Motion to Defer Award of Costs and Attorney's Fees

    IN THE UNITED STATES DISTRICT COURT FOR | 

THE SOUTHERN DISTRICT OF ALABAMA 

SOUTHERN DIVISION 

  

WILEY L. BOLDEN, et al., 

Plaintiffs, : 

Vs. : CIVIL ACTION NO. 75-297-P 

CITY OF MOBILE, et al. 

Defendants. 

MOTION TO DEFER AWARD OF 
COSTS AND ATTORNEYS' FEES 
  

COME NOW Defendants herein, through undersigned counsel, 

and move the Court to defer the award of costs and attorneys’ 

fees to Plaintiffs until all appeals in this matter are exhausted 4 

for the following reasons: 

1. Attorneys' fees and costs can be awarded only to 

a prevailing party. The judgment in favor of Plaintiffs has 

been appealed by Defendants to the United States Court of Appeals 

for the Fifth Circuit, which appeal is now pending. 

2 Should the judgment be reversed on appeal, the 

time and expense spent on a determination of costs and attor- 

neys' fees at this time would be wasted effort and a needless 

burden on both the parties and this Court. 

3. Plaintiffs will suffer no harm from deferral of 

the award of costs and attorneys' fees since such amount, even 

if awarded now, would normally not be collectible unless and 

until affirmed on appeal. Furthermore, should Plaintiffs pre- 

vail on appeal, this Court can then consider the award of costs 

and attorneys' fees when the case is remanded for enforcement 

Of the order. 

ALTERNATIVE MOTION 
  

Should the Court deny the motion of Defendants to defer 

the award of costs and attorneys' fees, Defendants move that 

 



  

these issues be considered at a hearing, as specified in this 

Court's order of October 21, 1976, and that such hearing be 

conducted by the testimony of witnesses present in court rather 

than by affidavit. 

, py Respectfully submitted this Wr day of December, 1976. 

v4 , 7 rs Vl / x - 7 dnl C of 
  

C.. B. ARENDALL TR) 
30th Floor; First \National Bank 

Building 
Mobile, Alabama 36602 
Attorney for Defendants 

OF COUNSEL: 

HAND, ARENDALL, BEDSOLE, 
GREAVES & JOHNSTON 

  

HL 
s. a slat 
City Hall 
Mobile, Alabama 36602 
Attorney for Defendants 

OF COUNSEL: 

LEGAL DEPARTMENT OF THE 

CITY OF MOBILE 

CERTIFICATE OF SERVICE 
  

I do hereby certify that I have on the 7% aay of 

December, 1976, served a copy of the foregoing nT to 

Defer Award of Costs and Attorneys' Fees on counsel for all 

parties to this proceeding, by mailing a copy of the same by 

United States mail, properly addressed and first class postage 

prepaid.