Case 2:01-cv JS-ARL Document Filed 10/19/11 Page 1 of 7 PageID #: Defendant.

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1 Case 2:01-cv JS-ARL Document Filed 10/19/11 Page 1 of 7 PageID #: 5525 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK ROBERT I. TOUSSIE, and CHANDLER PROPERTY, INC., Plaintiffs, COUNTY OF SUFFOLK, -against- Defendant. 01 Civ (JS) (ARL) CONSOLIDATED ROBERT I. TOUSSIE, LAURA TOUSSIE, ELIZABETH TOUSSIE, MICHAEL I. TOUSSIE, PRAND CORP. f/k/a CHANDLER PROPERTY, INC., ARTHUR A. ARNSTEIN CORP., TOUSSIE LAND ACQUISITION & SALES CORP., and TOUSSIE DEVELOPMENT CORP., Plaintiffs, -against- 05 Civ (JS) (ARL) COUNTY OF SUFFOLK, Defendant. DECLARATION OF SCOTT S. BALBER IN SUPPORT OF PLAINTIFF'S MOTION FOR ATTORNEYS' FEES SCOTT S. BALBER, hereby declares under penalty of perjury pursuant to 28 U.S.C. 1746, as follows: 1. I am a partner at the law firm of Chadbourne & Parke LLP ("Chadbourne"), attorneys for Robert I. Toussie ("Plaintiff'). I make this declaration in support of Plaintiff's motion for attorneys' fees. I have personal knowledge of the facts set forth herein. 2. On August 26, 2011, the trial in this action concluded and the jury rendered its

2 Case 2:01-cv JS-ARL Document Filed 10/19/11 Page 2 of 7 PageID #: 5526 verdict in favor of the Plaintiff on the Claims (Counts I and V of the 2005 Action).' (D.E. #323.) 3. On September 30, 2011, Judgment was entered in favor of the Plaintiff on the Claims. (D.E. #324.) 4. As set forth in the Memorandum of Law in Support of Plaintiff's motion for attorneys' fees, Plaintiff as prevailing party is entitled to an award of attorneys' fees under 28 U.S.C Attorneys' Fees 5. Plaintiff seeks $2,794, in attorneys' fees, representing the total amount of applicable fees reflected in paragraph 7 herein ($2,816,314.50) less the $21,385 previously awarded to Plaintiff by this Court's May 30, 2011 Order in connection with Plaintiff's successful sanctions motion.' (D.E. #241.) 6. To calculate the attorneys' fees sought herein, all fees that were not reasonably related to the Claims were excluded and redacted from the invoices attached hereto. 7. The following reflects the total number of hours and corresponding fees for each of the firms and the individual attorneys, which reasonably relate to the Claims: Unless otherwise indicated, all defined terms herein shall have the same meaning as those set forth in the Memorandum of Law In Support of Plaintiff's Motion for Attorneys' Fees. 2 Plaintiff has omitted fees incurred for all paralegal and litigation support time, except for critical and substantive trial support by senior paralegal Lissette Mendoza. 2

3 Case 2:01-cv JS-ARL Document Filed 10/19/11 Page 3 of 7 PageID #: 5527 Williams & Connolly Joseph G. Petrosinelli - Partner: $13, (19.25 hours) Paul Mogin - Partner: $91, (131.5 hours) Todd F. Braunstein - Associate: $26, (64.25 hours) Total: $131, Hamburger, Maxson, Yaffe, Knauer & McNally, LLP Richard Hamburger - Partner: $11,100 (26.5 hours) David N. Yaffe - Partner: $1,610 (4.6 hours) Total: $12,710 McDermott Will & Emery Abbe Lowell - Partner: $18,709 (21.8 hours) Total: $18,709 Chadbourne & Parke LLP 3 Scott Balber - Partner: $664,143 (903 hours) Abbe Lowell - Partner: $506,787 (573.4 hours) Jonathan Cross - Counsel (11 years): $70, (108.7 hours) Emily Abrahams - Associate (Sixth year): $428,519 (720.2 hours) Nicole Hunn - Associate (Fifth-Sixth years): $237, (402.5 hours) Amy E. Nelson - Associate (Fifth year): $26, (45.1 hours) J. Carson Pulley - Associate (First-Sixth years): $204, ( hours) 3 The number of associates who billed time to the 2005 Action reflects the extended duration of this case, during which attorneys left the firm or were otherwise unable to continue working on the case. 3

4 Case 2:01-cv JS-ARL Document Filed 10/19/11 Page 4 of 7 PageID #: 5528 Stacey Trimmer - Associate (First year): $66, (176.3 hours) Kimberly Zafran - Associate (Third year): $370, (748.7 hours) Lissette Mendoza - Paralegal: $78,975 (315.9 hours) Total: $2,653, Attorneys' Rates and Skill/Experience 8. The attorneys' fees set forth in paragraph 7 were calculated using the current hourly rates of attorneys with the same experience. Several attorneys worked on this case from 2005 through 2011, and as such, the hourly rate has changed over a six year time period. A. Williams & Connolly 9. The current rates for Williams & Connolly attorneys were provided by that firm's Billing Coordinator Marcy Skelley. 10. Joseph G. Petrosinelli is a partner with 20 years of experience and his current hourly rate is $690, which rate was applied to the time he spent on the case throughout Mr. Petrosinelli's attorney bio is attached hereto as Exhibit Paul Mogin is a partner with over 30 years of experience and his current hourly rate is $695, which rate was applied to the time he spent on the case throughout Mr. Mogin's attorney bio is attached hereto as Exhibit Todd F. Braunstein was a fourth year associate at Williams in The current rate for a fourth year associate at Williams is $415, which rate was applied to his time spent on the case throughout Mr. Braunstein is no longer employed by Williams, and thus his attorney bio is unavailable. B. Hamburger, Maxson, Yaffe, Knauer & McNally, LLP 4

5 Case 2:01-cv JS-ARL Document Filed 10/19/11 Page 5 of 7 PageID #: The current rates for Hamburger attorneys were provided by that firm's Office Manager, Caroline Pumilia. 14. Richard Hamburger spent time relevant to this case from , and in Mr. Hamburger is a partner with 34 years of experience and his current hourly rate is $440, which rate was applied to the time he spent on the case in Mr. Hamburger's attorney bio is attached hereto as Exhibit David N. Yaffe spent time relevant to this case in Mr. Yaffe is a partner with 23 years of experience and his current hourly rate is $350, which rate was applied to the applicable time he spent on the case. Mr. Yaffe's attorney bio is attached hereto as Exhibit 2. C. Trial Team 16. Abbe David Lowell spent time on this case while at Chadbourne and McDermott from 2006 through the present. Mr. Lowell's current hourly rate is $905 per hour, which rate was applied to the time he spent on the case in The current hourly rate for a partner with Mr. Lowell's experience from 2006 to 2007 is approximately $855, which rate was applied to the time Mr. Lowell spent on the case for those years. Mr. Lowell did not bill any relevant time to this case from 2008 through These rates are reasonable based on Mr. Lowell's 34 years of experience, his reputation in the field, as well as his particular expertise in constitutional cases and cases against government entities. Mr. Lowell's attorney bio is attached hereto as Exhibit I have spent time on this case from 2006 until the present. My current hourly rate is $795, which rate was applied to the time I spent on the case from April 2011 through August I had no relevant time entries in The current hourly rate for a partner at Chadbourne with my level of experience from 2006 through 2008 is approximately $735 per 5

6 Case 2:01-cv JS-ARL Document Filed 10/19/11 Page 6 of 7 PageID #: 5530 hour, which rate was applied to the time I spent on this case in those years. These rates are reasonable because I am a partner with 17 years of experience, extensive trial practice, and expertise in cases involving government entities. My attorney bio is attached hereto as Exhibit The current hourly rate for Jonathan Cross is $645, which is a reasonable rate for a counsel with 11 years experience and prior representation of Plaintiff. Mr. Cross's attorney bio is attached hereto as Exhibit The rates for the two associates involved at the trial of this action, both of whom have significant trial experience for their respective class years, are reasonable. Emily Abrahams was a sixth year associate with a rate of $595 per hour during her time on the case throughout Kimberly Zafran was a third year associate with a rate of $495 per hour. Ms. Abrahams's attorney bio is attached hereto as Exhibit 3 and Ms. Zafran's attorney bio is also attached hereto as Exhibit The current hourly rate for Lissette Mendoza, the senior paralegal who provided critical and substantive trial support, is $250. D. Attorneys Involved Prior to Trial year associate. 21. Nicole Hunn worked on this case from 2006 through 2007, as a fifth and sixth 22. Amy Nelson worked on this case in 2006 as a fifth year associate. 23. J. Carson Pulley worked on this case from 2006 through February 2011, as a first through sixth year associate. 24. The applicable current hourly rate has been applied to the entries of the associates 6

7 Case 2:01-cv JS-ARL Document Filed 10/19/11 Page 7 of 7 PageID #: 5531 listed in paragraphs based on their respective class year at the time of billing. 25. The applicable current hourly rates are as follows: First year: $375; Second year: $425; Third year: $495; Fourth year: $535; Fifth year: $585; Sixth year: $595; Seventh year: $ Stacey Trimmer worked on this case in 2011 only and therefore the current rates were those initially billed and no adjustment was made. 27. True and correct copies of the invoices and time records of Williams & Connolly reflecting $148, total in fees and expenses are attached hereto as Exhibit True and correct copies of the invoices and time records of Hamburger, Maxson, Yaffe, Knauer & McNally, LLP reflecting $25, total in fees and expenses are attached hereto as Exhibit True and correct copies of the invoices and time records of Chadbourne & Parke LLP reflecting $2,780, total in fees and expenses are attached hereto as Exhibit True and correct copies of the invoices and time records of McDermott Will & Emery LLP reflecting $77, total in fees and expenses are attached hereto as Exhibit 7. Exhibit True and correct copies of excerpts from the trial transcript are attached hereto as Dated: New York, New York October 19, Scott S. Balber