Order for Kemper County
Public Court Documents
February 27, 1970

19 pages
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Case Files, Bolden v. Mobile Hardbacks and Appendices. Plaintiffs' Response to Defendants' Motion to Defer Award of Attorneys' Fees, 1976. 70dfd695-cdcd-ef11-8ee9-6045bddb7cb0. LDF Archives, Thurgood Marshall Institute. https://ldfrecollection.org/archives/archives-search/archives-item/52ed6bf7-fba1-411e-a5b5-57363b1a86f0/plaintiffs-response-to-defendants-motion-to-defer-award-of-attorneys-fees. Accessed August 19, 2025.
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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION WILEY L. BOLDEN, et al., PLAINTIFFS, VS. CA 75-297-P CITY OF MOBILE, ALABAMA, et al., N t ? N e t ? N a t t ” N a N t N a t ” u t ” u t ? “ u u ” DEFENDANTS PLAINTIFFS' RESPONSE TO DEFENDANTS' MOTION TO DEFER AWARD OF ATTORNEYS' FEES Come now the Plaintiffs and show unto the Court the following: 1. The Plaintiffs are now a "prevailing party" and entitled to an award of attorneys' fees. 2. The Plaintiffs will suffer irreparable harm by the delay of the award of fees in that interest at the statutory rate of 6% will not accrue on a judgment that is not entered. 3. The Defendants' motion seeks to avoid the normal procedure of entry of judgment and the posting of a supersedeas bond. 4. The Plaintiffs' witnesses for the hearing on attorneys’ fees with the exception of the attorneys in this action, all reside more than one hundred miles from the Biace of hearing. 5. Because the Defendants have filed no responsive pleading, Plaintiffs are without knowledge of the issues, facts, or theories in controversy. This proceeding for attorneys' fees can be handled much less expensively if Defendants will make such specification of the issues in controversy. WHEREFORE, the Plaintiffs pray: A. That the Court deny the motion to defer the award of fees; B. That the court require the Defendants specify the issues they wish to controvert as to said fees; C. That the Court allow the Plaintiffs sufficient notice of a hearing on the motion for attorneys' fees (if the Court grants the Defendants' alternative motion) so that Plaintiffs may take depositions of out-of-town witnesses. Submitted by Edward Still 601 Title Building Birmingham, AL 35203 205/323-3434 James U. Blacksher Larry Menefee Crawford Blacksher, Figures & Brown 1407 Davis Ave. Mobile, AL 36603 Jack Greenberg Charles Williams, III Suite 2030 10 Columbus Circle New York, N.Y. 10019 Attorneys for Plaintiffs CERTIFICATE OF SERVICE I, the undersigned attorney, do hereby certify that, prior to or immediately after filing a copy of the foregoing with the Court, I mailed or delivered a copy of the foregoing to the following: Mr. Charles A. Arendall Mr. S.. R. Sheppard Mr. David Bagwell Legal Department P.O. Box 123 City of Mobile Mobile, AL 36601 Mobile, AL 36602 Z Date: Decenber 2 1976. IY Edward Still/ IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION WILEY L. BOLDEN, et al., z 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, for the following reasons: l. 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. 0 | Respectfully submitted this [7 day of December, 1976. bg Lo” ( a 4 ara ; of 23 a / Cr litany ALA C. B. ARENDALL, JR] 30th Floor, First \National Bank Building Mobile, Alabama 36602 Attorney for Defendants OF COUNSEL: HAND, ARENDALL, BEDSOLE, GREAVES & JOHNSTON - 7 rr 4 5 [] \ ft / A ‘S. R. SHEPPARD C53 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 Motion 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. 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. oy Respectfully submitted this [7 day of December, 1976. oe a a, < Al l od: C. B. ARENDALL, JR] 30th Floor, First \National Bank Building Mobile, Alabama 36602 Attorney for Defendants OF COUNSEL: HAND, ARENDALL, BEDSOLE, GREAVES & JOHNSTON Lf nid S. R. SHEPPARD 3A City Hall Mobile, Alabama 36602 Attorney for Defendants OF COUNSEL: LEGAL DEPARTMENT OF THE CITY OF MOBILF CERTIFICATE OF SERVICE 5 4 My I do hereby certify that I have on the / ~day of Y Y £/ Y December, 1976, served a copy of the foregoing Motion 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.