Davis v. City of New Rochelle

156 F.R.D. 549, 1994 U.S. Dist. LEXIS 9876, 1994 WL 388268
CourtDistrict Court, S.D. New York
DecidedJuly 18, 1994
DocketNo. 91 Civ. 1736 (RWS)
StatusPublished
Cited by30 cases

This text of 156 F.R.D. 549 (Davis v. City of New Rochelle) is published on Counsel Stack Legal Research, covering District Court, S.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Davis v. City of New Rochelle, 156 F.R.D. 549, 1994 U.S. Dist. LEXIS 9876, 1994 WL 388268 (S.D.N.Y. 1994).

Opinion

OPINION

SWEET, District Judge.

Plaintiffs Ossie Davis, Napoleon Holmes, Wilhelmina Strong, and Paul Dennis (collectively, the “Plaintiffs”), on behalf of themselves and all those similarly situated, have moved for an award of attorney fees pursuant to 42 U.S.C. § 1973?(e) of the Voting Rights Act of 1965 which is opposed by Defendants City of New Rochelle, New York (the “City” or “New Rochelle”), the City Council of the City of New Rochelle (the “City Council”), New York, and the Westchester County Board of Elections (the “County Board”) (collectively, the “Defendants”).

For the reasons set forth below, the Plaintiffs’ application is granted.

[551]*551 The Parties

The Plaintiffs are black adult citizens and residents of the City and Westchester County and bring this class action suit on behalf of all black citizens and residents of New Rochelle.

The City, a municipal corporation located in Westchester County, is organized and exists under the State of New York.

The Council is an elected body of five members which exercises, except as otherwise provided in the City Charter, all powers conferred upon the City.

The County Board of Elections is a board or agency of New York State which is responsible for conducting elections for the City Council.

The Facts and Prior Proceedings

The Complaint in this voting rights action was filed on March 13, 1991, and was formally certified as a class action on July 30, 1991, pursuant to Rule 23(b)(2), Fed.R.Civ.P., no opposition having been filed. Discovery and pretrial conferences ensued. The Plaintiffs challenged the at-large election of the City Council pursuant to the Voting Rights Act of 1965, 42 U.S.C. § 1973 et seq., on the grounds that only one minority ever had been elected to City Council, and none at all in the past two decades, notwithstanding the fact that 18% of New Rochelle’s population is African American.

The first New Rochelle Charter Revision Commission (the “First Commission”) was formed on August 31, 1990, by then Mayor Leonard Paduano who “conceived the charter revision as a chance to put the ‘strong mayor’ form of government before the voters.” (Defs.’ Ex. C, Michael Amodio, New Rochelle to Take A Look at Itself, Gannett Westchester Newspapers, September 2, 1990 at A3; Walton Aff. 1Í5.)1

The “strong mayor” question dominated the publicity concerning the First Commission’s work until March of 1991 when this action was commenced. The news clippings proffered by both parties indicate that this lawsuit triggered a significant amount of publicity concerning the redistricting question. (See Pis.’ Ex. F; Defs.’ Ex. C.) According to Commission Member Calvin Walton .(“Walton”), the filing of this lawsuit on March 13, 1991, “forced the question of districts versus at-large elections onto the front burner.” (Walton Aff. ¶7.)

In the months subsequent to the filing of the Davis action, the First Commission contacted the Plaintiffs’ lead counsel for his opinion concerning the ramifications of the lawsuit, (see Commission Member Trotta’s Mem. to the Commission, Apr. 15,1991; Pis.’ Ex. F) and the effective dates of the proposed referenda. (See Scott-McLaughlin Decl. ¶ 13.)

On November 5, 1991, New Rochelle voters cast the majority of their ballots in favor of the re-districting formula put forward by the First Commission, but rejected the “strong Mayor” referendum. As the two referenda were linked, both failed. Subsequent to the November 1991 elections, settlement negotiations for this lawsuit were initiated but eventually lapsed.

On February 26, 1992, the City Council formed the Second Charter Revision Commission (the “Second Commission”) in order to draft a re-districting plan. On April 1, 1992, the Plaintiffs agreed to stay this action for nine months pursuant to the Defendants’ representations that such a period would allow the Second Commission sufficient time to propose a new plan. (Fontana letter, March 10, 1992; Pis.’ Ex. H.)

In August 1992 a local newspaper reported that the Co-Chairman of the Second Commission, James Bishop, had asserted that the new re-districting plan would not come before the voters until the next regular election in November 1993 since “holding a special [552]*552election before then, such as in the spring, would be expensive and attract few voters.” (Tim Donahue, New Rochelle May he Sued for Discrimination, The Standard Star, August 17, 1992, at 5A.)

At a public hearing the Plaintiffs’ counsel responded to the Second Commission’s proposed delay by threatening to press this action in an expedited fashion. In light of this threat, the editorial board of The Standard Star urged the expedited adoption of the re-districting:

[T]he charter commission has indicated a new vote might not come until November 1993. It will take that long, its co-chairman says, to study the issue and chart new districts.
Why wait for that? Why not put up the same resolution that was already approved? Why go through the time and expense of preparing new districts before voters give their go-ahead for their creation?

Those are Scotb-McLaughlin’s questions. And ours.

And here’s another. Why invite Scotia McLaughlin to press for a trial date — which he proposes to do — when voters have once agreed to what he is seeking. Defending the suit would cost money. The trial could engender ill will among community groups something New Rochelle doesn’t need. And, given the record of success of such voting-rights suits in federal courts, the city will probably lose.

The Standard Star, August 20, 1992.

On December 29, 1992, the Second Commission voted to hold a special election concerning the question of re-districting on March 2, 1993 — a full eight months prior to the original proposed date. The referendum passed and on March 4,1993, the City invited interested parties — including the Plaintiffs— to submit re-districting proposals. (Mayor Idoni letter, March 4, 1994.) On March 24, 1993, the Plaintiffs submitted a proposed redistricting plan which included one minority district and one minority-influence district. On April 29,1993, the City Council adopted a district plan which, although not identical to the Plaintiffs’ proposed re-districting plan, included one minority district and one minority-influence district.

On May 25, 1993, Plaintiffs’ counsel advised this Court that the main issues in this action had been resolved, but for the question of fees, the Defendants having refused to discuss this issue.2

Plaintiffs now seek the following attorneys fees and costs:

Name Hours Rate Lodestar
Scoti>-McLaughlin 223.75 $300.00 $67,125.00
Chemer
as Law Student 63.50 $75.00 $4,762.00
as Attorney 133.25 $110.00 $14,687.50
Morioka (Law Stud.) 13.00 $75.00 $975.00
Costs 0.00

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Bluebook (online)
156 F.R.D. 549, 1994 U.S. Dist. LEXIS 9876, 1994 WL 388268, Counsel Stack Legal Research, https://law.counselstack.com/opinion/davis-v-city-of-new-rochelle-nysd-1994.