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redistricting lawsuit

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556 views6 pages

Attorney Fees

redistricting lawsuit

Uploaded by

Caleb Taylor
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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Case 2:21-cv-01530-AMM Document 379 Filed 07/30/24 Page 1 of 4 FILED

2024 Jul-30 PM 04:07


U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT


FOR THE NORTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION

EVAN MILLIGAN, et al., )


)
Plaintiffs, )
)
v. ) Case No.: 2:21-cv-01530-AMM
)
WES ALLEN, in his official ) THREE-JUDGE COURT
capacity as Secretary of State of )
Alabama, et al., )
)
Defendants. )

UNOPPOSED MOTION FOR ENTRY OF ORDER


CONCERNING COSTS AND ATTORNEYS’ FEES

With the consent of all parties to this action, Defendant Secretary of State Wes

Allen moves for entry of an order implementing the parties’ agreement concerning

claims for interim costs and attorneys’ fees. In support of this motion, Defendant

states as follows:

1. Plaintiffs have asserted a claim for interim costs and attorneys’ fees.

See docs. 170, 314.

2. The parties have discussed these issues and agree that the State of

Alabama shall pay to counsel for the Milligan plaintiffs the sum of $3,000,000 (three

million dollars) in satisfaction of all claims for costs and attorneys’ fees related to
Case 2:21-cv-01530-AMM Document 379 Filed 07/30/24 Page 2 of 4

this Court’s preliminary injunction entered on January 24, 2022, Doc. 107, the

appeal of that order, see Allen v. Milligan, 599 U.S. 1 (2023), and the proceedings

that followed in which the 2023 Plan was preliminarily enjoined and the court-drawn

map was created and approved.

3. To effectuate the parties’ agreement and resolve the issue of fees and

costs, the parties move for an order requiring the payment of the agreed amount

within sixty (60) days of the order.

4. Counsel for the parties have consulted on this issue. The Plaintiffs and

the Intervenor Defendants do not oppose this motion.

5. A proposed order, to which all parties consent, is attached for the

Court’s consideration.

6. This motion and proposed order address the claim for interim costs and

attorneys’ fees by counsel in this case only and does not address any claim made by

counsel for other plaintiffs in related cases.

Respectfully Submitted,

Steve Marshall
Attorney General

/s/ James W. Davis


Edmund G. LaCour Jr. (ASB-9182-U81L)
Solicitor General
A. Barrett Bowdre (ASB-2087-K29V)
Deputy Solicitor General
Soren A. Geiger (ASB-0336-T31L)
Assistant Solicitor General

2
Case 2:21-cv-01530-AMM Document 379 Filed 07/30/24 Page 3 of 4

James W. Davis (ASB-4063-I58J)


Deputy Attorney General
Misty S. Fairbanks Messick (ASB-1813-T71F)
Brenton M. Smith (ASB-1656-X27Q)
Benjamin M. Seiss (ASB-2110-O00W)
Richard D. Mink (ASB-4802-M76R)
Charles A. McKay (ASB-7256-K18K)
Assistant Attorneys General

OFFICE OF THE ATTORNEY GENERAL


STATE OF ALABAMA
501 Washington Avenue
P.O. Box 300152
Montgomery, Alabama 36130-0152
Telephone: (334) 242-7300
Fax: (334) 353-8400
Edmund.LaCour@AlabamaAG.gov
Barrett.Bowdre@AlabamaAG.gov
Soren.Geiger@Alabama.AG.gov
Jim.Davis@AlabamaAG.gov
Misty.Messick@AlabamaAG.gov
Brenton.Smith@AlabamaAG.gov
Ben.Seiss@AlabamaAG.gov
Richard.Mink@AlabamaAG.gov
Charles.McKay@AlabamaAG.gov

Counsel for Secretary Allen

3
Case 2:21-cv-01530-AMM Document 379 Filed 07/30/24 Page 4 of 4

CERTIFICATE OF SERVICE

I hereby certify that on July 30, 2024, I electronically filed the foregoing with

the Clerk of Court for the United States District Court for the Middle District of

Alabama using the CM/ECF system, thereby serving all counsel of record.

/s/ James W. Davis


James W. Davis
Counsel for Secretary Allen

4
Case 2:21-cv-01530-AMM Document 379-1 Filed 07/30/24 Page 1 of 2 FILED
2024 Jul-30 PM 04:07
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT


FOR THE NORTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION

EVAN MILLIGAN, et al., )


)
Plaintiffs, )
)
v. ) Case No.: 2:21-cv-01530-AMM
)
WES ALLEN, in his official ) THREE-JUDGE COURT
capacity as Secretary of State of )
Alabama, et al., )
)
Defendants. )

ORDER ON INTERIM COSTS AND ATTORNEYS’ FEES

Upon consideration of Defendant Secretary Allen’s unopposed motion for an

order concerning costs and attorneys’ fees (doc. no. ____), it is ORDERED that the

motion is granted as follows:

1. Plaintiffs have asserted claims for interim costs and attorneys’ fees.

2. Plaintiffs prevailed on their motion for a preliminary injunction, which

this Court entered on January 24, 2022, Doc. 107, the appeal of that order, see Allen

v. Milligan, 599 U.S. 1 (2023), and the proceedings that followed in which the 2023

Plan was preliminarily enjoined and the court-drawn map was created and approved.
Case 2:21-cv-01530-AMM Document 379-1 Filed 07/30/24 Page 2 of 2

3. Plaintiffs, Defendants, and their counsel represent that the parties have

negotiated an agreement to resolve the claims for interim costs and attorneys’ fees

related to the preliminary injunction of the 2021 Plan.

4. In accordance with the parties’ negotiated resolution, the Court orders

that the State of Alabama shall pay to the benefit of counsel for Plaintiffs the sum

of $3,000,000 (three million dollars) in satisfaction of all claims for interim costs

and attorneys’ fees in this matter related to the Court’s preliminary injunction

entered on January 24, 2022, Doc. 107, the appeal of that order, see Allen v. Milligan,

599 U.S. 1 (2023), and the proceedings that followed in which the 2023 Plan was

preliminarily enjoined and the court-drawn map was created and approved on

October 5, 2023. Plaintiffs reserve the right to seek additional costs and fees incurred

in any trial or appellate court proceedings since the adoption of the court-drawn map.

5. Such payments will satisfy all claims for interim attorneys’ fees and

costs, taxable and non-taxable, in relation to the Court’s preliminary injunction.

Payment shall be made within sixty (60) days of the entry of this order.

DONE, this the _____ day of __________, 2024.

_______________________________
UNITED STATES DISTRICT JUDGE

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