Planned Parenthood Southeast, Inc. et al v. Bentley et al
ORDER directing as follows: (1) plfs' 277 MOTION for Attorney Fees and costs is set for final submission, without oral argument, on 8/12/2016; (2) plfs are to file a Brief and evidentiary materials by 7/15/2016, as further set out; (3) def s are to file their Response and any evidentiary materials by 8/5/2016, as further set out; (4) plfs may file a Reply Brief by 8/12/2016; (5) the discussion of the evidence in the briefs must be accompanied by a specific reference, by page and line, to where the evidence can be found, as further set out in order. Signed by Honorable Judge Myron H. Thompson on 4/12/16. (djy, )
IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
SOUTHEAST, INC., on behalf
of its patients,
physicians, and staff,
LUTHER STRANGE, in his
official capacity as
Attorney General of the
State of Alabama, et al.,
CIVIL ACTION NO.
It is ORDERED as follows:
(doc. no. 277)
without oral argument, on August 12, 2016.
evidentiary materials by July 15, 2016.
of Ga. v.
(11th Cir. 1999).
Perdue v. Kenny A. ex rel. Winn, 559 U.S. 542 (2010);
(11th Cir. 2008)
Greensboro, 213 F.3d 1347 (11th Cir. 2000); Norman v.
(11th Cir. 1988);
(5th Cir. 1974)*;
Elec. Co., 1996 WL 937034 (M.D. Ala. Sept. 12, 1996)
(Thompson, J.); Gay Lesbian Bisexual All. v. Sessions,
930 F. Supp. 1492 (M.D. Ala. 1996) (Thompson, J.).
(3) Defendants are to file their response and any
evidentiary materials by August 5, 2016.
brief, defendants should address, among other things,
what they believe to be
reasonable hourly fees; the
particular items or categories of time to which they
object and why; the particular items or categories of
* In Bonner v. Prichard, 661 F.2d 1206, 1209
(11th Cir. 1981) (en banc), the Eleventh Circuit Court
of Appeals adopted as binding precedent all of the
decisions of the former Fifth Circuit handed down prior
to the close of business on September 30, 1981.
modification of the total fees and expenses they wish to
raise based on other defenses.
(4) Plaintiffs may file a reply brief by August
(5) The discussion of the evidence in the briefs
must be accompanied by a specific reference, by page
and line, to
and attached documents, affidavits,
The parties are reminded of the
following cautionary instructions from the Eleventh
“establishing entitlement and documenting the
appropriate hours and hourly rates.”
836 F.2d at 1303.
(B) This burden includes (i) supplying the court
with specific and detailed evidence from which
show the time spent on the different
particularity the general subject matter
so that the district
assess the time claimed for each
and every activity.
Barnes, 168 F.3d at 427.
include a summary,” that is,
a “grouping [of]
the time entries by the nature of the activity
or stage of the case.”
Id. (emphasis added)
(D) A fee applicant should also exercise “billing
the applicant should “exclude from [his] fee
otherwise unnecessary hours, which are hours
that would be unreasonable to bill to a client
and therefore to one’s adversary irrespective
counsel,” id. (emphasis omitted) (citation and
internal quotation marks omitted).
In order for [this] court
concerning hours that should be excluded must
be specific and ‘reasonably precise.’”
(quoting Norman, 836 F.2d at 1301).
(F) “It should ... be noted that in line with the
actually billed and paid in similar lawsuits.
Testimony that a given fee is reasonable is
Norman, 836 F.2d at 1299.
Or, to put
it another way: “Generalized statements that
unreasonable ... are not particularly helpful
DONE, this the 12th day of April, 2016.
/s/ Myron H. Thompson____
UNITED STATES DISTRICT JUDGE
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