Case 5:11-cv OLG-JES-XR Document Filed 08/09/13 Page 1 of 44

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1 Case 5:11-cv OLG-JES-XR Document Filed 08/09/13 Page 1 of 44

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8 Case 5:11-cv OLG-JES-XR Document Filed 08/09/13 Page 8 of 44 David Richards Senior Counsel RICHARDS RODRIGUEZ & SKEITH, LLP 816 Congress Ave., Suite 1200 Austin, Texas Tel Daverichards4@juno.com L.L.B. University of Texas at Austin 1957 B.A. Baylor University 1954 Education Admissions to Practice Supreme Court of Texas 1957 Supreme Court of United States 1963 Supreme Court of New Mexico 1994 U.S. Courts of Appeal 5 th and DC Circuits U.S. District Courts Northern, Western, Eastern and Southern District of Texas, District of New Mexico Other Legal Employment and Activities Attorney U.S. Commission on Civil Rights 1975 Special Counsel Texas Senate Committee on Consumer Affairs University of Texas Adjunct Professor of Law Labor Law Executive Assistant for Litigation Attorney General of Texas (Overall supervision of State s litigation) General Counsel Texas AFL-CIO Publications Once Upon A Time In Texas A Liberal in the Lone Star State-University of Texas Press (2002) Developing a Coherent Due Course of Law Doctrine, 68 Tex. L. Rev (1990) Exhibit 1A to Perez Plaintiffs' Motion for Page 1 of 4

9 Case 5:11-cv OLG-JES-XR Document Filed 08/09/13 Page 9 of 44 Voting Rights Significant Litigation White v. Regester, 412 U.S. 755 (1973) successful challenge to Texas-at-large legislative districts Robinson v. Commissioners Court, 505 F. 2d 674 (5 th Cir. 1975) successful challenge to racial gerrymander Whatley v. Clark, 482 F.2d 1230 (5 th Cir. 1973) successful challenge to exclusion of student voters Seamon v. Upham, 456 U.S. 37 (1982) partially successful challenge to congressional redistricting Rangel v. Morales, 8 F.3d 242 (5 th election procedures Cir. 1993) unsuccessful challenge to judicial David v. Garrison, 553 F.2d 923 (5 th Cir. 1977) challenge to city election procedure First Amendment Litigation Board of Regents of the University of Texas System v. New Left Education Project, 404 U.S. 541 (1972) successful challenge to restrictions on underground newspaper Dyson v. Stein, 401 U.S. 200 (1971) partially successful attack on Texas obscenity statute James v. Gilmore, 389 U.S. 572 (1969) successful challenge to Texas loyalty oath Barlow v. Gallant, 410 U.S. 948 (1973) successful challenge state vagrancy statute Allaire v. Rogers, 658 F.2d 1055 (5 th Cir. 1981) challenge to salary reprisals Labor and Employment Connell Construction Company v. Plumbers and Steamfitters Local Union No. 100, 421 U.S. 616 (1974) unsuccessful defense of labor anti-trust claim Schattman v. Texas Employment Commission, 459 F.2d 32 (5 th Cir. 1972) unsuccessful attack on maternity policy Exhibit 1A to Perez Plaintiffs' Motion for Page 2 of 4

10 Case 5:11-cv OLG-JES-XR Document Filed 08/09/13 Page 10 of 44 Schadler v. Anthem Life Insurance Company, 147 F.3d 388 (5 th Cir. 1998) successful ERISA suit Neuhoff Bros., Packers v. Acosta, 327 S.W.2d 434 (Tex. 1959) wage and hour litigation Cedar Crest Hats, Inc. v. United Hatters, Cap and Millinery Workers Intern. Union, 362 F.2d 322 (5 th Cir. 1966) labor antitrust Dallas Bldg. and Const. Trades Council v. N. L. R. B., 396 F.2d 677 (D.C. Cir. 1968) labor recognition picketing State Constitutional Litigation Clements v. Valles, 620 S.W.2d 112 (Tex. 1981) successful challenge to legislative apportionment Spring Branch I.S.D. v. Stamos, 695 S.W.2d 556 (Tex. 1985) successful defense of no pass no play Edgewood I.S.D. v. Kirby, 777 S.W.2d 391 (Tex. 1989) successful challenge to constitutionality of funding of public education Edgewood I.S.D. v. Kirby, 804 S.W.2d 491 (Tex. 1991) second round of challenge to constitutionality of funding of public education Sears v. Bayoud, 786 S.W.2d 248 (Tex. 1990) successful challenge to eligibility of candidate for Texas Supreme Court White v. Sturns, 651 S.W.2d 372 (Tex. Civ. App. Austin 1983) defense of senate power of confirmation Other Appellate Decisions of Note State of Texas v. Durham, 860 S.W.2d 63 (Tex. 1993) suit on behalf of land commissioner to recover oil royalties Graves v. Barnes, 700 F.2d 220 (5 th Cir. 1983) recovery of attorney s fees Local Union 59, Intern. Broth. Of Elec. Workers, AFL-CIO v. Green Corp., 725 F.1d 264 (5 th Cir. 1984) successful enforcement of arbitration award Abbott v. Local Union No. 142 of United Associations of Journeymen and Apprentices of the Pipe Fitting Industry of the United States and Canada, 429 F.2d 786 (5 th Cir. 1970) successful defense of local unions Exhibit 1A to Perez Plaintiffs' Motion for Page 3 of 4

11 Case 5:11-cv OLG-JES-XR Document Filed 08/09/13 Page 11 of 44 Encina v. Tony Lama Boot Company, 448 F.2d 1264 (5 th Cir. 1971) successful defense of employer Thompson v Calvert, 489 S.W.2d 95 (Tex. 1972) successful challenge to state administrative regulation McDowell v. State of Texas, 465 F.2d 1342 (5 th Cir. 1971) public employment litigation El Paso Bldg. and Const. Trades Council v. El Paso Chapter Associated General, 376 F.2d 797 (5 th Cir. 1967) arbitration litigation Southern Conference of Teamsters v. Red Ball Motor Freight, Inc., 374 F.2d 932 (5 th Cir. 1967) arbitration litigation Dallas General Drivers, Warehousemen and Helpers, Local Union No. 745, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America v. National Labor Relations Board, 355 F.2d 842 (D.C. Cir. 1967) LMRA litigation Friedrich v. Local No. 780, IUE-AFL-CIO-CLC, 515 F.2d 225 (5 th Cir. 1967) arbitration litigation Smith v. Local No. 25, Sheet Metal Workers Intern. Ass'n, 500 F.2d 741 (5 th Cir. 1974) defense of local union Exhibit 1A to Perez Plaintiffs' Motion for Page 4 of 4

12 Case 5:11-cv OLG-JES-XR Document Filed 08/09/13 Page 12 of 44 Redistricting Litigation Fees: Inception to Date through 7/26/13 Richards Rodriguez & Skeith, L.L.P. 03/02/2011 DR Draft pleading; legal briefing on redistricting issues 03/03/ Revise complaint 03/03/2011 DR Telephone conference with Jose Garza and Rick Levy; legal briefing on redistricting issues; telephone conference with Rick Gray; continue drafting pleading 03/04/2011 DR Continue drafting pleading 03/09/ Revise original complaint; correspondence to Rick Gray regarding same 03/09/2011 DR Office conference with client; multiple phone conferences with Rick Gray 03/10/2011 DR Conference with Korbel, Jose Garza, and Rick Gray 04/28/2011 DR Conference with client representative 04/29/2011 DR Conference with Jose Garza; telephone conference with client 05/02/2011 DR Conference with client; review files and prison data 05/04/2011 DR Conference with Rick Gray regarding pleading 05/05/ Revise plaintiff's original complaint; correspondence to Rick Gray regarding same 05/05/2011 DR Telephone conference with Rick Gray; telephone conference with Ed Mart correspondence with Harold Dutton and Shannon Perez; redraft 1 Page 1 of 33

13 Case 5:11-cv OLG-JES-XR Document Filed 08/09/13 Page 13 of 44 and edit pleading; telephone conference with Jose Garza; conference with Hicks 05/06/ Continue revising complaint; correspondence to plaintiffs regarding same 05/06/2011 DR Edit pleading; multiple phone conferences with client; Telephone conference with Ed Martin; correspondence with Shannon Perez and Harold Dutton 05/09/ Prepare complaint and efile; Telephone conference with court clerk regarding assignment of case; correspondence to clients regarding complaint 05/09/2011 DR Telephone conference with Jose Garza; file suit; correspondence regarding same 05/10/ Research online for addresses on state officials for process of service; prepare summons for each defendant and file a request for summons; Telephone conference with clerk regarding same; correspondence with process server regarding process of service 05/11/ Correspondence with process server regarding summons 05/11/2011 DR Multiple telephone conferences with Jose Garza; multiple telephone conferences with client; telephone conference with Ed Martin; telephone conference with Jason Smith; multiple telephone conferences with Rick Gray 05/12/2011 DR Meeting with Jose Garza 05/16/ Correspondence from process server regarding service on Rick Perry, Joe Straus and Hope Andrade; calculate answer deadlines 05/16/2011 DR Review map and data 05/17/2011 DR Conference with Jose Garza; review materials 2 Page 2 of 33

14 Case 5:11-cv OLG-JES-XR Document Filed 08/09/13 Page 14 of 44 05/20/ Research on case law regarding disqualification of a judge in a three judge panel; review pleadings and orders in NAACP v Barbour 05/20/2011 DR Conference with Rick Gray; Telephone conferences with Jose Garza and Renea Hicks; legal research 05/23/2011 DR Telephone conference and correspondence with Jose Garza, Gerry Hebert and Renea Hicks; legal research 05/25/2011 DR Telephone conference with Rick Gray and Jose Garza; legal research 05/31/ Revisions to Amended Complaint; Telephone conference with court regarding amending complaint to add party; prepare and file amended complaint 05/31/2011 DR Two conferences with client; redraft amended complaint; Telephone conference with new client; conference with Ed Martin 06/01/ Correspondence to plaintiffs and interested parties regarding amended complaint 06/06/2011 DR Multiple phone conferences with client; correspondence with Gerry Hebert and Renea Hicks; legal research 06/07/ Revise, finalize and file Second Amended Complaint; prepare and file requests for summons to be issued to the individual defendants 06/07/2011 DR Conference with Jose Garza, Martinez, client et al; revise and finalize 2nd Amended Complaint; file Second Amended Complaint; follow up phone call with Jose Garza 06/08/2011 DR Legal research; telephone conference with Korbel; telephone conference with Jose Garza 3 Page 3 of 33

15 Case 5:11-cv OLG-JES-XR Document Filed 08/09/13 Page 15 of 44 06/09/2011 DR Telephone conference with Rogene Calvert; multiple conferences with client 06/10/ Correspondence to process server regarding summons to be served on defendants with Second Amended Complaint 06/13/2011 DR Communication with Lloyd Doggett; Renea Hicks, McConnico, et al; Telephone conference with client 06/14/ Correspondence with Jose Garza, et al regarding motion to dismiss filed by defendants; correspondence with process server regarding service of process on defendants for second amended complaint 06/14/2011 DR Telephone conferences with Rick Gray and Jose Garza; review file 06/15/ Correspondence to Renea Hicks and George Korbel regarding motion to dismiss 06/15/ Research on case law cited by state in motion to dismiss 06/15/2011 DR Telephone conferences with Renea Hicks, Gerry Hebert, and Jose Garza; correspondence to Rick Gray; review defendants' motion to dismiss 06/16/2011 DR Telephone conference with Gerry Hebert; legal research; telephone discussion with client 06/17/ Revise and finalize Unopposed Motion for Leave to File 2nd Amended Complaint and proposed order; telephone conference with court deputy regarding proposed order 06/17/ Correspondence regarding court's Advisory to the parties 06/17/2011 DR Draft motion for leave to file 2nd amended complaint; telephone conference with AG's office and Rick Gray regarding same 4 Page 4 of 33

16 Case 5:11-cv OLG-JES-XR Document Filed 08/09/13 Page 16 of 44 06/20/ Search on House website regarding Texas House District data 06/20/2011 DR Legal research; analyze deviation numbers and prison population; telephone discussion with Jose Garza 06/21/2011 DR Legal briefing 06/22/ Review local rules regarding motions; draft proposed order denying motion to dismiss 06/22/2011 DR Legal research; draft response to motion to dismiss; telephone discussions with George Korbel, and Ed Martin 06/23/ Revise response to motion to dismiss 06/23/2011 DR Finalize response to motion to dismiss; telephone discussions with Renea Hicks, Rick Gray, Gerry Hebert and Ed Martin 06/24/ Review and compare Orders regarding status conference; revise and prepare response to motion to dismiss for filing; revise correspondence to plaintiffs; correspondence to Ed Martin 06/24/2011 DR Telephone discussion with client; edit response to motion to dismiss; review order; correspondence regarding order for three judge court 06/27/ Correspondence to Nina Perales, attorney for MALDEF, regarding response to Defendants' motion to dismiss; correspondence to Jose Garza regarding same 06/27/2011 DR Telephone discussions with Jose Garza; telephone conference with with AG's office 06/28/2011 DR Conference call with AG's office regarding report and filing 06/29/ Review agreed report on behalf of all plaintiffs regarding cases 5 Page 5 of 33

17 Case 5:11-cv OLG-JES-XR Document Filed 08/09/13 Page 17 of 44 related to redistricting; telephone conference with court deputy regarding the necessity of filing the separate report submitted by Jose Garza in Perez v Perry 06/29/2011 DR Review and draft report to court; telephone conference with Jose Garza, Renea Hicks and client; correspondence regarding same 06/30/2011 DR Telephone discussions and correspondence with Renea Hicks, Jose Garza and client; review file; legal research 07/01/ Review pleadings to prepare for status conference hearing; travel to and from San Antonio for status conference hearing; attend status conference hearing 07/01/2011 DR Travel to San Antonio for hearing; attend hearing; return travel to Austin 07/01/2011 DR1 Clark Richards /Round trip travel to San Antonio for status conference hearing 07/05/2011 DR Telephone conference with Rick Gray, Brender and Gerry Hebert; review file 07/06/2011 DR Review orders; correspondence and telephone discussions with client, Harold Cook, Ed Martin and Jose Garza 07/07/ Correspondence to plaintiffs regarding recent court orders; correspondence to interested parties regarding same; review Pacer for orders regarding three judge courts for Rodriguez v Perry and Teuber v Texas cases 07/07/2011 DR Telephone discussions with Rick Gray, Harold Cook, Jose Garza, Ed Martin, Renea Hicks and George Korbel; participate in conference call regarding strategy and funding; review documents 07/08/ Review amended order and forward to client; prepare draft 6 Page 6 of 33

18 Case 5:11-cv OLG-JES-XR Document Filed 08/09/13 Page 18 of 44 responses to Rule 26(a) disclosures; revise response to 2nd motion to dismiss 07/08/2011 DR Conference call with Jose Garza and Nina Perales; telephone discussions with client, Rick Gray, Jose Garza etc; prepare response to 2nd Motion to Dismiss 07/11/2011 DR Correspondence with client; Telephone conference with Rick Gray; telephone conference with Harold Dutton; participate in Rule 26(f) conference call with parties; review file; telephone conference with Renea Hicks and Jose Garza and Rick Gray regarding plaintiffs' finalized response 07/12/ Revise and file proposed order on Response to Motion to Dismiss Second Amended Complaint; prepare Notice of Filing Rule 26a disclosures 07/12/2011 DR Multiple phone discussions with Jose Garza and client; draft responses to Rule 26a disclosures; meet with Ed Martin and Rick Gray 07/13/2011 DR Draft, edit and file Rule 26a disclosures 07/14/2011 DR Participate in conference calls; Telephone conference with Matt Frederick, Hebert, Jose Garza and Ed Martin 07/15/2011 DR Conference call with plaintiffs; correspondence with client; Telephone conference with Harold Dutton and Rick Gray 07/18/ Review all recent filings and update file; review upcoming scheduling deadlines; revise Third Amended Complaint 07/18/2011 DR Attend court hearing; draft 3rd amended complaint; correspondence with parties regarding same; meet with Gerry Hebert and Chad Dunn; participate in phone conference to finalize Rule 26(f) conference 7 Page 7 of 33

19 Case 5:11-cv OLG-JES-XR Document Filed 08/09/13 Page 19 of 44 07/19/ Draft 1st supplemental Rule 26a Initial Disclosures to add new parties and other interested parties; revise third amended complaint; multiple correspondence to Rick Gray, client and Ed Martin regarding same; draft motion for leave to amend pleading; correspondence to Matt Frederick regarding same 07/19/2011 DR Continue drafting 3rd amended complaint; revise 1st supplemental initial disclosures; multiple telephone conference with Ed Martin, client, Rick Gray and Jose Garza; legal research 07/20/ Review additional / supplemental pleadings filed by other intervenors/plaintiffs; revise and finalize 1st supplemental responses to disclosures and requests for admissions to defendants; correspondence to all parties regarding same; telephone conference with court clerk, Gina, regarding additional parties to third amended complaint 07/20/ Draft requests for admission regarding prison census 07/20/2011 DR Review documents; telephone conference with Rick Gray and Ed Martin; revise requests for admissions to defendants 07/21/ Revise and finalize Interrogatories to Defendants; correspondence to all parties regarding same 07/21/2011 DR Draft interrogatories to Defendants; conference with client; participate in weekly conference call regarding briefing schedule; telephone conference with Gerry Hebert and Renea Hicks 07/22/2011 DR Review files; review motion for protection; Telephone conference with Jose Garza and George Korbel; prepare for depositions 07/25/ Review recent filings; correspondence to various persons regarding disclosures and pleadings; review deposition schedule 07/25/2011 DR Multiple telephone conferences with Jose Garza, client, Rick Gray, and Ed Martin; review orders; review DC intervention; 8 Page 8 of 33

20 Case 5:11-cv OLG-JES-XR Document Filed 08/09/13 Page 20 of 44 review MALDEF amended complaint 07/26/ Multiple correspondence regarding recent pleadings 7/26/2011 DR Multiple phone calls and correspondence with client, Ed Martin, Gerry Herbert; review orders regarding consolidation; Telephone conference with Renea Hicks 07/27/ Multiple correspondence regarding recent filings; Telephone conference with Meredith in Gary Bledsoe's office and Jose Garza regarding LULAC depositions 07/27/2011 DR Multiple phone calls with Jose Garza, client and Harold Dutton; review amended pleadings 07/28/ Review recent filings and correspondence regarding upcoming pretrial deadlines; correspondence to client and Harold Dutton 07/28/2011 DR Multiple phone calls with Becker, Ed Martin, and client; review and analyze briefing 07/29/ Review correspondence by all parties regarding pre trial scheduling and joint motion to extend deadlines; receipt and review LULAC's responses to interrogatories and supporting documents 07/29/2011 DR Multiple phone calls with client, Jose Garza, Gerry Hebert; review and analyze briefing; multiple correspondence exchanges with parties regarding motion amending scheduling order 08/01/ Review recent pleadings; begin drafting pretrial disclosures with regard to trial witnesses and exhibits; review orders regarding scheduling order and motion for protective order; correspondence to George Korbel regarding Ellis and Coleman Letters 08/01/2011 DR Multiple discussions with Ed Martin, Jose Garza and client Telephone conference with George Korbel; work on witness and 9 Page 9 of 33

21 Case 5:11-cv OLG-JES-XR Document Filed 08/09/13 Page 21 of 44 exhibit lists; review orders 08/02/ Compile documents to use as deposition exhibits for depositions of Jeff Archer, Doug Davis and Gerardo Interiano; review deposition notices and document requests; review recent filed pleadings and notices 08/02/2011 DR Prepare for depositions; attend depositions of Jeff Archer, Doug Davis and Gerardo Interiano; prepare correspondence to Harold Dutton regarding deposition; review expert reports; Telephone conference with client, Ed Martin and George Korbel 08/03/ Correspondence exchange with Renea Hicks regarding supplemental initial disclosures; review recent filings and deposition notices 08/03/2011 DR Review deposition notices; read memo re Ellis; Telephone conference with client, Renea Hicks and Jose Garza; legal research 08/04/2011 DR Telephone conference with Ed Martin and Becker; reveiw disclosures; meeting with Gray & Becker; Telephone conference with Renea Hicks, Ed Garza and Chris Herren 08/05/ Telephone conference with court regarding order granting motion for leave to file 3rd amended complaint; review recent filings and discovery responses; review interrogatories to Harold Dutton and begin revise draft answers; forward same to Rick Gray for his review; review pretrial disclosures 08/05/2011 DR Multiple phone calls with client, Ed Martin and Jose Garcia; correspondence exchange with AG attorney; begin drafting answers to interrogatories to Harold Dutton; participate in conference call regarding depositions and discovery 08/07/ Review written discovery requests propounded to Perez Plaintiffs; 10 Page 10 of 33

22 Case 5:11-cv OLG-JES-XR Document Filed 08/09/13 Page 22 of 44 review deposition notices of Pereze Plaintiffs; review all deposition notices of all Plaintiffs and Defendants 08/08/ Draft motion for protective order and proposed order; correspondence to opposing counsel for defendants regarding Harold Dutton's discovery responses; review deposition notices and prepare list of deponents; review pretrial disclosures filed by MALC, NAACP, Rodriguez Plaintiffs; begin drafting responses to interrogatories and admissions 08/08/2011 DR Multiple phone discussions with client, Gerry Hebert, Rick Gray, and Jose Garza regarding depositons and expert reports; Telephone conference with Matthew Frederick to discuss depositions for purposes of certificate of conference correspondence exchange with Matthew Frederick regarding motion for protective order; revise and finalize motion for protective order; review Lichtman's expert report; meet with Ed Martin regarding maps 08/08/ Review and analyze federal rules on discovery, depositions and protective orders to determine response to deposition notices from state 08/09/ Phone calls with Rudy Ortiz, Deborah Debose, Nancy Hall, Gregory Tamez, and Sergio Salinas regarding interrogatories; prepare correspondence to all plaintiffs regarding interrogatories; work on discovery responses; review expert reports and attachments filed by plaintiffs 08/09/2011 DR Meet with Harold Dutton; present him for deposition; attend deposition of Interiano; prepare memo to client; telephone conferences with Rick Gray and Jose Garza 08/10/ Revise and file Response to Motion for Reconsideration of Order Granting Motions to Quash; continue review of parties' pretrial 11 Page 11 of 33

23 Case 5:11-cv OLG-JES-XR Document Filed 08/09/13 Page 23 of 44 disclosures and expert reports; telephone with Mr. Salinas regarding interrogatories; correspondence from Carmen Rodriguez regarding same; correspondence to client regarding motion to reconsider; Revise and file Response to Motion to Stay 08/10/2011 DR Review Defendants' Motion to Reconsider; prepare Response to Motion to Reconsider; prepare Response to Court's Directive of August 8, 2011; review filings by other parties regarding their opposition for motion to stay; discussions with client and Rick Gray regarding same 08/11/ Work on revisions to plaintiffs' answers to interrogatories and plaintiffs' responses to requests for production; correspondence to Rick Gray regarding same; correspondence with Carmen Rodriguez regarding her answer to Interrogatory No. 4; revise and send discovery responses to each plaintiff for their review and approval; correspondence from Shannon Perez regarding her response to Interrogatory No. 4; correspondence with Dorothy DeBose regarding her response to Interrogatory No. 4; review recent filings 08/11/2011 DR Weekly conference call with parties regarding discovery and trial; review various responses to Court's directive on motion to stay; multiple phone calls with Ed Martin, Jose Garza, client and Rick Gray; work on responses to interrogatories and admissions 08/12/ Correspondence to client regarding order denying privilege claim by Republican Congress; correspondence from Gregory Tamez regarding approval of discovery responses; correspondence from Shannon Perez regarding response to Interrogatory No. 4 and responses to requests for admissions; Telephone conference with Rudy Ortiz regarding his approval of discovery responses; Telephone conference with Ken at AG's office regarding access to State's documents; Telephone conference with Susan in Rick Gray's office regarding State's document production; incorporate Shannon Perez and Dorothy DeBose revised responses to interrogatories 12 Page 12 of 33

24 Case 5:11-cv OLG-JES-XR Document Filed 08/09/13 Page 24 of 44 and requests for admissions and send to Susan in Rick Gray's office 08/12/2011 DR Multiple phone calls with Ed Martin, Jose Garza, client and Rick Gray; review and revise plaintiffs' responses to discovery; correspondence exchange with parties regarding discovery; begin reviewing State documents 08/14/ Correspondence with Carmen Rodriguez regarding answer to Interrogatory no 4; revise response 08/14/2011 DR Review Congressional documents 08/15/ Correspondence exchange with Carmen Rodriguez regarding interrogatories; correspondence to client and Renea Hicks; finalize discovery responses and serve on Defendants 08/15/2011 DR Multiple phone discussions with Jerry Hebert, client, Renea Hicks and Rick Gray; prepare memo to Ed Martin regarding congressional documents; correspondence regarding DOJ letter 08/16/ Review recent filings and discovery responses; revise Affidavits for each plaintiff; research county for voter precincts to fill in affidavit; send affidavits to Rick Gray for approval; send same to plaintiffs 08/16/2011 DR Review discovery responses filed by plaintiff parties; correspondence with defendants regarding depositions; draft affidavits to Perez Plaintiffs 08/17/ Multiple phone discussions with Sergio Salinas regarding affidavit; Telephone conference with Rudolfo Ortiz regarding affidavit 08/17/2011 DR Attend depositions; conference calls with Jose Garza and Gerry Hebert; correspondence with Timothy Mellett regarding Senator Ellis; review file documents 08/18/ Review motion to dismiss and motion for partial summary 13 Page 13 of 33

25 Case 5:11-cv OLG-JES-XR Document Filed 08/09/13 Page 25 of 44 judgment; review order regarding response to same; correspondence exchange with clients regarding affidavit 08/18/2011 DR Review and analyze documents and State's motion to dismiss and motion for partial summary judgment; correspondence regarding same 08/19/2011 DR Begin drafting response to Motion to Dismiss and Motion for Partial Summary Judgment; multiple phone calls with Jose Garza and Rick Gray regarding same 08/20/2011 DR Attend lawyer meeting in San Antonio 08/22/ Work on Consolidated Response to State's Motion to Dismiss and Motion for Partial Summary Judgment; compile exhibits in support of same; correspondence to Rick Gray regarding same; receipt and review affidavits from plaintiffs; review recent filings 08/22/2011 DR Draft consolidated response to Motion to Dismiss and Motion for Partial Summary Judgment; Telephone conference with Gerry Hebert and review Rodney Ellis letter to DOJ 08/23/ Reciept and review recent filings; compile exhibits for consolidated response; revise, finalize and efile consolidated response to motions to dismiss and motion for partial summary judgment; Telephone conference with clerk regarding exhibits 08/23/2011 DR Finalize consolidated response to State's Motion to Dismiss and Motion for Partial Summary Judgment; review final Rodney Ellis letter and attachments 08/24/2011 DR Review and designate trial exhibits; review Ellis letter to DOJ; multiple phone conferences with Rick Gray, Jose Garza and 08/24/ Correspondence to client regarding DOJ letter; correspondence to clients regarding affidavits 14 Page 14 of 33

26 Case 5:11-cv OLG-JES-XR Document Filed 08/09/13 Page 26 of 44 08/25/ Work on pretrial order; correspondence with Rick Gray regarding same; correspondence with clients regarding affidavits; review recent filings 08/25/2011 DR Draft Perez Plaintiffs' portions of pretrial report; Conference call with all case parties; deposition preparation of Gerardo Interiano 08/26/ Continue revisions of inserts for pretrial order; review scheduling order for upcoming deadlines; revise and send proposed letter in response to State's letter; correspondence to Martin Golando regarding deposition transcript of Jeff Archer 08/26/2011 DR Attend portion of Gerardo Interiano's deposition; continue working on Perez Plaintiffs' portions of pretrial order; legal briefing regarding same 08/28/2011 DR Meeting with Rick Gray and Ed Martin 08/29/2011 DR Continue working on items for Joint Pretrial Order; review States' proposed stipulated facts; Telephone conference with Rick Gray; Telephone conference with Rogene Calvert; draft memorandum 08/30/ Revise and edit proposed conclusions of law and findings of fact for purposes of Joint Pretrial Order; correspondence to Ana Jordan regarding items for pretrial order; review recent filings; correspondence to Rene Lara with Texas AFL-CIO regarding 08/30/2011 DR Work on pretrial order; review documents and filings; Telephone conference with client and Rick Gray 08/31/ Review draft joint pretrial order regarding Perez Plaintiffs; correspondence to Ana Jordan regarding changes and additions; review Court's orders and pretrial disclosures; correspondence to client; prepare pretrial notebook for Dave Richards; Telephone conference with Leo Rodriguez regarding Carmen Rodriguez' affidavit 15 Page 15 of 33

27 Case 5:11-cv OLG-JES-XR Document Filed 08/09/13 Page 27 of 44 08/31/2011 DR Attend deposition of Downton; work on pretrial order; review orders on pretrial/trial and motion for summary judgment; Telephone conference with Rick Gray and client 09/01/ Telephone conference and correspondence with Rogene Calvert regarding information on non profit organization backing up plaintiff's lawsuit; correspondence with Rick Gray regarding same; correspondence to Matt Frederick regarding Carmen Rodriguez' affidavit 09/01/2011 DR Travel to San Antonio; attend pretrial; return travel 09/02/ Revise and finalize letter to clients regarding trial; compile documents for trial notebook; page and line designations of Gerardo Interiano, Volumes 2 and 3 and Jeffrey Archer; review recent filings and order regarding State's motion to dismiss 09/02/2011 DR Prepare for trial; page and line designations of Gerardo Interiano and Jeff Archer; meeting with Rick Gray to prepare for trial 09/05/2011 DR Travel to San Antonio; trial preparation 09/06/2011 DR Attend trial 09/07/2011 DR Attend trial; return travel to Austin 09/08/2011 DR Review and analyze daily trial transcript 09/09/2011 DR Review and analyze daily trial transcript; Telephone conference with and correspondence with Rick Gray and client; review trial documents 09/09/ Correspondence to Rick Gray regarding deposition transcripts of Gerardo Interiano 09/12/2011 DR Review record; travel to San Antonio; attend trial 16 Page 16 of 33

28 Case 5:11-cv OLG-JES-XR Document Filed 08/09/13 Page 28 of 44 09/13/2011 DR Attend trial; return travel to Austin 09/14/2011 DR Legal research; review and analyze trial record; Telephone conference with Rick Gray regarding closing arguments 09/15/2011 DR Review and analyze trial record 09/16/2011 DR Review and analyze trial record; Telephone conference with Rick Gray regarding brief; Telephone conference with Jose Garza regarding trial brief 09/16/ Revise and finalize letter to clients regarding trial update 09/19/2011 DR Review and analyze trial transcript; Telephone conference with client and Gerry Hebert 09/20/2011 DR Participate in conference call; review trial transcript; review stipulations; conference with Rick Gray and client 09/21/2011 DR Review trial court record; continue briefing 09/22/2011 DR Read Kauser's report; Telephone conference with Nina Perales and George Korbel; Telephone conference with Jose Garza regarding filing Temporary Restraining Order 09/23/2011 DR Review trial court record; continue briefing 09/26/ Compile Plaintiff's trial exhibits regarding MAPS 09/26/2011 DR Review trial court record; continue briefing 09/27/ Revise, finalize and file Objection to State Defendants' Offer of Proof 09/27/2011 DR Review trial court record; telephone conference with Rick Gray; prepare Response to State's Notice of Filing Counter-Offers of Proof 17 Page 17 of 33

29 Case 5:11-cv OLG-JES-XR Document Filed 08/09/13 Page 29 of 44 09/28/2011 DR Continue reading trial transcript; Legal research for post trial brief 09/29/2011 DR Continue reading trial transcript; Legal research for post trial brief 09/30/ Pull caselaw for brief; revise post trial brief 09/30/2011 DR Continue reading trial transcript; Legal research for post trial brief; begin drafting post trial brief 10/03/ Revise and edit trial brief 10/03/2011 DR Draft Post Trial Brief 10/04/ Revise Post Trial Brief; review incoming orders and recent filings 10/04/2011 DR Continue drafting Post Trial Brief; legal research regarding same 10/05/ Revise Post Trial Brief 10/05/2011 DR Continue drafting Post Trial Brief; legal research regarding same 10/06/ Revise Post Trial Brief; send to Rick Gray for his review and comments 10/06/2011 DR Continue drafting Post Trial Brief; legal research regarding same; Telephone conference with Rick Gray 10/07/2011 DR Finalize Post Trial Brief; telephone discussions with Jose Garza and Rick Gray 10/07/ Revise and finalize Post Trial Brief and compile brief exhibits and efile with court; correspondence to counsel regarding same 10/10/ Review recent filings of post trial briefs and proposed findings of fact and conclusions of law; correspondence to client regarding State's Post Trial Brief 18 Page 18 of 33

30 Case 5:11-cv OLG-JES-XR Document Filed 08/09/13 Page 30 of 44 10/10/2011 DR Multiple phone calls with Jose Garza and Rick Gray; review State's post trial brief 10/11/ Review recent filings including orders admitting exhibits; review exhibits 10/11/2011 DR Multiple phone discussions with Jose Garza; review briefs; legal research 10/12/2011 DR Archive legal research on Valles for response to briefs 10/13/2011 DR Continue review of briefs; legal research for response to briefs; multiple phone calls with Jose Garza 10/14/2011 DR Continue review of briefs; legal research for response to briefs; Telephone conference with Rick Gray et al 10/17/2011 DR Legal research; begin drafting Reply Brief 10/18/ Review recent Interim Plans proposed by other Plaintiffs; revise, finalize and file Perez Plaintiffs' Advisory to the Court Regarding Interim Plan; Telephone conference with court regarding Maps that exceeded size limit for ECF filing; prepare Submission of Exhibits to Perez Plaintiffs' Advisory Regarding Interim Plan; correspondence to all parties regarding same; correspondence to client regarding Interim Plans filed on behalf of Perez Plaintiffs 10/18/2011 DR Work on Reply Brief; Telephone conference with Jose Garza; Telephone conference with Collins regarding Dallas election official 10/19/ Revise Reply Brief; review case law for insertions for brief 10/19/2011 DR Research at Texas State Library Archives for Valles brief; work on Reply Brief; Draft Advisory to Court Regarding Interim Plan 10/20/ Revise Reply Brief; send to Rick Gray; review order regarding post 19 Page 19 of 33

31 Case 5:11-cv OLG-JES-XR Document Filed 08/09/13 Page 31 of 44 briefing and hearing schedule 10/20/2011 DR Work on Reply Brief; legal research and continue reviewing Valles Brief; Telephone conference with Rick Gray 10/21/ Finalize and file Reply Brief; correspondence to client regarding same; correspondence to Phil Durst regarding brief; review recent filings 10/21/2011 DR Telephone conference with Rick Gray; finalize Reply Brief; Telephone conference with Phil Durst regarding brief; correspondence to client regarding Reply Brief 10/24/2011 DR Review and analyze State's reply brief 10/25/2011 DR Review Interim Plan objections; correspondence to Rick Gray 10/26/2011 DR Review DOJ's recent filings; conference with Rick Gray regarding interim plans; participate in conference call 10/27/2011 DR Communications with Jose Garza regarding report; meet with Rick Gray; review maps 10/28/2011 DR Review orders and recent filings; telephone discussions to various counsel 10/31/2011 DR Review case law 11/01/2011 DR Review recent filings and caselaw; meeting with Rick Gray 11/02/2011 DR Prepare memo to Rick Gray; prepare for hearing; review transcript of hearing 11/03/2011 DR Travel to San Antonio; attend hearing; return travel 11/04/ Correspondence to Harold Dutton regarding order dismissing prison claims 20 Page 20 of 33

32 Case 5:11-cv OLG-JES-XR Document Filed 08/09/13 Page 32 of 44 11/04/2011 DR Telephone conference with Jose Garza and George Korbel; review file; telephone conference with Rick Gray; correspondence to Harold Dutton regarding prison claims; review Motion for Summary Judgment orders 11/07/2011 DR Telephone conference with George Korbel and Rick Gray; review file 11/10/ Correspondence to client regarding advisory to the court regarding deviation 11/14/ Revise and file Perez Plaintiffs' Response to State's Advisory regarding the deviation from equalized district population in interim redistricting plans; correspondence to Rick Gray, Gerry Hebert and Jose Garza regarding same 11/14/2011 DR Prepare Response to State's Advisory 11/15/2011 DR Review documents recently filed; multiple phone calls with clients et al 11/16/2011 DR Telephone conferences with Rick Gray and Jose Garza; review DOJ filing and transcript 11/17/ Review court orders regarding interim plans; confer with Dave Richards and retrieve and review plans submitted by Court 11/17/2011 DR Review court proposed plans; telephone conferences with Rick Gray and Jose Garza regarding same 11/18/ Review recent court filings; correspondence to client regarding recent Advisories regarding court's proposed interim plans 11/18/2011 DR Multiple telephone conference with Gerry Hebert, Rick Gray and Jose Garza; review court proposed plans and objections by defendants and other parties 21 Page 21 of 33

33 Case 5:11-cv OLG-JES-XR Document Filed 08/09/13 Page 33 of 44 11/18/2011 DR Prepare for and attend caucus meeting 11/21/2011 DR Telephone discussions with Renea Hicks and Jose Garza; prepare memo 11/23/ Review recent filings and orders regarding proposed plans; retrieve interim plans and reports 11/25/2011 DR Review orders regarding interim plans; conference with Rick Gray; Gerry Hebert and Jose Garza 11/28/ Retrieve and review Orders on interim House and Senate plans; review emergency application for stay filed with US Supreme Court; research rules regarding application; Telephone conference with clerk regarding response deadline 11/28/2011 DR Review motion to stay and order and notice of appeal; conference with Jose Garza and Rick Gray; review State's Application for Emergency Stay to the US Supreme Court; begin drafting introduction and points of argument for response to application for emergency stay; conference with clients regarding same 11/29/ Read US Supreme Court rules regarding response; work on Response to State's Emergency Application for Stay; correspondence to Jose Garza and Rick Gray regarding same 11/29/2011 DR Attend Caucus Meeting; continue working on response to emergency stay; correspondence with Rene Hicks, Gerry Hebert, Rick Gray and Jose Garza 11/30/ Telephone conference with D. Bickell, US clerk, regarding response to emergency application for stay; correspondence to Chad Dunn regarding same; continue working on Response to Emergency Application for Stay 11/30/2011 DR Revise Response to application for emergency stay; Telephone conference with Rick Gray, Jose Garza and Gerry Hebert 22 Page 22 of 33

34 Case 5:11-cv OLG-JES-XR Document Filed 08/09/13 Page 34 of 44 12/01/ Revise and finalize letter to Representative Harold Dutton; communications with Rick Gray regarding same 12/01/2011 DR Telephone conference with Rick Gray, Gerry Hebert and Jose Garza regarding consolidated response to application for emergency stay; finalize revisions to response to same; work on Rep. Harold Hutton issues 12/02/2011 DR Review Court Opinion; correspondence 12/05/2011 DR Review new motion to stay filings; Telephone conference with Renea Hicks and MALDEF attorneys 12/06/2011 DR Review appellate filings; Telephone conference with Rick Gray, Jose Garza and Gerry Hebert 12/07/2011 DR Review file; Telephone conference with Renea Hicks and Gerry Hebert; review recent filings; prepare correspondence to Harold Dutton 12/07/ Revise and finalize letter to co-counsel regarding motion to dismiss claims of Rep. Harold Dutton 12/08/2011 DR Telephone conference with Gerry Hebert and client; review filings to the Supreme Court 12/09/2011 DR Review Supreme Court order; telephone calls with counsel regarding same; review file 12/10/2011 DR Correspondence with counsel regarding Supreme Court's order; review order; telephone conference with Renea Hicks 12/11/2011 DR Multiple telephone conferences with Jose Garza, Renea Hicks and Rick Gray 12/12/ Revise and finalize Motion and proposed order to dismiss Harold 23 Page 23 of 33

35 Case 5:11-cv OLG-JES-XR Document Filed 08/09/13 Page 35 of 44 Dutton Jr. as a party plaintiff; retrieve and review Order setting conference and Supreme Court Order granting motion to stay and setting briefing deadlines and oral argument 12/12/2011 DR Draft Motion to Dismiss Harold Dutton as Party Plaintiff; telephone conferences with Blais, Chad Dunn, Jose Garza and George Korbel 12/13/2011 DR Travel to San Antonio for hearing; attend hearing; return travel to Austin 12/14/2011 DR Draft memorandum; correspondence to counsel; review orders 12/15/ Revise and finalize memorandum regarding projected scenario 12/15/2011 DR Multiple telephone discussions with Rick Gray and Jose Garza; review notes and orders 12/16/2011 DR Correspondence with Menke; Telephone conference with Rick Gray; Telephone conference with Jose Garza 12/19/ Prepare consent to filing of amicus briefs to the US Supreme Court 12/19/2011 DR Correspondence with opposing counsel; review map data; Telephone conference with Jose Garza and Gary Bledsoe 12/20/ Correspondence to all counsel regarding consent to amicus brief filings 12/21/ Receipt of appellants and appellees' briefs to the U.S. Supreme Court; correspondence to client regarding same 12/23/2011 DR Review District of Columbia court opinion; correspondence regarding same 12/27/2011 DR Correspondence regarding plans; telephone conference with Rick Gray and Renea Hicks 24 Page 24 of 33

36 Case 5:11-cv OLG-JES-XR Document Filed 08/09/13 Page 36 of 44 12/28/ Correspondence to Danny Bickell regarding pass to attend oral argument 12/28/2011 DR Review court advisory; correspondence and telephone conference with Jose Garza 12/29/2011 DR Review amicus brief filings 01/03/ Receipt and review multiple reply briefs; correspondence to client regarding reply briefs 01/03/2012 DR Review Supreme Court briefs; multiple correspondence with client, Jose Garza and Rick Gray 01/04/ Correspondence to attorneys representing amici curiae regarding briefs; receipt of 4 amici curiae briefs 01/04/2012 DR Multiple telephone conferences with Jose Garza and Rick Gray; review State's Reply Brief and amicus brief; multiple correspondence regarding same 01/06/ Telephone conference with client regarding map data; retrieve and download map data for H299, H302 and H283 01/06/2012 DR Review redistricting maps and data 01/10/2012 DR Review post trial brief; multiple correspondence regarding same; review file material 01/16/2012 DR Telephone conference with George Korbel and Gerry Hebert; prepare correspondence 01/17/ Review file for motions and responses on protection of legislative communications 01/17/2012 DR Multiple correspondence and discussions with co counsel regarding Opiela and Interiano communications 25 Page 25 of 33

37 Case 5:11-cv OLG-JES-XR Document Filed 08/09/13 Page 37 of 44 01/18/2012 DR Multiple correspondence and telephone discussions with counsel regarding DOJ's request for prior transcript and exhibit disclosures 01/19/2012 DR Draft Advisory to the Court; research regarding same 01/19/ Revise Advisory to the Court; correspondence to Rick Gray regarding same; finalize and file Advisory to the Court 01/20/2012 DR Review Supreme Court order and opinion regarding decision on notice of appeal; correspondence and conference with Rick Gray regarding same 01/21/2012 DR Review recent court filings and upcoming deadline; multiple correspondence regarding same 01/22/2012 DR Multiple correspondence regarding Supreme Court decision and discussions with counsel regarding motion and opposition to State's motion for reconsideration of status conference 01/23/ Revise reply to State's Response to Plaintiffs Perez Advisory; correspondence to Rick Gray and client regarding same; review recent filings 01/23/2012 DR Review Defendants' Response and draft Reply to Defendants' Response to Plaintiffs' Advisory; review order; Multiple phone conferences with Renea Hicks and Rick Gray; review Hannah s 01/24/2012 DR Multiple phone discussions with Renea Hicks, Rick Gray and George Korbel; review recent deposition of Gerardo Interiano; discussion with Jose Garza regarding same; meeting with Rick Gray regarding response to court 01/25/2012 DR Review Supreme Court memo; review federal court order; multiple telephone discussions with Rick Gray, Jose Garza and 26 Page 26 of 33