Coleman, et al v. Schwarzenegger, et al

Filing 3801

STIPULATION and ORDER 3800 for temporary stay signed by Senior Judge Lawrence K. Karlton on 2/16/2010. Court stays all attorneys fees, costs, and expense matters related to Three-Judge panel until 10/1/2010. (Marciel, M)

1 ROSEN, BIEN & GALVAN, LLP MICHAEL W. BIEN, Bar No. 96891 2 ERNEST GALVAN, Bar No. 196065 JANE E. KAHN, Bar No. 112239 3 AMY WHELAN, Bar No. 215675 315 Montgomery Street, 10th Floor 4 San Francisco, California 94104 5 Telephone: [phone] K&L GATES LLP JEFFREY L. BORNSTEIN, Bar No. 99358 7 EDWARD P. SANGSTER, Bar No. 121041 4 Embarcadero Center, Suite 1200 8 San Francisco, CA 94111-5994 Phone: [phone] THE LEGAL AID SOCIETY ­ 10 EMPLOYMENT LAW CENTER 11 CLAUDIA CENTER, Bar No. 158255 600 Harrison Street, Suite 120 12 San Francisco, CA 94107 Telephone: [phone] Attorneys for Plaintiffs 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 v. ARNOLD SCHWARZENEGGER, et al., Defendants. RALPH COLEMAN, Plaintiff,

PRISON LAW OFFICE DONALD SPECTER, Bar No. 83925 STEVEN FAMA, Bar No. 99641 1917 Fifth Street Berkeley, CA 94710 Telephone: [phone]

BINGHAM, McCUTCHEN, LLP WARREN E. GEORGE, Bar No. 53588 Three Embarcadero Center San Francisco, California 94111 Telephone: [phone]

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

Case No. CIV S 90-520 LKK-JFM STIPULATION AND ORDER TEMPORARILY STAYING ALL ATTORNEYS' FEES, COSTS, AND EXPENSES RELATED TO ALL WORK BEFORE THE THREE-JUDGE PANEL UNTIL OCTOBER 1, 2010

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Stipulation And Order Temporarily Staying All Attorneys' Fees, Costs, And Expenses Related To All Work Before The Three-Judge Panel Until October 1, 2010 - Case No. Civ S 90-520 LKK-JFM

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STIPULATION TO TEMPORARILY STAY ALL ATTORNEYS' FEES, COSTS, AND EXPENSES RELATED TO ALL WORK BEFORE THE THREE-JUDGE PANEL UNTIL OCTOBER 1, 2010 Plaintiffs and defendants STIPULATE as follows: 1. In briefs filed with this court regarding plaintiffs' attorneys' fees and expenses

6 incurred before the Three-Judge panel, plaintiffs have sought an award of attorneys' fees and 7 costs for work performed in connection with the Three-Judge Panel proceedings. Defendants 8 have contended that a fees and costs award is premature and that the single judges lack 9 jurisdiction over these fees matters. Nothing in this Stipulation may be deemed a concession of 10 any party's positions on entitlement to or reasonableness of attorneys' fees and costs. 11 2. In Plata v. Schwarzenegger, defendants moved for a stay of attorneys' fees matters

12 related to work before the Three-Judge Panel. Plata Docket 2227. Plaintiffs in the Plata case 13 disputed defendants' legal arguments, but did not contest the imposition of a stay until July 1, 14 2010. Plata Docket 2241. Judge Henderson subsequently granted a temporary stay until July 1, 15 2010. Plata Docket 2255. 16 3. The parties in this case also jointly agree to stay all attorneys' fees, costs and

17 expense matters related to the Three-Judge Panel and related appeals until October 1, 2010. In so 18 doing, plaintiffs do not waive and will enforce their right to interest in accordance with the 19 provisions set forth in the March 19, 1996 Coleman Periodic Fees order. Defendants do not 20 waive any rights or arguments to object to any and all fees and costs or to appeal any order 21 regarding fees and costs arising out of the Three-Judge Court proceedings. For the duration of 22 the stay, any and all deadlines relating to motions or claims for attorneys' fees, costs, and 23 expenses contained in the Federal Civil Rules, the Federal Appellate Rules, the U.S. Supreme 24 Court Rules, and/or the Local Rules for the Eastern District of California are stayed. If either 25 /// 26 /// 27 /// 28 1
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Stipulation And Order Temporarily Staying All Attorneys' Fees, Costs, And Expenses Related To All Work Before The Three-Judge Panel Until October 1, 2010 - Case No. Civ S 90-520 LKK-JFM

1 party seeks to extend the stay beyond October 1, 2010, the party may do so by seeking a 2 subsequent stipulation or by filing a noticed motion before this Court. 3 4 Dated: February 12, 2010 5 6 7 8 Dated: February 12, 2010 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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Respectfully submitted, ROSEN, BIEN & GALVAN, LLP By: /s/ Amy Whelan Amy Whelan Attorney for Coleman Plaintiffs Office of the Attorney General By:/s/Samantha Ramsey for Debbie Vorous, Deputy Attorney General Attorney for Coleman Defendants

Stipulation And Order Temporarily Staying All Attorneys' Fees, Costs, And Expenses Related To All Work Before The Three-Judge Panel Until October 1, 2010 - Case No. Civ S 90-520 LKK-JFM

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ORDER TEMPORARILY STAYING ALL ATTORNEYS' FEES, COSTS, AND EXPENSES RELATED TO ALL WORK BEFORE THE THREEJUDGE PANEL UNTIL OCTOBER 1, 2010 Pursuant to the stipulation of the parties, and good cause appearing, this Court stays all

4 attorneys' fees, costs and expense matters related to the Three-Judge panel until October 1, 2010. 5 Plaintiffs have preserved and do not waive their right to claim interest in accordance with the 6 provisions set forth in the March 19, 1996 Coleman Periodic Fees order. For the duration of the 7 stay, any and all deadlines relating to motions or claims for attorneys' fees, costs, and expenses 8 contained in the Federal Civil Rules, the Federal Appellate Rules, the U.S. Supreme Court Rules, 9 and/or the Local Rules for the Eastern District of California do not apply. If either party seeks to 10 extend the stay beyond October 1, 2010, the party may do so by seeking a subsequent stipulation 11 or by filing a noticed motion before this Court. 12 IT IS SO ORDERED. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3
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Dated: February 16, 2010

Stipulation And Order Temporarily Staying All Attorneys' Fees, Costs, And Expenses Related To All Work Before The Three-Judge Panel Until October 1, 2010 - Case No. Civ S 90-520 LKK-JFM