Opinion
No. 1:00-CV-1534-CAP
May 30, 2002
ORDER
In its order dated January 14, 2002, the court awarded Ms. Harman $11,539.50 in attorney fees. The court, however, did not enter a final judgment at that time but, rather, it directed that the plaintiff's accounting expert, William C. Lankford, Jr., submit to the court an affidavit indicating the hours billed by his firm from June 2000 through July 2001. Mr. Lankford's affidavit has been submitted and the total bill for the relevant period is $2,042.00. Ms. Harman is entitled to half of the amount of fees attributable to that time period, or $1,021.00.
Mr. Harman is now awarded accounting expert fees in the amount of $1,021.00 in addition to the $11,823.66 previously awarded. The Clerk of Court is DIRECTED to enter a final judgment consistent with this order.
SO ORDERED.
RETURN OF SERVICE Service of the Summons and Complaint was made by me Date: 5-21-02 Pamela R. Wright Title: Citizen Check one box below to indicate appropriate method of service ________________________________________________________________________
[X] Served personally upon the defendant. Place where served: __________ ____________________________________________________________________
[ ] Left copies thereof at the defendant's dwelling house or usual place of abode with a person of suitable age and discretion then residing therein.
Name of person with whom the summons and complaint were left: ______ ____________________________________________________________________
[ ] Returned unexecuted:
[X] Other (Specify): Left copies thereof at the defendant's place of business with a person of suitable age, Annette Swaray, Room 870, GSU College of Health Human Sciences, University Plaza, Atlanta, GA 30303 at 1:59 P.M.
STATEMENT OF SERVICE FEES TRAVEL SERVICES TOTAL
DECLARATION OF SERVER
I declare under penalty of perjury under the laws of the United States of America that the foregoing information contained in the Return of Service and Statement at Service Fees is true and correct:
Executed on: (Date) Signature of Server: May 21, 2002 Pamela Wright
Address of Server: 6970 Merrywood Dr. Fairburn, GA 30213
RETURN OF SERVICE Service of the Summons and Complaint was made by me Date: 5-21-02 Pamela R. Wright Title: Citizen Check one box below to indicate appropriate method of service ________________________________________________________________________
[ ] Served personally upon the defendant. Place where served: __________ ____________________________________________________________________
[ ] Left copies thereof at the defendant's dwelling house or usual place of abode with a person of suitable age and discretion then residing therein.
Name of person with whom the summons and complaint were left: ______ ____________________________________________________________________
[ ] Returned unexecuted:
[X] Other (Specify): Left copies thereof at 270 Washington St., Univ. System of GA Board of Regents, Rm. 7061, Office of Legal Affairs, with Corliss Cummings at 1:40 p.m.
STATEMENT OF SERVICE FEES
TRAVEL SERVICES TOTAL
DECLARATION OF SERVER
I declare under penalty of perjury under the laws of the United States of America that the foregoing information contained in the Return of Service and Statement at Service Fees is true and correct:
Executed on: (Date) Signature of Server: May 21, 2002 Pamela Wright
Address of Server: 6970 Merrywood Dr. Fairburn, GA 30213
NORTHERN DISTRICT OF GEORGIA
Franklin F. Brooks SUMMONS IN A CIVIL CASE v. CASE NUMBER 1-02-CU-0097Junita Powell Baranco, Kenneth W. Cannestra, Connie Cater, Joe Frank Harris, Hilton Hatchell, Jr., George M.D. Hunt, III, Edgar L. Jenkins, Charles H. Jones, Donald M. Leeberry, Jr., Elridge V. McMillian, Martin W. NeSmith, Glenn S. White, Joel O. Wooter, Jr., James Yancey, Hugh A. Carter, Jr., J. Timothy Shelnut, Susan J. Kelley, Judith L. Wold William B. Rhodes, Anthony T. Roberts, Barbara L. Carroll, Linda J. Nelson, Donna L.D. Williams
TO: (Name and address of defendant)
Linda J. Nelson 270 Washington Street Atlanta, Georgia 30334
YOU ARE HEREBY SUMMONED and required to serve upon PLAINTIFF'S ATTORNEY (name and address)
Franklin F. Brooks 8139 Flamingo Drive Jonesboro, Georgia 30238
an answer to the complaint which is herewith served upon you, within 20 days after service of this summons upon you, exclusive of the day of service. If you fail to do so, judgment by default will be taken against you for the relief demanded in the complaint. You must also file your answer with the Clerk of this Court within a reasonable period of time after service.
CLERK: Luther D. Thomas DATE: May 20, 2002
NORTHERN DISTRICT OF GEORGIA
Franklin F. Brooks SUMMONS IN A CIVIL CASE v. CASE NUMBER 1-02-CU-0097
Linda J. Nelson
TO: (Name and address of defendant)
Linda J. Nelson Georgia State University Affirmative Action Office 549 One Park Place Atlanta, Georgia 30303-3083
YOU ARE HEREBY SUMMONED and required to serve upon PLAINTIFF'S ATTORNEY (name and address)
Franklin F. Brooks 8139 Flamingo Drive Jonesboro, Georgia 30238
an answer to the complaint which is herewith served upon you, within 10 days after service of this summons upon you, exclusive of the day of service. It you fail to do so, judgment by default will be taken against you for the relief demanded in the complaint. You must also file your answer with the Clerk of this Court within a reasonable period of time after service.
CLERK: Luther D. Thomas DATE: May 20, 2002
FRANKLIN F. BROOKS
8139 Flamingo Drive Jonesboro, Ga 30238 BrooksFranklin@msn.com May 22, 2002
Dear Eddie Snelling, Jr., Senior Assistant Attorney General for the State of Georgia:
This letter is a notice to inform the Attorney's General Office of the state of Georgia that I am suing a state agency. The agency is Georgia State University under the direction and control of the Board of Regents of the Georgia University System. I am suing the members of the Board of Regents and state's employees of Georgia State University, Atlanta, Georgia.
The Complaint is enclosed along with a copy of the Summon in this letter as required by Georgia law, pursuant to O.C.G.A. § 50-21-35. In addition, this complaint is a Civil Rights Violation and a Tort that includes violation of plaintiff's Fourteenth Amendments Rights and also negligence claims under the United States Constitution.
Thus, by your office receiving of this information satisfy all requirements under Georgia law according to the State of Georgia upon an individual suing a state agency, officers and employees. This complaint has been mailed certified with return receipt and signature as required by Georgia's law.
Sincerely,
Franklin F. Brooks
[EDITORS' NOTE: POSTAL ”DOMESTIC RETURN RECEIPT[S]” WITH SIGNATURES AND ADDRESSES IS ELECTRONICALLY NON-TRANSFERRABLE.]
JUDGMENT
This action having come before the court, Charles A. Pannell, Jr., United States District Judge, for consideration of motion for attorney fees, and the court having granted said motion, it is
Ordered and adjudged that plaintiff recover accounting expert fees in the amount of $1,021.00 in addition to the $11,823.66 previously awarded as reasonable attorney's fees.