2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 The Tucson Unified School District, by and through counsel undersigned, hereby responds to the Mendoza Plaintiffs’ Motion for an Award of Attorneys’ Fees and its Memorandum in support of the same. This Response is supported by the following Memorandum of Points and Authorities.
MEMORANDUM OF POINTS AND AUTHORITIES I. Introduction
The Mendoza Plaintiffs seek a total award of $718, 813.38. The District objects to (1) an award based on the hourly rates requested by the Mendoza Plaintiffs; (2) an award that includes payment for time entries that are insufficiently detailed to support the amount requested; and (3) an award based on the excessive number of hours for which reimbursement is sought and, in general, the excessive amount of the fee request.
II. General Background
This § 1983 action was initiated in 1974 by the Fisher Plaintiffs, representing African American students in the Tucson Unified School District (the “District”). A separate lawsuit was filed in 1975 by the Mendoza Plaintiffs representing Mexican American
students in the District. The United States moved to intervene in 1976 and intervention was granted. The cases were consolidated and tried to the Court in 1977. The Court entered a ruling in June 1978 and notices of appeal were filed. Rather than pursuing these appeals, the Parties entered into a Stipulation of Settlement that was approved by the Court on August 31, 1978.
In the Unitary Status Plan adopted by the Court in February 2013, the Parties generally refer to the Mendoza Plaintiffs as “Latino” rather than Mexican American.
Case 4:74-cv-00090-DCB Document 1505 Filed 11/27/13 Page 2 of 18