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
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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 April 06, 2025.
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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