Case: Martinez v. City of St. Louis

Deeken v. City of St. Louis

U.S. Court of Appeals for the Eighth Circuit

Martinez v. St. Louis

U.S. Court of Appeals for the Eighth Circuit

U.S. Court of Appeals for the Eighth Circuit

ORDER - The Court has reviewed the Judgment in this case of March 22, 2006 (Doc. 255), and the Motion of Plaintiff Martinez to Amend Judgment (Doc. 259). The Court's Judgment did not reflect the stipulation of the parties submitted at the time of trial: first, that Martinez would have earned $174,642.09 between March 13, 2000 and March 21, 2005 as a probationary fire private and fire private with the City of St. Louis. Second, that Martinez actually earned $134,581.00 during tha t same period in his position as a tree trimmer and then a forestry foreman with the City. The difference between the wages Martinez earned in the forestry division and the wages he would have earned with the fire department was $40,061.09. The Court has previously found that the City should have hired Plaintiff Martinez on March 13, 2000. Therefore, Martinez is entitled to an award of damages in the amount of his lost wages. The Court hereby AMENDS its judgment of March 22, 2006, in accordance with Federal Rule of Civil Procedure 60(a), and ORDERS that Plaintiff Martinez be awarded an additional sum of $40,061.09 for lost wages. Signed by Judge John F. Nangle on 5/26/06. (DLB, )

ORDER - Before the Court are the Supplemental Applications for Attorney's Fees submitted by Plaintiffs Martinez and Deeken, respectively. (Docs. 256 and 260.) The Court has reviewed these motions and Defendant's responses, and issues the f ollowing findings of fact and conclusions of law: 1)The hourly rate for the lead attorneys in this case, Mr. Clyde Craig and Mr. Charles Bobinette, shall be $225. 2)The hourly rate for Mr. Potashnick and Ms. DeGeorge shall be $100. The hou rly rate for the unidentified Mr. Nickles shall also be $100 unless Plaintiff Martinez is able to demonstrate that a different result is appropriate to this Court's satisfaction. 3)The hourly rate for law student interns shall be $36.9 8. 4)The hourly rate for paralegal services shall be $70.50 Travel reimbursement due to Mr. Craig's voluntary relocation to Florida after the start of this lawsuit is inappropriate and will be disallowed by the Court.6)This Court will not a ward any costs to Martinez unless said party submits a verified bill of costs, as required. Furthermore, this Court is not going to get involved in the numerous petty issues raised by parties in this case, such as: conversations with reporters, appea ls work, time spent in connection with FIRE's motion, research on the 1998 applications, research on the doctrine of spoilation, detective consultant fees, postage, et cetera and ad infinitum. The Court ORDERS the parties in this case to get to gether and meet for so long as is necessary to reduce their differences as to any remaining issues concerning fees and expenses to an irreducible minimum. The Court also notes that the inadequacy and inconsistencies in the record keeping of counsel for Plaintiff Martinez are troubling. The Court ORDERS said counsel and the City of St. Louis to make an especially concerted effort to resolve these issues and come to agreement on the appropriate number of billable hours. The Court further ORDERS the respective parties to jointly draft proposed awards for attorney's fees, expenses and costs in light of such resolution of minutiae as was herein ordered, and taking into account the Court?s findings as listed above. The parties shall submit the joint proposed award of attorney's fees, expenses and costs for both Martinez and Deeken within twenty (20) days of the date of this order. Signed by Judge John F. Nangle on 5/30/06. (DLB, )

ORDER - There will be a hearing in this matter at 10:00 a.m. at the Thomas F. Eagleton United States Courthouse, 111 South 10th Street in St. Louis, Missouri, on Thursday, September 28, 2006. This hearing will address all pending questions, including attorney's fees. Mr. Bobinette and the appropriate representative of the City of St. Louis shall be present at this hearing. Mr. Craig may be present but his presence is not required. Signed by Judge John F. Nangle on 9/6/06. (DLB, )

ORDER - IT IS HEREBY ORDERED that Plaintiff Deeken's Motion Within to File His Notice of Appeal (Doc. 292 ) is DENIED as MOOT. IT IS FURTHER ORDERED that the Parties' Motions for Attorney's Fees (Docs. 256 , 260 , 275 , 277 , 284 , & 293 ) are STAYED. Signed by Judge John F. Nangle on 10/13/06. (DLB, )

ORDER - The Court recently received the Withdrawal of Appearance of Jerome Diekemper (Doc. 310), the Entry of Appearance of Sherrie A. Schroder (Doc. 311), and the Entry of Appearance of Greg A. Campbell (Doc. 312). These filings, which pertain to C ounsel for Intervenors Lawrence B. Arens, IV and Mark D. Rauss, called the Court's attention to the status of the Intervenors in this matter. The Court checked the docket report and confirmed its recollection that the Intervenors have not been active participants in this case in any fashion since 2004. They obviously have no interest herein. Accordingly, IT IS HEREBY ORDERED that Intervenors Lawrence B. Arens, IV and Mark D. Rauss are DISMISSED as parties in this case. Lawrence B. Arens, IV and Mark D. Rauss terminated. Signed by Judge John F. Nangle on 1/29/07. (DLB, )