Amendment to Plaintiffs' Motion for Award of Costs and Attorneys' Fees

    IN THE UNITED STATES DISTRICT COURT FOR THE 

+4 SOUTHERN DISTRICT OF ALABAMA 

SOUTHERN DIVISION 

WILEY 1.. BOLDEN, et al., $ 

$ 
Plaintiffs, 

$ CIVIL ACTION 

VS $ 

3 NO. 77-298-P 
CITY OF MOBILE, ef al., 

$ 

Defendants. $ 

AMENDMENT TO PLAINTIFFS' MOTION FOR 
AWARD OF COSTS AND ATTORNEYS' FEES 

Plaintiffs Wiley L. Bolden, et al. hereby amend their 

motion for award of costs and attorneys' fees filed on or 

about December 8, 1976, as follows: 

1. Attached as Exhibits to this motion are the 

Supplemental Affidavits of J. U. Blacksher, Edward Still and 

Larry T. Menefee setting forth the additional time expended 

and expenses incurred by them since the original motion was 

filed. 

2. As further grounds in support of the reasonableness 

of the fees sought by Plaintiffs herein, Plaintiffs call to 

the attention of the Court the article from the December 16, 

1976, edition of the Mobile Register attached as an Exhibit 

to this motion, which indicates that, for trial work only   

(not including time or expenses for appeal), local counsel for 

he City of Mobile have been paid total fees in the amount of 

$88,736.61. Not including the 25% bonus, this exceeds the amount 

| of fees sought by Plaintiffs by $8,872.11. Even with the bonus 

requested by Plaintiffs, the fees they seek as the prevailing 

parties exceed the amount already paid by the Defendants to 

 



  

their counsel by only $11,093.89. 

“ 

3. Plaintiffs contend that the aforesaid fees paid 

by the Defendants to their counsel are directly relevant to 

the issues presented by this motion as measures of both the 

economical use of hours by Plaintiffs' attorneys and the 

fairness of the hourly rate they seek. If, as Defendants stated 

in their answers to interrogatories, they have paid their 

counsel at an '"'average' of $50.00 per hour, then the total amount 

he H 

LS n local counsel was over 1770 hours, as compared 

with the 1,169 number of total hours expended by all of Plain- 

attorneys. On the other hand, if the $88,736.61 already 

counsel is divided by $75.00 per hour, it 

represents 1,183 hours expended by them, as compared with 1,169 

total hours expended by all of Plaintiffs’ counsel. 

WHEREFORE, Plaintiffs pray that the Court will award them 

  

  

  

attorneys' fees as follows: 

Hourly 

Attorney 0.3 = Joint Bolden Rate Total 

Still 56.0 +i 218.2 x 875.00 w= $20,565.00 

Blacksher 34.1 + 340.0 ps 75.00 = 28,057.50 

Menefee 211.3 +. 274.9 ® 60.00 = 29,202.00 

Stein —— 34.0 x 60.00 = 2,040.00 

Sub Total $79,864.50 
257% Bonus 19,966.00 

Fees for services rendered in trial aspects of 

this action $99,830.50 

- 

Plaintiffs further pray that the Court award them their 

actual expenses incurred to date in the prosecution of this 

+ ren 4 3 £1 . action computed as follows: 

  
  

  

Expenses Bolden 9.5 xX Joint Total 

Blacksher $1282.90 $3,043.52 $6,328.42 

Still £35.03 474.09 909.12 

 



  

Respectfully submitted this the 20th day of May, 1977. 

CRAWFORD, BLACKSHER, FIGURES & BROWN 
1407 DAVIS AVENUE 
MOBILE, ALABAMA 36603 

: v ; /} / va /) 

By: Zl [QA lle 
3 UU. BLACKSHER 
LARRY T. MENEFEE 

  

EDWARD STILL, ESQUIRE 
601 TITLE BUILDING 
BIRMINGHAM, ALABAMA 35203 

JACK GREENBERG, ESQUIRE 
ERIC SCHNAPPER, ESQUIRE 
SUITE 2030 
10 COLUMBUS CIRCLE 
NEW YORK, N. Y. 10019 

Attorneys for Plaintiffs 

CERTIFICATE OF SERVICE 

I do hereby certify that on this the 20th day of May, 1977, 

I served a copy of the foregoing AMENDMENT TO PLAINTIFFS' MOTION 

FOR AWARD OF COSTS AND ATTORNEYS' FEES upon counsel of record, 

C. A. Arendall, Esquire, Post Office Box 123, Mobile, AL 36601, 

Fred G. Collins, Esquire, Post Office Box 16629, Mobile, AL 

36616 and Charles S. Rhyne, Esquire, 400 Hill Building, 

Washington, D. C. 20006, by depositing same in United States 

  
  

 



  

Federal court 

sult costs 

hit $103,550 
City fathers yesterday released an 

updated figure concerning the total 
cost to-date of the federal court suit 
that resulted in U.S. District Judge 
Virgil Pittman’s change: of foyer 
ment _decree for Mobile: : 

The updated figure, $103,550.86, 
includes $14, 31375 charged by Voyles,. 
Lankford. & ASsSociates-to do 

- statistical work Telated to the city’s 
_ research for the case. Thatycost had: 
been overlooked previousiytwhen city ™ 

_ officials talked about the.cost of the 

~d 
LS 

  

  

case’ as being roughly $96,000. 
The city 20 has paid its SoSc 

counse oF 

I em a -& Johnston, a 
total of $88,736.61 for.its workin the 
case — bringing the-fotal cost of the 
suit to $103,550.85. . -..~. 

According to- Cityf Com. Robert B 
Doyle Jr., that figure includes all ex- 
penses incurred due to the suit to date. 

But city fathers also. pointed out 
yesterday that citv h 

$19,800 to appeal TC 
bringing to $123,350.86 the total cost 4 

  

  

  

    

  

   

  

   

     

  

  

date of the suit and appeal effort. # 
k 3 F pr ve F 

  

  
 



  

IN THE UNITED STATES DISTRICT COURT 

FOR THE SOUTHERN DISTRICT OF ALABAMA 

SOUTHERN DIVISION 

¥. CA 75-297-P 

CITY OF MOBILE, ALABAMA, 

af ail, 
N
e
’
 

S
N
 

N
a
 
N
N
 

N
S
 

S
N
 
N
N
 

N
S
 

DEFENDANTS 

STATE OF ALABAMA ) 

JEFFERSON COUNTY ) 

Edward Still, being first duly sworn deposes and 

says: 

My name is Edward Still. Attached hereto are addi- 

tional time sheets and expense lists which supplement the 

affidavit that I filed on 8 December 1976. These are marked 

"A ddenduR to Exhibit A" and "Addendum to Exhibit B." 

This does not include any time or expenses related 

to the appeal of the case by the City, or to the city's motion 

for a stay pending appeal. 

  

  

EDWARD STILL 

SWORN to and subscribed 

EL 
before me this /6 —day 

Vo — 7. 
/ Ia P ~ ¥ Fd Ey \ 

x De TAS § LA ZAA_/ HAN ALAC A 
  

NOTARY PUBLIC 

 



  

ADDENDUM TO EXHIBIT A 
  

  DATE Ciry JOINT 

24 Nov fee application «D 

29 Nov calls to Barbara Mathews & Bagwell 4 

1 Dec calls to & from Blacksher re: fee 

application and revision . 6 

10 Dec calls to Blacksher & review of 

committee report 4.9 

13 Dec drafting critique of report 2 nil 

14 Dec drafting critique & order 1.6 

15 Dec call to Menefee re: critique . 6 

16 Dec call to Menefee & flight to Mobile I 

17 Dec conference with Court, response to 

retention of jurisdiction, conferences 

with Menefee & Blacksher 2.5 

20 Dec drafting response to attorney fee 

motion; call to Blacksher 1.8 

21 Dec proof reading; call to Menefee a | 

27. Dec call to Menefee re: conference 

on relief (Bolden) & rehearing motion 

(Brown-board) +1 

29 Dec flight to Mobile, conferences with 

Blacksher & Menefee 3.0 

30 Dec conference with Judge; return flight «# 1.0 

1977 
3 Jan working on revised injunction oh 

calls re: depositions . 8 

10 Jan memo to deponents 2 

12 Jan letter from Harris; memo to attys 2 

17 Jan call from Blacksher «2 

20 Jan calls re: fees, depositions 1.0 

23 Jan calls re: fees, depositions .6 

24 Jan calls re: fees, depositions +3 

25. .Jan calls re: fees, depositions “3 

26 Jan calls re: fees, depositions +B 

26 Jan research on city gov't act <5 

31 Jan fee depositions 7.2 

 



  

  DATE CITY JOINT 

14 Feb call from Blacksher “3 

18 Feb checking docket sheet “2 

22 Feb call to Menefee re: fees .s 

24 Feb checking Friend & Harris deps. «2 

25 Feb checking Vance dep. eo 

2 Mar call from Blacksher re: order oi 

updating attorney fee request v3 

5 Mar reading def. motion re: Nevett ‘2 

updating atty fee request “2 

7 Mar call to Menefee «1 

9 Mar call to Menefee re: order «3 

10 Mar reading order, conf. re: order 1.3 

16 Mar research & writing opposition to stay 4.8 

17 Mar updating file «2 

21 Mar call to Blacksher, call from Menefee 

re: analysis for attys fees 1.9 

22 Mar analysis for attys fees 5 

12 May attorney fee request ny 

TOTAL 33.8 18.3 

 



  

ADDENDUM TO EXHIBIT B 

Expenses   

Bolden Joint 

16 Dec Plane fare to Mobile § 74.00 

29 Dec Plane fare to Mobile $ 74.00 

Dec-Jan Phone Bills 108.63 74.43 

Nov Xerox Bill 7.80 

Dec Xerox Bill 18.90 

Jan Xerox Bill 2.990 24.08 
  

TOTAL $210.23 $172.51 

 



  

IN THE UNITED STATES DISTRICT COURT FOR THE 

SOUTHERN DISTRICT OF ALABAMA 

SOUTHERN DIVISION 

WILEY L. BOLDEN, et al. S 

Plaintiffs, S 
CIVIL ACTION 

VS S 

NO. 75-207-P 
CITY OF MOBILE, af al.. $ 

Defendants. 3 

SUPPLEMENTAL AFFIDAVIT OF 
JAMES U. BLACKSHER 

IN SUPPORT OF MOTION FOR ATTORNEYS' FEES 

STATE OF ALABAMA ) 
ti 88 

COUNTY OF MOBILE ) 

James U. Blacksher, being first duly sworn, deposes and 

says as follows: 

I am submitting this Supplemental Affidavit in 

support of Plaintiffs' Amended Motion for Award of Costs 

and Attorneys' Fees. My original Affidavit listed time 

expended only through December 1, 1976. This Affidavit 

itemizes the time and expenses incurred by me since December 

1,:1976, in commection with the trial and district court 

judgment aspects of this action only. Not included in this 

Affidavit is time I have thus far expended in connection with 

the appeal of this Court's judgment to the Court of Appeals 

or with our opposition to the Defendants’ Motion for a Stay. 

 



  

TIME OF JAMES U. BLACKSHER 

DATE DESCRIPTION CITY JOINT 

1976 

December 10 Study Proposed Mayor-Council 
Plan 2.0 

December 14 Same 3.0 

December 15 Prepare Proposec Injunction 1.0 

December 17 Conference w/Clients 2.0 

December 17 Attend Conference in Court 1.0 

December 30 Prepare for Conference 0.5 

December 30 Conference w/Judge 0.5 

1977 

January 17 Study Letter to Court, Phone 
Conference w/Co-Counsel 0.5 

January 17 Hearing on Motion to 
Intervene 1.0 

May 17 Preparation of Amended 
Attorney Fee Motion 0.5 

May 13 Same 26.5 Derg 

Total Hours 12.5 ={} 

COSTS INCURRED 

Postage 8:48.73 

Telephone Expense 164.70 

Xeroxing Expense 198.00 

3371.43 Total Costs Incurred 

    

Subscribed and sworn to before me on this the 20th day of 
/ 

May, 1 Q77. 77 Y 7 he 7 
Wot N 

J 

— 

] L y Jory 4 : Pal dr gl ST SE ; 

0 4 7 7 re { 27 Py nt p FFA xh 

NOTARY PUBLIC, MOBILE COUNTY, ALABAMA 
      

ir 4 7 
rg 

My Commission Expires: -=// 

 



  

IN THE UNITED STATES DISTRICT COURT FOR THE 

SOUTHERN DISTRICT OF ALABAMA 

SOUTHERN DIVISION 

WILEY 1.. BOIDEN, ef al., 

Plaintiffs, 
CIVIL. ACTION 

VS. 

NO. 75-2977 
CITY OF MOBILE, et al., 

L
y
 

L
y
 

S
y
 

f
y
 

A
y
 

Defendants. 

SUPPLEMENTAL AFFIDAVIT OF LARRY T. MENEFEE 
IN SUPPORT OF MOTION FOR ATTORNEYS' FEES 

_ STATE OF ALABAMA ) 
158 

COUNTY OF MOBILE ) 

Larry T. Menefee, being first duly sworn, deposes and 

says as follows: 

My name is Larry T. Menefee. Attached hereto is a 

supplement to my previous affidavits regarding my time spent 

in this action. My original affidavit listed time expended 

only through December 3, 1976. Not included in this affidavit 

is time I have thus far expended in connection with the appeal 

of this Court's judgment to the Court of Appeals by the Defendant 

  

oo 

City of Mobile 

ie Vd, / = J gh WE 

/ / } 

2 [— {7 [Dain poy 

LARRY T. MENEFEE  / 

’ : v Poa - 
Subscribed and sworn to before me on this the J) day of 

/ To) 
May, 1977. J C/A > 

rl Po “od er” 
L 4 7 ; po p 

  

NOTARY PUBLIC, MOBILE COUNTY, ALABAMA 

My Commission Expires: 2///4/ 

 



  

ADDENDUM TO EXHIBIT A 

TIME OF LARRY T. MENEFEE 

  
  

Date Description City Joint 
1976 

December 8 Proof and Assemble Motion 
for Attorneys' Fees 1.2 

December 13 Conference re Mayor- 
Council Plan 1.1 

December 15 Converse w/Still i" 

December 27 Review Correspondence v2 

December 29 Conference and Discussion 
w/Co-Counsel 2.0 

December 30 Conference 8 

1077 

January 3 Prepare Injunction, Proposal 
and meet w/Court and 
foncons 6.1 

January 17 Intervenors' Motion 1.3 

January 26 Foncons w/Still re: 
Justice Department “a 

January 28 Foncon w/Still and 
Friend A 

February 2 Foncon w/Cotrell .2 

March 2 Discuss Injunction 4 

May 16 Foncons w/Witnesses A 

May 18 Foncons w/Witnesses es 

  

Total Hours 11.2 3.7