Unopposed Motion for Interim Fees

    ROLANDO L. RIOS 
Attorney At Law 

201 N. ST. MARY'S, SUITE 521 
SAN ANTONIO, TEXAS 78205 

  

512-222-2102 

July 2,.1991 

Honorable Lucius D. Bunton 

200 E, Wall 

Suite 301 

Midland, Texas 79702 

Re: LULAC V THE STATE OF TEXAS 

CA # MO 88-CA-154 

  

Dear Judge Bunton, 

The defendants and the defendant intervenors have agreed to 

not to oppose us on the enclosed motion for an interim fee. 
Accordingly, enclosed is our motion and proposed order. 

Thank you for your cooperation, 

Rolando L. 7. 

Attorney At Law 

RLR/cda 

cc: Counsel of Record 

 



  

BORPY 
IN THE UNITED STATES DISTRICT COURT 
FOR THE WESTERN DISTRICT OF TEXAS 

MIDLAND-ODESSA DIVISION 

LEAGUE OF UNITED LATIN 

AMERICAN CITIZENS (LULAC), 

COUNCIL #4434; LULAC COUNCIL 
#4451; CHRISTINA MORENO; 

AQUILLA WATSON; JOAN ERVIN; 

MATTHEW W. PLUMMER, Sr., JIM 

CONLEY, VOLMA OVERTON, 

WILLARD PEN CONAT, GENE 

COLINS, AL PRICE, THEODORE M, 

HOGROBROOKS, ERNEST M. 

DECKARD, MARY ELLEN HICKS, 

REV. JAMES THOMAS, and LULAC 

(Statewide) 

Plaintiffs, 

HOUSTON LAWYERS' ASSOCIATION, 
ALICE BONNER, WELDON BERRY, 
FRANCIS WILLIAMS, REV, 
WILLIAM LAWSON, DELOYD T,. 
PARKER, BENNIE MCGINTY, JESSE 
OLIVER, FRED TINSLEY, JOAN 
WINN WHITE, and THE TEXAS 
BLACK LEGISLATIVE CAUCUS, 

Plaintiff-Intervenors 

vs. 

CIVIL ACTION # MO-88-CA-154 

THE STATE OF TEXAS 

Defendants 

SHAROLYN WOOD, and 

FF. HAROLD ENTZ, 

Defendant-Intervenors 

UNOPPOSED MOTION FOR INTERIM FEES 

On March 26, 1990, the parties filed with the court an 
agreement on interim fees for the private practioners 
involved in this case representing the plaintiffs. (see 
attachment A). At that time 40% of the agreed interim fees 
was paid. This motion is for the payment of an additional 
20%. 

This case has been ongoing for over three years. It has been 
argued before the fifth circuit twice -- before a panel and 
the court en banc-- and before the United States Supreme 

court. Federal law allows for interim fees to private 
attorneys where they have played a key role in vindicating 
the rights of plaintiffs, as a matter of public policy, in 

 



  

order to prevent cash flow problems for plaintiffs and their 
attorneys and to prevent the danger that defendants " may be 

tempted to seek victory through an economic war of attrition 
against the plaintiffs." Bradley v. School Board of City of 
Richmond, 416 U.S. 696, 723 (1974); James v. Stockham Valves 

§ Fittings Co., 559 FP. 2d. 310, 358-59 (5Ch Cir. 1977). 

Accordingly, an additional 20% interim fee amount is as 
follows: $54,000 for Rolando L. Rios, $45,000 for William L 
Garrett, $17,000 for Gabrielle K. McDonald, $14,044.50 for 
Edward B. Cloutman, $2,250.00 for E. Brice Cunningham, and 

$4,500.00 for Grenda Hull Thompson. 

This motion has been discussed with oppossing counsel for 
Defendants and Defendant Intervenors (Robert Mow and Eugene 

Clements), and there is no opposition to this motion. 

ROLANDO L. RIOS 
ATTORNEY AT LAW 
201 N. ST. MARY'S 
SUITE 521 
SAN ANTONIO, TEXAS 78205 

WILLIAM L. GARRETT 

BRENDA HULL THOMPSON 

GARRETT, & THOMPSON 

ATTORNEYS AT LAW 

A Partnership of 
Professional Corporation 
8300 Douglas, Suite 800 
Dallas, Texas 75225 
214/369-1952 
Attorne yey 8 

A 
ROLANDO L. RIOS 
ATTORNEY FOR PLAINTIFFS 

State Bar No. 1693590 

  

  

I Rolando L. Rios, hereby certify that I have discussed this 

motion for interim fees with counsel for defendants and 

defendant intervenors (Robert Mow and Afugene Clements) and    
   

  

se this motion. 

or 
they have indicated that they do not op 

  

/ 
Rolando L. Rios 

 



  

CERTIFICATE OF SERVICE 

I hereby certify that on this 2nd day of July, 1991, a 

true and correct copy of the foregoing UNOPPOSED MOTION FOR 

INTERIM FEES was mailed to the opposing counsel of record in 

this case by first class, as follows: 

WILL PRYOR J. EUGENE CLEMENTS 

RENEA HICKS JOHN E. O'NEILL 

DAN MORALES EVELYN V. KEYS 

JAVIER GUAJARDO PORTER & CLEMENTS 

Attorney General's Office 700 Louisiana, Suite 3500 

P.O. Box 12548 Houston, Texas 77002-2730 

Austin, Texas 78711 

ROBERT H. MOW, Jr. 

Hughes & Luce 
2800 Momentum Place 
1717 Main Street 
Dallas, Texas 75201 

Old Wes 
  

ROLANDO" L. RIOS 
Attorney for Plaintiffs 

 



   

      

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bk . : 

WESTERN DISTRICT OF TEXAS Mar <0 \Z 18 TWN 

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BY 

LULAC COUNCIL #4434, et al., 8 
DEPUTY 

| Plaintiffs, § 

| 4 
Vs. 

§ Civil Action No. 

§ MO-88-CA-154 

JIM MATTOX, et al., § 

Defendants. § 

JOINT MOTION ON INTERIM ATTORNEYS FEES 

The private attorneys for the plaintiffs, the private attorneys for the 

plaintiff-intervenors from Dallas County and the private attorney for the 

plaintiff-intervenors from Harris County,! and Jim Mattox, the Attorney 

General of Texas on behalf of the State of Texas, submit this Joint Motion on 

Interim Attorney Fees, as follows: 

I. 

The plaintiffs filed this case on July 11, 1988. The case was tried to 

the Court on September 18-22, 1989. On November 8, 1989, this court 

rendered its liability decision and made findings of fact and conclusions of 

law. In the November 8th decision, the court found viola 

in all challenged judicial districts but found no constitutional violations.? 

990, the Court enjoined further primary and general 

tions of Section 2 

On January 2, 1 

elections under the existing electoral system in the targeted counties. It 

ordered implementation on an interim basis of a new system for 115 judicial 

  

A In March, 1989, this court granted intervenor status to two parties as plaintiff- 

intervenors: (a) the Houston Lawyers Association and others based in Harris County: and (b) 

Jesse Oliver, a former state district judge, and others based in Dallas County. 

  * Orders of November 27, 1989, and December 26 and 28, 1989, modified the November 

8th decision, but left its liability determination intact. 

i SL AR A A lk i 

== JATTACHMENT A —    



    

The Fifth Circuit stayed these district elections scheduled for 1990, 

orders. Defendant State Officials filed notices of appeal on January 11, 

1990, and January 12, 1990. The Fifth Circuit expedited the briefing 

schedule on February 1, 1990. 

This case has been in litigation for close to two years and completion 

of the appellate process (through the United States Supreme Court) will 

take at least another two years. 

II. 

Movants recognize that Congress and the United States Supreme 

Court have held that interim awards of attorneys fees are appropriate under 

42 U.S.C. § 1988. See Hanrahan v. Hampton, 446 U.S. 754, 757-58 (1980) 
("It is evident also that congress contemplated the award of fees pendente 

lite in some cases."): Bradley v. School Board of City of Richmond, 416 U.S. 

696, 723 (1974) ("To delay a fee award until the entire litigation is 
concluded would work substantial hardship on plaintiffs and their counsel . . 
.."). The Fifth Circuit in James v. Stockham Valves & Fittings Co., 559 F.2d 

310, 358-59 (5th Cir. 1977) ("James"), held that an award of interim fees is 
appropriate to private attorneys where they have played a key role in 

vindicating the rights of plaintiffs (through a favorable decision on liability 
issues), as a matter of public policy, in order to prevent a cash-flow problem 

for plaintiffs and their attorneys and to prevent the danger that defendants 
‘may be tempted to seek victory through an economic war of attrition 

against the plaintiffs." Id. 

  

December. The next day, the Fifth Circuit extended its stay order to cover this Court's January 11th modification order and denied a LULAC motion to halt the upcoming judicial elections. 

+2. 

 



  

II. 

Recognizing that the private attorneys for the plaintiffs and plaintiff- 

intervenors have achieved a successful judgment on the issue of liability in 

this case, the State of Texas agrees to pay interim attorneys fees to the 

private attorneys for the plaintiffs (William L. Garrett, Rolando L. Rios, and 

Brenda Hull Thompson), to the private attorneys for the Dallas plaintiff- 

intervenors (Edward B. Cloutman and E. Brice Cunningham), and to the 

private attorney for the Houston plaintiff-intervenors (Gabrielle K. 

McDonald) in the following amounts: $108,000.00 for Rolando L. Rios, $ 

90,000.00 for William L. Garrett, $34,000.00 for Gabrielle K. McDonald, 

$28,089.00 for Edward B. Cloutman, $4,500.00 for E. Brice Cunningham, 

and $9,000.00 for Brenda Hull Thompson. Therefore, under this motion, 

the total interim attorneys fee award is $273,589.00. 

This agreement does not include costs and expenses. Moreover, the 

figures quoted in the above paragraph constitute 40% of the total attorneys 

fees sought by the private attorneys through the trial of this case in 

September 1989. The parties to this agreement also recognize that in the 

event that the plaintiffs and plaintiff-intervenors are successful on appeal the 

"amount [paid] will of course be subtracted from the sum finally awarded for 

attorneys’ fees for the full course of the litigation." James, 559 F.2d at 359. 

IV. 

Nothing in this motion shall in any way prevent the State of Texas 

from challenging the prevailing party status of the plaintiffs or the plaintiff- 

intervenors under Hensley v. Eckerhart, 461 U.S. 424 (1983), and its 

progeny in the event of an adverse order at the conclusion of the appellate 

stage of this litigation. Nothing in this motion shall in any way prevent the 

State of Texas from challenging the reasonableness of the total hours or 

‘3 

  

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A
 

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hourly rate of the plaintiffs or the Plaintiff-intervenors under Johnson wv, Georgia Highway Express, Inc., 488 F.2d 714 (1974), and its progeny. 
Nothing in this motion shall in any way prevent the State of Texas from 
instituting collection Proceedings for the amounts Paid in the event the 
plaintiffs and Plaintiff-intervenors are not successful at the conclusion of the 
appellate stage of this litigation. 

On the other hand, nothing in this motion shall in any way prevent the 
attorneys for the plaintiffs or the attorneys for the plaintiff-intervenors from 
modifying their request for further attorneys fees, as allowed by law, in the 
event of success at the conclusion of the appellate stage of this litigation. 
Also, nothing in this motion shall in any way prevent the attorneys for Texas 
Rural Legal Aid or the National Association for the Advancement of Colored 
People from seeking attorneys fees, costs, and expenses as allowed by law. 

V. 

Based upon the foregoing matters, the plaintiffs, the plaintiff- 
intervenors, and the Attorney General of Texas on behalf of the State of 
Texas urge the Court to grant this Joint Motion. 

Respectfully submitted, 

Jim Mattox 
Attorney General of Texas 

Mary F. Keller 
First Assistant Attorney General 

Renea Hicks 
Special Assistant Attorney General 

   



® » UIGINAL = 

  

IN THE UNITED STATES DISTRICT COURT 

FOR THE WESTERN DISTRICT OF TEXAS 

MIDLAND-ODESSA DIVISION 
  

      

LEAGUE OF UNITED LATIN FILED 
AMERICAN CITIZENS ALULAC), 
COUNCIL #4434; LULAC COUNCIL ut 03 1991 
#4451; CHRISTINA MORENO; 
AQUILLA WATSON; JOAN ERVIN; CHAR , VAGNER, Clerk 
MATTHEW W. PLUMMER, Sr., JIM By 71 ( Deputy 
CONLEY, VOLMA OVERTON, . 
WILLARD PEN CONAT, GENE 

COLINS, AL PRICE, THEODORE M, 

HOGROBROOKS, ERNEST M. 

DECKARD, MARY ELLEN ‘HICKS, 

REV. JAMES THOMAS, and LULAC 

(Statewide) 

Plaintiffs, 

HOUSTON LAWYERS' ASSOCIATION, 
ALICE BONNER, WELDON BERRY, 
FRANCIS WILLIAMS, REV. 
WILLIAM LAWSON, DELOYD T. 
PARKER, BENNIE MCGINTY, JESSE 
OLIVER, FRED TINSLEY, JOAN 
WINN WHITE, and THE TEXAS 
BLACK LEGISLATIVE CAUCUS, 

Plaintiff-Intervenors 

vs. 

CIVIL ACTION # MO-88-CA-154 

THE STATE OF TEXAS 

Defendants 

SHAROLYN WOOD, and 

F. HAROLD ENTZ, 

Defendant-Intervenors 

ORDER ON INTERIM FEES 

NOW COMES before this court the plaintiffs unopposed motion 
for interim. fees. The court is of the opinion that said 
unopposed motion should be GRANTED and enters the following 

ORDER: 

1.) This case has been ongoing for three years and has been 
reviewed by the Fifth Circuit Court of Appeals and the 
Supreme Court. 

2.) Federal law allows for interim fees where private 
practioners have been instrumental in vindicating the rights 
of ‘minorities, Bradley v. School Board of City of Richmond, 

 



  

416 U.S. 696, 723 (1974); James v. Stockham Valves & Fittings 

Co., 559.F, 2d. 310, 358-59: (5th Cir. 1977). 

IT IS THEREFORE "ORDERED that. John Sharp, on behalf of. the 

State of Texas as its Comptroller, pay an interim attorneys’ 
fee of ©8136,794.50 to Rolando’ L.+ Rios, attorney for the 
plaintiffs, to be distributed as follows: 

Rolando L. Rios $54,000.00 
William L. Garrett 45,000.00 

Gabrielle K. Mcdonald 17,000.00 

Edward B. Cloutman 14,044.50 

E. Brice Cunningham 2,250.00 

Breenda Hull Thompson 4,500.00 
  

$136,794.50 

RP 
SIGNED AND ENTERED this BE amy of July, “1991, 

ria 4, 
  

Wasi D. BUNTON, Chief Judge 

 



  

7:88-Cv-00154 

SHERRILYN IFILL, ESQ. SM 

NAACP LEGAL DEFENSE & EDUCATION FUND 

16TH FLOOR 

99 HUDSON ST. 

NEW YORK, NY 10013 

 



CLERK, U.S. DISTRICT COURT 

WESTERN DISTRICT OF TEXAS 

P.O. BOX 10708 

MIDLAND, TEXAS 79702 

OFFICIAL BUSINESS 

PENALTY FOR PRIVATE USE $300 

 



  

GORY 
IN THE UNITED STATES DISTRICT COURT 

FOR THE WESTERN DISTRICT OF TEXAS 

MIDLAND-ODESSA DIVISION 

LEAGUE OF UNITED LATIN 

AMERICAN CITIZENS (LULAC), 

COUNCIL #4434; LULAC COUNCIL 

#4451; CHRISTINA MORENO; 

AQUILLA WATSON; JOAN ERVIN; 

MATTHEW W. PLUMMER, Sr., JIM 

CONLEY, VOLMA OVERTON, 

WILLARD PEN CONAT, GENE 

COLINS, AL PRICE, THEODORE M. 

HOGROBROOKS, ERNEST M. 

DECKARD, MARY ELLEN HICKS, 

REV. JAMES THOMAS, and LULAC 

(Statewide) 

Plaintiffs, 

HOUSTON LAWYERS' ASSOCIATION, 

ALICE BONNER, WELDON BERRY, 

FRANCIS WILLIAMS, REV, 

WILLIAM LAWSON, DELOYD  T. 

PARKER, BENNIE MCGINTY, JESSE 

OLIVER, FRED TINSLEY, JOAN 

WINN WHITE, and THE TEXAS 

BLACK LEGISLATIVE CAUCUS, 

Plaintiff-Intervenors 

vs. 

CIVIL ACTION # MO-88-CA-154 

THE STATE OF TEXAS 

Defendants 

SHAROLYN WOOD, and 

FF. HAROLD ENTZ, 

Defendant-Intervenors 

QRDER ON INTERIM FEES 

NOW COMES before this court the plaintiffs unopposed motion 
For interim fees. The court is of the opinion that ‘said 
unopposed motion should be GRANTED and enters the following 

ORDER: 

1.) This case has been ongoing for three years and has been 
reviewed by the Fifth Circuit Court of Appeals and the 
Supreme Court. 

2.) Federal law allows for interim fees where private 
practioners have been instrumental in vindicating the rights 
Of minorities, Bradley v. School Board of City of Richmond, 

 



  

* . 

416 U.S. 696, 723 (1974); James v. Stockham Valves & Fittings 
Co., 559 7. 28.1310, 3538-59. (5th Cir. 1977), 

IT IS THEREFORE ORDERED that John Sharp, on behalf o©f the 
State of Texas as its Comptroller, pay an interim attorneys’ 
fee of $136,794.50 to Rolando L. Rios, attorney for the 

plaintiffs, to be distributed as follows: 

Rolando L. Rios $54,000.00 
William L. Garrett 45,000.00 

Gabrielle K. Mcdonald 17,000.00 

Edward B. Cloutman 14,044.50 

E. Brice Cunningham 2.250.,00 
Breenda Hull Thompson —4,500,00 

$136,794.50 

SIGNED AND ENTERED this day of July, 1991. 

  

LUCIUS D. BUNTON, Chief Judge