Declaration of Darcie Tilly - Lopez

Case 2:13-cv-03972-JAK-PLA Document 99-7 Filed 12/17/14 Page 1 of 6 Page ID #:1779
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DAVID LOY (SBN 229235)
([email protected]usandiego.org)
SEAN RIORDAN (SBN 255752)
([email protected])
GABRIELA RIVERA (SBN 283633)
([email protected])
MITRA EBADOLAHI (SBN 275157)
([email protected])
ACLU FOUNDATION OF SAN DIEGO &
IMPERIAL COUNTIES
P.O. Box 87131
San Diego, CA 92138-7131
Phone: (619) 398-4485
Fax: (619) 232-0036
ANTHONY STIEGLER (SBN 126414)
([email protected])
DARCIE TILLY (SBN 239715)
([email protected])
COOLEY LLP
4401 Eastgate Mall
San Diego, CA 92121-1909
Phone: (858) 550-6035
Fax: (858) 550-6420
Counsel for PLAINTIFFS
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UNITED STATES DISTRICT COURT
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CENTRAL DISTRICT OF CALIFORNIA
ISIDORA LOPEZ-VENEGAS, et al.,
Plaintiffs,
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v.
JEH JOHNSON, et al.,
Defendants.
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No. CV 13-03972-JAK (PLAx)
DECLARATION OF DARCIE
TILLY IN SUPPORT OF MOTION
FOR ATTORNEYS’ FEES
Hearing Date: February 9, 2015
Hearing Time: 8:30 a.m.
Judge: Hon. John A. Kronstadt
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CV 13-03972-JAK (PLAx)
TILLY DECL. I/S/O MOT. FOR FEES
Case 2:13-cv-03972-JAK-PLA Document 99-7 Filed 12/17/14 Page 2 of 6 Page ID #:1780
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I, Darcie Tilly, declare as follows:
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I am a member of the State Bar of California and am an associate at
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the law firm of Cooley LLP. I am resident in the firm’s San Diego office and have
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been a member of the firm’s litigation department since 2005. Unless otherwise
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specified, I have personal knowledge of the facts in this declaration and can testify
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competently to them if called as a witness.
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Procedural History of Settlement
2.
On April 10, 2014, in an effort to reach a resolution of the Action, the
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parties and representatives of the parties attended an in-person settlement
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conference before Magistrate Judge Paul L. Abrams. The parties arrived at the
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settlement conference having provided Judge Abrams with extensive briefing on
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their respective litigation and settlement positions. Over the course of that day, the
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parties engaged in productive arms’-length negotiations but were unfortunately
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unable to reach a settlement.
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3.
The parties and representatives of the parties thereafter participated in
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additional in-person settlement conferences before Judge Abrams on April 25,
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2014, and May 23, 2014.
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additional telephonic and video discussions between counsel for the parties,
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resulted in the parties tentatively agreeing to settlement terms. After reaching an
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agreement in principle on the vast majority of the settlement terms, the parties
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thereafter negotiated the attorneys’ fee portion of the settlement agreement and
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attended an additional settlement conference before Judge Abrams on June 10,
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2014 to address this and the few other remaining issues.
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4.
These later settlement conferences, combined with
Following the June 10, 2014 settlement conference, the parties
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completed their exchange of drafts of a written agreement. Thereafter, the parties
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executed the settlement agreement.
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CV 13-03972-JAK (PLAx)
1.
TILLY DECL. I/S/O MOT. FOR FEES
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5.
settlement preliminarily approved by the Court involved complex legal and
logistical issues that required a significant commitment of time. The majority of
the named plaintiffs attended each of the first three mediations. Thus, attorneys
were needed to help communicate with all of them in order to seek their guidance
and input as class representatives.
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Further, attorneys with specialization in
immigration law were needed to help craft the class definition and class relief. And
attorneys with class action expertise were needed to help craft issues related to the
class relief and notice. Further, drafting the settlement agreement was a timeintensive project given that the parties had to agree upon, among other things, a
procedure for persons to return to the country without negatively impacting this
country’s national security priorities and procedures to review decisions to deny
persons entrance into the country.
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The negotiations necessary to reach the comprehensive class
Background on Cooley Attorneys Working on Action
6.
I, and the following Cooley attorneys (current and former), have
personally been involved in the prosecution of this Action prior to filing the
Complaint and through to the present: Brandon Batt, Lindsay Chapman, Peter
Dahlquist, Neal Gibeault, Kevin Henderson, Matt Krengel, Michael Nieto, Leo
Norton, Jose Rodriguez, Anthony Stiegler, Craig TenBroeck, Neda Weems, and
Blake Zollar. The firm biographies of the Cooley attorneys working on this Action
are attached as Exhibit A.
Under the direction of Anthony Stiegler, I have
supervised the work of other Cooley LLP lawyers and paralegals working on this
case since its inception.
7.
I am aware that Mr. Stiegler is a partner in the San Diego office of
Cooley LLP. Mr. Stiegler has been practicing law for approximately 32 years, is a
member of the State Bar of California and as detailed by his firm biography is a
well-respected veteran trial attorney.
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CV 13-03972-JAK (PLAx)
2.
TILLY DECL. I/S/O MOT. FOR FEES
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8.
I am aware that Mr. Stiegler has litigated numerous complex civil
rights cases, including cutting-edge cases on behalf of immigrants. For instance,
Cooley LLP (led by Mr. Stiegler) were co-counsel with ACLUF-SDIC in the
lawsuit against the City of Escondido mentioned above that would have prohibited
landlords from renting to undocumented immigrants and the two complex cases –
one a certified class action (concerning overcrowding) and the other a putative class
action (concerning medical care) – on behalf of immigration detainees in ICE
custody also mentioned above.
9.
As noted, above, I am a litigation associate in the San Diego office of
Cooley LLP. A significant portion of my practice relates to litigating class actions.
Since 2011, I have served as counsel of record for the defense in the following
putative class actions, among others, that are or were pending in various federal
courts: Anderson-Butler v. Charming Charlie, Inc., 14-cv-01921-WBS-AC (E.D.
Cal. 2014); Staveley v. Express Fashion Apparel, LLC, 14-cv-05258-DMG-SH
(C.D. Cal. 2014); Haghayeghi v. Guess ?, Inc., 14-cv-00020 (S.D. Cal. 2014);
Atebar v. Hawthorne Labs, Inc., 14-cv-01285-PSG (N.D. Cal. 2014); Alcarion v.
Charlotte Russe, Inc., 13-cv-01176-DMS-NLS (S.D. Cal. 2014); Rahimi v.
Nintendo of America Inc.,12-cv-06351-THE (N.D. Cal. 2013); Murray v. Time Inc.,
Case No. 12-cv-00431-JSW (N.D. Cal. 2012); King v. Conde Nast Publications,
12-cv-00719-GHK-E (C.D. Cal. 2012); Miller v. Hearst Communications Inc., 12cv-00733-GHK-PLA (C.D. Cal. 2012); Foos v. Ann, Inc., 11-cv-02794-L-MDD
(S.D. Cal. 2011); In re LivingSocial Marketing & Sales Practices Litig., 11-mc00472-ESH (D.D.C. 2011); Farrell v. OpenTable, Inc., 11-cv-01785-SI (N.D. Cal.
2011); and Golba v. DSW Inc., 11-cv-06615-SJO –CW (C.D. Cal. 2011). I also
have civil rights experience, including Rosado v. Alameida, 03-cv-01110-J-POR
(S.D. Cal. 2003).
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TILLY DECL. I/S/O MOT. FOR FEES
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Summary of Time Records
10.
It is the practice of the attorneys and paralegals at Cooley LLP to keep
track of their time through the use of a computer billing program that makes
contemporaneous timekeeping records. Pursuant to the Court’s instructions, the
description of work done was categorized by “task” for purposes of this motion. A
spreadsheet listing the time spent by day by each attorney working on this matter,
with the description of work noted by “task” is attached as Exhibit B.
11.
The amount of time Cooley LLP is utilizing to support the
reasonableness of the parties’ agreed upon fees is reflected in the summary chart
attached as Exhibit C.
12.
Time spent related to the organizational plaintiffs’ claims, and the
claims of the individual plaintiffs who were not class representatives, benefited the
class claims. For instance, evidence related to those claims overlapped with issues
relevant to class certification (e.g., numerosity, commonality, and Defendants’
actions or refusals to act on grounds that apply generally to the class).
13.
In determining the number of hours for which Cooley LLP would
utilize to support the reasonableness of the fee request (Exhibit C), we reduced the
work for which we seek compensation in several ways to ensure that the ultimate
claimed amount was reasonable. While my co-counsel and I have taken special
care to avoid duplicative work by dividing tasks and issues to the extent possible,
for the purposes of this motion the following time entries were not included in
Exhibit C.
First, we eliminated all time expended by Mr. Gibeault and Mr.
Henderson. Second, we did not seek compensation for any the time that was blockbilled in the daily records. Third, we did not include any time spent by paralegals,
other support staff, or by law students who participated in our summer program.
The above resulted in over 350 hours being not included in Exhibit C. However,
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TILLY DECL. I/S/O MOT. FOR FEES
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