Case 2:17-cv-00094-RAJ Document 143 Filed 03/29/18 Page 1 of 12 1 THE HONORABLE RICHARD A. JONES 2 3 4 5 6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ABDIQAFAR WAGAFE, et al., on behalf of themselves and others similarly situated, Plaintiffs, v. DONALD TRUMP, President of the United States, et al., Defendants. No. 2:17-cv-00094-RAJ DECLARATION OF SAMEER AHMED IN SUPPORT OF PLAINTIFFS’ MOTION FOR SANCTIONS Case 2:17-cv-00094-RAJ Document 143 Filed 03/29/18 Page 2 of 12 1 I, Sameer Ahmed, declare as follows: 2 1. I am an attorney at law, admitted in the State of California and currently 3 employed by the ACLU Foundation of Southern California as a Staff Attorney. I am counsel for 4 Plaintiffs in this case. I have personal knowledge of the facts set forth herein and am competent 5 to testify thereto. 6 2. I am a 2009 graduate of the Yale Law School and currently a staff attorney at the 7 ACLU Foundation of Southern California specializing in immigrants’ rights litigation and policy 8 advocacy. Prior to joining the ACLU, I served as a senior litigation associate at WilmerHale in 9 Boston. Previously, I was awarded the Skadden Fellowship and served as a staff attorney at the 10 Asian American Legal Defense and Education Fund (AALDEF) in New York City, where I 11 litigated a variety of federal civil rights and immigration cases. I have also served as a law clerk 12 to Judge Kermit V. Lipez of the United States Court of Appeals for the First Circuit and to Chief 13 Judge Patti B. Saris of the District of Massachusetts. 14 3. My colleague Jennifer Pasquarella is also counsel for Plaintiffs in this case. She 15 is a 2006 graduate of the Georgetown University Law Center, where she received a certificate in 16 refugee and humanitarian emergencies and was a Public Interest Law Scholar. She currently 17 services as the director of immigrants’ rights for the ACLU of California and a senior staff 18 attorney at the ACLU Foundation of Southern California. She has worked at the ACLU 19 Foundation of Southern California since 2008. Prior to joining the ACLU Foundation of 20 Southern California, she was a legal fellow/staff attorney at the Center for Reproductive Rights 21 and the ACLU Women’s Rights Project, both in New York. 22 4. Ms. Pasquarella and I have each recorded our time contemporaneously for this 23 matter. Staff at the ACLU Foundation of Southern California may use one of two timekeeping 24 programs: Sage Timeslips Premium or Toggl. Ms. Pasquarella uses Sage Timeslips Premium, 25 and I use Toggl. 26 Case 2:17-cv-00094-RAJ Document 143 Filed 03/29/18 Page 3 of 12 1 5. Attached as Exhibit A to this declaration is a true and correct copy of the 2 timesheet of Ms. Pasquarella for the work performed on the issues for which we are seeking 3 attorneys’ fees with Plaintiffs’ motion for sanctions. 4 6. Attached as Exhibit B to this declaration is a true and correct copy of my 5 timesheet for the work performed on the issues for which we are seeking attorneys’ fees with 6 Plaintiffs’ motion for sanctions. 7 7. As supported by the Declaration of Carol Sobel, the hourly rate of the work 8 performed is $676.85 for 2018 and $646.64 for 2017 for Ms. Pasquarella and $600.38 for 2018 9 and $573.95 for 2017 for me, based on our year of graduation, and the market rates for Seattle, 10 11 12 13 14 15 16 17 18 19 20 21 Washington. 8. Below is a chart that details the attorneys’ fees that we are seeking with Plaintiffs’ motion for sanctions, broken up by category. The total value of our work is $37,756.97. GRAND GRAND Jennifer Sameer Ahmed TOTAL TOTAL Pasquarella HOURS AMOUNT Cost Category 9.05 Hours x 7.51 Hours x 16.56 Hours $10,050.52 #1 – Plaintiffs’ $573.95 Rate $646.64 Rate Motion to Compel $5,194.25 $4,856.27 (Sept/Oct 2017) Cost Category 1.80 Hours x 1.00 Hour x 2.80 Hours $1,679.75 #2 – Defendants’ $573.95 Rate $646.64 Rate Motion to Reconsider (Nov $1,033.11 $646.64 2017) Cost Category 1.22 Hours x 2.00 Hours x 7.58 Hours $4,790.10 #3 – Executive $573.95 Rate $646.64 Rate Order Discovery (Nov 2017 – Jan 2.02 Hours x 2.34 Hours x 2018) $600.38 Rate $676.85 Rate 22 23 24 25 26 Cost Category #4 – Production Timeline (Dec 2017 – Jan 2018) $1,912.99 $2,877.11 1.32 Hours x $600.38 Rate 1.00 Hours x $646.64 Rate $792.50 3.17 Hours x $676.85 Rate $2,792.25 5.49 Hours $3,584.75 Case 2:17-cv-00094-RAJ Document 143 Filed 03/29/18 Page 4 of 12 1 2 3 4 5 Cost Category #5 – Court Conferences & Follow-up (Feb – Mar 2018) 24.70 Hours x $600.38 Rate 4.17 Hours x $676.85 Rate $14,829.39 $2,822.46 TOTAL $23,762.24 $13,994.73 28.87 Hours $17,651.85 61.30 Hours $37,756.97 6 7 I declare under penalty of perjury that the foregoing is true and correct. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 DATED this 27th day of March, 2018, at Los Angeles, CA. /s/ Sameer Ahmed Sameer Ahmed Case 2:17-cv-00094-RAJ Document 143 Filed 03/29/18 Page 5 of 12 1 2 3 4 5 6 CERTIFICATE OF SERVICE The undersigned certifies that on the dated indicated below, I caused service of the foregoing DECLARATION OF SAMEER AHMED IN SUPPORT OF PLAINTIFFS’ MOTION FOR SANCTIONS via the CM/ECF system that will automatically send notice of such filing to all counsel of record herein. DATED this 29th day of March, 2018, at Seattle, Washington. 7 8 By: s/ Laura K. Hennessey Laura K. Hennessey, #47447 Attorneys for Plaintiffs Perkins Coie LLP 1201 Third Avenue, Suite 4900 Seattle, WA 98101-3099 Telephone: 206.359.8000 Facsimile: 206.359.9000 Email: LHennessey@perkinscoie.com 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 CERTIFICATE OF SERVICE (No. 17-cv-00094 RAJ) – 1 139100138.2 Perkins Coie LLP 1201 Third Avenue, Suite 4900 Seattle, WA 98101-3099 Phone: 206.35.8000 Fax: 206.359.9000 Case Document 143 Filed 03/29/18 Page 6 of 12 Exhibit A Case 2:17-cv-00094-RAJ Document 143 Filed 03/29/18 Page 7 of 12 3/27/2018 11:19 AM ACLU of Southern California Pre-bill Worksheet Page Selection Criteria Time.Selection Clie.Selection Slip.Transaction Date Nickname Full Name Address Phone 1 Phone 3 In Ref To Fees Arrg. Expense Arrg. Tax Profile Round Fees Last bill Last charge Last payment Include: JenniePasquarella Include: 1507 9/1/2017 - 2/20/2018 1507 CARRP CARRP Phone 2 Phone 4 on Policy Discriminating Against Muslims in Immigration Benefits Applications By billing value on each slip By billing value on each slip Exempt 10 Minutes 2/20/2018 Amount Date Timekeeper ID Task Timekeeper: Jennie Pasquarella 9/19/2017 JenniePasquarella 100140 0 meet and confer w govt re discovery responses 9/20/2017 JenniePasquarella 100141 0 team call w/ sa, lh, ma, ga, kmb, st $0.00 Hours DNB Time 1.67 0.83 9/25/2017 JenniePasquarella 1.17 100147 0 reviewing EO 3.0, govt's letter re discovery, and reviewing wagafe FOIA docs 9/25/2017 JenniePasquarella 100148 0 team call re discovery 1.17 9/26/2017 JenniePasquarella 100153 0 Reviewing discovery letter draft 0.67 10/12/2017 JenniePasquarella 1.00 100206 0 Reviewing Gov'ts response and Editing reply brief on motion to compel 1 Case 2:17-cv-00094-RAJ Document 143 Filed 03/29/18 Page 8 of 12 3/27/2018 11:19 AM ACLU of Southern California Pre-bill Worksheet Page 1507:CARRP (continued) Date ID 10/18/2017 100221 Timekeeper Task JenniePasquarella 0 weekly team call re discovery matters Hours DNB Time 1.00 11/1/2017 JenniePasquarella 100267 0 team call 1.00 11/7/2017 JenniePasquarella 100299 0 Meet and confer re discovery issues 1.17 11/14/2017 JenniePasquarella 100375 0 M+C with govt re discovery dispute on EOs 0.83 12/14/2017 JenniePasquarella 100486 0 reviewing govt correspondence 0.33 12/14/2017 JenniePasquarella 100487 0 biweekly team call re discovery disputes 0.67 1/10/2018 JenniePasquarella 100627 0 Team call re discovery issues 0.83 1/18/2018 JenniePasquarella 0.67 100681 0 Call with Latham to discuss discovery and motion to compel in advance of meet and confer - JP SA DP LH LM NG 1/19/2018 JenniePasquarella 1.67 100682 0 Meet and confer with govt counsel re discovery issues, including privilege and rolling production 1/26/2018 JenniePasquarella 1.50 100750 0 Meet and confer with govt re ongoing discovery disputes (w NG, DP, LH) 1/31/2018 JenniePasquarella 100805 0 reviewing govt's m+c letter of 1/31/18 0.17 1/31/2018 JenniePasquarella 0.67 100814 0 Call w sameer, david, nick, laura to prepare for M+C with govt counsel re discovery disputes 2 Case 2:17-cv-00094-RAJ Document 143 Filed 03/29/18 Page 9 of 12 3/27/2018 11:19 AM ACLU of Southern California Pre-bill Worksheet Page 1507:CARRP (continued) Date ID Timekeeper Task Hours DNB Time 2/4/2018 JenniePasquarella 1.67 100835 0 editing brief to court re discovery disputes in advance of emergency hearing 2/5/2018 JenniePasquarella 100836 0 searching FOIA docs for CARRP documents to use as examples in support of brief to court in advance of emergency hearing 0.33 2/7/2018 JenniePasquarella 100853 0 Editing motion to compel re law enforcement privilege 1.17 2/7/2018 JenniePasquarella 100854 0 team meeting to discuss discovery hearing and motions to compel 0.67 2/20/2018 JenniePasquarella 100927 0 Reviewing RFPs and first ROG and emailing Laura re changes 0.33 3 Case Document 143 Filed 03/29/18 Page 10 of 12 Exhibit Case 2:17-cv-00094-RAJ Document 143 Filed 03/29/18 Page 11 of 12 Detailed report 2017-09-01 - 2018-03-26 Total 40 h 08 min Wagafe selected as clients Date 09-08 Description Revise discovery letter Duration User 2:00:00 Sahmed 2:02:12 Sahmed 1:21:24 Sahmed 2:02:06 Sahmed 1:00:00 Sahmed 0:30:30 Sahmed 1:18:18 Sahmed 0:12:12 Sahmed 1:01:00 Sahmed 0:18:18 Sahmed 1:01:00 Sahmed 1:30:30 Sahmed 0:30:30 Sahmed 0:30:00 Sahmed 6:00:00 Sahmed 0:38:00 Sahmed Wagafe - September/October Motion to Compel 09-19 Participate in meet and confer on discovery issues Wagafe - September/October Motion to Compel 09-26 Draft discovery letter Wagafe - September/October Motion to Compel 09-27 Revise motion to compel Wagafe - September/October Motion to Compel 10-12 Revise reply brief in support of motion to compel Wagafe - September/October Motion to Compel 10-24 Participate in meet and confer on discovery issues Wagafe - September/October Motion to Compel 11-01 Participate in meet and confer on motion to reconsider Wagafe - Defendants' Motion to Reconsider 11-09 Revise opposition to motion to reconsider Wagafe - Defendants' Motion to Reconsider 11-09 Revise discovery letter on EO discovery Wagafe - Executive Order Discovery 11-14 Participate in meet and confer on EO discovery Wagafe - Executive Order Discovery 11-29 Revise discovery letter Wagafe - Production Timeline 12-15 Participate in meet and confer re production timelines Wagafe - Production Timeline 01-31 meet and confer re EO discovery Wagafe - Executive Order Discovery 01-31 pre-call to discuss meet and confer re EO discovery Wagafe - Executive Order Discovery 02-05 Revise submission re discovery dispute Wagafe - Court Conferences & Follow up 02-06 research and draft motion to compel Wagafe - motion to compel ICE docs Case 2:17-cv-00094-RAJ Document 143 Filed 03/29/18 Page 12 of 12 02-06 prepare for oral argument re ICE custodians 4:00:00 Sahmed 4:08:00 Sahmed 3:00:00 Sahmed 4:00:00 Sahmed 0:30:00 Sahmed 0:44:18 Sahmed 0:18:00 Sahmed 1:00:00 Sahmed 0:32:00 Sahmed Wagafe - Court Conferences & Follow up 02-07 prepare for oral argument re ICE custodians Wagafe - Court Conferences & Follow up 02-08 prepare for oral argument re ICE custodians Wagafe - Court Conferences & Follow up 02-08 participate in oral argument on ICE custodians Wagafe - Court Conferences & Follow up 02-13 revise joint status report on LCR 37 submission Wagafe - Court Conferences & Follow up 02-14 telephonic hearing on custodians Wagafe - Court Conferences & Follow up 02-16 Revise plaintiffs' status report re production deadlines Wagafe - Court Conferences & Follow up 03-01 participate in meet and confer on class list Wagafe - Court Conferences & Follow up 03-12 Revise status report regarding discovery Wagafe - Court Conferences & Follow up Created with toggl.com