1

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF TEXAS

LUKE T. CHRISMAN, individually and on 

behalf of all others similarly situated,

Plaintiffs,

v.

LLOYD J. AUSTIN, III, in his official 

capacity as United States Secretary of Defense, 

et al.,

Defendants.

Case No. 6:22-cv-00049-H

APPENDIX IN SUPPORT OF PLAINTIFFS’ MOTION 

FOR ATTORNEYS’ FEES AND COSTS

Plaintiffs file their Appendix in Support of their Motion for Attorneys’ Fees and Costs. The 

Appendix consists of the following:

Appendix Page Nos. Description

4 – 20 Exhibit A - Declaration of Johnathan F. Mitchell

- Exhibit 1: Resume of Johnathan F. Mitchell

21 – 70

Exhibit B - Declaration of Aaron Siri

- Exhibit 1: Itemization of expenses and time

expended for Siri & Glimstad LLP

71 – 92

Exhibit C - Declaration of Christopher Wiest

- Exhibit 1: Christopher Wiest Curriculum Vitae

- Exhibit 2: Itemization of expenses and time

expended for Christopher Wiest

93 – 125

Exhibit D - Declaration of Thomas Bruns

- Exhibit 1: Thomas Bruns Curriculum Vitae

- Exhibit 2: Itemization of expenses and time

expended for Thomas Bruns

126 – 139

Exhibit E - Declaration of John Sullivan

- Exhibit 1: John Sullivan Curriculum Vitae

- Exhibit 2: Itemization of expenses and time

expended for John Sullivan

140 – 142 Exhibit F – Declaration of Robert Schelske

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143 – 145 Exhibit G – Declaration of Luke Chrisman

146 – 153 Exhibit H – Franciscan All., Inc. v. Becerra, Dkt, 224-2

Dated: January 22, 2024 Respectfully submitted, 

/s/Aaron Siri

Aaron Siri (admitted PHV)

Elizabeth A. Brehm (admitted PHV) 

Wendy Cox (TX 24090162)

Dana Smith (admitted PHV)

SIRI | GLIMSTAD LLP

745 Fifth Avenue, Suite 500

New York, NY 10151

(212) 532-1091 (v)

(646) 417-5967 (f)

aaron@sirillp.com

ebrehm@sirillp.com

wcox@sirillp.com

dsmith@sirillp.com

Christopher Wiest (admitted PHV)

Chris Wiest, Atty at Law, PLLC 

25 Town Center Boulevard, Suite 104

Crestview Hills, KY 41017

(513) 257-1895 (vc)

(859) 495-0803 (f)

chris@cwiestlaw.com

Thomas Bruns (admitted PHV)

Bruns, Connell, Vollmar & Armstrong, LLC

4555 Lake Forest Drive, Suite 330

Cincinnati, OH 45242

(513) 312-9890 (vt)

tbruns@bcvalaw.com

John C. Sullivan

S|L LAW PLLC

Texas Bar Number: 24083920 

610 Uptown Boulevard, Suite 2000

Cedar Hill, Texas 75104

(469) 523–1351 (v)

(469) 613-0891 (f)

john.sullivan@the-sl-lawfirm.com

Attorneys for Plaintiffs

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CERTIFICATE OF SERVICE

I hereby certify that on January 22, 2024, a true and correct copy of Appendix in Support 

of Plaintiffs’ Motion For Attorneys’ Fees And Costs was served by CM/ECF on all counsel or 

parties of record.

/s/Aaron Siri

Aaron Siri

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EXHIBIT A

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Mitchell Declaration Page 1 of 7

U N I T E D S T A T E S D I S T R I C T C O U R T

F O R T H E N O R T H E R N D I S T R I C T O F T E X A S

S A N A N G E L O D I V I S I O N

LUKE CHRISMAN, et al.,

Plaintiffs,

v.

LLOYD J. AUSTIN, III, in his 

official capacity as United States 

Secretary of Defense, et al.,

Defendants.

 Case No. 6:22-cv-00049-H

DECLARATION OF JONATHAN F. MITCHELL

1. My name is Jonathan F. Mitchell. I am over the age of 18 and fully

competent in all respects to make this declaration. 

2. I have personal knowledge of the facts stated in this declaration, and all

of these facts are true and correct. I render the opinions herein to a reasonable 

degree of legal certainty. 

3. My résumé is attached as Exhibit 1 to this declaration. As reflected in

that attachment, I graduated law school from the University of Chicago Law 

School in 2001, and then clerked for Judge J. Michael Luttig of the U.S. Court 

of Appeals for the Fourth Circuit and for Justice Antonin Scalia of the Supreme 

Court of the United States. I then served as an Attorney-Adviser in the Office 

of Legal Counsel of the United States Department of Justice from 2003 through 

2006, and I taught at Georgetown University Law Center, the University of 

Chicago Law School, and George Mason University. 

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4. I have practiced law in Texas for 13 years, and I have been a member of

the Texas bar since 2010. I served as the Solicitor General of Texas from 2010 

to 2015.

5. I am admitted to practice in Texas; Pennsylvania; the District of 

Columbia; Washington; the United States District Courts for the Northern, 

Southern, Eastern, and Western Districts of Texas; the United States District 

Courts for the Eastern, Middle, and Western Districts of Pennsylvania; the

United States District Court for the Western District of Washington; the

United States District Court for the District of Columbia; the United States

District Courts for the Northern and Central Districts of Illinois; the United

States Courts of Appeals for the D.C., Second, Third, Fourth, Fifth, Sixth, 

Seventh, Eighth, Ninth, Tenth, and Eleventh Circuits; and the Supreme Court 

of the United States.

6. I am presently a principal at Mitchell Law PLLC, where I routinely 

practice in the United States District Courts for the Northern, Southern, 

Eastern, and Western Districts of Texas, as well as practicing appellate work 

throughout the country, including in the United States Supreme Court, where 

I have appeared and argued in five cases, with two additional arguments 

scheduled for next month.

7. I am familiar with the fees charged by attorneys who practice complex 

civil litigation in the Northern District of Texas that includes similar novel and 

challenging issues presented in this case. In particular, I am familiar with fees 

charged by attorneys who practice cases involving civil rights. I have 

successfully litigated civil-rights cases throughout Texas myself, including in 

federal courts.

8. I am familiar with the work of the Plaintiffs’ counsel, including their 

work in other nationally significant matters. I have reviewed the docket report 

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Mitchell Declaration Page 3 of 7

and the material decisions for this particular case. I have also reviewed the 

declarations of the Plaintiffs’ counsel, and curricula vitae, their respective 

years of practice, experience, and invoices attached thereto.

9. I have also reviewed the declarations of plaintiffs Mr. Chrisman and 

SSgt Schelske, concerning their inability to obtain counsel local to San Angelo 

or Lubbock who were willing to take on this representation. My knowledge of 

practitioners in those markets, and the complexity of this litigation, is 

consistent with their experience. This litigation required special expertise to 

handle and, more significantly, to prevail in. There are no practitioners that I 

am aware of, based in San Angelo or Lubbock, who have the requisite skill or 

experience to handle a matter such as this litigation. 

10.There are firms in the Northern District of Texas who had the capacity 

to handle this matter, specifically certain of the larger firms located in Fort 

Worth or Dallas, or First Liberty Institute, located in Plano, Texas (which

handled similar litigation against Navy officials).

11.After review of the docket, it is clear this case was vigorously litigated 

by the Department of Justice, and therefore demanded substantial experience, 

expertise, and sophistication, as well as a large team—resources that normally 

can be brought to bear only by a national firm. But even if they could have 

afforded them, the plaintiffs here could not have retained any of the larger 

firms in the Dallas market because those firms would not have taken on 

litigation of this type.

12. I am familiar with the rates of experienced litigators in the Dallas–Fort 

Worth market. I have first-hand knowledge of Dallas litigators who were 

charging $1,750 per hour at least a year ago (and whose rates are higher this 

year).

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13. I have reviewed draft invoices for this matter reflecting that Plaintiffs’ 

counsel charged between $975 to $825 an hour for lead trial attorneys, $775

an hour for more junior attorneys, and $240 per hour for paralegals.

14. In the Northern District of Texas, and specifically within the 

Dallas/Plano/Fort Worth market,1 an hourly rate of $975 is reasonable—as are

the lower proposed rates—for attorneys with the experience and skillset 

required to litigate this matter, and even attorneys with less experience charge 

hourly fees at or above this range. Lower rates are charged for state-court work

or less complex cases, but not for litigators with the experience of the Plaintiffs’ 

counsel in this matter or for the type of litigation that this matter involved.

15.Having practiced in a wide variety of cases, including those involving 

religious-freedom claims such as this one, I know and understand the market 

for experienced litigators handling the type of work being evaluated.

16. Based on my experience as a lawyer who handles complex and civil

rights litigation, it is my opinion that the requested hourly rates are reasonable 

and in line with rates charged by other comparable plaintiffs’ attorneys in this 

legal market based on their respective years of experience, and are comparable 

to, and within the range of fees charged by lawyers of comparable experience 

and skill who have been licensed for the period of time that Plaintiffs’ attorneys 

were when the work in this matter was performed.

17. I also take note of the national significance of the constitutional issues 

raised by the plaintiffs and advocated for by their attorneys in this litigation. 

1 For run-of-the-mill civil-rights cases in the San Angelo/Lubbock market, 

which this case was plainly not, $600 an hour for partners and $485 for associates is within the market and approximately what was awarded by the court 

in 2021, with an inflationary adjustment. Vestas-American Wind Tech., Inc. v. 

Salazar, 2021 WL 1399296 (N.D. Tex. Feb. 1, 2021); see also Vestas-American 

Wind Tech., Inc. v. Salazar, 2021 WL 1398972 (N.D. Tex. Mar. 12, 2021).

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I also recognize that not many attorneys are willing to take on civil-rights cases 

such as litigated in this matter. Simply put, Plaintiffs’ counsel advocated for a 

position that does not appear to be shared by the majority of Americans. 

Though I do not assign a dollar amount to these considerations, I do note their 

importance to the question and to the appropriate amount of legal fees in this 

case.

18. I am also familiar with the fee application recently approved in 

Franciscan Alliance, Inc. v. Becerra, 2023 WL 4462049 (N.D. Tex. July 11, 

2023). I believe that case is a fair comparator to this one. Although the $1,200 

hourly rate there was based on the D.C. market, hourly rates in Dallas are 

comparable with D.C. rates for work in federal court on complex class-action

issues. The rates requested here are thus well within the range of what would 

be customary in the Dallas market for similar litigation.

19. I have also undertaken to review the time and billing entries submitted 

by Plaintiffs’ counsel. My review of these entries and billing rates indicate that 

the hours worked and fees requested comport with, and are reasonable in light 

of the factors contained in Johnson v. Georgia Highway Exp., Inc., 488 F.2d 

714 (5th Cir. 1974) and Shipes v. Trinity Indus., 987 F. 2d 311, 319 (5th Cir. 

1993) insofar as they: (1) accurately reflect the time and labor reasonably 

required in the prosecution of this matter; (2) capture the novelty and difficulty 

of the questions involved; (3) account for the skill required to perform the work 

properly; (4) factor in the opportunity costs for Plaintiffs’ counsel to take this 

case and decline other work; (5) accurately reflect the fees customarily charged 

by others for similar legal services; (6) take into consideration whether the fee 

was fixed or contingent; (7) factors in relevant time limitations; (8) duly 

consider the amount involved and the results obtained; (9) reflect the 

experience, reputation, and ability of Plaintiffs’ counsel; (10) take into 

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consideration the undesirability of the case (including the fact that Plaintiffs—

as a small and insular minority with religious objections to vaccination that 

are not shared by the majority of the population—were unable to find 

attorneys willing to represent them in their area); (11) factor in the nature and 

length of the professional relationship with the client; and (12) reflect due 

consideration to awards in similar cases. Applying the Johnson factors 

warrants an upward adjustment in this case.

20. In my professional opinion, the total hours spent on this matter—

involving complex and novel legal issues, in protracted litigation with class

certification issues, with multiple named plaintiffs against multiple 

government Defendants with asymmetric resources, with often time-sensitive 

deadlines—were reasonable, necessary, and appropriate for this litigation. I 

have reviewed the billing of the attorneys on this case, and I believe the work 

itself as described is consistent with what would be reasonable and necessary

in the respective positions in which these attorneys were handling the legal 

needs of our clients.

21. I also note that Plaintiffs’ counsel eliminated a large portion of 

duplicative, unnecessary, or inappropriate charges from their respective time 

sheets, taking into account that other attorneys or firms may arguably have 

devoted fewer resources to the case and not achieved the same results.

22.Further, it is my opinion to a reasonable degree of certainty that any 

substantial reduction of an award of the attorney fees sought in this matter 

would have a substantial chilling effect on the vindication of constitutional and 

civil rights in the future in this District. Congress enacted 42 U.S.C. § 1988 to 

ensure that constitutional rights would be vindicated by competent counsel. 

Therefore, I do not believe that substantial deduction would be appropriate.

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23. I have likewise reviewed the out-of-pocket costs and find those to be 

reasonable and customary in the industry.

24. Finally, a review of the time entries reveals that the time and work were

appropriate for the tasks being performed.

Pursuant to 28 U.S.C. §1746, I declare under penalties of perjury under the 

laws of the United States of America that the foregoing Declaration is true and 

correct to the best of my knowledge and belief and that such facts are made 

based on my personal knowledge.

Dated: January 21, 2024 Jonathan F. Mitchell

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EXHIBIT 1

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mitchell résumé Page 1 of 8

Jonathan F. Mitchell 111 Congress Avenue, Suite 400 • Austin, Texas 78701

(512) 686-3940 • jonathan@mitchell.law

http://ssrn.com/author=791842

education

J.D., The University of Chicago Law School, with high honors, 2001

• Articles Editor, The University of Chicago Law Review

• Order of the Coif

• Joseph Henry Beale Prize for Legal Research and Writing

B.A., Wheaton College (IL), summa cum laude, 1998

clerkships

Justice Antonin Scalia, Supreme Court of the United States 2002–2003

Judge J. Michael Luttig, U.S. Court of Appeals for the Fourth Circuit 2001–2002

experience

Mitchell Law PLLC 2018–present

 Principal

Stanford Law School 2015–2017 

 Visiting Professor of Law

Hoover Institution 2015–2016

Visiting Fellow

University of Texas at Austin School of Law

 Searle Visiting Professor of Law 2015

 Adjunct Professor 2010–2014

Solicitor General of Texas 2010–2015

George Mason University School of Law 2008–2010

 Assistant Professor of Law 

University of Chicago Law School 2006–2008

 Visiting Assistant Professor

Georgetown University Law Center 2006

 Visiting Researcher

Office of Legal Counsel, U.S. Department of Justice 2003–2006 

 Attorney-Adviser

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publications

The Writ-of-Erasure Fallacy, 

104 Va. L. Rev. 933 (2018)

Textualism and the Fourteenth Amendment, 

69 Stan. L. Rev. 1237 (2017)

Remembering the Boss, 

84 U. Chi. L. Rev. 2291 (2017)

Judicial Review and the Future of Federalism, 

49 Ariz. St. L.J. 1091 (2017)

Commentary, Capital Punishment and the Courts,

120 Harv. L. Rev. Forum 269 (2017)

Stare Decisis and Constitutional Text, 

110 Mich. L. Rev. 1 (2011)

Reconsidering Murdock: State-Law Reversals as Constitutional Avoidance, 

77 U. Chi. L. Rev. 1335 (2010)

Legislating Clear-Statement Regimes in National-Security Law, 

43 Ga. L. Rev. 1059 (2009)

Apprendi’s Domain, 

2006 Sup. Ct. Rev. 297

Why Was Roe v. Wade Wrong?, 

book chapter in Geoffrey R. Stone and Lee Bollinger, eds., Roe v. Dobbs: The 

Past, Present, and Future of a Constitutional Right to Abortion (Oxford 2023)

supreme court oral arguments

Garland v. Cargill, No. 21-588 (to be argued in March 2024) 

• Will argue on behalf of bump-stock owner challenging BATF’s bump-stock ban

United States v. Texas, No. 21-588 (argued November 1, 2021) 

• Argued on behalf of intervenor-defendants in Biden Administration’s lawsuit over

Texas’s SB 8; Supreme Court dismissed the writ of certiorari as improvidently granted

Campbell–Ewald Co. v. Gomez, No. 14-857 (argued October 14, 2015) 

• Argued on behalf of class-action plaintiff who opposed defendant’s attempt to moot

the case by offering money solely to the class representative; Supreme Court ruled 6-3

in our favor and held that the defendant’s tactics did not moot the class action

Utility Air Regulatory Group v. EPA, No. 12-1146 (argued February 24, 2014) 

• Argued on behalf of States challenging the Obama Administration’s greenhouse-gas

regulations; Supreme Court ruled partly in our favor in a 5-4 vote

EPA v. EME Homer City Generation, No. 12-1182 (argued December 10, 2013) 

• Argued on behalf of States challenging Obama Administration’s cross-state airpollution rule; Supreme Court ruled against us in a 6-2 vote

Gonzalez v. Thaler, No. 10-895 (argued November 2, 2011) 

• Argued on behalf of Texas in a habeas case involving AEDPA’s statute of limitations;

Supreme Court ruled in our favor 8-1; Justice Scalia dissented on jurisdictional grounds

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supreme court merits briefs authored

United States v. Texas, No. 21-588

• Represented intervenor-defendants in Biden Administration’s lawsuit over the Texas

Heartbeat Act; Supreme Court dismissed the writ of certiorari as improvidently granted

Whole Woman’s Health v. Jackson, 142 S. Ct. 522 (2021)

• Represented Mark Lee Dickson, a pastor sued by Texas abortion providers; Supreme

Court unanimously dismissed all claims against Mr. Dickson for lack of standing

Campbell–Ewald Co. v. Gomez, 577 U.S. 153 (2016)

• Represented class-action plaintiff who opposed the defendant’s attempt to moot the

case by offering monetary relief solely to the class representative; Supreme Court ruled

6-3 in our favor and held that the defendant’s tactics did not moot the class action

Walker v. Texas Division, Sons of Confederate Generals, 576 U.S. 200 (2015)

• Defended the constitutionality of Texas’s refusal to issue specialty license plates

featuring the confederate battle flag; Supreme Court sided with us in a 5-4 vote

Texas Dep’t of Housing and Community Affairs v. ICP, 576 U.S. 519 (2015) 

• Represented Texas housing agency arguing that the Fair Housing Act makes no

allowance for disparate-impact liability; Supreme Court disagreed in a 5-4 vote

Utility Air Regulatory Group v. EPA, 573 U.S. 302 (2014)

• Represented States challenging the Obama Administration’s greenhouse-gas

regulations; Supreme Court ruled partly in our favor in a 5-4 vote

EPA v. EME Homer City Generation, 572 U.S. 489 (2014)

• Represented States challenging Obama Administration’s cross-state air-pollution rule;

Supreme Court ruled against us in a 6-2 vote

Gonzalez v. Thaler, 565 U.S. 134 (2012)

• Represented Texas in a habeas case involving AEDPA’s statute of limitations;

Supreme Court ruled in our favor 8-1; Justice Scalia dissented on jurisdictional grounds

representative supreme court amicus briefs

Vitagliano v. County of Westchester, No. 23-74 (petition-stage)

• Authored petition-stage amicus on behalf of Texas Right to Life and America First

Legal urging the Supreme Court to overrule Hill v. Colorado, 530 U.S. 703 (2000)

Students for Fair Admission, 600 U.S. 181 (2023)

• Authored amicus arguing that Title VI and the Equal Protection Clause should not be

interpreted as co-extensive, and urging Court to find racial preferences in college

admissions unlawful solely under Title VI without reaching the equal-protection issue

Moore v. Harper, 600 U.S. 1 (2023)

• Authored amicus arguing that 2 U.S.C. § 2a(c) constrains remedial discretion of state

courts when they impose congressional maps in response to constitutional violations

Kennedy v. Bremerton, 142 S. Ct. 2407 (2022)

• Authored amicus urging the Supreme Court to dis-incorporate the Establishment

Clause and overrule Lemon v. Kurtzman, 403 U.S. 602 (1971)

Dobbs v. Jackson Women’s Health Center, 597 U.S. 215 (2022)

• Authored amicus on behalf of Texas Right to Life and America First Legal urging the

Supreme Court to overrule Roe v. Wade, 410 U.S. 113 (1973)

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New York State Rifle & Pistol Ass’n Inc. v. Bruen, 597 U.S. 1 (2022)

• Authored amicus on behalf of National Shooting Sports Foundation urging the 

Supreme Court to disapprove New York’s “proper cause” licensing regime 

June Medical Services LLC v. Russo, 140 S. Ct. 2103 (2020)

• Authored amicus on behalf of Family Research Council urging the Supreme Court to 

reject third-party standing for abortion providers and overrule Whole Woman’s Health 

v. Hellerstedt, 579 U.S. 582 (2016) 

Seila Law LLC v. Consumer Financial Protection Bureau, 140 S. Ct. 2183 (2020)

• Authored amicus on behalf of New Civil Liberties Alliance urging the Supreme Court 

to overrule Humphrey’s Executor v. United States, 295 U.S. 602 (1935)

Worman v. Healy, No. 19-404 (petition-stage)

• Authored petition-stage amicus on behalf of National Shooting Sports Foundation 

urging the Supreme Court to resolve the standard of review that should apply to laws 

that prohibit semiautomatic firearms or standard-capacity magazines

Remington v. Soto, No. 19-168 (petition-stage)

• Authored petition-stage amicus on behalf of National Shooting Sports Foundation 

urging the Supreme Court to review the Connecticut Supreme Court’s interpretation of 

the “predicate exception” in the Protection of Lawful Commerce in Arms Act

Whole Woman’s Health v. Hellerstedt, 579 U.S. 582 (2016)

• Authored amicus on behalf of University Faculty for Life and Texas Alliance for Life 

urging the Supreme Court to reject abortion providers’ challenge to Texas’s HB2 on 

the grounds of insufficient evidence and res judicata

Armstrong v. Exceptional Child Center, 575 U.S. 320 (2015)

• Authored amicus on behalf of Texas and other states arguing that the Medicaid Act is 

incapable of “preempting” state law and that the Supremacy Clause does not create a 

private right of action for individuals to sue state officials who violate state law 

Zivotofsky v. Kerry, 576 U.S. 1 (2015) 

• Authored amicus on behalf of Texas defending the constitutionality of statute allowing 

Jerusalem-born U.S. citizens to have “Israel” listed as their place of birth on passports 

Shelby County v. Holder, 570 U.S. 529 (2013) 

• Authored amicus on behalf of Texas describing how the Obama Administration’s 

Department of Justice abused the preclearance regime in the Voting Rights Act 

Alleyne v. United States, 570 U.S. 99 (2013) 

• Authored amicus on behalf of Texas and other states urging the Court not to extend 

the holding of Apprendi v. New Jersey, 530 U.S. 466 (2000), and criticizing Apprendi’s 

historical analysis 

Wos v. E.M.A., 568 U.S. 627 (2013) 

• Authored amicus on behalf of Texas and other states arguing that the Medicaid Act is 

incapable of “preempting” state law, because a state does not violate federal law 

merely by acting in a manner that might cause federal money to be withheld

Messerschmidt v. Millender, 565 U.S. 535 (2012) 

• Authored amicus on behalf of Texas and other states arguing that a qualified-immunity 

defense should be coextensive with the good-faith exception to the exclusionary rule, 

and that the Ninth Circuit erred by automatically equating a violation of the warrant 

clause with a violation of an individual’s fourth amendment rights

Greene v. Fisher, 565 U.S. 34 (2011) 

• Authored amicus on behalf of Texas and other states arguing that the Teague

exceptions were not incorporated into 28 U.S.C. § 2254(d) 

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representative litigation in the u.s. courts of appeals

Barber v. Bryant, 860 F.3d 345 (5th Cir. 2017) (argued) 

• Successfully defended the constitutionality of Mississippi’s religious-freedom law (HB 

1523); Fifth Circuit dismissed plaintiffs’ claims for lack of standing 

Braidwood Management Inc. v. Becerra, No. 23-10326 (5th Cir.) (to be argued) 

• Representing citizens and business owners in an Appointments Clause challenge to the 

Affordable Care Act’s preventive-care coverage mandates; case pending in Fifth Circuit 

Braidwood Management Inc. v. EEOC, 70 F.4th 914 (5th Cir. 2023) (argued) 

• Successfully sued EEOC under the Religious Freedom Restoration Act for failing to 

exempt employers who object to homosexual and transgender behavior from Bostock

Davis v. Abbott, No. 781 F.3d 207 (5th Cir. 2015) (argued) 

• Successfully appealed an award of attorneys’ fees that had been awarded to plaintiffs in 

a redistricting lawsuit brought against Texas officials 

Deanda v. Becerra, No. 23-10159 (5th Cir.) (argued) 

• Representing plaintiffs suing Secretary Becerra for claiming that Title X “preempts” 

Texas’s parental-consent laws; case argued in the Fifth Circuit and awaiting decision 

Fraternal Order of Police v. Springfield, No. 23-3165 (3rd Cir.) (to be argued) 

• Representing police officers in First Amendment lawsuit against township that 

prohibited display of the “Thin Blue Line American Flag” on township property 

Friends of George’s Inc. v. Mulroy, No. 23-5611 (6th Cir.) (amicus) 

• Authored amicus criticizing district-court ruling that facially enjoined enforcement of 

Tennessee’s anti-drag-show law on “overbreadth” grounds 

Hecox v. Little, No. 20-35813 (9th Cir.) (amicus) 

• Authored amicus supporting Idaho’s petition for re-hearing en banc over its women’s 

sports law; argued that the district court never entered an injunction and that the 

private civil-enforcement provisions of the law remain in effect 

HM Florida-Orl, LLC v. Griffin, No. 23-12160 (11th Cir.) (amicus) 

• Authored amicus criticizing district-court ruling that facially enjoined enforcement of 

Florida’s anti-drag-show law on “overbreadth” grounds 

L.W. v. Skrmetti, 83 F.4th 460 (6th Cir.) (amicus) 

• Authored amicus attacking plaintiffs’ standing to challenge Tennessee law protecting 

children from gender-transitioning treatments, as well as the universal remedy issued 

by the district court; Sixth Circuit agreed and vacated preliminary injunction 

Little v. Llano County, No. 23-50224 (5th Cir.) (argued) 

• Representing Llano County in lawsuit brought by library patrons who accused the 

county librarian of weeding library books containing nudity or LGBTQ content; 

awaiting ruling from Fifth Circuit 

Lowery v. Texas A&M University, No. 23-20481 (5th Cir.) (to be argued) 

• Representing a professor suing Texas A&M University for discriminating against 

whites and Asians in its faculty hiring 

Neese v. Becerra, No. 23-10078 (5th Cir.) (to be argued) 

• Representing doctors and medical professionals challenging Biden Administration’s 

interpretation of section 1557 of the Affordable Care Act; case pending in Fifth Circuit 

Planned Parenthood v. Abbott, 734 F.3d 406 (5th Cir. 2013) (emergency stay) 

• Successfully obtained a stay of district-court injunction against Texas law requiring 

abortionists to hold hospital-admitting privileges, allowing law to take immediate effect 

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Planned Parenthood v. Abbott, 748 F.3d 583 (5th Cir. 2014) (argued) 

• Successfully defended the constitutionality of Texas laws requiring abortion providers 

to hold hospital-admitting privileges and restricting the use of abortion-inducing drugs 

Sons of Confederate Veterans v. Vandergriff, 759 F.3d 388 (5th Cir. 2014) (argued) 

• Unsuccessfully argued in Fifth Circuit that Texas could refuse to issue specialty license 

plates featuring the confederate battle flag; Supreme Court later reversed in a 5-4 vote

Texas Medical Providers v. Lakey, 667 F.3d 570 (5th Cir. 2012) (argued) 

• Successfully defended the constitutionality of Texas’s ultrasound law 

The Aransas Project v. Shaw, 775 F.3d 641 (5th Cir. 2014) (argued) 

• Successfully defended Texas state officials in lawsuit that accused them of violating the 

Endangered Species Act 

Umphress v. Hall, No. 20-11216 (5th Cir.) (argued) 

• Representing county judge who brought First Amendment claim against members of 

the state commission on judicial conduct for threatening judges who refuse to perform 

same-sex marriage ceremonies; awaiting ruling from Fifth Circuit 

Voting for America v. Steen, 732 F.3d 382 (5th Cir. 2013) (argued) 

• Successfully defended the constitutionality of Texas’s voter-registration laws 

other representative litigation (ongoing)

Bolduc v. Amazon.com Inc., No. 4:22-cv-00615-ALM (E.D. Tex.) 

• Representing plaintiff suing Amazon for discriminating against whites and Asians in its 

“delivery service partners” program; case is pending in the district court 

Fund Texas Choice v. Garza, No. 1:22-cv-00859-RP (W.D. Tex.) 

• Representing four pro-life residents of Texas who were sued by Texas abortion funds 

in an attempt to challenge SB 8; case is pending in the district court 

Hensley v. State Commission on Judicial Conduct, No. 23-CV-0375 (SCOTEX) 

• Representing a justice of the peace who sued the state commission on judicial conduct 

after it disciplined her for recusing herself from same-sex marriage ceremonies on 

account of her Christian faith; awaiting ruling from Supreme Court of Texas 

Jackson v. Wright, No. 23-CV-0375 (Galveston County, Texas) 

• Representing a UNT music professor who was disciplined after he published a journal 

article criticizing a black musicologist; the Fifth Circuit rejected UNT’s sovereignimmunity defense and case is pending in the district court 

Roberts v. Progressive Preferred Insurance, No. 1:23-cv-01597-PAG (E.D. Ohio) 

• Representing plaintiff suing Progressive Insurance for discriminating against non-blackowned small businesses when awarding grants; case is pending in the district court 

San Antonio Family Ass’n v. San Antonio, No. 2023CI22459 (Bexar County, Texas)

• Representing taxpayers suing San Antonio over its creation of a “Reproductive Justice 

Fund,” which will award taxpayer money to organizations that pay the travel costs and 

related expenses of women seeking out-of-state abortions; case is pending in trial court 

Sefelino v. Community Coll. of Morris Cty., No. 2:23-cv-01595-MEF-LDW (D.N.J.) 

• Representing college student who was suspended and removed from campus for 

speaking and preaching against homosexuality; case is pending in the district court 

Silva v. Noyola, No. 23-CV-0375 (Galveston County, Texas) 

• Representing father of an aborted fetus in wrongful-death lawsuit brought against 

three women who illegally provided abortion pills to his then-wife; case is pending in 

the district court 

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mitchell résumé Page 7 of 8

Stewart v. Texas Tech University, No. 5:23-cv-00007-H (N.D. Tex.) 

• Representing white medical-school applicant suing each of Texas’s state medical 

schools for discriminating against whites and Asians in student admissions; case is 

pending in the district court 

Texas Right to Life v. Van Stean, No. 23-0468 (Supreme Court of Texas) 

• Representing Texas Right to Life in lawsuits brought by abortion providers and 

abortion funds over its website that invited members of the public to report violations 

of the Texas Heartbeat Act; case is pending in the Supreme Court of Texas 

Zimmerman v. City of Austin, No. D-1-GN-19-005930 (Travis County) 

• Representing taxpayer suing Austin over its decision to give taxpayer money to 

abortion funds; case is pending in the district court 

other representative litigation (completed)

Davis v. Sharp, 656 F. Supp. 3d 687 (W.D. Tex. 2023) 

• Successfully defended four pro-life residents of Texas who were sued by Wendy Davis 

in an attempt to have the Texas Heartbeat Act declared unconstitutional; district court 

dismissed for lack of standing 

DeOtte v. Azar, No. 4:18-cv-00825-O (N.D. Tex.) 

• Successfully sued HHS under the Religious Freedom Restoration Act over insufficient 

religious exemptions to the Contraceptive Mandate; Fifth Circuit vacated injunction as 

moot after the Trump Administration’s rules took effect in 2020 

Garcia v. Carroll Indep. Sch. Dist., No. 153-319405-20 (Tarrant County, Texas) 

• Successfully sued Carroll ISD over its attempt to implement a “cultural competence 

action plan” in violation of the Texas Open Meeting Act; the school district settled the 

case, withdrew the plan, and paid our attorneys’ fees 

Great Northern Resources v. Coba, No. 3:20-cv-01866-IM (D. Oregon) 

• Successfully sued Oregon officials over their racially discriminatory distribution of 

pandemic aid; the state settled on a class-wide basis and paid our attorneys’ fees 

Lilith Fund v. Dickson, 662 S.W.3d 355 (Tex. 2023) 

• Successfully defended pastor Mark Lee Dickson in three defamation lawsuits brought 

by Texas abortion funds; the Supreme Court of Texas granted our anti-SLAPP motion, 

requiring the abortion funds to pay Mr. Dickson’s costs and attorneys’ fees 

Planned Parenthood v. Lubbock, No. 542 F. Supp. 465 (N.D. Tex. 2021) 

• Served as court-appointed amicus in lawsuit brought by Planned Parenthood over a 

Lubbock abortion ban that was enforceable solely by private citizen suits; district court 

dismissed case for lack of standing because the city did not enforce the ban 

bar admissions

District of Columbia, Pennsylvania, Texas, Washington

Supreme Court of the United States

U.S. Courts of Appeals for the Second, Third, Fourth, Fifth, Sixth, Seventh, Eighth, 

Ninth, Tenth, Eleventh, and District of Columbia Circuits 

U.S. District Court for the District of Columbia

U.S. District Courts for the Northern and Central Districts of Illinois

U.S. District Courts for the Eastern, Middle, and Western Districts of Pennsylvania

U.S. District Courts for Northern, Southern, Eastern, and Western Districts of Texas

U.S. District Court for the Western District of Washington

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mitchell résumé Page 8 of 8

references

Hon. James D. Blacklock

Associate Justice

Supreme Court of Texas

201 West 14th Street #104

Austin, TX 78711 

(512) 463-1344

jimmy.blacklock@gov.texas.gov

Jack L. Goldsmith

Henry L. Shattuck Professor of Law

Harvard Law School

1563 Massachusetts Avenue

Cambridge, MA 02138

(617) 495-3136

jgoldsmith@law.harvard.edu

J. Michael Luttig

Counselor and 

Special Advisor

The Coca-Cola Company

1 Coca Cola Plaza NW

Atlanta, GA 30313

(847) 770-5618

jluttig@coca-cola.com

Adam K. Mortara

Manager

Lawfair LLC

40 Burton Hills Boulevard, Suite 200

Nashville, TN 37215

(773) 750-7154

mortara@lawfairllc.com

Nicholas Quinn Rosenkranz

Professor of Law

Georgetown University Law Center

600 New Jersey Avenue NW

Washington, DC 20001

(202) 662-9322

nqr@law.georgetown.edu

Richard A. Epstein

Laurence A. Tisch Professor of Law

New York University School of Law

40 Washington Square South, 409A

New York, NY 10012

(212) 992-8858 

richard.epstein@nyu.edu

Ashley C. Keller

Partner

Keller Postman LLC

150 N. Riverside Plaza, Suite 4270

Chicago, IL 60606

(312) 741-5222

ack@kellerlenkner.com

Michael W. McConnell 

Richard and Frances Mallery 

Professor of Law

Stanford Law School

559 Nathan Abbott Way

Stanford, CA 94305-8610

(650) 736-1326

mcconnell@law.stanford.edu

Hon. Andrew S. Oldham

Judge, U.S. Court of Appeals 

for the Fifth Circuit

903 San Jacinto Boulevard, Room 440

Austin, Texas 78701 

(512) 676-2690

andrew_oldham@ca5.uscourts.gov

David A. Strauss 

Gerald A. Ratner Distinguished Service 

Professor of Law

University of Chicago Law School

1111 E. 60th Street

Chicago, IL 60637

(773) 702-9601

d-strauss@uchicago.edu

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EXHIBIT B

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UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF TEXAS

SAN ANGELO DIVISION

ROBERT SCHELSKE, et al.,

Plaintiffs,

v.

LLOYD J. AUSTIN, III,

United States Secretary of Defense, et al.,

Defendants.

No. 6:22-cv-0049-H

 

DECLARATION OF ATTORNEY AARON SIRI IN SUPPORT OF PLAINTIFFS’ 

OPPOSED MOTION FOR ATTORNEYS’ FEES AND COSTS

I, Aaron Siri, declare as follows:

1. I am an adult over 18 years of age and am an attorney duly licensed to practice law 

before all courts of the States of New York and Arizona. I am managing partner of the law firm of 

Siri & Glimstad LLP (“the Firm”) and counsel for Plaintiffs in the above-referenced action. I 

make this declaration in support of Plaintiffs’ Opposed Motion for Attorneys’ Fees and Costs in

the above-referenced action. The following facts are within my personal and professional 

knowledge and, if called as a witness herein, I can and will competently testify thereto.

2. I submit this declaration in support of Plaintiffs’ Opposed Motion for Attorneys’ 

Fees and Costs pursuant to 42 U.S.C. § 1983, 42 U.S.C. § 1988, and Rule 54.1 of the Local 

Uniform Civil Rules of the Northern District of Texas.

3. In my capacity as the managing partner of the Firm and counsel in this case, I 

supervised the legal team at the Firm representing Plaintiffs, which included a team of partners,

associates, and paralegals, and was also responsible for reviewing filings and other work product 

related to this case.

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4. Given my role, I will address my own credentials as well as those of Elizabeth

Brehm, Partner; Wendy Cox, Associate Attorney; Dana Smith, Associate Attorney; and Gina

Mannella, Paralegal. Although my firm had ten staff members who worked on and billed to this 

matter, we are only seeking reimbursement for these four individuals and for me.

5. I have firsthand knowledge of the Firm’s billing policies and hourly rates.

6. A detailed itemized list of time entries and costs is attached hereto as Exhibit 1,

“Itemization of Expenses and Time Expended by Siri & Glimstad LLP.”

7. Based on my professional experience, it is my opinion that the hours and rates 

requested in the fee application are appropriate and were necessary to obtain the results achieved.

The Firm

8. The Firm has extensive experience in vaccine policy and litigation with 

approximately 40 professionals who regularly handle vaccine-related matters, including, for 

example: regularly representing individuals injured by vaccines in the Vaccine Injury 

Compensation Program within the United States Federal Court of Claims; representing individuals 

who seek a vaccine exemption as an employee, a student, an immigrant, or military 

servicemember; obtaining injunctive relief preventing discrimination against those with religious

beliefs against receiving a vaccine, including a class wide injunction against the Air Force’s 

discrimination against its members who had beliefs contrary to obtaining a Covid-19 vaccine; 

representing parents who oppose government attempts to take away their right to make medical 

decision on behalf of their children, including obtaining an injunction against a D.C. law that 

permitted healthcare workers to vaccinate children 11 years of age and older without parental 

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consent; and regularly bringing claims against federal health agencies to obtain transparency, 

including obtaining an order requiring FDA to release the documentation it relied upon to license 

Pfizer’s and Moderna’s Covid-19 vaccines and obtaining an order requiring CDC to release its 

Covid-19 vaccine V-safe data.

9. The firm has offices throughout the country and practices in those jurisdictions

including New York, Los Angeles, Miami, Phoenix, Detroit, Austin, and Washington, D.C.

10. Given that this matter deals with vaccines, and because it is not typically seen as a 

lucrative practice area, at the time of filing the Complaint, there were a limited number of qualified

law firms willing to represent clients seeking to challenge the United States military concerning 

its treatment of religious exemptions to the Covid-19 vaccine mandate.

11. The Firm did not charge hourly fees to the clients in this matter and the fee

arrangement with the clients assigns any attorneys’ fee award to the attorneys. The Firm’s hourly 

rates are reasonable under both the New York Rules of Professional Conduct 1.5(a) and Texas 

Disciplinary Rules of Professional Conduct 1.4, in that they are not excessive and accurately reflect 

the time, labor, skill and expertise required to competently represent Plaintiffs in this action. The 

fees requested are competitive and not outside the bounds of legal fees in the Fifth Circuit 

geographical area considering the experience level of the attorneys, the specialty nature of this 

litigation, the complexity of the issues at hand, and the fact that the Firm allocated legal time for 

this expedited matter to the exclusion of other matters.

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Billers’ Qualifications

A. Aaron Siri

12. I have been the managing partner of the Firm, or its predecessor entity, since 2011.

I graduated from University of California, Berkeley School of Law in 2005. From 2004 to 2005, I

clerked for the Chief Justice of the Supreme Court of Israel, was an attorney at Latham & Watkins 

LLP from 2005 to 2010, and I was admitted to the New York Bar in 2005 and to the Arizona Bar 

in 2020. I have practiced and argued in multiple state and federal courts in civil rights matters, 

class actions, and commercial disputes both at the trial and appellate level. For the past seven-plus 

years, my practice has heavily focused on vaccine policy work, including cases concerning civil

rights. 

13. Representative vaccine related matters include: Doster v. Kendall, No. 22-3702

(S.D. Ohio) (obtained class wide injunction prohibiting the Air Force from discriminating against 

service members that have a religious conviction that prohibits receiving a Covid-19 vaccine); 

Public Health and Medical Professionals for Transparency v. Food and Drug Administration, No.

21-1058 (N.D.Tx.) and Public Health & Med. Pros. for Transparency v. FDA, No. 4:22-cv-00915 

(N.D. Tex. May 9, 2023) (successfully obtaining an order compelling the FDA to timely produce 

all data within Pfizer’s COVID-19 vaccine’s biologic product file); Informed Consent Action 

Network v. Centers for Disease Control and Prevention, No. 1:22- cv-00481 (W.D.Tx.)

(successfully obtained check-the-box data from the CDC’s v-safe program created to characterize 

the safety profile of Covid-19 vaccines); Freedom Coalition of Doctors for Choice v. CDC, No. 

2:23-cv-00102-Z (N.D. Tex. Jan. 5, 2024) (successfully obtained order granting the free-text data 

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from the CDC’s v-safe program for Covid-19 vaccines); S.V. v. San Diego Unified School District, 

No. 37-2021-00043172 (Superior Court of California, Count of San Diego) (obtained permanent

injunction against the San Diego Unified School District’s rule requiring the Covid-19 vaccine to 

attend school); In re DTP Vaccine, International Criminal Court (petitioning the International

Criminal Court with regard to deaths resulting from use of the DTP vaccine in developing 

countries); In Re: Occupational Safety and Health Administration, Interim Final Rule, No. 21A259

(U.S. Supreme Court) (representing Betten Chevrolet in challenging OSHA’s Covid-19 vaccine 

or test rule for companies with over 100 employees); Bosarge v. Edney No. 1:22-cv233 (S.D. Miss. 

Aug. 29, 2023) (overturned more than forty years of precedent by obtaining a statewide permanent 

injunction restoring religious exemptions to childhood vaccinations in public schools); Barry v.

Secretary of Health and Human Services, No. 12-vv-00039 (Court of Federal Claims) (represented

medical professional against the Secretary of HHS in claim that influenza vaccine caused her 

dysautonomia which resulted in a confidential settlement); Massoyan-Artinian v. Bharel, No.

2084CV02924 (Commonwealth of Massachusetts, Superior Court) (challenged state health

departments flu shot mandate for school and universities which was withdrawn on date opposition 

due to motion for preliminary injunction); Mazer v. The District of Columbia Department of 

Health, No. 21-cv-01782 (D.D.C.) (successfully challenging a D.C. law that permits minors 11

years and older to obtain a vaccine without parental consent).

14. Representative complex litigation matters not involving vaccines include: Massie

et.al v. Centers for Disease Control and Prevention 1:22-cv-31(W.D. Ken. 2022) (represented 17 

members of United States Congress against a travel mask-mandate imposed by the CDC); Golden 

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Gate Yacht Club v. Societe Nautique De Geneve, 856 N.Y.S.2d 24 (N.Y. Sup. Ct. 2007) order

reinstated 12 N.Y.3d 248 (2009) (successfully disqualifying a Spanish yacht club and qualifying 

an American yacht club as the challenger for the America’s Cup and numerous successful 

subsequent contempt motions); Amboy Bus Co. v. Klein, Index No. 105004/2010 (N.Y. Sup. Ct.) 

(Article 78 petition relating to allocation of approximately one billion dollars among the N.Y.C. 

school busing contractors resulting in a favorable expedited settlement); Representing leaseholder 

of the retail portions of the World Trade Center in an arbitration related to insurance coverage 

arising out of its destruction; Compurun, Inc. v. Famitech Inc., No. 708713/2014 (Queens Sup. 

Ct.) (obtained dismissal of action claiming purported ownership of large parcels in Queens, 

recently sold for roughly $50 million, upon which a $1.5 billion redevelopment project had 

commenced); In re Sledziejowski, Adv. Pro. Nos. 13-08321; 13-08323; et al. (Bankr. S.D.N.Y.)

(representing victims in six separate adversarial proceedings seeking non-dischargeability of 

millions of dollars in debt); Garthon Business Inc. v. Stein, No. 653715/2014 (N.Y. Sup. Ct.) 

(successful trial court and appellate practice resulting in dismissal of an action seeking $16 million 

based on claims related to the construction of a steel plant in the Republic of Kazakhstan); Ultra 

Trading International Ltd., No. 651672/2014 (N.Y. Sup. Ct.) and 655777/2016 (N.Y. Sup. Ct.)

(obtained temporary restraining orders prohibiting the further movement of approximately 35,000 

pounds of cashews which quickly resulted in favorable settlements); Buchanan v. Sirius XM Radio, 

Inc., Case No. 3:17-cv-00728 (N.D. Tex.) (appointed co-class counsel in a case alleging TCPA

violations which resulted in a settlement of $25,000,000); Thomas v. Dun & Bradstreet 

Credibility Corp., Case No. 15-cv-3194 (S.D. Cal.) (appointed co-class counsel in a case alleging

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7

TCPA violations which resulted in a settlement of $10,500,000); Gatto v. Sentry Services, Inc., 

et al., Case No. 13 CIV 05721 (S.D.N.Y.) (appointed co-class counsel in a case involving ERISA 

claims relating to an ESOP which resulted in a settlement of $11,138,938).

15. An appropriate rate for my services is $975.00 per hour.

B. Elizabeth Brehm

16. Attorney Elizabeth Brehm graduated from: Boston University in 2001, receiving a 

Bachelor of Arts in Childhood Elementary; Long Island University in 2004, receiving a Master of

Science in Computers in Education; and Hofstra University School of Law, graduating magna cum 

laude, in 2008. She was admitted to the New York State Bar in 2009 and has practiced before

numerous courts in New York and multiple other states, both at the trial and appellate level. She 

has more than 13 years of litigation experience. Ms. Brehm joined the Firm as an associate in 2020 

and became a partner at the start of 2022. Prior to that, she focused on antitrust and securities class 

action litigation. For close to four years, she has worked almost exclusively on vaccine-related

policy and litigation work. See, e.g., Public Health & Med. Pros. for Transparency v. FDA, No. 

4:22-cv-00915 (N.D. Tex. May 9, 2023); Betten Chevrolet, Inc. v. Department of Labor, OSHA, 

142 S. Ct. 892 (2022); Let Them Choose v San Diego Unified Sch. Dist., 85 Cal.App.5th 693 (Cal. 

Ct. App. 2022); Booth v. Bowser, 597 F. Supp. 3d 1 (D.D.C. 2022); Public Health & Med. Pros. 

for Transparency v. FDA, No. 4:21-cv-01058 (N.D. Tex. Jan. 6, 2022); Massoyan-Artinian v

Bharel, Mass. Super. Ct., No. 2084-CV-02924 (Suffolk County Dec. 18, 2020); Freedom

Coalition of Doctors for Choice v. CDC, No. 2:23-cv-00102-Z (N.D. Tex. Jan. 5, 2024). An 

appropriate rate for Elizabeth Brehm is at least $975 per hour.

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C. Wendy Cox

 17.. Attorney Wendy Cox received her Bachelor of Science in Nursing at Norwich 

University in 1997. She received her law degree from the University of New York at Buffalo in 

2005. She has more than 16 years of experience as a practicing attorney for the United States 

Army, including: serving as an Operational Law Attorney in Baghdad, Iraq in 2006; a Senior 

Criminal Litigator in Fort Hood, Texas from 2006-2008; a Supervising Attorney at Brooke Army 

Medical Center in San Antonio, Texas from 2009-20012; a Chief Attorney of Federal Litigation 

for the 4th Infantry Division from 2012-2013; a Supervising Attorney for the 4th Infantry Division 

from 2013-2014; an associate professor at West Point from 2014-2016; a Supervising Attorney for 

the United States Army Medical Command from 2016-2018; and an attorney in the Office of 

Soldiers’ Counsel from 2019-2021. After retiring from the military, Ms. Cox joined Siri & 

Glimstad, where she assisted in the firm’s vaccine policy and exemption cases, specifically those 

pertaining to military servicemembers. Ms. Cox’s extensive military legal experience has 

undoubtedly added tremendous value to her representation of Plaintiffs in this action. Her

knowledge of military law and processes proved highly beneficial and allowed her to serve as the 

best client liaison for the matter. An appropriate rate for Wendy Cox is $875 per hour.

D. Dana Smith

18. Attorney Dana Smith received her Bachelor of Arts in Romance Languages from 

the University of North Carolina at Chapel Hill in 2008. She graduated cum laude from the North 

Carolina Central University School of Law and was admitted to practice in the State of North 

Carolina in 2016. From 2016 to 2021, she practiced criminal defense law, child welfare law, family 

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law, and personal injury law at a general practice firm. These matters involved representing clients 

in various criminal and civil proceedings, such as misdemeanor defense, juvenile delinquency, 

probation violation, child support contempt, child support establishment, emergency custody, 

temporary and permanent custody, equitable distribution, post-separation support, alimony, social 

services child removal proceedings, termination of parental rights proceedings, and general civil 

litigation pertaining to personal injury, negligence, and breach of contract claims. From 2021-

2022, Ms. Smith worked as an appeals referee for the North Carolina Division of Employment 

Security, where she conducted unemployment appeals hearings in a judicial capacity and issued 

written opinions. During her time with the State of North Carolina she presided over more than 

1,500 appeal hearings and, as such, is experienced with the constitutional aspects of employment 

law. Ms. Smith joined Siri & Glimstad in 2022 and exclusively assists with the firm’s vaccine 

policy cases. An appropriate rate for Dana Smith is $775.00 per hour.

E. Gina Mannella

19. Gina Mannella is a paralegal at the Firm with over 29 years of experience. After 

graduating with a diploma in legal assistant studies from Fox College in Illinois, Ms. Mannella 

focused on workers’ compensation, family law, medical malpractice and office management. Prior 

to joining the Firm, Ms. Mannella was employed for 9 years with McCallister Law Group, LLC,

where she assisted in class action, medical malpractice, and personal injury lawsuits as well 

serving as the firm’s office manager. Ms. Mannella assists in the firm’s religious exemption, 

employment law, and class action matters. An appropriate rate for Gina Mannella is $240.00 per 

hour.

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Hours Billed

20. In pursuit of this matter from inception through obtaining the final consent order,

the Firm’s legal team billed 1,026.8 hours on this case, excluding time spent on the instant motion. 

21. Following is a summary of each Firm biller and his or her total time billed in this

case. The requested hourly rates represent the Firm’s current billing rates and customary fees 

charged for similar litigation:

Professional Role Hours

Aaron Siri Managing Partner 61

Elizabeth Brehm Partner 34.9

Wendy Cox Associate 512.5

Dana Smith Associate 180.9

Gina Mannella Paralegal 189.8

Nickey Tenney Paralegal 42.1

Ursula Smith Attorney 1.6

Walker Moller Attorney .5

Christopher Czaplak Attorney 3.4

Kimberly Hertz Paralegal .1

22. In a showing of good faith, and to avoid any dispute with their billing records,

Plaintiffs’ counsel at Siri & Glimstad performed an extensive review for billing entries that may 

appear unnecessary, duplicative, or otherwise potentially objectional, and reduced the time on 

same to zero, even though the entries may have been appropriate. Furthermore, to further reduce 

grounds for any dispute, Plaintiffs’ counsel have only requested attorneys’ fees for five of the ten

legal professionals in the Firm who have worked on this case. The Firm has not billed for 114.5

hours of its time. See Exhibit 1, “Itemization of Expenses and Time Expended by Siri & Glimstad 

LLP.” Plaintiffs are only requesting compensation for the following work performed:

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Professional Role Rate Hours Total

Aaron Siri Managing Partner $975 61 $59,475.00

Elizabeth Brehm Partner $975 31.9 $31,102.50

Wendy Cox Associate $875 500.1 $437,587.50 

Dana Smith Associate $775 174.5 $135,237.50

Gina Mannella Paralegal $240 144.8 $34,752.00

Total $698,154.50

Other Considerations:

23. The Firm’s involvement in this case spanned a period of nearly two years and the

litigation involved ten named Plaintiffs with varying religious beliefs. The case also involved 

multiple governmental defendants with substantial, near unlimited legal resources at their disposal. 

Both of these facts significantly increased the complexity and therefore the number of hours 

compared to a single-plaintiff and single-defendant case. Furthermore, the Firm did not seek

reimbursement for any fees or costs from Plaintiffs.

24. Even given the aforementioned qualifications of the professionals who worked on

this case, this litigation was exceptionally challenging. It involved complex and novel issues of 

constitutional law, each of which was intensely challenged by defense counsel. Therefore, staffing 

this case adequately and appropriately was necessary.

25. Challenging vaccination requirements on religious grounds, especially during a

pandemic, increased the unpopularity and difficulty of this case. Prior to Covid-19, strong Supreme 

Court support for vaccine mandates had endured for over a century. (See Jacobson v. 

Massachusetts, 197 U.S. 11 (1905).) Given the unpopular nature of challenges involving vaccine 

mandates, there are not many attorneys willing to take on matters like the instant case.

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26. Due to their expertise and substantial resources, the Government was prevailing in 

the majority of contemporaneous challenges involving military vaccine mandates. Therefore, a 

high degree of specialization and skill was necessary to overcome its arguments. 

27. Each attorney’s unique experience was considered when staffing this case to ensure

that work was performed as efficiently as possible. Tasks were delegated to more junior attorneys 

whenever possible. However, many pleadings and motions required high-level strategy and 

analysis and, as such, required extensive involvement from more experienced attorneys. For 

similar reasons, most litigation decisions were made as a team and critical motions and pleadings 

were reviewed by different counsel from the perspective of their varied experiences. Billing

judgment was exercised at all times and hours were billed contemporaneously.

28. In light of the substantial workload of this case due to its novel nature, the number

of plaintiffs and defendants involved, and the aggressive posture taken by both sides, Plaintiffs’ 

counsel were forced to focus their resources almost exclusively on this case for the hours reflected 

in the attached itemized time entries to the exclusion of other work.

29. This litigation bears significant comparisons to Franciscan All., Inc. v. Becerra,

2023 U.S. Dist. LEXIS 118561 (NDND 2023), in which the Court noted that RFRA claims, 

particularly those involving challenges to federal policy, “participate in a market requiring more 

specialized and sophisticated legal services.” In Becerra, the Court awarded fees for similarly 

experienced attorneys, with similar claims, against similar federal Defendants, at over $1,000 per

hour. See Becerra, 7:16-cv-00108-O, at Doc. 224-2. We are seeking rates less than $1,000 per 

hour.

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30. The expenses incurred by the Firm relating to this matter total $11,156.96. These 

expenses were necessary to the resolution of this case. They are mostly for airfare and hotel costs 

related to the preliminary injunction hearing and subsequent mediation. 

31. Plaintiffs have made their intention of seeking attorneys’ fees clear from the start 

of this litigation as they requested attorneys’ fees in the original Complaint. (Dkt. 1 at 21.) 

32. Accordingly, Plaintiffs respectfully request that the Court grant their Motion for 

Attorneys’ Fees and Costs, totaling $709,311.46 (comprising $698,154.50 in fees and $11,156.96 

in costs).

Dated: January 22, 2024 /s/Aaron Siri

Aaron Siri

 

34

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EXHIBIT 1

35

Case 6:22-cv-00049-H Document 157 Filed 01/22/24 Page 35 of 153 PageID 3055
09193-ICAN-Bakich - Army RFRA Litigation

SERVICES:

Date User Description Hours Rate ($) Total

8/29/2022 Christopher Czaplak E‐MAIL CORRESPONDENCE WITH W. COX REGARDING DECLARATION 0.2 $        ‐ $                ‐

8/30/2022 Christopher Czaplak E‐MAIL CORRESPONDENCE WITH W. COX, A. SIRI, AND C. WIEST 0.8 $        ‐ $                ‐

8/31/2022 Christopher Czaplak E‐MAIL CORRESPONDENCE WITH WENDY COX REGARDING COMPLAINT AND

DECLARATION

0.6 $        ‐ $                ‐

9/1/2022 Gina Mannella EDIT AND SEND ENGAGEMENT LETTER TO H. BAKICH (.1); CREATE

ADMINISTRATIVE MATERIALS PDF FILES (.2)

0.3 $        ‐ $                ‐

9/1/2022 Wendy Cox DRAFT AND SEND EMAIL TO  PLAINTIFF (0.3); REVIEW DECLARATION FOR D.

MELL (1.1)

1.4 875.00 $   $      1,225.00

9/2/2022 Gina Mannella REVIEW  SUBMISSION FROM P. TESTA AND ORGANIZE DOCUMENTS INTO

ADMINISTRATIVE MATERIALS PDF DOCUMENT (.9)

0.9 240.00 $   $         216.00

9/2/2022 Wendy Cox REVISE DECLARATIONS (0.7); ZOOM CALL WITH A. SIRI, E. BREHM, AND C. WIEST

(1.0); PHONE CALL WITH  CLIENT (0.6)

2.3 875.00 $   $      2,012.50

9/5/2022 Wendy Cox REVIEW AND REVISE DECLARATION FROM TESTA, MELL, BAKICH (0.8); READ AND

RESPOND TO TEAM EMAILS (0.4)

1.2 875.00 $   $      1,050.00

9/6/2022 Christopher Czaplak E‐MAIL CORRESPONDENCE WITH CO‐COUNSEL REGARDING Z. BUFKIN

DECLARATION

0.3 $        ‐ $                ‐

9/6/2022 Wendy Cox READ AND RESPOND TO TEAM EMAILS (0.7); REVIEW DECLARATION FOR

SABALLA (0.2); EMAIL TO PLAINTIFF (0.1)

1 875.00 $   $         875.00

9/7/2022 Elizabeth Brehm DISCUSS CASE STRATEGY WITH TEAM 0.2 $        ‐ $                ‐

9/7/2022 Gina Mannella SEND ENGAGEMENT LETTER TO CADET COLLIN MORRISON AND UPLOAD HIS

CHAPLAIN LETTER TO ADMINISTRATIVE MATERIAL FILE (.3)

0.3 240.00 $   $            72.00

9/7/2022 Wendy Cox READ AND RESPOND TO EMAILS (0.8); PHONE CALL WITH C. MORRISON (0.5);

ATTORNEY ZOOM WITH C. WIEST, E. BREHM, T. BRUNS, A. SIRI (1.0); DRAFT

COMPLAINT (1.3); RESEARCH (0.6); PHONE CALL WITH DEPARTMENT OF JUSTICE

ATTORNEYS (0.5)

4.7 875.00 $   $      4,112.50

9/8/2022 Christopher Czaplak E‐MAIL CORRESPONDENCE WITH CO‐COUNSEL W. COX AND PLAINTIFF ZAKAI  

BUFKIN

0.9 $        ‐ $                ‐

9/8/2022 Gina Mannella REVISE ADMINISTRATIVE MATERIALS PDF DOCUMENTS FOR D. MELL AND P.

TESTA

0.4 240.00 $   $            96.00

9/8/2022 Wendy Cox REVIEW MEMORANDUM OF LAW IN SUPPORT OF PRELIMINARY INJUNCTION

(2.8); DRAFT COMPLAINT (4.5)

7.3 875.00 $   $      6,387.50

9/9/2022 Christopher Czaplak E‐MAIL CORRESPONDENCE WITH W. COX REGARDING Z. BUFKIN INTERVIEW AND

INTERVIEW NOTES

0.6 $        ‐ $                ‐

9/9/2022 Gina Mannella REVIEW PLAINTIFF INTAKE FORMS FOR HISTORY OF COVID INFECTION (.2); CALL

WITH W. COX REGARDING FILING OF COMPLAINT (.3); PERFORM REDACTIONS

ON PLAINTIFF ADMINISTRATIVE MATERIALS PDF DOCUMENTS IN PREPARATION

FOR INCLUSION IN COURT FILING (1.4)

1.9 240.00 $   $         456.00

9/9/2022 Wendy Cox DRAFT COMPLAINT (1.5); READ AND RESPOND TO EMAILS FROM PLAINTIFFS

(0.5); REVIEW AND REVISE MEMORANDUM OF LAW FOR TEMPORARY

RESTRAINING ORDER (2.3)

4.3 875.00 $   $      3,762.50

9/12/2022 Elizabeth Brehm REVIEW AND RESPOND TO W. COX EMAIL, REVIEW TEAM EMAILS (0.1) 0.1 $        ‐ $                ‐

9/12/2022 Gina Mannella CALL WITH W. COX REGARDING FILING OF COMPLAINT (.7); CREATE APPENDIX

OF EXHIBITS (1.0)

1.7 240.00 $   $         408.00

9/12/2022 Wendy Cox DRAFT AND SEND EMAIL TO A. SIRI, E. BREHM, T. BRUNS, C. WIEST (0.2); WORK

ON MOTION FOR PRELIMINARY INJUNCTION (3.5); PHONE CALL WITH C. WIEST

(0.5); REVISE COMPLAINT AND REVIEW ALL PLAINTIFF DECLARATIONS  FROM C.

WIEST AND T. BRUNS (2.4)

6.6 875.00 $   $      5,775.00

9/13/2022 Elizabeth Brehm REVIEW AND EDIT COMPLAINT (0.9); REVIEW IG MEMO FROM W. COX (0.5);

DISCUSS WITH TEAM OVER EMAIL (0.2)

1.6 975.00 $   $      1,560.00

9/13/2022 Wendy Cox READ AND RESPOND TO EMAILS FROM PLAINTIFFS (1.7); PHONE CALL WITH G.

MANNELLA (0.7); PHONE CALL WITH PROSPECTIVE PLAINTIFF (0.8)

3.2 875.00 $   $      2,800.00

INVOICE

Page 1 of 35

36

Case 6:22-cv-00049-H Document 157 Filed 01/22/24 Page 36 of 153 PageID 3056
9/14/2022 Elizabeth Brehm EMAILS WITH W. COX CONCERNING LOCAL COUNSEL (0.1); TWO ZOOM

MEETINGS WITH W. COX AND C. WIEST TO DISCUSS STRATEGY OF CASE AND

PLAINTIFFS (0.6)

0.7 975.00$   $         682.50

9/14/2022 Wendy Cox

WORK ON COMPLAINT (1.5); REVIEW DECLARATION FOR NEW PLAINTIFF (0.7)

2.2 875.00$   $      1,925.00

9/18/2022 Wendy Cox REVISE COMPLAINT 1.6 875.00$   $      1,400.00

9/19/2022 Gina Mannella FORMAT AND PROOFREAD COMPLAINT; DRAFT CIVIL COVER SHEET AND

SUMMONS (2.8); CALL WITH W. COX REGARDING STATUS OF FILING

DOCUMENTS (.1)

2.9 240.00$   $         696.00

9/19/2022 Gina Mannella EDIT DECLARATIONS WITH REVISED COMPLAINT CAPTION (1.2) 1.2 240.00$   $         288.00

9/19/2022 Wendy Cox PHONE CALL WITH U. SMITH ABOUT POSSIBLE WHISTLEBLOWER PROTECTION

(0.5); PHONE CALL WITH PLAINTIFF (0.6); WORK ON COMPLAINT (1.8); PHONE

CALLS WITH PLAINTIFF E. VANCE (0.7)

3.6 875.00$   $      3,150.00

9/20/2022 Gina Mannella CALL WITH W. COX TO DISCUSS STATUS OF DOCUMENTS (.1); DRAFT NEW

DOCUMENTS FOR MOTION FOR PRELIMINARY INJUNCTION AND MEMORANDUM

IN SUPPORT OF PRELIMINARY INJUNCTION; REVISE DECLARATION DOCUMENTS

FOR PLAINTIFFS (4.0)

4.1 240.00$   $         984.00

9/20/2022 Ursula Smith REVIEW AND EDIT COMPLAINT 1.6 $        ‐ $                ‐

9/20/2022 Wendy Cox READ AND RESPOND TO EMAILS WITH TEAM AND PLAINTIFFS (1.1); PHONE CALL

WITH G. MANNELLA (0.5); REVIEW DECLARATION FOR Z. BUFKIN (0.8); DRAFT

VERIFICATION TEMPLATE (0.9)

3.3 875.00$   $      2,887.50

9/21/2022 Gina Mannella REVISE CAPTION AND REPLACE ON ALL DOCUMENTS (3.1); PROOFREAD

COMPLAINT (.7); DRAFT PRO HAC VICE APPLICATIONS FOR A. SIRI, E. BREHM,

AND W. COX (3.4); DRAFT SUMMONSES (1.0); REVIEW DOCUMENTS AND REVISE

AS NEEDED (.2)

8.4   240.00$ $      2,016.00

9/21/2022 Wendy Cox REVISE COMPLAINT (0.6) 0.6 875.00$   $         525.00

9/22/2022 Elizabeth Brehm REVIEW AND EDIT PLAINTIFF DECLARATIONS (0.3); EMAILS WITH W. COX ABOUT

SAME (0.1)

0.4 975.00$   $         390.00

9/22/2022 Gina Mannella CALL WITH W. COX REGARDING ORGANIZATION AND REVISION OF DOCUMENTS

FOR FILING OF COMPLAINT (1.4)

1.4 240.00$   $         336.00

9/22/2022 Wendy Cox

PHONE CALL WITH D. MELL (0.8); PHONE CALL G. MANNELLA (0.4); REVISE

MOTION FOR PRELIMINARY INJUNCTION AND THE MEMORANDUM OF LAW (1.7)

2.9 875.00$   $      2,537.50

9/23/2022 Elizabeth Brehm

CALL AND EMAIL WITH N. TENNEY ABOUT TRACKING AND CALENDARING FOR

THE CASE ONCE FILED (0.2); REVIEW AND EDIT PLAINTIFF DECLARATIONS (0.8)

1 975.00$   $         975.00

9/23/2022 Gina Mannella CALL WITH W. COX REGARDING DECLARATIONS AND VERIFICATIONS TO CLIENTS

(.3)

0.3 240.00$   $            72.00

9/23/2022 Nicky Tenney EMAILS WITH W. MOLLER AND W. COX (.6); EMAILS WITH E. BREHM AND G.

MANNELLA AND CALL WITH E. BREHM (.2)

0.8 $        ‐ $                ‐

9/23/2022 Wendy Cox READ AND RESPOND TO EMAILS FROM E. BREHM AND W. MOLLER (.6); REVISE

ALL FILING DOCUMENTS WITH LOCAL COUNSEL (1.5); READ AND RESPOND TO

EMAILS FROM PLAINTIFFS (1.5)

3.6 875.00$   $      3,150.00

9/26/2022 Elizabeth Brehm

EMAILS WITH W. MOLLER ABOUT LOCAL COUNSEL AND BECOMING ADMITTED

0.1 $        ‐ $                ‐

9/26/2022 Gina Mannella RESEARCH FOR W. COX (.5); REVISE INITIATING DOCUMENTS

WITH J. SULLIVAN INFORMATION (1.7); CALL WITH W. COX (.3); SEND

DECLARATIONS AND COMPLAINT TO PLAINTIFFS FOR SIGNATURE AND REVIEW

(1.9); PRINT SCAN AND OCR PLAINTIFF DECLARATIONS AND SAVE TO CLIO

FOLDERS (.9); SEND VERIFICATIONS TO PLAINTIFFS (.4); READ AND RESPOND TO

EMAIL CORRESPONDENCE (.7)

6.4   240.00$ $      1,536.00

9/26/2022 Nicky Tenney EMAILS WITH W. MOLLER, W. COX AND G. MANNELLA REGARDING NEED FOR

PRO HAC VICE APPLICATIONS (0.7); REVIEW PLEADINGS AND FORMS FOR INITIAL

FILING AND EMAILS WITH G. MANNELLA (1.0)

1.7 $        ‐ $                ‐

9/26/2022 Wendy Cox FINALIZE DECLARATIONS (2.8); SEND FINAL DRAFT OF COMPLAINT AND PI TO E.

BREHM, C. WIEST, T. BRUNS, AND A. SIRI FOR REVIEW (0.2); PHONE CALL WITH

G. MANNELLA (0.3); READ AND RESPOND TO EMAIL WITH E. BREHM (0.2);

PHONE CALL. WITH H. BAKICH (0.2); REVISE DECLARATION H. BAKICH (0.1); SEND

DECLARATION TO H. BAKICH AND D. MELL WITH VERIFICATION FOR SIGNATURE

(0.4); DRAFT AND SEND EMAIL TO ALL PLAINTIFFS (0.4)

4.6   875.00$ $      4,025.00

Page 2 of 35

37

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9/27/2022 Gina Mannella RESEND DECLARATIONS TO D. MELL AND H. BAKICH; PRINT SCAN OCR AND

DOWNLOAD SIGNED DECLARATIONS AND VERIFICATIONS (2.6); EMAILS WITH W.

COX AND N. TENNEY REGARDING FILING OF COMPLAINT (.4); PREPARE

DISCLOSURE STATEMENT (.6)

3.6 240.00$   $         864.00

9/27/2022 Nicky Tenney EMAILS WITH G. MANNELLA AND W. COX REGARDING CASE INITIATING

DOCUMENTS (.6)

0.6 $        ‐ $                ‐

9/27/2022 Wendy Cox FINALIZE D. MELL'S DECLARATION (0.3); REVISE COMPLAINT (0.2); EMAIL TO G.

MANNELLA (0.1); EMAILS TO H. BAKICH (0.4)

1 875.00$   $         875.00

9/28/2022 Elizabeth Brehm DISCUSS STATUS OF CASE WITH W. COX (0.2); REVIEW AND EDIT COMPLAINT

(1.0)

1.2 $        ‐ $                ‐

9/28/2022 Gina Mannella DOCUMENT REVISIONS (1.5) 1.5 240.00$   $         360.00

9/28/2022 Nicky Tenney EMAILS WITH E. BREHM (.2) 0.2 $       ‐ $                ‐

9/28/2022 Wendy Cox REVISE COMPLAINT AND APPENDIX (3.4);DRAFT AND SEND EMAIL TO G.

MANNELLA (0.1)

3.5 875.00$   $      3,062.50

9/29/2022 Elizabeth Brehm REVIEW AND RESPOND TO W. COX EMAIL ABOUT COMPLAINT (0.1); CALL WITH

W. COX TO DISCUSS PLAINTIFFS AND OVERALL CASE STRATEGY (0.3); EMAIL

LOCAL COUNSEL TO COORDINATE PREPARATION OF FILING (0.1)

0.5   975.00$ $         487.50

9/29/2022 Gina Mannella

EMAILS WITH W. COX AND J. SULLIVAN REGARDING FILING OF COMPLAINT (.1);

SEND INITIATING DOCUMENTS TO W. COX AND J. SULLIVAN FOR REVIEW (.1)

0.2 240.00$   $            48.00

9/29/2022 Wendy Cox REVISE COMPLAINT (2.2); READ AND RESPOND TO EMAILS FROM E. BREHM AND

PLAINTIFFS (0.5); PHONE CALL WITH G. MANNELLA AND J. SULLIVAN REGARDING

FILING (0.3); REVISE APPENDIX FOR FILING (0.5); PHONE CALL WITH J. COSTROFF

(0.2) EDIT DECLARATION FOR J. COSTROFF (0.3)

4   875.00$ $      3,500.00

9/30/2022 Elizabeth Brehm DISCUSS COMPLAINT WITH A. SIRI, EMAIL W. COX ABOUT SAME (0.2) 0.2 $        ‐ $                ‐

9/30/2022 Gina Mannella REVIEW J. SULLIVAN EDITS ON COMPLAINT (.2) 0.2 240.00$   $            48.00

9/30/2022 Gina Mannella CALL WITH W. COX REGARDING ACTION ITEMS (.5); SEND ENGAGEMENT LETTER

COMPLAINT AND VERIFICATION TO J. COSTROFF FOR REVIEW AND SIGNATURE

(.3)

0.8 240.00$   $         192.00

9/30/2022 Nicky Tenney EMAILS WITH W. COX AND G. MANNELLA REGARDING PRO HAC VICE

APPLICATIONS

0.2 $        ‐ $                ‐

9/30/2022 Wendy Cox REVIEW AND ACCEPT CHANGES MADE BY J. SULLIVAN TO COMPLAINT (0.8);

DRAFT AND SEND EMAILS TO C. WIEST AND E. BREHM REGARDING CHANGES TO

COMPLAINT AND VENUE (0.4); REVISE COMPLAINT, APPENDIX, AND J. COSTROFF

DECLARATION (1.0); PHONE CALL WITH J. COSTROP (0.1)

2.3 875.00$   $      2,012.50

9/30/2022 Wendy Cox PHONE CALL C. WIEST TO DISCUSS FILING (0.2); EMAIL PLAINTIFFS AN UPDATE

ABOUT CASE (0.1)

0.3 875.00$   $         262.50

9/30/2022 Wendy Cox PHONE CALL WITH C. WIEST AND J. SULLIVAN TO DISCUSS 0.3 875.00$   $         262.50

10/2/2022 Gina Mannella DOWNLOAD SIGNED DECLARATIONS; SAVE SAME TO PLAINTIFF FOLDERS (.4);

SCAN OCR AND SAVE SIGNED DECLARATIONS (.6); COMBINE DECLARATIONS

WITH ADMINISTRATIVE MATERIALS DOCUMENTS AND REDACT SAME FOR

APPENDIX EXHIBITS (.6)

1.6 $       ‐ $                ‐

10/3/2022 Gina Mannella

CALLS WITH W. COX AND J. SULLIVAN REGARDING FILING OF COMPLAINT (.8);

COMBINE DECLARATIONS WITH ADMINISTRATIVE MATERIALS AND ASSEMBLE

APPENDIX OF EXHIBITS; EMAIL CORRESPONDENCE WITH W. COX AND J.

SULLIVAN REGARDING SAME (3.6); PROOFREAD ALL DOCUMENTS AND REVISE AS

NEEDED (3.0); PREPARE ALL DOCUMENTS FOR FILING; FILE SAME (3.2)

10.6 240.00$   $      2,544.00

10/3/2022 Nicky Tenney UPDATE ATTORNEY ADMISSIONS FOR W. MOLLER AND W. COX (.5); EMAILS

WITH G. MANNELLA REGARDING WORD FORMATTING (.1); CALLS WITH G.

MANNELLA REGARDING ECF FILING (.3)

0.9 $        ‐ $                ‐

10/3/2022 Wendy Cox READ AND RESPOND TO EMAILS REGARDING CASE FROM PLAINTIFFS (0.6);

PHONE CALLS WITH G. MANNELLA TO DISCUSS FILING (0.6); REVIEW FINAL

COMPLAINT (2.4); READ AND RESPOND TO EMAILS FROM J. SULLIVAN (0.8);  

PHONE CALL B. BAKICH (0.3); REVIEW FINAL APPENDIX (0.8); FINALIZE

PRELIMINARY INJUNCTION (0.2); EDIT DECLARATION FOR Z. BUFKIN (0.4)

6.1   875.00$ $      5,337.50

10/4/2022 Gina Mannella ASSEMBLE VERIFICATIONS FOR FILING AND FILE SAME (.6); REVISE APPENDIX (.7);

EMAILS WITH W. COX AND N. TENNEY REGARDING SERVICE (1.0); EMAILS WITH

W. COX AND N. TENNEY REGARDING FILING OF APPENDIX (.2); PRINT AND

ASSEMBLE FILED DOCUMENTS FOR SERVICE BY CERTIFIED AND PRIORITY MAIL;

TRAVEL TO POST OFFICE FOR DELIVERY OF SAME (4.3)

6.8   240.00$ $      1,632.00

Page 3 of 35

38

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10/4/2022 Nicky Tenney

ECF DOWNLOAD, SAVE AND CIRCULATE (.5); EMAILS WITH W. COX (.1); REVIEW

AND EDIT APPENDIX (1.0); CALL AND EMAILS WITH G. MANNELLA REGARDING

SERVICE OF SUMMONS AND COMPLAINT (.5); CALL WITH W. COX REGARDING

SERVICE AND FILING OF DOCUMENTS (.2); EMAILS WITH G. MANNELLA

REGARDING E‐FILING (.1); ECF FILING, DOWNLOAD, SAVE AND CIRCULATE (.2);

ADD SELF TO RECEIVE ECFS AND ECF DOWNLOAD AND SAVE (.1)

2.7 $       ‐ $                ‐

10/4/2022 Wendy Cox READ AND RESPOND TO EMAILS FROM Z. BUFKIN (0.2); REVIEW APPENDIX

FILING FOR Z. BAKAI (0.3)

0.5 875.00$   $         437.50

10/4/2022 Wendy Cox PHONE CALL WITH G. MANNELLA REGARDING APPENDIX (0.3); READ AND

RESPOND TO EMAILS FROM PLAINTIFFS (0.3)

0.6   875.00$ $         525.00

10/4/2022 Wendy Cox READ AND RESPOND TO EMAILS FROM LOCAL COUNSEL J. SULLIVAN (0.3) 0.3 875.00$   $         262.50

10/4/2022 Wendy Cox REVISE PRELIMINARY INJUNCTION MOTION AND DRAFT ORDER 1.7 875.00$   $      1,487.50

10/5/2022 Gina Mannella PRINT AND PACKAGE NOTICE OF APPENDIX FOR SERVICE VIA CERTIFIED AND

PRIORITY MAIL; TRAVEL TO POST OFFICE FOR DELIVERY (4.8); UPDATE ACTION

ITEMS LIST (1.1); DRAFT PRO HAC VICE APPLICATIONS FOR C. WIEST AND T.

BRUNS; SEND SAME FOR REVIEW (.3)

6.2 $       ‐ $                ‐

10/5/2022 Wendy Cox REVISE AND UPDATE PRELIMINARY INJUNCTION MEMORANDUM OF LAW (3.5);

READ AND RESPOND TO EMAILS (0.3)

3.8 875.00$   $      3,325.00

10/6/2022 Dana Stone Smith REVIEW DOD INSTRUCTION MANUAL ON RELIGIOUS LIBERTY IN THE MILITARY

SERVICES (1.5); PHONE CALL WITH W. COX TO DISCUSS CASE AND NEXT STEPS

(.5)

2 775.00$   $     1,550.00

10/6/2022 Gina Mannella CALL WITH W. COX REGARDING CURRENT STATUS OF WORK ON MATTER (.2) 0.2 $        ‐ $                ‐

10/6/2022 Wendy Cox EMAIL DRAFT OF PI TO LOCAL COUNSEL J. SULLIVAN (0.1); READ AND RESPOND

TO PLAINTIFF EMAILS (0.7); PHONE CALL WITH G. MANNELLA (0.2); READ AND

REVIEW EMAIL FROM T. BRUNS (0.2)

1.2 875.00$   $     1,050.00

10/6/2022 Wendy Cox PHONE CALL WITH D. STONE ABOUT CASE 0.5 $        ‐ $                ‐

10/7/2022 Dana Stone Smith REVIEW ALL DOCUMENTS CONTAINED IN APPENDIX 3.2 775.00$   $      2,480.00

10/7/2022 Wendy Cox READ AND RESPOND TO EMAILS 0.5 875.00$   $         437.50

10/9/2022 Wendy Cox REVISE PRELIMINARY INJUNCTION AND MEMORANDUM OF LAW 0.5 875.00$   $         437.50

10/10/2022 Gina Mannella ASSEMBLE PRO HAC VICE APPLICATION FOR C. WIEST (.3); REDACT PERSONAL

INFORMATION ON ANTIBODY REPORTS FOR H. BAKICH AND P. TESTA FOR

EXHIBITS (.2)

0.5 $        ‐ $                ‐

10/10/2022 Wendy Cox READ AND RESPOND TO EMAILS FROM PLAINTIFFS (0.2); WORK ON

DECLARATIONS FOR PI (0.4) REVISE PI (1.0)

1.6 875.00$   $     1,400.00

10/11/2022 Gina Mannella TRACK SERVICE OF COMPLAINT APPENDIX AND ALL OTHER FILINGS ON

DEFENDANTS THROUGH USPS (.7); DOWNLOAD SAME TO CLIO (.1); EMAILS WITH

W. COX AND N. TENNEY REGARDING SAME (.2); CALL WITH W. COX REGARDING

FILING OF DOCUMENTS AND INCOMING INTAKES (.5); PROOF AND SEND

DECLARATIONS TO H. BAKICH AND P. TESTA (.4)

1.9 $       ‐ $                ‐

10/11/2022 Nicky Tenney PREPARE AFFIDAVIT OF SERVICE SAMPLE (.1); EMAIL SAME TO G. MANNELLA (.1);

EMAILS WITH W. COX AND G. MANNELLA REGARDING SERVICE(.1)

0.3 $        ‐ $                ‐

10/11/2022 Wendy Cox REVISE PI (5); PHONE CALL WITH G. MANNELLA ABOUT FILING ISSUES (0.3) 5.3 875.00$   $     4,637.50

10/12/2022 Gina Mannella PREPARE BAKICH DECLARATION FOR EXHIBIT TO MOTION (.3); DRAFT AFFIDAVIT

OF SERVICE; SEND TO N. TENNEY AND W. COX FOR REVIEW (2.5); REVISE

AFFIDAVIT AND SEND TO N. TENNEY AND W. COX (.3); PREPARE EXHIBITS TO

AFFIDAVIT OF SERVICE (1.0); REVISE AFFIDAVIT OF SERVICE INTO SEPARATE

DOCUMENTS WITH EXHIBITS; FILE SAME (1.7); PREPARE PRO HAC VICE

DOCUMENTS FOR FILING (.4)

6.2   240.00$ $     1,488.00

10/12/2022 Nicky Tenney EMAILS WITH G. MANNELLA AND W. COX (.3); DRAFT PROOF OF SERVICE

SAMPLE (.2); EDIT PROOF OF SERVICE (.2); RULES CHECK (.4); CALENDAR (.2)

1.3 $        ‐ $                ‐

10/12/2022 Walker Moller REVIEW FILE (.1); COMMUNICATIONS WITH G. MANNELLA REGARDING LOCAL

RULE 83.11 (.2); COMMUNICATIONS WITH E. BREHM ON SAME (.2)

0.5 $        ‐ $                ‐

10/12/2022 Wendy Cox FINALIZE PRELIMINARY INJUNCTION (2.9); EMAIL C. WIEST, T. BRUNS, AND E.

BREHM DRAFT (0.2); PHONE CALL WITH G. MANNELLA ABOUT POSSIBLE FILING

ISSUE (0.3)

3.4   875.00$ $     2,975.00

10/12/2022 Wendy Cox PHONE CALL WITH D. MELL 0.2 875.00$   $         175.00

10/12/2022 Wendy Cox

REVIEW FILING FOR G. MANNELLA (0.2); PHONE CALL WITH G. MANNELLA (0.1)

0.3 $        ‐ $                ‐

Page 4 of 35

39

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10/13/2022 Gina Mannella

FINALIZE AND PREPARE PRO HAC VICE APPLICATIONS AND PROPOSED ORDER

FOR FILING; FILE SAME (1.6); EMAILS WITH J. SULLIVAN AND W. COX (.4); PROOF

MOTION TO PROCEED AND PREPARE PROPOSED ORDER; FILE SAME (1.0); CALL

WITH N. TENNEY (.2); PREPARE P. TESTA DECLARATION FOR EXHIBIT (.6)

3.8 240.00$   $         912.00

10/13/2022 Nicky Tenney

ECFS DOWNLOAD, SAVE AND CIRCULATE (.4); EMAILS WITH G. MANNELLA (.2)

0.6 $       ‐ $                ‐

10/13/2022 Wendy Cox PHONE CALL WITH C. WIEST (0.3); REVISE PI (3.2) 3.5 875.00$   $      3,062.50

10/14/2022 Wendy Cox PHONE CALL WITH S. GALLOWAY (0.3); DRAFT EMAIL TO DOJ FOR CONFERENCE

(0.3)

0.6 875.00$   $         525.00

10/16/2022 Wendy Cox REVIEW AND AMEND INJUNCTION CHANGES (0.4) 0.4   875.00$ $         350.00

10/17/2022 Elizabeth Brehm REVIEW AND EDIT NOTICE OF MOTION (0.1); REVIEW AND EDIT PROPOSED

ORDER (0.1); REVIEW AND EDIT MEMORANDUM OF LAW (0.6), RETURN TO W.

COX

0.8 975.00$   $         780.00

10/17/2022 Gina Mannella PROOFREAD PRELIMINARY INJUNCTION DOCUMENTS (1.1); MAKE REVISIONS TO

PRELIMINARY INJUNCTION DOCUMENTS (.3); FINALIZE PRELIMINARY

INJUNCTION MOTION (.2); EMAILS TO J. SULLIVAN REGARDING ISSUES WITH

PRELIMINARY INJUNCTION MEMORANDUM DOCUMENT (.2); PROOFREAD AND

MAKE REVISIONS TO MEMORANDUM OF LAW DOCUMENT (.7); CREATE TABLE

OF CONTENTS FOR MEMORANDUM OF LAW (1.3); CREATE TABLE OF

AUTHORITIES FOR MEMORANDUM OF LAW (1.2); EMAIL ALL PRELIMINARY

INJUNCTION MOTION DOCUMENTS TO J. SULLIVAN W. COX AND N. TENNEY FOR

REVIEW (.1); CALL WITH W. COX REGARDING PRELIMINARY INJUNCTION MOTION

DOCUMENTS (.3)

5.4   240.00$ $      1,296.00

10/17/2022 Nicky Tenney ECFS DOWNLOAD, SAVE AND CIRCULATE (.2) 0.2 $        ‐ $                ‐

10/17/2022 Wendy Cox FINALIZE PI AND EMAIL FILE TO J. SULLIVAN (1.7) 1.7 875.00$   $      1,487.50

10/17/2022 Wendy Cox PHONE CALL WITH B. SCHELSKE ABOUT REPRIMAND BEING SERVED TODAY (0.4);

REVISE PI AFTER E. BREHM COMMENTS AND ADDITIONS (1)

1.4 875.00$   $     1,225.00

10/17/2022 Wendy Cox PHONE CALLS WITH J. SULLIVAN DISCUSSING PRELIMINARY INJUNCTION

DOCUMENTS AND EMAIL TO DOJ (0.4); PHONE CALLS WITH G. MANNELLA TO

DISCUSS PI FILING ISSUES (0.4)

0.8 875.00$   $         700.00

10/18/2022 Gina Mannella

PROOFREAD PRELIMINARY INJUNCTION DOCUMENTS (.3); REVISE PRELIMINARY

INJUNCTION DOCUMENTS (.5); EMAIL SAME TO W. COX FOR REVIEW (.1); EMAIL

DOCUMENTS TO N. TENNEY FOR FURTHER PROOFREADING AND FILING (.1)

1 240.00$   $         240.00

10/18/2022 Nicky Tenney

REVIEW EMAILS WITH ATTORNEY TEAM AND G. MANNELLA (.1); EDIT PLEADINGS

(1.9); EMAILS WITH G. MANNELLA, W. COX AND J. SULLIVAN (.1); CALL WITH W.

COX (.1); EDIT PLEADINGS (.4); ECF FILING, DOWNLOAD, SAVE AND CIRCULATE

(.2); RULES CHECK (.1); EMAIL PROPOSED ORDER TO JUDGE (.1)

3 $       ‐ $                ‐

10/18/2022 Wendy Cox REVIEW FINAL INJUNCTION 2.6 875.00$   $      2,275.00

10/19/2022 Nicky Tenney ECF DOWNLOAD, SAVE AND CIRCULATE (.1) 0.1 $        ‐ $                ‐

10/20/2022 Gina Mannella FILE EXHIBITS (.3) 0.3 240.00$   $            72.00

10/20/2022 Nicky Tenney EMAILS WITH G. MANNELLA, W. COX AND J. SULLIVAN (.1); ECF DOWNLOAD,

SAVE AND CIRCULATE (.1); CALENDAR (.2)

0.4 $        ‐ $                ‐

10/20/2022 Wendy Cox READ AND RESPOND TO EMAILS REGARDING FILING (0.2); PHONE CALL WITH G.

MANNELLA (0.3)

0.5 $        ‐ $                ‐

10/20/2022 Wendy Cox READ AND RESPOND TO EMAILS FROM CLIENTS AND OTHER ATTORNEYS AND

PARALEGALS

0.5 $       ‐ $                ‐

10/21/2022 Gina Mannella EMAILS WITH W. COX REGARDING LETTER RECEIVED BY S. GALLOWAY FROM

COMMANDER (.2)

0.2 240.00$   $            48.00

10/21/2022 Wendy Cox PHONE CALL WITH D. STONE ABOUT DISCOVERY 0.5 875.00$   $         437.50

10/24/2022 Wendy Cox ORGANIZE CASE FILE 0.2 $        ‐ $                ‐

10/31/2022 Wendy Cox READ AND RESPOND TO EMAIL FROM S. GALLOWAY 0.1 875.00$   $           87.50

11/1/2022 Gina Mannella DOWNLOAD ADDITIONAL PLAINTIFFS DOCUMENTS TO CLIO FOR FUTURE FILING

(.5); ORGANIZE PLAINTIFFS DOCUMENTS FOLDERS (.5); UPDATE ACTION ITEMS

LIST (.8)

1.8 $        ‐ $                ‐

11/1/2022 Wendy Cox READ AND RESPOND TO EMAILS S. GALLOWAY (0.4); PHONE CALL WITH S.

GALLOWAY REGARDING DENIAL OF APPEAL (0.4); REVIEW MEDICAL EXEMPTION

MEMO FOR S. GALLOWAY (0.6)

1.4 875.00$   $     1,225.00

Page 5 of 35

40

Case 6:22-cv-00049-H Document 157 Filed 01/22/24 Page 40 of 153 PageID 3060
11/2/2022 Dana Stone Smith PHONE CALL WITH W. COX TO DISCUSS SUBPOENAS AND NOTICE TO

SUPPLEMENT (.4); EMAIL C. WIEST REQUESTING WORD VERSION OF MOTION TO

SUPPLEMENT (.1); DRAFT NOTICE OF FACTUAL DEVELOPMENT AND SEND TO W.

COX FOR REVIEW WITH COMMENTS (.6)

1.1 775.00$   $         852.50

11/2/2022 Elizabeth Brehm ATTEND TEAM ZOOM TO DISCUSS UPCOMING DEADLINES AND EXPEDITED

DISCOVERY

0.3 $        ‐ $                ‐

11/2/2022 Wendy Cox REVIEW SUPPLEMENTAL FACTUAL DEVELOPMENT FILING 0.3 875.00$   $         262.50

11/2/2022 Wendy Cox REVIEW NEW ARMY ALARECT 0.6 875.00$   $         525.00

11/3/2022 Dana Stone Smith REVIEW SUGGESTED REVISIONS TO NOTICE OF SUPPLEMENTAL FACTUAL

DEVELOPMENT BY W. COX AND MAKE REVISIONS (.3); SEND TO G. MANNELLA

FOR PROOFING AND FINALIZATION (.1); PHONE CALL WITH W. COX TO DISCUSS

DECLARATION AND FILING OF NOTICE OF SUPPLEMENTAL FACTS (.4); FINALIZE

NOTICE AND SEND TO CLIENT FOR REVIEW AND SIGNATURE (.5); REVIEW

EXECUTED DOCUMENT RECEIVED FROM CLIENT AND TO G. MANNELLA FOR

FILING (.3)

1.6   775.00$ $     1,240.00

11/3/2022 Gina Mannella CALLS WITH W. COX REGARDING NOTICE AND DECLARATION TO BE FILED FOR S.

GALLOWAY (.5); PROOFREAD AND MAKE REVISIONS TO NOTICE (.9); EMAIL

NOTICE AND DECLARATION TEMPLATE TO W. COX AND D. STONE (.1); EMAIL TO

D. STONE REGARDING DECLARATION DOCUMENT (.1)

1.6 240.00$   $         384.00

11/3/2022 Wendy Cox PHONE CALL WITH D. STONE ABOUT SUBMISSION OF NOTICE OF FACTUAL

DEVELOPMENT (0.3); REVIEW FILING SUBMISSION (0.1)

0.4 875.00$   $         350.00

11/3/2022 Wendy Cox READ AND RESPOND TO EMAIL FROM Z. BUFKIN 0.2 875.00$   $         175.00

11/4/2022 Gina Mannella FINALIZE NOTICE DECLARATION AND EXHIBITS FOR FILING (.7) 0.7 240.00$   $         168.00

11/4/2022 Kimberly Hertz RECEIPT AND REVIEW OF ECF NOTIFICATION; DOWNLOAD AND SAVE SAME 0.1 $        ‐ $                ‐

11/6/2022 Wendy Cox READ AND RESPOND TO EMAILS FROM PLAINTIFFS 0.2   875.00$ $         175.00

11/7/2022 Dana Stone Smith REVIEW VARIOUS EMAILS FROM G. MANNELLA REGARDING NOTICE OF

ADDITIONAL FACTS FILING (.4); PHONE CALL WITH W. COX TO DISCUSS WORK

ASSIGNMENTS (0.1)

0.5 775.00$   $         387.50

11/7/2022 Gina Mannella ASSEMBLE NOTICE AND ATTACHMENTS FOR FILING (.2); SEND SAME TO W. COX

AND D. STONE FOR REVIEW (.1); CALL WITH W. COX REGARDING FILING OF

NOTICE (.2); FINALIZE S. GALLOWAY DECLARATION FOR FILING (.3); SEND ALL

DOCUMENTS TO J. SULLIVAN FOR REVIEW (.1); CALL WITH W. COX REGARDING

FINAL NOTICE DOCUMENTS FOR FILING (.1); FINALIZE ALL NOTICE DOCUMENTS

FOR FILING (.2); FILE SAME (.4)

1.6   240.00$ $         384.00

11/7/2022 Wendy Cox PHONE CALL WITH D. STONE REGARDING FILING OF SUPPLEMENTAL FACTUAL

DEVELOPMENT

0.1 875.00$   $            87.50

11/7/2022 Wendy Cox REVIEW SUPPLEMENTAL FILING DOCUMENTS 0.2 875.00$   $         175.00

11/7/2022 Wendy Cox

RESEARCH FOR REPLY TO DEFENDANTS RESPONSE TO PRELIMINARY INJUNCTION

1.4 875.00$   $      1,225.00

11/8/2022 Nicky Tenney REVIEW RECENT CASE ACTIVITY (.1) 0.1 $        ‐ $                ‐

11/8/2022 Nicky Tenney CASE REVIEW THROUGH PACER (.2); EMAILS WITH W. COX REGARDING

CALENDARING OF PRELIMINARY INJUNCTION (.1)

0.3 $       ‐ $                ‐

11/8/2022 Nicky Tenney ECFS DOWNLOAD, SAVE AND CIRCULATE (.2) 0.2 $        ‐ $                ‐

11/8/2022 Wendy Cox READ AND RESPOND TO EMAILS FROM S. GALLOWAY ABOUT HIS MEDICAL

EXEMPTION REQUEST

0.2 875.00$   $         175.00

11/8/2022 Wendy Cox RESEARCH PRIOR CASES FOR REPLY MOTION 1.1   875.00$ $         962.50

11/9/2022 Wendy Cox PHONE CALL WITH B. BAKICH 0.3 875.00$   $         262.50

11/9/2022 Wendy Cox READ AND REVIEW DEFENDANTS RESPONSE BRIEF 4.6 875.00$   $      4,025.00

11/10/2022 Dana Stone Smith

PHONE CALL WITH W. COX TO DISCUSS MEMORANDUM IN OPPOSITION TO

REQUEST FOR PRELIMINARY INJUNCTION (.9); REVIEW DEFENDANT'S

MEMORANDUM IN OPPOSITION TO REQUEST FOR PRELIMINARY INJUNCTION

(2.3); REVIEW EMAIL FROM PLAINTIFF B. SCHELSKE SENT BY W. COX (.2)

3.4   775.00$ $     2,635.00

11/10/2022 Nicky Tenney ECF DOWNLOAD, SAVE AND CIRCULATE (.1) 0.1 $        ‐ $                ‐

11/10/2022 Wendy Cox PHONE CALL WITH D. STONE TO DISCUSS REPLY TO DEFENDANTS OPPOSITION

MOTION

0.9 875.00$   $         787.50

11/10/2022 Wendy Cox REVIEW OF DECLARATIONS IN OPPOSITION TO PRELIMINARY INJUNCTION (1.9);

DRAFT AND SEND EMAILS TO PLAINTIFFS (0.2)

2.1 875.00$   $     1,837.50

11/11/2022 Aaron Siri ZOOM MEETING WITH W. COX, T. WIEST, D. STONE, AND T. BRUNS 0.5 975.00$   $         487.50

Page 6 of 35

41

Case 6:22-cv-00049-H Document 157 Filed 01/22/24 Page 41 of 153 PageID 3061
11/11/2022 Dana Stone Smith

REVIEW EMAIL AND ATTACHMENTS SENT BY W. COX REGARDING

DISENGAGEMENT WITH PLAINTIFF Z. BUFKIN (.5); REVIEW EMAIL AND

ATTACHMENTS FROM W. COX REGARDING NOTICE OF FACTUAL DEVELOPMENTS

FOR S. CONKLIN AND C. MORRISON, RESPOND WITH FOLLOW‐UP QUESTIONS

REGARDING DENIAL DATES (.5); PHONE CALL WITH W. COX TO DISCUSS FACTUAL

DEVELOPMENT AND RESPONSE TO DEFENDANT'S MEMORANDUM (.6); DRAFT

NOTICE OF FACTUAL DEVELOPMENT FOR PLAINTIFFS S. CONKLIN AND C.

MORRISON (1.1); TEAM ZOOM MEETING (.5)

3.2   775.00$ $     2,480.00

11/11/2022 Gina Mannella REVIEW EMAIL FROM W. COX AND D. STONE REGARDING UPCOMING

SUPPLEMENTAL FILING FOR S. CONKLIN (.1) CALL WITH W. COX REGARDING

FORMAT FOR REPLY BRIEF DOCUMENT (.3); REVISE REPLY BRIEF DOCUMENT

WITH STYLE HEADINGS (.5); CALL WITH W. COX REGARDING COMPARISON OF

DENIAL DOCUMENTS (.2)

1.1   240.00$ $         264.00

11/11/2022 Wendy Cox RESEARCH FOR REPLY BRIEF 0.4 875.00$   $         350.00

11/11/2022 Wendy Cox WORK ON DRAFT TO REPLY TO DEFENDANT'S OPPOSITION TO PI MOTION (3.6);

PHONE CALLS WITH G. MANNELLA AND D. STONE ABOUT INTERROGATORIES

AND RESEARCH (1.2)

4.8 875.00$   $     4,200.00

11/11/2022 Wendy Cox ZOOM MEETING WITH A. SIRI, T. WIEST, D. STONE, AND T. BRUNS 0.5 875.00$   $         437.50

11/13/2022 Wendy Cox DRAFT RESPONSE TO DEFENDANT'S NOTICE OF SUPPLEMENTAL FACTS 1.1 875.00$   $         962.50

11/13/2022 Wendy Cox DRAFT AND SEND EMAIL TO D. STONE REGARDING MOTION FOR LIMITED

DISCOVERY

0.5 875.00$   $         437.50

11/13/2022 Wendy Cox READ AND RESPOND TO EMAILS FROM B. SCHELSKE 0.2 875.00$   $         175.00

11/13/2022 Wendy Cox RESEARCH ON MOTION FILE AMENDED PLEADING 0.6 875.00$   $         525.00

11/13/2022 Wendy Cox CONDUCT CASE LAW RESEARCH AND DRAFT PI REPLY TO OPPOSITION 3.2 875.00$   $      2,800.00

11/14/2022 Dana Stone Smith REVIEW AND RESPOND TO EMAIL FROM W. COX REGARDING MOTION FOR

LIMITED DISCOVERY (.3); RESEARCH MOTION FOR LIMITED DISCOVERY (.8);

DRAFT MOTION FOR LIMITED DISCOVERY (1.5); REVIEW EMAIL FROM B.

SCHELSKE REGARDING MEDICAL EXEMPTION REQUEST (.3)

2.9   775.00$ $     2,247.50

11/14/2022 Nicky Tenney ECF DOWNLOAD, SAVE AND CIRCULATE (.1) 0.1 $        ‐ $                ‐

11/14/2022 Wendy Cox WORK ON DRAFT REPLY TO OPPOSITION TO PI 6.2 875.00$   $     5,425.00

11/15/2022 Aaron Siri PHONE CALL WITH W. COX AND D. STONE REGARDING EXPEDITED MOTION FOR

DISCOVERY

0.8 975.00$   $         780.00

11/15/2022 Dana Stone Smith PHONE CONFERENCE WITH A. SIRI AND W. COX TO DISCUSS MOTION FOR

LIMITED DISCOVERY (.8) FINALIZE MOTION FOR EXPEDITED DISCOVERY AND

SEND TO W. COX FOR REVIEW (1.2); RESEARCH FOR MOTION FOR EXPEDITED

DISCOVERY BRIEF (2.0); REVIEW AND RESPOND TO EMAIL FROM W. COX WITH

DRAFT OF DISCOVERY REQUEST LETTER TO OPPOSING COUNSEL (.3)

4.3   775.00$ $     3,332.50

11/15/2022 Gina Mannella DOWNLOAD INITIAL AND FINAL DENIAL DOCUMENTS FOR PLAINTIFFS AND

COMPARE FOR CHANGES (2.4); COMPARE CADET LETTERS (.3); CALL WITH W.

COX REGARDING COMPARISONS AND FILING PRO HAC VICE MOTION FOR D.

STONE (.2)

2.9 $        ‐ $                ‐

11/15/2022 Nicky Tenney ECF DOWNLOAD, SAVE AND CIRCULATE (.1); UPDATE CALENDAR (.1) 0.2 $        ‐ $                ‐

11/15/2022 Wendy Cox PHONE CALL WITH A. SIRI AND D. STONE REGARDING EXPEDITED MOTION FOR

DISCOVERY

0.8 875.00$   $         700.00

11/15/2022 Wendy Cox PHONE CALL WITH C. SCHELSKE 0.6 875.00$   $         525.00

11/15/2022 Wendy Cox PHONE CALL WITH LOCAL COUNSEL J. SULLIVAN TO DISCUSS EXPEDITED

DISCOVERY MOTION

0.2 875.00$   $         175.00

11/15/2022 Wendy Cox PHONE CALL WITH D. STONE ABOUT EXPEDITED REQUEST FOR DISCOVERY 0.2 $        ‐ $                ‐

11/15/2022 Wendy Cox DRAFT EMAIL TO DOJ AND SEND TO ATTORNEYS FOR REVIEW (0.4); REVIEW

MOTION FOR LIMITED DISCOVERY (0.6); PHONE CALL WITH J. SULLIVAN

REGARDING EMAIL TO DOJ (0.1); PHONE CALL WITH D. STONE ABOUT EMAIL

AND MOTION FOR LIMITED DISCOVERY (0.2)

1.3 875.00$   $      1,137.50

11/15/2022 Wendy Cox READ AND RESPOND TO EMAILS FROM PLAINTIFFS, A. SIRI, C. WIEST, D. STONE,

AND G. MANNELLA (1.1); PHONE CALL WITH G. MANNELLA (0.2)

1.3 875.00$   $     1,137.50

11/15/2022 Wendy Cox RESEARCH FOR REPLY TO OPPOSITION TO PI MOTION 0.9 875.00$   $         787.50

11/15/2022 Wendy Cox WORK ON DRAFT FOR REPLY TO OPPOSITION FOR PI 2.1 875.00$   $      1,837.50

11/16/2022 Aaron Siri ZOOM WITH TEAM TO DISCUSS DISCOVERY, PRELIMINARY INJUNCTION (0.2) 0.2   975.00$ $         195.00

Page 7 of 35

42

Case 6:22-cv-00049-H Document 157 Filed 01/22/24 Page 42 of 153 PageID 3062
11/16/2022 Dana Stone Smith

REVIEW EMAIL FROM W. COX WITH PROPOSED REVISIONS TO MOTION FOR

EXPEDITED DISCOVERY (.5); REVIEW ORDER DENYING MOTION FOR STAY

PENDING APPEAL FROM DOSTER CASE FOR USEFUL LANGUAGE (.8); REVISE AND

REDRAFT MOTION FOR LIMITED DISCOVERY WITH MEMORANDUM OF LAW

BRIEF AND ARGUMENT SECTION (2.7); RESEARCH FOR LIMITED DISCOVERY SENT

BY C. WIEST (.8); PHONE CALL WITH W. COX TO DISCUSS MOTION AND REPLY (.5)

5.3   775.00$ $     4,107.50

11/16/2022 Elizabeth Brehm

ATTEND ZOOM WITH TEAM TO DISCUSS DISCOVERY, PRELIMINARY INJUNCTION

0.2 975.00$   $         195.00

11/16/2022 Gina Mannella REVIEW OF EMAILS FROM W. COX TO POTENTIAL CLIENTS (.1); EMAILS WITH W.

COX AND D. STONE REGARDING PRO HAC VICE MOTION FOR D. STONE (.2);

PREPARE PRO HAC VICE APPLICATION FOR D. STONE (.6); PREPARE LETTER TO

REQUEST CERTIFICATE OF GOOD STANDING FOR D. STONE (.4); SEND SAME TO D.

STONE FOR REVIEW AND SIGNATURE (.1)

1.4 $       ‐ $                ‐

11/16/2022 Wendy Cox

PHONE CALL WITH S. GALLOWAY AND DRAFT AND SEND EMAIL TO S. GALLOWAY

0.4 875.00$   $         350.00

11/16/2022 Wendy Cox FINAL DRAFT OF DECLARATION AND PLAINTIFFS RESPONSE TO NOTICE OF

SUPPLEMENTAL FACTS

0.5 875.00$   $         437.50

11/16/2022 Wendy Cox PHONE CALL WITH D. STONE REGARDING MOTION AND REPLY 0.4 875.00$   $         350.00

11/16/2022 Wendy Cox DRAFT AND SEND EMAIL TO DOJ (0.3); FINALIZE AND SEND DECLARATION TO S.

GALLOWAY (0.2)

0.5   875.00$ $         437.50

11/16/2022 Wendy Cox CONTINUE DRAFT OF REPLY TO DEFENDANTS OPPOSITION MOTION TO PI 2.7 875.00$   $      2,362.50

11/17/2022 Dana Stone Smith

REVIEW AND REVISE PLAINTIFFS' REPLY TO DEFENDANTS' MEMORANDUM IN

OPPOSITION (3.5) PHONE CALL WITH W. COX TO DISCUSS REPLY AND MOTION

REVISIONS (.4); SEND REVISED MOTION TO W. COX FOR REVIEW (.1); REVIEW

EMAIL FROM OPPOSING COUNSEL REGARDING DISCOVERY PRODUCTION (.2)

4.2   775.00$ $     3,255.00

11/17/2022 Gina Mannella EMAILS WITH W. COX AND J. SULLIVAN REGARDING RESPONSE FOR FILING (.2);

PROOFREAD AND MAKE REVISIONS TO RESPONSE (.7); CALLS WITH N. TENNEY

AND W. COX REGARDING REVISIONS (.1); FILE RESPONSE TO DEFENDANTS

NOTICE (.2)

1.2 240.00$   $         288.00

11/17/2022 Nicky Tenney ECF DOWNLOAD, SAVE AND CIRCULATE (.1) 0.1 $        ‐ $                ‐

11/17/2022 Wendy Cox

PHONE CALLS WITH D. STONE REGARDING REPLY AND MOTION FOR DISCOVERY

0.7 875.00$   $         612.50

11/17/2022 Wendy Cox REVIEW AND REVISE MOTION FOR LIMITED DISCOVERY 1.6 875.00$   $      1,400.00

11/17/2022 Wendy Cox REVIEW COMMENTS ON REPLY TO MOTION FOR PI FROM D. STONE AND AMEND

DOCUMENT (1.5); PHONE CALL WITH J. SULLIVAN ABOUT CASE (0.2)

1.7 875.00$   $      1,487.50

11/17/2022 Wendy Cox PHONE CALL WITH G. MANNELLA REGARDING SUPPLEMENTAL FILING 0.2 875.00$   $         175.00

11/18/2022 Aaron Siri ZOOM CALL WITH C. WIEST, E. BREHM, W. COX, T. BRUNS, D. STONE ABOUT

REQUEST FOR DISCOVERY (0.3)

0.3   975.00$ $         292.50

11/18/2022 Dana Stone Smith REVIEW SUGGESTED REVISIONS TO MOTION FOR EXPEDITED DISCOVERY BY W.

COX (.6); MAKE SUGGESTED REVISIONS AND EMAIL REVISED DOCUMENTS TO C.

WIEST AND T. BRUNS FOR REVIEW (.5); DRAFT COVID‐19 ANTIBODY

DECLARATIONS FOR PLAINTIFFS C. MORRISON, R. SCHELSKE, AND N. SABALLA

(1.1); PHONE CALL WITH W. COX TO DISCUSS MOTION AND REPLY (.4); PHONE

CALL WITH W. COX TO DISCUSS REVISIONS TO REPLY AND RESPONSE TO J.

WALKER REGARDING REQUESTED DISCOVERY (.5)

3.1   775.00$ $     2,402.50

11/18/2022 Elizabeth Brehm ATTEND ZOOM MEETING WITH C. WIEST, T. BRUNS, AND W. COX TO DISCUSS

DISCOVERY WITH PRELIMINARY INJUNCTION (0.3)

0.3 975.00$   $         292.50

11/18/2022 Nicky Tenney REVIEW CALENDARING RULES AND EMAILS WITH W. COX (.1) 0.1 $        ‐ $                ‐

11/18/2022 Wendy Cox PHONE CALL WITH C. WIEST (0.2); WORK ON RESPONSE TO DOJ (0.7) 0.9 875.00$   $         787.50

11/18/2022 Wendy Cox PHONE CALL WITH C. WIEST (0.1); OBTAIN INFORMATION FOR REPLY AND EMAIL

TO C. WIEST (0.8); PHONE CALLS TO B. SCHELSKE AND C. MORRISON ABOUT

ADDITIONAL INFORMATION (0.2)

1.1   875.00$ $         962.50

11/18/2022 Wendy Cox PHONE CALL WITH D. STONE TO DISCUSS EVIDENTIARY MOTION 0.3 875.00$   $         262.50

11/18/2022 Wendy Cox REVISE REPLY BRIEF (1.2); ZOOM CALL WITH C. WIEST, A. SIRI, E. BREHM, T.

BRUNS, D. STONE ABOUT REQUEST FOR DISCOVERY (0.3); DRAFT AND SEND

EMAIL TO DOJ (0.2)

1.7 875.00$   $     1,487.50

11/20/2022 Wendy Cox EDIT DECLARATIONS FOR S. GALLOWAY AND R. SCHELSKE (0.5); EMAIL

DECLARATION TO G. GALLOWAY (0.1)

0.6 875.00$   $         525.00

11/20/2022 Wendy Cox ORGANIZE PRINTED OPPOSITION MOTION WITH EXHIBITS INTO BINDERS 0.5 $        ‐ $                ‐

Page 8 of 35

43

Case 6:22-cv-00049-H Document 157 Filed 01/22/24 Page 43 of 153 PageID 3063
11/21/2022 Dana Stone Smith REVIEW EMAIL FROM J. SULLIVAN REGARDING DRAFT REPLY (.2); REVIEW

SUGGESTED CHANGES TO REPLY BY C. WIEST (.9); REVIEW EMAIL FROM

OPPOSING COUNSEL REGARDING INFORMATION REQUEST (.1)

1.2 775.00$   $         930.00

11/21/2022 Elizabeth Brehm REVIEW AND EDIT REPLY BRIEF 1.3 975.00$   $      1,267.50

11/21/2022 Gina Mannella

PROOFREAD AND EDIT MOTION FOR LEAVE TO FILE (.5); PREPARE CERTIFICATE

OF CONFERENCE AND PROPOSED ORDER (.5); SEND ALL FILING DOCUMENTS TO

W. COX FOR REVIEW (.1); FILE MOTION FOR LEAVE TO FILE (.2)

1.3 240.00$   $         312.00

11/21/2022 Nicky Tenney ECF DOWNLOAD, SAVE AND CIRCULATE (.1) 0.1 $        ‐ $                ‐

11/21/2022 Wendy Cox PHONE CALLS WITH C. WIEST ABOUT CASE (0.5); PHONE CALL WITH Z. BUFKIN

(0.3)

0.8 875.00$   $         700.00

11/21/2022 Wendy Cox PHONE CALL WITH C. WIEST AND R. SCHELSKE (0.3) 0.3 875.00$   $         262.50

11/21/2022 Wendy Cox DRAFT MOTION FOR EXTENSION OF PAGE LIMIT 0.7 875.00$   $         612.50

11/21/2022 Wendy Cox PHONE CALL WITH J. SULLIVAN ABOUT PAGE EXTENSION REQUEST (0.1); PHONE

CALL WITH C. WIEST (0.2)

0.3 875.00$   $         262.50

11/22/2022 Aaron Siri TURN REPLY BRIEF (1.3); SEND EDITS TO THE TEAM (0.1); CALLS REGARDING

SAME (0.6)

2 975.00$   $      1,950.00

11/22/2022 Dana Stone Smith REVIEW FINAL REPLY BRIEF EDITS SENT BY A. SIRI 0.9 $       ‐ $                ‐

11/22/2022 Elizabeth Brehm REVIEW TEAM EMAILS CONCERNING FINALIZING AND FILING REPLY BRIEF (0.5);

CALL WITH W. COX TO DISCUSS CITATIONS IN FINAL BRIEF (0.1); EMAILS WITH

TEAM ABOUT FIRM CV FOR CLASS CERTIFICATION FILING (0.1); REVIEW AND EDIT

FIRM CV FOR CLASS CERTIFICATION FILING (0.2)

0.9 $        ‐ $                ‐

11/22/2022 Gina Mannella

CALL WITH W. COX REGARDING FILING OF REPLY BRIEF (.4); EMAIL TO N. TENNEY

REGARDING SAME (.1); CONFIRM ECF FILING STATUS FOR A. SIRI IN NORTHERN

DISTRICT OF TEXAS; (.2) RESEARCH LOCAL RULES AND CALL ECF HELP DESK TO

CLARIFY FILING REQUIREMENTS (.3); CONVERT FIRM CURRICULUM VITAE FROM

PDF TO WORD DOCUMENT AND SEND TO E. BREHM (.4); REVISE FIRM

CURRICULUM VITAE WITH D. STONE INFORMATION (.2); PROOF AND ASSEMBLE

REPLY BRIEF FOR FILING (3.5); SEND TO W. COX AND N. TENNEY FOR REVIEW (.1);

PREPARE REPLY BRIEF FOR FILING AND FILE SAME (.5)

5.7 $       ‐ $                ‐

11/22/2022 Nicky Tenney ECF DOWNLOAD, SAVE AND CIRCULATE (.1); REVIEW REPLY BRIEF (.1); CALLS

AND EMAILS WITH G. MANNELLA AND W. COX REGARDING REPLY BRIEF (.2);

EDIT REPLY BRIEF (1.0)

1.4 $        ‐ $                ‐

11/22/2022 Wendy Cox

REVISE DECLARATION FOR B. SCHELSKE (0.5); DRAFT AND SEND EMAILS TO B.

SCHELSKE (0.2); ZOOM CALL WITH A. SIRI, E. BREHM, C. WIEST, W. MOLLER (0.3)

1 875.00$   $         875.00

11/22/2022 Wendy Cox PHONE CALL WITH C. WIEST REGARDING CLASS CERT MOTION (0.3); PHONE CALL

WITH A. SIRI (0.1); PHONE CALL WITH G. MANNELLA ABOUT FILING OF REPLY

(0.4)

0.8 875.00$   $         700.00

11/22/2022 Wendy Cox DRAFT PARAGRAPH FOR REPLY BRIEF AND CLASS CERT MOTION 1 875.00$   $         875.00

11/22/2022 Wendy Cox PHONE CALL WITH D. STONE REGARDING DISCOVERY (0.3) 0.3   875.00$ $         262.50

11/22/2022 Wendy Cox FINAL REVIEW OF REPLY BRIEF 0.9 875.00$   $         787.50

11/22/2022 Wendy Cox REVIEW CLASS CERTIFICATION MOTION AND MEMO OF LAW; (2.0); READ AND

RESPOND TO TEAM EMAILS (1.0)

3 875.00$   $      2,625.00

11/22/2022 Wendy Cox WORK ON REVISION TO RESUME/CURRICULUM VITAE 0.9 $        ‐ $                ‐

11/22/2022 Wendy Cox READ AND RESPOND TO EMAILS ABOUT CITATION ISSUES IN REPLY (0.4);

PLAINTIFFS SABALLA AND COSTROFF RECEIVING GOMOR'S (0.2)

0.6 875.00$   $         525.00

11/22/2022 Wendy Cox FINALIZE REPLY BRIEF WITH EXHIBITS FOR FILING 1.2 875.00$   $      1,050.00

11/23/2022 Aaron Siri REVIEW AND EDIT DRAFT MOTION FOR CLASS CERTIFICATION AND REVIEW

CERTAIN CASES CITED THEREIN AND COMMUNICATIONS REGARDING SAME

WHILE REVIEWING (3.3); CONFERENCE CALLS WITH TEAM RELATED TO CLASS

CERT AND CLASS PI FILING (.7); ADDITIONAL RESEARCH RELATED TO ISSUES

RAISED DURING SAME (.6); EDIT AND FINALIZE AND SEND DRAFT FIRM CV TO C.

WIEST (.5); REVIEW MOTION FOR PRELIMINARY INJUNCTION AND CALLS

REGARDING SAME (.8); CALLS WITH E. BREHM, C. WIEST AND W. COX

REGARDING VARIOUS FILING ISSUES (1.1)

7   975.00$ $     6,825.00

11/23/2022 Dana Stone Smith REVIEW CLASS CERTIFICATION BRIEF (.7); TEAM STRATEGY MEETING (.5);

PREPARE NOTICE OF FACTUAL DEVELOPMENT REGARDING GOMOR AND SEND

TO W. COX FOR REVIEW (.5)

1.7 775.00$   $      1,317.50

11/23/2022 Elizabeth Brehm REVIEW AND EDIT CLASS CERTIFICATION MOTION (0.2); REVIEW AND EDIT CLASS

CERTIFICATION MEMORANDUM OF LAW IN SUPPORT OF MOTION (0.9); REVIEW

AND EDIT PRELIMINARY INJUNCTION NOTICE OF MOTION (.5)

1.6 975.00$   $     1,560.00

Page 9 of 35

44

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11/23/2022 Gina Mannella PROOF AND ASSEMBLE MOTION FOR CLASS CERTIFICATION AND MEMO IN

SUPPORT AND PROPOSED ORDER FOR FILING (6.2)

6.2 240.00$   $      1,488.00

11/23/2022 Nicky Tenney REVIEW EMAIL FROM G. MANNELLA REGARDING FILING (.1); EMAILS WITH G.

MANNELLA AND W. COX AND E. BREHM REGARDING PLEADINGS THAT NEED TO

BE FILED (.1); EDIT PLEADINGS (.3); EMAILS WITH W. COX REGARDING SAME (.1);

ECF FILING, DOWNLOAD, SAVE AND CIRCULATE (.1); EDIT PLEADINGS (1.0);

EMAILS AND CALLS WITH W. COX REGARDING SAME (.1); REVIEW AND EDIT

PLEADINGS (.7); EMAILS WITH G. MANNELLA AND W. COX REGARDING SAME

(.1); ECF FILING, DOWNLOAD, SAVE AND CIRCULATE (.4); PROPOSED ORDERS

EMAILED TO JUDGE (.1); UPDATE DRAFTS IN CLIO (.1)

3.2 $       ‐ $                ‐

11/23/2022 Wendy Cox TEAMS MEETING WITH A. SIRI AND E. BREHM (0.1); READ AND RESPOND TO

EMAILS REGARDING CLASS DEFINITION (0.4)

0.5 875.00$   $         437.50

11/23/2022 Wendy Cox FORMAT FIRM CV FOR CLASS CERTIFICATION MOTION WITH G. MANNELLA ON

ZOOM

1.4 $        ‐ $                ‐

11/23/2022 Wendy Cox PHONE CALL WITH Z. BUFKIN (0.2); READ AND RESPOND TO EMAILS FROM CO‐

COUNSEL AND PLAINTIFFS (0.3)

0.5   875.00$ $         437.50

11/23/2022 Wendy Cox REVIEW MOL IN SUPPORT OF CLASS PI 2 875.00$   $      1,750.00

11/23/2022 Wendy Cox TEAM MEETING WITH A. SIRI ABOUT CASE ISSUES (0.4); TEAM MEETING WITH A.

SIRI, C. WIEST, T. BRUNS, D. STONE, AND E. BREHM ABOUT CASE (0.5); READ AND

RESPOND TO EMAILS ON CLASS DEFINITION AND OTHER CASE ISSUES (0.8);

PHONE CALL WITH D. STONE REGARDING NOTICE OF SUPPLEMENTAL FACTUAL

DEVELOPMENT (0.2)

1.9   875.00$ $     1,662.50

11/23/2022 Wendy Cox REVIEW AND REVISE FACTUAL DEVELOPMENT NOTICE (0.5); REVIEW AND EMAIL

WITH G. MANNELLA AND N. TENNEY ABOUT CLASS CERTIFICATION AND CLASS PI

REQUEST AND FACTUAL DEVELOPMENT NOTICE (2.2)

2.7 875.00$   $      2,362.50

11/24/2022 Nicky Tenney RULES CHECK (.1); CALENDAR MOTIONS (.3) 0.4 $        ‐ $                ‐

11/28/2022 Dana Stone Smith

REVIEW NOTICE OF ERRATUM AND VARIOUS TEAM EMAILS REGARDING SAME

0.4 $        ‐ $                ‐

11/28/2022 Nicky Tenney ECF DOWNLOAD, SAVE AND CIRCULATE (.1) 0.1 $        ‐ $                ‐

11/28/2022 Wendy Cox FINALIZE M. COLANTONIO DISCOVERY PRODUCTION 0.6 875.00$   $         525.00

11/28/2022 Wendy Cox READ AND EDIT N. SABALLA'S REPLY TO HIS GENERAL OFFICER REPRIMAND 1 875.00$   $         875.00

11/29/2022 Gina Mannella DRAFT LETTER FOR D. STONE CERTIFICATE OF GOOD STANDING (.5); SEND SAME

TO K. HERTZ FOR CHECK AND MAILING (.1); CALL WITH K. HERTZ REGARDING

RETURN ENVELOPE (.1)

0.7 $       ‐ $                ‐

11/29/2022 Wendy Cox READ AND RESPOND TO EMAILS FROM PLAINTIFFS 0.5 875.00$   $         437.50

11/30/2022 Aaron Siri ZOOM MEETING WITH E. BREHM, W. COX, D. STONE, C. WIEST, T. BRUNS AND G.

MANNELLA TO DISCUSS CASE ISSUES

0.3 975.00$   $         292.50

11/30/2022 Elizabeth Brehm ATTEND TEAMS CALL TO DISCUSS NEXT STEPS ON CASE AND EXTENSION ON

PAGE LIMIT FOR REPLY

0.3 975.00$   $         292.50

11/30/2022 Wendy Cox ZOOM MEETING WITH A. SIRI, E. BREHM, D. STONE, C. WIEST, T. BRUNS AND G.

MANNELLA TO DISCUSS CASE ISSUES

0.3 875.00$   $         262.50

12/1/2022 Nicky Tenney ECF DOWNLOAD, SAVE AND CIRCULATE (.1) 0.1 $        ‐ $                ‐

12/2/2022 Dana Stone Smith PHONE CALL WITH W. COX TO COORDINATE DISCOVERY FOLDERS AND

SYNCHRONIZE OTHER DOCUMENTS TO CLIO

0.5 $       ‐ $                ‐

12/2/2022 Wendy Cox EMAIL WITH J. COSTROFF ABOUT EXTENSION ISSUE 0.1 875.00$   $            87.50

12/4/2022 Wendy Cox READ AND RESPOND TO EMAILS FROM PLAINTIFFS 0.2 875.00$   $         175.00

12/5/2022 Dana Stone Smith PHONE CALL WITH W. COX TO DISCUSS AND

IMPLICATIONS TO CLASS ACTION SUIT (.8); RESEARCH   IN CLASS

ACTIONS (.8)

1.6   775.00$ $      1,240.00

12/5/2022 Wendy Cox DRAFT NOTICE OF SUBSEQUENT FACTUAL DEVELOPMENTS FOR PLAINTIFF C.

MELL AND EMAIL TO C. WIEST

1.6 875.00$   $      1,400.00

12/5/2022 Wendy Cox PHONE CALL WITH D. MELL ABOUT HIS SITUATION WITH WEST POINT

SEPARATION AND POSSIBLE TRO

0.2 875.00$   $         175.00

12/6/2022 Dana Stone Smith REVIEW NOTICE OF FACTUAL DEVELOPMENT EMAILED BY W. COX 0.2 $        ‐ $                ‐

12/6/2022 Elizabeth Brehm REVIEW AND RESPOND TO C. WIEST EMAILS ABOUT REQUESTED EXTENSION

FROM GOVERNMENT (0.2)

0.2 975.00$   $         195.00

12/6/2022 Wendy Cox REVIEW DECLARATION OF COLONEL RUTHERFORD (0.5);  DRAFT EMAIL TO E.

BREHM. C. WIEST, T. BRUNS, D. STONE, A. SIRI, AND J. SULLIVAN REGARDING

TRIGGER POINT FOR TRO (0.2)

0.7   875.00$ $         612.50

12/6/2022 Wendy Cox REVISE NOTICE OF FACTUAL DEVELOPMENT AND EMAIL TO C. WIEST FOR

REVIEW

1.1 875.00$   $         962.50

12/6/2022 Wendy Cox READ AND RESPOND TO PLAINTIFFS EMAILS 0.4 875.00$   $         350.00

12/7/2022 Dana Stone Smith DRAFT NOTICE OF FACTUAL DEVELOPMENT FOR C. MORRISON (.5) 0.5 775.00$   $         387.50

Page 10 of 35

45

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12/7/2022 Gina Mannella REVIEW DEFENDANTS ECF FILING (.4); PROOFREAD AND REVISE D. MELL NOTICE

OF SUPPLEMENTAL FACTS FOR FILING AND SEND TO W. COX FOR FINAL REVIEW

(.7); EMAILS WITH W. COX REGARDING DOCUMENTS FOR FILING (.4); FILE

NOTICE FOR D. MELL (.2); PROOFREAD AND REVISE C. MORRISON NOTICE OF

SUPPLEMENTAL FACTS AND SEND TO W. COX FOR FINAL REVIEW (.3); FILE C.

MORRISON NOTICE (.2)

2.2   240.00$ $         528.00

12/7/2022 Nicky Tenney ECFS DOWNLOAD, SAVE AND CIRCULATE (.3) 0.3 $        ‐ $                ‐

12/7/2022 Wendy Cox PHONE CALL WITH D. MELL ABOUT RECOUPMENT RESPONSE AND

SUPPLEMENTAL FILING DECLARATION (0.2); EMAIL SENT TO PLAINTIFF ABOUT

PHONE CALL (0.1)

0.3 875.00$   $         262.50

12/7/2022 Wendy Cox PHONE CALL WITH D. STONE TO DISCUSS SUPPLEMENTAL FILINGS 0.3 875.00$   $         262.50

12/7/2022 Wendy Cox FINAL REVIEW OF SUPPLEMENTAL FACTUAL DEVELOPMENT FILING DOCUMENTS

(0.5); EMAIL TO G. MANNELLA FOR FILING (0.1)

0.6 875.00$   $         525.00

12/7/2022 Wendy Cox REVIEW AND REVISE NOTICE OF SUBSEQUENT FACTUAL DEVELOPMENT FOR

GOMOR (0.8); EMAIL TO G. MANNELLA (0.1)

0.9 875.00$   $         787.50

12/8/2022 Aaron Siri REVIEW COURT ENTRIES REGARDING MEETING TODAY (0.1);  CONFERENCE CALL

WITH INTERNAL TEAM AND CO‐COUNSEL REGARDING CALL WITH THE COURT

TODAY (0.5); CALL WITH COURT (0.7); FOLLOW‐UP DISCUSSION REGARDING

HEARING AND RESEARCH RELATED TO SAME (.5)

1.8 975.00$   $      1,755.00

12/8/2022 Dana Stone Smith ZOOM MEETINGS REGARDING PI HEARING (1.0) 1 775.00$   $         775.00

12/8/2022 Elizabeth Brehm TEAM ZOOM CALL TO PREPARE FOR COURT CONFERENCE (0.5); ATTEND COURT

TELEPHONIC CONFERENCE (0.7); TEAM ZOOM AFTER COURT CALL TO DISCUSS

PRELIMINARY INJUNCTION HEARING (0.5)

1.7 975.00$   $      1,657.50

12/8/2022 Gina Mannella

TEXTS AND EMAILS WITH W. COX AND D. STONE REGARDING D. STONE

CERTIFICATE OF GOOD STANDING (.1); CALL WITH W. COX REGARDING

UPLOADING PLAINTIFFS DOCUMENTS TO DROPBOX (.3); CREATE PLAINTIFF

FOLDERS IN DROPBOX AND UPLOAD PLAINTIFF DOCUMENTS TO RESPECTIVE

FOLDERS (.7); REVIEW EMAIL FROM N. TENNEY CONTAINING JUDGES ORDER (.1)

1.2 $       ‐ $                ‐

12/8/2022 Nicky Tenney ECF DOWNLOAD, SAVE AND CIRCULATE (.1); CALL WITH W. COX (.1) 0.2 $        ‐ $                ‐

12/8/2022 Wendy Cox READ AND RESPOND TO EMAIL FROM JUDGE HENDRIX'S CLERK 0.2 875.00$   $         175.00

12/8/2022 Wendy Cox

PHONE CALL WITH T. BRUNS REGARDING SCHEDULING OF POSSIBLE PI HEARING

0.2 875.00$   $         175.00

12/8/2022 Wendy Cox

PHONE CALL WITH D. MELL REGARDING SCHEDULING FOR POSSIBLE PI HEARING

0.1 875.00$   $            87.50

12/8/2022 Wendy Cox PHONE CALL WITH R. SCHELSKE REGARDING SCHEDULING FOR PI HEARING 0.1   875.00$ $           87.50

12/8/2022 Wendy Cox PHONE CALL WITH N. TENNEY ABOUT SCHEDULING PHONE CONFERENCE 0.1 875.00$   $            87.50

12/8/2022 Wendy Cox PHONE CALL WITH G. MANNELLA REGARDING DROPBOX UPDATE FOR CASE 0.3 $        ‐ $                ‐

12/8/2022 Wendy Cox

ZOOM CALL WITH E. BREHM, A. SIRI, C. WIEST, T. BRUNS, AND D. STONE TO PREP

FOR JUDGES SCHEDULING CALL AT 3 PM AND THEN AGAIN AFTER THE CALL (1.0)

1   875.00$ $         875.00

12/8/2022 Wendy Cox CONFERENCE CALL WITH JUDGE HENDRIX, DEFENDANTS ATTORNEY AND

PLAINTIFF ATTORNEYS

0.7 875.00$   $         612.50

12/8/2022 Wendy Cox PHONE CALL WITH D. MELL ABOUT HEARING ON DECEMBER 16, 2022 0.2 875.00$   $         175.00

12/8/2022 Wendy Cox PHONE CALL WITH B. SCHELSKE ABOUT PI HEARING NEXT FRIDAY, DECEMBER 16

2022

0.2 875.00$   $         175.00

12/8/2022 Wendy Cox PHONE CALL WITH C. WIEST AND POTENTIAL WITNESS FOR PI HEARING ON

DECEMBER 16 2022

0.8 875.00$   $         700.00

12/8/2022 Wendy Cox RESEARCH ON GOVERNMENT WITNESS SUBPOENA ISSUE AND TEXT OF ACT

RESCINDING THE MILITARY VACCINE MANDATE

1.2 875.00$   $     1,050.00

12/9/2022 Aaron Siri EDIT DRAFT EMAIL TO DOJ AND DISCUSSIONS RELATED TO SAME 0.7 975.00$   $         682.50

12/9/2022 Dana Stone Smith REVIEW NDAA VACCINE MANDATE LANGUAGE (.2) ZOOM MEETING TO DISCUSS

OPPOSING COUNSEL'S EMAIL REQUESTING FURTHER DELAY ON HEARING (.5);

PHONE CALL WITH W. COX TO DISCUSS HEARING PREP (.4); REVIEW VARIOUS

EMAILS FROM GROUP WITH RESPONSIVE EMAIL DRAFT (.9) REVIEW RESEARCH

SUMMARY FROM W. COX ON POST‐DISCHARGE PROCEDURES (.4); REVIEW

PRELIMINARY INJUNCTION HEARING ORDER (.2); PREP SUBPOENA FOR J.

GARWACKI AND SEND TO W. COX FOR REVIEW (.4)

3   775.00$ $     2,325.00

Page 11 of 35

46

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12/9/2022 Gina Mannella EMAILS WITH W. COX REGARDING RESERVATION OF CONFERENCE ROOM FOR

HEARING ON DECEMBER 16 (.3); CALLS TO RESIDENCE INN REGARDING

CONFERENCE ROOM (.2); CALLS WITH W. COX AND OTHER HOTELS IN THE AREA

REGARDING RESERVATION OF CONFERENCE ROOM (1.5); REVIEW OF ECF COURT

ORDER REGARDING HEARING (.1); REVIEW CONTRACT FROM HILTON GARDEN

INN REGARDING CONFERENCE ROOM (.2);  REVIEW CONTRACT FROM

COURTYARD INN REGARDING CONFERENCE ROOM RESERVATION AND SEND

SAME TO W. COX (.3)

2.6 $       ‐ $                ‐

12/9/2022 Nicky Tenney ECFS DOWNLOAD, SAVE AND CIRCULATE (.3); CALENDAR (.2); CALL WITH WENDY

REGARDING POTENTIAL CALENDARING (.1); REVIEW PLEADINGS (.1)

0.7 $        ‐ $                ‐

12/9/2022 Wendy Cox REVIEW CLIENT FILES IN PREPARATION FOR PI HEARING 0.9   875.00$ $         787.50

12/9/2022 Wendy Cox ZOOM CALL WITH C. WIEST, A. SIRI, T. BRUNS, D. STONE ABOUT DOJ EMAIL TO

POSTPONE PI HEARING

0.5 875.00$   $         437.50

12/9/2022 Wendy Cox PHONE CALL WITH G. MANNELLA ABOUT CONFERENCE ROOM RESERVATION

FOR PI HEARING PREP

0.4 $        ‐ $                ‐

12/9/2022 Wendy Cox READ AND RESPOND TO EMAILS FROM TEAM AND PLAINTIFFS (3.1); PHONE CALL

WITH C. WIEST AND A. SIRI REGARDING RESPONSE TO DOJ (0.1); CALL WITH T.

BRUNS REGARDING JUDGE'S ORDER (0.2)

3.4   875.00$ $     2,975.00

12/9/2022 Wendy Cox ZOOM WITH A. SIRI, C. WIEST, J. SULLIVAN, T. BRUNS REGARDING RESPONSE TO

DOJ'S EMAIL TO DELAYING PI HEARING

0.8 875.00$   $         700.00

12/9/2022 Wendy Cox REVIEW AND EDIT PLAINTIFFS' OPPOSITION TO DEFENDANTS' MOTION TO

CONTINUE

0.4 875.00$   $         350.00

12/9/2022 Wendy Cox DRAFT AND SEND UPDATE EMAIL TO PLAINTIFFS 0.6 875.00$   $         525.00

12/10/2022 Gina Mannella

EMAIL TO HILTON GARDEN INN DECLINING CONFERENCE ROOM RESERVATION

0.1 $        ‐ $                ‐

12/10/2022 Nicky Tenney ECF DOWNLOAD, SAVE AND CIRCULATE (.1) 0.1 $       ‐ $                ‐

12/10/2022 Wendy Cox READ AND RESPOND TO EMAIL ABOUT PI HEARING PREPARATION. 0.5 875.00$   $         437.50

12/11/2022 Aaron Siri VARIOUS CONFERENCE CALLS WITH INTERNAL AND CO‐COUNSEL TO PREPARE

FOR HEARING

2.4 975.00$   $      2,340.00

12/11/2022 Dana Stone Smith REVIEW VARIOUS EMAILS FROM W. COX AND C. WIEST REGARDING WITNESS

PREPARATION, EXHIBITS, AND SUBPOENAS(1.0); TEAM ZOOM MEETING (1.8)

2.8   775.00$ $     2,170.00

12/11/2022 Dana Stone Smith REVIEW DEFENDANT'S MOTION FOR LEAVE TO COMBINE RESPONSES TO

PLAINTIFFS' MOTIONS AND FILE EXCESS PAGES (.3); REVIEW DEFENDANTS'

EXHIBITS 6 AND 7 AND EMAIL COMMENTARY FROM A. SIRI (.5); REVIEW MOTION

IN LIMINE ORDER (.1); REVIEW EXHIBIT 1 (331 PAGES) (1.7); REVIEW

TRANSCRIPTS FROM THE MARINE CORPS PRELIMINARY INJUNCTION AND AIR

FORCE TRO HEARINGS (2.5)

5.1   775.00$ $     3,952.50

12/11/2022 Dana Stone Smith REVIEW PLAINTIFFS' MOTION IN LIMINE (.5); REVIEW DEFENDANTS' OPPOSITION

TO MOTION IN LIMINE (.6); RESEARCH BACKGROUND INFORMATION FOR JUDGE

HENDRIX FOR TEAM AND CIRCULATE (.8)

1.9 775.00$   $      1,472.50

12/11/2022 Elizabeth Brehm ATTEND ZOOM WITH TEAM TO DISCUSS PRELIMINARY HEARING INJUNCTION 1.8 975.00$   $     1,755.00

12/11/2022 Gina Mannella TEAM ZOOM MEETING REGARDING PRELIMINARY INJUNCTION HEARING ON

DECEMBER 16

1.8 240.00$   $         432.00

12/11/2022 Gina Mannella REDACT PERSONALLY IDENTIFIABLE INFORMATION FROM EXHIBITS FOR

PRELIMINARY HEARING AND UPLOAD TO DROPBOX

1.2 $        ‐ $                ‐

12/11/2022 Wendy Cox ZOOM CALL WITH D. STONE, A. SIRI, G. MANNELLA, E. BREHM, C. WIEST, T.

BRUNS TO PREPARE FOR PI HEARING ON 16 DECEMBER

1.8   875.00$ $     1,575.00

12/11/2022 Wendy Cox WORK ON DEMONSTRATIVE EVIDENCE FOR PI HEARING 1.6 875.00$   $      1,400.00

12/11/2022 Wendy Cox READ, DRAFT AND SEND EMAILS TO ARMY PLAINTIFFS AND THOSE TESTIFYING

AT THE PI HEARING

0.4 875.00$   $         350.00

12/12/2022 Aaron Siri CONFERENCE CALL WITH INTERNAL AND CO‐COUNSEL REGARDING

DEMONSTRATIVES FOR HEARING

1   975.00$ $         975.00

12/12/2022 Dana Stone Smith

RESPOND TO J. GARWACKI REGARDING SUBPOENA QUESTIONS (.2); PHONE CALL

WITH W. COX TO DISCUSS CHART EDITS (.3); PROOF NUMBERS ON CHARTS (.5);

CONDUCT  REVIEW OF RELIGIOUS ACCOMMODATION GRAPHIC CHART AND

SEND CORRECTIONS TO W. COX (1.0); REVIEW DOSTER TRANSCRIPTS (2.0);  

REVIEW DEFICIENCY LETTER DRAFT FROM C. WIEST (.5); REVIEW EXHIBITS FOR

PRELIMINARY INJUNCTION HEARING (1.5); ZOOM MEETING TO DISCUSS GRAPHIC

EXHIBITS (1.0) FOLLOW‐UP ZOOM WITH W. COX AND G. MANNELLA TO DISCUSS

EXHIBIT PREPARATION (.5); SEND FOLLOW UP EMAIL TO TEAM WITH UP TO DATE

LIST OF WHICH PLAINTIFFS WILL AND WILL NOT ATTEND HEARING (.2); PREVIEW

AND EMAIL FINALIZED GRAPHIC CHARTS TO B. LINBERG (.2)

7.9   775.00$ $      6,122.50

Page 12 of 35

47

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12/12/2022 Elizabeth Brehm ATTEND TEAMS MEETING WITH W. COX TO DISCUSS ARMY VACCINATION

STATISTICS AND CHARTS TO CREATE (0.3); ATTEND TEAM ZOOM TO REVIEW

CHARTS FOR EXHIBITS FOR PRELIMINARY HEARING (0.3); ATTEND SECOND

TEAMS MEETING TO DISCUSS FINALIZING EXHIBITS AND CHARTS WITH

UNDERLYING DATA (0.3)

0.9 975.00$   $         877.50

12/12/2022 Gina Mannella EMAILS WITH W. COX AND D. STONE REGARDING SERVICE OF SUBPOENA (.4);

CALLS WITH COURTROOM DEPUTY TO ARRANGE IT TOUR FOR HEARING (.2);

EMAILS WITH W. COX AND C. WIEST REGARDING EXHIBIT BINDERS (.1);

ASSEMBLY OF EXHIBIT BINDERS (4.6); ZOOM MEETING WITH ATTORNEYS

REGARDING HEARING (1.0); CALL AND TEXTS WITH W. COX AND D. STONE

REGARDING EXHIBIT 9 CHARTS AND PLAINTIFFS ATTENDANCE AT HEARING (.5);

REVISE RULE 1001 EXHIBIT AND SEND TO C. WIEST FOR REVIEW (1.0)

7.8   240.00$ $     1,872.00

12/12/2022 Nicky Tenney ECF DOWNLOAD, SAVE AND CIRCULATE (.1) 0.1 $        ‐ $                ‐

12/12/2022 Wendy Cox WORK ON GRAPH CHARTS AND ENTER DATA FOR CHARTS FOR PI HEARING 4.5 875.00$   $     3,937.50

12/12/2022 Wendy Cox ATTEND ZOOM WITH A. SIRI, E. BREHM, T. BRUN, D. STONE, C. WIEST

REGARDING CHARTS FOR HEARING

1.1 875.00$   $         962.50

12/12/2022 Wendy Cox ZOOM WITH D. STONE AND G. MANNELLA TO DISCUSS FINALIZING DISCOVERY

CHARTS AND EXCEL SPREADSHEET

0.5 875.00$   $         437.50

12/12/2022 Wendy Cox FINALIZE EXHIBITS 8 AND 9 1.1 875.00$   $         962.50

12/12/2022 Wendy Cox ZOOM CALL WITH 18 PLAINTIFFS 1   875.00$ $         875.00

12/12/2022 Wendy Cox PHONE CALL WITH C. WIEST ABOUT WITNESSES 0.1 875.00$   $            87.50

12/12/2022 Wendy Cox PHONE CALLS TO PLAINTIFFS REGARDING THEIR AVAILABILITY FOR THE PI

HEARING

0.7 875.00$   $         612.50

12/13/2022 Aaron Siri CONFERENCE CALL WITH INTERNAL AND CO‐COUNSEL REGARDING RESPONDING

TO OPPOSING COUNSEL REQUEST AND TO REVIEW DEMONSTRATIVE AND

OTHER HEARING CONSIDERATIONS

1.2   975.00$ $     1,170.00

12/13/2022 Dana Stone Smith

REVIEW UPDATED CHARTS FROM B. LINBERG AND CIRCULATE TO GROUP (.3);

ZOOM MEETING TO EDIT RESPONSIVE EMAIL TO OPPOSING COUNSEL (1.2)

1.5 775.00$   $      1,162.50

12/13/2022 Elizabeth Brehm ATTEND TEAM ZOOM TO FINALIZE EXHIBITS AND DISCUSS WITNESS

PREPARATION FOR PRELIMINARY INJUNCTION HEARING (0.2); REVIEW AND

RESPOND TO TEAM EMAILS CONCERNING WITNESSES AND LENGTHS OF BRIEFS

FOLLOWING DOJ'S REQUEST FOR EXTENSION (0.3)

0.5   975.00$ $         487.50

12/13/2022 Nicky Tenney ECFS DOWNLOAD, SAVE AND CIRCULATE (.2) 0.2 $        ‐ $                ‐

12/13/2022 Wendy Cox ZOOM WITH A. SIRI, E. BREHM, D. STONE, C. WIEST, T. BRUNS TO DISCUSS

CHARTS

0.2 875.00$   $         175.00

12/13/2022 Wendy Cox PHONE CALL WITH S. GALLOWAY ABOUT POSSIBLE ATTENDANCE AT THE

HEARING

0.3 875.00$   $         262.50

12/13/2022 Wendy Cox READ AND RESPOND TO EMAILS FROM TEAM 1.8 875.00$   $      1,575.00

12/13/2022 Wendy Cox ZOOM CALL WITH A. SIRI, E. BREHM, T. BRUNS, G. MANNELLA, AND C. WIEST

REGARDING CHARTS AND SUBPOENA ISSUE

1 875.00$   $         875.00

12/13/2022 Wendy Cox PHONE CALL WITH Z. BUFKIN REGARDING APPEARANCE AT THE PI HEARING AND

TRAVEL ARRANGEMENTS

0.3   875.00$ $         262.50

12/13/2022 Wendy Cox PHONE CALLS WITH WITNESS 0.7 875.00$   $         612.50

12/13/2022 Wendy Cox RESEARCH ON SUBPOENA ISSUE (0.9); EMAILS TO CO‐COUNSEL ON SUBPOENA

ISSUE (0.3); PHONE CALL WITH T. BRUNS REGARDING SUBPOENA ISSUE (0.4);

DRAFT AND SEND EMAIL TO DOJ REGARDING WITNESS LIST (0.3)

1.9   875.00$ $     1,662.50

12/13/2022 Wendy Cox DRAFT AND SEND EMAIL TO CO‐COUNSEL REGARDING WITNESSES FOR DOJ 0.2 875.00$   $         175.00

12/13/2022 Wendy Cox PHONE CALLS WITH G. MANNELLA REGARDING DISCOVERY AND PLAINTIFF

TRAVEL

0.3 875.00$   $         262.50

12/13/2022 Wendy Cox PREPARE FOR PI INJUNCTION HEARING 0.3 875.00$   $         262.50

12/13/2022 Wendy Cox PHONE CALL WITH POTENTIAL WITNESS FOR PI HEARING 0.2 875.00$   $         175.00

12/14/2022 Aaron Siri CALLS, DISCUSSIONS, AND EMAILS TO ADDRESS VARIOUS ISSUES RELATED TO

UPCOMING HEARING INCLUDING MOTION IN LIMINE, PREPARING WITNESSES,

AND RELATED MATTERS

3.4 975.00$   $      3,315.00

12/14/2022 Elizabeth Brehm CALL WITH A. SIRI AND C. WIEST ABOUT MOTION TO FILE WITH COURT

CONCERNING EXHIBITS (0.3); REVIEW AND EDIT MOTION TO COURT

CONCERNING EXHIBITS (0.4); CALL WITH A. SIRI TO DISCUSS PREPARATION FOR

HEARING AND WITNESSES (0.4)

1.1 975.00$   $     1,072.50

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12/14/2022 Gina Mannella

REVISE D. STONE PRO HAC VICE APPLICATION FOR FILING AND DRAFT PROPOSED

ORDER (.2); CALL TO CLERK REGARDING PROCEEDING WITHOUT LOCAL COUNSEL

(.1); FILE D. STONE PRO HAC VICE MOTION (.3); ARRANGE FLIGHT FOR H. BAKICH

(.6); ARRANGE HOTEL RESERVATION FOR H. BAKICH (.3); CALL WITH W. COX

REGARDING TRAVEL ARRANGEMENTS (.4); RESEARCH FLIGHTS FOR Z. BUFKIN

(.6); EMAILS AND CALLS TO Z. BUFKIN REGARDING FLIGHT RESERVATIONS (.4);

CALL WITH P. TESTA REGARDING FLIGHT RESERVATION (.1); ARRANGE FLIGHT

AND HOTEL RESERVATIONS FOR P. TESTA (.9); EMAILS TO H. BAKICH REGARDING

FLIGHT CONFIRMATION EMAIL (.1); CALL AMERICAN AIRLINES TO CORRECT H.

BAKICH NAME ON FLIGHT (.3); SCAN AND SEND FLIGHT ITINERARY TO H. BAKICH

(.1); ENTER OPPOSING COUNSEL CONTACT INFORMATION TO CLIO (.1)

4.5 $       ‐ $                ‐

12/14/2022 Nicky Tenney ECFS DOWNLOAD, SAVE AND CIRCULATE (.5); CALL WITH W. COX (.2) 0.7 $        ‐ $                ‐

12/14/2022 Wendy Cox RESEARCH ON SUBPOENA ISSUE FOR GOVERNMENT WITNESS 1.1 875.00$   $         962.50

12/14/2022 Wendy Cox PHONE CALL WITH POTENTIAL WITNESS FOR PI HEARING 0.4 875.00$   $         350.00

12/14/2022 Wendy Cox PHONE CALLS WITH A. SIRI AND C. WIEST ABOUT CASE AND PI HEARING

WITNESSES

0.5 875.00$   $         437.50

12/14/2022 Wendy Cox READ AND RESPOND TO EMAILS FROM PLAINTIFFS 0.8 875.00$   $         700.00

12/14/2022 Wendy Cox PHONE CALLS EMAILS WITH C. WIEST REGARDING MOTION IN LIMINE 0.4   875.00$ $         350.00

12/14/2022 Wendy Cox REVIEW EMAILS AND MOTION IN LIMINE 0.2 875.00$   $         175.00

12/14/2022 Wendy Cox PREPARE DOCUMENTS FOR PI HEARING 1 875.00$   $         875.00

12/14/2022 Wendy Cox REVIEW PI HEARING EXHIBITS FOR J. COSTROFF AND DRAFT OUTLINE 1.4 875.00$   $      1,225.00

12/14/2022 Wendy Cox REVIEW TRANSCRIPTS FROM PREVIOUS CASES TO PREPARE FOR PI HEARING 1.2 875.00$   $     1,050.00

12/15/2022 Aaron Siri TRAVEL TO LUBBOCK, TX AND REVIEW DECLARATIONS AND OUTLINE NOTES AND

CONTINUE TO PREPARE FOR HEARING DURING SAME INCLUDING MEETING WITH

CO‐COUNSEL IN LUBBOCK TO CONTINUE TO PREPARE

4.6 975.00$   $      4,485.00

12/15/2022 Gina Mannella BOOK FLIGHT FOR Z. BUFKIN AND MAKE HOTEL RESERVATION (.6); CALL

COURTYARD TO ALERT THEM REGARDING LATE CHECK INS FOR H. BAKICH P.

TESTA AND Z. BUFKIN (.1); REVIEW DEFENDANTS ECF FILINGS (.6); SEND FLIGHT

AND HOTEL ITINERARIES TO Z. BUFKIN (.1)

1.4 $        ‐ $                ‐

12/15/2022 Nicky Tenney

ECFS DOWNLOAD, SAVE AND CIRCULATE (.4); REVIEW PLEADING (.1); PREPARE

EXHIBITS AND EMAIL SAME WITH ORDER TO A. SIRI AND E. BREHM (.4)

0.9 $        ‐ $                ‐

12/15/2022 Wendy Cox PREPARE FOR PI HEARING AND PREPARE WITNESSES 14 875.00$   $    12,250.00

12/16/2022 Aaron Siri PRE‐HEARING DISCUSSIONS WITH CLIENTS AND CO‐COUNSEL AND TRAVEL TO

HEARING (1.2); ATTEND HEARING AND OUTLINE REBUTTAL POINTS AND

PERFORM VARIOUS RELATED TASKS DURING SAME AND RETURN TRAVEL FROM

SAME TO AUSTIN, TX (7.6)

8.8 975.00$   $     8,580.00

12/16/2022 Wendy Cox PI HEARING (6.0); PREP FOR PI HEARING (0.5); TRAVEL FROM PI HEARING (7.0) 13.5 875.00$   $    11,812.50

12/19/2022 Dana Stone Smith REVIEW DEFENDANTS' MEMORANDUM IN OPPOSITION TO CLASS CERTIFICATION

AND CLASS PRELIMINARY INJUNCTION (1.0); DRAFT MOTION FOR EXPEDITED

DISCOVERY AND MOTION FOR EXTENSION TO RESPOND TO DEFENDANTS'

MEMORANDUM (4.2); PHONE CALL WITH W. COX TO DISCUSS HEARING AND

MOTIONS (.2); REVIEW DEFENDANTS' APPENDIX TO MEMORANDUM IN

OPPOSITION TO CLASS MOTION (.9); REVIEW PROPOSED REVISIONS TO

DISCOVERY MOTION FROM TEAM (.7); REVIEW ARMY FC HEARING FOOTAGE FOR

TIMESTAMP PIN CITE (.5); DRAFT PROPOSED ORDER AND CIRCULATE TO GROUP

(.4)

7.9   775.00$ $     6,122.50

12/19/2022 Gina Mannella

EMAILS TO J. COSTROFF AND B. SCHELSKE REGARDING EXPENSE

REIMBURSEMENT FOR TRAVEL TO PRELIMINARY HEARING (.2); REVIEW EMAILS

AND RECEIPTS FROM J. COSTROFF AND B. SCHELSKE AND SEND TO K. HERTZ (.3);

EMAIL TO J. COSTROFF AND R. SCHELSKE TO CONFIRM MAILING ADDRESS (.1);

CALL WITH W. COX REGARDING DISCOVERY MOTION AND TRANSCRIPT (.3); CALL

TO COURT REPORTER REGARDING TRANSCRIPT OF PRELIMINARY HEARING (.1);

REVIEW LOCAL RULES FOR DISCOVERY MOTION FOR W. COX AND D. STONE (.2);

TEXTS AND EMAILS WITH W. COX AND D. STONE REGARDING DISCOVERY

MOTION AND NOTICE OF DEPOSITION (.6); EMAILS WITH J. COSTROFF

REGARDING SCHEDULING ZOOM MEETING WITH A. SIRI (.3); UPLOAD

DOCUMENTS FROM D. MELL TO CLIO AND DROPBOX FOLDERS (.2)

2.3 $       ‐ $                ‐

12/19/2022 Nicky Tenney ECFS DOWNLOAD, SAVE AND CIRCULATE (.2) 0.2 $        ‐ $                ‐

12/19/2022 Wendy Cox

PHONE CALL WITH D. STONE REGARDING REQUEST FOR EXPEDITED DISCOVERY

0.4 875.00$   $         350.00

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12/19/2022 Wendy Cox REVIEW PLAINTIFFS' MOTION FOR EXPEDITED CLASS DISCOVERY 1.6 875.00$   $      1,400.00

12/19/2022 Wendy Cox PHONE CALL WITH Z. BUFKIN CONCERNING 0.3 875.00$   $         262.50

12/19/2022 Wendy Cox REVIEW MOTION FOR EXTENSION 0.4 875.00$   $         350.00

12/19/2022 Wendy Cox READ AND RESPOND TO EMAILS FROM PLAINTIFFS 0.4 875.00$   $         350.00

12/19/2022 Wendy Cox REVIEW PLAINTIFF'S INTERROGATORIES AND REQUEST FOR PRODUCTION OF

DOCUMENTS

1   875.00$ $         875.00

12/19/2022 Wendy Cox PHONE CALL WITH G. MANNELLA TO DISCUSS FILING ISSUES 0.3 875.00$   $         262.50

12/20/2022 Elizabeth Brehm REVIEW EMAIL AND DECLARATION FROM ARMY CHAPLAIN FROM OTHER CASE

AND DISCUSS WITH A. SIRI

0.2 975.00$   $         195.00

12/21/2022 Aaron Siri

READ AND DISCUSS JUDGE'S DECISION ON THE PRELIMINARY INJUNCTION (0.5);

REVIEW CLASS CERTIFICATION DISCOVERY REQUESTS (0.3); ATTEND TEAMS

MEETING TO DISCUSS POTENTIAL CLASS DISCOVERY (1.2); REVIEW VARIOUS

PAPERS IN THE ACTION, INCLUDING CLASS BRIEFINGS, TRANSCRIPT, EXHIBITS

AND DECISION AND CONSIDER ISSUE OF POTENTIAL EXPEDITED DISCOVERY (2.6)

4.6   975.00$ $      4,485.00

12/21/2022 Dana Stone Smith REVIEW EMAIL TO J. WALKER FROM C. WIEST REGARDING DISCOVERY MOTION

(.4); REVIEW VARIOUS EMAILS FROM POTENTIAL ARMY CLASS MEMBERS (.5);

REVIEW CLASS DISCOVERY REQUEST EDITS FROM W. COX AND RESPONSIVE

COMMENTS FROM C. WIEST (.5); CONFERENCE CALL WITH OPPOSING COUNSEL

AND FOLLOW UP CALL WITH A. SIRI AND T. BRUNS (.7); REVIEW PRELIMINARY

INJUNCTION DECISION AND ORDER (1.2); TEAMS MEETING TO DISCUSS CLASS

DISCOVERY ISSUE AND REPLY BRIEF (1.1)

4.4   775.00$ $      3,410.00

12/21/2022 Elizabeth Brehm

READ AND DISCUSS JUDGE'S DECISION ON THE PRELIMINARY INJUNCTION (0.5);

REVIEW CLASS CERTIFICATION DISCOVERY REQUESTS (0.3); ATTEND TEAMS

MEETING TO DISCUSS POTENTIAL CLASS DISCOVERY (1.2); REVIEW D. STONE

SUMMARY OF CALL WITH DOJ TO DISCUSS DISCOVERY (0.1); COORDINATE

PAYMENT FOR TRANSCRIPT FROM PRELIMINARY INJUNCTION HEARING (0.2)

2.3   975.00$ $      2,242.50

12/21/2022 Gina Mannella

EMAILS WITH TEAM REGARDING SCHEDULING STRATEGY MEETING (.4); ATTEND

TEAM STRATEGY MEETING (1.2); CALLS AND EMAILS TO JUDGE HENDRIX COURT

REPORTER (.3); EMAIL TRANSCRIPT TO TEAM (.1); CALL WITH N. TENNEY

REGARDING PRELIMINARY HEARING EXHIBITS FOR A. SIRI (.1);  EMAILS WITH W.

COX REGARDING SUBJECT MATTER OF STRATEGY MEETING (.3)

2.4   240.00$ $         576.00

12/21/2022 Nicky Tenney ECFS DOWNLOAD, SAVE AND CIRCULATE (.3); CALL AND EMAILS WITH A. SIRI

AND G. MANNELLA (.1)

0.4 $        ‐ $                ‐

12/21/2022 Wendy Cox REVIEW PRELIMINARY INJUNCTION DECISION (1.2); DRAFT EMAIL AND SEND TO

ARMY PLAINTIFFS (0.2)

1.4 875.00$   $      1,225.00

12/22/2022 Aaron Siri PREPARE FOR CONFERENCE CALL WITH INTERNAL AND CO‐COUNSEL REGARDING

CLASS BRIEFING (1.2); CALL WITH INTERNAL AND CO‐COUNSEL REGARDING

CLASS BRIEFING AND FOLLOW UP RESEARCH REGARDING SAME (1); OUTLINE

INSERTS FOR THE REPLY BRIEFS (1.3)

3.5   975.00$ $      3,412.50

12/22/2022 Dana Stone Smith ZOOM MEETING TO DISCUSS REPLY BRIEF AND CLASS DISCOVERY (.5); INITIAL

DRAFT OF PRELIMINARY INJUNCTION HEARING TRANSCRIPT SUMMARY (6.5)

7 775.00$   $      5,425.00

12/22/2022 Elizabeth Brehm

ATTEND ZOOM MEETING TO DISCUSS CLASS DISCOVERY ISSUE AND REPLY FOR

CLASS CERTIFICATION (0.7); REVIEW EMAILS FROM DOJ AND TEAM CONCERNING

DISCOVERY FOR CLASS CERTIFICATION, DISCUSS WITH A. SIRI (0.2)

0.9 975.00$   $         877.50

12/22/2022 Gina Mannella TEAM ZOOM MEETING (.5); REVIEW SUMMARY OF MEETING WITH DEFENSE

COUNSEL (.1); REVIEW JUDGE HENDRIX ORDER (.1)

0.7 240.00$   $         168.00

12/22/2022 Nicky Tenney ECF DOWNLOAD, SAVE AND CIRCULATE (.1); CALENDAR (.1) 0.2 $        ‐ $                ‐

12/23/2022 Gina Mannella

CREATE CONTACT FOR OPPOSING COUNSEL Z. AVALLONE AND LINK TO MATTER

0.1 $        ‐ $                ‐

12/25/2022 Aaron Siri TURN DRAFT OF REPLY BRIEF AND RESEARCH VARIOUS FACTUAL AND LEGAL

POINTS IN SAME

4.2   975.00$ $      4,095.00

12/26/2022 Wendy Cox

REVIEW AND COMMENT ON REPLY FOR CLASS CERTIFICATION AND INJUNCTION

3 875.00$   $      2,625.00

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12/27/2022 Dana Stone Smith REVIEW AND REVISE REPLY BRIEF AND CIRCULATE TO GROUP (2.3); REVIEW

VARIOUS EMAILS FROM TEAM SUGGESTING EDITS TO REPLY BRIEF (.3);

RESEARCH CASE LAW TO SUPPORT ADVERSE INFERENCE RULE (1.0); RESPOND TO

VARIOUS EMAILS FROM E. BREHM REGARDING REPLY BRIEF REVISIONS (1.1);

REVIEW EMAIL EXHIBITS SENT BY A. SIRI (.5) SEND FINAL DRAFT TO G. MANNELLA

FOR TABLE ADDITION (.1)

5.3   775.00$ $      4,107.50

12/27/2022 Elizabeth Brehm REVIEW AND EDIT REPLY BRIEF FOR CLASS CERTIFICATION AND CLASSWIDE

PRELIMINARY INJUNCTION

2.2 975.00$   $      2,145.00

12/27/2022 Gina Mannella EMAILS WITH D. STONE AND N. TENNEY REGARDING REPLY BRIEF 0.1 $        ‐ $                ‐

12/27/2022 Gina Mannella PROOFREAD AND ADD HEADINGS AND MARK CITATIONS IN REPLY BRIEF (3.3);

CALL WITH W. COX REGARDING NEW VERSION OF REPLY (.3)

3.6   240.00$ $         864.00

12/27/2022 Wendy Cox REVIEW CASE LAW AND EMAIL ADDITIONAL QUOTES FOR CLASS PI AND

CERTIFICATION REPLY BRIEF

0.8 875.00$   $         700.00

12/27/2022 Wendy Cox PHONE CALL WITH G. MANNELLA AND REVIEW FINAL REPLY DRAFT 0.3 875.00$   $         262.50

12/28/2022 Aaron Siri REVIEW COMPARE CHANGES BETWEEN LAST DRAFT I CIRCULATED AND ONE

SENT BY C. WIEST AND ALSO REVIEW COMPARE BETWEEN LAST C. WIEST DRAFT

AND ALL EDITS THEREAFTER AND CALLS WITH E. BREHM TO FINALIZE PAPERS

FOR FILING

2.4 975.00$   $      2,340.00

12/28/2022 Dana Stone Smith EMAIL G. MANNELLA TO INQUIRE ABOUT STATUS OF TABLES IN REPLY BRIEF AND

SEND LATEST VERSIONS WITH INSTRUCTIONS TO RECONCILE (.3); RESPOND TO

EMAILS FROM E. BREHM REGARDING EXHIBITS (.2) REVIEW J. SULLIVAN

REVISIONS TO DRAFT (.8); REVIEW DOD PUBLIC AFFAIRS GUIDANCE SENT BY W.

COX (.9)

2.2 $       ‐ $                ‐

12/28/2022 Elizabeth Brehm EMAILS WITH TEAM TO DISCUSS CURRENT REPLY BRIEF (0.2); REVIEW REPLY

BRIEF (0.5);  READ PRELIMINARY HEARING TRANSCRIPT (1.4); EMAIL TEAM TO

PREPARE EXHIBIT FOR REPLY BRIEF (0.1); REVIEW AND EDIT PROPOSED FINAL

VERSION OF BRIEF AND EXHIBIT, WORK WITH TEAM TO FINALIZE AND

COORDINATE FILING (1.4)

3.6   975.00$ $      3,510.00

12/28/2022 Gina Mannella PROOFREAD REPLY BRIEF AND MARK HEADINGS AND CITATIONS FOR TABLE OF

CONTENTS AND TABLE OF AUTHORITIES AND MAKE NECESSARY REVISIONS ON

TABLES

5.2 240.00$   $      1,248.00

12/28/2022 Gina Mannella CALL WITH N. TENNEY REGARDING PROOFING OF BRIEF (.2); CALL WITH W. COX

REGARDING REPLY BRIEF (.3); PREPARE EXHIBIT TO REPLY BRIEF AND SEND TO W.

COX AND E. BREHM FOR REVIEW (.2); EMAILS WITH W. COX REGARDING

CITATIONS IN BRIEF (.2); REVISE EXHIBIT AND SEND TO W. COX AND E. BREHM

FOR REVIEW (.3); TEXTS AND EMAILS WITH N. TENNEY W. COX AND E. BREHM

REGARDING REVISIONS TO REPLY BRIEF AND FINALIZING DOCUMENT FOR FILING

(1.3)

2.5   240.00$ $         600.00

12/28/2022 Nicky Tenney PROOF AND CITE CHECK PLEADING (5.0); EMAILS WITH W. COX, E. BREHM AND

G. MANNELLA REGARDING SAME (.2); ECF FILING, DOWNLOAD, SAVE AND

CIRCULATE (.3)

5.5 $        ‐ $                ‐

12/28/2022 Wendy Cox FINALIZE REPLY ADDING J. SULLIVAN S CHANGES TO THE FINAL REPLY FROM C.

WIEST

2.5 875.00$   $      2,187.50

12/28/2022 Wendy Cox REVIEW INFORMATION FOR CASE ON DOD PUBLIC AFFAIRS GUIDANCE POST

COVID‐19 VACCINATION MANDATE

0.8 875.00$   $         700.00

12/28/2022 Wendy Cox

PHONE CALL WITH G. MANNELLA ABOUT REPLY BRIEF QUESTIONS ON CITATIONS

0.3 $        ‐ $                ‐

12/28/2022 Wendy Cox PHONE CALL AND EMAILS WITH N. TENNEY AND E. BREHM REGARDING

CITATIONS TO TRANSCRIPT AND OTHER REPLY CITATION ISSUES

1.1 $        ‐ $                ‐

12/28/2022 Wendy Cox

FINAL REVIEW AND FILING OF REPLY TO CLASS CERTIFICATION/PI OPPOSITION

0.7   875.00$ $         612.50

12/29/2022 Aaron Siri REVIEW NOTICE FILED BY ARMY AND COMMUNICATIONS WITH INTERNAL TEAM

AND CO‐COUNSEL REGARDING SAME

1 975.00$   $         975.00

12/29/2022 Dana Stone Smith REVIEW FINAL FILED VERSION OF REPLY BRIEF (.8); ZOOM MEETING WITH W.

COX TO DISCUSS SUPPLEMENTAL FILING (.5)

1.3   775.00$ $      1,007.50

12/29/2022 Gina Mannella CALL TO SERVICEMEMBER C. CARTER FOLLOWING VOICEMAIL MESSAGE (.2);

EMAILS WITH SERVICEMEMBER K. BULLOCK REGARDING LITIGATION (.3);

REVIEW DEFENDANTS NOTICE TO COURT AND EMAILS FROM TEAM REGARDING

SAME (.3)

0.8 240.00$   $         192.00

12/29/2022 Nicky Tenney ECF DOWNLOAD, SAVE AND CIRCULATE (.1); REVIEW PLEADING (.1); CREATE SIRI

LINK AND EMAIL TO A. SIRI (.1)

0.3 $        ‐ $                ‐

12/29/2022 Wendy Cox DRAFT SUPPLEMENTAL FILING 2.5 875.00$   $      2,187.50

12/29/2022 Wendy Cox RESEARCH ON EXTENSION ISSUE FOR J. COSTROFF 1.5 875.00$   $      1,312.50

Page 16 of 35

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12/29/2022 Wendy Cox TEAMS MEETING WITH D. STONE TO DISCUSS CASE ISSUES AND DEFENDANTS

ECF FILING

1 875.00$   $         875.00

12/29/2022 Wendy Cox DRAFT EMAIL WITH QUESTIONS TO EMAIL TO DOJ CONCERNING CONTINUED

ADVERSE ACTIONS

0.5 875.00$   $         437.50

12/30/2022 Dana Stone Smith

REVIEW EMAILS FROM C. WIEST, A. SIRI, AND W. COX REGARDING DEFENDANTS'

NOTICE OF SEPARATION PAUSE (.3); REVIEW PROPOSED SUPPLEMENTAL FILING

DRAFT FROM W. COX (.4); REVIEW DEFENDANT'S NOTICE OF SEPARATION PAUSE

(.3); REVIEW PROPOSED EMAIL TO OPPOSING COUNSEL FROM W. COX AND

RESPOND TO GROUP WITH SUGGESTED REVISIONS (.5)

1.5   775.00$ $     1,162.50

12/30/2022 Wendy Cox FINALIZE DRAFT EMAIL TO DOJ 0.3 875.00$   $         262.50

1/1/2023 Wendy Cox READ, REVIEW, AND MODIFY EMAIL TO DOJ BETWEEN C. WIEST, E. BREHM, T.

BRUNS, AND A. SIRI

1.6 875.00$   $     1,400.00

1/2/2023 Aaron Siri ZOOM CALL REGARDING FOLLOW‐UP WITH DOJ 0.5 975.00$   $         487.50

1/2/2023 Dana Stone Smith TEAM ZOOM MEETING TO DISCUSS EMAIL TO DOJ 0.5 775.00$   $         387.50

1/2/2023 Wendy Cox ZOOM WITH D. STONE, C. WIEST, A. SIRI ABOUT EMAIL TO DOJ (0.5); FINAL

REVIEW OF EMAIL TO DOJ (1.0)

1.5   875.00$ $     1,312.50

1/3/2023 Dana Stone Smith REVIEW EMAIL TO OPPOSING COUNSEL AND ATTACHMENTS (1.1); PHONE CALL

WITH W. COX TO DISCUSS POTENTIAL DAMAGES CLAIMS (.3)

1.4 775.00$   $      1,085.00

1/3/2023 Wendy Cox READ AND RESPOND TO EMAILS FROM PLAINTIFFS 0.9 875.00$   $         787.50

1/3/2023 Wendy Cox REVIEW DISCOVERY PRODUCTION 4 2.6   875.00$ $     2,275.00

1/4/2023 Aaron Siri ATTEND ZOOM MEETING WITH TEAM TO DISCUSS EMAIL SENT, CLASS RELIEF

NEEDED, JOINT STATUS REPORT (0.8)

0.8 975.00$   $         780.00

1/4/2023 Dana Stone Smith REVIEW INTAKE TEMPLATE AND QUESTIONS FOR RFRA CASES SENT BY W. COX

(.3) EMAIL SUGGESTED REVISIONS (.3); REVIEW FLIERS SENT BY W. COX (.1)

RESEARCH RFRA DAMAGES CLAIMS (1.2); TEAM ZOOM MEETING (.9)

2.8   775.00$ $     2,170.00

1/4/2023 Elizabeth Brehm ATTEND ZOOM MEETING WITH TEAM TO DISCUSS EMAIL SENT, CLASS RELIEF

NEEDED, JOINT STATUS REPORT (0.8)

0.8 975.00$   $         780.00

1/4/2023 Gina Mannella ATTEND TEAM ZOOM MEETING (.3) 0.3 240.00$   $            72.00

1/4/2023 Wendy Cox SET UP ZOOM MEETING FOR 2023 AND SEND CALENDAR INVITES TO A. SIRI, E.

BREHM, D. STONE, C. WIEST, T. BRUNS, AND G. MANNELLA

0.3 $        ‐ $                ‐

1/4/2023 Wendy Cox RESEARCH MOOTNESS ISSUE 0.4 875.00$   $         350.00

1/4/2023 Wendy Cox ZOOM CALL WITH A. SIRI, E. BREHM, C. WIEST, T. BRUNS, D. STONE, AND G.

MANNELLA

0.8 875.00$   $         700.00

1/4/2023 Wendy Cox READ AND RESPOND TO EMAIL 0.1   875.00$ $           87.50

1/5/2023 Wendy Cox DISCOVERY ORGANIZATION (3.5); PHONE CALL WITH D. STONE ABOUT

DISCOVERY ORGANIZATION (0.8)

4.3 875.00$   $      3,762.50

1/6/2023 Aaron Siri DISCUSSIONS AND COMMUNICATIONS REGARDING DOJ REQUEST TO STAY

DISCOVERY

0.4 975.00$   $         390.00

1/6/2023 Dana Stone Smith TEAM ZOOM MEETING TO DISCUSS RESPONSE AND STATUS REPORT (.6) 0.6 775.00$   $         465.00

1/6/2023 Elizabeth Brehm

REVIEW EMAIL EXCHANGES AND REVISE PROPOSED EMAIL RESPONSE TO ARMY

CONCERNING JOINT STATUS REPORT DUE TO COURT (0.2); ATTEND CALL WITH

DOJ (0.4); ATTEND ZOOM WITH C. WIEST AND TEAM TO DISCUSS DOJ CALL (0.4)

1   975.00$ $         975.00

1/6/2023 Gina Mannella ZOOM TEAM MEETING REGARDING FILING OF JOINT STATUS REPORT RESPONSE

TO DEFENDANTS NOTICE TO THE COURT (.5)

0.5 240.00$   $         120.00

1/6/2023 Nicky Tenney ECF DOWNLOAD, SAVE AND CIRCULATE (.1) 0.1 $        ‐ $                ‐

1/6/2023 Wendy Cox REVIEW PLAINTIFFS' RESPONSE TO DEFENDANTS NOTICE 0.7 875.00$   $         612.50

1/6/2023 Wendy Cox ZOOM CALL WITH C. WIEST, D. STONE, T. BRUNS, G. MANNELLA TO DISCUSS

RESPONSE TO DOJ

0.5 875.00$   $         437.50

1/9/2023 Aaron Siri REVIEW AND EDIT PLAINTIFFS' SECTION OF JOINT STATUS REPORT (0.2); REVIEW

DEFENDANTS' SECTION OF JOINT STATUS REPORT (0.2)

0.4   975.00$ $         390.00

1/9/2023 Dana Stone Smith REVIEW EMAIL FROM C. WIEST TO K. BERMAN REGARDING FRAGO 35 (.1);

REVIEW EMAIL FROM W. COX REGARDING WESTPOINT WINTER RECEPTION (.1);

REVIEW AND RESPOND TO VARIOUS EMAILS FROM W. COX REGARDING

DISCOVERY REQUESTS FOR MILITARY EXEMPTION AUDIT (.3); REVIEW PROPOSED

STATUS REPORT SENT BY C. WIEST (.3); REVIEW VARIOUS EMAILS BETWEEN J.

WALKER AND C. WIEST REGARDING DEFENDANTS' POSITION (.2)

1   775.00$ $         775.00

1/9/2023 Elizabeth Brehm REVIEW AND EDIT PLAINTIFFS' SECTION OF JOINT STATUS REPORT (0.2); REVIEW

DEFENDANTS' SECTION OF JOINT STATUS REPORT (0.2)

0.4 975.00$   $         390.00

1/9/2023 Gina Mannella EMAILS WITH N. TENNEY AND W. COX REGARDING FILING OF STATUS REPORT

(.1); REVIEW DRAFT OF STATUS REPORT (.1)

0.2 $        ‐ $                ‐

1/9/2023 Nicky Tenney ECF DOWNLOAD, SAVE AND CIRCULATE (.1); REVIEW REPORT (.1) 0.2 $        ‐ $                ‐

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1/9/2023 Wendy Cox REVIEW PLAINTIFF'S STATUS REPORT 0.5 875.00$   $         437.50

1/9/2023 Wendy Cox PHONE CALL WITH C. WIEST (0.2); DRAFT AND SEND EMAIL TO DOJ WITH NEAR

FINAL RESPONSE TO THE COURT (0.1)

0.3 875.00$   $         262.50

1/9/2023 Wendy Cox PHONE CALL WITH C. WIEST REGARDING JOINT RESPONSE FILING 0.2 875.00$   $         175.00

1/10/2023 Dana Stone Smith REVIEW TEAM EDITS AND FINAL FILED VERSION OF JOINT STATUS REPORT (.6);

REVIEW ADDITIONAL EMAIL FROM J. WALKER (.1); REVIEW REVISIONS TO

FOURTH REQUEST FOR PRODUCTION BY W. COX (.2); REVIEW ROOT AND

BRANCH RELIEF DOCUMENT SENT BY W. COX (.3); PHONE CALL WITH W. COX TO

DISCUSS CASE STATUS (.2)

1.4   775.00$ $      1,085.00

1/10/2023 Gina Mannella REVIEW FILED STATUS REPORT 0.1 240.00$   $            24.00

1/10/2023 Wendy Cox PHONE CALL WITH D. STONE ABOUT CASE STATUS ISSUES 0.3 875.00$   $         262.50

1/11/2023 Dana Stone Smith REVIEW ORDER REQUIRING STATUS REPORT 0.2 $        ‐ $                ‐

1/11/2023 Elizabeth Brehm ATTEND ZOOM CALL WITH TEAM TO DISCUSS PENTAGON MEMO AND

REMAINING ISSUES

0.4 975.00$   $         390.00

1/11/2023 Gina Mannella REVIEW DEFENDANTS EFILED NOTICE TO THE COURT (.1); REVIEW JUDGE

HENDRIX ORDER (.1)

0.2 240.00$   $            48.00

1/11/2023 Nicky Tenney ECFS DOWNLOAD, SAVE AND CIRCULATE (.3); CALENDAR (.1) 0.4 $        ‐ $                ‐

1/11/2023 Wendy Cox PHONE CALL WITH D. STONE TO DISCUSS DOD MEMORANDUM 0.3   875.00$ $         262.50

1/11/2023 Wendy Cox PHONE CALL WITH T. BRUNS TO DISCUSS DOD MEMO AND IMPACT ON CASE 0.7 875.00$   $         612.50

1/11/2023 Wendy Cox RESEARCH ON ADVERSE ACTIONS 0.8 875.00$   $         700.00

1/11/2023 Wendy Cox ZOOM CALL WITH A. SIRI, E. BREHM, T. BRUNS, D. STONE, AND G. MANNELLA

REGARDING DOD MEMO IMPACT ON CASE

0.3   875.00$ $         262.50

1/11/2023 Wendy Cox DRAFT AND SEND EMAIL TO CLASS REPRESENTATIVE REGARDING DOD MEMO 0.2 875.00$   $         175.00

1/11/2023 Wendy Cox REVIEW COMPLAINT 0.4 $        ‐ $                ‐

1/11/2023 Wendy Cox FINALIZE ROOT AND BRANCH RELIEF DOCUMENT 0.9 875.00$   $         787.50

1/11/2023 Wendy Cox PHONE CALL WITH C. WIEST AND T. BRUNS ABOUT CASE 0.3 875.00$   $         262.50

1/12/2023 Dana Stone Smith REVIEW EMAIL FROM J. WALKER REGARDING REMAINING ISSUES TO BE

LITIGATED (.1); PHONE CALL WITH W. COX TO DISCUSS EMAIL FROM J. WALKER

(.5)

0.6   775.00$ $         465.00

1/12/2023 Wendy Cox READ AND RESPOND TO EMAILS AND TEXT MESSAGES FROM PLAINTIFFS 0.8 875.00$   $         700.00

1/12/2023 Wendy Cox PHONE CALL WITH T. BRUNS ABOUT J. WALKER S EMAIL 0.8 875.00$   $         700.00

1/12/2023 Wendy Cox PHONE CALL WITH D. STONE ABOUT J. WALKER'S EMAIL 0.5 875.00$   $         437.50

1/12/2023 Wendy Cox DRAFT EMAIL TO C. WIEST WITH PROPOSED LANGUAGE TO DOJ 0.2 875.00$   $         175.00

1/13/2023 Aaron Siri CALL WITH INTERNAL AND CO‐COUNSEL REGARDING DOD MEMO AND

CONTINUING HARMS AND FOLLOW‐UP COMMUNICATIONS AND CALLS

REGARDING SAME AND OUTLINE CONCERNS AND CONSIDERATIONS RELATED TO

SAME

2.2 975.00$   $      2,145.00

1/13/2023 Dana Stone Smith REVIEW EMAIL DRAFT TO J. WALKER REGARDING ISSUES TO BE LITIGATED AND

GROUP REVISIONS (.5); PHONE CALL WITH W. COX TO DISCUSS MEETINGS (.4);

REVIEW NBC ARTICLE REGARDING COVID‐19 BOOSTERS AND COMMENTS BY W.

COX AND T BRUNS (.7); REVIEW EMAIL FROM K. BERMAN REGARDING AMENDED

COMPLAINT (.1)

1.7 $       ‐ $                ‐

1/13/2023 Elizabeth Brehm ATTEND ZOOM MEETING WITH TEAM TO DISCUSS CALLS WITH DOJ AND

POTENTIAL STAY AND STATUS DUE TO RECISSION

0.5 975.00$   $         487.50

1/13/2023 Wendy Cox ZOOM CALLS WITH A. SIRI, C. WIEST, E. BREHM, D. STONE, T. BRUNS (0.5) 0.5 875.00$   $         437.50

1/13/2023 Wendy Cox REVIEW AND REVISE EMAIL TO DOJ 0.4 875.00$   $         350.00

1/13/2023 Wendy Cox PHONE CALL WITH D. STONE ABOUT DISCOVERY CASE ISSUES 0.4   875.00$ $         350.00

1/13/2023 Wendy Cox READ AND RESPOND TO MESSAGES FROM B. SCHELSKE REGARDING THE CASE 0.2 875.00$   $         175.00

1/13/2023 Wendy Cox PHONE CALL WITH B. SCHELSKE 0.4 875.00$   $         350.00

1/13/2023 Wendy Cox READ AND RESPOND TO EMAILS FROM TEAM 0.2 875.00$   $         175.00

1/17/2023 Dana Stone Smith RESEARCH MOOTNESS FOR CLASS ACTIONS ON FIFTH CIRCUIT (2.1); EMAIL

RESEARCH EXCERPTS TO W. COX WITH COMMENTS (.2); PHONE CALL WITH W.

COX TO DISCUSS RESEARCH (.3); CONFERENCE CALL WITH TEAM TO DISCUSS

STATUS REPORT DUE (.2)

2.8   775.00$ $      2,170.00

1/17/2023 Wendy Cox PHONE CALL WITH C. WIEST, D. STONE, AND T. BRUNS ABOUT CASE 0.4 875.00$   $         350.00

1/17/2023 Wendy Cox DRAFT AND SEND EMAIL TO 10 PLAINTIFFS 0.2 875.00$   $         175.00

1/17/2023 Wendy Cox PHONE CALL WITH D. STONE ABOUT CASE LAW RESEARCH ON CLASS

CERTIFICATION AND MOOTNESS

0.3 875.00$   $         262.50

1/17/2023 Wendy Cox CREATE EXCEL SPREADSHEET OF PLAINTIFFS' HARMS 0.4 875.00$   $         350.00

1/17/2023 Wendy Cox RETURN PHONE CALL FROM PLAINTIFF 0.4 875.00$   $         350.00

1/17/2023 Wendy Cox PHONE CALL TO Z. BUFKIN AND LEFT VOICEMAIL 0.1   875.00$ $            87.50

1/17/2023 Wendy Cox PHONE CALL WITH J. COSTROFF 0.3 875.00$   $         262.50

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1/18/2023 Aaron Siri EDIT AND REVIEW LETTER TO THE COURT INCLUDING EDITING AND REVISING

THE CHART IN SAME AND TURN MULTIPLE DRAFTS AND DISCUSSIONS RELATED

TO SAME (2.4)

2.4 975.00$   $      2,340.00

1/18/2023 Dana Stone Smith REVIEW AND REVISE JOINT STATUS REPORT AND SEND TO TEAM FOR FURTHER

REVIEW (.9); ZOOM MEETING REGARDING RFRA DAMAGES CLAIMS, CICP, AND

MOOTNESS (1.3); WEEKLY TEAM STRATEGY MEETING (.4); TEAM MEETING TO

REVISE EXHIBIT LIST OF HARMS AND PROPOSED REMEDIES FOR JOINT STATUS

REPORT (1.5); REVIEW FINALIZED VERSION OF JOINT STATUS REPORT WITH

CHART EXHIBIT (.4)

4.5   775.00$ $     3,487.50

1/18/2023 Gina Mannella ZOOM MEETINGS REGARDING JOINT STATUS REPORT (1.6); REVISE SPREADSHEET

FOR JOINT STATUS REPORT (.3); REVIEW DRAFT OF STATUS REPORT (.2); UPLOAD

DRAFT VERSIONS OF STATUS REPORT TO CLIO (.3)

2.4 240.00$   $         576.00

1/18/2023 Wendy Cox REVIEW DRAFT OF STATUS REPORT 0.8 875.00$   $         700.00

1/18/2023 Wendy Cox DRAFT LIST OF HARMS FOR CASE 0.5 875.00$   $         437.50

1/18/2023 Wendy Cox DRAFT HARM/REMEDY CHART AND EMAIL TO A. SIRI, T. BRUNS, C. WIEST, AND

D. STONE

0.8 875.00$   $         700.00

1/18/2023 Wendy Cox READ AND RESPOND TO PLAINTIFF EMAILS 0.1 875.00$   $            87.50

1/18/2023 Wendy Cox READ DEFENDANTS DRAFT TO STATUS REPORT 0.2 875.00$   $         175.00

1/19/2023 Dana Stone Smith REVIEW EMAILS FROM K. BERMAN REGARDING JOINT STATUS REPORT (.1);

REVIEW VARIOUS EMAILS FROM TEAM REGARDING FINALIZATION OF JOINT

STATUS REPORT (.3); REVIEW FINAL JOINT STATUS REPORT WITH DEFENDANTS'

POSITION INCLUDED (.5)

0.9 775.00$   $         697.50

1/19/2023 Nicky Tenney ECF DOWNLOAD, SAVE AND CIRCULATE (.1); REVIEW ORDER (.2) 0.3 $        ‐ $                ‐

1/19/2023 Wendy Cox READ AND RESPOND TO EMAILS FROM PLAINTIFFS 0.8 875.00$   $         700.00

1/19/2023 Wendy Cox DISCUSS CASE AND CLASS ISSUES WITH TEAM 0.2 875.00$   $         175.00

1/20/2023 Nicky Tenney ECFS DOWNLOAD, SAVE AND CIRCULATE (.2); CALENDAR (.1) 0.3 $        ‐ $                ‐

1/20/2023 Wendy Cox PHONE CALL WITH K. BUFKIN (0.3); DRAFT AND SEND EMAIL TO M. ROSE (0.2) 0.5   875.00$ $         437.50

1/20/2023 Wendy Cox

DRAFT AND SEND EMAIL TO PLAINTIFFS WITH MOTION TO DISMISS ATTACHED

0.2 875.00$   $         175.00

1/22/2023 Aaron Siri REVIEW MEMO OF LAW TO DISMISS (1.0); RESEARCH REGARDING SAME (1.0) 2 975.00$   $      1,950.00

1/23/2023 Dana Stone Smith REVIEW DEFENDANTS' MOTION TO DISMISS AND MEMORANDUM OF LAW IN

SUPPORT (1.5); REVIEW EMAIL FROM W. COX TO CLASS REGARDING MOTION TO

DISMISS (.1) PHONE CALL WITH W COX TO DISCUSS MOTION TO DISMISS (.4);

TEAM ZOOM MEETING TO DISCUSS MOTION TO DISMISS (1.0)

3   775.00$ $      2,325.00

1/23/2023 Elizabeth Brehm ATTEND TEAM MEETING TO DISCUSS PENDING MOTION TO DISMISS AND NEXT

STEPS

1 975.00$   $         975.00

1/23/2023 Gina Mannella TEAM ZOOM MEETING (1.0); CALL WITH W. COX REGARDING MASS EMAIL (.3);

CREATE EMAIL LIST FOR W. COX FROM MONDAY BOARD INFORMATION (.2);

EMAILS WITH W. COX REGARDING EMAIL CHAIN EXHIBIT (.1)

1.6 240.00$   $         384.00

1/23/2023 Wendy Cox READ AND RESPOND TO EMAILS FROM PLAINTIFFS AND G. MANNELLA 1.2 875.00$   $      1,050.00

1/23/2023 Wendy Cox REVIEW MOTION TO DISMISS 1 875.00$   $         875.00

1/23/2023 Wendy Cox DISCUSS DEFENDANTS MOTION TO DISMISS WITH TEAM 0.5 875.00$   $         437.50

1/23/2023 Wendy Cox RESEARCH ON RELIGIOUS ACCOMODATION REQUEST TIMELINES 0.4 875.00$   $         350.00

1/23/2023 Wendy Cox ZOOM CALL WITH A. SIRI, C. WIEST, E. BREHM, T. BRUNS, D. STONE, AND G.

MANNELLA

1 875.00$   $         875.00

1/23/2023 Wendy Cox

PHONE CALL AND EMAILS WITH G. MANNELLA REGARDING CHART FOR EMAIL

0.4   875.00$ $         350.00

1/23/2023 Wendy Cox PHONE CALL WITH B. SCHELSKE 0.5 875.00$   $         437.50

1/23/2023 Wendy Cox

TEXT MESSAGES WITH D. MELL ABOUT

0.2 875.00$   $         175.00

1/24/2023 Dana Stone Smith

PHONE CALL WITH W. COX TO DISCUSS ADDITIONAL RESEARCH NEEDED,

COMPLAINT AMENDMENT, AND REPLY TO DEFENDANTS' MOTION TO DISMISS

(.8); REVIEW ALL CASES CITED IN DEFENDANTS' MOTION TO DISMISS (2.5);

PREPARE RESEARCH SUMMARY WITH CASE BRIEFS, ANALYSIS, AND COMMENTS

AND SEND TO W. COX FOR REVIEW (2.7); REVIEW EMAIL FROM W. COX TO

UNNAMED PLAINTIFFS INQUIRING ABOUT ADDITIONAL HARMS (.2); REVIEW

ARTICLE FROM A. SIRI REGARDING PAYBACK OF SIGNING BONUSES (.2)

6.4   775.00$ $      4,960.00

1/24/2023 Wendy Cox PHONE CALL WITH D. STONE REGARDING RESEARCH THAT NEEDS TO BE

COMPLETED, AMENDING THE COMPLAINT AND MODIFYING CLASS DEFINITION

AND ADDING ADDITIONAL PLAINTIFFS

0.8 875.00$   $         700.00

1/24/2023 Wendy Cox READ AND RESPOND TO EMAILS FROM PLAINTIFFS AND ATTORNEYS 0.6 875.00$   $         525.00

1/24/2023 Wendy Cox REVIEW AND DRAFT DECLARATION AND EMAIL TO R. SCHELSKE FOR REVIEW 1.2 875.00$   $      1,050.00

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1/24/2023 Wendy Cox DRAFT SUPPLEMENTAL FILING 1.2 875.00$   $      1,050.00

1/24/2023 Wendy Cox REVIEW ARMY GUARD QUESTION AND ANSWER DOCUMENT AND EMAIL TO C.

WIEST, T. BRUNS, A. SIRI, E. BREHM, AND D. STONE

0.7 875.00$   $         612.50

1/24/2023 Wendy Cox REVIEW RESEARCH COMPLETED BY D. STONE 0.7 875.00$   $         612.50

1/25/2023 Gina Mannella WORK WITH PDF DOCUMENT FROM B. SCHELSKE TO TRY AND MAXIMIZE SIZE OF

PORTION OF DOCUMENT FOR EXHIBIT (.7); CALL WITH W. COX REGARDING

CONVERSION OF PDF TO WORD DOCUMENT FOR MOTION TO AMEND (.1);

CONVERT PDF VERSION OF MOTION TO AMEND TO WORD DOCUMENT AND

SEND TO W. COX (.1)

0.9 $       ‐ $                ‐

1/25/2023 Wendy Cox READ AND RESPOND TO EMAILS AND TEXTS FROM SERVICE MEMBERS AND

PLAINTIFFS

0.4 875.00$   $         350.00

1/25/2023 Wendy Cox CASE LAW RESEARCH ON MOOTNESS ISSUES 1.6 875.00$   $      1,400.00

1/25/2023 Wendy Cox PHONE CALL WITH L. CHRISMAN ABOUT CASE AND HIS CURRENT SITUATION

(0.7)

0.7 875.00$   $         612.50

1/25/2023 Wendy Cox RESEARCH ON CLASS CERTIFICATION ISSUES FOR RESPONSE TO MOTION TO

DISMISS

1 875.00$   $         875.00

1/25/2023 Wendy Cox DRAFT AMENDED COMPLAINT 1.5   875.00$ $      1,312.50

1/25/2023 Wendy Cox

READ AND RESPOND TO EMAIL FROM POTENTIAL ARMY PLAINTIFF L. CHRISMAN

0.1 875.00$   $            87.50

1/26/2023 Dana Stone Smith REVIEW SCHELSKE DECLARATION AND SUPPLEMENTAL FILING SENT BY W. COX

AND RETURN WITH SUGGESTED REVISIONS (.9); REVIEW ARMY VACCINE

MANDATE Q & A SENT BY W. COX (.8); PHONE CALL WITH W. COX REGARDING

RESEARCH CONCERNING

(1.1); RESEARCH UNDER RFRA

(1.9); REVIEW RESEARCH SUMMARY SENT BY W. COX (.8); RESEARCH

(1.1); TEAM STRATEGY ZOOM

MEETING (1.9)

8.5   775.00$ $      6,587.50

1/26/2023 Gina Mannella TEAM ZOOM MEETING REGARDING MOTION TO DISMISS AMENDED COMPLAINT

AND OTHER ISSUES

1.5 240.00$   $         360.00

1/26/2023 Wendy Cox

PHONE CALL WITH D. STONE TO DISCUSS MOOTNESS ISSUES, NEW PLAINTIFF

FOR CASE, , AND REVISION OF COMPLAINT

1.2 875.00$   $      1,050.00

1/26/2023 Wendy Cox READ AND RESPOND TO EMAILS FROM PLAINTIFFS 0.4 875.00$   $         350.00

1/26/2023 Wendy Cox WORK ON DRAFT OF SUPPLEMENTAL FILING AND R. SCHELSKE DECLARATION 0.6 875.00$   $         525.00

1/26/2023 Wendy Cox UPDATE CALENDAR INVITE (0.2); FINALIZE AND ORGANIZE J. CHRISMAN

DOCUMENTS (0.4)

0.6 $        ‐ $                ‐

1/26/2023 Wendy Cox WORK ON AMENDED COMPLAINT AND EMAIL TO D. STONE FOR COMMENTS

AND REVISION

1 875.00$   $         875.00

1/26/2023 Wendy Cox REVIEW AND REVISE ENGAGEMENT LETTER FOR L. CHRISMAN (0.3) 0.3   875.00$ $         262.50

1/26/2023 Wendy Cox ZOOM CALL WITH A. SIRI, T. BRUNS, C. WIEST, D. STONE, G. MANNELLA, E.

BREHM REGARDING MOTION TO DISMISS RESPONSE, SUPPLEMENTAL FILING

AND AMENDING COMPLAINT

1.9 875.00$   $      1,662.50

1/26/2023 Wendy Cox

PHONE CALL WITH B. SCHELSKE AND J. COSTROFF REGARDING THEIR INABILITY

TO ATTEND THE SENIOR LEADER COURSE NEEDED FOR PROMOTION

0.3 875.00$   $         262.50

1/26/2023 Wendy Cox SCHEDULE ZOOM MEETING TO DISCUSS COMPLAINT AMENDMENT (0.1); DRAFT

AND SEND EMAIL TO C. WIEST REGARDING TWO PLAINTIFFS CURRENT

SITUATIONS (0.3)

0.4 875.00$   $         350.00

1/26/2023 Wendy Cox REVIEW DECLARATION OF J. COSTROFF 0.3 875.00$   $         262.50

1/27/2023 Dana Stone Smith REVIEW DOCUMENTS FROM  PLAINTIFF L. CHRISMON (1.3); REVIEW DRAFT OF

AMENDED COMPLAINT FROM W. COX (.5); REVIEW DOCUMENTS FOR Z. BUFKIN

SENT BY W. COX (.5); RESEARCH AUTHORITY OF FEDERAL COURT TO ORDER

REINSTATEMENT TO MILITARY ACADEMY AND SEND SUMMARY TO W. COX FOR

REVIEW (1.2); REVIEW AND REVISE DRAFT EMAIL TO K. BERMAN RECEIVED FROM

W. COX (.4)

3.9 775.00$   $      3,022.50

1/27/2023 Gina Mannella EMAILS WITH W. COX REGARDING L. CHRISMAN (.2); PREPARE AND SEND

ENGAGEMENT LETTER TO L. CHRISMAN (.1); REDACT PII FROM L. CHRISMAN

DOCUMENTS FOR APPENDIX (.5); CREATE FOLDER AND UPLOAD L. CHRISMAN

SIGNED ENGAGEMENT LETTER AND DOCUMENTS TO CLIO (.1); REVIEW

DEFENDANTS ECF NOTICE TO COURT (.1)

1   240.00$ $         240.00

1/27/2023 Nicky Tenney ECF DOWNLOAD, SAVE AND CIRCULATE (.1) 0.1 $        ‐ $                ‐

1/27/2023 Wendy Cox PHONE CALL WITH M. ROSE TO DISCUSS Z. BUFKIN (0.6); FOLLOW‐UP CALL WITH

M. ROSE TO DISCUSS Z. BUFKIN (0.2)

0.8 875.00$   $         700.00

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1/27/2023 Wendy Cox READ AND RESPOND TO EMAILS AND TEXTS FROM PLAINTIFFS 0.7 875.00$   $         612.50

1/27/2023 Wendy Cox REVIEW J. COSTROFF DECLARATION 0.8 875.00$   $         700.00

1/27/2023 Wendy Cox PHONE CALL WITH L. CHRISMAN ABOUT CASE 0.7 875.00$   $         612.50

1/27/2023 Wendy Cox ZOOM CALL WITH S. GALLOWAY REGARDING CASE 0.5 875.00$   $         437.50

1/27/2023 Wendy Cox DRAFT AND SEND EMAIL TO DOJ REGARDING R. SCHELSKE AND J. COSTROFF AND

EMAIL TO D. STONE AND C. WIEST FOR REVIEW

0.9   875.00$ $         787.50

1/27/2023 Wendy Cox READ AND RESPOND TO EMAILS FROM DOJ 0.7 875.00$   $         612.50

1/27/2023 Wendy Cox ZOOM WITH WEST POINT CADETS 0.8 875.00$   $         700.00

1/27/2023 Wendy Cox REVIEW DECLARATION AND EMAIL BACK TO R. SCHELSKE WITH CHANGES 0.4 875.00$   $         350.00

1/27/2023 Wendy Cox EDIT DECLARATION FOR L. CHRISMAN 0.7 875.00$   $         612.50

1/29/2023 Wendy Cox READ AND RESPOND TO EMAIL FROM J. COSTROFF 0.1 875.00$   $            87.50

1/30/2023 Dana Stone Smith

REVIEW DEFENDANT'S ADDITIONAL REINSTATEMENT OFFER (.3); REVIEW EMAIL

AND ATTACHED COMPLAINT ADDENDUM FROM W. COX (.5); REVISE AMENDED

COMPLAINT AND SEND PROPOSED REVISIONS TO W. COX FOR REVIEW (1.1)

1.9   775.00$ $     1,472.50

1/30/2023 Wendy Cox READ AND RESPOND TO EMAILS AND TEXT MESSAGES FROM PLAINTIFFS 0.5 875.00$   $         437.50

1/30/2023 Wendy Cox EDIT DECLARATION FOR L. CHRISMAN AND EMAIL TO CLIENT 0.5 875.00$   $         437.50

1/30/2023 Wendy Cox DRAFT AND SEND EMAIL WITH AMENDED COMPLAINT TO D. STONE FOR REVIEW

AND CHANGES

0.2 875.00$   $         175.00

1/30/2023 Wendy Cox READ AND RESPOND TO EMAIL FROM DOJ 0.1 875.00$   $            87.50

1/30/2023 Wendy Cox REVIEW AND DRAFT COMPLAINT AMENDMENT 1 875.00$   $         875.00

1/30/2023 Wendy Cox PHONE CALL WITH P. TESTA 0.4 875.00$   $         350.00

1/30/2023 Wendy Cox PHONE CALL WITH H. BAKICH 0.3 875.00$   $         262.50

1/30/2023 Wendy Cox READ AND RESPOND TO D. STONE ABOUT POSSIBLE REINSTATEMENT REMEDIES

FOR Z. BUFKIN

0.1   875.00$ $           87.50

1/30/2023 Wendy Cox WORK ON MOTION FOR LEAVE TO AMEND 0.6 875.00$   $         525.00

1/31/2023 Aaron Siri CALL TO DISCUSS AMENDING THE COMPLAINT 0.5 975.00$   $         487.50

1/31/2023 Dana Stone Smith

REVIEW ARTICLE SENT BY A. SIRI REGARDING TRAVEL BAN AT WESTPOINT (.3);

REVIEW BROWN V. KNOWLTON (.7); EMAIL TO W. COX REGARDING Z. BUFKIN

(.1); EMAIL Z. BUFKIN REQUESTING FULL ACADEMIC DISCHARGE PACKET (.2);

REVIEW EMAIL AND ATTACHED WEST POINT TRIP SECTION POLICY SENT BY W.

COX (.4) REVIEW COMMENTS REGARDING WEST POINT POLICY FROM C. WIEST

(.2); ZOOM MEETING WITH W. COX AND C. WIEST REGARDING AMENDED

COMPLAINT (.5); PHONE CALL WITH W. COX TO DISCUSS LITIGATION STRATEGY

(.5); RESEARCH VENUE IN CLASS ACTIONS (.4); REVIEW BRIEF FROM C. WIEST

WITH ISSUES TO DISCUSS IN ZOOM MEETING (.6); TEAM ZOOM MEETING TO

DISCUSS COMPLAINT AMENDMENT (.8)

4.7   775.00$ $     3,642.50

1/31/2023 Wendy Cox READ AND RESPOND TO EMAILS FROM CO‐COUNSEL AND PLAINTIFFS 0.6 875.00$   $         525.00

1/31/2023 Wendy Cox READ AND RESPOND TO TEXT MESSAGES AND EMAILS WITH D. MELL AND C.

MORRISON REGARDING WEST POINT POLICY FOR ETP FOR TRIP SECTIONS

0.6 875.00$   $         525.00

1/31/2023 Wendy Cox DRAFT AND SEND EMAIL TO CO‐COUNSEL REGARDING WEST POINT CADETS AND

WEST POINT POLICY ISSUE

0.4 875.00$   $         350.00

1/31/2023 Wendy Cox ZOOM CALL WITH C. WIEST AND D. STONE TO DISCUSS CASE AND POSSIBLE

AMENDMENT TO COMPLAINT

0.5   875.00$ $         437.50

1/31/2023 Wendy Cox PHONE CALL WITH D. STONE REGARDING CASE AND MOOTNESS ISSUES, ARMY

POLICIES REGARDING UNVACCINATED BEING UNABLE TO TRAVEL OR ATTEND

SCHOOL

0.6 875.00$   $         525.00

1/31/2023 Wendy Cox REVIEW CASE LAW REGARDING MOOTNESS EXCEPTIONS 0.4 875.00$   $         350.00

1/31/2023 Wendy Cox ZOOM CALL WITH A. SIRI, E. BREHM, T. BRUNS, D. STONE, C. WIEST TO DISCUSS

CASE AND POSSIBLE AMENDMENT OF COMPLAINT

0.6 875.00$   $         525.00

1/31/2023 Wendy Cox PHONE CALL WITH B. SCHELSKE ABOUT CASE 0.4 875.00$   $         350.00

1/31/2023 Wendy Cox PHONE CALL WITH J. COSTROFF ABOUT CASE 0.2 875.00$   $         175.00

1/31/2023 Wendy Cox PHONE CALL WITH C. WIEST ABOUT CASE 0.2   875.00$ $         175.00

1/31/2023 Wendy Cox

READ AND RESPOND TO TEXT MESSAGES FROM J. COSTROFF AND B. SCHELSKE

0.2 875.00$   $         175.00

Page 21 of 35

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2/1/2023 Dana Stone Smith

RESEARCH IN 5TH CIRCUIT AND CIRCULATE SUMMARY TO

TEAM FOR REVIEW (2.6); REVIEW EMAILS BETWEEN J. WALKER AND C. WIEST

REGARDING WESTPOINT CADET GOMOR'S (.2); REVIEW STATEMENTS FROM B.

SCHELSKE AND J. COSTROFF REGARDING ONGOING HARM (.3); TEAM STRATEGY

ZOOM MEETING (1.0); CONFERENCE CALL WITH W. COX AND Z. BUFKIN (.5);

FOLLOW‐UP CALL WITH W. COX TO DISCUSS Z. BUFKIN REINSTATEMENT (.5);

PHONE CONFERENCE WITH W. COX AND C. WIEST TO DISCUSS Z. BUKFIN (.4);

PHONE CALL WITH W. COX TO DISCUSS EMAIL FOR Z. BUFKIN (.4)

5.9   775.00$ $      4,572.50

2/1/2023 Gina Mannella TEAM ZOOM MEETING REGARDING AMENDED COMPLAINT AND STATUS OF

PLAINTIFFS (.3); EMAILS WITH W. COX REGARDING R. SCHELSKE DOCUMENTS

AND APPENDIX FOR AMENDED COMPLAINT (.2)

0.5 240.00$   $         120.00

2/1/2023 Wendy Cox REVIEW AND REVISE B. SCHELSKE NEW STATEMENT (1.0); PHONE CALL WITH B.

SCHELSKE (0.2)

1.2 875.00$   $      1,050.00

2/1/2023 Wendy Cox PHONE CALL WITH C. WIEST ABOUT AMENDED COMPLAINT 0.2 875.00$   $         175.00

2/1/2023 Wendy Cox REVIEW J. COSTROFF NEW STATEMENT AND ADDITIONAL EMAILS WITH

ATTACHMENTS

1.1 875.00$   $         962.50

2/1/2023 Wendy Cox DRAFT AND SEND EMAILS TO S. GALLOWAY AND Z. BUFKIN 0.2 875.00$   $         175.00

2/1/2023 Wendy Cox

ZOOM CALL WITH A. SIRI, D. STONE, C. WIEST ABOUT COMPLAINT AMENDMENT

0.8 875.00$   $         700.00

2/1/2023 Wendy Cox PHONE CALL WITH Z. BUFKIN AND D. STONE 0.5   875.00$ $         437.50

2/1/2023 Wendy Cox PHONE CALL WITH C. WIEST AND D. STONE ABOUT Z. BUFKIN 0.4 875.00$   $         350.00

2/1/2023 Wendy Cox PHONE CALL WITH D. STONE ABOUT Z. BUFKIN AND OTHER PLAINTIFFS 0.5 875.00$   $         437.50

2/1/2023 Wendy Cox READ AND RESPOND TO EMAILS FROM PLAINTIFFS 0.3 875.00$   $         262.50

2/1/2023 Wendy Cox READ AND RESPOND TO EMAILS FROM D. YOUNTS (0.2) 0.2   875.00$ $         175.00

2/1/2023 Wendy Cox PHONE CALL WITH L. CHRISMAN 0.2 875.00$   $         175.00

2/2/2023 Dana Stone Smith REVIEW MEDICAL RECORDS FROM K. BUFKIN (.9); PHONE CALL WITH W. COX TO

DISCUSS K. BUFKIN (1.0); REVIEW WESTPOINT ACADEMIC POLICY (.5); REVIEW Z.

BUFKIN DECLARATION (.5); DRAFT WRITEUP FOR Z. BUFKIN REINSTATEMENT

AND SEND TO W. COX FOR REVIEW (2.5)

5.4   775.00$ $      4,185.00

2/2/2023 Wendy Cox RESEARCH ON ACADEMIC BOARD AND PROBATION AT WEST POINT (0.7); PHONE

CALL AND TEXTS WITH D. STONE REGARDING Z. BUFKIN AND POSSIBILITY OF

REINSTATEMENT (1.4); READ AND RESPOND TO TEXTS AND EMAILS BY Z. BUFKIN

(0.1)

2.2 875.00$   $      1,925.00

2/2/2023 Wendy Cox REVIEW DECLARATION FROM L. CHRISMAN, REVISE, AND EMAIL TO C. WIEST 0.5 875.00$   $         437.50

2/2/2023 Wendy Cox DRAFT EMAIL TO DOJ REGARDING B. BAKICH, P. TESTA, AND G. GALLOWAY 0.2 875.00$   $         175.00

2/2/2023 Wendy Cox READ AND RESPOND TO EMAILS FROM PLAINTIFFS 0.5 875.00$   $         437.50

2/2/2023 Wendy Cox REVIEW DRAFT EMAIL FOR DOJ CONCERNING PLAINTIFF BUFKIN 0.5 875.00$   $         437.50

2/3/2023 Dana Stone Smith CONTACT F. SPINNER ON BEHALF OF Z. BUFKIN AND REQUEST CALLBACK (.1);

REVIEW EMAIL TO R. STEVENS FROM W. COX AND RESPOND WITH COMMENTS

(.2)

0.3   775.00$ $         232.50

2/3/2023 Gina Mannella DRAFT APPENDIX TO FILE WITH AMENDED COMPLAINT (.3); REVIEW AND

REDACT DOCUMENTS FOR APPENDIX (.7)

1 240.00$   $         240.00

2/3/2023 Wendy Cox READ AND RESPOND TO EMAILS AND TEXT MESSAGES FROM PLAINTIFFS 0.3 875.00$   $         262.50

2/3/2023 Wendy Cox PHONE CALL WITH D. STONE TO DISCUSS Z. BUFKIN ACADEMIC BOARD 0.3 875.00$   $         262.50

2/3/2023 Wendy Cox DRAFT AND SEND EMAIL TO J. WALKER AT DOJ REGARDING PLAINTIFFS BAKICH

AND TESTA

0.2 875.00$   $         175.00

2/3/2023 Wendy Cox PHONE CALL WITH F. SPINNER ABOUT K. BUFKIN'S ACADEMIC BOARD 0.5 875.00$   $         437.50

2/5/2023 Wendy Cox READ AND RESPOND TO EMAIL FROM K. BUFKIN 0.1 875.00$   $            87.50

2/6/2023 Dana Stone Smith REVIEW DOCUMENTS REGARDING K. BUFKIN SENT BY W. COX (.2); PHONE CALL

WITH W. COX TO DISCUSS PHONE MEETING WITH F. SPINNER (.2); PHONE CALL

WITH W. COX TO CONTINUE CASE STRATEGY DISCUSSION (.5); REVIEW USMC

MEMORANDUM IN OPPOSITION TO MOTION TO DISMISS (1.1); PHONE CALL

WITH W. COX TO UPDATE ON Z. BUFKIN (.2)

2.2   775.00$ $      1,705.00

2/6/2023 Gina Mannella SEND CLIO LINK TO W. COX OF APPENDIX AND DOCUMENTS FOR REVIEW (.2);

UPDATE ACTION ITEMS LIST (1.0)

1.2 $        ‐ $                ‐

2/6/2023 Wendy Cox PHONE CALL WITH D. STONE TO DISCUSS Z. BUFKIN UPDATE AND APPLICATION

TO THE CASE

0.5 875.00$   $         437.50

2/6/2023 Wendy Cox PHONE CALLS WITH C. WIEST REGARDING PLAINTIFFS AND AMENDED

COMPLAINT

0.4 875.00$   $         350.00

2/6/2023 Wendy Cox RESEARCH ON MOOTNESS ISSUE 1.1 875.00$   $         962.50

2/6/2023 Wendy Cox DRAFT AND SEND EMAIL TO FOUR ARMY CADET PLAINTIFFS REGARDING THEIR

GOMOR STATUS

0.2 875.00$   $         175.00

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2/6/2023 Wendy Cox DRAFT AND SEND EMAILS TO PLAINTIFFS REGARDING THEIR STATUS 0.2 875.00$   $         175.00

2/6/2023 Wendy Cox READ AND RESPOND TO EMAILS FROM PLAINTIFFS 0.5 875.00$   $         437.50

2/6/2023 Wendy Cox DRAFT AND SEND G. MANNELLA THE NEW VERIFICATION FOR CLIO ENTRY WITH

SIGNATURE EMAIL LANGUAGE

0.3 $        ‐ $                ‐

2/6/2023 Wendy Cox PHONE CALL WITH Z. BUFKIN ABOUT THE CASE 0.2   875.00$ $         175.00

2/6/2023 Wendy Cox REVIEW AND UPDATE APPENDIX IN CLIO MANAGE AND EMAIL TO C. WIEST FOR

REVIEW

0.3 $        ‐ $                ‐

2/7/2023 Dana Stone Smith REVIEW C. WIEST REVISIONS TO AMENDED COMPLAINT (.9); REVIEW VARIOUS

TEAM EMAILS REGARDING AMENDED COMPLAINT (.2); LISTEN TO US NAVY ORAL

ARGUMENTS ON MOOTNESS (.7); REVIEW VARIOUS TEAM EMAILS REGARDING

ORAL ARGUMENT (.2); REVIEW EMAIL FROM W. COX TO NAMED PLAINTIFFS AND

ATTACHED REVISED AMENDED COMPLAINT (.8)

2.8   775.00$ $      2,170.00

2/7/2023 Gina Mannella REVIEW EMAILS FROM W. COX REGARDING VERIFICATION AND APPENDIX (.1);

CREATE VERIFICATION TEMPLATE FOR AMENDED COMPLAINT AND SEND TO

PLAINTIFFS (.5); REVIEW APPENDIX DOCUMENTS AND CREATE EXHIBIT COVER

SHEETS (.2)

0.8 240.00$   $         192.00

2/7/2023 Wendy Cox LISTEN TO ORAL ARGUMENT IN NAVY SEAL V. BIDEN BEFORE THE 5TH CIRCUIT

COURT OF APPEALS (0.7); READ AND RESPOND TO EMAILS FROM G. MANNELLA

ABOUT VERIFICATIONS (0.2); READ AND RESPOND TO EMAILS REGARDING

AMENDED COMPLAINT FROM CO‐COUNSEL (0.2)

1.1 875.00$   $         962.50

2/7/2023 Wendy Cox REVIEW AND REVISE AMENDED COMPLAINT 3 875.00$   $      2,625.00

2/7/2023 Wendy Cox DRAFT AND SEND EMAIL TO PLAINTIFFS WITH DRAFT OF AMENDED COMPLAINT

FOR THEIR REVIEW AND VERIFICATION

0.3 875.00$   $         262.50

2/7/2023 Wendy Cox READ AND RESPOND TO EMAILS FROM PLAINTIFFS 0.2 875.00$   $         175.00

2/7/2023 Wendy Cox READ AND RESPOND TO TEXT MESSAGES FROM PLAINTIFF Z. BUFKIN 0.2 875.00$   $         175.00

2/7/2023 Wendy Cox READ AND RESPOND TO EMAILS FROM R. SCHELSKE (0.3); READ FRAGO 38 WITH

NEW INFORMATION REGARDING THE APPLICATION OF MANDATE RECISSION ON

ARMY (0.4)

0.7 875.00$   $         612.50

2/7/2023 Wendy Cox RESEARCH ANNEX YYY AND MMMM IMPACT ON CASE AND DRAFT AND SEND

EMAIL TO CO‐COUNSEL

0.5 875.00$   $         437.50

2/7/2023 Wendy Cox PHONE CALL WITH J. COSTROFF REGARDING HIS PORTION OF THE AMENDED

COMPLAINT

0.3 875.00$   $         262.50

2/7/2023 Wendy Cox DRAFT AND SEND EMAILS TO D. STONE (0.3); DRAFT AND SEND EMAIL TO G.

MANNELLA (0.2)

0.5 875.00$   $         437.50

2/7/2023 Wendy Cox READ AND RESPOND TO EMAIL SENT BY Z. BUFKIN S COUNSEL FOR HIS

ACADEMIC BOARD APPEAL

0.2   875.00$ $         175.00

2/8/2023 Dana Stone Smith REVIEW REVISED AMENDED COMPLAINT SENT BY W. COX, MAKE ADDITIONAL

REVISIONS AND CIRCULATE TO TEAM FOR REVIEW (1.7); REVIEW EMAILS FROM

Z. BUFKIN'S FORMER PUBLIC DEFENDER (.3); PHONE MEETING WITH W. COX TO

REVIEW, REVISE AND DISCUSS AMENDED COMPLAINT (2.0) TEAM ZOOM

MEETING TO DISCUSS AMENDED COMPLAINT AND CLASS DEFINITION (1.5);

REVIEW FRAGO 38 (.4); REVIEW C. WIEST REVISIONS TO AMENDED COMPLAINT

(.7)

6.6   775.00$ $      5,115.00

2/8/2023 Elizabeth Brehm ATTEND TEAM ZOOM TO DISCUSS AMENDED COMPLAINT, RESPONSE TO

EXISTING MOTION TO DISMISS, MOTION FOR MOOTNESS, AND REQUEST TO

UPDATE CLASS CERTIFICATION

1.3 975.00$   $      1,267.50

2/8/2023 Gina Mannella PREPARE SIGNED VERIFICATIONS FOR FILING (.2); UPDATE APPENDIX WITH

ADDITIONAL EXHIBITS AND REDACT PERSONAL INFORMATION (1.1); TEAM

ZOOM MEETING REGARDING AMENDED COMPLAINT (1.5)

2.8   240.00$ $         672.00

2/8/2023 Wendy Cox PHONE CALL WITH D. STONE TO REVISE AND DISCUSS AMENDED COMPLAINT

(2.0); READ AND RESPOND TO EMAILS AND TEXTS FROM S. GALLOWAY AND C.

MORRISON (0.3)

2.3 875.00$   $     2,012.50

2/8/2023 Wendy Cox REVISE AMENDED COMPLAINT AND EMAIL TO CO‐COUNSEL 0.4 875.00$   $         350.00

2/8/2023 Wendy Cox ZOOM CALL WITH A. SIRI, C. WIEST, D. STONE.  G. MANNELLA, E. BREHM TO

DISCUSS CLASS ISSUES

1.3 875.00$   $      1,137.50

2/8/2023 Wendy Cox READ AND RESPOND TO EMAILS FROM OTHER ARMY SERVICE MEMBERS 0.4 875.00$   $         350.00

2/8/2023 Wendy Cox REVIEW AND REVISE AMENDED COMPLAINT 1.8 875.00$   $      1,575.00

2/8/2023 Wendy Cox DRAFT AND SEND EMAIL TO L. CHRISMAN WITH DRAFT AMENDED COMPLAINT

FOR HIS REVIEW

0.2 875.00$   $         175.00

2/8/2023 Wendy Cox FINALIZE L. CHRISMAN DECLARATION AND SEND BY EMAIL TO D. STONE FOR

FINAL REVIEW (0.3)

0.3 875.00$   $         262.50

2/8/2023 Wendy Cox SEND VERIFICATION DOCUMENT FOR SIGNATURE TO L. CHRISMAN 0.1   875.00$ $            87.50

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2/9/2023 Dana Stone Smith REVIEW CHRISMAN DECLARATION AND SEND FINALIZED VERSION TO G.

MANNELLA (.5); REVIEW EMAILS FROM C. WIEST AND W. COX REGARDING

CONFERENCE AND MOTION FOR LEAVE TO AMEND (.3); REVIEW LOCAL RULES

SENT BY W. COX REGARDING LEAVE TO AMEND (.2); REVIEW EMAIL FROM J.

WALKER REGARDING FLAGS FOR NAMED PLAINTIFFS (.1); REVIEW UPDATED

EDITS TO AMENDED COMPLAINT BY C. WIEST AND T. BRUN (.4); REVIEW EMAIL

FROM C. WIEST REGARDING REPLY BRIEF (.1) EMAIL RESEARCH SUMMARY TO C.

WIEST FOR BRIEF DRAFTING (.1)

1.7   775.00$ $     1,317.50

2/9/2023 Gina Mannella

EMAILS WITH W. COX AND D. STONE REGARDING L. CHRISMAN DECLARATION

(.1); UPLOAD SIGNED VERIFICATIONS FOR L. CHRISMAN AND D. MELL AND

PREPARE FOR FILING (.2); EMAILS WITH W. COX REGARDING EXHIBITS AND

LOCAL RULES FOR AMENDED COMPLAINT (.1); PREPARE C. MORRISON TEXT

MESSAGES FOR EXHIBIT (.2); REVIEW EMAIL FROM W. COX REGARDING FT.

RUCKER (.1); CONTACT N. SABALLA, P. TESTA AND H. BAKICH REGARDING

SIGNING OF VERIFICATION (.2); UPLOAD SIGNED VERIFICATION FOR N. SABALLA

AND C. MORRISON AND PREPARE FOR FILING (.2); REVISE C. MORRISON

DECLARATION DATE AND PREPARE FOR EXHIBIT (.2); EMAILS WITH W. COX

REGARDING APPENDIX (.1); CALL WITH W. COX REGARDING APPENDIX AND

FILING OF AMENDED COMPLAINT (.3); CALLS TO CLERKS OFFICE REGARDING

PAPERS NECESSARY FOR FILING OF AMENDED COMPLAINT (.2); PREPARE

EXHIBITS FOR APPENDIX AND FINALIZE APPENDIX DOCUMENT (1.3)

3.2   240.00$ $         768.00

2/9/2023 Wendy Cox

FINALIZE L. CHRISMAN DECLARATION AND EMAIL TO HIM FOR SIGNATURE (0.4);

EMAIL REMAINING PLAINTIFFS FOR SIGNATURE ON THEIR VERIFICATIONS (0.2)

0.6 $        ‐ $                ‐

2/9/2023 Wendy Cox EDIT DECLARATION FOR C. MORRISON AND EMAIL TO HIM FOR REVIEW AND

SIGNATURE

0.5   875.00$ $         437.50

2/9/2023 Wendy Cox READ AND RESPOND TO EMAILS FROM PLAINTIFFS AND CO‐COUNSEL 0.9 875.00$   $         787.50

2/9/2023 Wendy Cox REVISE FILING APPENDIX AND AMENDED COMPLAINT (0.9); PHONE CALL WITH G.

MANNELLA ABOUT FILING DOCUMENTS AND VERIFICATIONS (0.2)

1.1 875.00$   $         962.50

2/9/2023 Wendy Cox PHONE CALLS WITH P. TESTA REGARDING EMAIL FROM DOJ AND READ AND

RESPOND TO TEXT MESSAGES FROM P. TESTA

0.6   875.00$ $         525.00

2/9/2023 Wendy Cox READ AND RESPOND TO EMAILS AND TEXTS FROM C. WIEST 0.4 875.00$   $         350.00

2/9/2023 Wendy Cox PHONE CALL WITH R. SCHELSKE ABOUT FLAG ON HIS RECORD (0.6); READ AND

RESPOND TO PLAINTIFF TEXT MESSAGES (0.2); READ EMAILS FROM R. SCHELSKE

(0.2)

1 875.00$   $         875.00

2/9/2023 Wendy Cox PHONE CALLS WITH C. WIEST ABOUT AMENDED COMPLAINT 0.3 875.00$   $         262.50

2/9/2023 Wendy Cox EDIT DECLARATION FOR R. SCHELSKE AND EMAIL TO C. WIEST 0.7 875.00$   $         612.50

2/9/2023 Wendy Cox FINAL REVIEW AND REVISION OF AMENDED COMPLAINT 0.7 875.00$   $         612.50

2/10/2023 Dana Stone Smith REVIEW UPDATED AMENDED COMPLAINT WITH REVISIONS BY A. SIRI AND J.

SULLIVAN (.8); PHONE CALL WITH W. COX TO DISCUSS B. SCHELSKE FLAGS AND

AMENDED COMPLAINT (.4); REVIEW AND REVISE MOTION AND PROPOSED

ORDER FOR EXTENSION AND PAGE LIMIT INCREASE SENT BY W. COX (.5); PHONE

CALL WITH W. COX REGARDING MOTION FILING (.1)

1.8   775.00$ $     1,395.00

2/10/2023 Gina Mannella REVIEW AMENDED COMPLAINT (.6); EMAILS WITH W. COX AND N. TENNEY

REGARDING MOTION TO EXTEND TIME (.2); CALL WITH W. COX REGARDING

SAME (.3); REVIEW MOTION DOCUMENTS AND REVISE AS NEEDED (.2); FILE

MOTION TO EXTEND AND SEND PROPOSED ORDER TO JUDGE HENDRIX (.4);

SEND VERIFICATIONS AND APPENDIX TO C. WIEST (.6); REVIEW DRAFT RESPONSE

TO MOTION TO DISMISS (.6); REVIEW JUDGE HENDRIX ORDER GRANTING

MOTION TO EXTEND (.1)

3   240.00$ $         720.00

2/10/2023 Nicky Tenney PROOF MOTION FOR MORE TIME TO RESPOND TO MOTION TO DISMISS (.2);

EMAILS WITH W. COX, G. MANNELLA AND D. STONE (.1); CALLS WITH W. COX

(.2);  PROOF AMENDED COMPLAINT (1.9)

2.4 $        ‐ $                ‐

2/10/2023 Wendy Cox READ AND RESPOND TO EMAILS FROM CO‐COUNSEL (0.4); PHONE CALL WITH D.

STONE TO DISCUSS REPLY (0.4); FINALIZE CASE LAW RESEARCH AND EMAIL TO C.

WIEST (0.2)

1 875.00$   $         875.00

2/10/2023 Wendy Cox DRAFT AND EMAIL TO C. WIEST MOTION AND ORDER TO FILE EXCESS PAGES AND

EXTENSION OF TIME TO RESPOND TO MOTION TO DISMISS (1.8)

1.8   875.00$ $     1,575.00

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2/10/2023 Wendy Cox EMAIL FINAL DRAFT OF MOTION TO N. TENNEY AND G. MANNELLA FOR REVIEW

(0.2); REVIEW FINAL DRAFT OF MOTION AND ORDER AND EMAIL TO G.

MANNELLA FOR FILING (0.5); PHONE CALL WITH D. STONE ABOUT FILING

QUESTIONS (0.2); PHONE CALL WITH N. TENNEY REGARDING MOTION

SIGNATURE BLOCKS (0.1)

1 875.00$   $         875.00

2/10/2023 Wendy Cox PHONE CALLS WITH C. WIEST ABOUT AMENDED COMPLAINT (0.4); DRAFT AND

SEND EMAIL TO N. TENNEY (0.2)

0.6 875.00$   $         525.00

2/10/2023 Wendy Cox REVIEW RESPONSE TO MOTION TO DISMISS (2.8) 2.8 875.00$   $      2,450.00

2/10/2023 Wendy Cox DRAFT AND SEND EMAIL TO PLAINTIFFS REGARDING FILING OF AMENDED

COMPLAINT

0.2 875.00$   $         175.00

2/10/2023 Wendy Cox

PHONE CALL WITH N. TENNEY REGARDING SCHEDULING DUE DATES FOR CASE

0.1 $       ‐ $                ‐

2/11/2023 Wendy Cox DRAFT AND SEND EMAIL WITH AMENDED COMPLAINT FILING TO PLAINTIFFS 0.4 875.00$   $         350.00

2/11/2023 Wendy Cox READ AND RESPOND TO EMAILS FROM N. TENNEY 0.1 875.00$   $            87.50

2/11/2023 Wendy Cox REVIEW AND REVISE MOTION TO DISMISS RESPONSE 3.2 875.00$   $      2,800.00

2/13/2023 Dana Stone Smith PHONE CALL WITH W. COX TO DISCUSS MOTION TO DISMISS REPLY BRIEF (.2);

REVIEW AND REVISE MOTION TO DISMISS REPLY BRIEF AND RECONCILE

REVISIONS WITH UPDATED VERSION FROM C. WIEST (2.1)

2.3   775.00$ $     1,782.50

2/13/2023 Gina Mannella REVIEW EMAIL THREAD REGARDING CLASS DEFINITION (.1); CREATE REDLINE

VERSION OF CLASS DEFINITION FOR A. SIRI (.4); REVIEW OF EMAILS BETWEEN

TEAM REGARDING CLASS DEFINITION DOCUMENT (.3); RESEARCH LOCAL AND

FEDERAL RULES REGARDING SERVICE OF AMENDED COMPLAINT FOR W. COX

(.3); CALL WITH W. COX REGARDING AMENDED COMPLAINT (.1)

1.2 $       ‐ $                ‐

2/13/2023 Nicky Tenney EMAILS WITH W. COX AND G. MANNELLA (.1); ECF DOWNLOAD, SAVE AND

CIRCULATE (.1)

0.2 $        ‐ $                ‐

2/13/2023 Wendy Cox READ AND RESPOND TO EMAILS FROM CO‐COUNSEL AND PLAINTIFFS 1.1 875.00$   $         962.50

2/13/2023 Wendy Cox PHONE CALL WITH D. STONE TO DISCUSS MOTION TO DISMISS 0.2 875.00$   $         175.00

2/13/2023 Wendy Cox REVIEW AND COMMENT ON NEW CLASS DEFINITION 0.3 875.00$   $         262.50

2/13/2023 Wendy Cox PHONE CALL WITH G. MANNELLA TO DISCUSS CASE STATUS 0.1   875.00$ $           87.50

2/14/2023 Dana Stone Smith RESEARCH MOOTNESS (.9); PHONE CALL WITH W. COX TO DISCUSS REPLY BRIEF

(.3); PHONE CALL WITH G. MANNELLA REGARDING FORMATTING REPLY BRIEF

(.2); REVIEW FILED CLASS DEFINITION UPDATE (.2); PHONE CALL WITH W. COX TO

DISCUSS BRIEF REVISION PLAN (.3); REVIEW PLAINTIFF DECLARATIONS (.5); MAKE

ADDITIONAL REVISIONS TO REPLY BRIEF INCORPORATING NEWS ARTICLES AND

USMC STATUTE AND SEND TO W. COX FOR REVIEW (.9); REVIEW W. COX EDITS

TO REPLY BRIEF AND CIRCULATE TO GROUP FOR FURTHER REVIEW WITH

COMMENTS (.7)

4   775.00$ $     3,100.00

2/14/2023 Gina Mannella CALL WITH D. STONE REGARDING RESPONSE TO MOTION TO DISMISS (.2);

REVIEW PLAINTIFFS FILED NOTICE TO THE COURT REGARDING CLASS

DEFINITIONS (.1); UPDATE ACTION ITEMS LIST (.1); PRINT AND ASSEMBLE

AMENDED COMPLAINT AND APPENDIX FOR SERVICE BY MAIL (.4)

0.8 $        ‐ $                ‐

2/14/2023 Wendy Cox PHONE CALL WITH D. STONE REGARDING RESPONSE TO MOTION TO DISMISS 0.8 875.00$   $         700.00

2/14/2023 Wendy Cox READ AND RESPOND TO EMAILS FROM CO‐COUNSEL ON THE CASE 0.5 875.00$   $         437.50

2/14/2023 Wendy Cox REVIEW D. STONE REVISIONS TO RESPONSE TO MOTION TO DISMISS 0.8 875.00$   $         700.00

2/15/2023 Dana Stone Smith ZOOM STRATEGY MEETING (.5); REVIEW ARTICLE SENT BY A. SIRI REGARDING

NATIONAL GUARD SERVICEMEMBERS (.4); REVIEW ARTICLE SENT BY W. COX

WITH MILITARY TIMES INQUIRY TO SERVICE MEMBERS (.1)

1 775.00$   $         775.00

2/15/2023 Elizabeth Brehm ATTEND ZOOM MEETING WITH TEAM TO DISCUSS RESPONSE TO MOTION TO

DISMISS (0.2)

0.2 975.00$   $         195.00

2/15/2023 Gina Mannella REVIEW EMAILS REGARDING RESPONSE FILING (.1); PREPARE AMENDED

COMPLAINT FOR SERVICE VIA CERTIFIED MAIL AND TRAVEL TO POST OFFICE

(1.6); TEAM ZOOM MEETING REGARDING RESPONSE FILING (.7); REVIEW

VERSION 5 OF RESPONSE TO MOTION TO DISMISS AND NOTE CITATIONS (2.9);

CALL WITH W. COX REGARDING FILING OF RESPONSE (.2); EMAIL VERSION 5 TO

C. WIEST FOR REVIEW (.1); PROOFREAD AND CREATE TABLES FOR FINAL VERSION

OF RESPONSE TO MOTION TO DISMISS (3.1)

8.7   240.00$ $     2,088.00

2/15/2023 Wendy Cox ZOOM CALL WITH C. WIEST, A. SIRI, E. BREHM, T. BRUNS, D. STONE, G.

MANNELLA REGARDING CASE

0.3 875.00$   $         262.50

2/15/2023 Wendy Cox PULL CASES FROM PACER FOR TWO CASES FILED IN THE US CT. OF CLAIMS 0.3 $       ‐ $                ‐

2/15/2023 Wendy Cox REVIEW REVISIONS TO MOTION TO DISMISS RESPONSE 1.6 875.00$   $      1,400.00

2/15/2023 Wendy Cox PHONE CALLS WITH G. MANNELLA TO DISCUSS FILING AND REVIEW OF THE

MOTION TO DISMISS

0.3 875.00$   $         262.50

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2/15/2023 Wendy Cox PHONE CALL WITH C. WIEST ABOUT FINAL FILING OF THE MOTION TO DISMISS

AND READ AND RESPOND TO TEXT MESSAGE ABOUT THE SAME

0.2 875.00$   $         175.00

2/16/2023 Dana Stone Smith REVIEW NEW CLASS ACTION COMPLAINTS FILED SENT BY W. COX 1 775.00$   $         775.00

2/16/2023 Nicky Tenney ECF DOWNLOAD, SAVE AND CIRCULATE (.1) 0.1 $        ‐ $               ‐

2/17/2023 Dana Stone Smith REVIEW EMAILS FROM J. WALKER, C. WIEST, AND E. BREHM REGARDING

CONSENT TO AN EXTENSION TO ANSWER FOR DEFENDANTS (.3)

0.3 $        ‐ $                ‐

2/21/2023 Gina Mannella REVIEW EMAIL FROM W. COX REGARDING DEFENDANTS REQUEST FOR AN

EXTENSION AND FORWARD SAME TO N. TENNEY FOR CALENDAR

0.1 $        ‐ $                ‐

2/21/2023 Nicky Tenney ECFS DOWNLOAD, SAVE AND CIRCULATE (.2); CALL WITH G. MANNELLA

REGARDING CALENDARING (.1); RULE CHECK (.1); CALENDAR (.2)

0.6 $       ‐ $                ‐

2/21/2023 Wendy Cox READ AND RESPOND TO EMAILS FROM B. SCHELSKE 0.3 875.00$   $         262.50

2/23/2023 Wendy Cox READ AND RESPOND TO EMAILS FROM PLAINTIFFS 0.3 875.00$   $         262.50

2/24/2023 Gina Mannella

DRAFT AFFIDAVIT OF SERVICE AND ASSEMBLE EXHIBITS FOR PROOF OF SERVICE

OF AMENDED COMPLAINT AND APPENDIX FOR US ATTORNEYS GENERAL M.

GARLAND US ATTORNEY GENERAL FOR THE NORTHERN DISTRICT OF TEXAS (1.2);

MODIFY DOCUMENTS AND FILE AFFIDAVIT OF SERVICE (.5); UPLOAD AFFIDAVIT

DOCUMENTS TO CLIO (.1); UPDATE ACTION ITEMS LIST (.2)

2 $       ‐ $                ‐

2/24/2023 Nicky Tenney REVIEW AFFIDAVIT OF SERVICE FOR G. MANNELLA (.1); ECF DOWNLOAD, SAVE

AND CIRCULATE (.1)

0.2 $        ‐ $                ‐

2/24/2023 Wendy Cox REVIEW AFFIDAVIT OF SERVICE FOR AMENDED COMPLAINT 0.1 $        ‐ $                ‐

2/24/2023 Wendy Cox READ AND RESPOND TO EMAILS FROM PLAINTIFFS 0.1 875.00$   $            87.50

2/26/2023 Wendy Cox REVIEW AND EMAIL NEW ARMY POLICY IMPLEMENTING THE COVID‐19 VACCINE

RESCISSION

0.5 875.00$   $         437.50

2/27/2023 Dana Stone Smith REVIEW ARMY REPRIMAND POLICY MEMORANDUM 0.5 775.00$   $         387.50

2/27/2023 Wendy Cox READ EMAILS FROM A. SIRI AND C. WIEST 0.1 875.00$   $            87.50

2/27/2023 Wendy Cox READ AND RESPOND TO TEXT MESSAGES FROM Z. BAKICH 0.1 875.00$   $            87.50

2/28/2023 Wendy Cox

UPDATE ZOOM CALENDAR INVITE FOR CASE STRATEGY MEETING TOMORROW

0.1 $        ‐ $                ‐

2/28/2023 Wendy Cox READ AND RESPOND TO TEXT MESSAGES FROM Z. BUFKIN 0.2 875.00$   $         175.00

2/28/2023 Wendy Cox WATCH MILITARY PERSONNEL SUBCOMMITTEE ON COVID‐19'S IMPACT ON DOD

AND ITS SERVICEMEMBERS

0.4   875.00$ $         350.00

3/1/2023 Wendy Cox READ AND RESPOND TO TEXT MESSAGES AND PHONE CALL FROM PLAINTIFFS 0.2 875.00$   $         175.00

3/1/2023 Wendy Cox PHONE CALL WITH L. CHRISMAN ASKING FOR AN UPDATE ON THE CASE 0.2 875.00$   $         175.00

3/2/2023 Wendy Cox READ AND RESPOND TO EMAILS FROM PLAINTIFFS 0.2 875.00$   $         175.00

3/3/2023 Elizabeth Brehm ATTEND TEAMS MEETING WITH TEAM TO DISCUSS 0.1   975.00$ $           97.50

3/3/2023 Gina Mannella WEEKLY STRATEGY MEETING 0.1 240.00$   $            24.00

3/3/2023 Wendy Cox READ AND RESPOND TO EMAILS AND TEXT MESSAGES FROM PLAINTIFFS 0.2 875.00$   $         175.00

3/3/2023 Wendy Cox ZOOM CALL WITH C. WIEST, A. SIRI, T. BRUNS, G. MANNELLA, E. BREHM ABOUT

CASE

0.1 875.00$   $            87.50

3/3/2023 Wendy Cox PHONE CALL WITH Z. BUFKIN ABOUT CASE STATUS 0.4 875.00$   $         350.00

3/6/2023 Wendy Cox READ AND RESPOND TO EMAILS FROM PLAINTIFFS 0.4 875.00$   $         350.00

3/6/2023 Wendy Cox DRAFT NOTICE OF SUBSEQUENT FACTUAL DEVELOPMENT AND EMAIL TO C.

WIEST, A. SIRI, E. BREHM, T. BRUNS, D. SMITH, AND G. MANNELLA

1 875.00$   $         875.00

3/6/2023 Wendy Cox REVIEW AND EMAIL TRANSCRIPT FROM THE HOUSE ARMED SERVICE

COMMITTEE ON MILITARY PERSONNEL HOLDS HEARING TO C. WIEST, T. BRUNS,

AND G. MANNELLA

0.2   875.00$ $         175.00

3/7/2023 Gina Mannella EMAILS WITH W. COX REGARDING FILING OF NOTICE AND PREPARING

DOCUMENTS FOR FILING

0.1 240.00$   $            24.00

3/7/2023 Wendy Cox READ AND RESPOND TO EMAILS FROM PLAINTIFFS 0.2 875.00$   $         175.00

3/7/2023 Wendy Cox DRAFT AND SEND EMAIL WITH ATTACHMENTS TO G. MANNELLA ABOUT FILING

FOR THURSDAY

0.1 875.00$   $            87.50

3/8/2023 Elizabeth Brehm ATTEND TEAMS ZOOM TO DISCUSS FILING SUPPLEMENTAL FACTUAL

DEVELOPMENT FOR GALLOWAY, AND FILING NOTICE OF MILITARY TESTIMONY

TO CONGRESS

0.1 975.00$   $            97.50

3/8/2023 Gina Mannella REVIEW AND REVISE GALLOWAY NOTICE AND PREPARE EXHIBIT FOR FILING (.2);

CALL WITH W. COX REGARDING NOTICE (.2); TEAM ZOOM MEETING (.2)

0.6 240.00$   $         144.00

3/8/2023 Nicky Tenney ECF DOWNLOAD, SAVE AND CIRCULATE (.1) 0.1 $        ‐ $                ‐

3/8/2023 Wendy Cox READ AND RESPOND TO EMAILS FROM PLAINTIFFS 0.3 875.00$   $         262.50

3/8/2023 Wendy Cox REVIEW FACTUAL SUPPLEMENTAL DEVELOPMENT AND PHONE CALL WITH G.

MANNELLA

0.3   875.00$ $         262.50

3/8/2023 Wendy Cox ZOOM CALL WITH C. WIEST, A. SIRI, E. BREHM, AND G. MANNELLA 0.2 875.00$   $         175.00

3/9/2023 Nicky Tenney ECFS DOWNLOAD, SAVE AND CIRCULATE (.2) 0.2 $        ‐ $                ‐

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3/10/2023 Nicky Tenney

ECFS DOWNLOAD, SAVE AND CIRCULATE (.2); RULES CHECK (.1); CALENDAR (.1)

0.4 $        ‐ $                ‐

3/10/2023 Wendy Cox READ AND RESPOND TO EMAIL FROM S. GALLOWAY 0.3 875.00$   $         262.50

3/10/2023 Wendy Cox

EMAIL PLAINTIFFS DEFENDANTS NEWLY FILED MOTION TO DISMISS AND REPLY

0.2 875.00$   $         175.00

3/10/2023 Wendy Cox REVIEW DEFENDANTS MOTION TO DISMISS AMENDED COMPLAINT AND REPLY

TO OUR RESPONSE TO THEIR ORIGINAL MOTION TO DISMISS

1.1   875.00$ $         962.50

3/13/2023 Dana Stone Smith REVIEW DEFENDANTS' MOTION TO DISMISS AND DEFENDANTS' MEMORANDUM

IN SUPPORT OF MOTION TO DISMISS

1.2 775.00$   $         930.00

3/13/2023 Gina Mannella REVIEW DEFENDANTS ECF FILINGS 105 TO 108 0.8 $        ‐ $                ‐

3/13/2023 Wendy Cox READ AND RESPOND TO EMAILS FROM PLAINTIFFS 0.3 875.00$   $         262.50

3/14/2023 Wendy Cox READ AND RESPOND TO EMAILS FROM PLAINTIFFS 0.2 875.00$   $         175.00

3/15/2023 Gina Mannella TEAM ZOOM MEETING REGARDING RESPONSE DUE ON MARCH 31 0.2 240.00$   $            48.00

3/15/2023 Wendy Cox READ AND RESPOND TO EMAIL REGARDING ARMY SOLDIER WHO WAS

DISCHARGED

0.2 875.00$   $         175.00

3/16/2023 Wendy Cox READ THROUGH RECENTLY RELEASED ARMY POLICIES AND ORDERS RELATED TO

THE COVID‐19 VACCINE RESCISSION AND THE NAVY SEALS SURREPLY (1.9);

PHONE CALL WITH C. WIEST (0.1)

2   875.00$ $      1,750.00

3/16/2023 Wendy Cox REVIEW AND REVISE MOTION TO DISMISS AMENDED COMPLAINT RESPONSE

AND EMAIL TO T. BRUNS AND C. WIEST

6.2 875.00$   $      5,425.00

3/16/2023 Wendy Cox DRAFT AND SEND EMAIL TO FIVE PLAINTIFFS ASKING 0.2 875.00$   $         175.00

3/17/2023 Wendy Cox READ AND RESPOND TO EMAILS FROM PLAINTIFFS AND EMAIL C. WIEST AND T.

BRUNS

0.4 875.00$   $         350.00

3/19/2023 Wendy Cox READ AND RESPOND TO PLAINTIFFS EMAILS 0.1 875.00$   $            87.50

3/21/2023 Wendy Cox READ AND RESPOND TO EMAIL FROM D. MELL ABOUT CONTINUED HARM NOT

BEING RESCINDED

0.1   875.00$ $            87.50

3/22/2023 Elizabeth Brehm REVIEW AND EDIT MOTION TO DISMISS RESPONSE (0.8); ATTEND TEAM

MEETING TO DISCUSS CASE STRATEGY (0.3)

1.1 975.00$   $      1,072.50

3/22/2023 Gina Mannella TEAM ZOOM MEETING REGARDING RESPONSE TO MOTION TO DISMISS AND

OTHER ISSUES (.4)

0.4 240.00$   $            96.00

3/22/2023 Nicky Tenney RULES CHECK (.1); EMAILS WITH W. COX AND G. MANNELLA (.1) 0.2 $       ‐ $                ‐

3/22/2023 Wendy Cox

ZOOM CALL WITH C. WIEST, E. BREHM, T. BRUNS, AND G. MANNELLA TO GO

OVER DRAFT OF RESPONSE TO MOTION TO DISMISS AMENDED COMPLAINT (0.6)

0.6 875.00$   $         525.00

3/22/2023 Wendy Cox REVIEW MODIFIED RESPONSE TO MOTION TO DISMISS AMENDED COMPLAINT

AND EMAIL UPDATES TO C. WIEST ALONG WITH NEWEST POLICY AND

AUTHORITY

1.5 875.00$   $      1,312.50

3/23/2023 Aaron Siri REVIEW EDITS TO MOTION TO DISMISS AND TURN DRAFT OF SAME (1.0);

CIRCULATE ADDITIONAL EDITS (0.1)

1.1 975.00$   $      1,072.50

3/23/2023 Nicky Tenney

EMAILS WITH C. WIEST AND W. COX (.1); CALL WITH C. COX (.1); PROOF

PLAINTIFFS' OPPOSITION TO MOTION TO DISMISS AMENDED COMPLAINT (2.7)

2.9 $        ‐ $                ‐

3/23/2023 Wendy Cox PHONE CALL WITH N. TENNEY ABOUT TWO CHANGES IN RESPONSE TO MOTION

TO DISMISS AND CALENDAR ENTRIES FOR REPLY AND RESPONSE

0.8 $        ‐ $                ‐

3/24/2023 Nicky Tenney ECF DOWNLOAD, SAVE AND CIRCULATE (.1) 0.1 $        ‐ $                ‐

3/24/2023 Wendy Cox

REVIEW CHANGES TO RESPONSE TO MOTION TO DISMISS AMENDED COMPLAINT

0.4 875.00$   $         350.00

3/28/2023 Gina Mannella CALL WITH W. COX REGARDING CASE STATUS (.2); REVIEW OF PLAINTIFFS MEMO

IN OPPOSITION TO DEFENDANTS MOTION TO DISMISS (.6)

0.8 $        ‐ $                ‐

3/30/2023 Wendy Cox READ AND RESPOND TO EMAILS FROM PLAINTIFFS AND CO‐COUNSEL T. BRUNS

REGARDING UPDATES CONTINUING HARM

0.5 875.00$   $         437.50

3/31/2023 Gina Mannella REVIEW AND ACCEPT CALENDAR NOTICE REGARDING DEFENDANTS REPLY

DEADLINE

0.1 $       ‐ $                ‐

3/31/2023 Nicky Tenney UPDATE CALENDAR AND EMAILS WITH W. COX REGARDING SAME (.1) 0.1 $        ‐ $                ‐

3/31/2023 Wendy Cox READ AND RESPOND TO EMAIL FROM Z. BUFKIN AND B. SCHELSKE 0.5 875.00$   $         437.50

3/31/2023 Wendy Cox DRAFT AND SEND EMAIL TO N. TENNEY ABOUT SCHEDULING DEADLINE FOR

CASE

0.1   875.00$ $            87.50

4/2/2023 Wendy Cox READ AND RESPOND TO EMAILS FROM PLAINTIFFS AND EMAIL RECENT FILING

TO ALL PLAINTIFFS

0.3 875.00$   $         262.50

4/3/2023 Wendy Cox READ AND RESPOND TO EMAIL FROM J. COSTROFF 0.1 875.00$   $            87.50

4/5/2023 Gina Mannella WEEKLY ZOOM MEETING 0.2 240.00$   $            48.00

4/5/2023 Nicky Tenney ECF DOWNLOAD, SAVE AND CIRCULATE (.1) 0.1 $       ‐ $                ‐

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4/5/2023 Wendy Cox READ AND RESPOND TO EMAIL FROM J. COSTROFF 0.1 875.00$   $            87.50

4/5/2023 Wendy Cox ZOOM MEETING WITH C. WIEST, A. SIRI, E. BREHM, AND G. MANNELLA TO

DISCUSS CASE STATUS

0.2 875.00$   $         175.00

4/5/2023 Wendy Cox READ EMAIL FROM DEFENDANT ATTORNEY J. WALKER 0.1 875.00$   $            87.50

4/7/2023 Nicky Tenney ECF DOWNLOAD, SAVE AND CIRCULATE (.1) 0.1 $       ‐ $                ‐

4/7/2023 Wendy Cox CASE LAW RESEARCH REGARDING MOTION TO STRIKE DECLARATION IN

DEFENDANT'S REPLY BRIEF

1.8 875.00$   $      1,575.00

4/7/2023 Wendy Cox DRAFT MOTION TO STRIKE 2.1 875.00$   $      1,837.50

4/8/2023 Wendy Cox READ AND RESPOND TO EMAIL FROM S. GALLOWAY 0.1 875.00$   $            87.50

4/9/2023 Wendy Cox DRAFT MOTION TO STRIKE 3.7 875.00$   $      3,237.50

4/10/2023 Gina Mannella REVIEW DEFENDANTS REPLY AND SUPPLEMENTAL APPENDIX TO MOTION TO

DISMISS

0.6   240.00$ $         144.00

4/10/2023 Wendy Cox FINALIZE DRAFT OF MOTION TO STRIKE DECLARATION 0.9 875.00$   $         787.50

4/11/2023 Gina Mannella UPDATE ACTION ITEMS LIST 0.1 240.00$   $            24.00

4/11/2023 Wendy Cox CHECK CITATIONS IN MOTION TO STRIKE 0.3 $        ‐ $                ‐

4/12/2023 Wendy Cox PHONE CALL WITH L. CHRISMAN ABOUT STATUS OF CASE 0.2 875.00$   $         175.00

4/16/2023 Wendy Cox READ AND RESPOND TO EMAIL FROM Z. BUFKIN 0.1 875.00$   $            87.50

4/19/2023 Gina Mannella TEAM ZOOM MEETING TO DISCUSS STATUS OF CASE 0.2 240.00$   $            48.00

4/19/2023 Wendy Cox ZOOM CALL WITH C. WIEST, G. MANNELLA, AND T. BRUNS ABOUT CASE 0.2   875.00$ $         175.00

5/16/2023 Wendy Cox READ AND RESPOND TO EMAIL FROM F. SPINNER REGARDING Z. BUFKIN 0.3 875.00$   $         262.50

5/30/2023 Wendy Cox LISTEN TO VOICEMAIL FROM L. CHRISMAN (0.1); RETURN CALL AND LEAVE VOICE

MESSAGE (0.1); PHONE CALL WITH L. CHRISMAN (0.2)

0.4 875.00$   $         350.00

5/30/2023 Wendy Cox DRAFT AND SEND EMAIL TO PLAINTIFFS TO UPDATE THEM ON CASE 0.2 875.00$   $         175.00

5/31/2023 Gina Mannella CALL WITH W. COX REGARDING FIRM CURRICULUM VITAE FILED IN CASE AND

STATUS OF CASE

0.2 240.00$   $            48.00

5/31/2023 Wendy Cox PHONE CALL WITH G. MANNELLA TO DISCUSS DEFENDANT'S REPLY TO

PLAINTIFF'S RESPONSE

0.2   875.00$ $         175.00

5/31/2023 Wendy Cox PHONE CALL WITH G. MANNELLA TO DISCUSS CASE STATUS 0.2 875.00$   $         175.00

6/2/2023 Wendy Cox READ AND RESPOND TO EMAIL FROM PLAINTIFF 0.2 875.00$   $         175.00

6/13/2023 Wendy Cox READ AND EMAIL RECENT CASE OUT OF THE 5TH CIRCUIT, ABBOTT V. BIDEN, TO

C. WIEST AND T. BRUNS

0.6 875.00$   $         525.00

6/15/2023 Nicky Tenney ECF DOWNLOAD, SAVE, AND CIRCULATE (.1) 0.1 $       ‐ $                ‐

6/16/2023 Gina Mannella REVIEW DEFENDANTS FILING OF SUPPLEMENTAL AUTHORITY 0.1 240.00$   $            24.00

6/16/2023 Wendy Cox REVIEW RECENT FILING BY GOVERNMENT FOR CASE 0.3 875.00$   $         262.50

6/19/2023 Wendy Cox READ AND RESPOND TO EMAIL FROM Z. BUFKIN 0.1 875.00$   $            87.50

6/21/2023 Wendy Cox READ AND RESPOND TO EMAIL FROM Z. BUFKIN 0.1 875.00$   $            87.50

6/21/2023 Wendy Cox PHONE CALL WITH POTENTIAL WHISTLEBLOWER 0.8 875.00$   $         700.00

6/27/2023 Nicky Tenney ECF DOWNLOAD, SAVE AND CIRCULATE (.1); CALENDAR (.1) 0.2 $       ‐ $                ‐

6/27/2023 Wendy Cox READ RECENT ECF NOTICE FROM THE COURT (0.1); DRAFT AND SEND EMAIL TO

PLAINTIFFS REQUESTING THE INFORMATION (0.4)

0.5 875.00$   $         437.50

6/27/2023 Wendy Cox DRAFT AND SEND EMAIL TO A. SIRI, T. BRUNS, E. BREHM, G. MANNELLA AND C.

WIEST (0.1); READ EMAIL FROM C. WIEST (0.1)

0.2   875.00$ $         175.00

6/27/2023 Wendy Cox READ AND RESPOND TO EMAIL FROM B. SCHELSKE 0.2 875.00$   $         175.00

6/28/2023 Wendy Cox PHONE CALL WITH C. WIEST REGARDING CASE 0.2 875.00$   $         175.00

6/28/2023 Wendy Cox READ AND RESPOND TO EMAILS FROM B. BAKICH 0.2 875.00$   $         175.00

6/29/2023 Nicky Tenney ECFS DOWNLOAD, SAVE AND CIRCULATE (.2) 0.2 $        ‐ $               ‐

6/29/2023 Wendy Cox DRAFT AND SEND EMAIL TO ALL PLAINTIFFS REQUESTING ADDITIONAL

INFORMATION (0.4); READ EMAILS FROM DEFENDANT COUNSELORS (0.1)

0.5 875.00$   $         437.50

6/29/2023 Wendy Cox READ DEFENDANT'S MOST RECENT ECF FILING 0.1 875.00$   $            87.50

6/30/2023 Gina Mannella EMAILS WITH W. COX REGARDING CALL TO P. TESTA FOR SPREADSHEET

INFORMATION (.1)

0.1 240.00$   $            24.00

6/30/2023 Nicky Tenney ECFS DOWNLOAD, SAVE AND CIRCULATE (.3) 0.3 $       ‐ $                ‐

6/30/2023 Wendy Cox READ AND RESPOND TO EMAILS FROM PLAINTIFFS (0.4); CREATED EXCEL

SPREADSHEET WITH INFORMATION FOR COURT (1.1)

1.5 875.00$   $      1,312.50

6/30/2023 Wendy Cox RESEARCH ON VENUE AND MOOTNESS 1.2 875.00$   $      1,050.00

6/30/2023 Wendy Cox DRAFT AND SEND EMAIL TO G. MANNELLA REGARDING CONTACTING P. TESTA

REGARDING ADDITIONAL INFORMATION (0.1); READ AND RESPOND TO EMAIL

FROM G. MANNELLA (0.1)

0.2   875.00$ $         175.00

6/30/2023 Wendy Cox REVIEW JOINT MOTION (0.1); DRAFT AND SEND EMAIL TO C. WIEST, A. SIRI, E.

BREHM, AND T. BRUNS REGARDING MOTION FOR EXTENSION OF TIME TO FILE

JOINT RESPONSE (0.1)

0.2 875.00$   $         175.00

6/30/2023 Wendy Cox READ EMAILS BETWEEN DEFENDANTS AND C. WIEST 0.1 875.00$   $            87.50

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7/3/2023 Gina Mannella CALL WITH P. TESTA (.1); EMAIL TO W. COX REGARDING SAME (.1); FOLLOW UP

TEXT TO P. TESTA REGARDING W. COX FOLLOW UP QUESTIONS (.1)

0.3 240.00$   $            72.00

7/3/2023 Wendy Cox DRAFT AND SEND EMAIL TO G. MANNELLA REGARDING P. TESTA CONTACT 0.1 875.00$   $            87.50

7/3/2023 Wendy Cox READ AND RESPOND TO EMAILS FROM G. MANNELLA (0.2); CALL AND LEFT

MESSAGES WITH WEST POINT CADETS (0.4); READ AND RESPOND TO TEXT

MESSAGES FROM N. SABALLA (0.2)

0.8 875.00$   $         700.00

7/3/2023 Wendy Cox PHONE CALL WITH N. SABALLA 0.2 875.00$   $         175.00

7/3/2023 Wendy Cox READ AND RESPOND TO EMAIL FROM G. MANNELLA REGARDING P. TESTA

SEPARATION DATE

0.1 875.00$   $            87.50

7/5/2023 Elizabeth Brehm

ATTEND ZOOM MEETING WITH TEAM TO DISCUSS JOINT RESPONSE, POSSIBLE

SETTLEMENT TERMS, AND MOVING FOR CLASS CERTIFICATION (0.4)

0.4 975.00$   $         390.00

7/5/2023 Gina Mannella TEAM ZOOM MEETING 0.4 240.00$   $            96.00

7/5/2023 Nicky Tenney ECF DOWNLOAD, SAVE AND CIRCULATE (.1) 0.1 $        ‐ $                ‐

7/5/2023 Wendy Cox READ AND RESPOND TO EMAILS FROM PLAINTIFFS (0.3); PHONE CALL WITH D.

MELL (0.3)

0.6 875.00$   $         525.00

7/5/2023 Wendy Cox UPDATE SPREADSHEET WITH ADDITIONAL PLAINTIFF INFORMATION 0.6 875.00$   $         525.00

7/5/2023 Wendy Cox PHONE CALL WITH Z. BUFKIN 0.3 875.00$   $         262.50

7/5/2023 Wendy Cox REVIEW ENLISTED RECORD BRIEF SUBMITTED BY  EMAIL FROM B. SCHELSKE 0.2 875.00$   $         175.00

7/5/2023 Wendy Cox PHONE CALL WITH B. SCHELSKE REGARDING CONTINUING HARM EVIDENCE 0.4 875.00$   $         350.00

7/5/2023 Wendy Cox READ AND RESPOND TO EMAILS FROM S. GALLOWAY (0.2); READ AND RESPOND

TO EMAILS FROM B. SCHELSKE (0.4)

0.6 875.00$   $         525.00

7/5/2023 Wendy Cox EMAIL DOCUMENTS TO A. SIRI, E. BREHM, C. WIEST, AND T. BRUNS FOR ZOOM

MEETING

0.1 $        ‐ $                ‐

7/5/2023 Wendy Cox RESEARCH ON ARMY FLAG CODES UNDER AR 600‐8‐2 0.2   875.00$ $         175.00

7/5/2023 Wendy Cox ZOOM CALL TO DISCUSS JOINT FILING AND POSSIBLE SETTLEMENT OPTIONS 0.7 875.00$   $         612.50

7/5/2023 Wendy Cox CREATE ZOOM LINK FOR ZOOM MEETING WITH PLAINTIFFS (0.1); EMAIL TO C.

WIEST AND T. BRUNS AND ALL PLAINTIFFS (0.1)

0.2 $        ‐ $                ‐

7/5/2023 Wendy Cox DRAFT AND SEND EMAIL TO J. COSTROFF FOR ADDITIONAL INFORMATION 0.1 875.00$   $            87.50

7/6/2023 Wendy Cox READ AND RESPOND TO EMAIL FROM J. COSTROFF 0.1 875.00$   $           87.50

7/6/2023 Wendy Cox

EDIT DECLARATION FOR B. SCHELSKE (1.3); EDIT DECLARATION FOR J. COSTROFF

(1.2); EDIT DECLARATION FOR L. CHRISMAN (0.4); EDIT DECLARATION FOR S.

GALLOWAY (0.9); DRAFT AND SEND EMAIL TO ALL PLAINTIFFS (0.2)

4 875.00$   $      3,500.00

7/6/2023 Wendy Cox RESEARCH FILES AND EDIT DECLARATION FOR Z. BUFKIN 1.3 875.00$   $      1,137.50

7/6/2023 Wendy Cox READ AND RESPOND TO EMAILS FROM PLAINTIFFS 0.1 875.00$   $           87.50

7/6/2023 Wendy Cox READ AND RESPOND TO TEXT MESSAGE FROM PLAINTIFF S. CONKLIN 0.1 875.00$   $            87.50

7/7/2023 Gina Mannella READ FIFTH CIRCUIT NAVY SEALS DECISION 0.2 $        ‐ $                ‐

7/7/2023 Wendy Cox READ AND RESPOND TO EMAILS FROM PLAINTIFFS 0.1 875.00$   $            87.50

7/7/2023 Wendy Cox DRAFT Z. BUFKIN'S DECLARATION 0.1   875.00$ $           87.50

7/7/2023 Wendy Cox READ AND RESPOND TO EMAIL WITH REVISED DECLARATION FOR REVIEW FOR S.

GALLOWAY

0.4 875.00$   $         350.00

7/7/2023 Wendy Cox

READ AND RESPOND TO EMAIL WITH REVISED DECLARATION FOR K. COSTROFF

0.4 875.00$   $         350.00

7/7/2023 Wendy Cox DOWNLOAD AND REVIEW EMAIL ATTACHMENT FROM J. COSTROFF (0.2);

CREATE ADOBE FILE EXHIBIT (0.2)

0.4 $       ‐ $                ‐

7/7/2023 Wendy Cox ZOOM CALL WITH PLAINTIFFS B. SCHELSKE, J. COSTROFF, D. MELL, Z. BUFKIN, B.

BAKICH, C. WIEST, AND T. BRUNS TO DISCUSS CASE STATUS

0.6 875.00$   $         525.00

7/7/2023 Wendy Cox READ 5TH CIRCUIT NAVY SEALS OPINION (0.5); SEND EMAIL TO CO‐COUNSEL

(0.1)

0.6 875.00$   $         525.00

7/7/2023 Wendy Cox PHONE CALL WITH N. SABALLA ABOUT CASE AND CONTINUING HARM 0.3   875.00$ $         262.50

7/7/2023 Wendy Cox DRAFT AND SEND EMAIL TO PLAINTIFFS TO C. WIEST FOR REVIEW 0.4 875.00$   $         350.00

7/7/2023 Wendy Cox EDIT DECLARATION FOR B. SCHELSKE (0.6); EMAIL TO B. SCHELSKE FOR REVIEW

(0.1)

0.7 875.00$   $         612.50

7/8/2023 Wendy Cox READ AND RESPOND TO TEXT MESSAGE FROM N. HAMM REGARDING

DECLARATION

0.2   875.00$ $         175.00

7/8/2023 Wendy Cox READ AND RESPOND TO EMAIL FROM S. GALLOWAY 0.1 875.00$   $            87.50

7/8/2023 Wendy Cox DRAFT Z. BUFKIN'S DECLARATION 1.4 875.00$   $      1,225.00

7/10/2023 Nicky Tenney ECF DOWNLOAD, SAVE AND CIRCULATE (.1); CALENDAR (.1) 0.2 $        ‐ $                ‐

7/10/2023 Wendy Cox

READ AND RESPOND TO EMAILS FROM B. SCHELSKE (0.3); READ AND RESPOND

TO EMAIL FROM B. BAKICH (0.1); REVISE B. SCHELSKE DECLARATION (0.2)

0.6   875.00$ $         525.00

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7/10/2023 Wendy Cox FINALIZE EMAIL TO PLAINTIFFS AND SEND TO ALL PLAINTIFFS (0.2); UPDATE

SPREADSHEET (0.2)

0.4 875.00$   $         350.00

7/10/2023 Wendy Cox FINALIZE DECLARATION FOR Z. BUFKIN 0.5 875.00$   $         437.50

7/10/2023 Wendy Cox DRAFT AND SEND EMAIL TO C. WIEST, T. BRUNS, A. SIRI, AND E. BREHM WITH

DECLARATIONS ATTACHED

0.2 875.00$   $         175.00

7/10/2023 Wendy Cox PHONE CALL WITH P. TESTA ABOUT CASE AND HIS CURRENT HARM STATUS (0.3);

PHONE CALL WITH C. WIEST TO DISCUSS CASE (0.3); DRAFT AND SEND EMAIL TO

D. MELL WITH MEMORANDUM RESCINDING HIS GOMOR (0.1)

0.7   875.00$ $         612.50

7/10/2023 Wendy Cox PHONE CALL WITH L. CHRISMAN ABOUT PHONE CALL WITH JUDGE NEXT WEEK

(0.4); SCHEDULE ZOOM PREPARATION SESSION WITH L. CHRISMAN (0.2); DRAFT

AND SEND EMAIL TO L. CHRISMAN WITH HIS DECLARATIONS FROM THE CASE

(0.2)

0.8 875.00$   $         700.00

7/11/2023 Wendy Cox READ AND RESPOND TO EMAIL FROM CLASS MEMBER (0.1); READ ATTACHMENT

IN EMAIL, "STATEMENT OF ADMINISTRATION POLICY ‐ H.R. 2670 (0.2); DRAFT

AND SEND EMAIL TO C. WIEST AND T. BRUNS REGARDING THE ATTACHMENT

(0.1)

0.4 875.00$   $         350.00

7/11/2023 Wendy Cox PHONE CALL TO N. SABALLA (0.1); READ AND RESPOND TO TEXT MESSAGES

FROM N. SABALLA (0.2)

0.3 875.00$   $         262.50

7/11/2023 Wendy Cox DRAFT AND SEND EMAIL TO E. BREHM REGARDING SCHEDULING ZOOM

MEETING (0.1); READ AND RESPOND TO TEXT MESSAGES FROM C. WIEST (0.1)

0.2 875.00$   $         175.00

7/11/2023 Wendy Cox RESEARCH ON TIME TO PROCESS APPLICATIONS AT THE ARMY DISCHARGE

REVIEW BOARD AND CORRECTION OF MILITARY RECORDS

0.2 875.00$   $         175.00

7/12/2023 Wendy Cox READ AND RESPOND TO TEXT MESSAGE FROM N. SABALLA (0.1); PHONE CALL TO

N. SABALLA (0.1); DRAFT AND SEND TEXT MESSAGE TO D. MELL (0.1); READ AND

RESPOND TO EMAIL FROM Z. BUFKIN (0.1); READ AND REPLY TO EMAIL FROM C.

WIEST (0.1)

0.5   875.00$ $         437.50

7/12/2023 Wendy Cox DRAFT SETTLEMENT TERMS (0.9); PHONE CALL WITH C. WIEST (0.3) 1.2 875.00$   $      1,050.00

7/12/2023 Wendy Cox

DRAFT AND SEND TEXT MESSAGE TO PLAINTIFFS (0.2); PHONE CALL WITH L.

CHRISMAN (0.2); DRAFT AND SEND EMAIL TO Z. BUFKIN, L. CHRISMAN, S.

GALLOWAY, B. SCHELSKE, AND J. COSTROFF REGARDING

(0.2); DRAFT AND SEND EMAIL TO B. SCHELSKE (0.1); UPDATE

EXCEL SPREADSHEET (0.1); PHONE CALL WITH S. GALLOWAY (0.2); PHONE CALL

WITH J. COSTROFF (0.2); READ AND RESPOND TO TEXT MESSAGES FROM K.

BUFKIN (0.2); PHONE CALL WITH B. SCHELSKE (0.3); DRAFT AND SEND EMAIL TO

C. WIEST ABOUT PLAINTIFFS (0.1); PHONE CALL WITH Z. BUFKIN (0.3)

2.1   875.00$ $      1,837.50

7/12/2023 Wendy Cox EDIT B. SCHELSKE DECLARATION 0.2 875.00$   $         175.00

7/12/2023 Wendy Cox FINALIZE AND UPLOAD RESEARCH ONTO CLIO MANAGE 0.2 $        ‐ $                ‐

7/12/2023 Wendy Cox UPLOAD EXCEL SPREADSHEET INTO CLIO MANAGE 0.1 $        ‐ $                ‐

7/13/2023 Wendy Cox DRAFT AND SEND EMAIL TO C. WIEST, T. BRUNS, AND E. BREHM REGARDING

SCHEDULING OF ZOOM MEETING (0.1)

0.1 875.00$   $            87.50

7/13/2023 Wendy Cox READ JOINT SUPPLEMENT SUBMITTED BY DEFENDANTS (0.2); PHONE CALLS

WITH C. WIEST (0.5); FINALIZE DECLARATIONS AND SEND TO C. WIEST (0.3);

PHONE CALL WITH J. COSTROFF AND B. SCHELSKE (0.2); RESEARCH ON WHEN

SOLDIER IS ELIGIBLE FOR THE SENIOR LEADERSHIP COURSE (0.2)

1.4   875.00$ $      1,225.00

7/13/2023 Wendy Cox

FINALIZE DECLARATIONS FOR Z. BUFKIN, L. CHRISMAN, AND S. GALLOWAY (0.3);

DRAFT AND SEND EMAIL TO Z. BUFKIN, L. CHRISMAN, AND S. GALLOWAY WITH

DECLARATIONS FOR REVIEW AND SIGNATURE (0.2); DRAFT AND SEND EMAIL C.

WIEST WITH ADDITIONAL INFORMATION FOR FILING (0.3); UPDATE EXCEL

SPREADSHEET WITH NEW INFORMATION (0.1); DRAFT AND SEND EMAIL TO C.

WIEST WITH EXCEL SPREADSHEET (0.1) FINALIZE S. GALLOWAY SIGNED

DECLARATION WITH EXHIBIT (0.2); DRAFT AND SEND EMAIL TO C. WIEST WITH

SIGNED DECLARATIONS FROM TWO PLAINTIFFS (0.1)

1.3   875.00$ $      1,137.50

7/13/2023 Wendy Cox PHONE CALL WITH C. WIEST (0.2); FINALIZE AND EMAIL DECLARATIONS TO B.

SCHELSKE AND J. COSTROFF (1.5); DRAFT AND SEND EMAIL TO C. WIEST WITH

FINAL SIGNED DECLARATIONS WITH EXHIBITS (0.1)

1.8 875.00$   $      1,575.00

7/14/2023 Elizabeth Brehm

REVIEW AND EDIT JOINT SUPPLEMENTAL NOTICE (0.1); REVERT TO C. WIEST (0.1)

0.2   975.00$ $         195.00

7/14/2023 Nicky Tenney ECFS DOWNLOAD, SAVE AND CIRCULATE (.3) 0.3 $        ‐ $                ‐

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7/14/2023 Wendy Cox READ AND RESPOND TO EMAILS FROM C. WIEST (0.2); REVIEW AND REVISE

JOINT STATUS REPORT NOTICE FOR FILING (0.5); READ REVISIONS FROM T.

BRUNS TO JOINT STATUS REPORT (0.1); REVIEW DEFENDANTS JOINT STATUS

REPORT CHANGES (0.1)

0.9 875.00$   $         787.50

7/14/2023 Wendy Cox DRAFT AND SEND EMAIL TO B. SCHELSKE AND J. COSTROFF (0.2); READ EMAIL

AND ATTACHMENT FROM K. BUFKIN (0.1); DRAFT AND SEND EMAIL TO C. WIEST

ABOUT HARM TO Z. BUFKIN (0.1); DRAFT AND SEND TEXT MESSAGES TO Z.

BUFKIN ABOUT DECLARATION (0.1); REVISE Z. BUFKIN DECLARATION WITH

POSSIBLE ADDITION (0.3); READ AND RESPOND TO TEXT MESSAGE FROM Z.

BUFKIN (0.1)

0.9 875.00$   $         787.50

7/14/2023 Wendy Cox REVIEW GOVERNMENT'S APPENDIX TO JOINT STATUS REPORT FILING (0.2);

DRAFT AND SEND EMAIL TO PLAINTIFFS WITH UPDATES ON CASE (0.2)

0.4 875.00$   $         350.00

7/15/2023 Wendy Cox READ AND RESPOND TO EMAILS FROM PLAINTIFFS 0.1 875.00$   $            87.50

7/17/2023 Wendy Cox UPLOAD RECOUPMENT LETTER TO Z. BUFKIN FILE ON CLIO MANAGE 0.1 $       ‐ $                ‐

7/18/2023 Wendy Cox READ AND RESPOND TO EMAIL FROM Z. BUFKIN 0.1 875.00$   $            87.50

7/19/2023 Nicky Tenney ECF DOWNLOAD, SAVE AND CIRCULATE (.1); CALENDAR (.1) 0.2 $        ‐ $                ‐

7/19/2023 Wendy Cox DRAFT AND SEND EMAIL TO L. CHRISMAN WITH COURT CALL‐IN INFORMATION

(0.1)

0.1 875.00$   $            87.50

7/20/2023 Nicky Tenney ECF DOWNLOAD, SAVE AND CIRCULATE (.1) 0.1 $       ‐ $                ‐

7/20/2023 Wendy Cox DRAFT AND SEND TEXT TO C. WIEST AND T. BRUNS REGARDING ZOOM CALL

TONIGHT (0.1); DRAFT AND SEND TEXT TO L. CHRISMAN REGARDING TONIGHTS

ZOOM CALL (0.1); DRAFT AND SEND EMAIL TO C. WIEST, A. SIRI, E. BREHM, AND

T. BRUNS ABOUT SCHEDULING A MEETING (0.1)

0.3 875.00$   $         262.50

7/20/2023 Wendy Cox REVIEW L. CHRISMAN'S DECLARATIONS IN PREPARATION FOR ZOOM CALL 0.4 875.00$   $         350.00

7/20/2023 Wendy Cox PHONE CALL WITH C. WIEST (0.2); DRAFT AND SEND EMAIL TO C. WIEST (0.1);

RESEARCH ON ARMY DISCHARGE REVIEW BOARD APPOINTMENT AND

STANDARD OF REVIEW (0.4)

0.7 875.00$   $         612.50

7/20/2023 Wendy Cox ZOOM CALL WITH L. CHRISMAN TO DISCUSS CALL WITH JUDGE HENDRIX 0.8   875.00$ $         700.00

7/21/2023 Gina Mannella CALL WITH W. COX REGARDING DETAILS OF HEARING 0.5 240.00$   $         120.00

7/21/2023 Nicky Tenney ECF DOWNLOAD, SAVE AND CIRCULATE (.1); CALENDAR (.1) 0.2 $        ‐ $                ‐

7/21/2023 Wendy Cox PHONE STATUS CALL WITH JUDGE HENDRIX AND DEFENDANTS 0.8 875.00$   $         700.00

7/21/2023 Wendy Cox PHONE CALL WITH C. WIEST AND L. CHRISMAN 0.3   875.00$ $         262.50

7/21/2023 Wendy Cox PHONE CALL WITH B. SCHELSKE AND J. COSTROFF REGARDING UPDATES ON THE

CASE (0.4); DRAFT AND SEND TEXT MESSAGE TO J. COSTROFF AND B. SCHELSKE

(0.1); READ AND RESPOND TO MESSAGES FROM J. COSTROFF AND B. SCHELSKE

(0.1)

0.6 875.00$   $         525.00

7/21/2023 Wendy Cox PHONE CALL WITH G. MANNELLA ABOUT CASE 0.5 875.00$   $         437.50

7/21/2023 Wendy Cox RESEARCH ON SERVICE RECORD BRIEFS AND PROMOTION BOARDS (0.8); READ

AND RESPOND TO EMAILS FROM J. COSTROFF (0.2); READ AND RESPOND TO

EMAILS FROM B. SCHELSKE (0.1); READ AND RESPOND TO EMAILS FROM S.

GALLOWAY (0.1)

1.2 875.00$   $      1,050.00

7/21/2023 Wendy Cox DRAFT EMAIL FOR DOJ AND EMAIL TO C. WIEST 0.3 875.00$   $         262.50

7/21/2023 Wendy Cox READ AND RESPOND TO EMAIL MESSAGES FROM C. WIEST (0.4); DRAFT AND

SEND EMAILS TO S. GALLOWAY, J. COSTROFF, AND B. SCHELSKE ABOUT

DEFENDANTS PRODUCTION OF RECORD BRIEFS (0.1); READ AND RESPOND TO

TEXT MESSAGE FROM J. COSTROFF (0.1)

0.6   875.00$ $         525.00

7/21/2023 Wendy Cox PHONE CALL WITH C. WIEST TO DISCUSS NEW EVIDENCE CONCERNING RECORD

BRIEFS AND PROMOTION BOARD AND RESPONSE TO DOJ

0.4 875.00$   $         350.00

7/24/2023 Gina Mannella REVIEW ECF 124 APPENDIX OF DECLARATIONS AND ECF 127 PLAINTIFFS NOTICE

OF SUPPLEMENTAL AUTHORITY

0.2 240.00$   $            48.00

7/25/2023 Wendy Cox READ AND RESPOND TO TEXT MESSAGES AND EMAILS FROM J. COSTROFF AND

B. SCHELSKE

0.7 875.00$   $         612.50

7/25/2023 Wendy Cox PHONE CALL WITH C. WIEST ABOUT EMAIL FROM DEFENDANTS 0.3 875.00$   $         262.50

7/25/2023 Wendy Cox DRAFT AND SEND EMAIL TO S. GALLOWAY 0.1 875.00$   $            87.50

7/25/2023 Wendy Cox RESEARCH ON MILPER MESSAGE 0.3 875.00$   $         262.50

7/25/2023 Wendy Cox PHONE CALL WITH C. WIEST ABOUT RESPONSE FROM DEFENDANTS (0.2); DRAFT

AND SEND EMAIL TO DEFENDANTS REGARDING ENLISTED RECORD BRIEF ISSUE

(0.4); DRAFT AND SEND EMAIL TO J. COSTROFF WITH BOARD FILE FOR REVIEW

(0.1); REVIEW FILES OF J. COSTROFF AND Z. BUFKIN (0.5): DRAFT AND SEND

EMAIL TO Z. BUFKIN TO REVIEW FILE SENT BY DEFENDANTS (0.1)

1.3   875.00$ $     1,137.50

7/26/2023 Nicky Tenney ECF DOWNLOAD, SAVE AND CIRCULATE (.1) 0.1 $        ‐ $                ‐

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7/26/2023 Wendy Cox READ AND RESPOND TO TEXT MESSAGES FROM Z. BUFKIN (0.2); READ AND

RESPOND TO EMAIL FROM B. SCHELSKE (0.1); PHONE CALL WITH K. BUFKIN (0.4);

DRAFT AND SEND EMAIL TO B. SCHELSKE (0.1): PHONE CALL WITH B. SCHELSKE

TO DISCUSS BOARD FILE (0.2); DRAFT AND SEND EMAIL TO J. COSTROFF AND B.

SCHELSKE REGARDING PROMOTION BOARD (0.1); READ EMAILS FROM

DEFENDANTS AND PROPOSED JOINT MOTION FOR EXTENSION TO SUBMIT JOINT

STATUS REPORT (0.2); READ AND RESPOND TO TEXT MESSAGES FROM J.

COSTROFF AND B. SCHELSKE (0.2)

1.5   875.00$ $      1,312.50

7/26/2023 Wendy Cox PHONE CALLS WITH C. WIEST ABOUT CASE (0.7); READ AND RESPOND TO EMAILS

FROM C. WIEST (0.1)

0.8 875.00$   $         700.00

7/26/2023 Wendy Cox REVIEW B. SCHELSKE PROMOTION BOARD FILE 0.4 875.00$   $         350.00

7/26/2023 Wendy Cox RESEARCH ON PROMOTION BOARD AND ENLISTED RECORD BRIEF ISSUE 1 875.00$   $         875.00

7/26/2023 Wendy Cox PHONE CALL WITH C. WIEST TO DISCUSS CASE (0.2); REVIEW Z. BUFKIN MEDICAL

RECORDS AND EMAIL TO C. WIEST (0.7)

0.9   875.00$ $         787.50

7/27/2023 Nicky Tenney ECF DOWNLOAD, SAVE AND CIRCULATE (.1) 0.1 $        ‐ $                ‐

7/27/2023 Wendy Cox PHONE CALL WITH J. COSTROFF AND B. SCHELSKE TO DISCUSS CONTINUING

HARM AND CASE

0.3 875.00$   $         262.50

7/27/2023 Wendy Cox PHONE CALL WITH C. WIEST ABOUT RECENT EMAIL FROM DEFENDANTS (0.2);

READ EMAIL FROM DEFENDANTS REGARDING (0.1)

0.3   875.00$ $         262.50

7/27/2023 Wendy Cox DRAFT AND SEND TEXT MESSAGE TO Z. BUFKIN TO SET UP PHONE CALL TO

DISCUSS

0.1 875.00$   $            87.50

7/28/2023 Wendy Cox READ AND RESPOND TO TEXT MESSAGE FROM Z. BUFKIN; DRAFT EMAIL AND

SEND ENLISTED RECORD BRIEF ATTACHMENTS TO S. GALLOWAY, B. SCHELSKE,

AND J. COSTROFF FOR REVIEW (0.1); READ EMAIL FROM DEFENDANTS

PERTAINING TO LEGACY ENLISTED RECORD BRIEFS (0.1); DRAFT AND SEND TEXT

MESSAGE TO B. SCHELSKE AND J. COSTROFF (0.1); READ AND RESPOND TO

EMAIL FROM S. GALLOWAY (0.1); READ AND RESPOND TO EMAILS FROM B.

SCHELSKE (0.4)

0.8   875.00$ $         700.00

7/28/2023 Wendy Cox PHONE CALL WITH Z. BUFKIN TO DISCUSS 0.2 875.00$   $         175.00

7/28/2023 Wendy Cox READ AND RESPOND TO EMAILS FROM S. GALLOWAY 0.2 875.00$   $         175.00

7/28/2023 Wendy Cox READ AND RESPOND TO EMAILS FROM S. GALLOWAY REGARDING NEW RECORD

BRIEFS REDACTION PROPOSAL (0.2); DRAFT AND SEND EMAIL TO B. SCHELSKE

AND J. COSTROFF ABOUT NEWLY REDACTED RECORD BRIEFS (0.1); DRAFT AND

SEND EMAIL TO C. WIEST WITH NEW REDACTED RECORD BRIEFS ATTACHED (0.2);

PHONE CALL WITH C. WIEST (0.1)

0.6   875.00$ $         525.00

7/29/2023 Wendy Cox RESEARCH ON 1 875.00$   $         875.00

7/30/2023 Wendy Cox RESEARCH ON MOOTNESS, (0.9); DRAFT

AND SEND EMAIL TO C. WIEST, T. BRUNS, AND G. MANNELLA WITH UPDATE ON

CASE ISSUES (0.2)

1.1 875.00$   $         962.50

7/31/2023 Nicky Tenney ECFS DOWNLOAD, SAVE AND CIRCULATE (.5) 0.5 $        ‐ $                ‐

7/31/2023 Wendy Cox

READ EMAIL FROM DEFENDANTS (0.1); DRAFT AND SEND TEXT MESSAGE TO B.

SCHELSKE AND J. COSTROFF (0.1); PHONE CALLS WITH C. WIEST (0.4); PHONE

CALLS WITH B. SCHELSKE (0.4); PHONE CALL WITH S. GALLOWAY (0.2); PHONE

CALL WITH J. COSTROFF (0.1); EDIT J. COSTROFF DECLARATION (0.7)

2   875.00$ $      1,750.00

7/31/2023 Wendy Cox EDIT S. GALLOWAY DECLARATION (0.4); PHONE CALLS WITH B. SCHELSKE AND J.

COSTROFF (0.4); READ AND RESPOND TO TEXT MESSAGE FROM C. WIEST (0.1);

DRAFT AND SEND EMAIL WITH DECLARATION FOR REVIEW TO C. WIEST (0.1);

DRAFT DECLARATIONS FOR B. SCHELSKE AND J. COSTROFF (0.6); PHONE CALL

WITH J. COSTROFF (0.1)

1.7   875.00$ $      1,487.50

8/1/2023 Nicky Tenney ECF DOWNLOAD, SAVE AND CIRCULATE (.1) 0.1 $        ‐ $                ‐

8/3/2023 Nicky Tenney ECF DOWNLOAD, SAVE AND CIRCULATE (.1) 0.1 $        ‐ $                ‐

8/11/2023 Wendy Cox READ AND RESPOND TO EMAIL FROM B. SCHELSKE ABOUT

(0.2); DRAFT AND SEND EMAIL TO C. WIEST AND T. BRUNS REGARDING

CONTINUING HARM TO B. SCHELSKE (0.3); READ AND RESPOND TO EMAIL FROM

C. WIEST (0.2)

0.7 875.00$   $         612.50

8/15/2023 Wendy Cox LISTEN TO VOICEMAIL FROM L. CHRISMAN (0.1); TEXT L. CHRISMAN REGARDING

STATUS OF CASE (0.1)

0.2 875.00$   $         175.00

8/18/2023 Nicky Tenney ECF DOWNLOAD, SAVE AND CIRCULATE (.1) 0.1 $        ‐ $                ‐

8/28/2023 Wendy Cox PHONE CALL WITH L. CHRISMAN TO DISCUSS CASE UPDATES 0.2 875.00$   $         175.00

9/7/2023 Gina Mannella REVIEW DEFENDANTS NOTICE OF SUPPLEMENTAL AUTHORITY 0.5 240.00$   $         120.00

9/7/2023 Nicky Tenney ECF DOWNLOAD, SAVE AND CIRCULATE (.1) 0.1 $        ‐ $                ‐

9/8/2023 Wendy Cox RESEARCH ON CURRENT COVID‐19 POLICIES AT DIFFERENT MILITARY FORTS 0.5 875.00$   $         437.50

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9/14/2023 Gina Mannella REVIEW MEMORANDUM OPINION AND ORDER 1.2 240.00$   $         288.00

9/14/2023 Nicky Tenney ECF DOWNLOAD, SAVE AND CIRCULATE (.1); REVIEW ORDER (.3); REVIEW EMAIL

FROM W. COX REGARDING NEXT STEPS (.2)

0.6 $        ‐ $                ‐

9/14/2023 Wendy Cox

DRAFT AND SEND EMAIL TO PLAINTIFFS WITH UPDATE ON CASE AND COURT

OPINION ATTACHED (0.1);  READ RECENT OPINION AND ORDER FROM COURT

(1.5); READ AND RESPOND TO EMAIL FROM PLAINTIFF (0.1) READ AND RESPOND

TO TEXT MESSAGES FROM C. WIEST REGARDING OPINION AND ORDER (0.2);

DRAFT AND SEND EMAIL TO A. SIRI, E. BREHM, C. WIEST, T. BRUNS, N. TENNEY

WITH BRIEF SYNOPSIS OF RECENT OPINION AND ORDER BY JUDGE HENDRIX (0.2)

2.1   875.00$ $      1,837.50

9/14/2023 Wendy Cox READ AND RESPOND TO EMAIL REGARDING 0.2 875.00$   $         175.00

9/15/2023 Nicky Tenney EMAIL TO W. COX REGARDING CALENDARING (.1) 0.1 $        ‐ $                ‐

9/15/2023 Wendy Cox READ EMAIL FROM DOJ (0.1); DRAFT AND SEND MESSAGE TO C. WIEST AND T.

BRUNS FOR A REQUEST FOR CONFERENCE (0.1); READ AND RESPOND TO TEXT

MESSAGES FROM C. WIEST AND T. BRUNS (0.2)

0.4   875.00$ $         350.00

9/18/2023 Wendy Cox READ AND RESPOND TO EMAIL FROM N. TENNEY (0.1); DRAFT AND SEND EMAIL

TO A. SIRI, E. BREHM, T. BRUNS, AND C. WIEST ABOUT CONFERENCE WITH DOJ

(0.1); DRAFT EMAIL TO C. WIEST CONFIRMING TIME FOR PHONE CALL WITH

DEFENDANTS (0.1); READ AND RESPOND TO TEXT MESSAGES FROM C. WIEST

(0.2); DRAFT AND SEND EMAIL TO DISMISSED PLAINTIFFS TO SCHEDULE A TEAMS

MEETING (0.2)

0.7   875.00$ $         612.50

9/18/2023 Wendy Cox PHONE CALL WITH B. SCHELSKE (0.2); PHONE CALL WITH D. MELL (0.2); PHONE

CALL WITH L. CHRISMAN (0.2)

0.6 875.00$   $         525.00

9/19/2023 Wendy Cox MEET AND CONFER PHONE CONFERENCE WITH DEFENDANTS (0.4); PHONE CALL

WITH C. WIEST, A. SIRI, AND T. BRUNS TO DISCUSS CASE AFTER PHONE CALL

WITH DEFENDANTS (0.6); DRAFT AND SEND TEXT MESSAGES TO L. CHRISMAN TO

SCHEDULE PHONE CALL WITH COUNSEL (0.2); DRAFT AND SEND EMAIL TO C.

WIEST REQUESTING FINAL DRAFT OF AMENDED COMPLAINT IN MICROSOFT

WORD (0.1)

1.3   875.00$ $      1,137.50

9/19/2023 Wendy Cox SET UP TEAMS MEETING FOR DISMISSED PLAINTIFFS AND SEND CALENDAR

INVITE

0.2 875.00$   $         175.00

9/19/2023 Wendy Cox PHONE CALL WITH Z. BUFKIN TO DISCUSS THE MOST RECENT OPINION BY JUDGE

HENDRIX

0.3 875.00$   $         262.50

9/19/2023 Wendy Cox TEAMS MEETING  WITH L. CHRISMAN TO DISCUSS 1 875.00$   $         875.00

9/19/2023 Wendy Cox REDACT AMENDED COMPLAINT 0.9 875.00$   $         787.50

9/20/2023 Wendy Cox REVISE AMENDED COMPLAINT (1.8); DRAFT AND SEND EMAIL TO C. WIEST AND

T. BRUNS WITH REVISED AMENDED COMPLAINT ATTACHED (0.2)

2 875.00$   $      1,750.00

9/20/2023 Wendy Cox DRAFT AND SEND TEXT MESSAGE TO C. WIEST REGARDING QUESTION ABOUT

UPCOMING TEAMS MEETING WITH THE PLAINTIFFS (0.1); REPLY TO TEXT

MESSAGE FOR Z. BUFKIN REGARDING THE UPCOMING TEAMS MEETING (0.1);

READ AND RESPOND TO EMAIL FROM S GALLOWAY REGARDING TEAMS

MEETING TOMORROW (0.1)

0.3   875.00$ $         262.50

9/20/2023 Wendy Cox PHONE CALLS WITH C. WIEST REGARDING POSSIBLE VENUE TRANSFER REQUEST

BY DEFENDANTS (0.3); RESEARCH ON VENUE TRANSFER (0.3); DRAFT AND SEND

TEXT MESSAGE TO L. CHRISMAN (0.1); PHONE CALL WITH L. CHRISMAN (0.4);

TEAM CALL WITH J. SULLIVAN, C. WIEST, AND A. SIRI REGARDING VENUE

DISCUSSION (0.6)

1.7   875.00$ $      1,487.50

9/20/2023 Wendy Cox RESEARCH ON

(2.2); DRAFT AND

SEND EMAIL TO A. SIRI, T. BRUNS, C. WIEST, AND J. SULLIVAN WITH BRIEF

SYNOPSIS OF RESEARCH (0.2)

2.4 875.00$   $      2,100.00

9/21/2023 Elizabeth Brehm REVIEW AND RESPOND TO TEAM EMAILS CONCERNING LEGAL RESEARCH FOR

VENUE ISSUES

0.2 975.00$   $         195.00

9/21/2023 Wendy Cox RESEARCH ON IMPROPER VENUE MOTION 2.8 875.00$   $      2,450.00

9/21/2023 Wendy Cox TEAMS MEETING WITH DISMISSED PLAINTIFFS 0.3 875.00$   $         262.50

9/21/2023 Wendy Cox DRAFT AND SEND TEXT MESSAGE TO L. CHRISMAN 0.1 875.00$   $            87.50

9/22/2023 Dana Stone Smith RESEARCH CLASS JURISDICTIONAL ISSUES AND SEND ANALYSIS TO E. BREHM 2.5 775.00$   $      1,937.50

9/22/2023 Elizabeth Brehm EMAILS WITH D. SMITH CONCERNING LEGAL RESEARCH ON VENUE FOR CLASS

ACTIONS (0.1)

0.1 975.00$   $            97.50

9/22/2023 Wendy Cox PHONE CALL WITH C. WIEST (0.3); PHONE CALL WITH L. CHRISMAN WITH CASE

UPDATE (0.3)

0.6   875.00$ $         525.00

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9/22/2023 Wendy Cox

DRAFT AND SEND EMAIL TO C. WIEST WITH ADDITIONAL CASE LAW RESEARCH

0.3 875.00$   $         262.50

9/22/2023 Wendy Cox DRAFT AND SEND TEXT MESSAGES TO L. CHRISMAN  WITH UPDATE ON CASE

REGARDING POSSIBLE SETTLEMENT (0.1); READ AND RESPOND TO TEXT

MESSAGE FROM CLIENT (0.1); RESEARCH ON (0.2)

0.4 875.00$   $         350.00

9/26/2023 Wendy Cox PHONE CALL WITH C. WIEST TO DISCUSS EMAIL FROM DEFENDANTS AND

SETTLEMENT (0.2); DRAFT AND SEND TEXT MESSAGE TO L. CHRISMAN (0.1);

LISTEN TO VOICEMAIL FROM L. CHRISMAN (0.1); PHONE CALL WITH L. CHRISMAN

(0.3)

0.7 875.00$   $         612.50

SERVICES SUBTOTAL: 1026.8 $  698,154.50

EXPENSES:

Date Notes Total

9/23/2022 STATE OF TEXAS CERTIFICATE OF GOOD STANDING FOR W. MOLLER $            25.00

10/4/2022 FILING FEE ‐ COMPLAINT $         402.00

10/4/2022 SERVICE OF PROCESS TO DEFENDANTS VIA CERTIFIED AND PRIORITY MAIL $         137.10

10/5/2022 POSTAGE FOR CERTFIED PRIORITY MAIL TO SEND NOTICE OF APPENDIX TO

DEFENDANTS

$         163.20

10/13/2022 PRO HAC VICE FOR A. SIRI $         100.00

10/13/2022 PRO HAC VICE FOR E. BREHM $         100.00

10/13/2022 PRO HAC VICE FOR C. WIEST $         100.00

10/17/2022 PRO HAC VICE FOR THOMAS BRUNS $         100.00

11/30/2022 LEXIS NEXIS RESEARCH FEES (NOVEMBER 2022) $            64.63

12/12/2022 SUPPLIES FOR EXHIBIT BINDERS FOR HEARING ON DECEMBER 16 $         355.34

12/13/2022 FEDEX SHIPPING BOX FOR DELIVERY OF EXHIBIT BINDERS $            10.46

12/14/2022 D. STONE PRO HAC VICE APPLICATION FEE $         100.00

12/13/2022 ROUNDTRIP AIRFARE FOR V. SCHELSKE FROM RALEIGH TO LUBBOCK ON

DECEMBER 15 2022

$     1,173.02

12/14/2022 H. BAKICH AIRFARE FROM EL PASO TO LUBBOCK ON DECEMBER 15 2022 $         577.60

12/14/2022 H. BAKICH AIRFARE FROM LUBBOCK TO DALLAS ON DECEMBER 16 2022 $         311.98

12/14/2022 H. BAKICH HOTEL STAY AT COURTYARD LUBBOCK FOR PRELIMINARY HEARING $         240.35

12/14/2022 P. TESTA AND SON AIRFARE TO LUBBOCK FOR HEARING ON DECEMBER 16 2022 $      1,487.90

12/14/2022 P. TESTA AND SON HOTEL STAY AT COURTYARD LUBBOCK $         240.35

12/15/2022 AIRFARE FOR Z. BUFKIN TO LUBBOCK FOR HEARING ON DECEMBER 16 2022 $         986.03

12/15/2022 COURTYARD HOTEL STAY FOR PRELIMINARY INJUNCTION HEARING ON

DECEMBER 16 2022

$         240.35

12/16/2022 TO W. COX AND C. WIEST $         166.83

12/15/2022 COURTYARD ‐ LUBBOCK $         348.10

12/11/2022 FLIGHT TO LUBBOCK, TX $         511.60

12/21/2022 TRANSCRIPT OF PRELIMINARY INJUNCTION HEARING ON DECEMBER 16 2022 $         992.80

12/8/2022 SOUTHWEST AIRLINES AIRFARE FOR W. COX FOR PRELIMINARY HEARING ON

DECEMBER 16

$         605.96

12/15/2022 OVERTON HOTEL FOR W. COX FOR PRELIMINARY INJUNCTION HEARING ON

DECEMBER 16

$         529.50

12/15/2022 W. COX LYFT IN LUBBOCK $            21.79

12/16/2022 SOUTHWEST AIRLINES FEE FOR W. COX $              8.00

12/16/2022 TRAVEL FROM LUBBOCK TO AUSTIN $         138.94

12/16/2022 LYFT FOR W. COX $            60.29

12/16/2022 MEAL IN LUBBOCK FOR W. COX $            55.61

12/17/2022 COURTYARD MARRIOTT LUBBOCK FOR W. COX $         228.11

10/11/2022 W. COX ADMISSION FEE TO NORTHERN DISTRICT OF TEXAS $         213.00

12/31/2022 LEXIS NEXIS CHARGES FOR DECEMBER 2022 $            46.49

1/31/2023 LEXIS‐NEXIS CHARGES FOR JANUARY 2023 $           42.89

2/17/2023 NATIONWIDE COURT SERVICES INC. FOR SERVICE OF SUBPOENA FOR J.

GARWACKI FOR DECEMBER 16 2022 HEARING IN LUBBOCK

$         195.00

2/28/2023 LEXIS NEXIS CHARGES FOR FEBRUARY 2023 $            36.14

4/30/2023 LEXIS NEXIS CHARGES FOR APRIL 2023 $            40.60

EXPENSES SUBTOTAL: $    11,156.96

Page 34 of 35

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TOTAL: $  709,311.46

Page 35 of 35

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EXHIBIT C

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1

UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF TEXAS

SAN ANGELO DIVISION

ROBERT SCHELSKE, et al.,

Plaintiffs,

v.

LLOYD J. AUSTIN, III,

United States Secretary of Defense, et al.,

Defendants.

No. 6:22-cv-0049-H

DECLARATION OF CHRISTOPHER WIEST, ESQ.

Pursuant to 28 U.S.C. §1746, the undersigned, Christopher Wiest, Esq., makes the following 

declaration, under penalty of perjury under the laws of the United States of America, that the

facts contained herein are true and correct to the best of my knowledge and belief and that such 

facts are made based on my personal knowledge:

1. My name is Christopher Wiest, and I am, and have been, one of the Counsel for 

Plaintiffs, in relation to the above captioned matter.

2. I received my law degree from the University of Cincinnati in 2004. I was first admitted 

to practice law in Ohio in 2004, and Kentucky in May, 2005. I have actively practiced 

law for more than 18 years.

3. I am the sole member and owner of my law firm, Chris Wiest, Attorney at Law, PLLC, 

have an associate attorney whom I employ, and involve and work with other firms on my 

larger cases.

4. I maintain physical offices for my firm in Cincinnati, Ohio, Covington, Kentucky, and 

Crestview Hills, Kentucky, though have practiced cases in the last two years alone, in 

federal courts across the country, including handling cases in New York; Washington 

D.C.; Florida; Texas; Mississippi; West Virginia; and California. 

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2

5. Based on my background, experience, education, and skill, the hours requested in the fee

application, by both myself, and my co-counsel, have been necessarily expended.

6. The fees requested comport with and are reasonable in light of the factors contained in

both Ohio Rules of Professional Conduct 1.5, and Texas Disciplinary Rules of

Professional Conduct 1.4, insofar as the fees in this matter accurately reflect the time and

labor required in the prosecution of this matter, the difficulty of the questions involved,

the skill required to perform the work properly, comport with the fees charged by others

for similar legal services, and are appropriate in light of the results obtained.

7. I am currently a member in good standing of the Kentucky and Ohio bar. I am also

licensed to practice law in the United States District Courts for the Eastern and Western

Districts of Kentucky, the Northern and Southern Districts of Ohio, the D.C. District

Court, the D.C. Circuit Court of Appeals, and the United States Courts of Appeals for the

Second, Fourth, and Sixth Circuits. I have also been admitted to the U.S. Court of

Appeals for the Armed Forces since 2004.

8. From 2004 to 2005, I practiced law as an Assistant Attorney General for the Ohio

Attorney General’s Office. From 2005 to 2012, I practiced law with a large international

law firm. Since 2012 (except from April 2017 through January 2018), I have actively

practiced law in my current firm.

9. Since 2013 to the present, starting with the with the handling of Kenny Brown, et. al. v.

Kentucky LRC, et. al., 2:13-CV-00068 (EDKY) (Brown), I have handled a significant

number of Constitutional – and in some case cutting edge matters in federal court, usually

as lead counsel. I have attached, as Exhibit 1, a curriculum vitae that outlines much of

that experience.

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10. As a consequence of the foregoing experience, Plaintiffs and my colleagues at Siri

Glimstad, LLP, involved me in this matter.

11. In my current practice, I charge clients on a case-by-case basis, depending on the

complexity, forum, and difficulty of the litigation.

12. This litigation is among the most challenging that I have handled in my career: it

involved complex issues of constitutional law, administrative law, and military law. It

involved the presentation (and eventually mooting out) of class certification issues.

Every issue in this case involved contested issues with the opposing side, represented by

the United States Department of Justice, who vigorously defended this case with every

resource available to the United States Government. The complexity and difficulty of

this case is why the case was staffed how it was staffed.

13. The issues of the case were complex and novel, and the prospect of challenging a

vaccination requirement on religious grounds, during a pandemic, in a case involving the

military, had a significant degree of both unpopularity and difficulty.

14. As the Government Counsel observed during the preliminary injunction hearing, in most

of these sorts of cases and challenges the Government prevailed, and that was because a

high degree of nuance and skill was necessary to overcome the Government’s arguments

and resources. The undersigned and my co-counsel were among a very small group of

lawyers who were able to prevail in such cases.

15. Decisions in case handling were generally handled on a team approach basis, though

ultimately were made by myself, Aaron Siri, and Tom Bruns, in consultation with John

Sullivan.

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4

16. Case staffing was managed by delegating tasks to more junior attorneys where we could

– but where a particular pleading or motion involved a high degree of sophistication or a

particular area of expertise, (which was the case with several of the pleadings in this 

case), it was assigned accordingly based on the needs of the case. 

17. We utilized critical experience from within our team in making staffing decisions and

task delegations and ensuring that we appropriate addressed aspects of this case. For

instance, Ms. Wendy Cox served as an Army Judge Advocate for more than a decade,

and we relied on her for many military law aspects of the case and this insight positioned

her to be the primary point of contact with military clients. I had experience with both

some of the military law aspects of the case, as well as the administrative and

constitutional aspects of the case, federal court litigation, and litigation of constitutional

Free Exercise challenges in a pandemic. Mr. Siri and Ms. Brehm had experience with

legal issues surrounding vaccines as well as experience with the science and medical

issues of vaccines, which helped to formulate arguments we made about least restrictive

means, as well as class action experience, which aided in those aspects of the case. Mr.

Bruns provided senior litigator perspective as well as experience with the constitutional

aspects of the case, federal court litigation, and litigation of constitutional Free Exercise

challenges in a pandemic; and Mr. Sullivan had free exercise experience and provided

critical insight into the practices and expectations of practice in the Northern District of

Texas. Associate and paralegal support came from the Siri Glimstad firm.

18. I have previously charged clients for my most significant and complex matters $850 an

hour, and here, in this fee request, I am requesting $825 an hour. Our fee agreements

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5

with the clients were taken on the basis of an assignment of any attorney fee awards to 

the attorneys. 

19. The requested rate is also based on the rates awarded in Hill v. Schilling, 2022 U.S. Dist.

LEXIS 79790 (NDTX 2022), where the Court awarded, in May, 2022, $820 an hour to an

attorney with 23 years’ experience. Due to significant inflation, that rate, today, would

be $861.39 per hour as of November, 2023 inflation data, and is likely higher as of

January, 2024.1 Because I have less experience than 23 years, I am seeking $825.

20. I note that this litigation bears significant comparisons to Franciscan All., Inc. v. Becerra,

2023 U.S. Dist. LEXIS 118561 (NDND 2023), in which the Court noted that RFRA

claims, which were the case here, and particularly those involving challenges to federal

policy, "participate in a market requiring more specialized and sophisticated legal

services." In that case, the Court awarded fees for similarly experienced attorneys, with

similar claims, against similar federal Defendants, at $1,000 per hour. See Becerra, 7:16-

cv-00108-O, at Doc. 224-2. While I am not seeking $1,000 per hour, Becerra would

support such a rate.

21. Of some relevance is Vestas-American Wind Tech., Inc. v. Salazar, 2021 U.S. Dist.

LEXIS 257797 (NDTX 2021); see, also, Vestas-American Wind Tech., Inc. v. Salazar,

2021 U.S. Dist. LEXIS 73179 (NDTX 2021), in which partner time was awarded by this

court to an attorney with similar years of experience that I have, at the rate of $500 per

hour (associates were $415 per hour). Again, applying inflation from February, 2021, the

date of the fee application in that case (See Case No. 6:19-cv-00076-H at Doc. 91-1), to

the November, 2023 CPI index (and today is likely a higher), adjusts that rate to $583 per

1 See https://www.bls.gov/data/inflation_calculator.htm (last accessed 1/4/2024).

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6

hour for partners.

2

 It is thus my opinion that the market rate in San Angelo established in

Salazar, which was a rate for the San Angelo division, and adjusted for inflation, is at 

least $583 per hour for partners, and $484 per hour for associates. Again, local counsel 

in the division could not be obtained in this case, due in no small part to the nature of this 

case and specialized experience required for this case.

22. I likewise exercised billing judgment at the time the work was recorded. For instance, I

did not record every short assignment or phone call. I have reviewed each time entry,

and made a good faith effort to exclude hours that are excessive, redundant, or otherwise

unnecessary. Thus, compensation is not sought for all of the work performed. All time

was entered on the case contemporaneous with the work that was performed.

23. The Government has previously alluded to its objections that, for instance, not every

issue was won in this case. For instance, we filed a motion for class certification that,

ultimately, was denied on grounds that most of the putative class had their claims become

moot. Yet the Court granted the same practical relief sought by that motion practice,

when it told the Defendants/Army that it needed to stop discharging soldiers who had

required religious accommodations, and that it/they would need to report to the Court if

it/they intended to continue to do so.

24. In the same way, litigation of the motion to dismiss had to be performed to get Mr.

Chrisman the final relief that he required.

2 See https://www.bls.gov/data/inflation_calculator.htm (last accessed 1/4/2024). A run of the 

mill civil rights case in Cincinnati, Ohio, where I maintain an office, utilizes standardized rates, 

known as the Rubin rates, after the federal judge that established a matrix for such matters, in all 

civil rights cases under 42 U.S.C. § 1988, as explained in Hunter v. Hamilton County Bd. of 

Elections, 2013 U.S. Dist. LEXIS 141297 (SD Ohio 2013). My rates using that matrix is $566 

per hour in 2024, though, again, that is just for a run of the mill civil rights case, which this case 

was not.

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25. And the same law, work, and nucleus of operative claims and facts were present

throughout to get to the final point that we are now at in this case.

26. I will note that work performed by attorneys in this case was not duplicative. Different

counsel were reviewing pleadings from the perspective of their experience, which, as

noted above, varied. The case was staffed how it was staffed, by several attorneys,

because the issues in this case involved differing areas of law and legal issues.

27. The expenses were actually incurred and necessary to the resolution of this case, and

involved airfare and hotels for the preliminary injunction and the mediation, as well as

airline change fees when the preliminary injunction hearing went longer than expected in

this matter.

28. I also want to mention that this matter was litigated in a reasonable way. Furthermore,

Defendants insisted on litigating and relitigating aspects of the claims, all of which

required the time that was spent in this matter.

29. This particular case involved a number of factors that also support the requested rate and

support the hours worked. First, a significant amount of time and labor was involved – in

no small part due to the actions of Defendants.

30. The relief obtained for the clients was and is significant and enduring. After entry of a

preliminary injunction, indicating probable success on the merits, Army officials not only

discontinued the vaccination requirement as Congress ordered, but went further and

undid adverse actions for the clients that had already been imposed. This case involved,

at bottom, relief that saved the careers of more 1,000 army servicemembers, all of whom

faced imminent separation. In fact, several separated soldiers were put back on active

duty. That relief remains to date. And the relief in this case came at the nick of time.

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31. For Mr. Chrisman, he received all of the relief that he wanted, a clearing of his record and

name and an upgrade of his discharge.

32. This case involved, from the outset, a significant level of undesirability. Traditional

media was critical of this case. Notwithstanding these issues, the case was brought out of

a recognition that Constitutional rights at stake need to be vindicated, at a time when they

were most at risk.

33. Attached as Exhibit 2, hereto, is a complete copy of my time entries and bills for the

above captioned matter in the District Court through January 4, 2024. I reserve the right

to supplement this declaration and our fee application in the future.

34. In total, the attached invoices reflect total hours spent in the district court for 274.7 hours.

Thus, total attorney fee time is $226,627.50. Total expenses include $5,947.39. The total

request, at this time, for my time and firm’s expenses is thus $232,574.89, and is

reasonable and appropriate for this matter.

Pursuant to 28 U.S.C. §1746, I declare under penalties of perjury under the laws of the United 

States of America that the foregoing Declaration is true and correct to the best of my knowledge 

and belief and that such facts are made based on my personal knowledge.

Executed on ____________________. _______________________________

Christopher Wiest 1/12/2024

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EXHIBIT 1

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Christopher D. Wiest

25 Town Center Blvd, Suite 104

Crestview Hills, KY 41017

859/486-6850(v) 513/257-1895(c)

chris@cwiestlaw.com

EXPERIENCE

Chris Wiest, Attorney at Law, PLLC, Crestview Hills, Kentucky

Litigation: 

-Federal and constitutional law matters, including:

• Serve as lead or co-counsel in numerous civil rights cases including:

o Doster v. Kendall, 54 F.4th 398 (6th Cir. 2022) (class certification and affirmance of

national class for RFRA/First Amendment claims related to religious exemptions for 

COVID-19 vaccine mandate);

o Fischer v. Thomas, 52 F.4th 303 (6th Cir. 2022) (injunction pending appeal granted 

related to First Amendment challenge of Kentucky judicial canons);

o Sisters For Life, Inc. v. Louisville-Jefferson Cnty., 56 F.4th 400 (6th Cir. 2022) 

(reversal of denial of preliminary injunction over First Amendment claims related to 

abortion clinic buffer zone ordinance);

o MCP No. 165 v. United States DOL, 20 F.4th 264 (6th Cir. 2021) (challenge to 

OSHA vaccine mandate)

o Roberts v. Neace, 958 F.3d 595 (6th Cir. 2020) (obtained injunction pending appeal 

in a published decision that found a First Amendment Free Exercise violation, and 

re-opened in person worship in the Commonwealth of Kentucky in the midst of 

COVID-19, in a decision that has since been cited repeatedly by the United States 

Supreme Court);

o Winter v. Wolnitzek, 834 F.3d 681 (6th Cir. 2016) (lead counsel in a successful First 

Amendment challenge to Kentucky’s Judicial Canons);

o Russell v. Grimes, 784 F.3d 1037 (6

th Cir. 2015) (lead counsel, First Amendment 

Electioneering case);

o Bosarge v. Edney, 2023 U.S. Dist. LEXIS 67439 (SDMS 2023) (preliminary 

injunction granted on First Amendment Free Exercise claim);

o Schelske v. Austin, 2022 U.S. Dist. LEXIS 229432 (NDTX 2022) (preliminary 

injunction granted on First Amendment Free Exercise/RFRA claim);

o Coleman v. Winbigler, 2022 U.S. Dist. LEXIS 125562 (EDKY 2022) (preliminary 

injunction granted in one-person, one-vote equal protection challenge);

o Massie v. Pelosi, 1:21-cv-02023 (DCD 2021) (Representation of 3 members of 

Congress in challenge to fines under the 27th Amendment and other federal 

constitutional claims);

o Mazer v. D.C. Department of Health, 1:21-cv-01782 (DCD 2021) (Constitutional 

challenge to DC’s minor vaccination consent law based on the fundamental right to 

parent and make medical decisions for minors);

o Roberts v. Neace, 457 F. Supp.3d 595 (EDKY 2020) (finding Governor’s COVID19 travel ban unconstitutional and enjoining same);

o Ramsek v. Beshear, 468 F. Supp.3d 904 (EDKY 2020) (finding Governor’s 

gathering ban, as applied to political gatherings, unconstitutional under the First 

Amendment); Ramsek v. Beshear, 989 F.3d 494 (6th Cir. 2021) (finding Governor’s 

appeal moot).

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Christopher Wiest

Page 2

o Kohler v. City of Cincinnati, 2021 U.S. Dist. LEXIS 76457 (SDOH 2021) (reverse 

race discrimination case under the Equal Protection Clause, challenging a 40-yearold race and sex quota consent decree in Cincinnati police hiring);

o Hils, et. al. v. Davis, et. al., 1:21-cv-00475 (SDOH 2021) (Freedom of the Press case 

involving right of police to record their interviews with the City of Cincinnati 

Citizen Complaint Authority);

o Cooperrider v. Beshear, 3:21-cv-00012 (EDKY 2021) (representation of private 

citizens who petitioned for the impeachment of the Governor in First Amendment 

challenge to the punitive imposition of “costs” and attorney fees as punishment for 

doing so);

o Beshear v. Acree, 615 SW 3d 780 (Ky. 2020) (representation of business in 

challenges under state constitutional to Governor’s emergency executive powers).

o Sweeney v. Crigler, 457 F.Supp.3d 577 (EDKY 2020) (obtained preliminary 

injunction in favor of third parties and independent candidates upon challenges to 

Kentucky’s ballot access laws);

o Daly v. Neil, 1:18-cv-00346 (SDOH 2018) (lead counsel, Second Amendment 

challenge to Ohio’s concealed carry requirement for a firearm in a private motor 

vehicle);

o Brooksbank v. Koch, 3:16-cv-668 (WDKY 2016) (served as lead trial counsel in 3-

day jury trial against Kentucky State Trooper for violations of the Fourth and First 

Amendments, obtained verdict in client’s favor);

o Schickel v. Dilger, 2017 U.S. Dist. LEXIS 86555 (EDKY 2017) (lead counsel, First 

Amendment challenge to campaign finance and legislative ethics laws);

o Hunter v. Hamilton County, et. al., 1:15-cv-00540 (SDOH 2015) (lead counsel, 

defense of private attorneys retained by county to represent former judge in wideranging civil rights claims against attorneys and judges by that former judge);

o USA v. $11,000.00 in United States Currency, 2:14-cv-00125, EDKY 2014 (serve as 

co-counsel with Institute for Justice attorneys on challenge to civil asset forfeiture by 

the United States; obtained the funds in question for the client as a resolution to the 

case and national press shut down civil asset forfeiture for approximately a year);

o Brown, et. al. v. Kentucky LRC, et. al., EDKY, 2:13-cv-0068 (lead counsel, 

Kentucky redistricting suit);

-Class Action Experience:

o Capannari et al v. Galemmo et al, SDOH 1:13-cv-00883 (Defense of class action 

claims);

o Mohamed Abdellahi, et. al. v. River Metals Recycle, Campbell KY Circuit Case No. 

13-CI-00095 (representation of Plaintiff class; class certified);

o Gillum v. Boone Co. Board of Education, et. al., Boone KY Circuit Case No. 21-CI00161 (representation of Plaintiff class; matter mooted due to change in law prior to 

certification);

o Andrew Vance v. Whiting-Turner/Kokosing Joint Venture, Boone KY Circuit Case 

No. 20-CI-00574 (representation of Plaintiff class; court determined that 

commonality/typicality was not met, denial of certification being appealed);

o Roberts v. Neace, 958 F.3d 595 (6th Cir. 2020) and Ramsek v. Beshear, 468 F. 

Supp.3d 904 (EDKY 2020) were filed as class actions, but certification was 

unnecessary because the District Court/Sixth Circuit extended injunctive relief 

statewide.

o Doster v. Kendall, 54 F.4th 398 (6th Cir. 2022)

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Christopher Wiest

Page 3

Past Experience:

Thompson Hine, LLP, Cincinnati, Ohio.

Associate, September, 2005-July, 2012.

Ohio Attorney General’s Office, Columbus, Ohio.

Assistant Attorney General, September 2004-2005.

EDUCATION

University of Cincinnati College of Law, Cincinnati, Ohio.

J.D., May 2004, Order of the Coif.

Honors and Activities:

-University of Cincinnati Law Review; Editorial Board 2003-04; Associate Member 2002-2003.

-Elected to the Order of the Coif.

University of Cincinnati College of Business, Cincinnati, Ohio.

Bachelor of Business Administration, December, 2000.

ADMISSIONS

Supreme Court of Ohio, 2004

Supreme Court of Kentucky, 2005

U.S. Court of Appeals for the D.C. Circuit, 2004

U.S. Court of Appeals for the Sixth Circuit, 2004

U.S. Court of Appeals for the Second Circuit, 2023

U.S. Court of Appeals for the Fourth Circuit, 2023

U.S. District Court for the Northern District of Ohio, 2004

U.S. District Court for the Southern District of Ohio, 2005

U.S. District Court for the Eastern District of Kentucky, 2006

U.S. District Court for the Western District of Kentucky, 2006

U.S. District Court for the D.C. District, 2021

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EXHIBIT 2

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Statement of Services

Date

1/4/2024

Invoice #

1326

Bill To

Schelske v. Austin

Chris Wiest, Atty at Law, PLLC

50 E Rivercenter Blvd, Ste. 1280

Covington, KY 41011

P.O. No. Terms Project

Phone #

513/257-1895

Fax #

859/495-0803

E-mail

chris@cwiestlaw.com

Total

Balance Due

Payments/Credits

Date Description Hours Rate Amount

9/28/2022 Review, draft, edit, and research Complaint. 4.4 825.00 3,630.00

9/29/2022 Review, draft, edit, and research Complaint. 2.2 825.00 1,815.00

9/30/2022 Review, draft, edit, and research Complaint. 0.8 825.00 660.00

10/3/2022 Emails and final drafts and edits of the complaint. 1.4 825.00 1,155.00

10/12/2022 Draft, edit, research, and revise Preliminary Injunction

Motion.

8.4 825.00 6,930.00

10/13/2022 Draft, edit, research, and revise Preliminary Injunction

Motion.

4.7 825.00 3,877.50

10/13/2022 Review/revise pro hac motion. 0.2 825.00 165.00

10/14/2022 Edit, revise, and additional research on preliminary

injunction motion.

1.4 825.00 1,155.00

10/17/2022 Final review of PI Motion and Memorandum 1.1 825.00 907.50

11/7/2022 Review/approve notice of supplemental development 0.3 825.00 247.50

11/9/2022 Review Government filing (PI Response) 2.2 825.00 1,815.00

11/15/2022 Draft and research motion for class certification. 4.4 825.00 3,630.00

11/15/2022 Review/edit and approve filing re: Galloway 0.4 825.00 330.00

11/15/2022 Draft, research, edit and revise Reply in support of PI

Motion.

2.2 825.00 1,815.00

11/17/2022 Draft, research, edit and revise Reply in support of PI

Motion.

2.4 825.00 1,980.00

11/18/2022 Draft and research motion for class certification. 3.2 825.00 2,640.00

11/21/2022 Draft and edit Reply to PI 3.4 825.00 2,805.00

11/22/2022 Edits and revisions to PI Reply (1.1); Email to DOJ re:

consent for class certification (0.2); Draft, research, and

edit motion for class certificaiton (6.2); Draft declaration

in support of motion for class certification (0.6)

8.1 825.00 6,682.50

Page 1

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Statement of Services

Date

1/4/2024

Invoice #

1326

Bill To

Schelske v. Austin

Chris Wiest, Atty at Law, PLLC

50 E Rivercenter Blvd, Ste. 1280

Covington, KY 41011

P.O. No. Terms Project

Phone #

513/257-1895

Fax #

859/495-0803

E-mail

chris@cwiestlaw.com

Total

Balance Due

Payments/Credits

Date Description Hours Rate Amount

11/23/2022 Draft Motion/Memo class-wide preliminary injunction

(3.9); edits and revisions to class-wide preliminary

injunction after co-counsel review (1.2); revisions and

edits to class certification papers after co-counsel review

(1.8); co-counsel call (0.4).

7.3 825.00 6,022.50

11/23/2022 Emails with co-counsel re: class definition 0.5 825.00 412.50

12/5/2022 Communicate with DOJ 0.3 825.00 247.50

12/6/2022 Communicate with DOJ 0.3 825.00 247.50

12/8/2022 Call with co-counsel prior to court (0.6); call with court

(0.7); follow up with co-counsel re: division of labor for

PI hearing, generation of to-do list for PI hearing, and

other tasks in advance of PI hearing (1.2); began

preparation for hearing including review filings for

exhibit materials, and topical list of necessary testimony

(2.4).

4.9 825.00 4,042.50

12/9/2022 Communications with DOJ re:postponement (0.6); calls

with two clients re: postponement (0.4); call with

co-counsel re: postponement (0.4); draft opposition to

postponement (2.3); attend to preparation for PI hearing

(2.4)

6.1 825.00 5,032.50

12/10/2022 Email to co-counsel re: 12/11 call. 0.2 825.00 165.00

Page 2

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Statement of Services

Date

1/4/2024

Invoice #

1326

Bill To

Schelske v. Austin

Chris Wiest, Atty at Law, PLLC

50 E Rivercenter Blvd, Ste. 1280

Covington, KY 41011

P.O. No. Terms Project

Phone #

513/257-1895

Fax #

859/495-0803

E-mail

chris@cwiestlaw.com

Total

Balance Due

Payments/Credits

Date Description Hours Rate Amount

12/11/2022 Review potential materials and organize and categorize

for exhibit selection as a group for PI hearing (3.2); Call

with co-counsel re: exhibits, witness order, and other PI

hearing planning (2.1); finalize analysis of exhibits and

mark exhibits for hearing for paralegals to print and

prepare (1.8)

7.1 825.00 5,857.50

12/12/2022 Prepare for PI Hearing (exhibits, started prep of closing

argument, calls with co-counsel, witness outlines, and

related tasks).

3.2 825.00 2,640.00

12/12/2022 Emails with DOJ 0.4 825.00 330.00

12/13/2022 Prepare for PI Hearing (exhibits, started prep of closing

argument, calls with co-counsel, witness outlines, and

related tasks).

4.5 825.00 3,712.50

12/13/2022 Emails with DOJ 0.7 825.00 577.50

12/13/2022 Witness and exhibit disclosures 0.8 825.00 660.00

12/14/2022 Prepare for PI Hearing (exhibits, started prep of closing

argument, calls with co-counsel, witness outlines, and

related tasks).

8.2 825.00 6,765.00

12/14/2022 Travel to Lubbock 4.2 825.00 3,465.00

12/14/2022 Emails with DOJ 0.5 825.00 412.50

12/14/2022 Preparation of witness and exhibit disclosure filings 0.7 825.00 577.50

12/15/2022 Prepare for hearing (witness preparation, closing

argument)

10.4 825.00 8,580.00

12/16/2022 Tracel back from Lubbock 5.4 825.00 4,455.00

12/16/2022 PI Hearing and witness prep prior 6.2 825.00 5,115.00

Page 3

87

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Statement of Services

Date

1/4/2024

Invoice #

1326

Bill To

Schelske v. Austin

Chris Wiest, Atty at Law, PLLC

50 E Rivercenter Blvd, Ste. 1280

Covington, KY 41011

P.O. No. Terms Project

Phone #

513/257-1895

Fax #

859/495-0803

E-mail

chris@cwiestlaw.com

Total

Balance Due

Payments/Credits

Date Description Hours Rate Amount

12/19/2022 Draft and edit motions for discovery related to class

issues.

2.3 825.00 1,897.50

12/20/2022 Draft and edit motions for discovery related to class

issues.

0.9 825.00 742.50

12/20/2022 Draft, research, and edit Reply to class certification and

PI.

2.6 825.00 2,145.00

12/21/2022 Review Order (0.8); attend to - draft, edit, and research -

class-wide PI Reply (2.4)

3.8 825.00 3,135.00

12/22/2022 Draft, research, and edit Reply to class certification and

PI.

4.4 825.00 3,630.00

12/23/2022 Draft, research, and edit Reply to class certification and

PI.

8.2 825.00 6,765.00

12/24/2022 Draft, research, and edit Reply to class certification and

PI.

6.4 825.00 5,280.00

1/2/2023 Attend to emails to DOJ 0.7 825.00 577.50

1/3/2023 Attend to emails to DOJ 0.4 825.00 330.00

1/16/2023 Draft and research status report 3.8 825.00 3,135.00

1/17/2023 Draft and research status report 4.7 825.00 3,877.50

1/17/2023 Conference with co-counsel, re: status report and next

steps.

0.4 825.00 330.00

1/18/2023 Conference with co-counsel, re: status report and next

steps.

1.1 825.00 907.50

1/31/2023 Call with co-counsel re: status of clients relative to

changes in law/policy, mootness, and amended complaint.

2.6 825.00 2,145.00

2/6/2023 Review, edit, research and revise amended complaint. 3.1 825.00 2,557.50

2/8/2023 Review, edit, research and revise amended complaint. 2.8 825.00 2,310.00

Page 4

88

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Statement of Services

Date

1/4/2024

Invoice #

1326

Bill To

Schelske v. Austin

Chris Wiest, Atty at Law, PLLC

50 E Rivercenter Blvd, Ste. 1280

Covington, KY 41011

P.O. No. Terms Project

Phone #

513/257-1895

Fax #

859/495-0803

E-mail

chris@cwiestlaw.com

Total

Balance Due

Payments/Credits

Date Description Hours Rate Amount

2/10/2023 Draft, edit, research and revise MTD response. 10.4 825.00 8,580.00

2/10/2023 Finalize amended complaint (0.9) and file same ;

assemble and file appendix and contents (2.2) and file

same.

3.1 825.00 2,557.50

2/13/2023 Review changes to MTD Response by W. Cox, and

modifications to same (0.4); review class notice revision

document and changes thereto by Aaron Siri and file

same (0.3)

0.7 825.00 577.50

2/15/2023 Attend to MTD Response (draft, edit, revise) 7.5 825.00 6,187.50

2/15/2023 Case zoom call. 0.7 825.00 577.50

3/8/2023 Edit notice of factual development and file same. 0.4 825.00 330.00

3/10/2023 Read opposing counsel's new motion to dismiss and

outline response thereto (2.2); began to research and draft

response to new MTD (2.4)

4.6 825.00 3,795.00

3/13/2023 Draft, edit, research, and revise response to new MTD 3.3 825.00 2,722.50

3/14/2023 Draft, edit, research, and revise response to new MTD 3.4 825.00 2,805.00

3/15/2023 Draft, edit, research, and revise response to new MTD 1.2 825.00 990.00

3/16/2023 Draft, edit, research, and revise response to new MTD 6.1 825.00 5,032.50

3/19/2023 Draft, edit and revise motion to dismiss response. 2.1 825.00 1,732.50

3/22/2023 Edit and revise response to MTD and recirculate. 0.7 825.00 577.50

3/22/2023 zoom call with co-counsel to coordinate response and

division of labor.

0.7 825.00 577.50

3/23/2023 Review edits and accept/reject same. 0.7 825.00 577.50

3/24/2023 Finalize, proof, and file MTD response. 0.7 825.00 577.50

6/27/2023 Review court order, and correspond with co-counsel re:

same.

0.4 825.00 330.00

Page 5

89

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Statement of Services

Date

1/4/2024

Invoice #

1326

Bill To

Schelske v. Austin

Chris Wiest, Atty at Law, PLLC

50 E Rivercenter Blvd, Ste. 1280

Covington, KY 41011

P.O. No. Terms Project

Phone #

513/257-1895

Fax #

859/495-0803

E-mail

chris@cwiestlaw.com

Total

Balance Due

Payments/Credits

Date Description Hours Rate Amount

6/28/2023 Communications with DOJ and/or co-counsel, re: status

report and filing.

0.2 825.00 165.00

6/29/2023 Communications with DOJ and/or co-counsel, re: status

report and filing.

0.3 825.00 247.50

6/30/2023 Review/revise extension request. 0.3 825.00 247.50

7/5/2023 Zoom call to discuss status response. 0.4 825.00 330.00

7/7/2023 Zoom call with clients to discuss their current status, as

well as ongoing harm, if any.

0.8 825.00 660.00

7/13/2023 Attend to (draft, edit, revise) client declarations for status

report.

2.9 825.00 2,392.50

7/13/2023 Draft notice of partial dismissal for Huntley W. Bakich,

Jr, Samuel L. Conklin, Dominic O. Mell, Collin M.

Morrison, Nicholas Saballa, Peter Testa and confirm

client consent re: same.

0.9 825.00 742.50

7/14/2023 Preparation of Appendix with exhibits and bates stamping

(0.8); preparation of first draft of Plaintiffs submission for

the JSR (2.8)

3.6 825.00 2,970.00

7/14/2023 Draft, edit and revise status report 1.1 825.00 907.50

7/19/2023 Response to Email to W. Cox 0.4 825.00 330.00

7/20/2023 Call with clients to discuss call with court. 0.4 825.00 330.00

7/20/2023 Draft, edit, and revise supplemental notice to court. 0.4 825.00 330.00

7/21/2023 Attend call with court. 0.9 825.00 742.50

7/21/2023 Call with client to discuss options. 0.8 825.00 660.00

7/21/2023 Follow up with clients and government (including email

to DOJ) regarding adverse actions.

1.2 825.00 990.00

Page 6

90

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Statement of Services

Date

1/4/2024

Invoice #

1326

Bill To

Schelske v. Austin

Chris Wiest, Atty at Law, PLLC

50 E Rivercenter Blvd, Ste. 1280

Covington, KY 41011

P.O. No. Terms Project

Phone #

513/257-1895

Fax #

859/495-0803

E-mail

chris@cwiestlaw.com

Total

Balance Due

Payments/Credits

Date Description Hours Rate Amount

7/26/2023 Communicate with DOJ (0.4); follow up with W. Cox

(0.3); draft extension motion (0.2). Review submissions

by DOJ related to Schelske, Costroff, and Bufkin (1.2).

2.1 825.00 1,732.50

7/26/2023 Review Bufkin medical records and converse with W.

Cox re: same.

0.3 825.00 247.50

7/27/2023 Communicate with DOJ 0.4 825.00 330.00

7/28/2023 Draft, edit, and revise updated status report. 0.4 825.00 330.00

7/31/2023 Attend to appendix and other filing materials for status

report, as well as the status report itself.

2.7 825.00 2,227.50

9/14/2023 Review Court order and telco with co-counsel re: same. 0.4 825.00 330.00

9/18/2023 Review and analysis of decision by Judge on MTD 1.1 825.00 907.50

9/19/2023 Call with DOJ (0.4); call with co-counsel (0.5) 0.9 825.00 742.50

9/19/2023 Call with client re: path forward. 0.4 825.00 330.00

9/20/2023 Review email from government on venue and confer with

co-counsel.

0.8 825.00 660.00

9/22/2023 Communications with Wendy and client re: settlement

(0.9) Communicate to DOJ re: settlement (0.9)

1.8 825.00 1,485.00

9/26/2023 Communicate with DOJ 0.4 825.00 330.00

9/26/2023 Emails with DOJ 0.2 825.00 165.00

9/27/2023 Communicate with DOJ 0.3 825.00 247.50

9/27/2023 Emails with DOJ 0.3 825.00 247.50

12/8/2022 uber charges - pi hearing 141.81 141.81

12/9/2022 Flight from CVG - LUB (Wiest and Bruns) 983.20 983.20

12/9/2022 Travel AUS - CVG (Wiest and Bruns) (rebooked due to

late hour of PI hearing)

723.00 723.00

Page 7

91

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Statement of Services

Date

1/4/2024

Invoice #

1326

Bill To

Schelske v. Austin

Chris Wiest, Atty at Law, PLLC

50 E Rivercenter Blvd, Ste. 1280

Covington, KY 41011

P.O. No. Terms Project

Phone #

513/257-1895

Fax #

859/495-0803

E-mail

chris@cwiestlaw.com

Total

Balance Due

Payments/Credits

Date Description Hours Rate Amount

12/9/2022 Travel, Wiest, LUB - AUS (original) 312.98 312.98

12/9/2022 Hotel, Courtyard, 2 nights, for PI Hearing 382.95 382.95

12/12/2023 Southwest Air Lines invoice (583.35 x 3; Wiest, Cox,

Bruns) (rebooked due to PI hearing late hour)

1,750.05 1,750.05

Total Reimbursable Expenses 4,293.99

10/12/2023 Call with client. 0.8 825.00 660.00

11/3/2023 call with client and client's parents re: mediation. 0.5 825.00 412.50

11/7/2023 Status/notice and filing 0.4 825.00 330.00

11/20/2023 Memo/Settlement agreement 1.2 825.00 990.00

11/21/2023 Memo/Settlement agreement 2.2 825.00 1,815.00

11/22/2023 Preparation of confidential mediation statement. 1.7 825.00 1,402.50

11/27/2023 Finalize and send mediation statement to Magistrate

Judge.

1.4 825.00 1,155.00

12/5/2023 Preparation for mediation. 1.9 825.00 1,567.50

12/6/2023 Travel and prepare for mediation. 6.5 825.00 5,362.50

12/7/2023 Mediation and preparation for same. 6.8 825.00 5,610.00

12/8/2023 Travel home from mediation. 6.2 825.00 5,115.00

12/20/2023 Travel costs for case - airfare to Lubbock for mediation 1,192.48 1,192.48

12/30/2023 Hotel for mediation 436.76 436.76

12/30/2023 uber trip - mediation 24.16 24.16

Total Reimbursable Expenses 1,653.40

Page 8

$232,574.89

$232,574.89

$0.00

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EXHIBIT D

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UNITED STA TES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF TEXAS 

SAN ANGELO DIVISION 

ROBERT SCHELSKE, et al., 

Plaintiffs, 

V. 

LLOYD J. AUSTIN, III, 

United States Secretary of Defense, et al., 

Defendants. 

No. 6:22-cv-0049-H 

DECLARATION OF THOMAS BRUNS, ESQ. 

Pursuant to 28 U .S.C. § 1746, the undersigned, Thomas Bruns, Esq., makes the following 

declaration, under penalty of perjury under the laws of the United States of America, that the 

facts contained herein are true and correct to the best of my knowledge and belief and that such 

facts are made based on my personal knowledge: 

I . My name is Thomas Bernard Bruns. I am, and have been, one of the Counsel for 

Plaintiffs in the above captioned matter. 

2. l received my law degree from the University of Cincinnati in 1990. I was admitted to 

practice law in Ohio in 1990, and Kentucky in 1993. I have actively practiced law for 

more than 33 years. 

3. I am a named partner with Bruns, Connell, Vollmar & Armstrong, LLP. We employ a 

total of 11 attorneys and other legal professionals. 

4. Our firm has offices in Cincinnati, Ohio and Dayton, Ohio. 

5. Based on my background, experience, education, and skill, it is my opinion that the hours 

requested in the fee application by me and my co-counsel were necessary to the results 

achieved. 

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6. The fees requested comport witb and are reasonable in light of the factors contained in 

both Ohio Rule of Professional Conduct 1.5, and Texas Disciplinary Rule of Professional 

Conduct 1.4, insofar as the fees in this matter accurately reflect the time and labor 

required in the prosecution of this matter, the difficulty of the questions involved, and the 

skill required to perform the work properly. In addition, the fees requested comport with 

the fees charged by others for similar legaJ services, and certainly are appropriate in light 

of the results obtained.

7. I am currently a member in good standing of the bar in both Ohio and in Kentucky. And, 

I am licensed to practice law in the United States District Courts for the Eastern and 

Western Districts of Kentucky, the Northern and Southern Districts of Ohio, the United 

States Court of Appeals for the Sixth Circuit and the United States Court of Appeals for 

the District of Columbia Circuit. I also have been admitted to the U.S. Supreme Court 

since 2003.

8. I have handled a significant number of constitutional and cutting edge matters in federal 

court. Attached hereto as Exhibit 1 is my curriculum vitae that outlines some of that 

experience.

9. As a consequence of the foregoing experience, Plaintiffs and my colleagues at Siri 

Glimstad, LLP, involved me in this matter.

10. In my current practice, I charge clients on a case-by-case basis, depending on the 

complexity, forum, and risks and difficulty of the litigation.

11. The present litigation is among the most challenging I have handled in my career: it 

involved complex issues of constitutional law, administrative Jaw, and military law. ft 

involved the presentation (and eventually mooting out) of class certification issues.

2 

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Every significant issue in this case was contested by the opposing side, who are 

represented by the United States Department of Justice. Those lawyers vigorously 

defended this case with the formidable resources available to the United States 

Government. The complexity and difficulty of this case required this case to be staffed 

by Plaintiffs in the manner it was staffed. 

12. The issues of the case were complex and novel, and the prospect of challenging a 

vaccination requirement on religious grounds, during a pandemic, in a case involving the 

military, had a significant degree of difficulty and, at the time, unpopularity. 

13. As Government Counsel boasted during the preliminary injunction hearing, in most of 

these sorts of cases and challenges the Government prevailed. That formidable track 

record likely was because these sorts of cases required a high degree of nuance and skill, 

the kind possessed by Plaintiffs' counsel, in order to overcome the Government's 

arguments and resources, and because the deference to Government action at that time 

during the pandemic was high. My co-counsel and I were and are among a very small 

group of lawyers who were able to prevail in such cases. 

14. In light of the difficulty, complexity and novelty of the issues involved, decisions in case 

handling generally had to be handled on a team approach basis, though ultimately all 

decisions were made by myself, Aaron Siri, and Chris Wiest, in consultation with John 

Sullivan. 

15. We utilized critical experience from within our team in making staffing decisions and 

task delegations and ensuring that we appropriately addressed every aspect of this case. 

For instance, Ms. Wendy Cox served as an Army Judge Advocate for more than a 

decade, and we relied on her for many military law aspects of the case, and this insight 

3 

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positioned her to be the primary point of contact with military clients. Mr. Wiest had 

experience both with some of the military law aspects of the case, as well as the 

administrative and constitutional aspects of the case, federal court litigation, and 

significant litigation of constitutional Free Exercise challenges in a pandemic. Mr. Siri 

and Ms. Brehm had experience with legal issues surrounding vaccines as well as 

experience with the science and medical issues of vaccines, which helped to formulate 

arguments we made about least restrictive means, as weJI as class action experience, 

which aided in those aspects of the case. I provided senior litigator perspective as well as 

experience with the constitutional aspects of the case, federal court litigation, and 

significant litigation of constitutional Free Exercise challenges in a pandemic; and Mr. 

Sullivan also brought to bear his free exercise experience and provided critical insight 

into the practices and expectations of practice in the Northern District of Texas. 

Associate and paralegal support came from the Siri Glimstad firm. 

16. I previously have charged clients for my most significant and complex matters $850 an 

hour, and here, in this fee request, I am requesting $850 an hour. Our fee agreements 

with the clients were taken on the basis of an assignment of any attorney fee awards to 

the attorneys. 

17. The requested rate is also based on the rates awarded in Hill v. Schilling, 2022 U.S. Dist. 

LEXIS 79790 (NDTX 2022), where the Court awarded, in May, 2022, $820 an hour to an 

attorney with 23 years' experience. Due to significant inflation, that rate, today, would 

be $861.39 per hour as of November, 2023 inflation data, and is likely higher as of 

4 

97

Case 6:22-cv-00049-H Document 157 Filed 01/22/24 Page 97 of 153 PageID 3117
January, 2024. 1 I have significantly more experience than that lawyer, and thus my 

request of $850 per hour is reasonable. 

18. I note that this litigation bears significant comparisons to Franciscan All., Inc. v. Becerra, 

2023 U.S. Dist. LEXIS 118561 (NDND 2023), in which the Court noted that RFRA 

claims, which also were the case here, and particularly those involving challenges to 

federal policy, "participate in a market requiring more specialized and sophisticated legal 

services." In that case, the Court awarded fees for similarly experienced attorneys, with 

similar claims, against similar federal Defendants, at $1 ,200 per hour. See Becerra, 7: l 6-

cv-00108-O, at Doc. 224-2. While I am not seeking $1,200 per hour, Becerra clearly 

would support awarding such a rate. 

19. Of some relevance is Vestas-American Wind Tech., Inc. v. Salazar, 2021 U.S. Dist. 

LEXIS 257797 (NDTX 2021); see, also, Vestas-American Wind Tech., Inc. v. Salazar, 

2021 U.S. Dist. LEXIS 73179 (NDTX 2021), in which partner time was awarded by this 

court to an attorney with less years of experience than I have, at the rate of $500 per hour 

(associates were $415 per hour). Again, adding in inflation from February, 2021 , the date 

of the fee application in that case (See Case No. 6:19-cv-00076-H at Doc. 91-1), to the 

November, 2023 CPI index (and today is likely a higher), adjusts that rate to $583 per 

hour for partners.2 It is thus my opinion that the market rate in San Angelo established in 

1 See https://www.bls.gov/data/inflation calculator.htm (last accessed 1/4/2024). 

2 See htlps://www.bls.gov/data/intlation calculator. htrn (last accessed 1/4/2024). A run of the 

mill civil rights case in Cincinnati, Ohio, where I maintain an office, utilizes standardized rates, 

known as the Rubin rates, after the federal judge that established a matrix for such matters, in aJI 

civil rights cases under 42 U.S.C. § 1988, as explained in Hunter v. Hamilton County Bd. of 

Elections, 2013 U.S. Dist. LEXIS 141297 (SD Ohio 2013). My rates using that matrix is $640 

per hour in 2024, though, again, that is just for a run of the mill civil rights case, which this case 

definitely was not. 

5 

98

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Salazar, which was a rate for the San Angelo division, and adjusted for inflation, is at 

least $583 per hour for partners, and $484 per hour for associates. Again, local counsel 

in the division could not be obtained in this case, due in no small part to the nature of this 

case and the specialized experience required for this case. 

20. I always exercised billing judgment at the time the work was recorded. For instance, I 

did not record every short assignment or phone call, or the full time expended for each 

and every activity. I have reviewed each time entry and made a good faith effort to 

exclude hours that are excessive, redundant, or otherwise unnecessary. Thus, 

compensation is not sought for all of the work performed. All time was entered on the 

case contemporaneous with the work that was performed. 

21. My understanding of the Government's position on the request for fees includes the 

objection that not every issue was won in this case. For instance, Plaintiffs filed a motion 

for class certification that, ultimately, was denied on grounds that most of the putative 

class's claims had become moot. Yet, through the efforts of Plaintiffs' counsel, the Court 

ultimately granted the same practical relief sought by that motion practice, when it 

instructed the Defendants/Army that it needed to stop discharging soldiers who had 

required religious accommodations, and that it/they would need to report to the Court if 

it/they intended to continue such discharges. 

22. In the same way, litigation of the motion to dismiss had to be performed to get Mr. 

Chrisman the final relief that he required. 

23. And, the same law and nucleus of operative claims and facts were present throughout this 

case, requiring the significant work, as reflected in the fee application, needed to get to 

the final point we now are at in this case. 

6 

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24. I will note that the work performed by attorneys in this case was not duplicative, in the 

sense that all counsel added value whenever they contributed to the final work product. 

Different counsel reviewed pleadings from the perspective of their experience, which, as 

noted above, varied among Plaintiffs' counsel. The case was staffed how it was staffed, 

by several attorneys, because the issues in this case involved differing areas of law and 

unique factual issues, the other side was represented by experienced and aggressive 

counsel, and those counsel represented defendants who had advantages not possessed by 

Plaintiffs. Without question, this case was an uphill battle when Plaintiffs' counsel 

agreed to take it. 

25. The expenses claimed were actually incuJTed and necessary to the resolution of this case, 

and involved airfare and hotels for the preliminary injunction (though Mr. Wiest's bill 

reflects additional charges for airfare as he paid for some of the flights to get us there and 

back), including the airline change fees when the preliminary injunction hearing went 

longer than expected in this matter. 

26. I also want to mention that this matter was litigated in a reasonable way, particularly 

given the context that Defendants insisted on litigating and relitigating aspects of the 

claims, all of which required the time that was spent in this matter. 

27. This particular case involved a number of factors that also support the requested rate and 

support the hours worked. First, a significant amount of time and labor was involved - in 

no small part due to the actions of Defendants. 

28. The relief obtained for the clients was and is significant and enduring. After entry of a 

preliminary injunction, indicating probable success on the merits, Army officials not only 

discontinued the vaccination requirement as Congress ordered, but went further and 

7 

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undid adverse actions for the clients the Army had already imposed on them. This case 

involved, at bottom, relief that saved the careers of more 1,000 army servicemembers, all 

of whom faced imminent separation. In other words, it came in the nick of time. In fact, 

several separated soldiers were restored to active duty. That relief endures. 

29. For Mr. Chrisman, he received all of the relief he wanted: a clearing of his record and

name and an upgrade of his discharge.

30. From the outset, this case drew national attention and involved a significant level of

undesirability. Traditional media was critical of this case. There was a general sense

among a large segment of the public that there were unwritten exceptions to the Bill of 

Rights during a pandemic. Notwithstanding these issues, this case was brought out of a 

recognition that, despite the risks and challenges involved, the Constitutional rights at

stake needed to be vindicated, particularly at a time when those rights were most under 

assault.

31. Attached as Exhibit 2, hereto, is a complete copy of my time entries and bills for the

above captioned matter in the District Court through January 11, 2024. I reserve the right 

to supplement this declaration and our fee application in the future.

32. In total, the attached invoices reflect total hours spent in the district court for 16l.9 hours. 

Thus, total attorney fee time is $141,865. Total expenses include $854.76. Thus, the

total request, at this time, for my time and firm's expenses is $142,719.76, plus the return 

of the posted bond, and is reasonable and appropriate for this matter.

Pursuant to 28 U.S.C. §1746, I declare under penalties of perjury under the laws of the United 

States of America that the foregoing Declaration is true and correct to the best of my knowledge 

and belief and that such facts are made based on my personal knowledge. 

8 

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Executed on ~~ /~ '1 IJ~ 3/. Y~ ~ , ftF,-----

Thomas B. Bruns 

9 

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EXHIBIT 1

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Thomas B. Bruns

Bruns, Connell, Vollmar & Armstrong, LLC

4555 Lake Forest Drive, Suite 330

Cincinnati, OH 45242

513-312-9890/513-800-1263 Fax

tbruns@bcvalaw.com

EXPERIENCE:

Bruns, Connell, Vollmar & Armstrong, LLC

Managing Partner from September 2016 to present

LITIGATION:

Throughout my career I have handled, and continue to handle, numerous constitutional matters 

in both state and federal court. These cases generally involved cutting edge constitutional 

arguments/issues and have resulted in numerous published decisions and awards of attorney fees. 

A sampling of the cases is set forth below.

• Pleasant View Baptist Church, et al. v. Andy Beshear, No. 21-6028 (6

th Cir. 2023) 

(Counsel for Plaintiffs in First Amendment Free Exercise case seeking liability 

against a governor in his individual capacity. A cert. petition will be filed);

• Doster, et al. v. Kendall, et al., No. 22-3702 (6th Cir. 2022) (Class counsel for 

Plaintiffs in successful First Amendment/RFRA challenge to Air Force vaccine

mandate);

• Massie, et al. v. Pelosi, et al., No. 22-5858 (DC Ct. App. 2023) (Counsel for

Plaintiffs, who are sitting members of Congress, in 27th Amendment and First 

Amendment challenge to a House rule);

• Fischer, et al. v. Thomas, et al., No. 22-5938 (6

th Cir. 2022) (Counsel for State 

Supreme Court candidate in successful First Amendment challenge to state judicial 

canons); 

• Roberts v. Neace, 958 F.3d 409 (6

th Cir. 2020) (Counsel for Plaintiffs in a successful 

First Amendment Free Exercise case including a challenge to a state ban on Church 

attendance);

• Ramsek v. Beshear, 468 F. Supp. 3d 904 (E.D. Ky. 2020) (Counsel for Plaintiff in a 

successful First Amendment challenge to a state ban on political protest);

• Jerome Kunkel, et al. v. NKY Independent Health District, et al., Boone Circuit Court, 

Case No. 19-CI-00357 and Commonwealth of Kentucky, Court of Appeals, Case No. 

20-19-CA-000575 (Counsel for Plaintiffs in pending First Amendment case involving 

religious liberty)

• Russell v. Grimes, 784 F.2d 1037 (6

th Cir. 2015) (Counsel for Plaintiff in successful

First Amendment Electioneering case);

• Winter v. Wolnitzek, 834 F.3d 681 (6th Cir. 2016) (Counsel for Plaintiff in successful

First Amendment challenge to Judicial speech prohibitions);

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Thomas B. Bruns

Page 2

• Schmidt v. Krikorion, 2010 CVC 01217, Clermont Cty (Counsel for Defendant in 

First Amendment case that included Supreme Court appeal on issue of Congressional 

Speech and Debate Immunity);

• Libertarian National Committee, Inc., et al. v. Dr. Terry Holiday, et al., 3:14-cv00063-GVFT, 5:15-cv-00212-KKC, United States District Court, Eastern District of 

Kentucky, Central Division at Frankfort (Counsel for Plaintiff in successful First 

Amendment challenge to campaign finance and legislative ethics laws);

• Elouardighi, et al. v. Pedcor Management Corp., 13CV83929, Warren County 

(Counsel for Plaintiffs in successful civil rights case involving racial discrimination);

• Campbell, et al. v. Village of Woodlawn, Ohio, et al., 1:04CV325, U.S. District Court 

for the Southern District of Ohio (Counsel for a Defendant in §1983 case involving 

excessive use of force);

• Daly v. Neil, SDOH, 1:18-cv-00346 (Counsel for Plaintiffs in Second Amendment 

challenge to Ohio’s concealed carry requirement for a firearm in a private motor

vehicle);

• Russell Brooksbank v. Koch, 3:16-cv-00668-JHM-DW, United States District Court, 

Western District of Kentucky, Louisville Division (Counsel for Plaintiff in successful

§1983 case)

PAST EXPERIENCE:

Freund, Freeze & Arnold, Cincinnati, Ohio

Partner

EDUCATION:

University of Cincinnati College of Law, Cincinnati, Ohio, J.D., 1990

Miami University, Oxford, Ohio

Bachelor of Zoology, 1987

ADMISSIONS:

Supreme Court of Ohio, 1990

Supreme Court of Kentucky, 1993

Supreme Court of the United States, 2003

U.S. Court of Appeals for the Sixth Circuit, 2000

U.S. District Court for the Northern District of Ohio, 2005

U.S. District Court for the Southern District of Ohio, 2002

U.S. District Court for the Eastern District of Kentucky, 1997

U.S. District Court for the Western District of Kentucky, 2011

U.S. Court of Appeals for the District of Columbia Circuit 2022

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Thomas B. Bruns

Page 3

Honors:

Ohio Super Lawyer, 2007-2023

Best Lawyers in America, 2008-2023

America’s Top 100 Bet The Company Litigators 

Martindale Hubbell, AV Rating for 20 years

MEMBERSHIPS:

Cincinnati Bar Association

Ohio State Bar Association

Kentucky Bar Association

Northern Kentucky Bar Association

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EXHIBIT 2

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Bruns, Connell, Vollmar & Armstrong, LLC

40 N. Main St., Suite 2010

Dayton, OH 45423

Phone: 937-999-6217

Fax: 937-999-6290

Email: billing@bcvalaw.com

INVOICE

Invoice # 26880

Date: 01/11/2024

Due On: 02/11/2024

Chris Wiest AAL PLLC

25 Town Center Blvd., Suite 104

Crestview Hills, KY 41017

Statement of Account

Outstanding Balance New Charges Payments Received Total Amount Outstanding

( $0.00 + $142,719.76 ) - ( $0.00 ) = $142,719.76

Chris Wiest AAL PLLC--00050

Robert Schelske, et al. v. Lloyd J. Austin, III, et al.

Client Reference Number:

Services

Date Attorney Description Hours Rate Total

09/12/2022 Tom Bruns Receipt and review numerous emails from all cocounsel re: issues with Complaint and strategy for

same.

0.30 $850.00 $255.00

09/12/2022 Tom Bruns Receipt and review proposed Complaint and

declarations and revise same.

0.90 $850.00 $765.00

09/12/2022 Tom Bruns Send emails to co-counsel re: arguments to raise. 0.10 $850.00 $85.00

09/12/2022 Tom Bruns Telephone conference with co-counsel re: further plan

of action.

0.20 $850.00 $170.00

09/12/2022 Tom Bruns Receipt and review proposed Complaint and

declaration sand revise same.

0.90 $850.00 $765.00

09/13/2022 Tom Bruns Receipt and review emails from all co-counsel re:

further plan.

0.20 $850.00 $170.00

Invoice # 26880 - Chris Wiest AAL PLLC--00050 - 01/11/2024

Page 1 of 18

Bruns, Connell, Vollmar & Armstrong, LLC ATTORNEYS AT LAW 

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09/13/2022 Tom Bruns Telephone conference with co-counsel re: further

revisions to Complaint and preliminary injunction

strategy.

0.20 $850.00 $170.00

09/19/2022 Tom Bruns Receipt and review emails from co-counsel re: further

plan.

0.20 $850.00 $170.00

09/19/2022 Tom Bruns Telephone conference with co-counsel re: further plan. 0.20 $850.00 $170.00

09/27/2022 Tom Bruns Receipt and review finalized Complaint and Motion for

Preliminary Injunction.

0.40 $850.00 $340.00

09/27/2022 Tom Bruns Telephone conference with co-counsel re: finalized

pleadings.

0.20 $850.00 $170.00

09/29/2022 Tom Bruns Final revisions and additions to Complaint and Motion

for Preliminary Injunction.

0.70 $850.00 $595.00

09/29/2022 Tom Bruns Receipt and review emails from all co-counsel re:

strategy for preliminary injunction and pleading issues.

0.20 $850.00 $170.00

09/29/2022 Tom Bruns Send email to all co-counsel re: final revisions. 0.10 $850.00 $85.00

10/04/2022 Tom Bruns Email communications with co-counsel re: case

strategy and forum selection.

0.20 $850.00 $170.00

10/04/2022 Tom Bruns Telephone conference with co-counsel re: further

strategy for case.

0.20 $850.00 $170.00

10/04/2022 Tom Bruns Receipt and review as filed Complaint. 0.90 $850.00 $765.00

10/04/2022 Tom Bruns Telephone conference with co-counsel re: next steps. 0.20 $850.00 $170.00

10/05/2022 Tom Bruns Receipt and review emails from co-counsel re: further

litigation plan for case.

0.20 $850.00 $170.00

10/05/2022 Tom Bruns Prepare pro hac vice pleadings. 0.20 $850.00 $170.00

10/05/2022 Tom Bruns Telephone conference with co-counsel re: pro hac vice

and case status.

0.20 $850.00 $170.00

10/06/2022 Tom Bruns Receipt and review revised Motion and Order. 0.50 $850.00 $425.00

10/06/2022 Tom Bruns Receipt and review finalized declarations. 1.30 $850.00 $1,105.00

10/06/2022 Tom Bruns Telephone conference with co-counsel re: revisions to

Motion for Preliminary Injunction.

0.20 $850.00 $170.00

10/06/2022 Tom Bruns Telephone conference with co-counsel re: issues with

Motion for Preliminary Injunction.

0.20 $850.00 $170.00

10/06/2022 Tom Bruns Review Fifth Circuit case law re: RFRA standard in

military cases and exhaustion issues.

1.20 $850.00 $1,020.00

10/06/2022 Tom Bruns Email communications with co-counsel re: revisions to

pleadings.

0.20 $850.00 $170.00

10/07/2022 Tom Bruns Review and revise Preliminary Injunction Motion and 2.90 $850.00 $2,465.00

Invoice # 26880 - Chris Wiest AAL PLLC--00050 - 01/11/2024

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Memorandum in Support.

10/12/2022 Tom Bruns Receipt and review email from attorney Wendy Cox re:

further revisions and substance of same.

0.10 $850.00 $85.00

10/12/2022 Tom Bruns Receipt and review revised Preliminary Injunction

Motion and Memorandum and continued revisions.

0.90 $850.00 $765.00

10/12/2022 Tom Bruns Review case law re: requirements for preliminary

injunction.

1.80 $850.00 $1,530.00

10/12/2022 Tom Bruns Receipt and review email from attorney Chris Wiest re:

issues with pleadings and further revisons to same.

0.10 $850.00 $85.00

10/13/2022 Tom Bruns Receipt and review further revised Preliminary

Injunction Motion and Memorandum in Support.

0.80 $850.00 $680.00

10/13/2022 Tom Bruns Receipt and review emails from attorney Wendy Cox

re: issues with Preliminary Injunction Motion and

Memorandum in Support and local counsel.

0.10 $850.00 $85.00

10/13/2022 Tom Bruns Receipt and review Motion to Proceed without local

counsel.

0.10 $850.00 $85.00

10/18/2022 Tom Bruns Receipt and review email from attorney Wendy Cox

with attachment re: deployability issues.

0.30 $850.00 $255.00

10/18/2022 Tom Bruns Receipt and review as-filed Preliminary Injunction

Motion and Memorandum in Support.

0.40 $850.00 $340.00

10/28/2022 Tom Bruns Receipt and review email from attorney Wendy Cox

with attachment re: army documents and action against

clients.

0.20 $850.00 $170.00

11/02/2022 Tom Bruns Receipt and review email from attorney Wendy Cox re:

follow up on clients.

0.10 $850.00 $85.00

11/09/2022 Tom Bruns Receipt and review Department of Justice Response to

Preliminary Injunction Motion and review case cites.

2.80 $850.00 $2,380.00

11/10/2022 Tom Bruns Receipt and review Defendants' Notice of

Supplemental Facts.

0.10 $850.00 $85.00

11/17/2022 Tom Bruns Receipt and review Galloway response to

Supplemental Facts.

0.10 $850.00 $85.00

11/17/2022 Tom Bruns Receipt and review email from attorney Wendy Cox re:

issues without reply.

0.10 $850.00 $85.00

11/18/2022 Tom Bruns Receipt and review emails from attorney Wendy Cox

re: further revisions to Reply and plan for same.

0.20 $850.00 $170.00

11/18/2022 Tom Bruns Receipt and review email from attorney Johnny Walker

re: timing of Reply.

0.10 $850.00 $85.00

11/21/2022 Tom Bruns Receipt and review email from co-counsel re: issues

with Reply.

0.10 $850.00 $85.00

Invoice # 26880 - Chris Wiest AAL PLLC--00050 - 01/11/2024

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11/21/2022 Tom Bruns Revise and add to Reply in Support of Preliminary

Injunction.

2.70 $850.00 $2,295.00

11/22/2022 Tom Bruns Receipt and review email from attorney Johnny Wakler

re: additonal information from Army.

0.10 $850.00 $85.00

11/22/2022 Tom Bruns Receipt and review emails from co-counsel re: class

certification.

0.20 $850.00 $170.00

11/22/2022 Tom Bruns Receipt and review additional revised Reply in Support. 0.40 $850.00 $340.00

11/22/2022 Tom Bruns Receipt and review proposed Class Certification

Motion.

0.30 $850.00 $255.00

11/22/2022 Tom Bruns Send email to co-counsel re: revisions to proposed

Class Certification Motion.

0.10 $850.00 $85.00

11/23/2022 Tom Bruns Revise and add to Class Certification Motion and

Memorandum in Support.

3.40 $850.00 $2,890.00

11/23/2022 Tom Bruns Review case law in support of Class Certification

Motion and Memorandum in Support.

0.90 $850.00 $765.00

11/23/2022 Tom Bruns Send emails to co-counsel re: my revisions to Class

Certification Motion and Memorandum in Support.

0.10 $850.00 $85.00

11/23/2022 Tom Bruns Receipt and review emails from co-counsel re: our

Motion and further revisions.

0.40 $850.00 $340.00

11/23/2022 Tom Bruns Receipt and review GOMOR information on clients. 0.20 $850.00 $170.00

11/23/2022 Tom Bruns Discussions with co-counsel re: GOMOR issues. 0.20 $850.00 $170.00

12/01/2022 Tom Bruns Receipt and review Plaintiffs' Notice of Supplemental

Authority.

0.10 $850.00 $85.00

12/05/2022 Tom Bruns Receipt and review emails from co-counsel re: issues

for Court.

0.30 $850.00 $255.00

12/05/2022 Tom Bruns Receipt and review documents from Cadet Mell. 0.20 $850.00 $170.00

12/05/2022 Tom Bruns Receipt and review emails from attorney Johnny

Walker re: response to Cadet Mell.

0.20 $850.00 $170.00

12/06/2022 Tom Bruns Receipt and review emails from attorney Johnny

Walker re: briefing issues.

0.10 $850.00 $85.00

12/06/2022 Tom Bruns Receipt and review emails from co-counsel re: issues

for the hearing.

0.10 $850.00 $85.00

12/06/2022 Tom Bruns Receipt and review article on potential mandate repeal. 0.10 $850.00 $85.00

12/07/2022 Tom Bruns Receipt and review Defendants' Notice of

Supplemental Authority.

0.10 $850.00 $85.00

12/07/2022 Tom Bruns Receipt and review Notice of Subsequent Factual

Developments.

0.10 $850.00 $85.00

Invoice # 26880 - Chris Wiest AAL PLLC--00050 - 01/11/2024

Page 4 of 18

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12/08/2022 Tom Bruns Receipt and review email from Court re: need for

conference call.

0.10 $850.00 $85.00

12/08/2022 Tom Bruns Receipt and review emails from co-counsel re:

conference call with Court and plan for same.

0.10 $850.00 $85.00

12/08/2022 Tom Bruns Discussions with co-counsel and participate with Court

in conference call and follow up.

2.40 $850.00 $2,040.00

12/09/2022 Tom Bruns Receipt and review emails from co-counsel re: plan for

hearing and status of actions against clients.

0.50 $850.00 $425.00

12/09/2022 Tom Bruns Discussions with co-counsel re: plan for hearing. 1.90 $850.00 $1,615.00

12/09/2022 Tom Bruns Receipt and review email from attorney Johnny Walker

re: issues for hearing.

0.10 $850.00 $85.00

12/09/2022 Tom Bruns Receipt and review proposed email to Department of

Justice and send emails to co-counsel on follow up with

same.

0.20 $850.00 $170.00

12/09/2022 Tom Bruns Receipt and review Order for hearing on Preliminary

Injunction.

0.10 $850.00 $85.00

12/09/2022 Tom Bruns Revise and add to response email to Department of

Justice.

0.20 $850.00 $170.00

12/09/2022 Tom Bruns Receipt and review separation notice. 0.10 $850.00 $85.00

12/09/2022 Tom Bruns Receipt and review documents on Schelske and

Costroff.

0.60 $850.00 $510.00

12/09/2022 Tom Bruns Receipt and review Motion to continue hearing and

proposed Order.

0.10 $850.00 $85.00

12/09/2022 Tom Bruns Receipt and review Memorandum in Opposition and

revise same.

0.30 $850.00 $255.00

12/09/2022 Tom Bruns Receipt and review Garwacki subpoena. 0.10 $850.00 $85.00

12/10/2022 Tom Bruns Email communications with co-counsel re: hearing

preparation and call on hearing.

0.20 $850.00 $170.00

12/10/2022 Tom Bruns Receipt and review Order denying continuance. 0.10 $850.00 $85.00

12/11/2022 Tom Bruns Review proposed exhibits for hearing and dicuss

preparation with co-counsel.

3.60 $850.00 $3,060.00

12/11/2022 Tom Bruns Receipt and review emails from co-counsel re: issues

with hearing and exhibits.

0.20 $850.00 $170.00

12/12/2022 Tom Bruns Receipt and review emails from co-counsel re: hearing

preparation.

0.40 $850.00 $340.00

12/12/2022 Tom Bruns Begin preparation for hearing re: review pleadings,

cases and documents for use at hearing.

3.40 $850.00 $2,890.00

12/13/2022 Tom Bruns Continued preparation for hearing re: review exhibits 4.20 $850.00 $3,570.00

Invoice # 26880 - Chris Wiest AAL PLLC--00050 - 01/11/2024

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and outline of potential questions.

12/13/2022 Tom Bruns Receipt and review emails from co-counsel re: issues

for hearing and witnesses.

0.60 $850.00 $510.00

12/13/2022 Tom Bruns Receipt and review email from attorney Keri Berman re:

hearing issues.

0.10 $850.00 $85.00

12/13/2022 Tom Bruns Receipt and review additional Army documentation. 0.20 $850.00 $170.00

12/14/2022 Tom Bruns Travel to Lubbock, Texas from Cincinnati. 5.60 $850.00 $4,760.00

12/14/2022 Tom Bruns Continued preparation for hearing re: exhibit review and

continue the outline for witnesses.

6.20 $850.00 $5,270.00

12/15/2022 Tom Bruns Continued preparation for hearing including meeting

with and preparation of all witnesses.

10.70 $850.00 $9,095.00

12/16/2022 Tom Bruns Continued witness preparation and attend Preliminary

Injunction hearing.

6.10 $850.00 $5,185.00

12/16/2022 Tom Bruns Travel to Cincinnati Ohio from Lubbock Texas. 6.30 $850.00 $5,355.00

12/18/2022 Tom Bruns Review Defendants' Memorandum in Opposition to

Class Certification and review case cites.

1.90 $850.00 $1,615.00

12/19/2022 Tom Bruns Revise and add to Motion for Expedited Class

Discovery.

0.90 $850.00 $765.00

12/19/2022 Tom Bruns Receipt and review emails from co-counsel re: issues

for follow up from hearing.

0.60 $850.00 $510.00

12/19/2022 Tom Bruns Receipt and review proposed class discovery and

revisions to same.

0.40 $850.00 $340.00

12/19/2022 Tom Bruns Receipt and review Motion for Extension and proposed

order.

0.10 $850.00 $85.00

12/20/2022 Tom Bruns Receipt and review emails from attorney Johnny

Walker re: conference call.

0.10 $850.00 $85.00

12/20/2022 Tom Bruns Receipt and review emails from co-counsel re: follow

up discovery and class issues.

0.30 $850.00 $255.00

12/20/2022 Tom Bruns Telephone conference with co-counsel re: conference

call issues.

0.20 $850.00 $170.00

12/21/2022 Tom Bruns Receipt and review emails from co-counsel on class

and discovery issues.

0.40 $850.00 $340.00

12/21/2022 Tom Bruns Prepare for call re: review notes and pleadings. 0.30 $850.00 $255.00

12/21/2022 Tom Bruns Participate in conference call re: class issues and

discovery.

0.40 $850.00 $340.00

12/21/2022 Tom Bruns Receipt and review preliminary injunction decision. 0.60 $850.00 $510.00

12/21/2022 Tom Bruns Receipt and review transcript of hearing. 1.10 $850.00 $935.00

Invoice # 26880 - Chris Wiest AAL PLLC--00050 - 01/11/2024

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12/21/2022 Tom Bruns Receipt and review email from attorney Johnny Walker

re: class issues.

0.10 $850.00 $85.00

12/22/2022 Tom Bruns Receipt and review emails from co-counsel re: class

issues and plan for discovery.

0.80 $850.00 $680.00

12/22/2022 Tom Bruns Participate in conference call re: class issues and

NDAA.

0.40 $850.00 $340.00

12/22/2022 Tom Bruns Receipt and review email from attorney Johnny Walker

re: class discovery.

0.10 $850.00 $85.00

12/23/2022 Tom Bruns Receipt and review Order re: follow up on preliminary

injunction ruling.

0.10 $850.00 $85.00

12/23/2022 Tom Bruns Receipt and review emails from co-counsel re: class

certification issues.

0.20 $850.00 $170.00

12/27/2022 Tom Bruns Revise and add to Reply in Support of Motion to Certify. 2.10 $850.00 $1,785.00

12/27/2022 Tom Bruns Receipt and review emails from co-counsel re: class

certification issues.

0.10 $850.00 $85.00

01/02/2023 Tom Bruns Receipt and review numerous emails from all cocounsel re: NDAA issues and plan of action.0.50 $850.00 $425.00

01/02/2023 Tom Bruns Receipt and review Amy documents re: NDAA issues. 0.60 $850.00 $510.00

01/02/2023 Tom Bruns Participate in ZOOM call re: NDAA issues. 0.50 $850.00 $425.00

01/03/2023 Tom Bruns Receipt and review email from attorney Chris Wiest

with attachments re: demand to Department of Justice

re: NDAA issues.

0.20 $850.00 $170.00

01/04/2023 Tom Bruns Participate in ZOOM call with co-counsel re: next steps. 0.30 $850.00 $255.00

01/06/2023 Tom Bruns Receipt and review numerous emails from all cocounsel re: discovery and stay issues.0.30 $850.00 $255.00

01/06/2023 Tom Bruns Receipt and review Plaintiffs' Response to Defendants'

Notice and revise same.

0.30 $850.00 $255.00

01/06/2023 Tom Bruns Participate in ZOOM call re: stay request and further

plan.

0.40 $850.00 $340.00

01/06/2023 Tom Bruns Receipt and review of attorney Keri Berman email re:

stay issues.

0.10 $850.00 $85.00

01/06/2023 Tom Bruns Receipt and review of email from attorney Johnny

Walker re: stay issues.

0.10 $850.00 $85.00

01/06/2023 Tom Bruns Review pleadings and Army documents re: mootness

issues.

0.60 $850.00 $510.00

01/09/2023 Tom Bruns Receipt and review emails from all co-counsel re:

FRAGO and status report issues.

0.20 $850.00 $170.00

01/09/2023 Tom Bruns Telephone conference with co-counsel re: status report 0.20 $850.00 $170.00

Invoice # 26880 - Chris Wiest AAL PLLC--00050 - 01/11/2024

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issues.

01/09/2023 Tom Bruns Revise and add to proposed Joint Status Report. 0.20 $850.00 $170.00

01/09/2023 Tom Bruns Send email to all co-counsel with proposed Joint Status

Report.

0.10 $850.00 $85.00

01/09/2023 Tom Bruns Review Secretary of Defense memorandum and

pleading re: mootness issues and further relief.

0.90 $850.00 $765.00

01/09/2023 Tom Bruns Receipt and review email from co-counsel re: dispute

over operational versus punitive.

0.10 $850.00 $85.00

01/09/2023 Tom Bruns Review Army releases re: mandate recission. 0.20 $850.00 $170.00

01/09/2023 Tom Bruns Receipt and review Defendants' Joint Report. 0.20 $850.00 $170.00

01/09/2023 Tom Bruns Receipt and review email from attorney Johnny Walker

re: Defendants' Joint Report.

0.10 $850.00 $85.00

01/11/2023 Tom Bruns Receipt and review emails from co-counsel re:

mootness issues.

0.20 $850.00 $170.00

01/11/2023 Tom Bruns Telephone conference with co-counsel re: further plan. 0.40 $850.00 $340.00

01/11/2023 Tom Bruns Participate in ZOOM conference with all co-counsel re:

further plan.

0.40 $850.00 $340.00

01/13/2023 Tom Bruns Receipt and review emails from co-counsel re:

mootness and final relief.

0.20 $850.00 $170.00

01/18/2023 Tom Bruns Receipt and review numerous emails from all cocounsel re: mootness, status report and continuing

harm.

0.40 $850.00 $340.00

01/18/2023 Tom Bruns Receipt and review outline of ongoing harm issues. 0.20 $850.00 $170.00

01/18/2023 Tom Bruns Review file re: ongoing harm issues. 0.80 $850.00 $680.00

01/18/2023 Tom Bruns Review, revise and add to proposed Joint Status

Report.

1.20 $850.00 $1,020.00

01/18/2023 Tom Bruns Participate in ZOOM call on proposed Joint Status

Report.

0.90 $850.00 $765.00

01/18/2023 Tom Bruns Email communications with co-counsel re: issues with

proposed Joint Status Report.

0.20 $850.00 $170.00

01/18/2023 Tom Bruns Telephone conference with co-counsel re: issues with

proposed Joint Status Report.

0.20 $850.00 $170.00

01/18/2023 Tom Bruns Receipt and review as filed Joint Status Report. 0.20 $850.00 $170.00

01/20/2023 Tom Bruns Receipt and review Defendants' Motion to Dismiss. 0.20 $850.00 $170.00

01/20/2023 Tom Bruns Receipt and review Memorandum of Law in Support

and review cited cases.

2.90 $850.00 $2,465.00

01/20/2023 Tom Bruns Receipt and review emails from co-counsel re: Motion 0.20 $850.00 $170.00

Invoice # 26880 - Chris Wiest AAL PLLC--00050 - 01/11/2024

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to Dismiss and handling of same.

01/20/2023 Tom Bruns Telephone conference with co-counsel re: Motion to

Dismiss arguments.

0.40 $850.00 $340.00

01/23/2023 Tom Bruns Telephone conference with co-counsel re: Motion to

Dismiss response.

0.20 $850.00 $170.00

01/23/2023 Tom Bruns Prepare for ZOOM call re: review file and allegations for

relief.

0.50 $850.00 $425.00

01/23/2023 Tom Bruns Participate in ZOOM call with co-counsel. 0.90 $850.00 $765.00

01/23/2023 Tom Bruns Telephone conference with co-counsel re: Motion to

Dismiss response.

0.30 $850.00 $255.00

01/27/2023 Tom Bruns Receipt and review numerous emails from co-counsel

re: mootness.

0.20 $850.00 $170.00

01/27/2023 Tom Bruns Receipt and review Defendants' Notice of

Reinstatement.

0.10 $850.00 $85.00

01/27/2023 Tom Bruns Receipt and review attorney Johnny Walker email re:

further harm and response to same.

0.10 $850.00 $85.00

01/27/2023 Tom Bruns Telephone conference with co-counsel re: mootness

issues.

0.20 $850.00 $170.00

01/27/2023 Tom Bruns Participate in ZOOM call with co-counsel re: final relief

and mootness issues.

0.60 $850.00 $510.00

01/30/2023 Tom Bruns Email communications with all co-counsel re: further

plan for case.

0.20 $850.00 $170.00

01/30/2023 Tom Bruns Receipt and review email from attorney Johnny Walker

re: contempt awarded.

0.10 $850.00 $85.00

01/30/2023 Tom Bruns Receipt and review email from attorney Wendy Cox re:

contempt awarded.

0.10 $850.00 $85.00

01/31/2023 Tom Bruns Receipt and review emails from co-counsel re: further

strategy.

0.20 $850.00 $170.00

01/31/2023 Tom Bruns Telephone conference with co-counsel re: further

strategy.

0.20 $850.00 $170.00

01/31/2023 Tom Bruns Participate in ZOOM call with co-counsel re: mootness

issues and further strategy.

0.80 $850.00 $680.00

02/03/2023 Tom Bruns Receipt and review emails from attorney Wendy Cox

with attachments re: potential contempt issues.

0.20 $850.00 $170.00

02/03/2023 Tom Bruns Receipt and review email from attorney Johnny Walker

re: contempt issues.

0.10 $850.00 $85.00

02/03/2023 Tom Bruns Telephone conference with co-counsel re: potential

contempt issues.

0.20 $850.00 $170.00

Invoice # 26880 - Chris Wiest AAL PLLC--00050 - 01/11/2024

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02/03/2023 Tom Bruns Receipt and review email from attorney Johnny Walker

re: contempt issues.

0.10 $850.00 $85.00

02/14/2023 Tom Bruns Revise and add to Memorandum in Opposition to

Motion to Dismiss.

3.10 $850.00 $2,635.00

02/14/2023 Tom Bruns Receipt and review emails from co-counsel re:

mootness issues and our opposition.

0.20 $850.00 $170.00

02/14/2023 Tom Bruns Telephone conference with co-counsel re: re: mootness

issues and our opposition.

0.20 $850.00 $170.00

02/15/2023 Tom Bruns Finish revising and adding to Memorandum in

Opposition to Motion to Dismiss.

1.80 $850.00 $1,530.00

02/15/2023 Tom Bruns Email communications with co-counsel re: arguments

contained in Memorandum in Opposition to Motion to

Dismiss.

0.30 $850.00 $255.00

02/15/2023 Tom Bruns Telephone conference with co-counsel re: issues with

Memorandum in Opposition to Motion to Dismiss.

0.20 $850.00 $170.00

02/15/2023 Tom Bruns Receipt and review additions to Memorandum in

Opposition to Motion to Dismiss re: mootness in light of

Secretary of Defense memorandum.

0.70 $850.00 $595.00

02/15/2023 Tom Bruns Participate in ZOOM conference call with all co-counsel

re: discovery issues and Motion to Quash.

0.60 $850.00 $510.00

02/16/2023 Tom Bruns Receipt and review finalized Memorandum in

Opposition to Motion to Dismiss.

0.50 $850.00 $425.00

02/16/2023 Tom Bruns Telephone conference with co-counsel re: further

strategy for case.

0.40 $850.00 $340.00

02/17/2023 Tom Bruns Receipt and review emails from attorney Johnny

Walker with U.S. Department of Justice re: pleading

issues.

0.20 $850.00 $170.00

02/17/2023 Tom Bruns Receipt and review emails from co-counsel re: pleading

issues.

0.10 $850.00 $85.00

02/17/2023 Tom Bruns Telephone conference with co-counsel re: pleading

issues.

0.20 $850.00 $170.00

03/08/2023 Tom Bruns Receipt and review attorney JohnnyWalker email re:

page limits.

0.10 $850.00 $85.00

03/08/2023 Tom Bruns Receipt and review email from co-counsel re: page

limits.

0.10 $850.00 $85.00

03/08/2023 Tom Bruns Telephone conference with co-counsel re: mootness

and further plan.

0.20 $850.00 $170.00

03/08/2023 Tom Bruns Prepare for ZOOM conference call re: review file,

factual research on mootness claim.

0.90 $850.00 $765.00

03/08/2023 Tom Bruns Participate in ZOOM conference call re: further 0.50 $850.00 $425.00

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strategy.

03/10/2023 Tom Bruns Receipt and review Defendants' Motion to Dismiss. 0.10 $850.00 $85.00

03/10/2023 Tom Bruns Receipt and review Department of Defense memo on

implementation of rescission.

0.10 $850.00 $85.00

03/10/2023 Tom Bruns Receipt and review Memorandum in Support of Motion

to Dismiss and cases cited therein.

3.60 $850.00 $3,060.00

03/10/2023 Tom Bruns Receipt and review attorney Johnny Walker email re:

order granting motion.

0.10 $850.00 $85.00

03/10/2023 Tom Bruns Receipt and review Mahoney and Suarez declarations

with attachments.

0.90 $850.00 $765.00

03/10/2023 Tom Bruns Telephone conference with co-counsel re: Defendants'

arguments and mootness.

0.40 $850.00 $340.00

03/15/2023 Tom Bruns Participate in ZOOM call re: next steps. 0.30 $850.00 $255.00

03/15/2023 Tom Bruns Telephone conference with co-counsel re: next steps. 0.20 $850.00 $170.00

03/16/2023 Tom Bruns Email communications with all co-counsel re: our

response to Motion to Dismiss and issues with same.

0.20 $850.00 $170.00

03/16/2023 Tom Bruns Telephone conference with co-counsel re: arguments in

our response to Motion to Dismiss.

0.30 $850.00 $255.00

03/16/2023 Tom Bruns Receipt and review pleadings from Navy Seals case re:

mootness arguments and review of case cites.

1.20 $850.00 $1,020.00

03/16/2023 Tom Bruns Receipt and review Army documents re: rescission

implementation.

0.90 $850.00 $765.00

03/18/2023 Tom Bruns Review case cites and follow up cases in our Response

Brief.

2.70 $850.00 $2,295.00

03/18/2023 Tom Bruns Revise and add to our Response to Motion to Dismiss. 4.60 $850.00 $3,910.00

03/18/2023 Tom Bruns Email communications with all co-counsel re: revisions,

additions and issues with Response to Motion to

Dismiss.

0.30 $850.00 $255.00

03/19/2023 Tom Bruns Receipt and review emails from co-counsel re: further

revisions to Response.

0.10 $850.00 $85.00

03/19/2023 Tom Bruns Receipt and review revised Response to Motion to

Dismiss.

0.60 $850.00 $510.00

03/20/2023 Tom Bruns Email communications with co-counsel re: mootness

issues and Army's documentation.

0.20 $850.00 $170.00

03/22/2023 Tom Bruns Receipt and review further revise Response to Motion

to Dismiss.

0.80 $850.00 $680.00

03/22/2023 Tom Bruns Telephone conference with co-counsel re: our

Response to Motion to Dismiss and revisions.

0.20 $850.00 $170.00

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03/22/2023 Tom Bruns Participate in ZOOM conference call with co-counsel re:

further plan.

0.40 $850.00 $340.00

03/22/2023 Tom Bruns Email communications with co-counsel re: revisions to

our Response.

0.30 $850.00 $255.00

03/22/2023 Tom Bruns Receipt and review of additional Army documents re:

rescission issues.

0.40 $850.00 $340.00

03/23/2023 Tom Bruns Receipt and review emails from all co-counsel re: our

response and strategy for same.

0.20 $850.00 $170.00

03/23/2023 Tom Bruns Receipt and review further revisions to Response to

Motion to Dismiss.

0.50 $850.00 $425.00

03/24/2023 Tom Bruns Receipt and review as filed Response to Motion to

Dismiss.

0.40 $850.00 $340.00

03/29/2023 Tom Bruns Email communications with co-counsel re: Army's

ongoing pickoff efforts.

0.20 $850.00 $170.00

03/30/2023 Tom Bruns Email communications with co-counsel re: mootness

issues.

0.20 $850.00 $170.00

04/05/2023 Tom Bruns Participate in ZOOM call with co-counsel re: further

litigation plan.

0.30 $850.00 $255.00

04/07/2023 Tom Bruns Receipt and review Defendants' Reply in Support of

Motion to Dismiss and review case cites.

3.10 $850.00 $2,635.00

04/07/2023 Tom Bruns Receipt and review Supplemental Appendix to Reply

with attachments.

0.40 $850.00 $340.00

04/07/2023 Tom Bruns Receipt and review emails from co-counsel re: further

plan.

0.20 $850.00 $170.00

04/19/2023 Tom Bruns Participate in ZOOM call with co-counsel re: further

plan.

0.20 $850.00 $170.00

07/05/2023 Tom Bruns Review pleadings file re: status response. 0.40 $850.00 $340.00

07/05/2023 Tom Bruns Attend ZOOM call on status response. 0.40 $850.00 $340.00

07/05/2023 Tom Bruns Receipt and review Order granting extension. 0.10 $850.00 $85.00

07/05/2023 Tom Bruns Receipt and review Schelske documents. 0.20 $850.00 $170.00

07/07/2023 Tom Bruns Receipt and review Navy Seals Opinion. 0.40 $850.00 $340.00

07/07/2023 Tom Bruns Receipt and review email from co-counsel re: next

steps.

0.10 $850.00 $85.00

07/10/2023 Tom Bruns Receipt and review emails from co-counsel re: next

steps.

0.20 $850.00 $170.00

07/10/2023 Tom Bruns Receipt and review proposed declarations and revise

same.

0.40 $850.00 $340.00

Invoice # 26880 - Chris Wiest AAL PLLC--00050 - 01/11/2024

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07/14/2023 Tom Bruns Revise and add to Joint Supplemental Notice. 0.40 $850.00 $340.00

09/18/2023 Tom Bruns Receipt and review decision on Motion to Dismiss. 0.90 $850.00 $765.00

09/19/2023 Tom Bruns Receipt and review emails from co-counsel re: decision

on Motion to Dismiss.

0.20 $850.00 $170.00

09/19/2023 Tom Bruns Call with Department of Justice and follow up call with

co-counsel.

0.80 $850.00 $680.00

09/22/2023 Tom Bruns Communicate with co-counsel and client re: settlement

and further plan.

0.90 $850.00 $765.00

09/24/2023 Tom Bruns Review case law re: fee issues. 1.20 $850.00 $1,020.00

09/24/2023 Tom Bruns Review file re: remaining issues for settlement. 0.50 $850.00 $425.00

09/24/2023 Tom Bruns Telephone conference with attorney Chris Wiest re: fee

issue.

0.20 $850.00 $170.00

10/05/2023 Tom Bruns Telephone conference with attorney Chris Wiest re:

settlement and fee issues.

0.20 $850.00 $170.00

10/05/2023 Tom Bruns Receipt and review emails from all co-counsel re:

settlement and fee issues.

0.10 $850.00 $85.00

10/25/2023 Tom Bruns Receipt and review Snyder email re: settlement and fee

issues.

0.10 $850.00 $85.00

10/25/2023 Tom Bruns Review cases cited by Department of Justice. 0.80 $850.00 $680.00

10/25/2023 Tom Bruns Review emails by all co-counsel re: Department of

Justice settlement position.

0.20 $850.00 $170.00

10/25/2023 Tom Bruns Telephone conference with attorney Chris Wiest re:

Department of Justice response and mediation.

0.20 $850.00 $170.00

10/27/2023 Tom Bruns Receipt and review proposed Joint Motion. 0.10 $850.00 $85.00

10/27/2023 Tom Bruns Receipt and review emails from co-counsel re:

proposed Joint Motion and mediation.

0.10 $850.00 $85.00

11/02/2023 Tom Bruns Receipt and review Order on mediation. 0.10 $850.00 $85.00

11/07/2023 Tom Bruns Receipt and review Joint Notice of Mediation. 0.10 $850.00 $85.00

11/16/2023 Tom Bruns Receipt and review emails from all co-counsel re:

settlement demand and mediation.

0.10 $850.00 $85.00

11/16/2023 Tom Bruns Receipt and review proposed settlement demand. 0.30 $850.00 $255.00

11/16/2023 Tom Bruns Telephone conference with attorney Chris Wiest re:

proposed settlement demand.

0.20 $850.00 $170.00

11/20/2023 Tom Bruns Receipt and review further revised settlement letter and

releases.

0.20 $850.00 $170.00

11/22/2023 Tom Bruns Receipt and review proposed mediation position

statement.

0.30 $850.00 $255.00

Invoice # 26880 - Chris Wiest AAL PLLC--00050 - 01/11/2024

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11/27/2023 Tom Bruns Receipt and review further revised mediation psoition

statement and extensively revise same.

0.60 $850.00 $510.00

11/27/2023 Tom Bruns Send email to all co-counsel re: my revisions to

mediation psoition statement.

0.10 $850.00 $85.00

11/27/2023 Tom Bruns Telephone conference with attorney Chris Wiest re:

handling of mediation.

0.20 $850.00 $170.00

12/05/2023 Tom Bruns Telephone conference with attorney Chris Wiest re:

strategy for handling of mediation.

0.20 $850.00 $170.00

12/07/2023 Tom Bruns Telephone conference with attorney Chris Wiest re:

handling of mediation.

0.20 $850.00 $170.00

12/07/2023 Tom Bruns Receipt and review Agreed Order rescinding claims. 0.10 $850.00 $85.00

12/08/2023 Tom Bruns Receipt and review Minute Entry for Mediation. 0.10 $850.00 $85.00

12/14/2023 Tom Bruns Receipt and review emails from all co-counsel re:

mediation follow up.

0.10 $850.00 $85.00

12/14/2023 Tom Bruns Receipt and review Schelske declaration. 0.10 $850.00 $85.00

12/15/2023 Tom Bruns Send email to all co-counsel re: follow up on mediation. 0.10 $850.00 $85.00

12/18/2023 Tom Bruns Revise and add to Schelske declaration and send to all

co-counsel.

0.20 $850.00 $170.00

01/04/2024 Tom Bruns Receipt and review emails from all co-counsel re: fee

issues and motion.

0.20 $850.00 $170.00

01/04/2024 Tom Bruns Telephone conference with attorney Chris Wiest re:

strategy and plan for fee motion.

0.20 $850.00 $170.00

01/11/2024 Tom Bruns Revise and add to Declaration in support of Fee

Motion.

0.80 $850.00 $680.00

Quantity Subtotal 166.9

Services Subtotal $141,865.00

Expenses

Date Attorney Description Quantity Rate Total

12/13/2022 Tom Bruns PACER fees

Paid by credit card

1.00 $44.20 $44.20

12/14/2022 Tom Bruns Courtyard Lubbock Downtown TX

Paid by credit card

1.00 $448.83 $448.83

12/14/2022 Tom Bruns IAHB Cibo Express B25 Houston TX

Paid by credit card

1.00 $13.18 $13.18

12/14/2022 Tom Bruns Panera Bread

Paid by credit card

1.00 $13.07 $13.07

Invoice # 26880 - Chris Wiest AAL PLLC--00050 - 01/11/2024

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12/16/2022 Tom Bruns SWA inflight WIFI

Paid by credit card

1.00 $8.00 $8.00

12/17/2022 Tom Bruns Delta Air Services Fees

Paid by credit card

1.00 $10.00 $10.00

12/18/2022 Tom Bruns CNP Parkside East

Austin TX

Paid by credit card

1.00 $22.56 $22.56

12/18/2022 Tom Bruns Jugo Juice East Austin TX

Paid by credit card

1.00 $10.89 $10.89

02/01/2023 Tom Bruns Reimbursement for Airfare to Texas $252.98

Two Uber trips $31.05

Ck No. 7683

1.00 $284.03 $284.03

Expenses Subtotal $854.76

Time Keeper Hours Rate Total

Tom Bruns 166.9 $850.00 $141,865.00

Quantity Total 166.9

Subtotal $142,719.76

Total $142,719.76

Detailed Statement of Account

Current Invoice

Invoice Number Due On Amount Due Payments Received Balance Due

26880 02/11/2024 $142,719.76 $0.00 $142,719.76

Outstanding Balance $142,719.76

Total Amount Outstanding $142,719.76

Invoice # 26880 - Chris Wiest AAL PLLC--00050 - 01/11/2024

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Please make all amounts payable to: Bruns, Connell, Vollmar & Armstrong, LLC

Please pay within 31 days.

Invoice # 26880 - Chris Wiest AAL PLLC--00050 - 01/11/2024

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Remittance Advice

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Remit checks to: Bruns, Connell, Vollmar & Armstrong, LLC

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Tax ID: 81-3698456

Please include the invoice number 26880 as an additional reference so we may accurately identify and apply your

payment.

Invoice # 26880 - Chris Wiest AAL PLLC--00050 - 01/11/2024

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Bruns, Connell, Vollmar & Armstrong, LLC

40 N. Main St., Suite 2010

Dayton, OH 45423

Phone: 937-999-6217

Fax: 937-999-6290

Email: billing@bcvalaw.com

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Invoice # 26880

Date: 01/11/2024

Due On: 02/11/2024

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EXHIBIT E

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UNITED STATES DIST RICT COURT

FOR THE NORTHERN DISTRICT OF TEXAS

SAN ANGELO DIVISION

ROBERT SCHELSKE, et al.,

Plaintiffs, 

v.

LLOYD J. AUSTIN, III, in his 

official capacity as United States 

Secretary of Defense, et al.,

Defendants.

 Case No. 6:22-cv-00049-H 

 

DECLARATION OF JOHN C. SULLIVAN

1. My name is John Sullivan. I am over the age of 18 and fully competent 

in all respects to make this declaration. 

2. I have personal knowledge of the facts stated in this declaration, and all 

of these facts are true and correct.

3. I have practiced law in Texas for 11 years, and I have been a member of 

the Texas bar since 2012. I am admitted to practice in Texas and the District 

of Columbia; the United States District Courts for the Northern, Southern, 

Eastern, and Western Districts of Texas, and the Eastern District of Michigan; 

the United States Courts of Appeals for the D.C., First, Second, Third, Fourth, 

Fifth, Sixth, Ninth, Eleventh, and Federal Circuits; and the Supreme Court of 

the United States. 

4. I received my law degree from the University of Notre Dame Law School 

in 2012 where I was the Executive Editor of the Notre Dame Law Review and 

the recipient of the Farabaugh Prize. I was also a fellow with the Blackstone 

Legal Fellowship and continue to work regularly on cases related to the 

127

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Fellowship’s religious liberty mission, drafting multiple briefs each year in 

support of First Amendment claims brought by plaintiffs in both state and 

federal court. 

5. Following graduation from law school, I clerked for then–Chief Judge

Edith H. Jones of the United States Court of Appeals for the Fifth Circuit. Most 

of my career after that was spent in private practice at the law firm of Morgan 

Lewis & Bockius—one of the largest firms in the world—serving in an issues 

and appeals role. I also spent two years as an Assistant Solicitor General for 

the State of Texas, working at the Office of the Attorney General in Austin. 

6. My career has involved a significant amount of work on religious liberty

cases. At Morgan Lewis, I drafted multiple Supreme Court petitions involving 

the Establishment Clause and handled briefing for appeals in both the Fourth 

and Sixth Circuits that were taken en banc by those courts on the issue of 

legislative prayer. During that time, I also gained substantial experience in 

both class action and employment law, helping handle appeals in multiple 

circuits involving accommodations. While working as a Texas Assistant SG, I 

drafted Supreme Court briefs for broad coalitions of states addressing the 

interplay between First Amendment law and public accommodations.

7. I founded my own law firm—S|L LAW PLLC—two and a half years ago

and practice primarily in federal courts around the country with a focus on 

class action religious liberty cases. This includes multiple class action lawsuits 

related to COVID-19 vaccine exemptions. I have also drafted multiple 

Supreme Court amicus briefs on these topics, including one in Groff v. DeJoy, 

addressing Title VII and the employer’s duty to accommodate religious belief. 

Additionally, a substantial portion of my work involves challenges to 

government regulations or enforcement.

8. My résumé is attached as Exhibit 1 to this declaration.

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9. I am familiar with the rates of experienced litigators in the Dallas–Fort

Worth market. Having practiced in a wide variety of cases, including those

involving religious-freedom claims such as this one, I know and understand 

the market for experienced litigators handling the type of work being 

evaluated. 

10. In the Dallas market, an hourly rate of $975 is reasonable, as attorneys

with less experience charge hourly fees at or above this range. For example, I 

know young partners in “big law”—with only ten years’ experience—who are 

billed to their clients at more than $1,600/hour.

11. I am also familiar with the fee application that the Court recently

approved in Franciscan Alliance, Inc. v. Becerra, --- F. Supp. 3d ----, 2023 WL 

4462049 (N.D. Tex.). Although the $1,200 hourly rate there was based on the 

D.C. market, hourly rates in Dallas are comparable with D.C. rates for work

in federal court on complex class action issues. The rates requested here are

well within the range of what would be customary in the Dallas market for

similar litigation.

12. As the founding partner of S|L LAW, I oversee multiple attorneys and

regularly evaluate billing statements before they are sent to clients. The 

billing invoice attached to this declaration as Exhibit 2 is an accurate 

reflection of the necessary and reasonable time spent on this case, given its 

complexity and importance (in addition to the costs incurred litigating this 

case). It also shows consideration for time entries that would not be billed to 

our hourly clients in the course of our usual practice.

13. The expenses included in the billing invoice were also necessary to the

resolution of this case and only capture the trips to Lubbock, Texas for the 

preliminary injunction hearing and mediation. 

129

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14. Additionally, I have reviewed the billing of the other attorneys on this

case, and believe the work itself as described is consistent with what would be 

reasonable and necessary in the respective positions in which these attorneys 

were handling the legal needs of our clients. 

15. The plaintiffs here were fortunate to obtain the services of the team

that was assembled for this case. Given the subject matter at issue, “big law” 

firms would not represent the plaintiffs here (who certainly could not afford 

attorneys of this quality if they had to pay by the hour anyway). And to be 

sure, the rates being sought are much lower than the quality provided. 

____________________________________ 

Dated: January 19, 2024 John C. Sullivan

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EXHIBIT 1

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JOHN C. SULLIVAN

610 Uptown Blvd., Ste. 2000 | Cedar Hill, TX 75104 

(469) 523-1351 | john.sullivan@the-sl-lawfirm.com

PROFESSIONAL EXPERIENCE 

S|L LAW PLLC, CEDAR HILL, TX 2021–present

Principal 

Representing multiple putative classes addressing religious accommodations from COVID-19 vaccine mandates, including in

Sambrano v. United Airlines, 2022 WL 486610 (5th Cir. Feb. 17, 2022); managing defense of nationwide class action for client. 

MORGAN, LEWIS & BOCKIUS LLP, DALLAS, TX 2019–2021

Of Counsel 

Represented multiple defendants in class action cases and appeals, including Plumley v. Sempra Energy, 847 F. App’x 426 

(9th Cir. 2021). 

OFFICE OF THE ATTORNEY GENERAL OF TEXAS, AUSTIN, TX 2017-2019

Assistant Solicitor General 

Represented State as lead counsel in both the U.S. Court of Appeals for the Fifth Circuit and the Supreme Court of Texas. 

MORGAN, LEWIS & BOCKIUS LLP, DALLAS, TX 2013–2017

Appellate Associate 

Served as counsel and drafted party briefs at both the certiorari and merits stage in four Supreme Court cases. 

THE HONORABLE EDITH H. JONES, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, HOUSTON, TX 2012–2013 

Judicial Clerk 

BLACKSTONE LEGAL FELLOWSHIP, PHOENIX, AZ 2010-2011

Legal Fellow and Research Assistant for Alliance Defending Freedom

CHEROKEE NATION WASHINGTON OFFICE, WASHINGTON, DC 2009

Volunteer Legislative Assistant

THE HONORABLE JIM R. WRIGHT, TEXAS COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, EASTLAND, TX 2008

Judicial Intern

EDUCATION

UNIVERSITY OF NOTRE DAME, SOUTH BEND, IN 2012

J.D. summa cum laude

Honors: Farabaugh Prize for High Scholarship in Law (top three in graduating class); Top Student—Program of Study 

 in Law, Ethics, & Public Policy; Dean’s Award (multiple classes) 

Activities: Notre Dame Law Review, Executive Editor (Deputy Editor-in-Chief); The Federalist Society, Public Relations 

 Chair; Married Law Students Association, President; Teaching Assistant, Torts and Civil Procedure

HARDIN-SIMMONS UNIVERSITY, ABILENE, TX 2009

B.A., Philosophy

BIOLA UNIVERSITY, LOS ANGELES, CA 2006

M.A., Apologetics: Philosophy & Bioethics, High Honors

SOUTHWESTERN ASSEMBLIES OF GOD UNIVERSITY, WAXAHACHIE, TX 2000

B.S., Pastoral Ministries

PROFESSIONAL MEMBERSHIPS

Texas State Bar; District of Columbia Bar

 Admitted to: Supreme Court of the United States

 United States Courts of Appeals: D.C., First, Second, Third, Fourth, Fifth, Sixth, Ninth, Eleventh, and Federal Circuits 

 United States District Courts: Northern, Southern, Eastern, and Western Districts of Texas; Eastern District - Michigan

General Council of the Assemblies of God, Ordained Minister

The Federalist Society, Dallas Lawyers Chapter, President Emeritus

Claremont Institute, John Marshall Fellow

PUBLICATIONS 

Article, Statutory Interpretation in the U.S. Supreme Court, Co-Authored with Allyson N. Ho, THE ADVOCATE 29 (Summer 2015).

Article, Litigating the Constitution—Update on Establishment Clause Cases, Co-Authored with Allyson N. Ho, 2014 Bill of Rights 

Course for the State Bar of Texas (presented paper at CLE course).

Note, Considering the Constitutionality of Nonstate Intervenors in Original Jurisdiction Actions, 86 NOTRE DAME L. REV. 2219 (2011). 

132

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EXHIBIT 2

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Case 6:22-cv-00049-H Document 157 Filed 01/22/24 Page 133 of 153 PageID 3153
	

 
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EXHIBIT F

140

Case 6:22-cv-00049-H Document 157 Filed 01/22/24 Page 140 of 153 PageID 3160
UNITED STATES DISTRICT COURT FOR 

THE NORTHERN DISTRICT OF TEXAS 

SAN ANGELO DIVISION

LUKE CHRISMAN,

Plaintiffs, 

v.

LLOYD J. AUSTIN, III, in his official 

capacity as United States Secretary of Defense, 

et al, 

Defendants. 

 Case No. 6:22-cv-00049-H

DECLARATION OF ROBERT SCHELSKE

I, Robert Schelske, do hereby declare as follows: 

1. I am over the age of 18 years, have personal knowledge of the matters set forth in 

this Declaration and if called upon to testify to them, I would and could do so competently. 

2. Prior to filing this lawsuit, I attempted to obtain representation from several outside

counsel. There were no attorneys in the San Angelo or Lubbock, Texas areas willing or able to 

take on this representation. I broadened my search to North Texas but was unable to locate any 

counsel willing to take my case. 

3. Unable to find Texas counsel willing to accept the case, I then broadened my 

search nationally to include attorneys outside Texas and I contacted Liberty Counsel in Florida. 

I received a response from a paralegal with that law firm explaining that they were unable to 

take the case. 

4. It appeared that there was no attorney that would take my case due to the 

constitutional and federal violations of the Religious Freedom Restoration Act (RFRA). 

5. I knew enough to know that I needed an attorney with extensive litigation 

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experience and expertise in military and constitutional law. This was extremely difficult to 

find, and I felt like I was running out of options as the Army was quickly moving towards 

discharging me and ending my career. 

6. I do not remember the exact date, but think it was late summer 2022, when I was

informed that the law firm Siri & Glimstad LLP might be willing to represent Army soldiers 

who were facing separation after being denied their request for religious accommodation. 

7. I immediately reached out to them because I was facing imminent separation from 

the Army and my religious accommodation appeal had already been denied. After reviewing 

their website and their cases, I knew that Siri & Glimstad had the expertise to handle my case. 

I later learned that they were working with Mr. Wiest and Mr. Bruns, who also had extensive 

experience in the field of religious freedom cases and federal litigation. 

8. When no one else (in Texas or otherwise) was willing to accept the case on behalf 

of myself and my fellow soldiers in this matter, I am thankful that they took my case. The 

Court’s decision on the preliminary injunction gave me and the other plaintiffs the irrevocable 

relief to continue our military careers. 

Pursuant to 28 U.S.C. §1746, I declare under penalties of perjury under the laws of the United 

States of America that the foregoing Declaration is true and correct to the best of my knowledge 

and belief and that such facts are made based on my personal knowledge. 

Executed on January 8, 2024. ____________________________

 Robert Schelske

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EXHIBIT G

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LUKE CHRISMAN, 

V. 

UNITED STATES DISTRICT COURT FOR 

THE NORTHERN DISTRICT OF TEXAS 

SAN ANGELO DMSION 

Plaintiffs, 

Case No. 6:22-cv-00049-H 

LLOYD J. AUSTIN, III, in his official 

capacity as United States Secretary of Defense, 

et al, 

Defendants. 

DECLARATION OF LUKE CHRISMAN 

I, Luke Chrisman, do hereby declare as follows: 

1. I am over the age of 18 years, have personal knowledge of the matters set forth in 

this Declaration and if called upon to testify to them, I would and could do so competently. 

2. Prior to my discharge from the Army, I did not receive any legal representation or 

assistance with my religious accommodation request, nor my involuntary administrative discharge 

proceedings. After my discharge, my father and I contacted Liberty Counsel for assistance with 

my post-discharge case. However, Liberty Counsel immediately referred me to the law firm Siri 

& Glimstad due to their expertise in military and constitutional law. I was unable to locate any 

attorneys in the Northern District of Texas, specifically Lubbock or San Angelo, who were willing 

to take my case. 

3. My father and I immediately reached out to Siri & Glimstad by email after 

reviewing their website. Based on my research, I knew that Siri & Glimstad had the expertise 

to handle my case. I later learned that they were working with Mr. Wiest and Mr. Bruns, who 

also had extensive experience in the field of religious freedom cases and federal litigation. I 

I 

144

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knew I was in good hands. 

4. Looking back now, I know that I would not have found another firm or attorney 

who would have been able, or willing to represent me in such a specialized area of the law. 

Without them, I know that I would not have received the relief that I received, nor the possibility 

to reenter military service with a clean personnel record. 

Pursuant to 28 U.S.C. § 1746, I declare under penalties of perjury under the laws of the United 

States of America that the foregoing Declaration is true and correct to the best of my knowledge 

and belief and that such facts are made based on my personal knowledge. 

Executed on January 5, 2024. 

Luke Chrisman 

2 

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EXHIBIT H

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EXHIBIT 2

Case 7:16-cv-00108-O Document 224-2 Filed 12/23/22 Page 1 of 7 PageID 5383

147

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1

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF TEXAS

WICHITA FALLS DIVISION

FRANCISCAN ALLIANCE, INC., et al.,

Plaintiffs,

v.

XAVIER BECERRA, et al.,

Defendants.

No. 7:16-CV-00108-O

DECLARATION OF

GENE C. SCHAERR 

1. My name is Gene Schaerr. I am over the age of 18 and have personal knowledge

of the contents of this declaration. 

2. I am a Partner with the law firm of Schaerr Jaffe LLP, which is based in Washington, D.C.

3. Before that, I was a Partner with the law firm of Winston & Strawn, LLP,

where I founded the Appellate and Critical Motions Practice Group in the firm’s 

Washington, D.C. office. I was the chair of the firm’s nationwide appellate practice 

from 2005 to 2014, during which time the practice group received numerous professional recognitions. 

4. Before my time at Winston & Strawn, I was a Partner with the law firm of

Sidley Austin, where I was a coordinator of the firm’s appellate practice and the CoChair of the firm’s Religious Institutions Practice Group for approximately ten years. 

5. I began my law practice in 1987 following clerkships on the United States Supreme Court for Chief Justice Warren Burger and Justice Antonin Scalia, and on the 

U.S. Court of Appeals for the D.C. Circuit for then-judge Kenneth Starr.

6. During of my career, I have become an expert in the areas of constitutional law

and religious freedom at both the trial and appellate levels. I have argued seven cases 

Case 7:16-cv-00108-O Document 224-2 Filed 12/23/22 Page 2 of 7 PageID 5384

148

Case 6:22-cv-00049-H Document 157 Filed 01/22/24 Page 148 of 153 PageID 3168
2

before the Supreme Court and have been counsel of record in over 100 cases at the 

Supreme Court.

7. Given my experience, I have become familiar with the billing rates for attorneys at my firm and other firms with federal trial and appellate litigation expertise.

8. I am also familiar with the billing rates charged by expert attorneys that practice constitutional law at the trial and appellate levels.

9. As part of my experience as a litigator in constitutional and civil-rights cases,

I have become familiar with the work of the Becket Fund for Religious Liberty. I have 

worked with them directly as co-counsel on cases at the Supreme Court and federal 

courts of appeals and have also filed amicus briefs in federal appellate cases where 

they have been counsel of record.

10.Becket Fund attorneys are well-known as expert religious liberty litigators at 

the United States Supreme Court. In my estimation, they are the best law firm in the 

nation specialized in religious liberty litigation. Over the last decade, they have prevailed in eight merits cases at the Supreme Court on behalf of clients from a wide 

variety of religious traditions.

11.The Becket Fund has also achieved significant success in federal appellate 

courts and state supreme courts. In 2021 and 2022 alone, the Becket Fund secured

precedent-setting victories in religious liberty cases at the Fifth Circuit, Seventh Circuit (twice), Eighth Circuit (thrice), Ninth Circuit (twice), the Indiana Supreme 

Court, and the Texas Supreme Court.

12.For its successful advocacy at appellate courts across the nation, the Becket 

Fund was recognized by the National Law Journal as a 2020 member of the “Appellate Hot List.” The Becket Fund is the first non-profit law firm ever chosen for this 

list.

13. I understand that the Becket Fund was retained to assist with this case, which 

involved challenges under the Religious Freedom Restoration Act (RFRA) and 

Case 7:16-cv-00108-O Document 224-2 Filed 12/23/22 Page 3 of 7 PageID 5385

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3

Administrative Procedure Act to HHS’s application of the Affordable Care Act to require religious doctors and hospitals to perform or insure gender-transition procedures and abortions contrary to their conscience and medical judgment. This matter 

bears close resemblance to the widespread RFRA challenges to HHS’s contraception 

mandate beginning in 2011, which applied the Affordable Care Act to require religious employers to provide insurance coverage of all forms of contraception, including 

those that could cause an abortion. 

14.Becket was the leading law firm in the country challenging HHS’s contraception mandate under RFRA—bringing the first case challenging the mandate, Complaint, Belmont Abbey College v. HHS, No. 11-CV-1989, ECF No. 1 (D.D.C. Nov. 10, 

2011) 2011 WL 8997549; bringing the first class action challenging the mandate, 

Complaint, LSP v. HHS, No. 13-CV-2611, ECF No. 1 (D. Colo. Sept. 24, 2013) 2013 

WL 5331098; winning the first Supreme Court order blocking the mandate, Little 

Sisters of the Poor Home for the Aged, Denver, Colorado v. Sebelius, 134 S. Ct. 893 

(2013) (Dec. 31, 2013); winning the first Supreme Court case on the merits challenging the mandate, Burwell v. Hobby Lobby Stores, Inc., 573 U.S. 682 (2014); winning 

the first Supreme Court order blocking the mandate for non-profit employers after 

Hobby Lobby, Wheaton College v. Burwell, 573 U.S. 958 (2014); winning the first Supreme Court merits ruling blocking the mandate for non-profit employers, Zubik v. 

Burwell, 578 U.S. 403 (2016); winning injunctions against HHS in at least eight cases 

across the country, HHS Information Central, Becket, https://perma.cc/7YQE-HMBJ;

and winning the first Supreme Court case establishing that HHS could grant a religious exemption from mandate, Little Sisters of the Poor Saints Peter & Paul Home 

v. Pennsylvania, 140 S. Ct. 2367 (2020). It is safe to say that no other law firm in the 

country has as much experience and success litigating against HHS under RFRA as 

Becket. And that experience would be extraordinarily valuable in a case like this one. 

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15.Additionally, based on my experience at international law firms, and given the 

controversial subject matter of this case, it would be incredibly difficult to bring in 

experienced counsel necessary to litigate a novel and complex case like this one. Most 

firms with the requisite experience would be either unable or unwilling to file and 

prosecute this lawsuit.

16. I have reviewed the billing rates sought by the Becket Fund attorneys in the 

above-captioned matter in support of Plaintiffs’ fee petition. Based on my experience 

in this area of the law, it is my opinion that the rates the Becket Fund proposes for 

its attorneys are reasonable for the D.C. area.

17. Indeed, the Becket Fund’s proposed billing rates are lower than the rates my 

firm and other firms at which I have worked would charge their clients for attorneys 

of comparable seniority and expertise on a similar matter.

18.They are also lower than rates charged by comparable practitioners. Thomas 

Goldstein of Goldstein & Russell, P.C., sought fees in 2018 based on a rate of 

$1,350/hour, in a case litigated in another district court in Texas. Decl. of Eric F. 

Citron, Torres v. SGE Management LLC, No. 09-CV-2056, ECF No. 295-1 at 7 (S.D. 

Tex. Aug. 31, 2018). A declaration submitted in support of that rate explained that 

other Supreme Court practitioners such as Ted Olson and Christopher Landau 

charged $1,800/hour and $1,495/hour, respectively. Id.

19.Other large law firm practitioners charge similar rates, including between 

$1,085-$1,895/hour for law firm partners and between $625-$1,195/hour for associates. See Decl. of Erin E. Murphy in Supp. of Debtors’ App. for the Retention and 

Employment of Kirkland & Ellis LLP, In re: Nat’l Rifle Assoc. of Am. and Sea Girt 

LLC, No. 21-30085, ECF No. 173-2 at 4 (Bankr. N.D. Tex. Feb. 17, 2021).

20. I understand that the rates the Becket Fund is proposing for its senior litigators on this case are as follows:

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2016 Rate 2017 Rate 2018 Rate 2019 Rate 2020 Rate 2021 Rate 2022 Rate

Daniel 

Chen 

(’16)

N/A N/A N/A N/A $600/hour $700/hour $700/hour

Diana 

Thomson

(’09)

$790/hour $790/hour N/A N/A N/A N/A N/A

Joseph 

Davis

(’14)

N/A N/A N/A $700/hour $700/hour $790/hour $790/hour

Lori 

Windham

(’05)

$860/hour $860/hour N/A N/A N/A N/A N/A

Luke 

Goodrich

(’04)

$860/hour $860/hour $1,000/

hour

$1,000/

hour

$1,000/

hour

$1,000/

Hour

$1,000/

hour

Mark 

Rienzi 

(’00)

$1,000/

hour

$1,000/

hour

$1,000/

hour

$1,200/

hour

$1,200/

hour

$1,200/

Hour

N/A

Stephanie 

Barclay 

(’11)

$700/hour $700/hour N/A N/A N/A N/A N/A

Chase 

Harrington 

(’17)

N/A N/A $550/hour $550/hour N/A N/A N/A

Daniel 

Benson 

(’15)

$550/hour $550/hour N/A N/A N/A N/A N/A

Jacob 

Coate 

(’16)

N/A N/A N/A N/A $600/hour N/A N/A

Rachel 

Busick 

(’15)

$550/hour $550/hour N/A N/A N/A N/A N/A

Paralegals $210/hour $210/hour $210/hour $210/hour $210/hour $210/hour $210/hour

In light of the religious liberty expertise that these lawyers brought to the task, 

the market rates for experts in this area of the law more broadly, the difficulty of 

retaining comparable counsel in a case like this one, and the degree of success obtained for the Becket Fund’s clients, these rates are reasonable.

I declare under penalty of perjury that the foregoing is true and correct. 

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Dated: December 22, 2022 _________________________________ 

Gene C. Schaerr

Schaerr Jaffe LLP

1717 K Street NW, Suite 900

Washington, D.C. 20006

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