Hedrick et al v. Grant

Filing 261

ORDER signed by Magistrate Judge Edmund F. Brennan on 1/31/2019 GRANTING 244 Motion for Attorney Fees. For the period through 6/30/2018, Defendants shall pay Plaintiffs' $1,100,000 for reasonable attorneys' fees, expenses, and costs. For the period from 7/1/2018 through final approval, Defendants shall pay Plaintiffs' $79,500 for reasonable attorneys' fees, expenses, and costs. These amounts shall be paid within 30 days of entry of this Order. Interest shall run commencing 15 days from the date of this Order, accruing at the rate provided by 28 U.S.C. § 1961. (See Order for Details) (Yin, K)

1 CARTER C. WHITE – 164149
KING HALL CIVIL RIGHTS CLINIC
2 U.C. Davis School of Law
One Shields Avenue, Bldg. TB-30
3 Davis, California 95616-8821
Telephone: [phone]
4 Facsimile: [phone]
Email:
[e-mail]
5
MICHAEL W. BIEN – 096891
6 GAY CROSTHWAIT GRUNFELD – 121944
MICHAEL FREEDMAN – 262850
7 BENJAMIN BIEN-KAHN – 267933
ROSEN BIEN GALVAN & GRUNFELD LLP
8 101 Mission Street, Sixth Floor
San Francisco, California 94105-1738
9 Telephone: [phone]
Facsimile: [phone]
[e-mail]
10 Email:
[e-mail]
[e-mail]
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12 Attorneys for Plaintiffs
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UNITED STATES DISTRICT COURT
14
EASTERN DISTRICT OF CALIFORNIA
15
SACRAMENTO DIVISION
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17
DERRIL HEDRICK, DALE ROBINSON,
18 KATHY LINDSEY, MARTIN C. CANADA,
DARRY TYRONE PARKER, individually and
19 on behalf of all others similarly situated,
Plaintiffs,

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v.

22 JAMES GRANT, as Sheriff of Yuba County;
Lieutenant FRED J. ASBY, as Yuba County
23 Jailer; JAMES PHARRIS, ROY LANDERMAN,
DOUG WALTZ, HAROLD J. “SAM”
24 SPERBEK, JAMES MARTIN, as members of
the YUBA COUNTY BOARD OF
25 SUPERVISORS,
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Case No. 2:76-CV-00162-EFB
[PROPOSED] AMENDED ORDER
GRANTING PLAINTIFFS’
MOTION FOR ATTORNEYS’
FEES AND COSTS
Judge: Hon. Edmund F. Brennan
Date:
Time:
Crtrm.: 8, 13th Floor
Trial Date:

None Set

Defendants.

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[3336315.3]

[PROPOSED] AMENDED ORDER GRANTING PLAINTIFFS’ MOTION FOR ATTORNEYS’ FEES AND COSTS

1

Plaintiffs’ Motion for Attorneys’ Fees and Costs came on for hearing before this

2 Court on January 30, 2019.
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The Amended Consent Decree, to which the parties agreed on August 16, 2018,

4 provides that
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The parties acknowledge that Plaintiffs’ counsel have incurred and will incur
attorneys’ fees, litigation expenses, and costs related to monitoring the
Consent Decree, litigating issues related to enforcement of the Consent
Decree, seeking remedial orders, and negotiating this Amended Consent
Decree. … [P]laintiffs will, contemporaneous with their filing of their
motion for preliminary approval of the Amended Consent Decree, submit a
motion for attorneys’ fees and costs seeking to recover attorneys’ fees and
costs related to all work on this matter including monitoring the Consent
Decree, litigating issues related to the Consent Decree (including the Motion
to File a Supplemental Complaint), seeking remedial orders, and negotiating
this Amended Consent Decree (“fees and expenses”). Plaintiffs agree not to
seek fees and expenses from the Court in an amount above $1,100,000, for
fees and expenses incurred through June 30, 2018. Defendants agree not to
oppose Plaintiffs’ petition for fees and expenses up to that amount for the
period through June 30, 2018. Plaintiffs reserve the right to petition the
Court for additional fees and expenses incurred from July 1, 2018 through
final approval of the Amended Consent Decree (“additional fees and
expenses”). Plaintiffs’ counsel agree the lodestar for the additional fees and
expenses will be calculated using $220.50 per hour, the 2018 rate authorized
by the Prison Litigation Reform Act (PLRA). Defendants reserve the right to
oppose any request by Plaintiffs for compensation for fees and expenses
incurred from July 1, 2018 through final approval of the Amended Consent
Decree. The parties acknowledge that Court approval of the fees and
expenses is required.

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The Court, having considered the pleadings on the motion, oral argument at the

19 hearing, and the record in this case, and good cause appearing, now makes findings and
20 ORDERS as follows:
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1.

This is a class action certified pursuant to Federal Rule of Civil Procedure

22 23(b)(2), and the Court may award attorneys’ fees and costs to class counsel pursuant to
23 Fed. R. Civ. P. 23(h).
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2.

Plaintiffs are “prevailing parties” under the federal fee shifting statutes 42

25 U.S.C. § 1983, 42 U.S.C. § 12205, and 29 U.S.C. § 794a(b). Plaintiffs are successful
26 litigants under California’s private attorney general statute, Cal. Code Civ. Proc. § 1021.5.
27 An award of attorney fees is appropriate under both Section 1021.5 and the separate
28 federal fee-shifting statutes.
[3336315.3]

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[PROPOSED] AMENDED ORDER GRANTING PLAINTIFFS’ MOTION FOR ATTORNEYS’ FEES AND COSTS

1

3.

For work that Plaintiffs performed prior through June 30, 2018 on work

2 related to claims under sections 12132 and 12188 of the Americans with Disabilities Act
3 (“ADA”), section 794 of the Rehabilitation Act, Article I, Sections 7 and 17 of California
4 Constitution, California Government Code § 11135, and California Code of Civil
5 Procedure § 1021.5 (collectively, “ADA-related work”), Plaintiffs are entitled to
6 compensation at their full market rates.
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4.

For work that Plaintiffs’ counsel performed through June 30, 2018 on non-

8 ADA-related work and for all work that Plaintiffs’ counsel performed after July 1, 2018,
9 Plaintiffs have agreed to be compensated at the rate set by the Prison Litigation Reform
10 Act (“PLRA”). 18 U.S.C. § 3006A. For 2018, Defendants have agreed in the Amended
11 Consent Decree that the PLRA rate is $220.50 per hour.
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5.

The time Plaintiffs’ attorneys expended on this case was appropriate given

13 the length, intensity, and nature of the litigation. In calculating their lodestar, Plaintiffs’
14 counsel have written off a total of approximately 10% of billable hours to date. The Court
15 finds these billing judgment reductions to be reasonable and appropriate, in that they
16 assure that Plaintiffs’ counsel have accounted for any undue duplication of effort or
17 inefficiency.
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6.

After reasonable billing judgment reductions, Plaintiffs’ lodestar for work

19 performed through June 30, 2018 is $1,652,000.20, representing compensation for 6922
20 hours of work invested in this case. For the period from July 1, 2018 through final
21 approval of the Amended Consent Decree, Plaintiffs’ lodestar is $100,901, representing
22 compensation for 457.4 additional hours of work invested in this case.
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7.

Plaintiffs’ counsel is entitled to recover the expenses advanced to prosecute

24 this litigation on behalf of the class. Plaintiffs have incurred costs and expenses of
25 $68,782.81 through June 30, 2018. For the period from July 1, 2018 through final
26 approval of the Amended Consent Decree, Plaintiffs have incurred costs and expenses of
27 $2,010.
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[3336315.3]

8.

Accordingly, the Court finds that Plaintiffs’ counsel’s total lodestar of fees
2

[PROPOSED] AMENDED ORDER GRANTING PLAINTIFFS’ MOTION FOR ATTORNEYS’ FEES AND COSTS

1 and expenses through June 30, 2018 of $1,720,783.01 is reasonable and appropriate under
2 federal and state law for the work performed and the success achieved for the class. This
3 amount far exceeds the negotiated cap of $1.1 million for fees and expenses incurred
4 through June 30, 2018.
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9.

The Court also finds that Plaintiffs’ counsel’s total lodestar of fees and

6 expenses from July 1, 2018 through final approval of $102,911 is reasonable and
7 appropriate under federal and state law for the work performed and the success achieved
8 for the class.
9

10.

For the period through June 30, 2018, Defendants are ordered to pay

10 Plaintiffs’ $1,100,000 for reasonable attorneys’ fees, expenses, and costs.
11

11.

For the period from July 1, 2018 through final approval, Defendants are

12 ordered to pay Plaintiffs’ $79,500 for reasonable attorneys’ fees, expenses, and costs.
13

12.

These amounts shall be paid within thirty (30) days of entry of this Order.

14 Interest shall run commencing fifteen (15) days from the date of this Order, accruing at the
15 rate provided by 28 U.S.C. § 1961.
16

IT IS SO ORDERED.

17 DATED: January 31, 2019.
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[3336315.3]

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[PROPOSED] AMENDED ORDER GRANTING PLAINTIFFS’ MOTION FOR ATTORNEYS’ FEES AND COSTS