Weatherly et al v. Alabama State University

Filing 277

MEMORANDUM OPINION AND ORDER: 1. The 196 Motion for Leave to Attach Omitted Exhibits A & B is GRANTED. 2. The Motion Seeking Leave to Attach Omitted Exhibit C (Doc. 198 ) is GRANTED. 3. The Consent Motion for Leave to File (Doc. 260 ), the Motion to Substitute (Doc. 261 ) is GRANTED. 4. The Motions for Attorneys Fees (Doc. 175 , 181 , 250 , 258 ) are GRANTED to theextent that compensation for attorneys fees and expenses is due as further set out in the order. Accordingly, it is hereby O RDERED that the Plaintiffs shall recover of ASU the sum of $1,089,064.00 in attorneys and paralegals fees and $33,970.40 in costs and expenses, for a total of $1,123,034.40. 2. Due to the courts granting of the Motions for Attorneys fe es and entering judgmentagainst ASU for amounts of fees and costs which satisfies the attorneys lien of McGowan, Arrington, and Fitzpatrick against the recovery of Weatherly and Williams, the Motions to Modify the Attorneys Charging Liens (Doc. 262 , 263 ) are DENIED as moot. The Motion to File Exhibits to Oppositions to Motions to Modify Attorneys Charging Liens and Incorporated Supporting Memorandum Under Seal (Doc. 265 ) is GRANTED and the Clerk is DIRECTED to seal those documents. The liens are ORDERED discharged. 3. Any other pending motions are DENIED as moot. Signed by Honorable Judge W. Harold Albritton, III on 11/21/2013. (Attachments: # 1 Civil Appeals Checklist)(dmn, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION

JACQUELINE WEATHERLY,
CYNTHIA WILLIAMS, and LYDIA
BURKHALTER,
Plaintiffs,
v.
ALABAMA STATE UNIVERSITY,

Defendant.

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Civil Action No. 2:10CV192-WHA
(wo)

MEMORANDUM OPINION AND ORDER
I. Facts and Procedural History
This cause is before the court on the Plaintiffs’ Motion for Attorneys Fees (Doc. #175),
an Amended Motion for Attorneys Fees (Doc. #181), a Motion Seeking Leave to Attach Omitted
Exhibits A & B (Doc. #196),1 a Motion for Leave to File Omitted Exhibit C (Doc. #198), a
Motion for Leave to File Supplemental Evidence in Support of Response to Show Cause (Doc.
#204), a Motion for Leave to File (Doc. #205), a Supplemental Motion for Attorneys Fees by
Lydia Burkhalter (Doc. #250), a Supplemental Motion for Attorneys’ Fees filed by Lydia
Burkhalter (Doc. #258), a Consent Motion for Leave to File (Doc. #260), a Motion to Substitute
(Doc. #261), a Motion to Modify (Doc. #262), a Motion to Modify (Doc. #263), a Motion to

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With respect to the motions for leave to file omitted exhibits, these will be granted.
The submissions are evidence and argument in rebuttal of the Defendant’s interpretation of
previously submitted evidence and, therefore, will be considered as rebuttal. The Eleventh
Circuit has indicated that when a defendant objects to specific hours, the proper procedure is for
the plaintiffs seeking fees to “supplement the record . . . .” ACLU v. Barnes, 168 F.3d 423, 433
(11th Cir. 1999). The Consent Motion to file and substitute are also due to be GRANTED.

Seal Exhibits (Doc. #265), a Motion for Attorneys’ Fees filed by Lydia Burkhalter, a Motion to
Strike Response in Opposition (Doc. #269), and a Motion by Jacqueline Weatherly and Cynthia
Williams (Doc. #271) for attorneys’ fees which originally was filed in the Eleventh Circuit Court
of Appeals and which the court transferred to this court. (Doc. #270).
This action was brought under Title VII of the Civil Rights Act of 1964. Plaintiffs were
represented by attorneys Candis McGowan (“McGowan”), Joseph L. Fitzpatrick, Jr.
(“Fitzpatrick”), and Monica Arrington (“Arrington”).
The case was originally set for trial in October 2011, but was reset by Order of the court
because the Motion for Summary Judgment included voluminous briefs and exhibits and
complex issues. (Doc. #83). The Motion for Summary Judgment subsequently was granted in
part and denied in part. (Doc. #89 at p. 59-60). The Motion was granted as to two retaliation
claims by Plaintiff Jacqueline Weatherly (“Weatherly”), and as to race and gender discrimination
in termination claims by Plaintiff Lydia Burkhalter (“Burkhalter”). The Motion for Summary
Judgment was denied as to all Plaintiffs’ claims for racial harassment and sexual harassment in
Counts One and Two of the Amended Complaint; disparate treatment gender and race claims
and retaliation claims by Weatherly in Counts Three, Four, and Nine of the Complaint; gender
and race disparate treatment claims and retaliation claims by Jacqueline Williams (“Williams”)
in Counts Five and Six; and gender and race disparate treatment claims and retaliation by
Burkhalter in Counts Seven and Eight. The court declined to exercise supplemental jurisdiction
over the state law claim in Count Ten.
Jury selection commenced on February 6, 2011, and at the conclusion of the trial, on
February 17, 2011, the jury returned a verdict, finding in favor of Weatherly on her racial

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harassment claim and three of her eight retaliation claims; in favor of Williams on her racial
harassment claim and three of four retaliation claims; and in favor of Burkhalter on her racial
harassment and sexual harassment claims and three of her six retaliation claims. (Doc. #150).
The jury awarded $350,000.00 to Weatherly for emotional pain and anguish and $9,453.06 for
lost leave time. (Doc. #150). The jury awarded Williams $213,500.00 in emotional pain and
mental anguish damages and $141,573.76 for lost wages and benefits. The jury awarded
Burkhalter $230,000.00 in damages for emotional pain and mental anguish and $94,592.51 in net
lost wages and benefits. (Doc. #150). The case was unsuccessfully mediated pre- and post-trial.
The court applied the statutory cap of $300,000 (42 U.S.C. § 1981a(b)(3)(D)), to the award of
mental anguish damages to Weatherly. (Doc. #158).
The court then held an evidentiary hearing on a motion for equitable relief by Williams
and Burkhalter, and on May 25, 2012 awarded front pay and prejudgment interest on back pay.
(Doc. #172). The same day the court entered final judgment against the Defendant, Alabama
State University, and in favor of Weatherly for a total of $309,453.06, Williams for $392,648.23,
and Burkhalter for $376,509.65, plus costs. (Doc. #173).2
The Plaintiffs moved for attorneys’ fees, costs, and expenses pursuant to 42 U.S.C. §
1988, and supplemented that request.3 (Doc. #181 p.2).

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This judgment has not yet been paid, due to Alabama State University’s appeal. The
Plaintiffs are entitled to an additional amount of interest on their recoveries at the statutory rate
from May 25, 2012 until the judgment is satisfied. See 28 U.S.C. § 1961.
3

42 U.S.C. § 1988(b) provides as follows:

the court, in its discretion, may allow the prevailing party, other than the United
States, a reasonable attorney's fee as part of the costs . . . .
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On June 23, 2012, the Defendant filed a Renewed Motion for Judgment as a Matter of
Law (Doc. #182), which this court denied on July 23, 2012 (Doc. #206).
On June 25, 2012, the Defendant filed a Notice of Appeal to the Eleventh Circuit Court
of Appeals.
In September 2012, attorneys Kristin Parsons (“Parsons”), Mark Gonzalo Montiel
(“Montiel”), and Harold William Wasden (“Wasden”) entered appearances in this case on behalf
of Plaintiffs Weatherly and Williams. McGowan, Arrington, and Fitzpatrick then moved to
withdraw as attorneys for Weatherly and Williams, and moved for leave to file a lien for
reasonable attorneys’ fees and costs.
On September 20, 2012, this court granted the Motion to Withdraw, and McGowan,
Arrington, and Fitzpatrick continued to represent only Plaintiff Burkhalter. (Doc. #245). The
court also ordered a lien placed on behalf of McGowan, Arrington, and Fitzpatrick, at their
request, against any recovery by Weatherly and Williams for reasonable attorneys’ fees for work
performed for them until September 17, 2012. (Doc. #245).
Oral argument was held on the Defendant’s appeal to the Eleventh Circuit Court of
Appeals. The Eleventh Circuit affirmed this court’s Order awarding equitable relief, an Order
denying a pre-trial motion to sever, and the final judgment in favor of the Plaintiffs, and declined
to decide the appeal of the denial of the renewed motion for judgment as a matter of law due to
lack of appellate jurisdiction. (Doc. #247).
After the Plaintiffs’ initial submission of a request for attorneys’ fees, McGowan,
Arrington, Fitzpatrick, and Sam Heldman (“Heldman”), attorneys for Plaintiff Burkhalter,
supplemented the request for attorneys’ fees and expenses to include time and expenses incurred

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post-trial, and on appeal. The court gave the Defendant time in which to respond to the
supplemental matters.
Williams and Weatherly subsequently filed Motions in this court to modify the attorneys’
charging lien.
The Eleventh Circuit Court of Appeals then transferred to this court for consideration a
motion by Burkhalter for attorneys’ fees and expenses post-trial, as well as a motion by
Weatherly and Williams for post-trial fees (Doc. #270).
In total, the Plaintiffs seek $1,415,820.00 in attorneys’ fees, $51,750.00 in paralegal fees,
and $33,970.40 in expenses for counsel for Burkhalter and trial counsel for Weatherly and
Williams (Doc. #258), and $141,820.00 in attorneys’ and paralegal fees for post-trial counsel for
Weatherly and Williams (Doc. #271).
II. Discussion
A. Attorneys’ Fees
The Defendant, Alabama State University, (“ASU”), acknowledges that the Plaintiffs are
prevailing parties, and as such are entitled to some recovery of attorneys’ fees, but raises three
primary objections to the Plaintiffs’ specific fee requests. First, ASU opposes some of the hourly
rates submitted by Plaintiffs; second, ASU objects to some of the billing items, asserting that the
billed hours are excessive for the tasks performed, or otherwise objectionable; and third, ASU
argues that the court must reduce the total fee award for time expended up to trial because
Plaintiffs obtained a favorable jury verdict on only some of their claims. The court separately
addresses each of Defendant's arguments regarding fees.
In evaluating a motion for attorneys’ fees, this court is to use the “lodestar” approach.

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See Norman v. Housing Auth. of City of Montgomery, 836 F.2d 1292 (11th Cir.1988). Under this
approach, the court must determine the “lodestar” figure. Id. The “lodestar” figure equals the
reasonable hourly rate multiplied by the hours reasonably expended and represents a
presumptively reasonable fee. Id.
Factors to be considered by the court, known as the Johnson factors, are as follows: (1)
the time and labor required; (2) the novelty and difficulty of the questions; (3) the skill requisite
to perform the legal services properly; (4) the preclusion of other employment by the attorney
due to acceptance of the case; (5) the customary fee for similar work in the community; (6) the
existence of a contingent-fee contract; (7) time limitations imposed by the client or the
circumstances; (8) the amount of damages and type of relief involved and the results obtained;
(9) the experience, reputation, and ability of the attorneys; (10) the “undesirability” of the case;
(11) the nature and length of the professional relationship with the client; and (12) awards in
similar cases. Id.; Johnson v. Georgia Highway Express, Inc., 488 F.2d 714 (5th Cir.1974).
1. Hourly Rate
A reasonable hourly rate is the prevailing market rate in the relevant legal community for
similar services by lawyers of reasonably comparable skills, experience, and reputation.
Norman, 836 F.2d at 1299. The fee applicant bears the burden of “establishing entitlement and
documenting the appropriate hours and hourly rates.” Id. at 1303. To satisfy this burden, the fee
applicant is required to submit to the court: (1) specific and detailed evidence from which it can
determine the reasonable hourly rate for the community and (2) records evidencing time spent on
different claims and setting out with sufficient particularity the general subject matter of the time
expenditures so that the court can assess the time claimed for each activity. A.C.L.U. of Ga. v.

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Barnes, 168 F.3d 423, 427 (11th Cir. 1999).
In this case, the Plaintiffs seek a rate of $400.00 per hour for the time of their attorneys
McGowan and Heldman, $325.00 per hour for their attorneys Fitzpatrick, and Arrington,
$275.00 per hour for attorneys Rachel McGinley (“McGinley”) and Jacob Kiser (“Kiser”), and
$125 an hour for paralegal support (Doc. #181 at p.3); (Doc. #250 at p.4).
Plaintiffs Weatherly and Williams also seek an hourly rate of $300 for attorneys Montiel
and Wasden, $250 for Parsons, $200 for Gillian Egan (“Egan”), $115 for law clerk Rachel Miller
(“Miller”), and $125 for paralegal Patti Grove (“Grove”), who represented those two Plaintiffs
post-trial (Doc. #271 at p.7).
ASU responds that McGowan and Heldman should be compensated at a rate of $250.00
per hour, Fitzpatrick and Arrington at $200.00 per hour, McGinley and Kiser at $175 an hour,
and paralegal support should be compensated at a rate of $80 per hour. ASU also responds that
Montiel and Wasden should be compensated at $250 per hour, but agrees that Parson’s and
Egan’s claimed rates are reasonable. (Doc. #275 at p.14).4 ASU further contends that if time
expended by Grove and Miller is compensated, the hourly rate should be $80.
In evaluating the evidence offered to support these proposed rates, the court will apply
the Johnson factors relevant to such inquiry:
a. The court addresses together the factors of the time and labor required, the skill
requisite to perform the legal services properly, and the novelty and difficulty of the questions.

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The court notes that ASU is in agreement that $250 is a reasonable rate in the relevant
community for Parsons, but asks the court to apply the same rate to attorneys with substantially
more experience, and substantial experience in civil rights cases. The court cannot conclude that
applying the same rate of $250 is reasonable in this case.
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The Plaintiffs’ attorneys’ affidavits set out the scope of the litigation, including the E.E.O.C.
administrative investigation; discovery comprised of thousands of pages of documents and
multiple depositions, including three Rule 30(b)(6) depositions; responding to a motion to sever;
responding to a motion for summary judgment involving voluminous evidence; extensive
unsuccessful settlement negotiations; trial, which began with jury selection on February 6, 2011,
and ended with a jury verdict on February 17, 2011; an evidentiary hearing on equitable relief;
post-trial motions; and appellate briefing and oral argument.
This case required substantial time and labor, as evidenced in part by the fact that trial of
the case was continued by the court on the basis of the volume of material presented at the
summary judgment stage. As to the skill requisite to perform the legal services and the novelty
and difficulty of the questions, the Plaintiffs’ claims included acts of two types of harassment, as
well as multiple instances of retaliation, and therefore, while not necessarily novel, were
complex and required expertise in employment law to litigate. The brief filed on appeal required
skills in distilling voluminous information and presented jurisdictional and waiver arguments
ultimately relied upon in the Plaintiffs’ appeal.
b. The preclusion of other employment by the attorney due to acceptance of the case–
Fitzpatrick states that as a solo practitioner, due to deadlines and appearances in this case,
he had to decline several new cases. (Doc. #176 at p.18). Arrington also is currently a solo
practitioner. (Doc. #175-4 at p. 1). Montiel practiced law during this time as a solo practitioner
with the assistance of law clerk Miller, who is now a licensed attorney. (Doc. #273).
c. The customary fee for similar work in the community-The most extensive evidence presented by the parties as to the reasonableness of the

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hourly rates to be accessed in this case comes in the form of attorney affidavits which offer
opinions as to the customary fee for similar work in Montgomery, Alabama.
Plaintiffs’ attorneys McGowan, Heldman, Arrington, Fitzpatrick, Montiel, and Parsons
submit their own affidavits. Fitzpatrick states that his current hourly rate is between $275 and
$375 an hour. (Doc. #176 at p.10). Arrington states in her affidavit that her rate falls within the
customary rate of attorneys in this area for similar services which she states is $250 to $525 an
hour. (Doc. #175-4 at p.4).
McGowan states in her affidavit that she has received awards for attorneys’ fees in a
range of $400.00 to $525.00 per hour. She states that her hourly rate is $450, and that the
current hourly rate for associates with three to six years of experience is $250 to $275 per hour.
(Doc. #175-1- at p.16).
McGowan further states that paralegals in her firm are billed at $125.00 per hour. (Doc.
#175-1 at p.6). Montiel’s hourly rate is $300 per hour. (Doc. #273). Parsons’ hourly rate is
$260 in 2013, Wasden’s $325, Egan’s $200, and Grove’s $145. (Doc. #274 at p.9).
In addition to their attorneys’ affidavits, the Plaintiffs also submit the affidavits of
attorneys William Baxley, James Anderson, Alicia Haynes, and Julian McPhillips. Two of
these attorneys are Montgomery attorneys, and two are Birmingham attorneys who state that
they regularly practice in Montgomery. William Baxley and James Anderson also submitted
supplemental declarations.
William Baxley states in his initial affidavit that he is knowledgeable of the reputation of
McGowan and her firm in litigating violations of Title VII. He states that in his opinion the
customary rate for attorneys with skills and expertise similar to McGowan is $350 to $450 an

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hour, the customary rate for attorneys with skills and expertise similar to Arrington and
Fitzpatrick ranges from $300 to $400 an hour, and the customary rate for associates similar to
Kiser and McGinley ranges from $250 to $300 per hour. (Doc. #175-3 at p.53). In his
supplemental declaration, William Baxley states that $400 is a reasonable rate for appellate work
in this district. (Doc. #250-4). Other affiants presented by the Plaintiffs, James Anderson and
Alicia Haynes, offer their opinions that the $400 is within the range of reasonable rates for an
attorney of McGowan’s experience, $300 is within the range for Arrington and Fitzpatrick, and
$275 is within the range for Kiser and McGinley. (Doc. #175-3 at p.59, 66). In his
supplemental affidavit, James Anderson says that $400 an hour is a reasonable rate for appellate
work in this district. (Doc. #250-5).
James Anderson also states that paralegals are compensated in a range from $75 to $120
an hour. Alicia Haynes also states that paralegals in this case should have an hourly rate of $125
per hour. (Doc. #175-3 at p.66-7). Julian McPhillips sets a range for paralegals at $75 to $125 an
hour. (Doc. #175-3 at p.73).
In response to the affidavits filed in support of the trial counsel’s fee petition, as well as
in response to post-trial counsel’s petitions, ASU submits affidavits from attorneys, including
ASU’s counsel. An affiant for ASU, David Burnick, a Birmingham attorney who has practiced
in Montgomery, offers the opinion that experienced practitioners in Title VII cases would expect
to have an hourly rate within a range of $175.00 to $325.00 an hour in Montgomery. (Doc. #
189-1 at p.6). ASU also provides an affidavit of Montgomery attorney James Seale in which he
states that the range for attorneys in Montgomery with 20 years of experience is $250 to $300
per hour, and attorneys with ten to twenty years of experience have an hourly rate in a range of

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$200 to $225 per hour (Doc. #189-2). ASU also presents evidence that the range for paralegal
hourly rates is $60 to $85 (Doc. #189-1 at p.7), or $65 to $85 (Doc. #189-2).
d. The existence of a contingent-fee contract-McGowan has stated in her affidavit that Plaintiffs Williams and Burkhalter were not in a
financial position to pay attorneys on an hourly basis, so that counsel undertook contingent fee
representation. (Doc. #175-1 p. 19). For Plaintiff Weatherly, Plaintiffs’ counsel was paid a
maximum maintenance rate by the Alabama Education Association of $100 per hour.
According to McGowan, when contingent representation is undertaken, the attorneys undertake
the risk of paying expensive costs, and a risk of loss of payment for the number of hours
required, which are so significant that a law firm cannot undertake a case such as this one
without the payment of hourly rates sufficient to compensate for that risk. (Doc. #175-1 at p.18).
e. The parties have not presented evidence to show that the time limitations imposed by
the client or the circumstances is a relevant consideration is setting the reasonably hourly rates in
this case.
f. The experience, reputation, and ability of the attorneys–
McGowan has been licensed to practice law in the State of Alabama since 1986. (Doc.
#175-1 at p.2). She specializes in labor and employment law and civil rights. She has taught
seminars and continuing legal education classes on labor and employment law, including claims
under Title VII. (Doc. #175-1 at p.4). Fitzpatrick has practiced law since April 1999, and states
that he practices extensively in the area of civil rights. (Doc. #176 at p. 20). Arrington has been
practicing law since April of 1996. (Doc. #175-4 p. 1).
Heldman has practiced law since 1990. (Doc. #250-2). He has experience in brief-

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writing and oral argument in the Eleventh Circuit and has practiced before the United States
Supreme Court. (Doc. #250-2 at p. 2-3).
Kiser has been licensed to practice law since 2007, and McGinley since 2005. (Doc.
#175-1 at p.6). The paralegals who offered support and who are still employed with McGowan’s
firm had 13 and 6 years of experience, respectively. (Doc. #175-1 at p.6).
Montiel has been licensed to practice law since 1981. He states in his affidavit that this
case required special familiarity with appellate standards involving racial and sexual hostile
environments, and retaliation, which are skills that are not gained in the general practice of law,
and required attorneys experienced in Title VII cases to appeal. (Doc. #273 p. 8). Montiel states
that while he worked on the appeal in this case, he had a law clerk, Miller, working under his
direction, and although she is now an associate attorney, he has only requested she be
compensated at the law clerk hourly rate.
Parsons states in her affidavit that she has been licensed to practice law since 2002, has a
employment defense litigation practice, and is a lecturer on employment law (Doc. #274).
Wasden has been licensed to practice law since 1981. Egan has been licensed to practice law
since September 2011. Grove is a paralegal with twenty years of experience in civil litigation
work, with ten of those years as a litigation paralegal.
g. The “undesirability” of the case–
McGowan states in her affidavit that attorneys are usually unwilling to undertake
protracted hostile environment and retaliation cases because fees awarded typically are not
sufficient to compensate for disruptions to practice. Fitzpatrick states in his affidavit that
witnesses in this case who gave testimony on behalf of ASU included a member of the Alabama

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legislature, the Chairman of the Montgomery County Commission, and a Alabama Circuit Court
Judge, making the case particularly difficult. (Doc. #176 at p.17).
Montiel states in his affidavit that attorneys in the relevant legal market are unwilling to
undertake protracted appeals in hostile environment and retaliation cases because the fees
typically awarded do not compensate for the risks and disruptions to practice. (Doc. #273 at p.
7).
h. The nature and length of the professional relationship with the client. Fitzpatrick
states in his affidavit that this representation was a one-time representation, and so future legal
employment was not expected from this professional relationship. (Doc. #176 at p.19).
i. Awards in similar cases–
The affidavits provided by the Plaintiffs cite to cases in which McGowan was awarded a
fee of $400 per hour, $525 per hour, and $300 per hour. (Doc. #175-3 at p.67-8). The highest of
these rates, however, was awarded in multi-district litigation, which is a substantially more
complicated matter. (Doc. #175-3 at p.67 citing In re Tyson Foods, Inc., Fair Labor Standards
Act Litigation, MDL No. 1854, 4:07-md-01854-CDL (M.D. Ga. January 23, 2012)).
In Hall v. Lowder Realty Co., Inc., 263 F. Supp. 2d 1352, 1369 (M.D. Ala. 2003),
paralegals were awarded fees based on a rate of $65 and $75 an hour. In Hall, the court noted
that it had previously found paralegal work to be compensable between $50 and $70 per hour. Id.
In response to the fee petitions of both trial counsel and post-trial counsel, ASU cites
civil rights cases from the United States District Court for the Middle District of Alabama in
which trial counsel was awarded a maximum rate of $200 per hour, Ferrari v. E-Rate Consulting
Serv., No. 2:09cv49-MEF, 2011 WL 1187850 (M.D. Ala. March 30, 2011); $250 per hour, see

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Haynes v. City of Montgomery, No. 2:06cv1093-WKW, 2008 WL 4495711 (M.D. Ala. Oct. 6,
2008); and $275 per hour, Hall, 263 F. Supp. 2d at 1369 (fees awarded for non-contingent work).
In Hall, the court noted that it had previously determined that the customary fee in Montgomery,
Alabama for civil rights cases ranges from $125 to $350. Id. at 1366.
Evaluating all of the relevant factors, and especially in light of awards in similar cases,
the court finds that some of the rates requested by the Plaintiffs are unreasonably high. The
court also finds, however, that the maximum rate, and some other hourly rates, reasonably
awarded in this case should be higher than that suggested by ASU in brief, given the involved,
and time-consuming nature of this particular civil rights case against a public entity; given that
three attorneys were solo practitioners forced to forgo employment; that one trial attorney has a
great deal of experience and expertise in civil rights cases; another attorney significant
experience in appellate work; others have extensive experience in general litigation; and that
representation of two of the Plaintiffs was undertaken on a contingent fee basis. The court also,
however, finds some rates acceptable to ASU to be reasonable, or higher than is reasonable.
Upon consideration of all of the relevant factors, and based on the court’s experience
with the relevant market of Montgomery, Alabama, and with similar employment discrimination
cases, the court finds that it is reasonable to compensate McGowan, Heldman, Montiel and
Wasden near the top of the range of fees for similar cases in this market which has been
acknowledged by ASU, and to compensate the other attorneys commensurate with their
experience below that rate. Therefore, the following rates are the reasonable hourly rates to be
applied in this case:

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Candis McGowan

$300 per hour

Sam Heldman

$300 per hour

Mark G. Montiel

$300 per hour

H. William Wasden

$300 per hour

Monica Arrington

$225 per hour

Joseph L. Fitzpatrick, Jr.

$225 per hour

Kristin Taylor Parsons

$225 per hour

Jacob Kiser

$175 per hour

Rachel McGinley

$175 per hour

Gillian Egan

$150 per hour

Rachel Miller

$100 per hour

Paralegals

$ 80 per hour

2. Hours Reasonably Expended Pre- and During Trial
The Plaintiffs seek recovery for 1,078.60 hours for McGowan, 1,373.20 hours for
Arrington, 915.80 hours for Fitzpatrick, 33.50 hours for Kiser, 42 hours for McGinley, and
374.10 hours for paralegal support. (Doc. #181 p.3).
ASU argues that the total number of hours claimed by the Plaintiffs is excessive. ASU
points to specific tasks and challenges hours claimed as follows:
a. Duplicative entries–ASU has set out times in its Exhibit 5 which it identifies as being
duplicative. These include entries for time expended more than once for a task with the same
description, so that ASU interpreted the entries as two time entries for the same task. The

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Plaintiffs, however, have demonstrated satisfactorily in rebuttal that what may have appeared to
be two entries for the same task were actually entries for different parts of a task. (Doc. #196-1
Ex. A and B #198-1). Therefore, the court will not reduce the time indicated for alleged
duplicative entries.
b. Redundant and not recoverable hours–ASU submits Exhibit 6 which its states depicts
tasks performed by the same timekeepers and that the Plaintiffs have failed to show that the
duplicate hours reflect a distinct contribution.
“There is nothing inherently unreasonable about a client having multiple attorneys.”
ACLU, 168 F.3d at 432. Therefore, a reduction for redundant hours “is warranted only if the
attorneys are unreasonably doing the same work. Id. Time spent by two or more attorneys can be
compensated, as long as it “reflects the distinct contribution of each lawyer to the case and the
customary practice of multiple-lawyer litigation.” Id. “Thus, a fee applicant is entitled to recover
for the hours of multiple attorneys if he satisfies his burden of showing that the time spent by
those attorneys reflects the distinct contribution of each lawyer to the case and is the customary
practice of multiple-lawyer litigation.” Id.
First, the court notes that ASU’s objection on the basis of redundancy is insufficient
because, although ASU has identified one timekeeper in its exhibit, and claimed redundant
hours, ASU has not pointed to an entry of another timekeeper to establish redundancy.
Even without a specific identification of time allegedly redundant of other time, in their
replies to ASU’s submission, each of the three Plaintiffs’ attorneys offers an explanation of their
roles in the case leading up to and including trial. For example, McGowan describes her role as
being lead counsel and counsel directly responsible for the depositions and trial cross-

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examination of ASU officials, drafting most briefs and motions, including summary judgment
briefs and post-trial motions. (Doc. #175-1 at p.10). In a supplemental submission, the
Plaintiffs also explain that a paralegal’s attendance at the post-trial evidentiary hearing was
necessary because she calculated the front pay charts and until ASU agreed to the amount at the
hearing, it was not known whether the paralegal would have to testify. (Doc. #198-1 at p. 4).
Arrington explains that she performed particular tasks at trial, such as answering client questions
so that her co-counsel could focus on the trial. (Doc. #196-1). The court, having observed the
trial, finds this to have been reasonably necessary. Fitzpatrick explains that he was responsible
for the trial preparation of Plaintiffs Williams and Weatherly and was responsible for the direct
or cross examination of 11 of the 18 witnesses who testified at trial. (Doc. #176 at p.6).
This is not a case in which the attorneys failed to supplement the record in an attempt to
clarify the role of various attorneys. See ACLU, 168 F.3d at 433. The court cannot conclude that
ASU has adequately challenged hours as being redundant, in light of the explanations offered, to
deduct specific hours.5
c. Clerical or administrative hours–in Exhibit 7, ASU has identified multiple entries
which it contends are clerical tasks performed which are not recoverable. One of these is the
entry for Arrington, “Appointments for Clothing Inspection.” Arrington explains that this entry
refers to an exchange of exhibits for visual inspection at the request of Defendant to review

5

At trial, however, there were two Plaintiffs’ attorneys conducting examinations of
witnesses, an attorney performing separate functions which did not include any witness
examinations, and a paralegal. Therefore, while the court does not find that ASU has adequately
identified hours to be deducted for purposes of the lodestar calculation, the court will consider
this factor in determining the reasonableness of the lodestar calculation in light of the Plaintiffs’
overall success.
17

clothing given as a gift to a Plaintiff by LaVonette Bartley, (Doc. #196-1 at p.14), which formed
the basis of one of the Plaintiffs’ allegations of harassment. The clarification provided
demonstrates that the task was not clerical.
The Plaintiffs also argue that many of the tasks of McGowan’s identified as clerical are
not merely clerical. For example, one challenged entry, an entry on 2/9/2012, states that
McGowan e-mailed a paralegal regarding serving subpoenas on witnesses. (Doc. #189-7 at p.7).
The Plaintiffs have explained that McGowan has to instruct paralegals on serving subpoenas, and
is the attorney responsible for making sure that documents are served or filed. Arrington
similarly explains that her .3 entry for “subpoena addresses,” involved giving instruction to an
investigator about addresses for various witnesses. (Doc. #196-1 at p.14). The Plaintiffs have
also explained that Kiser’s time spent on discovery responses, which is challenged in Exhibit 7,
is not due to be deducted as clerical, because the discussion was of discovery and its legal effect
on the case. The court agrees that these explanations demonstrate that the entries were not for
clerical tasks.
Other entries, however, are not explained, such as entries by McGowan indicating
“receipt of emails” or “calls regarding” the scheduling of meeting times or reserving a
conference room. (Doc. #189-7). While the Plaintiffs say in their supplemental response that
the time entries relating to meetings with clients and witnesses are not administrative work, these
entries which regard the scheduling of meetings appear to have more clerical aspects. See
Johnson v. TMI Management Systems, Inc., No. 11-0221-WS-M, 2012 WL 4435304, at *5 (S.D.
Ala. Sept. 26, 2012) (identifying the following as clerical tasks: “telephone call to client re:
scheduling appointment”). The Plaintiffs appear to recognize that some parts of the tasks are

18

clerical (Doc. #198-1 at p.4), but state that the entire amount identified by ASU is not due to be
deducted.
The Plaintiffs also acknowledge that some paralegal time claimed might have been spent
on clerical tasks, but state that at most it was 9.1 hours, rather than 81 hours as claimed by ASU.
(Doc. #198-1 at p.7).
The court has reviewed the 22 page exhibit submitted by ASU with times which it has
identified as being clerical.6 Although the Plaintiffs have not necessarily conceded that a
reduction in paralegal hours for clerical tasks is due, the court agrees with the Plaintiffs’
valuation of the paralegal time viewed as clerical as being 9.1 hours, and will deduct 9.1 hours
from the claimed 374.10 hours for paralegal support.
It also appears to the court that there are thirty entries of .1 of an hour by McGowan
which refer to tasks which should be considered clerical. (Doc. #189-7 at p. 2, 3, 5, 6, 8). The
Eleventh Circuit has indicated that time spent on clerical tasks is still compensable, but just not
at the attorneys’ rate. Norman v. The Housing Authority of the City of Montgomery, 836 F.2d
1292, 1306 (11th Cir. 1988) (stating “a fee applicant is not entitled to compensation at an
attorney’s rate simply because an attorney undertook tasks which were mundane, clerical, or
which not require the full exercise of an attorney’s education and judgment.”). In this case,
rather than attempt to apply a different rate, the court will follow the approach of another district
court and deduct “one-half of the hours properly assigned to nonlegal tasks. . . .” E.E.O.C. v.
Autozone, Inc., No. 10cv11648-WGY, 2013 WL 1277873, at *8 (D. Mass. March 29, 2013).

6

The court has also compared the exhibit with the submitted time by the Plaintiffs’
attorneys.
19

Therefore, the court finds that 1.5 hours of McGowan’s time will be deducted from her claimed
1,078.60 hours.
d. Excessive time–ASU submits Exhibit 8 and states that the entries in it represent
excessive billing and should be reduced by 1/3. While ASU states that the entries on the 15
page exhibit are excessive, ASU does not explain why. (Doc. #189 at p.18).
The court has reviewed the exhibit, and the Plaintiffs’ responses thereto. This was an
involved case with three Plaintiffs bringing multiple claims, and involving multiple officials at
Alabama State University. In her affidavit, McGowan states that Plaintiffs’ counsel attempted to
limit fees by using paralegal assistance in preparing discovery responses, disclosures, back pay
calculations, exhibits, and witness and exhibit lists, and using associates Kiser and McGinley for
assistance in research and drafting. (Doc. #175-1 at p.11). Arrington states that as a solo
practitioner, she could not delegate work to an associate or paralegal, but she did not include
total time for work such as reading discovery documents. (Doc. #175-4 at p.4). In the absence
of any specific reason offered by ASU to the contrary, the court finds that the time entries
identified are not excessive.
e. Vague and cryptic entries–in Exhibit 9, ASU identifies 108 hours of entries for
Arrington and .8 hours for paralegals which it states are cryptic, and too vague to meet the
Plaintiffs’ burden in seeking compensation.
The Plaintiffs’ explanation with regard to the challenged paralegal time is that the
identified paralegal time has been taken out of context because it must be read along with the
preceding entry. Arrington offers a similar explanation for some of her time entries. For
example, the entry, “call to client (JW)–re: same” refers to the previous entry “Several E-mails

20

Concerning Depositions from Client re: whom, why and timing.” (Doc. #177-1). The court
accepts this explanation and finds those entries are not so vague so as to meet the Plaintiffs’
burden.
Another entry by Arrington is “PR Discussions.” (Doc. #189-9). In supplemental
materials, the explanation offered for the entry of 1.5 hours for “PR” is “Media & Press
Discussions With Clients and Counsel.” (Doc. #196-1 at p.25). Because the explanation
reveals that the time was not expended for litigation purposes, the court will deduct that 1.5
hours from Arrington’s claimed 1,373.20 hours. See E.E.O.C. v. AutoZone, Inc., No, 10-11648,
2013 WL 1277873, at *5 (D. Mass March 29, 2013) (deducting time spent counseling
individuals on how to handle media inquiries).
3. Adjustment to the Lodestar Figure for Time Expended at Trial
ASU argues that the lodestar figure must be reduced to reflect the Plaintiffs’ degree of
success. ASU contends that the Plaintiffs pled 41 claims but succeeded on only 13 of those
claims. ASU does not separate out the lodestar figure for each Plaintiff, but argues that the court
should reduce the entire lodestar figure by 50%.
The Plaintiffs dispute the characterization of their claims, stating that a verdict was
returned in favor of the Plaintiffs on 7 of 9 claims which were submitted to the jury. The
Plaintiffs explain that each of them had claims for racial harassment, sexual harassment,
retaliation, and disparate treatment, both gender and race. At the close of the evidence, the
Plaintiffs conceded their disparate treatment claims, and those claims did not go to the jury. The
Plaintiffs argue that Burkhalter was successful on all of her claims, racial and sexual hostile
environment, and retaliation, and that Weatherly and Williams were successful on two of three

21

claims, racial hostile environment and some retaliatory actions.
The Plaintiffs state that they have not submitted time and/or did not expend any time on
interviewing or deposing employees as to the disparate treatment claims which were ultimately
dismissed at trial. They argue that any time submitted spent on those claims overlapped with
proof on the successful claims. McGowan states in an affidavit that time spent exclusively on
claims dismissed by summary judgment or other Orders, including time spent on attempting to
obtain a temporary restraining order for Weatherly, has not been submitted. (Doc. #175-1 at
p.7). Arrington (Doc. #175-4 at p.4) and Fitzpatrick (Doc. #176 at p.3) make similar statements
in their affidavits. The Plaintiffs do not, however, specifically address the sexual harassment
claims of Plaintiffs Weatherly and Williams, and the retaliation theories of Weatherly, Williams,
and Burkhalter which were not successful at trial.
In Hensley the Supreme Court stated:
In some cases a plaintiff may present in one lawsuit distinctly different claims for
relief that are based on different facts and legal theories. In such a suit, even
where the claims are brought against the same defendant [ ] ..., counsel's work on
one claim will be unrelated to his work on another claim. Accordingly ..., these
unrelated claims [must] be treated as if they had been raised in separate lawsuits,
and therefore no fee may be awarded for services on the unsuccessful claim

Hensley, 461 U.S. at 434–35. If a plaintiff's claims for relief, however, “involve a common core
of facts or will be based on related legal theories,” then “the district court should focus on the
significance of the overall relief obtained by the plaintiff in relation to the hours reasonably
expended on the litigation.” Id. at 435. A court “can reduce attorneys’ fees from the lodestar
amount even though the unsuccessful and the successful claims are related if the plaintiff
obtained only limited success.” Popham v. City of Kennesaw, 820 F.2d 1570, 1578 (11th Cir.

22

1987).
While the Plaintiffs’ attorneys have stated generally that they did not claim time for
claims for which they were not successful, they only specifically address claims such as those for
which summary judgment was granted, and do not purport to have deducted hours from their
claimed time for time expended on Williams and Weatherly’s sexual harassment claim or
unsuccessful retaliation claims presented to the jury. Conduct experienced by Weatherly, and to
a lesser extent Williams, which was committed by ASU official Lavonette Bartley was related to
claims upon which Plaintiff Burkhalter prevailed. The claims by the Plaintiffs, therefore, were
related and involved a common core of facts. The retaliation claims were discrete actions taken
after protected activity in complaining about harassment, so also involved a common core of
facts. It was appropriate, therefore, not to deduct time for those claims. Because the Plaintiffs
did not prevail, however, upon sexual harassment claims brought by Williams and Weatherly,
and did not prevail on all of their retaliation theories, an adjustment is necessary in this case.
In considering the Plaintiffs’ relative success, the court notes that at trial the Plaintiffs did
not seek a specified amount in emotional distress damages, leaving that to the jury’s discretion.
They did ask for back pay in the amount of $141,573.76 for Williams, $94,592.51 for
Burkhalter, and lost leave time in the amount of $20,240.13 for Weatherly. (Doc. #233 at p.69).
The jury awarded Williams and Burkhalter what they sought, and awarded Weatherly
substantially less than what she sought. The bulk of all of their damages, however, were for
emotional distress and mental anguish, and there is no clear way to balance the relief they sought
against what they obtained in terms of monetary value.
The Eleventh Circuit has affirmed an attorneys’ fee award in which the district court

23

adjusted the lodestar figure where multiple plaintiffs achieved substantial success, but did not
prevail on all of their civil rights claims at trial. Gowski v. Peake, 682 F.3d 1299 (11th Cir.
2012), aff’g, Fielder v. Shinseki, No. 8:07cv1524-T-TBM, 2010 WL 1708621 (M.D. Fla. April
26, 2010). The district court in that case reasoned that because the plaintiffs were successful
overall, and received substantial monetary awards, but were not fully successful on all claims, an
adjustment was necessary where portions of counsel’s work was necessarily devoted to
unsuccessful claims, and where there was some duplication of effort and redundancy. Fielder,
2010 WL 1708621 at *3 n.10, *4. The court adjusted the lodestar figure, using percentages
ranging from 10% to 20%, to account for acts of claimed discrimination and retaliation which
the jury rejected. Id.
Similarly, this court concludes that some, but not a substantial, reduction in the lodestar
is appropriate in this case, to reflect the limitation on the Plaintiffs’ success in light of the hours
spent by counsel in preparation for, and the time spent during, trial, on sexual harassment and
retaliation claims upon which the Plaintiffs did not prevail. Deposition questions, summary
judgment briefing, and trial testimony which focused on LaVonette Bartley’s acts of a sexual
nature or sexual comments were discrete areas of time relevant to claims on which Plaintiffs
Williams and Weatherly were not successful. In addition, while ASU did not adequately identify
redundant hours for the court’s consideration to deduct hours in calculating the lodestar, upon
review of the time records, the court determines that the presence of three attorneys and
paralegal support at trial resulted in some duplication of efforts, and also should be accounted for
in the adjustment. See Fielder, 2010 WL 1708621, at *3 n.10 (accounting for duplication and
redundancy in the adjustment of the lodestar). The court will, therefore, after reviewing the

24

records and having observed the lengthy trial, adjust the lodestar figure for attorneys’ fees for
time expended prior to and during trial by 10%, which the court finds to be reasonable under all
the circumstances.
4. Hours Reasonably Expended Post-trial
Burkhalter seeks compensation for additional hours expended post-trial by attorneys
McGowan, Heldman, Fitzpatrick, and Arrington. Burkhalter seeks 147.70 attorney hours for
McGowan and her firm, 39.90 paralegal hours, 201.90 hours for Heldman, 100.9 hours for
Fitzpatrick, and 144.80 hours for Arrington. (Doc. #250 at p.2, Doc. #258 at p.2).
Plaintiffs Weatherly and Williams seek recovery for 270.80 hours for Montiel, 6.4 hours
for Wasden, 182.1 hours for Parsons, 8.4 hours for Egan, 29.50 hours for Miller, and 64.5 hours
for paralegal support. (Doc. #271 p.6).
ASU argues that some claimed hours are excessive, duplicative, redundant, clerical or
administrative, and also that the explanations for some entries are vague and cryptic.
ASU does not, however, contend that hours expended by Wasden should be reduced.
The court has reviewed the selections from the time records pointed to by ASU and does
not agree that the hours claimed by Burkhalter or Weatherly and Williams for post-trial time are
excessive, duplicative, redundant, or vague, for reasons similar to those previously discussed.
For example, entries identified (Doc. #259-6) as being vague, such as “Research, continue to
work on brief,” are clarified when read in the context of other entries regarding Heldman’s work
on the appellate brief. Also, as with the objection to duplicative entries for pre-trial work, ASU
does not point to duplicative entries by another time keeper expended post-trial, but simply
directs the court to a listing of time claimed by a single time keeper. Even without specific

25

designation, however, Montiel has addressed in a supplemental affidavit the time records and
given explanations for those entries (Doc. #276 at Ex. 1).
Unlike some of the entries for time claimed up to and including trial for attorney
McGowan, none of the entries claimed by Burkhalter for post-trial work appear to be primarily
clerical in nature. Attorneys for Williams and Weatherly also respond in brief, and in a
supplemental affidavit (Doc. #276 Ex. 1), that post-trial time identified by ASU as clerical was
not in fact clerical, such as time spent reviewing legal memoranda or monitoring deadlines.
As to the issue of excessive time spent on post-trial work, although significant time was
expended on appellate briefs, there was an extensive record in this case, and upon review of the
appellate briefs, the court concludes that the brief writers expertly culled the record to salient
points, which ultimately formed, at least in part, the basis for affirmance and dismissal for lack
of jurisdiction, on appeal.
Plaintiff Burkhalter further has explained in brief that while attorneys Arrington and
Fitzpatrick did not participate in researching and drafting appellate briefs, they were involved in
defending post-judgment motions, Eleventh Circuit mediation, and post-judgment settlement
negotiations.
Montiel explains in his affidavit that extensive efforts were made to resolve the appeal
through settlement, which was not successful. In their brief, attorneys for Williams and
Weatherly also state that when the Eleventh Circuit set the case for oral argument, it did not
indicate the issues to be argued, so the Plaintiffs had to be prepared to address all of the issues
raised, which included a challenge to the sufficiency of the evidence. In her affidavit, Parsons
explains that she and Wasden did not travel to the oral argument so as to keep fees low, and that

26

her role in preparing the appellate brief included review of the trial court record, case law, and
exhibits relevant to issue on appeal. (Doc. #274 at p. 14).
In short, the court does not find any reduction in the claimed time to be appropriate. The
full amount of hours claimed for post-trial work is reasonable in this case, and will be multiplied
by the hourly rate set above.
B. Costs and Expenses
1. At Trial
“[W]ith the exception of routine office overhead normally absorbed by the practicing
attorney, all reasonable expenses incurred in case preparation, during the course of litigation, or
as an aspect of settlement of the case may be taxed as costs under section 1988.” See Dowdell v.
City of Apopka, 698 F.2d 1181, 1192 (11th Cir. 1983). To determine which expenses may
properly be included, the court must look to “the attorney-client relationship, the substantive and
procedural nature of the case, and the climate in which the litigation is conducted.” Id. The
“standard of reasonableness is to be given a liberal interpretation.” Id.
The Plaintiffs have submitted a Bill of Costs of $350 in fees of the Clerk; $13,910.90 for
printed or electronically recorded transcripts; $4,771.86 in fees and disbursements for printing;
and $767.50 in fees for witnesses. (Doc. #174). The Plaintiffs filed a Corrected Petition for
Attorneys’ Fees, Expenses, and Costs on Behalf of the Plaintiffs in which they seek $28, 651.13
in expenses and costs. (Doc. #181). ASU subsequently objected to the second and third figures
set forth in Doc. #174, (Doc. #187), and then incorporated by reference its arguments as to the
amended Petition. (Doc. #189 at p. 1 n.1).
ASU contends that the fees for printed or electronically recorded transcripts of

27

depositions are not recoverable because the costs of rough drafts, or ASCIIs, are incurred for
mere convenience, citing U.S. E.E.O.C. v. W & O, Inc., 213 F.3d 600, 621 (11th Cir.2000). In
that case, the Eleventh Circuit explained that “taxation of deposition costs is authorized,” but
also explained that “[w]here the deposition costs were merely incurred for convenience, to aid in
thorough preparation, or for purposes of investigation only, the costs are not recoverable.” Id.
(internal citations omitted).
The Plaintiffs have responded with a lengthy explanation as to why the costs of the
depositions were necessary. The Plaintiffs explain that three different ASU officials were listed
as Rule 30(b)(6) representatives, including Carmen Douglas. Carmen Douglas’s deposition was
taken in two parts. The Plaintiffs state that the witness was vague and could not recall what had
been testified to the previous day, and would ask the court reporter to read it back. The Plaintiffs
state that with this witness, and other ASU officials, it became necessary to have rough drafts of
depositions to conduct the second part of depositions, or “bring about recollection” for different
explanations of the same events when multiple ASU deponents were together during depositions.
(Doc. #195 at p.3). The court finds that the explanation offered is sufficient to justify the
expenses of the rough drafts.
ASU also objects to the costs for printing, stating that the Bill of Costs does not describe
what the printing costs are. The Plaintiffs respond that they have provided extensive
documentation as to costs of photocopying expenses. (Doc. #174 at p. 4-12). The court agrees
with the Plaintiffs. Therefore, the court finds that the objections to the costs are due to be
OVERRULED, and the Amended Petition for Expenses and Costs is due to be GRANTED.
2. Post-Trial Costs and Expenses

28

Burkhalter seeks $2,875.74 in post-trial expenses for McGowan and $2,443.53 in posttrial expenses for Heldman. (Doc. #250). In her supplemental Petition, and in the evidentiary
support, Burkhalter only provides additional time spent in the case, and no additional expenses
by Fitzpatrick and Arrington. (Doc. #258). Williams and Weatherly do not claim expenses in
their submission to the court. (Doc. #271).
ASU contends that McGowan and Heldman have claimed postage and meals which are
not recoverable, relying on cases applying 28 U.S.C. § 1920 to claimed costs. However, such
expenses may be allowable under 42 U.S.C. § 1988. See Dowdell, 698 F.2d at 1191-92 (noting
that “[t]ravel, telephone, and postage expenses are not unusual. All of them have been awarded
in the decisions of courts of this circuit.”); see also Oden v. Vilsack, No. 10-00212-KD-M, 2013
WL 4046456, at *19, *20 (S.D. Ala. Aug. 9, 2013) (awarding expenses for lodging and meals);
Barnes v. Zaccari, No. 7:12cv89, 2013 WL 3864306 at *29 (M.D. Ga. July 24, 2013).
ASU also contends that Burkhalter has not demonstrated that copying, scanning, and
printing costs were necessary, so that McGowan’s and Heldman’s itemized expenses for
copying, scanning, and printing should be deducted from the expenses. (Doc. #261-1 at p.7).
These expenses are not considered to be general overhead, however, but can be awarded as
expenses if they reasonable, as the court finds them to be here. See, e.g., Robinson v. Ala. State
Dept. of Educ., 727 F. Supp. 1422, 1433 (M.D. Ala. 1989). Finding the claimed expenses to be
reasonable, the court will award the expenses claimed for post-trial representation.
IV. CONCLUSION
For the reasons discussed, it is hereby ORDERED as follows:
1. The Motion for Leave to Attach Omitted Exhibits A &B (Doc. #196) is GRANTED.

29

2. The Motion Seeking Leave to Attach Omitted Exhibit C (Doc. #198) is GRANTED.
3. The Consent Motion for Leave to File (Doc. #260), the Motion to Substitute (Doc.
#261) is GRANTED.
4. The Motions for Attorneys’ Fees (Doc. #175, 181, 250, 258) are GRANTED to the
extent that compensation for attorneys’ fees and expenses is due as follows:
Pre-Trial and Trial Fees and Expenses
Attorneys/staff

Reasonable Hours x Reasonable Hourly
- 10%
= Total Fees
Rate
Lodestar
adjustment
Candis McGowan
1,077.10
$300 per hour
290,817.00
Monica Arrington
1,371.70
$225 per hour
277,769.25
Joseph L. Fitzpatrick, Jr. 915.80
$225 per hour
185,449.50
Jacob Kiser
33.50
$175 per hour
5,276.25
Rachel McGinley
42.00
$175 per hour
6,615.00
Paralegal support
365.00
$ 80 per hour
26,280.00
Total Fees
Total Expenses

792,207.00
28,651.13

Post-Trial Fees and Expenses
Attorneys/staff

Reasonable Hours x Reasonable Hourly Rate
Post-trial
Candis McGowan
147.70
$300 per hour
Sam Heldman
201.90
$300 per hour
Mark G. Montiel
270.80
$300 per hour
H. William Wasden
6.40
$300 per hour
Monica Arrington
144.80
$225 per hour
Joseph L. Fitzpatrick, Jr. 100.90
$225 per hour
Kristin Taylor Parsons
182.10
$225 per hour
Gillian Egan
8.40
$150 per hour
Rachel Miller
29.50
$100 per hour
Paralegal support
39.90
$ 80 per hour
(Wiggins firm)
Paralegal support
64.50
$ 80 per hour
(Patti Grove)
Total Fees

=Total Fees
44,310.00
60,570.00
81,240.00
1,920.00
32,580.00
22,702.50
40,972.50
1,260.00
2,950.00
3,192.00
5,160.00

296,857.00
30

Total Expenses

5,319.27

Total Pre-Trial, Trial and Post-Trial Attorneys’ fees $ 1,089,064.00
Total Pre-Trial, Trial and Post-Trial Expenses

$

33,970.40

Total

$ 1,123,034.40

Accordingly, it is hereby ORDERED that the Plaintiffs shall recover of ASU the sum of
$1,089,064.00 in attorneys and paralegals’ fees and $33,970.40 in costs and expenses, for a total
of $1,123,034.40.
2. Due to the court’s granting of the Motions for Attorneys’ fees and entering judgment
against ASU for amounts of fees and costs which satisfies the attorneys’ lien of McGowan,
Arrington, and Fitzpatrick against the recovery of Weatherly and Williams, the Motions to
Modify the Attorneys’ Charging Liens (Doc. #262, #263) are DENIED as moot. The Motion to
File Exhibits to Oppositions to Motions to Modify Attorney’s Charging Liens and Incorporated
Supporting Memorandum Under Seal (Doc. #265) is GRANTED and the Clerk is DIRECTED to
seal those documents. The liens are ORDERED discharged.
3. Any other pending motions are DENIED as moot.
Done this 21st day of November, 2013.

/s/ W. Harold Albritton
W. HAROLD ALBRITTON
SENIOR UNITED STATES DISTRICT JUDGE

31