Heather Gardner AK Bar #0111079

Caitlin Shortell AK Bar #0405027

Allison Mendel AK Bar #8310136
Counsel for Plaintiffs
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ALASKA

MATTHEW HAMBY and CHRISTOPHER

SHELDEN, a married couple, CHRISTINA )
LABORDE and SUSAN TOW, a married )
couple, SEAN EGAN and DAVID
)
ROBINSON, a married couple, TRACEY
WIESE and KATRINA CORTEZ, a married
couple, and COURTNEY LAMB and
STEPHANIE PEARSON, unmarried
persons,
Plaintiffs,
vs.
SEAN C. PARNELL, in his official capacity
as Governor of Alaska, MICHAEL
GERAGHTY, in his official capacity as
Attorney General of the State of Alaska,
WILLIAM J. STREUR, in his official
capacity as Commissioner of the State of
Alaska, Department of Health and Social
Services, and PHILLIP MITCHELL, in his
official capacity as State Registrar and
Licensing Officer, Alaska Bureau of Vital
Statistics,

DECLARATION IN SUPPORT OF
MOTION FOR ATTORNEYS FEES
AND COSTS PURSUANT TO 28
U.S.C. 1988
Case No. 3:14-cv-00089 TMB

Defendants.

I, Caitlin Shortell, hereby declare and state as follows:

1.

I am a member in good standing of the state bar of Alaska. I am licensed to

practice in the United States District Court for the District of Alaska and the United States Court
of Appeals for the Ninth Circuit. I am submitting this declaration in support of Plaintiffs
Motion for Reasonable Attorneys Fees and Costs. I have personal knowledge of the matters
stated in this declaration and could competently testify to these facts.

DECLARATION OF CAITLIN SHORTELL IN SUPPORT OF PLAINTIFFS MOTION FOR REASONABLE

ATTORNEYS FEES AND EXPENSES - 1

Case 3:14-cv-00089-TMB Document 59 Filed 12/02/14 Page 1 of 5

2.

I am a 1999 graduate of Northeastern University School of Law. As a law

student, I obtained one full year of legal work experience, including a judicial externship with
Judge Maxine Chesney of United States District Court for the Northern District of California; the
San Francisco Public Defenders Office, the Prison Law Office in San Quentin, California, and
for private attorneys in San Francisco.
3.

Following graduation, I worked in the San Francisco Bay Area as a contract

attorney for private criminal defense attorneys. In 2000, I clerked for Judge Stephanie Joannides
of the Anchorage Superior Court in the Third Judicial District for a six month period. I then
returned to San Francisco and worked for the firm of Gold, Bennett, Cera, & Sidener on complex
multi-district class action lawsuits in Antitrust and Securities Fraud.
4.

In the fall of 2003, I returned to Alaska and worked at the Alaska Public Defender

Agency until December 31, 2003 and the Attorney Generals Office in Anchorage from April
2004 to January 2, 2008. Prior to Alaska bar admission I worked under the 10-month rule at the
Public Defenders Office and the Attorney Generals Office.
4.

I took the February 2004 Alaska Bar exam and was sworn into the bar on May 27,

3.

I have been practicing law in Alaska since 2004. As an assistant attorney general,

2004.

my primary responsibilities were child protection litigation until 2007, when I transferred to the
Medicaid Subrogation Section, where I negotiated liens, defended lawsuits against the state, and
gave agency advice to agency clients.
4.

In 2008, I accepted the position of Human Rights Advocate, Attorney IV, at the

Alaska State Commission for Human Rights. In that position, I was the lead attorney in the
hearing unit, analyzed ongoing investigations in discrimination, retaliation, and harassment,

DECLARATION OF CAITLIN SHORTELL IN SUPPORT OF PLAINTIFFS MOTION FOR REASONABLE

ATTORNEYS FEES AND EXPENSES - 2

Case 3:14-cv-00089-TMB Document 59 Filed 12/02/14 Page 2 of 5

facilitated settlements, took cases to hearing before the Office of Administrative Hearings, did
public education outreach, and hired, trained, and supervised staff and attorneys.
5.

In 2009, I opened the firm of Shortell Gardner in Anchorage with Heather

Gardner and practiced in that firm until May of 2012, since which I have been in practice as a
solo practitioner. In private practice, I have focused on employment law, family law, criminal
defense, appellate advocacy, and other civil litigation. I have been a member of the Criminal
Justice Act panel, and in that capacity I have done a number of criminal appeals and postconviction relief proceedings through the Ninth Circuit and the District of Alaska and secondchaired one felony jury matter in federal court. I have written several criminal appeals in state
court on a contract basis for the Alaska Public Defender Agency. In addition to the above areas, I
have represented plaintiffs in personal injury litigation.
6. Ms. Gardner and I have been discussing and researching the viability of attacking the
Alaska marriage amendment and statutes for several years. Because of our practice areas, we
were both contacted over the years by Alaskans afflicted by the discriminatory marriage laws,
but we had to turn them away because they had no recourse in the courts. We began planning
and strategizing to bring this matter in earnest after the Windsor v. U.S. decision came out.
Strategizing required careful scrutiny of the rapidly developing array of case law in this area
after Windsor, but also a significant amount of time to research what came before Windsor.
9.

Because I am a solo practitioner, I took a significant financial risk when I agreed

to represent the Plaintiffs. There was no assurance that we would prevail or that I would ever be
compensated for my work.

But I believed that Plaintiffs deserved zealous and judicious

representation and that the cause was just.

10.

This case has since moved on an exceptionally fast track, demanding a significant

commitment of time. Over the last several months, I have turned away other work because this
DECLARATION OF CAITLIN SHORTELL IN SUPPORT OF PLAINTIFFS MOTION FOR REASONABLE
ATTORNEYS FEES AND EXPENSES - 3

Case 3:14-cv-00089-TMB Document 59 Filed 12/02/14 Page 3 of 5

challenging and expedited litigation required a significant amount of my available time and
focus. This matter, while unquestionably worthwhile, has been a financial burden to my practice.
11.

As Defendants counsel discussed in court, the case also presented complex and

novel issues of first impression for this court. Change has occurred rapidly, requiring the
attorneys to be in frequent contact and to adjust quickly to new developments. For that reason,
we met regularly. Each of the attorneys involved provided necessary and irreplaceable
experience, skills and talents and we used them to focus on the most economical route to
prevailing in this matter.
12.

The case had an expedited schedule that required Plaintiffs attorneys to set aside

other work to meet the deadlines. This was both the result of the speed at which the case
proceeded through the court and because changes in this area of law were happening in real
time as the case was in its early stages and strategies were being formulated.
13.

Despite these challenges, the efforts of Plaintiffs team have produced excellent

results for our clients. Plaintiffs appear to be the prevailing parties in this matter. Throughout the
state, Alaskans whose rights were violated by the states discriminatory marriage laws are now
able to form legally recognized families with the rights and responsibilities of marriage.
14.

I have devoted 180.5 hours to the successful prosecution of this matter, which is

documented by my contemporaneous time records. [Exh. A] I have exercised billing judgment

and have not recorded or charged for many additional hours for review, discussion of the issues
with other attorneys, including co-counsel, meetings with third parties, (including numerous
emails and phone calls) general research bearing upon the relevant issues before the court, and
other work that I believe I could reasonably request.
15.

Accordingly, I am requesting to be compensated for 180.5 hours at $395 per hour

through October 27, 2014. I believe that the requested rate is reasonable within this legal
DECLARATION OF CAITLIN SHORTELL IN SUPPORT OF PLAINTIFFS MOTION FOR REASONABLE
ATTORNEYS FEES AND EXPENSES - 4

Case 3:14-cv-00089-TMB Document 59 Filed 12/02/14 Page 4 of 5

community given my background, experience, and skill; the confluence of complexity, risk, and
time demands in this case; and the degree of success that we have achieved.
16.

This is an Amended Declaration. There was an addition error in the sum listed on

my original timesheet. The correct sum of my hours is 180.5 hours at $395.00 per hour for a total
of $71,297.50.
I declare under penalty of perjury that the foregoing is true and correct.
Executed in Anchorage, Alaska on this 1st day of December, 2014.
/Caitlin Shortell___
AK Bar # 0405027

DECLARATION OF CAITLIN SHORTELL IN SUPPORT OF PLAINTIFFS MOTION FOR REASONABLE

ATTORNEYS FEES AND EXPENSES - 5

Case 3:14-cv-00089-TMB Document 59 Filed 12/02/14 Page 5 of 5

Law Offices of Caitlin Shortell

HAMBY V. PARNELL TIME ENTRIES

DATE: 6/26/13-10/27/14

645 G Street Suite 100-752

Phone 907 272-8181 Fax 888 979-6`48
caitlin@caitlinshortell.com
DATE

DESCRIPTION

BALANCE

AMOUNT

@ $395.00/hr
6/26/13

Emails w/ clients Tracey Wiese, Sean Egan, and others

.6

237.00

06/27/13

Emails w/ prospective clients

.4

158.00

07/1/13

Telephone interview with client DR

1.4

553.00

07/27/13

Email Clients Wiese, Egan

1/5/14

Email ACLU Josh Decker

01/15/14

Meeting with Clients in Anchorage

.2

79.00

.1

39.50

1.7

671.50

Email Client couples re: status of upcoming complaint

.8

316.00

1/26/14

Read new 9th c. case, take notes for upcoming filing

.7

276.50

1/26/14

Meting HG re: filing case, new 9 th c. authority

1.9

750.50

1/29/14

Email clients, update re: status of case and new authority

.6

237.00

2/2/14

Meet HG re: filing case, discuss potential org ACLU

1.5

592.50

2/9/14

Meet HG re: clients interviewed & how to draft complaint

1.4

553.00

2/16/14

Meet HG re: 1983 treatise & filing 1983 action

1.7

671.50

2/23/14

Meet HG re: 1983 action, co-counsel, & defenses

1.3

513.50

2/25/14

Meet CS & AM re: filing strategy & protocol

1.0

395.00

2/27/14

Meet client for interview for complaint

1.8

711.00

3/2/14

Meet HG re: drafting of complaint

1.5

592.50

3/6/14

Emails w/ HG & AM

.4

158.00

3/9/14

Meeting w/ HG re: filing of complaint & other states

2.4

948.00

3/10/14

Emails w/HG re: sample cocounsel docs NCLR

.3

118.50

3/10/14

Legal Research: read various other states complaints

2.0

790.00

3/16/14

Mtg w/HG, clients re: complaint

1.5

592.50

3/22/14

Meet w/ HG & Cients interview telephone for complaint

1.2

474.00

3/30/14

Meeting w HG re complaint and client coordination

1.8

711.00

4/1/14

Meet w/client Hamby

2.4

948.00

4/1/14

Meet w/ HG re: draft of complaint, caselaw, strategy

1.2

474.00

4/6/14

Meet w/ HG review complaint, discuss revisions

1.7

671.50

1/15/14

Case 3:14-cv-00089-TMB Document 59-1 Filed 12/02/14 Page 1 of 4

4/10/14

Legal Research: read caselaw, take notes for complaint

.8

316.00

4/13/14

Meeting w/ HG to work on complaint

1.7

671.50

4/20/14

Meeting w/HG to go over complaint, discuss when to file

1.7

671.50

4/24/14

Emails with cocounsel, meet re: complaint

1.1

434.50

4/27/14

Client coordination, Email, mtg w HG and AM

1.5

592.50

4/27/14

Emails w/ clients to request information to add to

complaint

.6

237.00

5/4/14

Meet w/ HG re: parties information

1.6

632.00

5/7/14

Review complaint and revisions, check statutes, law

1.8

711.00

5/8/14

Meet w/client

1.1

434.50

5/9/14

Email client re: filing

.2

79.00

5/11/14

Meet w/Hg re: edits

1.5

592.50

5/12/14

Email clients re: filing & communications

.4

158.00

5/12/14

Call w AM and HG; calls, emails, re filing

2.5

987.50

5/13/14

Email clients re: filing fee payment

.5

197.50

5/18/14

Meet w/ HG re: Motion for Summary Judgment other states

1.7

671.50

5/20/14

Emails HG and AM

.4

158.00

5/21/14

Review documents, emails HG and AM

.6

237.00

5/22/14

Review emails, Mtg HG and AM

5/25/14

Meet w/HG re: client questions, service, msj

1.5

592.50

5/27/14

Meet w/clients answer legal questions

1.9

750.50

6/19/14

Meet w/HG re: client mtg & questions

1.4

553.00

6/20/14

Review Defendants Answer, Affirmative Defenses

1.6

632.00

6/23/14

Meet w/HG re: affirmative defenses

1.4

553.00

6/25/14

Legal Research re: Affirmative Defenses

.7

276.50

7/6/14

Meet w/ HG re: Motion to Strike, MSJ, Disqualification

1.7

671.50

7/8/14

Conference w/ co-counsel

1.00

395.00

7/17/14

Emails w/ counsel re report revision

1.00

395.00

7/20/14

Research & draft Motion to Disqualify; Strike Answer

2.5

987.50

7/20/14

Meeting w/HG re: Motion Disqualifiy and Strike Answer

1.5

592.50

7/21/14

Emails to clients and counsel

.2

79.00

7/22/14

Review file, Prepare and attend hearing, confer w AM

2.0

790.00

7/24/14

Meeting w/clients and cocounsel

2.2

869.00

7/27/14

Meet w/ HG re: MSJ format and strategy

1.1

434.50

7/30/14

Emails and review of planning report

.4

158.00

8/3/14

Meet w/HG re: client issues & MSJ

1.6

632.00

8/7/14

Draft skeleton of Motion for Summary Judgment

8.8

3476.00

1.2

474.00

Case 3:14-cv-00089-TMB Document 59-1 Filed 12/02/14 Page 2 of 4

8/10/14

Meet w/HG re: skeleton of MSJ

1.9

750.50

8/11/14

Legal Research for MSJ read cases

4.1

1619.50

8/11/14

Draft MSJ History of Marriage in AK, EP, Baker v. Nelson

7.1

2804.50

8/12/14

Draft MSJ DP Fundamental Rights

6.0

2370.00

8/12/14

Legal Research for MSJ: Read cases for DP

2.5

987.50

8/12/14

Meet w/HG re: MSJ draft

.8

316.00

08/13/14

Legal Research for MSJ: Affirmative Defenses

2.0

790.00

08/13/14

Draft MSJ sections on Affirmative Defenses

4.4

1738.00

08/13/14

Legal Research & review of format of MSJs in marriage cases

.8

316.00

8/13/14

Meet w/HG re: MSJ draft

1.1

434.50

8/14/14

Revise MSJ Draft, add sections re: level of scrutiny

6.7

2646.50

8/15/14

Meet w/ HG to review & discuss MSJ draft

.9

355.50

8/17/14

Emails & Meet w/HG re: MSJ draft & order of arguments

1.6

632.00

8/19/14

Review declarations

.5

197.50

8/24/14

Mtg HG re: MSJ

1.4

553.00

8/27/14

Review Revised MSJ, additional drafting & checking caselaw

3.3

1303.50

8/27/14

Mtg HG and AM

.3

118.50

8/28/14

Review revised MSJ, rewrite sections, research & cite check

4.6

1817.00

8/29/14

Meet w/ AM & HG re: MSJ; draft sections, review

declarations

3.8

1501.00

8/31/14

Meet w/HG re: MSJ & duties for future briefing

1.3

513.50

9/20/14

Review marriage case pleadings in ID, UT, VA, MI, NV

3.0

1185.00

9/22/14

Emails with co-counsel

.3

118.50

9/28/14

Review Defendants opposition brief

.8

316.00

10/2/14

Meet w/HG and confer w cocounsel re: draft of Reply

2.5

987.50

10/3/14

Review drafts of Reply

2.2

869.00

10/4/14

Watch videos of marriage case appellate oral arguments

3.5

1382.50

10/5/14

Meet w/ HG run through oral argument plan

1.5

592.50

10/6/14

Draft outline for oral argument from MSJ & Reply

2.2

869.00

10/6/14

Conference w AM

1.0

395.00

10/7/14

Draft outline of Latta & excerpt for use in Oral Argument

2.9

1145.50

10/8/14

Mtg w/ AM re: oral argument

1.0

395.00

10/8/14

Mtg w/ HG prep oral argument

3.1

1224.50

10/9/14

Mtgs w/ AM & HG re: oral argument

1.0

395.00

10/9/14

Practice for Oral Argument

3.0

1185.00

10/10/14

Meet w/ clients oral arg

1.0

395.00

10/10/14

Prepare Oral Argument w/ HG

2.2

869.00

Case 3:14-cv-00089-TMB Document 59-1 Filed 12/02/14 Page 3 of 4

10/10/14

Court Appearance: Oral Argument

1.1

434.50

10/10/14

Meeting w/clients debrief

1.8

711.00

10/12/14

Review Judge Burgesss decision

.8

316.00

10/13/14

Conference w/ co-counsel; email clients

1.2

474.00

10/24/14

Meet w/HG & AM re; procedure of 1988 motion

.4

158.00

10/26/14

Draft declaration for Motion for Fees

.3

118.50

10/27/14

Prepare Timesheet from billing records for 1988 motion

1.7

671.50

180.5 hrs

$71,297.50

Case 3:14-cv-00089-TMB Document 59-1 Filed 12/02/14 Page 4 of 4