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BLOUNT v. TUSCALOOSA COUNTY
U. CLEMON, Chief District Judge
In its stamped Order of August 4, 2004, this Court granted the Plaintiffs' Renewed Motion "for an award of $20,000 each from any amount awarded to attorney Marvin Stewart based on his petition for attorney's fees and expenses." See Attachment A. The record does not reflect any opposition to the motion, and the Court was not aware of any such opposition by the Defendant. Apparently, the Eleventh Circuit was unmindful of these salient facts.
The panel opinion states that the Plaintiffs' Renewed Motion was "in effect . . . a request for attorney's fees in the amount of $40,432. . . ." This Court's interpretation of the motion was vastly different; it saw the motion as merely an unopposed effort to insure that if the Plaintiffs' former counsel, Marvin Stewart, were awarded attorney's fees by the Court, the Plaintiffs' would be entitled to the first $40,000 of any fees which might be awarded to him.
In fact, the Docket Entries of the Clerk of the Northern District of Alabama reflect that in this case, on "08/20/2004," an order was entered "granting plas' RENEWED MOTION for an award of Twenty Thousand Dollars ($20,000) EACH from any amount awarded to atty Marvin Stewart as RECOMPENSE for their claims for damage. . . ." See Attachment B. It was this order which the Defendant appealed twenty-eight days later. Id.
When the notice of appeal was filed, the Court, as it has done in numerous employment discrimination cases over the last quarter century, was preparing its findings and conclusions on the disputed issues of prevailing party status and the amount, if any, of attorney's fees to be awarded.
But whether the Circuit was simply wrong in its reading of the Renewed Motion is not for this judge to determine. His unflinching obligation is to follow the Circuit's mandate in this and every other case over which he presides.
Consistent with the Eleventh Circuit's October 19, 2005 mandate, the following briefing schedule is hereby established:
1. Not later than December 13, 2005, counsel for the Plaintiffs shall file any supplemental evidence (including affidavits) and authorities in support of their renewed motion for attorney's fees.
2. Not later than December 30, 2005, Defendant shall file any additional evidence and authorities in opposition to the motion for attorney's fees.
The Clerk of the Court is directed to serve a copy of this Order on Marvin Stewart at his last known postal address of 2616 Chimney Hills Circle, Birmingham, Alabama 35226 and at his last known e-mail address of mstewartjy@myexcel.com.
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