473 U.S. at 9.
Plaintiff also argues that costs should not be denied in this case because the Ninth Circuit granted transfer to this court pursuant to Ninth Circuit Rule 39-1.8, which provides that a party who is or may be eligible for fees may transfer consideration of fees on appeal to the district court. (Order [Docket #191], filed Dec. 14, 2007.) In essence, plaintiff contends that the Ninth Circuit's transfer order amounts to a determination that it should be awarded attorneys' fees. The court does not read the transfer order so broadly. Rather, the Ninth Circuit's order transferred the case for "consideration" of attorneys' fees on appeal. (Id.) Such consideration includes whether fees should be awarded at all. This is consistent with the language of Ninth Circuit Rule 39-1.8, which allows for a motion to transfer to be made by "[a]ny party who is or may be eligible for attorneys fees on appeal." Moreover, the Ninth Circuit's remand orders in this case are distinguishable from other orders where it has explicitly found that attorneys' fees on appeal should be awarded pursuant to § 1988, even if other appeal costs are borne by each party. See Merritt v. Mackey, 932 F.2d 1317, 1325 (9th Cir. 1991) ("Each party will bear its own share of the regular costs on appeal. As prevailing party in this litigation, Merritt is entitled to an award of fees on appeal pursuant to 42 U.S.C. § 1988. . . ."); see also Am. Jewish Congress v. City of Beverly Hills, 90 F.3d 379, 386 (9th Cir. 1996) (granting the request for attorneys' fees on appeal pursuant to § 1988 and remanding to the district court for determination of the proper amount).
The court notes that nothing in its analysis would preclude the Ninth Circuit from exempting attorneys' fees from its orders regarding costs under Rule 39. In such a case, the court's explicit orders would define the term costs, and the court need not look to the underlying statute for its definition.
Therefore, because the court holds that the Ninth Circuit's remand orders directing that each party would bear its own costs on appeal includes attorneys' fees under § 1988, the court reduces the requested attorneys' fees to the extent they arise out of counsel's work on appeal. (See Appendix A, B.)
Appendix A and B reflect only the hours and costs expended by plaintiff's lead counsel. The court has reviewed the hours and costs expended by plaintiff's local counsel. Sweeney did not incur any fees, costs, or expenses related to plaintiff's appeals. Ballard expended 1.4 hours related to plaintiff's appeal between March 1, 2005 and November 15, 2007. (Ex. A to Ballard Decl.) As such, the court does not award Ballard fees for these hours. Ballard did not incur any costs or expenses related to plaintiff's appeal.
C. Reductions for Limited Success
Where a plaintiff is deemed the prevailing party, even though he succeeded on only some of his claims for relief, the court must take into account the partial or limited success in awarding attorneys' fees. Hensley, 461 U.S. at 434-40 (1983);Gates, 987 F.2d at 1403-04. "A fee based on the hours expended on the litigation as a whole may be excessive if a plaintiff achieves only partial or limited success." Farrar v. Hobby, 506 U.S. 103, 104 (1992) If there are two distinctly different claims for relief based upon different facts or legal theories and the plaintiff prevails on only one of those claims, the plaintiff should not recover fees for work on the unsuccessful claim. Id. However, if plaintiff brings claims that involve a common core of facts or are based on related legal theories, the court cannot treat those claims as distinct and must "focus on the significance of the overall relief obtained by the plaintiff in relation to the hours reasonably expended on the litigation." Id. at 435.
When balancing the relief obtained against the hours expended, "[t]he result is what matters." Id.; see Gates, 987 F.2d at 1404. If a plaintiff obtained excellent results, the fee award should not be reduced simply because the plaintiff failed to prevail on every claim brought in the litigation. Id. Nor should the court necessarily reduce the lodestar because the prevailing party did not receive the type of relief it requested. Gates, 987 F.2d at 1404 (citations omitted). However, if a plaintiff obtained a result that was favorable, but only partially successful, full compensation for all the hours expended in litigation may be excessive. Hensley, 461 U.S. at 436. While there is not precise rule or formula for making these determinations, the Ninth Circuit has noted that the "favored procedure" is for the court to adjust attorneys' fees to take into account limited success in the "initial determination of hours reasonably expended," and "not in subsequent adjustments to the lodestar figure." Gates, 987 F.2d at 1404 (citing Corder v. Gates, 947 F.2d 374, 378 (9th Cir. 1991); Cabrales v. County of Los Angeles, 864 F.2d 1454, 1464 (9th Cir. 1988)).
1. Issues Litigated Prior to the First Appeal
In the initial motions before the court and in its first appeal before the Ninth Circuit, plaintiff attacked the constitutionality of California's campaign finance disclosure laws on essentially two bases: (1) the definition of independent expenditure; and (2) the ability of California to regulate ballot-measure advocacy. See Getman, 328 F.3d 1088; see also Mem. Order [Docket #95], filed Jan. 22, 2002. Plaintiff did not prevail on its claims arising out of the definition of independent expenditure. See Getman, 328 F.3d at 1096-1100. However, the Ninth Circuit found that while California may regulate ballot-measure advocacy, the State must also establish whether it has a compelling informational interest satisfying such disclosures. Id. at 1100-07.
Plaintiff concedes that the independent expenditure claims was a separate and distinct claim from the ballot advocacy claims that thus, it should not be awarded fees for work arising out of litigation of the independent expenditure claims. Plaintiff represents that approximately half of the time expended was spent on the independent expenditure claim and half of its opening brief on its first appeal was devoted to argument on the independent expenditure claim. (Bopp Decl. ¶ 28.) As such, plaintiff requests fees for fifty percent of the hours worked on the litigation prior to the first appeal. (Id.)
The court has reviewed the underlying record, the declarations of counsel, and the relevant time/rate sheets submitted by plaintiff. The court finds that plaintiff's proposed reduction of fifty percent of the hours worked on the litigation prior to the first appeal is reasonable and supported by both the law and the facts. (See Appendix A.)
2. Issues Litigated Prior to the Second Appeal
After the Ninth Circuit's first remand order in 2003, the issues in this litigation were narrowed to (1) whether the California had a compelling informational interest in its laws relating to ballot-measure advocacy; and (2) whether the current regulations were narrowly tailored to that interest. Both of these issues were based upon the constitutionality of the laws addressing ballot-measure advocacy. As such, plaintiff's surviving claims were based on related legal theories, and the court cannot treat those claims as distinct; rather, it must "focus on the significance of the overall relief obtained by the plaintiff in relation to the hours reasonably expended on the litigation." Hensley, 461 U.S. at 435.
In its second remand order, the Ninth Circuit held that defendants had met their burden of demonstrating that California has a compelling interest in the disclosure of funding sources for express ballot measure advocacy; and that the definition of "contribution" is narrowly tailored to that compelling interest.Randolph, 507 F.3d at 1183-87. However, the Ninth Circuit held that the PRA's imposition of the "full panoply of regulations that accompany status as a political committee under the Act," was not narrowly tailored. Id. at 1187-89. As such, the PRA's disclosure provisions were upheld, and the Ninth Circuit held that CPLC may be required to disclose contributions as defined by the PRA. Id. at 1189. However, CPLC is not required to comply with the additional political committee-like requirements set forth in the PRA. Id. at 1189-90.
The court finds that the results achieved by plaintiff as a result of its second appeal were excellent. While it may be required to disclose contributions, plaintiff obtained a permanent injunction against the state with respect to enforcement of the full-panoply of political-committee like requirements. See Hensley, 461 U.S. at 435 n. 11. ("Nor is it necessarily significant that a prevailing plaintiff did not receive all the relief requested."). Therefore, the court does not reduce plaintiff's requested fees based upon partial or limited success obtained in the second appeal.
Defendants assert that the court should discount attorneys' fees by a fraction, applying the same percentage of reduction to claims litigated prior to the first appeal as to those litigate prior to and after the second appeal. Specifically, defendants assert that at least ninety percent of the hours requested by plaintiff should not be compensated for because only ten percent of the briefs submitted to the Ninth Circuit on the second appeal were devoted to the issue on which plaintiff ultimately prevailed. However, the court finds that this methodology fails to take into account (1) the actual time spent on the distinct issue in the first appeal; (2) that plaintiff's claims litigated after the first appeal were based upon related legal theories; and (3) that plaintiff's ultimate result obtained after the second appeal was substantial. As such the court rejects the application of defendants' proposed methodology.
D. Exclusion of Hours
When evaluating a request for attorneys' fees, the court must exclude hours that it deems were not reasonably expended.Hensley, 461 U.S. at 434. The court has reviewed the hours submitted by plaintiff, and has excluded hours for work that it deems were excessive, redundant, or otherwise unnecessary. (See Appendix A, B.)
E. Costs
Pursuant to Local Rule 54-292(b), plaintiff had ten days after entry of judgment, on March 12, 2008, to request costs as the prevailing party. Plaintiff failed to do so. Rather, plaintiff included its request for costs in its motion for attorney fees, filed April 11, 2008. Plaintiff also included expenses in its itemized list for "costs."
Defendant does not dispute that plaintiff can recover "as part of the award of attorney's fees those out-of-pocket expenses that `would normally be charged to a fee paying client.'" Harris v. Marhoefer, 24 F.3d 16, 19 (9th Cir. 1994) (quoting Chalmers v. City of Los Angeles, 796 F.2d 1205, 1216 n. 7).
In light of the complex and on-going nature of the litigation, the court will consider plaintiff's belated requests for costs.Harris, 24 F.3d at 20 n. 4 (noting that a party's failure to comply with the timely filing requirement set forth in the local rule "does not oust the district court's jurisdiction" to consider the belatedly filed request for costs). The court has reviewed plaintiff's requested costs and expenses, excluding those costs and expenses attributable to appeal as well as those that are unreasonable, unclear, or duplicative. (See Appendix A, B).
CONCLUSION
For the foregoing reasons, and as set forth more fully in Appendix A and Appendix B, the court awards attorneys' fees and reasonable costs and expenses to plaintiff as follows: (1) Bopp, Coleson Bostrom: $530,059.19 (2) The Ballard Law Practice: $12,652.95 (3) Sweeney Greene LLP: $7,312.50 IT IS SO ORDERED.NO. CIV S-00-1698 FCD GGH APPENDIX A
Professional Services
6 ATA Life Political Action Committee v. Bayless FPPC v. ACRC of FPPC v. ACRC McConnell v. FEC McConnell v. FEC of McConnell v. of McConnell v. Pocatella Educ. Association v. Heideman Randolph FEC v. Massachusetts Citizens for Life For professional services rendered 2624.65 $412,172.50 Additional expenses: Total Costs $19,501.62 Total amount of this bill $431,674.12 Balance due $431,674.12
Date Attorney Task Hours Rate Award Part 1 8/17/1999 Phone conference with Brian Johnston; JB 1.00 $385.00 $385.00 review California election law 8/18/1999 legal research on WestLaw regarding BCB 0.20 $170.00 $34.00 relevant cases and statutes BCB studied and analyzed research 0.50 $170.00 $85.00 JB phone conference with Chuck Bell 0.20 $385.00 $77.00 8/19/1999 read specifically on "presumed BCB coordination" and also independent 0.60 $170.00 NO CHARGE expenditures — analyzed research read specifically on "presumed BCB coordination" and also independent 0.60 $170.00 $102.00 expenditures — analyzed research Researched independent expenditures in BCB 1.00 $170.00 NO CHARGE California law BCB Conference with Glenn M. Willard 0.50 $170.00 $85.00 GM conference with Chad Bungard 0.50 $230.00 $115.00 researched regulations on California statute definition of contributions and researched BCB 1.50 $170.00 $255.00 "presumed coordination"; review and analyzed research legal research on WestLaw — pulled relevant BCB 0.20 $170.00 $34.00 cases studied and analyzed research — read Maine, BCB 3.50 $170.00 $595.00 Furgatch phone call to Fair Political Practices BCB 0.20 $170.00 $34.00 Committee to order publications researched FPPC website for publications, BCB 0.20 $170.00 $34.00 rulings, statutes, etc. 8/20/1999 Analyzed and studied coordination's issue advocacy, the presumption of coordination, BCB 1.70 $170.00 NO CHARGE and independent expenditures in relation to the relevant California statute drafted interoffice memo, along with further research and analysis on the California code's regulation of coordinated issue BCB 2.80 $170.00 $476.00 advocacy, presumption of coordinated issue advocacy, and independent expenditure as defined by the California code Analyzed and studied coordination's issue advocacy, the presumption of coordination, BCB 1.70 $170.00 $289.00 and independent expenditures in relation to the relevant California statute researched coordinated issue advocacy in BCB 0.50 $170.00 NO CHARGE California 8/21/1999 JB review memo from Chad Bungard 0.10 $385.00 $38.50 conference with Chad Bungard regarding JB 0.20 $385.00 $77.00 CA election law memo JB review memo from Chad Bungard 0.10 $385.00 NO CHARGE JB conference with Chad Bungard 0.10 $385.00 NO CHARGE Conference with James Bopp, Jr. regarding BCB CA 0.20 $170.00 $34.00 election law memo 8/23/1999 researched case law, regulations and BCB Attorney General opinions on independent 0.50 $170.00 NO CHARGE expenditures researched enforcement actions on BCB 0.20 $170.00 NO CHARGE independent expenditures Analyzed and studied independent BCB 1.00 $170.00 NO CHARGE expenditure research phone call to the FPPC concerning their BCB 0.20 $170.00 NO CHARGE interpretation of independent expenditures 8/24/1999 Conference with Glenn M. Willard BCB 0.30 $170.00 NO CHARGE regarding issues BCB Conference with James Bopp, Jr. 0.20 $170.00 $34.00 Conference with Chad Bungard regarding GM 0.30 $230.00 NO CHARGE argument and issues BCB Organized argument strategy 0.20 $170.00 NO CHARGE JB conference with Chad Bungard 0.20 $385.00 $77.00 BCB Organized argument strategy 0.20 $170.00 $34.00 8/25/1999 phone call to FPPC regarding definition of BCB 0.20 $170.00 NO CHARGE independent expenditure 8/30/1999 conference with B. Chad Bungard regarding JB 0.10 $385.00 $38.50 complaint conference with James Bopp, Jr. regarding BCB 0.60 $170.00 $102.00 strategy of case researched and analyzed issues in BCB 1.00 $170.00 $170.00 preparation of the drafting of the complaint JB phone conference with Jan Carroll 0.20 $385.00 $77.00 BCB Organized and arranged strategy of attack 0.10 $170.00 $17.00 conference with B. Chad Bungard regarding JB 0.60 $385.00 $231.00 statutes, regulations and Furgatch JB phone conference with Brian Johnston 0.20 $385.00 $77.00 JB phone conference with Jan Carroll 0.20 $385.00 $77.00 review regulations, advisory opinion, JB 0.50 $385.00 $192.50 enforcement actions BCB Organized and arranged strategy of attack 0.10 $170.00 NO CHARGE read relevant regulations, FPC adviser BCB 1.00 $170.00 NO CHARGE letters concerning independent expenditure Conference with James Bopp, Jr. regarding BCB 0.10 $170.00 $17.00 complaint conference with James Bopp, Jr. regarding BCB 0.30 $170.00 NO CHARGE strategy of case researched and analyzed issues in BCB 1.00 $170.00 NO CHARGE preparation of the drafting of the complaint conference with B. Chad Bungard regarding JB 0.10 $385.00 NO CHARGE complaint researched advisory opinions and BCB regulations of the FPPC concerning the 1.20 $170.00 NO CHARGE definition of independent expenditure conference with B. Chad Bungard regarding JB 0.60 $385.00 NO CHARGE statutes, regulations and Furgatch researched advisory opinions and BCB regulations of the FPPC concerning 1.50 $170.00 $255.00 definition of committee 8/31/1999 Researched enforcement provisions of Title BCB 0.70 $170.00 $119.00 9 BCB phone conference with FPPC 0.20 $170.00 $34.00 BCB draft complaint 2.00 $170.00 $340.00 BCB Examined sampler of client's voter guides 0.70 $170.00 NO CHARGE Established strategy for the drafting of the BCB 0.10 $170.00 $17.00 complaint Researched enforcement provisions of Title BCB 0.70 $170.00 NO CHARGE 9 BCB draft complaint 2.00 $170.00 NO CHARGE Established strategy for the drafting of the BCB 0.10 $170.00 NO CHARGE complaint BCB Examined sampler of client's voter guides 0.70 $170.00 $119.00 9/1/1999 BCB phone conference with Jan Carrol 0.20 $170.00 $34.00 9/9/1999 BCB Preparation of complaint 1.60 $170.00 NO CHARGE Conference with James R. Mason, III BCB 0.40 $170.00 NO CHARGE regarding legal issues Conference with James R. Mason, III BCB 0.20 $170.00 NO CHARGE regarding legal issues BCB Preparation of complaint 1.60 $170.00 $272.00 Conference with Chad Bungard regarding JRM 0.20 $230.00 $46.00 legal issues Conference with James R. Mason, III BCB 0.20 $170.00 $34.00 regarding legal issues 9/10/1999 BCB preparation of complaint 1.20 $170.00 NO CHARGE BCB preparation of complaint 0.10 $170.00 NO CHARGE BCB preparation of complaint 1.20 $170.00 $204.00 BCB preparation of complaint 0.10 $170.00 $17.00 9/15/1999 BCB prepared/drafted complaint 1.10 $170.00 NO CHARGE BCB prepared/drafted complaint 1.10 $170.00 $187.00 9/16/1999 BCB preparation of Furgatch complaint 1.70 $170.00 NO CHARGE BCB Outlined plan for count section of complaint 0.20 $170.00 $34.00 BCB preparation of Furgatch complaint 1.70 $170.00 $289.00 9/25/1999 JB conference with Brian Johnston 0.50 $385.00 $192.50 9/30/1999 JRM conference with B. Chad Bungard 0.10 $230.00 $23.00 BCB draft complaint 0.60 $170.00 NO CHARGE BCB draft / preparation of complaint 1.10 $170.00 NO CHARGE BCB Organize case file 0.50 $170.00 NO CHARGE conference with James R. Mason, III BCB 0.10 $170.00 NO CHARGE regarding case JRM conference with B. Chad Bungard 0.10 $230.00 NO CHARGE BCB draft complaint 0.60 $170.00 $102.00 conference with James R. Mason, III BCB regarding California's Independent 0.20 $170.00 NO CHARGE expenditure definition BCB draft / preparation of complaint 1.10 $170.00 $187.00 conference with James R. Mason, III BCB 0.10 $170.00 $17.00 regarding case 10/1/1999 BCB preparation of complaint 0.50 $170.00 $85.00 BCB preparation of complaint 0.50 $170.00 NO CHARGE 10/8/1999 researched Westlaw for relevent cases BCB 0.50 $170.00 NO CHARGE regarding "issue" and "express" advocacy conference with James R. Mason, III BCB 0.20 $170.00 NO CHARGE regarding "issue advocacy" review/researched several relevent cases BCB regarding "issue advocacy" and "express 2.70 $170.00 NO CHARGE advocacy" Conference with Chad Bungard regarding JRM 0.20 $230.00 NO CHARGE "issue advocacy" BCB preparation of complaint 0.70 $170.00 $119.00 conference with James Bopp, Jr. regarding BCB 0.10 $170.00 $17.00 strategy of complaint / memorandum JB conference with B. Chad Bungard 0.10 $385.00 $38.50 BCB preparation of complaint 0.70 $170.00 NO CHARGE conference with James Bopp, Jr. regarding BCB 0.10 $170.00 NO CHARGE strategy of complaint / memorandum JB conference with B. Chad Bungard 0.10 $385.00 NO CHARGE 10/11/1999 conference with James R. Mason, III BCB regarding California's strategy consequences 0.50 $170.00 $85.00 of prohibiting speech Outlined section of argument for complaint / BCB 0.30 $170.00 $51.00 memorandum conference with B. Chad Bungard regarding JRM 0.50 $230.00 $115.00 "prohibition" and Can II Outlined section of argument for complaint / BCB 0.30 $170.00 NO CHARGE memorandum 10/12/1999 BCB preparation of complaint 0.20 $170.00 $34.00 BCB preparation of complaint 0.20 $170.00 NO CHARGE 10/20/1999 drafted argument for preliminary injunction BCB 0.70 $170.00 $119.00 brief/ complaint drafted argument for preliminary injunction BCB 0.70 $170.00 NO CHARGE brief / complaint 10/21/1999 conference with B. Chad Bungard regarding JRM 0.10 $230.00 $23.00 complaint draft complaint and preparation of BCB 1.10 $170.00 $187.00 preliminary injunction brief conference with B. Chad Bungard regarding JRM 0.10 $230.00 NO CHARGE complaint BCB research State decisions 0.10 $170.00 NO CHARGE BCB research State decisions 0.10 $170.00 $17.00 draft complaint and preparation of BCB 1.30 $170.00 $221.00 preliminary injunction brief draft complaint and preparation of BCB 1.30 $170.00 NO CHARGE preliminary injunction brief draft complaint and preparation of BCB 1.10 $170.00 NO CHARGE preliminary injunction brief Conference with James R. Mason, III BCB 0.20 $170.00 $34.00 regarding complaint 10/24/1999 BCB draft complaint 0.60 $170.00 $102.00 BCB draft complaint 0.60 $170.00 NO CHARGE 10/25/1999 BCB review and revise complaint 1.60 $170.00 $272.00 BCB reviewed local rules 0.20 $170.00 NO CHARGE BCB review and revise complaint 0.20 $170.00 $34.00 BCB review and revise complaint 0.20 $170.00 NO CHARGE BCB review and revise complaint 1.60 $170.00 NO CHARGE 10/26/1999 BCB research and review case law 0.60 $170.00 $102.00 BCB Organized Furgatch file 0.20 $170.00 NO CHARGE BCB research and review case law 0.60 $170.00 NO CHARGE 11/1/1999 BCB legal research regarding revenue 0.20 $170.00 $34.00 12/15/1999 BCB draft complaint 0.70 $170.00 $119.00 BCB draft complaint 0.70 $170.00 NO CHARGE 12/16/1999 conference with B. Chad Bungard regarding JRM 0.10 $230.00 NO CHARGE complaint conference with James R. Mason, III BCB regarding independent expenditure 0.30 $170.00 NO CHARGE definition and administrative code conference with B. Chad Bungard regarding JRM 0.10 $230.00 NO CHARGE complaint BCB draft complaint 1.50 $170.00 $255.00 BCB conference with James R. Mason, III (3x) 0.50 $170.00 NO CHARGE BCB draft complaint 2.10 $170.00 $357.00 conference with B. Chad Bungard regarding JRM independent expenditure definition and 0.30 $230.00 NO CHARGE administrative code conference with B. Chad Bungard regarding JRM 0.10 $230.00 NO CHARGE complaint BCB draft complaint 1.50 $170.00 NO CHARGE BCB draft complaint 2.10 $170.00 NO CHARGE 12/17/1999 conference with B. Chad Bungard regarding JRM 0.20 $230.00 $46.00 advisory opinions JRM review section of complaint 0.20 $230.00 $46.00 BCB conference with James R. Mason, III 0.50 $170.00 $85.00 BCB draft complaint 4.00 $170.00 $680.00 BCB phone conference with APT 0.20 $170.00 $34.00 BCB conference with James R. Mason, III 0.10 $170.00 NO CHARGE conference with B. Chad Bungard regarding JRM 0.20 $230.00 NO CHARGE advisory opinions BCB draft complaint 4.00 $170.00 NO CHARGE JRM review section of complaint 0.20 $230.00 NO CHARGE 12/17/1999 conference with James R. Mason, III BCB 0.50 $170.00 $85.00 regarding Furgatch advisory opinions review advisory opinions in preparation for BCB 0.30 $170.00 $51.00 preliminary injunction brief BCB draft complaint 0.20 $170.00 NO CHARGE BCB research and reviewed advisory opinions 1.20 $170.00 NO CHARGE conference with James R. Mason, III BCB 0.50 $170.00 NO CHARGE regarding Furgatch advisory opinions review advisory opinions in preparation for BCB 0.30 $170.00 NO CHARGE preliminary injunction brief Conference with Chad Bungard regarding JRM 0.50 $230.00 NO CHARGE Furgatch advisory opinions conference with James R. Mason, III BCB 0.10 $170.00 NO CHARGE regarding complaint conference with James R. Mason, III BCB 0.10 $170.00 $17.00 regarding complaint 12/20/1999 BCB research and reviewed advisory opinions 1.20 $170.00 $204.00 Conference with Chad Bungard regarding JRM 0.10 $230.00 $23.00 complaint BCB draft complaint 0.80 $170.00 $136.00 BCB draft complaint 0.20 $170.00 $34.00 BCB draft complaint 0.80 $170.00 NO CHARGE 12/21/1999 BCB Review advisory opinions 0.20 $170.00 NO CHARGE JRM conference with B. Chad Bungard 0.20 $230.00 $46.00 reviewed cases in preparation for BCB 0.10 $170.00 NO CHARGE preliminary injunction brief BCB conference with James R. Mason, III 0.10 $170.00 NO CHARGE BCB Review advisory opinions 0.20 $170.00 $34.00 BCB draft vagueness counts for complaint 0.50 $170.00 NO CHARGE conference with B. Chad Bungard regarding RSM 0.20 $170.00 $34.00 9th Circuit preliminary injunction standard BCB Conference with James R. Mason, III 0.10 $170.00 $17.00 BCB draft vagueness counts for complaint 0.50 $170.00 NO CHARGE reviewed cases in preparation for BCB 0.10 $170.00 $17.00 preliminary injunction brief BCB draft preliminary injunction brief 1.30 $170.00 NO CHARGE JRM conference with B. Chad Bungard 0.10 $230.00 NO CHARGE BCB review local rules 0.20 $170.00 NO CHARGE BCB Conference with James R. Mason, III 0.10 $170.00 NO CHARGE BCB conference with James R. Mason, III 0.20 $170.00 $34.00 BCB draft preliminary injunction brief 1.30 $170.00 $221.00 conference with Raeanna S. Moore BCB regarding 9th Circuit preliminary injunction 0.20 $170.00 $34.00 standard 12/22/1999 BCB draft preliminary injunction brief 4.50 $170.00 NO CHARGE BCB draft preliminary injunction brief 4.50 $170.00 $765.00 12/23/1999 BCB draft preliminary injunction brief 3.50 $170.00 $595.00 conference with B. Chad Bungard regarding JRM 0.10 $230.00 $23.00 advisory opinions BCB draft preliminary injunction brief 3.50 $170.00 NO CHARGE BCB research advisory opinions 0.10 $170.00 NO CHARGE conference with B. Chad Bungard regarding JRM 0.10 $230.00 NO CHARGE advisory opinion's BCB research advisory opinions 0.10 $170.00 $17.00 Conference with James R. Mason III BCB 0.10 $170.00 $17.00 regarding advisory opinions 12/28/1999 BCB draft preliminary injunction brief 0.60 $170.00 NO CHARGE BCB draft preliminary injunction brief 0.60 $170.00 $102.00 12/29/1999 BCB preparation of brief 1.50 $170.00 NO CHARGE BCB preparation of brief 1.50 $170.00 $255.00 1/6/2000 BCB review VSHL order/opinion 0.20 $170.00 NO CHARGE 1/17/2000 phone conference with Allison Hayward JB 0.20 $385.00 $77.00 regarding being local counsel 1/18/2000 JB phone conference with Allison Hayward 0.20 $385.00 $77.00 1/24/2000 BCB drafted brief 0.20 $170.00 $34.00 BCB drafted brief 0.80 $170.00 NO CHARGE BCB drafted brief 0.20 $170.00 NO CHARGE BCB draft brief 0.30 $170.00 NO CHARGE BCB draftbrief 0.30 $170.00 $51.00 E-mail letter to Allison Haywood — copy of BCB 0.20 $170.00 $34.00 draft BCB drafted brief 0.80 $170.00 $136.00 1/25/2000 conference with James Bopp, Jr. regarding BCB 0.10 $170.00 NO CHARGE Furgatch Conference with Chad Bungard regarding JB 0.10 $385.00 $38.50 Furgatch JB phone conference with Allison Hayward 0.20 $385.00 $77.00 conference with James Bopp, Jr. regarding BCB 0.10 $170.00 $17.00 Furgatch JB review e-mail 0.20 $385.00 NO CHARGE 1/26/2000 BCB drafted brief 3.80 $170.00 $646.00 BCB drafted brief 3.80 $170.00 NO CHARGE 1/27/2000 BCB drafted brief 0.50 $170.00 NO CHARGE BCB drafted brief 0.70 $170.00 NO CHARGE BCB drafted brief 0.70 $170.00 $119.00 BCB drafted brief 0.50 $170.00 NO CHARGE BCB drafted brief 0.50 $170.00 $85.00 edit Plaintiffs memorandum in support of RSM 0.10 $230.00 $23.00 preliminary injunction review Plaintiff's memorandum in support of preliminary injunction section on RSM 0.20 $230.00 $46.00 advisory opinions; conference with B. Chad Bungard regarding same BCB preparation of brief 0.10 $170.00 $17.00 RSM Conference with B. Chad Bungard 0.10 $230.00 $23.00 review advisory opinions; conference with RSM 0.20 $230.00 $46.00 B. Chad Bungard regarding same Conference with Raeanna S. Moore (3x) BCB 0.30 $170.00 $51.00 regarding Preliminary Injunction memo edit Plaintiff's memorandum in support of RSM 0.10 $230.00 NO CHARGE preliminary injunction review advisory opinions; conference with RSM 0.20 $230.00 NO CHARGE B. Chad Bungard regarding same review Plaintiff's memorandum in support of preliminary injunction section on RSM 0.10 $230.00 NO CHARGE advisory opinions; conference with B. Chad Bungard regarding same BCB preparation of brief 0.10 $170.00 NO CHARGE BCB drafted brief 0.50 $170.00 $85.00 1/28/2000 review and revise subargument 2 in brief; RSM conference with B. Chad Bungard regarding 0.20 $230.00 NO CHARGE same BCB drafted brief 1.50 $170.00 $255.00 review and revise subargument 3 in brief; RSM conference with B. Chad Bungard regarding 0.20 $230.00 NO CHARGE same BCB drafted brief 1.50 $170.00 NO CHARGE BCB drafted brief 0.30 $170.00 $51.00 BCB drafted brief 2.80 $170.00 $476.00 BCB drafted brief 0.30 $170.00 NO CHARGE BCB drafted brief 2.80 $170.00 NO CHARGE Conference with Raeanna S. Moore (2x) BCB 0.20 $170.00 NO CHARGE regarding Preliminary Injunction memo 1/31/2000 BCB drafted brief 0.10 $170.00 $17.00 BCB drafted brief 0.50 $170.00 $85.00 BCB drafted brief 0.10 $170.00 NO CHARGE BCB drafted brief 0.50 $170.00 NO CHARGE 2/3/2000 BCB draft brief 1.10 $170.00 $187.00 BCB draft brief 1.10 $170.00 NO CHARGE 2/7/2000 BCB preparation of brief 1.10 $170.00 $187.00 BCB preparation of brief 1.10 $170.00 NO CHARGE 2/14/2000 JB phone conference with Allison Hayward 0.20 $385.00 $77.00 JB review e-mail from Allison Hayward 0.20 $385.00 $77.00 2/29/2000 BCB preparation of brief 0.80 $170.00 $136.00 BCB preparation of brief 0.80 $170.00 NO CHARGE 3/1/2000 BCB preparation of brief, including research 3.60 $170.00 $612.00 BCB preparation of brief, including research 3.60 $170.00 NO CHARGE 3/2/2000 BCB conference with James Bopp, Jr. 0.10 $170.00 NO CHARGE BCB preparation of brief 1.60 $170.00 $272.00 BCB conference with James Bopp, Jr. 0.10 $170.00 $17.00 JB phone conference with Alison Hay ward 0.20 $385.00 $77.00 BCB preparation of brief 1.60 $170.00 NO CHARGE review statute; conference with B. Chad JB 0.50 $385.00 $192.50 Bungard regarding same phone conference with Chuck Bell and JB 0.50 $385.00 $192.50 Alison Hayward 3/3/2000 BCB draft brief 1.50 $170.00 NO CHARGE legal research on WestLaw regarding BCB 1.00 $170.00 NO CHARGE advisory opinions BCB read and reviewed advisory opinions 0.30 $170.00 NO CHARGE BCB draft brief 1.50 $170.00 $255.00 legal research on WestLaw regarding BCB 1.00 $170.00 $170.00 advisory opinions Conference with Raeanna S. Moore BCB 0.20 $170.00 NO CHARGE regarding ballot measure argument BCB read and reviewed advisory opinions 0.30 $170.00 $51.00 conference with B. Chad Bungard regarding RSM 0.20 $230.00 NO CHARGE ballot measure argument JRM Conference with Chad Bungard 0.20 $230.00 NO CHARGE JB Conference with Chad Bungard 0.20 $385.00 $77.00 BCB phone conference with Jan Carroll 0.20 $170.00 $34.00 BCB conference with James R. Mason, III 0.20 $170.00 NO CHARGE BCB conference with James Bopp, Jr. 0.20 $170.00 $34.00 BCB phone conference with Jan Carroll 0.20 $170.00 NO CHARGE 3/6/2000 conference with B. Chad Bungard regarding JRM 0.20 $230.00 $46.00 regulation BCB preparation of brief 2.70 $170.00 $459.00 BCB researched regulations 0.70 $170.00 $119.00 BCB preparation of brief 2.70 $170.00 NO CHARGE BCB researched regulations 0.70 $170.00 NO CHARGE JB Conference with Chad Bungard 0.20 $385.00 $77.00 RSM review recipient committee argument 0.20 $230.00 $46.00 BCB conference with James Bopp, Jr. 0.20 $170.00 $34.00 BCB conference with James R. Mason, III (2x) 0.40 $170.00 $68.00 conference with B. Chad Bungard regarding JRM 0.20 $230.00 $46.00 political committee definition 3/7/2000 BCB preparation of brief 3.30 $170.00 $561.00 BCB research regarding ballot measures 2.00 $170.00 NO CHARGE BCB preparation of brief 3.30 $170.00 NO CHARGE 3/8/2000 Conference with Raeanna S. Moore BCB 0.20 $170.00 NO CHARGE regarding issue advocacy Conference with Raeanna S. Moore BCB regarding theory of case and how Voile fits 0.20 $170.00 $34.00 in Conference with James R. Mason, III BCB 0.20 $170.00 $34.00 regarding major purpose test BCB preparation of brief 4.10 $170.00 NO CHARGE BCB preparation of brief 4.10 $170.00 $697.00 phone conference with Chuck Bell and JB 0.50 $385.00 $192.50 Allison Hayward conference with B. Chad Bungard regarding JRM 0.20 $230.00 $46.00 major purpose test review and revise issue advocacy RSM discussion; conference with B. Chad 0.50 $230.00 NO CHARGE Bungard regarding same conference with B. Chad Bungard regarding RSM 0.10 $230.00 NO CHARGE theory of case and how Voile fits in conference with B. Chad Bungard regarding RSM 0.20 $230.00 $46.00 theory of case and how Voile fits in 3/9/2000 BCB preparation of brief 3.00 $170.00 NO CHARGE conference with B. Chad Bungard regarding JRM 0.30 $230.00 NO CHARGE preliminary injunction brief BCB preparation of brief 3.00 $170.00 $510.00 BCB review local rules 0.70 $170.00 NO CHARGE BCB phone conference with B. Johnston 0.20 $170.00 $34.00 conference with B. Chad Bungard regarding JRM 0.30 $230.00 $69.00 preliminary injunction brief Conference with James R. Mason, III BCB 0.30 $170.00 $51.00 regarding preliminary injunction brief 3/10/2000 BCB preparation of brief 4.00 $170.00 NO CHARGE conference with B. Chad Bungard regarding JRM 0.20 $230.00 NO CHARGE preliminary injunction brief BCB preparation of brief 4.00 $170.00 $680.00 conference with B. Chad Bungard regarding JRM 0.20 $230.00 $46.00 preliminary injunction brief Conference with James R. Mason, III BCB 0.20 $170.00 $34.00 regarding preliminary injunction brief 3/13/2000 BCB review and revise brief 2.10 $170.00 NO CHARGE review memorandum regarding Supreme BCB 0.10 $170.00 NO CHARGE Court case BCB review and revise brief 2.10 $170.00 $357.00 review memorandum regarding Supreme BCB 0.10 $170.00 $17.00 Court case 3/20/2000 read Colorado case regarding ballot BCB 0.50 $170.00 $85.00 measures draft thorough letter to client explaining BCB enforcement consequences if a pre- 5.00 $170.00 $850.00 enforcement challenge isn't made BCB review and revise complaint 0.20 $170.00 $34.00 read Colorado case regarding ballot BCB 0.50 $170.00 NO CHARGE measures BCB review and revise complaint 0.20 $170.00 NO CHARGE 3/21/2000 BCB review and revise brief 0.70 $170.00 $119.00 Conference with Chad Bungard regarding JRM 0.10 $230.00 $23.00 complaint BCB review and revise brief 0.70 $170.00 NO CHARGE BCB review and revise brief 0.20 $170.00 $34.00 BCB draft complaint 2.70 $170.00 $459.00 conference with James R. Mason, III BCB 0.10 $170.00 $17.00 regarding complaint BCB review and revise brief 0.20 $170.00 NO CHARGE BCB draft complaint 0.20 $170.00 $34.00 conference with James R. Mason, III BCB 0.10 $170.00 NO CHARGE regarding complaint BCB draft complaint 0.20 $170.00 NO CHARGE BCB draft complaint 2.70 $170.00 NO CHARGE 3/22/2000 Conference with James R. Mason, III BCB 0.10 $170.00 $17.00 regarding complaint BCB draft complaint 0.70 $170.00 $119.00 BCB draft complaint 2.30 $170.00 $391.00 JRM edit portion of complaint 0.20 $230.00 $46.00 conference with B. Chad Bungard regarding JRM 0.10 $230.00 $23.00 complaint BCB draft complaint 0.70 $170.00 NO CHARGE JRM edit portion of complaint 0.20 $230.00 NO CHARGE conference with B. Chad Bungard regarding JRM 0.10 $230.00 NO CHARGE complaint BCB draft complaint 2.30 $170.00 NO CHARGE 3/23/2000 conference with B. Chad Bungard regarding JRM 0.10 $230.00 NO CHARGE preliminary injunction brief BCB draft complaint 0.50 $170.00 NO CHARGE BCB revision of complaint 0.80 $170.00 NO CHARGE BCB revision of complaint 1.00 $170.00 NO CHARGE conference with B. Chad Bungard regarding JRM 0.10 $230.00 $23.00 preliminary injunction brief BCB draft complaint 0.50 $170.00 $85.00 Conference with James R. Mason, III BCB 0.10 $170.00 $17.00 regarding preliminary injunction brief BCB revision of complaint 0.50 $170.00 NO CHARGE BCB revision of complaint 0.80 $170.00 $136.00 BCB revision of complaint 1.00 $170.00 $170.00 BCB revision of complaint 0.50 $170.00 $85.00 3/24/2000 BCB review and revise brief and complaint 3.70 $170.00 $629.00 BCB review and revise brief and complaint 3.70 $170.00 NO CHARGE 3/27/2000 BCB draft motion for preliminary injunction 1.20 $170.00 $204.00 BCB organize file 0.20 $170.00 NO CHARGE BCB review correspondence from Hayward 0.20 $170.00 $34.00 BCB read local rules and take notes 1.50 $170.00 $255.00 BCB draft motion for class action 0.50 $170.00 $85.00 BCB draft class action brief 0.70 $170.00 $119.00 BCB research for class action brief 0.20 $170.00 $34.00 BCB draft motion for preliminary injunction 0.50 $170.00 $85.00 3/29/2000 JB Conference with Chad Bungard 0.20 $385.00 $77.00 BCB phone conference with James Bopp, Jr. 0.20 $170.00 $34.00 phone conference with local counsel — BCB 0.20 $170.00 $34.00 secure his services phone conference with local counsel — Jim BCB 0.20 $170.00 NO CHARGE Sweeney 3/31/2000 BCB phone conference with Ross 0.20 $170.00 $34.00 4/10/2000 BCB Conference with James Bopp, Jr. 0.20 $170.00 $34.00 JB conference with B. Chad Bungard 0.20 $385.00 $77.00 4/11/2000 BCB phone conference with Ross Bradder 0.20 $170.00 $34.00 4/17/2000 phone conference with CPLC Executive BCB 0.20 $170.00 $34.00 Director 4/18/2000 BCB revision of complaint 0.60 $170.00 NO CHARGE BCB e-mail letter to Jim Sweeney, local counsel 0.20 $170.00 $34.00 legal research on WestLaw for BM's and BCB 1.00 $170.00 NO CHARGE independent expenditures, etc. BCB review and revise brief 0.70 $170.00 $119.00 BCB draft brief 0.10 $170.00 $17.00 BCB review and revise complaint 0.20 $170.00 $34.00 BCB draft preliminary injunction brief 0.80 $170.00 NO CHARGE BCB revision of complaint 0.20 $170.00 $34.00 BCB revision of complaint 0.30 $170.00 $51.00 BCB revision of complaint 0.30 $170.00 NO CHARGE BCB phone conference with Brian Johnston 0.20 $170.00 $34.00 BCB revision of complaint 0.60 $170.00 $102.00 BCB fax letter to B. Johnston 0.20 $170.00 $34.00 BCB draft preliminary injunction brief 0.80 $170.00 $136.00 BCB review and revise brief 0.70 $170.00 NO CHARGE BCB draft brief 0.10 $170.00 NO CHARGE BCB review and revise complaint 0.20 $170.00 NO CHARGE BCB revision of complaint 0.20 $170.00 NO CHARGE research website to sue correct office BCB 0.20 $170.00 $34.00 holders 4/19/2000 BCB revision of brief 0.70 $170.00 NO CHARGE BCB revision of brief 0.20 $170.00 NO CHARGE BCB draft preliminary injunction brief 1.10 $170.00 NO CHARGE BCB draft preliminary injunction brief 0.20 $170.00 NO CHARGE BCB revision of brief 0.70 $170.00 $119.00 BCB revision of brief 0.20 $170.00 $34.00 BCB draft preliminary injunction brief 1.10 $170.00 $187.00 BCB draft preliminary injunction brief 0.20 $170.00 $34.00 JB phone conference with Brian Johnston 0.50 $385.00 $192.50 4/20/2000 BCB draft table of authorities 2.50 $170.00 NO CHARGE BCB review and revise brief 0.60 $170.00 NO CHARGE BCB review and revise brief 0.60 $170.00 NO CHARGE BCB review and revise brief 0.60 $170.00 $102.00 BCB review and revise brief 0.60 $170.00 $102.00 BCB draft table of contents 0.70 $170.00 $119.00 BCB draft table of authorities 0.70 $170.00 NO CHARGE BCB draft table of authorities 0.50 $170.00 NO CHARGE 4/21/2000 BCB draft table of authorities 0.70 $170.00 NO CHARGE BCB draft motion for class action 0.20 $170.00 $34.00 BCB draft preliminary injunction motion 0.50 $170.00 $85.00 BCB draft preliminary injunction order 0.50 $170.00 $85.00 BCB draft motion to consolidate 0.70 $170.00 $119.00 BCB review and revise all documents for filing 2.00 $170.00 $340.00 review and revise complaint, preliminary injunction motion and brief; motion to RSM 2.60 $230.00 $598.00 consolidate; motion for class certiorari and brief BCB review and revise all documents for filing 2.00 $170.00 NO CHARGE BCB draft class action brief 0.20 $170.00 $34.00 review and revise complaint, preliminary injunction motion and brief; motion to RSM 2.60 $230.00 NO CHARGE consolidate; motion for class certiorari and brief 4/24/2000 BCB organize file 0.20 $170.00 NO CHARGE 4/27/2000 conference with James Bopp, Jr. regarding BCB 0.20 $170.00 $34.00 major purpose test conference with B. Chad Bungard regarding JB 0.10 $385.00 NO CHARGE revisions in complaint BCB review James Bopp, Jr.'s revisions 0.10 $170.00 $17.00 BCB review James Bopp, Jr.'s revisions 0.10 $170.00 NO CHARGE review draft complaint; preliminary JB 0.70 $385.00 $269.50 injunction and other motions conference with B. Chad Bungard regarding JB 0.10 $385.00 $38.50 revisions in complaint review draft complaint; preliminary JB 0.70 $385.00 NO CHARGE injunction and other motions 5/5/2000 JB phone conference with Brian Johnston 0.50 $385.00 $192.50 5/16/2000 BCB draft letter to Jim Sweeney 0.20 $170.00 $34.00 5/17/2000 BCB phone conference with J. Sweeney 0.20 $170.00 $34.00 6/27/2000 JB conference with B. Johnston 0.20 $385.00 $77.00 6/28/2000 BCB Conference with James Bopp, Jr. 0.20 $170.00 $34.00 JB phone conference with B. Chad Bungard 0.20 $385.00 $77.00 6/30/2000 read recent Supreme Court case regarding BCB 0.20 $170.00 NO CHARGE "association" review and revise preliminary injunction BCB 0.10 $170.00 NO CHARGE brief review and revise preliminary injunction BCB 0.10 $170.00 $17.00 brief BCB review and revise major purpose argument 0.20 $170.00 $34.00 7/5/2000 prepare pro hac vice application for James BCB 0.20 $170.00 $34.00 Bopp, Jr. BCB review and revise brief 0.80 $170.00 NO CHARGE BCB review and revise brief 1.00 $170.00 NO CHARGE BCB review and revise brief 0.80 $170.00 $136.00 BCB phone conference with B. Johnston 0.20 $170.00 $34.00 BCB phone conference with B. Johnston 0.20 $170.00 NO CHARGE BCB phone conference with Jan Carrol 0.20 $170.00 $34.00 BCB review and revise brief 1.00 $170.00 $170.00 prepare pro hac vice application for B. Chad BCB 0.20 $170.00 $34.00 Bungard 7/6/2000 BCB draft motion for oral argument 0.50 $170.00 $85.00 review and revise pleadings (pro hac vice, BCB consolidated motion, class motion, class 0.70 $170.00 $119.00 brief) review and revise complaint and BCB 1.20 $170.00 NO CHARGE memorandum review and revise complaint and BCB 1.20 $170.00 $204.00 memorandum 7/8/2000 review draft complaint; motion for JB 1.00 $385.00 NO CHARGE preliminary injunction and brief review draft complaint; motion for JB 1.00 $385.00 $385.00 preliminary injunction and brief 7/10/2000 conference with James Bopp, Jr. regarding BCB 0.10 $170.00 NO CHARGE review and revise of brief review and revise brief, finish table of BCB 1.50 $170.00 NO CHARGE contents review and revise pleadings; prepare all BCB 2.30 $170.00 NO CHARGE documents for filing conference with James Bopp, Jr. regarding BCB 0.10 $170.00 $17.00 review and revise of brief review and revise brief, finish table of BCB 1.50 $170.00 $255.00 contents review and revise pleadings; prepare all BCB 2.30 $170.00 $391.00 documents for filing BCB phone conference with Sweeney 0.20 $170.00 $34.00 BCB draft letter to Sweeney 0.20 $170.00 $34.00 JB phone conference with B. Chad Bungard 0.20 $385.00 $77.00 7/11/2000 BCB revise and edit brief and complaint 1.30 $170.00 NO CHARGE phone conference with B. Chad Bungard JB 0.10 $385.00 NO CHARGE regarding revision in complaint phone conference with B. Johnston and BCB 0.50 $170.00 $85.00 Mike Spence BCB revise and edit brief and complaint 1.30 $170.00 $221.00 phone conference with B. Chad Bungard JB 0.10 $385.00 $38.50 regarding revision in complaint BCB phone conference with James Bopp, Jr. 0.20 $170.00 $34.00 7/12/2000 review and revise and edit pleadings BCB 0.20 $170.00 $34.00 regarding irreparable harm 7/13/2000 review and revise and edit preliminary BCB injunction brief and complaint regarding 1.00 $170.00 $170.00 irreparable harm 7/17/2000 BCB Conference with James Bopp, Jr. 0.20 $170.00 $34.00 BCB review and revise, and edit pleadings 0.50 $170.00 NO CHARGE JB review revision of memorandum 0.10 $385.00 $38.50 JB conference with B. Chad Bungard 0.20 $385.00 $77.00 JB review revision of memorandum 0.10 $385.00 NO CHARGE BCB review and revise, and edit pleadings 1.60 $170.00 NO CHARGE BCB review and revise, and edit pleadings 1.60 $170.00 $272.00 BCB review and revise, and edit pleadings 0.50 $170.00 $85.00 phone call to J. Sweeney, left voice mail BCB 0.20 $170.00 $34.00 message 7/31/2000 BCB phone conference with Sweeney 0.20 $170.00 $34.00 8/1/2000 BCB Conference with James Bopp, Jr. 0.20 $170.00 $34.00 JB phone conference with B. Chad Bungard 0.20 $385.00 $77.00 8/4/2000 BCB review voice mail from J. Sweeney 0.20 $170.00 NO CHARGE BCB phone conference with J. Sweeney 0.20 $170.00 $34.00 8/8/2000 Phone call to B Johnston, left voice mail BCB 0.20 $170.00 $34.00 message Conference with Chad Bungard regarding RSM 0.20 $230.00 NO CHARGE standing Conference with Chad Bungard regarding JRM 0.30 $230.00 $69.00 standing (Thomas case) conference with Raeanna S. Moore BCB 0.20 $170.00 NO CHARGE regarding standing BCB read 9th Circuit Thomas case on standing 1.00 $170.00 $170.00 conference with James R. Mason, III BCB 0.50 $170.00 $85.00 regarding standing (Thomas case) organize plan for preliminary injunction BCB 0.50 $170.00 $85.00 brief and complaint regarding standing 8/9/2000 phone conference with Susan regarding BCB 0.20 $170.00 $34.00 filing, Judge, case #, etc. 8/10/2000 BCB phone conference with J. Sweeney 0.20 $170.00 $34.00 8/11/2000 BCB phone conference with B. Johnston 0.20 $170.00 $34.00 8/14/2000 conference with B. Chad Bungard regarding JB 0.20 $385.00 $77.00 affidavit RSM review supplemental affidavit 0.20 $230.00 $46.00 phone conference with J. Sweeney BCB 0.20 $170.00 $34.00 regarding time extension draft letter to J. Sweeney regarding costs BCB 0.20 $170.00 NO CHARGE (administration) Conference with Chad Bungard regarding RSM 0.20 $230.00 $46.00 affidavit BCB draft affidavit 0.20 $170.00 $34.00 Conference with James Bopp, Jrregarding BCB 0.20 $170.00 $34.00 affidavit BCB phone conference with B. Johnston 0.20 $170.00 $34.00 BCB draft affidavit 0.70 $170.00 $119.00 phone conference with Kathy Niko BCB 0.20 $170.00 $34.00 regarding time extension (2x) BCB phone conference with B. Johnston 0.20 $170.00 NO CHARGE BCB draft affidavit 0.20 $170.00 $34.00 conference with Raeanna S. Moore BCB 0.20 $170.00 $34.00 regarding affidavit 8/15/2000 phone conference with J. Sweeney BCB 0.20 $170.00 NO CHARGE regarding press call phone conference with San Francisco Daily BCB 0.20 $170.00 NO CHARGE Journal fax letter and case to reporter at San BCB 0.20 $170.00 NO CHARGE Francisco Daily Journal mailed correspondence to J. Sweeney BCB 0.20 $170.00 NO CHARGE (administration) 8/16/2000 BCB phone conference with B. Johnston 0.20 $170.00 NO CHARGE phone conference with B. Johnston regarding affidavit and phone conference BCB 0.20 $170.00 $34.00 with Sweeney's Voice Mail regarding affidavit 8/17/2000 BCB phone conference with J. Sweeney 0.20 $170.00 $34.00 phone conference with Attorney General's BCB 0.20 $170.00 $34.00 Office phone conference with Jan Carroll regarding BCB 0.20 $170.00 $34.00 affidavit prepared affidavit for filing (Certificate of BCB 0.20 $170.00 NO CHARGE Service) 8/18/2000 phone conference with clerk's office BCB 0.20 $170.00 $34.00 regarding pro hac vice 8/21/2000 reviewed correspondance from city BCB 0.20 $170.00 NO CHARGE attorney's office 8/22/2000 Left message with Attorney General's voice BCB 0.20 $170.00 NO CHARGE mail and city attorney's office voice mail BCB draft motion to dismiss 0.70 $170.00 NO CHARGE phone conference with J. Sweeney and BCB phone conference with with Jan Carrol 0.20 $170.00 $34.00 (CPLC) BCB phone conference with Allison (FPPC) 0.20 $170.00 $34.00 phone conference with Richard Lovell (city BCB 0.20 $170.00 $34.00 attorneys office) phone conference with Attorney General's BCB 0.20 $170.00 $34.00 voice mail BCB phone conference with Robert E. Leidigh 0.20 $170.00 $34.00 BCB phone conference with Sweeney 0.20 $170.00 $34.00 BCB phone conference with clerks office 0.20 $170.00 $34.00 e-mail letter to J. Sweeney — review and BCB 0.20 $170.00 NO CHARGE revise and edit pleadings 8/23/2000 BCB review correspondence from local counsel 0.20 $170.00 $34.00 8/24/2000 BCB phone conference with J. Sweeney 0.20 $170.00 $34.00 Listen to voice mail from National Legal BCB 0.20 $170.00 NO CHARGE Services conference with B. Chad Bungard regarding JB 0.10 $385.00 $38.50 hearing on preliminary injunction reviewed correspondence from FPPC REC 0.20 $280.00 NO CHARGE regarding stip conference with B. Chad Bungard regarding JB 0.10 $385.00 NO CHARGE hearing on preliminary injunction BCB phone conference with Maureen 0.20 $170.00 NO CHARGE Conference with James Bopp, Jr. regarding BCB 0.10 $170.00 $17.00 Preliminary Injunction 8/29/2000 review correspondance from court, marked BCB important dates in calendar (hearing date; 0.20 $275.00 $55.00 status conference) phone conference with Sweeney regarding BCB 0.20 $275.00 $55.00 filings and service 8/30/2000 conference with B. Chad Bungard regarding RSM 0.20 $230.00 NO CHARGE due date of reply conference with Raeanna S. Moore BCB 0.20 $170.00 NO CHARGE regarding due date for reply BCB reviewed local rules 0.50 $170.00 NO CHARGE 9/6/2000 listened to Sac. City Attorneys Office voice BCB 0.20 $170.00 NO CHARGE message phone conference with Michelle Bach BCB 0.20 $170.00 $34.00 regarding time extension phone conference with Sweeney regarding BCB 0.20 $170.00 $34.00 service of minute order phone conference with Susan regarding BCB 0.20 $170.00 $34.00 service 9/7/2000 reviewed correspondence from Susan BCB 0.20 $170.00 $34.00 (Sweeney's office) 9/8/2000 BCB reviewed correspondence from Sweeny 0.20 $170.00 $34.00 9/11/2000 phone call to Susan Nichols, left voice mail BCB 0.20 $170.00 NO CHARGE message regarding service of documents phone conference with Susan regarding BCB extension and filing and service of 0.20 $170.00 NO CHARGE documents BCB review local rules 0.20 $170.00 NO CHARGE phone conference with Susan regarding foling and service of affidavit and notice of BCB 0.20 $170.00 NO CHARGE dismissal of city attorneys and extension to Defendants phone conference with fppc Deb Allison BCB 0.20 $170.00 $34.00 regarding extension 9/12/2000 phone conference with Susan (Sweeney's BCB 0.20 $170.00 NO CHARGE secretary) regarding filing phone conference with Susan regarding BCB 0.10 $170.00 NO CHARGE motion to dismiss phone conference with Susan regarding BCB 0.10 $170.00 $17.00 motion to dismiss 9/13/2000 BCB received and reviewed Defendant's brief 0.20 $170.00 NO CHARGE phone conference with Sweeney regarding BCB 0.20 $170.00 $34.00 12(b)(6) phone conference with Sweeney regarding BCB 0.20 $170.00 NO CHARGE 12(b)(6) and filing dates BCB received and reviewed Defendant's brief 0.20 $170.00 $34.00 9/14/2000 JB review State's motion to dismiss 0.50 $385.00 NO CHARGE JB review State's motion to dismiss 0.50 $385.00 $192.50 9/15/2000 phone conference with Sweeney and Susan BCB 0.10 $170.00 NO CHARGE regarding amended complaint phone conference with Sweeney and Susan BCB 0.10 $170.00 $17.00 regarding amended complaint 9/19/2000 BCB read motion to dismiss by Defendants 1.50 $170.00 $255.00 9/20/2000 BCB begin amending complaint 0.70 $170.00 NO CHARGE BCB reviewed local rules 0.20 $170.00 NO CHARGE conference with James R. Mason, III BCB 0.10 $170.00 $17.00 regarding standing computer assisted legal research: lexis BCB 0.30 $170.00 $51.00 regarding beefing up complaint for standing conference with B. Chad Bungard regarding JRM 0.20 $230.00 $46.00 amend complaint / standing prepared reply to Defendant's motion to BCB 1.50 $170.00 $255.00 dismiss — contemplated amending complaint phone conference with B. Johnson regarding BCB 0.10 $170.00 NO CHARGE amending complaint BCB amended complaint 1.10 $170.00 NO CHARGE conference with B. Chad Bungard regarding JB response to motion to dismiss and 0.50 $385.00 $192.50 probability of amended complaint conference with James Bopp, Jr. regarding BCB 0.10 $170.00 NO CHARGE amended complaint conference with James R. Mason, III BCB 0.10 $170.00 NO CHARGE regarding standing computer assisted legal research: lexis BCB 0.30 $170.00 NO CHARGE regarding beefing up complaint for standing conference with B. Chad Bungard regarding JRM 0.20 $230.00 NO CHARGE amend complaint / chill etc. conference with B. Chad Bungard regarding JB response to motion to dismiss and 0.20 $385.00 NO CHARGE probability of amended complaint BCB amended complaint 1.10 $170.00 $187.00 BCB begin amending complaint 0.70 $170.00 $119.00 phone conference with B. Johnson regarding BCB 0.10 $170.00 $17.00 amending complaint conference with James Bopp, Jr. regarding BCB 0.50 $170.00 $85.00 amended complaint conference with James R. Mason, III BCB 0.10 $170.00 $17.00 regarding amended complaint 9/21/2000 reviewed Defendant's motion to dismiss for BCB review and revise and edit of amended 0.80 $170.00 $136.00 complaint BCB review caselaw 0.10 $170.00 $17.00 BCB review and revise and edit complaint 0.20 $170.00 NO CHARGE phone conference with B. Johnson regarding BCB 0.10 $170.00 $17.00 voter guides and amended complaint phone conference with Sylvest regarding BCB 0.10 $170.00 $17.00 future voter guides review and revise and edit amended BCB 1.20 $170.00 $204.00 complaint computer assisted legal research of standing BCB 0.20 $170.00 $34.00 cases in the 9th Circuit reviewed Defendant's motion to dismiss for BCB review and revise and edit of amended 0.80 $170.00 NO CHARGE complaint BCB review caselaw 0.10 $170.00 NO CHARGE BCB review and revise and edit complaint 0.10 $170.00 $17.00 phone conference with B. Johnson regarding BCB 0.10 $170.00 NO CHARGE voter guides and amended complaint phone conference with Sylvest regarding BCB 0.10 $170.00 NO CHARGE future voter guides review and revise and edit amended BCB 1.20 $170.00 NO CHARGE complaint 9/22/2000 review and revise and edit of amended BCB 0.60 $170.00 $102.00 complaint review and revise and edit of amended BCB 0.60 $170.00 NO CHARGE complaint 9/25/2000 BCB research 9th Circuit standing cases 2.00 $170.00 NO CHARGE JRM review amended complaint 0.50 $230.00 NO CHARGE conference with B. Chad Bungard regarding JRM 0.20 $230.00 $46.00 revisions to amended complaint (x2) conference with B. Chad Bungard regarding JRM new allegations — ballot measure and voter 0.20 $230.00 NO CHARGE guides review and revise and edit amended BCB 1.00 $170.00 NO CHARGE complaint conference with B. Chad Bungard regarding JRM 0.20 $230.00 NO CHARGE revisions to amended complaint (x2) review and revise and edit correspondence BCB 0.20 $170.00 $34.00 from defendant review and revise and edit amended BCB 0.50 $170.00 NO CHARGE complaint Conference with James R. Mason, III BCB regarding new allegations-ballot measure 0.20 $170.00 NO CHARGE and voter guides review and revise and edit amended BCB 1.00 $170.00 $170.00 complaint BCB read 9th Circuit standing cases 1.50 $170.00 $255.00 BCB phone conference with B. Johnson 0.20 $170.00 $34.00 BCB phone conference with Mike Spence 0.20 $170.00 $34.00 conference with James R. Mason, III BCB 0.20 $170.00 $34.00 regarding standing / complaint (2x) 9/26/2000 BCB E-mail letter to B. Johnston and draft 0.20 $170.00 $34.00 BCB review standing cases 1.50 $170.00 $255.00 BCB draft letter to Sweeney regarding filing 0.20 $170.00 NO CHARGE phone conference with Susan regarding BCB 0.20 $170.00 NO CHARGE filing review and revise and edit amended BCB 1.10 $170.00 NO CHARGE complaint review and revise and edit amended BCB complaint regarding James Bopp, Jr. 0.20 $170.00 NO CHARGE changes review part of amended complaint for B. JRM 0.10 $230.00 NO CHARGE Chad Bungard review and revise and edit amended BCB 1.10 $170.00 $187.00 complaint JB review draft of amended complaint 0.20 $385.00 NO CHARGE phone conference with Mike Spece BCB 0.20 $170.00 $34.00 regarding voter guides BCB phone conference with B. Johnston 0.20 $170.00 $34.00 review and revise and edit amended BCB complaint regarding James Bopp, Jr. 0.20 $170.00 $34.00 changes Conference with James R. Mason III, BCB 0.20 $170.00 NO CHARGE regarding amended complaint BCB prepare documents for filing 0.50 $170.00 NO CHARGE review part of amended complaint for B. JRM 0.10 $230.00 $23.00 Chad Bungard conference with B. Chad Bungard regarding JRM 0.20 $230.00 NO CHARGE amended complaint phone conference with Sweeney regarding BCB 0.20 $170.00 NO CHARGE filing JB review draft of amended complaint 0.20 $385.00 $77.00 9/27/2000 phone conference with Susan regarding BCB 0.20 $170.00 $34.00 filing requirements listen to voice mail from Susan regarding BCB 0.20 $170.00 NO CHARGE filing phone conference with Susan regarding BCB 0.20 $170.00 NO CHARGE filing BCB organize file 0.70 $170.00 NO CHARGE 9/28/2000 prepare reply to defendant's exhibit parte BCB 1.20 $170.00 $204.00 application conference with B. Chad Bungard regarding JB 0.20 $385.00 $77.00 response phone conference with Sweeney regarding BCB defendant's correspondence (extend hearing 0.20 $170.00 NO CHARGE date) BCB review correspondence from defendants 0.20 $170.00 $34.00 phone conference with Pete Southworth BCB 0.20 $170.00 $34.00 regarding extension JB review letters from defendant 0.20 $385.00 $77.00 conference with James Bopp, Jr. regarding BCB 0.20 $170.00 $34.00 extension phone conference with P. Southworth BCB 0.20 $170.00 $34.00 regarding extension of time reviewed 12(b) Federal Rules of Civil BCB 0.20 $170.00 $34.00 Procedure Conference with Chad Bungard regarding JB 0.20 $385.00 $77.00 defendant's exhibit parte application conference with James Bopp, Jr. regarding BCB 0.20 $170.00 $34.00 defendant's exhibit parte application 9/29/2000 draft response to defendant's application to BCB 2.70 $170.00 $459.00 continue conference with James R. Mason, III BCB regarding response to defendant's 0.20 $170.00 NO CHARGE application to continue fax letter to Judge's chambers / served BCB 0.20 $170.00 NO CHARGE defendant's fax and mail) phone conference with Sweeney regarding BCB filing of response to defendant's application 0.20 $170.00 $34.00 to continue Conference with Chad Bungard regarding JRM response to defendant's application to 0.20 $230.00 NO CHARGE continue phone conference with Susan regarding BCB filing of response to defendant application 0.20 $170.00 $34.00 to continue BCB review and revise and edit reply 0.20 $170.00 $34.00 prepare for phone hearing with Judge BCB 0.20 $170.00 $34.00 Demerall phone conference with Judge Demerell's BCB 0.20 $170.00 $34.00 clerk 10/2/2000 reviewed and took notes on defendant's BCB 1.70 $170.00 NO CHARGE opposition brief prepare to respond to section B of BCB 0.50 $170.00 NO CHARGE defendant's opposition brief AK conference with B. Chad Bungard 0.20 $170.00 NO CHARGE reviewed and took notes on defendant's BCB 1.70 $170.00 $289.00 opposition brief reviewed correspondence from defendant BCB 0.20 $170.00 $34.00 (Bach) Notice of Joinder phone conference with defendants, James Bopp, Jr. and Judge Demerall regarding BCB 0.50 $170.00 $85.00 motion to consolidate, briefing schedule and hearing Conference with Aaron Kirkpatrick BCB 0.20 $170.00 $34.00 regarding reply brief prepare to respond to section B of BCB 0.50 $170.00 $85.00 defendent's opposition brief JB review response 0.20 $385.00 $77.00 JB conference with Judge and Chad Bungard 0.50 $385.00 $192.50 conference with James Bopp, Jr. regarding BCB 0.10 $170.00 $17.00 reply brief phone conference with Susan (2x) regarding BCB 0.20 $170.00 $34.00 filing of reply and opposition briefs conference with B. Chad Bungard regarding JDB 0.20 $170.00 $34.00 assignment JDB read through response brief 1.00 $170.00 NO CHARGE JDB read through portions of complaint 0.50 $170.00 NO CHARGE conference with James Bopp, Jr. regarding BCB 0.10 $170.00 NO CHARGE reply brief JDB organization of research strategy — notes 0.20 $170.00 NO CHARGE Conference with Justin Bristol regarding BCB 0.20 $170.00 $34.00 assignment Review memorandum in support of preliminary injunction motion; review AK defendant opposition to preliminary 0.20 $170.00 NO CHARGE injunction motion; review amended complaint read through facts in preliminary injunction JDB 0.70 $170.00 NO CHARGE brief 10/3/2000 BCB begin drafting reply brief 0.20 $170.00 NO CHARGE AK Draft reply brief 2.50 $170.00 NO CHARGE AK Computer assisted legal research 0.50 $170.00 $85.00 researched and reviewed caselaw regarding BCB unconstitutional regulation of 4.70 $170.00 NO CHARGE communications regarding ballot measures work through arguments in original JDB 2.00 $170.00 NO CHARGE preliminary injunction brief and notes AK Computer assisted legal research 0.50 $170.00 NO CHARGE conference with B. Chad Bungard regarding JDB 0.20 $170.00 NO CHARGE division of responsibility review memorandum in support of AK preliminary injunction motion; review 0.20 $170.00 NO CHARGE defendant opposition BCB begin drafting reply brief 0.20 $170.00 $34.00 Conference with Justin Bristol regarding AK 0.20 $170.00 NO CHARGE portions of the response argument AK Draft reply brief 2.50 $170.00 $425.00 Conference with Aaron Kirkpatrick JDB regarding his portions of the response 0.20 $170.00 NO CHARGE argument Conference with Justin David Bristol BCB 0.20 $170.00 NO CHARGE regarding division of responsibility 10/4/2000 prepare reply brief (ballot measure BCB 0.70 $170.00 $119.00 argument) BCB read caselaw 1.10 $170.00 $187.00 conference with Justin David Bristol BCB 0.20 $170.00 $34.00 regarding major purpose argument AK Conference with B. Chad Bungard 0.40 $170.00 NO CHARGE AK Review cases 1.10 $170.00 NO CHARGE AK draft reply brief 2.50 $170.00 $425.00 AK draft reply brief 2.50 $170.00 NO CHARGE BCB read caselaw 1.10 $170.00 NO CHARGE JDB research and verify claims in reply brief 1.80 $170.00 NO CHARGE AK Computer assisted legal research 0.40 $170.00 NO CHARGE Conference with Aaron Kirkpatrick BCB regarding issue advocacy argument 0.20 $170.00 NO CHARGE (candidates) read caselaw — prepare outline for argument BCB 4.20 $170.00 $714.00 (ballot measure) study reply brief argument regarding major JDB 1.70 $170.00 NO CHARGE purpose conference with B. Chad Bungard regarding JDB 0.20 $170.00 $34.00 rep;y brief argument JDB research and verify claims in reply brief 1.80 $170.00 $306.00 AK Computer assisted legal research 0.40 $170.00 $68.00 10/5/2000 AK Review cases 0.50 $170.00 $85.00 read cases regarding ballot measures in BCB 3.00 $170.00 $510.00 preparation for reply — took notes on cases conference with Justin David Bristol BCB 0.10 $170.00 $17.00 regarding major purpose argument AK draft reply brief 1.90 $170.00 NO CHARGE BCB begin drafting reply 0.70 $170.00 NO CHARGE conference with B. Chad Bungard and JDB James R. Mason, III regarding ideas for 0.10 $170.00 NO CHARGE reply brief argument research regarding extent of regulation that JDB can befall an organization that made 2.00 $170.00 NO CHARGE independent expenditures review preliminary injunction arguments JDB regarding major purpose, compare/contrast 2.00 $170.00 NO CHARGE with response brief, further research, notes AK Review cases 0.50 $170.00 NO CHARGE AK draft reply brief 1.90 $170.00 $323.00 read cases regarding ballot measures in BCB 3.50 $170.00 $595.00 preparation for reply — took notes on cases BCB begin drafting reply 0.70 $170.00 $119.00 research regarding extent of regulation that JDB can befall an organization that made 2.00 $170.00 $340.00 independent expenditures conference with B. Chad Bungard regarding JDB ideas for reply brief argument / major 0.10 $170.00 $17.00 purpose test review preliminary injunction arguments JDB regarding major purpose, compare/contrast 2.00 $170.00 $340.00 with response brief, further research, notes 10/6/2000 prepare Ballot measure argument BCB 6.20 $170.00 $1,054.00 (preliminary injunction reply conference with Justin David Bristol BCB 0.20 $170.00 $34.00 regarding major purpose argument review response brief, analyze arguments JDB 1.20 $170.00 $204.00 and prepare reply arguments JDB draft reply arguments 2.50 $170.00 $425.00 review response brief, analyze arguments JDB 1.20 $170.00 NO CHARGE and prepare reply arguments JDB draft reply arguments 2.50 $170.00 NO CHARGE Conference with B. Chad Bungard JDB 0.20 $170.00 $34.00 regarding major purpose argument 10/9/2000 draft summary judgment memorandum BCB 8.00 $170.00 $1,360.00 (ballot measure argument) conference with B. Chad Bungard regarding JRM 0.20 $230.00 $46.00 motion to dismiss draft reply arguments regarding major JDB 7.00 $170.00 $1,190.00 purpose conference with Justin David Bristol JRM 0.20 $230.00 $46.00 regarding reply brief Conference with Aaron Kirkpatrick JRM 0.20 $230.00 $46.00 regarding reply brief Conference with James R. Mason, III BCB 0.20 $170.00 $34.00 regarding motion to dismiss Conference with James R. Mason, III JDB 0.20 $170.00 $34.00 regarding reply brief Conference with James R. Mason, III AK 0.20 $170.00 $34.00 regarding reply brief 10/10/2000 AK Conference with B. Chad Bungard 0.20 $170.00 $34.00 Computer assisted legal research — retrieve AK 0.10 $170.00 NO CHARGE cases BCB draft response to motion to dismiss 1.00 $170.00 NO CHARGE conference with B. Chad Bungard regarding JRM 0.10 $230.00 NO CHARGE reply motion to dismiss AK Draft reply brief 2.40 $170.00 NO CHARGE conference with B. Chad Bungard regarding JDB 0.20 $170.00 $34.00 disclosure requirements conference with B. Chad Bungard regarding JRM 0.10 $230.00 $23.00 reply motion to dismiss review defendant's opposition to preliminary AK 0.90 $170.00 NO CHARGE injunction motion BCB draft response to motion to dismiss 1.00 $170.00 $170.00 Conference with Aaron Kirkpatrick BCB 0.20 $170.00 NO CHARGE regarding (A) draft reply argument regarding major JDB 6.00 $170.00 $1,020.00 purpose Conference with Justin David Bristol BCB 0.20 $170.00 $34.00 regarding disclosure requirements Conference with James R. Mason, III BCB 0.10 $170.00 $17.00 regarding reply motion to dismiss AK Draft reply brief 2.40 $170.00 $408.00 10/11/2000 review supplemental opposition to AK 0.50 $170.00 $85.00 preliminary injunction motion AK draft response motion to dismiss 0.50 $170.00 $85.00 AK Review motion to dismiss 0.20 $170.00 $34.00 Computer assisted legal research citations AK 0.10 $170.00 $17.00 and retrieve cases AK draft reply brief 1.70 $170.00 NO CHARGE BCB draft irreparable harm section (reply brief) 5.00 $170.00 $850.00 review supplemental opposition to AK 0.50 $170.00 NO CHARGE preliminary injunction motion Computer assisted legal research citations AK 0.10 $170.00 NO CHARGE and retrieve cases AK Review motion to dismiss 0.20 $170.00 NO CHARGE draft reply argument with regarding to JDB 6.20 $170.00 $1,054.00 major purpose AK draft reply brief 1.70 $170.00 $289.00 review and revise and edit cc 1 for reply BCB 2.50 $170.00 NO CHARGE brief (issue discussion of candidates) AK draft response motion to dismiss 0.50 $170.00 NO CHARGE 10/12/2000 create and organize argument headings and JDB 0.30 $170.00 $51.00 sub-headings JB review opposition 1.00 $385.00 $385.00 create and organize argument headings and JDB 0.30 $170.00 NO CHARGE sub-headings conference with Justin David Bristol JRM 0.10 $230.00 NO CHARGE regarding reply brief Conference with B. Chad Bungard AK 0.20 $170.00 $34.00 regarding response motion to dismiss review and revise response motion to AK 3.70 $170.00 $629.00 dismiss review and revise and edit section A of BCB 1.50 $170.00 $255.00 reply brief review, revise and edit motion to dismiss BCB 3.00 $275.00 $825.00 (standing) Conference with B. Chad Bungard AK 0.50 $170.00 NO CHARGE regarding response motion to dismiss review, revise and edit motion to dismiss BCB 0.50 $170.00 $85.00 and reply brief review and revise response motion to AK 3.70 $170.00 NO CHARGE dismiss review and revise and edit section A of BCB 1.50 $170.00 NO CHARGE reply brief review, revise and edit motion to dismiss BCB 0.50 $170.00 NO CHARGE and reply brief replace citations to defendant's response JDB brief with citations to defendant's amended 0.50 $170.00 NO CHARGE response brief JDB final revisions and editing 0.30 $170.00 NO CHARGE conference with B. Chad Bungard regarding JRM 0.10 $230.00 NO CHARGE reply brief conference with B. Chad Bungard regarding JRM 0.10 $230.00 $23.00 reply brief conference with Justin David Bristol JRM 0.10 $230.00 $23.00 regarding reply brief conference with B. Chad Bungard regarding JRM 0.20 $230.00 NO CHARGE major purpose reply brief revise and edit major purpose arguments JDB 3.00 $170.00 $510.00 replace citations to defendant's response brief with citations to defendant's amended JDB 0.50 $170.00 $85.00 response brief JDB final revisions and editing 0.30 $170.00 $51.00 review draft of major purpose reply brief JRM 2.00 $230.00 NO CHARGE and read state's argument Conference with James R. Mason, III BCB 0.20 $170.00 NO CHARGE regarding major purpose reply brief Conference with Aaron Kirkpatrick BCB 0.20 $170.00 NO CHARGE regarding motion to dismiss Conference with James R. Mason, III BCB 0.10 $170.00 $17.00 regarding reply brief Conference with James R. Mason, III JDB 0.10 $170.00 $17.00 regarding reply brief 10/13/2000 revise response motion to dismiss AK 3.80 $170.00 $646.00 Conference with Justin David Bristol BCB regarding editing of major purpose 0.20 $170.00 NO CHARGE argument (from 10/13) review and revise and edit reply in support BCB 2.00 $170.00 $340.00 of motion for preliminary injunction review and revise and edit opposition to BCB 2.00 $170.00 $340.00 motion to dismiss BCB prepare documents for filing 0.20 $170.00 $34.00 HKM prepare Table of Contents 0.10 $230.00 $23.00 RSM edit "major purpose" argument 2.20 $230.00 $506.00 phone conference with B. Chad Bungard JDB regarding editing of major purpose 0.20 $170.00 NO CHARGE argument (from 10/13) AK FedEx, mail, fax response motion to dismiss 1.10 $170.00 NO CHARGE AK revise response motion to dismiss 3.80 $170.00 NO CHARGE review and revise and edit opposition to BCB 2.00 $170.00 NO CHARGE motion to dismiss review and revise and edit reply in support BCB 2.00 $170.00 NO CHARGE of motion for preliminary injunction BCB prepare documents for filing 0.20 $170.00 NO CHARGE HKM prepare Table of Contents 0.10 $230.00 NO CHARGE JRM draft table of contents/table of authorities 3.50 $230.00 NO CHARGE 10/15/2000 Conference with Justin David Bristol BCB 0.10 $170.00 $17.00 regarding brief, FNS and internal references phone conference with B. Chad Bungard JDB 0.10 $170.00 $17.00 regarding brief, FNS and internal references phone conference with B. Chad Bungard JDB 0.10 $170.00 NO CHARGE regarding brief, FNS and internal references 10/16/2000 phone conference with Susan regarding BCB 0.20 $170.00 NO CHARGE filing phone conference with J. Sweeney BCB 0.20 $170.00 $34.00 regarding filing and hearing BCB organized file for oral argument 1.10 $170.00 $187.00 draft letter to judge regarding clerical errors BCB (also faxed, copied, and mailed documents 0.30 $170.00 $51.00 to defendants) conference with B. Chad Bungard regarding JB 0.10 $385.00 $38.50 hearing Conference with Justin David Bristol BCB 0.20 $170.00 $34.00 regarding case strategy Conference with James Bopp, Jr. regarding BCB 0.10 $170.00 $17.00 hearing reviewed voice mail from Susan regarding BCB 0.20 $170.00 $34.00 filing BCB organize office file 1.20 $170.00 NO CHARGE review major purpose argument for editing errors and with regarding to internal JDB references — fix references in order to call to 2.00 $170.00 $340.00 attn of court and opposing parties and ccb regarding proper course of action draft letter to court regarding alteration of JDB 0.20 $170.00 $34.00 internal references BCB organized file for oral argument 1.10 $170.00 NO CHARGE JDB organize files 0.50 $170.00 NO CHARGE read and review our briefs for errors and for BCB oral argument preparation for James Bopp, 1.00 $170.00 $170.00 Jr. read and review our briefs for errors and for BCB oral argument preparation for James Bopp, 1.00 $170.00 NO CHARGE Jr. draft letter to judge regarding clerical errors BCB (also faxed, copied, and mailed documents 0.30 $170.00 NO CHARGE to defendants) conference with B. Chad Bungard regarding JB 0.10 $385.00 NO CHARGE hearing 10/17/2000 JB preparation for hearing 3.00 $385.00 $1,155.00 10/18/2000 review and revise plaintiffs supplemental RSM authority memorandum and conference with 0.20 $230.00 NO CHARGE B. Chad Bungard regarding same BCB Conference with Aaron Kirkpatrick 0.20 $170.00 NO CHARGE Conference with Raeanna S. Moore BCB 0.20 $170.00 $34.00 regarding Supplemental Authority AK conference with B. Chad Bungard 0.20 $170.00 NO CHARGE read Pittman v. Cole case to use for BCB 1.10 $170.00 $187.00 supplemental authority prepared supplemental authority document BCB 2.50 $170.00 $425.00 for court prepared documents (supplemental BCB authority) for filing and service — including 1.00 $170.00 $170.00 draft letter to clerk of court review and revise plaintiffs supplemental RSM authority memorandum and conference with 0.20 $230.00 $46.00 B. Chad Bungard regarding same JB travel; prepare for hearing 10.00 $385.00 $3,850.00 read Pittman v. Cole case to use for BCB 1.10 $170.00 NO CHARGE supplemental authority prepared supplemental authority document BCB 2.50 $170.00 NO CHARGE for court 10/19/2000 phone conference with James Bopp, Jr., B. AK 0.20 $170.00 NO CHARGE Chad Bungard, and Justin David Bristol prepare for hearing; attend hearing; phone conference with B. Chad Bungard, Justin JB 10.00 $385.00 $3,850.00 David Bristol and Aaron Kirkpatrick regarding hearing Conference with James Bopp, Jr., Aaron BCB Kirkpatrick, and Justin David Bristol 0.50 $170.00 $85.00 regarding Preliminary Injunction conference with James Bopp, Jr., B. Chad JDB Bungard, and Aaron Kirkpatrick regarding 0.10 $170.00 NO CHARGE preliminary injunction reply brief phone conference with James Bopp, Jr., B. AK 0.20 $170.00 $34.00 Chad Bungard, and Justin David Bristol conference with James Bopp, Jr., B. Chad JDB Bungard, and Aaron Kirkpatrick regarding 0.50 $170.00 $85.00 preliminary injunction reply brief 10/20/2000 JB travel 10.00 $385.00 $3,850.00 10/23/2000 reviewed correspondence from Michele BCB 0.20 $170.00 $34.00 Bach BCB draft stipulation to dismiss defendant Scully 1.70 $170.00 $289.00 review stipulation regarding dismissal of RSM 0.20 $170.00 $34.00 Scully phone conference with Bach regarding BCB 0.20 $170.00 $34.00 motion to dismiss BCB draft letter to Bach regarding stipulation 0.20 $170.00 $34.00 phone conference with Maureen Price BCB 0.20 $170.00 $34.00 regarding stipulation BCB fax letter to Maureen Price 0.20 $170.00 NO CHARGE 10/24/2000 BCB read orders 0.50 $170.00 $85.00 phone conference with Linda Rapatoni BCB (reporter for the San Francisco Daily 0.50 $170.00 NO CHARGE Journal) JDB review court's order regarding counts 7-9 0.50 $170.00 NO CHARGE BCB read orders 0.50 $170.00 NO CHARGE 10/25/2000 BCB read and reviewed judge's order carefully 0.50 $170.00 NO CHARGE conference with James R. Mason, III BCB 0.20 $170.00 NO CHARGE regarding judges opinion (and next step) JRM read CPLC cases 0.20 $230.00 NO CHARGE conference with B. Chad Bungard regarding JRM 0.10 $230.00 NO CHARGE appeal procedure BCB read and reviewed judge's order carefully 0.50 $170.00 $85.00 conference with James R. Mason, III BCB 0.20 $170.00 $34.00 regarding judges opinion (and next step) read SFDJ article regarding preliminary JDB 0.20 $170.00 NO CHARGE injunction motion denial JRM read CPLC cases 0.20 $230.00 $46.00 conference with B. Chad Bungard regarding JRM 0.50 $230.00 $115.00 appeal procedure 10/30/2000 BCB draft e-mail to Jon Roland briefs 0.20 $170.00 NO CHARGE 10/31/2000 phone conference with General Counsel for JB 0.20 $385.00 $77.00 FPPC 11/3/2000 send materials to Jon Roland and San Fran BCB 0.50 $170.00 NO CHARGE Daily Journal 11/10/2000 JB review answers of defendants 1.00 $385.00 $385.00 11/30/2000 Review file and work on Motion for REC 1.60 $280.00 $448.00 Summary Judgment Letter from Court with Order on cross-motions REC 0.20 $280.00 NO CHARGE for Summary Judgment Conference with Richard E. Coleson BTB 0.20 $170.00 NO CHARGE regarding research on vagueness Conference with Benjamin T. Barr REC 0.20 $280.00 NO CHARGE regarding his research on vagueness Read Furgatch to determine its treatment of vagueness; read District Court decision; BTB 1.70 $170.00 NO CHARGE read portion of our complaint regarding vagueness Research keycite and keynote provisions on Westlaw regarding vagueness treatment by BTB 1.20 $170.00 NO CHARGE the Federal courts both generally and in election law Research case lists generated from keynote BTB provisions; generated list of on-point cases 0.70 $170.00 NO CHARGE to research and work through Review file and work on Motion for REC 1.60 $280.00 NO CHARGE Summary Judgment Read relevant cases discussing vagueness; noted rationale and policy objectives; BTB 1.00 $170.00 NO CHARGE searched, read, and noted about election law cases and vagueness Prepared draft memo listing relevant BTB provisions of case law interpreting 0.50 $170.00 NO CHARGE vagueness and various statutes Conference with Richard E. Coleson regarding research strategy and method by BTB 0.20 $170.00 NO CHARGE which to persuade court not to follow Furgatch regarding vagueness Research similar statutes ruled vague and BTB 0.20 $170.00 NO CHARGE citations Conference with Benjamin T. Barr REC 0.20 $280.00 NO CHARGE regarding needed research Review file and supply materials to REC 0.20 $280.00 NO CHARGE Benjamin T. Barr for research 1/3/2001 BCB review joint status report from defendants 0.50 $170.00 $85.00 1/8/2001 conference with James Bopp, Jr. regarding BCB 0.20 $170.00 $34.00 joint status report BCB reviewed joint status report 0.20 $170.00 NO CHARGE draft letter to defendants regarding joint BCB 0.20 $170.00 $34.00 status report conference with B. Chad Bungard regarding JB 0.20 $385.00 $77.00 discovery review draft of response objection to status JB 0.20 $385.00 $77.00 order 1/10/2001 BCB organize file 0.70 $170.00 NO CHARGE BCB review documents from defendant (answers) 0.20 $170.00 NO CHARGE BCB review documents from defendant (answers) 0.20 $170.00 $34.00 1/12/2001 conference with local counsel regarding BCB 0.20 $170.00 NO CHARGE joint status report BCB conference with T. Muscat 0.20 $170.00 $34.00 1/24/2001 research "right to jury trial" in equitable BCB 1.00 $170.00 NO CHARGE matters draft plaintiffs objection to status order, BCB 2.00 $170.00 $340.00 including reading cases relevant to motion BCB review status order 0.50 $170.00 $85.00 1/25/2001 review and revise plaintiffs objection to RSM 0.20 $230.00 $46.00 status (pretrial scheduling) order 1/26/2001 review, revise, and edit "Objection to Status BCB 1.50 $170.00 $255.00 Order" and prepare documents for filing 1/30/2001 phone conference with Tim Muscat BCB 0.20 $170.00 $34.00 regarding stipulation of discovery 1/31/2001 phone conference with T.Muscat regarding BCB 0.20 $170.00 $34.00 stipulation BCB draft letter to Muscat 0.20 $170.00 $34.00 BCB review stipulation and sign 0.20 $170.00 $34.00 2/1/2001 review materials (FPPC website, newspaper BCB articles, etc.) in preparation for summary 0.60 $170.00 $102.00 judgment review materials (FPPC website, newspaper BCB articles, etc.) in preparation for summary 0.60 $170.00 NO CHARGE judgment BCB review amended status order 0.20 $170.00 $34.00 2/7/2001 BCB organize file 0.20 $170.00 NO CHARGE 2/8/2001 Conference with James Bopp, Jr. regarding BCB 0.20 $170.00 $34.00 strategy research for summary judgment brief (includes retrieving Berkeley report on BCB 1.50 $170.00 NO CHARGE FPPC, McPherson Report and case law regarding major purpose) conference with B. Chad Bungard regarding JB 0.20 $385.00 $77.00 strategy BCB organize files 0.20 $170.00 NO CHARGE research for summary judgment brief (includes retrieving Berkeley report on BCB 1.50 $170.00 $255.00 FPPC, McPherson Report and case law regarding major purpose) 2/12/2001 BCB review McPherson report 0.70 $170.00 NO CHARGE BCB organize Furgatch file 0.20 $170.00 NO CHARGE BCB review McPherson report 0.70 $170.00 $119.00 BCB review McPherson report 2.20 $170.00 $374.00 BCB review McPherson report 2.20 $170.00 NO CHARGE 2/14/2001 BCB continue to review McPherson report 0.60 $170.00 $102.00 BCB continue to review McPherson report 0.60 $170.00 NO CHARGE 3/5/2001 continued analyzing McPherson study / read BCB Scully order (dated March 1, 2001 from 1.60 $170.00 $272.00 Easter District of California) continued analyzing McPherson study / read BCB Scully order (dated March 1, 2001 from 1.60 $170.00 NO CHARGE Easter District of California) conference with B. Chad Bungard regarding RSM strategy in response to court's conduit 0.20 $230.00 $46.00 concern BCB prepare for summary judgment brief 2.50 $170.00 $425.00 3/6/2001 conference with B. Chad Bungard regarding JRM 0.20 $230.00 $46.00 effect of no corporate ban conference with James R. Mason, III BCB 0.20 $170.00 $34.00 regarding corporate contributions finish reviewing and analyzing McPerson BCB 1.20 $170.00 $204.00 and IGS reports conference with Raeanna S. Moore BCB 0.20 $170.00 NO CHARGE regarding corporate contributions finsh reviewing and analyzing McPerson BCB 1.20 $170.00 NO CHARGE and IGS reports BCB prepare for summary judgment brief 2.50 $170.00 NO CHARGE 3/7/2001 BCB Reviewed orders 1.10 $170.00 $187.00 BCB draft interrogatories 0.70 $170.00 $119.00 BCB Reviewed defendant's briefs, case law 1.50 $170.00 NO CHARGE Reviewed regulations and statutes in BCB preparation for summary judgment brief and 1.00 $170.00 NO CHARGE discovery BCB Reviewed defendant's briefs, case law 1.50 $170.00 $255.00 Reviewed regulations and statutes in BCB preparation for summary judgment brief and 1.00 $170.00 $170.00 discovery 3/8/2001 BCB draft interrogatories 0.70 $170.00 $119.00 3/26/2001 BCB organize file 0.20 $170.00 NO CHARGE prepare discovery (interrogatories and BCB 2.00 $170.00 $340.00 production of documents) prepare outline for summary judgment BCB 1.50 $170.00 $255.00 memorandum prepare outline for summary judgment BCB 1.50 $170.00 NO CHARGE memorandum 3/27/2001 BCB draft summary judgment outline 0.60 $170.00 $102.00 BCB draft summary judgment outline 0.60 $170.00 NO CHARGE 4/4/2001 review correspondence from defendants BCB 0.20 $170.00 $34.00 regarding discovery review fax regarding discovery, pass to B. JRM 0.20 $230.00 NO CHARGE Chad Bungard 4/9/2001 conference with B. Chad Bungard regarding JB 0.20 $385.00 $77.00 response conference with James Bopp, Jr. regarding BCB 0.20 $170.00 $34.00 discovery BCB voice mail to Tim Muscat 0.20 $170.00 $34.00 JB review letter from Attorney General 0.50 $385.00 $192.50 4/19/2001 phone conference with Tim Muscat BCB 0.20 $170.00 $34.00 regarding discovery 4/23/2001 Conference with B. Chad Bungard JB 0.20 $385.00 $77.00 regarding discovery conference with James Bopp, Jr. regarding BCB 0.20 $170.00 $34.00 discovery 4/24/2001 phone conference with Tim Muscat BCB 0.20 $170.00 $34.00 regarding discovery 4/25/2001 phone conference with Tim Muscat BCB 0.20 $170.00 $34.00 regarding discovery BCB review discovery materials from defendant 4.00 $170.00 $680.00 4/30/2001 conference with James Bopp, Jr. regarding BCB 0.20 $170.00 $34.00 notice and order BCB draft letter to court 0.20 $170.00 $34.00 review and revise interrogatories and RSM 0.20 $230.00 $46.00 request for production BCB prepare for discovery requests 0.50 $170.00 $85.00 Conference with B. Chad Bungard JB 0.20 $385.00 $77.00 regarding notice and order draft discovery (interrogatories and request BCB 1.70 $170.00 $289.00 for production of documents) JB review discovery request 0.50 $385.00 $192.50 draft notice of substitution of parties and BCB 1.20 $170.00 $204.00 draft order 5/1/2001 BCB review and revise 1.50 $170.00 $255.00 review, revise and edit discovery documents BCB 0.50 $170.00 $85.00 to fppc and Bill Lockyer prepare pleadings (draft order and BCB 0.70 $170.00 NO CHARGE substitution) for filing BCB review local rules 0.20 $170.00 NO CHARGE BCB prepare discovery documents for filing 0.70 $170.00 $119.00 RSM review and revise notice of substitution 0.20 $230.00 NO CHARGE conference with B. Chad Bungard regarding RSM 0.20 $230.00 $46.00 interrogatories draft interrogatories and request for BCB 0.70 $170.00 $289.00 production of documents for Bill Lockyer draft letter to Attorney General's office BCB 0.20 $170.00 $34.00 regarding discovery conference with B. Chad Bungard regarding ECB 0.50 $230.00 NO CHARGE interrogatories review, revise and edit of pleadings and BCB 0.70 $170.00 NO CHARGE draft order and letter to clerk of court BCB draft letter to FPPC regarding discovery 0.20 $170.00 $34.00 Conference with Raeanna S. Moore BCB 0.20 $170.00 $34.00 regarding interrogatories conference with Eric C. Bohnet regarding BCB 0.20 $170.00 $34.00 discovery Conference with Eric C. Bohnet regarding BCB 0.30 $170.00 NO CHARGE interrogatories 5/7/2001 review summary judgment outline in BCB preparation of drafting / begin drafting 0.20 $170.00 NO CHARGE summary judgment memorandum review summary judgment outline in BCB preparation of drafting / begin drafting 0.20 $170.00 $34.00 summary judgment memorandum 5/8/2001 draft standard of review / research 9th BCB 0.50 $170.00 NO CHARGE Circuit standard review rules and caselaw on Federal Rules BCB 0.20 $170.00 NO CHARGE of Civil Procedure 60(b) BCB draft statement of the case 1.50 $170.00 $255.00 begin preparing for summary judgment BCB 1.30 $170.00 NO CHARGE memorandum review rules and caselaw on Federal Rules BCB 0.20 $170.00 $34.00 of Civil Procedure 60(b) conference with James Bopp, Jr. regarding BCB 0.10 $170.00 NO CHARGE motion to amend order to dismiss review comments to FEC in preparation for BCB 0.70 $170.00 $119.00 summary judgment BCB prepare summary judgment memorandum 0.20 $170.00 NO CHARGE conference with James Bopp, Jr. regarding BCB 0.10 $170.00 $17.00 motion to amend order to dismiss BCB prepare summary judgment memorandum 0.20 $170.00 $34.00 review comments to FEC in preparation for BCB 0.70 $170.00 NO CHARGE summary judgment draft standard of review / research 9th BCB 0.50 $170.00 $85.00 Circuit standard Conference with B. Chad Bungard JB 0.10 $385.00 $38.50 regarding motion to amend order to dismiss 5/9/2001 prepare outline for summary judgment BCB 3.30 $170.00 NO CHARGE argument prepare outline for summary judgment BCB 3.30 $170.00 $561.00 argument 5/15/2001 BCB pulled cases from lexis 0.20 $170.00 NO CHARGE BCB begin drafting summary judgment brief 2.50 $170.00 NO CHARGE BCB begin drafting summary judgment brief 2.50 $170.00 $425.00 BCB pulled cases from lexis 0.20 $170.00 $34.00 5/21/2001 review and revise Response to Request for RSM 1.00 $230.00 $230.00 Documents draft response to defendants request for BCB 6.00 $170.00 $1,020.00 production of documents draft Letter to Sylvest at CPLC regarding BCB 1.50 $170.00 $255.00 production of documents 5/29/2001 BCB review correspondence from defendants 0.20 $170.00 $34.00 review briefly discovery requests from BCB 0.20 $170.00 $34.00 defendants 5/30/2001 Conference with B. Chad Bungard RSM 0.50 $230.00 $115.00 regarding deadlines for discovery BCB begin drafting discovery response 0.20 $170.00 $34.00 BCB review instructions on discovery requests 0.20 $170.00 $34.00 conference with Raeanna S. Moore BCB 0.50 $170.00 $85.00 regarding deadlines for discovery reviewed discovery rules (33, 34) and BCB 0.20 $170.00 $34.00 Federal Rules of Civil Procedure 5/31/2001 left detailed voice mail with Brian Johnson BCB 0.20 $170.00 $34.00 regarding discovery draft response to defendants request for BCB 4.50 $170.00 $765.00 production of documents 6/4/2001 BCB prepare discovery response 1.70 $170.00 $289.00 6/5/2001 BCB draft discovery response 0.20 $170.00 $34.00 BCB draft discovery response 1.00 $170.00 $170.00 BCB draft discovery response 0.50 $170.00 $85.00 6/6/2001 read defendant's response to plantiff's BCB 0.20 $170.00 $34.00 discovery request 6/7/2001 Conference with James Bopp, Jr. regarding BCB 0.20 $170.00 $34.00 discovery request review discovery request and conference JB 0.50 $385.00 $192.50 with B. Chad Bungard BCB review FPPC discovery response 0.20 $170.00 $34.00 6/14/2001 BCB organize file 0.70 $170.00 NO CHARGE 6/15/2001 BCB organize file 1.20 $170.00 NO CHARGE BCB organize file 5.00 $170.00 NO CHARGE 6/18/2001 reviewed correspondence from defendant BCB 0.20 $170.00 $34.00 regarding denial of extension prepared discovery response, made outline of judge's ruling in preparation of response; BCB 2.50 $170.00 $425.00 determined scope of case left and relevancy of discovery requests draft motion to extend time to respond to BCB 1.30 $170.00 $221.00 defendants discovery requests BCB draft order 0.20 $170.00 $34.00 review, revise and edit motion for extension BCB 0.50 $170.00 $85.00 of time Conference with Raeanna S. Moore BAB 0.20 $280.00 $56.00 regarding extension of time Review and Revise Motion for Extension of RSM Time; conference with Barry A. Bostrom 0.50 $230.00 $115.00 regarding same BCB draft letter to court regarding extension 0.20 $170.00 $34.00 BCB organize file 1.20 $170.00 NO CHARGE BCB prepare documents for filing 0.70 $170.00 $119.00 6/19/2001 research caselaw on vague, ambiguous, overly broad and burdensome discovery BCB 3.00 $170.00 $510.00 requests; review orders on relevant scope of discovery requests BCB Draft response to discovery request 2.20 $170.00 $374.00 6/20/2001 read and reviewed opposition to motion by BCB 0.20 $170.00 $34.00 defendants draft response to defendants discovery BCB 6.20 $170.00 $1,054.00 request Conference with James Bopp, Jr. regarding BCB 0.20 $170.00 $34.00 decision conference with B. Chad Bungard regarding JB 0.20 $385.00 $77.00 decision 6/22/2001 review and revise and edit plaintiff's BCB 1.00 $170.00 $170.00 response to defendant's discovery request phone conference with clerk's office BCB 0.20 $170.00 $34.00 regarding extension 6/25/2001 phone conference with Raeanna S. Moore BCB regarding objectives and response to 0.20 $170.00 $34.00 defendant BCB draft discovery response with objections 1.00 $170.00 $170.00 conference with B. Chad Bungard regarding RSM discovery response since court has not ruled 0.20 $230.00 $46.00 on motion to extend time phone conference with Clerk regarding BCB 0.20 $170.00 $34.00 extension 6/26/2001 BCB organize file 0.50 $170.00 NO CHARGE BCB review order from judge 0.20 $170.00 $34.00 6/27/2001 reviewed defendants discovery response; BCB 0.50 $275.00 $137.50 made notes for motion to compel 6/28/2001 drafted outline for summary judgment BCB 1.20 $170.00 $204.00 argument researched advice letters by FPPC regarding BCB 1.50 $170.00 $255.00 82013 from 1990 — present read and review advice letters regarding BCB 0.50 $170.00 NO CHARGE major purpose test researched advice letters by FPPC regarding BCB 1.50 $170.00 NO CHARGE 82013 from 1990 — present drafted outline for summary judgment BCB 1.20 $170.00 NO CHARGE argument researched advice letters regarding BCB 0.50 $170.00 NO CHARGE regulation 18225(b)(3)(A) conference with James R. Mason, III BCB 0.50 $170.00 $85.00 regarding standing Conference with B. Chad Bungard JRM 0.50 $230.00 $115.00 regarding standing continued to read and review defendants BCB 0.50 $170.00 $85.00 discovery responses 6/29/2001 read and review advice letters regarding BCB 2.00 $170.00 NO CHARGE Regulation 18225(b)(A) BCB research Regulation 18215(b)(1) 0.20 $170.00 $34.00 read reviewed advice letters regarding BCB 1.70 $170.00 NO CHARGE Regulation 18215(b)(1) phone conference with Larry Woodlock BCB 0.20 $170.00 $34.00 regarding scheduling of deposition continue to read advice letters and make BCB outline with notes regarding Regulation 3.20 $170.00 NO CHARGE 18215(b)(1) researched advice letters regarding FPPC BCB 0.50 $170.00 $85.00 multi-purpose FACT sheet 6/30/2001 read, reviewed and make outline with notes BCB 1.50 $170.00 $255.00 regarding Multi-purpose Fact Sheet read, reviewed and made outline with notes BCB 1.50 $170.00 $255.00 regarding Manual C research and read reviewed advice letters BCB and made outline with notes regarding 4.50 $170.00 NO CHARGE statute 82025 7/2/2001 Conference with James Bopp Jr. and B. JRM 0.20 $230.00 NO CHARGE Chad Bungard regarding Advisory Opinion BCB work on summary judgment outline 0.10 $170.00 NO CHARGE BCB work on summary judgment outline 0.10 $170.00 $17.00 reviewed Tan advice letter and outline BCB 0.20 $170.00 $34.00 regarding such BCB read Regulation. 18427.1 0.50 $170.00 $85.00 conference with James Bopp, Jr. and James R. Mason, III regarding seeking advisory BCB 0.20 $170.00 NO CHARGE opinion from Elec regarding political parties making independent expenditures read advisory opinions regarding 18401 and BCB 1.00 $170.00 $170.00 made notes with outline regarding such Conference with B. Chad Bungard and JB James R. Mason, III regarding Advisory 0.20 $385.00 NO CHARGE Opinion 7/5/2001 BCB researched attorney work rule and handbook 0.50 $170.00 $85.00 BCB finish drafting discovery request 2 0.50 $170.00 $85.00 BCB review, revise and edit discovery request 2 0.70 $170.00 $119.00 reviewed local rules regarding motion to BCB 0.20 $170.00 NO CHARGE compel Conference with James Bopp, Jr. regarding BCB 0.20 $170.00 $34.00 advisory objection BCB researched attorney work product cases 0.70 $170.00 $119.00 BCB read attorney work products cases 0.20 $170.00 NO CHARGE conference with B. Chad Bungard regarding JB 0.20 $385.00 $77.00 advisory objection BCB prepared discovery 2 1.00 $170.00 $170.00 read and reviewed thoroughly and took BCB notes regarding defendant discovery 1.50 $170.00 $255.00 responses research Attorney General opinion on 82013 BCB and Regulation Alerts regarding relevant 0.50 $170.00 $85.00 statutes and regulations read advisory opinion ops on 82013 and BCB 1.00 $170.00 $170.00 Regulation Alerts BCB prepared discovery request 2 0.20 $170.00 $34.00 phone conference with Brian Johnston BCB 0.20 $170.00 $34.00 regarding deposition phone conference with Larry Woodlock BCB 0.20 $170.00 $34.00 regarding deposition times 7/6/2001 conference with B. Chad Bungard regarding JB 0.20 $385.00 $77.00 Advisory Opinion read cases on Attorney Work Product BCB 1.50 $170.00 $255.00 Privilege prepared documents (discovery request 2) BCB 0.20 $170.00 $34.00 for filing BCB read advisory opinions regarding 82013 3.70 $170.00 $629.00 Conference with James Bopp, Jr. regarding BCB 0.20 $170.00 $34.00 Advisory Opinion 7/9/2001 BCB read advice letters regarding 82013 4.50 $170.00 $765.00 7/10/2001 phone conference with Sylvest regarding BCB discovery request by defendant; left voice 0.70 $170.00 $119.00 mail with J. Carroll and B. Johnston conference with James Bopp, Jr. regarding BCB 0.20 $170.00 $34.00 defendants discovery requests phone conference with Sylvest regarding BCB defendants discovery request and left 0.20 $170.00 $34.00 message with Brian Johnston's voice mail Conference with B. Chad Bungard JB 0.20 $385.00 $77.00 regarding defendants discovery requests BCB read advice letters regarding 82013 1.50 $170.00 $255.00 BCB read advice letters regarding 82013 0.70 $170.00 $119.00 BCB read advice letters regarding 82013 1.00 $170.00 $170.00 phone conference with Sylvest regarding BCB 0.20 $170.00 $34.00 discovery BCB review discovery matters 0.20 $170.00 $34.00 7/11/2001 BCB read advice letters regarding 82013 1.70 $170.00 $289.00 BCB read advice letters regarding 82013 0.50 $170.00 $85.00 BCB read advice letters regarding 82013 0.20 $170.00 $34.00 7/12/2001 listen to voice mail from Sylvest 2 times BCB 0.20 $170.00 $34.00 regarding discovery of documents phone conference with Sylvest regarding BCB 0.20 $170.00 $34.00 discovery response BCB prepare discovery response 2.70 $170.00 $459.00 phone conference with Sylvest regarding BCB 1.00 $170.00 $170.00 discovery response 7/13/2001 read e-mail from B. Johnson regarding BCB 0.20 $170.00 $34.00 salary information for discovery draft discovery response to Defendants BCB 5.70 $170.00 $969.00 requests phone conference with Bob Leideigh BCB 0.20 $170.00 $34.00 regarding discovery matters phone conference with B. Chad Bungard JB 0.50 $385.00 $192.50 regarding discovery Phone conference with James Bopp, Jr. BCB 0.50 $170.00 $85.00 regarding discovery 7/15/2001 review Stipulation of Dismissal of Counts REC 7, 8, and 9 per James Bopp, Jr. request and 0.20 $280.00 NO CHARGE fax to opposing counsel Work on stipulation to dismiss counts 7-9; REC conference with James Bopp, Jr. regarding 1.70 $280.00 $476.00 same REC review file 0.30 $280.00 NO CHARGE 7/16/2001 RSM review stipulated order 0.20 $230.00 $46.00 left voice message with Tim Muscat regarding stipulation; phone conference BCB with Bob Leideigh regarding stipulation; 0.20 $170.00 $34.00 deposition schedule; meet and confer regarding request for prod. 1 and 2 BCB read correspondence from Bob Leideigh 0.20 $170.00 $34.00 draft letter to Bob Leideigh in response to BCB 0.20 $170.00 $340.00 his letter dated June 16, 2001 review, revise and edit Plaintiffs Response BCB to defendant's request for production of 1.70 $170.00 $289.00 documents; prepare documents for filing BCB Compile documents 0.20 $170.00 NO CHARGE JB review draft of Protective Order 0.20 $385.00 $77.00 prepare plaintiffs response to defendant's BCB 4.80 $170.00 $816.00 request for production of documents phone conference with Sylvest regarding BCB 0.20 $170.00 $34.00 documents and writing to be disclosed 7/17/2001 took discovery materials to Paper Chase to BCB 0.20 $170.00 NO CHARGE be copied review attorney work product in preparation BCB 0.20 $170.00 $34.00 for meet and conference with L. Woodlock final review, revise and edit of discovery BCB 0.20 $170.00 $34.00 materials 7/18/2001 BCB draft summary judgment outline 0.10 $170.00 NO CHARGE BCB draft summary judgment outline 0.10 $170.00 $17.00 work on outline for summary judgment BCB brief; (filing dates, McPherson report, goals 1.20 $170.00 $204.00 and etc.) work on outline for summary judgment BCB brief; (filing dates, McPherson report, goals 1.20 $170.00 NO CHARGE and etc.) BCB drafted AWP questions 1.00 $170.00 $170.00 BCB organize file 0.70 $170.00 NO CHARGE 7/19/2001 BCB continue summary judgment outline 2.00 $170.00 $340.00 BCB continue summary judgment outline 2.00 $170.00 NO CHARGE 7/23/2001 Conference with James Bopp, Jr. regarding BCB 0.20 $170.00 $34.00 discovery phone conference with Larry Woodlock and BCB Holly Armstrong regarding privileged 0.20 $170.00 $34.00 documents conference with B. Chad Bungard regarding JB 0.20 $385.00 $77.00 discovery 7/24/2001 prepare, review, revise and edit outline of duties regarding discovery and other related BCB 1.00 $170.00 NO CHARGE projects in preparation of summary judgment brief 7/25/2001 BCB prepare summary judgment outline 1.20 $170.00 $204.00 BCB draft outline for argument 1.20 $170.00 $204.00 BCB prepare summary judgment outline 1.20 $170.00 NO CHARGE BCB draft outline for argument 1.20 $170.00 NO CHARGE 7/26/2001 draft motion for protective order; review and revise and edit both documents; BCB 4.20 $170.00 $714.00 conference with Raeanna S. Moore regarding edits and revisions BCB prepare response to muscat letter 1.00 $170.00 $170.00 review Motion for Protective Order and RSM conference with B. Chad Bungard regarding 0.20 $230.00 NO CHARGE same read correspondence from defendant BCB 0.50 $170.00 $85.00 regarding discovery review revised Motion for Protective Order RSM and conference with B. Chad Bungard 0.50 $230.00 $115.00 regarding same 7/27/2001 BCB begin drafting motion to withdraw 0.20 $170.00 NO CHARGE phone conference with Tim Muscat BCB 0.20 $170.00 $34.00 regarding discovery 7/30/2001 draft Tim Muscat regarding discovery BCB 0.20 $170.00 $34.00 meeting Draft motion to withdraw, draft order, draft letter to clerk, draft letter to local counsel, read local rules, prepare labels, prepare documents for filing and service, phone BCB 2.50 $170.00 NO CHARGE conference with M.Price regarding withdraw, phone conference with J. Sweeney 2 times, phone conference with Brian Johnston regarding withdrawal phone conference with L. Woodlock BCB 0.20 $170.00 NO CHARGE regarding withdrawal 7/31/2001 BCB draft summary judgment outline 1.00 $170.00 NO CHARGE BCB draft summary judgment outline 1.00 $170.00 $170.00 8/2/2001 BCB prepare summary judgment outline 0.50 $170.00 NO CHARGE BCB review discovery materials 1.70 $170.00 $289.00 conference with Richard E. Coleson BCB regarding status of case and getting him up 3.00 $170.00 NO CHARGE to speed BCB prepare for "meet and confer" meeting 2.00 $170.00 $340.00 "meet and confer" conference with T. BCB 1.00 $170.00 $170.00 Muscat Conference with Richard E. Coleson JB 0.20 $385.00 $77.00 regarding case BCB read defendants opposition brief 0.20 $170.00 $34.00 BCB prepare summary judgment outline 0.50 $170.00 $137.50 conference with James Bopp, Jr. regarding REC 0.20 $280.00 $56.00 case reviewed discovery materials in response to BCB 0.70 $170.00 $119.00 "meet and confer" Phone conference with James Bopp, Jr. REC 0.20 $280.00 $56.00 regarding case REC Review file 1.30 $280.00 NO CHARGE conference with B. Chad Bungard regarding REC 0.50 $280.00 NO CHARGE case 8/3/2001 conference with Richard E. Coleson and B. JB Chad Bungard regarding phone conference 0.20 $385.00 $77.00 with Attorney General conference with Richard E. Coleson JB 0.50 $385.00 $192.50 regarding dismissal clause and stipulation REC review notes and file 0.20 $280.00 $56.00 conference with James Bopp, Jr. and B. REC Chad Bungard regarding dismissing major 0.20 $280.00 $56.00 purpose counts Conference with James Bopp, Jr. regarding REC 0.50 $280.00 $140.00 dismissal clause and stipulation phone call to Tom Muscat with B. Chad REC Bungard regarding dismissing major 0.20 $280.00 $56.00 purpose counts 8/13/2001 Conference with Eric C. Bohnet regarding JB 0.20 $385.00 NO CHARGE call from Muscat ECB Phone call to Chad Bungard 0.10 $230.00 NO CHARGE Phone call from Eric C. Bohnet regarding BCB 0.10 $170.00 NO CHARGE Muscat ECB Phone call to Muscat 0.10 $230.00 $23.00 ECB Review file 0.10 $230.00 NO CHARGE ECB phone call from Muscat 0.20 $230.00 NO CHARGE ECB Conference with James Bopp, Jr. 0.20 $230.00 NO CHARGE 8/14/2001 REC Review file for prior stipulations 0.20 $280.00 NO CHARGE JB conference with Richard E. Coleson 0.20 $385.00 $77.00 REC review file; conference with James Bopp, Jr. 3.00 $280.00 NO CHARGE phone conference with Tom Muscat and R. REC Leidigh regarding settlement negotiations 0.50 $280.00 $140.00 on counts 7-9 REC Work on stipulation dismissing counts 7-9 0.80 $280.00 $224.00 REC Review Federal and Local Rules 0.20 $280.00 NO CHARGE 8/15/2001 conference with Richard E. Coleson JB regarding revisions in stipulation of 0.20 $385.00 $77.00 dismissal conference with Richard E. Coleson JB 0.50 $385.00 $192.50 regarding proposed stipulation JB revise stipulation of dismissal 0.20 $385.00 $77.00 Conference with James Bopp, Jr. regarding REC 0.20 $280.00 $56.00 revisions in stipulation of dismissal Conference with James Bopp, Jr. regarding REC 0.50 $280.00 $140.00 proposed stipulation 8/16/2001 phone call from Tim Muscat regarding offer REC 0.20 $280.00 $56.00 to settle and extension of discovery dates letter from Tim Muscat and review notice of REC 0.20 $280.00 $56.00 motion on motion to compel review brief in support of preliminary REC 3.20 $280.00 NO CHARGE injunction REC Phone call to local counsel 0.50 $280.00 $140.00 phone call from Tim Muscat regarding offer REC 0.20 $280.00 $56.00 to settle and extension of discovery dates REC phone call to and from Tim Muscat 0.10 $280.00 $28.00 set up sample forms and address book entries for correspondence with Muscat; REC 0.50 $280.00 NO CHARGE letter to same with executed stipulation to extend deadlines Letter from Muscat with order, review same REC 0.10 $280.00 $28.00 and obtain Bopp signature REC review party memorandum from file 1.50 $280.00 NO CHARGE 8/21/2001 letter from Muscat with copy of filed REC 0.20 $280.00 $56.00 stipulation for extended time letter from Tim Muscat; review proposed REC stipulation on dismissal and compare with 1.20 $280.00 $336.00 court's orders conference with Richard E. Coleson JB 0.20 $385.00 $77.00 regarding stipulation conference with James Bopp Jr. regarding REC 0.20 $280.00 $56.00 stipulation of dismissal language conference with James Bopp, Jr. regarding stipulation of dismissal draft; phone call to REC Muscat; conference with James Bopp, Jr. 0.20 $280.00 $56.00 regarding contents of call and needed action in my absence JB review draft stipulation 0.20 $385.00 $77.00 8/27/2001 REC review file and phone call to Tim Muscat 0.20 $280.00 NO CHARGE phone conference with Richard E. Coleson JB 0.20 $385.00 $77.00 regarding draft stipulation phone call to James Bopp, Jr. regarding language of stipulation dismissing counts REC 0.70 $280.00 $196.00 7, 8 and 9; letter to Muscat; attempt to reach Muscat by phone regarding stipulation letter from Tim Muscat regarding dismissal REC 0.20 $280.00 $56.00 of counts 7, 8, 9 letter from Clerk with instructions for joint REC 0.20 $280.00 $56.00 statement 8/29/2001 legal research; review current opinion on REC issue advocacy in Stenson v Attorney 0.50 $280.00 NO CHARGE General (D.N.H., Aug 24, 2001) 8/30/2001 review file and letter from Attorney General REC 0.30 $280.00 $84.00 regarding discovery issues REC prepare pro hac vice application 0.20 $280.00 NO CHARGE Prepare pro hac vice motion; phone call to REC 0.70 $280.00 NO CHARGE 5th Circuit regarding date of bar admission REC Preparation of letter to local counsel 0.90 $280.00 NO CHARGE REC prepare pro hac vice application 1.00 $280.00 NO CHARGE review local practice and professional REC 1.90 $280.00 NO CHARGE conduct rules review and calendar Scheduling Order and REC review rules cited therein; attempt to find 1.00 $280.00 NO CHARGE docket access online with RACER/PACER REC review discovery files 0.50 $280.00 NO CHARGE Phone call to Tim Muscat regarding case REC 0.20 $280.00 NO CHARGE status 8/31/2001 Conference with Richard E. Coleson JB 0.20 $385.00 $77.00 regarding case status review discovery files and noted needed REC 2.00 $280.00 $560.00 activity REC review discovery file 0.20 $280.00 NO CHARGE Conference with James Bopp, Jr. regarding REC 0.20 $280.00 $56.00 case status review response and materials produced in REC 2.20 $280.00 $616.00 response to defendant's discovery requests 9/4/2001 REC review FPPC advisory opinion letters 2.20 $280.00 NO CHARGE revise pro hac vice motion per local counsel REC 0.30 $280.00 NO CHARGE advise REC Preparation of letter to local counsel 0.20 $280.00 NO CHARGE Review letter from Muscat with Notice of REC 0.10 $280.00 $28.00 Continuance review letter from local counsel regarding REC 0.10 $280.00 NO CHARGE pro hac vice motion etc. 9/13/2001 Conference with Richard E. Coleson JB 0.20 $385.00 $77.00 regarding case status Conference with James Bopp, Jr. regarding REC status and Phone call to Tim Muscat 0.20 $280.00 $56.00 regarding case status 9/14/2001 Conference with James Bopp, Jr. regarding REC 0.20 $280.00 NO CHARGE case status and plan REC Preparation of letter to Tim Muscat 0.20 $280.00 $56.00 Letter from and Phone call to Tim Muscat REC 0.20 $280.00 $56.00 regarding Stipulation on counts 7, 8, 9 9/17/2001 Conference with James Bopp, Jr. regarding REC 0.20 $280.00 NO CHARGE implications of ATA Preliminary Injunction Conference with Richard E. Coleson JB regarding implications of ATA Preliminary 0.20 $385.00 NO CHARGE Injunction 9/18/2001 REC Work on Reply Brief on Cross-Appeal 0.40 $280.00 $112.00 REC Work on Reply Brief on Cross-Appeal 0.40 $280.00 NO CHARGE REC Legal research on cited cases 0.10 $280.00 $28.00 REC Legal research on cited cases 0.10 $280.00 NO CHARGE 9/21/2001 Review letter from Tim Muscat serving REC Stipulated Dismissal of counts 7, 8, 9 and 0.20 $280.00 $56.00 withdrawal of Motion to Compel 9/25/2001 JB Conference with Richard E. Coleson 0.20 $385.00 $77.00 Letter from Clerk of Court with copy of REC Stipulated Order of Dismissal on Counts 7, 0.20 $280.00 $56.00 8, 9 Phone call from opposing counsel regarding REC 0.20 $280.00 $56.00 Stipulation on Summary Judgment Motions Conference with James Bopp, Jr. and phone call to Tim Muscat regarding schedule for REC 0.20 $280.00 $56.00 Summary Judgment and Stipulation regarding expert disclosure 9/26/2001 Conference with Richard E. Coleson JB 0.20 $385.00 $77.00 regarding proposed stipulation Phone call from Tim Muscat; review REC proposed stipulation; conference with James 0.20 $280.00 $56.00 Bopp, Jr. regarding same Preparation of letter to T. Muscat with REC 0.20 $280.00 $56.00 executed stipulation 9/27/2001 Search files for letter to FPPC regarding REC 0.10 $280.00 NO CHARGE Advisory Opinion Review file and Orders and possible use of REC 0.50 $280.00 NO CHARGE ATA case for Motion to Reconsider REC Phone call to James R. Mason, III 0.10 $280.00 NO CHARGE 9/28/2001 Conference with Richard E. Coleson JB 0.20 $385.00 NO CHARGE regarding Motion to Reconsider possibility Phone conference with B. Chad Bungard REC 0.10 $280.00 NO CHARGE regarding FPPC Advisory Opinion Conference with Richard E. Coleson BCB 0.10 $170.00 $17.00 regarding FPPC Advisory Opinion Review ATA and consider whether suitable REC 0.20 $280.00 NO CHARGE for Motion to Reconsider Conference with James Bopp, Jr. regarding REC 0.20 $280.00 NO CHARGE Motion to Reconsider possibility Phone conference with B. Chad Bungard REC 0.10 $280.00 $28.00 regarding FPPC Advisory Opinion 10/3/2001 Phone conference with Brian Johnston REC 0.30 $280.00 $84.00 regarding facts REC Review and organize files 0.20 $280.00 NO CHARGE REC Review and organize files 1.20 $280.00 NO CHARGE 10/4/2001 REC Review and organize file 1.30 $280.00 NO CHARGE REC Phone conference with Brian Johnston 0.20 $280.00 NO CHARGE 10/5/2001 Letter from Clerk of Court with Order on REC Motion to Continue expert disclosure 0.20 $280.00 $56.00 deadline REC Work on e-mail to CPLC bookkeeper 0.20 $280.00 $56.00 10/18/2001 Phone call from Larry Woodlock of FPPC REC 0.10 $280.00 $28.00 regarding Advisory Opinion letter Phone call from Larry Woodlock of FPPC REC 0.10 $280.00 NO CHARGE regarding Advisory Opinion letter 11/15/2001 Phone conference with Richard E. Coleson JB 0.20 $385.00 $77.00 regarding schedule Conference with James Bopp, Jr. regarding REC 0.20 $280.00 $56.00 schedule JB Review draft schedule 0.20 $385.00 $77.00 11/20/2001 Prepare check request for local counsel REC 0.20 $280.00 $56.00 invoice REC Review requested Advisory Opinion 1.00 $280.00 $280.00 Conference with James Bopp, Jr. regarding REC 0.20 $280.00 NO CHARGE status of case and needed work REC Review requested Advisory Opinion 1.00 $280.00 NO CHARGE Conference with Richard E. Coleson JB 0.20 $385.00 NO CHARGE regarding status of case and needed work Review files, Complaint, statutes, and REC 1.00 $280.00 NO CHARGE regulations 11/21/2001 Preparation of letter to local counsel with REC 0.20 $280.00 $56.00 check for expenses 11/29/2001 Conference with Richard E. Coleson BTB 0.10 $170.00 $17.00 regarding needed research Conference with Benjamin T. Barr REC 0.10 $280.00 NO CHARGE regarding needed research Conference with Benjamin T. Barr REC 0.10 $280.00 $28.00 regarding needed research 12/3/2001 Research additional election law resources for "void for vagueness" doctrine and it BTB 0.50 $170.00 NO CHARGE implementation; drafted additional resources into the memorandum Research additional election law resources for "void for vagueness" doctrine and it BTB 0.50 $170.00 $85.00 implementation; drafted additional resources into the memorandum Continued research regarding void for BTB vagueness and case law for Richard E. 0.20 $170.00 $34.00 Coleson Prepare Motion for Summary Judgment; REC 0.50 $280.00 $140.00 review rules Prepare Motion for Summary Judgment and REC 2.30 $280.00 $644.00 Brief Made last changes to memorandum; added BTB 0.20 $170.00 $34.00 additional cases, updated citations Continued research regarding void for BTB vagueness and case law for Richard E. 0.20 $170.00 NO CHARGE Coleson Made last changes to memorandum; added BTB 0.20 $170.00 NO CHARGE additional cases, updated citations Prepare Motion for Summary Judgment; REC 0.50 $280.00 NO CHARGE review rules Prepare Motion for Summary Judgment and REC 2.30 $280.00 NO CHARGE Brief 12/4/2001 Preparation of Brief in Support of Motion REC 0.10 $280.00 $28.00 for Summary Judgment Preparation of Brief in Support of Motion REC 0.10 $280.00 NO CHARGE for Summary Judgment 12/5/2001 Prepare Motion for Summary Judgment and REC 5.60 $280.00 $1,568.00 Brief REC Prepare Summary Judgment Brief 2.00 $280.00 $560.00 Prepare Motion for Summary Judgment and REC 5.60 $280.00 NO CHARGE Brief REC Prepare Summary Judgment Brief 2.00 $280.00 NO CHARGE 12/6/2001 JB Review draft Motion and Memorandum 0.50 $385.00 $192.50 REC Prepare Summary Judgment Brief 2.00 $280.00 $560.00 REC Prepare Summary Judgment Brief 1.20 $280.00 $336.00 JB Review draft Motion and Memorandum 0.50 $385.00 NO CHARGE REC Prepare Summary Judgment Brief 2.00 $280.00 NO CHARGE REC Preparation of letter to Clerk of Court 0.40 $280.00 $112.00 REC Preparation of letter to local counsel 0.40 $280.00 $112.00 REC Prepare Summary Judgment Brief 1.20 $280.00 NO CHARGE REC Preparation of letter to Client 0.40 $280.00 $112.00 12/7/2001 Mail / serve Motion for Summary Judgment REC 0.20 $280.00 NO CHARGE and Brief Serve Motion for Summary Judgment and REC 0.20 $280.00 NO CHARGE Brief and opposing counsel 12/10/2001 Letter from and fax from opposing counsel REC with Motion for Summary Judgment and 0.20 $280.00 $56.00 Memorandum Review portion of Motion for Summary REC 0.10 $280.00 $28.00 Judgment and Brief from opposition Review portion of Motion for Summary REC 0.10 $280.00 NO CHARGE Judgment and Brief from opposition 12/13/2001 Prepare opposition to Defendant's Motion REC 1.50 $280.00 NO CHARGE for Summary Judgment Conference with Richard E. Coleson JB 0.10 $385.00 $38.50 regarding Summary Judgment response Conference with James Bopp, Jr. regarding REC 0.10 $280.00 $28.00 Summary Judgment response Review opposition motion and brief on REC 0.10 $280.00 $28.00 Summary Judgment with affidavits Prepare opposition to Defendant's Motion REC 1.50 $280.00 $420.00 for Summary Judgment Conference with James Bopp, Jr. regarding REC 0.10 $280.00 NO CHARGE Summary Judgment response Review opposition motion and brief on REC 0.10 $280.00 NO CHARGE Summary Judgment with affidavits 12/14/2001 Letter from Jilla Ghodsi with supplemental REC 0.20 $280.00 $56.00 declaration of service Letter from Clerk of Court with file-marked REC copy of Motion for Summary Judgment and 0.20 $280.00 $56.00 Brief; file away same 12/15/2001 Prepare opposition to Motion for Summary REC 1.70 $280.00 NO CHARGE Judgment Prepare opposition to Motion for Summary REC 1.70 $280.00 $476.00 Judgment 12/16/2001 Prepare opposition to Motion for Summary REC 2.50 $280.00 NO CHARGE Judgment Prepare opposition to Motion for Summary REC 2.50 $280.00 $700.00 Judgment 12/17/2001 Prepare Opposition to Motion for Summary REC 0.10 $280.00 NO CHARGE Judgment Prepare Opposition to Motion for Summary REC 2.20 $280.00 NO CHARGE Judgment Prepare Opposition to Motion for Summary REC 0.10 $280.00 $28.00 Judgment Prepare Opposition to Motion for Summary REC 2.20 $280.00 $616.00 Judgment Research ripeness, justiciability in 9th Circuit in light of case cited by Defendant's JPG 3.00 $170.00 $510.00 memorandum of points and authorities in support of Motion for Summary Judgment Conference with Richard E. Coleson JPG 0.20 $170.00 $34.00 regarding research, case Conference with Jeffrey P. Gallant REC 0.20 $280.00 $56.00 regarding needed research on ripeness 12/18/2001 Prepare and revise section of opposition to REC Motion for Summary Judgment dealing with 1.30 $280.00 NO CHARGE vagueness Conference with Richard E. Coleson JB regarding arguments in opposition to 0.10 $385.00 $38.50 Motion for Summary Judgment Review Defendant's Motion for Summary JB 0.50 $385.00 $192.50 Judgment Prepare and revise section of opposition to REC Motion for Summary Judgment dealing with 1.30 $280.00 $364.00 vagueness Prepare ripeness section of opposition to REC 4.00 $280.00 $1,120.00 Motion for Summary Judgment Conference with James Bopp, Jr. regarding REC arguments in opposition to Motion for 0.10 $280.00 NO CHARGE Summary Judgment Review Defendant's Motion for Summary JB 0.50 $385.00 NO CHARGE Judgment Conference with James Bopp, Jr. regarding REC arguments in opposition to Motion for 0.10 $280.00 $28.00 Summary Judgment Prepare ripeness section of opposition to REC 3.50 $280.00 $980.00 Motion for Summary Judgment 12/19/2001 Proofread and revise Opposition to Motion REC 1.00 $280.00 $280.00 for Summary Judgment Proofread and revise Opposition to Motion REC 1.00 $280.00 NO CHARGE for Summary Judgment Proofread and revise Opposition to Motion REC 1.40 $280.00 NO CHARGE for Summary Judgment Proofread and revise Opposition to Motion REC 1.40 $280.00 $392.00 for Summary Judgment Conference with Richard E. Coleson JB regarding argument regarding Defendants' 0.10 $385.00 $38.50 reliance on poll Conference with James Bopp, Jr. regarding REC 0.10 $280.00 $28.00 revision JB Review draft brief 0.30 $385.00 $115.50 JB Review draft brief 0.30 $385.00 NO CHARGE Conference with Richard E. Coleson JB 0.10 $385.00 $38.50 regarding revision Read and edit reply to Defendant's Motion JPG 1.10 $170.00 $187.00 for Summary Judgment Work on Opposition to Motion for REC 0.30 $280.00 $84.00 Summary Judgment Read and edit reply to Defendant's Motion JPG 1.10 $170.00 NO CHARGE for Summary Judgment Work on Opposition to Motion for REC 0.30 $280.00 NO CHARGE Summary Judgment Conference with James Bopp, Jr. regarding REC argument regarding Defendants' reliance on 0.10 $280.00 $28.00 poll 12/20/2001 Revise Motion for Summary Judgment REC 1.00 $280.00 $280.00 Opposition Add new material regarding poll and REC Mclntyre to Motion for Summary Judgment 1.70 $280.00 $476.00 Opposition Add new material regarding poll and REC Mclntyre to Motion for Summary Judgment 1.70 $280.00 NO CHARGE Opposition Revise Motion for Summary Judgment REC 1.00 $280.00 NO CHARGE Opposition JB Review revised brief 0.20 $385.00 $77.00 Preparation of letters to Clerk of Court, REC 0.50 $280.00 $140.00 Clients, and opposing counsel JB Review revised brief 0.20 $385.00 NO CHARGE 12/21/2001 Phone call from local counsel regarding REC 0.10 $280.00 NO CHARGE faxed service REC Review e-mail from local counsel 0.10 $280.00 $28.00 1/2/2002 Legal research and prepare reply on Motion REC 1.10 $280.00 $308.00 for Summary Judgment Review objection to facts and opposition REC 0.70 $280.00 $196.00 memorandum Prepare reply on Motion for Summary REC 1.30 $280.00 $364.00 Judgment Review objection to facts and opposition REC 0.70 $280.00 NO CHARGE memorandum Conference with Richard E. Coleson JB 0.20 $385.00 $77.00 regarding hearing Review opposition memorandum on REC 0.60 $280.00 NO CHARGE Plaintiffs' Motion for Summary Judgment Phone conference with local counsel REC 0.20 $280.00 $56.00 regarding brief filing and Oral Argument Legal research and prepare reply on Motion REC 1.10 $280.00 NO CHARGE for Summary Judgment Prepare reply on Motion for Summary REC 1.30 $280.00 NO CHARGE Judgment Conference with James Bopp, Jr. regarding REC 0.20 $280.00 $56.00 hearing arrangements Letter from opposing counsel with reply on REC Motion for Summary Judgment; letter from 0.20 $280.00 $56.00 Clerk of Court with confirmed copy Review opposition memorandum on REC 0.60 $280.00 $168.00 Plaintiffs' Motion for Summary Judgment 1/3/2002 Prepare reply on Motion for Summary REC 1.10 $280.00 NO CHARGE Judgment Prepare reply on Motion for Summary REC 0.60 $280.00 NO CHARGE Judgment Prepare reply on Motion for Summary REC 0.80 $280.00 NO CHARGE Judgment Prepare reply on Motion for Summary REC 2.00 $280.00 NO CHARGE Judgment Prepare reply on Motion for Summary REC 0.60 $280.00 $168.00 Judgment Prepare reply on Motion for Summary REC 2.00 $280.00 $560.00 Judgment Prepare reply on Motion for Summary REC 0.80 $280.00 $224.00 Judgment Prepare reply on Motion for Summary REC 1.10 $280.00 $308.00 Judgment Conference with Richard E. Coleson JB 0.20 $385.00 $77.00 regarding Oral Argument arrangements Conference with James Bopp, Jr. regarding REC 0.20 $280.00 $56.00 Oral Argument arrangements 1/4/2002 Prepare reply to Motion for Summary REC 2.80 $280.00 $784.00 Judgment Phone conference with local counsel and his REC receptionist regarding getting e-mailed brief 0.20 $280.00 $56.00 filed today Serve opposing counsel by fax and first REC class with reply to Motion for Summary 0.20 $280.00 NO CHARGE Judgment Preparation of letter to Brian Johnston with REC copy of reply brief and information about 0.20 $280.00 $56.00 hearing Phone calls to local counsel to assure filing REC 1.00 $280.00 $280.00 (several) Prepare reply to Motion for Summary REC 2.80 $280.00 NO CHARGE Judgment 1/7/2002 Letter from opposing counsel with reply REC 0.10 $280.00 $28.00 brief on Motion for Summary Judgment Conference with Deborah A. Cundiff REC regarding flight and accommodations for 0.20 $280.00 NO CHARGE hearing Prepare e-mail letter to local counsel REC regarding arrangements for Summary 0.20 $280.00 $56.00 Judgment hearing Phone call from local counsel's office REC regarding filing of reply on Motion for 0.10 $280.00 $28.00 Summary Judgment 1/8/2002 Review cases for Summary Judgment REC 0.20 $280.00 $56.00 hearing Review portion of opposition's reply on REC 0.20 $280.00 $56.00 Motion for Summary Judgment Review portion of opposition's reply on REC 0.20 $280.00 NO CHARGE Motion for Summary Judgment Phone conference with Brian Johnston REC 0.20 $280.00 $56.00 regarding status of case and advocacy plans Review cases for Summary Judgment REC 0.20 $280.00 NO CHARGE hearing 1/9/2002 Legal research in election law cases on REC 0.20 $280.00 $56.00 standing / ripeness REC Research election law cases 1.50 $280.00 NO CHARGE REC Research election law cases 1.50 $280.00 $420.00 Review file; prepare travel file for Summary REC 1.50 $280.00 $420.00 Judgment hearing 1/10/2002 Study and annotate Plaintiffs Opposition REC 0.50 $280.00 $140.00 Brief (traveling) Study and annotate Defendants' reply REC 0.80 $280.00 NO CHARGE (traveling) Study and annotate Defendant's Summary REC 0.50 $280.00 NO CHARGE Judgment Brief (traveling) Compare Plaintiffs Opposition with REC Defendents' reply and make notes 0.30 $280.00 NO CHARGE (traveling) Prepare hearing argument outline (after REC 0.60 $280.00 NO CHARGE traveling) Prepare hearing argument outline (after REC 0.60 $280.00 $168.00 traveling) Study and annotate Plaintiffs Opposition REC 0.20 $280.00 NO CHARGE Brief (traveling) Travel time to Sacramento, CA for Friday Summary Judgment hearing not used for REC 5.20 $280.00 $1,456.00 preparation for hearing (9:00am to 8:15 pm, Indiana time: total = 11.25) Study and annotate Defendents' reply REC 0.80 $280.00 $224.00 (traveling) Study and annotate Defendents' reply REC 0.60 $280.00 $168.00 (traveling) Study and annotate Defendant's Summary REC 0.50 $280.00 $140.00 Judgment Brief (traveling) Compare Plaintiffs Opposition with REC Defendents' reply and make notes 0.30 $280.00 $84.00 (traveling) Study and annotate Plaintiffs Opposition REC 0.50 $280.00 NO CHARGE Brief (traveling) Study and annotate Plaintiffs Opposition REC 0.20 $280.00 $56.00 Brief (traveling) 1/11/2002 Prepare argument outline and notes for REC 4.00 $280.00 NO CHARGE Summary Judgment hearing Prepare argument outline and notes for REC 4.00 $280.00 $1,120.00 Summary Judgment hearing Attend hearing on cross Motions for REC 1.20 $280.00 $336.00 Summary Judgment Travel from Sacramento, CA to Terre REC 11.50 $280.00 $3,220.00 Haute, IN 1/14/2002 Conference with James Bopp, Jr. regarding REC 0.20 $280.00 $56.00 hearing Conference with Richard E. Coleson JB 0.20 $385.00 $77.00 regarding hearing 1/15/2002 Prepare expense report with receipts for trip REC to Sacramento for Summary Judgment 0.70 $280.00 NO CHARGE hearing 1/23/2002 Review two news accounts of CPLC case; REC 0.30 $280.00 NO CHARGE search for opinion on District Court website Retrieve online and review portionof 9th Circuit rules of appellate procedure; REC 0.50 $280.00 $140.00 calculate and calendar deadline for notice of appeal Conference with Richard E. Coleson JB regarding plan for deciding whether to 0.30 $385.00 $115.50 appeal Review Federal Rules of Appellate REC 0.10 $280.00 $28.00 Procedure Conference with James Bopp, Jr. regarding REC 0.30 $280.00 $84.00 plan for deciding whether to appeal 1/25/2002 Review Court's Order on Summary REC 0.20 $280.00 $56.00 Judgment and entry of Judgment 1/30/2002 Review Court opinions and prepare memo REC 0.70 $280.00 APPEAL to James Bopp, Jr. regarding appeal 1/31/2002 Preparation of letter to Client regarding REC 0.50 $280.00 $140.00 latest court decision 2/20/2002 JB Conference with Richard E. Coleson (2x) 0.50 $385.00 APPEAL Prepare Notice of Appeal, representation statement, docketing statement; letter to REC Clerk of Court and opposing counsel and 3.70 $280.00 APPEAL local counsel; phone call to local counsel regarding appeal Review 9th Circuit video "Perfecting Your REC 0.50 $280.00 NO CHARGE Appeal" Conference with James Bopp, Jr. regarding REC 0.20 $280.00 APPEAL filing Notice of Appeal Review trial court opinions and conference REC 0.70 $280.00 APPEAL with James Bopp, Jr. regarding appeal Review local and 9th Circuit rules regarding REC 0.80 $280.00 APPEAL appeal REC Retrieve forms 0.20 $280.00 NO CHARGE REC Phone call to local counsel 0.20 $280.00 APPEAL 2/21/2002 Track FedEx shipment for delivery of REC 0.20 $280.00 NO CHARGE Notice of Appeal REC Create and organize file for appeal 0.20 $280.00 NO CHARGE Retrieve 9th Circuit Rules and get rule REC 0.20 $280.00 APPEAL changes from court's website Part 2 2/22/2002 REC Review Circuit rules 0.20 $280.00 APPEAL 2/25/2002 Review all relevant Circuit rules and forms, REC including online amendments, and annotate 1.20 $280.00 APPEAL same for later use Conference with James Bopp, Jr. regarding REC 0.20 $280.00 APPEAL what transcripts to order Preparation of letter to Clerk of the Court REC and opposing counsel regarding transcript 0.20 $280.00 APPEAL order Conference with Richard E. Coleson JB 0.20 $385.00 APPEAL regarding record on appeal 2/26/2002 Preparation of letter to Client regarding REC 0.20 $280.00 APPEAL appeal 2/27/2002 Letter from Clerk of the Court and review REC 0.20 $280.00 APPEAL materials regarding appeal 3/4/2002 Letter from Clerk of the Court with Notice REC 0.20 $280.00 APPEAL of Appeal and docket 3/5/2002 Letter from Clerk of 9th Circuit with REC 0.20 $280.00 APPEAL schedule, etc. 3/13/2002 Process payment of billing from local REC 0.20 $280.00 NO CHARGE counsel Phone conference with Tim Muscat and REC 0.20 $280.00 APPEAL Robert L. regarding transcript request 3/14/2002 Review letter from Tim Muscat regarding REC 0.20 $280.00 APPEAL transcript order 3/20/2002 Review rules for transcripts; look up hearing dates; fill in part of draft of transcript REC 0.50 $280.00 APPEAL request; phone call to Court Reporter regarding production and cost 3/21/2002 Prepare transcript request; preparation of letter to Clerk of the Court; preparation of REC 0.50 $280.00 APPEAL letter to opposing counsel; preparation of letter to Court Reporter REC Calendar due dates 0.20 $280.00 NO CHARGE 3/22/2002 Phone call to Court Reporter regarding REC 0.20 $280.00 APPEAL arrangements for paying for transcript Phone call from Court Reporter regarding REC projected charge for transcript and prepare 0.20 $280.00 APPEAL check request Review notes and phone call to Court REC 0.20 $280.00 APPEAL Reporter 3/27/2002 Preparation of letter to Court Reporter with REC 0.20 $280.00 APPEAL check for transcripts — partial payment 4/25/2002 Review files; phone call to Court Reporter; REC 0.50 $280.00 APPEAL check for calendared dates Phone call from Peggy McNamara regarding REC 0.20 $280.00 APPEAL transcript 5/2/2002 REC Check docket regarding transcript filing 0.10 $280.00 APPEAL Check 9th Circuit rules regarding failure by Court Reporter to prepare transcript on REC 0.50 $280.00 APPEAL time; calendar deadline for notice to 9th Circuit REC Research materials from 9th Circuit 0.40 $280.00 APPEAL 5/3/2002 Prepare notice regarding failure of Court REC 0.80 $280.00 APPEAL Reporter to comply with deadline REC Prepare corporate disclosure statement 0.50 $280.00 APPEAL REC Preparation of letter to Clerk of the Court 0.70 $280.00 APPEAL REC Preparation of letter to opposing counsel 0.70 $280.00 APPEAL REC Research local rules and FRAP 0.30 $280.00 APPEAL 5/6/2002 Review letter from Clerk of the Court, with REC 0.20 $280.00 APPEAL Notice of Completion of Record Review letter from Court Reporter with REC transcript and invoice; prepare check 0.20 $280.00 NO CHARGE request Review transcript of Summary Judgment REC 0.20 $280.00 APPEAL hearing Preparation of letter to local counsel REC 0.20 $280.00 APPEAL regarding obtaining record Phone call from local counsel regarding REC 0.20 $280.00 APPEAL service for obtaining copy of record Phone call to and letter to Alexa at First Nationwide Legal regarding details of REC 1.00 $280.00 APPEAL obtaining clerk's record on appeal; prepare check request; prepare FedEx airbill Letter to Court Reporter with payment for REC 0.20 $280.00 APPEAL transcript 5/7/2002 E-mail from FedEx regarding delivered REC 0.10 $280.00 APPEAL filing; e-mail from Eileen Kroll Conference with Richard E. Coleson JB 0.10 $385.00 APPEAL regarding status Conference with James Bopp, Jr. regarding REC 0.10 $280.00 APPEAL status 5/9/2002 REC Prepare opening brief 1.00 $280.00 NO CHARGE REC Prepare opening brief 1.00 $280.00 APPEAL 5/10/2002 REC Prepare opening brief and excerpts of record 0.60 $280.00 NO CHARGE Letter from Clerk of the Court with file- REC 0.20 $280.00 APPEAL marked copies; file away REC Prepare opening brief and excerpts of record 1.60 $280.00 NO CHARGE REC Prepare opening brief and excerpts of record 1.60 $280.00 APPEAL REC Prepare opening brief and excerpts of record 0.60 $280.00 APPEAL Phone call to Alexa at National; phone call REC 0.50 $280.00 APPEAL to Clerk of the Court; phone call to Alexa 5/14/2002 REC Prepare opening brief and excerpts of record 1.50 $280.00 NO CHARGE Letter from opposing counsel and review REC 0.20 $280.00 APPEAL response to transcript notice Check docket online for revised scheduling REC 0.20 $280.00 APPEAL order REC Prepare opening brief and excerpts of record 1.50 $280.00 APPEAL Legal research regarding Thomas and BTB 0.50 $170.00 APPEAL ripeness Conference with Benjamin T. Barr REC 0.20 $280.00 APPEAL regarding ripeness BTB Began review of Thomas and progeny 0.70 $170.00 APPEAL Conference with Richard E. Coleson BTB regarding reviewing Thomas and ripeness 0.20 $170.00 APPEAL requirements in 9th Circuit 5/15/2002 Conference with James Bopp, Jr. regarding REC 0.20 $280.00 APPEAL scope of appeal Review of 9th Circuit caselaw on standing BTB 1.50 $170.00 APPEAL and the effect of Thomas Work on Excerpts of Record and opening REC 0.70 $280.00 APPEAL brief Work on Excerpts of Record and opening REC 0.70 $280.00 NO CHARGE brief REC Work on brief 0.10 $280.00 NO CHARGE REC Work on opening brief 0.80 $280.00 NO CHARGE REC Work on brief 0.10 $280.00 APPEAL BTB Begin review of court decision below 0.70 $170.00 APPEAL REC Work on opening brief 0.80 $280.00 APPEAL Continued review of lower case decision BTB and Richard E. Coleson's argument on 1.50 $170.00 NO CHARGE ripeness below Conference with Richard E. Coleson JB 0.20 $385.00 APPEAL regarding scope of appeal Drafted initial notes on standing and BTB ripeness pursuant to Thomas and 9th Circuit 0.20 $170.00 APPEAL requirements 5/16/2002 REC Work on opening brief 1.50 $280.00 NO CHARGE REC Work on opening brief 1.20 $280.00 APPEAL Conference with Benjamin T. Barr REC 0.20 $280.00 APPEAL regarding ripeness and Thomas case REC Work on opening brief 1.50 $280.00 APPEAL Review of Auburn and its reliance on BTB Abbott to determine what rule of ripeness 1.00 $170.00 APPEAL the 9th Circuit has articulated Review of other District Court cases in 9th Circuit to review other ripeness evaluations BTB and how facial challenges, vagueness, 1.20 $170.00 APPEAL overbreadth have been dealt with in association with ripeness vis a vie Thomas Drafted memo to Richard E. Coleson regarding impact of Thomas, how the lower court interpreted it, and what we need to BTB 0.70 $170.00 APPEAL address on appeal for ripeness for preliminary considerations, copied and printed materials for his review REC Work on opening brief 1.20 $280.00 NO CHARGE Conference with Richard E. Coleson BTB 0.20 $170.00 APPEAL regarding ripeness and Thomas case 5/17/2002 REC Work on opening brief 1.10 $280.00 APPEAL REC Work on opening brief 1.10 $280.00 NO CHARGE REC Work on opening brief 2.00 $280.00 APPEAL REC Work on opening brief 2.00 $280.00 NO CHARGE 5/22/2002 REC Work on opening brief 0.60 $280.00 NO CHARGE REC Work on opening brief 1.50 $280.00 NO CHARGE REC Work on opening brief 0.60 $280.00 APPEAL REC Work on opening brief 1.50 $280.00 APPEAL 5/23/2002 REC Work on opening brief 1.20 $280.00 APPEAL REC Work on opening brief 1.10 $280.00 NO CHARGE REC Work on opening brief 1.20 $280.00 NO CHARGE REC Work on opening brief 1.10 $280.00 APPEAL 5/24/2002 REC Work on opening brief 1.00 $280.00 NO CHARGE REC Work on opening brief 2.10 $280.00 NO CHARGE REC Work on opening brief 1.00 $280.00 APPEAL REC Work on opening brief 2.10 $280.00 APPEAL 5/28/2002 REC Prepare opening brief 2.00 $280.00 APPEAL REC Prepare opening brief 2.00 $280.00 NO CHARGE 5/29/2002 REC Prepare opening brief 1.20 $280.00 APPEAL REC Prepare opening brief 1.50 $280.00 APPEAL Preparation of letter to Nationwide Service REC 0.20 $280.00 APPEAL with check for copies of record REC Prepare opening brief 1.50 $280.00 NO CHARGE REC Prepare opening brief 1.20 $280.00 NO CHARGE 5/30/2002 REC Prepare opening brief 1.10 $280.00 APPEAL Phone call from Tim Muscat regarding REC 0.20 $280.00 APPEAL service by fax and overnight Letter from Nationwide Service regarding REC 0.20 $280.00 APPEAL requested copies of record items REC Prepare opening brief 1.10 $280.00 NO CHARGE 5/31/2002 Review letter from T. Muscat confirming REC 0.20 $280.00 APPEAL agreement regarding service of briefs 6/3/2002 Preparation of letter to J. Sweeney regarding REC obtaining signature page of amended 0.20 $280.00 APPEAL complaint for appeal; fax from same 6/4/2002 REC Prepare opening Brief 1.30 $280.00 APPEAL REC Prepare opening Brief 1.30 $280.00 NO CHARGE REC Prepare opening Brief 1.60 $280.00 NO CHARGE REC Prepare opening Brief 1.60 $280.00 APPEAL 6/5/2002 REC Preparation of opening brief 1.50 $280.00 NO CHARGE REC Preparation of opening brief 2.00 $280.00 NO CHARGE REC Preparation of opening brief 1.50 $280.00 APPEAL REC Preparation of opening brief 2.00 $280.00 APPEAL 6/6/2002 REC Preparation of Opening Brief 4.20 $280.00 APPEAL REC Preparation of Opening Brief 4.50 $280.00 APPEAL REC Preparation of Opening Brief 2.00 $280.00 APPEAL 6/7/2002 JB Review draft of brief 0.70 $385.00 APPEAL Conference with James Bopp, Jr. regarding REC 0.20 $280.00 APPEAL brief revisions Conference with Richard E. Coleson JB 0.20 $385.00 APPEAL regarding revision of brief Preparation of Opening Brief and Excerpts REC 8.50 $280.00 APPEAL of Record 6/8/2002 REC Preparation of Opening Brief 3.30 $280.00 NO CHARGE REC Preparation of Opening Brief 3.30 $280.00 APPEAL 6/9/2002 REC Preparation of Opening Brief 0.10 $280.00 NO CHARGE REC Preparation of Opening Brief 0.10 $280.00 APPEAL 6/10/2002 REC Preparation of Opening Brief 6.10 $280.00 APPEAL Preparation of letter to Clerk of the Court; REC prepare Certificate of Service; coordinate 1.90 $280.00 APPEAL with copy shop 6/11/2002 Track packages and check with receptionist REC 0.20 $280.00 APPEAL that fax to opposition was completed 7/2/2002 Phone call from T. Muscat regarding REC 0.20 $280.00 APPEAL extension for briefing 7/19/2002 Phone call from counsel for Brennan Center and National Voting Rights Institute REC regarding leave for amici brief; conference 0.20 $280.00 APPEAL with James Bopp, Jr. regarding same and respond 7/24/2002 Review letter from Michael Small regarding REC 0.20 $280.00 APPEAL amicus curiae brief for Brennan Center 7/25/2002 REC Review letter from DOJ 0.10 $280.00 APPEAL Review letter from FPPC with Response REC 0.10 $280.00 APPEAL Briefs 7/26/2002 Conference with James Bopp, Jr. regarding REC 0.10 $280.00 NO CHARGE arguments for reply brief Conference with Richard E. Coleson JB 0.10 $385.00 APPEAL regarding arguments for reply brief Conference with James Bopp, Jr. regarding REC 0.10 $280.00 APPEAL arguments for reply brief 7/29/2002 Review FedEx package from Timothy REC Muscat with Coleson copy of brief and 0.20 $280.00 NO CHARGE appendix; scan and organize materials 7/29/2002 Read and annotate response briefs and cited REC 3.10 $280.00 APPEAL cases Read and annotate response briefs and cited REC 3.10 $280.00 NO CHARGE cases 7/30/2002 REC Review and annotate briefs and cases 0.60 $280.00 NO CHARGE REC Review and annotate briefs and cases 0.60 $280.00 APPEAL REC Prepare Reply Brief 1.00 $280.00 APPEAL REC Prepare notice for extension 1.20 $280.00 APPEAL REC Prepare Reply Brief 1.00 $280.00 NO CHARGE 7/31/2002 Review and annotate answering briefs and REC 0.50 $280.00 NO CHARGE cited cases, statutes, and regulations REC Prepare Reply Brief 0.90 $280.00 APPEAL REC Prepare Reply Brief 0.90 $280.00 NO CHARGE Review and annotate answering briefs and REC 0.50 $280.00 APPEAL cited cases, statutes, and regulations 8/1/2002 Legal research regarding cited provisions REC 0.50 $280.00 NO CHARGE from answering briefs Legal research regarding statutes and REC 0.50 $280.00 NO CHARGE regulations of PRA and reporting function Legal research regarding statutes and REC 0.50 $280.00 APPEAL regulations of PRA and reporting function Legal research regarding operation of code REC 0.70 $280.00 NO CHARGE and regulations as alleged in answering brief Legal research regarding cited provisions REC 0.50 $280.00 APPEAL from answering briefs Legal research regarding operation of code REC 0.70 $280.00 APPEAL and regulations as alleged in answering brief 8/2/2002 Review letter from Edward Lazarus with REC 0.10 $280.00 NO CHARGE amici curiae brief and scan same Study and annotate Brennan Center amicus REC 0.80 $280.00 NO CHARGE curiae brief Review letter from Edward Lazarus with REC 0.10 $280.00 APPEAL amici curiae brief and scan same Study and annotate Brennan Center amicus REC 0.80 $280.00 APPEAL curiae brief Legal research regarding cases cited by REC 1.20 $280.00 APPEAL amici curiae Legal research regarding cases cited by REC 1.20 $280.00 NO CHARGE amici curiae 8/15/2002 REC Work on Reply Brief 0.60 $280.00 NO CHARGE REC Review briefing 0.20 $280.00 NO CHARGE REC Work on Reply Brief 0.60 $280.00 APPEAL REC Review briefing 0.20 $280.00 APPEAL 8/16/2002 REC Work on Reply Brief 0.50 $280.00 NO CHARGE REC Work on Reply Brief 0.50 $280.00 APPEAL 8/23/2002 REC Work on Reply Brief 4.50 $280.00 APPEAL REC Work on Reply Brief 4.50 $280.00 NO CHARGE 8/24/2002 REC Check docket 0.20 $280.00 APPEAL 8/26/2002 REC Prepare Reply Brief 4.00 $280.00 APPEAL REC Prepare Reply Brief 4.00 $280.00 NO CHARGE REC Prepare Reply Brief 2.20 $280.00 NO CHARGE REC Prepare Reply Brief 2.20 $280.00 APPEAL 8/27/2002 REC Prepare Reply Brief 2.20 $280.00 APPEAL JB Review draft of Reply Brief 0.30 $385.00 NO CHARGE JB Review draft of Reply Brief 0.30 $385.00 APPEAL Conference with James Bopp, Jr. regarding REC 0.10 $280.00 APPEAL revision of draft of Reply Brief REC Prepare Reply Brief 1.50 $280.00 APPEAL Conference with Richard E. Coleson JB 0.10 $385.00 APPEAL regarding revision of draft of Reply Brief Conference with Richard E. Coleson JB 0.10 $385.00 NO CHARGE regarding revision of draft of Reply Brief REC Prepare Reply Brief 1.50 $280.00 NO CHARGE REC Prepare Reply Brief 2.20 $280.00 NO CHARGE 9/3/2002 Review letter from Clerk of the Court with REC 0.20 $280.00 APPEAL conformed Reply Brief and file same away 9/26/2002 Prepare e-mail to James Bopp, Jr. regarding REC 0.20 $280.00 NO CHARGE effect of ATA court decision Read e-mail from Richard E. Coleson JB 0.20 $385.00 NO CHARGE regarding ATA decision 10/16/2002 Update e-mail lists per e-mail requests from REC 0.20 $280.00 NO CHARGE John Miles and William Olson Conference with Richard E. Coleson regarding effect of ATA decision on case JB 0.20 $385.00 NO CHARGE and request to FPPC regarding binding nature Conference with James Bopp, Jr. regarding REC effect of ATA decision on case and request 0.20 $280.00 NO CHARGE to FPPC regarding binding nature Review letter from local counsel; respond REC and copy to Brian Johnston regarding trust 0.50 $280.00 NO CHARGE funds REC Review multiple e-mails from counsel 0.20 $280.00 APPEAL 10/29/2002 Phone call from Clerk of the Court's office REC 0.20 $280.00 APPEAL with Order that Court will retain jurisdiction 11/1/2002 Conference with Richard E. Coleson JB 0.20 $385.00 APPEAL regarding Court Order Conference with James Bopp, Jr. regarding REC 0.20 $280.00 APPEAL Court Order 11/2/2002 Review Order from Clerk of the Court; REC conference with James Bopp, Jr. regarding 0.20 $280.00 APPEAL same 11/18/2002 Conference with Richard E. Coleson JB 0.10 $385.00 APPEAL regarding Order from Court regarding panel Review Order from Court regarding panel; REC conference with James Bopp, Jr. regarding 0.20 $280.00 APPEAL same 12/12/2002 Conference with Richard E. Coleson JB regarding applicability of FPPC letter in 0.20 $385.00 NO CHARGE ATA case to use as Supplemental Authority Conference with James Bopp, Jr. regarding REC applicability of FPPC letter in ATA case to 0.20 $280.00 NO CHARGE use as Supplemental Authority 12/23/2002 Review Court Order setting argument; JB 0.50 $385.00 APPEAL respond to Clerk of the Court 1/2/2003 Review Order setting Oral Argument and REC 0.20 $280.00 APPEAL calendar 1/29/2003 Conference with Richard E. Coleson JB 0.20 $385.00 APPEAL regarding hearing Conference with James Bopp, Jr. regarding REC 0.20 $280.00 APPEAL hearing Review 7th Circuit Opinion on mootness in Majors v. Abell, and California Attorney REC General amicus curiae letter in Governor 1.00 $280.00 APPEAL Gray David Committee v. ATA case for possible use as Supplemental Authority 1/30/2003 Research and prepare Supplemental REC 3.50 $280.00 APPEAL Authority Review Order; conference with Richard E. JB Coleson regarding Supplemental Authority; 0.50 $385.00 APPEAL review draft of Supplemental Authority Review Order from Court regarding ATA REC case; conference with James Bopp, Jr. 0.20 $280.00 APPEAL regarding same Legal research regarding FPPC recognition REC 1.20 $280.00 APPEAL of case authority 2/3/2003 Research California courts regarding stare REC decisis and whether FPPC is bound by 3.00 $280.00 APPEAL appellate decision where it is not a party 2/6/2003 Conference with James Bopp, Jr. regarding REC Oral Argument and review previous hearing 0.50 $280.00 APPEAL transcript with him Conference with James Bopp, Jr. regarding REC 0.20 $280.00 APPEAL filing of voter guide by opposing counsel Conference with Richard E. Coleson JB 0.50 $385.00 APPEAL regarding oral argument Conference with Richard E. Coleson JB 0.20 $385.00 APPEAL regarding voter guide filing 2/7/2003 Prepare Oral Argument file for James Bopp, REC 2.20 $280.00 APPEAL Jr. JB Preparation for Oral Argument 3.00 $385.00 APPEAL 2/8/2003 JB Preparation for Oral Argument 2.00 $385.00 APPEAL 2/9/2003 JB Preparation for Oral Argument 3.00 $385.00 APPEAL 2/10/2003 Travel to San Francisco; prepare for Oral JB 10.00 $385.00 APPEAL Argument 2/11/2003 Preparation for Oral Argument; attend Oral JB 10.00 $385.00 APPEAL Argument; travel to Terre Haute 2/12/2003 Conference with James Bopp, Jr. regarding REC 0.20 $280.00 APPEAL oral argument Conference with Richard E. Coleson JB 0.20 $385.00 APPEAL regarding Oral Argument 2/26/2003 Review Court Opinion in Arizona Right to REC 0.70 $280.00 APPEAL for use as Supplemental Authority Review rules and prepare Supplemental REC 0.70 $280.00 APPEAL Authority citation of authority letter 5/8/2003 Conference with Richard E. Coleson JB 0.20 $385.00 $77.00 regarding Opinion Conference with James Bopp Jr. regarding REC 0.50 $280.00 $140.00 Opinion; review portion of Opinion Part 3 5/8/2003 JB Review 9th Circuit Opinion 1.00 $385.00 $385.00 JB Phone conference with Press 0.70 $385.00 $269.50 5/9/2003 REC Review portion of opinion 1.50 $280.00 $420.00 REC Finish review of 9th Circuit opinion 0.70 $280.00 $196.00 6/4/2003 Conference with Richard E. Coleson JB 0.20 $385.00 $77.00 regarding plan for proceeding with the case Review letter from 9th Circuit Clerk of the REC Court with copy of letter to District Court 0.20 $280.00 $56.00 and decree Conference with James Bopp, Jr. regarding REC 0.20 $280.00 $56.00 plan for proceeding with the case 6/11/2003 Phone call from Bob Leidigh regarding REC minute order for joint status report and 0.20 $280.00 $56.00 conference Review and annotate reported version of opinion with special attention to language REC regarding remand, expansion of the record, 1.50 $280.00 $420.00 compelling interests, and narrow tailoring discussions Phone call to Leidigh; phone call from REC James Bopp, Jr. regarding status report and 0.20 $280.00 $56.00 conference Phone conference with Richard E. Coleson JB 0.20 $385.00 $77.00 regarding status conference Send memo to James Bopp Jr. regarding REC 0.20 $280.00 $56.00 scope, relevance and burden Review order and calendar regarding status REC 0.30 $280.00 $84.00 report and conference 6/12/2003 Phone call from Bob Leidigh regarding REC 0.20 $280.00 $56.00 status conference report and conference Phone call to James Bopp, Jr. regarding availability for July 3rd teleconference; REC 0.20 $280.00 $56.00 check calendar and file for James Bopp, Jr. scheduling on July 3rd Review correspondence file and leave voice REC 0.20 $280.00 $56.00 mail for Bob Leidigh Phone conference with Richard E. Coleson JB 0.10 $385.00 $38.50 regarding schedule 6/13/2003 Review e-mail from/ prepare e-mail to REC Leidigh regarding status conference report 0.20 $280.00 $56.00 and conference Conference with James Bopp, Jr. regarding REC 0.20 $280.00 $56.00 joint status report and conference Conference with Richard E. Coleson JB 0.20 $385.00 $77.00 regarding status conference JB Phone conference with Client 0.20 $385.00 $77.00 7/3/2003 Phone call to Richard E. Coleson regarding JB 0.20 $385.00 $77.00 9th Circuit Opinion JB Phone call from Richard E. Coleson 0.10 $385.00 $38.50 Phone call from Robert Leidigh; phone call REC 0.20 $280.00 $56.00 to James Bopp, Jr. Phone conference with Leidigh, Woodlock, JB and Richard E. Coleson regarding joint 0.20 $385.00 $77.00 status report Phone conference with Leidigh, Woodlock, REC 0.20 $280.00 $56.00 Bopp, et al. regarding joint status report Review file, 9th Circuit opinion, REC 1.10 $280.00 $308.00 correspondence Phone call from James Bopp, Jr. regarding REC 0.20 $280.00 $56.00 9th Circuit Opinion REC E-mail to Robert Leidigh 0.20 $280.00 $56.00 7/8/2003 Review file and e-mail to opposing counsel REC 0.20 $280.00 $56.00 regarding joint status report JB Phone conference with Richard E. Coleson 0.20 $385.00 $77.00 Review draft of joint status conference REC 0.30 $280.00 $84.00 report REC Phone conference with James Bopp, Jr. 0.20 $280.00 $56.00 JB Attend teleconference with attorneys 0.50 $385.00 $192.50 Teleconference call regarding joint status REC 0.20 $280.00 $56.00 report Review draft of joint status conference REC 0.80 $280.00 $224.00 report; revise same E-mail from and to Leidigh regarding joint REC 0.20 $280.00 $56.00 status conference report Review e-mail / review Richard E. Coleson JB 0.50 $385.00 $192.50 e-mail REC E-mail to Woodlock 0.10 $280.00 $28.00 Prepare counter proposal for joint status REC 0.80 $280.00 $224.00 report REC E-mail to James Bopp, Jr. for review 0.20 $280.00 $56.00 7/9/2003 Conference with Richard E. Coleson JB regarding joint status conference report and 0.20 $385.00 $77.00 case plan JB Review draft of status report 0.20 $385.00 $77.00 Conference with James Bopp, Jr. regarding REC 0.20 $280.00 $56.00 joint status conference report and case plan Prepare e-mail to Larry Woodlock et al. REC 0.20 $280.00 $56.00 with revised draft of joint status report 7/10/2003 Revise joint status report and phone call REC 4.00 $280.00 $1,120.00 from and e-mail and fax to L. Woodlock Review e-mail from Woodlock and mail REC 0.20 $280.00 $56.00 signature page Review e-mail from, prepare e-mail to L. REC Woodlock regarding finalized joint status 0.20 $280.00 $56.00 report; print and scan same 7/11/2003 JB Review draft 0.20 $385.00 $77.00 7/14/2003 Conference with Richard E. Coleson JB regarding status conference and case 0.20 $385.00 $77.00 approach Conference with James Bopp, Jr. regarding REC 0.20 $280.00 $56.00 status conference and case approach 7/15/2003 Phone call from Larry Woodlock regarding REC 0.20 $280.00 $56.00 teleconference 7/16/2003 Conference with Richard E. Coleson JB 0.20 $385.00 $77.00 regarding local counsel Multiple correspondence with court, local counsel, opposing counsel, and James Bopp, REC 0.50 $280.00 $140.00 Jr. regarding permission to attend joint status conference by phone Conference with James Bopp, Jr. regarding local counsel; prepare e-mail to local REC 0.50 $280.00 NO CHARGE counsel Jim Sweeney; phone call to CPLC regarding obtaining new local counsel Prepare e-mail to Debbie Kiley regarding REC 0.20 $280.00 $56.00 preparing for joint status conference 7/17/2003 Phone call from and phone call to Debbie REC 0.20 $280.00 $56.00 Kiley regarding status conference 7/18/2003 Phone call from and to Debbie Kiley REC regarding additional information after 0.20 $280.00 $56.00 teleconference concluded Prepare e-mail to Jan Carroll at CPLC REC 0.10 $280.00 $28.00 regarding obtaining new local counsel Phone conference with Richard E. Coleson JB 0.50 $385.00 $192.50 regarding status conference E-mail from and to Robert Leidigh REC 0.10 $280.00 $28.00 regarding joint status conference Conference with James Bopp, Jr. regarding REC 0.30 $280.00 $84.00 status conference Prepare for and participate in joint status REC 320 $280.00 $896.00 conference 7/21/2003 Review e-mail from Jan Carroll regarding REC finding new local counsel and discovery 0.20 $280.00 NO CHARGE issues 7/25/2003 Review letter from Clerk of the Court with REC Joint Status Conference Order; review and 0.50 $280.00 $140.00 annotate same and calendar key dates 8/1/2003 REC Work on letter to Client regarding discovery 0.40 $280.00 $112.00 Review Request for Production of REC Documents and annotate thought regarding 1.10 $280.00 $308.00 scope, relevance and burden Work on response to Request for Production REC of Documents and letter to Clients and 0.70 $280.00 $196.00 James Bopp, Jr. regarding same Review file; phone call to Tahnya Ballard REC 0.20 $280.00 NO CHARGE regarding possible service as local counsel REC Review federal rules on discovery 0.20 $280.00 $56.00 Send memo to James Bopp Jr. regarding REC 0.30 $280.00 $84.00 scope, relevance and burden 8/4/2003 Conference with James Bopp, Jr. regarding REC 0.20 $280.00 $56.00 answer JB Review discovery request 0.20 $385.00 $77.00 Conference with Richard E. Coleson JB 0.20 $385.00 $77.00 regarding answer REC Review e-mail letter from Brian Johnston 0.20 $280.00 $56.00 8/5/2003 Prepare objections to document production REC 2.70 $280.00 $756.00 requests JB Review discovery request 0.60 $385.00 $231.00 Conference with Richard E. Coleson JB 0.40 $385.00 $154.00 regarding response to discovery request Conference with James Bopp, Jr regarding REC 0.40 $280.00 $112.00 response to discovery request Phone call from and e-mail to Tahnya REC 0.50 $280.00 NO CHARGE Ballard regarding local counsel service Conference with James Bopp, Jr. regarding REC 0.50 $280.00 $140.00 response to document production request Review local discovery rules regarding REC 0.20 $280.00 $56.00 objections 8/6/2003 Prepare objections to requests for REC 3.70 $280.00 $1,036.00 production of documents Revise letter objecting to document REC 0.20 $280.00 $56.00 production requests Review draft Objection to Discovery JB Request; conference with Richard E. 0.50 $385.00 $192.50 Coleson regarding revisions 8/8/2003 Phone call from Tahnya Ballard regarding REC 0.20 $280.00 NO CHARGE serving as general counsel 8/11/2003 Letter from Tahnya Ballard regarding REC 0.20 $280.00 NO CHARGE service as local counsel 8/12/2003 Prepare e-mail to CPLC Officials regarding REC 0.20 $280.00 $56.00 document requests Prepare e-mail to / review e-mail from REC Tahnya Ballard and prepare local counsel 0.20 $280.00 NO CHARGE agreement 8/13/2003 Phone call from Brian Johnston and e-mail REC to same with PDF attachments regarding 0.50 $280.00 $140.00 document requests and objections 8/14/2003 REC Prepare e-mail to Client and James Bopp, Jr. 0.40 $280.00 $112.00 Review letter from Robert Leidigh and send REC 0.70 $280.00 $196.00 responsive e-mail Review e-mail from Brian Johnston REC 0.10 $280.00 $28.00 regarding document discovery requests Review e-mail from Richard E. Coleson JB 0.20 $385.00 $77.00 regarding discovery Prepare memo to James Bopp, Jr. regarding REC 0.90 $280.00 $252.00 discovery Prepare e-mail to James Bopp, Jr. regarding REC e-mail from Brian Johnston regarding 0.10 $280.00 $28.00 document discovery requests 8/18/2003 Phone call from Jan Carroll regarding REC 0.20 $280.00 $56.00 discovery, e-mail from opposing counsel 8/19/2003 Conference with James Bopp, Jr. regarding REC 0.20 $280.00 $56.00 meet and confer and conference plans REC Phone call from Jan Carroll 0.20 $280.00 $56.00 Prepare e-mail to all counsel regarding meet REC 0.50 $280.00 $140.00 and confer session Provide materials to James Bopp, Jr. for REC 0.30 $280.00 $84.00 phone conference Conference with James Bopp, Jr. regarding REC 0.20 $280.00 $56.00 discovery Review correspondence from Attorney JB 0.50 $385.00 $192.50 General regarding discovery Conference with Richard E. Coleson JB 0.20 $385.00 $77.00 regarding meet and confer Retrieve correspondence and deliver to REC James Bopp, Jr. for review; conference with 0.20 $280.00 NO CHARGE James Bopp, Jr. Review e-mail from Tahnya Ballard; preparation of letter to Tahnya Ballard with REC 0.20 $280.00 NO CHARGE retainer agreement; phone call to Jan Carroll and leave voice mail Conference with Richard E. Coleson JB 0.20 $385.00 $77.00 regarding documents and discovery JB Review e-mail regarding meet and confer 0.20 $385.00 $77.00 Prepare e-mail to Tahnya Ballard and copy REC to Jan Carroll regarding local counsel 0.20 $280.00 NO CHARGE arrangements 8/20/2003 Prepare e-mails to opposing counsel and Jan REC Carroll regarding meet and confer 0.20 $280.00 $56.00 arrangements Phone call from Jan Carroll regarding REC 0.50 $280.00 $140.00 discovery issues Attend meet and confer conference with REC 2.00 $280.00 $560.00 counsel regarding document requests Phone conference with Jan Carroll and JB 0.50 $385.00 $192.50 Richard E. Coleson JB Attend telephonic meet and confer 2.00 $385.00 $770.00 JB Phone conference with Jan Carroll 0.50 $385.00 $192.50 JB Review e-mail regarding meet and confer 0.20 $385.00 $77.00 Conference with James Bopp, Jr. and Jan REC 0.50 $280.00 $140.00 Carroll regarding document requests 8/21/2003 Preparation of letter to opposing counsel REC regarding negotiated agreement from meet 5.00 $280.00 $1,400.00 and confer session Revise letter regarding negotiated agreement on document requests per James REC Bopp, Jr. requests; send same to local 0.50 $280.00 $140.00 counsel by mail and fax; e-mail same to Jan Carroll with cover letter 8/22/2003 Phone conference with Richard E. Coleson, JB 0.70 $385.00 $269.50 Carroll and CPLC bookkeeper Review letter from K. Gimple; annotate REC 0.20 $280.00 $56.00 same Prepare draft of response letter to Gimple REC 2.20 $280.00 $616.00 letter Revise letter to opposing counsel per James REC Bopp, Jr. editing and send to opposing 0.20 $280.00 $56.00 counsel Phone call from Jan Carroll; conference REC 0.20 $280.00 $56.00 with James Bopp, Jr. REC Begin work on response 0.40 $280.00 $112.00 Brief conference with James Bopp, Jr. REC 0.10 $280.00 $28.00 regarding response Preparation of letter to local counsel and REC CPLC staff regarding Wednesday 0.20 $280.00 $56.00 production Review e-mails from Jan Carroll and from REC 0.20 $280.00 $56.00 Kathryn Gimple JB Conference with Richard E. Coleson 0.10 $385.00 $38.50 Phone conference with Jan Carroll, the REC 0.70 $280.00 $196.00 CPLC bookkeeper and James Bopp, Jr. 8/25/2003 Prepare e-mail to Kathryn Gimple; conference with James Bopp, Jr. regarding REC 0.20 $280.00 $56.00 deposition; prepare e-mail to Brian Johnston regarding his deposition 8/26/2003 Brief conference with James Bopp, Jr. REC regarding document production; prepare e- 0.20 $280.00 $56.00 mail to Jan Carroll regarding same Review e-mail from/prepare e-mail to Jan REC 0.20 $280.00 $56.00 Carroll Phone call from Kathryn Gimple; phone call to Jan Carroll; phone call to James Bopp, REC 0.20 $280.00 $56.00 Jr.; phone call to Kathryn Gimple's secretary regarding document discovery Conference with James Bopp, Jr. and Jan REC 0.50 $280.00 $140.00 Carroll regarding document production Phone conference with Jan Carroll and JB 0.50 $385.00 $192.50 Richard E. Coleson regarding discovery Phone conference with Brian Johnston JB 0.50 $385.00 $192.50 regarding discovery visit Phone conference with Richard E. Coleson JB 0.20 $385.00 $77.00 regarding discovery visit Phone conference with Brian Johnston JB 0.20 $385.00 $77.00 regarding discovery visit Phone call from Kathryn Gimple; phone call REC 0.20 $280.00 $56.00 to James Bopp, Jr.; phone call to Jan Carroll Conference with Richard E. Coleson JB 0.20 $385.00 $77.00 regarding phone conference with Jan Carroll Prepare e-mail to Client and opposing REC counsel regarding arrangements for 0.20 $280.00 $56.00 document production 8/27/2003 Review e-mail from/prepare e-mail to REC 0.20 $280.00 $56.00 Leidigh and Woodlock JB Review e-mail regarding discovery 0.20 $385.00 $77.00 Phone conference with Brian Johnston and JB 0.20 $385.00 $77.00 Jan Carroll regarding request from FPPC Review e-mail from Jan Carroll regarding REC 0.20 $280.00 $56.00 document production Phone call from secretary to Kathryn REC Gimple regarding document production; 0.20 $280.00 $56.00 phone call to Jan Carroll regarding same Review 2 e-mails from/prepare e-mail to REC 0.20 $280.00 $56.00 Jan Carroll regarding document production 8/28/2003 Review file and correspondence and e-mail REC to Kathryn Gimple regarding deposition 0.20 $280.00 $56.00 dates Conference with James Bopp, Jr. regarding REC 0.20 $280.00 $56.00 discovery Conference with James Bopp, Jr. and joint REC phone call to Jan Carroll regarding 0.50 $280.00 $140.00 discovery issues Phone call to Jan Carroll regarding REC 0.50 $280.00 $140.00 discovery issues Draft letter to opposing counsel regarding REC confidentiality agreement for disclosed 0.50 $280.00 $140.00 donor name Send letter to opposing counsel regarding REC confidentiality designation and draft agreed 1.70 $280.00 $476.00 Protective Order Phone conference with Jan Carroll and JB 0.50 $385.00 $192.50 Richard E. Coleson regarding discovery Review draft letter regarding Protective JB 0.20 $385.00 $77.00 Order Conference with Richard E. Coleson JB 0.20 $385.00 $77.00 regarding discovery 8/29/2003 Conference with James Bopp, Jr. regarding REC 0.20 $280.00 $56.00 revision of Protective Order Review file and correspondence and e-mail REC 0.20 $280.00 $56.00 to Brian Johnston regarding deposition date Review letter from opposing counsel REC regarding obtaining donor database; memo 0.20 $280.00 $56.00 to James Bopp, Jr. regarding same JB Review draft Protective Order 0.50 $385.00 $192.50 JB Review draft Protective Order 0.20 $385.00 NO CHARGE Conference with Richard E. Coleson JB 0.20 $385.00 $77.00 regarding revision of Protective Order Review e-mail from / prepare e-mail to REC James Sweeney regarding substitution of 0.20 $280.00 NO CHARGE local counsel Revise draft of agreed Protective Order and REC e-mail all counsel and Clients regarding 0.50 $280.00 $140.00 discovery issues 9/2/2003 JB Review letter from FPPC 0.20 $385.00 $77.00 Receive and review copies of document REC 0.20 $280.00 $56.00 production from Jan Carroll Prepare e-mails to counsel and phone REC conference with Jan Carroll regarding 0.50 $280.00 $140.00 discovery issues JB Review voice mail from Brian Johnston 0.20 $385.00 $77.00 Review e-mail from/prepare e-mail to Jan REC 0.20 $280.00 $56.00 Carroll regarding discovery Phone call to Richard E. Coleson regarding JB 0.20 $385.00 $77.00 requests for database and electronic reports Review e-mail from/prepare e-mail to Jan REC 0.20 $280.00 $56.00 Carroll regarding discovery issue Correspondence and phone calls with Jan REC Carroll and FPPC regarding document 0.70 $280.00 $196.00 production JB Phone conference with Brian Johnston 0.20 $385.00 $77.00 JB Review letter from FPPC 0.20 $385.00 NO CHARGE JB Review e-mail from Richard E. Coleson to 0.20 $385.00 $77.00 FPPC Phone call from James Bopp, Jr. regarding REC 0.20 $280.00 $56.00 requests for database and electronic reports Prepare e-mail letter to opposing counsel regarding requests for documents in REC 0.70 $280.00 $196.00 electronic form; phone call to Jan Carroll regarding same 9/3/2003 REC Phone call to Jan Carroll 0.10 $280.00 $28.00 REC Review e-mail from James Bopp, Jr. 0.10 $280.00 $28.00 REC Phone call from Brian Johnston 0.20 $280.00 $56.00 REC Phone call to Brian Johnston 0.10 $280.00 $28.00 REC Phone call from James Bopp, Jr. 0.10 $280.00 $28.00 Phone call to Jan Carroll regarding REC 0.10 $280.00 $28.00 discovery Review e-mails regarding deposition from JB 0.20 $385.00 $77.00 Richard E. Coleson Review e-mail from Brian Johnston and REC forward same to James Bopp, Jr. with 0.20 $280.00 $56.00 comments Phone conference with David O'Steen JB 0.20 $385.00 $77.00 regarding discovery Review e-mail from Richard E. Coleson JB 0.20 $385.00 $77.00 regarding discovery Review e-mail from/prepare e-mail to REC 0.20 $280.00 $56.00 James Bopp, Jr. regarding discovery issues Phone conference with Richard E. Coleson JB 0.20 $385.00 $77.00 regarding discovery 9/4/2003 Review e-mail from Kathryn Gimple; effort REC 0.20 $280.00 $56.00 to reach Jan Carroll by phone Conference with James Bopp, Jr. regarding REC discovery issues and e-mail to Clients 0.20 $280.00 $56.00 regarding same Phone call from Jan Carroll regarding REC 0.20 $280.00 $56.00 discovery Review e-mail from Brian Johnston; REC conference with James Bopp, Jr. regarding 0.20 $280.00 $56.00 same; effort to reach Jan Carroll by phone Phone conference with Brian Johnston and REC 0.50 $280.00 $140.00 James Bopp, Jr. regarding discovery issues Conference with Richard E. Coleson JB regarding e-mail to Client regarding 0.20 $385.00 $77.00 discovery Phone conference with Brian Johnston JB 0.50 $385.00 $192.50 regarding discovery Review draft letter regarding discovery to JB 0.20 $385.00 $77.00 FPPC Draft letter to opposing counsel and REC conference with James Bopp, Jr. regarding 0.50 $280.00 $140.00 same 9/8/2003 E-mail from and to Tahnya Ballard REC 0.10 $280.00 NO CHARGE regarding local counsel service Review e-mail from/to Jan Carroll REC 0.10 $280.00 $28.00 regarding discovery Review letter from Jan Carroll with REC 0.20 $280.00 $56.00 discovery documents and review same E-mail to defense counsel regarding agreed REC 0.10 $280.00 $28.00 Protective Order Prepare e-mails to opposing counsel, James REC Bopp, Jr., and Brian Johnston regarding 1.00 $280.00 $280.00 depositions; phone call to Brian Johnston regarding same Review e-mail from Brian Johnston REC 0.20 $280.00 $56.00 regarding depositions E-mail from and to Brian Johnston REC 0.20 $280.00 $56.00 regarding depositions E-mail from and to James Bopp, Jr. REC 0.10 $280.00 $28.00 regarding depositions Send e-mail to Richard E. Coleson and JB review Coleson e-mail regarding Protective 0.20 $385.00 $77.00 Order E-mail to James Sweeney and Tahnya REC 0.20 $280.00 NO CHARGE Ballard regarding local counsel substitution Letter from opposing counsel with further REC document requests, interrogatories, and 0.20 $280.00 $56.00 deposition notices Review file and calendar; calculate and REC 0.20 $280.00 $56.00 record discovery due dates 9/9/2003 Prepare e-mail to James Bopp, Jr., Brian REC Johnston, and all counsel regarding 0.10 $280.00 $28.00 deposition scheduling Review e-mail from James Bopp, Jr. REC 0.10 $280.00 $28.00 regarding Brian Johnston's depositions 9/10/2003 REC Review letter to Gimple regarding discovery 0.20 $280.00 $56.00 Conference with James Bopp, Jr. regarding REC 0.20 $280.00 $56.00 discovery issues Letter to opposing counsel regarding discovery; discuss with James Bopp, Jr.; REC 2.00 $280.00 $560.00 revise and send same; letter to Client regarding discovery Draft letter to opposing counsel regarding REC supplemental document requests; fax, mail, 0.50 $280.00 $140.00 and e-mail same Review letters and conference with Richard JB E. Coleson regarding additional discovery 0.50 $385.00 $192.50 requests Conference with Richard E. Coleson JB 0.40 $385.00 $154.00 regarding discovery request to Defendants REC Prepare discovery requests for Defendants 0.70 $280.00 $196.00 JB Review draft letter to Attorney General 0.20 $385.00 $77.00 9/11/2003 Review e-mail from local counsel; review REC substitution of counsel filing draft; e-mail to 0.20 $280.00 NO CHARGE local counsel Finalize stipulation on Protective Order; REC preparation of letter to K. Gimple regarding 0.20 $280.00 $56.00 same REC Preparation of letter to opposing counsel 0.30 $280.00 $84.00 Serve discovery requests by fax, mail, and e- REC 0.10 $280.00 NO CHARGE mail Review e-mail from and to K. Gimple REC 0.20 $280.00 $56.00 regarding phone conversation Draft discovery requests; conference with REC 1.00 $280.00 $280.00 James Bopp, Jr. regarding same Revise discovery requests per James Bopp, REC 0.60 $280.00 $168.00 Jr. request JB Review draft discovery request 0.20 $385.00 $77.00 Review e-mail from Tahnya Ballard to Jim Sweeney and response regarding REC 0.20 $280.00 NO CHARGE substitution of counsel; e-mail to Sweeney regarding same Revise and finalize agreed Protective Order; prepare Motion for Order; consult with REC James Bopp, Jr. regarding drafts and case 1.00 $280.00 $280.00 issues; preparation of letter to opposing counsel and local counsel regarding same Legal research: review Complaint and REC 0.50 $280.00 $140.00 Memorandum in Conference with Richard E. Coleson JB 0.50 $385.00 $192.50 regarding discovery proposal Phone call from Kathryn Gimple regarding REC 0.20 $280.00 $56.00 discovery Conference with James Bopp, Jr. regarding REC 0.20 $280.00 $56.00 Gimple phone call 9/12/2003 REC Phone call from Tahnya Ballard 0.20 $280.00 $56.00 Prepare e-mail to Tahnya Ballard regarding REC 0.20 $280.00 $56.00 joint status report and conference Prepare e-mail to James Sweeney, Brian Johnston, Tahnya Ballard, et al. regarding REC substitution; review e-mail from J. 0.50 $280.00 NO CHARGE Sweeney; review e-mail from T. Ballard regarding same Examine supplemental document requests; examine referenced documents and REC 0.70 $280.00 $196.00 annotate; phone call to Jan Carroll regarding same Legal research: finish review REC 0.20 $280.00 $56.00 case Phone call from Jan Carroll and prepare e- REC 0.20 $280.00 $56.00 mail to Kathryn Gimple Review e-mail from/prepare e-mail to REC 0.20 $280.00 $56.00 Kathryn Gimple regarding discovery Conference with Richard E. Coleson JB 0.20 $385.00 $77.00 regarding discovery issues Review e-mail from Tahnya Ballard; prepare e-mail to T. Ballard and Jim REC 0.20 $280.00 NO CHARGE Sweeney regarding local counsel substitution Review e-mail from/prepare e-mail to Jan REC 0.20 $280.00 $56.00 Carroll regarding discovery progress Review e-mail from Jim Sweeney regarding REC substitution; prepare e-mail to Tahnya 0.50 $280.00 NO CHARGE Ballard regarding same Prepare e-mail to Kathryn Gimple and Jan REC 0.50 $280.00 $140.00 Carroll regarding discovery issues JB Review e-mails regarding discovery 0.50 $385.00 $192.50 Conference with James Bopp, Jr. regarding REC 0.20 $280.00 $56.00 discovery issues 9/15/2003 Review letter from T. Ballard; scan and file REC executed agreement for service as local 0.20 $280.00 NO CHARGE counsel E-mail from FedEx confirming delivery to REC 0.10 $280.00 NO CHARGE T. Ballard regarding counsel substitution E-mail from, to, and from Silvest at CPLC REC 0.10 $280.00 $28.00 regarding discovery Phone call from Silvest; e-mail from and to REC 0.70 $280.00 $196.00 local counsel; e-mail to K. Gimple Review e-mail from James Bopp, Jr.; REC prepare e-mail to K. Gimple; prepare e-mail 0.20 $280.00 $56.00 to to Silvest regarding discovery 9/16/2003 Review e-mail from local counsel regarding REC 0.10 $280.00 $28.00 depositions Prepare e-mail to K. Gimple regarding REC 0.20 $280.00 $56.00 discovery Review e-mail from Richard E. Coleson JB 0.10 $385.00 $38.50 regarding depositions REC Review local rules 0.20 $280.00 $56.00 E-mail to James Bopp, Jr. regarding REC 0.20 $280.00 $56.00 depositions 9/17/2003 Review fax from local counsel and review REC 0.20 $280.00 $56.00 requests for admissions E-mail from and to K. Gimple regarding REC 0.20 $280.00 $56.00 discovery; e-mail to Sylvest REC Phone call from Sylvest regarding discovery 0.20 $280.00 $56.00 E-mail from K. Gimple regarding REC 0.20 $280.00 $56.00 admissions REC Review correspondence and organize files 0.10 $280.00 NO CHARGE 9/18/2003 Conference with Richard E. Coleson JB 0.20 $385.00 $77.00 regarding depositions Conference with James Bopp, Jr. regarding REC 0.20 $280.00 $56.00 depositions 9/19/2003 Conference with James Bopp, Jr. regarding REC 0.10 $280.00 $28.00 response JB Review Notice of Hearing 0.20 $385.00 $77.00 Conference with Richard E. Coleson JB 0.20 $385.00 $77.00 regarding response Review local rules; conference with Richard JB 0.20 $385.00 $77.00 E. Coleson regarding response Review draft motion regarding status JB 0.20 $385.00 $77.00 conference Multiple conferences and correspondence REC with James Bopp, Jr., opposing counsel, 1.60 $280.00 $448.00 local counsel, Court and Client Prepare and revise Motion and REC Memorandum regarding advancing status 6.60 $280.00 $1,848.00 conference 9/22/2003 REC Work on discovery request responses 1.50 $280.00 $420.00 REC Review local rules and orders 0.30 $280.00 $84.00 Work on discovery and Summary Judgment REC 0.90 $280.00 $252.00 planning REC File and organize materials 0.20 $280.00 NO CHARGE 9/23/2003 Conference with Richard E. Coleson JB 0.20 $385.00 $77.00 regarding response to discovery opposition E-mail from and to local counsel regarding REC 0.20 $280.00 $56.00 case issues Review two filings from opposing counsel REC regarding discovery; conference with James 0.20 $280.00 $56.00 Bopp, Jr. regarding same E-mail from and to local counsel regarding REC 0.20 $280.00 $56.00 discovery E-mail to Kathryn Gimple regarding Joint REC 0.20 $280.00 $56.00 Status Report E-mail exchanges with Kathryn Gimple REC 0.20 $280.00 $56.00 regarding discovery JB Review pleadings by Defendant 0.20 $385.00 $77.00 9/24/2003 Conference with Richard E. Coleson JB 0.20 $385.00 $77.00 regarding Motion to Advance Phone conference with Richard E. Coleson JB 0.20 $385.00 $77.00 regarding reply to Motion to Advance Review Opposition to Advance Status JB 0.20 $385.00 $77.00 Conference Phone call to James Bopp, Jr. regarding REC 0.30 $280.00 $84.00 Reply REC Preparation of letter to Clerk of the Court 0.50 $280.00 $140.00 REC File and serve Reply 0.30 $280.00 $84.00 E-mail from Larry Woodlock regarding REC joint status conference report and draft of 0.20 $280.00 $56.00 same Review Opposition to Motion to Advance Status Conference; conference with James REC 0.20 $280.00 $56.00 Bopp Jr. regarding reply on Motion to Advance Status Conference 9/24/2003 REC Work on Reply 0.50 $280.00 $140.00 E-mail to local counsel regarding discovery REC 0.40 $280.00 $112.00 dispute and fax opposition to same Prepare Reply on Motion to Advance Status REC 3.00 $280.00 $840.00 Conference 9/25/2003 Phone call to Larry Woodlock (2x) REC 0.20 $280.00 $56.00 regarding status report Phone conference with Richard E. Coleson JB 0.20 $385.00 $77.00 regarding Motion to Advance REC Worked on joint status report 0.50 $280.00 $140.00 REC E-mail to local counsel 0.10 $280.00 $28.00 REC E-mail from local counsel 0.10 $280.00 $28.00 REC Phone call from Sylvest regarding discovery 0.50 $280.00 $140.00 Review Order denying Motion to Advance REC 0.40 $280.00 $112.00 status conference Phone call to James Bopp, Jr. regarding REC Order denying Motion to Advance status 0.10 $280.00 $28.00 conference 9/26/2003 Review draft of joint status conference REC 0.20 $280.00 $56.00 report E-mail from local counsel and to James REC 0.20 $280.00 $56.00 Bopp, Jr. regarding discovery, etc. REC Phone call from Larry Woodlock 0.20 $280.00 $56.00 E-mail from Larry Woodlock and e-mail to REC 0.10 $280.00 $28.00 same Phone call from Maureen Price regarding REC 0.20 $280.00 $56.00 telephonic attendance at hearing Conference with Richard E. Coleson JB regarding statement for joint status 0.20 $385.00 $77.00 conference report Reviewed e-mail from Richard E. Coleson JB 0.20 $385.00 $77.00 regarding joint status report REC E-mail to Larry Woodlock regarding report 0.20 $280.00 $56.00 Efforts to reach courtroom deputy for REC Magistrate Judge Hollows; phone call to 0.30 $280.00 $84.00 Judge Hollows chambers JB Review e-mail from Doug Drury 0.50 $385.00 $192.50 REC E-mail from local counsel 0.20 $280.00 $56.00 REC Worked on responses to discovery requests 0.30 $280.00 $84.00 JB Review joint status report 0.20 $385.00 $77.00 E-mail letter to Kathryn Gimple regarding REC 0.20 $280.00 $56.00 timing of discovery production Draft statement for joint status conference REC report 1.30 $280.00 $364.00 Worked on letter to Maureen Price regarding telephonic participation; e-mail to REC all counsel and from FPPC regarding 0.50 $280.00 $140.00 objections to same Conference with James Bopp, Jr. regarding REC 0.20 $280.00 $56.00 statement for joint status conference report Revise statement for joint status conference REC 2.10 $280.00 $588.00 report Prepare fax letter to Valery Callen regarding REC attending hearing by phone; review file; 0.70 $280.00 $196.00 send revised letter to Ms. Callen Phone call from Valery Callen regarding REC telephonic participation in Motion to 0.20 $280.00 $56.00 Compel hearing E-mail to local counsel and James Bopp, Jr. REC 0.20 $280.00 $56.00 regarding same 9/29/2003 Conference with James Bopp, Jr. regarding REC 0.20 $280.00 $56.00 discovery Prepare draft responses to outstanding REC 1.50 $280.00 $420.00 discovery requests E-mail to staff at CPLC regarding discovery REC 0.20 $280.00 $56.00 issues Phone call from Sylvest regarding discovery REC production and conference with James 0.50 $280.00 $140.00 Bopp, Jr. regarding same E-mail to courtroom deputy clerks for REC 0.30 $280.00 $84.00 Damrell and Hollows Letter to Sylvest at CPLC regarding REC 0.40 $280.00 $112.00 discovery needs REC Review correspondence with Gimple 0.20 $280.00 $56.00 Prepare responses to outstanding discovery REC 1.40 $280.00 $392.00 requests Conference with Richard E. Coleson JB 0.20 $385.00 $77.00 regarding discovery production Conference with Richard E. Coleson JB 0.20 $385.00 $77.00 regarding discovery Review mail service of multiple filings and REC 0.20 $280.00 $56.00 orders JB Review draft discovery response 0.20 $385.00 $77.00 E-mail to Gimple and phone call from same REC 0.30 $280.00 $84.00 regarding hearing report 9/30/2003 Conference with James Bopp, Jr. regarding REC 0.20 $280.00 $56.00 discovery issues E-mail to Jan Carroll regarding requests for REC 0.40 $280.00 $112.00 admissions REC Calendar schedule for prosecuting case 0.10 $280.00 $28.00 Correspondence with opposing counsel, REC local counsel, and Clients regarding 1.00 $280.00 $280.00 discovery issues Conference with Richard E. Coleson JB 0.20 $385.00 $77.00 regarding Motion to Compel REC Phone call from Brian Johnston 0.10 $280.00 $28.00 REC Work on Motion for Summary Judgment 0.60 $280.00 $168.00 REC Phone call from Sylvest regarding discovery 0.20 $280.00 $56.00 E-mail from and to local counsel; e-mail REC 0.20 $280.00 $56.00 from and to local counsel and to Clients E-mail from and to K. Gimple regarding REC 0.20 $280.00 $56.00 discovery; phone call from Brian Johnston Review file and e-mail correspondence and collect information for James Bopp, Jr. and REC 0.60 $280.00 $168.00 local counsel use in hearing on Motion to Compel Conference with James Bopp, Jr. regarding REC information for use in hearing on Motion to 0.20 $280.00 $56.00 Compel Conference with Richard E. Coleson JB 0.20 $385.00 $77.00 regarding discovery issues REC Review rules and order 0.40 $280.00 $112.00 Legal research regarding major purpose test REC in recent 4th Circuit opinion in North 0.50 $280.00 $140.00 Carolina Right to Life case 10/1/2003 Conference with Richard E. Coleson JB 0.10 $385.00 $38.50 regarding discovery issues Review e-mail from Court JB 0.20 $385.00 $77.00 Conference with Richard E. Coleson JB regarding efforts to continue the hearing on 0.20 $385.00 $77.00 the Motion to Compel Prepare chronology of efforts to set depositions; prepare file for James Bopp, Jr. REC 1.70 $280.00 $476.00 use; e-mail and fax to local counsel with correspondence materials for hearing Preparation of letter to local counsel with copies of Notices of Deposition and REC Hearing; preparation of letter to Brian 0.20 $280.00 $56.00 Johnston regarding preparation for depositions Finalize file for James Bopp, Jr. for hearing REC on Motion to Compel and Memorandum to 0.20 $280.00 $56.00 same Conference with James Bopp, Jr. regarding REC discovery issues; e-mail to Sylvest regarding 0.20 $280.00 $56.00 same Phone call from receptionist regarding notice by K. Gimple's secretary regarding efforts to continue the hearing on the note; e- REC mail to local counsel regarding same; 0.50 $280.00 $140.00 conference with James Bopp, Jr. regarding same; e-mail from local counsel regarding same Phone call from Tahnya Ballard regarding REC 0.20 $280.00 $56.00 discovery issues Fax from K. Gimple with re-noticed Motion REC 0.10 $280.00 $28.00 to Compel E-mails from Jan Carroll and Sylvest REC 0.20 $280.00 $56.00 regarding discovery issues REC E-mail to K. Gimple 0.20 $280.00 $56.00 10/2/2003 Conference with James Bopp, Jr. regarding REC discovery issues and coming status 0.40 $280.00 $112.00 conference Prepare material for James Bopp, Jr. for REC 0.40 $280.00 $112.00 status conference JB Preparation for status conference 1.00 $385.00 $385.00 JB Review draft letter to Attorney General 0.20 $385.00 $77.00 Phone call from Sylvest regarding discovery REC 0.50 $280.00 $140.00 issues JB Phone conference with Judge 0.50 $385.00 $192.50 Conference with Richard E. Coleson JB 0.20 $385.00 $77.00 regarding discovery issues Preparation of letter to opposing counsel REC 0.40 $280.00 $112.00 regarding setting deposition dates 10/3/2003 Attend status conference with Judge REC Damrell; conference with James Bopp, Jr. 0.40 $280.00 $112.00 regarding conference REC Phone call from local counsel 0.10 $280.00 $28.00 Conference with James Bopp, Jr. regarding discovery and status conference; prepare REC 0.50 $280.00 $140.00 material for James Bopp, Jr. for status conference Prepare document request and REC 0.40 $280.00 $112.00 interrogatories due on Oct. 6 E-mail and letter to opposing counsel; serve opposing counsel with online donor file and REC 0.50 $280.00 $140.00 two discovery responses regarding Summary Judgment and trial Conference with Richard E. Coleson JB 0.20 $385.00 $77.00 regarding discovery conference JB Reviewed e-mail from Richard E. Coleson 0.20 $385.00 $77.00 Lengthy e-mail from K. Gimple; e-mail to REC James Bopp, Jr. regarding same; e-mail to 1.00 $280.00 $280.00 Sylvest regarding same; work on response 10/6/2003 Worked on letter to opposing counsel REC 0.50 $280.00 $140.00 regarding discovery Review James Bopp, Jr.'s calendar regarding REC 0.20 $280.00 NO CHARGE available dates Worked on letter to opposing counsel regarding discovery; conference with James REC 1.70 $280.00 $476.00 Bopp, Jr. (2x) and revise letter per James Bopp, Jr. request Preparation of letter to opposing counsel REC 0.70 $280.00 $196.00 regarding joint statement preparation JB Review e-mail from Attorney General 0.20 $385.00 $77.00 Conference with Richard E. Coleson JB regarding response to e-mail and request to 0.70 $385.00 $269.50 extend discovery Review local rules regarding discovery and REC 0.20 $325.00 NO CHARGE Motions to Compel Worked on draft language for use in joint REC 0.50 $280.00 $140.00 report for hearing on Motion to Compel JB Revise letter to Attorney General 0.20 $385.00 $77.00 Conference with Richard E. Coleson JB 0.70 $385.00 $269.50 regarding discovery plan Phone conference with Richard E. Coleson JB 0.20 $385.00 $77.00 regarding status conference report Review letter from K. Gimple and annotate REC 0.20 $280.00 $56.00 responses Conference with James Bopp, Jr. regarding REC 0.70 $280.00 $196.00 e-mail from K. Gimple and discovery plan Review letter from Clerk with Minute Order REC 0.20 $280.00 $56.00 and review same Conference with James Bopp, Jr. regarding REC Motion to Compel, joint statement, notice, 0.40 $280.00 $112.00 and meet and confer requirements 10/7/2003 JB Review draft letter to Attorney General 0.20 $385.00 $77.00 JB Review e-mail from Attorney General 0.20 $385.00 $77.00 Conference with James Bopp, Jr. regarding REC 0.20 $280.00 $56.00 response JB Review e-mail from Attorney General 0.20 $385.00 NO CHARGE Conference with Richard E. Coleson JB 0.20 $385.00 $77.00 regarding response 10/8/2003 E-mail from Robert Leidigh with executed REC 0.20 $280.00 $56.00 and filed copy of Agreed Protective Order 10/13/2003 Review declaration and statement of K. REC 0.20 $280.00 $56.00 Gimple regarding Motion to Compel Conference with James Bopp, Jr. regarding REC 0.50 $280.00 $140.00 response to Motion to Compel document Conference with Richard E. Coleson JB 0.20 $385.00 $77.00 regarding response Review status conference report from JB 0.30 $385.00 $115.50 Attorney General REC Prepare response 6.00 $280.00 $1,680.00 JB Review our status conference report 0.50 $385.00 $192.50 Preparation of letter to opposing counsel; REC preparation of letter to Clerk of the Court; 2.00 $280.00 $560.00 file and serve 10/14/2003 REC File documents and organize file 0.20 $280.00 NO CHARGE REC E-mail from local counsel 0.20 $280.00 $56.00 REC Review discovery responses by FPPC 0.70 $280.00 $196.00 Conference with Richard E. Coleson JB 0.40 $385.00 $154.00 regarding discovery (2x) REC Finalize admissions draft 0.70 $280.00 $196.00 Review correspondence in case regarding REC 0.60 $280.00 $168.00 earlier production, alleged flaws in data REC Fax letter to B. Johnston 0.10 $280.00 NO CHARGE REC Phone call from Brian Johnston 0.20 $280.00 $56.00 REC Review discovery production 1.80 $280.00 $504.00 Review opposition to Motion to Compel and REC 0.20 $280.00 $56.00 file materials used Letter from Attorney General and letter REC 0.30 $280.00 $84.00 from FPPC Analyze data in donor database and run REC 1.80 $280.00 $504.00 annual numbers Letter to Valery Callen regarding attending REC 0.10 $280.00 $28.00 Motion to Compel hearing by telephone Serve FPPC attorneys again with e-service REC that failed (regarding opposition to Motion 0.50 $280.00 $140.00 to Compel) E-mail from and to CPLC bookkeeper REC 0.20 $280.00 $56.00 regarding discovery Conference with James Bopp, Jr. regarding REC 0.20 $280.00 $56.00 discovery Conference with James Bopp, Jr. regarding REC 0.20 $280.00 $56.00 discovery issues 10/15/2003 REC Fax admissions to opposing counsel 0.20 $280.00 $56.00 Work on responses to Complaints by REC 0.30 $280.00 $84.00 opposing counsel Conference with James Bopp, Jr. regarding REC 0.30 $280.00 $84.00 discovery and admissions Conference with Richard E. Coleson JB 0.20 $385.00 $77.00 regarding discovery and admissions Prepare outline for Motion to Compel REC 0.50 $280.00 $140.00 hearing REC Review discovery correspondence 0.80 $280.00 $224.00 E-mail from and to CPLC bookkeeper REC 0.20 $280.00 $56.00 regarding discovery production issues Analyze discovery materials in preparation REC 1.90 $280.00 $532.00 for Motion to Compel hearing Analyze discovery materials (e.g. campaign REC finance tax returns with data in donor 2.20 $280.00 $616.00 database and ledger sheets) Prepare outline and review materials for REC 2.50 $280.00 $700.00 hearing on Motion to Compel Attend telephonic hearing on Motion to REC Compel; phone call to James Bopp, Jr. 0.30 $280.00 $84.00 regarding hearing 10/16/2003 Conference with James Bopp, Jr. regarding REC 0.20 $280.00 $56.00 status conference Conference with Richard E. Coleson JB 0.20 $385.00 $77.00 regarding status conference 10/20/2003 JB Review subpoena 0.20 $385.00 $77.00 Conference with Richard E. Coleson JB regarding response to subpoena 0.20 $385.00 $77.00 Review Defendant Lockyer's responses to REC CPLC's interrogatories and document 0.20 $280.00 $56.00 request Review second admissions request and REC calendar; review other correspondence from 0.10 $280.00 $28.00 counsel; review order extending discovery for six months; file all Phone call from CPLC bookkeeper REC 0.20 $280.00 $56.00 regarding production of donor database E-mail to local counsel and to Larry Woodlock regarding tax audit materials; e- REC 0.20 $280.00 $56.00 mail from and to Larry Woodlock regarding tax audit materials Review e-mail from local counsel regarding REC subpoena for tax records and memo to 0.20 $280.00 $56.00 James Bopp, Jr. regarding same Conference with James Bopp, Jr. regarding REC 0.20 $280.00 $56.00 subpoena to tax authority 10/21/2003 E-mail from local counsel and letter from Clerk with Order from Magistrate; e-mail REC 0.50 $280.00 $140.00 from Larry Woodlock; scan 2nd amended scheduling order 10/22/2003 E-mail from CPLC bookkeeper regarding REC document questions; work on discovery to 0.20 $280.00 $56.00 Defendants JB Review Orders of District Court 0.20 $385.00 $77.00 Conference with Richard E. Coleson JB 0.20 $385.00 $77.00 regarding data base JB Preparation of Discovery Request 1.00 $385.00 $385.00 Conference with James Bopp, Jr. regarding REC 0.20 $280.00 $56.00 document production status Phone call to and e-mail to CPLC REC 0.30 $280.00 $84.00 bookkeeper E-mail from CPLC bookkeeper with data REC 0.20 $280.00 $56.00 files; download and unzip same REC Phone call from bookkeeper 0.40 $280.00 $112.00 Review discovery documents data in various REC formats and compare with prior discovery 2.10 $280.00 $588.00 production Phone call from Sylvest regarding document REC 0.20 $280.00 $56.00 production data Evaluate data from CPLC bookkeeper; prepare letter to opposing counsel regarding REC 2.00 $280.00 $56.00 document production; e-mails and phone conferences with CPLC bookkeeper 10/23/2003 Research discovery used in challenge to REC Bipartisan Campaign Reform Act for 2.00 $280.00 $560.00 present use Conference with James Bopp, Jr. regarding REC 0.20 $280.00 $56.00 discovery Conference with Richard E. Coleson JB 0.20 $385.00 $77.00 regarding discovery production Preparation of letter to opposing counsel REC regarding inadequate responses to initial 1.50 $280.00 $420.00 discovery requests REC Work on discovery to Defendants 2.20 $280.00 $616.00 10/24/2003 Revise and send letter to opposing counsel regarding initial discovery to Defendants; conference with James Bopp, Jr. regarding REC 1.20 $280.00 $336.00 letter and discovery (.2); work on discovery requests to Defendants; calendar all relevant dates for case from revised order REC Draft discovery requests 1.00 $280.00 $280.00 Conference with Richard E. Coleson JB 0.20 $385.00 $77.00 regarding letter and discovery Review draft letter regarding Defendant's JB 0.20 $385.00 $77.00 failure to provide discovery 10/27/2003 REC Review two e-mails from opposing counsel 0.20 $280.00 $56.00 Review donor files for 1998 — 2003 and REC record missing Mail ID numbers per 1.20 $280.00 $336.00 complaint from opposing counsel Phone call from CPLC bookkeeper and analyze and discuss Mail ID list; letter to REC 1.00 $280.00 $280.00 opposing counsel regarding allegations of missing Mail IDs and CD of donor database Fax and e-mail letter to Sylvest regarding REC 0.30 $280.00 $84.00 requests JB Review draft of letter 0.20 $385.00 NO CHARGE 10/28/2003 E-mails from and e-mail to CPLC REC 0.20 $280.00 $56.00 bookkeeper 10/30/2003 Letter from opposing counsel regarding our REC 0.20 $280.00 $56.00 discovery to Defendants 10/31/2003 Review FPPC response to request for meet JB 0.20 $385.00 $77.00 and confer 11/3/2003 E-mail from and to Larry Woodlock REC 0.20 $280.00 $56.00 regarding third party discovery production 11/4/2003 Check United States Supreme Court docket REC regarding filing of Supplemental Authority 0.20 $280.00 $56.00 for NC case 11/5/2003 Review second request for admissions; REC 0.50 $280.00 $140.00 prepare draft response.2 REC Research definition statute 0.20 $280.00 $56.00 REC E-mail to Client 0.10 $280.00 $28.00 11/6/2003 E-mail from and to Brian Johnston REC 0.20 $280.00 $56.00 regarding second request for admissions Preparation of letter to CPLC regarding REC 0.20 $280.00 $56.00 second request for admissions REC Research on discovery law 0.20 $280.00 $56.00 Legal research regarding discovery in REC 1.80 $280.00 $504.00 treatise Prepare response to Woodlock's letter of REC 0.90 $280.00 $252.00 Oct. 30th Retrieve and review case cited by Woodlock REC 1.00 $280.00 $280.00 in refusing to respond to discovery requests 11/12/2003 Phone calls to Brian Johnston, Jan Carroll JPG 1.00 $170.00 $170.00 and Mike Spence regarding admissions 11/13/2003 Conference with Jeffrey P. Gallant JB 0.20 $385.00 $77.00 regarding answers to admission requests Conference with James Bopp, Jr. regarding JPG answers to request for admissions, copy, fax 2.50 $170.00 $425.00 and send Follow-up phone call to Brian Johnston, JPG 0.20 $170.00 $34.00 Mike Spence 11/14/2003 Finalize letter to opposing counsel regarding dispute over CPLC's initial document REC 3.70 $280.00 $1,036.00 requests; conference with James Bopp, Jr. regarding same Conference with Richard E. Coleson JB 0.20 $385.00 $77.00 regarding CPLC's document requests Review finalized admissions and discuss REC 0.20 $280.00 NO CHARGE with Jeffrey P. Gallant Preparation of letter to opposing counsel REC regarding dispute over CPLC's initial 1.20 $280.00 $336.00 document requests 11/17/2003 Preparation of letter to opposing counsel REC regarding correction on letter sent on Nov. 0.20 $280.00 $56.00 14 regarding discovery; work on discovery Prepare discovery requests to send to REC Defendants (research law, rules, styles, and 4.00 $280.00 $1,120.00 draft) 11/18/2003 REC Prepare discovery requests 2.10 $280.00 $588.00 Research applicable California law and draft REC 2.50 $280.00 $700.00 discovery requests Research California regulations, statutes, REC 2.10 $280.00 $588.00 and referenced federal law 11/19/2003 E-mail from and to K. Gimple regarding REC discovery; e-mail to Sylvest at CPLC 0.20 $280.00 $56.00 regarding same E-mail from Sylvest regarding discovery REC production; e-mail to K. Gimple regarding 0.20 $280.00 $56.00 same Research regulations and prepare discovery REC 1.50 $280.00 $420.00 requests to Defendants E-mail from Sylvest regarding correction to REC 0.20 $280.00 $56.00 discovery correspondence; e-mail correction REC Prepare discovery requests to Defendants 3.70 $280.00 $1,036.00 11/20/2003 Conference with Richard E. Coleson JB 0.20 $385.00 $77.00 regarding discovery Conference with James Bopp, Jr. regarding REC discovery; prepare discovery requests to 0.20 $280.00 $56.00 Defendants Research and prepare discovery requests for REC 3.70 $280.00 $1,036.00 Defendants 11/21/2003 JB Review draft discovery request 0.70 $385.00 $269.50 Research and prepare discovery requests to REC 4.50 $280.00 $1,260.00 Defendants REC Prepare discovery requests to Defendants 2.50 $280.00 $700.00 11/24/2003 Correspondence from and to Sylvest at REC 0.20 $280.00 $56.00 CPLC regarding discovery Received package from Larry Woodlock with materials from subpoena to tax board REC 0.20 $280.00 $56.00 regarding CPLC tax audit; review cover letter and scan documents REC Prepare discovery to Defendants 2.50 $280.00 $700.00 Review Oral Argument transcripts and add REC 0.80 $280.00 $224.00 contentions made to discovery requests REC Prepare and revise discovery requests 2.20 $280.00 $616.00 11/25/2003 Phone conference with Sylvest at CPLC regarding issues raised by Gimple letter; REC conference with James Bopp, Jr. regarding 1.70 $280.00 $476.00 letter from Gimple (.2); prepare response to Defendants Review Attorney General's amended responses to document requests and REC 0.50 $280.00 $140.00 interrogatories; read and analyze letter from Gimple regarding donor database issues 11/26/2003 Review letter from CPLC bookkeeper and REC review Forms 990/199 and backup 0.20 $280.00 $56.00 documentation REC Prepare discovery requests 2.00 $280.00 $560.00 Conference with James Bopp, Jr. regarding REC 0.20 $280.00 $56.00 discovery REC Prepare discovery requests 3.70 $280.00 $1,036.00 Conference with Richard E. Coleson JB 0.20 $385.00 $77.00 regarding discovery 12/1/2003 Preparation of letter to Client regarding REC 0.90 $280.00 $252.00 needed responses and proposed answers Review latest discovery requests from REC 0.40 $280.00 $112.00 Attorney General Review letters from FPPC and Attorney REC General with originals of previously faxed 0.60 $280.00 $168.00 documents Review opposing counsel's latest discovery REC 0.90 $280.00 $252.00 requests Finish review of latest discovery requests REC from Defendants and already produced 0.80 $280.00 $224.00 materials Work on letter to CPLC bookkeeper REC regarding opposing counsel's latest 0.80 $280.00 $224.00 discovery requests 12/2/2003 Letter from and to CPLC bookkeeper REC 0.50 $280.00 $140.00 regarding discovery Preparation of letter to CPLC bookkeeper REC 1.00 $280.00 $280.00 regarding discovery issues REC Letter to local counsel regarding discovery 0.60 $280.00 $168.00 Worked on requests for admissions to send REC 3.10 $280.00 $868.00 Defendants 12/3/2003 JB Review additional discovery requests 0.20 $385.00 $77.00 Prepare requests for admissions to REC 2.30 $280.00 $644.00 Defendants Prepare requests for admissions to REC 2.50 $280.00 $700.00 Defendants Research in statutes, regulations, and REC 1.70 $280.00 $476.00 Advisory Opinions 12/4/2003 Prepare requests for admissions to REC 0.40 $280.00 $112.00 Defendants Legal research in statutes, regulations, and REC Advisory Opinions; prepare requests for 3.70 $280.00 $1,036.00 admissions to Defendants Legal research in statutes, regulations, and REC 1.10 $280.00 $308.00 Advisory Opinions 12/8/2003 Conference with James Bopp, Jr. regarding REC 0.20 $280.00 $56.00 response Conference with Richard E. Coleson JB 0.20 $385.00 $77.00 regarding response Review letter from Attorney General JB 0.20 $385.00 $77.00 regarding discovery Review letter from K. Gimple regarding REC 0.20 $280.00 $56.00 discovery issues Research law and statutes and prepare REC 1.50 $280.00 $420.00 requests for admissions 12/9/2003 Phone call from Larry Woodlock regarding discovery issue; prepare e-mail to L. REC 0.80 $280.00 $224.00 Woodlock with the discovery he said he did not receive Research statutes, regulations, and Advisory REC 5.00 $280.00 $1,400.00 Opinion and prepare requests for admissions Research statutes and regulations and REC 1.90 $280.00 $532.00 prepare requests for admissions 12/10/2003 Review letter from K. Gimple regarding REC 0.20 $280.00 $56.00 discovery requests Create memo for discussion with CPLC REC 0.30 $280.00 $84.00 bookkeeper REC Work on request for admissions 0.20 $280.00 $56.00 Review correspondence to CPLC REC bookkeeper in preparation for call from 0.20 $280.00 $56.00 same Worked on request for admissions; phone call from CPLC bookkeeper and discuss REC 1.50 $280.00 $420.00 responses to Defendants' discovery requests (.50) 12/11/2003 Worked on responses to discovery requests REC 2.50 $280.00 $700.00 from Attorney General Worked on discovery requests to REC 2.00 $280.00 $560.00 Defendants 12/12/2003 Research and prepare requests for REC 3.00 $280.00 $840.00 admissions Research and prepare requests for REC 2.50 $280.00 $700.00 admissions 12/15/2003 Research federal and state statutes and REC regulations and prepare requests for 3.50 $280.00 $980.00 admissions Review letter from K. Gimple regarding REC 0.20 $280.00 $56.00 discovery issues Review file regarding scope of cited REC 0.20 $280.00 $56.00 agreement and document requests Retrieve and review case cited in letter from REC 0.30 $280.00 $84.00 K. Gimple 12/16/2003 Research statutes, cases, opinions, REC regulations, and California Constitution; 3.50 $280.00 $980.00 prepare requests for admissions JB Review letter from Attorney General 0.20 $385.00 $77.00 Prepare responses to the Attorney General's REC interrogatories; correspond with CPLC 3.50 $280.00 $980.00 bookkeeper regarding same 12/17/2003 REC Prepare draft of responses to interrogatories 1.80 $280.00 $504.00 Prepare discovery responses to Attorney REC 0.50 $280.00 $140.00 General Worked on discovery response to K. Gimple REC 0.70 $280.00 $196.00 regarding document requests Review draft interrogatories answers; JB conference with Richard E. Coleson 0.50 $385.00 $192.50 regarding response Conference with James Bopp, Jr. regarding REC 0.20 $280.00 $56.00 discovery issues REC Preparation of letter to CPLC bookkeeper 0.60 $280.00 $168.00 12/18/2003 Review portions of United States Supreme REC 2.00 $280.00 NO CHARGE Court decision in Review portions of United States Supreme REC 1.00 $280.00 $280.00 Court decision in Worked on letter to K. Gimple; two REC conferences with James Bopp, Jr. regarding 2.00 $280.00 $560.00 same (.25); finalize letter Phone call to CPLC bookkeeper; finalize REC 0.50 $280.00 $140.00 and send letter to K. Gimple 12/22/2003 REC Review letter from CPLC bookkeeper 0.20 $280.00 $56.00 12/23/2003 Review portion REC 0.70 $280.00 $196.00 FECopinions Phone call to CPLC bookkeeper regarding REC 0.25 $280.00 $70.00 discovery issues Review portion REC 1.00 $280.00 NO CHARGE FECopinions 12/29/2003 Review FPPC Advice Letter A-90-026 for REC 0.50 $280.00 NO CHARGE use in discovery regarding "major purpose" Receive faxed responses from FPPC and REC review FPPC responses to discovery 0.70 $280.00 $196.00 requests E-mail, fax, and phone correspondence with REC 0.40 $280.00 $112.00 CPLC bookkeeper Legal research regarding contention REC interrogatories in response to FPPC 0.70 $280.00 $196.00 objections E-mail and phone call from CPLC bookkeeper; print Excel tables provided and revise and send corrected interrogatory REC 1.20 $280.00 $336.00 response; revise interrogatory and document request responses; letter to CPLC bookkeeper Finalize and serve interrogatory and REC 0.80 $280.00 $224.00 document request responses 12/30/2003 Correspondence with CPLC bookkeeper REC 0.20 $280.00 $56.00 regarding case issue Review fax letter from K. Gimple with REC 0.20 $280.00 $56.00 discovery response 1/5/2004 Review letter from K. Gimple with REC 0.10 $280.00 $28.00 discovery responses Letter to K. Gimple regarding still listing REC 0.10 $280.00 NO CHARGE Chad Bungard 1/6/2004 Conference with James Bopp, Jr. regarding REC 0.50 $280.00 $140.00 discovery response Conference with Richard E. Coleson JB 0.50 $385.00 $192.50 regarding discovery response 1/8/2004 Review memo from James Bopp, Jr. REC 0.20 $280.00 $56.00 regarding discovery JB Review draft request for admission 1.50 $385.00 $577.50 1/12/2004 E-mail to local counsel regarding discovery REC 0.20 $280.00 $56.00 issues Phone conferences with CPLC bookkeeper; finalize rspto document requests and REC 1.50 $280.00 $420.00 correspondence; finalize requests for admissions 1/27/2004 REC Letter from Larry Gold with Interrogatories 0.20 $280.00 $56.00 1/28/2004 JB Conference with Richard E. Coleson 0.20 $385.00 $77.00 REC Conference with James Bopp, Jr. 0.20 $280.00 $56.00 1/30/2004 REC Review file and interrogatories 0.20 $280.00 $56.00 Calculate and calendar time for response to REC 0.30 $280.00 $84.00 FPPC interrogatories Preparation of letter to CPLC regarding REC 0.50 $280.00 $140.00 responding to FPPC interrogatories 2/11/2004 Correspondence with CPLC regarding REC 0.20 $280.00 $56.00 discovery request from FPPC 2/16/2004 Phone call from Larry Woodlock regarding REC 0.20 $280.00 $56.00 responses to requests for admissions 2/17/2004 Letters from Attorney General and FPPC REC 0.20 $280.00 $56.00 with responses to requests for admissions 2/24/2004 Letter from client regarding discovery REC 0.20 $280.00 $56.00 response E-mail from and to Sylvest at CPLC REC 0.20 $280.00 $56.00 regarding discovery response 2/25/2004 Phone call from Sylvest at CPLC regarding REC 0.20 $280.00 $56.00 interrogatory responses Review email from Sylvest at CPLC and REC 0.20 $280.00 $56.00 review draft interrogatory response 2/26/2004 Correspondence from and to CPLC REC 0.20 $280.00 $56.00 regarding discovery response 2/27/2004 Phone call from CPLC and update REC 0.20 $280.00 $56.00 interrogatory response Worked on response to FPPC REC interrogatories; correspondence from and to 0.20 $280.00 $56.00 CPLC 3/9/2004 Phone call from Sylvest at CPLC regarding REC 0.20 $280.00 $56.00 service of subpoena Conference with James Bopp, Jr. regarding REC phone call from Sylvest and subpoena; 0.20 $280.00 $56.00 email to Sylvest E-mail from and to Sylvest regarding Brian REC 0.20 $280.00 $56.00 Johnston's schedule for deposition Conference with Richard E. Coleson JB regarding phone conference with with 0.10 $385.00 $38.50 Sylvest 3/10/2004 E-mail from and to Sylvest at CPLC REC 0.20 $280.00 $56.00 regarding deposition issues E-mail from Sylvest at CPLC regarding REC 0.20 $280.00 $56.00 deposition subpoenas and responses E-mail from and to Sylvest regarding REC depositions; email from Sylvest regarding 0.20 $280.00 $56.00 same 3/11/2004 REC Review second interrogatories from FPPC 0.20 $280.00 $56.00 3/12/2004 Phone call from Kelly Lawler regarding REC 0.20 $280.00 $56.00 representation E-mail to Silvest Morris regarding REC 0.20 $280.00 $56.00 deposition issues Conference with Richard E. Coleson JB 0.50 $385.00 $192.50 regarding discovery Phone call from Kelly Lawler at Knight REC 0.20 $280.00 $56.00 Company regarding deposition Conference with James Bopp, Jr. regarding REC 0.20 $280.00 $56.00 subpoenas Conference with James Bopp, Jr. regarding REC 0.50 $280.00 $140.00 discovery issues Review subpoenas; conference with Richard JB 0.50 $385.00 $192.50 E. Coleson 3/15/2004 E-mail from Richard E. Coleson with JB 0.20 $385.00 $77.00 Morris forward Review notice of deposition; e-mails; JB conference with Richard E. Coleson 0.50 $385.00 $192.50 regarding problem of compliance Review e-mail regarding people to be 0.50 $385.00 $192.50 JB deposed JB Phone call to Richard E. Coleson 0.20 $385.00 $77.00 Review letter to Sylvest regarding JB 0.20 $385.00 $77.00 deposition E-mail from and to Silvet Morris; fax letter REC 0.20 $280.00 $56.00 to same regarding depositions Phone call from Silvest Morris regarding REC 0.20 $280.00 $56.00 depositions Letter from attorney general and review REC 0.20 $280.00 $56.00 notice of depositions Phone call from Brian Johnson; phone call REC 0.20 $280.00 $56.00 to Leonard Atkinson Conference with Richard E. Coleson JB 0.20 $385.00 $77.00 regarding discovery Conference with James Bopp, Jr. regarding REC 0.20 $280.00 $56.00 discovery REC Phone call from Mark Green 0.20 $280.00 $56.00 REC Phone call from Danielle Barber 0.20 $280.00 $56.00 REC Phone call from James Bopp to California 0.20 $280.00 $56.00 REC Letter to Silvest Morris regarding discovery 0.20 $280.00 $56.00 Phone call from Stan Pierce REC 0.20 $280.00 $56.00 E-mail from and to Silvest Morris regarding REC depositions; forward correspondence to 0.20 $280.00 $56.00 James Bopp, Jr. 3/16/2004 Prepare memo with table of deponents, REC dates, and conflicts and discuss same with 0.70 $280.00 $196.00 James Bopp, Jr. Worked on draft of letter to Gimple REC 0.50 $280.00 $140.00 regarding discovery Prepare, revise, and finalize letter to Gimple REC 1.70 $280.00 $476.00 regarding depositions JB Read e-mail from Richard E. Coleson 0.20 $385.00 $77.00 Conference with James Bopp, Jr. regarding REC 0.20 $280.00 $56.00 deposition Conference with Richard E. Coleson JB 0.20 $385.00 $77.00 regarding memo of Richard E. Coleson Review email regarding list of people to be JB 0.20 $385.00 $77.00 deposed Conference with Richard E. Coleson JB 0.50 $385.00 $192.50 regarding rescheduling depositions Review draft letter regarding deposition; JB conference with Richard E. Coleson 0.50 $385.00 $192.50 regarding same Conference with James Bopp, Jr. regarding REC 0.50 $280.00 $140.00 rescheduling depositions E-mail from Silvest Morris; review phone REC notes from clients; email to Silvest and 0.20 $280.00 $56.00 James Bopp, Jr. 3/17/2004 Review and annotate letter from Gimple regarding deposition rescheduling; check REC 0.60 $280.00 $168.00 correspondence from clients for conflicts; check Bopp calendar for conflicts JB Review; draft response letter 0.20 $385.00 $77.00 Letter to Silvest Morris regarding REC 0.20 $280.00 $56.00 depositions Conference with James Bopp, Jr. regarding REC 0.20 $280.00 $56.00 proposed deposition schedule Conference with Richard E. Coleson JB 0.20 $385.00 $77.00 regarding deposition schedules E-mail from Silvest Morris and conference REC with James Bopp, Jr. regarding deposition 0.20 $280.00 $56.00 dates Prepare letter to Gimple regarding deposition schedules; conference with REC 1.20 $280.00 $336.00 James Bopp, Jr. regarding same (.2) and revise per instructions E-mail to and phone call from Silvest REC 0.20 $280.00 $56.00 Morris regarding deposition scheduling Prepare memo to James Bopp, Jr. regarding REC 0.40 $280.00 $112.00 letter with copy Review proposed deposition schedule; JB conference with Richard E. Coleson 0.50 $385.00 $192.50 regarding revision of schedule 3/18/2004 Conference with James Bopp, Jr. and Rich JPG Coleson regarding defending deposition in 0.50 $230.00 $115.00 CA JPG Review, skim materials (depositions in CA] 0.50 $230.00 NO CHARGE Review and annotate FPPC's second set of REC interrogatories and note to James Bopp, Jr. 0.50 $280.00 $140.00 regarding same [with copy for review] Conference with Richard E. Coleson JB 0.50 $385.00 $192.50 Jeffrey P. Gallant regarding depositions Conference with Richard E. Coleson JPG 0.20 $230.00 $46.00 regarding discovery responses Conference with Richard E. Coleson JPG 0.20 $230.00 $46.00 regarding deposition schedule Phone call from and phone call to James REC Mathwig regarding representation and 0.20 $280.00 $56.00 deposition dates Letter to Gimple regarding deposition REC 0.20 $280.00 $56.00 scheduling Conference with James Bopp, Jr. and REC Jeffrey P. Gallant regarding client 0.50 $280.00 $140.00 depositions Letter to Gimple regarding scheduling REC 0.20 $280.00 $56.00 depositions Voicemail from and phone call to Brian REC 0.20 $280.00 $56.00 Johnston regarding depositions Review discovery files and responses from REC 1.70 $280.00 $476.00 discovery to Defendants Phone call from Kathryn Gimple REC conference with Jeffrey P. Gallant regarding 0.50 $280.00 $140.00 deposition scheduling Conference with Jeffrey P. Gallant REC regarding case and possible further action 0.30 $280.00 $84.00 based on discovery responses 3/19/2004 Correspondence phone calls to and from REC clients regarding deposition scheduling and 3.00 $280.00 $840.00 discovery issues Correspondence [multiple] with Kelly REC 0.20 $280.00 $56.00 Lawler regarding deposition scheduling Phone conference from Silvest Morris REC 0.50 $280.00 $140.00 regarding depositions and other discovery Letter to Silvest Morris with FPPC's second REC 0.20 $280.00 $56.00 set of interrogatories Conference with Richard E. Coleson JPG 0.50 $230.00 $115.00 regarding arguments and strategy Phone call from Gimple regarding REC 0.20 $280.00 $56.00 deposition scheduling Phone call from Silvest Morris regarding REC 0.20 $280.00 $56.00 deposition Conference with Jeffrey P. Gallant REC 0.50 $280.00 $140.00 regarding arguments for his case Letter to Gimple regarding depositions REC 0.20 $280.00 $56.00 scheduling E-mail from Silvest Morris regarding REC depositions; monitor contacts with 0.30 $280.00 $84.00 deponents 3/26/2004 Phone call to Kathryn Gimple and left REC 0.10 $280.00 $28.00 voicemail regarding deposition issue Letter to Mark Green regarding deposition REC 0.20 $280.00 $56.00 and production issue Phone call from K. Gimple and letter to REC 0.50 $280.00 $140.00 Mark Green and Silvest Morris Phone call from and phone call to Silvest REC 0.70 $280.00 $196.00 Morris regarding discovery issues 3/28/2004 JB Prepare for deposition 0.50 $385.00 $192.50 3/29/2004 Conference with Richard E. Coleson JB 0.50 $385.00 $192.50 regarding deposition Phone call from Silvest Morris regarding REC 0.50 $280.00 $140.00 discovery issues Conference with James Bopp, Jr. regarding depositions (.5); prepare deposition file for REC 1.20 $280.00 $336.00 James Bopp, Jr.; e-mails to and from Silvest Morris regarding depositions 3/31/2004 Travel; conference with witnesses; review JB 7.00 $385.00 $2,695.00 subpoenas and 9th circuit decision 4/1/2004 JB Prepare for deposition; attend deposition 10.00 $385.00 $3,850.00 4/2/2004 JB Attend Deposition 10.00 $385.00 $3,850.00 4/3/2004 JB Travel to Sacramento 10.00 $385.00 $3,850.00 4/5/2004 Conference with James Bopp, Jr. regarding REC 0.20 $280.00 $56.00 depositions and needed actions Letter to Gimple and with 2003 CPLC REC 0.20 $280.00 $56.00 reports Conference with Richard E. Coleson JB 0.20 $385.00 $77.00 regarding depositions and future plan 4/6/2004 JPG Reviewing discovery materials 0.70 $230.00 $161.00 Work on responses to discovery requests REC 1.50 $280.00 $420.00 from defendants Research objections to the sort of broad REC 0.90 $280.00 $252.00 questions posed Worked on responses to discovery requests; REC correspondence to and from CPLC contact 2.60 $280.00 $728.00 regarding same REC Letter from Brian Johnson 0.20 $280.00 $56.00 Conference with Jeffrey P. Gallant REC 0.50 $280.00 $140.00 regarding document requests Arrange for travel to defend depositions JPG 0.50 $230.00 $115.00 4/20-4/23 Conference with Richard E. Coleson JPG 0.50 $230.00 $115.00 regarding document requests, etc. 4/7/2004 Review and retrieve FEC v. Malenick REC opinion and review for treatment of major 0.50 $280.00 $140.00 purpose test Phone call from and to Silvest Morris REC 0.70 $280.00 $196.00 regarding interrogatories Review file and calendar and phone call to REC Larry Woodlock regarding extension for 0.20 $280.00 $56.00 FPPC's second set of interrogatories Phone conference with Larry Woodlock regarding extension of time to answer FPPSC's second interrogatories; e-mail to REC 0.50 $280.00 $140.00 Silvest Morris and Larry Woodlock regarding same; phone call to Kathryn Gimple; e-mail from Morris and Woodlock 4/8/2004 Letter from local counsel with copies of REC multiple discovery requests from 0.90 $280.00 $252.00 defendants; review same Prepare response to Downey's Second Set of REC 1.00 $280.00 $280.00 Interrogatories Conference with Jeffrey P. Gallant REC 0.30 $280.00 $84.00 regarding case theory and needs Research discovery law and California REC 1.50 $280.00 $420.00 election law Conference with James Bopp, Jr. regarding REC 0.20 $280.00 $56.00 depositions and discovery Conference with Richard E. Coleson JB 0.20 $385.00 $77.00 regarding deposition and discovery Worked on responses to discovery requests; two phone calls from Gimple regarding REC 1.20 $280.00 $336.00 deposing Jan Carroll; e-mail to, from and to Jan Carroll 4/9/2004 Conference with Richard E. Coleson JPG 0.20 $230.00 $46.00 regarding deposition schedule Correspondence with Jan Carroll regarding scheduling her deposition and conference REC 0.50 $280.00 $140.00 with Jeffrey P. Gallant regarding same; check schedules and notes Review notes, correspondence, and calendar REC and phone call to Gimple regarding Carroll 0.20 $280.00 $56.00 deposition Prepare draft protective order for electronic REC financial data; correspond with Silvest 0.50 $280.00 $140.00 Morris 4/12/2004 E-mail from and to Jan Carroll regarding REC 0.20 $280.00 $56.00 scheduling deposition JPG Review, annotate statutes, regulations 1.20 $230.00 NO CHARGE Retrieve, scan, organize and file comments REC of other organizations before the FEC on 2.70 $280.00 $756.00 notice of proposed rulemaking 2004-6 Review notes and calendar and phone call to REC K. Gimple; phone call from Gimple's 0.20 $280.00 NO CHARGE secretary Worked on responses to discovery requests; REC e-mail from and to Silvest at CPLC 2.00 $280.00 $560.00 regarding same 4/13/2004 JB Review two sets of discovery 1.00 $385.00 $385.00 REC Work on discovery responses 6.10 $280.00 $1,708.00 Conference with Richard E. Coleson JB 0.20 $385.00 $77.00 regarding response Conference with James Bopp, Jr. regarding REC 0.20 $280.00 $56.00 response to discovery Phone conference with Silvest Morris; REC correspondence with same regarding 1.10 $280.00 $308.00 discovery 4/14/2004 Letter from defendants with further REC 0.30 $280.00 $84.00 discovery requests Work on responses to discovery from REC 2.80 $280.00 $784.00 defendants E-mail from Jan Carroll regarding REC 0.20 $280.00 $56.00 deposition Worked on responses to discovery from defendants; conference with and REC 3.70 $280.00 $1,036.00 correspondence with Silvest Morris regarding same Review Excerpts of Record: AOs, statutes, JPG regulations., etc. to ascertain issues of case, 0.70 $230.00 NO CHARGE etc. in preparation of depositions 4/20-23 Conference with Richard E. Coleson JPG 0.50 $230.00 $115.00 regarding issues Conference with Jeffrey P. Gallant REC 0.50 $280.00 $140.00 regarding issues 4/15/2004 Worked on responses to defendants' REC 2.70 $280.00 $756.00 discovery requests Correspondence with Silvest Morris REC regarding discovery; prepare discovery 3.50 $280.00 $980.00 responses 4/16/2004 Revise and FedEx agreed protective order to REC 0.30 $280.00 $84.00 Gimple Review Brian Johnston depositions; phone REC conference with Kathryn Gimple with 1.20 $280.00 $336.00 depositions and discovery Work on discovery responses REC 3.00 $280.00 $840.00 Correspondence and conferences with REC Silvest, deponents, James Bopp, Jr., and 0.70 $280.00 $196.00 Jeffrey P. Gallant regarding discovery issues Conference with Richard E. Coleson JB 0.20 $385.00 $77.00 regarding discovery and depositions Conference with Richard E. Coleson JPG 0.20 $230.00 $46.00 regarding discovery depositions 4/19/2004 Travel to Sacramento [travel and prepare for meetings] meet with witnesses Jan Carroll, JPG 7.20 $230.00 $1,656.00 Jim Mathwig, Danielle Barber, Sandra Pamplin REC Phone call from CPLC treasurer Jim Bopp 0.20 $280.00 $56.00 Phone conference with James Bopp, Jr. JPG 0.70 $230.00 $161.00 regarding deposition REC Worked on discovery responses 1.10 $280.00 $308.00 JB Review voice mail from Brian 0.20 $385.00 $77.00 Phone conference with Jeffrey P. Gallant JB 0.70 $385.00 $269.50 regarding deposition REC Review depositions of Bopp and Morris 2.30 $280.00 $644.00 Phone calls from Jeffrey P. Gallant and REC 0.40 $280.00 $112.00 Kathryn Gimple Fax requested Political Action Committee REC reports to Gimple; review depositions of 0.20 $280.00 NO CHARGE Bopp and Morris Phone conference with Richard E. Coleson JPG 0.50 $230.00 $115.00 regarding depositions 4/20/2004 REC Worked on discovery responses 1.00 $280.00 $280.00 Attend depositions of Jim Mathwig, Sandra JPG Pamplin, Danielle Barber, phone 7.50 $230.00 $1,725.00 conferences to witnesses Phone calls to other witnesses to arrange JPG meetings, phone call to Richard E. Coleson 0.50 $230.00 $115.00 regarding protective order, etc. Review note of phone call from Jeffrey P. REC Gallant on depositions; e-mail from Silvest 0.20 $280.00 $56.00 Morris regarding discovery Phone conference with Jeffrey P. Gallant REC 0.20 $280.00 $56.00 regarding depositions E-mails [two] from Brian Johnston REC 0.20 $280.00 $56.00 regarding discovery issues 4/21/2004 Phone call from Jeffrey P. Gallant, phone call to James Bopp, Jr., and phone call to REC 0.20 $280.00 $56.00 Jeffrey P. Gallant regarding discovery issue regarding electronic data REC Worked on responses to discovery requests 0.50 $280.00 $140.00 Phone conference with James Bopp, Jr. JPG 0.20 $230.00 $46.00 regarding Bopp subpoena Phone conference with Richard E. Coleson JPG 0.20 $230.00 $46.00 regarding depositions Meetings with, depositions of Mark Green, JPG 6.70 $230.00 $1,541.00 Stan Pierce Phone conference with Mark Green JPG regarding after hours production of 0.20 $230.00 $46.00 electronic documents E-mail from Silvest Morris regarding REC discovery issue; work on responses to 3.00 $280.00 $840.00 discovery requests Phone conference with Jeffrey P. Gallant; JB 0.20 $385.00 $77.00 return call regarding Bopp subpoena Phone conference with Richard E. Coleson JPG 0.50 $230.00 $115.00 (3x) regarding electronic data and responses Phone conference with Richard E. Coleson JB 0.20 $385.00 $77.00 regarding discovery Phone conference with Jeffrey P. Gallant REC regarding depositions; e-mail to Silvest 0.20 $280.00 $56.00 Morris regarding same REC Worked on discovery responses 1.90 $280.00 $532.00 Received message from and phone call to REC 0.20 $280.00 $56.00 Jeffrey P. Gallant Phone conferences with Kathryn Gimple REC 0.80 $280.00 $224.00 and Silvest Morris regarding discovery 4/22/2004 Attend depositions of L. Atkinson, Jan JPG 10.00 $230.00 $2,300.00 Carroll Meeting with L. Atkinson regarding JPG 0.50 $230.00 $115.00 deposition Phone call from Jeffrey P. Gallant and REC conference with James Bopp, Jr. regarding 0.30 $280.00 $84.00 depositions REC Worked on responses to discovery requests 4.20 $280.00 $1,176.00 Phone conference with Richard E. Coleson JPG 0.10 $230.00 $23.00 regarding depositions Conference with Richard E. Coleson JB 0.20 $385.00 $77.00 regarding depositions REC Work on responses to discovery requests 2.20 $280.00 $616.00 Meeting with K. Lawler regarding JPG 0.50 $230.00 $115.00 deposition JPG Attend deposition of K. Lawler 3.20 $230.00 $736.00 REC Correspond with client 0.40 $280.00 $112.00 Phone call from Jeffrey P. Gallant regarding REC 0.30 $280.00 $84.00 depositions Phone conference with Richard E. Coleson JPG 0.30 $230.00 $69.00 regarding depositions REC Worked on responses to discovery requests 2.00 $280.00 $560.00 REC Worked on responses to discovery requests 3.00 $280.00 $840.00 4/26/2004 Conference with Jeffrey P. Gallant REC regarding depositions, discovery, and case 0.50 $280.00 $140.00 needs Conference with James Bopp, Jr. regarding JPG 0.30 $230.00 $69.00 depositions, filing Conference with Jeffrey P. Gallant JB 0.30 $385.00 $115.50 regarding depositions and filing Prepare responses to defendants' discovery REC 1.70 $280.00 $476.00 requests Prepare responses to defendants' discovery REC 3.70 $280.00 $1,036.00 requests Conference with Richard E. Coleson JPG 0.50 $230.00 $115.00 regarding depositions Respond to e-mail from witnesses, R. JPG 0.70 $230.00 $161.00 Ledeigh 4/28/2004 Prepare responses to defendants' discovery REC 2.50 $280.00 $700.00 requests Conference with Barry A. Bostrom regarding reimbursing accountant for time REC 0.50 $280.00 $140.00 spent preparing for and appearing at deposition REC Phone call from Silvest Morris 0.80 $280.00 $224.00 JPG E-mails from witnesses 0.50 $230.00 $115.00 Prepare responses to defendant's discovery REC 1.90 $280.00 $532.00 requests Conference with Richard E. Coleson BAB 0.50 $280.00 $140.00 regarding payment of CPA deposition fee Research whether a fact witness who is a professional in California may be paid for REC 1.30 $280.00 $364.00 reasonable time for deposition and preparation Correspondence with James Bopp, Jr., Jan REC Carroll, Brian Johnston, Silvest Morris, 0.50 $280.00 $140.00 regarding discovery issues REC Work on discovery responses 1.20 $280.00 $336.00 Research paying accountant time in REC depositions and memo to James Bopp, Jr. 0.50 $280.00 $140.00 regarding same REC E-mail from Jan Carroll regarding discovery 0.20 $280.00 $56.00 REC Work on responses to discovery requests 0.70 $280.00 $196.00 Letter from Larry Woodlock regarding REC 0.30 $280.00 $84.00 discovery dispute REC Correspondence with Silvest Morris 0.60 $280.00 $168.00 REC Work on discovery responses 1.00 $280.00 $280.00 Letter from Gimple regarding documents REC 0.20 $280.00 $56.00 from James E. Bopp Conference with Richard E. Coleson JPG regarding depositions, document requests 0.50 $230.00 $115.00 stemming from depositions, etc. Correspond with James E. Bopp, Jan Carroll, Brian Johnston, Silvest Morris, James Bopp, Jr., Jeffrey P. Gallant REC 0.80 $280.00 $224.00 regarding response to Gimple letter regarding James E. Bopp deposition and subpoena E-mail from Silvest Morris with copies of REC 0.20 $280.00 $56.00 by-laws; review by-laws Read e-mail from Richard E. Coleson JB 0.20 $385.00 $77.00 regarding discovery requests REC Worked on responses to discovery requests 0.70 $280.00 $196.00 Worked on responses to discovery requests; REC e-mail to James Bopp, Jr. regarding 2.50 $280.00 $700.00 discovery Conference with Jeffrey P. Gallant REC 0.50 $280.00 $140.00 regarding document requests 4/29/2004 Conference with Jeffrey P. Gallant REC 0.50 $280.00 $140.00 regarding document requests Conference with Richard E. Coleson JPG 0.50 $230.00 $115.00 regarding document requests, depositions Worked on responses to defendants' discovery requests; correspondence with REC 6.50 $280.00 $1,820.00 Silvest Morris and James Bopp, Jr. regarding discovery issues Worked on discovery responses and draft of REC 1.70 $280.00 $476.00 letter to Woodlock 4/30/2004 Conference with James Bopp, Jr. regarding REC 0.20 $280.00 $56.00 discovery issues (.25) Worked on response letter to Woodlock REC 1.30 $280.00 $364.00 regarding discovery issues Phone call to Robert Ledeigh; e-mails from REC 1.30 $280.00 $364.00 same regarding deposition Conference with Jeffrey P. Gallant REC 0.50 $280.00 $140.00 regarding document requests Conference with James Bopp, Jr. regarding REC 0.30 $280.00 $84.00 discovery issues Phone call from Silvest Morris; e-mail to REC 0.50 $280.00 $140.00 Silvest Morris and Mark Green Conference with Richard E. Coleson JPG regarding depositions, document requests 0.50 $230.00 $115.00 stemming from depositions, etc. Phone call from Mike Spence regarding REC 0.30 $280.00 $84.00 subpoena Review memo for Richard E. Coleson JB 0.50 $385.00 $192.50 regarding discovery disputes Phone call to James Bopp, Jr. regarding REC 0.20 $280.00 $56.00 depositions Review faxed subpoena and Federal Rules REC 0.20 $280.00 $56.00 of Civil Procedure regarding same Phone call from Robt. Ledeigh; phone call REC 0.40 $280.00 $112.00 to Mike Spence; e-mail to Spence Conference with Richard E. Coleson JB 0.20 $385.00 $77.00 regarding response Phone conference with Richard E. Coleson JB 0.20 $385.00 $77.00 regarding depositions REC E-mail to Brian Johnston 0.20 $280.00 $56.00 REC Work on discover responses 0.30 $280.00 $84.00 Prepare memo to James Bopp Jr. regarding REC 1.70 $280.00 $476.00 discovery issues REC Review depositions for needed information 1.30 $280.00 $364.00 5/1/2004 E-mail from Silvest Morris regarding REC 0.20 $280.00 $56.00 discovery Read e-mail from Richard E. Coleson JB 0.20 $385.00 $77.00 regarding discovery Review Pamplin and Barber deposition REC 0.40 $280.00 $112.00 transcripts REC Work on answers to discovery requests 2.50 $280.00 $700.00 E-mail to James Bopp, Jr. regarding REC 0.20 $280.00 $56.00 discovery issues E-mail to Johnston, Morris, and Bopp REC 0.20 $280.00 $56.00 regarding discovery issues 5/3/2004 REC Worked on responses to discovery requests 4.70 $280.00 $1,316.00 Worked on responses to discovery requests; REC correspondence from and to Brian Johnston 2.00 $280.00 $560.00 regarding same Review discovery answers from Silvest REC Morris and incorporate answers into 0.50 $280.00 $140.00 discovery requests Revise letter to Woodlock; revise letter to REC 0.50 $280.00 $140.00 Gimple E-mail from Morris regarding discovery; phone conference with Morris regarding REC 0.80 $280.00 $224.00 discovery, phone conference with James Bopp, Jr. regarding discovery Conference with Richard E. Coleson JB 0.50 $385.00 $192.50 regarding production; review documents 5/4/2004 E-mail from and to Silvest Morris regarding REC 0.30 $280.00 $84.00 discovery and review new information Conference with James Bopp, Jr. regarding REC 0.20 $280.00 $56.00 materials sent Conference with Gimple and Woodlock REC 0.50 $280.00 $140.00 regarding discovery issues Review notes from Morris and prepare REC 3.00 $280.00 $840.00 responses to defendants' discovery requests Phone call from Silvest Morris regarding REC 0.20 $280.00 $56.00 discovery issues Review draft response to discovery; JB conference with Richard E. Coleson 0.70 $385.00 $269.50 regarding revision REC Letter to James E. Bopp regarding discovery 0.40 $280.00 $112.00 REC Prepare responses to discovery requests 3.40 $280.00 $952.00 Received package from James Bopp, Jr. and REC 2.00 $280.00 $560.00 review materials to produce to defendants 5/5/2004 REC Prepare responses to discovery requests 2.90 $280.00 $812.00 REC Work on responses to discovery requests 4.30 $280.00 $1,204.00 REC Letter from Woodlock 0.20 $280.00 $56.00 Conference with Jeffrey P. Gallant REC regarding First Amendment interests in 0.20 $280.00 $56.00 internal deliberations JB Phone conference with client 0.20 $385.00 $77.00 Conference with Richard E. Coleson JPG regarding First Amendment interests in 0.20 $230.00 $46.00 internal deliberations Research, outline response to discovery JPG 1.10 $230.00 $253.00 request Letter from Gimple regarding protective REC order on Political Action Committee 0.30 $280.00 $84.00 deliberations Letter to Gimple regarding document REC 0.30 $280.00 $84.00 production Review draft discovery response; JB conference with Richard E. Coleson 0.50 $385.00 $192.50 regarding revision Read and annotate FEC v. Machinists Non- JPG Partisan Political League, AFLCIO v. FEC, 1.60 $230.00 $368.00 White v. Lee Phone call from Gimple, correspondence REC 0.40 $280.00 $112.00 with Morris REC Research response to Gimple 0.50 $280.00 $140.00 Conference with James Bopp, Jr. regarding REC 0.20 $280.00 $56.00 responses and Gimple letter JB Review draft discovery response 0.20 $385.00 $77.00 REC Phone call to Mark Green 0.30 $280.00 $84.00 5/6/2004 Research, draft response to K. Gimple letter JPG regarding filing discovery responses under 4.20 $230.00 $966.00 seal Conference with Richard E. Coleson, James JPG 0.20 $230.00 $46.00 Bopp, Jr. regarding response Review Political Action Committee REC 0.30 $280.00 $84.00 document sent by Morris Conference with Jeffrey P. Gallant and REC 0.20 $280.00 $56.00 James Bopp, Jr. regarding response Revise prior responses to outstanding REC 2.30 $280.00 $644.00 discovery requests due on May 7 JB Review draft discovery response 0.20 $385.00 $77.00 Correspondence with Johnston and Morris REC 0.70 $280.00 $196.00 regarding discovery Letter from Mark Green; fax from Morris REC 0.20 $280.00 $56.00 with Political Action Committee reports Fax from Morris with Political Action REC 0.20 $280.00 $56.00 Committee reports Conference with Jeffrey P. Gallant and JB 0.20 $385.00 $77.00 Richard E. Coleson regarding response Review correspondence from Silvest Morris REC 0.30 $280.00 $84.00 and from Brian Johnston Proofread and finalize discovery responses REC 4.40 $280.00 $1,232.00 and send to client for review Worked on responses to discovery requests REC and corresponded with client regarding 4.50 $280.00 $1,260.00 same Phone call from Silvest Morris regarding REC 0.30 $280.00 $84.00 discovery 5/7/2004 Phone call from Morris and correspond with REC 0.50 $280.00 $140.00 same regarding discovery responses JPG Sort exhibits from depositions 0.50 $230.00 $115.00 Research, draft letter to K. Gimple JPG 2.70 $230.00 $621.00 regarding discovery Letter to Gimple and Woodlock regarding REC 0.30 $280.00 $84.00 discovery production Conference with Richard E. Coleson JPG regarding Rule 26 changes, read materials 0.70 $230.00 $161.00 from CLE on same REC Phone call from Silvest Morris 0.20 $280.00 $56.00 REC Letter to Gimple and Woodlock 0.30 $280.00 $84.00 Conference with James Bopp, Jr. regarding REC 0.20 $280.00 $56.00 discovery issues Review draft letter regarding protective JB 0.20 $385.00 $77.00 order Conference with Richard E. Coleson JB 0.20 $385.00 $77.00 regarding discovery JB Review draft discovery response 0.20 $385.00 $77.00 REC Prepare discovery responses 1.50 $280.00 $420.00 REC Work on discovery responses 2.50 $280.00 $700.00 E-mail from Morris and make requested REC 0.50 $280.00 $140.00 corrections to discovery responses REC Worked on responses to discovery requests 3.20 $280.00 $896.00 Conference with Jeffrey P. Gallant on Rule REC 0.20 $280.00 $56.00 26 changes 5/10/2004 Review numerous e-mails from Silvest REC Morris and other CPLC personnel regarding 0.40 $280.00 $112.00 discovery REC Prepare responses to discovery requests 1.50 $280.00 $420.00 Prepare responses to discovery requests due REC 3.80 $280.00 $1,064.00 May 13 Prepare responses to discovery requests; REC 1.50 $280.00 $420.00 correspond with CPLC personnel 5/11/2004 REC Work on discovery responses 2.00 $280.00 $650.00 Conference with James Bopp, Jr. regarding REC 0.20 $280.00 $56.00 discovery REC Worked on discovery responses 0.60 $280.00 $168.00 Review deposition transcripts for Mark REC 0.50 $280.00 $140.00 Green and Stanley Pierce Review records of audit of CPLC Political REC Action Committee for knowledge of 0.50 $280.00 $140.00 contents and useable material Conference with Richard E. Coleson JB 0.50 $385.00 $192.50 regarding discovery response (2x) E-mail to CPLC personnel regarding REC discovery issues; phone call from Brian 0.90 $280.00 $252.00 Johnston; phone call to Jan Carroll REC Work on responses to discovery requests 1.10 $280.00 $308.00 Phone call to Brian Johnston regarding REC discovery; conference with James Bopp, Jr. 0.40 $280.00 $112.00 regarding discovery 5/12/2004 Prepare Amendment to Response to REC Attorney General's Interrogatories — Set 1.90 $280.00 $532.00 Three; letter to Brian Johnston Conference with Jeffrey P. Gallant and REC 0.20 $280.00 $56.00 Barry A. Bostrom regarding depositions Conference with Jeffrey P. Gallant BAB 0.20 $280.00 $56.00 Richard E. Coleson regarding depositions Review material for Spence deposition and REC phone call to James Bopp, Jr. regarding 0.40 $280.00 $112.00 same Phone call from and phone call to K. REC 0.30 $280.00 $84.00 Gimple regarding discovery matters REC Worked on discovery responses 2.80 $280.00 $784.00 Prepare draft of agreed protective order on REC 0.70 $280.00 $196.00 Political Action Committee deliberations REC Work on discovery responses 0.50 $280.00 $140.00 Review multiple e-mails from CPLC personnel; letter from Mike Spence and review documents for deposition; review REC 0.40 $280.00 $112.00 correspondence regarding change of information regarding Family Protection Committee Phone call from Brian Johnston; received REC documents form Brian Johnston and 0.40 $280.00 $112.00 scanned Conference with Richard E. Coleson JPG 0.20 $230.00 $46.00 Barry A. Bostrom regarding deposition Conference with Richard E. Coleson JB 0.20 $385.00 $77.00 regarding Spence deposition 5/13/2004 Letter from Ledeigh regarding deposition REC 0.20 $280.00 $56.00 exhibits REC Prepare for Spence deposition 0.50 $280.00 $140.00 Conference with Barry A. Bostrom REC 0.20 $280.00 $56.00 regarding document request REC Letter from Woodlock; e-mail from Gimple 0.20 $280.00 $56.00 Conference with Richard E. Coleson BAB 0.20 $280.00 $56.00 regarding document request Conference with Richard E. Coleson BAB 1.20 $280.00 $336.00 regarding deposition techniques Prepare for Spence deposition phone call REC 1.20 $280.00 $336.00 from Mike Spence Conference with Barry A. Bostrom REC 1.20 $280.00 $336.00 regarding deposition techniques REC Work on discovery responses 2.10 $280.00 $588.00 REC Finalize discovery responses due this date 2.10 $280.00 $588.00 Phone call from Brian Johnston; conference REC with James Bopp, Jr. regarding discovery 0.60 $280.00 $168.00 issue and the Johnston call Prepare fax service letter to opposing REC 0.20 $280.00 $56.00 counsel Prepare discovery responses due on May 14 REC 2.40 $280.00 $672.00 and prepare letter to counsel regarding same 5/14/2004 REC Serve discovery responses 0.10 $280.00 $28.00 REC Letter to Johnston regarding discovery 0.10 $280.00 $28.00 E-mails from Ledeigh with PDF files of REC 0.20 $280.00 $56.00 exhibits Phone call from Mike Spence; phone call REC 0.20 $280.00 $56.00 from Brian Johnston REC Phone call to Mike Spence 0.40 $280.00 $112.00 REC Conference with Jeffrey P. Gallant 0.20 $280.00 $56.00 REC File materials used for deposition 0.20 $280.00 $56.00 Download, print materials for Richard E. JPG 0.50 $230.00 NO CHARGE Coleson for Spence deposition REC Deposition of Mike Spence 3.70 $280.00 $1,036.00 Revise response to interrogatory regarding REC 0.10 $280.00 $28.00 Family Protection Committee REC Prepare for Spence deposition 1.40 $280.00 $392.00 Phone call to Gimple; phone call from REC 0.30 $280.00 $84.00 Ledeigh JPG Conference with Richard E. Coleson 0.20 $230.00 $46.00 5/17/2004 Finalize and serve amendment to REC interrogatory regarding Family Protection 0.50 $280.00 $140.00 Committee REC Correspondence from and to Brian Johnston 0.50 $280.00 $140.00 Correspond with Brian Johnston regarding REC amending discovery response regarding 0.20 $280.00 $56.00 Family Protection Committee Letter to opposing counsel regarding REC supplement on trial witnesses and 0.30 $280.00 $84.00 documents 5/18/2004 Correspondence from Woodlock and REC Gimple regarding request for supplemental 0.20 $280.00 $56.00 responses to CPLC discovery requests 5/20/2004 E-mail from and to Jan Carroll regarding REC 0.20 $280.00 $56.00 reviewing and signing deposition transcript 5/26/2004 Phone conference with Silvest Morris REC 0.20 $280.00 $56.00 regarding status of case 6/7/2004 Received and scanned fax service of FPPC's REC 0.20 $280.00 $56.00 expert witness disclosure 6/8/2004 Received and scanned expert witness REC 0.20 $280.00 $56.00 disclosure from attorney general 6/9/2004 Conference with Richard E. Coleson JB regarding phone call from FPPC about when 0.20 $385.00 $77.00 disclosure was received Conference with James Bopp, Jr. regarding phone call from FPPC requesting REC confirmation that faxed expert witness 0.20 $280.00 $56.00 disclosure was received; multiple efforts to contact person requesting information 6/14/2004 Letter from local counsel with service of REC 0.20 $280.00 $56.00 notice of change of address for same 6/16/2004 REC Review and annotate expert witness reports 2.20 $280.00 NO CHARGE 6/17/2004 Letter from court reporter with Spence REC 0.20 $325.00 $65.00 deposition transcript and scan same 6/21/2004 Conference with Richard E. Coleson JB 0.50 $385.00 $192.50 regarding expert reports (2x) Review and annotate expert reports; REC conference with James Bopp, Jr. regarding 1.70 $280.00 $476.00 same Review and annotate expert reports and REC attachments; conference with James Bopp, 3.00 $280.00 $840.00 Jr. regarding same 6/22/2004 Review file and calendar and contact James REC 0.20 $280.00 NO CHARGE Bopp, Jr. regarding need for conference 6/29/2004 Received package from court reporter with REC Mike Spence deposition; review same; 0.50 $280.00 $140.00 phone call to Spence 6/30/2004 Phone call from Mike Spence; letter to same REC 0.20 $280.00 $56.00 regarding deposition 7/1/2004 E-mail from Janet Carroll regarding deposition; review files; letter to Carroll REC 0.50 $280.00 $140.00 with copy of deposition; two e-mails to Carroll Phone call from Mike Spence regarding his REC 0.20 $280.00 $56.00 review of his deposition transcript 7/14/2004 Letter to Gimple with original Spence REC 0.20 $280.00 $56.00 deposition 7/15/2004 E-mail from and to Jan Carroll regarding REC 0.20 $280.00 $56.00 review and signing of her deposition 7/22/2004 E-mail from and to Mike Spence regarding REC case and effect on planned ballot measure 0.20 $280.00 $56.00 advocacy 8/24/2004 Legal research; review and annotate 9th REC 1.00 $280.00 $280.00 Circuit decision in ACLU v. Heller 9/16/2004 Conference with Richard E. Coleson JB 0.20 $385.00 $77.00 regarding schedule REC Phone conference with opposing counsel 0.30 $280.00 $84.00 E-mail from court regarding unchanged schedule; phone call from K. Gimple REC 0.20 $280.00 $56.00 regarding negotiating service date on motions for summary judgment E-mail to opposing counsel and fax new REC 0.20 $280.00 $56.00 signature page Conference with James Bopp, Jr. regarding REC 0.10 $280.00 $280.00 schedule availability E-mail from court regarding special reasons REC 0.20 $280.00 $56.00 for schedule change and respond to same Revise draft of stipulation regarding REC 2.70 $280.00 $756.00 schedule change to reflect court's query Review file and local rules, correspond with REC court and opposing counsel, conference with 0.10 $280.00 $28.00 James Bopp, Jr. regarding hearing date Conference with Richard E. Coleson JB 0.20 $385.00 $77.00 regarding briefing schedule 9/17/2004 Receive and review notice of substitution of REC 0.20 $280.00 $56.00 parties and change of caption 9/20/2004 Worked on summary judgment notice and REC 0.50 $280.00 $140.00 motion; review file Review prior briefing and work on summary REC 3.50 $280.00 $980.00 judgment materials 9/21/2004 Prepare summary judgment motion, REC 3.50 $280.00 $980.00 statement of the facts, and brief REC Worked on summary judgment briefing 1.00 $280.00 $280.00 REC Worked on summary judgment briefing 1.50 $280.00 $420.00 9/22/2004 REC Worked on summary judgment briefing 3.00 $280.00 $840.00 REC Worked on summary judgment briefing 1.50 $280.00 $420.00 REC Worked on summary judgment briefing 2.00 $280.00 $560.00 REC Worked on summary judgment briefing 1.70 $280.00 $476.00 9/23/2004 REC Prepare summary judgment brief 4.50 $280.00 $1,260.00 REC Prepare summary judgment brief 0.70 $280.00 $196.00 Phone call from and to K. Gimple regarding 0.20 $280.00 $56.00 REC briefing schedule agreement 9/24/2004 REC Prepare summary judgment brief 2.20 $280.00 $616.00 REC Prepare summary judgment brief 4.70 $280.00 $1,316.00 9/27/2004 REC Prepare summary judgment brief 3.20 $280.00 $896.00 REC Prepare summary judgment brief 4.00 $280.00 $1,120.00 9/28/2004 REC Prepare summary judgment brief 1.50 $280.00 $420.00 REC Prepare summary judgment brief 2.20 $280.00 $616.00 REC Prepare summary judgment brief 4.20 $280.00 $1,176.00 9/29/2004 REC Prepare summary judgment brief 2.00 $280.00 $560.00 REC Prepare summary judgment brief 4.50 $280.00 $1,260.00 REC Prepare summary judgment brief 2.50 $280.00 $700.00 9/30/2004 RSM Review Summary Judgment brief 1.20 $230.00 NO CHARGE REC Prepare summary judgment brief [Wed. eve] 4.50 $280.00 $1,260.00 REC Prepare summary judgment brief 1.50 $280.00 $420.00 Prepare summary judgment brief and REC correspondence with clerk and opposing 3.50 $280.00 $980.00 counsel 10/1/2004 Scan California's memorandum in support REC 0.20 $280.00 $56.00 of summary judgment Review/survey California's statement of REC undisputed facts and letter to client 0.40 $280.00 $112.00 personnel regarding responding to same REC Review local rules 0.20 $280.00 NO CHARGE E-mail to K. Gimple regarding obtaining REC 0.20 $280.00 $56.00 fact statement in digital form Phone call from K. Gimple's office regarding missing page numbers to be sent; REC 0.50 $280.00 $140.00 and receive and scan summary judgment documents from California Conference with James Bopp, Jr. regarding REC 0.20 $280.00 $56.00 case approach REC E-mail to local counsel 0.10 $280.00 $28.00 Conference with Richard E. Coleson JB 0.20 $385.00 $77.00 regarding case strategy E-mail to Brian Johnston and Silvest Morris REC 0.20 $280.00 $56.00 regarding case needs Check calendar deadlines and plan project REC 0.20 $280.00 NO CHARGE schedule 10/4/2004 Review and annotate defendants' summary REC 1.70 $280.00 $476.00 judgment brief Phone call from Silvest at CPLC and e-mail REC to Brian Johnston, Mike Spence Silvest 0.70 $280.00 $196.00 Morris 10/6/2004 REC Prepare response e-mail to B. Johnston 0.20 $280.00 $56.00 Review voicemail from Mike Spence and e-mail REC 0.30 $280.00 $84.00 deposition to same E-mail from Brian Johnston and review REC comment from James Bopp, Jr. regarding 0.20 $280.00 $56.00 same E-mail from and to Brian Johnston; e-mail REC 0.50 $280.00 $140.00 to Spence 10/8/2004 Worked on preliminary responses to California's statement of undisputed facts REC 3.50 $280.00 $980.00 and e-mails to CPLC personnel regarding same [10-8-04] Worked on preliminary responses to California's statement of undisputed facts REC 3.50 $280.00 $980.00 and e-mails to CPLC personnel regarding same Correspondence with CPLC personnel; REC work on responses to California's fact 2.50 $280.00 $700.00 statement Worked on response to defendant's REC 4.70 $280.00 $1,316.00 statement of undisputed facts Correspondence with CPLC personnel; REC work on responses to California's fact 2.50 $280.00 $700.00 statement 10/9/2004 Prepare brief in opposition to defendants' REC 3.00 $280.00 $840.00 motion for summary judgment REC Prepare opposition brief 5.20 $280.00 $1,456.00 10/10/2004 REC Prepare opposition brief 1.70 $280.00 $476.00 REC Prepare opposition brief 3.00 $280.00 $840.00 10/11/2004 REC Prepare opposition brief 4.00 $280.00 $1,120.00 10/12/2004 REC Prepare opposition brief 3.00 $280.00 $840.00 REC Prepare opposition brief 5.00 $280.00 $1,400.00 10/14/2004 REC Prepare opposition brief 3.70 $280.00 $1,036.00 10/16/2004 Print and scan multiple e-mails from opposing counsel regarding opposition to REC our summary judgment motion, e-mail to 0.70 $280.00 NO CHARGE same regarding missing brief; track FedEx regarding filing time 10/18/2004 Review brief opposing our motion for REC 1.70 $280.00 $476.00 summary judgment REC E-mail with R Ledeigh regarding briefing 0.30 $280.00 $84.00 10/19/2004 Review order from Judge Damrell resetting hearing to Dec. 3; calendar same and deliver REC 0.20 $280.00 NO CHARGE copy of order to James Bopp, Jr. for calendaring Worked on reply brief REC 3.70 $280.00 $1,036.00 Phone call to clerk; letter to courtroom deputy regarding FedEx's failure to deliver 0.40 $280.00 $112.00 document on October 15 Worked on reply on CPLC's summary REC 0.80 $280.00 $224.00 judgment motion 10/20/2004 REC Prepare reply brief 3.20 $280.00 $896.00 REC Prepare reply brief 3.00 $280.00 $840.00 10/21/2004 REC Prepare reply brief 1.20 $280.00 $336.00 REC Prepare reply brief 2.00 $280.00 $560.00 REC Prepare reply brief 3.70 $280.00 $1,036.00 10/22/2004 REC Prepare reply brief 4.50 $280.00 $1,260.00 Track FedEx package (2x); convert brief to REC 0.20 $280.00 $56.00 PDF for service and check conversion REC Letter to Clerk 0.20 $280.00 $56.00 Letter to client regarding case status and REC 2.00 $280.00 $560.00 issues raised in litigation 10/25/2004 Receive and review reply brief from REC California and reply to opposition to 1.70 $280.00 $476.00 California's statement of undisputed facts REC Review Ledeigh affidavit 0.30 $280.00 $84.00 11/29/2004 Retrieve, review, and annotate Judge REC Damrell's opinion on preliminary injunction 1.00 $280.00 $280.00 in California Republican Party v. FPPC 12/3/2004 Conference with Richard E. Coleson JB 0.20 $385.00 $77.00 regarding hearing and pre-trial statement REC Prepare follow-up e-mail to all counsel 0.30 $280.00 $84.00 E-mail from Ledeigh and send response e- REC 0.20 $280.00 $56.00 mail to same Conference with James Bopp, Jr. regarding REC 0.20 $280.00 $56.00 hearing and pre-trial statement and hearing REC Review rules and schedule 0.10 $280.00 $28.00 Leave voicemail for Gimple regarding 0.10 $280.00 $28.00 REC 0.10 $280.00 $28.00 agreement on hearing and pre-trial matters 12/9/2004 Conference with Richard E. Coleson 0.20 $385.00 $77.00 JB regarding hearing; review e-mail to client Conference with James Bopp, Jr. regarding REC 0.20 $280.00 $56.00 hearing materials for review E-mail from and to Gimple with PDF of REC California's opposition brief; print same and 0.20 $280.00 $56.00 provide to Bopp with brief discussion 12/14/2004 Conference with Richard E. Coleson JB 0.20 $385.00 $77.00 regarding courtroom arrangements E-mail from courtroom deputy regarding calling arrangements; forward same to REC 0.20 $325.00 $65.00 James Bopp, Jr. and conference with James Bopp, Jr. regarding same 12/15/2004 Review briefing in preparation for hearing REC 2.50 $280.00 $700.00 on cross motions for summary judgment Conference with James Bopp, Jr. regarding REC 0.50 $280.00 $140.00 hearing Review file materials in preparation for REC 0.50 $280.00 $140.00 hearing Review California Republican Party v. REC FPPC and deliver copy to James Bopp, Jr. 0.90 $280.00 NO CHARGE for use in preparing for hearing Conference with Richard E. Coleson JB 0.50 $385.00 $192.50 regarding hearing 12/16/2004 Review pleadings and case for oral JB 5.00 $385.00 $1,925.00 argument Conference with James Bopp, Jr. regarding REC 0.50 $280.00 $140.00 oral argument Review briefing and prepare memorandum REC 2.50 $280.00 $700.00 for James Bopp, Jr. use Conference with Richard E. Coleson JB 0.50 $385.00 $192.50 regarding issues in oral argument Review briefing and prepare memorandum REC 4.00 $280.00 $1,120.00 for James Bopp, Jr. use 12/17/2004 Prepare for oral argument; conference (2x) JB 5.00 $385.00 $1,925.00 with Richard E. Coleson; review material JB Attend oral argument by phone 1.50 $385.00 $577.50 Phone call from local counsel regarding REC 0.20 $280.00 $56.00 Summary Judgment hearing Prepare for and audit Summary Judgment REC hearing with James Bopp, Jr.; conference 1.20 $280.00 $336.00 with James Bopp, Jr. regarding same REC Prepare arguments for hearing 0.50 $280.00 $140.00 Conference with James Bopp, Jr. and REC prepare requested memos in points for 3.00 $280.00 $840.00 hearing on motions for Summary Judgment 1/25/2005 Conference with Richard E. Coleson JB 0.20 $385.00 APPEAL regarding appeal arguments Conference with James Bopp, Jr. regarding REC 0.20 $280.00 APPEAL arguments for appeal 2/23/2005 Review and annotate remainder of summary REC judgment opinion; reflect on appeal 0.75 $280.00 $210.00 potential E-mails (2) from local counsel with summary judgment memorandum order REC and judgment and print same; e-mail to local 0.20 $280.00 $56.00 counsel and James Bopp, Jr. regarding outcome Letter to Bopp summarizing Damrell's REC 0.25 $280.00 $70.00 decision and appeal thoughts Review portion of summary judgment REC 0.20 $280.00 $56.00 opinion Reviewed e-mail from Richard E. Coleson JB 0.20 $385.00 $77.00 regarding Summary Judgment outcome JB Phone conference decisions 0.50 $385.00 $192.50 2/25/2005 E-mail from local counsel and review notice REC and draft order regarding changing party 0.20 $325.00 $65.00 names 3/2/2005 E-mail from local counsel regarding REC Amended Memorandum and Order; 0.20 $280.00 $56.00 download same 3/18/2005 Work on notice of appeal and representation REC 1.00 $280.00 APPEAL statement Review appellate rules, fee schedules, and REC 0.50 $280.00 APPEAL 9th Cir. information regarding appeals Prepare new case memo for billing clerk; REC 0.20 $280.00 NO CHARGE prepare new file Prepare notice of appeal; representation REC statement, docketing statement, and letter to 2.50 $280.00 APPEAL clerk 3/21/2005 Review rules on ordering transcript; prepare draft notice regarding transcript; prepare REC 1.50 $280.00 APPEAL Amended Notice of Appeal and e-mail to local counsel with a request for filing REC Create appellate file 0.20 $280.00 NO CHARGE Letter to Brian Johnston at CPLC regarding REC 0.20 $280.00 APPEAL status of case and appeal plan 3/22/2005 Check docket to confirm filing of Notice of REC 0.20 $280.00 NO CHARGE Appeal; e-mail to local counsel 3/25/2005 Finalize Appellant's Initial Notice regarding REC 0.40 $280.00 APPEAL Transcript; letter to clerk; serve counsel Phone call to 9th Circuit clerk regarding REC 0.10 $280.00 APPEAL docket number E-mails (two) from local counsel regarding REC two documents from district court regarding 0.20 $280.00 APPEAL appeal; e-mail to local counsel 3/28/2005 Letter from clerk with notice regarding REC 0.20 $280.00 NO CHARGE filing of Notice of Appeal Register for online filing; review online REC tutorial, federal courts' video, printouts of 2.00 $280.00 NO CHARGE use guide, etc. 4/1/2005 E-mail from district court and local counsel regarding 9th Circuit's receipt of case and assignment of case number; review notice and make note to send correction to 9th REC 0.20 $280.00 NO CHARGE Circuit for incorrectly listing appellant as CPLC Political Action Committee, not CPLC in e-mail; letter from 9th Circuit clerk with appeal schedule and review same Part 4 4/8/2005 Letter from clerk with conformed copy of initial transcript notice; e-mail from and to REC 0.20 $325.00 APPEAL local counsel regarding her receipt of materials from the 9th Circuit Review Time Schedule Order and other REC materials from 9th Circuit; calendar due 0.20 $280.00 NO CHARGE dates 4/15/2005 Check local rules regarding ordering transcript and scheduling order; check 9th REC 0.20 $280.00 NO CHARGE Circuit docket for any filing of appellees' notice regarding transcript Prepare notice of no transcripts ordered and file same; letter to court reporter and letter REC 1.00 $280.00 APPEAL to 9th Circuit regarding notice of no transcripts ordered 4/18/2005 E-mail from clerk with certificate of record completion; second e-mail from clerk REC 0.20 $280.00 APPEAL showing correction to first certificate; print and file away 4/22/2005 Review service copy of letter from Gimple to 9th Circuit requesting filing of attached REC transcript designation notice; review rules 0.50 $280.00 NO CHARGE and phone call to 9th Circuit Clerk's office regarding same Prepare amended notice and designation of transcript; file same electronically; letter to 9th Circuit Clerk regarding same; letter to court reporter Michelle Babbitt regarding REC same; phone call to clerk for contact 1.00 $280.00 APPEAL information for Babbitt and leave voicemail for same regarding transcript arrangements; e-mail from district court regarding electronic filing 4/26/2005 Review file and phone call to court reporter REC regarding need for transcript; left detailed 0.20 $280.00 APPEAL voicemail 4/27/2005 Check voicemail from Michelle Babbitt regarding ordering transcript; prepare check REC 0.20 $280.00 APPEAL request for same and deliver to bookkeeper; letter to Michelle Babbitt 5/19/2005 E-mail from district court regarding filing of REC transcript; check docket online and print 0.20 $280.00 APPEAL same 6/6/2005 Review rules; collect materials for Excerpts REC 1.00 $280.00 APPEAL of Record; prepare index and cover for same 6/7/2005 Review and annotate for briefing use the REC district court's opinion on cross-motions for 3.50 $280.00 APPEAL summary judgment REC Work on Excerpts of Record and Brief 0.50 $280.00 APPEAL Review summary judgment declarations and REC 0.20 $280.00 APPEAL reports REC Work on Excerpts of Record and Brief 2.70 $280.00 APPEAL 6/8/2005 REC Work on appellate brief 1.50 $280.00 APPEAL 6/9/2005 REC Work on appellate brief 4.00 $280.00 APPEAL REC Work on appellate brief 2.70 $280.00 APPEAL 6/10/2005 REC Work on appellate brief 2.20 $280.00 APPEAL REC Work on appellate brief 3.70 $280.00 APPEAL 6/13/2005 REC Work on appellant's brief 1.00 $280.00 APPEAL REC Work on appellant's brief 2.70 $280.00 APPEAL 6/14/2005 REC Work on appellate brief 1.50 $280.00 APPEAL Review several case opinions cited by the REC 1.80 $280.00 APPEAL 9th Circuit in its CPLC v. Getman opinion REC Work on appellate brief 0.50 $280.00 APPEAL Research California and federal definitions REC of contribution, expenditure, and 1.40 $280.00 APPEAL independent expenditure 6/15/2005 REC Prepare Brief of Appellant 1.50 $280.00 APPEAL REC Prepare Brief of Appellant 4.20 $280.00 APPEAL 6/16/2005 Prepare Brief of Appellant (review and REC revise through Part II; revise outline to end; 2.20 $280.00 APPEAL work on Part III) REC Work on Part III of Brief of Appellant 4.20 $280.00 APPEAL 6/17/2005 REC Work on Part III of Brief of Appellant 1.70 $280.00 APPEAL REC Work on Part III of Brief of Appellant 4.00 $280.00 APPEAL 6/20/2005 REC Work on Part III of Brief of Appellant 2.20 $280.00 APPEAL Work on Part III of Brief of Appellant; legal REC 4.20 $280.00 APPEAL research regarding same 6/21/2005 REC Work on Part III of appellate brief 3.00 $280.00 APPEAL REC Work on Part III of appellate brief 4.00 $280.00 APPEAL 6/22/2005 Review and revise numerous parts of REC 2.50 $280.00 APPEAL appellant's brief REC Revise numerous parts of appellant's brief 3.70 $280.00 APPEAL 6/23/2005 Review portions of district court opinion REC and check factual assertions with factual 0.60 $280.00 APPEAL statement and cited affidavits Research applicable statutes and regulations; revise portions of appellant's REC 2.50 $280.00 APPEAL brief, including issue statement and argument Reorganize whole brief and revise portions REC 1.50 $280.00 APPEAL of same Work on appellant's brief; draft new REC 1.70 $280.00 APPEAL material and reorganize old 6/24/2005 Work on appellant's brief regarding REC recipient committee burdens; research same 3.50 $280.00 APPEAL in code and regulations Work on appellant's brief regarding safe- harbor provision and burden of recipient REC committee status; add note to brief 2.20 $280.00 APPEAL regarding adding more facts concerning findings about nonprofits 6/27/2005 REC Review district court opinion 0.40 $280.00 APPEAL Review and revise statement of issue, REC summary of argument, and Part I of 1.20 $280.00 APPEAL appellant's brief REC Work on Part I of appellant's brief 4.00 $280.00 APPEAL Review FPPC advisory opinion and REC resolution regarding non-enforcement of on- 0.60 $280.00 APPEAL publication contributor listing 6/28/2005 REC Work on Part I of appellant's brief 3.00 $280.00 APPEAL Work on Part I and revise all opening parts REC of brief except jurisdictional and factual 4.00 $280.00 APPEAL statements 6/29/2005 REC Work on Part I of appellant's brief 4.20 $280.00 APPEAL REC Work on Part I of appellant's brief 3.10 $280.00 APPEAL Research evidence presented by defendants REC regarding applicability to donations as 0.30 $280.00 APPEAL opposed to contributions Phone call from Kathryn Gimple regarding REC absence from office next week and question 0.30 $280.00 APPEAL regarding possible extension 6/30/2005 REC Work on Part I of appellant's brief 3.70 $280.00 APPEAL REC Work on Part I of appellant's brief 3.20 $280.00 APPEAL 7/1/2005 Work on Part I of appellant's brief and REC research law and definitions on terms used 2.50 $280.00 APPEAL in "contribution" definition REC Work on Part I of appellant's brief 0.50 $280.00 APPEAL Work on Part I of appellant's brief; research REC meanings of purpose in various sources and 1.20 $280.00 APPEAL on Lexis 7/5/2005 REC Work on Part I of Brief of Appellant 3.20 $280.00 APPEAL Research on Lexis regarding California REC 1.30 $280.00 APPEAL cases on "purpose" and "intent" REC Prepare Part I of Brief of Appellant 2.70 $280.00 APPEAL 7/6/2005 REC Work on Section I of appellant's brief 1.50 $280.00 APPEAL REC Work on Section I of appellant's brief 4.20 $280.00 APPEAL 7/8/2005 REC Work on Section I of Brief of Appellant 2.50 $280.00 APPEAL REC Work on Section I of Brief of Appellant 1.70 $280.00 APPEAL REC Work on Section I of Brief of Appellant 1.00 $280.00 APPEAL 7/11/2005 Work on Section I of Brief of Appellant REC (regarding changed knowledge focus and 1.20 $280.00 APPEAL retroactive presumption) Work on Section I of Brief of Appellant (regarding commingling and changed focus REC 2.70 $280.00 APPEAL from payor's knowledge to payee's past activity) Work on Section I of Brief of Appellant (regarding what California needed and REC 1.20 $280.00 APPEAL failed to prove; how district court erred in justifying) 7/12/2005 Work on Section 1 of Brief of Appellant (revise various headings and content; legal REC research in Riley and Black cases; add in 3.00 $280.00 APPEAL material regarding Riley and Black cases on presumptions) Work on Section 1 of Brief of Appellant (regarding missing nexus and part of district REC 1.70 $280.00 APPEAL court's efforts to justify the PRA regulations) Work on Section 1 of Brief of Appellant (rework part about California's failure to REC meet proof burden as to interest in 1.70 $280.00 APPEAL regulating beyond true contributions; begin work on part about missing nexus) 7/13/2005 Revise draft of Appellant's brief from REC beginning to reduce number of words and 4.20 $325.00 APPEAL refine language and arguments Work on Brief of Appellant (in Section I work on lack of nexus argument and add Heller material; revise Section II; edit draft REC 2.70 $325.00 APPEAL from beginning to reduce number of words, refine arguments, and establish consistency in terminology 7/14/2005 Continue revision of appellant's brief to REC 3.50 $280.00 APPEAL reduce words and tighten argument Continue revision of appellant's brief to REC 3.00 $280.00 APPEAL reduce words and tighten argument 7/15/2005 Work on appellant's brief (primarily "reason REC to know," "commingled," "changed focus," 3.00 $280.00 APPEAL and reachback presumptions) Work on appellant's brief (primarily the REC 3.70 $280.00 APPEAL reason to know presumption portion) 7/18/2005 Finish revision to end of brief and begin REC 8.50 $280.00 APPEAL another revision to reduce words 7/19/2005 REC Revision of appellant's brief 4.00 $280.00 APPEAL Revision of appellant's brief and deliver REC copy to James Bopp, Jr. with brief 2.50 $280.00 APPEAL conference Proof, correct, and revise appellant's brief; REC 6.20 $280.00 APPEAL work on excerpts of record JB Review draft of brief 1.20 $385.00 APPEAL Conference with Richard E. Coleson JB 0.20 $385.00 APPEAL regarding revision of brief 7/20/2005 REC Finish revision of appellant's brief 1.20 $280.00 APPEAL Update and compile materials for master REC copy of Excerpts of Record for Bates 1.10 $280.00 APPEAL numbering Provide draft of brief to Barry A. Bostrom REC 0.10 $280.00 APPEAL for proofing Work on final revision and proofreading of brief; create tables of authorities and REC 4.50 $280.00 APPEAL contents; prepare word certification form and arrange for copying and binding Prepare letter to clerk and certificate of REC 0.50 $280.00 APPEAL mailing and filing Conference with Richard E. Coleson BAB 0.20 $280.00 APPEAL regarding revisions Conference with Barry A. Bostrom REC 0.20 $280.00 APPEAL regarding revisions to brief BAB Review and revise Appellant's Brief 2.70 $280.00 APPEAL 7/21/2005 Filing e-mails to and from Leidigh REC 0.20 $280.00 APPEAL regarding pdf exchange REC Work on oral argument file 0.20 $280.00 APPEAL 7/22/2005 Legal research in statutes regarding provisions relevant to there being no REC 0.20 $280.00 APPEAL rebuttal to presumption and file materials away for use in reply brief 7/27/2005 Receive package from clerk with conformed REC 0.20 $280.00 APPEAL copies and file same away 8/10/2005 E-mail from R. Leidigh with notice of time REC and page extension; recalculate and calendar 0.20 $280.00 APPEAL time for answer and reply 9/12/2005 Finish initial review and annotation of REC 0.30 $280.00 APPEAL response brief E-mail from R. Ledeigh with PDF of REC 0.20 $280.00 APPEAL response brief Receive box from Ledeigh with paper REC copies of brief and supplemental excerpts of 0.10 $280.00 APPEAL record Do initial review and annotation of brief REC 1.70 $280.00 APPEAL through page 42 Review applicable federal and 9th Circuit REC 0.20 $280.00 APPEAL rules REC Work on reply brief 3.00 $280.00 APPEAL 9/13/2005 Review rules and prepare Form 7 Notice; file and serve same by letter and e-mail; REC 0.60 $280.00 APPEAL letter to clerk; recalculate and calendar new filing date REC Work on brief 0.40 $280.00 APPEAL 9/16/2005 REC Check filing of Form 7 notice on PACER 0.20 $280.00 NO CHARGE Phone call to clerk's office regarding failure REC 0.20 $280.00 NO CHARGE to file Form 7 notice and calculate due date 9/19/2005 Initial review and annotation of amicus REC 0.50 $280.00 APPEAL curiae brief by Campaign Legal Center Review docket entry regarding Form 7 notice; review rules and Appellee's filings; REC 2.00 $280.00 NO CHARGE letter to clerk regarding need to correct docket entry and regarding prior insistence that proof of service be bound with brief 9/21/2005 Review and annotate amicus curiae brief of REC 0.70 $280.00 APPEAL Washington State st al. REC Work on reply brief 0.20 $280.00 APPEAL 9/26/2005 REC Review briefing and work on reply brief 1.50 $280.00 APPEAL REC Review briefing and work on reply brief 3.70 $280.00 APPEAL 9/27/2005 REC Review briefing and work on reply brief 0.50 $280.00 APPEAL 9/29/2005 Letter from clerk regarding corrections to REC 0.20 $280.00 NO CHARGE docket in response to letter sent 10/10/2005 REC Work on reply brief 1.00 $280.00 APPEAL 10/11/2005 REC Work on reply brief 2.70 $280.00 APPEAL REC Work on reply brief 3.00 $280.00 APPEAL REC Work on reply brief 1.50 $280.00 APPEAL 10/12/2005 REC Work on reply brief 5.50 $280.00 APPEAL REC Work on reply brief 0.20 $280.00 APPEAL REC Work on reply brief 0.20 $280.00 APPEAL REC Work on reply brief 5.50 $280.00 APPEAL 10/13/2005 REC Work on reply brief 2.70 $280.00 APPEAL REC Work on reply brief 4.50 $280.00 APPEAL 10/14/2005 REC Work on reply brief 4.20 $280.00 APPEAL 12/2/2005 Conference with Raeanna S. Moore JPG 0.20 $230.00 APPEAL regarding preparation for oral argument JPG Read briefs 1.00 $230.00 APPEAL Conference with Jeffrey P. Gallant RSM 0.20 $230.00 APPEAL regarding preparation for oral argument 11/13/2006 Review notice of reassignment of attorneys REC 0.10 $280.00 NO CHARGE and file same away 1/3/2007 Review and annotate party briefs in preparation for submitting supplemental REC 2.50 $280.00 APPEAL authorities and updating arguments for James Bopp, Jr. use at oral argument Conference with Richard E. Coleson JB 0.10 $385.00 APPEAL regarding oral argument Retrieve and scan current version of cases for supplemental authority; review updated REC 1.20 $280.00 APPEAL rules on supplement authority etc.; work on supplemental authority letter Prepare and mail notice of oral argument REC 0.20 $280.00 APPEAL forms Letter from clerk with oral argument REC 0.20 $280.00 APPEAL information and scan same and calendar Conference with James Bopp, Jr. regarding REC 0.10 $280.00 APPEAL oral argument and supplemental authority 1/9/2007 Prepare and arrange mailing and service for REC 2.50 $280.00 APPEAL Supplemental Authority letter 1/11/2007 E-mail from and to local counsel regarding REC 0.10 $280.00 APPEAL oral argument 1/15/2007 Letter from clerk with notice regarding change of courtroom and request for new acknowledgement forms; review all REC 0.50 $280.00 APPEAL materials sent regarding oral argument and fill out forms for Bopp and Coleson and send to clerk 1/17/2007 Review file and prepare materials and REC arguments for James Bopp, Jr. use at oral 2.50 $280.00 APPEAL argument 1/18/2007 Review briefs for authorities to add to oral REC 0.80 $280.00 APPEAL argument file for James Bopp, Jr. review 1/19/2007 Finish review of opening brief and review REC State's brief; prepare materials and 3.80 $280.00 APPEAL arguments from both for oral argument file Review part of opening appellant brief and REC make notes of arguments and materials for 1.10 $280.00 APPEAL oral argument file Review part of opening appellant brief and REC make notes of arguments and materials for 1.20 $280.00 APPEAL oral argument file 1/22/2007 Letter from Woodlock with objections to REC 0.10 $280.00 APPEAL our supplemental authority 1/24/2007 Review reply brief and collect materials and notes of arguments for oral argument file; REC 3.80 $280.00 APPEAL check 9th Circuit docket and add to oral argument file 1/25/2007 Review and revise memorandum to James REC Bopp, Jr. regarding oral argument and 0.60 $280.00 APPEAL prepared file 2/6/2007 Instant message from James Bopp, Jr. requesting a check of 9th Circuit forjudges REC 0.30 $280.00 APPEAL on panel for oral argument; retrieve same and e-mail to James Bopp, Jr. Retrieve biographical information on judges for James Bopp, Jr. review before oral REC 0.30 $280.00 APPEAL argument; audit voicemail from Court regarding attendance at oral argument Phone call from Judge Noonan's chambers REC 0.10 $280.00 APPEAL regarding attorney doing oral argument E-mail to James Bopp, Jr. regarding phone REC call from Noonan's chambers and phone call 0.10 $280.00 APPEAL from same regarding call Send message to Richard E. Coleson JB 0.10 $385.00 APPEAL regarding 9th Circuit panel 2/7/2007 Prepare additional materials for oral REC 0.30 $280.00 APPEAL argument file 2/10/2007 JB Prepare for oral argument; review pleadings 5.00 $385.00 APPEAL 2/11/2007 Prepare for oral argument, review cases; JB 10.00 $385.00 APPEAL travel 2/12/2007 Prepare for oral argument; attend argument; JB 10.00 $385.00 APPEAL travel 2/19/2007 Conference with Richard E. Coleson JB 0.20 $385.00 APPEAL regarding oral argument 7/3/2007 Work on supplemental authority letter REC 2.00 $280.00 APPEAL (review rules and work on substance) Finish file and serve Supplemental REC 2.30 $280.00 APPEAL Authority 7/23/2007 Review Attorney General's response to our REC 0.20 $280.00 APPEAL Supplemental Authority letter 8/28/2007 Check local rules; review file, and prepare supplemental authority regarding 10th REC 1.10 $280.00 APPEAL Circuit decision in Colorado Right to Life case 9/20/2007 Review opposition letter to Ninth Circuit REC regarding our supplemental authority letter 0.20 $280.00 APPEAL and file same away 11/14/2007 E-mail from James Bopp, Jr. regarding opinion release and retrieve opinion from REC 9th Circuit website; phone call from James 0.20 $280.00 APPEAL Bopp, Jr. regarding opinion and needed case work Phone call to Richard E. Coleson regarding JB 0.20 $385.00 APPEAL opinion and needed case work Conference with Raeanna S. Moore regarding need to address questions from REC 0.10 $280.00 APPEAL James Bopp, Jr. regarding attorneys' fees application Conference with Richard E. Coleson regarding need to address questions from RSM 0.10 $230.00 APPEAL James Bopp, Jr. regarding attorneys' fees application REC Review and annotate 9th Circuit opinion 1.60 $280.00 APPEAL 11/15/2007 REC Begin work on memorandum analyzing case 0.60 $280.00 APPEAL Second conference with Jeffrey P. Gallant REC and Clayton J. Callen regarding analysis and 0.30 $280.00 APPEAL implications of 9th Circuit decision E-mail to client and local counsel regarding REC 0.20 $280.00 APPEAL Ninth Circuit opinion Phone call to Richard E. Coleson regarding JB 9th Circuit opinion and case options and 0.70 $385.00 APPEAL needs Phone call from James Bopp, Jr. regarding REC 9th Circuit opinion and case options and 0.70 $280.00 APPEAL needs Conference with Jeffrey P. Gallant and Clayton J. Callen regarding analysis and REC implications of 9th Circuit decision and 0.50 $280.00 APPEAL possibilities of en banc consideration and petition for certiorari 11/20/2007 Review 9th Circuit opinion regarding REC resolution of "reachback" provision of 0.20 $280.00 APPEAL "contribution" presumption Review Chuck Bell's letter regarding look RSM back period and conference with Richard E. 0.80 $230.00 APPEAL Coleson regarding same 11/21/2007 Review court opinions, briefs, and REC regulatory scheme to determine actual effect 1.20 $280.00 $336.00 of 9th Circuit decision Conference with James Bopp, Jr. regarding 9th Circuit decision and effect on REC 0.90 $280.00 $252.00 California's regulatory scheme; review amended complaint together and discuss Conference with Richard E. Coleson regarding 9th Circuit decision and effect on JB 0.90 $385.00 $346.50 California's regulatory scheme; discuss amended complaint Further review of California regulatory REC scheme and amended complaint and prior 0.60 $280.00 $168.00 9th Circuit decision Part 5 11/21/2007 Conference with James Bopp, Jr. regarding REC how best to describe what 9th Circuit 0.20 $280.00 $56.00 actually held 12/3/2007 Review FPPC minutes regarding new JB 0.20 $385.00 $77.00 regulations Phone call from James Bopp, Jr. regarding FPPC meeting last Tuesday and request for REC 0.10 $280.00 $28.00 online search for news regarding meeting as to possible certificate petition Search online per James Bopp, Jr. request for any information about FPPC decision as REC 0.40 $280.00 $112.00 to possible cert petition; e-mail to James Bopp, Jr. regarding same 12/4/2007 E-mail from James Bopp, Jr. regarding FPPC action and review minutes of FPPC REC meeting regarding new regulation 0.20 $280.00 $56.00 implementing CPLC v. Randolph decision by 9th Circuit Conference with Clayton J. Callen regarding REC 0.10 $280.00 $28.00 retrieving new FPPC regulations 12/10/2007 Letter from 9th Circuit with copy of judgment sent to District Court; e-mail REC 0.10 $280.00 $28.00 notice form District Court of arrival of judgment from 9th Circuit JB Review new regulations 0.50 $385.00 $192.50 1/7/2008 Conference with James Bopp, Jr. regarding JPG 0.10 $230.00 $23.00 substance of stipulated judgment Conference with James Bopp, Jr. regarding JPG 0.10 $230.00 $23.00 substance of stipulated judgment 1/10/2008 Phone call from Judge's clerk regarding JPG 0.20 $230.00 $46.00 status conference and hearing 1/11/2008 Review e-mail from Judge Demrell's clerk JPG regarding consideration of fee petition at 0.10 $230.00 $23.00 status conference 1/14/2008 Draft e-mail to Larry Woodlock regarding JPG 0.30 $230.00 NO CHARGE stipulated judgment, status conference Conference with Richard E. Coleson regarding substance of stipulated judgment, JPG 0.20 $230.00 $46.00 whether we should offer one before CA does Conference with Jeffrey P. Gallant REC 0.20 $280.00 $56.00 regarding judgment 1/15/2008 Draft e-mail to Larry Woodlock regarding JPG 0.10 $230.00 $23.00 stipulated judgment Review e-mail from Larry Woodlock JPG 0.20 $230.00 $46.00 regarding stipulated judgment Conference with Richard E. Coleson JPG regarding 9th Circuit Opposition, new FPPC 1.90 $230.00 $437.00 regulations, stipulated judgment Conference with Richard E. Coleson, James JPG Bopp, Jr. regarding9th Circuit Opposition, 0.40 $230.00 $92.00 new FPPC regulations, stipulated judgment JB Conference with Richard E. Coleson and 0.40 $385.00 $154.00 Jeffrey P. Gallant regarding judgment Conference with James Bopp, Jr. regarding 9th Circuit opinion, new FPPC REC regulation regarding PAC-style disclosure 0.40 $280.00 $112.00 requirements, and proper wording for proposed judgment Conference with Richard E. Coleson regarding 9th Circuit opinion, new FPPC JB regulation regarding PAC-style disclosure 0.40 $385.00 $154.00 requirements, and proper wording for proposed judgment Conference with Jeffrey P. Gallant REC 0.10 $280.00 $28.00 regarding proposed judgment Conference with Richard E. Coleson JPG 0.10 $230.00 $23.00 regarding proposed judgment Review Ninth Circuit opinion and new REC regulation and conference with Jeffrey P. 1.90 $280.00 $532.00 Gallant regarding wording for judgment 1/16/2008 Work on draft judgment: research statutes to JPG 4.20 $230.00 $966.00 be enjoined Conference with Richard E. Coleson JPG 0.20 $230.00 $46.00 regarding statutes to be enjoined, briefing 1/17/2008 Conference with Richard E. Coleson JPG regarding statutes and regulations to include 0.10 $230.00 NO CHARGE in stipulated judgment JPG Work on proposed judgment 3.80 $230.00 $874.00 1/18/2008 Conference with James Bopp, Jr. regarding JPG language of stipulated judgment, e-mails 0.50 $230.00 $115.00 regarding same Phone call from Larry Woodlock regarding JPG 0.20 $230.00 $46.00 stipulated judgment Phone call to Larry Woodlock regarding 1. arrival of stipulated judgment and 2. JPG briefing of fee petition for both 9th and 0.20 $230.00 NO CHARGE district court at the same time after judgment (time as per local rules) (.1) Phone call to Larry Woodlock regarding JPG 0.20 $230.00 $46.00 stipulated judgment, fee petition briefing Review statutes, regulations for stipulated JPG 0.80 $230.00 $184.00 judgment, drafting same Phone call to Larry Woodlock regarding 1. arrival of stipulated judgment and 2. JPG briefing of fee petition for both9th and 0.20 $230.00 $46.00 district court at the same time after judgment (time as per local rules) (.1) 1/24/2008 Answer questions from Jeffrey P. Gallant regarding issues relating to REC 0.20 $280.00 NO CHARGE locabounsel, joint status report, and coming status conference Conference with Jeffrey P. Gallant CJC regarding joint status report, research 0.20 $170.00 NO CHARGE assignment Research on local rules and form for joint CJC 0.20 $170.00 $34.00 status report Conference with Jeffrey P. Gallant, review CJC 0.20 $170.00 NO CHARGE closed files on case for document retrieval Phone call from Larry Woodlock regarding JPG 0.10 $230.00 $23.00 joint status conference report Phone call to Larry Woodlock regarding JPG 0.10 $230.00 $23.00 joint status conference report Conference with Richard E. Coleson JPG 0.80 $230.00 NO CHARGE regarding same: approach to finalizing case E-mails to, from Larry Woodlock regarding JPG 0.40 $230.00 $92.00 joint status conference report 1/25/2008 Conference with Jeffrey P. Gallant REC 0.10 $280.00 $28.00 regarding case needs E-mail to, from L. Woodlock regarding JPG 0.20 $230.00 $46.00 status conference report E-mail to James Bopp, Jr. regarding draft JPG 0.20 $230.00 $46.00 status conference report E-mail to, from T. Ballard regarding status JPG 0.30 $230.00 $69.00 conference report, upcoming filings Review rules regarding motion for judgment JPG 2.70 $230.00 NO CHARGE -synthesize in an outline JPG Review draft status conference report 0.40 $230.00 $92.00 1/26/2008 Work on joint status report, proposed order JPG 7.20 $230.00 $1,656.00 and judgment JPG Research local rules regarding status reports 0.50 $230.00 NO CHARGE Computer assisted legal research regarding JPG district courts' duty to follow appellate 0.10 $230.00 $23.00 courts' opinion on remand E-mail report, proposed order and judgment JPG 0.10 $230.00 $23.00 to James Bopp, Jr. 1/28/2008 Phone conference with Jeffrey P. Gallant JB 0.50 $385.00 $192.50 regarding joint status report REC Review drafts of same per Gallant request 0.20 $280.00 $56.00 Conference with Jeffrey P. Gallant REC regarding joint status report and draft 0.20 $280.00 NO CHARGE proposed order Conference with Jeffrey P. Gallant REC regarding proper wording for draft judgment 0.10 $280.00 $28.00 and order Conference with Jeffrey P. Gallant REC regarding proper framing of 9th Circuit 0.10 $280.00 $28.00 holding for judgment 1/29/2008 E-mail to, from Attorney General's office JPG regarding edits, corrections, signatures, 0.50 $230.00 $115.00 filing requirements E-mail to, from local counsel regarding 0.40 $230.00 $92.00 filing 0.40 $230.00 $92.00 Prepare check request to reimburse local JPG 0.10 $230.00 $23.00 counsel for pro hac vice filing JPG E-mail from court regarding e-filing 0.10 $230.00 $23.00 Conference with Richard E. Coleson JPG 0.20 $230.00 $46.00 regarding local rules on signatures E-mails to, from H. Rowan regarding final JPG 0.70 $230.00 $161.00 version, signatures Review e-filing regarding pro hac vice JPG 0.10 $230.00 NO CHARGE application Conference with Richard E. Coleson JPG regarding draft statement for status 0.10 $230.00 NO CHARGE conference Review draft of Joint Status Conference JB 0.70 $385.00 $269.50 Report E-mail T. Ballard regarding possibly JPG 0.20 $230.00 $46.00 attending status conference Finish, edit proposed joint conference JPG 2.20 $230.00 $506.00 report; proof, edit order, judgment Conference with Richard E. Coleson JPG 0.20 $230.00 $46.00 regarding proposed joint conference report Phone call to, from James Bopp, Jr. JPG 0.30 $230.00 $69.00 regarding proposed joint conference report Review draft of statement for status REC conference; discuss same with Jeffrey P. 0.30 $280.00 NO CHARGE Gallant [.1] E-mail to, from Larry Woodlock, Heather JPG Rowan regarding proposed joint conference 0.40 $230.00 $92.00 report; convert to Word and re-send Revisions to draft report, proposed order, JPG 1.00 $230.00 $230.00 judgment JPG Check on FedEx delivery 0.30 $230.00 NO CHARGE Review rules regarding signatures JPG 0.20 $230.00 $46.00 Phone conference with Jeffrey P. Gallant JB regarding draft of Joint Status Conference 0.30 $385.00 $115.50 Report JPG Review rules regarding signatures 0.30 $230.00 NO CHARGE JPG E-mail from court, print NEF for file 0.20 $230.00 $46.00 E-mail from court, review ECF 0.30 $230.00 $69.00 JPG requirements E-mail to L. Woodlock regarding our draft JPG 0.10 $230.00 $23.00 report, order, judgment E-mail to T. Ballard regarding possibly JPG filing separate joint status report, needs for 0.20 $230.00 $46.00 fee petition E-mail to T. Ballard regarding pro hac vice JPG 0.20 $230.00 NO CHARGE package 1/30/2008 JPG File copy of order granting pro hac vice 0.10 $230.00 $23.00 E-mail to, from local counsel regarding JPG 0.20 $230.00 $46.00 invoice for pro hac vice fee JPG Review final version as filed 0.40 $230.00 NO CHARGE E-mail to, from local counsel regarding JPG 0.20 $230.00 $46.00 status report Review three electronic filing notices from REC 0.10 $280.00 $28.00 clerk 1/31/2008 Review invoice from T. Ballard for JPG reimbursement of pro hac vice fee, copy to 0.20 $230.00 NO CHARGE Sam 2/1/2008 E-mail from Attorney General's office JPG 0.30 $230.00 NO CHARGE regarding formatted order 2/4/2008 E-mail to local counsel regarding status JPG 0.20 $230.00 $46.00 conference Phone call to Maureen Price regarding JPG 0.20 $230.00 $46.00 telephonic attendance Phone call from, e-mail to James Bopp, Jr. JPG 0.30 $230.00 $69.00 regarding status conference Review minute order, e-mail to James Bopp, JPG 0.30 $230.00 $69.00 Jr. regarding same E-mail from Attorney General's office, e- JPG mail proposed order to correct e-mail 0.30 $230.00 $69.00 address 2/5/2008 Conference with Richard E. Coleson regarding vacating of status conference and JPG 0.20 $230.00 $46.00 briefing due, conference with Richard E. Coleson regarding same E-mails to, from T. Ballard regarding status JPG 0.30 $230.00 $69.00 conference 2/8/2008 Review Judge's order for Supplemental JB 0.20 $385.00 $77.00 Briefing Conference with Jeffrey P. Gallant JB 0.40 $385.00 $154.00 regarding response Conference with James Bopp, Jr. regarding JPG 0.20 $230.00 $46.00 response Review order from court for briefing REC 0.10 $280.00 $28.00 regarding judgment language 2/18/2008 Outline supplemental brief: what PAC-like requirements are covered by 9th Circuit JPG 2.50 $230.00 $575.00 remand; effect of regulations on need for injunction Outline supplemental brief: what PAC-like JPG requirements are covered by 9th Circuit 2.50 $230.00 $575.00 remand Computer assisted legal research regarding JPG 9th Circuit law on cognizable burdens of 0.10 $230.00 $23.00 speech Review JPG regarding cognizable burdens of 0.30 $230.00 $69.00 speech Conference with Clayton J. Callen regarding JPG research on CA canons of statutory 0.10 $230.00 $23.00 construction Review 9th Circuit opinion, review JPG 0.30 $230.00 $69.00 proposed order Research for supplemental briefing CJC regarding statutory construction and agency 1.20 $170.00 $204.00 interpretations 2/19/2008 Work on supplemental brief: what PAC-like requirements are covered by 9th Circuit JPG 3.10 $230.00 $713.00 remand; effect of regulations on need for injunction 2/20/2008 JPG Work on supplemental brief 4.50 $230.00 $1,035.00 Conference with Richard E. Coleson JPG regarding PAC-like burdens in 0.10 $230.00 $23.00 opinion Conference with Jeffrey P. Gallant REC regarding scope of "pac-like burdens" in 9th 0.10 $280.00 $28.00 Circuit opinion Conference with Richard E. Coleson JPG regarding scope of "pac-like burdens" in 9th 0.10 $230.00 $23.00 Circuit opinion 2/21/2008 Conference with Jeffrey P. Gallant regarding Supreme Court's permissible REC scope of disclosure for independent 0.10 $280.00 $28.00 expenditures under JPG Work on on supplemental brief 5.60 $230.00 $1,288.00 Conference with Richard E. Coleson JPG regarding permissible scope of disclosure 0.10 $230.00 $23.00 under MCFL Conference with Richard E. Coleson JPG regarding permissible scope of disclosure 0.10 $230.00 $23.00 under MCFL JPG Computer assisted legal research 0.10 $230.00 $23.00 2/22/2008 Proofread draft of supplemental brief from REC Jeffrey P. Gallant regarding correct wording 0.70 $280.00 $196.00 for court's judgment JB Review draft response to Judge's order 0.20 $385.00 $77.00 Review Part II of draft of supplemental brief from Jeffrey P. Gallant regarding why an REC 0.80 $280.00 $224.00 injunction is needed; conference with Jeffrey P. Gallant regarding same (.3) Conference with Richard E. Coleson JPG regarding Part II of draft of supplemental 0.30 $230.00 $69.00 brief regarding why an injunction is needed JPG Work on supplemental brief, proofing, edits 6.20 $230.00 $1,426.00 Conference with Richard E. Coleson JPG 0.30 $230.00 $69.00 regarding edits, proofing Conference with Richard E. Coleson JPG 0.30 $230.00 $69.00 regarding need for injunction Review court email regarding notice of JPG 0.10 $230.00 $23.00 appearance 2/28/2008 Review defendant's memo on Court's JB 0.50 $385.00 $192.50 question 2/29/2008 Conference with Jeffrey P. Gallant REC regarding arguments for reply brief 0.50 $280.00 $140.00 regarding why injunction is needed Review and edit portion of reply regarding REC 0.30 $280.00 $84.00 injunction per Jeffrey P. Gallant request Review and edit reply regarding injunction REC 0.70 $280.00 $196.00 need per Jeffrey P. Gallant request CJC Proofread brief for Jeffrey P. Gallant 0.40 $170.00 $68.00 3/3/2008 Conference with Richard E. Coleson JPG 0.10 $230.00 NO CHARGE regarding reply 3/12/2008 JPG Review order 0.20 $230.00 $46.00 Review three electronic notices from court regarding judgment and notice regarding same; print memorandum order and REC 0.30 $280.00 $84.00 judgment and review same; conference with James Bopp, Jr. Jeffrey P. Gallant) regarding nature of order(. 1) Conference with Richard E. Coleson (with JB 0.10 $385.00 $38.50 Jeffrey P. Gallant) regarding nature of order Conference with James Bopp, Jr. and JPG 0.10 $230.00 $23.00 Richard E. Coleson regarding order JB Review court order 0.20 $385.00 $77.00 Conference with Jeffrey P. Gallant JB 0.20 $385.00 $77.00 regarding effect of order on fees 3/19/2008 CJC Research on fee petitions in 9th Circuit 1.60 $170.00 $304.00 8/18/1999 cost advanced for computer assisted legal research: regarding Furgatch and CAN II; BCB $80.73 $80.73 researched California code in search of definition of "political action committee" 8/19/1999 cost advanced for computer assisted legal BCB research: regarding Colorado Republican $8.40 NO CHARGE case cost advanced for computer assisted legal BCB research: regarding California case law on $2.63 NO CHARGE independent expenditures cost advanced for computer assisted legal BCB $43.63 $43.63 research: regarding regulations cost advanced for computer assisted legal BCB research: research California code on $21.60 $21.60 political reform (i.e. committees) cost advanced for computer assisted legal BCB $32.93 NO CHARGE research: regarding regulations cost advanced for computer assisted legal BCB $13.75 NO CHARGE research: retrieved Maine RTL case 8/20/1999 cost advanced for computer assisted legal BCB research: researched caselaw and FPPC $54.30 $54.30 opinions on contribution interpretation 8/23/1999 cost advanced for computer assisted legal research: regarding case law, regulations, BCB $102.45 NO CHARGE Attorney General opinions on independent expenditures 8/25/1999 cost advanced for fax charges (16 pgs) BCB advise letters from the FPPC concerning $1.00 NO CHARGE independent expenditures 8/30/1999 cost advanced for computer assisted legal BCB research: regarding California regulations $17.00 NO CHARGE on independent expenditures cost advanced for computer assisted legal research: regarding advisory opinions and BCB $83.63 $83.63 regulations of the FPPC concerning definition of "committee" 8/31/1999 cost advanced for computer assisted legal BCB research: regarding enforcement provisions $53.03 $53.03 of California code title 9 cost advanced for computer assisted legal BCB $5.25 NO CHARGE research: cost advanced for computer assisted legal BCB $5.25 $5.25 research: cost advanced for fax charges (7 pgs) rcv'd BCB $1.00 $7.00 copy of FPPC chapter 3 10/8/1999 cost advanced for computer assisted legal research: research issue advocacy and BCB $130.20 NO CHARGE express advocacy in the federal courts — shepardized Furgatch 10/21/1999 cost advanced for computer assisted legal BCB $33.00 $33.00 research: regarding decisions cost advanced for computer assisted legal BCB $33.00 NO CHARGE research: regarding decisions 10/30/1999 cost advanced for long distance phone BCB charges from Frontier phone bill for 9/20/99 $0.92 $0.92 — 10/19/99 cost advanced for long distance phone BCB charges from Frontier phone bill for 9/20/99 $0.92 NO CHARGE — 10/19/99 10/31/1999 cost advanced for long distance phone BCB charges from Frontier phone bill for 8/19/99 $3.36 $3.36 — 9/19/99 cost advanced for long distance phone BCB charges from Frontier phone bill for 8/19/99 $3.36 NO CHARGE — 9/19/99 12/20/1999 cost advanced for computer assisted legal BCB research: regarding CA caselaw and $68.00 NO CHARGE advisory opinion's cost advanced for computer assisted legal BCB $121.00 NO CHARGE research: regarding advisory opinion's cost advanced for computer assisted legal BCB research: regarding CA caselaw and $68.00 $68.00 advisory opinion's cost advanced for computer assisted legal BCB $121.00 $121.00 research: regarding advisory opinion's 12/23/1999 cost advanced for computer assisted legal BCB $24.40 NO CHARGE research: regarding advisory opinion's cost advanced for computer assisted legal BCB $24.40 $24.40 research: regarding advisory opinion's 1/26/2000 cost advanced for computer assisted legal BCB research: researched advisory opinion's for $23.78 NO CHARGE "clear plea for action" 1/28/2000 cost advanced for computer assisted legal BCB $5.25 NO CHARGE research: cost advanced for computer assisted legal BCB $5.25 $5.25 research: 2/7/2000 cost advanced for computer assisted legal BCB $0.24 $0.24 research: checked cite BCB cost advanced for computer assisted legal $0.24 NO CHARGE research: checked cite 2/19/2000 cost advanced for long distance phone BCB charges from Global Crossing phone bill for $1.73 NO CHARGE 1/20/00 -2/19/00 cost advanced for long distance phone BCB charges from Global Crossing phone bill for $1.73 $1.73 1/20/00 -2/19/00 3/1/2000 cost advanced for computer assisted legal BCB $51.65 $51.65 research: regarding irreparable injury 3/2/2000 cost advanced for computer assisted legal BCB $38.00 NO CHARGE research: cost advanced for fax charges (6 pgs) BCB $1.00 $6.00 regulation 18215 cost advanced for computer assisted legal BCB $38.00 $38.00 research: cost advanced for computer assisted legal BCB $23.10 NO CHARGE research: regarding "serious question" 3/3/2000 cost advanced for computer assisted legal BCB research: advisory opinion's regarding $120.62 $120.62 18215 cost advanced for computer assisted legal BCB $24.00 $24.00 research: regarding advisory opinion cost advanced for computer assisted legal BCB research: regarding preliminary injunction $46.18 $46.18 standards cost advanced for computer assisted legal BCB $24.00 NO CHARGE research: regarding advisory opinion 3/7/2000 cost advanced for computer assisted legal BCB $87.96 NO CHARGE research: issue advocacy cost advanced for computer assisted legal BCB $6.40 $6.40 research: cost advanced for computer assisted legal BCB $9.82 $9.82 research: retrieve Shrink PAC cost advanced for computer assisted legal BCB $6.40 NO CHARGE research: 3/8/2000 cost advanced for computer assisted legal BCB $2.50 $2.50 research: cost advanced for computer assisted legal BCB $2.50 NO CHARGE research: 3/24/2000 cost advanced for computer assisted legal BCB $0.71 NO CHARGE research: looked up cite cost advanced for computer assisted legal BCB $0.71 $0.71 research: looked up cite 3/27/2000 cost advanced for computer assisted legal BCB $13.07 $13.07 research: regarding class action suits 4/18/2000 cost advanced for computer assisted legal BCB $177.00 NO CHARGE research: advisory opinion search cost advanced for computer assisted legal BCB $177.00 $177.00 research: advisory opinion search 4/19/2000 cost advanced for computer assisted legal BCB $0.50 NO CHARGE research: cost advanced for computer assisted legal BCB $0.50 $0.50 research: 5/3/2000 cost advanced for long distance phone BCB charges from Global Crossing phone bill for $4.37 NO CHARGE 2/20/00 -3/19/00 cost advanced for long distance phone BCB charges from Global Crossing phone bill for $4.37 $4.37 2/20/00 -3/19/00 5/4/2000 cost advanced for payment to local counsel BCB $14.13 $14.13 for services — James F. Sweeney 5/9/2000 cost advanced for long distance phone BCB charges from Global Crossing phone bill for $10.01 $10.01 3/20/00 -4/19/00 cost advanced for long distance phone BCB charges from Global Crossing phone bill for $10.01 NO CHARGE 3/20/00 -4/19/00 5/15/2000 cost advanced for FedEx to James F. BCB $14.82 $14.82 Sweeney delivered on 4/20/00 5/16/2000 cost advanced for postage to mail letter to BCB $0.33 $0.33 local counsel — J. Sweeney 7/10/2000 cost advanced for computer assisted legal BCB $3.15 NO CHARGE research: pulled case and U/N v. Rypie cost advanced for pro hac vice fee — U.S. BCB $160.00 $160.00 District Court Clerk cost advanced for filing fee — U.S. District BCB $150.00 $150.00 Court Clerk cost advanced for computer assisted legal BCB $3.15 $3.15 research: pulled case and U/N v. Rypie 7/11/2000 cost advanced for FedEx to James Sweeney BCB $14.82 $14.82 delivered on 4/20/00 7/17/2000 cost advanced for computer assisted legal BCB $36.80 NO CHARGE research: cost advanced for computer assisted legal BCB $36.80 $36.80 research: 7/19/2000 cost advanced for long distance phone BCB charges from Global Crossing phone bill for $39.65 $39.65 6/20/00 -7/19/00 7/31/2000 cost advanced for FedEx to James F. BCB $32.19 $32.19 Sweeney delivered on 7/11/00 8/14/2000 cost advanced for payment to local counsel BCB for services/fees — payable to James $19.06 $19.06 Sweeney cost advanced for photocopies — payable to BCB $84.05 NO CHARGE Sir Speedy cost advanced for photocopies — payable to BCB $84.05 $84.05 Sir Speedy 8/19/2000 cost advanced for long distance phone BCB charges from Global Crossing phone bill for $15.41 NO CHARGE 7/19/00-8/19/00 cost advanced for long distance phone BCB charges from Global Crossing phone bill for $15.41 $15.41 7/19/00-8/19/00 8/23/2000 Cost advanced for Service of Process — BCB $212.25 $212.25 Nationwide Legal Services 9/13/2000 cost advanced for fax charges: Notice of JB $1.00 $5.00 Joinder faxed cost advanced for fax charges: motion to BCB $1.00 $32.00 dismiss from Defendant 9/14/2000 cost advanced for photocopies: Defendant's BCB $0.25 $61.25 exhibits 9/15/2000 cost advanced for fax charges: Defendant's BCB $1.00 $32.00 amended Notice of Motion and Brief cost advanced for fax charges: received BCB $1.00 $32.00 amended motion for dismissal 9/18/2000 BCB cost advanced for costs $133.04 $133.04 9/25/2000 cost advanced for computer assisted legal BCB $479.53 $479.53 research: research standing 9/26/2000 cost advanced for photocopies: copies of BCB $0.25 $55.50 amended verified complaint cost advanced for photocopies: copies of BCB $0.25 $148.75 exhibits 9/28/2000 cost advanced for fax charges: exparte BCB $1.00 $6.00 application 9/29/2000 BCB cost advanced for postage $1.65 $1.65 cost advanced for fax charges: filed mailed BCB $1.00 $7.00 copy from local counsel 10/2/2000 cost advanced for fax charges: received fax BCB $1.00 $5.00 from Michelle Bach and Notice of Joinder cost advanced for fax charges: page 7 of BCB $1.00 $2.00 memorandum cost advanced for photocopies: copies of BCB $0.25 $73.50 brief to attorneys cost advanced for computer assisted legal AK research: searching for language in similar $39.00 NO CHARGE cases 10/3/2000 cost advanced for computer assisted legal BCB $111.00 $111.00 research: cost advanced for computer assisted legal BCB $111.00 NO CHARGE research: cost advanced for computer assisted legal AK $12.00 NO CHARGE research: reading cited case 10/4/2000 cost advanced for computer assisted legal BCB $18.00 $18.00 research cost advanced for computer assisted legal JDB $21.90 NO CHARGE research: research FPPC Adv. Ops cost advanced for computer assisted legal BCB $13.16 $13.16 research cost advanced for computer assisted legal BCB $18.00 NO CHARGE research cost advanced for computer assisted legal BCB $13.16 NO CHARGE research cost advanced for computer assisted legal AK $33.00 $33.00 research: retrieve cases on standing cost advanced for computer assisted legal JDB $21.90 $21.90 research: research FPPC Adv. Ops 10/5/2000 cost advanced for computer assisted legal AK $6.00 NO CHARGE research: search for language in cases cost advanced for computer assisted legal BCB $51.00 NO CHARGE research: cost advanced for computer assisted legal research: word search in Buckley for JDB important points regarding independent $9.00 NO CHARGE expenditures and regulations pursuant thereto cost advanced for computer assisted legal BCB $51.00 $51.00 research: cost advanced for computer assisted legal AK $6.00 $6.00 research: search for language in cases 10/6/2000 cost advanced for computer assisted legal BCB $3.00 $3.00 research cost advanced for computer assisted legal BCB $3.00 NO CHARGE research cost advanced for photocopies: copy of BCB $0.25 $1.00 FECA section 441b, 434(c) 10/9/2000 cost advanced for photocopies: copy CA BCB $0.25 $21.00 PRA code for use in reply 10/10/2000 cost advanced for computer assisted legal BCB $49.00 $49.00 research cost advanced for computer assisted legal AK $3.00 NO CHARGE research: retrieve cases cost advanced for computer assisted legal BCB $49.00 NO CHARGE research cost advanced for computer assisted legal AK $3.00 $3.00 research: retrieve cases cost advanced for computer assisted legal AK $12.00 $12.00 research: retrieve cases cost advanced for computer assisted legal AK $12.00 NO CHARGE research: retrieve cases cost advanced for photocopies: copied BCB plaintiff's reply to defendant's response and $0.25 $8.50 ls response memorandum cost advanced for photocopies: copied BCB Supplemental opposition to plaintiff's $0.25 $63.00 motion for summary judgment for attorneys cost advanced for fax charges: Supplemental opposition to plaintiffs BCB motion for summary judgment / $1.00 $126.00 memorandum and attachments from Attorney General's office cost advanced for fax charges: received BCB Notice of Joinder from County Attorney's $1.00 $5.00 office 10/11/2000 cost advanced for computer assisted legal AK research: retrieve case, research citations to $19.00 $19.00 case cost advanced for computer assisted legal AK $3.00 $3.00 research: retrieve case cost advanced for computer assisted legal BCB $9.00 $9.00 research cost advanced for computer assisted legal AK research: retrieve case, research citations to $19.00 NO CHARGE case cost advanced for computer assisted legal AK $3.00 NO CHARGE research: retrieve case cost advanced for computer assisted legal BCB $9.00 NO CHARGE research 10/12/2000 cost advanced for long distance phone JB charges from Global Crossing phone bill for $32.96 $32.96 8/19/00 -9/19/00 10/13/2000 cost advanced for postage: mail service BCB $10.00 $10.00 documents cost advanced for fax charges: fax service BCB $1.00 $288.00 documents cost advanced for photocopies: mail service BCB $0.25 $168.00 documents cost advanced for computer assisted legal AK $18.00 $18.00 research: research case and retrieve case cost advanced for computer assisted legal BCB $21.00 NO CHARGE research cost advanced for computer assisted legal AK $18.00 NO CHARGE research: research case and retrieve case cost advanced for computer assisted legal BCB $21.00 $21.00 research 10/16/2000 cost advanced for photocopies: copy files BCB $0.25 $177.00 for preparation of oral argument cost advanced for photocopies: 2 copies of BCB brief for revise of internal references $0.25 NO CHARGE (preliminary injunction reply) cost advanced for postage: mailed copies to BCB $1.65 $1.65 judge cost advanced for computer assisted legal BCB $27.00 $27.00 research cost advanced for computer assisted legal BCB $27.00 NO CHARGE research 10/17/2000 BCB cost advanced for costs ensued in litigation $241.23 $241.23 AK cost advanced for postage $1.10 $1.10 BCB Cost advanced for Service of Process $186.75 $186.75 cost advanced for computer assisted legal BCB $60.00 NO CHARGE research cost advanced for computer assisted legal BCB $60.00 $60.00 research 10/18/2000 cost advanced for photocopies: copied case BCB $0.25 NO CHARGE Pittman v. Cole 10/20/2000 travel expense to attend hearing on JB $1,127.36 $1,127.36 preliminary injunction (voucher #9157) cost advanced for fax charges: received JB $1.00 $18.00 stipulation and order amended complaint 11/8/2000 cost advanced for fax charges: answers of ECB defendant's to plaintiff's amended verifies $1.00 $14.00 complaint 11/16/2000 cost advanced for FedEx to Attorney BCB General's office, Sacramento, CA delivered $22.52 $22.52 10/19/00 cost advanced for FedEx to Fair Political BCB $22.52 $22.52 Practices Commission delivered 10/19/00 cost advanced for FedEx to Robert Ryan BCB $22.52 $22.52 and Michelle Bach delivered 10/19/00 cost advanced for FedEx to Clerk of Court, BCB US Courthouse, Sacramento, CA delivered $25.22 $25.22 10/19/00 cost advanced for FedEx to James Sweeney BCB $32.19 $32.19 delivered 10/16/00 cost advanced for FedEx to US Courthouse, BCB $14.82 $14.82 Sacramento, CA delivered 10/17/00 11/27/2000 cost advanced for long distance phone JB charges from Verizon Wireless phone bill $0.58 $45.43 for 9/18/00 -10/26/00 1/2/2001 cost advanced for long distance phone BCB charges from Global Crossing phone bill for $10.67 $10.67 10/20/00 -11/19/00 1/8/2001 cost advanced for postage: mailed joint JB $3.50 $3.50 status conference report 1/22/2001 cost advanced for fax charges: received BCB $1.00 $10.00 scheduling order from court 1/24/2001 cost advanced for computer assisted legal BCB $75.00 NO CHARGE research: research "right to jury trial" cost advanced for computer assisted legal BCB $30.00 NO CHARGE research: research jury trial 1/30/2001 cost advanced for fax charges: received correspondence from Attorney General and BCB $1.00 $6.00 stipulation order to waive automatic disclosure procedure cost advanced for fax charges: received AK $1.00 $10.00 amended status order 1/31/2001 cost advanced for postage: sent stipulation BCB $0.55 $0.55 to defendant 2/7/2001 cost advanced for photocopies: copied BCB report by Burkley regarding political reform $0.25 $37.75 act 2/9/2001 cost advanced for photocopies of report and BCB $0.25 $21.50 recommendations of Political Reform Act 2/20/2001 cost advanced for FedEx to Jack Wagner, BCB Clerk of United States District Court $14.82 $14.82 delivered 1/29/01 BCB cost advanced to pay costs for local counsel $153.67 $153.67 2/21/2001 cost advanced for fax charges: received BCB order regarding dismissal of initial $1.00 $9.00 disclosure 2/28/2001 cost advanced for long distance phone BCB charges from Global Crossing phone bill for $0.64 $0.64 12/20/00 -1/19/01 3/27/2001 cost advanced for long distance phone JB charges from Global Crossing phone bill for $1.36 $1.36 1/20/01 -02/19/01 4/13/2001 cost advanced for long distance phone JB charges from Global Crossing phone bill for $98.80 $98.80 9/19/00 -10/19/00 5/1/2001 cost advanced for fax charges: faxed BCB $1.00 $50.00 discovery request to defendants cost advanced for fax charges: notice of BCB substitution and draft of order to court and $1.00 NO CHARGE defendants cost advanced for photocopies: notice of BCB substitution and draft of order to court and $0.25 NO CHARGE defendants cost advanced for postage notice of BCB substitution and draft of order to court and $2.80 NO CHARGE defendants cost advanced for postage to mail discovery BCB $2.80 $2.80 request to defendants cost advanced for photocopies: discovery BCB $0.25 $6.25 request to defendant 5/8/2001 cost advanced for computer assisted legal BCB research: research summary judgment $3.00 $30.00 standard 5/15/2001 cost advanced for computer assisted legal BCB $1.50 NO CHARGE research: pulled case cost advanced for computer assisted legal BCB $1.50 $1.50 research: pulled case 5/21/2001 cost advanced for long distance phone JB charges from Global Crossing phone bill for $0.35 $0.35 3/20/01 -4/19/01 6/18/2001 JB cost advanced for fax charges $1.00 $3.00 JB cost advanced for fax charges $1.00 $8.00 JB cost advanced for photocopies $0.20 NO CHARGE JB cost advanced for postage $2.28 $2.28 6/19/2001 cost advanced for long distance phone JB $6.75 $6.75 charges cost advanced for long distance phone JB $0.12 $0.12 charges JB cost advanced for fax charges $1.00 $10.00 6/20/2001 cost advanced for computer assisted legal research: research discovery cases regarding BCB $3.00 $60.00 vague, overly broad and burdensome requests JB cost advanced for fax charges $1.00 $13.00 6/25/2001 cost advanced for postage; mailed discovery JB $2.00 $2.00 response cost advanced for photocopies; mailed JB $0.25 $15.00 discovery response 7/6/2001 cost advanced for postage; mailed discovery JB $1.52 $1.52 Requests to defendants 7/12/2001 JB cost advanced for fax charges $1.00 $5.00 JB cost advanced for fax charges $1.00 $5.00 7/13/2001 JB cost advanced for fax charges $1.00 $12.00 JB cost advanced for fax charges $1.00 $15.00 7/16/2001 cost advanced for fax charges; fax returns JB $1.00 $12.00 for discovery cost advanced for photocopies made at BCB $16.58 $16.58 paper chase of discovery copies cost advanced for fax charges; received JB $1.00 $17.00 discovery documents from client 7/17/2001 cost advanced for postage; mailed discovery JB $4.00 $4.00 to FPPC cost advanced for photocopies made at BCB $16.56 $16.56 Paper Chase of Discovery Documents 7/26/2001 JB cost advanced for fax charges $1.00 $6.00 cost advanced for fax charges; motion for JB $1.00 $10.00 Protective Order cost advanced for photocopies; motion for JB $0.25 $5.00 Protective Order cost advanced for postage; motion for JB $1.14 $1.14 protective order 7/27/2001 cost advanced for FedEx to Luisa Menchaca BCB General Course Fair Political Practices $16.86 $16.86 Community on 6/28/01 cost advanced for FedEx to Jack Wagner on BCB $16.86 $16.86 6/19/01 7/30/2001 cost advanced for fax charges; mailed and JB $1.00 $1.00 faxed letter JB cost advanced for postage $1.80 $1.80 cost advanced for postage; mailed and faxed JB $1.14 $1.14 letter cost advanced for photocopies; mailed and JB $0.25 $0.75 faxed letter 8/1/2001 cost advanced for computer assisted legal BCB $3.00 $18.00 research:research advice letters on 6/27/01 cost advanced for computer assisted legal BCB $3.00 $6.00 research:research on 1821 cost advanced for computer assisted legal BCB $3.00 $81.00 research: research 18401 cost advanced for computer assisted legal BCB $3.00 $18.00 research: research 82025 cost advanced for computer assisted legal BCB $3.00 $9.00 research: research 82013 on 6/28/01 cost advanced for computer assisted legal BCB $1.50 $15.00 research:research on 6/29/01 cost advanced for computer assisted legal BCB $1.50 NO CHARGE research:research on 6/29/01 cost advanced for computer assisted legal BCB $1.50 NO CHARGE research:research on 6/29/01 8/13/2001 cost advanced for FedEx to Robert Leidigh, BCB Timothy Muscat and Andrea Hoch delivered $27.61 $27.61 on 7/16/01 cost advanced for FedEx to Jack Wagner, BCB Clerk of the Court California delivered on $16.86 $16.86 7/26/01 cost advanced for FedEx to National Right BCB $12.37 NO CHARGE to Life, Sacramento CA on 7/11/01 cost advanced for FedEx to Silvest Morris BCB $16.86 $16.86 delivered on 7/12/01 cost advanced for FedEx to Maureen Price BCB $16.86 $16.86 delivered on 7/30/01 8/14/2001 cost advanced for computer assisted legal BCB $3.00 $27.00 research: read advisory opinions on 7/2/01 cost advanced for computer assisted legal research: regarding Attorney General ops on BCB $3.00 $84.00 82013 and regulation Alerts regarding relevant statutes on 7/5/01 cost advanced for computer assisted legal BCB $3.00 $24.00 research: regarding ordinances on 7/9/01 cost advanced for computer assisted legal BCB $3.00 $24.00 research: on 7/16/01 cost advanced for computer assisted legal BCB $3.00 NO CHARGE research: read advisory opinions on 7/2/01 cost advanced for computer assisted legal BCB research: read advisory opinion regarding $3.00 $18.00 82401 on 7/2/01 cost advanced for computer assisted legal BCB $3.00 NO CHARGE research: on 7/16/01 cost advanced for computer assisted legal BCB $3.00 NO CHARGE research: regarding ordinances on 7/9/01 8/17/2001 JB cost advanced for fax charges $1.00 $6.00 8/21/2001 JB cost advanced for fax charges $1.00 $12.00 8/28/2001 cost advanced for long distance phone JB $7.57 $7.57 charges 8/30/2001 cost advanced for PACER research: check REC $0.07 NO CHARGE PACER/RACER for case information 9/1/2001 cost advanced for long distance phone BCB charges from Global Crossing phone bill for $55.35 $55.35 6/20/01 -7/19/01 9/4/2001 cost advanced for postage — to mail Pro Hac REC $3.50 NO CHARGE Vice Motion to local counsel cost advanced for photocopies (4 pgs) copy REC $0.25 NO CHARGE of Pro Hac Vice Motion for local counsel 9/5/2001 cost advanced for long distance phone RSM charges from Global Crossing phone bill for $16.42 $16.42 7/20/01 -8/19/01 9/17/2001 cost advanced for FedEx to Timothy M. REC Muscat — Office of Attorney General, $16.86 $16.86 delivered on 8/28/01 cost advanced for FedEx to Timothy M. REC Muscat — Office of Attorney General, $16.86 $16.86 delivered on 8/20/01 9/27/2001 cost advanced for computer assisted legal REC research: WestLaw research — case law cited $10.00 NO CHARGE in Court Opinion on Motion to Dismiss cost advanced for computer assisted legal REC research: WestLaw research — case law cited $10.00 $10.00 in Court Opinion on Motion to Dismiss 10/10/2001 cost advanced for FedEx to Timothy M. REC $15.96 $15.96 Muscat delivered on 9/27/01 cost advanced for FedEx to Timothy M. REC $15.96 $15.96 Muscat delivered on 9/17/01 10/29/2001 cost advanced for long distance phone REC charges from Global Crossing phone bill for $10.82 $10.82 9/20/01 -10/19/01 10/30/2001 cost advanced for long distance phone REC charges from Global Crossing phone bill for $8.35 $8.35 8/20/01 -9/19/01 11/15/2001 cost advanced for photocopies (2 pgs) copy REC $0.25 $0.50 Summary Judgment Stipulation 11/20/2001 cost advanced for payment to local counsel REC for expenses — payable to Sweeney Grant $189.83 $189.83 LLP 11/30/2001 cost advanced for WestLaw computer assisted legal research: research void for BTB vagueness doctrine in case law and election $3.00 $468.00 law cases, key notes, key cites to compile an exhaustive list on the subject cost advanced for photocopies (2 pgs) copy BTB of District Court Opinion sections for my $0.25 $0.50 research cost advanced for long distance phone BTB charges from Global Crossing phone bill for $0.38 $0.38 10/20/01 -11/19/01 12/3/2001 REC cost advanced for PACER research $0.84 $0.84 cost advanced for WestLaw computer BTB assisted legal research: research election $3.00 $114.00 law and treatment of vagueness cost advanced for WestLaw computer BTB assisted legal research: research election $3.00 NO CHARGE law and treatment of vagueness 12/5/2001 cost advanced for WestLaw computer REC assisted legal research: search for election $3.00 $6.00 law regulations cost advanced for WestLaw computer REC assisted legal research: search for election $3.00 NO CHARGE law regulations 12/6/2001 cost advanced for WestLaw computer REC assisted legal research: retrieve FPPC $3.00 $6.00 Advisory Opinion cost advanced for postage to mail Motion REC $1.76 $1.76 for Summary Judgment and Brief cost advanced for photocopies (210 pgs) REC copy Motion for Summary Judgment and $0.25 $52.50 Brief 12/7/2001 cost advanced for postage to serve Motion REC $1.72 $3.44 for Summary Judgment and Brief 12/17/2001 cost advanced for WestLaw computer JPG assisted legal research: check case cited as $3.00 $24.00 authority by opposition cost advanced for WestLaw computer JPG assisted legal research: research chilling of $3.00 $99.00 self-censorship cost advanced for WestLaw computer REC assisted legal research: retrieve case on $3.00 NO CHARGE vagueness 12/18/2001 cost advanced for WestLaw computer assisted legal research: research distinction REC $3.00 $30.00 between holdings and opinions as to precedential effect 12/19/2001 cost advanced for FedEx to Clerk of Court, REC Eastern District of California, delivered on $25.64 $25.64 12/7/01 cost advanced for FedEx to Timothy M. REC Muscat — Office of Attorney General, $15.81 $15.81 delivered on 11/16/01 12/20/2001 cost advanced for WestLaw computer REC $3.00 $3.00 assisted legal research: check citation cost advanced for WestLaw computer REC $3.00 $3.00 assisted legal research: check citation cost advanced for photocopies (190 pgs) file REC and serve Opposition to Motion for $0.25 $47.50 Summary Judgment cost advanced for postage to file and serve REC Opposition to Motion for Summary $5.16 $5.16 Judgment 12/28/2001 cost advanced for long distance phone REC charges from Global Crossing phone bill for $16.28 $16.28 11/20/01 -12/19/01 1/2/2002 cost advanced for WestLaw computer REC assisted legal research — research vagueness $3.00 $15.00 cases cost advanced for WestLaw computer REC assisted legal research — research vagueness $3.00 NO CHARGE cases 1/4/2002 cost advanced for photocopies (75 pgs) REC serve Reply on Motion for Summary $0.25 $18.75 Judgment cost advanced for postage to serve Reply on REC $1.26 $2.52 Motion for Summary Judgment 1/7/2002 travel expense advance — payable to Richard REC $300.00 $300.00 E. Coleson 1/9/2002 cost advanced for WestLaw computer REC $3.00 NO CHARGE assisted legal research cost advanced for PACER research — obtain REC $0.91 $0.91 docket report cost advanced for WestLaw computer REC $3.00 $63.00 assisted legal research 1/11/2002 cost advanced for FedEx to Clerk of Court — REC $25.64 $25.64 delivered on 12/21/01 travel expense to attend Summary Judgment REC $1,119.30 $1,119.30 hearing in Sacramento, CA 1/24/2002 cost advanced for PACER research — REC $0.07 $0.07 retrieve docket report 1/31/2002 REC cost advanced for photocopies [12 pgs] $0.25 $3.00 REC cost advanced for postage $0.80 $0.80 cost advanced for long distance phone REC charges from Global Crossing phone bill for $22.36 $22.36 12/20/01 -01/19/02 2/8/2002 cost advanced for WestLaw computer REC assisted legal research — check for court $3.00 APPEAL opinion 2/20/2002 cost advanced for appellate filing fee — REC $105.00 APPEAL payable to Clerk of the Court cost advanced for PACER research — obtain REC $0.91 APPEAL docket report cost advanced for postage to file and serve REC $9.35 APPEAL Notice of Appeal, etc. cost advanced for photocopies [248 pgs] REC $0.25 APPEAL copy, file and serve Notice of Appeal, etc. 2/25/2002 cost advanced for photocopies [3 pgs] copy REC of request of transcript form for file and $0.25 APPEAL local counsel cost advanced for postage to mail request REC for transcript form, copy to local counsel, $0.34 APPEAL Client cost advanced for postage to mail request REC $0.57 APPEAL for transcript form 2/28/2002 cost advanced for payment to local counsel REC for services/fees — payable to Sweeney $533.21 APPEAL Grant, LLP 3/15/2002 cost advanced for FedEx to Clerk of the REC $25.81 APPEAL Court, delivered on 2/21/02 3/27/2002 Cost advanced for trial transcript — payable REC $150.00 APPEAL to Margaret McNamara cost advanced for photocopies [1 page] copy REC of letter to Court Reporter with transcript $0.25 APPEAL payment cost advanced for postage to mail letter to REC $0.34 APPEAL Court Reporter with transcript payment 4/10/2002 cost advanced for FedEx to U.S. District REC $15.43 APPEAL Court, delivered on 3/22/02 5/2/2002 cost advanced for PACER research — check REC $0.91 APPEAL docket for filing of transcript and record 5/3/2002 cost advanced for PACER research — obtain REC $0.07 APPEAL docket summary cost advanced for postage to serve notice of REC $0.57 APPEAL court reporter's non-compliance cost advanced for photocopies [51 pgs] REC serve and file notice of court reporter's non- $0.25 APPEAL compliance 5/6/2002 cost advanced for fax charges [3 pgs] REC correspondence with First Nationwide Legal $1.00 APPEAL regarding transcript cost advanced for photocopies [3 pgs] copy REC of correspondence with First Nationwide $0.25 APPEAL Legal cost advanced for postage to send payment REC $0.34 APPEAL to Court Reporter for deposition transcript cost advanced for deposition transcript — REC $108.00 APPEAL payable to Margaret McNamara cost advanced for obtaining record — payable REC $50.75 APPEAL to First Nationwide Legal 5/9/2002 cost advanced for PACER research — REC $0.35 APPEAL retrieve docket report cost advanced for PACER research — obtain REC $0.07 APPEAL docket summary 5/10/2002 cost advanced for long distance phone REC charges from Global Crossing phone bill for $3.94 APPEAL 03/20/02 -04/19/02 cost advanced for long distance phone REC charges from Global Crossing phone bill for $3.99 APPEAL 02/20/02 -03/19/02 5/13/2002 cost advanced for FedEx to Clerk of the REC Court, 9th Circuit Court of Appeals, $15.50 APPEAL delivered on 5/06/02 5/14/2002 cost advanced for PACER research — obtain REC $0.98 APPEAL docket report cost advanced for PACER research to obtain REC $0.07 APPEAL case summary cost advanced for WestLaw computer BTB $3.00 APPEAL assisted legal research 5/15/2002 cost advanced for WestLaw computer assisted legal research regarding law review BTB $3.00 APPEAL articles regarding 9th Circuit and standing requirements 5/16/2002 cost advanced for WestLaw computer assisted legal research regarding additional BTB $3.00 APPEAL caselaw, District Court regarding Thomas ripeness doctrine cost advanced for WestLaw computer assisted legal research regarding 9th Circuit BTB $3.00 APPEAL and San Diego for First Amendment and overbreadth standing cost advanced for WestLaw computer BTB assisted legal research regarding Abbott and $3.00 APPEAL 9th Circuit standing / ripeness cost advanced for WestLaw computer BTB assisted legal research regarding cite check $3.00 APPEAL Auburn for ripeness authority 5/24/2002 cost advanced to obtain portions of record, REC $54.25 APPEAL payable to First Nationwide Legal 5/29/2002 REC cost advanced for fax charges [2 pgs] $1.00 APPEAL REC cost advanced for photocopies [1 page] $0.25 APPEAL REC cost advanced for postage $0.34 APPEAL 5/30/2002 cost advanced for fax charges [6 pgs] rcv'd from A. Fila, filed marked Supplemental Affidavit in Support of Plaintiffs Motion REC for Preliminary Injunction; Supplemental $1.00 APPEAL Opposition by Defendant, Attorney General B. Lockyer and FPPC Defendants to Plaintiff's Motion for Preliminary Injunction 5/31/2002 cost advanced for fax charges [2 pgs] rcv'd from T. Muscat, Attorney General — letter REC confirming agreement to serve Appellate $1.00 APPEAL Briefs and Excerpts of Records by fax and overnight mail 6/3/2002 cost advanced for fax charges [3 pgs] rcv'd REC $1.00 APPEAL from J. Sweeney, executed signature page 6/5/2002 cost advanced for WestLaw computer REC assisted legal research — check for updated $3.00 APPEAL citation 6/6/2002 cost advanced for FedEx to First REC $8.84 APPEAL Nationwide Legal, delivered on 5/7/02 6/7/2002 cost advanced for photocopies [49 pgs] copy REC $0.25 APPEAL of draft of brief for James Bopp, Jr.'s review 6/8/2002 cost advanced for photocopies [346 pgs] REC copy of master and working copy of $0.25 APPEAL Excerpts of Record 6/10/2002 cost advanced for WestLaw computer REC $3.00 APPEAL assisted legal research — check cite cost advanced for WestLaw computer REC $3.00 APPEAL assisted legal research — update case cite 6/11/2002 cost advanced for postage to serve and file REC $6.45 APPEAL opening brief cost advanced for photocopies [15 pgs] REC $0.25 APPEAL serve and file opening brief cost advanced for fax charges [61 pgs] serve REC $1.00 APPEAL and file opening brief 6/19/2002 cost advanced for long distance phone REC charges from Global Crossing phone bill for $10.79 APPEAL 04/20/02 -05/19/02 6/21/2002 cost advanced for long distance phone REC charges from Global Crossing phone bill for $18.29 APPEAL 05/20/02 -06/19/02 7/3/2002 cost advanced for fax charges [2 pgs] rcv'd fm L. Woodlock; letter regarding REC $1.00 APPEAL confirmation of 14 day extension to file answering brief cost advanced for fax charges [3 pgs] rcv'd from L. Woodlock; letter confirming 14 day REC $1.00 APPEAL extension to file answering brief, filed marked cost advanced for photocopies [2 pgs] copy for Richard E. Coleson of faxed letter REC $0.25 APPEAL regarding confirmation of 14 day extension to file answering brief cost advanced for photocopies [2 pgs] copy of fax rcv'd from T. Muscat of letter REC $0.25 APPEAL confirming 14 day extension to file answering brief cost advanced for fax charges [2 pgs] rcv'd REC from T. Muscat; letter confirming 14 day $1.00 APPEAL extension to file answering brief cost advanced for photocopies [3 pgs] copy for James Bopp, Jr. of fax rcv'd from L. REC $0.25 NO CHARGE Woodlock of letter confirming 14 day extension to file answering brief 7/15/2002 cost advanced for FedEx to Cathy A. REC $82.86 APPEAL Catterson, delivered on 6/11/02 cost advanced for FedEx to Timothy REC $33.72 APPEAL Muscat, delivered on 6/11/02 7/22/2002 cost advanced for long distance phone REC charges from Global Crossing phone bill for $0.41 APPEAL 06/20/02 -07/19/02 7/23/2002 cost advanced for fax charges [2 pgs] rcv'd REC from M. Small; letter regarding Amicus $1.00 APPEAL Brief in Support of Defendants / Appellees 7/24/2002 cost advanced for fax charges [31 pgs] rcv'd REC $1.00 APPEAL from L. Woodlock; Brief of FPPC cost advanced for fax charges [79 pgs] rcv'd REC $1.00 APPEAL from T. Muscat; Appellee's Brief 7/30/2002 cost advanced for WestLaw computer REC assisted legal research — retrieve case cited $3.00 NO CHARGE by appellees cost advanced for fax charges [10 pgs] serve REC $1.00 APPEAL Notice under 9th Circuit Rule 28-4 REC cost advanced for postage $0.60 APPEAL cost advanced for photocopies [28 pgs] REC copies to serve Notice under 9th Circuit $0.25 APPEAL Rule 28-4 8/1/2002 cost advanced for WestLaw computer REC $3.00 APPEAL assisted legal research cost advanced for WestLaw computer REC $3.00 NO CHARGE assisted legal research cost advanced for WestLaw computer REC assisted legal research — retrieve opinion $3.00 NO CHARGE letters cited by Appellees cost advanced for WestLaw computer REC assisted legal research — retrieve opinion $3.00 APPEAL letters cited by Appellees 8/2/2002 cost advanced for WestLaw computer REC assisted legal research — retrieve case cited $3.00 APPEAL by amici curiae cost advanced for photocopies [42 pgs] REC $0.25 APPEAL working copy of amici curiae brief cost advanced for WestLaw computer REC assisted legal research — retrieve case cited $3.00 NO CHARGE by amici curiae 8/17/2002 cost advanced for FedEx to 9th Circuit REC Court of Appeals Clerk, delivered on $15.73 APPEAL 7/31/02 cost advanced for PACER research — obtain REC $0.07 APPEAL docket summary 8/22/2002 cost advanced for long distance phone REC charges from Global Crossing phone bill for $1.43 APPEAL 07/20/02 -08/19/02 cost advanced for long distance phone REC charges from Global Crossing phone bill for $3.43 APPEAL 07/20/02 -08/19/02 8/26/2002 cost advanced for WestLaw computer REC assisted legal research — retrieve case cited $3.00 NO CHARGE by State cost advanced for WestLaw computer REC $3.00 NO CHARGE assisted legal research — retrieve cited case cost advanced for WestLaw computer REC assisted legal research — retrieve case cited $3.00 APPEAL by State cost advanced for WestLaw computer REC $3.00 APPEAL assisted legal research — retrieve cited case 8/27/2002 cost advanced for photocopying and binding REC $65.76 APPEAL — payable to Readmore 8/28/2002 cost advanced for postage to file and serve REC $9.45 APPEAL Reply Brief 9/18/2002 cost advanced for FedEx to Clerk of the REC Court, 9th Circuit Court of Appeals, $39.48 APPEAL delivered on 8/28/02 10/16/2002 cost advanced for photocopies [5 pgs] copy REC $0.25 APPEAL of Kromko v. Tucson cost advanced for WestLaw computer REC assisted legal research — key cite Schroeder $3.00 APPEAL case 10/17/2002 cost advanced for WestLaw computer REC assisted legal research — search for published $3.00 APPEAL versions of lower court opinions 1/30/2003 cost advanced for postage to file and serve REC $0.83 APPEAL Supplemental Authority cost advanced for WestLaw computer REC assisted legal research — retrieve 7th Circuit $3.00 APPEAL case for Supplemental Authority cost advanced for WestLaw computer REC assisted legal research regarding standing $3.00 APPEAL and mootness cost advanced for photocopies [128 pgs] REC copies to file and serve Supplemental $0.25 APPEAL Authority 2/3/2003 cost advanced for WestLaw computer REC assisted legal research regarding binding $3.00 APPEAL nature of State Court Opinions on FPPC cost advanced for WestLaw computer REC assisted legal research regarding whether $3.00 APPEAL non-party is bound by appellate court statutory construction 2/7/2003 cost advanced for WestLaw computer REC assisted legal research in preparation of Oral $3.00 APPEAL Argument file 2/10/2003 JB travel expense to attend Oral Argument $518.50 APPEAL 2/13/2003 cost advanced for FedEx to Clerk of the REC U.S. Court of Appeals, 9th Circuit, $16.50 APPEAL delivered on 1/31/03 2/23/2003 cost advanced for long distance phone JB charges from Verizon Wireless phone bill $44.85 APPEAL for 1/21/03 -2/20/03 2/26/2003 cost advanced for postage to file and serve REC $1.06 APPEAL Supplemental Authority cost advanced for photocopies [168 pgs] file REC $0.25 APPEAL and serve Supplemental Authority 3/15/2003 cost advanced for FedEx to Clerk of the REC U.S. Court of Appeals, 9th Circuit, $28.23 APPEAL delivered on 2/27/03 5/8/2003 cost advanced for photocopies [34 pgs] copy REC $0.25 $8.50 of Opinion for review 7/1/2003 cost advanced for long distance phone REC charges from Global Crossing phone bill for $1.32 $1.32 5/20/03 -6/19/03 7/10/2003 Cost advanced for photocopies [1 page] REC $0.25 $0.25 copy of signature page to Larry Woodlock Cost advanced for postage to mail signature REC $0.37 $0.37 page to Larry Woodlock 7/11/2003 Cost advanced for fax received from FPPC REC $1.00 $13.00 [13 pgs] Joint Status Conference Report Cost advanced for photocopies [13 pgs] of fax received from FPPC [13 pgs] Joint REC $0.25 $3.25 Status Conference Report for James Bopp, Jr. 7/23/2003 Cost advanced for long distance phone REC charges from Global Crossing phone bill for $10.05 $10.05 6/20/03 -7/19/03 7/31/2003 Cost advanced for fax received from K. Gimple, Deputy Attorney General [8 pgs] REC $1.00 $8.00 Request for Production of Documents, set two; Declaration of Service Cost advanced for photocopies of fax received from K. Gimple, Deputy Attorney REC General [8 pgs] Request for Production of $0.25 $2.00 Documents, set two; Declaration of Service for James Bopp, Jr. 8/6/2003 Cost advanced for photocopies [14 pgs] REC copy of letter with objections to document $0.25 $3.50 requests Cost advanced for postage to mail letter REC $0.60 $1.20 with objections to document requests Cost advanced for fax charges [14 pgs] REC faxed letter with objections to document $1.00 $14.00 requests 8/14/2003 Cost advanced for photocopies [10 pgs] REC copy of Robert Leidigh letter for James $0.25 $2.50 Bopp, Jr. review 8/19/2003 Cost advanced for photocopies [20 pgs] REC working copies of documents for meet and $0.25 NO CHARGE confer session Cost advanced for postage to mail copy of REC $0.60 $1.20 letter to local counsel Cost advanced for postage to mail letter to REC $0.37 $0.37 local counsel Cost advanced for photocopies [2 pgs] copy REC $0.25 $0.50 of letter to local counsel 8/21/2003 Cost advanced for photocopies for James Bopp, Jr. of fax received from K. Gimple, Deputy Attorney General, [5 pgs] REC $0.25 $1.25 correspondence regarding meet and confer, summarization of agreement regarding documents to be produced Cost advanced for fax received from K. Gimple, Deputy Attorney General, [5 pgs] REC correspondence regarding meet and confer, $1.00 $5.00 summarization of agreement regarding documents to be produced Cost advanced for photocopies [8 pgs] copy REC of document requests for James Bopp, Jr. $0.25 $2.00 file 8/22/2003 Cost advanced for fax sent to opposing REC $1.00 $6.00 counsel / local counsel [6 pgs] Cost advanced for photocopies [6 pgs] of REC $0.25 $1.50 letter to opposing counsel / local counsel Cost advanced for postage to mail letter to REC $0.37 NO CHARGE opposing counsel / local counsel Cost advanced for fax sent to opposing REC $1.00 $2.00 counsel Cost advanced for photocopies [4 pgs] letter REC $0.25 $1.00 to opposing counsel Cost advanced for postage to mail letter to REC $0.37 $0.74 opposing counsel 8/25/2003 Cost advanced for long distance phone REC charges from Global Crossing phone bill for $0.87 $0.87 7/20/03 -8/19/03 Cost advanced for long distance phone REC charges from Global Crossing phone bill for $2.84 $2.84 7/20/03 -8/19/03 8/30/2003 Cost advanced for fax charges [2 pgs] faxed REC $1.00 $2.00 letter from Defendants Cost advanced for photocopies [2 pgs] copy REC of faxed letter from Defendants for James $0.25 $0.50 Bopp, Jr. 9/4/2003 Cost advanced for fax charges [2 pgs] fax REC $1.00 $2.00 letter to opposing counsel Cost advanced for photocopies [4 pgs] copy REC for self and James Bopp, Jr. of letter faxed $0.25 $1.00 to opposing counsel Cost advanced for postage to mail letters to REC $0.37 $0.74 opposing counsel 9/9/2003 Cost advanced for fax received from K. Gimple [3 pgs] correspondence regarding REC status of Request for Production of $1.00 $3.00 Document; Protective Order; Deposition Scheduling Cost advanced for photocopies [3 pgs] copy for James Bopp, Jr. of fax received from K. Gimple [3 pgs] correspondence regarding REC $0.25 $0.75 status of Request for Production of Document; Protective Order; Deposition Scheduling 9/10/2003 Cost advanced for photocopies [2 pgs] REC review copies for James Bopp, Jr. regarding $0.25 $0.50 discovery issues Cost advanced for fax sent to opposing REC counsel and Client [3 pgs] two letters $1.00 $3.00 regarding discovery Cost advanced for photocopies [6 pgs] copy REC of two letters sent to opposing counsel and $0.25 $1.50 Client Cost advanced for postage to mail two REC letters regarding discovery to opposing $0.37 $0.74 counsel and Client 9/11/2003 Cost advanced for fax sent [13 pgs] serve REC $1.00 $13.00 discovery requests Cost advanced for photocopies [26 pgs] REC $0.25 $6.50 serve discovery requests Cost advanced for postage mail service of REC $0.83 $1.66 discovery requests 9/12/2003 Cost advanced for photocopies [3 pgs] REC $0.25 $0.75 working copy of latest discovery request 9/16/2003 Cost advanced for fax received from J. REC Sweeney [7 pgs] Defendant's Request for $1.00 $7.00 Admission from CPLC Cost advanced for photocopies for James Bopp, Jr. [7 pgs] of fax received from J. REC $0.25 $1.75 Sweeney [7 pgs] Defendant's Request for Admission from CPLC 9/18/2003 Cost advanced for fax received from K. Gimple [11 pgs] Notice of Motion and Motion scheduling hearing date on Motion REC $1.00 $11.00 to Compel; Defendant's Request for Admissions from CPLC; Declaration of Service Cost advanced for photocopies for James Bopp, Jr. of fax received from K. Gimple [11 pgs] Notice of Motion and Motion REC scheduling hearing date on Motion to $0.25 $2.75 Compel; Defendant's Request for Admissions from CPLC; Declaration of Service 9/19/2003 Cost advanced for photocopies [79 pgs] copy Motion to Compel for James Bopp, Jr. REC $0.25 $19.75 review; serve and file Motion to advance Status Conference Cost advanced for postage to serve and file REC $0.60 $1.80 Motion to advance Status Conference 9/22/2003 Cost advanced for fax received from Attorney General [4 pgs] Renoticed hearing on Motion to Compel regarding Defendant REC $1.00 $4.00 Lockyer's 2nd Request for Production of Documents and Defendant Lockyer's Notice of Deposition Cost advanced for photocopies for James Bopp, Jr. of fax received from Attorney General [4 pgs] Renoticed hearing on REC Motion to Compel regarding Defendant $0.25 $1.00 Lockyer's 2nd Request for Production of Documents and Defendant Lockyer's Notice of Deposition Cost advanced for fax received from Attorney General [4 pgs] Ex Parte REC $1.00 $4.00 application for Order shortening time to set Motion and for service of process Cost advanced for photocopies for James Bopp, Jr. of fax received from Attorney REC General [4 pgs] Ex Parte application for $0.25 $1.00 Order shortening time to set Motion and for service of process 9/24/2003 Cost advanced for fax received [30 pgs] REC Opposition to Motion to Advance Status $1.00 $30.00 Conference Cost advanced for long distance phone REC charges from Global Crossing phone bill for $43.26 $43.26 8/20/03 -9/19/03 Cost advanced for photocopies [30 pgs] copy for James Bopp, Jr. of fax received — REC $0.25 $7.50 Opposition to Motion to Advance Status Conference Cost advanced for fax received from K. Gimple [2 pgs] Minute Order Denying REC Plaintiffs Motion to Advance and $1.00 $2.00 Defendant's Opposition; status conference set for 10/03/03 Cost advanced for photocopies for James Bopp, Jr. of fax received from K. Gimple [2 pgs] Minute Order Denying Plaintiffs REC $0.25 $0.50 Motion to Advance and Defendant's Opposition; status conference set for 10/03/03 9/26/2003 Cost advanced for postage to mail letter to REC $0.37 $0.37 Larry Woodlock Cost advanced for photocopies [1 page] REC $0.25 $0.25 copy of letter to Larry Woodlock 9/29/2003 Cost advanced for fax sent to courtroom REC deputy clerks and counsel regarding $1.00 $8.00 telephonic arrangements [8 pgs] 10/1/2003 Cost advanced for photocopies [14 pgs] REC copy of joint status report for James Bopp, $0.25 $3.50 Jr. for hearing preparation Cost advanced for fax sent to local counsel REC $1.00 $26.00 [26 pgs] depositions for use in hearing Cost advanced for photocopies [26 pgs] REC copy file regarding depositions for James $0.25 $6.50 Bopp, Jr. use in hearing Cost advanced for fax sent to local counsel REC $1.00 $21.00 [21 pgs] deposition and hearing notices Cost advanced for fax sent to Brian REC Johnston [5 pgs] letter and deposition $1.00 $5.00 notices 10/3/2003 Cost advanced for postage for service of REC $0.60 $1.20 two discovery responses Cost advanced for fax sent [10 pgs] fax REC $1.00 $10.00 service of two discovery responses Cost advanced for photocopies [20 pgs] REC $0.25 $5.00 copy for service of two discovery responses 10/6/2003 REC Cost advanced for PACER research $1.19 $1.19 Cost advanced for fax sent to opposing REC $1.00 $2.00 counsel [2 pgs] letter Cost advanced for fax sent to opposing REC $1.00 $4.00 counsel [4 pgs] letter Cost advanced for photocopies [2 pgs] copy REC $0.25 $0.50 of letter to local counsel Cost advanced for photocopies [4 pgs] copy REC $0.25 $1.00 of letter sent to opposing counsel Cost advanced for postage to mail letter to REC $0.37 $0.74 opposing counsel Cost advanced for postage to mail letter to REC $0.37 $0.74 local counsel 10/7/2003 Cost advanced for postage to mail letter to REC $0.37 $0.37 K. Gimple Cost advanced for fax sent to counsel [4 REC $1.00 $4.00 pgs] Cost advanced for photocopies [2 pgs] copy REC of letter faxed to counsel, for James Bopp, $0.25 $0.50 Jr. Cost advanced for fax sent to counsel [4 REC $1.00 NO CHARGE pgs] Cost advanced for photocopies [1 page] REC $0.25 $0.25 copy of letter to K. Gimple 10/8/2003 Cost advanced for fax received from R. REC $1.00 $6.00 Leidigh [6 pgs] Order 10/10/2003 Cost advanced for fax received from Attorney General's office [45 pgs] Declaration of Deputy Attorney General K. REC Gimple in Support of Defendant Lockyer's $1.00 $45.00 Motion to Compel; Statement regarding Discovery Disagreement in Support of Defendant Lockyer's Motion to Compel Cost advanced for photocopies for James Bopp, Jr. of fax received from Attorney General's office [45 pgs] Declaration of Deputy Attorney General K. Gimple in REC $0.25 $11.25 Support of Defendant Lockyer's Motion to Compel; Statement regarding Discovery Disagreement in Support of Defendant Lockyer's Motion to Compel 10/13/2003 REC Cost advanced for PACER research $0.07 $0.07 10/14/2003 Cost advanced for FedEx to Hon. Frank C. REC $16.58 $16.58 Damrell, Jr., delivered on 9/25/03 Cost advanced for fax sent / service [34pgs REC × 2] serve and file Opposition to Motion to $1.00 $68.00 Compel Cost advanced for photocopies [238 pgs] REC copies for service of Opposition to Motion $0.25 $59.50 to Compel Cost advanced for postage to serve and file REC $1.52 $3.04 Opposition to Motion to Compel Cost advanced for FedEx to Tahnya Ballard, REC $17.98 $17.98 delivered on 9/15/03 Cost advanced for FedEx to Hon. Frank C. Damrell, Jr., United States District Court, REC $16.58 $16.58 Eastern District of California, delivered on 9/22/03 Cost advanced for FedEx to Clerk of the REC $16.58 $16.58 U.S. District Court, delivered on 9/22/03 Cost advanced for FedEx to Clerk of the REC $16.58 $16.58 U.S. District Court, delivered on 9/25/03 10/15/2003 Cost advanced for postage to serve REC $0.60 $1.20 admissions Cost advanced for photocopies [16 pgs] REC $0.25 $4.00 copies for service of admissions REC Cost advanced for PACER research $0.07 $0.07 10/16/2003 Cost advanced for fax received from K. Gimple [3 pgs] Defendant's Request for REC $1.00 $3.00 Admissions from CPLC, set two; Certificate of Service Cost advanced for photocopies for James Bopp, Jr. of fax received from K. Gimple [3 REC $0.25 $0.75 pgs] Defendant's Request for Admissions from CPLC, set two; Certificate of Service 10/17/2003 Cost advanced for fax received from United States District Court, Eastern District of CA REC $1.00 $7.00 [7 pgs] Proposed Stipulation Modifying Scheduling Order; Certificate of Service Cost advanced for photocopies for James Bopp, Jr. of fax received from United States REC District Court, Eastern District of CA [7 $0.25 $1.75 pgs] Proposed Stipulation Modifying Scheduling Order; Certificate of Service 10/19/2003 Cost advanced for photocopies for James REC Bopp, Jr. of fax received from T. Ballard [4 $0.25 $1.00 pgs] Subpoena served on K. Andleman Cost advanced for fax received from T. REC Ballard [4 pgs] Subpoena served on K. $1.00 $4.00 Andleman 10/20/2003 Cost advanced for fax received from United States District Court, Eastern District of CA REC [4 pgs] Order regarding Defendant's Motion $1.00 $4.00 to Compel -vacated as moot; Certificate of Service Cost advanced for photocopies [4 pgs] copy for James Bopp, Jr. of fax received from United States District Court, Eastern REC $0.25 $1.00 District of CA [4 pgs] Order regarding Defendant's Motion to Compel — vacated as moot; Certificate of Service 10/21/2003 Cost advanced for fax received from United States District Court, Eastern District of CA REC $1.00 $9.00 [9 pgs] Second Amended Scheduling Order; Certificate of Service Cost advanced for photocopies for James Bopp, Jr. of fax received from United States REC District Court, Eastern District of CA [9 $0.25 $2.25 pgs] Second Amended Scheduling Order; Certificate of Service 10/23/2003 Cost advanced for long distance phone REC charges from Global Crossing phone bill for $10.90 $10.90 9/19/03 -10/19/03 10/24/2003 Cost advanced for postage to mail letter to REC opposing counsel, Client regarding $0.37 $0.74 discovery Cost advanced for photocopies [4 pgs] of REC letter to opposing counsel regarding $0.25 $1.00 discovery Cost advanced for fax sent to opposing REC $1.00 $4.00 counsel, [4 pgs] regarding discovery 10/31/2003 Cost advanced for fax received from L. REC Woodlock [4 pgs] correspondence regarding $1.00 $4.00 Defendants' Response to Discovery requests 11/10/2003 Cost advanced for LexisNexis computer REC $3.00 $33.00 assisted legal research 11/13/2003 Cost advanced for photocopies [18 pgs] file JPG and serve Answers to Requests for $0.25 $4.50 Admissions Cost advanced for postage to file, serve JPG $2.12 $2.12 Answers to Requests for Admissions Cost advanced for fax sent [12 pgs] serve JPG $1.00 $12.00 Answers to Requests for Admissions 11/14/2003 Cost advanced for LexisNexis computer REC $3.00 $3.00 assisted legal research Cost advanced for fax sent to opposing REC $1.00 $8.00 counsel [8 pgs] regarding discovery dispute Cost advanced for postage to mail letter to REC opposing counsel, etc. regarding discovery $0.37 $0.74 dispute Cost advanced for photocopies [8 pgs] copy REC of letter to opposing counsel regarding $0.25 $2.00 discovery dispute 11/17/2003 Cost advanced for FedEx to United States District Court, Eastern District of CA, REC $27.01 $27.01 Magistrate Judge Hallows, delivered on 10/14/03 Cost advanced for FedEx to Clerk of the REC U.S. District Court, Eastern District of CA, $28.36 $28.36 delivered on 10/14/03 11/21/2003 Cost advanced for LexisNexis computer REC $3.00 $9.00 assisted legal research 11/24/2003 Cost advanced for fax received from L. Woodlock [7 pgs] Response to Plaintiff's 1st REC Request for Production of Documents; $1.00 $7.00 Response to Plaintiffs 1st set of Interrogatories Cost advanced for photocopies for James Bopp, Jr. of fax received from L. Woodlock REC [7 pgs] Response to Plaintiff's 1st Request $0.25 $1.75 for Production of Documents; Response to Plaintiffs 1st set of Interrogatories 11/26/2003 Cost advanced for postage for service of REC $1.29 $1.29 discovery requests Cost advanced for photocopies [57 pgs] REC $0.25 $1425 service of discovery requests Cost advanced for postage for service of REC $1.06 $2.12 discovery requests Cost advanced for postage for service of REC $1.52 $1.52 discovery requests Cost advanced for photocopies [52 pgs] REC $0.25 $13.00 service of discovery requests Cost advanced for postage for service of REC $0.83 $1.66 discovery requests 12/1/2003 Cost advanced for photocopies [22 pgs] REC copy of Defendants' discovery requests for $0.25 $5.50 James Bopp, Jr. use Cost advanced for long distance phone REC charges from Global Crossing phone bill for $3.92 $3.92 10/20/03 -11/19/03 Cost advanced for photocopies [1 page] REC $0.25 $0.25 copy of letter to Ms. Gimple Cost advanced for photocopies [20 pgs] REC $0.25 $5.00 copy of discovery documents to Client Cost advanced for long distance phone REC charges from Global Crossing phone bill for $1.29 $1.29 10/20/03 -11/19/03 Cost advanced for postage to mail discovery REC $1.06 $1.06 documents to Client Cost advanced for postage to mail letter to REC $0.37 $0.37 Ms. Gimple Cost advanced for fax sent to Client [20 REC $1.00 $20.00 pgs] discovery documents 12/11/2003 Cost advanced for fax sent to opposing REC counsel and local counsel [2 pgs] letter $1.00 $2.00 regarding discovery Cost advanced for photocopies [1 page] REC copy of letter to opposing counsel and local $0.25 $0.25 counsel regarding discovery Cost advanced for postage to mail letter to REC $0.37 $0.37 opposing counsel 12/12/2003 Cost advanced for LexisNexis computer REC assisted legal research regarding rules $3.00 $27.00 regarding admissions Cost advanced for LexisNexis computer REC assisted legal research for requests for $3.00 $48.00 admissions 12/15/2003 Cost advanced for LexisNexis computer REC assisted legal research — retrieve case cited $3.00 $3.00 by K. Gimple 12/17/2003 Cost advanced for photocopies [19 pgs] REC copy exhibits and response draft in reply to $0.25 $4.75 interrogatories Cost advanced for fax sent to CPLC REC bookkeeper, [14 pgs] letter regarding $1.00 $14.00 discovery 12/24/2003 Cost advanced for long distance phone ECB charges from Global Crossing phone bill for $3.06 $3.06 11/19/03 -12/19/03 12/29/2003 Cost advanced for photocopies [35 pgs] of REC fax received from FPPC of response to $0.25 $8.75 discovery requests — for James Bopp, Jr. Cost advanced for fax letter sent to CPLC REC $1.00 $2.00 bookkeeper [2 pgs] Cost advanced for fax sent [38 pgs] REC Responses to Attorney General's discovery $1.00 $38.00 requests Cost advanced for photocopies [38 pgs] REC copy of responses to Attorney General's $0.25 $9.50 discovery requests Cost advanced for postage to mail responses REC $1.06 $2.12 to Attorney General's discovery requests Cost advanced for fax received from FPPC REC $1.00 $35.00 [35 pgs] Response to discovery requests 12/30/2003 Cost advanced for fax received from Attorney General [17 pgs] Defendant Lockyer's Response to Interrogatories, Set REC 2; Declaration of Service; Defendant $1.00 $17.00 Lockyer's Response to Request for Production of Documents, Set 2; Declaration of Service 1/5/2004 Cost advanced for photocopies for James Bopp, Jr. of fax received from Attorney General [17 pgs] Defendant Lockyer's REC Response to Interrogatories, Set 2; $0.25 $4.25 Declaration of Service; Defendant Lockyer's Response to Request for Production of Documents, Set 2; Declaration of Service 1/12/2004 Cost advanced for postage to mail letter to REC $0.37 $0.37 K. Gimple Cost advanced for photocopies [44 pgs] REC copy for service of Discovery Response and $0.25 $11.00 Requests Cost advanced for postage for service of REC $1.98 $3.96 Discovery Response and Requests Cost advanced for fax sent — service of REC $1.00 $44.00 Discovery Response and Requests [44 pgs] 1/13/2004 Cost advanced for fax sent to Defendants REC [16 pgs] copy of documents produced by $1.00 $16.00 CPLC 1/30/2004 Cost advanced for fax sent for FPPC REC $1.00 $6.00 interrogatories to CPLC [6pgs] Cost advanced for postage to mail FPPC REC $0.60 $0.60 interrogatories to CPLC 2/1/2004 Cost advanced for long distance phone JB charges from Global Crossing phone bill for $3.77 $3.77 12/19/03 -1/19/04 2/13/2004 Cost advanced for fax charges from L Woodlock Defendant Randolphs frsp to REC $1.00 $59.00 Plaintiff's Request for Admissions #1;Certificate of Service [59pgs] 2/23/2004 Cost advanced for long distance phone JB charges from Global Crossing phone bill for $0.28 $0.28 1/19/04 -2/19/04 2/27/2004 Cost advanced for postage [$1.20]; Serve REC $1.20 $1.20 response to FPPC interrogatories Cost advanced for photocopies [12pgs]; REC $0.25 $3.00 Serve response to FPPC interrogatories 3/11/2004 Cost advanced for fax received of REC $1.00 $8.00 interrogatories from FPPC Cost advanced for photocopies [8pgs] of REC interrogatories from FPPC for a working $0.25 $2.00 copy for James Bopp, Jr. 3/15/2004 Cost advanced for photocopy of letter sent REC $0.25 $0.25 to Silvest Morris, for James Bopp, Jr. [1pg] Cost advanced for fax sent to Silvest Morris REC $1.00 $1.00 [lpg] Cost advanced for fax sent to Silvest Morris REC $1.00 $2.00 regarding depositions [2pgs] 3/16/2004 Cost advanced for postage for letter to REC $0.37 $0.37 opposing counsel regarding depositions Cost advanced for fax sent to opposing REC $1.00 $10.00 counsel regarding depositions [10 pgs] Cost advanced for photocopies [3 pgs] for REC $0.25 $0.75 letter to opposing counsel re depositions 3/17/2004 Cost advanced for fax sent to Gimple REC $1.00 $2.00 regarding deposition schedule [2pgs] Cost advanced for postage for letter to REC $0.37 $0.37 Gimple regarding deposition schedule Cost advanced for photocopies of letter REC from Gimple regarding deposition $0.25 $0.50 scheduling [for James Bopp, Jr.]; [2pgs] Cost advanced for photocopies [2pgs] of REC letter to Gmple regarding deposition $0.25 $0.50 schedule Cost advanced for fax received [letter from REC Gimple regarding deposition scheduling] [3 $1.00 $3.00 pgs] Cost advanced for long distance phone JB charges from Global Crossing phone bill for $6.00 $6.00 2/19/04 -3/19/04 Cost advanced for long distance phone JB charges from Global Crossing phone bill for $1.78 $1.78 2/19/04 -3/19/04 3/19/2004 Cost advanced for fax sent to Gimple REC $1.00 $2.00 regarding depositions [2pgs] 3/29/2004 Cost advanced for photocopies [2pgs] copy REC of subpoena and schedule for James Bopp, $0.25 $0.50 Jr. use 3/31/2004 Travel expense to attend deposition JB $1,168.07 $1,168.07 [Expense Report 9034] 4/1/2004 Cost advanced for deposition transcript for JB CA Prolife Council v. Getman from Esquire $601.25 $601.25 Deposition Services Invoice #36378 4/2/2004 Cost advanced for deposition transcript for California Prolife Council v. Getman JB $441.60 $441.60 (Esquire Deposition Services) Invoice no. 36393ESC 4/5/2004 Cost advanced for photocopies [54 pags]; REC Copies of treasurer James Bopp's 2003 $0.25 $13.50 reports for Gimple Cost advanced for postage to file and mail REC copies of treasurer James Bopp's 2003 $1.29 $1.29 reports to Gimple Cost advanced for LexisNexis computer REC $3.00 $24.00 assisted legal research 4/6/2004 Cost advanced for photocopies [1 page]; REC $0.25 $0.25 return 2003 reports to treasurer James Bopp Cost advanced for postage to return 2003 REC $1.52 $1.52 reports to treasurer James Bopp 4/8/2004 Cost advanced for fax received from REC defendant's discovery documents sent by $1.00 $48.00 local counsel [48 Pgs] 4/12/2004 Cost advanced for LexisNexis computer REC $3.00 $3.00 assisted legal research 4/13/2004 JB Cost advanced for photocopies [210 pgs] $0.25 $52.50 4/15/2004 REC Cost advanced for postage [2 × 1.29] $1.29 $2.58 REC Cost advanced for photocopies [52 pgs] $0.25 $13.00 4/16/2004 Cost advanced for FedEx to Kathryn REC $17.70 $17.70 Gimple Travel expense to Sacramento to defend JPG $540.00 $540.00 depositions [check no. 1762] Cost advanced for LexisNexis computer JPG $3.00 $18.00 assisted legal research Cost advanced for LexisNexis computer JPG $3.00 $6.00 assisted legal research 4/19/2004 Cost advanced for fax of Forms 460 sent to REC Robt. Leidigh per request of K. Gimple [28 $1.00 $28.00 pgs] Cost advanced for LexisNexis computer JPG $3.00 $9.00 assisted legal research Travel expense California for depositions — JPG $964.65 $964.65 CA. ProLife [Expense Report # 9039] 4/20/2004 Cost advanced for fax sent of transcript of REC Silvest Morris deposition to Robert Leidigh $1.00 $26.00 [26 pgs] Cost advanced for deposition transcript of JB CA Prolife Council v. Getman from Esquire $467.35 $467.35 Deposition Service Invoice #36483 4/21/2004 Cost advanced for deposition transcript for JB CA Prolife Council v. Getman from Esquire $451.35 $451.35 Deposition Services Invoice # 4/22/2004 Cost advanced for long distance phone JB charges from Global Crossing phone bill for $23.23 $23.23 2/19/04 -3/19/04 Cost advanced for deposition transcript of JB CA Prolife Council v. Getman from Esquire $774.65 $774.65 Deposition Services, Invoice #36716 4/23/2004 Cost advanced for deposition transcript for JB CA Prolife Council v. Getman by Esquire $359.10 $359.10 Deposition Service, Invoice #36710 4/28/2004 REC Cost advanced for fax received [4 pgs] $1.00 $4.00 4/30/2004 Cost advanced for fax received — letter from REC California Attorney General and Notice of $1.00 $7.00 Deposition and Subpoena [7 pgs] 5/3/2004 Cost advanced for fax sent to defendants of REC correspondence regarding discovery $1.00 $54.00 requests [54 Pgs] Cost advanced for postage of REC correspondence regarding discovery $3.22 $3.22 requests to defendants Cost advanced for LexisNexis computer REC $3.00 $21.00 assisted legal research Cost advanced for LexisNexis computer REC $3.00 $3.00 assisted legal research 5/4/2004 Cost advanced for fax sent to Gimple, et al, REC $1.00 $4.00 regarding discovery issues [4 pgs] Cost advanced for photocopies of letter to REC Gimple, et al, regarding discovery issues [4 $0.25 $1.00 pgs] Cost advanced for fax sent to local counsel REC with correspondence to opposing counsel [7 $1.00 $7.00 pgs] Cost advanced for postage to return REC $5.85 $5.85 materials to James E. Bopp REC Cost advanced for postage $5.75 $5.75 REC Cost advanced for photocopies [281 pgs] $0.25 $70.25 5/5/2004 Cost advanced for postage to serve response REC $0.37 $1.11 to Attorney General's discovery request Cost advanced for photocopies to serve REC response to Attorney General's discovery $0.25 $3.00 request [12 pgs.] Cost advanced for LexisNexis computer assisted legal research of law regarding REC $3.00 $12.00 protective order for strategy and deliberations Cost advanced for fax sent to serve response REC to Attorney General's discovery request [4 $1.00 $4.00 pgs] 5/6/2004 Cost advanced for fax received from CRLP REC $1.00 $47.00 of discovery materials [47 pgs] 5/7/2004 Cost advanced for fax sent of response to JPG letter regarding discovery, copy of $1.00 $19.00 McConnell protective order [19 pgs] Cost advanced for postage to serve opposing REC counsel and local counsel with discovery $3.85 $11.55 responses Cost advanced for fax sent to serve REC $1.00 $93.00 discovery responses [42 + 51 pgs] Cost advanced for photocopies [273 pgs] to REC serve opposing counsel and local counsel $0.25 $68.25 with discovery responses 5/12/2004 Cost advanced for fax sent to serve amended REC $1.00 $14.00 discovery response [14 pgs] Cost advanced for fax received from Brian REC $1.00 $25.00 Johnston of discovery materials [25 pgs] Cost advanced for photocopies [18 pgs] of REC $0.25 $4.50 amended discovery response Cost advanced for postage for amended REC $0.60 $1.80 discovery response 5/13/2004 REC Cost advanced for fax received $1.00 $1.00 Cost advanced for photocopies of serve REC discovery responses and copy local counsel $0.25 $30.00 [40×3 pgs] Cost advanced for postage to serve REC discovery responses and copy local counsel $5.25 $5.25 [1.75×3] 5/14/2004 Cost advanced for witness fees to Mark R REC $625.00 $193.00 Green, C.P.A. [Ck# 1828] 5/17/2004 REC Cost advanced for postage $0.60 $1.80 Cost advanced for fax sent to opposing REC counsel serve amended interrogatory $1.00 $16.00 response REC Cost advanced for photocopies [8×3 pgs] $0.25 $6.00 5/19/2004 Cost advanced for photocopies [1 page] — REC $0.25 $0.25 letter to Mark Green Cost advanced for postage of letter to Mark REC $0.37 $0.37 Green 5/24/2004 Cost advanced for long distance phone JB charges from Global Crossing phone bill for $21.74 $21.74 4/19/04 -5/19/04 6/7/2004 Cost advanced for photocopies to serve REC letter regarding expert witness disclosure [2 $0.25 $0.50 pgs] REC Cost advanced for postage $0.37 $0.74 Cost advanced for fax sent to serve letter REC $1.00 $3.00 regarding expert witness disclosure [3 pgs] 6/23/2004 Cost advanced for long distance phone JB charges from Global Crossing phone bill for $0.15 $0.15 5/19/04 -6/19/04 6/30/2004 REC Cost advanced for fax sent [22 pgs] $1.00 $22.00 7/7/2004 Cost advanced for long distance phone JPG $122.33 $122.33 charges 7/14/2004 Cost advanced for postage to mail Spence REC $8.55 $8.55 deposition transcript to Gimple 7/21/2004 Cost advanced for long distance phone JB charges from Global Crossing phone bill for $3.36 $3.36 6/19/04 -7/19/04 9/17/2004 Cost advanced for fax received of notice REC $1.00 $5.00 regarding party substitution [5 pgs] 9/22/2004 Cost advanced for long distance phone JB charges from Global Crossing phone bill for $0.56 $0.56 8/19/04 -9/19/04 9/28/2004 Cost advanced for LexisNexis computer REC $3.00 $15.00 assisted legal research Cost advanced for LexisNexis computer REC $3.00 $3.00 assisted legal research 9/29/2004 Cost advanced for LexisNexis computer REC $3.00 $18.00 assisted legal research Cost advanced for LexisNexis computer REC $3.00 $3.00 assisted legal research 9/30/2004 Cost advanced for FedEx to Clerk of Court REC $30.90 $30.90 [E.D. CAL.) Cost advanced for FedEx to Kathryn REC $27.75 $27.75 Gimple Cost advanced for FedEx to Larry REC $27.75 $27.75 Woodlock Cost advanced for LexisNexis computer REC $3.00 $90.00 assisted legal research REC Cost advanced for postage $2.21 $2.21 Cost advanced for photocopies [301 pgs] — copy summary judgment motion, brief and REC $0.25 $75.25 check letter; return envelope; copy to local counsel 10/1/2004 Cost advanced for fax sent to client of REC $1.00 $21.00 statement of facts [21 pgs] Cost advanced for photocopies [36 pgs] — REC $0.25 $9.00 working copies of memorandum Cost advanced for fax received from K. REC $1.00 $38.00 Gimple [38 pgs] 10/14/2004 Cost advanced for photocopies [16 × 6, 47 × REC 6 pgs] — file and serve summary judgment $0.25 $94.50 documents to copy local counsel Cost advanced for postage to file and serve REC Summary Judgment documents to local $2.44 $9.76 counsel Cost advanced for FedEx to Clerk of Court REC $31.18 $31.18 (E.D. California) 10/18/2004 Cost advanced for fax received [2 pgs] — JPG minute order regarding rescheduling $1.00 $2.00 Summary Judgment hearing 10/19/2004 Cost advanced for long distance phone JB charges from Global Crossing phone bill for $2.30 $2.30 9/19/04 -10/19/04 10/21/2004 Cost advanced for LexisNexis computer REC $3.00 $18.00 assisted legal research Cost advanced for FedEx to US District REC $28.01 $28.01 Court (E.D. Cal) 10/22/2004 Cost advanced for photocopies [18 pgs] REC $0.25 $4.50 letter to Brian Johnston Cost advanced for postage — letter to Brian REC $1.29 $1.29 Johnston 11/29/2004 Cost advanced for LexisNexis computer REC $3.00 $9.00 assisted legal research 12/6/2004 Cost advanced for fax sent to Maureen REC $1.00 $1.00 Price, courtroom deputy [1 page] 12/8/2004 Cost advanced for photocopies REC [43+24+44+28] -for hearing file for James $0.25 $34.75 Bopp, Jr. 12/15/2004 Cost advanced for photocopies [9 pgs] — REC material for Bopp review before Summary $0.25 $2.25 Judgment hearing 12/19/2004 Cost advanced for long distance phone JB charges from Global Crossing phone bill for $1.00 $1.00 11/19/04 -12/19/04 2/22/2005 Cost advanced for long distance phone JB charges from Global Crossing phone bill for $0.15 APPEAL 1/19/05 -2/19/05 2/23/2005 Cost advanced for photocopies [42 pgs] — of REC summary judgment opinion, order, and $0.25 $10.50 judgment for James Bopp, Jr. 3/18/2005 Cost advanced for appeal filing fee, payable REC $255.00 APPEAL to Clerk, U. S. District Court [ck # 12090] Cost advanced for photocopies [153 pgs] — REC serve and file notice of appeal required $0.25 APPEAL documents Cost advanced for postage to serve file REC $2.21 APPEAL notice of appeal required documents Cost advanced for FedEx to Clerk, US REC $33.07 APPEAL District Court (E.D. CA), Sacramento 3/22/2005 Cost advanced for long distance phone JB $0.47 APPEAL charges 3/25/2005 Cost advanced for photocopies [10 pgs] file REC $0.25 APPEAL serve initial transcript notice Cost advanced for postage to file serve REC $0.37 APPEAL initial transcript notice Cost advanced for FedEx to Clerk, Ninth REC Circuit Court of Appeals, San Francisco, $11.20 APPEAL CA 4/15/2005 Cost advanced for photocopies [6 pgs] — certified letters to 9th Circuit clerk and REC $0.25 APPEAL district court court reporter regarding transcripts Cost advanced for postage — certified letters REC to 9th Circuit clerk and district court court $9.07 APPEAL reporter regarding transcripts 4/20/2005 Cost advanced for long distance phone JB charges from Global Crossing phone bill for $2.29 APPEAL 3/19/05 -4/19/05 4/22/2005 Cost advanced for photocopies [6 pgs] of REC transcript designation to 9th Circuit and $0.25 APPEAL court reporter Cost advanced for postage for mailing of REC transcript designation to 9th Circuit and $0.37 APPEAL court reporter 4/27/2005 Cost advanced for transcript for appeal — REC $138.60 APPEAL payable to Michelle Babbitt [Check # 2705] Cost advanced for photocopies [1 page] REC letter to Michelle Babbitt regarding $0.25 APPEAL transcript Cost advanced for postage — letter to REC $0.37 APPEAL Michelle Babbitt regarding transcript 5/20/2005 Cost advanced for long distance phone JB charges from Global Crossing phone bill for $0.81 APPEAL 4/19/05 -5/19/05 6/7/2005 Cost advanced for photocopies [41 pgs] — REC $0.25 APPEAL working copy of district court opinion 6/14/2005 Cost advanced for LexisNexis computer REC $3.00 APPEAL assisted legal research 6/15/2005 Cost advanced for LexisNexis computer REC $3.00 APPEAL assisted legal research 6/20/2005 Cost advanced for LexisNexis computer REC $3.00 APPEAL assisted legal research 6/30/2005 Cost advanced for photocopies [4 pgs] — REC copy of extension notice to opposing $0.25 APPEAL counsel for clerk Cost advanced for postage to mail extension REC $0.37 APPEAL notice to opposing counsel clerk 7/1/2005 Cost advanced for LexisNexis computer REC $3.00 APPEAL assisted legal research 7/5/2005 Cost advanced for LexisNexis computer REC $3.00 APPEAL assisted legal research 7/12/2005 Cost advanced for LexisNexis computer REC $3.00 APPEAL assisted legal research 7/20/2005 Cost advanced for photocopies [2 pgs] — REC $0.25 APPEAL letter to clerk Cost advanced for photocopies [146 pgs] — REC $0.25 APPEAL excerpts of record for Bates numbering 7/21/2005 Cost advanced for postage — service and REC $8.55 APPEAL return envelope 7/25/2005 Cost advanced for long distance phone JB charges from Global Crossing phone bill for $0.43 APPEAL 6/19/05 -7/19/05 7/29/2005 Cost advanced for postage — letters to REC $0.83 APPEAL Cockle and clerk and return envelope Cost advanced for photocopies [2 pgs] REC letters to Cockle and clerk and return $0.25 APPEAL envelope Cost advanced for reimbursement of postage REC to mail brief and excerpts of record — $42.45 APPEAL payable to Richard Coleson [ck# 2972] 9/13/2005 Cost advanced for photocopies [13 pgs] — REC $0.25 APPEAL file and serve Form 7 Notice Cost advanced for FedEx to Clerk, 9th REC $19.52 APPEAL Circuit Court of Appeals Cost advanced for postage — file and serve REC $1.57 APPEAL Form 7 Notice 9/19/2005 Cost advanced for photocopies [7 pgs] — REC $0.25 APPEAL letter to Clerk Cost advanced for postage — letter to clerk REC $0.60 APPEAL with return envelope Cost advanced for FedEx to Clerk of 9th REC $19.52 APPEAL Circuit Court of Appeals 9/20/2005 Cost advanced for long distance phone JB charges from Global Crossing phone bill for $0.58 APPEAL 8/19/05 -9/19/05 10/11/2005 Cost advanced for LexisNexis computer REC $3.00 APPEAL assisted legal research 10/13/2005 Cost advanced for LexisNexis computer REC $3.00 APPEAL assisted legal research 10/14/2005 Cost advanced for LexisNexis computer REC $3.00 APPEAL assisted legal research 10/16/2005 Cost advanced for LexisNexis computer REC $3.00 APPEAL assisted legal research 10/17/2005 Cost advanced for postage — reply brief REC $9.68 APPEAL service and reply envelope Cost advanced for LexisNexis computer REC $3.00 APPEAL assisted legal research 1/23/2006 Cost advanced for printing binding of opening Appeal Brief [ck # 23356]- REC $158.18 APPEAL payable to Readmore Bookstore, Terre Haute, IN Cost advanced for printing Reply Brief [ck # REC 23356] — payable to Readmore Bookstore, $61.80 APPEAL Terre Haute, IN 1/3/2007 Cost advanced for WestLaw computer REC assisted legal research — supplemental $3.00 APPEAL authority 1/9/2007 Cost advanced for WestLaw computer REC assisted legal research — supplemental $3.00 APPEAL authority Cost advanced for photocopies (133 pgs] — REC $0.25 APPEAL supplemental authority Cost advanced for postage to send REC supplemental authority to clerk and $6.27 APPEAL opposing counsel 1/15/2007 Cost advanced for postage — return new REC $0.39 APPEAL hearing acknowledgment forms Cost advanced for photocopies [2 pgs] — REC $0.25 APPEAL return new hearing acknowledgment forms 1/17/2007 Cost advanced for WestLaw computer REC assisted legal research — search for case $3.00 APPEAL citation update Cost advanced for photocopies [55 pgs] — REC $0.25 APPEAL materials for oral argument file Cost advanced for WestLaw computer REC assisted legal research — search for updated $3.00 APPEAL citations for oral argument file 2/7/2007 Cost advanced for photocopies [17 pgs] — REC materials cited by State for oral argument $0.25 APPEAL file 2/12/2007 JB Travel to attend 9th Circuit argument $571.48 APPEAL 7/3/2007 Cost advanced for photocopies [24pgs] — REC $0.25 APPEAL supplemental authority Cost advanced for postage for supplemental REC $1.96 APPEAL authority Cost advanced for WestLaw computer assisted legal research of Supreme Court REC $3.00 APPEAL version of FEC v. WRTL for supplemental authority 8/28/2007 Cost advanced for photocopies [21 pgs] — REC $0.25 APPEAL Supplemental Authority Cost advanced for postage — Supplemental $1.96 APPEAL REC Authority Cost advanced for WestLaw computer assisted legal research — for published REC $3.00 APPEAL version of Colorado RTL Committee v. Coffman 11/20/2007 Cost advanced for long distance phone JB charges from Matrix phone bill for 10/20/07 $1.56 $1.56 — 11/20/07 12/19/2007 Cost advanced for long distance phone JB charges from Matrix phone bill for 11/20/07 $0.47 $0.47 — 12/20/07 1/20/2008 Cost advanced for long distance phone JB charges from Matrix phone bill for 12/20/07 $0.43 $0.43 — 1/20/08 1/25/2008 Cost advanced for WestLaw computer assisted legal research — download CPLC v. JPG $3.00 $9.00 Randolfs reported version for citation in status conference report Cost advanced for FedEx to Tahnya Ballard, JPG $30.43 $30.43 Sacramento, CA 1/26/2008 Cost advanced for WestLaw computer JPG $3.00 $24.00 assisted legal research final judgment 1/27/2008 Cost advanced for WestLaw computer JPG assisted legal research district court's duty to $3.00 $36.00 follow court of appeal's direction on remand 2/4/2008 Cost advanced to reimburse local counsel for filing fees (pro hac vice application for JPG $180.00 NO CHARGE Jeffrey P. Gallant) [ck # 25224] — payable to Tahnya Ballard 2/18/2008 Cost advanced for WestLaw computer JPG assisted legal research9th Circuit law on $3.00 $30.00 cognizable burdens on political speech Cost advanced for WestLaw computer CJC assisted legal research for supplemental $3.00 $72.00 briefing on statutory construction 2/20/2008 Cost advanced for long distance phone JB charges from Matrix phone bill for 1/20/08 — $0.15 $0.15 2/20/08 Cost advanced for long distance phone JB charges from Matrix phone bill for 1/20/08 — $2.20 $2.20 2/20/08 2/21/2008 Cost advanced for WestLaw computer JPG assisted legal research weight of agency $3.00 $48.00 interpretation of statute 2/22/2008 Cost advanced for WestLaw computer assisted legal research effect of regulations JPG $3.00 $36.00 on other regulations, statutes;9th Circuit law on injuries from statute itself 2/26/2008 Cost advanced for WestLaw computer assisted legal research appellate courts not JPG limited to pleadings; weight of pleadings in $3.00 $111.00 appellate court review; injunctive relief in constitutional law cases 2/27/2008 Cost advanced for WestLaw computer JPG assisted legal research need for specificity $3.00 NO CHARGE in a declaratory judgment 2/28/2008 Cost advanced for WestLaw computer assisted legal research need for injunctive JPG relief; scope of injunctive relief, need for $3.00 NO CHARGE specificity; cases regarding appellate court's authority to decide questions of law Cost advanced for WestLaw computer JPG assisted legal research need for injunctive $3.00 NO CHARGE relief with respect to agenciesNO. CIV S-00-1698 FCD GGH APPENDIX B
California Pro-life Council, Inc. v. RandolphNo. Civ. S-00-1698 FCD GGH
APPENDIX B
Professional Services Hensley 54 For professional services rendered 214.40 $31,602.50 Additional Charges Total Costs $2,027.46 Total amount of this bill $33,629.96 Balance due $33,629.96
Date Attorney Task Hours Rate Amount 11/14/2007 E-mail from Raeanna S. Moore regarding JB 0.10 $385.00 $38.50 fee petition and local rules Review 9th Circuit and local rules regarding RSM fee petitions and e-mail to James Bopp, Jr. 0.50 $230.00 $115.00 regarding same 11/15/2007 Review summary of 9th Circuit decision RSM 0.20 $230.00 $46.00 and e-mail regarding motion for transfer 11/19/2007 Phone conference with opposing counsel RSM 0.20 $230.00 $46.00 regarding motion — left messages Review voice mail from C. Krueger and RSM 0.10 $230.00 $23.00 return call Conference with Raeanna S. Moore REC 0.20 $280.00 $56.00 regarding opposing counsel contact info RSM Prepare for transfer 0.50 $230.00 $115.00 Conference with Richard E. Coleson RSM regarding phone numbers, etc. for opposing 0.20 $230.00 $46.00 counsel RSM Review local rules regarding motions 0.10 $230.00 $23.00 11/29/2007 RSM Prepare letter to clerk regarding filing 0.10 $230.00 $23.00 RSM Prepare FedEx and copy for filing 0.20 $230.00 NO CHARGE Review/revise request for transfer and RSM 0.30 $230.00 $69.00 prepare order thereon 11/30/2007 RSM Organize file and update case list 0.30 $230.00 NO CHARGE 12/7/2007 Check 9th Circuit docket to see if petition RSM for transfer granted; phone conference with 0.40 $230.00 $92.00 Court regarding same (2x) 12/13/2007 RSM Research to determine appropriate rates 0.40 $230.00 $92.00 12/14/2007 Prepare e-mail to Richard E. Coleson RSM 0.20 $230.00 NO CHARGE regarding status RSM Research to determine fair market rates 0.10 $230.00 $23.00 Review billing statements to exercise billing RSM 0.10 $230.00 $23.00 judgment RSM Prepare "fair estimate" fee petition 0.40 $230.00 $92.00 12/17/2007 Retrieve and review new rules for U.S. REC District Court for Eastern District of 0.80 $280.00 $224.00 California Review e-mail from Raeanna S. Moore REC 0.20 $280.00 $56.00 regarding fee petition status and needs Letter from 9th Circuit Clerk with order REC 0.10 $280.00 $28.00 granting transfer of fee petition Conference with Richard E. Coleson CJC 0.20 $170.00 $34.00 regarding fee petition and reconciling 12/18/2007 E-mail from District Court noticing 9th REC Circuit grant of transfer of fee 0.10 $280.00 $28.00 consideration; print and file away same Reconcile billing statements in preparation CJC 6.10 $170.00 $1,037.00 for fee petition 12/19/2007 Reconcile billing statements for fee CJC 3.00 $170.00 $510.00 petitions 12/27/2007 Review James Bopp, Jr. e-mails, print and JPG 0.40 $230.00 NO CHARGE review materials Conference with James Bopp, Jr. regarding JPG 0.30 $230.00 $69.00 fee petition Conference with Clayton J. Callen regarding JPG reconciliation of billing records for fee 0.10 $230.00 $23.00 petition Conference with James Bopp, Jr. regarding JPG reconciliation of billing records for fee 0.20 $230.00 $46.00 petition 12/31/2007 Review local rules for fee petitions, review JPG 1.10 $230.00 $253.00 docket sheet JPG Review mad.colinit fee petition 0.50 $230.00 NO CHARGE JPG Review file 0.30 $230.00 NO CHARGE 1/2/2008 E-mail from Jeffrey P. Gallant regarding JB 0.20 $385.00 $77.00 possible stipulated judgment Phone call from Jeffrey P. Gallant filing a JB motion for judgment: FPPC's position on 0.60 $385.00 $231.00 same Review cases where fees are for work done JPG 1.00 $230.00 $230.00 in Court of Appeals and District Court Review cases where fees are for work done JPG 0.60 $230.00 NO CHARGE in Court of Appeals and District Court Conference with Jeffrey P. Gallant REC regarding his phone call to court and review 0.10 $280.00 $28.00 of rules E-mail to James Bopp, Jr. regarding JPG 0.20 $230.00 $46.00 possible stipulated judgment Phone call to Larry Woodlock regarding filing a motion for judgment; advised that a JPG 0.20 $230.00 $46.00 stipulated judgment could be filed with conference report due January 29 Phone call to James Bopp, Jr. regarding JPG filing a motion for judgment; FPPC's 0.10 $265.00 $26.50 position on same Check 9th Circuit brief/ docket sheet for dates of various judgments, etc. to consider JPG 0.70 $230.00 $161.00 what fees should be requested; prepare outline of dates Phone call to Maureen Price regarding status conference (2/8) and fee petition — spoke with someone else. She advised that JPG 0.10 $230.00 $23.00 transfer order is probably subject of status conference, will have Maureen call Monday 1/7 to confirm Conference with Richard E. Coleson JPG 0.30 $230.00 $69.00 regarding due date for filing fee petition 2/22/2008 Locate, scan and OCR 2005 District Court JPG Summary Judgment memoranda for experts; 2.00 $265.00 NO CHARGE OCR remaining memoranda and/or briefing 3/12/2008 Conference with James Bopp, Jr. regarding JPG 0.30 $230.00 $69.00 outline of arguments for fee petition Conference with Jeffrey P. Gallant JB regarding outline of arguments for fee 0.30 $385.00 $115.50 petition 3/19/2008 E-mail to J. Sweeney regarding fee petition JPG (former local counsel), follow-up phone 0.40 $230.00 $92.00 conference at his request (left message) E-mail from, to, Tahnya Ballard regarding JPG 0.30 $230.00 $69.00 fee petition, previous local counsel E-mail to Tahnya Ballard regarding experts JPG 0.20 $230.00 $46.00 on local rates in similar cases E-mail to, from Raeanna S. Moore regarding JPG 0.60 $230.00 NO CHARGE experts, other needs for fee petitions JPG Preliminary draft of memo 0.40 $230.00 $92.00 JPG Create contact list, etc 0.20 $230.00 NO CHARGE 3/20/2008 JPG Create folders, organize materials 0.60 $230.00 NO CHARGE E-mail to T. Ballard regarding consolidated JPG fee petition, need for exhibits, possible 0.50 $230.00 $115.00 experts 3/24/2008 Read, annotate 9th Circuit cases on fee JPG 1.50 $230.00 $345.00 petitions, start outline JPG Work on table of claims for adjusting billing 0.30 $230.00 $69.00 JPG Research attorneys for declaration 2.40 $230.00 NO CHARGE 3/25/2008 Conference with James Bopp, Jr. regarding JPG expert declaration (. 1) emails to two 0.60 $230.00 $138.00 Sacramento attorneys Read, annotate9th Circuit cases on fee JPG 1.00 $230.00 $230.00 petitions, start outline JPG Work on table of claims for adjusting billing 0.30 $230.00 $69.00 Review e-mail from Lance Olson, work on JPG 1.00 $230.00 $230.00 draft of declaration 3/26/2008 E-mail to, from T. Ballard regarding JPG 0.10 $230.00 $23.00 noticing a motion JPG Review rates as per Raeanna S. Moore 0.20 $230.00 $46.00 E-mails, to, from C. Bell regarding JPG prevailing market rates, providing Altman 0.20 $230.00 $46.00 Weil Survey materials Review online calendar, rules regarding JPG 0.20 $230.00 $46.00 noticing a motion Gather memoranda, briefing from dormant JPG 1.20 $230.00 $276.00 file storage for expert's review E-mail to, from Raeanna S. Moore regarding JPG 0.90 $230.00 NO CHARGE fee petitions 3/27/2008 E-mail from J. Sweeney's office regarding JPG 0.30 $230.00 $69.00 billing records, briefly review Final and have materials for sending to JPG 0.50 $230.00 $115.00 expert Final and have materials for sending to JPG 1.30 $230.00 NO CHARGE expert 3/28/2008 Send case materials to C. Bell for review JPG 0.30 $230.00 $69.00 regarding his declaration JPG Prepare FedEx for case materials 2.20 $230.00 NO CHARGE 4/1/2008 Prepare e-mail and attachments for L. Olson JPG 0.70 $230.00 $161.00 and C. Bell regarding declarations Prepare e-mail and attachments for L. Olson JPG 0.70 $230.00 NO CHARGE and C. Bell regarding declarations JPG Review e-mail from L. Olson, draft reply 0.30 $230.00 $69.00 JPG Phone call to C. Bell 0.20 $230.00 $46.00 JPG Organize files 0.70 $230.00 NO CHARGE JPG Research fee petitions 1.00 $230.00 $230.00 JPG Research fee petitions 0.30 $230.00 NO CHARGE Draft declaration for T. Ballard for fee JPG 0.40 $230.00 NO CHARGE petition 4/2/2008 Research partial success, adjustment for JPG 2.90 $230.00 NO CHARGE unsuccessful claim Research partial success, adjustment for JPG 1.20 $230.00 $276.00 unsuccessful claim E-mail to, from T. Ballard regarding JPG 0.20 $230.00 $46.00 declaration E-mail to C. Bell regarding prevailing JPG 0.20 $230.00 $46.00 market rates E-mail to, from C. Bell regarding expert JPG 0.30 $230.00 $69.00 declaration Work with Carole Bostrom and Time slips JPG to identify time spent on ballot measure 0.20 $230.00 $46.00 advocacy claims Work on lodestar: which hours did not lead JPG 0.60 $230.00 NO CHARGE to success, identifying them for exclusion Work on lodestar: which hours did not lead JPG 1.20 $230.00 $276.00 to success, identifying them for exclusion 4/3/2008 JPG Research successful v. unsuccessful claims 0.50 $230.00 $115.00 E-mail to, from C. Bell regarding JPG 0.80 $230.00 $184.00 declaration, prevailing market rates, claims JPG Research successful v. unsuccessful claims 2.90 $230.00 NO CHARGE Review, respond to e-mail from T. Ballard JPG 0.30 $230.00 $69.00 regarding LR 54-293 Review e-mail from T. Ballard regarding JPG 0.10 $230.00 $23.00 declaration 4/4/2008 JPG Phone call to C. Bell regarding declaration 0.40 $230.00 $92.00 Conference with Jeffrey P. Gallant CJC 0.30 $170.00 NO CHARGE regarding helping on fee petition E-mails, to, from, C. Bell regarding JPG 0.60 $230.00 $138.00 ceclaration E-mail to James Bopp, Jr. regarding Clayton JPG 0.20 $230.00 NO CHARGE J. Callen working on fee petition Review Ballard declaration, e-mail to her JPG 0.50 $230.00 $115.00 regarding same Review, annotate caselaw on fee petitions JPG regarding unsuccessful claims, 1.00 $230.00 $230.00 related/unrelated claims 4/5/2008 Work on outline for memorandum JPG 0.90 $230.00 $207.00 supporting fee petition JPG Review other fee petitions as models 0.60 $230.00 NO CHARGE JPG Research filing a fair estimate 0.60 $230.00 $138.00 Computer assisted legal research regarding JPG 0.50 $230.00 $115.00 fee petitions JPG Review Bell declaration 0.40 $230.00 $92.00 Research, outline related v. unrelated claims JPG 0.50 $230.00 $115.00 as per Review Schwartz Kirline regarding measuring extent of success in litigation for JPG 0.60 $230.00 $138.00 purposes of discounting for losing related claim and exercise of billing judgment Computer assisted legal research regarding JPG 9th Circuit, other circuits' approach to 0.50 $230.00 $115.00 measuring extent of success Apply billing judgment to prebill: devise and implement electronic search of records JPG 2.00 $230.00 $460.00 for excessive, unnecessary, or redundant hours (using filters) Devise and implement electronic search of JPG records for time spent on related but losing 0.50 $230.00 $115.00 claims 4/6/2008 Apply billing judgment to pre-bill markup of results of electronic search, adjusting pre- JPG 2.30 $230.00 $529.00 bill for excessive, unnecessary, or redundant hours 4/7/2008 Phone call from Raeanna S. Moore JPG 0.30 $230.00 NO CHARGE regarding handling losing claims Conference with Jeffrey P. Gallant CJC regarding local rules for filing good faith 0.40 $170.00 $68.00 estimate of attorneys' fees Conference with Jeffrey P. Gallant CJC 0.20 $170.00 $34.00 regarding billing statements Review 2003 9th Circuit opinion regarding JPG 0.40 $230.00 NO CHARGE division of claims E-mail to C. Bell, L. Olson regarding filing JPG 0.20 $230.00 NO CHARGE a good faith estimate in E.D. California Phone call to Maureen Price regarding JPG noticing the attorneys' fees motion, filing a 0.30 $230.00 $69.00 good faith estimate Analyze Preliminary Injunction brief for JPG division between non-prevailing and 1.20 $230.00 $276.00 prevailing/winning claims Outline approach to editing bill for losing JPG 0.20 $230.00 $46.00 claims E-mail Maureen Price regarding if need to JPG 0.20 $230.00 $46.00 notice a hearing filing a good faith estimate Phone call to Maureen Price regarding JPG notice of hearing for fee petition, get open 0.10 $230.00 $23.00 dates (left message) Phone call from Lance Olson regarding JPG 0.20 $230.00 $46.00 declaration: comparable Sacramento rates Reconcile billing statements by adjusting CJC for redundancy and breaking up blocked 5.60 $170.00 $952.00 billing Phone call to Raeanna S. Moore regarding JPG 0.10 $230.00 NO CHARGE handling losing claims E-mail to Tahnya Ballard regarding her JPG 0.20 $230.00 $46.00 declaration Work with Carole to accomplish pre-bill JPG adjustments: manipulate billing software; 0.80 $230.00 $184.00 answer questions regarding notations Have complaint and order dismissing counts JPG 0.10 $230.00 NO CHARGE copied for James Bopp, Jr. review Conference with Jeffrey P. Gallant JB regarding adjustments to pre-bil, how to 0.40 $385.00 $154.00 allow for unsuccessful claims Conference with James Bopp Jr. regarding JPG adjustments to prebill, how to allow for 0.40 $230.00 $92.00 unsuccessful claims Conference with Clayton J. Callen regarding JPG 0.40 $230.00 $92.00 adjusting pre-bill draft Review Federal Rules of Civil Procedure (d)(2) and Committee notes, Schwartz JPG 0.20 $230.00 $46.00 treatise, local rules regarding filing a good faith estimate 4/8/2008 Exercise billing judgment: edit billing JPG statement for unnecessary, excessive, 0.80 $230.00 $184.00 redundant charges Edit billing statement for unsuccessful JPG 3.10 $230.00 $713.00 independent expenditure claim JPG Review TDL many X 0.40 $230.00 NO CHARGE E-mail to, from Maureen Price regarding JPG 0.30 $230.00 $69.00 hearing date for caption and notice Work with Carole Bostrom on billing JPG 0.40 $230.00 $92.00 statement adjustments; answer questions Determine how much space was spent on independent expenditure claim in JPG 1.10 $230.00 $253.00 Preliminary Injunction memo, Summary Judgment memo for % markdown Reconcile billing statements for block CJC 3.10 $170.00 $527.00 billing and redundant entries Review documents for fee petition, billing CJC 0.80 $170.00 $136.00 rates and 9th Circuit decision JPG Work on James Bopp, Jr. declaration 0.60 $230.00 $138.00 Various e-mails to Clayton J. Callen JPG regarding caption, information on 0.80 $230.00 NO CHARGE declarants, needs for fee petition E-mail Lance Olson regarding expert CJC 0.20 $170.00 $34.00 declaration information Review e-mails from Lance Olson regarding CJC 0.30 $170.00 $51.00 expert declaration Conference with Jeffrey P. Gallant CJC regarding fee petition, declarations, timeline 0.50 $170.00 $85.00 and billing statements Check with Clayton J. Callen, Carole JPG 0.60 $230.00 NO CHARGE Bostrom regarding billing adjustments (3x) Update TDL; review rules for noticing a JPG 0.20 $230.00 $46.00 motion, calendar CJC Draft expert declaration for Lance Olson 0.90 $170.00 $153.00 E-mail to, from James Bopp, Jr. regarding JPG 0.20 $230.00 $46.00 rates for approval Draft e-mail to L. Woodlock, Attorney General office regarding opposition to JPG 0.30 $230.00 NO CHARGE motion, check rules, decide it is not necessary E-mail to, from C. Bell regarding JPG 0.50 $230.00 $115.00 information in declaration Draft and send e-mail to L. Olson, Clayton JPG J. Callen regarding information for 0.40 $230.00 $92.00 declaration required by LR 54-293 Create rate chart from experts' information JPG 0.40 $230.00 $92.00 and Altman Weil 4/9/2008 E-mail from Ballard with questions CJC 0.30 $170.00 $51.00 regarding declaration, respond with answers E-mails to, from J. Sweeney regarding JPG 0.60 $230.00 $138.00 declaration, billing statement CJC Edit draft of Bopp declaration 0.40 $170.00 $68.00 JPG Work on getting time into billing statements 0.80 $230.00 NO CHARGE JPG Exercise billing judgment 2.80 $230.00 $644.00 Conference with Jeffrey P. Gallant CJC 0.20 $170.00 $34.00 regarding Ballard and Bell declaration CJC Add exhibits to Olson declaration 0.60 $170.00 $102.00 CJC Edit Olson declaration 0.40 $170.00 $68.00 CJC Review local rules on signatures 0.20 $170.00 $34.00 Send draft declaration, survey information CJC 0.20 $170.00 $34.00 and proposed rates to Lance Olson Conference with Jeffrey P. Gallant CJC regarding Olson declaration edits and other 0.30 $170.00 NO CHARGE declarations (2x) Multiple e-mails and exchanging of drafts CJC with lance Olson regarding declaration, 1.00 $170.00 $170.00 finalize declaration E-mails to and from T. Ballard regarding CJC declaration, edit draft declaration, and send 1.30 $170.00 $221.00 to her Draft declaration for Chuck Bell and CJC correspond with him via e-mail regarding 1.20 $170.00 $204.00 same Review local rules on orders, exhaustive JPG 0.20 $230.00 $46.00 materials Various conferences, e-mails with Clayton JPG J. Callen regarding declarations, filing 1.50 $230.00 NO CHARGE needs, etc. JPG Prepare motion, proposed order 1.10 $230.00 $253.00 E-mail from court regarding Goldstein JPG appearance, add to e-mail list of opposing 0.20 $230.00 $46.00 counsel JPG Compare, finalize prevailing market rate 0.60 $230.00 $138.00 Check declarations for required criteria as JPG 0.50 $230.00 $115.00 per LR 54-293 JPG Review Olson declaration 0.30 $230.00 $69.00 4/10/2008 CJC Draft notice of motion 0.70 $170.00 $119.00 CJC Finalize drafts of Ballard's declaration 0.90 $170.00 $153.00 Revise, reformat, and send Chuck Bell new CJC 1.10 $170.00 $187.00 draft of declaration CJC Review local rules for filing motion 0.20 $170.00 $34.00 CJC Final filing preparations 2.10 $170.00 $357.00 Various conferences with Clayton J. Callen JPG 0.60 $230.00 $138.00 regarding declarations, filing needs, etc. Phone call to clerk regarding noticing the CJC 0.20 $170.00 $34.00 motion (2x) Conference with Jeffrey P. Gallant CJC regarding declarations, rates, division of 0.20 $170.00 $34.00 time spent on 9th Circuit brief JPG Work on getting time into billing statements 4.40 $230.00 NO CHARGE JPG Outline memo 0.40 $230.00 $92.00 JPG Work on declaration of James Bopp, Jr. 0.90 $230.00 $207.00 Exercise billing judgment for unsuccessful JPG 1.10 $230.00 $253.00 claims Review J. Sweeney declaration, billing JPG 0.20 $230.00 $46.00 statement E-mail to, from, J. Sweeney regarding JPG 0.20 $230.00 $46.00 declaration, billing statement Adjust expenses/costs for partial success, JPG 0.40 $230.00 $92.00 reasonable time Conference with Carole Bostrom — answer JPG 0.40 $230.00 $92.00 questions regarding billing adjustments Conference with Jeffrey P. Gallant JB 0.10 $385.00 $38.50 regarding local counsel declaration, rates Conference with James Bopp Jr. regarding JPG 0.10 $230.00 $23.00 local counsel declaration, rates Conference with Clayton J. Callen regarding JPG declarations, rates, division of time spent on 0.20 $230.00 $46.00 9th Circuit brief Go over TDL with Clayton J. Callen; JPG 0.50 $230.00 NO CHARGE revamp and update tdl 4/11/2008 CJC Draft proposed order 0.30 $170.00 $51.00 CJC Finalize all declarations 1.30 $170.00 $221.00 CJC Add total discounted time 0.60 $170.00 NO CHARGE CJC Proofread fee petition memo 0.80 $170.00 $136.00 CJC Finalize all documents and prepare for filing 2.10 $170.00 $357.00 Assist Jeffrey P. Gallant in filing all CJC 1.80 $170.00 NO CHARGE documents Multiple conferences with Jeffrey P. Gallant CJC 0.50 $170.00 $85.00 regarding filing preparations Conferences with Clayton J. Callen JPG 0.50 $230.00 $115.00 regarding filing preparations JPG File all documents 0.80 $230.00 $184.00 CJC Finalize all declarations 1.00 $170.00 NO CHARGE CJC Finalize all documents and prepare for filing 3.00 $170.00 NO CHARGE JPG File all documents 1.00 $230.00 NO CHARGE 4/13/2008 Check transaction log for evidence of attempted filing of Sweeney Declaration, JPG 0.40 $230.00 NO CHARGE cross Notices of Electronic Filing with transaction log 4/14/2008 Conference with James Bopp, Jr. regarding JPG 0.30 $230.00 $69.00 fee petition filing Review local rules regarding courtesy JPG 0.30 $230.00 NO CHARGE copies E-mail from, to M. Price regarding courtesy JPG 0.20 $230.00 $46.00 copies JPG Work on preparing courtesy copies 0.40 $230.00 $92.00 JPG Work on preparing courtesy copies 0.60 $230.00 NO CHARGE Conference with Jeffrey P. Gallant JB 0.30 $385.00 $115.50 regarding fee petition filing JPG E-mail from, to ECF help desk 0.30 $230.00 NO CHARGE JPG E-mail from, to T. Ballard regarding filing 0.20 $230.00 $46.00 Review local ECF rule regarding procedure JPG 0.40 $230.00 NO CHARGE for sender system failure 4/15/2008 File billing statement adjustments, questions JPG 0.30 $230.00 NO CHARGE from C regarding FedEx Bill 4/16/2008 JPG File e-mail 0.10 $230.00 NO CHARGE 4/28/2008 Review, outline Defense's objections to JPG 0.60 $230.00 $138.00 costs, annotate cases therin Research regarding costs under Section JPG 0.60 $230.00 NO CHARGE 1920 v. expenses under Section 1988 Conference with James Bopp, Jr. regarding JPG 0.10 $230.00 $23.00 Defense's objections to costs Conference with Clayton J. Callen regarding JPG getting cases in Defense's objections, 0.30 $230.00 $69.00 possible responses JPG Check local rules to calendar response 0.20 $230.00 $46.00 Review memo from Clayton J. Callen JPG 0.20 $230.00 $46.00 regarding major points for response Research on 1920 and 1988 costs and fees CJC 1.00 $170.00 $170.00 for response to objection CJC Begin drafting language regarding 1920 fees 0.50 $170.00 $85.00 Conference with Jeffrey P. Gallant JB 0.10 $385.00 $38.50 regarding defense's objections to costs Conference with Jeffrey P. Gallant CJC regarding getting cases in Defense's 0.30 $170.00 $51.00 objections, possible responses 4/29/2008 Review Clayton J. Callen memo regarding JPG 0.10 $230.00 $23.00 1920 fees (answer to objections) 5/2/2008 Phone call to M. Price regarding answer to JPG 0.20 $230.00 $46.00 objection to request for costs JPG Work on response to objections 2.00 $230.00 $460.00 JPG Work on response to objections 0.80 $230.00 NO CHARGE 5/5/2008 JPG Work on answer to objections 1.00 $230.00 $230.00 JPG Work on answer to objections 0.70 $230.00 NO CHARGE 5/6/2008 Computer assisted legal research regarding JPG 0.30 $230.00 $69.00 costs vs. expenses JPG Work on answer to objections 1.00 $230.00 $230.00 Download, briefly review Opposition to Fee JPG 0.20 $230.00 $46.00 Petition Computer assisted legal research regarding JPG 0.20 $230.00 $46.00 costs taxable under Rule 39 JPG Work on answer to objections 3.00 $230.00 NO CHARGE 5/7/2008 Conference with Jeffrey P. Gallant JB 0.20 $385.00 $77.00 regarding hearing in fee petition JPG Work on answer to objections — e-file 1.00 $230.00 $230.00 Conference with James Bopp, Jr. regarding JPG 0.20 $230.00 $46.00 hearing date for fee petition E-mails to, from L. Woodlock, Seth JPG 0.60 $230.00 NO CHARGE Goldstein regarding continuance Computer assisted legal research regarding JPG 0.30 $230.00 $69.00 taxable costs Computer assisted legal research — download JPG 0.10 $230.00 $23.00 case cited in objections Download reformatted opposition to fee JPG 0.10 $230.00 $23.00 petition JPG Work on answer to objections — e-file 1.00 $230.00 NO CHARGE 5/8/2008 Conference with James Bopp, Jr. regarding JPG 0.10 $230.00 $23.00 reply Computer assisted legal research cases on JPG 0.10 $230.00 $23.00 reasonable rates JPG Review, annotate opposition to fee petition 0.80 $230.00 $184.00 E-mail to, from L. Woodlock regarding JPG 0.40 $230.00 $92.00 continuance Review local rule regarding intervening JPG 0.20 $230.00 $46.00 motions JPG Draft reply 2.60 $230.00 $598.00 Conference with Jeffrey P. Gallant JB 0.10 $385.00 $38.50 regarding reply 5/9/2008 Computer assisted legal research regarding JPG 1.00 $230.00 $230.00 reasonable rates, current JPG Draft reply: current market rates 2.00 $230.00 $460.00 JPG Read, annotate cases 0.40 $230.00 $92.00 JPG Draft reply: current market rates 2.00 $230.00 NO CHARGE 5/10/2008 JPG Work on reply; research 1.00 $230.00 $230.00 JPG Work on reply; research 2.20 $230.00 NO CHARGE 5/12/2008 E-mail from, to J. Sweeney regarding fee JPG 0.40 $230.00 $92.00 petition, declaration Computer assisted legal research regarding prevailing local rates, applying present JPG 1.00 $230.00 $230.00 experience levels in applying current billing rates JPG Draft reply: current rates, prevailing rate 2.00 $230.00 $460.00 Computer assisted legal research regarding JPG 0.50 $230.00 $115.00 experience levels/rates JPG Draft reply: current rates, prevailing rate 2.80 $230.00 NO CHARGE 5/13/2008 Acquired cases, saved and printed for fee CJC 0.50 $170.00 $85.00 petition reply brief Conference with Jeffrey P. Gallant CJC regarding fee petition; arguments regarding 0.20 $170.00 $34.00 time value of money and inflation Research and develop arguments regarding CJC 1.00 $170.00 $170.00 "costs on appeal" for fee petition reply JPG E-mail to L. Olson regarding billing rates 0.20 $230.00 $46.00 E-mail to, from opposing counsel regarding JPG 3.00 $230.00 $690.00 continuance; work on reply Conference with Clayton J. Callen regarding JPG fee petition; arguments regarding time value 0.20 $230.00 $46.00 ofmoney and inflation E-mail to, from opposing counsel regarding JPG 2.50 $230.00 NO CHARGE continuance; work on reply 5/14/2008 Research and draft thoughts regarding costs CJC 1.00 $170.00 $170.00 on appeal for fee petition reply brief E-mail to, from T. Ballard regarding JPG 0.30 $230.00 $69.00 declaration E-mail from, to, L. Olson regarding billing JPG 0.20 $230.00 $46.00 rates Finalize, format, file stipulated motion and JPG 0.80 $230.00 $184.00 order for continuance E-mail from, to J. Sweeney regarding JPG 0.40 $230.00 $92.00 declaration Computer assisted legal research: research, JPG download prevailing market rates, cases 0.60 $230.00 $138.00 cited by opposition Computer assisted legal research case on JPG 0.10 $230.00 $23.00 rates JPG Work on reply 3.00 $230.00 $690.00 JPG Work on reply 3.00 $230.00 NO CHARGE 5/15/2008 Download, save stipulation and order JPG 0.10 $230.00 $23.00 continuing hearing Computer assisted legal research regarding JPG 0.10 $230.00 $23.00 related/unrelated claims JPG Read cases, work on reply 6.00 $230.00 $1,380.00 JPG Read cases, work on reply 4.00 $230.00 NO CHARGE 5/16/2008 Work on reply, read cases, computer JPG assisted legal research — related/unrelated 3.00 $230.00 $690.00 claims, degree of success JPG Draft declaration 0.30 $230.00 $69.00 Work on reply, read cases, computer JPG assisted legal research — related/unrelated 2.00 $230.00 NO CHARGE claims, degree of success 11/29/2007 Cost advanced for FedEx to Clerk of 9th RSM Circuit Court of Appeals, San Francisco, $20.39 $20.39 CA 12/19/2007 Cost advanced for long distance phone JB charges from Matrix phone bill for 11/20/07 $0.68 $0.68 — 12/20/07 1/2/2008 Cost advanced for WestLaw computer assisted legal research cases regarding timeliness of fee petitions where fees are for JPG work in court of appeals and district court; $3.00 $51.00 research cases where fee petitions are for work done in court of appeals and district court 1/20/2008 Cost advanced for long distance phone JB charges from Matrix phone bill for 12/20/07 $1.70 $1.70 — 1/20/08 3/19/2008 Cost advanced for WestLaw computer CJC assisted legal research on fee petitions in $3.00 $315.00 9th Circuit — print cases 3/20/2008 Cost advanced for long distance phone JB charges from Matrix phone bill for 2/20/08 — $0.24 $0.24 3/20/08 3/27/2008 Cost advanced for scanning of Appellee's JPG $22.00 $22.00 Response Brief to CD by The Paper Chase Cost advanced for scanning of 6 documents JPG to CD by The Paper Chase for expert review $111.30 $111.30 for declaration 3/28/2008 Cost advanced for scanning of other JPG $42.75 $42.75 documents to CDs by The Paper Chase 4/3/2008 Cost advanced for WestLaw computer JPG assisted legal research cases on $3.00 $27.00 related/unrelated claims 4/5/2008 Cost advanced for WestLaw computer JPG assisted legal research authority for $3.00 $90.00 determining "degree of success" 4/7/2008 Cost advanced for photocopies [58pgs] JB $0.25 $14.50 order dismissing and complaint 4/11/2008 Cost advanced for WestLaw computer CJC $3.00 $3.00 assisted legal research — cite check 4/11/2008 Cost advanced for WestLaw computera JPG ssisted legal research — look for District $3.00 $3.00 court opinion Cost advanced for WestLaw computera JPG $3.00 $6.00 ssisted legal research — 9th Circuit order 4/14/2008 Cost advanced for FedEx to Maureen Price, JPG $59.99 $59.99 U. S. District Court, Sacramento, CA 4/21/2008 Cost advanced for long distance phone JB charges from Matrix phone bill for 3/20/08 — $7.91 $7.91 4/20/08 4/28/2008 Cost advanced for WestLaw computera CJC ssisted legal research on 1920 costs v. 1988 $3.00 $327.00 fees 5/6/2008 Cost advanced for WestLaw computera ssisted legal research of response to objections — research "expenses" under JPG $3.00 NO CHARGE Section 1988 vs. cost "taxable" under Section 1920 and any "overlap;" research taxable costs in 9th Circuit Court of Appeals 5/7/2008 Cost advanced for WestLaw computer JPG ssisted legal research — download copy of $3.00 $126.00 Harris: untimely bill of costs 5/8/2008 Cost advanced for WestLaw computera JPG ssisted legal research current rates vs. $3.00 NO CHARGE current rates for current experience 5/9/2008 Cost advanced for WestLaw computera JPG ssisted legal research caselaw on whether $3.00 $207.00 current rates include current experience 5/12/2008 Cost advanced for WestLaw computera ssisted legal research response to objections JPG $3.00 $108.00 research current rates vs. current experience cases Cost advanced for WestLaw computera ssisted legal research response to objections JPG $3.00 NO CHARGE research current rates vs. current experience cases Cost advanced for WestLaw computera JPG ssisted legal research — download cases on $3.00 NO CHARGE use of current rates in fees and awards 5/13/2008 Cost advanced for WestLaw computera CJC ssisted legal research on "costs" and 1988, $3.00 $135.00 Rule 39 for reply 5/14/2008 Cost advanced for WestLaw computera ssisted legal research cases cited by CA in JPG $3.00 $171.00 support of its rates; research regarding market rates Cost advanced for WestLaw computera CJC ssisted legal research costs on appeal for $3.00 $165.00 brief 5/15/2008 Cost advanced for WestLaw computera ssisted legal research — look up cite from JPG $3.00 $12.00 Schwartz regarding time spent responding to defendants; download cited opposition