Free Memorandum - District Court of Arizona - Arizona

Case 2:04-cv-00289-IVIHIVI Document 111-4 Filed 10/30/2006 Pege 1 013

_ AFFIDAVIT OF STEPHEN G. MONTOYA
STATE OF ARIZONA ) ‘
)ss _
County of Maricopa ) ;
Stephen G. Montoya, being first duly sworn upon his oath, deposes as follows: E
1. I am an attorney duly licensed to practice law in the State of Arizona;
2. I represent Monica Ortega—Guerin in Ortega—Guerin vs. City of Phoenix, Frank Favela,
and Frank Peralta, No. CIV 04-0289—Pl·lX—Ml-IM;
3. I am a 1987 graduate of Yale Law School; ‘
4. I was admitted to the practice of law by the Supreme Court of Arizona in 1988
and have been practicing law in Phoenix, Arizona since that time.
5. I am also admitted to practice before the United States District Court for the
_ District of Arizona, the United States Court of Appeals for the Ninth Circuit, and r
the Supreme Court of the United States and have practiced before all three of ·
these courts; j
6. Since being admitted to the practice of law in Arizona, I have focused my
professional efforts on representing plaintiffs in federal civil rights litigation;
7. In order to preclude any potential or actual conflicts of interest, I have elected to
represent only plaintiffs in civil rights litigation and routinely refuse to represent
defendants in civil rights cases notwithstanding the merits ofthe deferidant’s case;
8. At least one—fourth of my practice since 1995 has consisted of rendering pro
bono legal services to the poor and working poor;
9. The attorney time sheets submitted with this Application were kept by me in the
ordinary course of my law practice;
10. I have carefully reviewed and revised the time sheets to exclude any time that I
thoughtwas not related to representing Ms. Ortega-Guerin, any time that was not
reasonable to charge a client, and any time that l thought was not customarily
charged to a client paying an attorney on an hourly basis in this jurisdiction;
11. Based on my eighteen years of experience in practicing law in Phoenix, I am very
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familiar with the customary billing practices of attorneys and law firms in Phoenix, _
Arizona;
12. l have carefully reviewed Ms. Ortega-Guerin's Memorandum in Support of his
Motion for an Award of Attorney Fees, including all of the attachments thereto, ;
and all factual statements contained therein are true and correct to the best of my ,
knowledge; Q
13. I believe that both the 250.75 hours that l expended in representing Ms. Ortega-
Guerin in connection with this lawsuit and my hourly rate of $275.00 are g
reasonable and customary for lawyers of my age and experience litigating similar ·
cases in this jurisdiction;
14. I believe that this Application is especially reasonable given the fact that most .
lawyers with my level of experience at large law firms in this jurisdiction charge
between $300.00 to $350.00 per hour, and this Application does g request
reimbursement for co ying charges, fax charge , messenger service charges,
or postage costs. ` ‘
2 ephe . Montoya _./- ,
SUBSCRIBED AND SWORN to before me this gay of October 2006.
Notaré Public
WH lll ;
iQj·:;g;y‘Z} Hatarylulc-Ilhmn
Mammary
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