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
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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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9 ~(h, ® SRS ¥ \Va // a's Ng Ze ’ : Pi 4 . 5 x a % IN THE UNITED STATES DISTRICT COURT FOR THE ~ nT x MIDDLE DISTRICT OF ALABMA bse He & NORTHERN DIVISION Ke ph 77 2% =) I JOHN DILLARD, et al., ) 2 i Ws aD Plaintiffs, ) & ih 22 Ame {> ly vs. ) C.A. No. 85-T=133 RR ® : < EN Ney CRENSHAW COUNTY, ALABAMA, et al., ) Arial te 7 iu “Cin " Ko > XP ly 4, Defendants. ) ff A 250 U2, < : A fe ( 2 Fa + 2 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