Compromise and Settlement Agreement with Talladega County Defendants Regarding Fees and Expenses; Judgement and Order Approving Pro Tanto Settlement Re Talladega County

    N THE UNI 
FOR THE MIDD 

{ORTHERN DIVISION   

JOHNNDILLARD, ET AL., 

PlaintisfTs, 

CIVIL ACTION NGC. CV 85-T-1332-N 

CRENSHAW COUNTY, ALABAMA 
EY es 

Defendants 

COMPROMISE AND SETTLEMENT AGREEMENT WITH TALLADEGA 

COUNTY DEFENDANTS REGARDING FEES AND EXPENSES   

{ This compromise and settlement agreement ("agreement") 

is entered into by and between named plaintiffs ana the following 

defendants: Talladega County, qua county, Derrell Hann in his 

in his official capacity as Lircult Clerk of Talladega County, 

and ‘Jerry Studdard in his Official capacity as Sherif 

Talladega County (hereinafter referred to collectively as 

WHEREAS, the foregoing complaint was filed November 12, 

1985, pursuant 19 provisions of the Voting Rights Act, 42 u.s5.C., 

sections 1873, et seq... against Crenshaw Lounty ana others, said 

cause being amended December 19, 1985 to include by class 

certification Talladega defendants and other county groups; and 

WHEREAS, a settlement and agreement was reached by and 

 



  

court and approvec¢ by the Justice Department, with final approval 

by the court on December 11, 1986; and 

WHEREAS, plaintiffs thereafter continued with the said 

cause against other counties and defendants resulting in final 

orders against remaining counties being entered by the court, and 

WHEREAS, plaintiffs filed a motion for award of 

attorneys fees and expenses with the court on or about November 

20, 1986: and 

, plaintiffs and Talladega defendants have 

agreed to settle their differences as to attorney fees and 

OO
 expenses pro tanto reserving all right of plaintiffs to proceed 

  

With their motion against all remaining parties to this cause of 

action. 

NCW THEREFORE, in consideration of the promises and 

agreements of the parties, each to the other as set forth in this 

pro tanto settlement, it is hereby agreed as follows:   

1. Talladega County defendants shall pay to plaintiffs 

the sum of $33,500.00 for attorney fees and expenses incurred to 

this date. This shall be satisfied by payment in two equal parts 

of $16,750.00 each. The first pavment shall he naid promptly and LJ WN 
vi 

the second payment shall be paid on or before January 15, 1988 

with interest accruing at six percent per annum on the unpaid 

balance. 

Plaintiffs do hereby for themselves, their heirs, no
 

executors, administrators and assigns, release, acquit, and 

discharge Talladega defendants, their successors and assigns from 

 



any and all claims for attorney fees, costs of court and 

  

expenses, arising out of or connected with the matters and 

occurrences made the basis of this cause of action to date, 

provided, however, that this release does not nor is it intended 

to operate. .&s ‘a release oredischarge for the liability of any 

her party. 

Ww
 

gi ce
d 

oy
 

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 3 

id
 i ffs specifically reserve the right to pursue 

said action against all other defendants to this cause or any 

+A enn 
LiiC ot 

hh ~~ nn an Gi 

which may be liable to them for such fees, costs or expenses and 

to seek to recover therefrom the full amounts claimed. 

  Submitted this the Ge Zay of [Paw dl. , 1986. 

BLACKSHER, MENEFEE & STEIN 
Fifth Floor Title Building 
3060 Twenty-First Street North 
Birmingham, Alabama 35203 
(205) 322-7300 

  
ON 2 | 
9) Y o - A" a — 

TERRY G. DAVIS 
SEAY & DAVIS 
732 Carter Hill Road 
P.G. Box 5125 
fiontgomery, Alabama 361056 
(205) 834-2000 

  

“3 

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DEBORAH FINS 
JULIUS L. CHAMBERS 
NAACP LEGAL DEFENSE FUND 
G9 Hudson Street, 16th Floor 
Mew York, New York 10013 
(212) 219-1800 

FDHARD STILL 
REEVES & STILL 
714 South 28th Street 
Birmingham, Alabama 35233-2810 
(205) 322-6631 

REO KIRKLAND, JR. 

307 bye rgreen Avenue 

P.O. Box 645 

Brewton, Alabama 36427 
(205) 867-5711 

  

PROCTOR & VAUGHT! 
121 North Norton Avenue 
Sylacauga, Alabama 3515C 

P 32 ArT F 

BY Plt ai 2 = 
Barry D. Yaugh 

Attorney for Talladega County 
Defencants 

  

This 1s to certify that a copy of the foregoing has 

been served upon the following by depositing same in the United 

States Mail, postage prepaid or by Federal Express, on this the 

  

  

 



  

H. R. Burnham, Fsqg. James W. Webb 

Herbert D. Jones, ar., £54. EBB, CRUNMPTOMN & MCGREGOR 
BURMHAN, KLINEFELTER, BALSTY, 66 Commerce Street 

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JONES & CARTER “0. 
401 SouthTrust Bank Building ontgomery, AL 365633 
P.O. Box 1518 ESCAMBIA COUNTY) 
Anniston, Alabama 356202 

(CALHOUN CQUNTY ph —
_
 

pavid B. Boyd, Tsg¢ BD. L. farting tsa 
BALCH & BINGHAN 215 South Main Street 
2 Dexter Avenue Pioulton, AL 35650 
P.O. Hox?J7& (LAWRENCE COUNTY, SMITH & LIGON) 
Montgomery, Alabama 3€101 
(LAWRENCE COUNTY, SMITH & LIGON) 

hn A. Nichods, E 
GHTFOOT, MICHOLS & SMYTH 
icken Building 

LD. Box 215 
uverne, Alabama 3 
CRENSHAW COUNTY 1 

W.:0, Kirk, Nr., fsg. J 
CURRY & KIRK L 
Phoenix Avenue B 
P.0. Box A-B P 
Carrollfon, A} : ) L 

(PICKENS COUNTY ( 

t
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)
 

- 

Jack Floyd, Esq. Rick Harvis, Esq 
FLOYD, KEENER & CUSHIAKO MOORE, KENDRICK, GLASSROTH, 
816 Chestnut Street HARRIS, BUSH & WHITE 
Gadsden, AL 35G¢¢ 410 S. Perry Street 
(ETOWAH COUNTY) P.0. Box 910 

Montgomery, Alabama 36102 
(CRENSHAW COUNTY) 

Warren Rowe, Esq 
ROWE & SAUYER 
119 E. College Avenue 
P.O. Box 150 
Enterprise, AL 36331 
{COFFEE COUNTY) 

PRCCTOR & VAUGHN 

  

A : a p, . 
BY SE ii SE © pe 

5 7 i 
J 

 



  

INSTHE UNITED STATES DISTRICT COURT 
FOR THE MIDDLE DISTRICT OF ALABAMA 

NORTHERN DIVISION   

JOHN DILLARD, ET AL., ) 
) 

Plaintiffs, ) 
) 

Vv. }* CIVIL ACTION NO. CY 85-T-1332-N 
) 

CRENSHAW COUNTY, ALABAMA ) 
ET ALY ) 

) 
) Defendants. 

  JUDGMENT AND ORDER APPROVING PRO TANTO SETTLEMENT 
OF FEES AND EXPENSES REGARDING TALLADEGA COUNTY 
  

This matter comes to be heard on agreement and 

settlement pro tanto filed by plaintiffs and Talladega County 
i v - J   

defendants. 

The court being of the opinion that the agreement and 

settlement is fair and satisfactory, and the court being 

satisfied that the agreement is the voluntary act of both 

parties, it is hereby 

CRDERED, ADJUDGED and DECREED that the settlement 

agreement filed with the court by and between Talladega County 

The court notes and approves that plaintiffs have reserved unto 

themselves the right to proceed for attorney fees, costs and 

expenses against all other parties to the action, said 

reservation being approved by the court. 

JUDGMENT 1s hereby entered in favor of the Plaintiffs 

 



  

John Dillard, et a1. and against Talladega County, qua county; 

Derrell Hann in his official capacity as Probate Judge of 

Talladega County, Sam Grice in his official capacity as Circuit 

Clerk of Talladega County, and Jerry Studdard in his official 

capacity as Sheriff of Talladega County in the amount of 

of $16,750.00, one payment to be paid promptly and the other to 

J anuary 15, 19888 together with 6% interest 

cn the unpaid balance 

ENTERED and ORDERED this the i day of 

. J886   

  
UNITED STATES DISTRICT JUDGE