Case 1:09-cv REB Document 45-5 Filed 06/18/10 Page 1 of 8

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1 Case 1:09-cv REB Document 45-5 Filed 06/18/10 Page 1 of 8 Time Activities Hours Rate Dec 8, 2008 REB review of Idaho laws for challenging petition GL , circulator requirements in lieu of 9th Circuit decision Dec 10, 2008 RAD Draft Complaint GL Dec 30, 2008 RAD Drafting of pleading GL Dec 31, 2008 RAD Drafting of pleading GL Jan 9, 2009 RAD Drafting final version of pleading GL Jan 9, 2009 REB review complaint draft GL , Jan 14, 2009 RAD Drafting final version of pleading GL Jan 30, 2009 DJT Draft letter to client re: status of litigation; Prepare GL waiver of service documents and send to Sec. of State Jan 31, 2009 DJT Review status with client and Richard Winger GL Feb 10, 2009 DJT File the waiver of summons; review judge's order; contact potential local counsel candidate - Atty. Troupis; confirm representation terms; forward portions of file to Atty. Troupis, including pro hac vice papers GL Feb 18, 2009 DJT Daien - Review ECF filing and file; contact Atty. Troupis about Local Counsel Feb 19, 2009 DJT Correspond with Troupis Mar 9, 2009 DJT Review new order and update Atty. Barnes GL Mar 9, 2009 REB conference & review of court's order re: adjudicatory GL process and best options for client Mar 11, 2009 DJT Contact Troupis re: the division of responsibilities as to the April 7 teleconf. Mar 12, 2009 DJT Draft the Notice and file with Court GL Mar 13, 2009 DJT File the COS Mar 18, 2009 DJT Download document and circulate to Atty. Barnes and client Mar 23, 2009 DJT Pull the docket entry and review; draft to Atty. GL Barnes re: magistrate jurisdiction Mar 23, 2009 REB review of judicial landscape within district and GL Mar 23, 2009 REB options re: magistrate to advise client on procedural GL options & adjudicatory effect Mar 30, 2009 DJT Set up the teleconf.; review the litigation plan, draft GL proposal and forward to opposing counsel Mar 31, 2009 DJT Draft and file the litigation plan; calender and draft GL Mar 31, 2009 DJT to counsel re: minor amendment to the GL stipulated plan Printed: Jun 7, :58 AM / djt Page No. 1

2 Case 1:09-cv REB Document 45-5 Filed 06/18/10 Page 2 of 8 Apr 1, 2009 DJT Review from Atty. Gilmore and respond; call GL conference administrator to change the call to his direct line Apr 3, 2009 DJT Review the filing Apr 6, 2009 DJT Draft status to Atty. Barnes re: Tuesday's GL teleconf. with the court Apr 6, 2009 REB review t/c; contemplate options & strategies moving GL forward Apr 7, 2009 DJT Conference Call GL Apr 11, 2009 DJT Review filing Apr 14, 2009 DJT Research biographies of judges; review the filing GL order and double-check the deadlines pursuant to our hearing May 1, 2009 DJT Review judge information GL May 14, 2009 DJT Prepare the consent to Magistrate Jurisdiction GL May 28, 2009 DJT Initial disclosures; consult with Atty. Barnes; draft GL disclosures, cover letter, and mail May 28, 2009 REB discovery review GL Jul 6, 2009 DJT Call Chambers re: settlement conference; talk to Richard Winger Jul 9, 2009 DJT Leave message for court re: settlement conf. dates Jul 14, 2009 DJT correspondence with Atty. Barnes re: filing pretrial motion, and discussing strategic motives behind defendant's discovery; brief research in support of my position and circulate memo GL Jul 14, 2009 REB review of discovery demands; conference with DJT GL ,0 re: standing issues Jul 14, 2009 RGB Review and reply to various s; conference with GL Jul 14, 2009 RGB DJT, re: discovery requests received from the state, GL Jul 14, 2009 RGB further advise/instruct; conference with RAD and DJT, re: case status, further instruct on all GL Jul 14, 2009 RGB Review several s summaries and attachments, GL Jul 14, 2009 RGB re: standing issues, judgment on the pleadings GL strategy, etc., further instruct Jul 15, 2009 DJT Draft to client updating on status re: discovery GL Jul 16, 2009 DJT Review discovery and draft letter to Daien GL Jul 16, 2009 REB discovery review GL Jul 18, 2009 DJT Review the discovery; review pro hac vice rules and GL Jul 18, 2009 DJT draft my application; contact opposing counsel via GL Jul 18, 2009 DJT for his consent on the designation; prepare the documents for execution Monday GL Jul 19, 2009 DJT Review and file; respond to Printed: Jun 7, :58 AM / djt Page No. 2

3 Case 1:09-cv REB Document 45-5 Filed 06/18/10 Page 3 of 8 Jul 20, 2009 DJT Review status, leave voice messages to opposing counsel, draft to counsel regarding our settlement position and requesting their position on postponing the settlement conference; draft motion to amend scheduling order GL Jul 20, 2009 RGB Review and reply to DJT query , instruct GL Jul 20, 2009 RGB Review and confirm DJT's proposal GL Jul 21, 2009 DJT Finalize research into motion to continue; research GL local rules and judge's rules on website; format all documents, proposed order, etc. Jul 22, 2009 DJT Review discovery and draft letter to client GL Jul 24, 2009 DJT Review Order filed today, and draft update to GL client about the settlement conference Jul 25, 2009 DJT Review and respond; draft responses to discovery for discussion; draft motion to relieve counsel and/or the client from appearing at the settlement conference GL , Jul 26, 2009 DJT Finalize the motion to allow appearance by telephone GL based on Daien's recent s Jul 27, 2009 DJT Review client inquiries and draft response; amend motion and declaration pursuant to client comments, solicit and make changes pursuant to opposing counsel comments; format and file the docs, prepare the proposed order and that as well GL Jul 28, 2009 DJT Review documents for discussion; draft the settlement paper; After settlement paper almost done, reviewed order amending the scheduling order, draft the motion to continue the settlement conference GL , Jul 29, 2009 DJT Finalize the settlement questionnaire response and GL file Aug 3, 2009 DJT Finalize the discovery GL Aug 3, 2009 REB discovery review GL Aug 4, 2009 DJT Work with Daien to get the affidavit returned to our GL Aug 4, 2009 DJT office; finalize the discovery responses; send to GL counsel; work with IT about getting Daien's affidavit Aug 6, 2009 RGB Work performed past week: review and reply to GL Aug 6, 2009 RGB multiple s, re: mediation attendance issues, GL Aug 6, 2009 RGB etc., further instruct DJT; conferences with DJT GL Aug 6, 2009 RGB regarding same, advise appropriate attendance strategy, etc. GL Aug 27, 2009 DJT Finalize the draft of the declaration and forward to GL client for review Aug 27, 2009 REB declaration filings GL Printed: Jun 7, :58 AM / djt Page No. 3

4 Case 1:09-cv REB Document 45-5 Filed 06/18/10 Page 4 of 8 Aug 30, 2009 DJT Review from client re: declaration and file; GL respond to , and forward to Atty. Barnes Aug 30, 2009 REB declaration filings; client review GL Aug 31, 2009 DJT Review local rules related to summary judgment motions; redraft the declaration pursuant to Atty. Barnes' suggestion; forward to client for his review; circulate a proposed outline for the SummJ motion to Atty. Barnes GL Sep 1, 2009 DJT Review and file Sep 1, 2009 DJT Draft Summary Judgment motion GL Sep 2, 2009 DJT Research cases citing Nader v. Arizona, and begin GL drafting SummJ papers Sep 4, 2009 DJT Draft summj, research standing, draft standing GL , section, and review all cases that cited Nader v Brewer Sep 5, 2009 DJT Draft SummJ Motion GL , Sep 5, 2009 RGB Work performed since August 21st: review and reply to several lengthy client s querying case status, work on SJ motion, etc.; mutiple conferences with DJT, re: status of SJ declarations, motion, and memo, further advise/instruct; review and revise motion; review and reply to DJT , re: transmission of SJ draft, reviewer protocols, etc., further advise/instruct; review and revise memo, transmit to REB and DJT for peer review GL , Sep 5, 2009 REB summary judgment motion; research & review GL , Sep 8, 2009 RGB Review draft and teleconference with DJT, further GL advise/instruct; review Frami decision for possible inclusion in memo, further advise/instruct Sep 8, 2009 RGB Review and reply to multiple s; teleconferences GL RGB w/ DJT and REB, re: draft revision status, etc., further advise/instruct Sep 8, 2009 RGB Review and reply to several s; leave vm for GL Sep 8, 2009 RGB REB, re: timing of draft exchanges, query GL appropriately Sep 8, 2009 RGB Final review and revise of post-reb-circulated v4, GL back to DJT for final formatting and ECF filing Sep 8, 2009 REB review of draft of SJ motion; redraft of SJ motions GL , Sep 8, 2009 DJT Finalize the brief GL Sep 9, 2009 RGB Review various s commenting on brief filing, GL Sep 9, 2009 RGB reply appropriately; review final briefs and digitally GL file Sep 9, 2009 RGB Teleconference with DJT, re: state's filing GL Sep 10, 2009 RGB Review and reply to several s, re: work order for GL opposition and then reply, instruct appropriately Printed: Jun 7, :58 AM / djt Page No. 4

5 Case 1:09-cv REB Document 45-5 Filed 06/18/10 Page 5 of 8 Sep 10, 2009 RGB Review and reply to DJT's scheduing , observe GL and intruct Sep 10, 2009 RGB Review and reply to DJT client forward GL Sep 10, 2009 RGB Review and reply to DJT , re: strategic use of GL Anderson in opposition/reply Sep 10, 2009 RGB Review and forward commentary to RAD GL Sep 10, 2009 RGB Review DJT's transmittal observations, re: GL attached State SJ motion Sep 10, 2009 REB review of government SJ motion; draft of outline of GL , response & issues related thereto Sep 10, 2009 DJT Review s and file; brief opposition GL strategy to team Sep 11, 2009 RGB Teleconference with RW, re: factual mistakes in GL state's brief; review RW and attachment, forward to team for drafting incorporation Sep 11, 2009 RGB Review and forward client GL Sep 12, 2009 RGB Review and reply RAD , re: confirming work GL order and timing Sep 12, 2009 DJT Review and file GL Sep 13, 2009 RAD Review Idaho Summ J motion. Draft memo. Begin GL , researching opposition reply Sep 14, 2009 RGB Review and reply to RAD , re: work status GL Sep 14, 2009 RGB Review and reply to DJT emial, confirm all GL Sep 16, 2009 RAD Continue to review Idaho Summ J motion. Draft GL memo. Researching opposition reply Sep 16, 2009 DJT Review emial and file Sep 18, 2009 DJT Conf. with Atty. DeVries GL Sep 22, 2009 DJT Read opposition carefully, take notes; pull all cases GL cited by Idaho; Sep 23, 2009 RAD Research and draft opposition paper GL , Sep 23, 2009 DJT Continue Opposition work; research and drafting GL ,1 Sep 24, 2009 DJT Continue with opposition brief GL , Sep 25, 2009 DJT Finalize Draft for Robert Barnes' review GL , Sep 26, 2009 RAD Research and draft opposition paper GL Sep 26, 2009 REB review of SJ motions; review of opposition to SJ GL , draft; research into standing/ripeness issues Sep 27, 2009 RAD Research and draft opposition paper GL Sep 28, 2009 REB standing research re: First Amendment cases & GL , Nader history Printed: Jun 7, :58 AM / djt Page No. 5

6 Case 1:09-cv REB Document 45-5 Filed 06/18/10 Page 6 of 8 Oct 1, 2009 REB draft of opposition to SJ GL , Oct 2, 2009 DJT Finalize and file the Opposition Brief GL Oct 9, 2009 RGB Review sj motion, then gov opposition; conference with REB (Malibu office), re: gov's opposition to sj brief, discuss all legal issues and strategic options, further advise/instruct GL Oct 16, 2009 DJT Read opposition paper and begin drafting outline for GL , reply, begin drafting reply Oct 16, 2009 RGB Conference with REB, re: SJ motion status, GL substance and strategy of reply, further advise/instruct Oct 17, 2009 DJT Finalize the first draft and circulate for comment GL , Oct 22, 2009 DJT Finalize the reply brief and file GL Oct 22, 2009 REB Idaho SJ reply brief GL , Oct 26, 2009 DJT Review and respond to client GL Dec 1, 2009 DJT Review motion hearing date change and update client GL Dec 4, 2009 DJT Conf. with Atty. Barnes about new schedule and oral GL argument attendance Dec 8, 2009 RGB Work performed from December 2nd onward to date: review summary s and relevant filings (including State's briefing); conference with REB (in Malibu), re: case status, assignments of further work to DJT, etc., further instruct GL Dec 14, 2009 RGB Conference with team (REB by vid conference), DJT and RGB from MKE conference room, re: hearing logistics' issues (including potential conflict with Boston client matter), discuss and decide GL Jan 5, 2010 DJT Prepare litigation folder and begin outline for summj GL Jan 5, 2010 REB Idaho case review & prep GL , Jan 6, 2010 DJT Draft s to client and local counsel; finalize prep GL and print materials for summj Jan 6, 2010 DJT Travel to Idaho; work on plane and in hotel (1 pm to GL , pm - lost hour in travel) Jan 7, 2010 DJT Final prep for hearing and hold hearing, day rate in GL , Boise Jan 8, 2010 DJT Travel back to Milwaukee, lost opportunity cost GL , Jan 13, 2010 DJT Review client and respond Jan 15, 2010 DJT Review from client and file Mar 29, 2010 DJT Review and respond to client inquiry about case status Apr 12, 2010 RGB Conference with DJT, re: case status, confirm all GL Printed: Jun 7, :58 AM / djt Page No. 6

7 Case 1:09-cv REB Document 45-5 Filed 06/18/10 Page 7 of 8 Apr 18, 2010 REB case status update: review options of notice to court GL concerning time-line for pending decision Apr 19, 2010 DJT Review Order; update client; update Winger; GL update co-counsel and staff; draft to Troupis about fees and costs Apr 19, 2010 MEH Review and publish correspondence/documents to GL client file. Apr 19, 2010 RGB Review d.c. decision and conference with REB and GL DJT (at MKE office), further advise/instruct Apr 19, 2010 REB review of decision; review of strategic options for GL client moving forward in remainder of litigation Apr 20, 2010 MEH Media. GL Apr 22, 2010 DJT Review the Supreme Court case (teleconf. with Atty. GL Bernhoft Apr 23, 2010 DJT Research local rules on fee petitions; communicate with all staff re: billings; draft to local counsel about local practice re: entries of judgment and effect of Monday's order; review the billing sheet GL Apr 26, 2010 DJT Research the separate document rule for entry of judgment; draft s to opposing counsel and memo to Atty. Bernhoft and Barnes; calendar the deadlines (entry of judgment, taxable costs and petition for attorneys fees, time for State to appeal) GL Apr 27, 2010 DJT Update local counsel re: plans for filing fee petition; seek Mr. Gilmore's position on a motion to extend time; draft and file the motion for an extension of time GL May 5, 2010 DJT Download Judgment and amended order; calendar GL deadlines and everyone May 6, 2010 DJT Review the Prebill invoice and forward my notes to GL Patti to delete several entries (no charge) May 10, 2010 MEH Review court's order. GL May 10, 2010 RGB Review exchanges on order extending time to GL May 10, 2010 RGB file petition, vet issues, further advise/instruct; GL May 10, 2010 RGB show DJT billing software matters, and determine GL May 10, 2010 RGB and advise that some RGB billings were entered on this case in different matter, instruct GL May 11, 2010 DJT Review order; issue calendaring instructions to GL co-counsel May 11, 2010 REB review of judge's order; review of filing of fee petition GL options Total Time Hours 79, Disbursements Quantity Each Feb 10, 2009 DJT January Westlaw charges GL Printed: Jun 7, :58 AM / djt Page No. 7

8 Case 1:09-cv REB Document 45-5 Filed 06/18/10 Page 8 of 8 Feb 10, 2009 RAD Billing cycle copying total GL Feb 24, 2009 DJT USPS charges, 1/30 & 1/31 GL Apr 7, 2009 DJT March Westlaw total GL May 19, 2009 DJT April Westlaw charges GL Jul 8, 2009 DJT Billing cycle scanning total GL Jul 20, 2009 DJT Pro Hac Vice filing GL Aug 11, 2009 DJT July Westlaw charges GL Aug 21, 2009 RAD Postage GL Sep 17, 2009 DJT August Westlaw charges GL Oct 9, 2009 DJT September Westlaw charges GL , , Nov 11, 2009 DJT October Westlaw charges GL Nov 11, 2009 DJT DJT airfare to Boise GL Feb 11, 2010 RGB January Westlaw charges GL Feb 16, 2010 DJT Airfare, Hotel, meals, ground transportation for Boise GL hearing May 10, 2010 DJT April Westlaw charges GL Total Disbursements 9, Total Time & Disbursements Hours 89, A/R Balance Trust Balance T&B Billable Total Due T&B Fees Billed T&B Disburse Billed Last Billed Nil Nil 89, , Nil Nil Apr 7, 2010 Resp DJT Opened Dec 8, 2008 Long Desc Idaho Case Printed: Jun 7, :58 AM / djt Page No. 8