Mannings v. School Board of Hillsborough County

826 F. Supp. 1404, 1993 U.S. Dist. LEXIS 9521, 1993 WL 264403
CourtDistrict Court, M.D. Florida
DecidedJuly 13, 1993
DocketNo. 58-3554-CIV-T-17A
StatusPublished

This text of 826 F. Supp. 1404 (Mannings v. School Board of Hillsborough County) is published on Counsel Stack Legal Research, covering District Court, M.D. Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Mannings v. School Board of Hillsborough County, 826 F. Supp. 1404, 1993 U.S. Dist. LEXIS 9521, 1993 WL 264403 (M.D. Fla. 1993).

Opinion

ORDER DIRECTING PLAINTIFFS TO SHOW CAUSE

KOVACHEVICH, District Judge.

Before this Court for consideration are Plaintiffs’ Motion For Interim Attorneys’ Fees and Costs (Docket No. 432); Defendants’ Motion For Leave To Effect Discovery, [For Evidentiary Hearing] And To File A Supplemental Response To Plaintiffs’ Motion For Attorneys’ Fees (Docket No. 507); Defendants’ Response To Plaintiffs’ Motion For Interim Attorneys’ Fees and Costs (Docket No. 508); Plaintiffs’ Response To Defendants’ Motion For Leave To Take Discovery; For An Evidentiary Hearing; And for Leave To File a Supplemental Response To Plaintiffs’ Motion For Attorneys’ Fees (Docket No. 516).

J. PROCEDURAL HISTORY

The original complaint in this matter was filed in late 1958. In July of 1971, this Court entered its Opinion and Order re: Plan of School Board of Hillsborough County (Docket No. 255). This Order, while not a final judgment, constituted a final and appealable order as to all significant issues in dispute between the parties.

This Court retained jurisdiction of the implemented desegregation plan. Activity in this matter has ebbed and flowed since 1971, culminating in the Consent Order of this Court dated October 24, 1991 (Docket No. 428). The Consent Order adopted the agreed stipulations of the parties regarding an updated desegregation plan. This order, as with this Court’s Opinion and Order entered in July of 1991, represented a final and appealable order as to all significant disputes between the parties.

II. PLAINTIFFS’ MOTION FOR ATTORNEYS’ FEES AND DEFENDANTS’ RESPONSE

Within thirty days after this Court entered its Consent Order, as required by Local Rule 4.18, Rules of the Middle District. Plaintiffs filed their motion for interim attorneys’ fees and costs, as prevailing parties under the Civil Rights Attorneys’ Fees Awards Act of 1976, 42 U.S.C. § 1988 and the Emergency School Aid Act of 1972, 20 U.S.C. § 1617. Both parties agreed to attempt an informal resolution as to Plaintiffs motion, with this Court’s approval. These informal negotiations included attempts by Terrell T. Sessums, Esq. to mediate the dispute between the parties as to attorneys’ fees. Mr. Sessums was apparently unsuccessful in this endeavor and the parties have each declared the informal mediation efforts to be at an impasse.

Accordingly, the parties are now back before this Court requesting a decision on the matter of attorneys’ fees. Plaintiffs’ request [1408]*1408this Court find an hourly rate of $350 and a billing time of 3,866.3 to be reasonable components for the lodestar computation of Plaintiffs’ attorneys’ fees. Therefore, Plaintiffs request this Court award Plaintiffs a minimum of $1,353,205.00 in attorneys’ fees for services rendered by various attorneys on behalf of the Plaintiffs since the beginning of this litigation.

The billing hours reflect the work of at least ten different attorneys, all employed by, or working on behalf of, the Legal Defense Fund. Attorneys working for the Legal Defense Fund have been instrumental in seeking remedies for the deprivation of constitutional rights of Plaintiffs in this matter, as they have for plaintiffs in the vast majority of school desegregation cases litigated across this country in the last three decades.

Defendants object to such an award. Defendants assert Plaintiffs have failed to provide this Court with the factual information necessary for this Court to make a determination as to the reasonableness of the attorneys’ fees requested.

In particular, Defendants point to the lack of specific attorneys’ names associated with the work performed on the Time and Activity Report, filed by Plaintiffs, in support of the billing hours for which Plaintiffs request compensation. Defendants also assert Plaintiffs’ failure to certify and attest to the Time and Activity Report demonstrates that the Plaintiffs’ report is merely an approximation of time.

Further, Defendants argue that attorneys fees for several of Plaintiffs’ previous attorneys, who are deceased, cannot now be ascertained because neither Defendants, nor anyone else, can find out if these attorneys intended to ultimately receive compensation for their services. Additionally, Defendants claim that at least three of the attorneys of record were not employed by the Legal Defense Fund. Accordingly, Defendants assert, payment to the Legal Defense Fund for services of these attorneys would be a windfall to the Legal Defense Fund, while Defendants fear the individual attorneys would still have independent claims for fees. Defendants further allege that such claims cannot be assigned to the Legal Defense Fund.

Additionally, Defendants argue an award of attorneys’ fees to Plaintiffs, for services rendered prior to the 1971 desegregation order, would be manifestly unjust to the Defendants, due to the passage of time. Defendants maintain Plaintiffs have let pass several opportunities to move for attorneys’ fees for the period prior to the 1971 order, and thus have waived their right to such fees, or should be estopped from claiming such fees. Further, Defendants object strenuously to what they consider stale attorneys’ fees in light of the fact Plaintiffs are seeking an hourly rate enhanced to present value for services rendered throughout the litigation. Defendants argue that enhancement, a judicial shield to avoid the inequity of delay to plaintiffs attorneys, is being used by the Plaintiffs as a sword to inflate Plaintiffs’ attorneys’ fees claim.

Defendants also object to certain attorneys’ fees claimed by Plaintiffs for services rendered between July of 1971 and October of 1991. Defendants state that some services rendered by Plaintiffs’ attorneys, and the amounts of time for those activities, are excessive.

Finally, Defendants object to any enhancement of the hourly rate lodestar component of Plaintiffs’ fee calculation because Plaintiffs’ operated on a contingency fee basis. Defendants cite Supreme Court precedent disapproving enhancements to attorneys’ fee award lodestar calculations for the risks associated with contingency fee eases.

Because of perceived deficiencies in the information supplied by Plaintiffs in support of Plaintiffs’ claim for attorneys’ fees, Defendants request this Court grant their motion to engage in discovery. Defendants wish to investigate the reasonableness of Plaintiffs attorneys’ fees claim for themselves. Next, Defendants request permission to file a supplemental response to Plaintiffs’ motion in light of the information they cull from discovery. Further, Defendants move for an evidentiary hearing as to the reasonableness of the attorneys’ fees claimed by Plaintiffs.

In response to Defendants’ requests, Plaintiffs have requested this Court hold a series of status conferences, permit the Plaintiffs to [1409]*1409propound their own discovery upon Defendants, and allow the parties to submit supplemental responses to the motions, responses, and memoranda already filed regarding attorneys’ fees. Finally, Plaintiffs advise this Court they intend to hire special fee counsel to assist in “the conduct of this new round of litigation”.

III. DISCUSSION

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Cite This Page — Counsel Stack

Bluebook (online)
826 F. Supp. 1404, 1993 U.S. Dist. LEXIS 9521, 1993 WL 264403, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mannings-v-school-board-of-hillsborough-county-flmd-1993.