Free Declaration in Support - District Court of California - California

Case 3:07-cv-03437-JSW

Document 42

Filed 01/23/2008

Page 1 of 3

1 2 3 4 5 6 7 8 9 10
Wendel, Rosen, Black & Dean LLP

John S. Blackman, Bar No. 114654 Email: [email protected] FARBSTEIN & BLACKMAN 411 Borel Avenue, Suite 425 San Mateo, CA 94402-3518 Telephone: (650) 554-6200 Fax: (650) 554-6240 Charles A. Hansen, Bar No. 76679 Email: [email protected] Carl D. Ciochon, Bar No. 165963 Email: [email protected] WENDEL, ROSEN, BLACK & DEAN LLP 1111 Broadway, 24th Floor Oakland, California 94607-4036 Telephone: (510) 834-6600 Fax: (510) 834-1928 Attorneys for Defendant Mark Garibaldi dba The Garibaldi Company UNITED STATES DISTRICT COURT

11
1111 Bro adw ay, 24t h F loo r O akland, CA 94 607- 403 6

12 13 NORTHERN DISTRICT OF CALIFORNIA 14 15 16 17 18 19 20 21 22 23 24 Defendants. 25 26 27 28 Action Filed: June 29, 2007 vs. THOMAS J. TOMANEK; and MARK GARIBALDI, individually and doing business as THE GARIBALDI COMPANY, EDITH MACIAS, individually and on behalf of similarly situated individuals; HOTON DURAN; TIFFANY HUYNH; AURA MENDIETA; WILLIAM LABOY; MIGUEL ACOSTA; CRUZ ACOSTA, CUAUHTEMOC TORAL; and TERESA VILLEGAS, KAPIKA SALAMBUE and MARINA DURAN, Plaintiffs, Date: March 14, 2008 Time: 9:00 a.m. Courtroom: 2, 17th Floor Before: Hon. Jeffrey S. White Case No. C 07 3437 JSW DECLARATION OF CARL D. CIOCHON IN SUPPORT OF DEFENDANT GARIBALDI'S MOTION TO BE DECLARED PREVAILING PARTY AND FOR ATTORNEYS' FEES AND COSTS

014499.0002\836740.1

DECLARATION OF CARL D. CIOCHON IN SUPPORT OF GARIBALDI'S MOTION FOR ATTORNEYS' FEES Case No. C 07 3437 JSW

Case 3:07-cv-03437-JSW

Document 42

Filed 01/23/2008

Page 2 of 3

1 2 3 4 5 6 7 8 9 10
Wendel, Rosen, Black & Dean LLP

Carl D. Ciochon declares as follows: 1. I am an attorney licensed to practice law in California and admitted to practice

before this Court. I am associated with the firm of Wendel, Rosen, Black & Dean LLP ("Wendel Rosen"), counsel of record for defendant Mark Garibaldi individually and doing business as The Garibaldi Company ("Garibaldi"). I make this Declaration in support of Garibaldi's Motion to Be Declared Prevailing Party and for Attorneys' Fees and Costs. I have personal knowledge of the matters set forth below, and if called to testify, would testify competently thereto. 2. I am the attorney at this firm with primary responsibility for this matter. I have

over 10 years experience litigating complex civil cases in state and federal court. Before entering private practice, I clerked for the Hon. Richard M. Bilby of the United States District Court, District of Arizona. Prior to January 1, 2008, my normal hourly billing rate was $325. 3. Through December 31, 2007, Wendel Rosen has billed Garibaldi a total of

11
1111 Bro adw ay, 24t h F loo r O akland, CA 94 607- 403 6

12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

$31,660.82 in connection with this action ­ $28,060.50 for professional services rendered and $3,600.32 in costs. These attorneys' fees and costs are reasonable and were necessarily incurred in the defense of this action. They cover, among other activities, the drafting of two motions to dismiss pursuant to Rule 12(b)(6), the second of which was granted with prejudice, resulting in entry of Judgment in Garibaldi's favor. Drafting these motions required substantial research and analysis of complex legal issues involving the RICO statute and federal mail fraud liability. 4. Attached as Exhibit A to this Declaration are true and correct copies of Wendel

Rosen's billing statements for services rendered in defense of this action through December 31, 2007. Our time records are created and maintained using the CMS.Net Enhanced Time Entry software. I personally enter my time into the CMS system on a daily basis. We bill in minimum increments of .10 of an hour. As noted earlier, I have been the attorney with primary responsibility for this case. Charles Hansen, a partner in the firm, has also been involved. Prior to January 1, 2008, Mr. Hansen's normal hourly billing rate was $465. A junior associate, Kurt Wendlenner, was briefly involved at the inception of the engagement. Mr. Wendlenner's normal hourly billing rate is $225. Other personnel who have billed time include paralegal Franne L.

014499.0002\836740.1

DECLARATION OF CARL D. CIOCHON IN SUPPORT OF GARIBALDI'S MOTION FOR ATTORNEYS' FEES Case No. C 07 3437 JSW

-1-

Case 3:07-cv-03437-JSW

Document 42

Filed 01/23/2008

Page 3 of 3

1 2 3 4 5 6 7 8 9 10
Wendel, Rosen, Black & Dean LLP

Michaud (normal billing rate: $140/hour) and case clerks Brian Martinez and Frances Regalado (normal billing rate: $100/hour). 5. The billing statements attached hereto as Exhibit A identify the services rendered

in the matter by each timekeeper. Certain entries have been redacted to prevent disclosure of attorney-client privileged information and attorney work-product. We are prepared to submit unredacted copies for in-camera review should the Court so require. I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct and that this Declaration was executed in Oakland, California on January 23, 2008. /s/ Carl D. Ciochon

11
1111 Bro adw ay, 24t h F loo r O akland, CA 94 607- 403 6

12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

014499.0002\836740.1

DECLARATION OF CARL D. CIOCHON IN SUPPORT OF GARIBALDI'S MOTION FOR ATTORNEYS' FEES Case No. C 07 3437 JSW

-2-