Case 5:11-cv OLG-JES-XR Document 873 Filed 08/23/13 Page 1 of 3

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9 Case 5:11-cv OLG-JES-XR Document Filed 08/23/13 Page 1 of 17 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION SHANNON PEREZ, et al., Plaintiffs, v. CIVIL ACTION NO. 11-CA-360-OLG-JES-XR STATE OF TEXAS, et al., [Lead Case] Defendants. MEXICAN AMERICAN LEGISLATIVE CAUCUS, TEXAS HOUSE OF REPRESENTATIVES, Plaintiffs, CIVIL ACTION NO. v. SA-11-CA-361-OLG-JES-XR [Consolidated Case] STATE OF TEXAS, et al., Defendants. TEXAS LATINO REDISTRICTING TASK FORCE, et al., Plaintiffs, CIVIL ACTION NO. v. SA-11-CA-490-OLG-JES-XR [Consolidated Case] RICK PERRY, Defendant. MARGARITA V. QUESADA, et al., Plaintiffs, v. CIVIL ACTION NO. SA-11-CA-592-OLG-JES-XR RICK PERRY, et al., [Consolidated Case] Defendants. EDDIE RODRIGUEZ, et al., Plaintiffs, v. CIVIL ACTION NO. SA-11-CA-635-OLG-JES-XR RICK PERRY, et al., [Consolidated Case] Defendants. 1

10 Case 5:11-cv OLG-JES-XR Document Filed 08/23/13 Page 2 of 17 DECLARATION OF MANUEL G. ESCOBAR, JR. Pursuant to 28 U.S.C. 1746, I, Luis Roberto Vera, Jr., declare that: 1. I am one of the attorneys who appear on the pleadings and assisted Mr. Vera in representing Plaintiffs League of United Latin American Citizens (LULAC) et al, (hereafter Plaintiffs ) in the above-captioned case. I make this Declaration in support of the Plaintiffs motion for an award of attorneys fees and expenses. 2. I received a degree from the University of California Berkley School of Law in 1981 and graduated from Yale University in I am a member of the State Bar of Texas. I am also a member of the bar of the United States Courts of Appeals for the Fifth Circuit and the United States District Court for the Southern District of Texas and the United States District Court for the Western District of Texas. 3. Following my graduation from law school, from 1981 until the present I have served as a trial attorney in both state and federal court and in 2010 I was appointed as the National Legal Advisor to the League of United Latin American Citizens (hereinafter LULAC). LULAC is the largest and oldest Latino advocacy and civil rights organization in the United States and the commonwealth of Puerto Rico. For the entire length of this litigation and during my service at LULAC I assisted Mr. Vera with research, writing of memorandum, edits of legal documents, and participated in the trial before the three judge court in San Antonio in this case. I also participated with Mr. Vera in negotiations, meetings and briefings with the Voting rights Section of the Department of Justice Civil Rights Division in Washington DC exclusively on this case 4. My private practice is both as a trial attorney and appeals in both state and federal court. My hourly rate on this case for assisting Mr. Vera is $ per hour, which is belw my hourly rate when I am the lead attorney in a case. Given the complexity and novelty of the 2

11 Case 5:11-cv OLG-JES-XR Document Filed 08/23/13 Page 3 of 17 issues, and the high visibility and importance of the case and my thirty two years experience as a trial attorney, that rate is very reasonable. 6. I have reviewed the summary of hours that Mr. Vera expended in this case that was attached to his Declaration and that summary is true and accurate. However I have chosen to limit my reikmbursement to only 40 hours despite the fact thjat I contributed well beyond 100 hours over the past three years in this case. I limit it to that time period wherein the triakl consumed most of my time together with Mr. Vera. This time breaks down as follows; Trial preparation. Trial Trial preparation. Trial. Work on offer of proof declaration Trial preparation. Trial Trial preparation. Trial Trial. Trial preparation. Plaintiffs counsel on division of labor Trial preparation. Trial. Review exhibits and witness outlines Trial preparation. Trial Trial preparation. Trial Trial preparation. Trial Trial preparation. Trial. Post trial meeting, debrief and make 6 Assign task for joint post trial brief 7. These activities in the case are maintained as business records in my law office. The hours expended were necessary in rendering legal services to the LULAC Plaintiffs in this case. I also have reviewed the listing of expenses included within Mr. Vera s Declaration and time sheets. Those expenses were out of pocket expenses necessarily incurred by LULAC to conduct the litigation in this case, and are of the type normally billed by me (and other law firms) to feepaying clients. 3

12 Case 5:11-cv OLG-JES-XR Document Filed 08/23/13 Page 4 of Counsel for the LULAC Plaintiffs has exercised reasonable billing judgment in this case. For example, I have excluded over 100 hours for which I could be compensated. Moreover, although at least one other attorneys worked on this case to assis LULAC, there are no excessive, redundant, or unnecessary hours included in the time detailed in this request for an award of attorneys fees, in fact only a modest billing of 40 hours are assessed for me, Manuel Escobar and Mr. Vera has elected not to bill for the services of attorney Justin Fisher. Total Due Manuel Escobar = 40 hours = $7, I declare under penalty of perjury that the foregoing is true and correct. Dated: August 23, 2013 /s/ kkmauiel G. Escobar, Jr Manuel G. Escobar, jr. CEERTIFICATE OF SERVICE This certifies that a true and correct copy of the foregoing is being sent to all parties in this case by facsimile transmission amnd each party will also receive a copy through the electronic filing system utilized by the federal courts. August 23, 2013 /s/ Manuel G. Escobar Jr. 4

13 Case 5:11-cv OLG-JES-XR Document Filed 08/23/13 Page 5 of 17 EXHIBIT A Redistricting League of United Latin American Citizens, (LULAC) U.S. Congress and TX House of Representatives TIME RECORS FOR Luis Roberto Vera, Jr. DATE ACTIVITY TIME initial meetings with LULAC leadership and LULAC Texas Board of Directors regarding strategy for legislative redistricting. (NC) Confer with George Korbel regarding availability as (NC) expert for LULAC and for preparation of Gingles maps for legislatures consideration Continuous meetings with legislature representatives, LULAC 60 (NC) Leadership and LULAC members advocating for fair redistricting. to Advocacy. Meetings. with State House members and State Senate members regarding population growth, areas for new congressional districts and house districts realignment. Conferences with George Korbel regarding meeting with legislature member and testimony before the State house and State senate redistricting committees Phone conference with DOJ, Voting Rights Section regarding (NC) Texas plans. Review population analysis done by Korbel, begin review of legislative council web cite Weekly meetings with George Korbel. Go over status 45 (NC) to of preparations. Prepare LULAC members and leadership for redistricting facts and talking points. Begin formulating Complaint Weekly meetings with George Korbel regarding Gingles plans, 90 to Exhibit and request from other Plaintiffs for assistance in drawing Gingles plans. Review and confer with George Korbel as each plan is drawn for exhibit at trial and for Interim plans hearing and to make sure other Plaintiffs plans do not conflict with L(ULAC. See, Korbel declaration and time log Confer with George Korbel, Begin outline of possible 4 expert tasks during trial Review of historical redistricting efforts, potential issues 7 for this case litigation. Meeting with possible community supporters on redistricting, Judge David Saucedo, Cong. Ciro Rodriguez, 5

14 Case 5:11-cv OLG-JES-XR Document Filed 08/23/13 Page 6 of 17 former Dallas City Councilman and State Rep. Domingo Garcia. Meet with Bexar County elections administrator Jackie Callanen regarding redistricting litigation and 2012 elections and possible testimony at trial Review complaints filed by Perez, MALC and begin 4.9 writing LULAC Complaint. Confer with George Korbel regarding meeting in DC with DOJ Confer with George Korbel to finalize LULAC Complaint Original Complaint finalized sent to George Korbel, Manuel Escobar and Justin Fisher for review and editing Finalize edits and corrections to complaint and file as Plaintiff-Intevener to MALC Complaint. 6 Notify LULAC leadership and prepare for meeting with LULAC board for briefing on Complaint and goals. Confer with and meet with LULAC representatives Review analysis of population distribution, growth in Texas. 3 Compare to current districts and project possible gains Review committee plans, review impact on minority voters. 4 Review reports, election analysis. Confer with George korbel Develop comparison charts Continue review of plans, compare minority districts in current 6 plan and plans offered by other Plaintiffs Review Larios, review data on different scales for measuring 5 use of population for partisan and racial advantage Prepare for hearing. Review pleadings, cases, outline arguments Work on report to the court. Research legal issues, review Del 7 Rio, Mayfield, 1404a, draft report, confer with other with other Plaintiffs counsel and Korbel Work on report to court for hearing, research and draft report 12 Continue to work and confer with other Plaintiff counsel for presentation to court and prepare for trial. Review s Finalize report to court. Develop evidence presentation 9 Confer with other plaintiff counsel and begin review of expert reports 6

15 Case 5:11-cv OLG-JES-XR Document Filed 08/23/13 Page 7 of Work on joint response to motion to dismiss Prepare for hearing. Confer with Korbel and other Plaintiffs 8 Counsel and participate in hearing. Meet with client and discuss status and hearing results. Work with staff on trial preparation, review list of potential exhibits, review redistricting plans partial map exhibits, individual district exhibits, charts etc Continue with trial prep. Review file, pleadings, review motion 10 to dismiss outline claims, review and pull new cases, review and begin to put together First amended complaint Review file. Check pacer for status of related cases. Trial prep: 8 review redistricting maps, charts, detail differences between different maps and district make-up Review court s orders, review file, work on review of Def s 9 filings, review material sent to experts, Review scheduling order. Confer with other Plaintiffs counsel Work on response to Def s motion to dismiss. Read cases 8 cited. Review Lopez and shep. Trial prep: review ct s orders Begin review for response to Def s motion Legal research on motion to dismiss continued. Begin to draft 10 Of response distinguish cases cited by Defs. Review 1983 Issues and cases. Review standing cases, review LULAC case On judges and voters standing in Section 2 case. Review standard For organizational standing, e.g. Hunt. Review and update files. Meeting with potential George Korbel and discuss with Kother Plaintiffs counsel Work with other counsel on jo8int response to motion to dismiss Continue work on joint response to motion to dismiss, modify draft, edit s necessary Trial Preparation. Work on pleadings file. Review rules. Review 8 With Korbel, Tueber, Perez, Latino Task force filings, Trial preparation, work with Korbel on expert reports, 6 Identify all potential witnesses potential witnesses Trial preparation. Work on amended complaint. Work on 10 7

16 Case 5:11-cv OLG-JES-XR Document Filed 08/23/13 Page 8 of 17 Disclosures and other pleadings. Review pleadings filed by other parties. Review Georgia v. Ashcroft. Work on research on whole county line rule. Confer with Richards and Korbel Trial preparation. Draft exhibit list; prepare for litigation Trial preparation. Staff meeting with MG. Go over C plans, Chapa 12 analysis, work on disclosures supp. Work on amended complaint, review exhibit list, modify and add more exhibits, review Gingles districts, review finalize motion to dismiss Prepare for hearing on venue with other Plaintiffs counsel Trial Preparation. Discuss possible testimony with County 9 Judge David Saucedo (Maverick County), Bexar County Elections Administrator Jackie Callanen, Cong. Ciro Rodriguez And former Dallas City Councilman and State Rep. Domingo Garcia Continue trial preparation by conferring with potential 4 witnesses Trial preparation. Work on discovery issues and confer 3 With other plaintiffs counsel Trial preparation. Work with George to to establish 4 Gingles I, kwork on joint reports to court Finalize amended complaint. Confer with Korbel and work 9 on expert aff d drafts Work on amended complaint. Work with other Plaintiffs counsel on issues of standing, timing and venue Took time off to Review pending motions. Finalize Amended 8 Complaint and send to Manuel Escobar and Justin Fisher for review and edits Filed Amended Complaint, review other Amended pleadings, organize files, confer with other Plaintiffs counsel, 11 Review plans for House, and Congress. Review disclosures. Review s, meet with Judge David Saucedo 8

17 Case 5:11-cv OLG-JES-XR Document Filed 08/23/13 Page 9 of 17 and other LULAC witnesses. Review documents in response; review and modify written response to request for production; work with Korbel to finalize and organize document response and trial exhibits Trial preparation. Review and modify response to production req. 4 Review documents Review recent filings on motions, responses etc Review files. Review expert reports, confer with other Plaintiffs 4 Counsel and George Korbel. Legal research, Review all answers to Interrogatories from all parties Trial preparation. Continue work with George Korbel Work on joint reply to motion to stay. Research and 7 review questions put forth by court. Work on joint Draft response, finalize for filing by joint Plaintiffs. Begin revie of various depositions Trial preparation. Review expert reports, Discuss various 7 Expert reports with George Korbel Trial preparation. Review filings and continue review of 3 expert reports filed by parties. Meeting w/ George Korbel Review intervention papers and set meeting with DOJ Confer with Jackie Callanan regarding material for testimony, 4 Contn8ue work with George Korbel and other P s counsel Confer with other P s counsel regarding State s motion 7 for summary judgment, and motion to dismiss. Discuss joint response duties Begin LULAC input on joint response to motions. 9 Prepare for joint meeting of all Plaintiffs counsel. Outline LULAC case and suggested order of presentation. Offer our proposed witness and exhibit list Joint meeting of all plaintiffs counsel with LULAC expert 6 George Korbel present and post meeting thereafter Trial preparation. Work on response to motion to dismiss and 5 Review draft of response. Work with George on Gingles plans. 9

18 Case 5:11-cv OLG-JES-XR Document Filed 08/23/13 Page 10 of Trial preparation. Finalize joint response to State s motion Trial Preparation. Continue conference by phone with LULAC 5 Witnesses and LULAC documents for trial Trial less than two weeks. Begin inalize everything, 4 Trial notebooks, exhibit notebooks for Court Confer with other Plaintiffs counsel, continue final prep Trial Preparation. Witness prep, LULAC concentration Dallas / Ft. worth (CD, Nueces (CD 27), Maverick Cty and South Bexar Cty (CD 23), I-35 Corridor (CD 23, 25, 35) 9 Confer with NAACP and Southern coalition supporting each Plans. George Korbel continues working with each for Alternative Gingles plans Trial preparation. Pretrial orders, state reply to response. 6 Continue organizing presentation to trial court Trial preparation. Order color copies of maps, b/w of 5 data sheets, Start preparing George Korbel for testimony and cross by other Plaintiffs counsel Trial preparation. Witness preparation. 4 Confer with other Plaintiffs counsel Last day off until after trial Prepare for and attend pretrial hearing, post trial meeting with other Plaintiffs counsel. Finalize order of 4 court presentation. LULAC to follow MALC, LTF Trial preparation, countdown 3 days. Have staff bind all 6 Notebooks, check for accuracy, Final prep face to face with witnesses Work on witness outlines, confer with other p s counsel 9 Confer with George Korbel as to other Plaintiff positions, Finalize opening statement Trial preparation, countdown 1 day. Last prep with witnesses 12 Last review exhibits, final court notebooks trial notebook readied 10

19 Case 5:11-cv OLG-JES-XR Document Filed 08/23/13 Page 11 of Trial preparation. Trial Trial preparation. Trial. Work on offer of proof declaration Trial preparation. Trial Trial preparation. Trial Trial. Trial preparation. Plaintiffs counsel on division of labor Trial preparation. Trial. Review exhibits and witness outlines Trial preparation. Trial Trial preparation. Trial Trial preparation. Trial Trial preparation. Trial. Post trial meeting, debrief and make 6 Assign task for joint post trial brief Conference call on status and strategy with other Plaintiffs Work on LULAC portion joint advisory to court The entire day on reading trial transcripts Continnue work on LULAC portion of post trial brief Work on post trial brief. Review exhibits and trial transcript work on post trial brief. Review exhibits. Review transcript. 5 Confer with P s other counsel re Ct s advisory and tro motion off today Confer with other P s counsel on status. review election code; 5 Review doj statements. Work with George Korbel for possible interim plan Review recrd and TRO motion filed buy MALC Review State s response to TRO motion and Confer with 2 P s other counsel Meet with Jackie Callanan, BX Cty elections Admn. 2 11

20 Case 5:11-cv OLG-JES-XR Document Filed 08/23/13 Page 12 of Confer with George Korbel meet with Judge David Saucedo Work on other cases to Joint conference with other p s counsel on post trial brief. 3 Work on LULAC portion of brief Continue working on post trial brief with other P s counsel Review filings and work on plan for submission as possible 5 interim plan. Confer with Gerry hebert, Quesada plaintiffs Review filings by Stae with George Korbel Review filings by other P s NC Confer with George Korbel on interim plan for LULAC and 2 other P s Review latest filings NC Continue work with George Korbel on remedy interim plans Review State response to post trial and MALC response NC Review of all Plans offered by other P s with George Korbel Prepare for new hearings and review State response Continue review of other plans with Korbel Brief conversation with Jose Garza, MALC on joint advisory NC Review joint advisory of parties NC Review US advisory and statement of interest with George Korbel NC Work on exhibits, prepare for remedy hearing, exhibits and 8 witnesses Remedy hearing prep. and remedy hearing Travel to DC prepare for hearing. NC Prepare for hearing. Hearing in DC. Travel to San Antonio. NC 12

21 Case 5:11-cv OLG-JES-XR Document Filed 08/23/13 Page 13 of Prep for hearing and Hearing on interim plan Review order on schedule. Confer with court staff. Monitor NC Senate staff Review exhibits from interim remedy hearings, review exhibit NC Lists, organize file. Review State letter brief; review draft reponse. Confer with co-counsel; review s w/doj Review draft of reponse to State s letter brief review doj reponse; NC review court order. Review doj filings on Section 2 issues, review and modify court advisory file same Review court s order; confer w/clients; review costs invoice. Work NC on files Review state s new advisory by Texas. NC Review recent advisories filed by parties NC Review of other advisories contined NC Confer with George Korbel about proposed plans and responses Review proposed congressional plan by Ct. confer with 3 other P s counsel. Review Ct s iterim house plan and dissent Review State s request for stay and confer with client. NC Prepare LULAC s advisory regarding single primary File Advisory by LULAC, review other filings. NC review Court Order wth George Korbel Review State s request for stay congressional ct. plan. review ct s 3 Order denying motion for stay; review def s notice of appeal. Confer with other P s counsel Review State s application for stay of Texas house plan with sup. NC Ct. and review other daily filings Work on LULAC portion of joint response to State 4 Confer with other P s counsel 13

22 Case 5:11-cv OLG-JES-XR Document Filed 08/23/13 Page 14 of Continue with Response brief short call with other P s counsel Final edits buy LULAC. NC Review filings with Sup. Ct. and State s response brief. Confer 4 With other P s counsel regarding joint response & kargukment Review response and reply to Application for stay. Confer with 3 clients, review status Finalize LULAC memorandum for unified single primary Final LULAC memorandum for unified single primary sent to 2 Mankuel Escobar and Justin Fisher for editing and correction File LULAC memorandum for unified single primary NC Prepare and attend status conference with Court Review daily filing, advisories and memorandums. to Brief discussion with P s other counel on Jose Garzas NC oral argument to US Sup Ct Depart for DC for US Supreme Ct argument, Perez v Perry NC Attend Mulvaney/Harvard PK moot court with Jose Garza In DC for Sup Ct argument NC Attended US Sup Ct argument with Jose Garza NC and other P s counsel to Prepare fr DC trial work with George Korbel and other P s NC Travel to Washington DC organize files, prepare for DC trial. NC Trial preparation. NC DC trial. And prepare for next day. NC DC trial. Prepare for next day, review trial transcript. Review NC depositions. 14

23 Case 5:11-cv OLG-JES-XR Document Filed 08/23/13 Page 15 of DC trial. NC DC Trial. NC Trial preparation. NC Trial preparation DC NC DC trial, trial preparation. NC DC trial, trial preparation. NC DC trial, trial preparation, travel to Texas. NC Review US Supreme Ct remand Order with P s other counsel Hearing preparation, Hearing on remand and election schedule. 3 Confer with other P s counsel Meeting with Jose Garzs, MAL counsel on settlement 1 discussions Travel to DC for closing argument. NC Closing arguments in DC. Travel to Texas. NC Work on maps for interim with George Korbel 3 and other P s counsel Work on DC post trial matters, brief etc NC to Work on proposed changes for interim maps and P s other 8 Counsel request for George Korbel Prepare for hearing on interim plans Interim plan hearing II. Prepare for hearing. Discuss status of 12.1 negotiations with State s counsel. Work on post hearing brief Interim plan hearing. Post meeting with P s counsel Work on post hearing brief final 3 15

24 Case 5:11-cv OLG-JES-XR Document Filed 08/23/13 Page 16 of Work on LULAC advisory to Court on CD 23, review analysis on 7 performance Work on and finalize advisory on CD 23, confer with George 8 George korbel anf other p s counsel File LULAC Advisor on CD 23 and conference with P s 4 Other counsel Other Joint Advisor by LULAC and other P s counsel filed Ct releases new interim plans. NC Review Ct interim plans and election schedule. 4 Confer with other P s counsel Continue review of new map. Confer with 5 Judge David Saucedo and Jackie Callanan Review continues daily filing, advisories, and memorandums NC And Orders Status conference before Ct and Advisory filed by LULAC LULAC Motion to Stay implementation of Interim plan 4 to end of one year of reading continuous filings. New Order for NC hearing status hearing before Ct 3 To review all filings, advisories, memorandums and orders as NC They were filed. Prep and attend hearing before 3 judge court LULAC portion of jint Motion for amended complaint Joint Motion for Amended Complaint filed NC to Review continuous filings advisories, orders NC Review time records, adjust for possible duplication, review 1 Co-counsel affidavits, suggest modifications, modify, and declare. 16

25 Case 5:11-cv OLG-JES-XR Document Filed 08/23/13 Page 17 of 17 Summary of Total Fees and Expenses Total hours through Total fee due Luis R. Vers: $ = $320, Billing judgment discount: I have NC for over 200 hours directly related to this case Total fee requested: $320, for Luis R. Vera, Jr. Unreimbursed Out of pocket expenses: $2, Copy Consignor = $1, KINKOS = $ 1, (copy and binders) Total fee and costs due Luis R. Vera, Jr.: $322, Total due for Manuel Escobar, attorney: 40 hours $ = $7, Total due support staff Dolores Shepherd and Rebecca Losoya 40 hours each = $35.00 = $2, Total award for LULAC interveners = $332, The billing in this case is solely for that work done by LULAC that contributed significantly to Perez s. Perry and does not charge for s, reading all the voluminous documents that were filed that LULAC did not contribute or the many phone calls between the P s counsel, DOJ and the clients. Also excluded are 3 depositions attended by LULAC counsekl as they were not LULAC witnesses or part of our case in chief. We also excluded the time and prep for the deposition of our expert George Korbel by the defendants as we misplaced the time and date for that deposition. We excluded all travel time and time for our meeting in DC with DOJ that were solely for this case. We have not charged any time for our work in the DC litigation or our work in Davis v. Perry. We also charge a $35.oo per hour rate for our support staff not the ridiculously high $85.00 and above rate we have seen for simple secretarial support. This billing reflects approximately 3 ½ years of work on this redistricting effort with 2 years and 3 months of LULAC involvement in this litigation. Our billing is rounded down to the hour in favor of the Defendants in this calculation, eg. 3.7 rounded down to 3 hours. There is NC for putting together this billing statement. /s/ Luis R. Vera, Jr. 8/17/

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