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MAY v. COOPERMAN

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY


March 28, 1984

JEFFREY MAY, individually, JEAN ROSS, as natural parent of DAMON ROSS, an infant, and JEAN ROSS, individually, BONNIE SCHORSKE, as natural parent of MARK TULLOSS, an infant, and BONNIE SCHORSKE, individually, BRENDA BUTLER, as natural parent of CARY BUTLER, an infant, and BRENDA BUTLER, individually, GARY DREW, individually, Plaintiffs,
v.
DR. SAUL COOPERMAN, Commissioner of the Department of Education, NEW JERSEY DEPARTMENT OF EDUCATION, EDISON TOWNSHIP BOARD OF EDUCATION, OLD BRIDGE TOWNSHIP BOARD OF EDUCATION, Defendants, and ALAN J. KARCHER as Speaker of the New Jersey General Assembly, the NEW JERSEY GENERAL ASSEMBLY, CARMEN A. ORECHIO as President of the New Jersey Senate and the NEW JERSEY SENATE, Defendants-Intervenors

The opinion of the court was delivered by: DEBEVOISE

DEBEVOISE, District Judge.

 Plaintiffs sued for declaratory and injunctive relief contesting the constitutionality of New Jersey's "moment of silence" law. New Jersey P.L. 1982, Ch. 205. After a trial they prevailed on the merits. May v. Cooperman, 572 F. Supp. 1561 (D.N.J. 1983). In my original opinion I held that under the circumstances of the case attorneys fees should not be awarded. After plaintiffs moved for reconsideration of that ruling, I was persuaded that plaintiffs are entitled to an award of attorneys fees against the intervening legislators but not against the original defendants. 578 F. Supp. 1308 (D.N.J. 1984). Plaintiffs' attorneys have filed affidavits in support of a request for such fees in the aggregate amount of $146,396.25 and for disbursements. This total sum was arrived at as follows: Pellettieri, Rabstein and Altman Anne P. McHugh 336.30 hours at $85 $ 28,585.50 Richard M. Altman 93.60 hours at $125 11,700.00 Marilyn L. Kline 57.25 hours at $85 4,866.25 Bruce H. Stern .25 hours at $85 21.25 Kyle T. Birch (Paralegal) 15.70 hours at $10 157.00 Norman L. Cantor 197.75 hours at $150 29,662.50 Jack D. Novik 114.5 hours at $125 14,312.50 Deborah H. Karpatkin 75.5 hours at $85 6,417.50 Jeffrey E. Fogel 15 hours at $125 1,875.00 Total $ 97,597.50 Applying multipler 1.50 $146,396.00 (Actually $146,396.25)

19840328

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