Jami L. Pannell, OSB #06429 Animal Law Clinic Lewis & Clark Law School 10015 SW Terwilliger Boulevard Portland, OR 97219-7799 Telephone: 503.768.6848 Facsimile: 503.768.6917 Email: anmlclin@lclark.edu Attorney for Defendant Kevin Mieras IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON GREGG SCHUMACHER and LINDA SCHUMACHER, individually and as husband and wife, and GREGG SCHUMACHER FURS LLC dba SCHUMACHER FURS & OUTERWEAR, CV-07-00601-MO Plaintiffs, v. DECLARATION OF JAMI PANNELL IN SUPPORT OF MOTION FOR CITY OF PORTLAND, a municipal corporation; IN DEFENSE OF ANIMALS, a foreign nonprofit corporation; ANIMAL ON BEHALF OF DEFENDANT LIBERATION FRONT, an unincorporated KEVIN MIERAS association; PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC., a foreign nonprofit corporation; MATT ROSSELL; KEVIN MIERAS aka Bluejay ; CONNIE DURKEE; ALEX LILLI; JOHN DOES 1-10; and JANE DOES 1-10, Defendants. I, Jami Pannell, declare and testify as follows: 1. I make the following statements based on my personal knowledge. PAGE 1 DECLARATION OF JAMI PANNELL IN SUPPORT OF MOTION FOR
2. I am a staff attorney for the Animal Law Clinic at Lewis and Clark Law School, and I am one of two attorneys who represented defendant Kevin Mieras throughout the majority of this case, and I remain his sole attorney today. I make this declaration in support of Mr. Mieras motion for attorney fees. 3. The number of hours and services rendered by the Animal Law Clinic in this matter are as follows: Name Position Hourly Rate Number of Hours Total Fees Jami Pannell Attorney $125 (out of court $200 (court time 79.6 4 $9,950 $800 4. As an attorney for a 501(c(3 non-profit organization, I often take cases on a pro bono basis, but stipulate with clients that I will seek attorney fees from opposing parties as allowed by law. The above hourly rate is based upon our retainer agreement with Mr. Mieras, which provides that if he is awarded attorney fees, my rate is $125 per hour for all services except court time, which is $200 per hour. These are the standard rates I charge clients when I do not charge them separately for staff time, law clerk time, shipping and postage, office supplies, mileage, and photocopying. 5. As a matter of judgment, I am electing to forego requesting reimbursement for the numerous telephone and email communications between my client and myself, which total over 10 hours. 6. Attached as Exhibit A to this declaration is a detailed listing of my time entries and description of services rendered by myself in this matter through October 4, 2007. The entries account for each tenth of an hour spent defending Mr. Mieras in this matter. PAGE 2 DECLARATION OF JAMI PANNELL IN SUPPORT OF MOTION FOR
7. The attorney fees charged in this matter are appropriate and reasonable considering the issues involved, the briefing required, the experience of the attorneys involved and the amount in controversy. 8. The hourly rate is appropriate under recent surveys of rates and fees charged by Portland attorneys of similar experience in civil litigation matters. According to the 2002 Oregon State Bar Economic Survey, the average hourly rate for attorneys admitted to practice 0-3 years was $144 per hour. 9. Adjusting the 2002 Oregon State Bar Economic Survey rates for inflation at 3% through 2007 produces an average rate of $167 per hour, which is well above the fees sought here, which average out to approximately $129 per hour. 10. My responsibilities at the Animal Law Clinic include selecting cases and clients, and assuming primary responsibility and often sole representation of those clients. In addition, I am a clinical professor of law, which entails supervising and educating up to eight law students each semester. 11. Based on the above, Mr. Mieras is entitled to a reasonable and appropriate award of attorney fees in the amount of $10, 750 for the services rendered by the Animal Law Clinic. I declare under penalty of perjury that the foregoing is true and correct. Executed this 4th day of October, 2007, at Portland, Oregon. Jami Pannell PAGE 3 DECLARATION OF JAMI PANNELL IN SUPPORT OF MOTION FOR
LISTING OF TIME ENTRIES AND SERVICES Jami Pannell Schumacher v. City of Portland, Case No. CV 07-601- MO Client: Kevin Mieras Date Duration Description 5/3/2007 2.1 Initial meeting with client, discussion with co-counsel. 5/4/2007 3.3 File/document review (complaint, motion for PI, documents provided by client. 5/5/2007 3.9 Anti-SLAPP research; reviewed FRCP & local rules. 5/7/2007 1 Telephone conference with IDA counsel and co-counsel. 5/7/2007.4 Fax to plaintiffs counsel; entry of appearance. 5/8/2007.3 Reviewed fax from plaintiffs counsel & responded. 5/8/2007.5 Conferred with co-counsel; reviewed memo from co-counsel re: pendent party jurisdiction. 5/8/2007 1.3 Researched media coverage re: case; reviewed client s materials; conferred with client. 5/9/2007 1.6 Meeting with defense counsel at offices of Kafoury & McDougal; travel to/from meeting. 5/9/2007 3.1 Researched law of preliminary injunctions and hearsay in affidavits; wrote memo for co-counsel and IDA counsel. 5/10/2007 2.3 Prepared answer (not filed; prepared client declaration. 5/11/2007 4.8 Finalized joint filings with IDA counsel; travel to/from IDA counsel s office; met with client re: declaration. 5/16/2007 1.8 Prepared for oral argument re: preliminary injunction hearing. 5/17/2007 2 Court appearance re: motion for preliminary injunction. 5/17/2007.9 Travel to/from courthouse; post-hearing conference with client and co-counsel. 5/17/2007 2.2 Researched motion for reconsideration; conferred with IDA counsel. 5/18/2007 2 Researched John Doe issue; drafted memo. 5/19/2007 2.5 Legal research re: preliminary injunctions. 5/20/2007 8.2 Researched & wrote first draft of Mieras motion for reconsideration. 5/21/2007.3 Reviewed research provided by N. McDougal re: motion for reconsideration. 5/21/2007 6 Further research re: motion for reconsideration; edits to draft. 5/22/2007 4.5 Further research re: motion for reconsideration; edits; conferred with co-counsel; prepared affidavit. 5/23/2007 3.8 Prepared exhibits re: motion for reconsideration; further edits to motion. 5/25/2007 2.2 Finalized motion; conferred with plaintiffs counsel; filed motion. 5/31/2007 1.9 Wrote Mieras 2 nd Suppl. Declaration; conferred with client; filed. 6/5/2007.5 Reviewed and edited reply to City's opposition to defendant's motion to dismiss for lack of jurisdiction. 6/9/2007 2 Reviewed plaintiffs opposition & supporting documents re: motion for reconsideration. Exhibit A to Pannell Declaration
6/12/2007 1.2 Conferred with co-counsel re: reply to opposition; edited draft. 6/14/2007 1 Reviewed letter from plaintiffs counsel; researched & responded; conferred with M. McDougal. 6/16/2007 3 Reviewed documents and performed research to prepare for hearing. 6/18/2007 2.0 Oral argument on special motion to strike, motion for reconsideration. 6/19/2007 2 Research re: supplemental brief requested by the Court on Mieras special motion to strike (whether existence of website might constitute either of the two remaining COA. 6/25/2007 1 Conferred with co-counsel re: supplemental brief. 6/28/2007 1.2 Made final edits to supplemental brief and filed. 8/25/2007 1 Reviewed Plaintiffs response to IDA & PETA s motions for attorney fees. 8/30/2007.8 Reviewed IDA & PETA s response to Plaintiffs motion for reconsideration. 9/20/2007.8 Reviewed order for judgment of dismissal and opinion re: Mieras. 10/3/2007 4.2 Prepared motion for attorney fees, supporting memorandum, declaration and exhibit. Total In- 4.0 Court Hours Total Outof-Court 79.6 Hours TOTAL 83.6 HOURS Exhibit A to Pannell Declaration