State Officials' Motion to File an Out of Time Bill of Costs

    THE ATTORNEY GENERAL 
OF TEXAS 

October 16, 1990 
JIM MATTOX 

ATTORNEY GENERAL 

VIA FEDERAL EXPRESS 
Gilbert Ganucheau, Clerk 
Fifth Circuit 

600 Camp Street 
New Orleans, Louisiana 70130 

  

Re: LULAC v. Mattox, No. 90-8014 

Dear Mr. Ganucheau: 

Enclosed for filing in the above-referenced matter are the 
original and three copies of the State Officials’ Motion to File Out of 
Time Bill of Costs. 

Sincerely, 

Ova Pech, 
rene Assistant Attorney General 

P.O. Box 12548, Capitol Station 
Austin, Texas 78711-2548 

(512) 463-2085 

Encl. 

CC: Counsel of Record 

512/463=2100 SUPREME COURT BUILDING AUSTIN, TEXAS 78711-2548  



  

UNITED STATES COURT OF APPEALS 
FIFTH CIRCUIT 

LEAGUE OF UNITED LATIN 
AMERICAN CITIZENS, et al., 

Plaintiffs-Appellees, 

VS. No. 90-8014 

JIM MATTOX, et al., 
Defendants-Appellants. Co

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STATE OFFICIALS' MOTION TO FILE AN OUT OF TIME BILL OF COSTS 

The State Officials, through the Attorney General of Texas and on 

behalf of the State of Texas, move the Court to allow the filing of an out of 

time bill of costs on the following grounds: 

i, The deadline for filing a bill of costs following the en banc 

opinion was Friday, October 12, 1990. 

2: A bill of costs form does not appear to have been attached to the 

en banc opinion received by the State Officials. The form's absence resulted 

in the fourteen days not being calculated by counsel for the State Officials 

and in the consequent failure to timely file a bill of costs which includes the 

cost of reproducing the supplemental brief not previously submitted. 

3. The State Officials timely filed a bill of costs after the panel 

opinion; a copy of the transmittal letter and the bill of costs is attached as 

Exhibit A. 

4. The second bill of costs, attached as Exhibit B, only adds to the 

earlier bill of costs the costs allowed under Rule 39 of the Federal Rules of 

Appellate Procedure for producing the necessary copies of the State 

Officials’ en banc supplemental brief. 

 



  

5. Equitable considerations warrant the granting of the motion 

because there is excusable neglect in the failure to timely file an amended 

bill of costs. 

Respectfully submitted, 

JIM MATTOX 
Attorney General of Texas 

MARY F. KELLER 
First Assistant Attorney General 

(Tou, ob, 
RENEA HICKS 
Special Assistant Attorney in 

  

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as {Aru ( hs. £2 %. 1A 

JAVIER GUAJARDO / 
fe Assistant Attorney General 

  

P. O. Box 12548, Capitol Station 
Austin, Texas 78711-2548 
(512) 463-2085 

CERTIFICATE OF SERVICE 

I certify that on this 16th day of October, 1990, I sent a copy of the 
foregoing document by first class, United States mail, postage prepaid, to 
each of the following: William L. Garrett, Garrett, Thompson & Chang, 8300 
Douglas, Suite 800, Dallas, Texas 75225; Rolando Rios, Southwest Voter 
Registration & Educ t, 201 N. St. Mary's, Suite 521, San Antonio, 
Texas 78205; NAACP Legal Defense and Educational Fund,    

  

Inc., 99 Hudson Street, 16th Floor, New York, New York 10013; Gabrielle K. 
McDonald, 301 Congress Avenue, Suite 2050, Austin, Texas 78701; Edward 
B. Cloutman, III, Mullinax, Wells, Baab & Cloutman, P.C., 3301 Elm Street, 
Dallas, Texas 75226-1637; J. Eugene Clements, Porter & Clements, 700 
Louisiana, Suite 3500, Houston, Texas 77002-2730; Robert H. Mow, Jr., 
Hughes & Luce, 2800 Momentum Place, 1717 Main Street, Dallas, Texas 

 



  

75201; John L. Hill, Jr., Liddell, Sapp, Zivley, Hill & LaBoon, 3300 Texas 
Commerce Tower, Houston, Texas 77002; Walter L. Irvin, 5787 South 
Hampton Road, Suite 210, Lock Box 122, Dallas, Texas 75232-2255; James 
George, Jr., Graves, Dougherty, Hearon & Moody, P.O. Box 98, Austin, Texas 
78767; Paul Strohl, 100 Founders Square, 900 Jackson Street, Dallas, Texas 
75202; Seagal V. Wheatley, Oppenheimer, Rosenberg, Kelleher & Wheatley, 
Inc., 711 Navarro, Sixth Floor, San Antonio, Texas 78205; and Jose Garza, 
MALDEF, 140 East Houston, Suite 300, San Antonio, Texas 78205. 

Clore tle 
  

Reneéa Hicks 

 



  

EXHIBIT A 

 



    
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ATTORNEY GENERAL 

May 23, 1990 

Gilbert F. Ganucheau, Clerk 
Fifth Circuit Court of Appeals 
600 Camp Street, Room 102 
New Orleans, Louisiana 70130 

Re: LULAC vu. Clements 

Dear Mr. Ganucheau: 

Attached is a copy of the bill of costs that I placed in the U. S. mail 
earlier today. 1 am sending you the copy by Federal Express because I am 
concerned that you may not receive the original within the deadline. Thank 
you. 

Sincerely, 

— j 

Renea Hicks it 
Special Assistant Attorney General 

P.O. Box 12548, Capitol Station 
Austin, Texas 78711-2548 
(512) 463-2085 

RH:dr 
Enclosure 

SI NBB 210 STUIPIRENME CITT BBUNILIDING: AUSTIN, TEXAS T8T7I11=-205048 

 



UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT 

BILL OF COSTS 

NOTE: The Bill of Costs is due for filing in this office within 14 days from the date of the opinion, in accordance with 
Rule 39 F.R.A.P. If a bill of costs is not timely filed in this office, processing can be accomplished only by the filing of 
a formal motion for leave to file same out of time. 

LULAC .. Clements Ne. (90-8014 =   

The Clerk is requested to tax the following costs against: __ Plaintiffs and Plaintiff- Intervenors 
  

  

COSTS TAXABLE UNDER FRAP & 
ALLOWED LLOCAL. RULES 39 REQUESTED (If different from amount requested) 

  

No. of Pages per 

Documents Document 

Docket fee ($100.00) —__—— $100.00 ___— 4 

No. of Copies Pages Per Copy Cost per Page* Total Cost Cost per Page* Total Cost 
  

  

  

  

  

Appendix or Record Excerpts 175 437.50 

  

Appellant's Brief ; | ; : 210.00 
  

Appellee’s Brief 

  

Appellant's Reply Brief 

  

Other:                 

  

    Total § Costs are taxed in the amount of $       

  

Costs are hereby taxed in the amount of $ Is. day of   

  

  

GILBERT F. GANUCHEAU, Clerk 

State of 

County of TRAVIS : By   

  

Deputy Clerk 

i Renea Hicks . do hereby swear under penalty of perjury that the services for which fees have been charged 
were incurred in this action and that the services for which fees have been charged were actually and necessarily performed. A copy of this Bill of Costs 
was this day mailed to opposing counsel, with postage fully prepaid thereon. This__ 23rd pie 19.0, 90 ==   

  

  

e) 
*SEE REVERSE SIDE FOR LOCAL & FRAP RULES 5 ; Defendant State officials & The State of Texas 
CONVENES YANA CIO) (00 40  



  

EXHIBIT B 

 



UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT 

  

BILL OF COSTS 

NOTE: The Bill of Costs is due for filing in this office within 14 days from the date of the opinion, in accordance with 
Rule 39 F.R.A.P. If a bill of costs is not timely filed in this office, processing can be accomplished only by the filing of 
a formal motion for leave to file same out of time. 

LULAC . MATTOX ALD ~50/4 
  

  

  

  

  

  

  

  

The Clerk is requested to tax the following costs against: Plaintiffs and Plaintiff-Interyenors 

COSTS TAXABLE UNDER FRAP & ALLOWED 
» LOCAL RULES 39 REQUESTED (If different from amount requested) 

No. of Copies Pages Per Copy Cost per Page* Total Cost Oe ovat | ages bel Cost per Page* Total Cost 

- — ~~ - > CL 

Docket fee ($100.00) _ —_— __ —_____— _—_—_—" 0 | $100.00 =_____ = 
Appendix or Record Excerpts 10 175 25 437.50 

Appellant's Brief 15 56 25 210.00 
  

Appellee’s Brief 

  

                  

  
          

  
  

  
  

    

  

  

Appellant's Reply Brief 15 16 25 60.00 

Other: 

Supplemental Brief 15 22 ren 82.50 

Total $ $890 .00 Costs are taxed in the amount of $ 

Costs are hereby taxed in the amount of $ this day of , 198 
GILBERT F. GANUCHEAU, Clerk 

State of 

County of _ TRAVIS iy, TEE By. 
Deputy Clerk 

l, RENEA HICKS , do hereby swear under penalty of perjury that the services for which fees have been charged 
were incurred in this action and that the services for which fees have been charged were actually and necessarily performed. A copy of this Bill of Costs 

3 2 was this day mailed to opposing counsel, with postage fully prepaid thereon. This___16th day of __October fs 19°20 

EH Cs oh % hf 

A . wo 
so Be es (Signature) N\ ~~ 

y *SEE REVERSE SIDE FO : 2 
a: SEE REVERSE SIDE FOR LOCAL & FRAP RULES Attorney for Defendant State Officials & the State of Texas