Case 2:11-cv-00926-JTM-JCW Document 449 Filed 03/01/13 Page 1 of 6 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA LUTHER SCOTT, JR., and LOUISIANA STATE CONFERENCE OF THE NAACP CIVIL ACTION NO. 2:11-00926 JTM - JCW v. TOM SCHEDLER in his official capacity as the Louisiana Secretary of State, SUZY SONNIER, in her official capacity as Secretary of the Louisiana Department of Children & Family Services, and BRUCE D. GREENSTEIN, in his official capacity as Secretary of the Louisiana Department of Health & Hospitals MOTION OF DEFENDANT SCHEDLER FOR EXTENSION OF TIME TO OPPOSE MOTION FOR ATTORNEYS FEES AND EXPENSES AND TO CONTINUE SUBMISSION DATE NOW INTO COURT, through undersigned counsel, comes Defendant, Tom Schedler, in his official capacity as Louisiana Secretary of State ( Schedler ), who requests an extension of time to oppose plaintiffs motion for attorney fees (Doc 446) and for a continuance of the submission date of March 13, 2013, and moves for an Order granting such extension. 1. On January 23, 2013, the Court entered Findings of Fact and Conclusions of Law (Doc 436), finding that Plaintiffs are entitled to reasonable attorney fees, litigation expenses, and costs and directing Plaintiffs to file a motion to set attorneys fees and costs within twenty-one days. 2. On February 8, 2013, plaintiffs filed a motion for extension of time to file the motion for -1-
Case 2:11-cv-00926-JTM-JCW Document 449 Filed 03/01/13 Page 2 of 6 attorney fees (Doc 438) unopposed by Schedler. 3. The Court granted the extension until February 26, 2013 (Doc 441). 4. On February 26, 2013, Plaintiffs filed the motion to set attorney fees and costs (Doc 446), requesting $2,894.514.80 in attorney fees and $141,907.23 in expenses, which motion is now set for hearing on March 13, 2013 before the magistrate judge. 5. Under LR 7.5, opposition to the motion is due by March 5, 2013, affording the Secretary of State only 7 days to analyze, evaluate and oppose the 316 page motion and attachments, which include eight declarations and almost two years of billings from 19 different individuals at four different law firms or entities. 6. Schedler requires additional time for consultations with experts, to evaluate, review and respond to the motion and requests a continuance of the submission date of March 13, 2013, and opposition due date of March 5, 2013. 7. Counsel for Schedler are engaged in other matters requiring their attention at this time. Attorney Carey T. Jones has a jury trial scheduled in the Middle District of Louisiana beginning March 4, 2013 - Docket No. 08-234, Sandra A. Pace v. Randy K. Pope and Livingston Parish School Board. -2-
Case 2:11-cv-00926-JTM-JCW Document 449 Filed 03/01/13 Page 3 of 6 8. Additionally, other matters in this case are pending at this time, specifically a motion to stay pending appeal filed by the Secretary of State (Doc 445), which matter is set for submission on March 13, 2013, with an opposition and response anticipated. Should the district court deny the stay, Schedler intends to request a stay in the Fifth Circuit, seeking to stay the orders of the district court enjoining the Secretary of State to implement such policies and procedures as necessary to comply with the NVRA no later than March 15, 2013, and to certify compliance with the court s order in that regard. (Doc 437) 9. In the absence of any stay, Schedler must develop rules and policies to implement and certify compliance by March 15, 2013. 10. These other matters make it next to impossible for counsel for Schedler to respond meaningfully to the motion for attorney fees by March 5, 2013, or for the matter to be heard on March 13, 2013. 11. Schedler has not seen these extensions and numerous billings prior to the filing of the motion and will require expert assistance to effectuate meaningful review thereof and defend against what Schedler regards as an inordinate fee request. 12. In addition, Schedler has appealed the Permanent Injunction entered in this matter (Fifth Circuit, Docket No. 13-30185). The transcript has been prepared and should be filed in the Fifth -3-
Case 2:11-cv-00926-JTM-JCW Document 449 Filed 03/01/13 Page 4 of 6 Circuit shortly. The Secretary of State expects to receive a briefing schedule that will make additional demands on counsel s time. 13. Schedler requires a continuance of the submission date of March 13, 2013 for at least 60 days, or until May 15, 2013 in order to prepare his opposition to the plaintiffs motion. 14. Schedler represents that counsel for Plaintiffs has been contacted and has advised that Plaintiffs do not object to a continuance of the submission date until April 10, 2013, short of the time requested by defendant Schedler for meaningful review and opposition. 15. Schedler has been advised that the other defendants are filing similar requests for continuance and are also requiring a May 15, 2013 submission date. WHEREFORE, Defendant, Tom Schedler, in his official capacity as Louisiana Secretary of State, prays that this Court grant this Motion of Defendant Schedler For Extension Of Time To Oppose Motion for Attorneys Fees and Expenses and To Continue Submission Date ; and that the motion for attorneys fees be rescheduled for submission on May 15, 2013. Respectfully Submitted: s/celia R. Cangelosi CELIA R. CANGELOSI Bar Roll No. 12140 918 Government Street, Suite 101 P.O. Box 3036 Telephone: (225) 387-0511 Facsimile: (225) 387-1973 Email: celiacan@bellsouth.net -4-
Case 2:11-cv-00926-JTM-JCW Document 449 Filed 03/01/13 Page 5 of 6 s/carey T. Jones CAREY T. JONES Bar Roll No. 07474 1234 Del Este Avenue, Suite 803 P.O. Box 700 Denham Springs, LA 70727 Telephone: (225) 664-0077 Facsimile: (225) 664-9477 tjones@tomjoneslaw.com Attorneys for Defendant, Tom Schedler in his official capacity as Louisiana Secretary of State -5-
Case 2:11-cv-00926-JTM-JCW Document 449 Filed 03/01/13 Page 6 of 6 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of the above and foregoing Motion of Defendant Schedler for Extension of Time to Oppose Motion for Attorneys Fees and Expenses and To Continue Submission Date was sent electronically or via U.S. First Class Mail, postage prepaid, to the following: Ronald L. Wilson (cabral2@aol.com) 701 Poydras Street, Suite 4100 New Orleans, LA 70139 Dale Ho (dho@naacpldf.org) Natasha Korgaonkar (nkorgaonkar@naacpldf.org) Ryan P. Haygood (rhaygood@naacpldf.org) 99 Hudson Street, Suite 1600 New York, NY 10013 Niyati Shah (nshah@projectvote.org) Michelle Rupp (mrupp@projectvote.org) Sarah Brannon (sbrannon@projectvote.org) th 737 ½ 8 Street SE Washington, DC 20003 Israel David (israel.david@friedfrank.com) Michael B. De Leeuw (michael.deleeuw@friedfrank.com) Erica Sollie One New York Plaza New York, NY 10004 Charles L. Dirks, III (charlie_dirks@excite.com) P.O. Box 2667 Stephen R. Russo (stephen.russo@la.gov) David McCay (david.mccay@la.gov) Douglas L. Cade (douglas.cade@la.gov) Kimberly L. Humbles (kim.humbles@la.gov) Rebecca Claire Clement (rebecca.clement@la.gov) Brandon James Babineaux (brandon.babineaux@la.gov) Department of Health & Hospitals Bureau of Legal Services, Bienville Blvd. th 628 N. 4 Street Baton Rouge, LA 70802 Harry Joseph Philips, Jr. (skip.philips@taylorporter.com) Amy C. Lambert (amy.lambert@taylorporter.com) Katia Desrouleaux (katia.desrouleaux@taylorporter.com) 451 Florida St., 8th Floor P. O. Box 2471 Celia Alexander (celia.alexander@la.gov) Eboni Townsend (eboni.townsend@la.gov) Bureau of General Counsel Louisiana Department of Children and Family Services P.O. Box 1887 Baton Rouge, Louisiana, this1st day of March, 2013. s/celia R. Cangelosi CELIA R. CANGELOSI -6-
Case 2:11-cv-00926-JTM-JCW Document 449-1 Filed 03/01/13 Page 1 of 5 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA LUTHER SCOTT, JR., and LOUISIANA STATE CONFERENCE OF THE NAACP CIVIL ACTION NO. 2:11-00926 JTM - JCW v. TOM SCHEDLER in his official capacity as the Louisiana Secretary of State, SUZY SONNIER, in her official capacity as Secretary of the Louisiana Department of Children & Family Services, and BRUCE D. GREENSTEIN, in his official capacity as Secretary of the Louisiana Department of Health & Hospitals MEMORANDUM IN SUPPORT OF MOTION OF DEFENDANT SCHEDLER FOR EXTENSION OF TIME TO OPPOSE MOTION FOR ATTORNEYS FEES AND EXPENSES AND TO CONTINUE SUBMISSION DATE MAY IT PLEASE THE COURT: Defendant, Tom Schedler, in his official capacity as Louisiana Secretary of State ( Schedler ), who requests an extension of time to oppose plaintiffs motion for attorney fees (Doc 446) and for a continuance of the submission date of March 13, 2013. On January 23, 2013, the Court entered Findings of Fact and Conclusions of Law (Doc 436), finding that Plaintiffs are entitled to reasonable attorney fees, litigation expenses, and costs and directing Plaintiffs to file a motion to set attorneys fees and costs within twenty-one days. On February 8, 2013, plaintiffs filed a motion for extension of time to file the motion for attorney fees (Doc 438) unopposed by Schedler. The Court granted the extension until February 26, 2013 (Doc 441). On February 26, 2013, Plaintiffs filed the motion to set attorney fees and costs (Doc 446), -1-
Case 2:11-cv-00926-JTM-JCW Document 449-1 Filed 03/01/13 Page 2 of 5 requesting $2,894.514.80 in attorney fees and $141,907.23 in expenses, which motion is now set for hearing on March 13, 2013 before the magistrate judge. Under LR 7.5, opposition to the motion is due by March 5, 2013, affording the Secretary of State only 7 days to analyze, evaluate and oppose the 316 page motion and attachments, which include eight declarations and almost two years of billings from 19 different individuals at four different law firms or entities. Schedler requires additional time for consultations with experts, to evaluate, review and respond to the motion and requests a continuance of the submission date of March 13, 2013, and opposition due date of March 5, 2013. Counsel for Schedler are engaged in other matters requiring their attention at this time. Attorney Carey T. Jones has a jury trial scheduled in the Middle District of Louisiana beginning March 4, 2013 - Docket No. 08-234, Sandra A. Pace v. Randy K. Pope and Livingston Parish School Board. Additionally, other matters in this case are pending at this time, specifically a motion to stay pending appeal filed by the Secretary of State (Doc 445), which matter is set for submission on March 13, 2013, with an opposition and response anticipated. Should the district court deny the stay, Schedler intends to request a stay in the Fifth Circuit, seeking to stay the orders of the district court enjoining the Secretary of State to implement such policies and procedures as necessary to comply with the NVRA no later than March 15, 2013, and to certify compliance with the court s order in that regard. (Doc 437) In the absence of any stay, Schedler must develop rules and policies to implement and certify compliance by March 15, 2013. These other matters make it next to impossible for counsel for Schedler to respond meaningfully to the motion for attorney fees by March 5, 2013, or for the matter to be heard on March 13, 2013. Schedler has not seen these extensions and numerous billings prior to the filing of -2-
Case 2:11-cv-00926-JTM-JCW Document 449-1 Filed 03/01/13 Page 3 of 5 the motion and will require expert assistance to effectuate meaningful review thereof and defend against what Schedler regards as an inordinate fee request. In addition, Schedler has appealed the Permanent Injunction entered in this matter (Fifth Circuit, Docket No. 13-30185). The transcript has been prepared and should be filed in the Fifth Circuit shortly. The Secretary of State expects to receive a briefing schedule that will make additional demands on counsel s time. Schedler requires a continuance of the submission date of March 13, 2013 for at least 60 days, or until May 15, 2013 in order to prepare his opposition to the plaintiffs motion. The request seems only fair inasmuch as plaintiffs had approximately 30 days to prepare the motion and it consisted of plaintiffs counsel s own records, not review of the records of others as the Secretary of State will be required to do. Schedler represents that counsel for Plaintiffs has been contacted and has advised that Plaintiffs do not object to a continuance of the submission date until April 10, 2013, short of the time requested by defendant Schedler for meaningful review and opposition. Schedler has been advised that the other defendants are filing similar requests for continuance and are also requiring a May 15, 2013 submission date. Schedler represents that this request for extension until a May 15, 2013 submission date is reasonable in light of the amount of the request, the amount of filings, the amount of billings and prays that the magistrate judge allow the requested time for meaningful review and response. Respectfully Submitted: s/celia R. Cangelosi CELIA R. CANGELOSI Bar Roll No. 12140-3-
Case 2:11-cv-00926-JTM-JCW Document 449-1 Filed 03/01/13 Page 4 of 5 918 Government Street, Suite 101 P.O. Box 3036 Telephone: (225) 387-0511 Facsimile: (225) 387-1973 Email: celiacan@bellsouth.net s/carey T. Jones CAREY T. JONES Bar Roll No. 07474 1234 Del Este Avenue, Suite 803 P.O. Box 700 Denham Springs, LA 70727 Telephone: (225) 664-0077 Facsimile: (225) 664-9477 tjones@tomjoneslaw.com Attorneys for Defendant, Tom Schedler in his official capacity as Louisiana Secretary of State -4-
Case 2:11-cv-00926-JTM-JCW Document 449-1 Filed 03/01/13 Page 5 of 5 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of the above and foregoing Memorandum in Support of Motion of Defendant Schedler for Extension of Time to Oppose Motion for Attorneys Fees and Expenses and To Continue Submission Date was sent electronically or via U.S. First Class Mail, postage prepaid, to the following: Ronald L. Wilson (cabral2@aol.com) 701 Poydras Street, Suite 4100 New Orleans, LA 70139 Dale Ho (dho@naacpldf.org) Natasha Korgaonkar (nkorgaonkar@naacpldf.org) Ryan P. Haygood (rhaygood@naacpldf.org) 99 Hudson Street, Suite 1600 New York, NY 10013 Niyati Shah (nshah@projectvote.org) Michelle Rupp (mrupp@projectvote.org) Sarah Brannon (sbrannon@projectvote.org) th 737 ½ 8 Street SE Washington, DC 20003 Israel David (israel.david@friedfrank.com) Michael B. De Leeuw (michael.deleeuw@friedfrank.com) Erica Sollie One New York Plaza New York, NY 10004 Charles L. Dirks, III (charlie_dirks@excite.com) P.O. Box 2667 Stephen R. Russo (stephen.russo@la.gov) David McCay (david.mccay@la.gov) Douglas L. Cade (douglas.cade@la.gov) Kimberly L. Humbles (kim.humbles@la.gov) Rebecca Claire Clement (rebecca.clement@la.gov) Brandon James Babineaux (brandon.babineaux@la.gov) Department of Health & Hospitals Bureau of Legal Services, Bienville Blvd. th 628 N. 4 Street Baton Rouge, LA 70802 Harry Joseph Philips, Jr. (skip.philips@taylorporter.com) Amy C. Lambert (amy.lambert@taylorporter.com) Katia Desrouleaux (katia.desrouleaux@taylorporter.com) 451 Florida St., 8th Floor P. O. Box 2471 Celia Alexander (celia.alexander@la.gov) Eboni Townsend (eboni.townsend@la.gov) Bureau of General Counsel Louisiana Department of Children and Family Services P.O. Box 1887 st Baton Rouge, Louisiana, this 1 of March, 2013. s/celia R. Cangelosi CELIA R. CANGELOSI -5-
Case 2:11-cv-00926-JTM-JCW Document 449-2 Filed 03/01/13 Page 1 of 3 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA LUTHER SCOTT, JR., and LOUISIANA STATE CONFERENCE OF THE NAACP CIVIL ACTION NO. 2:11-00926 JTM - JCW v. TOM SCHEDLER in his official capacity as the Louisiana Secretary of State, SUZY SONNIER, in her official capacity as Secretary of the Louisiana Department of Children & Family Services, and BRUCE D. GREENSTEIN, in his official capacity as Secretary of the Louisiana Department of Health & Hospitals, NOTICE BY DEFENDANT, TOM SCHEDLER, OF SUBMISSION OF MOTION FOR EXTENSION OF TIME TO OPPOSE MOTION FOR ATTORNEYS FEES AND EXPENSES AND TO CONTINUE SUBMISSION DATE NOW INTO COURT, through undersigned counsel, comes Defendant, Tom Schedler, in his official capacity as Louisiana Secretary of State, who, pursuant to LR 7.2, notices his Motion of Defendant Schedler For Extension of Time to Oppose Motion For Attorneys Fees and Expenses and To Continue Submission Date filed on March 1, 2013 for submission on March 20, 2013, at 11:00 o clock a.m. WHEREFORE, Defendant, Tom Schedler, in his official capacity as Louisiana Secretary State, prays that his Motion of Defendant Schedler For Extension of Time to Oppose Motion For Attorneys Fees and Expenses And To Continue Submission Date be noticed for submission on March 20, 2013 at 11:00 o clock a.m. Respectfully Submitted: s/celia R. Cangelosi CELIA R. CANGELOSI Bar Roll No. 12140
Case 2:11-cv-00926-JTM-JCW Document 449-2 Filed 03/01/13 Page 2 of 3 918 Government Street, Suite 101 P.O. Box 3036 Telephone: (225) 387-0511 Facsimile: (225) 387-1973 Email: celiacan@bellsouth.net s/carey T. Jones CAREY T. JONES Bar Roll No. 07474 1234 Del Este Avenue, Suite 803 P.O. Box 700 Denham Springs, LA 70727 Telephone: (225) 664-0077 Facsimile: (225) 664-9477 tjones@tomjoneslaw.com Attorneys for Defendant, Tom Schedler in his official capacity as Louisiana Secretary of State
Case 2:11-cv-00926-JTM-JCW Document 449-2 Filed 03/01/13 Page 3 of 3 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of the above and foregoing Notice By Defendant, Tom Schedler, of Submission of Motion of Defendant Schedler For Extension of Time to Oppose Motion For Attorneys Fees and Expenses and To Continue Submission Date was sent electronically or via U.S. First Class Mail, postage prepaid, to the following: Ronald L. Wilson (cabral2@aol.com) 701 Poydras Street, Suite 4100 New Orleans, LA 70139 Dale Ho (dho@naacpldf.org) Natasha Korgaonkar (nkorgaonkar@naacpldf.org) Ryan P. Haygood (rhaygood@naacpldf.org) 99 Hudson Street, Suite 1600 New York, NY 10013 Niyati Shah (nshah@projectvote.org) Michelle Rupp (mrupp@projectvote.org) Sarah Brannon (sbrannon@projectvote.org) th 737 ½ 8 Street SE Washington, DC 20003 Israel David (israel.david@friedfrank.com) Michael B. De Leeuw (michael.deleeuw@friedfrank.com) Erica Sollie One New York Plaza New York, NY 10004 Charles L. Dirks, III (charlie_dirks@excite.com) P.O. Box 2667 Stephen R. Russo (stephen.russo@la.gov) David McCay (david.mccay@la.gov) Douglas L. Cade (douglas.cade@la.gov) Kimberly L. Humbles (kim.humbles@la.gov) Rebecca Claire Clement (rebecca.clement@la.gov) Brandon James Babineaux (brandon.babineaux@la.gov) Department of Health & Hospitals Bureau of Legal Services, Bienville Blvd. th 628 N. 4 Street Baton Rouge, LA 70802 Harry Joseph Philips, Jr. (skip.philips@taylorporter.com) Amy C. Lambert (amy.lambert@taylorporter.com) Katia Desrouleaux (katia.desrouleaux@taylorporter.com) 451 Florida St., 8th Floor P. O. Box 2471 Celia Alexander (celia.alexander@la.gov) Eboni Townsend (eboni.townsend@la.gov) Bureau of General Counsel Louisiana Department of Children and Family Services P.O. Box 1887 st Baton Rouge, Louisiana, this 1 day of March, 2013. s/celia R. Cangelosi CELIA R. CANGELOSI
Case 2:11-cv-00926-JTM-JCW Document 449-3 Filed 03/01/13 Page 1 of 1 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA LUTHER SCOTT, JR. and LOUISIANA STATE CONFERENCE OF THE NAACP CIVIL ACTION NO. 2:11-00926 JTM - JCW v. TOM SCHEDLER in his official capacity as the Louisiana Secretary of State, SUZY SONNIER, in her official capacity as Secretary of the Louisiana Department of Children & Family Services, and BRUCE D. GREENSTEIN, in his official capacity as Secretary of the Louisiana Department of Health & Hospitals, ORDER Considering the Motion of Defendant Schedler For Extensions Of Time To Oppose Motion For Attorneys Fees and Expenses And To Continue Submission Date : IT IS ORDERED that the submission date for plaintiffs motion for attorney fees and expenses (Doc 446) is continued and is now noticed for submission on May 15, 2013 at 11:00 o clock a.m. New Orleans, Louisiana, this day of, 2013. Honorable Joseph C. Wilkinson, Jr., Magistrate Judge