J.P. v. Elmore County Board of Education, No. 2:2019cv00636 - Document 76 (M.D. Ala. 2021)

Court Description: ORDER: it is ORDERED that: (1) Dft Elmore County Board of Education's 74 objection to the declarations of attorneys Cassady and Johnson 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 66 opinion and order; (2) Dft Elmore County Board of Education's deadline to respond to attorney Cassadys clarification, previously set for 4/23/2021, see 66 Opinio n and Order at 25, is extended to 5:00 pm on 4/26/2021; 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) Plf J.P.'s deadline to reply to dft Elmore County Board of Education's response is extended to 5:00 pm on 4/30/2021. Signed by Honorable Judge Myron H. Thompson on 4/26/2021. (bes, )

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J.P. v. Elmore County Board of Education Doc. 76 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, v. ELMORE COUNTY BOARD OF EDUCATION, Defendant. CIVIL ACTION NO. 2:19cv636-MHT (WO) 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 Dockets.Justia.com clarification J.P.’s sought second declarations by attorney Cassady, Jr. court, William requesting attorneys’ fees claim. L. the fees both Cassady Johnson for III and filed litigating the See Supplemental Decl. of Henry (Doc. 73); Third Decl. Board of of William Tipton Johnson III (Doc. 72). Defendant Elmore County 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 second, of counsel’s Rule 54(d) success of the on that Federal claim. Rules of And, Civil Procedure requires that a “claim for attorney’s fees 2 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). 3 (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 address April the 26, 2021. objected-to This response declarations of should not 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 4

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