Coleman, et al v. Schwarzenegger, et al

Filing 3851

STIPULATION and ORDER 3850 signed by Senior Judge Lawrence K. Karlton on 5/26/10, ORDERING the STAY of pltfs' motion to compel payment of more than $135 per hr or $82.50 per hr for paralegal work performed during 2009 pending final r esolution of Perez, et al. v. Cate, et al., USCA Docket No. 09-17185. Pltfs' motion will be DUE by 7/5/10; dfts' opposition will be DUE by 8/2/10; pltfs' reply brief will be DUE by 8/16/10, and the hearing date for the motion will be SET for 8/23/10. (Kastilahn, A)

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] BINGHAM, McCUTCHEN, LLP WARREN E. GEORGE, Bar No. 53588 7 Three Embarcadero Center San Francisco, California 94111 8 Telephone: [phone] THE LEGAL AID SOCIETY ­ EMPLOYMENT LAW CENTER 10 CLAUDIA CENTER, Bar No. 158255 11 600 Harrison Street, Suite 120 San Francisco, CA 94107 12 Telephone: [phone] Attorneys for Plaintiffs 14 15 16 17 18 RALPH COLEMAN, et al., 19 20 v. 21 22 ARNOLD SCHWARZENEGGER, et al., 23 24 25 26 27 28 Defendants. Plaintiffs,

PRISON LAW OFFICE DONALD SPECTER, Bar No. 83925 STEVEN FAMA, Bar No. 99641 1917 Fifth Street Berkeley, CA 94710 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 TO STAY PLAINTIFFS' MOTION TO COMPEL PAYMENT OF REASONABLE PARALEGAL FEES FOR WORK PERFORMED DURING 2009 UNTIL THE RESOLUTION OF PEREZ V. CATE APPEAL NO. 09-17185

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Stipulation And Order To Stay Plaintiffs' Motion To Compel Payment Of Reasonable Paralegal Fees For Work Performed During 2009 Until The Resolution Of Perez V. Cate Appeal No. 09-17185 - Case No. Civ S 90-520 LKK-JFM

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STIPULATION TO STAY PLAINTIFFS' MOTION TO COMPEL PAYMENT OF REASONABLE PARALEGAL FEES FOR WORK PERFORMED DURING 2009 UNTIL THE RESOLUTION OF PEREZ V. CATE APPEAL NO. 09-17185 Plaintiffs and Defendants STIPULATE as follows: 1. Pursuant to the Coleman Periodic Fees Order, "Plaintiffs will file a yearly motion

6 to compel payment of disputed items, if necessary, not later than sixty (60) days after the parties 7 meet and confer with respect to the statement covering the fourth quarter of each year." March 8 19, 1996 Stipulation and Order for Periodic Collection of Attorneys' Fees and Costs (attached as 9 Appendix A). The parties have already stipulated to stay all attorneys' fees, costs and expense 10 matters related to the Three-Judge Panel and related appeals until October 1, 2010. Coleman 11 Docket 3801. The only remaining, disputed issues from 2009 are: (1) Defendants' refusal to pay 12 for any work performed by staff who are not "paralegals" as defined by California Business & 13 Professions Code § 6450, and; (2) Defendants' refusal to pay more than $135 per hour or $82.50 14 per hour for paralegal work on the case. 15 2. Plaintiffs' counsel will file a motion to compel regarding the first issue identified

16 above. By this stipulation, however, the parties agree to extend the briefing and argument 17 schedule for Plaintiffs' motion to compel as follows: Plaintiffs' motion will be due by July 5, 18 2010; Defendants' opposition to the motion will be due by August 2, 2010; Plaintiffs' reply brief 19 will be due by August 16, 2010, and the hearing date for the motion will be set for August 23, 20 2010. 21 3. With respect to the second issue, Defendants' refusal to pay more than $135 per

22 hour or $82.50 per hour for paralegal work, the parties agree to stay Plaintiffs' motion on this 23 issue pending final resolution of Perez, et al. v. Cate, et al., Court of Appeals Docket No. 0924 17185, United States Court of Appeals for the Ninth Circuit, including any petitions for panel or 25 en banc rehearing, or final resolution in the United States Supreme Court (hereinafter "Perez 26 appeal"). In so doing, Plaintiffs do not waive and will enforce their right to interest in 27 accordance with the provisions set forth in the March 19, 1996 Coleman Periodic Fees order. 28 1
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Stipulation And Order To Stay Plaintiffs' Motion To Compel Payment Of Reasonable Paralegal Fees For Work Performed During 2009 Until The Resolution Of Perez V. Cate Appeal No. 09-17185 - Case No. Civ S 90-520 LKK-JFM

1 Nothing in this Stipulation may be deemed a waiver or concession of any party's legal arguments 2 regarding this issue. 3 4. If the requested stay is granted, the parties will meet and confer regarding the

4 paralegal rate issue within 10 days after the mandate issues in the Perez appeal. If the parties are 5 still unable to resolve this issue, Plaintiffs will file a motion to compel within 60 days of the 6 completion of the meet and confer. 7 Dated: May 20, 2010 8 9 10 11 Dated: May 21, 2010 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/ Debbie Vorous Debbie Vorous, Deputy Attorney General Attorney for Coleman Defendants

Stipulation And Order To Stay Plaintiffs' Motion To Compel Payment Of Reasonable Paralegal Fees For Work Performed During 2009 Until The Resolution Of Perez V. Cate Appeal No. 09-17185 - Case No. Civ S 90-520 LKK-JFM

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ORDER STAYING PLAINTIFFS' MOTION TO COMPEL PAYMENT OF PARALEGAL RATES UNTIL THE RESOLUTION OF PEREZ V. CATE APPEAL NO. 09-17185 Pursuant to the stipulation of the parties, and good cause appearing, this Court stays

4 Plaintiffs' motion to compel payment of more than $135 per hour or $82.50 per hour for 5 paralegal work performed during 2009 pending final resolution of Perez, et al. v. Cate, et al., 6 Court of Appeals Docket No. 09-17185, United States Court of Appeals for the Ninth Circuit, 7 including any petitions for panel or en banc rehearing or final resolution in the United States 8 Supreme Court. Plaintiffs have preserved and do not waive their right to claim interest in 9 accordance with the provisions set forth in the March 19, 1996 Coleman Periodic Fees order. 10 The parties shall meet and confer regarding the paralegal rate issue within 10 days after the 11 mandate issues in the Perez appeal. If the parties are still unable to resolve this issue, Plaintiffs 12 shall file a motion to compel within 60 days of the completion of the meet and confer. 13 With respect to Plaintiffs' yearly motion to compel payment for work performed by staff

14 who are not "paralegals" as defined by California Business & Professions Code § 6450, this 15 Court grants the parties' stipulation setting a briefing schedule. Accordingly, Plaintiffs' motion 16 will be due by July 5, 2010; Defendants' opposition to the motion will be due by August 2, 2010; 17 Plaintiffs' reply brief will be due by August 16, 2010, and the hearing date for the motion will be 18 set for August 23, 2010. 19 IT IS SO ORDERED. 20 Dated: May 26, 2010 21 22 23 24 25 26 27 28 3
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Stipulation And Order To Stay Plaintiffs' Motion To Compel Payment Of Reasonable Paralegal Fees For Work Performed During 2009 Until The Resolution Of Perez V. Cate Appeal No. 09-17185 - Case No. Civ S 90-520 LKK-JFM