Part Description 1 6 pages 2 Exhibit A 3 Exhibit B 4 Exhibit C 5 Exhibit D 6 Exhibit E

Transcription

1 Favors et al v. Cuomo et al, Docket No. 1:11-cv (E.D.N.Y. Nov 17, 2011), Court Docket Part Description 1 6 pages 2 Exhibit A 3 Exhibit B 4 Exhibit C 5 Exhibit D 6 Exhibit E Multiple Documents 2013 Bloomberg Finance L.P. All rights reserved. Terms of Service // PAGE 1

2 Case 1:11-cv DLI-RR-GEL Document 665 Filed 12/20/13 Page 1 of 6 PageID #: UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK X MARK A. FAVORS, HOWARD LEIB, LILLIE H. GALAN, EDWARD A. MULRAINE, WARREN SCHREIBER, and WEYMAN A. CAREY, Plaintiffs, DONNA KAYE DRAYTON, EDWIN ELLIS, AIDA FORREST, GENE A. JOHNSON, JOY WOOLLEY, SHEILA WRIGHT, LINDA LEE, SHING CHOR CHUNG, JULIA YANG, JUNG HO HONG, JUAN RAMOS, NICK CHAVARRIA, GRACIELE HEYMANN, SANDRA MARTINEZ, EDWIN ROLDAN, MANOLIN TIRADO, LINDA ROSE, EVERET MILLS, ANTHONY HOFFMAN. KIM THOMPSON-WEREKOH, CARLOTTA BISHOP, CAROL RINZLER, GEORGE STAMATIADES, JOSEPHINE RODRIGUEZ, SCOTT AUSTER, MELVIN BOONE, GRISSELLE GONZALEZ DENNIS O. JONES, REGIS THOMPSON LAWRENCE, and AUBREY PHILLIPS, v. Intervenor Plaintiffs, ANDREW M. CUOMO, as Governor of the State of New York, ERIC T. SCHNEIDERMAN, as Attorney General of the State of New York, ROBERT J. DUFFY, as President of the Senate of the State of New York, DEAN G. SKELOS, as Majority Leader and President Pro Tempore of the Senate of the State of New York, SHELDON SILVER, as Speaker of the Assembly of the State of New York, JOHN L. SAMPSON, as Minority Leader of the Senate of the State of New York, BRIAN M. KOLB, as Minority Leader of the Assembly of the State of New York, the NEW YORK STATE LEGISLATIVE TASK FORCE ON DEMOGRAPHIC RESEARCH AND REAPPORTIONMENT ( LATFOR ), JOHN J. McENENY, as Member of LATFOR, ROBERT OAKS, as Member of LATFOR, ROMAN HEDGES, as Member of LATFOR, MICHAEL F. NOZZOLIO, as Member of LATFOR, DECLARATION OF JERRY G. VATTAMALA Case No. 1:11-CV-5632 (RR)(GEL)(DLI) _3.docx

3 Case 1:11-cv DLI-RR-GEL Document 665 Filed 12/20/13 Page 2 of 6 PageID #: MARTIN MALAVE DILAN, as Member of LATFOR, and WELQUIS R. LOPEZ, as Member of LATFOR, Defendants X DECLARATION OF JERRY G. VATTAMALA I, Jerry G. Vattamala, state that I have personal knowledge of the matters set forth in this Declaration and, if sworn as a witness, would testify as follows: 1. I am an attorney in good standing of the bar of the State of New York and am a Staff Attorney of the Democracy Program at the Asian American Legal Defense and Education Fund ( AALDEF ), Lead Counsel for Linda Lee, Shing Chor Chung, Julia Yang and Jung Ho Hong (collectively the Lee Intervenors ) in this action. I am admitted to practice before this Court. I respectfully submit this declaration in support of the Lee Intervenors application for attorneys fees and costs, dated December 19, 2013, and to place before the Court the documents described below. 2. Attached hereto as Exhibit A is a true and correct copy of my time detail in this action. 3. I have contemporaneously maintained my hours on this matter. I have spent hours on this matter. As the Court can see, my hours are reasonable given the issues raised in this matter and the role that I have played. I was lead attorney on this matter and was joined by pro bono counsel from Kaye Scholer LLP ( Kaye Scholer ). After Kaye Scholer joined the case, I shared drafting responsibilities with Kaye Scholer associates and took primary responsibility for arguing at court hearings. I have not included in my hours for many small periods of time of less than a half-hour on phone calls or other matters _2.docx 2

4 Case 1:11-cv DLI-RR-GEL Document 665 Filed 12/20/13 Page 3 of 6 PageID #: In managing this case, I sought to avoid the performance of any work that was excessive, redundant, or otherwise unnecessary. AALDEF seeks fees only for time and research considered essential to the successful litigation of this case. 5. I have exercised appropriate billing judgment in this matter consistent with judgment exercised in all my other matters. 6. AALDEF is not seeking fee reimbursement for time billed by Kenneth Kimerling, AALDEF s legal director who worked on this matter, illustrating AALDEF s billing judgment in this matter. 7. Attached hereto as Exhibit B is a true and correct copy of my resume. 8. I have been a voting rights and litigation attorney for over 6 years and was a law clerk for 2 years. I have been working for AALDEF for almost 3 years and am a recognized authority on minority voting rights and political participation. I have been a leader in the New York Asian American community on the issue of redistricting and voters rights. I litigate cases concerning violations of Section 203 of the Voting Rights Act. I have also testified at numerous hearings on redistricting throughout the Northeast and have participated in voting rights speakers panels, including at Harvard Law School and the National Asian Pacific American Bar Association Convention. I have authored a published report, Asian American Access to Democracy in the 2012 Elections. I have submitted numerous briefings to the Supreme Court on behalf of the Asian American community relating to voting rights issues. Prior to joining AALDEF more than two and a half years ago, I was a commercial litigation associate at Proskauer Rose LLP for more than 4 years. 9. I have litigated numerous voting rights cases and submitted briefs to the Supreme Court while at AALDEF, including the following cases: _2.docx 3

5 Case 1:11-cv DLI-RR-GEL Document 665 Filed 12/20/13 Page 4 of 6 PageID #: Alliance of South Asian American Labor v. The Board of Elections in the City of New York, an action under the language assistance provisions (Section 203) of the Voting Rights Act for Bengali ballots and Asian Indian Language Assistance Amicus Briefs on Behalf of the Asian American Community: Shelby County, Alabama v. Holder, advocating for the continuing need and constitutionality of Section 5 of the Voting Rights Act Arizona v. Inter Tribal Council of Arizona successfully challenging the legality of Arizona's Proposition 200, the state's restrictive voter registration law. Applewhite v. Pennsylvania challenging the constitutionality of Pennsylvania's restrictive voter ID requirement, resulting in a temporary injunction. Perry v. Perez successfully challenging the Texas legislatures redistricting plan. Northwest Austin Municipal Utility Dist. No. 1 v. Holder upholding the reauthorization of the VRA (as pro bono co-counsel at Proskauer Rose) 10. The Lee Intervenors had argued in their papers submitted to the Court and at court hearings, that Asian American Communities of Interest ( COI ) should not be divided in any redistricting plan adopted by the Court. Dkt. No. 138, Pg.2 2, 4. To aid the Court, the Lee Intervenors submitted Asian American Neighborhood Boundaries, a detailed street boundary map of 15 Asian American neighborhoods in New York City, which was drawn in consultation with numerous Asian American community based organizations over a period of 6 months.. Dkt. No. 138, Attachment 1. The Lee Intervenors also submitted the Asian American Community of Interest Survey to the Court, which provided a narrative description of each neighborhood, and why it was a protected COI. Dkt. No. 138, Attachment 2. In addition, the _2.docx 4

6 Case 1:11-cv DLI-RR-GEL Document 665 Filed 12/20/13 Page 5 of 6 PageID #: Lee Intervenors submitted the Unity Plan congressional redistricting plan for New York City districts. Dkt. No. 138, Attachment The Lee Interevnors focused the Court s attention to the neighborhoods of Flushing, Bayside, Elmhurst, Briarwood and Jamaica Hills, and argued that these Asian American neighborhoods constituted a COI and should be united in one congressional district. Dkt. No. 138 Pps. 5-6, 8, 10, Attachment 3. See Exhibit C. 12. The Lee Interevnors also focused the Court s attention to the neighborhoods of Chinatown in Manhattan and Sunset Park, Brooklyn and argued that these Asian American neighborhoods constituted a COI, was upheld as constitutional and complying with Section 5 of the Voting Rights Act and should be united in one congressional district. Dkt. No. 138 Pps , Attachment 4. See Exhibit D. 13. District 6 under the new congressional map corresponds to the Lee Intervenor s proposed Unity Map by retaining the Asian American community in Flushing/Bayside, Elmhurst and Briarwood/Jamaica Hills, Queens within one district. See Dkt. No. 223, Attachment 1 (Persily Aff.) 82, , 139 and compare with Dkt. No 138, Attachment 3; Exhibit C. Likewise, District 7 also adheres to the unity map by keeping the community of interest in Manhattan s Chinatown and Brooklyn s Sunset Park within one district. See Dkt. No. 223, Attachment and compare with Dkt. No. 138, Attachment 4; Exhibit D. District 14 retains the Asian American community of interest in Jackson Heights and Woodside, Queens within one district. See Dkt. No. 223, Attachment 1 79, Exhibit 5, Dkt. No. 167 P. 8 (describes Jackson Heights COI). District 5 retains the Asian American community of interest in Richmond Hill/South Ozone Park within one district. See Dkt. No. 223, Attachment 1 80, Exhibit 5, Dkt. No 167 P. 11 (describes Richmond Hill/South Ozone Park COI) _2.docx 5

7 Case 1:11-cv DLI-RR-GEL Document 665 Filed 12/20/13 Page 6 of 6 PageID #: AALDEF had also advised the Court to overlay the Asian American Neighborhood Boundaries over the final plan that was to be adopted, to ensure that Asian American COIs were not unfairly divided. Dkt. No. 167 P. 3. Indeed, the final plan illustrates that the Court adopted our recommendations for Districts 6 and 7 and did not divide the Asian American COIs that we highlighted in our papers and at court hearings, namely the COIs of Jackson Heights, Woodside and Richmond Hill/South Ozone Park. See Exhibit E (overlay of Asian American COIs over the final redistricting plan). 15. Asian American voters were protected by the final congressional redistricting map adopted for New York City, due to the Court s reliance on the data, documents, maps and advocacy of counsel for the Lee Intervenors. 16. AALDEF has waived its photocopying, postage and other administrative costs in this litigation. AALDEF is not seeking costs for the expert they relied on for extensive and sophisticated demographic and mapping analyses at this time. 17. In light of my experience and the excellent outcome, the Lee Intervenors seek a rate of $300 per hour for my time spent on this matter. In total, the Lee Intervenors seek fees of $21,525 for my work. correct. I declare under penalty of perjury under 28 U.S.C that the foregoing is true and Executed on December 19, 2013 Jerry G. Vattamala _2.docx 6

8 Case 1:11-cv DLI-RR-GEL Document Filed 12/20/13 Page 1 of 4 PageID #: Exhibit A

9 Case 1:11-cv DLI-RR-GEL Document Filed 12/20/13 Page 2 of 4 PageID #: Exhibit A AALDEF ATTORNEYS FEES TIME DETAILS Time Detail By Timekeeper Timekeeper Work Date Hours Narrative Vattamala J. Vattamala J. 11/30/ Meeting with co-counsel, Kaye Scholer to discuss intervening Vattamala J 12/2/11 1 Telephone discussions with potential clients Vattamala J 12/6/ Discussed intervening with Unity Map partners Vattamala J 12/12/11 1 Meeting with G. Magpantay and K. Kimerling to discuss Complaint in Intervention Vattamala J 12/12/ Call with Kaye Scholer to discuss drafting of Complaint in Intervention Vattamala J 12/14/ Drafted sections of Complaint in Intervention Vattamala J 12/15/ Met with Unit Map partners to discuss Congressional Unity Map Vattamala J 12/15/ Met with G. Magpantay and K. Kimerling to discuss edits to draft Complaint in Intervention Vattamala J 12/15/11 1 Revised draft Complaint in Intervention to conform to edits Vattamala J 12/16/ Sent draft Complaint in Intervention to Kaye Scholer, reviewed Kay Scholer s draft memorandum of law Vattamala J 12/20/ Drafted declarations for all plaintiffs Vattamala J 12/21/ Telephone conference with Kaye Scholer re intervention papers Vattamala J 12/22/11 1 Reviewed revised Complaint-in Intervention and memorandum of law Vattamala J 12/23/ Call with client to discuss declaration and Complaint Vattamala J 1/9/ Reviewed motions to dismiss and other docket activity Vattamala J 2/14/ Reviewed court order Vattamala J 2/28/12 1 Conference call with Kaye Scholer re congressional submission and strategy Vattamala J 2/29/ Drafted submission for congressional districts to Special Master, compiled Community of Interest Survey and Asian American Neighborhood Boundaries and other documents to be submitted to Special Master Vattamala J 3/1/ Conference call with Kaye Scholer re submissions from other parties Vattamala J 3/1/ Drafted response to alternate submission by other parties, analyzed and compared maps/individual district proposals Vattamala J 3/2/ Analyzed and compared maps/individual district proposals Vattamala J 3/5/ Court hearing argued, testified and attended court s public hearing and argument _2.docx

10 Case 1:11-cv DLI-RR-GEL Document Filed 12/20/13 Page 3 of 4 PageID #: Time Detail By Timekeeper Timekeeper Work Date Hours Narrative Vattamala J 3/5/ Reviewed and analyzed special master s redistricting plan Vattamala J 3/13/ Reviewed and analyzed final redistricting plan and report from J. Mann Vattamala J 3/14/ Conference call with Unity Map partners re final map and report Vattamala J 3/14/ Drafted letter to Court, sent draft to Kaye Scholer Vattamala J 3/14/ Prepared for court hearing Vattamala J 3/15/12 6 Court oral argument and public hearing Vattamala J 3/19/ Reviewed and analyzed final maps and reports Vattamala J 3/21/ Court status conference with 3 judge panel Total Vattamala J _2.docx

11 Case 1:11-cv DLI-RR-GEL Document Filed 12/20/13 Page 4 of 4 PageID #: _2.docx

12 Case 1:11-cv DLI-RR-GEL Document Filed 12/20/13 Page 1 of 4 PageID #: Exhibit B

13 Case 1:11-cv DLI-RR-GEL Jerry Document G. Vattamala Filed 12/20/13 Page 2 of 4 PageID #: First Street New Hyde Park, NY (516) jerry.vattamala@gmail.com EXPERIENCE Asian American Legal Defense and Education Fund (AALDEF), New York, NY Staff Attorney, Democracy Program April Present Litigation Alliance of South Asian American Labor v. The Board of Elections in the City of New York, an action under the language assistance provisions (Section 203) of the Voting Rights Act for Bengali ballots and Asian Indian Language Assistance Favors v. Cuomo AALDEF's complaint requested that an independent party or "Special Master" be appointed to redraw districts immediately to protect the voting rights of Asian American voters. Amicus Briefs on Behalf of the Asian American Community Shelby County, Alabama v. Holder, advocating for the continuing need and constitutionality of Section 5 of the Voting Rights Act Arizona v. Inter Tribal Council of Arizona successfully challenging the legality of Arizona's Proposition 200, the state's restrictive voter registration law. Applewhite v. Pennsylvania challenging the constitutionality of Pennsylvania's restrictive voter ID requirement, resulting in a temporary injunction. Perry v. Perez successfully challenging the Texas legislatures redistricting plan. Northwest Austin Municipal Utility Dist. No. 1 v. Holder upholding the reauthorization of the VRA (as pro bono co-counsel at Proskauer Rose) Publication Asian American Access to Democracy in the 2012 Elections November 2013 Sinnreich Kosakoff & Messina LLP, Central Islip, NY Litigation Associate November 2010 April 2011 Experience includes: Managing Immigration Deportation Removal case Conducting depositions Drafting discovery motions, motions to dismiss, complaints, settlement agreements, affidavits and motions for summary judgment in both state and federal courts Handling all aspects of discovery, including formulating demands and responses to discovery requests Client meetings, discussing case strategy, performing legal research and writing Raimondi Law, P.C., Massapequa, NY Of Counsel November 2009 November 2010

14 Case 1:11-cv DLI-RR-GEL Document Filed 12/20/13 Page 3 of 4 PageID #: Managed Immigration Deportation Removal case Drafted complaints, answers, document demands and responses, and discovery motions in both state and federal courts Discussed case strategy Conducted legal research Proskauer Rose LLP, New York, NY Litigation Associate September 2005 October 2009 Summer Associate 2003 and 2004 Experience includes: Managed Immigration Deportation Removal case, filed habeas corpus petition Drafted and submitted amicus brief to the United States Supreme Court on behalf of the Asian American Legal Defense and Education Fund ("AALDEF") and 41 other Asian American community and bar organizations in Northwest Austin Municipal Utility District Number One v. Eric Holder, Jr., Attorney General of the United States of America, a case challenging the constitutionality of Section 5 of the Voting Rights Act of 1965 Court essentially upheld the constitutionality of Section 5 Acted as Poll Monitor for AALDEF in November 2008 elections, participated in training and monitoring of poll cite in Queens with large South Asian population to protect against voter infringement and discrimination Litigated complex policy holder side insurance coverage disputes, including the World Trade Center litigation, obtained a multi-billion dollar settlement for client; and actions to recover insurance relating to Enron and WorldCom federal securities class action lawsuits, resulted in summary judgment for client Conducted depositions Prepared numerous witnesses for depositions Drafted discovery motions, motions to dismiss, motions for preliminary injunctions/temporary restraining orders, complaints, settlement agreements, affidavits, motions for summary judgment and appellate briefs Handled all aspects of discovery, including formulating demands and responses to discovery requests Various additional litigation matters related to finance, real estate, pharmaceuticals and entertainment, involving all aspects of pre-trial and trial litigation matters in both state and federal courts Supervised teams of attorneys and paralegals EDUCATION Hofstra University School of Law, Hempstead, NY J.D., May 2005 Awards Association of the Bar of the City of New York Diversity Summer Fellow 2003 First Year Course Excellence Award (Criminal Law) 2003 Dean s List Selected for Mock Trial Team Activities Intern, U.S. Attorney's Office, Eastern District New York, Central Islip, NY 2004 Intern, United States Bankruptcy Court, Eastern District New York, Central Islip, NY 2004

15 Case 1:11-cv DLI-RR-GEL Document Filed 12/20/13 Page 4 of 4 PageID #: Binghamton University, Binghamton, NY B.S., Computer Engineering, May 2002 BAR ADMISSIONS & AFFILIATIONS Admitted in New York Admitted in the United States District Court, Southern District of New York Admitted in the United States District Court, Eastern District of New York Appointed to New York State Bar Association Committee on Minorities in the Profession Member: New York State Bar Association, Asian American Bar Association of New York, National Asian Pacific American Bar Association

16 Case 1:11-cv DLI-RR-GEL Document Filed 12/20/13 Page 1 of 2 PageID #: Exhibit C

17 Case 1:11-cv DLI-RR-GEL Document Filed 12/20/13 Page 2 of 2 PageID #: 14819

18 Case 1:11-cv DLI-RR-GEL Document Filed 12/20/13 Page 1 of 2 PageID #: Exhibit D

19 Case 1:11-cv DLI-RR-GEL Document Filed 12/20/13 Page 2 of 2 PageID #: 14821

20 Case 1:11-cv DLI-RR-GEL Document Filed 12/20/13 Page 1 of 2 PageID #: Exhibit E

21 Case 1:11-cv DLI-RR-GEL Document Filed 12/20/13 Page 2 of 2 PageID #: 14823