Dillard v. City of Elba Plaintiffs' Motion for Award of Attorneys' Fees; Statement of James U. Blacksher Under Penalty of Perjury
Public Court Documents
August 31, 1993
22 pages
Cite this item
-
Case Files, Dillard v. Crenshaw County Hardbacks. Dillard v. City of Elba Plaintiffs' Motion for Award of Attorneys' Fees; Statement of James U. Blacksher Under Penalty of Perjury, 1993. c1a5b598-b7d8-ef11-a730-7c1e5247dfc0. LDF Archives, Thurgood Marshall Institute. https://ldfrecollection.org/archives/archives-search/archives-item/9aafd56f-06d9-4d23-9328-09218e334417/dillard-v-city-of-elba-plaintiffs-motion-for-award-of-attorneys-fees-statement-of-james-u-blacksher-under-penalty-of-perjury. Accessed December 18, 2025.
Copied!
a G 1
(Ae
%
IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
JOHN DILLARD, et al.,
Plaintiffs,
Ve CIVIL ACTION
No. 87-T7-1201~N
CITY OF ELBA,
Defendants.
PLAINTIFFS’ MOTION FOR AWARD OF ATTORNEYS’ FEES
Plaintiffs John Dillard, et al., through undersigned
counsel, pursuant to this Court’s Judgment and Injunction of July
28, 1993, move the Court for an award of attorneys’ fees and
expenses connected with the prosecution of the claims set out in
their motion for additional relief and related matters. As
grounds for their motion, plaintiffs would show as follows:
l. Said judgment and injunction of July 28, 1993, granted
plaintiffs full relief and ruled that they were prevailing
parties entitled to an award of attorneys’ fees and expenses, to
which plaintiffs are entitled under 42 U.S.C. sections 19731 and
1988.
2. Attached hereto is the affidavit of undersigned counsel,
on behalf of himself and Edward Still, both of whom represented
the plaintiffs in this action, and which detail the time expended
by them in connection with these proceedings:
Attorney Hours
James U. Blacksher 18.60
-
"
~
Edward Still 4.40
3. Plaintiffs’ attorneys have incurred expenses in the
following amounts:
James U. Blacksher $83.82
Edward Still $4.64"
4. Plaintiffs’ attorneys undertook this action on an
entirely contingent fee basis. That is to say, plaintiffs’
attorneys were not entitled to receive compensation unless and
until they prevailed and recovered fees pursuant to a court
award. Representing plaintiffs in civil rights litigation is
still considered undesirable by many members of the Alabama Bar.
Voting rights litigation is a specialized area of law, and
plaintiffs’ attorneys have extensive experience and possess
special expertise in this area. Plaintiffs’ attorneys have
obtained complete relief for their clients and have protected
important federal voting rights for black citizens.
5. The affidavits of Mr. Blacksher attached hereto reflect
the attorneys’ customary hourly billing rate in this action.
Consent decrees approved by the Court have included fees computed
at these rates. In other voting rights litigation, plaintiffs’
attorneys have been awarded $300 per hour in a contested and
adjudicated order. Lawrence v. City of Talladega, CA No. 91-C-
1340-M (N.D. Ala., May 17, 1993). A higher rate of $350 per hour
is justified in this action because of the economies of time and
! This includes $4.00 from Mr. Still’s general Dillard 4
expenses.
resources provided by plaintiffs’ undertaking to enforce
redistricting in approximately 70 local jurisdictions. The
undesirability of this litigation, the difficulty and novelty of
the questions presented, the ability and expertise of plaintiffs’
attorneys, the results obtained, the number of hours expended,
and the customary hourly rates charged by these attorneys justify
recovery of the following fees and expenses:
FEES
Name Hours Hourly rate Total
James U. Blacksher 18.60 $350 $6,510.00
Edward Still 4.40 $350 $1,540.00
Total 43.75 $8,050.00
EXPENSES
James U. Blacksher $83.81
Edward Still S$ 4.64
Demographer expenses $375.00
Total expenses $463.45
TOTAL FEES AND EXPENSES: $8,513.45
WHEREFORE, plaintiffs pray that this Court will enter a
judgment in their favor against the defendant City of Elba in the
amount of $8,513.45.
Respectfully submitted this 31st day of August, 1993.
Edward Still
714 South 29th Street h Floor Title Bldg.
Birmingham, AL 35233-2810 300 21st Street North
205/322-6631 Birmingham, AL 35203
205/322-1100
JULIUS L. CHAMBERS
SHERRILYN IFILL
99 Hudson Street
New York, NY 10013
212/219-1900
Attorneys for Plaintiffs
CERTIFICATE OF SERVICE
the undersigned attorney, do hereby certify that on
RI Miz » 1993, I mailed or delivered a copy of the
foregoing %o the following counsel of record:
Mort P. Ames, Esq., Assistant Attorney General, Alabama State
House, 11 South Union St., Montgomery AL 36130;
Mark Vaughn, P.O. Drawer E, Elba, AL 36323.
ames U. Blacksher
IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
JOHN DILLARD, et al.,
Plaintiffs,
Ve. CIVIL ACTION
No. 87-T-1201-N
CITY OF ELBA,
Defendants.
STATEMENT OF JAMES U. BLACKSHER UNDER PENALTY OF PERJURY
I, James U. Blacksher, declare under penalty of perjury,
pursuant to 28 U.S.C. sec. 1746, as follows:
l. I am one of the attorneys for plaintiffs in this action
and have been since the beginning of the litigation. Edward
Still has been my cocounsel from the beginning as well.
2. I was admitted to practice in 1971. I served 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 in Birmingham, Alabama.
The entirety of my practice consists of federal civil litigation
in the areas of voting rights and civil rights law. Mr. Still
also was admitted to practice in 1971, and his practice has been
similar to mine. Both of us participated in most of the major
voting rights cases in Alabama, and in several important cases in
the U.S. Supreme Court. We have special expertise in the voting
rights area.
4. Our current hourly billing rate for voting rights
litigation is $350 plus out-of-pocket expenses. This rate is
consistent with the rates we have been awarded by agreement in
this action and with rates adjudicated in other voting rights
cases in this Court and in the Northern District of Alabama.
5. Attached hereto are copies of our time and expense
reports for the above styled aspects of this case. All time was
contemporaneously recorded and entered into a computer database.
These reports are divided into time expended entirely on the City
of Elba case and time expended generally on Dillard 4, which
cannot be assigned to any particular jurisdiction. We have
assigned four hours of Mr. Still’s general time and three hours
of my general time to Elba. In addition, our demographers are
entitled to be paid for 5.0 hours at $75 per hour for the time
spent preparing the redistricting plan eventually adopted by the
Court.
6. We handled this matter on a contingent basis with the
understanding that our sole source of fee would be a court-
awarded fee if we prevailed.
I declare under penalty of perjury that the foregoing is
SU (Labelle _
(Jgmes~U. Blacksher
true and correct.
Executed this 3( day of due Lr 1993,
Page No.
08/30/93
DATE
04/27/92
06/09/92
08/11/92
11/20/92
11/27/92
12/07/92
12/08/92
01/14/93
01/15/93
01/20/93
01/21/93
01/26/93
02/01/93
02/02/93
05/24/93
08/20/93
*k* Total ***
1 Dillard v. City of Elba
JAMES U. BLACKSHER, ATTORNEY
DESCRIPTION OF SERVICES
Fon Still/review response to order/LT Gray
Review file/prepare objection for malapportionment
Prepare settlement documents/fon Gray/review
correspondence
Review file/LT Judge Thompson notifying him case is
ready for trial
Study magistrate scheduling order, review file/LT
Gray re same
Travel to-from Montgy/confs Gray, Vaughn, clients,
Judge Coody
Review sked order/LT Gray re same
Fon Vaughn re preparation for hearing/LT Gray re
same
Fon Stokes, Gray re redistricting, new elections
Fon Stokes re settlement, preparation for hearing
Fons Stokes, Gray re preparation for hearing,
settlement
Fon Gray re hearing
Fons Gray, Stokes re hearing
Travel to-from Montgomery/confs clients,
witness/prepare, attend hearing before magistrate
Review file, prepare letter to magistrate re pending
ruling
Study correspondence from Vaughn/fons Vaughn, Gray
re election sked
93jimb-All Accounts
8/31/93
dillard
1/ 1/91 Through 8/31/93
Dillard 4-
Inc/Exp Description Elba-
INCOME /EXPENSE
EXPENSES
Auto-Automobile Expenses -49.14
Litigation-:
Meals & Tips- -34.67
Total Litigation- -34.67
TOTAL EXPENSES -83.81
TOTAL INCOME/EXPENSE 83.81
Page 1
Page No.
08/31/93
DATE
12/13/91
12/16/91
12/20/91
12/26/91
01/02/92
01/06/92
01/07/92
01/22/92
01/29/92
01/30/92
02/04/92
01/14/92
02/19/92
02/20/92
02/24/92
02/26/92
02/27/92
03/06/92
03/10/92
03/17/92
04/02/92
04/08/92
04/10/92
04/14/92
04/15/92
04/23/92
04/27/92
05/04/92
05/21/92
05/25/92
05/27/92
1 Dillard 4 general time
JAMES U. BLACKSHER, ATTORNEY
DESCRIPTION OF SERVICES
Conf Still, fon Gray re status all jurisdictions,
preparation of motion for additional relief
Study documents from Gray re redistricting
activity/prepare database/fon Gray
Conf Still re organizing jurisdictions/review final
orders
Study documents
Conf Still re status of redistricting
Fon Still/study summary of status of redistricting
Fon Still, Gray re status redistricting
Prepare motion additional relief and proposed
order/fon Still
Fon Nathan Watkins re Livingston redistricting,
students, etc./fon Gray/research, draft ltr to NW
Study correspondence fm Brewton, Atmore, Flomaton,
Lee BOE/fon Gray,Still re proposed districts
Fon Nathan Watkins (Livingston), Still/study new
pleadings, correspondence
Fon Still/study new pleadings, analyze plans
Fon Atty Rogers of Courtland re how to handle
redistricting, etc.
Study new pleadings/fon Still/draft motion to join
Attorney General as additional party
Study new pleadings/fon Still re responses
Study new pleadings/fon Waldo attorney, Still
Fon Still, Gray/draft letter to Presley, Gray
Fon Ervin, Thrasher, Gray, Still/study new pleadings
Conf Still, Ames re report to court
Study new pleadings/Ames proposal/fon Still
Fon Still, clerk, Ames re scheduling conf w/judge
Travel to-from Montgomery & confs Still re status,
organization, etc/confs Judge, Ames re order
Conf Still/fon Gray re response to court order
scheduling compliance reports
Fon Still, Gray re compliance with order
Conf Still re dividing up jurisdiction/operation of
data base
Travel to Montgomery/conf Still, Gray, Brantley re
responding jurisdictions
Fon Still re reports to court, consent decrees, etc.
Fon Gray reviewing status of several plans
Review pleadings, update database, etc.
Review new orders, pleadings, correspondence
Fon Gray re review of many jurisdictions
HOURS
Page No. 2 Dillard 4 general time
08/31/93
JAMES U. BLACKSHER, ATTORNEY
DATE DESCRIPTION OF SERVICES HOURS
05/28/92 Travel to-from Montgomery/conf Gray re new plans, 4.00
pending jurisdictions
06/02/92 Review new correspondence, pleadings/fon Still re 0.50
form of consent decree where preclearance okay
06/03/92 Fon Gray re status of jurisdictions/review 0.50
correspondence, pleadings
06/05/92 Fon Sinkfield re status/review correspondence, 0.50
pleadings
06/08/92 Fon Gray to review status of all cases 1.80
06/11/92 Conf Gray, Sinkfield Montgy re new plans several 1.50
jurisdictions
06/16/92 Review correspondence, pleadings/fon office/review 1.50
status of jurisdictions
06/17/92 Fon Proll/review pleadings and correspondence/log 0.80
entries
06/29/92 Fon Still re status of pending cases, 1.30
etc./maintenance on database
07/01/92 Fon Still, Gray re status of all cases 1.30
07/02/92 Review correspondence, pleadings 0.30
07/06/92 Review status of jurisdictions/fon Gray re same 1.80
07/07/92 Review status jurisdictions, correspondence, 0.80
pleadings/fon Still re same
07/09/92 Review correspondence, pleadings 0.30
07/14/92 Review correspondence, pleadings 0,30
07/17/92 Review correspondence all cases 1.50
07/20/92 Study correspondence/fon Still re various issues and 0.50
procedures
07/21/92 Fon Gray and review all jurisdictions 1.00
07/22/92 Review pleadings, orders and correspondence/fon 0.50
Still re same
07/28/92 Review correspondence, pleadings, orders 0.50
07/29/92 Review correspondence, pleadings and orders 0.80
08/10/92 Review correspondence, pleadings 0.50
08/26/92 Review correspondence, orders 0.50
08/31/92 Fon Gray re municipal elections/review 0.80
correspondence, pleadings
09/17/92 Review status cases/fon Gray re same 0.80
10/21/92 Review status of cases 0.50
10/26/92 Conf Still re status/review status cases 0.80
10/27/92 Review status of cases 1.30
10/28/92 Review status of cases, LT clerk, Gray re 2.00
outstanding matters
11/03/92 Research new legal literature re theory of 2.00
representation
Page No.
08/31/93
DATE
11/16/92
11/18/92
11/20/92
12/16/92
12/18/92
12/21/92
12/22/92
01/05/93
01/06/93
02/04/93
05/14/93
05/19/93
05/20/93
05/24/93
06/01/93
* % %* Total * % %
3 Dillard 4 general time
JAMES U. BLACKSHER, ATTORNEY
DESCRIPTION OF SERVICES
LF Vaughn re typo in Talladega CC decree/prepare and
send corrected decree to clerk
Conf call Still, Gray re case status, fees, etc.
Review status of cases/draft memo to Gray re same
Review Still‘’s list of preclearance
submissions/draft model letter/review files
Review files/draft letters reminding counsel of
preclearance deadline
Fons counsel for Geneva, Florala, Frisco City re
preclearance
Fon Newton clerk/study LF McKinley re Thomasville
preclearance
Conf, fon Still/review status of all cases
Review status outstanding cases
Study Frisco sec. 5 submission/LT Elbrecht
Check status of cases IAW judge’s letter requesting
status report
Review status of pending cases
Review status of cases/fon Still re same
Fons Gray, Still re preparing report to court on
status of cases/conf Still re same
Review order denying motion for additional relief
w/o prejudice and enter in data base
84.80
TIME AND EXPENSES REPORT FOR Dillard (1992 election) ELBA
Edward Still
date hrs work done
04/13/92 0.20 call from Mark Vaughan
04/15/92 0.10 letter from Vaughan
04/27/92 0.10 received pleading
0.40 hours
EXPENSES:
date amt for
02/25/92 $0.64 phone
$0.64
TIME AND
Edward
date
12/13/91
12/17/91
12/18/91
12/19/91
12/20/91
12/30/91
12/31/91
01/16/92
01/17/92
01/22/92
01/23/92
01/31/92
02/04/92
02/06/92
02/06/92
02/07/92
02/11/92
02/14/92
02/17/92
EXPENSES REPORT FOR Dillard (1992 election) General
Still
hrs
3.00
work done
conference with Blacksher; telephone conference
with Gray re: status of cases
analyzing files in preparation for follow-up
analyzing data on past plans
analysis of files
analysis of files
analyzing post-census changes
analyzing post-census changes
telephone conference with Blacksher; revising
list of contacts
telephone conference with
municipalities’ elections
Gray; checking on
preparing motion for 1992 elections
revising Motion and Order; letter to clerk
revising database to keep up with new data
letters re: state Ariton, Fayette,
letter from Reid, letter to Reid re: Mt.
Vernon; telephone conference with Blacksher re:
handling jurisdiction which have checked 1990
census
received Greensboro pleading; letter to Court
re: same; prepared motion dismissing
Greensboro, Brewton, and Mt. Vernon
reviewing files and entering notes on those
which have responded
letter to clerk with lists of attorneys; letter
from Ames re: his liaison status
telephone conference with Blacksher re: Leeds;
reviewed pleadings re: Leeds
revised motion to withdraw
02/18/92
02/18/92
02/21/92
02/24/92
02/25/92
02/26/92
02/27/92
03/02/92
03/03/92
03/05/92
03/06/92
03/08/92
03/09/92
03/10/92
03/11/92
03/12/92
03/13/92
03/16/92
3.40
reviewing additional list of counsel
reviewing letter from clerk re: additional
counsel
revising motion to add Attorney General;
updating notes
telephone conference with Blacksher; drafting
responses
reviewing orders from Court
reviewing pleadings from Georgiana; checked Sec
5 submission list
telephone conference with and letter to Gray
prepared motion regarding Opp
received order to AG to show cause; received
several orders re: counsel withdrawing;
received and reviewed Sec 5 submission list
telephone conference with Ames; preparing
summary of notes for him
telephone conferences with Blacksher and Ames
re: Attorney General participation
preparing analysis of all responses received for
conference with Attorney General
letter to counsel for all status N and ©
jurisdictions about data needed; letters to
counsel for selected status J and L
jurisdictions re same; preparing for meeting
with Attorney General
conference with Mort Ames
letter to clerk and Ames re: attorneys
telephone conference with Rod Clark;
response to court on how to proceed;
with JUB re: same; sent proposal to
telephone conference with Ames
preparing
conference
Ames;
preparing report to court
telephone conference with Ames
03/16/92
03/17/92
03/18/92
03/19/92
03/23/92
03/25/92
03/30/92
03/30/92
03/31/92
04/01/92
04/03/92
04/06/92
04/07/92
04/08/92
04/09/92
04/09/92
04/10/92
04/14/92
04/14/92
reviewing Attorney General brief; telephone
conference with JUB
telephone conference with JUB re:
Ames
proposal from
telephone conference with Ames re: report to
court; revising report as per negotiations with
Ames; letter to Ames
telephone conference with Ames; revising report
to court
telephone conference with JUB re: general
approach; telephone conference and letter to
Gray re: offer of modified at large plans
letter to Ames with copies of recent
correspondence to other counsel
Valley:
JUB
letter from Jones; letter to Gray and
reviewing section 5 submission list
work on consent decree forms to be used with all
jurisdictions; telephone conference with JUB re:
same
revising general form consent decree
general review of status group K and M
preparing letters to L, N, and O jurisdictions
re LV and CV
preparing documents for Judge Thompson
trip to Montgomery for conference with judge and
Ames; revising proposed order
revising data for use by JUB and LP
Valley: received order
revising data base for use by JUB; letter to all
counsel
telephone conference with JUB re settlements;
revising settlement papers
telephone conference with Ames; revising billing
3
04/15/92
04/16/92
04/21/92
04/22/92
04/22/92
04/23/92
04/23/92
04/24/92
04/29/92
04/30/92
05/01/92
05/04/92
05/05/92
05/08/92
05/11/92
05/12/92
database to facilitate settlements of fees
conference with JUB and Proll re: new database;
telephone conference with JUB and Gray re:
logistics; preparing deadlines report for
database
letter to Gray and JUB re:
responses
deadlines for our
revising early time records to divide among
appropriate jurisdictions
revising early time records to divide among
appropriate jurisdictions
updating all copies of database with new data
added to each
travel to Montgomery for conference with Gray
and JUB re: how to handle cases and which plans
to approve (travel split with Mack)
revising early time records
revising early time records
revising database to make more functional;
reviewing counties and BOEs to determine if all
have filed plan
updating Blacksher and Still versions of
database
revising, correcting database; reviewing list of
jurisdictions with Gray
conference with Blacksher
conference with Gray re: groups of
jurisdictions; travel (split with Dillard
Greensboro)
revising datatbase structure to include
magistrate and additional status groups
telephone conference with Magistrate Judges and
Ames
telephone conference with Blacksher re: form of
proposed settlements; devising fast data entry
method
05/13/92
05/13/92
05/14/92
05/15/92
05/22/92
05/25/92
06/05/92
06/23/92
06/25/92
06/29/92
06/30/92
07/01/92
07/06/92
07/08/92
07/10/92
07/13/92
07/14/92
07/15/92
07/20/92
07/22/92
updating (combining) Blacksher and Still
versions of database
general review of all files
research (recent VRA cases); telephone
conference with Boyd re: dismissal; telephone
conference with JUB re: same
letter to Judge re: magistrate assignments
received several consent decrees; noted fees
owed
received several consent decree; noted fees due
updating databases
telephone conference with Blacksher, Gray
doing a general check on all my jurisdictions
telephone conference with Blacksher; updating
databases
revising database; checking all cases for status
telephone conference with Gray re: our reaction
to many plans; telephone conference with JUB re:
database problem
telephone conference with Gray about multiple
jurisdictions
telephone conference with Gray re:
plans he is to send me
several
revising settlement documents to handle changed
election dates
general review of all jurisdictions
telephone conference with Blacksher
telephone conference with Sinkfield
telephone conference with Blacksher re:
Carstarphen and changes in decree for moved
elections
reviewing all jurisdictions
general review of all jurisdictions; letter to
Rosenbaum about those that will be changing
telephone conference with Phil Pierce (B’ham
conference with Blacksher; review of all cases
letter to counsel for jurisdiction late in
steps to take on
reviewing expert’s time report
preparing analysis of fees received so far;
preparing list of jurisdictions needing
preclearance for James U. Blacksher
entering data re: preclearances; checking on
checking database for preclearance of JUB’s
telephone conference with Blacksher re: our
checking on preclearances still needed
status of about
30 jurisdictions; preparing quick report; letter
checking preclearnaces; letter to McDowell
checking cases on Judge Thompson’s list
conference with Blacksher; telephone conference
status report
status of cases
07/29/92" 1.00
plans this year
08/19/92 0.60
News)
10/07/92. .1.70
for general update
10/23/92 0.50
paying fees
10/26/92 1.00 conference with Blacksher re:
non-settled jurisdictions
10/30/92 0.30
12/08/92 0.75
letter to Gray
12/15/92 0.20
12/18/92 0.50
non-precleared jurisdictions
01/05/93 0.25
cases
01/22/93 0.20
policy on dismissals
04/16/93 0.40
05/12/93 0.60 letter from Judge Thompson re:
to Gray and Blacksher
05/17/93 0.60
05/22/93 1.10
05/24/93 0.80
with Blacksher and Gray re:
05/25/93 0.30 letter to Judge Thompson re:
127.10 hours
EXPENSES:
date amt
12/13/21 phone
12/31/21) phone
01/02/92 telephone
01/09/92 phone
01/17/92 phone
01/30/92 phone
02/04/92 phone
02/04/92 . phone (Guin)
02/07/92 . phone
02/11/92 ‘ phone
02/27/92 . phone
03/02/92 phone
03/03/92 phone
03/05/92 phone
03/09/92 phone
03/12/92 phone
03/18/92 phone
03/23/92 phone
04/06/92 phone
04/14/92 phone
04/15/92 phone
04/17/92 phone
05/02/92 trip to Montgomery, 177 mi @ $0.27/mi
[split between D$ General and Dillard
Greensboro]
05/29/92 Xerox
06/05/92 $3.46 telephone
07/17/92 $11.24 telephone
08/25/92 $60.41 telephone
10/30/92 $1.20 zZerox
11/30/92 $1.50 xerox
12/09/92 $19.61 phone charges
12/29/92 $3.15 xerox
04/08/93 $1.28 Telephone
07/09/93 $6.75 Xerox
07/20/93 $0.55 Telephone
$176.23
a
r
%
<p p
—
R
a
d
LAW OFFICES
JAMES U. BLACKSHER
FIFTH FLOOR, TITLE BUILDING
300 TWENTY-FIRST STREET NORTH
BIRMINGHAM, ALABAMA 35203
Sherrifynm~Ifill
99 Hudsen ‘Street
New Yark,: NY ¥0013.
RRR
3
1993