Preview
FILED: RICHMOND COUNTY CLERK 01/16/2024 04:07 PM INDEX NO. 85035/2023
Case 1:21-cv-07863-NRB Document 197
NYSCEF DOC. NO. 168 190 Filed 09/24/22
09/13/22 Page 1 of 3NYSCEF: 01/16/2024
RECEIVED
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
----------------------------------------------------------------X
:
MICHAEL KANE, et al., :
:
Plaintiffs, :
:
- against - : Case No. 21-cv-7863 (NRB)
: (Lead)
BILL DE BLASIO, et al., :
:
Defendants. :
----------------------------------------------------------------X
:
MATTHEW KEIL, et al. :
:
Plaintiffs, :
:
- against - :
: Case No. 21-cv-8773 (NRB)
THE CITY OF NEW YORK, et al., :
:
Defendants. :
----------------------------------------------------------------X
PLAINTIFFS’ MOTION FOR ATTORNEYS’ FEES AND COSTS
Plaintiffs, by and through the undersigned counsel, pursuant to 42 U.S.C. § 1988 and FED.
R. CIV. P. 54(d), hereby move this Court for an award of attorney’s fees, costs, and expenses
against Defendants. The return date for this motion is __________ at 10:00 a.m. at the Courthouse
located at 500 Pearl St, New York, NY 10007. In support of this Motion, Plaintiffs rely on the
following supporting documents: 1) Declaration of Jonathan R. Nelson; 2) Declaration of Sujata
S. Gibson; 3) Memorandum of Law in Support of Plaintiff’s Motion for Attorneys’ Fees and Costs;
4) Itemized Statement of Costs and Expenses, attached as Exhibit 1 to each declaration
respectively; and 4) Bill of Costs awarded to the Plaintiffs; attached as Exhibit 2.
The billing rates for the attorneys and legal assistants involved in this case are as follows:
1
FILED: RICHMOND COUNTY CLERK 01/16/2024 04:07 PM INDEX NO. 85035/2023
Case 1:21-cv-07863-NRB Document 197
NYSCEF DOC. NO. 168 190 Filed 09/24/22
09/13/22 Page 2 of 3NYSCEF: 01/16/2024
RECEIVED
Name Role Hourly Rate
Jonathan R. Nelson Attorney $550.00
Barry Black Attorney $550.00
John Madden Attorney $550.00
Sujata Gibson Attorney $550.00
Sarah Child Attorney $350.00
Sujata Ramaiah Attorney $300.00
Brandon Babwah Paralegal $135.00
The total number of hours expended for this case is worth $548,969.24 in attorneys’ fees
and costs incurred by all Plaintiffs’ firms through November 2021, when the Second Circuit issued
injunctive relief. After exercising billing judgment, as of the time of the filing and service of this
Motion, Plaintiffs seek attorneys’ fees $492,609.72 (a reduction of 8.9%). These attorneys’ fees
relate exclusively to the attorney and paralegal time incurred to prevail on their first motions for
injunctive relief and necessary and customary costs as set forth in the itemized statements and
declarations accompanying this motion.
Plaintiffs reserve the right to supplement this motion to seek additional attorneys’ fees, if
needed.
WHEREFORE, Plaintiffs respectfully request that this Court grant the instant Motion.
Dated: New York, New York
2
FILED: RICHMOND COUNTY CLERK 01/16/2024 04:07 PM INDEX NO. 85035/2023
Case 1:21-cv-07863-NRB Document 197
NYSCEF DOC. NO. 168 190 Filed 09/24/22
09/13/22 Page 3 of 3NYSCEF: 01/16/2024
RECEIVED
September 13, 2022
Respectfully submitted,
NELSON MADDEN BLACK LLP
Attorneys for Keil Plaintiffs and the Class
/s/ Jonathan R. Nelson
By: Jonathan Robert Nelson (JN8796)
475 Park Avenue South, Suite 2800
New York, NY 10016
(212) 382-4300
jnelson@nelsonmaddenblack.com
GIBSON LAW FIRM, PLLC
Attorney for Kane Plaintiffs and the Class
/s/ Sujata S. Gibson
Sujata S. Gibson
Gibson Law Firm, PLLC
832 Hanshaw Rd, Suite A
Ithaca, NY 14850
(607) 327-4125
sujata@gibsonfirm.law
3
FILED: RICHMOND COUNTY CLERK 01/16/2024 04:07 PM INDEX NO. 85035/2023
Case 1:21-cv-07863-NRB Document 200 Filed 09/26/22 Page
NYSCEF DOC. NO. 168 1 of 6NYSCEF: 01/16/2024
RECEIVED
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
----------------------------------------------------------------X
:
MICHAEL KANE, et al., :
:
Plaintiffs, :
:
- against - : Case No. 21-cv-7863 (NRB)
: (Lead)
BILL DE BLASIO, et al., :
:
Defendants. :
----------------------------------------------------------------X
:
MATTHEW KEIL, et al. :
:
Plaintiffs, :
:
- against - :
: Case No. 21-cv-8773 (NRB)
THE CITY OF NEW YORK, et al., :
:
Defendants. :
----------------------------------------------------------------X
DECLARATION OF SUJATA S. GIBSON, ESQ. IN SUPPORT OF
PLAINTIFFS’ MOTION FOR ATTORNEYS’ FEES AND COSTS
SUJATA S. GIBSON, ESQ., an attorney admitted to practice before this Court, declares
under penalty of perjury, pursuant to 28 U.S.C. § 1746, that the following is true:
1. I am filing this declaration in support of the attached motion for fees to demonstrate the
reasonableness both of my hourly rate and of the total amount of compensable time that I
incurred in this case.
Background
2. I am the lead attorney on Kane v. de Blasio, and have worked on all aspects of the Kane
case since its origin.
3. I graduated from the University of Pennsylvania Law School in 2007.
1
FILED: RICHMOND COUNTY CLERK 01/16/2024 04:07 PM INDEX NO. 85035/2023
Case 1:21-cv-07863-NRB Document 200 Filed 09/26/22 Page
NYSCEF DOC. NO. 168 2 of 6NYSCEF: 01/16/2024
RECEIVED
4. From the time I graduated law school in 2007 until the present, I have worked as a litigator
in federal and state court.
5. I am the principal attorney at the Gibson Law Firm, PLLC, and I practice almost
exclusively in the areas of civil rights, religious and medical accommodations, and
movement law.
6. In addition, I teach part time as an adjunct professor at Cornell Law School, also in the
areas of civil rights and movement law.
7. I am admitted to practice in the state of New York; the United States Supreme Court, the
United States Court of Appeal for the Second Circuit; and in the Eastern, Western and
Northern Districts of New York. I have also made pro hac vice appearances in other federal
district courts, for example in this case, where I am admitted pro hac vice in the Southern
District of New York.
8. For the bars and courts in which I have been admitted, I am a member in good standing
and there are no grievances or other disciplinary proceedings pending against me. In
addition, no court has ever censured, disbarred, suspended, or held me in contempt.
Preclusion of Other Employment
9. By accepting the present case, I was precluded from taking on other representation.
10. This case imposed weighty time limitations on my schedule since it has lasted over a year,
and required extensive briefing and appearances in the district court and Court of Appeals,
much of it on an extremely expedited schedule.
11. The myriad constitutional challenges necessitated by Defendants’ religious
accommodation policies and practices, and the added complexity of the intended impact of
2
FILED: RICHMOND COUNTY CLERK 01/16/2024 04:07 PM INDEX NO. 85035/2023
Case 1:21-cv-07863-NRB Document 200 Filed 09/26/22 Page
NYSCEF DOC. NO. 168 3 of 6NYSCEF: 01/16/2024
RECEIVED
this litigation, brought by a movement of impacted teachers and educators, required
substantial attorney and paralegal time, which precluded me from working on other
matters.
12. Since taking this case, I intentionally declined to offer a website for my firm, to lessen the
volume of inquiries from potential clients, and have set up a phone service with standing
instructions to tell potential clients who find me that I am not taking any new cases.
Hundreds of potential clients have requested to retain me at my normal hourly rates of $550
an hour. I have had to turn most of them down.
13. For most attorneys, this case would have been undesirable to undertake because it lacked
a guaranteed fee, it involves vaccines, which are a hot-button political topic, and it requires
litigation against the City of New York and its army of attorneys.
Reasonableness of Hourly Rate
14. I have investigated and obtained information to familiarize myself with the hourly billing
rates of attorneys with skill and experience in the First Amendment area of law who
practice in the New York area.
15. My billing rate of $550 per hour in this case is consistent with or below the prevailing
market rate in the Southern District of New York, where many attorneys of my experience
will bill much more than $550 per hour to litigate a complex First Amendment case.
16. My firm’s billing rates of $300 per hour for associate time, and $135 for billable paralegal
time are also at or below prevailing market rates in the Southern District of New York.
17. These rates are also consistent with rates awarded to attorneys in similar cases in this
jurisdiction and is reasonable in light of my experience in constitutional and civil rights
3
FILED: RICHMOND COUNTY CLERK 01/16/2024 04:07 PM INDEX NO. 85035/2023
Case 1:21-cv-07863-NRB Document 200 Filed 09/26/22 Page
NYSCEF DOC. NO. 168 4 of 6NYSCEF: 01/16/2024
RECEIVED
law. The concurrently filed declaration of Andrew C. Hruska, Esq. attests to the local
billing rates for similar matters.
18. The hourly billing rates charged are particularly low considering that this case is on
contingency, and there is no guaranteed fee.
19. Few attorneys practice constitutional litigation, and ever fewer specialize in the intersection
between religion, medical freedom, and civil rights, as I do. Of these, most are unable to
take on litigation like this without a guaranteed fee.
20. Plaintiffs would not have been able to bring this case without the prospect of reasonable
attorney’s fees and costs being awarded.
Reasonableness of Time and Expenses Incurred
21. The concurrently filed itemized statement attached as Exhibit 1 sets forth my firm’s task-
based time based upon contemporaneous time records I kept as I and other members of my
firm performed the work. I have exercised billing judgment by reducing unreasonable time
expenditures. These reductions are individually documented in the itemized statement.
22. The total time that my Gibson Law Firm, PLLC colleagues and I incurred on this case
before this Court and the circuit court, prior to and leading up to the Second Circuit
judgment in which we prevailed, was 605.4 hours ($250,972.00). After I reviewed our time
and exercised critical billing judgment on all attorney and paralegal time, this amount was
reduced to 561.90 hours. At a billing rate of $550 per hour for myself, $300 per hour for
my Of Counsel attorney Sujata Ramaiah, and $135 per hour for our paralegal, this results
in a current amount of $242,280.00 in fees that is fairly claimed against Defendants.
4
FILED: RICHMOND COUNTY CLERK 01/16/2024 04:07 PM INDEX NO. 85035/2023
Case 1:21-cv-07863-NRB Document 200 Filed 09/26/22 Page
NYSCEF DOC. NO. 168 5 of 6NYSCEF: 01/16/2024
RECEIVED
23. I certify that Exhibit 1 is accurate and complete, and that the unredacted time reflected in
the invoice was reasonable, necessary and appropriate to achieve the results in this case.
24. The law firm of Nelson, Madden, Black served initially as an ally to my firm in pursuing
parallel litigation in the Keil litigation, and then as a colleague once the Keil and Kane
cases consolidated at the direction of the district court. Mr. Nelson’s affidavit, which I
endorse, separately addresses the amount of time that his firm devoted to this case and the
reasonableness of their adjusted and redacted bills, which are adjusted to 560.94.
25. To reduce the amount of time that would be needed on the appeals, our firms collaborated
to research, brief and orally argue the appellate motions that we won.
26. On November 28, 2021, the circuit court issued its order granting relief to the Plaintiffs
and remanding the case to the district court.
27. Though our matters were heard together on appeal, each firm had to prepare, bind, print
and serve copies of their own voluminous appendices and briefings on an extremely
expedited basis. The expedited nature of this matter required my firm to retain Counsel
Press for paralegal and services that might ordinarily be handled in house.
28. The Kane Plaintiffs were awarded a Bill of Costs by the circuit court that was filed with
the district court. A copy of it is attached as Exhibit 2. To date, these costs have not been
paid by defendants.
29. Though the Bill of Costs will pay some of the costs of these appeals, the total expenses my
firm paid to Counsel Press, and for docketing, transcript and filing fees, along with binding,
service of process, and substantial fees to expedite the motion and merits briefing, amount
to $19,927.53.
5
FILED: RICHMOND COUNTY CLERK 01/16/2024 04:07 PM INDEX NO. 85035/2023
Case 1:21-cv-07863-NRB Document 200 Filed 09/26/22 Page
NYSCEF DOC. NO. 168 6 of 6NYSCEF: 01/16/2024
RECEIVED
30. Such expenses are reasonable and not normally absorbed as a part of a law firm’s overhead,
but are the type normally billed to a client and are reasonable and appropriate for this type
of case. Nonetheless, my firm has exercised billing judgment to write these additional fees
off of our attached bills.
31. As summarized in Exhibit 1 of Attorney Nelson’s annexed declaration, the total fees and
expenses incurred by Nelson Madden Black LLP through November 28, 2021 for the
district and circuit courts before reductions were $278,069.71. The Gibson Law Firm,
PLLC’s total fees and expenses, before reduction, were $270,899.53. The total fees and
expenses for the district and circuit courts after reductions are $250,329.72 for Nelson
Madden Black LLP, and $242,280.00 for the Gibson Law Firm, PLLC. I certify the figures
for our firm to be complete (as adjusted) and accurate. Plaintiffs are thus seeking the total
sum of $492,609.72 from Defendants in the instant motion
Dated: Ithaca, New York
September 13, 2022
Respectfully submitted,
/s/Sujata S. Gibson
Sujata S. Gibson, Esq.
6
FILED: RICHMOND COUNTY CLERK 01/16/2024 04:07 PM INDEX NO. 85035/2023
Case 1:21-cv-07863-NRB Document 200-1 Filed 09/26/22 RECEIVED
NYSCEF DOC. NO. 168 Page 1 ofNYSCEF:
4 01/16/2024
User Matter Date Note Quantity Rate Total
Paralegal. Emails with attorney Gibson. Emails with plaintiffs. Prepare
Paralegal Kane v. de Blasio 9/7/2021 template for interview notes. 0.9 135 121.5
Paralegal. Emails with attorney Gibson, emails, calls scheduling
Paralegal Kane v. de Blasio 9/9/2021 interviews with plaintiffs. 1.6 135 216
Paralegal Kane v. de Blasio 9/9/2021 Paralegal. Interviewing plaintiffs, taking notes 1.5 135 202.5
Paralegal Kane v. de Blasio 9/9/2021 Paralegal time: Calling and Interviewing plaintiffs, taking notes 1.1 135 148.5
Paralegal: Calling, texting, scheduling plaintiff interviews, conduct
interviews, taking notes, transcribing interviews, emails with attorney
Paralegal Kane v. de Blasio 9/11/2021 Gibson and plaintiffs. 12.5 135 1687.5
Paralegal: Calling, texting, scheduling plaintiff interviews, conduct
interviews, taking notes, transcribing interviews, emails with attorney
Paralegal Kane v. de Blasio 9/12/2021 Gibson and plaintiffs 7.2 135 972
Paralegal. Calling, texting, scheduling plaintiff interviews, conduct
interviews, taking notes, transcribing interviews, emails with attorney
Paralegal Kane v. de Blasio 9/13/2021 Gibson and plaintiffs 6.4 135 864
Paralegal. Calling, texting, scheduling plaintiff interviews, conduct
interviews, taking notes, transcribing interviews, emails with attorney
Paralegal Kane v. de Blasio 9/14/2021 Gibson and plaintiffs 8.6 135 1161
Paralegal: Calling, texting, scheduling plaintiff interviews, conduct
interviews, taking notes, emails with attorney Gibson and plaintiffs,
Paralegal Kane v. de Blasio 9/15/2021 review and assist with exemption letters 8.7 135 1174.5
Paralegal: Calling, texting, scheduling plaintiff interviews, conduct
interviews, taking notes, emails with attorney Gibson and plaintiffs,
Paralegal Kane v. de Blasio 9/16/2021 review and assist with exemption letters 8.9 135 1201.5
Paralegal: Calling, texting, scheduling plaintiff interviews, conduct
interviews, taking notes, emails with attorney Gibson and plaintiffs,
Paralegal Kane v. de Blasio 9/17/2021 review and assist with exemption letters. 7.3 135 985.5
Paralegal Kane v. de Blasio 9/17/2021 Paralegal: legal research re staten island business suit. 0.6 135 81
Paralegal: calling, texting plaintiffs, coach & assist plaintiffs with religious
exemption letter writing, take notes, transcribing interviews/narratives,
Paralegal Kane v. de Blasio 9/18/2021 emails with attorney Gibson and plaintiffs 8.1 135 1093.5
Paralegal: legal research and analysis of municipal labor coalition cases re
Paralegal Kane v. de Blasio 9/18/2021 mandates. 1.3 135 175.5
Paralegal time: Calling, texting plaintiffs, coach and assist with exemption
Paralegal Kane v. de Blasio 9/19/2021 letters, transcribe interview notes for attorney Gibson, draft narratives. 12.1 135 1633.5
Paralegal time: Fact research. Research and prepare pro hac vice motion,
update plaintiff spreadsheets, finalize exemption letter drafts with
Paralegal Kane v. de Blasio 9/20/2021 plaintiffs, communications with clients, legal team. 8.6 135 1161
Paralegal Kane v. de Blasio 9/21/2021 Communications with attorney Gibson and Plaintiffs. 1.6 135 200
Research service requirements for NYC Mayor, DOH Commissioner, and
Dept of Ed.
Paralegal Kane v. de Blasio 9/21/2021 prepare summonses 2.2 135 275
Paralegal time: meetings with attorney Gibson and Plaintiffs to gather
Paralegal Kane v. de Blasio 9/22/2021 facts for emergency motion and prepare for arbitration award appeals. 2.3 135 310.5
Paralegal Kane v. de Blasio 9/22/2021 Paralegal: draft notice of appearance 0.2 135 27
Paralegal: legal research - find and analyze related cases arising from NYC
Paralegal Kane v. de Blasio 9/23/2021 mandates. Meet with attorney re same. 0.7 135 94.5
Paralegal Kane v. de Blasio 9/24/2021 Paralegal: emails, texts with attorney and plaintiffs. 0.7 135 94.5
Paralegal Kane v. de Blasio 9/24/2021 Paralegal: legal research re related First Amendment cases. 0.6 135 81
Paralegal: Research service requirements
for NYC Mayor, DOH
Commissiner, and Dept of Ed.
Paralegal Kane v. de Blasio 9/24/2021 prepare summonses 2.2 135 297
Paralegal: research SDNY local rules, draft
Paralegal Kane v. de Blasio 9/24/2021 notice of appearance 1 135 135
Paralegal. Phone Conference w Atty Gibson re: expert declarations. Fact
Paralegal Kane v. de Blasio 9/24/2021 research re same. 2.3 135 310.5
Paralegal Kane v. de Blasio 9/25/2021 Paralegal: emails, texts, calls with plaintiffs and attorneys. 0.5 135 67.5
Paralegal Kane v. de Blasio 9/26/2021 Paralegal: emails, texts, calls with plaintiffs and attorneys. 0.6 135 81
Paralegal: Cals, emails, texts with attorney Gibson and plaintiffs re media
coverage with Fox & Friends and Latino Epoch Times. Prep with clients.]
Paralegal Kane v. de Blasio 9/28/2021 3.2 135 432
FILED: RICHMOND COUNTY CLERK 01/16/2024 04:07 PM INDEX NO. 85035/2023
Case 1:21-cv-07863-NRB Document 200-1 Filed 09/26/22 RECEIVED
NYSCEF DOC. NO. 168 Page 2 ofNYSCEF:
4 01/16/2024
Paralegal: communications with attorney and plaintiffs in preparation for
Paralegal Kane v. de Blasio 9/29/2021 motion. 1.6 135 216
Paralegal Kane v. de Blasio 9/30/2021 Paralegal: emails, texts, calls with plaintiffs and attorneys. 2.3 135 310.5
[Redact - Paralegal: Calls, texts and emails with attorney Gibson and
plaintiffs Connect with the Epoch Times and Latino Epoch Times,
Paralegal Kane v. de Blasio 10/1/2021 coordinate interviews with plaintiffs, prep plaintiffs] 3.2 135 432
[Redact - Paralegal: calls, texts and emails with attorney Gibson and
plaintiffs. Connect with Fox & Friends contact and coordinate interviews
with plaintiffs, prep plaintiffs. Gather, prepare and edit declarations
Paralegal Kane v. de Blasio 10/2/2021 plaintiffs]. 10.7 135 1444.5
Paralegal: phone conferences with Attorney Gibson. Prepare first draft of
Paralegal Kane v. de Blasio 10/2/2021 declaration of expert Dr. Marty Makary. 2.3 135 310.5
Paralegal: meetings with attorney and each client to prepare for
preliminary injunction hearing. Gather facts, prepare and edit
declarations, follow up meetings with attorneys re edits, follow up
Paralegal Kane v. de Blasio 10/3/2021 meetings with each plaintiff to get them signed. 14 135 1890
Paralegal: Service of Emergency Motion
to NYC Mayor DOHMH,
DOE, draft Affidavit of
Paralegal Kane v. de Blasio 10/4/2021 Service, research local rules 1.3 135 175.5
[REDACT Paralegal Time. Text, call and coach plaintiff on how to print
and sign declaration. Call, text and email with Fox & Friends contact and
producer, coordinate interviews as one plaintiff changed her mind, prep
different plaintiff. Email plaintiffs and attorney Gibson re: summaries
Paralegal Kane v. de Blasio 10/4/2021 Update contact list plaintiffs]. 4.7 135 634.5
Paralegal Time: arrange for service of emergency motion on NYC Mayor
DOHMH,
DOE, draft Affidavit of
Paralegal Kane v. de Blasio 10/4/2021 Service, research local rules. 1.3 135 175.5
Paralegal time: Coordinate with plaintiffs and counsel to prepare for and
Paralegal Kane v. de Blasio 10/5/2021 get information out about hearing. 2 135 270
Paralegal: arrange for service of Summons+Complaint
on three Defendants. Conference
with attorney Ramaiah re factual investigation for preliminary injunction
Paralegal Kane v. de Blasio 10/5/2021 motion. 1.1 135 148.5
Paralegal. Email, text and calls to plaintiffs & attorney Gibson, prepare
Paralegal Kane v. de Blasio 10/7/2021 and edit declaration 2.1 135 283.5
Paralegal Kane v. de Blasio 10/7/2021 Paralegal: Attend to service issues and filing of affidavits. 1.7 135 229.5
Paralegal: edit attorney declaration and analyze pleadings to ensure all
Paralegal Kane v. de Blasio 10/7/2021 exhibits are included. 1.3 135 175.5
Paralegal:
Email, text and calls to plaintiffs and attorney Gibson, gather witness
Paralegal Kane v. de Blasio 10/8/2021 information 2.3 135 310.5
Paralegal. Meetings with attorney and clients. Fact investigation for
Paralegal Kane v. de Blasio 10/9/2021 preliminary injunction motion. 1.6 135 216
Paralegal Kane v. de Blasio 10/11/2021 Paralegal: emails, texts, calls with plaintiffs and attorneys. 2.1 135 283.5
Paralegal. Emails and calls with attorney and plaintiffs re fact
Paralegal Kane v. de Blasio 10/11/2021 investigation and preparation for motion. 1.9 135 256.5
Paralegal Kane v. de Blasio 10/12/2021 Paralegal. Meetings with plaintiffs and attorney following hearing. 1.2 135 162
Paralegal Kane v. de Blasio 10/14/2021 Emails and calls with attorney and plaintiffs re appeal. 0.9 135 121.5
Paralegal Kane v. de Blasio 10/15/2021 Emails with attorney and plaintiffs. 0.3 135 40.5
Research re citations. Emails with attorney and plaintiffs re emergency
Paralegal Kane v. de Blasio 10/26/2021 motion. 1.3 135 175.5
Paralegal Kane v. de Blasio 10/29/2021 Emails with attorney and clients re expedited briefing. 0.3 135 40.5
Case workup - meetings with teachers for choice, fact investigation.
Sujata Gibson Kane v. de Blasio 8/27/2021 Prepare outline of issues. 7.9 550 4345
Prepare for phone call with Michael Kane suit. Review plaintiffs. Review
Sujata Gibson Kane v. de Blasio 8/29/2021 case law. Phone call with plaintiff Kane. Follow up research. 2.1 550 1155
Sujata Gibson Kane v. de Blasio 8/30/2021 Finish reviewing potential plaintiffs. Email plaintiff Kane. 2.5 550 1375
Sujata Gibson Kane v. de Blasio 9/6/2021 Legal research re first amendment claims. Email plaintiffs. 2.3 550 1265
Legal research. Review plaintiff summaries from paralegal. Begin drafting
Sujata Gibson Kane v. de Blasio 9/9/2021 complaint. 1.9 550 1045
Coordinate with paralegal. Legal and fact research. conversations with
Sujata Gibson Kane v. de Blasio 9/11/2021 Michael Kane re suit. 5.6 550 3080
FILED: RICHMOND COUNTY CLERK 01/16/2024 04:07 PM INDEX NO. 85035/2023
Case 1:21-cv-07863-NRB Document 200-1 Filed 09/26/22 RECEIVED
NYSCEF DOC. NO. 168 Page 3 ofNYSCEF:
4 01/16/2024
Legal research. Review plaintiff summaries from paralegal. Continue
Sujata Gibson Kane v. de Blasio 9/12/2021 drafting complaint. 3.7 550 2035
Phone calls with clients, paralegal. Legal research re developments in
Sujata Gibson Kane v. de Blasio 9/14/2021 related suits. 3.1 550 1705
Review additional plaintiffs vetted by paralegal and respond to emails
and correspondence. Identify parties and begin drafting complaint.
Sujata Gibson Kane v. de Blasio 9/16/2021 Communicate with paralegal re reviewing religious exemptions. 13.8 550 7590
Legal research. Work with plaintiffs on articulating their religious
Sujata Gibson Kane v. de Blasio 9/17/2021 objections. Finish first draft of complaint. 11.4 550 6270
Legal and fact research. Emails with clients and paralegal. Finish draft of
Sujata Gibson Kane v. de Blasio 9/18/2021 complaint. 12.1 550 3025
Sujata Gibson Kane v. de Blasio 9/20/2021 Finish editing complaint. 9.6 550 5280
Finish edits to complaint. Prepare cover sheet, summons documents and
Sujata Gibson Kane v. de Blasio 9/21/2021 arrange for filing and service. File. Follow up emails. 5.2 550 2860
Review filings. Emails with plaintiffs. Review and file summonses.
Sujata Gibson Kane v. de Blasio 9/22/2021 Communicate with court and paralegals. 2.6 550 650
Prepare for and attend arbitration appeals with several plaintiffs. Phone
Sujata Gibson Kane v. de Blasio 10/1/2021 meetings re same. Begin drafting motion for emergency relief. 4.6 550 2530
Phone calls, emails and fact research re expert affidavits. Finalize draft of
affidavit for Dr. Makary and send. Legal research. Draft memo of law.
Sujata Gibson Kane v. de Blasio 10/2/2021 Coordinate on more affidavits. 17.3 550 9515
Witness interviews, fact investigation, work with staff on declaration
gathering process. Meet with experts. Draft expert declaration draft.
Sujata Gibson Kane v. de Blasio 10/3/2021 Coordinate with plaintiffs. 18.4 550 10120
Legal research, writing and meetings for preliminary injunction deadline
Sujata Gibson Kane v. de Blasio 10/6/2021 Thursday. 5.1 550 2805
Legal research re new arbitration issue, waiver and standing. Factual
research re labor contracts and waiver clauses. Meetings with Attorney
Sujata Gibson Kane v. de Blasio 10/7/2021 Sussman and Holland. Begin drafting memorandum of law. 10.7 550 5885
Sujata Gibson Kane v. de Blasio 10/11/2021 Prepare for oral argument. Moot sessions and research. 5.4 550 2970
Finish oral argument prep. Attend oral arguments. Follow up meetings
with attorneys. Follow up meetings with clients. Begin legal research re
Sujata Gibson Kane v. de Blasio 10/12/2021 appeal. 7.2 550 3960
Meet with clients. Emails with clients. Legal research re standing. Meet
Sujata Gibson Kane v. de Blasio 10/13/2021 with Attorney Ramaiah. 3.1 550 1705
Sujata Gibson Kane v. de Blasio 10/13/2021 Meeting with attorney and some plaintiffs re emergency appeal. 1 550 550
Review transcript and cases cited by Judge. Outline argument for appeal.
Sujata Gibson Kane v. de Blasio 10/21/2021 Phone call with clients and attorneys. Fact investigation re waiver. 2.6 550 1430
Sujata Gibson Kane v. de Blasio 10/22/2021 Begin drafting Second Circuit emergency motion. 7.5 550 4125
Finish legal research re standing. Continue legal research re rebuttal of
district court's case citations. Continue drafting emergency motion.
Sujata Gibson Kane v. de Blasio 10/23/2021 Emails with co-counsel re same. 10.6 550 5830
Finish legal research for motion. Finish draft of emergency motion.
Sujata Gibson Kane v. de Blasio 10/24/2021 Meetings with clients and counsel re same. Edit and finalize motion. 20.2 550 11110
Draft notice of appeal. Research Second Circuit local rules and prepare
outline of steps for emergency relief. Draft and edit table of contents and
Sujata Gibson Kane v. de Blasio 10/25/2021 table of authorities. 2.9 550 1595
Finish drafting and editing motion to second circuit. Cut 2000 words.
Additional research and drafting. Work with counsel press and paralegals
Sujata Gibson Kane v. de Blasio 10/26/2021 to finalize and file. 14.8 550 8140
Review submission from opposing counsel on appeal. Review denial.
Sujata Gibson Kane v. de Blasio 10/28/2021 Emails with attorneys and plaintiffs. 0.9 550 495
Conference with Keil matter attorneys. Analyze orders below and in
Sujata Gibson Kane v. de Blasio 10/29/2021 Second Circuit. Legal research re same. 4.3 550 2365
Conference call with Keil attorneys. Review and analyze pleadings in
second circuit - new opposition papers, our initial submission and Keil
Sujata Gibson Kane v. de Blasio 11/2/2021 submission. Draft list of contested points. Begin research re same. 2.8 550 1540
Continue analyzing contested points and research case law re same.
Sujata Gibson Kane v. de Blasio 11/3/2021 Meetings with plaintiffs. 2.3 550 1265
Sujata Gibson Kane v. de Blasio 11/3/2021 [Redacted - EEOC related]. 0.6 550 330
Finish legal research. Calls with opposing counsel and plaintiffs. Draft
Sujata Gibson Kane v. de Blasio 11/4/2021 reply. Continue editing reply. Calls with counsel press re finalization. 23.2 550 12760
FILED: RICHMOND COUNTY CLERK 01/16/2024 04:07 PM INDEX NO. 85035/2023
Case 1:21-cv-07863-NRB Document 200-1 Filed 09/26/22 RECEIVED
NYSCEF DOC. NO. 168 Page 4 ofNYSCEF:
4 01/16/2024
Finish and finalize reply. Review and analyze reply brief submitted by Keil
Sujata Gibson Kane v. de Blasio 11/5/2021 plaintiffs. Attorney and plaintiff meetings re same. 5.1 550 2805
Begin reviewing legal arguments added by Keil plaintiffs. Phone calls with
Sujata Gibson Kane v. de Blasio 11/8/2021 plaintiffs and opposing counsel. 2.1 550 1155
Preview
FILED: RICHMOND COUNTY CLERK 01/16/2024 04:07 PM INDEX NO. 85035/2023 Case 1:21-cv-07863-NRB Document 197 NYSCEF DOC. NO. 168 190 Filed 09/24/22 09/13/22 Page 1 of 3NYSCEF: 01/16/2024 RECEIVED UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ----------------------------------------------------------------X : MICHAEL KANE, et al., : : Plaintiffs, : : - against - : Case No. 21-cv-7863 (NRB) : (Lead) BILL DE BLASIO, et al., : : Defendants. : ----------------------------------------------------------------X : MATTHEW KEIL, et al. : : Plaintiffs, : : - against - : : Case No. 21-cv-8773 (NRB) THE CITY OF NEW YORK, et al., : : Defendants. : ----------------------------------------------------------------X PLAINTIFFS’ MOTION FOR ATTORNEYS’ FEES AND COSTS Plaintiffs, by and through the undersigned counsel, pursuant to 42 U.S.C. § 1988 and FED. R. CIV. P. 54(d), hereby move this Court for an award of attorney’s fees, costs, and expenses against Defendants. The return date for this motion is __________ at 10:00 a.m. at the Courthouse located at 500 Pearl St, New York, NY 10007. In support of this Motion, Plaintiffs rely on the following supporting documents: 1) Declaration of Jonathan R. Nelson; 2) Declaration of Sujata S. Gibson; 3) Memorandum of Law in Support of Plaintiff’s Motion for Attorneys’ Fees and Costs; 4) Itemized Statement of Costs and Expenses, attached as Exhibit 1 to each declaration respectively; and 4) Bill of Costs awarded to the Plaintiffs; attached as Exhibit 2. The billing rates for the attorneys and legal assistants involved in this case are as follows: 1 FILED: RICHMOND COUNTY CLERK 01/16/2024 04:07 PM INDEX NO. 85035/2023 Case 1:21-cv-07863-NRB Document 197 NYSCEF DOC. NO. 168 190 Filed 09/24/22 09/13/22 Page 2 of 3NYSCEF: 01/16/2024 RECEIVED Name Role Hourly Rate Jonathan R. Nelson Attorney $550.00 Barry Black Attorney $550.00 John Madden Attorney $550.00 Sujata Gibson Attorney $550.00 Sarah Child Attorney $350.00 Sujata Ramaiah Attorney $300.00 Brandon Babwah Paralegal $135.00 The total number of hours expended for this case is worth $548,969.24 in attorneys’ fees and costs incurred by all Plaintiffs’ firms through November 2021, when the Second Circuit issued injunctive relief. After exercising billing judgment, as of the time of the filing and service of this Motion, Plaintiffs seek attorneys’ fees $492,609.72 (a reduction of 8.9%). These attorneys’ fees relate exclusively to the attorney and paralegal time incurred to prevail on their first motions for injunctive relief and necessary and customary costs as set forth in the itemized statements and declarations accompanying this motion. Plaintiffs reserve the right to supplement this motion to seek additional attorneys’ fees, if needed. WHEREFORE, Plaintiffs respectfully request that this Court grant the instant Motion. Dated: New York, New York 2 FILED: RICHMOND COUNTY CLERK 01/16/2024 04:07 PM INDEX NO. 85035/2023 Case 1:21-cv-07863-NRB Document 197 NYSCEF DOC. NO. 168 190 Filed 09/24/22 09/13/22 Page 3 of 3NYSCEF: 01/16/2024 RECEIVED September 13, 2022 Respectfully submitted, NELSON MADDEN BLACK LLP Attorneys for Keil Plaintiffs and the Class /s/ Jonathan R. Nelson By: Jonathan Robert Nelson (JN8796) 475 Park Avenue South, Suite 2800 New York, NY 10016 (212) 382-4300 jnelson@nelsonmaddenblack.com GIBSON LAW FIRM, PLLC Attorney for Kane Plaintiffs and the Class /s/ Sujata S. Gibson Sujata S. Gibson Gibson Law Firm, PLLC 832 Hanshaw Rd, Suite A Ithaca, NY 14850 (607) 327-4125 sujata@gibsonfirm.law 3 FILED: RICHMOND COUNTY CLERK 01/16/2024 04:07 PM INDEX NO. 85035/2023 Case 1:21-cv-07863-NRB Document 200 Filed 09/26/22 Page NYSCEF DOC. NO. 168 1 of 6NYSCEF: 01/16/2024 RECEIVED UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ----------------------------------------------------------------X : MICHAEL KANE, et al., : : Plaintiffs, : : - against - : Case No. 21-cv-7863 (NRB) : (Lead) BILL DE BLASIO, et al., : : Defendants. : ----------------------------------------------------------------X : MATTHEW KEIL, et al. : : Plaintiffs, : : - against - : : Case No. 21-cv-8773 (NRB) THE CITY OF NEW YORK, et al., : : Defendants. : ----------------------------------------------------------------X DECLARATION OF SUJATA S. GIBSON, ESQ. IN SUPPORT OF PLAINTIFFS’ MOTION FOR ATTORNEYS’ FEES AND COSTS SUJATA S. GIBSON, ESQ., an attorney admitted to practice before this Court, declares under penalty of perjury, pursuant to 28 U.S.C. § 1746, that the following is true: 1. I am filing this declaration in support of the attached motion for fees to demonstrate the reasonableness both of my hourly rate and of the total amount of compensable time that I incurred in this case. Background 2. I am the lead attorney on Kane v. de Blasio, and have worked on all aspects of the Kane case since its origin. 3. I graduated from the University of Pennsylvania Law School in 2007. 1 FILED: RICHMOND COUNTY CLERK 01/16/2024 04:07 PM INDEX NO. 85035/2023 Case 1:21-cv-07863-NRB Document 200 Filed 09/26/22 Page NYSCEF DOC. NO. 168 2 of 6NYSCEF: 01/16/2024 RECEIVED 4. From the time I graduated law school in 2007 until the present, I have worked as a litigator in federal and state court. 5. I am the principal attorney at the Gibson Law Firm, PLLC, and I practice almost exclusively in the areas of civil rights, religious and medical accommodations, and movement law. 6. In addition, I teach part time as an adjunct professor at Cornell Law School, also in the areas of civil rights and movement law. 7. I am admitted to practice in the state of New York; the United States Supreme Court, the United States Court of Appeal for the Second Circuit; and in the Eastern, Western and Northern Districts of New York. I have also made pro hac vice appearances in other federal district courts, for example in this case, where I am admitted pro hac vice in the Southern District of New York. 8. For the bars and courts in which I have been admitted, I am a member in good standing and there are no grievances or other disciplinary proceedings pending against me. In addition, no court has ever censured, disbarred, suspended, or held me in contempt. Preclusion of Other Employment 9. By accepting the present case, I was precluded from taking on other representation. 10. This case imposed weighty time limitations on my schedule since it has lasted over a year, and required extensive briefing and appearances in the district court and Court of Appeals, much of it on an extremely expedited schedule. 11. The myriad constitutional challenges necessitated by Defendants’ religious accommodation policies and practices, and the added complexity of the intended impact of 2 FILED: RICHMOND COUNTY CLERK 01/16/2024 04:07 PM INDEX NO. 85035/2023 Case 1:21-cv-07863-NRB Document 200 Filed 09/26/22 Page NYSCEF DOC. NO. 168 3 of 6NYSCEF: 01/16/2024 RECEIVED this litigation, brought by a movement of impacted teachers and educators, required substantial attorney and paralegal time, which precluded me from working on other matters. 12. Since taking this case, I intentionally declined to offer a website for my firm, to lessen the volume of inquiries from potential clients, and have set up a phone service with standing instructions to tell potential clients who find me that I am not taking any new cases. Hundreds of potential clients have requested to retain me at my normal hourly rates of $550 an hour. I have had to turn most of them down. 13. For most attorneys, this case would have been undesirable to undertake because it lacked a guaranteed fee, it involves vaccines, which are a hot-button political topic, and it requires litigation against the City of New York and its army of attorneys. Reasonableness of Hourly Rate 14. I have investigated and obtained information to familiarize myself with the hourly billing rates of attorneys with skill and experience in the First Amendment area of law who practice in the New York area. 15. My billing rate of $550 per hour in this case is consistent with or below the prevailing market rate in the Southern District of New York, where many attorneys of my experience will bill much more than $550 per hour to litigate a complex First Amendment case. 16. My firm’s billing rates of $300 per hour for associate time, and $135 for billable paralegal time are also at or below prevailing market rates in the Southern District of New York. 17. These rates are also consistent with rates awarded to attorneys in similar cases in this jurisdiction and is reasonable in light of my experience in constitutional and civil rights 3 FILED: RICHMOND COUNTY CLERK 01/16/2024 04:07 PM INDEX NO. 85035/2023 Case 1:21-cv-07863-NRB Document 200 Filed 09/26/22 Page NYSCEF DOC. NO. 168 4 of 6NYSCEF: 01/16/2024 RECEIVED law. The concurrently filed declaration of Andrew C. Hruska, Esq. attests to the local billing rates for similar matters. 18. The hourly billing rates charged are particularly low considering that this case is on contingency, and there is no guaranteed fee. 19. Few attorneys practice constitutional litigation, and ever fewer specialize in the intersection between religion, medical freedom, and civil rights, as I do. Of these, most are unable to take on litigation like this without a guaranteed fee. 20. Plaintiffs would not have been able to bring this case without the prospect of reasonable attorney’s fees and costs being awarded. Reasonableness of Time and Expenses Incurred 21. The concurrently filed itemized statement attached as Exhibit 1 sets forth my firm’s task- based time based upon contemporaneous time records I kept as I and other members of my firm performed the work. I have exercised billing judgment by reducing unreasonable time expenditures. These reductions are individually documented in the itemized statement. 22. The total time that my Gibson Law Firm, PLLC colleagues and I incurred on this case before this Court and the circuit court, prior to and leading up to the Second Circuit judgment in which we prevailed, was 605.4 hours ($250,972.00). After I reviewed our time and exercised critical billing judgment on all attorney and paralegal time, this amount was reduced to 561.90 hours. At a billing rate of $550 per hour for myself, $300 per hour for my Of Counsel attorney Sujata Ramaiah, and $135 per hour for our paralegal, this results in a current amount of $242,280.00 in fees that is fairly claimed against Defendants. 4 FILED: RICHMOND COUNTY CLERK 01/16/2024 04:07 PM INDEX NO. 85035/2023 Case 1:21-cv-07863-NRB Document 200 Filed 09/26/22 Page NYSCEF DOC. NO. 168 5 of 6NYSCEF: 01/16/2024 RECEIVED 23. I certify that Exhibit 1 is accurate and complete, and that the unredacted time reflected in the invoice was reasonable, necessary and appropriate to achieve the results in this case. 24. The law firm of Nelson, Madden, Black served initially as an ally to my firm in pursuing parallel litigation in the Keil litigation, and then as a colleague once the Keil and Kane cases consolidated at the direction of the district court. Mr. Nelson’s affidavit, which I endorse, separately addresses the amount of time that his firm devoted to this case and the reasonableness of their adjusted and redacted bills, which are adjusted to 560.94. 25. To reduce the amount of time that would be needed on the appeals, our firms collaborated to research, brief and orally argue the appellate motions that we won. 26. On November 28, 2021, the circuit court issued its order granting relief to the Plaintiffs and remanding the case to the district court. 27. Though our matters were heard together on appeal, each firm had to prepare, bind, print and serve copies of their own voluminous appendices and briefings on an extremely expedited basis. The expedited nature of this matter required my firm to retain Counsel Press for paralegal and services that might ordinarily be handled in house. 28. The Kane Plaintiffs were awarded a Bill of Costs by the circuit court that was filed with the district court. A copy of it is attached as Exhibit 2. To date, these costs have not been paid by defendants. 29. Though the Bill of Costs will pay some of the costs of these appeals, the total expenses my firm paid to Counsel Press, and for docketing, transcript and filing fees, along with binding, service of process, and substantial fees to expedite the motion and merits briefing, amount to $19,927.53. 5 FILED: RICHMOND COUNTY CLERK 01/16/2024 04:07 PM INDEX NO. 85035/2023 Case 1:21-cv-07863-NRB Document 200 Filed 09/26/22 Page NYSCEF DOC. NO. 168 6 of 6NYSCEF: 01/16/2024 RECEIVED 30. Such expenses are reasonable and not normally absorbed as a part of a law firm’s overhead, but are the type normally billed to a client and are reasonable and appropriate for this type of case. Nonetheless, my firm has exercised billing judgment to write these additional fees off of our attached bills. 31. As summarized in Exhibit 1 of Attorney Nelson’s annexed declaration, the total fees and expenses incurred by Nelson Madden Black LLP through November 28, 2021 for the district and circuit courts before reductions were $278,069.71. The Gibson Law Firm, PLLC’s total fees and expenses, before reduction, were $270,899.53. The total fees and expenses for the district and circuit courts after reductions are $250,329.72 for Nelson Madden Black LLP, and $242,280.00 for the Gibson Law Firm, PLLC. I certify the figures for our firm to be complete (as adjusted) and accurate. Plaintiffs are thus seeking the total sum of $492,609.72 from Defendants in the instant motion Dated: Ithaca, New York September 13, 2022 Respectfully submitted, /s/Sujata S. Gibson Sujata S. Gibson, Esq. 6 FILED: RICHMOND COUNTY CLERK 01/16/2024 04:07 PM INDEX NO. 85035/2023 Case 1:21-cv-07863-NRB Document 200-1 Filed 09/26/22 RECEIVED NYSCEF DOC. NO. 168 Page 1 ofNYSCEF: 4 01/16/2024 User Matter Date Note Quantity Rate Total Paralegal. Emails with attorney Gibson. Emails with plaintiffs. Prepare Paralegal Kane v. de Blasio 9/7/2021 template for interview notes. 0.9 135 121.5 Paralegal. Emails with attorney Gibson, emails, calls scheduling Paralegal Kane v. de Blasio 9/9/2021 interviews with plaintiffs. 1.6 135 216 Paralegal Kane v. de Blasio 9/9/2021 Paralegal. Interviewing plaintiffs, taking notes 1.5 135 202.5 Paralegal Kane v. de Blasio 9/9/2021 Paralegal time: Calling and Interviewing plaintiffs, taking notes 1.1 135 148.5 Paralegal: Calling, texting, scheduling plaintiff interviews, conduct interviews, taking notes, transcribing interviews, emails with attorney Paralegal Kane v. de Blasio 9/11/2021 Gibson and plaintiffs. 12.5 135 1687.5 Paralegal: Calling, texting, scheduling plaintiff interviews, conduct interviews, taking notes, transcribing interviews, emails with attorney Paralegal Kane v. de Blasio 9/12/2021 Gibson and plaintiffs 7.2 135 972 Paralegal. Calling, texting, scheduling plaintiff interviews, conduct interviews, taking notes, transcribing interviews, emails with attorney Paralegal Kane v. de Blasio 9/13/2021 Gibson and plaintiffs 6.4 135 864 Paralegal. Calling, texting, scheduling plaintiff interviews, conduct interviews, taking notes, transcribing interviews, emails with attorney Paralegal Kane v. de Blasio 9/14/2021 Gibson and plaintiffs 8.6 135 1161 Paralegal: Calling, texting, scheduling plaintiff interviews, conduct interviews, taking notes, emails with attorney Gibson and plaintiffs, Paralegal Kane v. de Blasio 9/15/2021 review and assist with exemption letters 8.7 135 1174.5 Paralegal: Calling, texting, scheduling plaintiff interviews, conduct interviews, taking notes, emails with attorney Gibson and plaintiffs, Paralegal Kane v. de Blasio 9/16/2021 review and assist with exemption letters 8.9 135 1201.5 Paralegal: Calling, texting, scheduling plaintiff interviews, conduct interviews, taking notes, emails with attorney Gibson and plaintiffs, Paralegal Kane v. de Blasio 9/17/2021 review and assist with exemption letters. 7.3 135 985.5 Paralegal Kane v. de Blasio 9/17/2021 Paralegal: legal research re staten island business suit. 0.6 135 81 Paralegal: calling, texting plaintiffs, coach & assist plaintiffs with religious exemption letter writing, take notes, transcribing interviews/narratives, Paralegal Kane v. de Blasio 9/18/2021 emails with attorney Gibson and plaintiffs 8.1 135 1093.5 Paralegal: legal research and analysis of municipal labor coalition cases re Paralegal Kane v. de Blasio 9/18/2021 mandates. 1.3 135 175.5 Paralegal time: Calling, texting plaintiffs, coach and assist with exemption Paralegal Kane v. de Blasio 9/19/2021 letters, transcribe interview notes for attorney Gibson, draft narratives. 12.1 135 1633.5 Paralegal time: Fact research. Research and prepare pro hac vice motion, update plaintiff spreadsheets, finalize exemption letter drafts with Paralegal Kane v. de Blasio 9/20/2021 plaintiffs, communications with clients, legal team. 8.6 135 1161 Paralegal Kane v. de Blasio 9/21/2021 Communications with attorney Gibson and Plaintiffs. 1.6 135 200 Research service requirements for NYC Mayor, DOH Commissioner, and Dept of Ed. Paralegal Kane v. de Blasio 9/21/2021 prepare summonses 2.2 135 275 Paralegal time: meetings with attorney Gibson and Plaintiffs to gather Paralegal Kane v. de Blasio 9/22/2021 facts for emergency motion and prepare for arbitration award appeals. 2.3 135 310.5 Paralegal Kane v. de Blasio 9/22/2021 Paralegal: draft notice of appearance 0.2 135 27 Paralegal: legal research - find and analyze related cases arising from NYC Paralegal Kane v. de Blasio 9/23/2021 mandates. Meet with attorney re same. 0.7 135 94.5 Paralegal Kane v. de Blasio 9/24/2021 Paralegal: emails, texts with attorney and plaintiffs. 0.7 135 94.5 Paralegal Kane v. de Blasio 9/24/2021 Paralegal: legal research re related First Amendment cases. 0.6 135 81 Paralegal: Research service requirements for NYC Mayor, DOH Commissiner, and Dept of Ed. Paralegal Kane v. de Blasio 9/24/2021 prepare summonses 2.2 135 297 Paralegal: research SDNY local rules, draft Paralegal Kane v. de Blasio 9/24/2021 notice of appearance 1 135 135 Paralegal. Phone Conference w Atty Gibson re: expert declarations. Fact Paralegal Kane v. de Blasio 9/24/2021 research re same. 2.3 135 310.5 Paralegal Kane v. de Blasio 9/25/2021 Paralegal: emails, texts, calls with plaintiffs and attorneys. 0.5 135 67.5 Paralegal Kane v. de Blasio 9/26/2021 Paralegal: emails, texts, calls with plaintiffs and attorneys. 0.6 135 81 Paralegal: Cals, emails, texts with attorney Gibson and plaintiffs re media coverage with Fox & Friends and Latino Epoch Times. Prep with clients.] Paralegal Kane v. de Blasio 9/28/2021 3.2 135 432 FILED: RICHMOND COUNTY CLERK 01/16/2024 04:07 PM INDEX NO. 85035/2023 Case 1:21-cv-07863-NRB Document 200-1 Filed 09/26/22 RECEIVED NYSCEF DOC. NO. 168 Page 2 ofNYSCEF: 4 01/16/2024 Paralegal: communications with attorney and plaintiffs in preparation for Paralegal Kane v. de Blasio 9/29/2021 motion. 1.6 135 216 Paralegal Kane v. de Blasio 9/30/2021 Paralegal: emails, texts, calls with plaintiffs and attorneys. 2.3 135 310.5 [Redact - Paralegal: Calls, texts and emails with attorney Gibson and plaintiffs Connect with the Epoch Times and Latino Epoch Times, Paralegal Kane v. de Blasio 10/1/2021 coordinate interviews with plaintiffs, prep plaintiffs] 3.2 135 432 [Redact - Paralegal: calls, texts and emails with attorney Gibson and plaintiffs. Connect with Fox & Friends contact and coordinate interviews with plaintiffs, prep plaintiffs. Gather, prepare and edit declarations Paralegal Kane v. de Blasio 10/2/2021 plaintiffs]. 10.7 135 1444.5 Paralegal: phone conferences with Attorney Gibson. Prepare first draft of Paralegal Kane v. de Blasio 10/2/2021 declaration of expert Dr. Marty Makary. 2.3 135 310.5 Paralegal: meetings with attorney and each client to prepare for preliminary injunction hearing. Gather facts, prepare and edit declarations, follow up meetings with attorneys re edits, follow up Paralegal Kane v. de Blasio 10/3/2021 meetings with each plaintiff to get them signed. 14 135 1890 Paralegal: Service of Emergency Motion to NYC Mayor DOHMH, DOE, draft Affidavit of Paralegal Kane v. de Blasio 10/4/2021 Service, research local rules 1.3 135 175.5 [REDACT Paralegal Time. Text, call and coach plaintiff on how to print and sign declaration. Call, text and email with Fox & Friends contact and producer, coordinate interviews as one plaintiff changed her mind, prep different plaintiff. Email plaintiffs and attorney Gibson re: summaries Paralegal Kane v. de Blasio 10/4/2021 Update contact list plaintiffs]. 4.7 135 634.5 Paralegal Time: arrange for service of emergency motion on NYC Mayor DOHMH, DOE, draft Affidavit of Paralegal Kane v. de Blasio 10/4/2021 Service, research local rules. 1.3 135 175.5 Paralegal time: Coordinate with plaintiffs and counsel to prepare for and Paralegal Kane v. de Blasio 10/5/2021 get information out about hearing. 2 135 270 Paralegal: arrange for service of Summons+Complaint on three Defendants. Conference with attorney Ramaiah re factual investigation for preliminary injunction Paralegal Kane v. de Blasio 10/5/2021 motion. 1.1 135 148.5 Paralegal. Email, text and calls to plaintiffs & attorney Gibson, prepare Paralegal Kane v. de Blasio 10/7/2021 and edit declaration 2.1 135 283.5 Paralegal Kane v. de Blasio 10/7/2021 Paralegal: Attend to service issues and filing of affidavits. 1.7 135 229.5 Paralegal: edit attorney declaration and analyze pleadings to ensure all Paralegal Kane v. de Blasio 10/7/2021 exhibits are included. 1.3 135 175.5 Paralegal: Email, text and calls to plaintiffs and attorney Gibson, gather witness Paralegal Kane v. de Blasio 10/8/2021 information 2.3 135 310.5 Paralegal. Meetings with attorney and clients. Fact investigation for Paralegal Kane v. de Blasio 10/9/2021 preliminary injunction motion. 1.6 135 216 Paralegal Kane v. de Blasio 10/11/2021 Paralegal: emails, texts, calls with plaintiffs and attorneys. 2.1 135 283.5 Paralegal. Emails and calls with attorney and plaintiffs re fact Paralegal Kane v. de Blasio 10/11/2021 investigation and preparation for motion. 1.9 135 256.5 Paralegal Kane v. de Blasio 10/12/2021 Paralegal. Meetings with plaintiffs and attorney following hearing. 1.2 135 162 Paralegal Kane v. de Blasio 10/14/2021 Emails and calls with attorney and plaintiffs re appeal. 0.9 135 121.5 Paralegal Kane v. de Blasio 10/15/2021 Emails with attorney and plaintiffs. 0.3 135 40.5 Research re citations. Emails with attorney and plaintiffs re emergency Paralegal Kane v. de Blasio 10/26/2021 motion. 1.3 135 175.5 Paralegal Kane v. de Blasio 10/29/2021 Emails with attorney and clients re expedited briefing. 0.3 135 40.5 Case workup - meetings with teachers for choice, fact investigation. Sujata Gibson Kane v. de Blasio 8/27/2021 Prepare outline of issues. 7.9 550 4345 Prepare for phone call with Michael Kane suit. Review plaintiffs. Review Sujata Gibson Kane v. de Blasio 8/29/2021 case law. Phone call with plaintiff Kane. Follow up research. 2.1 550 1155 Sujata Gibson Kane v. de Blasio 8/30/2021 Finish reviewing potential plaintiffs. Email plaintiff Kane. 2.5 550 1375 Sujata Gibson Kane v. de Blasio 9/6/2021 Legal research re first amendment claims. Email plaintiffs. 2.3 550 1265 Legal research. Review plaintiff summaries from paralegal. Begin drafting Sujata Gibson Kane v. de Blasio 9/9/2021 complaint. 1.9 550 1045 Coordinate with paralegal. Legal and fact research. conversations with Sujata Gibson Kane v. de Blasio 9/11/2021 Michael Kane re suit. 5.6 550 3080 FILED: RICHMOND COUNTY CLERK 01/16/2024 04:07 PM INDEX NO. 85035/2023 Case 1:21-cv-07863-NRB Document 200-1 Filed 09/26/22 RECEIVED NYSCEF DOC. NO. 168 Page 3 ofNYSCEF: 4 01/16/2024 Legal research. Review plaintiff summaries from paralegal. Continue Sujata Gibson Kane v. de Blasio 9/12/2021 drafting complaint. 3.7 550 2035 Phone calls with clients, paralegal. Legal research re developments in Sujata Gibson Kane v. de Blasio 9/14/2021 related suits. 3.1 550 1705 Review additional plaintiffs vetted by paralegal and respond to emails and correspondence. Identify parties and begin drafting complaint. Sujata Gibson Kane v. de Blasio 9/16/2021 Communicate with paralegal re reviewing religious exemptions. 13.8 550 7590 Legal research. Work with plaintiffs on articulating their religious Sujata Gibson Kane v. de Blasio 9/17/2021 objections. Finish first draft of complaint. 11.4 550 6270 Legal and fact research. Emails with clients and paralegal. Finish draft of Sujata Gibson Kane v. de Blasio 9/18/2021 complaint. 12.1 550 3025 Sujata Gibson Kane v. de Blasio 9/20/2021 Finish editing complaint. 9.6 550 5280 Finish edits to complaint. Prepare cover sheet, summons documents and Sujata Gibson Kane v. de Blasio 9/21/2021 arrange for filing and service. File. Follow up emails. 5.2 550 2860 Review filings. Emails with plaintiffs. Review and file summonses. Sujata Gibson Kane v. de Blasio 9/22/2021 Communicate with court and paralegals. 2.6 550 650 Prepare for and attend arbitration appeals with several plaintiffs. Phone Sujata Gibson Kane v. de Blasio 10/1/2021 meetings re same. Begin drafting motion for emergency relief. 4.6 550 2530 Phone calls, emails and fact research re expert affidavits. Finalize draft of affidavit for Dr. Makary and send. Legal research. Draft memo of law. Sujata Gibson Kane v. de Blasio 10/2/2021 Coordinate on more affidavits. 17.3 550 9515 Witness interviews, fact investigation, work with staff on declaration gathering process. Meet with experts. Draft expert declaration draft. Sujata Gibson Kane v. de Blasio 10/3/2021 Coordinate with plaintiffs. 18.4 550 10120 Legal research, writing and meetings for preliminary injunction deadline Sujata Gibson Kane v. de Blasio 10/6/2021 Thursday. 5.1 550 2805 Legal research re new arbitration issue, waiver and standing. Factual research re labor contracts and waiver clauses. Meetings with Attorney Sujata Gibson Kane v. de Blasio 10/7/2021 Sussman and Holland. Begin drafting memorandum of law. 10.7 550 5885 Sujata Gibson Kane v. de Blasio 10/11/2021 Prepare for oral argument. Moot sessions and research. 5.4 550 2970 Finish oral argument prep. Attend oral arguments. Follow up meetings with attorneys. Follow up meetings with clients. Begin legal research re Sujata Gibson Kane v. de Blasio 10/12/2021 appeal. 7.2 550 3960 Meet with clients. Emails with clients. Legal research re standing. Meet Sujata Gibson Kane v. de Blasio 10/13/2021 with Attorney Ramaiah. 3.1 550 1705 Sujata Gibson Kane v. de Blasio 10/13/2021 Meeting with attorney and some plaintiffs re emergency appeal. 1 550 550 Review transcript and cases cited by Judge. Outline argument for appeal. Sujata Gibson Kane v. de Blasio 10/21/2021 Phone call with clients and attorneys. Fact investigation re waiver. 2.6 550 1430 Sujata Gibson Kane v. de Blasio 10/22/2021 Begin drafting Second Circuit emergency motion. 7.5 550 4125 Finish legal research re standing. Continue legal research re rebuttal of district court's case citations. Continue drafting emergency motion. Sujata Gibson Kane v. de Blasio 10/23/2021 Emails with co-counsel re same. 10.6 550 5830 Finish legal research for motion. Finish draft of emergency motion. Sujata Gibson Kane v. de Blasio 10/24/2021 Meetings with clients and counsel re same. Edit and finalize motion. 20.2 550 11110 Draft notice of appeal. Research Second Circuit local rules and prepare outline of steps for emergency relief. Draft and edit table of contents and Sujata Gibson Kane v. de Blasio 10/25/2021 table of authorities. 2.9 550 1595 Finish drafting and editing motion to second circuit. Cut 2000 words. Additional research and drafting. Work with counsel press and paralegals Sujata Gibson Kane v. de Blasio 10/26/2021 to finalize and file. 14.8 550 8140 Review submission from opposing counsel on appeal. Review denial. Sujata Gibson Kane v. de Blasio 10/28/2021 Emails with attorneys and plaintiffs. 0.9 550 495 Conference with Keil matter attorneys. Analyze orders below and in Sujata Gibson Kane v. de Blasio 10/29/2021 Second Circuit. Legal research re same. 4.3 550 2365 Conference call with Keil attorneys. Review and analyze pleadings in second circuit - new opposition papers, our initial submission and Keil Sujata Gibson Kane v. de Blasio 11/2/2021 submission. Draft list of contested points. Begin research re same. 2.8 550 1540 Continue analyzing contested points and research case law re same. Sujata Gibson Kane v. de Blasio 11/3/2021 Meetings with plaintiffs. 2.3 550 1265 Sujata Gibson Kane v. de Blasio 11/3/2021 [Redacted - EEOC related]. 0.6 550 330 Finish legal research. Calls with opposing counsel and plaintiffs. Draft Sujata Gibson Kane v. de Blasio 11/4/2021 reply. Continue editing reply. Calls with counsel press re finalization. 23.2 550 12760 FILED: RICHMOND COUNTY CLERK 01/16/2024 04:07 PM INDEX NO. 85035/2023 Case 1:21-cv-07863-NRB Document 200-1 Filed 09/26/22 RECEIVED NYSCEF DOC. NO. 168 Page 4 ofNYSCEF: 4 01/16/2024 Finish and finalize reply. Review and analyze reply brief submitted by Keil Sujata Gibson Kane v. de Blasio 11/5/2021 plaintiffs. Attorney and plaintiff meetings re same. 5.1 550 2805 Begin reviewing legal arguments added by Keil plaintiffs. Phone calls with Sujata Gibson Kane v. de Blasio 11/8/2021 plaintiffs and opposing counsel. 2.1 550 1155