Supplemental Answer to Interrogatories
Public Court Documents
April 12, 1985
Cite this item
-
Case Files, Major v. Treen Hardbacks. Supplemental Answer to Interrogatories, 1985. 9955db34-c803-ef11-a1fd-6045bddc4804. LDF Archives, Thurgood Marshall Institute. https://ldfrecollection.org/archives/archives-search/archives-item/c66e3e19-5a62-4f53-9baf-d8576bc2cc4c/supplemental-answer-to-interrogatories. Accessed November 05, 2025.
Copied!
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
BARBARA MAJOR, ETAL CIVIL ACTION
VERSUS NO. 82-1192
DAVID C. TREEN, ET AL SECTION C
xk kik hk Rokk Kx XX kh fk Rk *
SUPPLEMENTAL ANSWER TO INTERROGATORIES
20. Do you contend that any of the expenses claimed
by the plaintiff are unreasonable? If so,
~ (a) Identify specifically which expense items you
contend to be unreasonable; and,
{b) How much do you contend would be reasonable
for plaintiff to recover as (a) attorneys' fees and (b) expens-
es?
Answer - See Exhibit L attached.
Respectfully submitted,
WILLIAM J. GUSTE, JR.
ATTORNEY GENERAL
KENDALL L. VICK
ASSISTANT ATTORNEY GENERAL
rr
ih me its X
CERTIFICATE OF SERVICE sy Yr. load
| certify that a copy of the foregoing pleading has been PATRICIA NALLEY BOWE RS > )
served upon counsel for all parties by mailing the same ASSISTANT ATTORNEY GENERA
to each, properly addressed and postage prepaid LOUISIANA DEPARTMENT OF JUSTICE
234 LOYOLA AVENUE, SUITE 700
NEW ORLEANS, LOUISIANA 70112
TELEPHONE: {504) 568-5575
DESCRIPTION OF EXPENSE
Mapmakers and Supplies
Photographer
Depositions
. Treen
Hainkel
Henderson
Selle
. Logsdon
Cassimere, Chehardy
. Lewis, Engstrom
. Morial
-
A
B.
C.
D.
E
F
G
H
Travel
Express Mail
AMOUNT CLAIMED
ON THE AFFIDAVIT
EXHIBIT L
SCHECKMAN
AMOUNT OF RECEIPTS
PRODUCED TO SUP-
PORT CLAIM TO WHICH
WE WILL STIPULATE
THE MONEY WAS
SPENT, ALTHOUGH TOTAL AMOUNT
NOT NECESSARILY DISALLOWED
REASONABLY TR
AMOUNT DISALLOWED
FOR LACK OF
$ 3,500.00
350.00
3 — 3,500.00 . $
323.36
.00
.00
.00
.00
.00
.00
.00
.00 O
O
O
O
O
O
0
220.00?
0.00
O
O
O
O
O0
O
O
0
0
REASONS FOR DISALLOWAL OR
NOTATION OF STIPULATION OF
REASONABLENESS
Reasonable
Reasonable
Reasonable.
Reasonable.
Reasonable.
Reasonable.
Reasonable.
Reasonable.
Reasonable.
Reasonable.
Unknown--will update within
a few days.
Reasonable.
DESCRIPTION OF EXPENSE
Expert and Professional
Assistance
Richard Engstrom 74.25 hrs.
at $100.00/hr
Joseph Logsdon 32.00 hours
at $100/hr
Raphael Cassimere, Jr. 34.00
hrs at $100/hr
Shirley Laska 13.00 hrs at
$25.00 hr = $325.00 Expenses-
$56.49
AMOUNT CLAIMED
ON THE AFFIDAVIT
AMOUNT OF RECEIPTS
PRODUCED TO SUP-
PORT CLAIM TO WHICH
WE WILL STIPULATE
THE MONEY WAS
SPENT, ALTHOUGH
NOT NECESSARILY
REASONABLY
AMOUNT DISALLOWED
FOR LACK OF
RECEIPT
7,425.00
3,200.00
3,400.00
381.49
TOTAL AMOUNT
DISALLOWED
REASONS FOR DISALLOWAL OR
NOTATION OF STIPULATION OF
REASONABLENESS
Unknown——waiting for affidavit.
Unknown—-waiting for affidavit.
Unknown—-waiting for affidavit.
$381.49 is disallowed as no
receipts are produced. However,
it would be unreasonable even
if receipts were produced,
as this amount is duplicative
of the amount claimed by Miss.
Guinier, who produced a receipt.
HALPIN
AMOUNT OF RECEIPTS
PRODUCED TO SUP-
PORT CLAIM TO WHICH
WE WILL STIPULATE
THE MONEY WAS
SPENT, ALTHOUGH AMOUNT DISALLOWED REASONS FOR DISALLOWAL OR
AMOUNT CLAIMED NOT NECESSARILY FOR LACK OF TOTAL AMOUNT NOTATION OF STIPULATION OF
DESCRIPTION OF EXPENSE ON THE AFFIDAVIT REASONABLY RECEIPT DISALLOTD REASONABLENESS
2/28/83 thru 3/13/83
Trial and Travel Expenses
Parking, gas, ground trans- s S$ 345.05 $345.05 is disallowed as no
portation receipts are produced. $4.45
for parking is reasonable.
Credit card food expenses $115.90 A receipt from Brennan's Rest-
aurant shows one meal costing
$149.85. This is unreasonable.
This meal was charged on 3/11/83,
the day after trial ended
and is therefore not a valid
expense. A receipt from Chez
Helene shows that four people
ate for $37.45; Mr. Halpin
and Miss Guinier should be
allowed the expense of $18.72,
while Mr. Scheckman, who
is New Orleans counsel, and
therefore not reimbursed for
meals, and the fourth unident-
ifiable person should be disal-
lowed the expense of $18.72.
In determining reasonableness
of expenses, $26.00 per day
for food and $70.00 per day
for hotel was allowed provided
there are receipts and up
to the total amount claimed
on the affidavit.
AMOUNT CLAIMED
DESCRIPTION OF EXPENSE ON THE AFFIDAVIT
AMOUNT OF RECEIPTS
PRODUCED TO SUP-
PORT CLAIM TO WHICH
WE WILL STIPULATE
THE MONEY WAS
SPENT, ALTHOUGH
NOT NECESSARILY
REASONABLY
AMOUNT DISALLOWED
FOR LACK OF
RECEIPT
Rental car 200.00
Gas 52.45
Airfare
1/18/83 thru 1/24/83
Deposition Travel Expenses
Food, parking, misc.
Rental car
Airfare
200.00
15.00
TOTAL AMOUNT
DISALLOWED
REASONS FOR DISALIOWAL OR
NOTATION OF STIPULATION OF
REASONABLENESS
Reasonable.
$37.45 is disallowed as
receipts are produced.
for gas is reasonable.
Reasonable.
$42.45 is disallowed as no
receipts are produced. The
remaining amount of $99.50
is reasonable.
$45.16 should be allowed as
Mr. Halpin was needed for
two days (1/21/83 and 1/22/83).
The remainder of the work
could have been done by New
Orleans counsel or by him
in his office, thus making
the expense unnecessary.
Reasonable.
DESCRIPTION OF EXPENSE
Credit card food
AMOUNT CLAIMED
ON THE AFFIDAVIT
AMOUNT OF RECEIPTS
PRODUCED TO SUP-
PORT CLAIM TO WHICH
WE WILL STIPULATE
THE MONEY WAS
SPENT, ALTHOUGH AMOUNT DISALLOWED
NOT NECESSARILY FOR LACK OF
REASONABLY RECEIPT
70.24 70.24 0.00
REASONS FOR DISALLOWAL OR
NOTATION OF STIPULATION OF
REASONABLENESS
One receipt from Ralph and
Kacoo's for $63.24 lists two
others who also ate there
(Lani Guinier and Jim Kellogg).
$42.16 should be allowed for
Mr. Halpin and Miss Guinier.
$21.08 should be disallowed
as Mr. Kellogg was New Orleans
counsel and should not get
expenses of this type. $7.00
for the other meal at Ralph
and Kacoo's was reasonable.
$7.91 should be allowed as
there was only a need to be
in New Orleans for two days.
The rest of the expense is
unnecessary as the work done
for the rest of the time could
have been done by New Orleans
counsel or by Mr. Halpin in
his own office, thus making
the expense unnecessary.
DESCRIPTION OF EXPENSE
12/17/82 thru 12/19/82
Travel to New Orleans for
Case Preparation
Food, Parking
AMOUNT CLAIMED
ON THE AFFIDAVIT
AMOUNT OF RECEIPTS
PRODUCED TO SUP-
PORT CLAIM TO WHICH
WE WILL STIPULATE
THE MONEY WAS
SPENT, ALTHOUGH
NOT NECESSARILY
REASONABLY
AMOUNT DISALLOWED
FOR LACK OF
RECEIPT
TOTAL AMOUNT
DISALLOWED
REASONS FOR DISALLIOWAL OR
NOTATION OF STIPULATION OF
REASONABLENESS
$112.70 is disallowed as no
receipts are produced. $4.00
for parking is reasonable
for parking, however, even
if receipts were produced,
work listed on affidavit could
have been done by New Orleans
counsel or without the need
of traveling to New Orleans.
Thus, any amount claimed would
be unreasonable and defendant's
contend the whole amount of
$116.70 should be disallowed.
$10.94 is disallowed as no
receipts are produced. $13.00
for gas is a reasonable amount
for gas; however, even if
receipts were produced, work
listed on the affidavit could
have been done by New Orleans
counsel or without the need
for traveling to New Orleans.
Thus, any amount claimed would
be unreasonable and defendant's
contend the whole amount of
$23.94 should be disallowed.
DESCRIPTION OF EXPENSE
Airfare
Long Distance Telephone Calls
AMOUNT CLAIMED
ON THE AFFIDAVIT
AMOUNT OF RECEIPTS
PRODUCED TO SUP-
PORT CLAIM TO WHICH
WE WILL STIPULATE
THE MONEY WAS
SPENT, ALTHOUGH AMOUNT DISALLOWED
NOT NECESSARILY FOR LACK OF
REASONABLY RECEIPT
210.00 0.00 910.00
REASONS FOR DISALLOWAL OR
NOTATION OF STIPULATION OF
REASONABLENESS
$210.00 is disallowed as no
receipts are produced, however,
even if receipts were produced,
the work listed on the affida-
vit could have been done by
New Orleans counsel or without
the need of traveling to New
Orleans. Thus, any amount
claimed would be unreasonable
and defendant's contend that
the whole amount of $210.00
should be disallowed.
Reasonable.
AMOUNT CLAIMED
DESCRIPTION OF EXPENSE ON THE AFFIDAVIT
GUINIER*
AMOUNT OF RECEIPTS
PRODUCED TO SUP-
PORT CLAIM TO WHICH
WE WILL STIPULATE
THE MONEY WAS
SPENT, ALTHOUGH AMOUNT DISALLOWED
NOT NECESSARILY FOR LACK OF
REASONABLY RECEIPT
SUMMARY OF EXPENSES PAID BY
LDF FOR TRAVEL, FOOD AND LODGING
12/81-—Conference with co-
counsel and plaintiffs in
New Orleans
6/82-—Travel to D.C. to review
Justice Dept. files
12/82-—Travel to D.C. to review
DQJ files
1/83--Hearing on Pre-trial
Motions, Depositions, Trial
prep.
*
Defendants contend that Miss
Guinier's hours and expenses
are unreasonable as New Orleans
counsel could have performed
all work performed by Miss
Guinier. However, this table
is made to show that many
of her expenses were unnecessary
even if it were necessary
S$ 514.29
92.25
146.00
703.95
$626.00
REASONS FOR DISALLOWAL OR
NOTATION OF STIPULATION OF
REASONABLENESS
$111.71 is disallowed as no receipts
are produced. The remaining amount
is duplicative of hours requested
by Mr. Quigley and Mr. Kellogg
and it is unnecessary to have three
or more counsel meeting with clients.
Thus, any amount claimed would
be unreasonable and defendant's
contend that the entire amount
of $626.00 should be disallowed.
$92.25 is disallowed as no receipts
are produced.
$146.00 is disallowed as no receipts
are produced.
$703.95 is disallowed as no receipts
are produced. However, even if
receipts had been produced, $192.00
of the expenses must be disallowed
as it was unnecessary to have more
tnan one counsel at the pre-trial
conference and attending depositions
and thus, two days' hotel and food
expenses should be disallowed (1/20/83
and 1/21/83). The remaining amount
of $511.95 for time in New Orleans
may have been allowed, but no re-
celpts were produced.
DESCRIPTION OF EXPENSE
3/83--Trial prep. and Trial
5/83--Post-trial brief, Review
exhibits, confer with co-coun-
sel New Orleans
AMOUNT CLAIMED
ON THE AFFIDAVIT
AMOUNT OF RECEIPTS
PRODUCED TO SUP-
PORT CLAIM TO WHICH
WE WILL STIPULATE
THE MONEY WAS
SPENT, ALTHOUGH
NOT NECESSARILY
REASONABLY
AMOUNT DISALLOWED
FOR LACK OF
RECEIPT
1,896.67 860.00 1,036.67
TOTAL AMOUNT
DISALLOWED
1,320.67
REASONS FOR DISALLOWAL OR
NOTATION OF STIPULATION OF
REASONABLENESS
$1,036.67 is disallowed as no re-
ceipts are produced. However,
even 1f receipts had been produced,
$1,320.67 should be disallowed
as more than six days of her time
were unnecessary as they were dupli-
cative of New Orleans counsel's
efforts (3/2/83-3/7/83). Allowing
$55.00 per night for hotel expenses
as per her receipt and $41.00 for
food and other expenses ($26.00
per day for food and $15.00 for
rental car) and $460.00 airtare
per receipt totals $688.00 allowable.
Thus, the total amount disallowed
is $1,320.67.
$3.51 is disallowed as no receipts
are produced. However, $508.05
should be disallowed as it consis-
ted of travel and lodgings at a
hotel in Raleigh, N.C.prior to
arrival in New Orleans and there
are no hotel or other expense re-
ceipts while in New Orleans and
work performed could have been
done by New Orleans counsel or
by Miss Guinier in her own office.
Therefore, the total amount of
$508.05 should be disallowed.
AMOUNT CLAIMED
DESCRIPTION OF EXPENSE ON THE AFFIDAVIT
AMOUNT OF RECEIPTS
PRODUCED TO SUP-
PORT CLAIM TO WHICH
WE WILL STIPULATE
THE MONEY WAS
SPENT, ALTHOUGH AMOUNT DISALLOWED
NOT NECESSARTLY FOR LACK OF
REASONABLY RECEIPT
6/83--Local taxis 35.65
Hearing, New Orleans 478.59
Hearing, New Orleans (NBW)
0.00 35.65
REASONS FOR DISALLOWAL OR
NOTATION OF STIPULATION OF
REASONABLENESS
$35.65 is disallowed as there are
no receipts produced.
$478.59 should be disallowed as
it was unnecessary for out of town
counsel to argue this motion and
work could have been done by New
Orleans counsel.
These amounts are unreasonable
as Napoleon Williams was a staff
attorney who had no relation to
the case, was not listed as counsel
of record, did not argue this motion,
was not a witness at this motion,
was not used at trial, and was
not a witness at trial. His expense
report lists his purpose for this
trip as two-fold: to participate
in Preparation for argument in
Major v. Treen and to attend Civil
Rights conference in Birmingham,
Ala. To bring such attorney from
New York to New Orleans to "partici-
pate in preparation for argument"
of a post-trial motion is patently
excessive on its face. Defendant's
disallow the entire $535.75.
DESCRIPTION OF EXPENSE
7/84—-Local taxis
SUMMARY OF LDF EXPENSES FOR
MAJOR V. TREEN
Photocopying at .15 per page
AMOUNT CLAIMED
ON THE AFFIDAVIT
AMOUNT OF RECEIPTS
PRODUCED TO SUP-
PORT CLAIM TO WHICH
WE WILL STIPULATE
THE MONEY WAS
SPENT, ALTHOUGH AMOUNT DISALLOWED
NOT NECESSARILY FOR LACK OF
REASONABLY RECEIPT
10.00
1,289.07
0.00 10.00
1,253.52
REASONS FOR DISALLOWAL OR
NOTATION OF STIPULATION OF
REASONABLENESS
$10.00 is disallowed as no receipts
are produced.
$35.55 is disallowed as no receipts
are produced. An additional amount
of $332.10 is disallowed as either
excessive or unnecessary. On 1/17/83
there is a listing of 25 copies
totalling 700 pages. Even providing
for service and file copies, no
more than 12 copies should be neces-
sary, totalling a reduction to
320 pages=$48.00. On 9/27/83,
30 copies of a memorandum opinion
were made totalling 2,430 pages.
Again 12 copies would be sufficient,
reducing the amount to 972 pages=$145.80.
On 9/27/83 15 copies of a speech
totalling 165 pages was made.
Again, 12 would be sufficient,
reducing it to 132 pages=$19.80.
On 9/29/83, 15 copies of an unknown
document were made totalling 1,215.
This should be reduced to 12 copies
which is 972 pages=$145.80. These
expenses assume the necessity of
providing copies to all plaintiffs’
AMOUNT OF RECEIPTS
PRODUCED TO SUP-
PORT CLAIM TO WHICH
WE WILL STIPULATE
THE MONEY WAS
SPENT, ALTHOUGH AMOUNT DISALLOWED
AMOUNT CLAIMED NOT NECESSARILY FOR LACK OF
DESCRIPTION OF EXPENSE ON THE AFFIDAVIT REASONABLY RECEIPT
» lawyers with every document. As ho 3 g
. Photocopying at .15 per page stated elsewhere, six lawyers were
not necessary, SO expenses necessi-
tated by having six lawyers should
be disallowed. Court copies plus
service copies plus copies for
the second lawyer and a file copy
for the originating lawyer are
plenty. Thus in the district court
where most of the work was done,
six copies should have been suffi-
cient for any document.
REASONS FOR DISALLOWAL OR
NOTATION OF STIPULATION OF
REASONABLENESS
POSTAGE
% 1/10/83--Motion and Brief i : Reasonable.
to Kellogg by Federal Express
1/12/83--Supplementary affida- ” i Reasonanle.
vit to James Kellogg, Esq.,
by Federal Express
: ; Reasonable.
3/11/83—-Trial material to
Lani Guinier by UPS
AMOUNT CLAIMED
DESCRIPTION OF EXPENSE ON THE AFFIDAVIT
AMOUNT OF RECEIPTS
PRODUCED TO SUP-
PORT CLAIM TO WHICH
WE WILL STIPULATE
THE MONEY WAS
SPENT, ALTHOUGH AMOUNT DISALLOWED
NOT NECESSARILY FOR LACK OF
REASONABLY RECEIPT
6/9/83—Findings of Fact & 31.00
Conclusions of Law, Purolator,
to James R. Kellogg, Esq.
12/12/83--Opposition to inter-
vention sent to William Quigley
SUMMARY OF LDF LONG DISTANCE TELEPHONE
RECORDS
7/14/83-—Court cost
Legal Printing
2/16/83——Associated Investigators
for service of subpoenas
4/8/83--J.H. Echezabal, trial
transcript
31.00 0.00
1,126.85
TOTAL AMOUNT
DISALLOWED
0.00
REASONS FOR DISALLOWAL OR
NOTATION OF STIPULATION OF
REASONABLENESS
Reasonable.
$34.00 is disallowed as no receipts
are produced.
$73.08 is disallowed as no receipts
are produced.
Reasonable.
$53.50 is disalowed both under
Grendel's Den, Inc. v. Larkin,
749 F.2d 945 (1st Cir. 1985) and
as no receipts are produced.
$86.65 should be disallowed as
no record or itemized receipt of
who was served, for what purpose
or when they were served is produced.
Reasonable.
AMOUNT CLAIMED
DESCRIPTION OF EXPENSE ON THE AFFIDAVIT
AMOUNT OF RECEIPTS
PRODUCED TO SUP-
PORT CLAIM TO WHICH
WE WILL STIPULATE
THE MONEY WAS
SPENT, ALTHOUGH
NOT NECESSARILY
REASONABLY
AMOUNT DISALLOWED
FOR LACK OF
RECEIPT
5/26/83--Trial Transcript
/11/82--Compensation to
. Henderson for analysis
of data
3
G
3/28/83--Shirley Laska, expert
witness fee
3/28/83--Gordon Henderson, expenses
only for deposition
658.63
3,558.28
1,654.90
658.63
3,558.28
TOTAL AMOUNT
DISALLOWED
1,034.90
REASONS FOR DISALLOWAL OR
NOTATION OF STIPULATION OF
REASONABLENESS
Reasonable.
Reasonable.
Reasonable
$671.92 is disallowed as no receipts
are produced. $6.00 for ground
transportation from the airport
downtown is reasonable. $38.75
for one meal at Gins Mee Hong Restau-
rant is unreasonable. $26.00 is
a reasonable amount for meals for
one day as we would pay according
to the Division of Administration.
A total of $620.00 is allowable
as expenses in this instance.
This allows for $524.00 airfare
as per his receipts (although there
would have to be proof that it
was necessary to fly first class),
$70.00 for one night at a hotel
and $26.00 for food; allowed only
if receipts are provided. Thus,
a total amount of $1,034.90 should
be disallowed. Mr. Henderson only
needed to be in town for one day
for his deposition, if at all.
AMOUNT OF RECEIPTS
PRODUCED TO SUP-
PORT CLAIM TO WHICH
WE WILL STIPULATE
TE omy os REASONS FOR DISALLOWAL OR
AMOUNT CLAIMED So Amo AMOUNT DISALLONED wont, AMOUNT NOTATION OF STIPULATION OF ) NOT NECESSARILY FOR LACK OF SL; D By
DESCRIPTION OF EXPENSE ON THE AFFIWVIT REnSOiaLiy ns DISALLOWED REASONABLENESS
5/31/83--G. Henderson, trial 1,002.19 0.00 1,002.19 1,002.19
expenses
1,002.19 is disallowed as no re-
ceipts are produced.