exhibit b - moritzlaw.osu.edu · subodh chandra 2012.06.25 subodh chandra motion to modify....

EXHIBIT B

Case: 2:06-cv-00896-ALM-TPK Doc #: 393-15 Filed: 12/12/13 Page: 1 of 43 PAGEID #: 14026

Chandra Law Firm, LLC1265 West 6th St., Suite 400Cleveland, OH 44113.1326

216.578.1700 www.ChandraLaw.com

Nov 15, 2013Invoice # 240

Page 1 of 42

Invoice forNortheast Ohio Coalition for the Homeless, SEIU Local 1199, et al. invoiceIn reference toNortheast Ohio Coalition v. Husted, et al.

professional servicesHrs/Rate Subtotal

Subodh Chandra

2012.10.01 Subodh ChandraMOTION TO VACATE.

Communication to co-counsel re potential Sixth Circuit arguments. Receive debriefing regarding oral argument and engage in strategy discussion regarding potential next steps depending on one of several potential outcomes. Outreach to co-counsel C. Gentry re potential strategy in reaction to potential result. Various communications among co-counsel. Brief client.

01:12$435.00

$522.00

Subodh Chandra

2012.06.16 Subodh ChandraMOTION TO MODIFY.

Update regarding brief draft seeking expansion of Decree.

00:06$435.00

$43.50

Subodh Chandra


Analyze and edit draft brief seeking affirmative expansion of consent decree. Formulate thoughts concerning Professor Kimball’s expert opinion. Communications with C. Gentry (lead co-counsel). Communication to D. Leonard (SEIU co-counsel).

02:24$435.00

$1,044.00





Page 2 of 42

Hrs/Rate Subtotal

Subodh Chandra


Further editing of brief seeking expansion of consent decree. Exchanges among counsel. Transmit comments.

00:18$435.00

$130.50

Subodh Chandra


Communications with co-counsel.

00:12$435.00

$87.00

Subodh Chandra


Meeting with client, Brian Davis, of Northeast Ohio Coalition for the Homeless to discuss case. Calls with Brian to various potential allies and to Ms. C. Gentry.

01:12$435.00

$522.00

Subodh Chandra


Analyze and comment on Professor David Kimball’s expert report. Ensure that all information needed have been gathered to submit with brief seeking expansion of consent decree.

00:12$435.00

$87.00

Ashlie Sletvold

2012.05.05 Ashlie SletvoldMOTION TO ENJOIN.

Continue review of previous case materials; review and comment on draft brief.

03:30$350.00

$1,225.00

Ashlie Sletvold


Confer with co-counsel regarding draft of urgent motion to enjoin collateral attack on consent decree; continue revisions to urgent motion.

02:24$350.00

$840.00





Page 3 of 42

Hrs/Rate Subtotal

Subodh Chandra

2012.04.26 Subodh ChandraMOTION TO ENJOIN.

Discussion with C. Gentry and S. Leyton (separate new counsel for SEIU) re motion before Judge Marbley to stop State of Ohio from reneging on consent order. Tel. coordination re analysis and issues for stopping Niehaus, et al. effort to invalidate consent decree. Further coordination with client. Supplement existing research regarding Anti-Injunction Act and All-Writs Act while analyzing initial draft of motion to enjoin prepared by C. Gentry and colleagues; note additional comments.

01:24$435.00

$609.00

Ashlie Sletvold

2012.06.11 Ashlie SletvoldMOTION TO MODIFY.

Participate in conference call with co-counsel to discuss strategy and evidence for modification motion.

01:54$350.00

$665.00

Subodh Chandra


Further attention to and consideration of information presented to expert Kimball and direction of expert analysis.

00:12$435.00

$87.00

Subodh Chandra


Attention to C. Gentry analysis and comments re direction of expert Professor Kimball’s analysis.

00:06$435.00

$43.50

Subodh Chandra


Attention to SEIU client contact needed re latest collateral attack on consent decree. Communication to C. Gentry. Further analysis and identification of issues for clients regarding effort by Republican legislative leadership to collaterally attack consent decree.

00:18$435.00

$130.50





Page 4 of 42

Hrs/Rate Subtotal

Ashlie Sletvold


Review background information to prepare to review and comment on draft motion for emergency relief.

03:42$350.00

$1,295.00

Subodh Chandra


Analyze materials sent by Caroline Gentry regarding collateral attack on NEOCH consent decree in Supreme Court of Ohio by Republican legislator parties allied with Secretary of State Husted. Tel. conference with co-counsel re same. Further consideration of next steps.

00:54$435.00

$391.50

Ashlie Sletvold


Confer with co-counsel regarding status; participate in conference call with co-counsel to prepare for call with court; participate in telephonic status hearing with court.

01:54$350.00

$665.00

Ashlie Sletvold


Confer with co-counsel regarding relitigation argument; revise section of memorandum addressing third exception to Anti-Injunction Act; conduct legal research on notice and hearing requirements for civil contempt; draft motion for automatic substitution of secretary of state.

04:30$350.00

$1,575.00

Ashlie Sletvold


Review relators’ response to request for injunction; participate in conference call to discuss response; discuss reply; participate in drafting language of reply; participate in hearing with court for ruling on injunction request.

02:42$350.00

$945.00





Page 5 of 42

Hrs/Rate Subtotal

Subodh Chandra


Analyze draft section prepared by A. Sletvold regarding legal-policy arguments as to why Consent Decree should not so easily be vacated (for reply brief regarding validity of Consent Decree).

00:36$435.00

$261.00

Subodh Chandra


Analyze and carefully edit for lead counsel penultimate draft of our reply brief regarding the validity of the consent decree and Defendant’s request to modify or terminate it, with all integrated sections; substantial efforts to reduce length per court order. Provide comments regarding same including suggested insertions. Various communications with co-counsel. Attention to Secretary of State’s reply brief and consideration of same.

02:24$435.00

$1,044.00

Ashlie Sletvold

2012.05.17 Ashlie SletvoldMOTION TO VACATE.

Conduct legal research on estoppel principles relative to Ohio officials’ attempts to argue that the consent decree should be vacated after they represented that it merely restated Ohio law and affected no change; participate in conference call with co-counsel to discuss briefing ordered for May 30.

07:30$350.00

$2,625.00

Subodh Chandra


Attention to Court’s briefing and scheduling order regarding defense effort to invalidate consent decree. Prepare for strategy call. Participate in strategy call and divide assignments to avoid duplication. Communications with potential outside expert.

01:30$435.00

$652.50





Page 6 of 42

Hrs/Rate Subtotal

Ashlie Sletvold


Continue legal research on judicial estoppel; begin legal research on obligation of state officials to enforce and protect federal constitutional rights; review memorandum on privity issue.

06:30$350.00

$2,275.00

Ashlie Sletvold


Participate in conference call with co-counsel to discuss progress on delegated research projects for upcoming briefing; confer with co-counsel regarding collection of evidence from county boards of election in Cuyahoga, Stark, Summit, and Lorain counties.

01:30$350.00

$525.00

Ashlie Sletvold


Continue legal research for May 30 brief (obligation of secretary of state to enforce and protect federal constitutional rights; Painter decision); draft summary of Painter decision vis-a-vis the NEOCH Consent Decree; review outlines on division of labor among co-counsel for May 30 briefing, June 6 briefing, and efforts to modify consent decree.

05:42$350.00

$1,995.00

Ashlie Sletvold


Continue legal research on obligation of state officials to support the U.S. Constitution.

04:30$350.00

$1,575.00

Ashlie Sletvold


Continue legal research on secretary of state’s authority and obligation to enforce federal constitutional requirements; draft/revise section of opposition brief to motion to vacate detailing same in light of Painter; confer with co-counsel regarding draft; revise draft per his instructions.

01:06$350.00

$385.00





Page 7 of 42

Hrs/Rate Subtotal

Ashlie Sletvold


Review/revise draft brief due May 30; communicate with co-counsel regarding draft.

03:42$350.00

$1,295.00

Ashlie Sletvold


Communicate with co-counsel regarding evidence for May 30 briefing; review brief submitted by Ohio Secretary of State; review brief submitted by State of Ohio; confer with co-counsel regarding contents of defense briefing; participate in conference call with co-counsel regarding defense arguments and division of labor for June 6 briefing; conduct legal research for June 6 briefing.

04:12$350.00

$1,470.00

Subodh Chandra


Analyze briefs and attachments filed by all parties; discussion with C. Gentry re agenda; discussion with other co-counsel re outstanding public-records requests for voter data; conference call with all Plaintiffs’ counsel re strategy; delegate tasks to Ms. Sletvold. Attention to Secretary Husted’s reply concerning set deadlines on consent decree’s legal validity (attacking the consent decree). See State’s brief re set deadlines. Extensive communications among co-counsel re strategic considerations on various arguments regarding consent decree’s validity and critique of opposing parties’ arguments. Communications with Brian Davis at NEOCH.

04:30$435.00

$1,957.50





Page 8 of 42

Hrs/Rate Subtotal

Subodh Chandra


Edit draft Plaintiffs’ memorandum in opposition to Defendants’ request to modify or terminate consent decree (addressing issue of consent-decree’s legality, as requested by Judge Marbley), and submit comments and changes to central coordinator. Further communications and discussions re same. Respond to inquiries from co-counsel (pro hac vice) for further information regarding local rules and practice. (0.1) Communications with client, Brian Davis, with NEOCH conveying potentially vital information, and extensive communications with co-counsel regarding same.

01:54$435.00

$826.50

Ashlie Sletvold


Conduct legal research for policy argument against lack of finality of judgments for June 6 brief.

02:24$350.00

$840.00

Ashlie Sletvold


Participate in conference call with co-counsel to discuss division of labor for assembling evidence for modification motion; conduct searches for multi-precinct polling places by county.

02:54$350.00

$1,015.00

Ashlie Sletvold


Confer with co-counsel regarding briefing; review draft outline of opposition-to-motion-to-terminate decree brief and follow-up correspondence regarding specific sections and division of labor; continue legal research and draft policy argument for June 6 brief.

03:54$350.00

$1,365.00





Page 9 of 42

Hrs/Rate Subtotal

Ashlie Sletvold


Review and comment on draft sections of June 6 reply brief on issue of consent decree’s validity and defense effort to vacate it; draft and file notice of appearance.

01:06$350.00

$385.00

Ashlie Sletvold


Review and comment on draft reply brief seeking to protect consent decree from effort to terminate it.

01:30$350.00

$525.00

Ashlie Sletvold


Review draft questions for poll workers; prepare for call with poll worker; confer with co-counsel regarding response briefs.

00:18$350.00

$105.00

Ashlie Sletvold


Review the State of Ohio and the Secretary of State Husted’s combined brief in response to our motion to modify the consent decree. Participate in conference call with co-counsel to discuss reply brief strategy. Participate in calls with poll workers.

02:18$350.00

$805.00

Ashlie Sletvold


Communicate with C. Ford regarding experience at Cuyahoga County Board of Elections; confer with co-counsel regarding Ford declaration; draft declaration of Brian Davis; draft declaration of Cynthia Ford; participate in conference call with co-counsel and Brian Davis regarding draft declaration; review court’s order on request to vacate consent decree; draft declaration of Micky Trammell.

03:36$350.00

$1,260.00





Page 10 of 42

Hrs/Rate Subtotal

Subodh Chandra


Analyze State of Ohio and Secretary of State Husted’s combined brief in response to our motion to modify the consent decree. Take note regarding assignment with respect to standing facts. Communications to NEOCH client representative, Brian Davis. Participate in conference call with co-counsel to plot reply strategy and divvy up assignments. Make plans to gather facts and evidence to re-litigate standing. Respond to various inquiries from Altschuler Berzon counsel re case history and record including past evidence.

02:00$435.00

$870.00

Ashlie Sletvold


Review co-counsel comments to Davis and Trammell declarations and revise accordingly; communicate with client and co-counsel regarding threats of challenges to voters registered at the shelter.

01:12$350.00

$420.00

Ashlie Sletvold


Communicate with B. Davis regarding draft declarations; communicate with co-counsel regarding poll-worker declarations; communicate with co-counsel regarding evidence collection; communicate with poll workers to collect evidence of potential or actual errors; review and comment on draft reply in support of modification motion; contact C. Ford regarding poll workers.

06:30$350.00

$2,275.00

Ashlie Sletvold


Confer with B. Davis regarding draft declaration and efforts to contact homeless individuals without ID necessary to vote; continue efforts to obtain evidence from poll workers and voters; draft declaration of D.G. Moore regarding poll-worker error.

05:42$350.00

$1,995.00





Page 11 of 42

Hrs/Rate Subtotal

Ashlie Sletvold


Confer with co-counsel regarding status of declarations; continue efforts to collect evidence from poll workers and poll observers.

03:24$350.00

$1,190.00

Ashlie Sletvold


Review reply brief in support of motion to modify.

00:36$350.00

$210.00

Ashlie Sletvold


Participate in conference call with co-counsel to discuss evidence collection and plans for hearing; communicate with co-counsel regarding draft declarations from poll workers and poll observers.

00:54$350.00

$315.00

Ashlie Sletvold


Continue communicating with poll workers to collect evidence for hearing; review incident report from Cuyahoga County for leads on poll-worker errors.

03:12$350.00

$1,120.00

Subodh Chandra


Attention to correspondence from co-counsel Danielle Leonard re witnesses. Communication to her re same. Attention to email from source making available poll workers for interviews in Summit County. Delegate responsibility regarding follow-up to same to A. Sletvold.

00:12$435.00

$87.00





Page 12 of 42

Hrs/Rate Subtotal

Subodh Chandra


Various communications with Brian Davis at NEOCH. Provide guidance regarding declarations and other evidence needed regarding standing issue raised yet again by Defendants. Internal discussions re same and start gathering evidence.

Attention to forms sent by co-counsel.

Discussion with Davis.

Attention to communication from D. Leonard re outreach to opposing counsel and witness lists.

Attention to and consideration of Judge Marbley’s Joint Scheduling Order Setting Hearing on Motions to Modify April 19, 2010 Consent Decree to Prevent Constitutional Violations and Motion for Preliminary Injunction & Motion to Certify Class.

03:30$435.00

$1,522.50

Subodh Chandra


Attention to Notice of Appeal filed by Defendant Jon Husted and Intervenor State Of Ohio of order denying motion to vacate. Communications with co-counsel. Participate in conference call with co-counsel re Defendant’s filing of appeal. Further extensive strategy communications among counsel in light of appeal.

00:36$435.00

$261.00

Subodh Chandra


Continue focus on evidence gathering. Communications to more potential evidence sources. Communications with co-counsel re various communications with defense counsel. Attention to today’s filing of supplemental declaration(s). Attention to communication from Don McTigue.

00:30$435.00

$217.50





Page 13 of 42

Hrs/Rate Subtotal

Ashlie Sletvold


Respond to K. Kovach regarding draft declaration; draft declaration of Hector Zambrana; review recent filings by co-counsel and Defendant Husted; review emails from Summit County Democrats regarding poll workers.

00:30$350.00

$175.00

Ashlie Sletvold


Continue efforts to collect evidence from poll workers and observers; draft declaration of S. Tatar.

02:12$350.00

$770.00

Ashlie Sletvold


Communicate with K. Kovach regarding draft declaration; communicate with B. Davis regarding declaration of W. Freeman; communicate with S. Tatar regarding draft declaration; communicate with co-counsel regarding declarations.

00:30$350.00

$175.00

Ashlie Sletvold


Participate in conference call to discuss preparation for oral argument. Further consideration of same.

01:24$350.00

$490.00

Subodh Chandra


Attention to communication from D. Leonard re various issues as hearing approaches. Attention to the day’s various filings of notices.

00:06$435.00

$43.50

Subodh Chandra


Attention to message from co-counsel re proposed findings of fact and conclusions of law. Attention to message from co-counsel re tomorrow’s hearing. Various additional communications among counsel.

00:06$435.00

$43.50





Page 14 of 42

Hrs/Rate Subtotal

Ashlie Sletvold


Confer with co-counsel regarding results of hearing with Judge Marbley.

00:06$350.00

$35.00

Subodh Chandra


Travel from Cleveland to Columbus and back for hearing (5.9). Attend hearing. Further consideration of same. Debriefing discussions with co-counsel. Communication with Brian Davis, NEOCH client rep. Communications with counsel for Advancement Project and with Baker & Hostetler.

09:48$435.00

$4,263.00

Ashlie Sletvold


Review Sixth Circuit opinion.

01:18$350.00

$455.00

Subodh Chandra


Conference call with co-counsel re appeal; attention to follow-up email and assigned tasks arising from same.

00:42$435.00

$304.50

Subodh Chandra


Analyze Sixth Circuit opinion; communications with Northeast Ohio Coalition for the Homeless and SEIU Local 1199 clients; discussion with Brian Davis at NEOCH; attention to communications from co-counsel; draft communications to same; participate in conference call with co-counsel. Attention to communications from D. McTigue.

03:30$435.00

$1,522.50

Subodh Chandra


Discussion with S. Leyton issues related to district court proceedings and the appeal. Attention to S. Leyton filing with Sixth Circuit re oral argument.

00:12$435.00

$87.00





Page 15 of 42

Hrs/Rate Subtotal

Subodh Chandra


Attention to email from Dan Miller and respond to same. Consideration of extended communications with co-counsel.

00:06$435.00

$43.50

Subodh Chandra


Attention to communications among co-counsel and respond to query regarding same.

00:06$435.00

$43.50

Subodh Chandra


Attention to correspondence among counsel; further review and analyze arguments in Secretary’s appellate brief (and various misrepresentations of fact).

00:12$435.00

$87.00

Subodh Chandra


Communications with co-counsel re briefing on appeal regarding State parties’ motion vacate. Review briefing outline for appellate brief.

00:12$435.00

$87.00

Subodh Chandra


Attention to latest Sixth Circuit brief outline and to motion for extension (and Defendants’ failure to respond). Further discussions regarding crafting of arguments.

00:24$435.00

$174.00

Ashlie Sletvold


Review court’s order granting preliminary injunction (relief sought in motion to modify).

00:42$350.00

$245.00

Subodh Chandra


Review, analyze, edit, and make comments on draft appellate brief. Communications to S. Leyton. Additional research into estoppel arguments.

03:42$435.00

$1,609.50





Page 16 of 42

Hrs/Rate Subtotal

Subodh Chandra


Various communications with S. Leyton re appellate brief. Attention to Sixth Circuit decision affirming District Court.

00:12$435.00

$87.00

Subodh Chandra


Communications with S. Leyton and C. Gentry re appellate brief. Various communications among counsel.

00:12$435.00

$87.00

Sandhya Gupta

2013.01.09 Sandhya GuptaFEES (2012 WORK).

Review cases and write blurb re fees and reasonableness of rates based on rates charged for similar work in similar cases.

03:30$300.00

$1,050.00

Sandhya Gupta


Complete notes/research on issue of reasonable hourly rate in attorneys’ fees.

04:00$300.00

$1,200.00

Subodh Chandra


Continue analysis and investigation, in coordination with co-counsel and clients, of potential avenues for federal-court response to Niehaus complaint. Conference call with co-counsel.

02:48$435.00

$1,218.00

Subodh Chandra


Further analysis and discussion in coordination with co-counsel and clients regarding options for Anti-Injunction-Act action before Judge Marbley and risks regarding same.

01:12$435.00

$522.00





Page 17 of 42

Hrs/Rate Subtotal

Subodh Chandra


Further strategy coordination with co-counsel and client regarding federal-court action to stop interference with consent decree. Various communications back and forth regarding same. Further analyze our avenues and options for action, including injunctive relief, possible contempt, etc.

00:48$435.00

$348.00

Subodh Chandra

2012.04.19 Subodh ChandraMOTION TO ENJOIN

Consideration of client input regarding collateral attack on consent decree and potential next steps including All Writs Act motion to enjoin. Attention to communication from C. Gentry re same.

00:06$435.00

$43.50

Subodh Chandra


Attention to appearance by co-counsel for SEIU. Further attention to supplemental-research needs for opposing action by those seeking to interfere with consent decree. Communications with B. Davis and C. Gentry.

00:06$435.00

$43.50

Subodh Chandra


Discussion with legal scholar re state’s effort to renege on consent decree; work-product communications with co-counsel re strategic considerations arising from same.

00:30$435.00

$217.50

Subodh Chandra


Attention to and consideration of comments from co-counsel re strategy on injunction-motion effort.

00:18$435.00

$130.50

Subodh Chandra

2012.05.02 Subodh ChandraMOTION TO ENJOIN. Additional communications among co-counsel to shape strategy regarding injunction-motion effort, including issues related to SEIU role.

00:18$435.00

$130.50





Page 18 of 42

Hrs/Rate Subtotal

Subodh Chandra


Extensive communications with co-counsel re potential roadblocks and how to work around them in our strategy to preclude collateral attack on consent decree. Various communications and analysis regarding same.

01:42$435.00

$739.50

Subodh Chandra


Further communications and analysis evaluating our various strategic and tactical options for defeating efforts to vacate consent decree.

00:24$435.00

$174.00

Subodh Chandra


Various communications regarding draft motion to enjoin and delegate first round analysis, input, and editing.

00:24$435.00

$174.00

Subodh Chandra


Various communications re draft motion to enjoin.

00:18$435.00

$130.50

Subodh Chandra


Various communications regarding draft motion to enjoin and strategic decisions needed on each argument regarding same; discussion with and receive direction from client contact, Brian Davis with NEOCH, and communications with co-counsel re same. Communications re delegation of draft motion for substituting party. Various further communications among counsel regarding same.

02:12$435.00

$957.00





Page 19 of 42

Hrs/Rate Subtotal

Subodh Chandra


Attention to filed motion to enjoin and next steps including preparation for reply and potential oral argument. Communications with client. Communications with C. Gentry. Various communications with all principal co-counsel. Attention to draft intervention motion prepared by allied SEIU and Ohio Organizing Collaborative counsel (0.2).

01:06$435.00

$478.50

Subodh Chandra


Attention to, consideration of, and communications regarding privity and preclusion research results and strategy concerning same. Various communications regarding potential intervention by allied parties. Communications and discussion of strategy and game-plan for call with the Court. Participate in call with the Court; back-up C. Gentry with talking points and research in response to arguments from counsel for Niehaus and Blessing in their official capacities (i.e., for the State of Ohio) particularly regarding doctrine of official capacity. Extensive post-court-call communications regarding follow-up research needed after the argument and anticipation of need to bullet-point out anticipated arguments given short briefing schedule.

04:00$435.00

$1,740.00





Page 20 of 42

Hrs/Rate Subtotal

Subodh Chandra


Attention to communications from co-counsel. Further communications with co-counsel plotting strategy. Further post-briefing-and-argument planning for contingencies including possible appeal and communications regarding same. Analyze draft insert regarding why Niehaus and Blessing are bound by the decree prepared by co-counsel and comment regarding same.

Attention to Magistrate Judge Kemp’s order substituting parties.

Begin analyzing Niehaus and Blessing’s response to Plaintiffs’ Urgent Motion to Enjoin State-Court Proceedings and for an Order to Show Cause Why Relators Thomas Niehaus and Louis Blessing, Jr. Should Not Be Held in Contempt.

Begin proposed plan for distributing and delegating assignments among team of Plaintiffs’ counsel to avoid duplication.

Attention to C. Gentry’s analysis of Hunter decisions and their impact on Blessing and Niehaus’s effort to invalidate consent decree.

Attention to and analysis of co-counsel’s suggested points in reply to Niehaus and Blessing’s brief. Strategic input into draft reply brief in support of motion to enjoin state-court proceedings.

Draft correspondence to opposing counsel asking them to withdraw certain false representations of fact in response brief and communications with co-counsel regarding same.

Attention to analysis of Husted’s answer to complaint in Supreme Court mandamus action in anticipation of the effect of his positions on the federal proceeding before Judge Marbley.

Attention to docket entry reflecting Court’s oral order enjoining Niehaus and Blessing.

Communications with client.

04:48$435.00

$2,088.00





Page 21 of 42

Hrs/Rate Subtotal

Subodh Chandra


Attention to notice of purported compliance with Court’s All Writs Act order filed by Niehaus and Blessing’s counsel. Discussions among counsel and with client regarding concerns and relators’ game-playing with respect to same, i.e., filing an “application” to dismiss rather than an actual notice of voluntary dismissal.

Attention to co-counsel Dan Miller’s fact-finding from Ohio Supreme Court clerk’s office regarding same and adverse results from discussion with opposing counsel Dornette, who refused to comply with the letter of Judge Marbley’s order. Communications and discussions among counsel; attention to results of outreach to chambers to set up conference call with the Court. Attention to communications from counsel for the State.

Attention to C. Gentry’s results of conference call with Judge Marbley regarding Niehaus and Blessing’s non-compliance with the Court’s order and Judge Marbley’s personal fact-finding from Ohio Supreme Court clerk, as well as Judge Marbley’s expectation that a self-executing notice of dismissal will be filed by 2 pm. Attention to final result of proper compliance after Court required it. Update clients. Attention to Court’s order setting telephonic status conference for May 16.

Attention to and analysis of Court’s final order and written opinion enjoining Niehaus and Blessing.

Various communications with client regarding legislators’ defiance of Judge Marbley’s orders.

04:36$435.00

$2,001.00

Subodh Chandra


Extensive strategic communications among co-counsel and counsel for allied parties regarding next steps in litigation including potential mediators as suggested by the Court in conference call.

00:24$435.00

$174.00





Page 22 of 42

Hrs/Rate Subtotal

Subodh Chandra


Attention to privity and preclusion research memo from co-counsel and delegate and share follow-up tasks to Ms. Sletvold. Attention to latest pro hac vice motion. Attention to communication from Ms. Gentry re previous discovery strategy and results as it related to current assignments. Further communications with potential outside expert.

00:12$435.00

$87.00

Subodh Chandra


Attention to communications and suggestions from outside expert. Further strategic communications with co-counsel.

00:18$435.00

$130.50

Subodh Chandra


Attention to Liebman notice of appearance; attention to circulated outlines of tasks for opposition to relators’ motions to vacate due May 30, tasks for motion to modify consent decree, and methodology for addressing wrong-location/right-precinct issues. Further consideration of same. Attention to further strategic communications and inquiries from co-counsel including discussion of evidence gathering and delegations of responsibilities.

00:24$435.00

$174.00

Subodh Chandra


Attention to M.J. Kemp’s pro hac vice order regarding Danielle Leonard; attention to communications with C. Gentry and A. Sletvold regarding division of responsibilities regarding public-records requests to gather evidence from counties. Further communications with C. Gentry.

00:06$435.00

$43.50





Page 23 of 42

Hrs/Rate Subtotal

Subodh Chandra


Communications with D. Leonard regarding potential expert witness and evidentiary possibilities related to that witness. Further brainstorming regarding arguments to be made. Communications with Brian Davis at NEOCH. Attention to A. Sletvold’s analysis of Painter.

01:18$435.00

$565.50

Subodh Chandra


Attention to communications among counsel regarding various arguments and strategy.

00:06$435.00

$43.50

Subodh Chandra


Attention to extensive communications among counsel fleshing out various arguments and strategy. Attention to requested initial research results from D. Miller and delegate follow-up development to A. Sletvold.

00:18$435.00

$130.50

Subodh Chandra


Communications among counsel.

00:06$435.00

$43.50

Subodh Chandra


Attention to communications among counsel related to strategy and drafting.

00:06$435.00

$43.50

Subodh Chandra


Communication to co-counsel re results of additional legal research re voter-ID concerns. Attention to additional research results regarding after-the-fact collateral attacks under Rule 60(b)(4) on consent decrees. Attention to communications and inquiries from Brian Davis at NEOCH.

00:12$435.00

$87.00





Page 24 of 42

Hrs/Rate Subtotal

Subodh Chandra


Review outline of evidence in preparation for tel. conference with co-counsel. Tel. conf. with co-counsel. Further consideration of same. Further communications among co-counsel re sources of evidence. Communications re potential expert. Communications with Brian Davis at NEOCH.

00:48$435.00

$348.00

Subodh Chandra


Further communications among co-counsel re sources of evidence, legal arguments and research results regarding brief being drafted re intervenors’ efforts to terminate consent decree. Attention to initial outline of argument regarding consent decree’s legal validity.

00:30$435.00

$217.50

Subodh Chandra


Further communications re expert.

00:12$435.00

$87.00

Subodh Chandra


Communications with A. Sletvold re our sections of brief regarding consent decree’s validity.

00:06$435.00

$43.50

Subodh Chandra


Communications among counsel. Conference call among counsel re strategy for modification motion. Follow up communications with co-counsel.

00:54$435.00

$391.50

Subodh Chandra


Communications with Brian Davis at NEOCH re updates.

00:12$435.00

$87.00





Page 25 of 42

Hrs/Rate Subtotal

Subodh Chandra


Attention to pro hac vice motion re Barbara Chisolm and Magistrate Judge Kemp’s order related to it. Further communications with B. Davis at NEOCH. Attention to inquiry from B.J. Chisolm.

00:06$435.00

$43.50

Subodh Chandra


Attention to Don McTigue communication and reply to same for benefit of B.J. Chisolm. Attention to message from D. Leonard re timing of processing of evidence coming in from counties.

00:06$435.00

$43.50

Subodh Chandra


Communications re comments regarding filing of motion to modify consent decree to prevent constitutional violations. Attention to communications with Brian Davis at NEOCH and C. Gentry.

00:06$435.00

$43.50

Subodh Chandra


Communications with B. Davis at NEOCH.

00:12$435.00

$87.00

Subodh Chandra


Communication with B. Davis at NEOCH. Meeting with Brian Davis. Attention to Court’s order regarding request to combine hearings. Attention to transmittal from SEIU counsel of information (0.2).

00:54$435.00

$391.50





Page 26 of 42

Hrs/Rate Subtotal

Subodh Chandra


Discussion with C. Gentry in preparation for her oral argument; communications with client, B. Davis. Gather material to transmit to C. Gentry for oral argument with explanation. Attention to Court’s order re related cases. Communications with co-counsel. Attention to various court orders regarding related cases; attention to Plaintiff Ohio Democratic Party’s motion for extension of time to submit fee request. Attention to notice and amended notice of related case. Various communications with clients. Attention to order reflecting Judges Marbley and Dlott’s conference regarding relatedness of cases. Minor attention to various docket entries for the day (0.1).

01:06$435.00

$478.50

Subodh Chandra


Attention to communications and delegation of work among counsel re fact and evidence gathering.

00:12$435.00

$87.00

Subodh Chandra


Further communications among counsel re protocol for fact and evidence gathering.

00:18$435.00

$130.50

Subodh Chandra


Attention to screening questionnaires developed by co-counsel for fact investigation/evidence gathering. Further communications regarding same.

00:24$435.00

$174.00

Subodh Chandra


Delegate assignment re fact gathering to attorney Ashlie Case Sletvold and communications re same. Communications with C. Gentry re communication from potential source of evidence and ethical considerations. Further consideration of same.

00:18$435.00

$130.50





Page 27 of 42

Hrs/Rate Subtotal

Subodh Chandra


Attention to contact from potential source of evidence and consideration of ethical issues concerning same. Communication with C. Gentry re same.

00:18$435.00

$130.50

Subodh Chandra


Further communications with Brian Davis and team of counsel regarding implications of yesterday’s ruling by Judge Marbley on motion to vacate. Attention to Notice of Withdrawal of Attorney for Intervenor-Defendant the State of Ohio.

00:18$435.00

$130.50

Subodh Chandra


Various continued communications and coordination among counsel regarding evidence gathering and further delegation to A. Sletvold.

Attention to draft proposed reply in support of motion to modify (0.2).

Attention to follow-up correspondence to opposing counsel regarding their intention to call witnesses at hearing due to opposing counsel’s failure to respond to 7/9 inquiry per Court order.

00:36$435.00

$261.00

Subodh Chandra


Attention to communication from S. Leyton and analyze draft proposed order.

Further analysis and consideration of draft proposed motion to modify and attention to comments and communications regarding same (0.3).

Attention to responses from opposing counsel regarding witnesses at hearing that we finally received.

00:30$435.00

$217.50





Page 28 of 42

Hrs/Rate Subtotal

Subodh Chandra


Analysis of response in Opposition re Motion to Modify April 19, 2010 Consent Decree to Prevent Constitutional Violations filed by Interested Parties Louis W. Blessing, Jr., Thomas E. Niehaus and Response in Opposition re Motion to Modify April 19, 2010 Consent Decree to Prevent Constitutional Violations filed by Defendant Jon Husted, Intervenor State Of Ohio and accompanying Affidavit of Jane M. Platten.

01:00$435.00

$435.00

Subodh Chandra


Attention to C. Gentry’s draft and filing of Reply in Support of Motion to Modify April 19, 2010 Consent Decree to Prevent Constitutional Violations filed by Intervenor Plaintiff Ohio Democratic Party, Plaintiffs Service Employees International Union, Local 1199, The Northeast Ohio Coalition for the Homeless. Attention to multiple additional docket filings of the day.

Further consideration of responses from opposing counsel regarding witness lists and communications among counsel regarding strategy with respect to our presentation of witnesses and certain evidence at hearing.

Attention to incoming information from B.J. Chisolm.

Further strategic communications among counsel regarding D. Leonard’s discussion with opposing counsel and potential gaps in evidentiary record and further consideration of same.

00:42$435.00

$304.50

Subodh Chandra


Attention to information from D. Miller and consideration of same within office. Further communications among counsel.

00:06$435.00

$43.50





Page 29 of 42

Hrs/Rate Subtotal

Subodh Chandra


Consideration of witnesses issues and communication to C. Gentry and D. Leonard re same. Further communications among counsel. Attention to further information from D. Miller.

00:12$435.00

$87.00

Subodh Chandra


Communications with C. Gentry. Various additional communications among counsel. Attention to new evidence.

00:06$435.00

$43.50

Subodh Chandra


Attention to the day’s appellate notices regarding Defendants’ appeal of court’s denial of motion to vacate, and delegate tasks regarding same to senior paralegal. Various communications among counsel.

00:06$435.00

$43.50

Subodh Chandra


Conference call among counsel re strategy. Various communications regarding same. Attention to and review of various evidentiary declarations as they come in. Various additional communications among counsel including strategic discussions about filing of new evidence and declarations that our firm gathered.

01:36$435.00

$696.00

Subodh Chandra


Attention to draft of proposed findings of fact and conclusions of law.

00:12$435.00

$87.00

Subodh Chandra


Attention to and discussion re 6th Circuit briefing letter. Attention to various communications among counsel.

00:06$435.00

$43.50





Page 30 of 42

Hrs/Rate Subtotal

Subodh Chandra


Attention to court notice and communications among counsel.

00:06$435.00

$43.50

Subodh Chandra

2013.08.30 Subodh ChandraFEES (2012 WORK).

Analyze billing and prepare fee-request documents for 2012 request.

03:54$435.00

$1,696.50

Subodh Chandra



00:30$435.00

$217.50

Subodh Chandra


Attention to various communications among counsel.

Attention to Sixth Circuit mandate.

00:06$435.00

$43.50

Subodh Chandra


Attention to various communications among counsel.

00:06$435.00

$43.50

Subodh Chandra


Communications with C. Gentry and B. Davis.

00:06$435.00

$43.50

Subodh Chandra



00:06$435.00

$43.50

Subodh Chandra


Attention to communications among counsel.

00:06$435.00

$43.50





Page 31 of 42

Hrs/Rate Subtotal

Subodh Chandra



00:06$435.00

$43.50

Subodh Chandra


Consideration of various extended communications among counsel. Communication with B. Davis, client rep.

00:12$435.00

$87.00

Subodh Chandra


Attention to evidence gathered re Defendant Husted, consideration of same, and communications with C. Gentry re same.

00:06$435.00

$43.50

Subodh Chandra


Extended communications among counsel and further consideration of same.

00:18$435.00

$130.50

Subodh Chandra



00:06$435.00

$43.50

Subodh Chandra


Attention to and consideration of various strategic communications among counsel team.

00:12$435.00

$87.00

Subodh Chandra


Attention to various communications among counsel; analyze and consider same.

00:12$435.00

$87.00





Page 32 of 42

Hrs/Rate Subtotal

Subodh Chandra


Attention to Asst. Attorney General S. Carney’s filed reply brief for Defendant-Appellants Husted and State in support of effort to renege on consent decree.

00:06$435.00

$43.50

Subodh Chandra


Analysis and discussions re information provided by D. Miller.

00:12$435.00

$87.00

Subodh Chandra


Attention to communication from co-counsel. Various communications among counsel.

00:06$435.00

$43.50

Subodh Chandra


Attention to communication with B. Davis. Attention to analysis re decision and next steps from D. Leonard. Further consideration of same.

00:12$435.00

$87.00

Subodh Chandra


Further attention to preparing fee-related submission for 2012 work.

00:18$435.00

$130.50

Subodh Chandra


Attention to Judge Marbley’s 58-page plenary opinion and order regarding injunctive relief sought by Plaintiffs and motion to modify. Communication with client. Various communications among co-counsel.

01:06$435.00

$478.50

Subodh Chandra


Attention to report from co-counsel re inquiry from Judge Marbley’s chambers.

00:06$435.00

$43.50





Page 33 of 42

Hrs/Rate Subtotal

Subodh Chandra


Attention to further communications among counsel and further consideration of same.

00:06$435.00

$43.50

Subodh Chandra


Attention to McTigue (ODP counsel’s) comment re briefing outline.

00:06$435.00

$43.50

Subodh Chandra


Analyze Appellant’s brief to Sixth Circuit. Further consideration of same. Communications among counsel re appellate briefing.

00:54$435.00

$391.50

Subodh Chandra


Attention to Sixth Circuit letter ruling denying Defendants’ motion for extended briefing and consideration of implications of same.

00:06$435.00

$43.50

Subodh Chandra


Consideration of civil appeal statement of parties and issues filed by Defendants in Sixth Circuit appeal.

00:06$435.00

$43.50

Subodh Chandra


Consideration of Defendants’ various appearance filings in Sixth Circuit appeal and communications to co-counsel. Consideration of information sent by D. Miller.

00:12$435.00

$87.00

Subodh Chandra


Attention to D. Leonard filing in Sixth Circuit and various communications among counsel. Attention to analysis from C. Gentry. Communication to B. Davis. Attention to communication from D. Miller.

00:12$435.00

$87.00





Page 34 of 42

Hrs/Rate Subtotal

Subodh Chandra


Attention to communication from D. Leonard.

00:06$435.00

$43.50

Subodh Chandra


Further preparation of fee-application materials and analysis per discussion with S. Leyton. Review Altschuler and Porter Wright fee materials.

02:48$435.00

$1,218.00

Sandhya Gupta


Attention to issue of attorneys’ fees extension; correspond with S. Chandra; review court’s order and prior filings; call clerk.

00:30$300.00

$150.00

Subodh Chandra


Various communications among counsel related to 2012-work fee petition.

00:06$435.00

$43.50

Subodh Chandra


Attention to communication from S. Leyton re 2012 fee petition; delegate info and response to S. Gupta.

00:06$435.00

$43.50

Subodh Chandra


Communication with co-counsel re motion for fees; ID and transmit requested information (0.2).

00:12$435.00

$87.00

Subodh Chandra


Attention to Defendant’s response to motion for extension of time to file fee petition (0.1).

00:06$435.00

$43.50





Page 35 of 42

Hrs/Rate Subtotal

Subodh Chandra


Message exchange with S. Leyton re 2012 work fee petition.

00:06$435.00

$43.50

Subodh Chandra


Tel. discussion with expert, Prof. David Kimball. Send data to him. Further consideration of discussion and communications with D. Leonard re next steps. Attention to production of documents from Miami County.

00:30$435.00

$217.50

Subodh Chandra


Attention to further information re expert David Kimball and further consideration of issues regarding same. Communication to C. Gentry re current draft of motion re provisional-ballot counting.

00:18$435.00

$130.50

Subodh Chandra


Further communications with co-counsel regarding status of brief drafting and local rules.

00:12$435.00

$87.00

Subodh Chandra


Attention to and analysis of Court’s ruling regarding Defendants’ and Relators’ request to vacate. Internal communications and discussions among counsel regarding implications of same, and impact on strategy. Communications with client.

00:30$435.00

$217.50

Subodh Chandra


Continue to focus on gathering new evidence.

00:12$435.00

$87.00





Page 36 of 42

Hrs/Rate Subtotal

Subodh Chandra

2012.07.20 Subodh ChandraMOTION TO VACATE

Attention to and consideration of legal propriety of Defendant Husted’s attempt to amend notice of appeal.

00:12$435.00

$87.00

Subodh Chandra


Review other counsel’s declarations and billing; edit, organize and separate into categories, and calculate our firm’s billings; analyze, revise, and begin adding Sixth Circuit law to draft motion for fees (all in connection with 2012 work). Communications with co-counsel re same.

08:24$435.00

$3,654.00

Subodh Chandra


Communications with S. Leyton.

00:06$435.00

$43.50

Subodh Chandra


Attention to and consideration of communication from co-counsel re fee petition for 2012 work. Arrange for response to same.

00:12$435.00

$87.00

Subodh Chandra


Further consideration of request from co-counsel and respond to same.

00:06$435.00

$43.50

Subodh Chandra


Communications with co-counsel re fee information for petition.

00:06$435.00

$43.50

Subodh Chandra


Communications with co-counsel re fee information for petition.

00:06$435.00

$43.50





Page 37 of 42

Hrs/Rate Subtotal

Subodh Chandra


Communications among counsel related to 2012-work fee petition.

00:06$435.00

$43.50

Subodh Chandra


Attention communication from co-counsel related to 2012-work fee petition.

00:06$435.00

$43.50

Subodh Chandra


Forward information regarding categories for fee petition to co-counsel.

00:06$435.00

$43.50

Subodh Chandra


Attention to communication from co-counsel related to 2012-work fee petition.

00:06$435.00

$43.50

Subodh Chandra


Communications with co-counsel about categories and approach for 2012-work fee petition.

00:12$435.00

$87.00

Subodh Chandra


Communications with co-counsel about categories and approach for 2012-work fee petition.

00:06$435.00

$43.50

Subodh Chandra


Consideration of communications with co-counsel about categories and approach for 2012-work fee petition.

00:12$435.00

$87.00





Page 38 of 42

Hrs/Rate Subtotal

Subodh Chandra


Communication with co-counsel about strategy for 2012-work fee petition.

00:06$435.00

$43.50

Subodh Chandra


Attention to and consideration of co-counsel’s proposal for strategy for 2012-work fee petition.

00:12$435.00

$87.00

Subodh Chandra


Attention to first draft of fee petition from Altschuler firm.

00:12$435.00

$87.00

Subodh Chandra


Attention to McTigue draft declaration and communications and consideration re rates.

00:12$435.00

$87.00

Subodh Chandra


Attention to information from co-counsel re update on 2012-work fee petition. Consider co-counsel’s concerns regarding same.

00:06$435.00

$43.50

Subodh Chandra


Multiple communications among counsel regarding concern over District Court’s order that appears on its face to shorten time to file 2012-work fee petition. Delegate communications with chambers to obtain procedural clarification regarding same. Obtain information from S. Gupta regarding communication with chambers clarifying same.

00:18$435.00

$130.50





Page 39 of 42

Hrs/Rate Subtotal

Subodh Chandra


Continue to prepare invoice, checking work product and privileged information, and parsing out billing entries for which we are not seeking recovery; communications with S. Leyton, run calculations, and finalize draft declaration. Continue to add law and edit draft motion for attorneys’ fees. Communications with S. Leyton and S. Gupta re same and need for changes.

08:00$435.00

$3,480.00

Subodh Chandra


Finalize and correct invoice, declaration, and edit fee memorandum adding citations.

01:00$435.00

$435.00

Sandhya Gupta


Direct compilation of hours for different categories by attorney (0.2). Carefully review draft motion for fees, plus S. Leyton declaration, email S. Chandra with reactions (1.5). Confer with S. Chandra, review cases, and suggest case-law additions to support points in rates section of draft (1.2).

02:54$300.00

$870.00

Suzanne Zaranko

2013.11.11 Suzanne ZarankoFEES (2012 WORK).

Preparation of spreadsheet showing breakdown of attorney billable hours by category discussed in motion for fees.

01:30$120.00

$180.00

Subodh Chandra


Attention to queries and information from S. Leyton, research related requested ethics issues, and respond to same.

00:24$435.00

$174.00





Page 40 of 42

Hrs/Rate Subtotal

Subodh Chandra


Examine and consider co-counsel’s suggested changes. Delegate to paralegal making of changes that co-counsel suggested to exhibits, and review and approve same along with re-calculations of categories.

00:48$435.00

$348.00

$92,741.00

additional chargesQty/Price Subtotal

Suzanne Zaranko

2012.05.31 Lexis legal-research expenseMOTION TO VACATE.

Lexis May 1-31, 2012 billing period.

$477.89$477.89

Suzanne Zaranko

2012.06.30 Lexis legal-research expenseMOTION TO VACATE legal research. $76.80

$76.80

Suzanne Zaranko

2012.06.30 PACER electronic legal -research expense 2nd quarterMOTION TO ENJOIN and MOTION TO VACATE research.

$56.70$56.70

Suzanne Zaranko

2012.07.30 Mileage to Columbus for Oral ArgumentMOTION TO MODIFY.

296 miles round trip to Columbus at rate of $0.555 per mile.

$164.28$164.28

Suzanne Zaranko

2012.06.30 Copy expense for June 2012MOTION TO VACATE.

@$0.20/page

$10.20$10.20

Suzanne Zaranko

2012.09.30 PACER electronic legal-research expense 3rd quarterMOTION TO VACATE.

Electronic research for motion to vacate.

$63.80$63.80





Page 41 of 42

Qty/Price Subtotal

$849.67

Invoice Subtotal $93,590.67

Total due by Nov 15, 2013 $93,590.67


of 42

staff timeHours Rate Subtotal

Ashlie Sletvold 101.5 $350.00 $35,525.00

Sandhya Gupta 10.9 $300.00 $3,270.00

Subodh Chandra 123.6 $435.00 $53,766.00

Suzanne Zaranko 1.5 $120.00 $180.00


exhibit b - moritzlaw.osu.edu · subodh chandra 2012.06.25 subodh chandra motion to modify....

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