Free Declaration in Support - District Court of California - California

Case 5:07-cv-05850-JW

Document 75

Filed 04/08/2008

Page 1 of 3

1 2 3 4 5 6 7 8 9 10 11 12
F ENWICK & W EST LLP
ATTORNEYS AT LAW SAN FRANCISCO

LAURENCE F. PULGRAM (CSB NO. 115163) [email protected] JEDEDIAH WAKEFIELD (CSB NO. 178058) [email protected] ALBERT L. SIEBER (CSB NO. 233482) [email protected] LIWEN A. MAH (CSB NO. 239033) [email protected] FENWICK & WEST LLP 555 California Street, 12th Floor San Francisco, CA 94104 Telephone: (415) 875-2300 Facsimile: (415) 281-1350 Attorneys for Named Defendants SUN MICROSYSTEMS, INC., MICHAEL MELNICK, JULIE DECECCO, MICHAEL P. ABRAMOVITZ, LISA K. RADY, and JONATHAN SCHWARTZ UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 v. DONGXIAO YUE, Plaintiff,

Case No. C-07-05850-MJJ (EDL) REPLY DECLARATION OF JEDEDIAH WAKEFIELD IN SUPPORT OF DEFENDANTS' MOTION FOR ATTORNEYS' FEES AND COSTS Date: Time: Dept: Judge: TBD TBD TBD TBD

STORAGE TECHNOLOGY CORPORATION, a Delaware corporation; SUN MICROSYSTEMS, INC., a Delaware corporation; MICHAEL MELNICK, an individual; JULIE DECECCO, an individual; MICHAEL P. ABRAMOVITZ, an individual; LISA K. RADY, an individual; JONATHAN SCHWARTZ, an individual; and DOES 1-1000, inclusive, Defendants.

I, Jedediah Wakefield, declare as follows: 1. I am an attorney admitted to practice before this Court, and I am a partner at the

law firm of Fenwick & West LLP ("Fenwick"), counsel for named Defendants Sun Microsystems, Inc., Storage Technology Corporation, Michael Melnick, Julie DeCecco,
WAKEFIELD DECL. ISO MOTION FOR ATTORNEYS' FEES AND COSTS CASE NO. C-07-05850-MJJ (EDL)

Case 5:07-cv-05850-JW

Document 75

Filed 04/08/2008

Page 2 of 3

1 2 3 4 5 6 7 8 9 10 11 12
F ENWICK & W EST LLP
ATTORNEYS AT LAW SAN FRANCISCO

Michael P. Abramovitz, Lisa K. Rady, and Jonathan Schwartz. I have personal knowledge of the facts set forth in this declaration, and if called to do so I could and would testify competently to the same. 2. In my prior declaration in support of Defendants' Motion for Attorneys' Fees and

Costs, I submitted evidence that Defendants had incurred fees and costs in excess of $92,000 in this case. This included fees for time spent: (1) reviewing and analyzing the original Complaint and First Amended Complaint filed in this action and assessing potential defenses; (2) participating in case management activities, including preparation of a case management statement, and attending the case management conference; (3) communications with clients, Dr. Yue, and opposing counsel; (4) assessing issues pertaining to service of process on the individual defendants under Colorado and California law; (5) reviewing and responding to Plaintiff's Motion for Entry of Default Judgment; (6) researching, analyzing and drafting Defendants' Motion to Dismiss; (7) reviewing Plaintiff's Opposition to Defendants' Motion to Dismiss and researching and preparing a Reply; (8) reviewing Plaintiff's Motion to Strike and researching and preparing a response; and (9) preparation of the instant motion. 3. Since that time, Defendants have incurred significant additional fees, not only in

13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

reviewing Plaintiff's Opposition and preparing the Reply, as anticipated, but in connection with Plaintiff's new filings: a Motion for Disqualification of Defense Counsel and Motion for Relief from Judgment under Rule 60(b). Defendants also incurred fees in connection with a stipulation, requested by Plaintiff, to continue the hearing on this motion until after his new motions were decided, and in reviewing and analyzing Plaintiff's Motion for Disqualification of the assigned judge. These additional fees, which Defendants are continuing to incur, currently exceed $42,000. 4. Attached hereto as Exhibit 1 is a spreadsheet containing detailed billing records for

time spent and fees and costs incurred after the filing of the Motion for Attorneys' Fees and Costs. The spreadsheet shows the attorney or paralegal performing the work, the time spent and applicable billing rate, the time billed and resulting fees charged. These records have been redacted to exclude entries for which Defendants are not seeking fees or costs in this motion. It
WAKEFIELD DECL. ISO MOTION FOR ATTORNEYS' FEES AND COSTS

-2-

CASE NO. C-07-05850-MJJ (EDL)

Case 5:07-cv-05850-JW

Document 75

Filed 04/08/2008

Page 3 of 3

1 2 3 4 5 6 7 8 9 10 11 12
F ENWICK & W EST LLP
ATTORNEYS AT LAW SAN FRANCISCO

has also been redacted to protect confidential attorney-client communications. 5. I expect that Defendants will incur significant additional fees in connection with

these pending motions. Defendants expect to submit a further declaration detailing these further fees and expenses. I declare under penalty of perjury that the foregoing is true and correct. Executed in San Francisco on April 8, 2008.

/s/ JEDEDIAH WAKEFIELD Jedediah Wakefield

13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
WAKEFIELD DECL. ISO MOTION FOR ATTORNEYS' FEES AND COSTS

-3-

CASE NO. C-07-05850-MJJ (EDL)

Case 5:07-cv-05850-JW

Document 75-2

Filed 04/08/2008

Page 1 of 4

EXHIBIT 1

Case 5:07-cv-05850-JW

Document 75-2

Filed 04/08/2008

Page 2 of 4

Attorney WAKEFIELD, JEDEDIAH WAKEFIELD, JEDEDIAH WAKEFIELD, JEDEDIAH SIEBER, ALBERT

Rate $605.00 $605.00 $605.00 $410.00

Hours 0.50 0.10 0.20 0.10

PULGRAM, LAURENCE WAKEFIELD, JEDEDIAH SIEBER, ALBERT

$690.00 $605.00 $410.00

0.30 0.40 0.20

SIEBER, ALBERT WAKEFIELD, JEDEDIAH WAKEFIELD, JEDEDIAH SIEBER, ALBERT

$410.00 $605.00 $605.00 $410.00

0.80 0.20 0.80 0.50

SIEBER, ALBERT PULGRAM, LAURENCE WAKEFIELD, JEDEDIAH WAKEFIELD, JEDEDIAH WAKEFIELD, JEDEDIAH WAKEFIELD, JEDEDIAH SIEBER, ALBERT

$410.00 $690.00 $605.00 $605.00 $605.00 $605.00 $410.00

0.30 0.20 3.90 0.20 0.10 1.70 0.40

YUE V. SUN MICROSYSTEMS FEES AND COSTS FROM 03/19/08 - 4/07/08 LINE_ITEM_DESCRIPTION Amount Date REVIEW AND ANALZYE ARGUMENTS IN PLAINTIFF'S MOTION TO DISQUALIFY $302.50 20080319 JUDGE JENKINS. $60.50 20080319 REVIEW DON YUE REQUEST RE NOTICE OF PRO SE STATUS. REVIEW NOTICE OF FILING OF MOTION TO DISQUALIFY JUDGE; REVIEW $121.00 20080321 ORDER OF REFERRAL AND [REDACTED FOR PRIVILEGE]. REVIEW AND RESPOND TO CORRESPONDENCE FROM J. WAKEFIELD RE $41.00 20080321 MOTION TO DISQUALIFY JUDGE. REVIEW AND CONFER WITH J. WAKEFIELD AND A. SIEBER RE REASSIGNMENT OF ATTORNEYS' FEES MOTION AND REVIEW MATERIAL RE $207.00 20080324 PRIOR DECISIONS ON POINT. REVIEW ORDER OF REFERRAL AND SETTING BRIEFING SCHEDULE RE FEES $242.00 20080324 MOTION; RESEARCH AND CONFER WITH MS. DECECCO RE SAME. REVIEW REFERRAL OF ATTORNEYS' FEES MOTION TO MAGISTRATE JUDGE; $82.00 20080324 RESEARCH AND E-MAIL TEAM RE SAME. PHONE CALL TO CLERK RE SCHEDULING OF HEARING DATES ON MOTION TO DISQUALIFY JUDGE; ANALYZE AND CONFER WITH J. WAKEFIELD RE $328.00 20080325 RELATED ISSUES. ANALYSIS RE PLAINTIFF'S THREATENED RULE 60(B) MOTION AND REQUEST $121.00 20080326 FOR EXTENSION; PREPARE WRITTEN RESPONSE TO SAME;. REVIEW PLAINTIFF'S 60(B) AND DISQUALIFICATION MOTIONS; ANALYSIS RE $484.00 20080326 SCHEDULING ISSUES. REVIEW VOICEMAIL FROM D. YUE RE PROPOSED STIPULATION; RESEARCH $205.00 20080326 AND CONFER WITH J. WAKEFIELD RE SAME. CONFER WITH J. WAKEFIELD RE OPPOSITION TO RULE 60(B) MOTION AND PROPOSED STIPULATION TO EXTEND TIME TO RESPOND TO MOTION FOR $123.00 20080327 ATTORNEYS' FEES. REVIEW RULE 60 MOTION AND EMAILS RE SAME; CONSULT RE STRATEGY $138.00 20080327 FOR ATTORNEYS FEES MOTION AND RULE 60(B) MOTION. CONDUCT LEGAL RESEARCH RE MOTION FOR DISQUALIFICATION AND BEGIN $2,359.50 20080327 OUTLINING RESPONSE TO SAME. REVIEW AND RESPOND TO CORRESPONDENCE FROM PLAINTIFF RE $121.00 20080327 SCHEDULING; CALL TO COURT CLERK RE STATUS OF REFERRALS. $60.50 20080327 [REDACTED FOR PRIVILEGE] FURTHER LEGAL RESEARCH RE DISQUALIFICATION MOTION AND PREPARE $1,028.50 20080328 CORRESPONDENCE TO NETBULA'S COUNSEL RE SAME. CONFER WITH J. WAKEFIELD RE OPPOSITION TO MOTION TO DISQUALIFY $164.00 20080328 COUNSEL.

Doc # 1880548

1 of 3

Case 5:07-cv-05850-JW

Document 75-2

Filed 04/08/2008

Page 3 of 4

Attorney SIEBER, ALBERT WAKEFIELD, JEDEDIAH

Rate $410.00 $605.00

Hours 2.60 2.00

WAKEFIELD, JEDEDIAH

$605.00

4.40

PULGRAM, LAURENCE

$690.00

0.80

WAKEFIELD, JEDEDIAH SIEBER, ALBERT WAKEFIELD, JEDEDIAH PULGRAM, LAURENCE SIEBER, ALBERT

$605.00 $410.00 $605.00 $690.00 $410.00

4.10 0.40 2.10 0.50 0.50

YUE V. SUN MICROSYSTEMS FEES AND COSTS FROM 03/19/08 - 4/07/08 LINE_ITEM_DESCRIPTION Amount Date RESEARCH CASE LAW RELATED TO RULE 60(B) MOTIONS; BEGIN DRAFTING $1,066.00 20080329 OPPOSITION TO RULE 60(B) MOTION. REVIEW ADDITIONAL AUTHORITIES AND DRAFT ARGUMENTS FOR $1,210.00 20080330 OPPOSITION TO MOTION FOR DISQUALIFICATION. DRAFT AND REVIEW CORRESPONDENCE AND PREPARE DECLARATION AND STIPULATION RE BRIEFING SCHEDULE FOR VARIOUS MOTIONS; $2,662.00 20080331 PREPARATION OF OPPOSITION TO MOTION FOR DISQUALIFICATION. CONFER WITH J WAKEFIELD RE STRATEGY FOR RULE 60(B) MOTION AND FOR OPPOSITIONS TO MOTION TO DISQUALIFY AND MOTION FOR $552.00 20080331 ATTORNEYS FEES; REVIEW STIPULATIONS RE SAME. PREPARATION OF OPPOSITION TO MOTION TO DISQUALIFY; CALLS WITH COURT CLERK RE SCHEDULING; REVIEW NOTICE OF APPEAL AND $2,480.50 20080401 OPPOSITION TO MOTION FOR ATTORNEYS FEES. REVIEW AND ANALYZE OPPOSITION TO MOTION FOR ATTORNEYS' FEES AND $164.00 20080401 NOTICE OF APPEAL; E-MAIL TEAM RE SAME. REVIEW ORDER RE HEARING DATES; ANALYSIS RE DISQUALIFICATION $1,270.50 20080402 MOTION AND FEES MOTION ARGUMENTS. REVIEW AND ANALYZE OPPOSITION TO ATTORNEYS FEES MOTION; PROVIDE $345.00 20080402 INPUT REGARDING REPLY. ANALYZE AND CONFER WITH J. WAKEFIELD RE REPLY IN SUPPORT OF $205.00 20080402 MOTION FOR ATTORNEYS' FEES. ANALYZE ARGUMENTS FOR ATTORNEYS' FEES REPLY; PREPARATION OF OPPOSITION TO MOTION FOR DISQUALIFICATION; PREPARE AND CONFER WITH PLAINTIFF RE STIPULATION TO CONTINUE HEARING DATE. CONFER WITH J. WAKEFIELD RE REPLY IN SUPPORT OF MOTION FOR ATTORNEYS' FEES. [REDACTED -- FEES NOT SOUGHT] RESEARCH AND DRAFT PORTIONS OF REPLY IN SUPPORT OF MOTION FOR ATTORNEYS' FEES; CONFER WITH L. PULGRAM RE SAME. RESEARCH, DRAFT AND REVISE REPLY IN SUPPORT OF MOTION FOR ATTORNEYS' FEES. RESEARCH ISSUES RELATED TO JURISDICTION FOLLOWING NOTICE OF APPEAL. REVIEW AND CONFER WITH MR. SIEBER RE FEES MOTION REPLY; FURTHER RESEARCH AND DRAFTING OF OPPOSITION TO MOTION FOR DISQUALIFICATION.

WAKEFIELD, JEDEDIAH SIEBER, ALBERT

$605.00 $410.00

2.90 0.40

$1,754.50 $164.00

20080403 20080403

SIEBER, ALBERT SIEBER, ALBERT SIEBER, ALBERT

$410.00 $410.00 $410.00

6.50 4.30 1.30

$2,665.00 $1,763.00 $533.00

20080405 20080406 20080406

WAKEFIELD, JEDEDIAH

$605.00

4.10

$2,480.50

20080406

Doc # 1880548

2 of 3

Case 5:07-cv-05850-JW

Document 75-2

Filed 04/08/2008

Page 4 of 4

Attorney

Rate

Hours

SIEBER, ALBERT

$410.00

7.60

WAKEFIELD, JEDEDIAH SIEBER, ALBERT WAKEFIELD, JEDEDIAH

$605.00 $410.00 $605.00 Total Fees:

10.40 7.00 8.40

YUE V. SUN MICROSYSTEMS FEES AND COSTS FROM 03/19/08 - 4/07/08 LINE_ITEM_DESCRIPTION Amount Date RESEARCH, DRAFT AND REVISE PORTIONS OF OPPOSITION TO RULE 60(B) MOTION; CONFER WITH J. WAKEFIELD RE SAME; CONFER WITH J. WAKEFIELD RE REPLY IN SUPPORT OF MOTION FOR ATTORNEYS' FEES AND $3,116.00 20080407 OPPOSITION TO MOTION FOR DISQUALIFICATION RESEARCH, DRAFT ARGUMENTS AND CONFER WITH MR. SIEBER AND MR. MAH RE 60(B) OPPOSITION, MOTION FOR ATTORNEYS FEES REPLY, AND $6,292.00 20080407 OPPOSITION TO MOTION FOR DISQUALIFICATION. FURTHER PREPARATION OF REPLY IN SUPPORT OF MOTION FOR $2,870.00 20080408 ATTORNEYS' FEES AND OPPOSITION TO 60(B) MOTION RESEARCH, DRAFT AND REVISE REPLY IN SUPPORT OF FEES MOTION; $5,082.00 20080408 PREPARE SUPPORTING DECLARATION IN SUPPORT OF SAME. $42,863.50

Doc # 1880548

3 of 3