40 MTS - Amended Declaration of HerringtonJ

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					Case 1:07-cv-00026-OWW-TAG

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Filed 07/16/2007

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Eugene D. Lee SB# 236812 LAW OFFICE OF EUGENE LEE 555 West Fifth Street, Suite 3100 Los Angeles, California 90013 Telephone: (213) 992-3299 Facsimile: (213) 596-0487 Email: elee@LOEL.com Joan Herrington, SB# 178988 BAY AREA EMPLOYMENT LAW OFFICE 5032 Woodminster Lane Oakland, CA 94602-2614 Telephone: (510) 530-4078 Facsimile: (510) 530-4725 Email: jh@baelo.com Of Counsel to LAW OFFICE OF EUGENE LEE Attorneys for Plaintiff DAVID F. JADWIN, D.O. UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

DAVID F. JADWIN, D.O., Plaintiff, v. COUNTY OF KERN; et al.

Case No. 1:07-cv-00026-OWW-TAG AMENDED DECLARATION OF JOAN E. HERRINGTON IN SUPPORT OF PLAINTIFF’S MOTION TO STRIKE AFFIRMATIVE DEFENSE AND FOR SANCTIONS [F.R.C.P. RULES 12(f) AND 11(c)]

18 Defendants. 19 20 21 22 23 24 25 26 27 28 I, the undersigned, declare and say, as follows: 1.

Date: August 13, 2007 Time: 9:30 a.m. Place: U.S. Bankruptcy Courthouse, Bakersfield Courtroom 8 Date Action Filed: Date Set for Trial: January 6, 2007 August 26, 2008

I am an attorney at law duly licensed to practice before the Federal and State Courts of

California and admitted to practice before the United States District Court for the Eastern District of California. I am the attorney representing Plaintiff David F. Jadwin in this matter.

AMENDED DECLARATION OF JOAN E. HERRINGTON IN SUPPORT OF MOTION TO STRIKE AND FOR SANCTIONS

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2.

I am making this amended declaration in support of Plaintiff Dr. Jadwin’s Motion to

Strike the Fifth Affirmative Defense of the Defendants. The facts stated herein are personally known to me and if called as a witness, I could and would competently testify to the truth of the facts set forth in this declaration. 3. I have spent substantially in excess of 1 hour meeting and conferring with Mr. Wasser by

phone, fax, letter and email, and substantially in excess of 4 hours researching and drafting these moving papers. My regular rate for such services is $500 per hour. 4. My rate is consistent with those charged in the San Francisco/Bay Area by attorneys of

similar skill and experience. I received my B.A. the University of Auckland in 1974 and my J.D. from the Golden Gate University School of Law in 1995. I was admitted to the California Bar in 1996 and worked as an associate in the Law Office of Cary J. Silberman in 1996; and established my own law practice thereafter. 5. I taught Disability Rights at Golden Gate University of Law in Spring of 2003, speak at

law seminars and conferences too often to enumerate them all here, and I am frequently consulted by other attorneys regarding disability and medical leave laws. I routinely volunteer to teach Trial Advocacy Skills at Stanford University School of Law and Appellate Advocacy of Golden Gate University School of Law. I wrote "Your Right to a Smoke-Free Workplace in California Under Disability Laws" published by the Public Health Institute in 2001; and a comprehensive practice guide on "Enforcing an Employee's Right to a Smoke-Free Workplace" for internal use by the American Lung Association in 2003. I am currently helping to edit Chapter 12 on 'Leaves of Absence' in The Rutter Group, Employment Litigation Practice Guide. In recognition of my skills and expertise, I was elected as a "SuperLawyer" by my peers for the last two years. 6. I attempted several times to secure local counsel, including William Smith, Esq., to prosecute

Plaintiff’s suit but was ultimately unsuccessful. 7. Attached hereto as Exhibit 1, and incorporated by reference herein, is a true and correct copy of

the “Laffey Matrix” which appears on the website of the United States Attorney General’s Office for the District of Columbia and which has been relied on by courts in the Bay Area to establish prevailing rates

AMENDED DECLARATION OF JOAN E. HERRINGTON IN SUPPORT OF MOTION TO STRIKE AND FOR SANCTIONS

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for civil rights cases. On July 11, 2006, at 2:56 p.m., I opened up my internet browser (Mozilla Firefox), and navigated to “http://www.laffeymatrix.com/see.html”. I then produced an Adobe Acrobat PDF copy of the page that was displayed at that address using Adobe Acrobat Professional 8.0. When I created the PDF, the date and time of creation appeared on the PDF in the lower right-hand corner of the PDF. The web address from which I printed the page appeared on the PDF in the upper right-hand corner of the PDF. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct.

Executed on July 16, 2007, at Oakland, California.

/s/ Joan Herrington, SB# 178988 (as authorized on 7/16/07) ________________________________________ Joan Herrington

AMENDED DECLARATION OF JOAN E. HERRINGTON IN SUPPORT OF MOTION TO STRIKE AND FOR SANCTIONS

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EXHIBIT 1. Adjusted Laffey Matrix, as of July 11, 2007

matrix

http://www.laffeymatrix.com/see.html

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Years Out of Law School * Year 6/01/065/31/07 6/1/055/31/06 6/1/045/31/05 6/1/036/1/04 6/1/025/31/03 6/1/015/31/02 6/1/005/31/01 6/1/995/31/00 6/1/985/31/99 6/1/975/31/98 6/1/965/31/97 6/1/955/31/96 6/1/945/31/95 1.0256 1.0427 1.0455 1.0507 1.0727 1.0407 1.0529 1.0491 1.0439 1.0419 1.0396 1.032 1.0237 $139 $136 $130 $124 $118 $110 $106 $101 $96 $92 $88 $85 $82 $255 $249 $239 $228 $217 $203 $195 $185 $176 $169 $162 $155 $151 $313 $305 $293 $280 $267 $249 $239 $227 $216 $207 $198 $191 $185 $452 $441 $423 $405 $385 $359 $345 $328 $312 $299 $287 $276 $267 $509 $497 $476 $456 $434 $404 $388 $369 $352 $337 $323 $311 $301 $614 $598 $574 $549 $522 $487 $468 $444 $424 $406 $389 $375 $363 Adjustmt Factor** Paralegal/ Law Clerk 1-3 4-7 8-10 11-19 20 +

The methodology of calculation and benchmarking for this Updated Laffey Matrix has been approved in a number of cases. See, e.g., McDowell v. District of Columbia, Civ. A. No. 00-594 (RCL), LEXSEE 2001 U.S. Dist. LEXIS 8114 (D.D.C. June 4, 2001); Salazar v. Dist. of Col., 123 F.Supp.2d 8 (D.D.C. 2000). * “Years Out of Law School” is calculated from June 1 of each year, when most law students graduate. “1-3" includes an attorney in his 1st, 2nd and 3rd years of practice, measured from date of graduation (June 1). “4-7" applies to attorneys in their 4th, 5th, 6th

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matrix

http://www.laffeymatrix.com/see.html

Case 1:07-cv-00026-OWW-TAG Document 40who Filed 07/16/2007 would be in tier “1-3" Page 6 of 6 and 7th years of practice. An attorney graduated in May 1996
from June 1, 1996 until May 31, 1999, would move into tier “4-7" on June 1, 1999, and tier “8-10" on June 1, 2003. ** The Adjustment Factor refers to the nation-wide Legal Services Component of the Consumer Price Index produced by the Bureau of Labor Statistics of the United States Department of Labor.

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DOCUMENT INFO
Description: David F. Jadwin v. Kern County: 1:07-cv-26 in the United Stated District Court for the Eastern District of California, Fresno Division before Judge Oliver W. Wanger. This was a 2009 federal employment lawsuit that went to a bench and jury trial resulting in a unanimous verdict and significant judgment for the plaintiff employee. Issues involved violations of medical leave and disability discrimination laws, as well as 42 U.S.C. 1983 procedural due process violation. Plaintiff was represented by Eugene Lee, a Los Angeles, California employment lawyer.