Nelson v. Russell County Board of Education et al

Filing 105

OPINION AND ORDER directing that defendant Russell County Board of Education's and defendant WTVM Channel 9's 91 and 98 MOTIONS for Attorney Fees are granted and that attorney's fees in the amount of $297.00 and $563.75 are awarded to defendants Russell County Board of Education and WTVM Channel 9, respectively, and are to be paid by counsel for plaintiff Gerald B. Nelson, III, to these defendants within 14 days from the date of this order. Signed by Honorable Judge Myron H. Thompson on 6/11/12. (Attachments: # 1 civil appeals checklist)(djy, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, EASTERN DIVISION

GERALD B. NELSON, III,
Plaintiff,
v.
RUSSELL COUNTY BOARD OF
EDUCATION, et al.,
Defendants.

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CIVIL ACTION NO.
3:10cv1005-MHT
(WO)

OPINION AND ORDER
This cause is now before the court on defendants
Russell County Board of Education’s and WTVM Channel 9's
motions for attorney’s fees.

This issue arose because

plaintiff

III,

Gerald

B.

Nelson,

moved

untimely response to summary judgment.
motion,

the

court

ordered

that

to

file

an

In granting this

Nelson

could

file

a

response only “on the condition that plaintiff Nelson’s
counsel pay 50 % of the reasonable attorney’s fees and
expenses” that defendants Russell County, WTVM Channel 9,
and Ramsey incurred in connection with the extension
motion.

Order (Doc. No. 82) at 5.

Plaintiff’s counsel

now objects to paying these fees, but she ignores the
condition set by this court to file her opposition brief
(Doc. No. 84).

As such, plaintiff’s counsel has waived

any objection to paying these attorney’s fees.
During an on-the-record pretrial conference held on
June 8, 2012, defense counsel made representations under
oath

about

their

fee

requests.

In

light

of

these

representations, following a review of the documentary
evidence submitted by the defendants, and guided by the
twelve factors set out in Johnson v. Georgia Highway
Express, Inc., 488 F.2d 714, 717-19 (5th Cir. 1974), the
court finds the defendants requests for attorney’s fees
to be fair and reasonable.

***

Accordingly, it is ORDERED that defendant Russell
County Board of Education’s and defendant WTVM Channel
9's motions for attorney’s fees (Doc. Nos. 91 & 98) are

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granted and that attorney’s fees in the amount of $ 297
and $ 563.75 are awarded to defendants Russell County
Board of Education and WTVM Channel 9, respectively, and
are to be paid by counsel for plaintiff Gerald B. Nelson,
III, to these defendants within 14 days from the date of
this order.
DONE, this the 11th day of June, 2012.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE