Coleman, et al v. Schwarzenegger, et al

Filing 3997

STIPULATION and ORDER signed by Senior Judge Lawrence K. Karlton on 3/31/11 ORDERING that the defendants agree to pay plaintiffs' counsel $258,224.22 w/i 30 days of the signing of this Order. On the 31st day following the entry of this Order, interest on any unpaid amount will begin to accrue at the rate provided by 28 U.S.C. § 1961 (i.e., the weekly average 1 year constant maturity Treasury yield for the calendar week preceding the date of the Order). (Becknal, R)

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

Doc. 3997

1 ROSEN, BIEN & GALVAN, LLP MICHAEL W. BIEN, Bar No. 96891 2 ERNEST GALVAN, Bar No. 196065 JANE E. KAHN, Bar No. 112239 3 LISA ELLS, Bar No. 243657 315 Montgomery Street, 10th Floor 4 San Francisco, California 94104-1823 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, California 94111-5994 Telephone: [phone] THE LEGAL AID SOCIETY ­ 10 EMPLOYMENT LAW CENTER 11 CLAUDIA CENTER, Bar No. 158255 600 Harrison Street, Suite 120 12 San Francisco, California 94107-1389 Telephone: [phone] Attorneys for Plaintiffs 14 15 16 17 18 RALPH COLEMAN, et al., 19 20 21 22 23 24 25 26 27
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PRISON LAW OFFICE DONALD SPECTER, Bar No. 83925 STEVEN FAMA, Bar No. 99641 1917 Fifth Street Berkeley, California 94710-1916 Telephone: [phone]

BINGHAM, MCCUTCHEN, LLP WARREN E. GEORGE, Bar No. 53588 Three Embarcadero Center San Francisco, California 94111-4067 Telephone: [phone]

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

Case No. CIV S 90-520 LKK-JFM STIPULATION RE: OUTSTANDING PARALEGAL AND LITIGATION ASSISTANT RATES DISPUTE FOR 2008 AND 2009

Plaintiffs, v. EDMUND G. BROWN, JR., et al., Defendants.1

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The names of Defendants currently serving and their official capacities have been substituted pursuant to Fed. R. Civ. P. 25.
STIPULATION RE: OUTSTANDING PARALEGAL AND LITIGATION ASSISTANT RATES DISPUTE FOR 2008 AND 2009 ­ No. CIV S 90-520 LKK-JFM Dockets.Justia.com

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On August 30, 2010, the parties stipulated that they would meet and confer regarding the

2 hourly rate for paralegals and certain other litigation assistants within 10 days after the mandate 3 issued in the Perez v. Cate appeal in the U.S. Court of Appeals for the Ninth Circuit. (Docket 4 No. 3906). That mandate issued on February 4, 2011, and the parties thereafter agreed to extend 5 the deadline to meet and confer on this issue through February 22, 2011. The parties thereafter 6 met and conferred and hereby stipulate to the following: 7 1. This stipulation applies to past due amounts for work performed by paralegals and

8 litigation assistants during the years 2008 and 2009. During this period, defendants compensated 9 plaintiffs at an interim hourly rate of $135 for all work performed by paralegals and litigation 10 assistants during 2008 and the first and second quarters of 2009. For the third quarter, 11 defendants compensated plaintiffs at a rate of $82.50 for work performed by paralegals and 12 litigation assistants. For the fourth quarter of 2009, defendants compensated plaintiffs at a rate of 13 $82.50 for work performed by paralegals, and did not compensate plaintiffs at all for work 14 performed by litigation assistants. 15 2. The parties have reached an agreement that, in light of the Ninth Circuit decision,

16 defendants will pay the following hourly rates for work performed by paralegals: $169.50 for 17 2008, and $170 for 2009. The parties further agree that defendants will pay the difference 18 between these stipulated hourly rates and the interim hourly rate of either $135 or $82.50 already 19 paid during the pendency of this dispute. 20 3. The parties have further agreed that defendants will pay the following hourly rates

21 for work performed by litigation assistants: $135 for 2008 and $140 for 2009. The parties 22 further agree that defendants will pay the difference between these stipulated hourly rates and the 23 interim hourly rate of either $135 or $82.50 already paid during the pendency of this dispute, and 24 will pay plaintiffs at an hourly rate of $140 for the fourth quarter of 2009, when they did not 25 compensate plaintiffs at all for litigation assistant time. 26 4. The parties have further agreed that defendants will pay $2,175.82 in accrued

27 interest related to the above-discussed outstanding fees. 28 1
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STIPULATION RE: OUTSTANDING PARALEGAL AND LITIGATION ASSISTANT RATES DISPUTE FOR 2008 AND 2009 ­ No. CIV S 90-520 LKK-JFM

1

5.

Based upon the terms set forth above, for 2008 and 2009, defendants agree to pay

2 plaintiffs' counsel $258,224.22. This amount shall be paid within 30 days of the signing of this 3 Order. On the 31st day following the entry of this Order, interest on any unpaid amount will 4 begin to accrue at the rate provided by 28 U.S.C. § 1961 (i.e., the weekly average 1 year constant 5 maturity Treasury yield for the calendar week preceding the date of the Order). 6 6. The parties have reached this agreement solely for the purpose of settling the

7 paralegal and litigation assistant rate dispute for 2008 and 2009 in this action. The parties agree 8 that the rates outlined in the stipulation are for settlement purposes only and cannot be introduced 9 by either party in any other litigation regarding the reasonableness of any particular rate for any 10 particular year. 11 WHEREFORE, defendants agree to pay plaintiffs' counsel $258,224.22 within 30 days of

12 the signing of this Order. On the 31st day following the entry of this Order, interest on any 13 unpaid amount will begin to accrue at the rate provided by 28 U.S.C. § 1961 (i.e., the weekly 14 average 1 year constant maturity Treasury yield for the calendar week preceding the date of the 15 Order). 16 17 18 Dated: March 30, 2011 19 20 21 22 23 Dated: March 30, 2011 24 25 26 27 28 2
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IT IS SO STIPULATED.

Respectfully submitted, ROSEN, BIEN & GALVAN, LLP By: /s/ Lisa Ells Lisa Ells Attorneys for Coleman Plaintiffs OFFICE OF THE ATTORNEY GENERAL By: /s/ David Brice David Brice, Deputy Attorney General Attorneys for Coleman Defendants

STIPULATION RE: OUTSTANDING PARALEGAL AND LITIGATION ASSISTANT RATES DISPUTE FOR 2008 AND 2009 ­ No. CIV S 90-520 LKK-JFM

1 IT IS SO ORDERED. 2 Dated: March 31, 2011 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3
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STIPULATION RE: OUTSTANDING PARALEGAL AND LITIGATION ASSISTANT RATES DISPUTE FOR 2008 AND 2009 ­ No. CIV S 90-520 LKK-JFM