Free Motion for Attorney Fees - District Court of Colorado - Colorado

Case 1:00-cv-02360-MJW-OES

Document 121-2

Filed 10/27/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 00-cv-02360-MJW DAVID H. CLANCY, et al., Plaintiff, v. CHARLES A. MILLER, et al., Defendants.

DECLARATION OF ROXANE J. PERRUSO

I, Roxane J. Perruso, declare under penalty of perjury as follows: 1. I am an Assistant United States Attorney in the U.S. Attorney's Office for

the District of Colorado, and have held this position since June 10, 2002. 2. I represented the Defendants, the United States of America, the Secretary of

Agriculture, and the United States Forest Service, in this matter. 3. The hourly attorney fee for an Assistant United States Attorney is calculated

as follows. First, the Assistant United States Attorney's hourly salary rate is determined by taking the annual salary and dividing it by 2087 hours. Second, the attorney's hourly benefit rate is calculated by multiplying the hourly salary rate by 23 percent. Third, the standard Department overhead rate is $71.49. The sum of these three rates is the hourly attorney fee. See November 6, 2002 Memorandum re: Computation of Attorney Fees

Case 1:00-cv-02360-MJW-OES

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Filed 10/27/2006

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(Attached as Exhibit 2). 4. For my position, the calculation is as follows. First, my annual salary for

the period of April 4, 2004 to January 8, 2005 was $92,861.00, which, when divided by 2087 hours, yields an hourly salary rate of $44.49 per hour. Second, that rate multiplied by 23 percent (0.23) yields an hourly benefit rate of $10.23 per hour. Third, the standard Department of Justice overhead rate is $71.49 per hour. Finally, the sum of those three amounts is $126.21 per hour, which is my hourly attorney fee. 5. My annual salary for the period of January 9, 2005 to June 11, 2005 was

$96,325.00, which when divided by 2087 hours, yields an hourly salary rate of $46.15 per hour. Second, that rate multiplied by 23 percent (0.23) yields an hourly benefit rate of $10.62 per hour. Third, the standard Department of Justice overhead rate is $71.49 per hour. Finally, the sum of those three amounts is $128.26 per hour, which is my hourly attorney fee. 6. I spent a total of approximately 112.00 hours working on the above-

captioned case with reasonable attorney's fees for those hours totaling $14,365.12. A chart is attached as Exhibit 3, which is incorporated by this reference, and reflects dates, hours, description of work, the applicable attorney's fees rate and totals. I declare under penalty of perjury pursuant to 28 U.S.C. § 1746 that the foregoing is true and correct.

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Case 1:00-cv-02360-MJW-OES

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Filed 10/27/2006

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DATED this 27th day of October, 2006.

s/Roxane J. Perruso Roxane J. Perruso

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