Neelley v. Walker, et al.

Filing 101

ORDER as follows: 1. The Joint Motion for Entry of Corrected Order Concerning Costs and Attorneys Fees (Doc. 100 ) is GRANTED; 2. The courts 5/10/2018 Order (Doc. 99 ) is VACATED; 3. In accordance with the parties negotiated resolution, the St ate of Alabama shall pay to the benefit of counsel for Plaintiff the sum $66,896.78 (sixty-six thousand eight hundred ninety-six and 78/100 dollars) in satisfaction of all claims for costs and attorneys fees in this matter. Such payment shall be made as follows: $65,396.78 (sixty-five thousand three hundred ninety-six and 78/100 dollars) to Sirote and Permutt, P.C., and $1500.00 (one thousand five hundred and 00/100 dollars) to McPhillips Shinbaum, LLP; 4. Such payments wil l satisfy all claims for attorneys fees and costs, taxable and non-taxable, in this matter. Payment shall be made within sixty (60) days of the entry of this order; and 5. Plaintiffs Petition for Attorneys Fees (Doc. 96 ), Plaintiffs Supplemental P etition for Attorney Fees and Petition Supporting Sirotes Firm Petition for Attorney Fees (Doc. 97 ), and the parties Joint Motion for Entry of Order Concerning Costs and Attorneys Fees (Doc. 98 ) are DENIED as moot. Signed by Chief Judge William Keith Watkins on 5/16/2018. (dmn, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
JUDITH A. NEELLEY,
Plaintiff,
v.
CLIFFORD WALKER, LYN HEAD,
and TERRY G. DAVIS,
Defendants.

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CASE NO. 2:14-CV-269-WKW
[WO]

ORDER
Before the court is the parties’ Joint Motion for Entry of Corrected Order
Concerning Costs and Attorneys’ Fees. (Doc. # 100.) The parties seek to correct a
mistake in their earlier Joint Motion for Entry of an Order Concerning Costs and
Attorneys’ Fees (Doc. # 98) regarding the amount and distribution of the costs and
attorneys’ fees award in this case.
Plaintiff Judith A. Neelley has asserted claims for costs and attorneys’ fees.
(Docs. # 96, 97.) The court finds that Plaintiff is a “prevailing party” under 42
U.S.C. § 1988. (See Docs. # 92, 93.) Plaintiff, Defendants, and their counsel
represent that the parties have negotiated an agreement to resolve all claims for costs
and attorneys’ fees.

Accordingly, it is ORDERED as follows:
1.

The Joint Motion for Entry of Corrected Order Concerning Costs and
Attorneys’ Fees (Doc. # 100) is GRANTED;

2.

The court’s May 10, 2018 Order (Doc. # 99) is VACATED;

3.

In accordance with the parties’ negotiated resolution, the State of
Alabama shall pay to the benefit of counsel for Plaintiff the sum
$66,896.78 (sixty-six thousand eight hundred ninety-six and 78/100
dollars) in satisfaction of all claims for costs and attorneys’ fees in this
matter. Such payment shall be made as follows: $65,396.78 (sixty-five
thousand three hundred ninety-six and 78/100 dollars) to Sirote and
Permutt, P.C., and $1500.00 (one thousand five hundred and 00/100
dollars) to McPhillips Shinbaum, LLP;

4.

Such payments will satisfy all claims for attorneys’ fees and costs,
taxable and non-taxable, in this matter. Payment shall be made within
sixty (60) days of the entry of this order; and

5.

Plaintiff’s Petition for Attorneys’ Fees (Doc. # 96), Plaintiff’s
Supplemental Petition for Attorney Fees and Petition Supporting
Sirote’s Firm Petition for Attorney Fees (Doc. # 97), and the parties’
Joint Motion for Entry of Order Concerning Costs and Attorneys’ Fees
(Doc. # 98) are DENIED as moot.
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DONE this 16th day of May, 2018.
/s/ W. Keith Watkins
CHIEF UNITED STATES DISTRICT JUDGE

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