Plaintiffs' Discovery Request to Defendant David C. Treen Concerning Attorneys Fees

    [TED STATES DISTRICT COURT FOR THE 

OF LOUISIANA 

BARBARA MAJOR, et 

Plaintiffs, 

Civil Action No.82-1192 

Section 

DAVID CC. TREEN, etc. 

Defendants. 

PLEASE TAKE NOTICE that plaintiffs request, pursuant to 

Rules 33 and 34, Federal Rules of Civil Procedure, that Defendant 

David C.Treen, etc., et al., answer under oath within thirty {30) 

days of service hereof the following written interrogatories and 

produce the documents hereinafter described by attaching a copy 

of each such document to the responses to this discovery request 

or by making each such document available for inspesction and 

copying by plaintiffs' attorneys at ir office at 4U5 Van 

Antwerp Bldg., Mobile, Alabama, between the hours of 3:30 a.m. 

and 5:00 p.m. within (30) days of rvice of this discovery 

request. Responses to one interrogatory or part of an  



interrogatory may be incorporated by reference in response to 

other interrogatories if, and only if, the clarity and 

completeness of the response will not be compromised. If 

documents are attached to ithe responses to this discovery 

t, they should be marked to indicate the production request 

to which they are responsive. 

As used below, the word "documents" means any writing or 

other form of record in any medium including, but not limited to, 

agreements, books, letters, postcards, memoranda, 

committee reports, telegrams, handwritten notes, invoices, 

purchase orders, receipts, checks, periodicals, circulars, 

notices, pamphlets, statements, records, studies, telephone 

reports, correspondence, diaries, note pads, desk calendars, 

inter-office and personal interviews, inter-office 

communications, inter-office and internal communications 

schedules, data sheets, data processing cards, computer 

printouts, tape and disc recordings, minutes, directives, 

guidelines, regulations, log entries, call records and 

questionnaires. All preliminary notes and drafts, and any 

non-identical copy of a document (whether different from the 

original because of notes made upon the copy or otherwise) 

constitute separate documents. "Documents" include any such form 

of record, e.g. printed, typed, longhand, shorthand, on paper, 

tape, cards, ribbon, microfilm, film, or other forms, however,  



a 

by whomever produced or reproduced. As used in this discovery 

request, masculine pronouns are intended to refer to both men and 

women. 

In answering these interrogatories, you are required to 

furnish all information available to you, including information 

possession of your attorney or any person acting in your 

such information as 1s known of behalf, and not mere] 

your own personal knowledge. If you cannot answer any particular 

jnterrogatory or interrogatories in full after exercising due 

diligence to secure the information sought, so state and answer 

to the extent possible, specifying your inability to answer the 

remainder. 

If any document requested to be produced was, but no longer 

in defendants' possession or control or is no longer in 

existence, state whether it is: (a) missing or Jost, (Db) 

destroyed, (c) transferred voluntarily or involuntarily to others 

so, to whom, or (d) otherwise disposed of. In each 

instance explain the circumstances surrounding and the 

authorization for such disposition and state the approximate 

date. 

You are reminded that, under the provisions of Rule 26(e) of 

the Federal Rules of Civil Procedure, you are under a duty to 

seasonably supplement your response with respect to any question  



directly addressed to (a) the identity and location of persons 

having knowledge of discoverable matter and (b) the identity of 

each person expected to be called as an expert witness 

the subject matter on which he is expected to testify, 

substance of his testimony. 

You are further under a duty to seasonably amend a prior 

response if you obtain information upon the basis of which (a) 

you know that the response was incorrect when made, or (b) you 

know that the response, though correct when made, is no longer 

true, and the circumstances are such that a failure to amend the 

response is, in substance, a knowing concealment. 

As used herein, the term "Fee Request" refers to Plaintiffs 

for Attorneys' Fees and Expenses filed contemporaneously 

with this discovery request, including all attachments, exhibits 

and affidavits thereto. 

Identify all persons who devised or contributed any of 

the language used to answer these interrogatories and identify 

the particular interrogatory(ies) that each contributed to. 

2. Identify all persons with whom you, your employees, 

agents or attorneys consulted in the preparation of your answer 

to these interrogatories and identify the particular 

interrogatory(ies) that each consulted on.  



Identify each person whom you expect to call as an expert 

the attorneys' fees hearing in this action by 

esponding to the following: 

{ 
(a) Identify such person by name, address, occupation, 

and employer, and state the education and/or training that he has 

received upon which defendants intend to rely in establishing him 

4s an experi, 

the subject matter upon which he is expected 

State the substance of the facts and opinions to 

which he is expected to testify; 

(d) Give a summary of the grounds for each such fact 

and opinion listed above; 

(e) Provide a current copy of his curriculum vitae 

including a copy of any scholarly papers, including theses, 

dissertations, all published articles, books, and manuscript of 

description whatsoever. 

{fy Identify fully any papers, ivreatisce or any 

published work upon which he intends to rely in support of his J 

opinion and/or testimony. 

4. Give the name and address of each lawyer who has appeared  



as your counsel in this action, including any "in-house," staff 

or retained counsel. For each attorney so identified, please 

provide the following: 

The total number of hours expended by the attorney 

iitigetion; 

(b) The most recent and highest hourly rate(s) you have 

been billed by the attorney and the date of such bill(s); 

(c) The total fees you have been billed by the 

dittorney; 

(d) The total fees you have paid the attorney. 

Give the name and address of each paralegal or 

assistant who worked in your behalf in this litigation. For each 

person so identified, please provide the following: 

(a) Describe the type of work performed; 

(b) The number of hours of work; 

The total you have been billed for such work; 

The total you have been paid for such work; 

2) The rate of compensation. 

State the total expenses and costs you have paid  



associated with this litigation, whether billed directly to you 

or through your attorney and with an itemization showing the 

major items of expenses and costs. 

Produce each bill or statement for fees or expenses 

the defendants (whether from attorneys, consultants 

relating to the defense of this action. 

The following questions are based upon factors enunciated in 

Johnson v. Georgia Highway Express, Inc., 488 F.2d 714 (5th   

Cir.1974). You may wish to consult that opinion in your answers. 

' 

Please examine plaintiffs' fee request and state whether 

you contend that the number of hours claimed by plaintiffs’ 

attorneys is unreasonable. [If your response is in the 

affirmative, please respond to subparts (a) and (b) below; if 

your response is in the negative, proceed to the next 

interrogatory. 

(a) Identify specifically and separately each item in 
  

plaintiffs' attorneys' statements of time which defendants 

contend to be unreasonable, and also; 

i.) State each fact upon which defendant relies in 

support of that contention; and, 

te what amount of time, if any, defendants  



contend would have been reasonable to accomplish the work 

lawyer who has expended any time in 

representing defendants in this action, itemize the number of 

he has expended in the defense of the action from its 

commencement to the present, showing at least the day the work 

was performed, a description of the work and the amount of time 

expended each day. 

9. Do you contend that the customary hourly charge claimed 

by plaintiffs in the fee request is unreasonable, e.g., outside 

the range of fees normally charged by similarly experienced 

i 1 

attorneys in federal civil litigation? If your answer ¥s in the 

affirmative, answer the following subparts. 

+= 
) What do you contend to be the customary range for 

non-contingent hourly fees for similarly experienced attorneys in 

specialized federal civil litigation? State all facts in support 

of such contention and identify their source; 

"customary fee" should be applied in this 

(c) For each attorney who has represented you in this 

action, state the (1) highest, (2) lowest, and (3) average hourly 

billing rate for federal civil litigation (including any initial  



"retainers") during the last two years; 

(d) For any attorneys who appeared for you and were or 

are not partners in their law firm, state that attorney or 

attorneys' annual salary and number of hours billed for each of 

1 
last three years. 

rc 

lu. Do you contend that the following statement incorrectly 

reflects the practice among attorneys in New Orleans, Louisiana? 

Lawyers who are to be compensated only in the event of 

victory expect and are entitled to be paid more when 

successful than those who are assured of compensation 
Jones Vv.   : : 

1364, 1 

(a) Do you contend that this standard should not be 

i 

applied to plaintiffs’ fee request? 

(b) If your answer to either of the above questions is 

in the affirmative, please explain and state all facts upon which 

you rely and the source of 

Do you contend that many of the factual and legal issues 

raised in this case were not novel, difficult and at times 

matters of first impression? If so, please explain and state 

facts upon which you base such contention and the sources for 

sich facts.  



12. Do you contend that the attorneys representing the 

plaintiffs in this action do not have the professional skills 

requisite to perform the legal services properly? If so, please 

and state the facts upon whict ase such contention 

source of such facts. 

13. Do you contend that the acceptance of representation in 

litigation did not preclude plaintiffs' attorneys from 

employment in otherwise available legal representation? If 

explain and state the facts upon which you base such 

facis. 

Do you contend that this litigation did not impose any 

time limitations which would delay the plaintiffs' attorneys’ 

attention to other legal work? If so, please explain and 

facts upon which you base such contention and the 

source of such facts. 

15. Do you contend that plaintiffs did not obtain the relief 

1] 

requested and that such relief has an "across-the-board" effect 

for the entire class of black citizens? If so, please explain 

and state the facts upon which you base such contention and the 

source of such facts. 

16. Do you contend that the attorneys representing the 

plaintiffs are not experienced, enjoy a good professional  



reputation and are specialists in this type of litigation? 1f¥ 

so, please explain and state the facts upon which you base such 

contention and the source of such facts. 

17. Do you contend that the representation of plaintiffs in 

this action is not "undesirable" If so, please explain and state 

upon which you base such contention and the source of 

18. Do you contend that it is not common or reasonable 

practice for an attorney to reduce his hourly fee to a client of 

long-standing or a client who will presently or in the future 

generate a substantial amount of fee-generating work? If so, 

please explain and state the facts upon which you base such 

contention and the source of such facts. 

19. Do you contend that an awara of fees in this case should 

be governed by any different standards than those standards which 

prevail in other types of equally complex Federal litigation, 

such as antitrust cases? If so, please explain and state what 

standards you contend are appropriate and the facts upon which 

you base such contention. 

20. Do you contend that any of the expenses claimed by the 

4 
plaintiff are unreasonable? 

(a) Identify specifically which expense items you 
v p }  



contend to be unreasonable; and, 

How much, if any, 

21. How much do you contend 

plaintiffs to recover as (a) 

Respectfully submitted this 

you 

attorneys’ 

contend would be 

would be reasonable for 

fees and (b) expenses? 

~oqay of. = 

BLACKSHER, MENEFEE & 
405 Van Antwerp Bldg. 
P. 0. Box. 1051 

Alabama 
433-2000 

36633 Mobile, 

(205) 

J AER 8 SA { 
  

XRY T. MENEFEE / 

WILLIAM P. QUIGLEY 
STEVEN SCHECKMAN 
R. JAWES ¥XZ110GG 
QUIGLEY & SCHECKMAN 
631 St. Charles Avenue 

New Orleans, Louisiana 

(504) 524-0016 

70130 

STANLEY HALPIN 
2206 W. St.Mary 
Lafayette, Louisiana 
(318) 367-2207 

70506 

LANI 
LEGAL 
99 Hudson 
16th F100r 
New York, New 
(212) 219-1900 

GUINIER 

DEFENSE FUND 

Street 

York 10013 

reasonable 

STEIN, P. A. 

 



» 

ARMAND DERFNER 
58320 33rd S{reet. Y.W. 
Washington, D.C. 20015 
(202) 244-3151 

Attorneys for Plaintiffs 

CERTIFICATE OF SERVICE 
  

I hereby certify that a copy of the foregoing PLAINTIFFS’ 

DISCOVERY REQUEST TO DEFENDANT DAVID C. TREEN, etc., et al., 

CONCERNING ATTORNEY FEES was served upon the following counsel 

Of record: 

Patricia Bowers, Esq. 

Assistant Attorney General 
234 Loyola Avenue 
New Orleans, Louisiana 70112 

properly addressed and deposited in the United States | AN and was 

Mail, postage prepaid.