Opinion

J.P. v. Elmore County Board of Education

Court
District Court, M.D. Alabama
Filed
Apr 26, 2021
Cited by
0 cases

The opinion

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE

MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION

J. P., as parent and next )

friend of A.W., a minor, )

)

Plaintiff, )

) CIVIL ACTION NO.

v. ) 2:19cv636-MHT

) (WO)

ELMORE COUNTY BOARD OF )

EDUCATION, )

)

Defendant. )

ORDER

In the court’s opinion and order granting in part

plaintiff J.P.’s motion for summary judgment on a claim

for attorneys’ fees, count II of her amended complaint

(Doc. 6), the court instructed J.P. to file a

“clarification of the total number of hours requested

and total fee sought for the work of attorney Henry L.

Cassady, Jr.,” one of J.P.’s two attorneys, “on each of

the special education cases” underlying her claim for

attorneys’ fees. J. P. v. Elmore County Board of

Education, 2:19Ccv636-MHT, 2021 WL 1270463, at *6 (M.D.

Ala. Apr. 6, 2021). In response, in addition to the

clarification sought by the court, both Cassady and

J.P.’s second attorney William Johnson III filed

declarations requesting fees for litigating the

attorneys’ fees claim. See Supplemental Decl. of Henry

L. Cassady, Jr. (Doc. 73); Third Decl. of William

Tipton Johnson III (Doc. 72).

Defendant Elmore County Board of Education has

objected to both declarations and the fees requested

therein. See Objection (Doc. 74). This objection will

be sustained, and the court will not currently consider

the requests of Cassady and Johnson for fees for

litigating count II of J.P.’s amended complaint, that

is, fees for litigating fees. First, until the court

determines what fees are appropriate under count II for

time spent litigating the underlying due-process

proceedings, the court will not be able to assess the

degree of counsel’s success on that claim. And,

second, Rule 54(d) of the Federal Rules of Civil

Procedure requires that a “claim for attorney’s fees

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and related nontaxable expenses must be made by

motion,” which must “be filed no later than 14 days

after the entry of judgment.” Fed. R. Civ. P.

54(d)(2)(A), (B)(i).

Therefore, and in the interest of efficiency, the

court will not consider requests for fees for

litigating either count of J.P.’s complaint until her

complaint is resolved in full. Once final judgment is

entered in this suit, J.P. may move for fees for the

time spent litigating this case to the extent that she

is the prevailing party in the litigation.

***

Accordingly, it is ORDERED that:

(1) Defendant Elmore County Board of Education’s

objection to the declarations of attorneys Cassady and

Johnson (Doc. 74) is sustained, except that the court

will consider attorney Cassady’s declaration to the

extent that it is responsive to the court’s request for

clarification in its prior opinion and order (Doc. 66).

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(2) Defendant Elmore County Board of Education’s

deadline to respond to attorney Cassady’s

clarification, previously set for April 23, 2021, see

Opinion and Order (Doc. 66) at 25, is extended to 5:00

p.m. on April 26, 2021. This response should not

address the objected-to declarations of attorneys

Cassady and Johnson, except attorney Cassady’s to the

extent that it is responsive to the court’s request for

clarification.

(3) Plaintiff J.P.’s deadline to reply to defendant

Elmore County Board of Education’s response is extended

to 5:00 p.m. on April 30, 2021.

Counsel for the parties were orally informed of the

extensions on April 23, 2021.

DONE, this the 26th day of April, 2021.

/s/ Myron H. Thompson

UNITED STATES DISTRICT JUDGE

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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