Correspondence from Guinier to Kellogg; Statements of Time of Lani Guinier; of Armand Derfner; of Janice McCaughan

    NAACP LEGAL DEFENSE AND EDUCATIONAL FUND, INC. 

efense und 99 Hudson Street, New York, N.Y. 10013¢ (212) 219-1900 

February 16, 1984 

James R. Kellogg, Esq. 
Quigley & Scheckman 
631 St. Charles Avenue 
New Orleans, Louisiana 70130 

Dear Jim: 

Enclosed is my statement of hours, the hours for 
our law student, and the statement of expenses 
paid by LDF. Please note that I did not include 
a total of $10,051.46 in expenses and $575.00 in 
fees that LDF advanced you during th course of 
these proceedings. Pursuant to the cooperating 
attorney agreement which you signed and which we 
reviewed by telephone last week, you, Bill and 
Steve will reimburse LDF these amounts ($10,051.46 
plus $575.00) off the top of any fees awarded to 
you. 

Please call if I have omitted any relevant informa- 

tion. 

Sincerely, 

Ana 
Lani Guinier 

LG/x 
Enclosures 

P.S. Also included is a statement of hours for Armand Derfner. 
I consulted him periodically during the proceeding. He 
is one of "the" preeminent Voting Rights experts and has 
been in practice 20 years. If there is a problem includ- 
ing his time let me know. 

L.G. 

Contributions are deductible for U.S. income tax purposes 

The NAACP LEGAL DEFENSE & EDUCATIONAL FUND is not part of the National Association for the Advancement of Colored People although it 
was founded by it and shares its commitment to equal rights. LDF has had for over 25 years a separate Board, program, staff, office and budget.  



    

MAJOR v. TREEN 
  

STATEMENT OF TIME 
OF 

C. LANI GUINIER   

Services Rendered 
  

Initial Conference with Halpin, Kellogg and Quigley in 
New Orleans. 

Met again with Quigley and Kellogg 

Conference call with Napoleon Williams and Kellogg 

Telephone conversation with Kellogg 

Conversation with Quigley 

Conversations with Quigley and Kwan 

Travelled to DC to meet with Robert Kwan, U.S. Dept. of 
Justice, to review file of Louisiana Congressional sub- 
mission to see State's Response to Request for more 
information 

Met with attorneys from Davis, Polk re research for brief 
on applicability of §2, legislative history and standards 
of new Act 
Met with Kellogg, Quigley and Scheckman 
Met with Kellogg, Quigley and Scheckman to discuss litiga- 
tion strategy re: Nov. election as/as necessity for hiring 
expert, etc. 

Called Kellogg; also talked to Bernie Grofman re our proof 

Met with Davis,Polk re: research/brief on §2 as amended 

Prepared amended complaint and discussed depositions with 
Department of Justice staff 
Conference with co-counsel 
Researched law of executive privilege to anticipate 
M/Quash Subpoena on Reynolds, Kwan, Jones and Hebert; 
FOIA request, Convinced Kellogg to depose legislators    



    

Services Performed 
  

Spoke to DC clerk re: subpoena 

Spoke to Kellogg re: depositions 

Telephone conversations with Iowell & Armand 
re: DOJ response to Notice of Depositions; 
conversations with staff lawyer re: DOJ offer; 
conversation with Kellogg re: depositions 

Spoke to Quigley, Hebert. 

Reviewed DOJ file on Congressional Submission 

Reviewed DOJ file on Congressional Submission 
pursuant to agreement not to enforce subpoena 

Researched law for enforcement of subpoena of 
non-party deponent & questions of evidence for 
Motion in Limine 

Spoke for 1 hour to Armand Derfner on telephone 
re: Motion in Limine; also consulted Nabrit, 
Schnapper & Kellogg 

Research & drafted Motion in Limine & Brief and 
Offer of Proof 

Researched law on Motion in Limine & began drafting 
brief to exclude evidence of Justice preclearance 

Drafted brief and affidavit after reviewing infor- 
mation received from Justice; edited and mailed 
to Louisiana for filing 

Drafted Supplemental Affidavit; consulted Nabrit, 
Iowell & Ron Ellis; mailed Federal Express to 
Kellogg for filing 

Telephone call with Stan Halpin re: strategy and 
funding of his court time; also spoke to Kellogg 
re: expert testimony; organized files in preparation 
for trial 

Organized files for trial; reviewed documents 

Preparation for argument in Motion in Limine; 
researched law in response to defendant's Motion 
to Disqualify    



Services Performed 
  

Researched law re: Def's Motion to Disqualify; 
conferred with Iowell & Clyde re: strategy; 
travelled to New Orleans; conferred w/Kellogg 
and prepared for argument 

Argued Motion in Limine; conferred with Kellogg, 
Quigley & Halpin at breakfast and that after- 
noon; called DCJ and arranged to have documents 
authenticated; prepared the documents 

Attended pre-trial conference; interviewed Logsden 
Cassimere and Engstrom (expert witnesses); talked 
with Henderson re: deposition 

Attended deposition of Henderson; conferred with 
Halpin and Kellogg re: trial strategy in view 
of ruling on Motion in Limine; travelled back to 
New York arrived home at 11:30 P.M., because flight 
cancelled 

Re-organized files; wrote to DOJ re: authenticating 
documents and attached 19 exhibits 

Discussed conclusions of law with Kellogg for pre- 
trial brief 

Reviewed Dave Treen's deposition 

Discussion with Jim Kellogg in preparation to defend 
depositions of 3 experts 

Forty-five minute telephone call w/ Engstrom and 
Kellogg to prepare for Engstrom's deposition, 8 hours 
researching and drafting Proposed Conclusions of Law 

Drafted and edited Proposed Conclusions of Law; dis- 
cussed findings of fact with Kellogg and sent him 
my comments 

Redrafted Conclusions of Law after discussing them 
with Kellogg; also drafted on 2/23/83 Motion to 
enroll as attorney; discussed Clehardy's deposition 

Shipped files to New Orleans in preparation for trial; 
reviewed and collected cases 

Trial preparation; completed Conclusions of Law 

Travelled to New Orleans; met with co-counsel; divided up 
trial assignments        



    

Services Performed 
  

Met with expert witnesses; prepared direct exam 

Travelled to Baton Rouge to meet Turnley (6 hour 
trip and meeting); met with Engstrom; worked with 
Kellogg on opening; reviewed exhibits 

Drafted Trial Memorandum 

Finished drafting memo; met with Cassimere and 
prepared direct examination 

Trial in court from 9 - 7:00; prepared direct exam 
from 8 - 1:00 AM 

In court from 9 A.M. until 6:30 P.M.; prepared cross 
of defendant Treen 

In court from 9 A.M. until 1:00; preparation of cross 
from 2 P.M., until 2 A.M. 

In court from 9 A.M., wmtil 10:30 P.M, 

Conferred with co-counsel re: post-trial briefing; 
packed and shipped files back to New York; arrived 

home at 10:30 p.m. 
Conference Derfner 
Conferred with Kellogg re: budget and expenses; 
drafted memo to Jack Greenberg re: new budget 

Reviewed requests for payment and requisitioned expense 
money for Gordon, Shirley Lasker and Kellogg 

Draft Post-trial findings 

Reviewed transcript; summarized 

Drafted post-trial findings 

Post trial findings; conferred with Halpin 

(co—counsel) 

Edited findings (draft I) 

Rewrote findings 

Findings of fact post-trial 

Conferred with co—counsel in New Orleans; 

reviewed exhibits 

Reviewed exhibits and draft findings with co—-counsel    



    

Services Performed 
  

Met with Kellogg from 9:30 - 12:30 A.M., re: 
findings 

Ieft New Orleans at 9:45 A.M.; arrived home at 

4:30 P.M. 

Conferred with Kellogg on phone re: review of 
exhibits 

Began revising post-trial findings 

Worked from 4:30 P.M., until 11:00 P.M., on findings; 
taxi home 

Findings of fact post-trial (6 hrs.). Conversation 
with Halpin re: findings (1 hr.) 

Findings post-trial-proofed 2nd draft; revised, 
researched law; reviewed exhibits (8 hours) talked 
with Kellog (10 min.) and Halpin (20 min.) re: evidence 

Re-wrote findings to incorporate trial exhibits and 
evidence; researched law for proposed conclusions 

Edited findings 

Revised findings 

Edited and proofed findings (9 hours). Researched 
law for Conclusions of Law (3 hours). Ieft work 
at 12:30 A.M., and took cab home 

Wrote Conclusions of Law; proofed and edited findings; 
consulted with Stanley Halpin and Jim Kellogg about 
inserts and transcript references —-- took taxi 
home at 10:00 P.M. 

Final revision of findings 
Researched law for post-trial brief 
Researched law for post-trial brief; reviewed briefs 
filed in other Section 2 cases; drafted first 6 pages 
of Statement of Facts 

Researched law; drafted pages 8-13 of Statement of 
Facts for Trial Brief and Response 

Worked from 10:00 A.M., until Noon and from 7:30 P.M., 
until 9:30 P.M., on brief. Took tax home 

Wrote a draft brief in response to 
defendant's post-trial memorandum    



    29 

Sept .29 

30 

Nov. 21 

Services Performed 
  

Reviewed defendant's memorandum again; continued 
writing plaintiff's post-trial brief 

Post-trial brief; reviewed cases cited by defendants; 
finished drafting Statement of Facts; proofread second 
draft 

Worked from 6:00 P.M., until 2:00 A.M., on post-trial 
brief 

Finished 2nd draft of facts portion of brief; finished 
1st draft of legal argument. Worked until 2:00 A.M. 

Conferred with Armand Derfner about remedy portion of 
brief 

Spoke with Stanley Halpin about remedy portion of 
brief; finished writing 2nd draft; proofread portion 
that was typed 

Reviewed and appended recent 6th Circuit case; proof- 
read brief; prepared it for filing; discussed remedies 
with Jim Kellogg 

Worked on argument for court hearing on 6/29; reviewed 
Supreme (Court case and collected slip opinions at 
request of Politz's law clerk 

Prepared for oral argument on 6/29/83 

Preparation for oral argument on 6/29 

Moot court from 4:00 - 7:30. Prepared before and 
after, reviewing cases cited in brief and supervising 
law student research on incumbency, constitutional 
issues and hearsay 

Researched in office for 4 hours; travelled from 3:30 
- 8:30 P.M., with Napoleon Williams discussing argu- 
ment and strategy; reviewed Supreme Court opinion on 
plane; prepared from 9:00 - 3:00 A.M. 

Prepared from 8:00 A.M. - 11:30 A.M. Moot court 
from 12:00 - 1:00 P.M. In court from 1:15. = 3:30 P.M. 
Travelled from New Orleans to Birmingham - 6:00 - 9:30 P.M. 
Preparation of judgment per order of coutt 
Prepared judgment; proofed 

Telephone conversation with co-counsel re: notice of 
appeal - .2. Research/conversation with Stephen 
Ralston about Supreme Court procedure .4    



Services Performed 
  

Reviewed notice of appeal and motion to intervene .3 
Discussed with Quigley 31 
Discussed with Napoleon Williams .4 

Discussed strategy with Stanley Halpin for 
approaching motion to intervene and notice 
of appeal 
Met with Kellogg re intervention of Bruneau in light 
of defendant's notice of appeal 
Researched law on intervention 

Research on intervention 

Intervention research 

Three hours Sunday writing Response to Intervention 
Seven hours Monday re-writing 

Preparation of attorney fee statement 

       



Major v. Treen 
  

February 16, 1984 

Expenses of NAACP Legal Defense Fund, Inc. 
  

Travel 

Legal Printing and Reproduction 

Court Costs and Transcript 

Expert Witness and Data Analysis 
Cost and Expenses (not including 
fees) 

Telephone 

Mailing 

Total 

$ 5,022.91 

1,235.05 

1,934.38 

7,796.86 

134.70 

126.00 
  

$16,244.90 
  

 



  

    

MAJOR v. TREEN 
  

STATEMENT OF TIME 
CF 

ARMAND DERENER 
  

Services Rendered 
  

Reviewed Section 5 file at Department of Justice 

re: Congressional submission; talked to Lani 

Guinier 

Review of documents 

Legal Research 

Drafting & telephone conference 

Telephone conference 

legal research & telephone - LG 

Telephone - LG 

Review of documents 

T= IC 

legal Research; T - IG 

T=00 

TIC 

T- 1G 

29 Telephone conv; review opinion 

30 Drafting judgment; telephone - IG; Legal Research 

Hourly Rate: $175 (no multiplier)    



  

  

    

Exhibit "A" * 

  

Statement of Time 

of 

JANICE McCAUGHAN 

Services Rendered 
  

Researching for memo - evidence issue of admissibility 

of hearsay statements introduced not for proving their 

truth 

Case table, checking cites 

Researching cases for memorandum and taking notes 

Writing draft of memorandum 

Writing memorandum on hearsay issue 

Finishing memorandum on hearsay issue 

Rechecking memorandum on hearsay issue. Adding cases 

and emphasizing fact patterns 

Researching cases on incumbency protection and 

reapportionment 

Working on memorandum on validity of incumbency 
protection in Congressional apportionment cases 

(voting rights) 

Writing memorandum on incumbency protection - 
voting rights. Turned in. 

Reworking memorandum on incumbency protection 

Reworking memorandum (emphasing other issue) state 
legislative apportionment and standard constitutional 
review under equal protection clause 

Reading latest USSC cases taking notes for argument 
on Wednesday 

Reading latest USSC cases on voting rights and 
compiling notes 

Total