UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MINNESOTA

Transcription

1 CASE 0:09-cv DWF-LIB Document 239 Filed 12/16/11 Page 1 of 2 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MINNESOTA OWNER OPERATOR INDEPENDENT DRIVERS ASSOCIATION, INC., a Missouri non-profit entity, and STEPHEN K. HOUSE, natural person, Plaintiffs, v. Civil File No. 09-cv-1116 (DWF/RLE) MARK DUNASKI, KEN URQUHART, CHRISTOPHER NORTON, JAMES ULLMER, DOUG THOOFT and JOHN DOES 1, Personally, Individually, and in their Official Capacities, Defendants. DECLARATION OF ALBERT T. GOINS, SR. IN SUPPORT OF PLAINTIFFS MOTION FOR AN AWARD OF ATTORNEY FEES AND EXPENSES I, ALBERT T. GOINS, SR., aver, under penalty of perjury, as follows: 1. I was retained by The Cullen Law Firm, PLLC to act as local counsel prior to the commencement of the above-captioned matter. I am submitting this declaration in support of Plaintiffs motion for an award of attorney fees and expenses in connection with services rendered in the above-captioned action. 2. Attached hereto as Exhibit A is a copy of my resume. 3. I have been licensed to practice law in Minnesota since February 2, I have been admitted to the United States District Court for the District of Minnesota (1982) 1

2 CASE 0:09-cv DWF-LIB Document 239 Filed 12/16/11 Page 2 of 2 and to the United States District Court for the Eastern District of Wisconsin; I am also admitted to the United States Court of Appeals for the Eighth Circuit and the United States Court of Appeals for the Seventh Circuit. I am also admitted to the United States Supreme Court and the Supreme Judicial Court of Massachusetts. 4. I have an undergraduate degree from the University of Minnesota College of Liberal Arts (1977). I am a Juris Doctor graduate of the University of Minnesota Law School, where I concentrated in Administrative and Constitutional Law (1980). I also hold a Master s degree from the John F. Kennedy School of Government at Harvard University (1989). 5. Attached hereto as Exhibit B is a summary of the invoices that Goins Law Office, Ltd. and Albert Turner Goins submitted to The Cullen Law Firm for services rendered; behind the summary are copies of the summarized invoices. Also submitted in the final invoice is time for certain legal services performed by Damon L.Ward, Esq. an associated attorney practicing under the rubric of Ward Law Group. I am familiar with Mr. Ward s qualifications and skills. He has been admitted to practice in Minnesota for twenty years and is admitted to this Court. He has practiced primarily in the area of litigation. Mr. Ward is a 1991 graduate of Hamline University School of Law and served as the Editor in Chief of its Law Review. 6. The copies of invoices in Exhibit B are true and accurate copies, and well reflect the services performed by me and expenses incurred by the firm. Dated: 12/15/2011 s/albert Turner Goins, Sr. Albert Turner Goins, Sr. 2

3 CASE 0:09-cv DWF-LIB Document Filed 12/16/11 Page 1 of 3 EXHIBIT A

4 Albert Goins CASE 0:09-cv DWF-LIB Document Filed 12/16/11 Page 2 of th Avenue South 378N Minneapolis, MN Phone: Fax: aturngoins@yahoo.com GOINS LAW OFFICE, LTD. Objective Practice in the areas of Civil and Criminal Litigation including Trial Practice and litigation in Section 1983 and Police Misconduct, Business Litigation, Discrimination and Employment Law. Criminal Defense Practice in both State and federal courts. Experience Goins Law Office, Ltd.-Owner-Principal Attorney 2006-present Practicing in civil litigation including police and public misconduct; employment law; criminal defense practice including misdemeanors and felonies in State and federal courts in Minnesota; appellate practice. Goins & Wood, P.C. Principal attorney General litigation practice and criminal defense. Hennepin County Public Defenders Office Conflicts Attorney 1995-present Handling criminal defense for indigent clients in the Fourth Judicial District based on ethical conflict of interest assignments including misdemeanors, gross misdemeanors, felonies and serious felonies. Education HARVARD UNIVERSITY Special Student in Graduate School of Arts and Sciences and Master of Public Administration, John F. Kennedy School of Government (1989). UNIVERSITY OF MINNESOTA LAW SCHOOL Juris Doctor Degree received With Concentration in Administrative And Constitutional Law (1980). UNIVERSITY OF MINNESOTA COLLEGE OF LIBERAL ARTS Bachelor of Elected Studies (non-major) degree received (1977).

5 CASE 0:09-cv DWF-LIB Document Filed 12/16/11 Page 3 of 3 Bar Admissions Licensed to practice law in Minnesota since February 2, United States District Court for the District of Minnesota (1982). Other admissions: United States District Court for the Eastern District of Wisconsin; United States Court of Appeals for the Eighth Circuit; United States Court of Appeals for the Seventh Circuit. United States Supreme Court; Supreme Judicial Court of Massachusetts. 2

6 CASE 0:09-cv DWF-LIB Document Filed 12/16/11 Page 1 of 20 EXHIBIT B

7 CASE 0:09-cv DWF-LIB Document Filed 12/16/11 Page 2 of 20 GOINS LAW OFFICES, LTD. INVOICE SUMMARY Invoice Date Amount 10/19/2009 $ 21, /2/ , /30/ , /15/ , TOTAL $ 89,976.00

8 CASE 0:09-cv DWF-LIB Document Filed 12/16/11 Page 3 of 20

20 CASE 0:09-cv DWF-LIB Document Filed 12/16/11 Page 15 of 20 Goins Law Offices, Ltd. 301 Fourth Avenue South 378 Grain Exchange Building Minneapolis, Minnesota Invoice submitted to: Paul D. Cullen, Sr. The Cullen Law Firm, PLLC th Street, N.W. Suite 300 Washington DC December 15, 2011 Invoice # Owner-Operator Independent Drivers Ass'n, Inc. et al v. Mark Dunaski, et al Court File No.: 09-cv DWF-LIB Our File No.: Professional Services Hrs/Rate Amount 9/30/2010 Consultation re: Relief Phase and Intoxilyzer decree /6/2010 Discussion with ATG and client counsel regarding research of 1.00 consent decrees; research for exemplars of consent decrees with /hr State of Minnesota. [DW] 10/19/2010 Review correspond. Opp. counsel /26/2010 Assist/consult re: Correspond. On MSP materials and mediation /28/2010 Confer and assist re: correspondence to District Judge /1/2010 Confer re: corresp. To District Judge /16/2010 Conference with OOIDA counsel and ATG regarding attorneys 1.00 fees submissions and affidavits and strategy; investigate and /hr deliver exemplars of bill of costs, memorandum in support of

21 CASE 0:09-cv DWF-LIB Document Filed 12/16/11 Page 16 of 20 Paul D. Cullen, Sr. Page 2 attorneys fees award, and corresponding declarations; send discussion to ATG re: exemplars. [DW] Hrs/Rate Amount 12/8/2010 Cell phone teleconference /13/2010 Cell phone teleconference /21/2010 Cell phone teleconference /20/2011 Cell phone teleconference /24/2011 Cell phone teleconference /25/2011 Cell phone teleconference /28/2011 Review and confer re: Court's Findings of Fact, Conclusions of 1.00 Law and Memorandum 1/31/2011 Confer with co-counsel post-decision; Review Judge Frank 1.35 decision; Participate in Status Conference. 2/1/2011 Review communication/respond re: scheduling of 0.70 settlement conference; Cell phone teleconference. 2/2/2011 Cell phone teleconference /3/2011 Cell phone teleconference /8/2011 Cell phone teleconference /9/2011 Cell phone teleconference

22 CASE 0:09-cv DWF-LIB Document Filed 12/16/11 Page 17 of 20 Paul D. Cullen, Sr. Page 3 Hrs/Rate Amount 2/11/2011 Cell phone teleconference /15/2011 Cell phone teleconference /22/2011 Cell phone teleconference /24/2011 Cell phone teleconference /28/2011 Cell phone teleconference /8/2011 Cell phone teleconference /9/2011 Review correspondence re: final order /10/2011 Review correspondence re: final order /13/2011 Prepare for settlement conference; attend settlement conference , Comment on settlement letter to Mag. J /14/2011 Review discussions with ATG re: settlement posture [DW] /15/2011 Travel & mileage round trip W.B.L. to Duluth, MN /hr 3/17/2011 Review post-conference settlement scheduling order/status letter 1.70 from Magistrate Judge; Cell phone teleconference re: potential post-trial motion(s) ,

23 CASE 0:09-cv DWF-LIB Document Filed 12/16/11 Page 18 of 20 Paul D. Cullen, Sr. Page 4 Hrs/Rate Amount 3/21/2011 Cell phone teleconference w/co-counsel re: post-trial motion /29/2011 Teleconference with opp. Counsel; review corresp /30/2011 Cell phone teleconference /4/2011 Preparation for and tel. conf. Mag. J. 4/7/11; Cell phone 1.30 teleconference w/co-counsel 4/7/2011 Cell phone teleconference /8/2011 Review and revise Letter to District Judge opposing Defts. Recon Req. 4/11/2011 Cell phone teleconference /18/2011 Review final submission on Declaratory Relief /27/2011 Cell phone teleconference and review re: Court's Order on 1.33 reconsideration 5/5/2011 Cell phone teleconference /14/2011 Cell phone teleconference /27/2011 Cell phone teleconference /30/2011 Review post-trial disclosures of Defendants; confer re: timing of 1.00 opposition filings 7/5/2011 Cell phone teleconference re: rules, including word limitation 0.95 enlargement. Prep. Of Stipulation to Court

24 CASE 0:09-cv DWF-LIB Document Filed 12/16/11 Page 19 of 20 Paul D. Cullen, Sr. Page 5 Hrs/Rate Amount 7/6/2011 Cell phone teleconference /8/2011 Assist in drafting and review of Reply Brief on Post Trial Relief /11/2011 Cell phone teleconference /15/2011 Attend Motions Hearing in St. Paul /13/2011 Pacer docket review/investigation /30/2011 Confer re: notifying District Judge of 7th Circuit decision /31/2011 Pacer docket review/investigation; Cell phone teleconference /1/2011 Pacer docket review/investigation /21/2011 Review Order for Declaratory Relief, Injunction and Entry of 2.80 Judgment; Contact media outlets re: Order of same date; Cell phone teleconference; Pacer docket review/investigation. 9/22/2011 Review Judgment /23/2011 Confer re: media release/ interviews /26/2011 Confer re: Notice of Intent to Seek Attorneys Fees /27/2011 Assist in finalizing notice of intent to seek fees

25 CASE 0:09-cv DWF-LIB Document Filed 12/16/11 Page 20 of 20 Paul D. Cullen, Sr. Page 6 Hrs/Rate Amount 9/28/2011 Pacer docket review/investigation /18/2011 Cell phone teleconference; strategize re: briefing schedule for 1.00 attorneys fees motion 11/9/2011 Confer re: briefing schedule; contact to Calendar clerk /14/2011 Assist in locating attorneys fees experts /23/2011 Cell phone teleconference /1/2011 Cell phone teleconference For professional services rendered $19, Previous balance $23, /31/2010 Payment - thank you ($23,910.00) Total payments and adjustments ($23,910.00) Balance due $19,228.50