Order and Supplemental Order on Interim Attorney Fees

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UNITED STATES DISTRICT COURT oh 
WESTERN DISTRICT OF TEXAS !... fife 
MIDLAND/ODESSA DIVISION gy  fM 

LULAC COUNCIL #4434, et al,, 
Plaintiffs, 

VS. Civil Action No. 

MO 88 CA 154 

JIM MATTOX, et al., 
Defendants. LO

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ORDER ON INTERIM ATTORNEY FEES 

NOW COMES before this court the parties joint motion for interim attorney fees. 

Having reviewed the motion, the court is of the opinion that said motion 

should be GRANTED and enters the following order: 

1.) This case was filed on July 11, 1988 and after several extensions was finally 

tried in September of 1989. It is likely that besides the almost two years that 

this case has taken, it will take another two years before the appeal process 

through the Supreme Court is completed. 

2.) Congress and the United States Supreme Court have held that interim 

attorney fees are appropriate under 42 U.S.C. Sec. 1988. See Hanrahan V. 

Hampton, 446 U.S. 754, 757-58 (1980). 

3) The Fifth Circuit has held that an interim fee is appropriate to private 

attorneys where they have played a key role in vindicating the rights of 

plaintiffs, as a matter of public policy, in order to prevent a cash-flow problem 

for plaintiffs and their attorneys and to prevent the danger that defendants 

"may be tempted to seek victory through an economic war of attrition against 

the plaintiffs." James V. Stockham Valves & Fittings Co., 559. F. 2d. 310, 358-59 

(5th Cir. 1977) 

4) The Court recognizes that the attorneys for the plaintiffs and plaintiff- 

intervenors have achieved a successful judgment on the issuc of liability and 

the State of Texas agrees to pay an interim fee: 

 



It is therefore ORDERED that the State of Texas pay an interim attomeys' fee of 

$273,589.00 to Rolando L. Rios, attorney for the plaintiffs, to be distributed as 

follows: 

Rolando L. Rios $108,000.00 

William L. Garrett 

Gabrielle K. McDonald 

Edward B. Cloutman $ 28,089.00 

E. Brice Cunningham 

Brenda Hull Thompson 

TOTAL INTERIM FEE $273,589.00 

  

This fee does not include cost and expenses and constitutes 40% of the total 

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

September of 1989. Also, nothing in this order shall prejudice in any way the 

rights of the nonprivate plaintiffs’ attorneys from seeking attorney fees and 

costs as provided by law. 

orn ons J 
Lucius D. Bunton, 

/ Chief Judge 

  

 



UNITED STATES DISTRICT COURT 
WESTERN DISTRICT OF TEXAS 
MIDLAND/ODESSA DIVISION 

LULAC COUNCIL #4434, et al, 
Plaintiffs, 

VS. Civil Action No. 

i BAER MO 88 CA 154 

JIM MATTOX, et al., 
Defendants. 

ORDER ON INTERIM ATTORNEY FEES 

NOW COMES before this court the parties joint motion for interim attorney - fees. 

Having reviewed the motion, the court is of the opinion that said motion 

should be GRANTED and enters the following order: 

1.) This case was filed on July 11, 1988 and after several extensions was finally 

tried in September of 1989. It is likely that besides the almost two years that 

this case has taken, it will take another two years before the appeal process 

through the Supreme Court is completed. 

2.) Congress and the United States Supreme Court have held that interim 

attorney fees are appropriate under 42 U.S.C. Sec. 1988. See Hanrahan V. 

Hampton, 446 U.S. 754, 757-58 (1980). 

3.) The Fifth Circuit has held that an interim fee is appropriate to private 

attorneys where they have played a key role in vindicating the rights of 

plaintiffs, as a matter of public policy, in order to prevent a cash-flow problem 

for plaintiffs and their attorneys and to prevent the danger that defendants 

"may be tempted to seek victory through an economic war of attrition against 

the plaintiffs." James V. Stockham Valves & Fittings Co., 359 F. 24. 310, 353-59 

(5th Cir. 1977) 

4.) The Court recognizes that the attorneys for the plaintiffs and plaintiff- 

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

the State of Texas agrees to pay an interim fee:  



  

It is therefore ORDERED that the State of Texas pay an interim attorneys’ fee of 

$273,582.00 to Rolando L. Rios, attorney for the plaintiffs, to be distributed as 

follows: 

  

  

Rolando L. Rios $108,000.00 

William L. Garrett -------eee--- $ 90,000.00 

Gabrielle K. McDonald -------- $ 34,000.00 

Edward B. Cloutman --—---—- $ 28,089.00 

E. Brice Cunningham --------- $§ 4,500.00 

Brenda Hull Thompson ------- $ 95.000.00 

TOTAL INTERIM FEE $273,589.00 

This fee does not include cost and expenses and constitutes 40% of the total 

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

September of 1989. Also, nothing in this order shall prejudice in any way the 

rights of the nonprivate plaintiffs’ attorneys from seeking attorney fees and 

costs as provided by law. 

SIGNED AND ENTERED this day of March, 1990. 

  

Lucius D. Bunton, 

Chief Judge 

 



  

® ¢ NEE EG a 
h] » 

IN THE UNITED STATES DISTRICT COURT i 
FOR THE WESTERN DISTRICT OF TEXA$ip /{ 3 su nil 'S0 

MIDLAND-ODESSA DIVISION 
U.5 . i 

LULAC COUNCIL #4434, et al BY : 

oa Hd DEPUTY ) 
) 

V. ) MO-88~CA~154 
) 
) JIM MATTOX, et al. 

SUPPLEMENTAL ORDER ON (INTERIM ATTORNEY FEES 

IT HAS COME TO THE COURT'S ATTENTION that ite previously- 

entered Order on Interim Attornev’'s Fees failed to specifically 

designate Bob Bullock on behalf oI the State of Texas. The Court 

wishes to correct this omission and will do so bv vacating its 

previous Order and entering this Supplemental Order on Interim 

Attorney Fees. Accordingly, 

IT IS ORDERED this Court’s previously-entered Order on 

Interim Attorney Fees in the above-captioned cause is hereby 

VACATED. 

IT IS FURTHER CRDERED that Bob Bullock, on behalf of the 

State of Texas as its Comptroller, pay an interim attorney's fee 

of $273,589.00 to Rolando L. Rios, attorney for the Plaintiffs, 

to be distributed as follows: 

Rolando L. Rios $108,000.00 
William L. Garrett 90,000.00 

Gabrielle K. McDonald 34,000.00 

Edward B. Cloutman 28,089.00 
E. Brice Cunningham 4,500.00 
Brenda Hull Thcmpson —— 000.00 

A $273,589.00 

ie 
SIGNED AND ENTERED this dav of March, 1990. 

  

”" Wom 
  

UCIUS ID). BUNTON, CHIEF JUDGE 

 



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bl GIR IY Al 

UNITED STATES DISTRICT COURT 
WESTERN DISTRICT OF TEXAS 
MIDLAND/ODESSA DIVISION gy 2M 

LULAC COUNCIL #4434, et al., 

Plaintiffs, 

VS. Civil Action No. 

MO 88 CA 154 

JIM MATTOX, et al., 
Defendants. 

ORDER ON INTERIM ATTORNEY FEES 

NOW COMES before this court the parties joint motion for interim attorney fees. 

Having reviewed the motion, the court is of the opinion that said motion 

should be GRANTED and enters the following order: 

1.) This case was filed on July 11, 1988 and after several extensions was finally 

tried in September of 1989. It is likely that besides the almost two years that 

this case has taken, it will take another two years before the appeal process 

through the Supreme Court is completed. 

2.) Congress and the United States Supreme Court have held that interim 

attorney fees are appropriate under 42 U.S.C. Sec. 1988. See Hanrahan V. 

Hampton, 446 U.S. 754, 757-58 (1980). 

3.) The Fifth Circuit has held that an interim fee is appropriate to private 

attorneys where they have played a key role in vindicating the rights of 

plaintiffs, as a matter of public policy, in order to prevent a cash-flow problem 

for plaintiffs and their attorneys and to prevent the danger that defendants 

"may be tempted to seek victory through an economic war of attrition against 

the plaintiffs." James V. Stockham Valves & Fittings Co., 559 F. 2d. 310, 33%-39 

(5th Cir. 1977) 

4) The Court recognizes that the attorneys for the plaintiffs and plaintiff- 

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

the State of Texas agrees to pay an interim fee:  



  

It is therefore ORDERED that the State of Texas pay an interim attorneys’ fee of 

$273,589.00 to Rolando L. Rios, attorney for the plaintiffs, to be distributed as 

follows: 

  

Rolando L. Rios =  ----------o--- $108,000.00 

William L. Garrett ------------- $ 950,000.00 

Gabrielle K. McDonald -------- $ 34,000.00 

Edward B. Cloutman  ---------- $ 28,085.00 

E. Brice Cunningham --------- $ 4,500.00 

Brenda Hull Thompson ------- $ 9,000.00 

TOTAL INTERIM FEE $273,589.00 

This fee does not include cost and expenses and constitutes 40% of the total 

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

September of 1989. Also, nothing in this order shall prejudice in any way the 

rights of the nonprivate plaintiffs’ attorneys from seeking attorney fees and 

costs as provided by law. A 

yf : 
: © - A SIGNED AND ENTERED this _ 29 4 of Ga / 7 ott 

—r fig FH —. 

Jet AK ony CA —~_ 
  

/ Lucius D. Bunton, 
Chief Judge 

 



  

7:88—-CV-00154 

SHERRILYN IFILL, ESQ. SM 

NAACP LEGAL DEFENSE & EDUCATION FUND 
16TH FLOOR 

99 HUDSON ST. 
NEW YORK, NY 10013