Plaintiffs' Motion for Award of Attorneys' Fees and Expenses; Affidavits of Blacksher; of Menefee; of Cochran; of Kirkland; of Fins; of Maranan
Public Court Documents
November 20, 1986
73 pages
Cite this item
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Case Files, Dillard v. Crenshaw County Hardbacks. Plaintiffs' Motion for Award of Attorneys' Fees and Expenses; Affidavits of Blacksher; of Menefee; of Cochran; of Kirkland; of Fins; of Maranan, 1986. 11ebef8a-b7d8-ef11-a730-7c1e527e6da9. LDF Archives, Thurgood Marshall Institute. https://ldfrecollection.org/archives/archives-search/archives-item/6a82105d-a1b6-40e9-8d05-2450eb664c67/plaintiffs-motion-for-award-of-attorneys-fees-and-expenses-affidavits-of-blacksher-of-menefee-of-cochran-of-kirkland-of-fins-of-maranan. Accessed May 17, 2025.
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IN THE UNITED STATES DISTRICT COURT FOR THE ~ nT x
MIDDLE DISTRICT OF ALABMA bse He &
NORTHERN DIVISION Ke ph
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JOHN DILLARD, et al., ) 2 i
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PLAINTIFFS’ MOTION FOR AWARD of ly )
OF ATTORNEYS' FEES AND EXPENSES wil PR ®_
Plaintiffs and the plaintiff class and subclasses move the
Court for an award of attorneys’ fees and expenses, pursuant to
this Court's order dated October 21, 1986. As grounds for their
motion, Plaintiffs would show as follows:
1. Plaintiffs are the prevailing parties in this action and
in each subpart of this action. Accordingly, they are entitled
to recover their attorneys’ fees and expenses pursuant to 42
U.S.C. Sections 19731(e) and 1988.
2. Attached hereto are the affidavits of Larry T. Menefee,
James U. Blacksher, Gregory B. Stein, Wanda J. Cochran, Reo
Kirkland, Jr., W. Edward Still, Deborah Fins and Paola Maranan,
seven of the attorneys who represented the plaintiffs and
plaintiff class in this action and one paralegal.
3. Consistent with the legislative history of the attorneys’
fees provision cited above and guidelines in Johnson v. Georgia
Highway Express, 488 F.2d 714 (5th Cir. 1974), the Court should
consider the following factors in determining a reasonable fee.
Plaintiffs contend that those factors support the requested
relief.
4. The time and labor required is set forth on the
accompanying affidavits of plaintiffs’ counsel.
5. The time expended is not only reasonable, 1t represents a
uniquely efficient use of lawyer time in that, for approximately
the same amount of lawyer work ordinarily required to challenge
at-large elections in a single jurisdiction, plaintiffs obtained
enforcement of the Voting Rights Act in eight separate counties.
6. Most of plaintiffs’ counsel already had extensive
experience in voting rights and/or civil rights litigation.
Three of them have written scholarly articles concerning
enforcement of voting rights, one of which has been relied upon
by the Supreme Court of the United States. Accordingly, the skill
required to perform the services and the experience, reputation
and ability of the attorneys support the fees requested herein,
as do the preclusion of other employment due to the acceptance of
this case and the lack of any prior professional relationship
with these named plaintiffs.
7. Plaintiffs obtained all the relief they had sought
originally in this action plus additional relief that was
warranted by further developments of events and legal theory.
8. Plaintiffs’ counsel conducted this litigation on a
contingent fee basis, thereby undertaking substantial risk that
they would recover no fees or only partial fees for their work.
Because of the contingency nature of the litigation and because
of political and social factors in the State of Alabama, most
members of the Bar of Alabama would view undertaking such
litigation as highly undesirable.
9. Although the commands of the Voting Rights Act are clear,
this litigation presented many novel legal and procedural
questions, for example, the appropriateness of preliminary
injunctive relief based on proof of racial motives on the part of
central state government, the availability of relief against
several separate jurisdictions, and the lawfulness of mixed
at-large and single-member district county commissions in a
remedy for Section 2 violations.
10. Plaintiffs contend that a customary hourly fee for
attorneys in Alabama of similar experience in similarly complex,
specialized litigation, taking into account all of the Johnson
factors, in particular, the contingent nature of the fee, the
results obtained, the delay in obtaining payment, and the novelty
of the questions involved, support a rate of $340 per hour to
Messrs. Menefee, Blacksher, Stein and Still, $250 per hour for
Ms. Fins, $200 per hour for Mr. Kirkland, and $150 per hour for
Ms. Cochran.
11. Awards in similar cases in prior years support the
plaintiffs’ requested fees. In the Southern District of Alabama,
the Court awarded Messrs. Blacksher, Menefee and Stein fees at an
effective hourly rate of $180 per hour in Bolden v. City of
Mobile, No. 75-297-P (S.D. Ala., Dec. 12, 1983), and at an hourly
rate of $165 per hour in Brown v. Board of School Commissioners,
No. 75-208-P. In a case that it considered not to be novel, this
court recently awarded fees to Mr. Blacksher at the rate of
$172.50 per hour, to Mr. Stein at the rate of $142.50 per hour,
and to Ms. Cochran at the rate of $112.50 per hour. York v.
Alabama State Board of Education, C.A. No. 83-T-421-N (M.D. Ala.,
Feb. 26, 1986).
12. Plaintiffs also request compensation for their
reasonable expenses incurred in this litigation. Those expenses
are set forth in an attachment to the affidavit of James U.
Blacksher. Such expenses are reasonable and should be "completely
recoverable." Fairley v. Patterson, 493 F.2d 5988, 607 n.1l%? (5th
Cir. 1984): Dowdell v. City of Apopka. Fla.,, 698 F.2d 1181 (11th
Cir. 1981).
WHEREFORE, plaintiffs pray that the Court will enter an
award of attorneys’ fees and expenses as follows:
Total Hourly
Attorneys Hours Rate Total
James U. Blacksher 377.50 $240 $90,600.00
Larry T. Menefee 458.20 $240 109,968.00
Gregory B. Stein 3.50 $240 840.00
Wanda J. Cochran 185.00 $180 27,750.00
Reo Kirkland, Jr. 52.10 $200 10,420.00
¥. Edward Still 122.78 $240 29,460.00
Deborah Fins 55.10 $250 13,775.00
Total: 1,284.15 $282,813.00
Fees requested by plaintiffs for the period ending October
29, 1986 (except for Mr. Blacksher, whose hours are current
through November 5, 1988): $282,813.00
Expenses incurred from November 8, 1985, through November
10, 1986: $ 73,063.74
Total fees and expenses for the above periods: $355,876.74
Plaintiffs further pray that the Court will establish an
expedited schedule according to which defendants, and each of
them, shall be required to file in writing their particular
objections to the time, hourly rates and expenses claimed by
plaintiffs’ attorneys, followed by a short period for discovery
concerning disputed issues, followed by an evidentiary hearing
and final disposition of this fee petition.
Respectfully submitted this 28day of November, 1988.
BLACKSHER, MENEFEE & STEIN, P.A.
405 Van Antwerp Bldg.
P. O. Box 1051
Mobile, Alabama 36633
(205) 433-2000
BY: Xl .
ARRY . MENEFEE
AMES U. BLACKSHER
WANDA J. COCHRAN
TERRY G. DAVIS
Seay & Davis
732 Carter Hill Road
P. O. Box 6215
Montgomery, Alabama 36106
(205) 834-2000
DEBORAH FINS
JULIUS L. CHAMBERS
NAACP Legal Defense Fund
99 Hudson Street, 16th Floor
New York, New York 10013
(212) 219-1900
EDWARD STILL
REEVES & STILL
714 South 29th Street
Birmingham, Alabama 35233-2810
(205) 322-6631
REO KIRKLAND, Jr.
307 Evergreen Avenue
P. O. Box 646
Brewton, Alabama 36427
(205) 887-5711
Attorneys for Plaintiffs
CERTIFICATE OF SERVICE
I do hereby certify that on this 0 day of November, 1986,
a copy of the foregoing PLAINTIFFS’ MOTION FOR AWARD OF
ATTORNEYS' FEES AND EXPENSES was served upon the following
counsel of record:
H. R. Burnham, Esq.
Burnham, Klinefelter, Halsey,
Jones & Carter
P. O. Box 1818
Anniston, AL 36202
(CALHOUN COUNTY)
Jack Floyd, Esq.
Floyd, Keener & Cusimano
816 Chestnut Street
Gadsden, AL 35999
(ETOWAH COUNTY)
David R. Boyd, Esq.
Balch and Bingham
P. O. Box 78
Montgomery, AL 36101
(LAWRENCE COUNTY, SMITH & LIGON)
¥. 0. Rirk, d>., Esq.
Curry & Kirk
P. O. Box A-B
Carrollton, AL 35447
(PICKENS COUNTY)
John A. Nichols, Esq.
Lightfoot, Nichols & Smith
P. O. Box 215
Luverne, AL 36049
(CRENSHAW COUNTY)
Robert C. Black, Esq.
Hill, Hill, Carter, Franco,
Cole & Black
P. OO. Box 116
Montgomery, AL 36195
(CRENSHAW COUNTY)
Warren Rowe, Esq.
Rowe & Sawyer
P. O. Box~180
Enterprise, AL 36331
(COFFEE COUNTY)
D. L. Martin, Esq.
215 South Main Street
Moulton, AL 35650
(LAWRENCE COUNTY, SMITH & LIGON)
James G. Speake, Esq.
Speake, Speake & Reich
P. O. Box 5B
Moulton, AL 385680
(PROCTOR OF LAWRENCE COUNTY)
Barry D. Vaughn, Esq.
Proctor & Vaughn
121 North Norton Avenue
Sylacauga, AL 35150
(TALLADEGA COUNTY)
Rick Harris, Esq.
Moore, Kendrick, Glassroth,
Harris, Bush & White
P. O. Box 910
Montgomery, AL 36102
(CRENSHAW COUNTY)
James W. Webb, Esq.
Webb, Crumpton, & McGregor
P. O. Box 238
Montgomery, AL 36101
(ESCAMBIA COUNTY)
: by depositing same in the United States Mall, postage prepaid.
TORNEY FOR PLAINTIFFS
AFFIDAVIT OF JAMES U. BLACKSHER
STATE OF ALABAMA )
MOBILE COUNTY )
James U. Blacksher, after being duly sworn, deposes and says
as follows:
l. I am one of the attorneys for plaintiffs in this action
and have been since the beginning of the litigation.
2. I was admitted to practice in 1971. I clerked for one
year as a law clerk to the Hon.Frank H. McFadden, United States
District Judge for the Northern District of Alabama. I am engaged
in the private practice of law under the firm name of Blacksher,
Menefee ¥ Stein, P.A., in Mobile, Alabama. The entirety of my
practice consists of federal civil litigation in the areas of
voting rights and civil rights law.
3. I am a member of the Bar in the State of Alabama, the
supreme Court of the United States, the Fifth and Eleventh
Circuit Courts of Appeal, the Northern, Middle and Southern
Districts of Alabama.
4. My current noncontingent hourly billing rate for federal
civil litigation is $120 per hour, and I have been charging that
rate for approximately two years. This rate is consistent with
the noncontingent rates charged by other attorneys in this area
with comparable experience and specialization.
5. Attached hereto are summaries of time logs which have
been maintained by me on a daily basis. They reflect the work
that I have performed in this litigation which has not yet been
compensated. I believe that the time reflected in these
summaries is both reasonable and necessary to properly meet my
professional responsibilities to the named plaintiffs and the
plaintiff class.
6. I undertook the representation of the plaintiffs in this
natter on an entirely contingent fee basis, that is to say,
whatever fee I am to recover would be by way of court award.
7. Also attached hereto is a statement of expenses incurred
by our firm in the handling of this litigation. TI believe these
expenses are reasonable and of the type regularly billed by
attorneys in private practice.
Subscribed and sworn to
before me on this 2¢%day
of November, 1986.
() |
es < the Oats
NOTARY PUBLIC %
NOTARY PUBLIC STATE OF ALABAMA
My Commission Expires January 11, 1857
Page No.
11/10/86
DATE
12/17/88
12/19/85
12/26/85
¥X%* Total
* %k X
l TIME OF J.U. Blacksher
IN DILLARD vs CRENSHAW COUNTY, et al
FOR 11/08/85 TO 12/31/85
BLACKSHER, MENEFEE & STEIN, P. A.
DESCRIPTION OF SERVICES
Confs Menefee, Cochran re discovery, strategy
Study file
Research venue, joinder
HOURS
0.80
0.50
0.60
1.90
Page No.
11/10/86
DATE
01/03/86
01/08/86
01/08/86
01/09/86
01/10/86
01/10/86
01/14/86
01/15/86
01/16/86
01/17/86
01/20/86
01/21/86
01/22/86
01/23/86
01/24/86
01/27/86
01/28/86
01/28/86
1 TIME OF J.U. Blacksher
IN DILLARD vs CRENSHAW COUNTY, et al
FOR 01/01/86 TO 11/05/86
BLACKSHER, MENEFEE & STEIN, P. A.
DESCRIPTION OF SERVICES
Meetings McCrary, Menefee, Cochran re historical
evidence, discovery
Foncon Vaughn re Talladega
Study record/conf Menefee re overall preparation
Foncons Maranan, Gray re investigation, evidence
Foncon Jones re Calhoun county
Foncon Kirk re Pickens
Conf Menefee, Cochran re motions to dismiss, change
venue/foncon McCrary
Research venue issues
Foncon Menefee re discovery, investigation
Conf Menefee re prep evidence/foncon Lawrence Co.
Comm. Pres./research
Study new pleadings
Foncons McCrary, Gray, Martin, Vaughn, Still re
settle, evid/study new pleadings/research
Analyze statutes
Conference Gray re settlement, prep evidence
Foncons Maranan, Still, Kirkland, Gray,
Advertiser/conference Cochran, McCrary re settle,
trial prep
Foncons Reed, Gray, Still re settlements/conf
Cochran re briefs
Prepare pleadings, brief/conf Cochran, Fins/foncons
Gray, Wilson, Teal, Samford, Fielding, (cont.)
(cont) Wyatt, Elbrecht
HOURS
.00
. 30
.00
.00
Page No.
11/10/86
DATE
01/29/86
01/30/86
01/31/86
02/02/86
02/03/86
02/04/86
02/04/86
02/04/86
02/05/86
02/05/86
02/05/86
02/05/86
02/06/86
02/06/86
02/07/86
02/07/86
02/07/86
2 TIME OF J.U. Blacksher
IN DILLARD vs CRENSHAW COUNTY, et al
FOR 01/01/86 TO 11/05/86
BLACKSHER, MENEFEE & STEIN, P. A.
DESCRIPTION OF SERVICES
Confs McCrary, Fins/foncons Still, Gray re brief,
motions dismiss, preliminary injunction
Research/foncons Gray, Wilson, Still/confs Cochran,
Fins re brief, settle, discovery, etc.
Analyze statutes/conf Cochran, Fins/foncons Gray,
Maranan, Turner, Rowe, Jones re settle, etc.
Conf McCrary/analyze statutes/research
Foncons Still, Kirk, Kirkland re settlement/foncon
Maranan re disc/prep brief
Prepare brief re motions dismiss, preliminary
injunction
Travel to/from Brewton
Meetings with cocounsel, clients, defendants’
counsel re settlement Escambia County
Foncons Maranan, Still, Gray, Reed re settlement,
discovery
Draft letter to Samford re Lee County settlement
Study Pickens County answers to interrogatories
Prepare brief opposing motions dismiss, supporting
preliminary injunction
Conf Cochran, prepare hearing on motions
Travel Montgomery/conf Cochran
Prep hearing/conf Reed, Gray, Wilson, Cochran re
settle/attend hearing on motions
Settlement conf Lawrence County
Settlement conf Talladega
HOURS
0.40
0.60
1.50
3.50
3.00
Page No.
11/10/86
DATE
02/07/86
02/07/86
02/07/86
02/12/86
02/12/86
02/12/86
02/13/86
02/13/86
02/14/86
02/14/86
02/14/86
02/14/86
02/17/86
02/18/86
02/18/86
02/18/86
02/18/86
02/19/86
02/19/86
3 TIME OF J.U. Blacksher
IN DILLARD vs CRENSHAW COUNTY, et al
FOR 01/01/86 TO 11/05/86
BLACKSHER, MENEFEE & STEIN, P. A.
DESCRIPTION OF SERVICES
Settlement conf Calhoun
Settlement confs and foncons Webb re Escambia
Travel Mobile/conf Cochran re trial prep
Prep prelim inj hearing/foncons McCrary, Gray,
Maranan, Hebert/conf Cochran
Foncon America re Escambia plan
Study materials from Whatley
Prep hearing, settlement offers/foncons Reed, Gray,
Still, McCrary
Foncon Turner (Crenshaw)/draft proposed consent
decree
Foncon Jones (Calhoun) re settlement
Foncons Webb, Kirkland re settlement (Escambia)
Foncon Kirk (Pickens) re settlement
Prep proposed consent decrees/foncons Still, Maranan
re settlement, prep hearing
Prepare consent decrees, interrogatories/foncon Gray
Prep settlement, hearing/conf McCrary/foncons Gray,
Reed, Maranan, Henderson
Foncons Kirkland, Webb re settlement (Escambia)
Foncon Samford/prepare Lee County pleadings
Foncon Turner re settlement (Crenshaw)
Foncons Turner, Reed re settlement (Crenshaw)
Foncons Maranan, McCrary/conf McCrary,
Cochran/prepare hearing
O
O
MW
+70
70
. 30
Page No.
11/10/86
DATE
02/20/86
02/20/86
02/20/86
02/21/86
02/21/86
02/22/86
02/24/86
02/24/86
02/25/86
02/25/86
02/26/86
02/26/86
02/26/86
02/26/86
02/27/86
0R/27/86
02/28/86
02/28/86
02/28/86
4 TIME OF J.U. Blacksher
IN DILLARD vs CRENSHAW COUNTY, et al
FOR 01/01/86 TO 11/05/86
BLACKSHER, MENEFEE & STEIN, P. A.
DESCRIPTION OF SERVICES
Foncon Samford re settlement (Lee)
Foncons Reed, Turner re settlement (Crenshaw)
Foncons Still, Cochran, Gray, Maranan/prepare
hearing
Prepare hearing/foncon Still
Prepare Crenshaw County settlement papers
Attend Ala. Voting Rights Project meeting Montgomery
Prepare hearing, FOF/COL/ research/conf Menefee,
McCrary, Cochran
Prepare Crenshaw County settlement papers
Travel to/fm Montgomery/confs judge, lawyers, Gray
re Lee County
Conf McCrary/prepare FOF/foncon Still
Foncon Turner, Jjudge/prepare settlement papers
Crenshaw County
Prepare Lee County settlement papers
Foncons Kirkland, Still re Escambia County
settlement, evidence
Prepare FOF/conf McCrary
Foncon Samford re settlement papers Lee
Foncons Gray, Still/prep FOF-COL
Foncons Kirkland, Still, Webb/draft settlement
papers Escambia
Foncon Stan Martin/draft settlement papers Lee
Foncon Turner, Reed re Crenshaw settlement
Page No.
11/10/86
DATE
02/28/86
03/01/86
03/03/86
03/04/86
03/05/86
03/05/86
03/06/86
03/06/86
03/10/86
03/11/86
03/13/86
03/19/86
03/25/86
03/26/86
03/27/86
03/28/86
03/31/86
5 TIME OF J.U. Blacksher
IN DILLARD vs CRENSHAW COUNTY, et al
FOR 01/01/86 TO 11/05/86
BLACKSHER, MENEFEE & STEIN, P. A.
DESCRIPTION OF SERVICES
Prep FOF/COL, P/I, hearing/research
Prep FOF/COL
Prepare hearing/foncons lawyers, law clerk/prep
exhibit
Prepare hearing on preliminary injunction/confs
lawyers, McCrary/travel Montgomery
Prepare hearing
Attend Hearing on preliminary injunction
Travel Mobile
Foncons Webb, Kirkland re Escambia settlement
Foncons Gray/conf Menefee re Escambia, Crenshaw,
Talladega settlements and plans/litigation planning
Foncon Reed re settlement position remaining
counties
Conf Menefee/foncon Gray re Crenshaw, Escambia and
general settlement position
Research liability theories/conf Menefee/draft
letter to Judge
Confs Cochran, McCrary/prep new exhibits in response
to letter from Judge
Review exhibits, tables, research/foncon judge,
lawyers/prep letter, new exhs, etc.
Foncons law clerk, lawyers, Gray, Still/conf Menefee
re P/I proceedings
Foncons lawyers/conf Menefee re P/I proceedings
Foncons law clerk, Boyd, Still, Gray,
Maranan/research majority vote requirement
12.
.50
. 50
.00
. 80
.40
.80
.30
. 50
.80
.80
00
.00
.80
.80
Page No.
11/10/86
DATE
04/01/86
04/08/86
04/09/86
04/10/86
04/25/86
05/05/86
05/05/86
05/00/86
05/12/86
05/22/86
05/29/86
05/30/86
06/03/86
06/04/86
06/05/86
06/09/86
06/12/86
6 TIME OF J.U. Blacksher
IN DILLARD vs CRENSHAW COUNTY, et al
FOR 01/01/86 TO 11/05/86
BLACKSHER, MENEFEE &® STEIN, P. A.
DESCRIPTION OF SERVICES
Foncons Judge Thompson, law clerk, Boyd, Maranan,
Gray, Still/conf Menefee/research P/I issues
Foncon Tanner re preclearance Escambia and others
Foncons Gray, Maranan, Clark re districting plans
Foncons Fins re Calhoun offer of judgment
Foncons Gray, Still re evidence prep
Foncons Maranan, Kirk re discovery (Pickens)
Conf Menefee/research Section 2 cases
Conf Menefee re case status, Judge's letter/foncon
Rowe/conf Dr. Walters re historical background
Foncons Still, news reporter re pending cases
Research dilution issues
Study dist ct opinion/foncons Gray, Maranan, Fins,
Reed, reporters re opinion, trial prep
Foncons Caley, Kendrick, ACLU, news reporter re dist
ct opinion
Conf Menefee/foncons Menefee, Still, Ricketts re
trial prep/study dist ct opinion
Foncons Weidler, Maranan, Still, Menefee re trial
prep/draft settle ltr/prep discovery
Review discovery/draft discovery motions/foncon
Still
Conf Menefee/foncons Still, Maranan, Henderson re
trial prep/review documents
Conf Menefee/foncons Reed, Gray, Maranan/prepare
trial, discovery/draft letters
HOURS
. 50
.00
.00
.10
. 80
Page No.
11/10/86
DATE
06/13/86
06/16/86
06/17/86
06/18/86
06/19/86
06/20/86
08/23/86
06/24/86
06/25/86
06/26/86
06/27/86
06/30/86
07/01/86
07/01/86
07/03/86
7 TIME OF J.U. Blacksher
IN DILLARD vs CRENSHAW COUNTY, et al
FOR 01/01/86 TO 11/05/86
BLACKSHER, MENEFEE & STEIN, P. A.
DESCRIPTION OF SERVICES
Conf Menefee/Foncons Still, Maranan, Gray re trial
prep/draft letters
Foncon Still re Etowah offer of judgment/study Defs’
ltrs, Henderson rpt/conf Menefee/study data
Conf Menefee/research, prepare for hearing/foncons
Maranan, Reed, Knight
Foncons Maranan, Still, Gray/conf Menefee/prep
hearing/travel Montgomery/hearing/conf lawyers,
clien
Travel Mobile/confs Menefee, Cochran/foncons Still,
Gray, Maranan, Reed/draft stipulation
Foncons Wilson, Rowe, Still/conf Menefee/prep trial,
settlement
Foncon Boyd re trial stipulation, settlement
Foncons Vaughn, Still, Maranan re trial prep,
settlement
Foncons Wilson, Sawyer, Still, Gray re trial prep,
settlement/research recent cases
Foncons Wilson, Gray, Maranan, Still, Kirk, Sawyer,
clients, Boyd re trial prep, settlement
Foncons Jones, Maranan/confs Menefee, Still re trial
prep, settlement
Travel to/from Coffee County/settlement confs
defendants, plaintiffs
Prepare Coffee County settlement papers
Foncons Judge Thompson, Kirk, SRC/study Thornburg v.
Gingles
Foncons Boyd, dJones/study responses to
interogs/draft ltr to Henderson
HOURS
10.
10.
.80
.80
00
.00
.80
.20
.20
.00
.00
.00
50
.10
.80
.50
Page No.
11/10/86
DATE
07/08/86
07/11/86
07/14/86
07/15/86
07/16/86
07/17/86
07/18/86
07/18/86
07/21/86
07/22/86
07/24/86
07/24/86
07/25/86
07/25/86
07/28/86
07/31/86
8 TIME OF J.U. Blacksher
IN DILLARD vs CRENSHAW COUNTY, et al
FOR 01/01/86 TO 11/05/86
BLACKSHER, MENEFEE & STEIN, P. A.
DESCRIPTION OF SERVICES
Conf Menefee/foncon Still/study new
pleadings/prepare trial
Conf Menefee/foncons Reed, Kirk, Henderson re trial
prep/study Davis v. Bandemer
Foncon Menefee/prepare trial
Prep trial/confs Menefee, Cochran/foncons Kirk,
Derfner, Henderson
Travel to/from Montgomery/confs clients, experts,
lawyers/attend pretrial conference
Foncons Kirk, clerk, Jones, Wilson/conf Menefee re
trial prep
Conf Menefee re remedy issues/conf witness (Lawrence
Co.)/foncon Wilson re remedial plans
Research, prep brief re at-large chair
Prep brief re at-large chair/foncon Still/prep
election data
Travel to/fm Montgomery and confs Menefee/confs
Henderson, Gray, Reed, Maranan, clients
Foncons Vaughn, Gray/prep Talladega settlement
papers
Foncon Gray/research
Foncon Gray re remedy issues
Prep Talladega settlement papers
Research Thornburg issues/foncons Maranan, Wilson,
Vaughn, Wood re district boundaries, trial prep
Foncons Proctor, Vaughn, Gray re Talladega
settlement
HOURS
14.
12.
=
O
T
O
.00
. 50
.00
.50
00
.30
.30
.50
.00
00
.70
.00
.20
.30
.50
.80
Page No.
11/10/86
DATE
08/01/86
09/12/86
09/30/86
10/02/86
10/06/86
10/09/86
10/10/86
10/21/86
10/22/86
10/24/86
10/27/86
10/28/86
10/30/86
10/31/86
11/03/86
11/04/86
11/05/86
9 TIME OF J.U. Blacksher
IN DILLARD vs CRENSHAW COUNTY, et al
FOR 01/01/86 TO 11/05/86
BLACKSHER, MENEFEE & STEIN, P. A.
DESCRIPTION OF SERVICES
Foncons Gray, Proctor re Talladega settlement
Foncon Menefee re pending issues
Foncon Menefee re Crenshaw motion contempt
Review plaintiffs’ brief/foncon Menefee re pending
issues
Research recent voting cases
Confs Menefee re pending issues
Foncon Menefee/research pending issues
Foncons Menefee, Guinier re district court ruling,
attorney fees
Study opinion and order of district court/foncon
Menefee
Research, prepare brief re Crenshaw election
enforcement motion
Foncon Menefee re pending issues/study new orders,
pleadings
Foncon Menefee, conf bookkeeper re pending issues,
fees, expenses
Foncon Menefee re pending issues/study Crenshaw
opinion and order
Conf Guinier, Parker, et al. re pending issues
Foncons Menefee, Kirkland re pending issues, fee
petition
Foncons Menefee re fees, Lawrence election problems
Study new pleadings, Crenshaw opinion/foncons Boyd,
Still, Gray, Reed, Judge re Lawrence problems
. 20
.30
. 50
.80
.80
.60
. 50
. 850
Page No. 10 TIME OF J.U. Blacksher
IN DILLARD vs CRENSHAW COUNTY, et al
FOR 01/01/86 TO 11/05/86
11/10/86
BLACKSHER, MENEFEE & STEIN, P. A.
DATE DESCRIPTION OF SERVICES HOURS
% Xk Total X X Xk
375.60
Page No. 1
11/19/86
DILLARD, et al. v. CRENSHAW COUNTY, ALABAMA, et al.
EXPENSES INCURRED FROM 11/08/85 THRU 11/10/86
EXPENSES INCURRED AMOUNT
BLACKSHER, MENEFEE & STEIN, P.A.
Photocopying $3,044.60
Postage 514.14
Telephone (long distance) 969.30
American Express (meals, airfare, lodging, auto) 2,215.88
Attorney travel (personal auto) 1,003.72
LEXIS (legal research) 232.02
Research assistants 5,010.93
Paralegals at $35/hr 13,370.00
Experts 43,111.96
Professional copying 236.05
Court costs (filing fees, copies) 138.50
Court reporter 1,236.95
Package express 682.10
Subtotal for Blacksher, Menefee & Stein....... $71,766.15
LEGAL DEFENSE FUND
DEBORAH FINS 199.00
SUBLOLal £01 LDP... vo visins tone nn cnnnsnins viedsiss $ 199.00
REO KIRKLAND 33.77
Subtotal for Reo Kirkland .... ci. atc cervmns $ 233.77
¥. EDWARD STILL 864.82
Subtotal £0r W. Edward SEill cheer cnrvs dans $ 864.82
TOTAL EXPENSES: $73,063.74
STATE OF ALABAMA )
COUNTY OF JEFFERSON )
AFFIDAVIT OF LARRY T. MENEFEE
DILLARD V. CRENSHAW COUNTY
Larry T. Menefee, after being duly sworn, deposes and
54ys as follows:
1. My name is Larry T. Fenefee. 1 am counsel of record
for plaintiffs in this action.
A
2. 1 was ‘admitted to practice in 1971 and am currently
admitted to practice in the three federal district courts in
Alabama, the Northern District of Florida, the Fifth and Eleventh
Circuit Courts of Appeals, the United States Supreme Court and
the Supreme Court of Alabama. I am in private practice with the
firm of Blacksher, Menefee & Stein in the Birmingham office of
that firn. ] am a former law clerk to United States District
Judge Daniel H. Thomas in Mobile. My private practice consists of
full-time federal civil litigation in the areas of constitutional
and civitrrights.
3. I am a member of the American Bar Association and
the Alabama Bar Association. I have received an "A-V" rating in
MMartindale-Hubble Legal Directory. 1 have several publications in
the area of voting rights. I have conducted continuing education
seminars for several organizations in various aspects of civil
rights litigation,
4. Though the large part of my work is taken on a
contingent fee basis, I have a number of clients who pay on an
hourly basis. Wy customary non-contingent hourly rate for
litigation or any other type of contested matter is $120 per
hour. . 1 charge no other rate for practice except Tor in-office
consultation which I occasionally charge at $90 per hour.
5. Attached hereto are my time logs. These time 104s
$.
are maintained on a daily basis by me and enter directly into our
computer. I believe ‘that the time reflected in these records is
accurate. Furthermore, I believe the time is both reasonable and
necessary for the proper representation of the plaintiffs’
interest in this. 1itigation.
Sworn to and subscribed before ne
this [8° day of \Jgpomligq
Re le lp
“Aaa der A
NOTARY PUBLIC ¢/
iy Commission Expires: 7/15/90
Page No.
11/10/86
DATE
11/21/85
11/22/85
11/25/85
11/26/85
12/02/85
12/05/85
12/06/85
12/09/85
12/10/85
12/11/85
12/12/85
12/13/85
12/16/85
12/17/85
1 TIME OF LARRY T. MENEFEE
IN DILLARD vs CRENSHAW COUNTY, et al
FOR 11/08/85 TO 12/31/85
BLACKSHER, MENEFEE & STEIN, P. A.
DESCRIPTION OF SERVICES
research re historical issues and review joinder and
defendant class issues, confer research assistants
and experts re polarized vote analysis
research re joinder issues and polarized vote
analysis problems, confer with McCrary letters to
Hanks and Davidson
t/ with co-counsel Fins, defense atty and meet with
McCrary re preparation of intent case.
research re discovery, confer with client re
settlement, research joinder issues
research re joinder issues and prep discovery
t w/ defensae atty, research re ammended complaint,
travel to Montgomery for status conference
confer with defense counsel re status conference and
settlement, attend status conference, research re
amended complaint and district plan,ret. to Mob
research and draft discovery and amended complaint,
confer with Still re Pickens
research and draft complaint and discovery
research and draft amended complaint, t w/ various
co. officials,
tw/ Kirkland re Escambia Co
research and draft amended complaint, research at
co. law library re local statutes, confer with
plaintiffs
final proof of motion and amended pleading, confer
with clients and research re local forms of govt.
confer with client Thomas re Etowah and research
confer with co-counsel and outline work/testimony
for experts
HOURS
2.
(62
)
30
. 30
. 20
.60
.80
.80
.60
.30
.30
.40
.60
.10
.80
.60
Page No. 2 TIME OF LARRY T. MENEFEE
IN DILLARD vs CRENSHAW COUNTY, et al
FOR 11/08/85 TO 12/31/85
11/10/86
BLACKSHER, MENEFEE & STEIN, P. A.
DATE DESCRIPTION OF SERVICES HOURS
12/18/85 confer with clients, research re legislative 1.90
history, research and prepare service of summons,
complaint and discovery
12/19/85 prepare and mail summons and service copies, confer 1.40
with clerk
12/20/85 t w/ clerk re service and research same 0.80
12/26/85 research re historical evidence and respond to 1.90
client inquiry
12/27/85 historical research 1.20
* ok Xk Total X Xk X
41.90
Page No.
11/10/88
DATE
01/02/86
01/03/86
01/08/86
01/13/86
01/14/86
01/13/86
01/14/86
01/15/86
01/16/86
02/24/86
02/25/86
02/26/86
02/27/86
03/03/86
03/03/86
03/04/86
03/05/86
1 TIME OF LARRY T. MENEFEE
IN DILLARD vs CRENSHAW COUNTY, et al
FOR 01/01/86 TO 10/29/86
BLACKSHER, MENEFEE & STEIN, P. A.
DESCRIPTION OF SERVICES
review defense answer and answer to interrogs
research re historical and meet and confer wtih
expert witness McCrary
telephone conference with expert and researcher.
research and draft re Lawrence's motioon to dismiss
research and draft motion to correct pleading,
research draft response to Lawrence
research and draft re Lawrence’'x motioon to dismiss
research and draft motion to correct pleading,
research draft response to Lawrence and Pickens
t w/ Latiner and Cotter, research, draft motion to
convert parties
confer with G. Henderson re testimony, research
review pleadings and research re polarized vote,
exhibits
research and trial prep
trial prep and research
trial prep and research
attend settlement conference in chambers (Crenshaw
Ot 2 et
trial prep and research in Montgomery
trial prep re polarized vote analysis and plan
analysis
prep and attend hearing on preliminary injunction,
meet with clients and travel
13.
. 30
.50
.80
.60
.80
.40
. 20
.80
.00
00
Page No.
11/10/86
DATE
03/06/86
03/07/86
03/10/86
03/10/86
03/12/86
03/13/86
03/13/86
03/13/86
03/14/86
03/14/86
03/14/86
03/17/86
03/18/86
03/19/86
03/19/86
03/20/86
2 TIME OF LARRY T. MENEFEE
IN DILLARD vs CRENSHAW COUNTY, et al
FOR 01/01/86 TO 10/29/86
BLACKSHER, MENEFEE & STEIN, P. A.
DESCRIPTION OF SERVICES
research and confer re settlement and further
discovery
t w/ A. Turner and J. Wilson re settlement plan
t w/ Turner, Voyles and Wilson re plan
research and draft settlement letter to def. counsel
travel to Montgomery (3hrs) meet with defense atty
and consultant, Kirkland and Gray re settlement
draft settlement documents for Escambia County
confer with Turner and Voyles and client re
prepration of plan
draft letter re settlement to remaining defendants
and confer with co-counsel re same
confer with Etowah Co clients re settlement offers
confer with defense counsel,co-counsel and prep
settlement documents
draft settlement documents for Escambia County
travel to Montgomery and present Escambia County to
Court, confer with co-counsel and defense
counsel--charge only 1/2 travel time
t w/ Alton Turner and Burt Jones
proof and re-draft settlement papers, confer with
Turner(3), client (3) and court re hearing schedule,
review map of proposed districts
confer with Burt Jones re settlement proposal and
client re meeting for settlement discussion
proof and draft final settlement documents for
(Crenshaw Co).
HOURS
2
HR
Th
SE
N
0
.80
.40
.40
.90
.30
.60
. 20
.90
. 20
Page No.
11/10/86
DATE
03/21/86
03/24/86
03/24/86
03/24/86
03/24/86
03/28/86
03/28/86
03/31/86
04/14/86
04/14/86
04/15/86
04/15/86
04/16/86
04/23/86
04/29/86
05/05/86
05/06/86
05/07/86
o TIME OF LARRY T. MENEFEE
IN DILLARD vs CRENSHAW COUNTY,
FOR 01/01/86 TO 10/29/86
et al
BLACKSHER, MENEFEE & STEIN, P. A.
DESCRIPTION OF SERVICES
t w/ Calhoun Co clients re meeting
travel and return to Montgomery for meetings/court
re Calhoun
travel and return to Montgomery for meetings/court
re (Crenshaw Co)
meet with clients,defense counsel and court re
settlement of (Crenshaw County)
meet with clients, review plan, meet with
defendants, negotiate settlement of Calhoun County
confer with clients and Burt Jones, letter to Jones
re settlemnt of Calhoun Co case
research re supplemnetal historical information and
election schedule
research re supplemental historical information
t w/ court re proposed order for Escambia County
t w/ court re proposed order for (Crenshaw Co)
draft proposed order for (Crenshaw County)
draft proposed order for Escambia County
confer with Still and JUB re demographic proof
research re demographic data and confer wtih clients
re election plans
confer with client
letter to court and confer with client
t w/ Justice Department re relief, research re Ft
Lauderdale
t/ with clients.
"HOURS
.00
70
.80
.90
.30
.70
.20
. 20
20
.70
.20
.90
.40
.80
.60
.70
Page No.
11/10/86
DATE
05/09/86
05/31/86
06/03/86
06/04/86
06/06/86
06/09/86
06/10/86
06/11/86
06/12/88
06/13/86
06/17/86
06/18/86
06/19/86
06/20/86
06/26/86
07/03/86
07/07/86
4 TIME OF LARRY T. MENEFEE
IN DILLARD vs CRENSHAW COUNTY, et al
FOR 01/01/86 TO 10/29/86
BLACKSHER, MENEFEE & STEIN, P. A.
DESCRIPTION OF SERVICES
review letter from court, confer with client and
co-counsel, letter to clients
read and research Court’s opinion, confer with
co-counsel
research and confer re Court’s opinion
conference cass with co-counsel , plan trail and
settlement strategy
t/w Rowe, Wilson and client re settlement.
research and trail preparation
confer with defense counsel and clients re
settlement, research
confer with defense counsel re settlementconfer w/
client, draft, research
confer with defense counsel and clients, research
and draft
confer with co-counsel and defense counsel, research
re liability and remedy issues
research and trial prep, t w/ clients, review
defendant letters tocourt and offer of judgment
research re settlemnt issues, confer wtih
co-counsel, research re effects evidencde.
research and prep re settlement and remedy issues
research and confer re settlemtn and remedy issues
withclients and defense attys
research and confer re settlment
research and confer re Gingles and McCord
confer with clients, review defendant proposals and
research
HOURS
2.50
2.30
Page No.
11/10/86
DATE
07/08/86
07/08/86
07/09/86
07/09/86
07/10/86
07/11/86
07/14/86
07/15/86
07/17/86
07/18/86
07/22/86
07/24/86
07/25/86
07/30/86
08/13/86
08/14/86
5 TIME OF LARRY T. MENEFEE
IN DILLARD vs CRENSHAW COUNTY, et al
FOR 01/01/86 TO 10/29/86
BLACKSHER, MENEFEE & STEIN, P. A.
DESCRIPTION OF SERVICES
research and trial prep
confer withclients re settlemtn
research and prepre interrogatories, proposed
stipulation and motionto limit testimony
t with defense counsel, research re defendant
experts and demographics, t with court.
t w/ clients and Wilson re deistrict plans, research
re settlement, letter to counsel.
trail prep, confer with defense counsel re
settlement and pre-trial document, prep witness and
exhibit list, confer with expert witness re plans
confer with defense attorney re settlement, research
and perp pre-trail document, interview witnesses.
pre-trial prep
travel to and from Montgomery(6.0) meet with defense
attorneys, experts, and witnesses, pre-trial
conference
t w/ Maranan, Gray and Henderson research
research and prep for hearing
travel to Montgomery, meet with clients and experts
and negotiate
confer with Henderson and Wilson, research res
remedy, t w defense counsel
t/w defense counsel and clients, research and confer
re settlement
confer with clients and experts, research
t w/ defense counsel and research
research and t with defense counsel
HOURS
®)
)
12.
10.
.60
.40
.70
.60
.90
.70
.80
.60
.90
Page No.
11/10/86
DATE
08/15/86
08/18/86
08/19/86
08/20/86
08/21/86
08/22/86
08/25/86
08/26/86
08/27/86
08/28/86
08/31/86
09/01/86
09/02/86
09/03/86
09/04/86
09/05/86
09/08/86
6 TIME OF LARRY T. MENEFEE
IN DILLARD vs CRENSHAW COUNTY, et al
FOR 01/01/86 TO 10/29/86
BLACKSHER, MENEFEE & STEIN, P. A.
DESCRIPTION OF SERVICES
research and confer with defense counsel, study
Section five submissions
research and confer re section five submissions
t with defense counsel and expert, research and prep
t with defense counsel, witnesses and research
confer with clients,research and prep for conference
travel to Montgomery, interview witnesses and
research, confer wtih defense counsel
attend pre-trial conference,attend Coffee Co.
settlement
trial prep, research and draft pre-trial
brief ,document research
trialprep,research and draft brief
trial prep, confer with Etowah clients re
settlement, interview witnesses, meet with R. Clark
re Lawrence Co.,t w/ defense counsel
trial perp, draft brief, confer re settlement
trial prep, research discovery production etc
documemt prep and research, trial prep
research and trial prep, travelto Montgomery and
confer with witnesses and court
trial prep and take depositions
trial prep and trial
trial and prep
confer with clients and research, letters to
clients and court, motion to show cause
10.
11.
Page No.
11/10/86
DATE
08/09/86
09/10/86
09/11/86
09/12/86
09/15/86
09/16/86
09/17/86
09/18/86
09/19/86
09/20/86
09/22/86
09/23/86
00/24/86
00/25/86
09/26/86
09/29/86
09/30/86
10/01/8386
7 TIME OF LARRY T. MENEFEE
IN DILLARD vs CRENSHAW COUNTY, et al
FOR 01/01/86 TO 10/29/86
BLACKSHER, MENEFEE & STEIN, P. A.
DESCRIPTION OF SERVICES
research and draft re remedy issues, t w/ Justice
and clients.
t w/ clients and research
research and draft letter re remedy and document
investigation re crenshaw contempt
t w/ court and research re crenshaw
research and draft Section 5 commments and briefs
same
same
same, work on contempt issues
same, confer with DOJ
research and draft Section 5 comment and brief
t w/ Harris and research re contempt issues,
research re brief andelection schedule problems,
final proof and mail Section 5 comments
t w/ Hylind, research and draft re remedy and
contempt issues
prepare and research re contempt
travel to Montgomery, take deposition of Crenshaw
Co.,confer wtih defense counsel and clients
research re contempt and remedy issues, t w/ Justice
Dept
research documents at Demo. Hdq.
draft brief, research state election laws re voter
lists and precinct boundaries
travel to Montgomery, research contempt and meet
with counsel and conference with court.
HOURS
Page No.
11/10/86
DATE
10/02/86
10/03/86
10/07/86
10/08/86
10/09/86
10/10/86
10/22/86
10/23/86
10/24/86
10/27/86
10/28/86
10/29/86
*** Total Xk Xk Xx
TIME OF LARRY T. MENEFEE
IN DILLARD vs CRENSHAW COUNTY, et al
FOR 01/01/86 TO 10/29/86
BLACKSHER, MENEFEE & STEIN, P. A.
DESCRIPTION OF SERVICES
research and draft brief and motion for injunction,
research re Section 5 issues, confer wtih clients
and defense attorneys
research re section 5, supplemental submissioin re
Pickens Co., t w/ Justice and court, meet with Boyd
and Proctor
confer with Floyd and clients re settlemnet hearing,
t with Harris
t with B Jones and Gray and research
travel to Montgomery, prep and attend settlement
hearings for Etowah and Talladega Co and meet with
clients and research
t with DOJ, draft interim prders, reserach same
t with counsel and client, research
t with counsel and research re remedies
research and draft and t with counsel and confernce
with court
research and draft, t with counsel
research and draft findings and conclusions
confer with defense attorneys, Judge Lang, Wilson,
Marannan, Harris, research and draft brief
AFFIDAVIT OF GREGORY B. STEIN
STATE OF ALABAMA )
MOBILE COUNTY )
Gregory B. Stein, being duly sworn on oath, deposes and says
as follows:
I was admitted to the practice of law in September, 1975,
and have been engaged in private practice in Mobile, Alabama,
since that time. The vast majority of my practice (over 90%) has
been in the fields of civil rights and constitutional law.
Attached hereto is a description of time expended by me in
connection with the Dillard v. Crenshaw County action. There
was only one occasion when I expended a significant amount of
time in connection with this action and for which I will claim
fees. The entry of time was extracted from time logs I have
maintained on a daily basis of work done. To the best of my
knowledge, information and belief, the time logs and the
description of time attached hereto accurately reflect the time I
expended in connection with this litigation for which I will
claim compensation.
Subscribed and sworn to
before me on this 27™ day
of Medd 1986.
vi
/ 1
Tn
lf
/ Aaa / he (Aan § /
NOTARY PUBLIC
NOTARY PUBL IC STATE OF ALABAMA
My Commission Expires January 11, 1987
4é 1, re / CN 14
GRESORS B. STEIN
| |
f
Page No. 1 TIME OF GREGORY B. STEIN
IN DILLARD vs CRENSHAW COUNTY, et al
FOR 01/01/86 TO 10/30/86
11/10/86
BLACKSHER, MENEFEE & STEIN, P. A.
DATE DESCRIPTION OF SERVICES HOURS
02/28/86 Research for pre-hearing brief. 3.50
X Xx X Total XX Xk
ANDA J. COCHRAN
STATE OF ALABAMA )
MOBILE COUNTY )
Wanda J. Cochran, being duly sworn on oath, deposes and says
as follows:
I am one of the counsel of record for plaintiffs in this
action. I was admitted to the practice of law in October, 1984,
and I have been engaged in the practice of law in Mobile,
Alabama, since that time. Over 90 percent of my practice has
been devoted to civil rights and constitutional law.
I have attached a description of time expended by me in
connection with this case. This summary has been compiled from
time logs I have maintained of work done in this action from
November 8, 1985, through and including September 5, 1986. I
recorded the time I spent in connection with this case on a daily
basis. To the best of my knowledge, information and belief,
these time logs accurately reflect the time I have expended in
connection with this litigation.
al ~ ,
il 5 SN ir
ff - a
A A 7
/ f ~~ ~ lf ~~
CO DI 00 aw
WANDA J., COCHRAN
T
N
Subscribed and sworn, to
before me on this A" day
of Xascsslditn, __, 1986.
7 CAAT
NOTARY PUBLIC
XX Xk
Page No.
11/10/86
DATE
11/08/85
11/11/88
11/12/85
11/20/85
11/26/85
12/06/85
12/09/85
12/00/85
12/10/85
12/11/85
12/12/85
12/13/85
12/17/85
12/19/85
12/20/85
12/27/85
Total **»x
1 TIME OF WANDA J. COCHRAN
IN DILLARD vs CRENSHAW COUNTY, et al
FOR 11/08/85 TO 12/31/85
BLACKSHER, MENEFEE & STEIN, P. A.
DESCRIPTION OF SERVICES
Research-Senate Committee findings(.5) confer with
LTM, JG (.8) edit complaint(.?).
Research interrogatories.
Draft Planitff’'s First Discovery Request.
Draft interrogatories.
Conference with LTM.
Draft interrogatories.
Edit amended complaint(.4) review answer(.5).
Draft, edit interrogatories.
Edit interrogatories.
Edit interrogatories.
Telephone conference Jerome Gray re plaintiffs.
Edit amended complaint.
Conference with LTM and JUB.
Edit interrogatories, draft letter.
Review files research legislative history.
Telephone conference Peyton McCrary re legislative
histories.
HOURS
oO
[AS
pt
oO
14.
Q
O
0
0
OO
.
0
OO
O
30
Page No.
11/10/86
DATE
01/02/86
01/03/86
01/08/86
01/13/86
01/13/86
01/14/86
01/15/86
01/15/86
01/15/86
01/17/86
01/21/86
01/22/86
01/23/86
01/24/86
01/25/86
01/27/86
01/27/86
01/28/86
01/31/86
1 TIME OF WANDA J. COCHRAN
IN DILLARD vs CRENSHAW COUNTY, et al
FOR 01/01/86 TO 09/10/86
BLACKSHER, MENEFEE & STEIN, P. A.
DESCRIPTION OF SERVICES
Review answers.
Conference with LTM, JUB and expert witness.
Conference with expert ree legislative history.
Conf w/LTM re certification draft motion for class
certification draft brief.
Review Pickens Co. motion to dismiss, etc, draft
response, t ¢/ expert re status.
Conf LTM & JUB re motion, research issues in
Lawrence County’s Motion to Dismiss.
Research Venure Issue.
Research service issue on non-ans parties, t conf
Clerk of Ct.
T conf W. Rowe(Coffee Co.) re service.
Research venure.
T ¢/ D. Fins re motion.
Conf JUB, Fins re briefing schedule.
Review order,motions, doc, etc.
T conf JUB, paralegal, conf JUB re prel inj, conf
historian.
Draft prel inj motion, research.
Research, draft pettion for pre inj.
Research, draft motion for preliminary injunction
and class certification.
Research class and motion to dismiss issues.
Review new pleadings, t conf paralegal re election
returns.
.90
.40
.80
.60
. 20
.80
.20
. 20
.70
.90
.20
.50
.60
.00
.¥0
Page No. pd TIME OF WANDA J. COCHRAN
IN DILLARD vs CRENSHAW COUNTY, et al
FOR 01/01/86 TO 09/10/86
11/10/86
BLACKSHER, MENEFEE & STEIN, P. A.
DATE DESCRIPTION OF SERVICES HOURS
02/03/86 Research class certification issue, draft brief. 5.70
02/04/86 Draft, research brief, edit brief and motion. 4.10
02/05/86 Edit brief. 2.30
02/06/86 T/conf Thompson's clerk re hearing, travel to 2.70
Montgomery.
02/07/86 Attend hearing and settlement talks, travel to 7.40
Mobile.
02/11/86 Conf JUB re P. J. prep assignments. 0.50
02/13/86 T/conf co-counsel re schedule, conf JUB re 1.00
settlement.
02/14/86 Draft letter to expert. 0.20
02/17/86 Research findings and conclusions. 0.70
02/18/88 Draft interrogatories, motion to shorten time, 2.60
t/conf opposing counsel re ans to interrogatories.
02/18/86 Research legislative history, research re findings 0.30
and conclusions.
02/19/86 Draft witness list, draft exhibit list, conf with 0.580
historian re exhibits.
02/20/86 Prepare exhibits. 1.80
02/24/86 Prepare exhibit list. 6.40
02/24/86 Review witness list, review notes on prior hearing. 0.50
02/24/86 Review defendants witness list, ans to request for 0.60
admission, t/conf expert re returns.
02/24/86 Proof exhibit and witness list, add addit’'l exhibits 0.80
and witnesses.
02/26/86 Dictate ltr to plaintiffs, conf LTM/JUB re cross of 0.70
defendants witnesses.
Page No.
11/10/86
DATE
02/26/86
02/27/86
03/03/86
03/03/86
03/04/86
03/04/86
03/05/86
03/06/86
03/06/86
03/17/86
03/18/86
03/19/86
03/24/86
03/25/86
03/26/86
03/26/86
03/26/86
03/27/86
04/23/86
05/06/86
06/04/86
3 TIME OF WANDA J. COCHRAN
IN DILLARD vs CRENSHAW COUNTY, et al
FOR 01/01/86 TO 09/10/86
BLACKSHER, MENEFEE & STEIN, P. A.
DESCRIPTION OF SERVICES
Research appointment issue, revise exhibit list.
Research legislative history.
T/conf LTM re hearing.
T/conf LTM re hearing.
Prep for preliminary injunction.
Travel to Montogmery, prep exhibits for hearing.
Attend preliminary injunction hearing.
Travel to Mobile.
T/conf with JUB and DEB Fins.
T/conf re documents, T/conf re historical documents.
T/conf Alton Turner, conf LTM.
Draft letter to Court re treaties.
Conf w/JUB re exhibits, t/conf law clerk re
scheduled conf call, t/conf historian re sane.
Research state History re exhibit 187
Research state history, conf JUB.
Conference call Judge Thompson and all lawyers.
Research legislative history
research legislative hyistory.
Review order
Review order approving settlement
Review order
HOURS
O
F
OO
OO
OO
&
&
.
,
.
O
Oo
No
»
2
OO
OO
O
O
QO
O
Q
WW
.90
.00
.20
. 20
. 80
.80
.00
. 50
.30
.30
.30
.20
.40
.80
.30
.80
.20
. 50
10
. 20
.70
Page No.
11/10/86
DATE
06/16/86
06/17/86
06/19/86
06/20/86
06/23/86
06/23/86
06/24/86
06/30/86
07/07/86
07/08/86
07/15/86
07/16/86
07/17/86
08/05/86
08/12/86
08/19/86
08/20/86
08/21/86
08/21/86
08/26/86
08/27/86
4 TIME OF WANDA J. COCHRAN
IN DILLARD vs CRENSHAW COUNTY, et al
FOR 01/01/86 TO 09/10/86
BLACKSHER, MENEFEE & STEIN, P. A.
DESCRIPTION OF SERVICES
Review documents
Research admission
Conf JUB, receive and review corresp and order
Research county chair issue
Review orders, correspondance
Review orders, correspondance
Review interrogatories answers
T/ conf law clerk re conf call
Review GINGLES opinion
Review motions, correspondance by defendants
Conf LTM and JUB, research.
Research statue re chair
Research
Recieve and review motions, correspondence, t/conf
LTM
T/conf LTM
Review file, Section 5 submissions
Prep trial exhibits
Travel to Montgomenry, prep for pre-trial conf
Conf with clients, paralegals, attend status
conference and settlement hearing
Prep for trial
Interview witnesses, prep for trial
HOURS
ft
So
O
O
C
C
No
&
O
O
OO
©
.
.
.
©
©
Page No. 8 TIME OF WANDA J. COCHRAN
IN DILLARD vs CRENSHAW COUNTY, et al
FOR 01/01/86 TO 09/10/86
11/10/86
BLACKSHER, MENEFEE & STEIN, P. A.
DATE DESCRIPTION OF SERVICES HOURS
08/28/88 Prep for trail, interview witnesses 5.80
08/29/86 Prep for trial 5.10
09/01/86 Interview witnesses, T/ conf expert and client 1.60
09/02/86 T/ conf re witnesses 0.20
09/02/86 Travel to Montgomery 3.00
09/03/86 Prep for trial, attend depositions 4.60
08/04/86 Meet with witnesses, attend trial 8.00
09/05/86 Attend trial, travel to Mobile 10.50
* kk Total * Xk k
170.70
STATE OF ALABAMA )
ESCAMBIA COUNTY )
AFFIDAVIT OF REO KIRKLAND, JR.
Reo Kirkland, Jr., after being duly sworn deposes and
says as follows:
"l. I am one of the attorneys for plaintiffs in this
action.
2. I was admitted to practice in 1977 and have been
engaged in the private practice of law continuously as a
sole practitioner.
3. I am a member of the Escambia County and Alabama
Bar Associations. I am licensed to practice before all state
courts in Alabama and the United States District Court for
the Southern and Middle Districts.
4. My current hourly rate for federal civil litigation
is $100.00 per hour.
5. Attached hereto is a compilation of the time sheets
which I maintained during my participation in this case. They
reflect the work that I have performed for which I have not
been compensated.
6. I believe the time reflected by the attached compila-
tion 1s both reasonable and necessary to properly meet my
professional responsibilities to the plaintiffs and the plaintiff
class.
7. 1 undertook the representation of the plaintiffs
in this cause on a contingent fee basis understanding that any
fee I recover will be by court—award."-
S——— = gl of
” oo
py Mo w——
REO KIRKLAND, JR.
Sworn to and gulpscribed before
me this the *fay of November, | os
%pires 2/17/90
NOTARY PI
My CommissiO
REO KIRKLAND, JR.
ATTORNEY AT LAW
BREWTON, ALABAMA
TELEPHONE AREA CODE 205 MAILING ADDRESS
OFFICE: 867-5711 P.O. BOX 646
HOME: 867-3384 November 4 P 1 9 8 6 BREWTON, ALABAMA 36427
FOR PROFESSIONAL SERVICES RENDERED RE: A JOHN DILLARD, ET AL
V. CRENSHAW COUNTY, ETC., ET AL CIVIL ACTION NO. 85-T7-1332-N
IN THE DISTRICT COURT OF THE UNITED STATES POR THE MIDDLE
DISTRICT OF ALABAMA, NORTHERN DIVISION
12/11/85 Phone conference with Larry Menefee & Jerome
Gray
12/11/85 Phone conference with Larry Menefee
12/11/88 Phone conference with Ulysesses McBride
12/11/85 Phone conference with Jerome Gray
12/23/85 Receipt & review amended complaint, plaintiff's
first discovery request and appearance of
counsel notice
1/2/86 Receipt & review Of letter to all plaintiffs
from Larry Menefee
1/6/86 Receipt & review of letter from J. Blacksher
to all Probate Judges re: settlement
1/13/86 Receipt & review Pickens County Motion
to Dismiss
1/13/86 Receipt & review Lawrence County request
for briefing schedule and oral argument
and motion to dismiss or transfer or sever
and transfer or to dismiss class action
allegations
1/13/86 Receipt and review Etowah County Motion
to Dismiss
1/14/86 Receipt and review Lawrence County answer
for Clerk, Larry Smith
1/16/86 Receipt and review motion for leave to
amend complaint and amended complaint
Page Two
November 4, 1986
1/16/86 Receipt and review Etowah County motion
to sever and amended motion to dismiss
and motion to transfer +4 hr.
1/16/86 Receipt and review Calhoun County motion
to dismiss RIEL ya
1/16/86 Receipt and review Coffee County motion
to dismiss PIV SL
1/16/86 Receipt and review of plaintiff's response
to Pickens County motion to dismiss and
motion to change identification of parties +L hr.
1/17/86 Receipt and review of letter brief on
res judicata raised by Pickens County defendant «15 hr.
1/20/86 Receipt and review of Pickens County request
for briefing schedule and oral argument
on motion to dismiss ‘1: hr.
1/22/86 Receipt and review of Order of court
setting motions for hearing «1 hr.
1/22/86 Receipt and review of Pickens County answer
to plaintiff's response to Pickens County
motion to dismiss 2 NL.
1/24/86 Phone conference w/J. Blacksher re: Escambia
County settlement “5 hr.
1/24/86 Receipt & review of nonfiling discovery
requirement from Clerk of Court «1 hr.
1/24/86 Receipt & review of plaintiff's request
for admissions 1.0 hr.
1/27/86 Receipt & review of Ed Still explanation
on plaintiff's request for admissions +1 hr.
1/28/86 Receipt & review of Etowah County redgeust
for admissions «75 hr,
1/28/86 Receipt & review of Escambia County brief
in support of motion to dismiss and/or
sever and/or transfer «75 hr.
1/28/86 Receipt & review of amended notice of
appearance from Lawrence County defendants «1 Are
1/28/86 Phone conference w/Lee Otts, Escambia
County attorney «25 hr.
Page Three
November 4,
1/28/86
1/29/86
1/30/86
1/31/86
1/31/86
1/31/86
2/3/86
2/4/86
2/4/86
2/6/86
2/10/86
2/11/86
2/13/86
2/14/86
2/14/86
1986
Phone conference w/Jim Webb's secretary 1: AL,
Receipt & review Pickens County brief in
support of motion for summary judgment .4 hr.
Phone conferences w/J. Webb and Blacksher
firm to set up settlement meeting +25 hr.
Receipt & review of Lawrence County memorandum
brief in support of motion to dismiss or
transfer “5:hr.
Receipt & review memo in support of Coffee
County motion to dismiss «2 ht.
Receipt & review Pickens County substitute
Of page 1 of brief changing toc motion to
dismiss «Lhe,
Phone conference w/Jim Blacksher re:
settlement meeting +2 DL.
Receipt & review answer to plaintiff's
interrogatories and motion to produce by
Pickens County Probate Judge W.H. Lang, et al 3.0 hr.
Settlement meeting with J. Blacksher, Lee
Otts, J. Webb and Escambia County plaintiffs 3.0 hrs.
Receipt & review of plaintiff's petition
for preliminary injunction and class certifica~
tion order and receipt & review plaintiff's
brief in response to defendant's motion to
dismiss and/or sever and/or transfer and in
support of plaintiff's motion for preliminary
injunction and class certification with
attachments +5 BL,
Receipt & review address correction from
Deborah Fins +1 hr,
Receipt & review Order of Court dated
2/10/86 setting motion hearing for March
4, 1986 +1shy.
Receipt & review Etowah County defendant's
amended answer «3 hr.
Receipt & review proposed consent decree
Crenshaw County +15 hr,
Phone conference w/Jim Blacksher re: preliminary
injunction and settlement +25 hr.
Page Four
November 4,
2/17/86
2/17/86
2/18/86
2/18/86
2/19/86
2/20/86
2/21/86
2/21/86
2/21/86
2/24/86
2/24/86
2/24/86
2/25/86
2/25/86
1986
Receipt & review three settlement proposals
submitted to Lawrence County defendants and
Etowah County settlement proposal
Receipt & review motion of Crenshaw County
Probate Judge to be excused from active
participation in hearings
Receipt & review proposed consent decrees
for the following counties: Escambia, Calhoun,
Coffee, Crenshaw, Pickens and proposed settle-
ment with Crenshaw County
Phone conference w/J. Blacksher re: election
return evidence and possible settlement
proposals
Receipt & review plaintiff's motion to
shorten time and plaintiff's second discovery
request
Receipt & review motion to join Lee County as
defendant proposed amended complaint and
proposed consent decree
Receipt & review proposed consent decrees
for Talladega County
Receipt & review Lawrence County defendant's
Yesponse to plaintiff's first discovery request
Receipt & review Pickens County answer to
plaintiff's request for admissions
Phone conference w/J. Webb re: settlement
and memo to file
Receipt & review Order of court dated 2/21/86
and receipt & review Etowah County answers
to plaintiff's interrogatories and motion to
produce
Receipt & review Escambia County defendant's
response to request for admissions and responses
to interrogatories by all Escambia County
defendants
Receipt & review offer from Escambia County
defendants attorney J. Webb
Receipt & review plaintiff's witness list
and plaintiff's list of exhibits
+5 hr.
+25 hrs,
a
2/25/86 Receipt & review Lawrence County defendants
witness list and response to request for
admissions
Page Five
November 4, 1986
2/26/86 Receipt & review proposed settlement with
Crenshaw County
2/26/86 Receipt & review Escambia County's witness
and document list and Lawrence County supple-
ment witness list and exhibit list and
Etoway County witness list
2/26/86 Phone conference w/J. Blacksher, Larry
Menefee and Ed Still
2/26/86 Phone conference w/Jerome Gray
2/27/86 Receipt & review of plaintiff's additional
list of exhibits, letter From J. Webb re:
settlement, and amendment to Escambia County
defendants designation of documents and
plaintiff's request for judicial notice
2/27/86 Phone conferences w/J. Reed, J. Webb, E.
Still re: settlement negotiations
2/28/86 Phone conference w/J. Blacksher, J. Webb
and J. Gray
2/28/86 Phone conference w/L. Menefee and E. Still
3/3/86 Receipt & review plaintiff's proposed findings
of fact and conclusions of law and preliminary
injunction
3/3/86 Conference w/J. Blacksher re: Escambia County
settlement documents
3/4/86 Phone conference w/J. Webb
3/4/86 Phone conference w/J. Gray
3/6/86 Phone conference w/J. Blacksher re: change
in wording of settlement document
3/7/86 Phone conference w/J. Gray and J. Webb re:
district lines meeting
3/12/86 Travel----Brewton to Montgomery to Brewton
Conference to agree on district lines w/J.
Webb, IL. Meneff and J. Gray
Page Six
“ a
November 4, 1986
3/14/86 Phone conference w/L. Menefee's secretary
re: Converence w/Judge Thompson +1 hr.
3/17/86 Travel--Brewton to Montgomery to Brewton
Settlement converence w/Judge Thompson 6.0 hrs
3/26/86 Receipt & review letter to Justice Department
from J. Webb re: preclearance of plan for
districts and elections in Escambia County +2 hy.
4/1/86 Receipt & review letter from L. Menefee to
Justice Department re: preclearance of
Escambia County plan | fa
4/16/86 Phone conference w/L. Menefee «2 hr.
4/17/86 Review file on Crenshaw and Escambia County
cases 1.0:-hr.
4/17/86 Receipt & review Escambia and Crenshaw County
interim orders «25 ht
4/18/86 Phone conference w/J. Gray +1"hr.
4/18/86 Travel--Brewton to Montgomery to Brewton 6.5 "hi.
4/29/86 Phone conference w/L. Menefee re: final order .1 hr.
5/1/86 Receipt & reveiw proposed final order approving
settlement and consent decree for Escambai
County +25 hr.
5/5/86 Receipt & review final order approving settlement
and final consent decree for Escambia County .4 hr.
5/29/86 Receipt & review notice of pretrial hearing,
order denying Escambia County defendant's motion
to dismiss, and order and injunction as to Calhoun,
Coffee, Etowah, Lawrence and Talladega Counties
and memorandum opinion of the court «15 hE.
TOTAL HOURS=====—=—==momme=. 52.10 - hrs.
52.10 hours at $100.00 per hour--=—====mme————— $5,210.00
Long Distance Phone Charges — rrr mom mon mum unm mo 83.12
POSE EI CHE we wnm ss i vu pr it ee to ue oot 0 se 30 se wu A te rs st Spm fm 3.45
Travel 3/12/86 220 miles; Trave. 3/17/86 220 miles;
Travel 4/18/86 220 miles at $.22 per mile-—-=-==——-—- 145.20
PATR IG mer wm sri ve v's se ve rc ow se ve 0 6 0 et ee ea de ee 2.00
TOTAL DUE---85,443.77
®
EDWARD STILL’S CASE TIME SUMMARY FOR DILLARD V CRENSHAW co
date
01/15/86
01/15/86
01/16/86
01/20/86
01/21/86
01/21/86
01/24/86
01/29/86
01/30/86
01/30/86
02/03/86
02/03/86
02/04/86
02/05/86
02/05/86
02/06/86
02/07/86
hours
1.75
work performed
Telephone to Menefee re: division of work in
preparation of case; Starting Peter Kitrell to
work
Research on res judicata (Pickens)
Preparing discovery to defendants; reviewing
census data
Received motion to dismiss; Telephone to
Blacksher re: response to it
Preparing request to admit
conferences with Blacksher re:
and Lawerence Co.
telephone
Talladega
Trip to Talladega to discuss settlement;
Telephone to Blacksher; work on Settlement
Telephone to Blacksher re: Pickens brief;
finding relevant Pickens orders; Letter to
Blacksher
Checking old court file on Talladega case
Telephone from Blacksher re: authority to
settle
Telephone from Blacksher re: settlements
Prep for Lawrence Co. meeting
Trip to Lawrence Co.
Telephone from Blacksher re: Lawrence Co.
Etowah Co.
research
Telephone to Floyd, Reed;
Received Talladega 1970 order; Telephone to
Blacksher
trip to Montgomery; settlement discussions
with various defendants; oral orgument;
conference with Blacksher, Cochran, Grey,
Wilson
02/10/86
02/11/86
02/13/86
02/14/86
02/14/86
02/20/86
02/20/86
02/21/86
02/24/86
02/25/86
02/26/86
02/27/86
02/28/86
02/28/86
03/03/86
03/04/86
03/05/86
03/18/86
03/28/86
03/31/86
11.50
®
Reading our brief
Research on Talladega Co; Letter to Blacksher
Conference with Blacksher re: setlements
Telephone to, Letter from settlement
in Etowah
Floyd re:
Telephone from Martin re: settlement in
Lawerence; Telephone from Boyd
Telephone to, Letter to Vaughan re: Talladega
Review all settlement offers; Conference with
Blacksher and Cochran
Preparing motion for judicial notice;
Reviewing defendants’ position
Telephone from Cochran re: exhibits; reading
Escambia answers to discovery
Telephone to Blacksher; review of Henderson v
Graddick
work on statement of facts; prep for trial
Escambia: Telephone from Jim Webb re:
settlement discussions: telephone to Reo
Kirkland; telephone from Blacksher
Escambia: telephone conf with Blacksher and
Kirkland re: settlement
Trial preparation
Reviewing proposed findings of facts and
conclusions of law; telephone calls re:
tomorrow’s conference with judge
Trial preparation; conference with judge and
opposing counsel
Trial; return trip to Birmingham
Telephone from Ernie Jones
reviewing materials Blacksher sent to Judge
telephone from Blacksher re another request
2
04/01/86
04/02/86
04/03/86
04/10/86
04/14/86
04/15/86
04/18/86
04/21/86
04/24/86
04/25/86
04/28/86
05/12/86
05/22/86
06/02/86
06/03/86
06/04/86
06/05/86
.40
.40
«20
.20
.20
«25
.70
+50
«30
75
.00
25
.80
.70
+75
«2B
.50
P Jas
from Judge Thompson; research on primary
election laws
telephone to Blacksher re any preparations we
need to make in anticipation of possible
rulings by Judge Thompson
received Calhoun offer of judgment; compared
to our proposed settlement
telephone from Blacksher re our response, if
any, to Calhoun’s offer of judgment
telephone from Fins re Rule 68 from Calhoun
Co.
telephone to Menefee re trial preparation
telephone to Menefee re trial preparation
telephone from Menefee; telephone to Maranan;
telephone to Henderson
telephone conference w/Maranan re getting
demographic data needed by Henderson;
reviewing census reports; telephone to
Henderson
telephone to Maranan re maps and statistics
conference w/Blacksher re Russell Co.
research
letter from Judge Thompson; telephone to
Blacksher re letter
analysis of Ft. Lauderdale case; letter to
Blacksher
received and read orders and opinions
conference w/Blacksher and Menefee re
likelihood of appeal by defendants and
preparation for 23 July hearing
preparation for hearing; telephone to
Henderson, Maranan, Blacksher; letter to
Henderson
checking Corder file for material to be used
in trial (Pickens Co.)
3
06/09/86
06/12/86
06/13/86
06/13/86
06/16/86
06/16/86
06/17/86
06/17/86
06/19/86
06/19/86
06/19/86
06/23/86
06/24/86
06/26/86
07/07/86
07/08/86
08/22/86 3.00
®
letter from and to Henderson re materials he
needs for trial, theory of defense, etc.;
telephone from Blacksher re judge’s request
for status letter; preparing for Henderson
testimony
letter from Jones,
Calhoun and Pickens
telephone to Blacksher re
received statements from Lawrence, Etowah, and
Talladega counties; telephone to Blacksher and
Menefee;
preparing letter to Floyd re offer of judgment
(Etowah)
preparing letters to Floyd re offer of
judgment and settlement; telephone to
Blacksher (Etowah); letter to clients
letter from and letter to Henderson
telephone to Blacksher re settlement
discussions with defendants
(Etowah County): telephone to Gray
conf with Blacksher and Menefee re settlement,
hearing, etc.; letter from and telephone to
Henderson re missing data
(Etowah) reviewing plans of county
(Lawrence) reviewing county scheduling
proposal
telephone to Burnim re work being done by
assistants at Voting Rights Project
telephone from Maranan; telephone to Blacksher
re preparation for trial and stipulation
telephone to Blacksher
analysis of Thornburg v Gingles
reading many documents received from
defendants in last 2 days; telephone to
Blacksher
attending pretrial conference; conference with
4
08/24/86
08/25/86
09/02/86
09/03/86
09/08/86
09/10/86
09/11/86
09/26/86
09/30/86
10/02/86
10/22/86
TOTAL
o 139
Menefee and Cochran re research needed in. case
1.00 research on Jesse Owens statute in Lawrence
County
0.50 conference with Menefee re Pickens probate
judgeship
0.20 reading Lawrence Co memo
0.25 reading our brief
1.25 conference with Menefee re trial and timing
problems on elections
0.10 telephone to Menefee
3.00 conf w/Menefee re problems in special
elections; drafting letters to counsel
0.25 telephone to Menefee re responses from
counties on election preparations and from
Justice Dept
0.75 Crenshaw Co: conference with Menefee re
election problem; research on state election
laws
0.25 Reading our post-trial brief
0.75 quick review of opinion and orders; conf with
Menefee
122.75 hours
a
STILL LIST OF EXPENSES IN DILLARD
date expense description
01/21/86 16.05 Postmaster
01/31/86 10.00 Federal Record Center--Talladega Co case
02/05/86 75.60 Xerox
02/12/86 19.55 Telephone
03/11/86 0.90 Law Library
03/14/86 115.65 Xerox
03/14/86 29.24 Telephone
03/31/86 1.50 xerox
02/04/86 30.00 travel - 150 miles
02/07/86 40.40 travel - 202 miles
02/22/86 40.20 travel - 201 miles
04/29/86 3.15 xerox
04/30/86 11.00 Federal Express
04/30/86 17.24 phone
01/21/86 16.05 U.S. Postmaster
01/31/86 10.00 Federal Record Center
02/05/86 75.60 xerox
02/02/86 19.55 phone
03/11/86 0.90 Law library
03/14/86 113.65 xerox
03/14/86 29.24 phone
03/31/86 1.50 xerox
05/30/86 20.64 phone
07/08/86 23.00 Federal Express
07/08/86 31.25 Federal Express
07/31/86 6.15 xerox
07/31/86 71.45 phone
08/28/86 27.00 xerox
09/30/86 8.36 phone
TOTAL 864.82
® gl
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
mn ME ie — gY
JOHN DILLARD, et al.,
Plaintiffs,
Vv. : Civil Action No. CV 85-T-1332-N
CRENSHAW COUNTY, ALABAMA,
et al.,
Defendants.
REEMA Lo, Lng Sle Sy RE
AFFIDAVIT
STATE OF NEW YORK )
COUNTY OF NEW YORK )
DEBORAH FINS, being duly sworn, deposes and says:
i. I am one of the attorneys for the plaintiffs in this
case, and I am employed as Assistant Counsel of the NAACP Legal
Defense and Educational Fund, Inc. ("Legal Defense Fund"). I
submit this affidavit in support of plaintiffs' application for
an award of attorneys' fees, costs and expenses.
2. The Legal Defense Fund is a non-profit organization
which was founded in 1940 and which has since furnished legal
assistance in cases involving claims of racial discrimination and
deprivation of constitutional rights before state and federal
courts throughout the nation. See NAACP v. Button, 371 U.S. 415,
421 n.5 (1963). The Legal Defense Fund has been approved by the
¢ S00.
Appellate Division of the State of New York to function as a
legal aid organization, and it has been cited. by the United
States Supreme Court as having a "corporate reputation for
expertness in presenting and arguing the difficult questions of
law that frequently arise in civil rights litigation." NAACP v.
Button, supra, 371 U.S. at 422. In the area of voting rights in
particular, attorneys affiliated with the Legal Defense Fund have
litigated important cases decided by the Supreme Court (e.g.,
Gingles v. Thornburg, U.S. _ _, 106 S. Ct. 2752 (1988); United
Jewish Organizations v. Carey, 430 U.S. 144 (1977); Allen v.
Board of Elections, 393 U.S. 544 (19668); Smith v. Allwright, 321
U.S. 649 (1944); Nixon v. Condon, 286 U.S. 73 (1932); as well as
the Circuit courts or three-judge courts (e.g., Brown v. Bd. of
Sch. Com'rs of Mobile County, Ala., 706 F.2d 1103 (11th Cir.
1983); Loalition for Ed. in Dist. 1 v, Board of Elec,, City of
N.Y., 495 P.24 1090 (24 Cir. 1974); Major v. Treen, 574 P. Supp.
325 (E.D. La. 1983) (three-judge court)).
3. Neither I nor any other attorney on the staff of the
Legal Defense Fund has accepted or expects to receive any
compensation or reimbursement from the plaintiffs in this case.
No counsel fees, costs or expenses will be obtained for work done
or money spent on this case by the Legal Defense Fund or its
staff attorneys unless the Court awards such fees, costs and
expenses against the defendants. Any such award to attorneys
employed by the Legal Defense Fund will be paid over to the Legal
Defense Fund.
¢ ga
4. I am admitted to practice law before the following
courts: the Supreme Court of the United States, the United
States Courts of Appeals for the Fifth, Sixth and Eleventh
Circuits; the United States District Court for the Southern
District of New York; and the New York Court of Appeals. I have
appeared pro hac vice in numerous other courts.
5. I graduated with honors from Barnard College in 1975
and Columbia Law School in 1978. 1 began working for the Legal
Defense Fund in August, 1978.
6. Between August, 1978 and April, 1983, I was responsible
for the Fund's death penalty litigation in the State of Florida,
the state with the largest death row population in the nation. I
was also involved as co-counsel in capital cases from other
jurisdictions. Among the cases in which I was counsel are
Barclay v. Florida, 463 U.S. 939 (1983); Enmund v. Florida, 458
U.S. 782 (1982); Proffitt v. Wainwright, 685 F.24. 1227 (11th Cir.
1982), on reh. 706 F.2d 311 (11th Cir. 1983); Washington v.
Watkins, 655 F.2d 1346 (5th Cir. 1981); Prejean v. Blackburn, 570
F. Supp. 985 (W.D. La. 1983); State v. McDowell, 310 N.C. 61, 310
S.E. 2d 301 (1984); Brown, et al. v. Wainwright, 392 So.2d4 1327
(Fla. 1981). There are also countless other death cases in which
I played a major role in the drafting of briefs, habeas corpus
petitions and stay applications, but did not serve as counsel of
record, e.g., Songer v. Wainwright, 769 F.2d 1488 (11th Cir.
1985) (en banc); Hall v. Wainwright, 733 F.2d 766 (11th Cir.
1984); Reddix v. Thigpen, 728 F.2d 705 (5th Cir. 1984); Dobbert
®
v. Wainwright, 718 F.2d 1518 (11th Cir. 1983); Witt v.
Wainwright, 714 F.2d 1069 (11th Cir. 1983); Williams v. Maggio,
679 F.24 381 (5th Cir. 1982): Ford v. Strickland, 675 F.24 434
(11th Cir. 1982); 696 F.2d 804 (11th Cir. 1983) (en banc); Palmes
v. Wainwright, No. 82-583-Civ-J-M (M.D. Fla.); Jones v.
Wainwright, 446 So.2d 1059 (Fla. 1984); and Knight v. Wainwright,
394 So.2d4 997 (Fla. 1981). In numerous other cases I served as a
consultant on capital trials, direct appeals, clemency or post-
conviction proceedings, editing briefs, stay papers, clemency
memos or petitions for writ of certiorari, and researching and
advising on the formulation of federal constitutional issues,
e.g. Eddings v. Oklahoma, 455 U.S. 104 (1982); Goode v.
Wainwright, 704 F.2d 593 (11th Cir. 1983); Zeigler v. Wainwright,
473 So.2d 203 (Fla. 1985); Jacobs v. Wainwright, 450 So.2d 200
(Fla. 1984); Demps v. Wainwright, 416 So.2d 808 (Fla. 1982). 4
edited a manual for clemency proceedings in Florida which was
prepared under my supervision by Columbia Law School students,
and assisted in the preparation of a manual on post-conviction
proceedings in capital cases.
7. In addition to my work in death penalty litigation, I
have served as counsel in a variety of other cases, all of which
involved issues related to civil rights, e.g., Martin v. Allain,
No. J84-0708 (L) (S.D. Miss.) (voting rights suit involving at-
large election of state court judges); Webb v. County Bd. of
Educ. of Dyer County, 715 F.2d 254 (6th Cir. 1983) (attorneys'
fees for state administrative work under 42 U.S.C. § 1988); Jones
® i %
v. Hutto, No. PB-74-C-173 (E.D. Ark.) (employment discrimination
class action by employees of the Arkansas Department of
Corrections); Hubert v. Ward, No. C-C-80-414-M (W.D.N.C.) (North
Carolina multi-institution prison conditions lawsuit); Small v.
Martin, No. 85-987-CRT (E.D. N.C.) (multi-institution prison
conditions lawsuit); Feamster v. Brierton, No. 79-132-CIV-J-C
(M.D. Fla.) (Florida death row conditions lawsuit); Moran v.
NARF, No.73-702-Civ.-J-S (M.D. Fla.) (employment discrimination
class action by employees of Naval Air Rework Facility); Jenkins
v. Missouri, 593 F. Supp. 1485 (W.D. Mo. 1984) (suit to
desegregate the public schools of Kansas City, Missouri, and
surrounding suburbs); United States v. Charleston County
Consolidated School Board, No. 81-50-8 (D.S.C.) (suit to
desegregate the public schools of Charleston County, South
Carolina).
8. I have served on the faculty of the National College
for Criminal Defense at programs in Charleston, South Carolina
and Ft. Lauderdale, Florida, and have spoken at similar programs
presented by the National Legal Aid and Defender Association in
Atlanta, Georgia and Boston, Massachusetts; by the Florida Public
Defender Association in St. Augustine and Sarasota, Florida: and
by a coalition of groups in Richmond, Virginia. I organized and
spoke at a number of conferences co-sponsored by the Legal
Defense Fund, the Southern Poverty Law Center and other
organizations, in Warrenton, Virginia. I have been a trial
practice seminar leader and appeared as a guest speaker at
classes at several law schools, including Yale, Columbia, New
York University and Hawaii. In 1982 I received the Nelson
Poynter Award for my work in the defense of capital cases from
the American Civil Liberties Union.
9. My hourly rate is $135 per hour. I recently received
$125 an hour for work performed between 1983 and 1985 (the bulk
of which was in the summer and fall of 1984) on settlement of
Hubert v. Ward, No. C-C-80-414-M (W.D.N.C.). Attached as
Appendix A to this affidavit is a schedule of the hours I have
spent on this case from my initial involvement in October, 1985
to the present. These hours were compiled from contemporaneous
time records which I maintained throughout this period. The
Legal Defense Fund additionally requests compensation for
attorney travel expenses in the sum of $199.00, paid by the
Fund in this case.
10. In addition to the hours listed in Appendix A, other
attorneys employed by the Legal Defense Fund have reviewed
documents filed in this case and have conferred with me from time
to time concerning this case. These attorneys include Director-
Counsel Julius L. Chambers, First Assistant Counsel Charles
Stephen Ralston and Assistant Counsel C. Lani Guinier and Penda
Hair. In order to provide a conservative statement of the time
spent on this case and to eliminate any hours which might
conceivably constitute a duplication of effort, the Legal Defense
Fund is not requesting fees for the services of attorneys
Chambers, Ralston, Guinier or Hair.
/
Subscribed and sworn to before
DEBORAH FINS
me this 7/ day of November, 1986.
Notary Public
DILLARD V. CRENSHAW COUNTY
Attorney Time
DEBORAH FINS
From October 1985 to October 1986
Date Services Rendered Hours
10-23-85 Memo re: proposal to take case «5B
11-4-85 Draft, proof letter to co-counsel «5
confirming involvement; retainer letter
11-25-85 Confer with co counsel re: status, 5
strategy
12—-4-85 Confer with co-counsel re: schedule, 3
strategy, etc.
1-13-86 Review (scan) mail from 12/20 |
1-14-86 Review pleadings - Lawrence and 2
Pickens Counties
1-21-86 Review Coffee County motion to dismiss; .5
plaintiffs' response to Pickens County
motion to dismiss; motion to change name
of parties; Calhoun County motion to
dismiss or transfer; confer with co-
counsel re: orders, scheduling
1-22-86 Review Pickens County request for .3
briefing and oral argument; Escambia
County motion to dismiss; confer with
co-counsel
1-23-86 Travel arrangements to Mobile; confer .5
with co-counsel; review Pickens
County response
1-24-86 Confer with co-counsel, prepare .5
for trip to Mobile
1-27-86 Travel to Mobile (aborted flight, 12.5
drive from Birmingham)
1-28-86 Confer with co-counsel re: status 9.2
of settlement, strategy, work
distribution; review pleadings received
in Mobile (and not New York); consult
with experts; legal research for brief
1-29-86 Research re: joinder, etc. - motion 5.6
to dismiss; consult with co-counsel,
witness calls; Pickens County -
review motion, reread Corder cases,
consult Ed Still; confer with expert
1-30-86 Draft portion of brief re: joinder, 6.5
venue, intro.; review Lawrence County
motion to dismiss; confer with
co-counsel re: settlement progress
1-31-86 Draft transfer section of brief; memos 5.6
to co-counsel re: research for their
sections; cite check, proof
1-31-86 Travel time - return to New York 1.9
(rest of travel time used for work
on other cases)
2—-3-86 Review Etowah County response to «3
admissions request; scan Pickens
and Coffee County briefs; letter to
clerk; review court order,
Escambia County brief, Pickens
County page substitution
2-4-86 Review Escambia County motion to sever; ol
calls re: brief; cite checking cases in
brief
2—-5-86 Confer with co-counsel re: brief; .4
additional research
2-10-86 Review Judge's class certification ig )
order in Diggs v. Henry County
2-10-86 Review Pickens County answers 2
to interrogatories, Lawrence
County appearance, brief re: motion
to dismiss
2-13-86 Review letter to Lee County; motion 5
for injunction and final of brief;
confer with co-counsel re: hearing
2-21-86 Review motion, Etowah County answers 4
to request to admit; Court scheduling
order; proposed decrees
2
N 2-26-86 Review pleadings: Crenshaw County «5
consent, Pickens County answers to
request for admissions, motion to dismiss;
Lee County; Lawrence County answers
to interrogatories; Etowah County answers
to interrogatories and motion to produce;
Talledega consent; Judge's order
2/21; Escambia County response to request
for admissions; request to shorten time
3-5-86 Scan Lawrence and Coffee County proposed v2
3-6-86
3-10-86
3-20-86
3-24-86
3-27-86
3-31-86
4-2-86
4-4-86
4-9-86
4-10-86
4-17-86
findings and other pleadings
Review Lawrence County memo on pre-
liminary injunction; Etowah County
adoption of Lawrence County motion;
confer with co-counsel re: hearing and
strategy
Review order re: Lee County, missing
page from findings of fact
Review Escambia County notice
Review court's letters and orders:
co-counsel letter to court: confer
with co-counsel; review pre-trial
orders in Diggs
Scan motion (duplicate)
Review court order; review letter
co-counsel to court re: corrected
exhibits
Confer with co-counsel re: status
Review Escambia County designations of
documents; offer of judgment Calhoun
County; call co-counsel
Confer with co-counsel re: status,
strategy
Review mail from Calhoun County, offer
of judgment; confer with co-counsel
re: response; draft response; review
response with co-counsel
Review court order approving Lee
County settlement; billing
3
4-29-86
5-5-86
5-9-86
5-12-86
10-28-86
11-3-86
11-4-86
11-5-86
Process billing, expenses
Review court order re: Lee County
Review co-counsel letter to court;
Escambia County Order
Letter to co-counsel
Prepare attorney's fee affidavit and
statement of hours
Proof of affidavit and hours
Additions to affidavit; calls to
co-counsel re: expenses, deadlines
Additions to affidavit; add preparation
of affidavit and statement of hours to
statement of hours
Total:
AFFIDAVIT
Dillard v. Crenshaw
State of Alabama )
County of Montgomery )
I, Paola Gayle Maranan, being hereby sworn do depose and
say:
That from October 1, 1984 to September 30, 1986, 1 served as
Project Coordinator of the Alabama Voting Rights Project, a
project of the Civil Liberties Union of Alabama. I served as
the statewide Project Coordinator throughout the Project's
duration. The Project was a coalition of attorneys,
activists, professionals and educators committed to securing
equal voting rights for all of Alabama's citizens by seeking
enforcement of the Voting Rights Act of 1965.
That I am on voluntary leave of absence from Harvard and
Radcliffe Colleges in Cambridge, Massachusetts where I am a
student majoring in American Government. I lack one semester
necessary to complete my B.A. degree. Since October 1, 1984
I have worked full-time in the field of voting rights.
That Melinda Guzman-Moore served as a legal intern to the
Alabama Votng Rights Project during June and July of 1986.
She 1s a second-year law student at Martin Luther King, Jr.
Hall. at the University of California at Davis. Noah
Arceneuax served as an intern to the Alabama Voting Rights
Project from June to Septmeber of 1986. He is a student at
the University of Georgia.
That the Alabama Voting Rights Project of the Civil Liberties
Union of Alabama expended three-hundred and eighty~-two (382)
hours of its time working on the above-styled case. As
Project Coordinator, I expended two-hundred and ninety-nine
and one-half (299.5) hours working on this litigation;
Melinda Guzman-Moore and Noah Arceneaux, interns who assisted
with the litigation and were under my direct supervision,
expended the remainder of eighty-two and one-half hours
(82.5). The hours are divisible as such:
Affidavit of Paol
Dillard v. Crensh
Page Two
ayle Maranan , »
Regarding the remedy hearing for Lawrence, Pickens and
Calhoun counties:
Paola Gayle Maranan - thirty-seven (37) hours
Melinda Guzman-Moore - five (5) hours
These hours were spent preparing a survey regarding the
methods of election used to elect county chairpersons in each
of Alabama's sixty-seven (67) counties.
Regarding the settlement hearing for Etowah and Talladega
counties:
Paola Gayle Maranan - eleven (11) hours
These hours were spent contacting the client group,
contacting and preparing witnesses for the hearing, and
attending the hearing.
Regarding the matter of Pickens County:
Paola Gayle Maranan - seventy-nine (79) hours
Melinda Guzman-Moore - fifty-four and one-half (54.5) hours
These hours were spent gathering election returns and census
information, developing and drawing redistricting plans,
conducting a house count of selected areas of the county,
interviewing potential witnesses and preparing legal memos.
Regarding the matter of Lawrence County:
Paola Gayle Maranan - nineteen (19) hours
Regarding the matter of Talladega County:
Paola Gayle Maranan - seventeen (17) hours
Noah Arceneaux - two (2) hours
Regarding the matter of Calhoun County:
Paola Gayle Maranan - nineteen and one-half (19.5) hours
Regarding the matter of Lee County:
Paola Gayle Maranan - nine (9) hours
In each county, the time was spent gathering election
returns, preparing redistricting plans and gathering
demographic information.
Affadavit of pao fifayle Maranan |
Dillard v. Crensh? ow
Page Three
Regarding the matter of Crenshaw County:
Paola Gayle Maranan - twenty-six and one-half (26.5) hours
These hours were spent gathering election returns and
demographic information, performing historical research at
the State Department of Archives, preparing copies of the
proposed redistricting plan, and preparing for the hearing on
the motion of contempt regarding the June 1986 primaries.
Regarding the matter of Etowah County:
Paola Gayle Maranan - twenty-two (22) hours
Regarding the matter of Coffee County:
Paola Gayle Maranan - fifty-six (56) hours
Melinda Guzman-Moore - eighteen (18) hours
Noah Arceneaux - three (3) hours
In each county, the time was spent gathering election
returns, performing historical ' research at the State
Department of Archives and History, interviewing potential
witnesses, gathering demographic information and preparing
copies of the redistricting plan.
——— ———— — — ——— {— — — —— — ———— — — ——_ ——— — — —._ o— — ——— — — —— — — — ——— — — — — — ——— —— —— — — — — — o— —
Regarding the matter of Escambia County:
Paola Gayle Maranan - three and one-half (3.5) hours
These hours were spent performing historical research at the
State Department of Archives and History.
Affidavit of pac @cayie Maranan _ i
Dillard v. Crenshaw
Page Four
That the contents of this affidavit accurately and truthfully
reflect the time and task expended by the Alabama Voting
Rights Project on the above-styled case.
Sworn before me this
fifth, day of November, 1986
J
ri We EN
7 L Qrit 7). TER
Notary PglRes State of Alabama
f vif
My commission expires 67/90