Case 2:18-cv-06893-SJO-FFM Document 43 Filed 12/03/18 Page 1 of 5 Page ID #:1314 1 HARDER LLP 2 3 4 5 6 CHARLES J. HARDER (CA Bar No. 184593) RYAN J. STONEROCK (CA Bar No. 247132) 132 S. Rodeo Drive, Fourth Floor Beverly Hills, California 90212 Telephone: (310) 546-7400 Facsimile: (310) 546-7401 Email: CHarder@HarderLLP.com RStonerock@HarderLLP.com 7 Attorneys for Defendant 8 DONALD J. TRUMP 9 10 UNITED STATES DISTRICT COURT 11 CENTRAL DISTRICT OF CALIFORNIA 12 STEPHANIE CLIFFORD a.k.a. 13 STORMY DANIELS, 14 Plaintiff, 15 16 17 v. DONALD J. TRUMP, 18 19 20 21 22 23 24 25 Defendant. Case No. 2:18-cv-06893-SJO-FFM SECOND SUPPLEMENTAL DECLARATION OF CHARLES J. HARDER IN SUPPORT MOTION OF DEFENDANT DONALD J. TRUMP FOR ATTORNEYS’ FEES AND MONETARY SANCTIONS Assigned for All Purposes to the Hon. S. James Otero Date: December 3, 2018 Time: 2:00 p.m. Location: 350 West 1st Street Courtroom 10C, 10th Floor Los Angeles, CA 90012 Action Filed: April 30, 2018 26 27 28 SECOND SUPPLEMENTAL DECLARATION OF CHARLES J. HARDER Case 2:18-cv-06893-SJO-FFM Document 43 Filed 12/03/18 Page 2 of 5 Page ID #:1315 1 SECOND SUPPLEMENTAL DECLARATION OF CHARLES J. HARDER 2 I, Charles J. Harder, declare: 3 1. I am an attorney duly licensed to practice before all courts of the State of 4 California and in the U.S. District Court for the Central District of California, among 5 other courts. I am a partner of the law firm Harder LLP, counsel of record for 6 Defendant Donald J. Trump (“Mr. Trump”). I make this declaration based on my 7 own personal knowledge and, if called and sworn as a witness, I could and would 8 competently testify hereto. 9 2. I make this declaration to provide the Court with an up-to-date summary 10 of the attorneys’ fees that Mr. Trump incurred and seeks in connection with his 11 Motion for Attorneys’ Fees and Monetary Sanctions (the “Motion”). 12 3. Attached hereto as Exhibit A is a supplemental statement detailing the 13 amount of fees that Mr. Trump incurred after the filing of the Motion, and thus not 14 included in my initial declaration or the Motion. The statement is divided into the 15 following categories: (1) Preparation of Reply in Support of Motion; and (2) 16 Preparation for and Attendance at Hearing.1 The effective hourly rates listed in the 17 statement are the same rates as those stated in the Motion. This statement was 18 prepared by my office and is based upon Harder LLP’s billing records for this action. 19 I have received these billing records, and the attached supplemental statement 20 accurately reflects those records. 21 4. Taking into account the fees Mr. Trump incurred after filing the Motion, 22 the total fee award sought by Mr. Trump is $389,403.11, broken down as follows: 23 24 25 26 1 The statement contains estimates of three (3) hours each for Mr. Stonerock and myself to attend the hearing, including travel to and from Court. The remaining time 28 entries reflect the actual time incurred as of the date of this declaration. 27 1 SECOND SUPPLEMENTAL DECLARATION OF CHARLES J. HARDER Case 2:18-cv-06893-SJO-FFM Document 43 Filed 12/03/18 Page 3 of 5 Page ID #:1316 1 2 3 4 5 Action Total Fees originally sought in Motion (excluding Reply and Hearing on Motion) Hours Fees 509.25 $341,559.50 Prepare Reply in Support of Motion 36.50 $23,617.43 35 $24,226.18 Prepare for and Attend Hearing on Motion TOTAL (including Reply and Hearing) 580.75 $389,403.11 6 7 5. In my initial declaration in support of the Motion, I estimated that an 8 additional twenty (20) hours in attorney time would be necessary to review Plaintiff’s 9 Opposition to the Motion and prepare a Reply brief, and an additional sixteen (16) 10 hours in attorney time would be necessary to prepare for and attend a potential 11 hearing on the Motion. Additional time beyond my estimate for the Reply brief was 12 necessary to review and distinguish the thirty (30) cases cited in Plaintiff’s eighteen 13 (18) page Opposition, analyze Mr. Avenatti’s declaration and the Real Rate Report 14 relied upon by Plaintiff, prepare evidentiary objections to Mr. Avenatti’s declaration, 15 and address each of Plaintiff’s procedural and substantive arguments, all while 16 condensing the Reply brief into five (5) pages. 17 7. Additional time beyond my estimate to prepare for and attend the hearing 18 was necessary in order to, among other things, prepare a detailed outline addressing 19 each of the arguments and authorities in the Opposition and to prepare this 20 supplemental declaration. 21 8. Attached hereto as Exhibit B is a true and correct copy of a December 3, 22 2018 tweet by Mr. Avenatti, which was obtained from the following URL: 23 https://twitter.com/MichaelAvenatti/status/1069611810821627906. Mr. Avenatti’s 24 tweet states: “There has been a lot of misreporting about the money @StormyDaniels 25 and I raised for her legal costs/expenses. See the real facts below. As you can see, 26 we did not do this for the money. We did it because it was the right thing to do. And 27 we will continue to do so. #Basta”. Mr. Avenatti’s tweet contains a document entitled 28 “Update Re crowdjustice.org,” which states, in part, that in representing Plaintiff: 2 SECOND SUPPLEMENTAL DECLARATION OF CHARLES J. HARDER Case 2:18-cv-06893-SJO-FFM Document 43 Filed 12/03/18 Page 4 of 5 Page ID #:1317 1 As of October 31, 2018, at least four attorneys have billed time to the 2 various matters. 3 billable hours. At our standard hourly rates, this time equates to 4 approximately $1,638,390. Importantly, these figures do not include 5 any time spent on TV interviews or shows nor do they include any time 6 spent responding to journalists seeking comment for various publications 7 despite the fact that we believe much of this time benefited the legal 8 efforts. 9 In addition to the time above, we have also had no fewer than four staff 10 members devoting time to your matters, including multiple legal 11 secretaries and paralegals/legal assistants. 12 through October 31, 2018, the lead paralegal working on the matters 13 has spent over 691 hours, at a cost of $134,745. (Emphasis added.) 14 9. Collectively, we have spent a total of over 2,381 As a point of reference, According to the figures contained in Mr. Avenatti’s Tweet, the average 15 hourly rates billed by attorneys at his firm for their representation of Plaintiff is 16 $688.11 ($1,638,390 divided by 2,381 billable hours). In contrast, the average hourly 17 rate of Mr. Trump’s attorneys for the fees sought in the Motion is $670.52 18 ($389,403.11 divided by 580.75 hours). 19 / / / 20 / / / 21 / / / 22 / / / 23 / / / 24 / / / 25 / / / 26 / / / 27 / / / 28 / / / 3 SECOND SUPPLEMENTAL DECLARATION OF CHARLES J. HARDER Case 2:18-cv-06893-SJO-FFM Document 43 Filed 12/03/18 Page 5 of 5 Page ID #:1318 1 10. Attached hereto as Exhibit C is a true and correct copy of a November 2 18, 2018 article published by The Daily Beast, which was obtained from the following 3 URL: https://www.thedailybeast.com/stormy-daniels-michael-avenatti-filed-defamation4 case-against-trump-against-my-wishes. In the article, plaintiff Stephanie Clifford’s 5 counsel, Michael Avenatti, is quoted as stating that, in representing Plaintiff, his firm 6 has “spent well over a thousand hours of attorney time on the case at a value of over 7 $1,500,000 (and no, we do not count interviews or media as attorney time).” 8 I declare under penalty of perjury under the laws of the United States of 9 America that the foregoing is true and correct. 10 Executed on December 3, 2018, at Los Angeles, California. 11 12 CHARLES J. HARDER 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 SECOND SUPPLEMENTAL DECLARATION OF CHARLES J. HARDER