Free Declaration in Support - District Court of California - California

Case 3:07-cv-04936-CRB

Document 51-3

Filed 03/07/2008

Page 1 of 2

EXHIBIT 2 Summary of Time Spent on APRI v. EPA et. al, No. 07-4936 (N.D. Cal.) Since December 14, 2007 Date 12/14/2007 12/18/2007 12/19/2007 Time Spent 1.25 0.75 0.75 Task(s) Review first amended complaint; discuss same with B. Bunger; telephone call re same with W. Sanders. Revised stipulation extending time to respond to complaint to reflect filing of First Amended Complaint; email correspondence re same with counsel for other parties. Revised stipulation for continuance of initial CMC to reflect filing of First Amended Complaint; email correspondence re same with counsel for other parties; attend to filing of stipulation extending time to respond to complaint. Attend to filing of stipulation for continuance of initial CMC. Reviewed recording of SF Pub. Util. Comm. Hearing on SF Elec. Reliability Project, including testimony of District Engineer B. Young and plaintiffs' attorney J. Arce; reviewed notification of filing from District Court. Emailed and telephone call to P. Tonglao re status of service & time for response, and re strategy for filing motions to dismiss. Email correspondence with J. Arce re status of service of complaint; calendared dates for response per same. Meet with B. Lusher re District testimony at hearing on SF Elec. Reliability Project; attend hearing re same. Research re amount of attorney fees recoverable as sanctions, research re reasonable attorney billing rates for complex environmental cases in the San Francisco area. Outline First Amended Complaint and arguments therein; draft outline of motion to strike and motion to dismiss. Research California public nuisance case law as applicable to government permit agencies; email co-counsel re timing of filing and hearing motions to dismiss. Work on drafting motion to strike/dismiss First Amended Complaint; research caselaw on federal administrative mandamus. Further work on drafting motion to strike/dismiss First Amended Complaint; further research re mandamus. Research caselaw on APA relief against state agencies; research standards for injunction against agency under APA; further work on drafting motion to strike/dismiss; email correspondence with other defense counsel re useful authorities to cite in motions. Research caselaw on standards for Rule 11 sanctions; work on drafting sanctions motion; email and telephone conversations with other defense counsel re public nuisance claims. Research relief available under Rule 11; review procedural requirements for Rule 11 motions; further work on drafting Rule 11 motion for sanctions.

12/20/2007 12/26/2007

0.25 0.5

12/28/2007 1/2/2008 1/28/2008 1/30/2008 1/31/2008 2/4/2008 2/5/2008 2/6/2008 2/7/2008

0.25 0.25 5.25 2 3.5 6 4.25 5 6.5

2/8/2008 2/11/2008

6.75 5.75

Case 3:07-cv-04936-CRB

Document 51-3

Filed 03/07/2008

Page 2 of 2

2/12/2008 2/13/2008

6 4.5

2/14/2008

7.25

2/15/2008

5.25

Further work on drafting motion for sanctions; review local rules and judge's standing order re filing requirements. Further work on drafting motion for sanctions; work with C. Forbush re assembling documents for request for judicial notice; draft request for judicial notice; draft Crockett declaration in support of motion for sanctions; email and telephone communications with other defense counsel re dates for filing and hearing motions. Edit and revise motion for sanctions and supporting documents; telephone call and email correspondence with W. Sanders re potential additional arguments for motions to dismiss; draft resume for exhibit for Crockett declaration. Final review and edits to motion for sanctions; proofread and citecheck same; proofread and finalize Request for Judicial Notice; proofread and finalize Declaration in support of sanctions motion; attend to filing of same.

TOTAL:

72 hours