Coleman, et al v. Schwarzenegger, et al

Filing 3948

STIPULATION and ORDER signed by Senior Judge Lawrence K. Karlton on 11/1/2010 ORDERING that the Court extends the stay of all attorneys' fees, costs and expense matters related to the Three-Judge Panel until 1/17/2011. If either party seeks to extend the stay beyond 1/17/2011, the party may do so by seeking a subsequent stipulation or by filing a noticed motion before this Court. (Zignago, K.)

(PC) Coleman, et al v. Schwarzenegger, et al

Doc. 3948

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, et al., Plaintiffs,

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 EXTENDING THE TEMPORARY STAY OF ALL ATTORNEYS' FEES, COSTS, AND EXPENSES RELATED TO ALL WORK BEFORE THE THREE-JUDGE PANEL UNTIL JANUARY 17, 2011

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Stipulation And Order Extending The Temporary Stay Of All Attorneys' Fees, Costs, And Expenses Related To All Work Before The Three-Judge Panel Until January 17, 2011 - Case No. Civ S 90-520 LKK-JFM Dockets.Justia.com

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STIPULATION Plaintiffs and defendants STIPULATE as follows: 1. In briefs filed with this court regarding plaintiffs' attorneys' fees and expenses

4 incurred before the Three-Judge Panel, plaintiffs have sought an award of attorneys' fees and 5 costs for work performed in connection with the Three-Judge Panel proceedings. Defendants 6 have contended that a fees and costs award is premature and that the single judges lack 7 jurisdiction over these fees matters. Nothing in this Stipulation may be deemed a concession of 8 any party's positions on entitlement to or reasonableness of attorneys' fees and costs. 9 2. In Plata v. Schwarzenegger, defendants moved for a stay of attorneys' fees matters 10 related to work before the Three-Judge Panel. Plata Docket 2227. Plaintiffs in the Plata case 11 disputed defendants' legal arguments, but did not contest the imposition of a stay until July 1, 12 2010. Plata Docket 2241. Judge Henderson subsequently granted a temporary stay until July 1, 13 2010. Plata Docket 2255. Pursuant to the parties' stipulation, Judge Henderson recently 14 extended the stay until January 17, 2011. Plata Docket 2321. 15 3. This Court, pursuant to the parties' stipulation, also ordered that all attorneys' fees, 16 costs and expense matters related to the Three-Judge Panel and related appeals be stayed until 17 October 1, 2010. Coleman Docket 3801. 18 4. On June 14, 2010, the U.S. Supreme Court announced that it would hear the Three19 Judge Panel case on the merits. The parties are in the process of briefing the case before the 20 Supreme Court and oral argument is scheduled for November 30, 2010. Accordingly, the parties 21 jointly agree to extend the stay of all attorneys' fees, costs and expense matters related to the 22 Three-Judge Panel and related appeals until January 17, 2011. In so doing, plaintiffs do not 23 waive and will enforce their right to interest in accordance with the provisions set forth in the 24 March 19, 1996 Coleman Periodic Fees order. Defendants do not waive any rights or arguments 25 to object to any and all fees and costs or to appeal any order regarding fees and costs arising out 26 of the Three-Judge Panel proceedings. For the duration of the stay, any and all deadlines relating 27 to motions or claims for attorneys' fees, costs, and expenses contained in the Federal Civil Rules, 28 1
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Stipulation And Order Extending The Temporary Stay Of All Attorneys' Fees, Costs, And Expenses Related To All Work Before The Three-Judge Panel Until January 17, 2011 - Case No. Civ S 90-520 LKK-JFM

1 the Federal Appellate Rules, the U.S. Supreme Court Rules, and/or the Local Rules for the 2 Eastern District of California are stayed. If either party seeks to extend the stay beyond January 3 17, 2011, the party may do so by seeking a subsequent stipulation or by filing a noticed motion 4 before this Court. 5 Dated: October 28, 2010 6 7 8 9 Dated: October 28, 2010 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/Debbie Vorous Debbie Vorous, Deputy Attorney General Attorney for Coleman Defendants

Stipulation And Order Extending The Temporary Stay Of All Attorneys' Fees, Costs, And Expenses Related To All Work Before The Three-Judge Panel Until January 17, 2011 - Case No. Civ S 90-520 LKK-JFM

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ORDER Pursuant to the stipulation of the parties, and good cause appearing, this Court extends the

3 stay of all attorneys' fees, costs and expense matters related to the Three-Judge Panel until 4 January 17, 2011. Plaintiffs have preserved and do not waive their right to claim interest in 5 accordance with the provisions set forth in the March 19, 1996 Coleman Periodic Fees order. 6 Defendants do not waive any rights or arguments to object to any and all fees and costs or to 7 appeal any order regarding fees and costs arising out of the Three-Judge Panel proceedings. For 8 the duration of the stay, any and all deadlines relating to motions or claims for attorneys' fees, 9 costs, and expenses contained in the Federal Civil Rules, the Federal Appellate Rules, the U.S. 10 Supreme Court Rules, and/or the Local Rules for the Eastern District of California do not apply. 11 If either party seeks to extend the stay beyond January 17, 2011, the party may do so by seeking 12 a subsequent stipulation or by filing a noticed motion before this Court. 13 IT IS SO ORDERED. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3
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Dated: November 1, 2010

Stipulation And Order Extending The Temporary Stay Of All Attorneys' Fees, Costs, And Expenses Related To All Work Before The Three-Judge Panel Until January 17, 2011 - Case No. Civ S 90-520 LKK-JFM