Coleman, et al v. Schwarzenegger, et al
Filing
4023
ORDER signed by Senior Judge Lawrence K. Karlton on 6/15/2011 ORDERING that the Court extends the stay of all attorneys' fees, costs and expense matters related to the Three-Judge Panel, and related appeals, including the proceedings before the Supreme Court of the United States, until 8/26/2011, with pltfs application for fees, costs and expenses due 60 days thereafter; pltfs have preserved and do not waive their right to claim interest in accordance with the provisions set forth in the 3/ 19/1996 Coleman Periodic Fees order 673 ; dfts do not waive any rights or arguments to object to any and all fees and costs or to appeal any order regarding fees and costs arising out of the Three-Judge Panel proceedings or related appeals. For the duration of the stay, any and all deadlines relating to motions or claims for attys' fees, costs, and expenses contained in the FRAP Rules, the U.S. Supreme Court Rules, and/or the Local Rules for the EDCA do not apply.(Reader, L)(Reader, L)
1 MICHAEL W. BIEN – 096891
ERNEST GALVAN – 196065
2 LISA ELLS – 243657
ROSEN, BIEN & GALVAN, LLP
3 315 Montgomery Street, Tenth Floor
San Francisco, California 94104-1823
4 Telephone: (415) 433-6830
DONALD SPECTER – 083925
STEVEN FAMA – 099641
PRISON LAW OFFICE
1917 Fifth Street
Berkeley, California 94710-1916
Telephone: (510) 280-2621
5 JEFFREY L. BORNSTEIN – 099358
EDWARD P. SANGSTER – 121041
6 RAYMOND E. LOUGHREY – 194363
K&L GATES LLP
7 4 Embarcadero Center, Suite 1200
San Francisco, California 94111-5994
8 Telephone: (415) 882-8200
WARREN E. GEORGE – 053588
BINGHAM MCCUTCHEN LLP
Three Embarcadero Center
San Francisco, California 94111-4067
Telephone: (415) 393-2000
9 CLAUDIA CENTER – 158255
THE LEGAL AID SOCIETY –
10 EMPLOYMENT LAW CENTER
600 Harrison Street, Suite 120
11 San Francisco, California 94107-1389
Telephone: (415) 864-8848
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13 Attorneys for Plaintiffs
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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18 RALPH COLEMAN, et al.,
Plaintiffs,
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v.
21 EDMUND G. BROWN, JR., et al.,
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Defendants.
Case No. Civ S 90-0520 LKK_JFM
Stipulation and Order to Extend
Temporary Stay of All Attorneys’ Fees,
Costs, and Expenses Related to Work
Before the Three-Judge Panel and the
Supreme Court of the United States and
Order Thereon
Judge: Hon. Lawrence K. Karlton
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[511314-1]
Stipulation and Order
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The Parties to the above-captioned case, through their counsel, stipulate as follows:
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1.
In the above-captioned case, as well as in Plata v. Schwarzenegger, all
8 matters concerning attorneys’ fees, costs and expenses have been stayed pending the
9 decision of the Supreme Court of the United States in Case No. 09-1233, Brown v. Plata.
10 See Plata Docket 2321, 2344; Coleman Docket 3948, 2977.
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On May 23, 2011, United States Supreme Court issued its decision in Brown
12 v. Plata [and Coleman], ___ U.S. ____, 2011 U.S. LEXIS 4012, affirming the three-judge
13 panel decision. Accordingly, the parties have met and conferred regarding Plaintiffs’
14 attorneys’ fees, costs, and expenses for both the three-judge panel proceedings and the
15 proceedings before the Supreme Court of the United States. In order to exhaust any
16 possibility of settling these matters, or of narrowing the disputes as much as possible, the
17 parties jointly request additional time to meet and confer.
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The parties request that the Court extend the stay of all attorneys’ fees, costs
19 and expense matters related to the Three-Judge Panel and related appeals, including the
20 appeal to the Supreme Court of the United States and direct the parties to complete their
21 meet and confer process by August 26, 2011, with any motion for fees, costs and expenses
22 due 60 days thereafter. In so doing, plaintiffs do not waive and will enforce their right to
23 interest in accordance with the provisions set forth in the March 19, 1996 Coleman
24 Periodic Fees order. Defendants do not waive any rights or arguments to object to any and
25 all fees and costs or to appeal any order regarding fees and costs arising out of the Three26 Judge Panel proceedings. For the duration of the stay, any and all deadlines relating to
27 motions or claims for attorneys’ fees, costs, and expenses contained in the Federal Civil
28 Rules, the Federal Appellate Rules, the U.S. Supreme Court Rules, and/or the Local Rules
[511314-1]
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Stipulation and Order
1 for the Eastern District of California are stayed.
2 IT IS SO STIPULATED.
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DATED: June 10, 2011
/s/ David Brice
David Brice
Deputy Attorney General
Attorneys for Coleman Defendants
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7 DATED: June 10, 2011
/s/ Ernest Galvan
Ernest Galvan
Rosen, Bien & Galvan, LLP
Attorneys for Plaintiffs
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Stipulation and Order
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ORDER
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Pursuant to the stipulation of the parties, and good cause appearing, this Court
3 extends the stay of all attorneys’ fees, costs and expense matters related to the Three-Judge
4 Panel, and related appeals, including the proceedings before the Supreme Court of the
5 United States, until August 26, 2011, with Plaintiffs application for fees, costs and
6 expenses due 60 days thereafter. Plaintiffs have preserved and do not waive their right to
7 claim interest in accordance with the provisions set forth in the March 19, 1996 Coleman
8 Periodic Fees order. Defendants do not waive any rights or arguments to object to any and
9 all fees and costs or to appeal any order regarding fees and costs arising out of the Three10 Judge Panel proceedings or related appeals. For the duration of the stay, any and all
11 deadlines relating to motions or claims for attorneys’ fees, costs, and expenses contained in
12 the Federal Civil Rules, the Federal Appellate Rules, the U.S. Supreme Court Rules, and/or
13 the Local Rules for the Eastern District of California do not apply.
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IT IS SO ORDERED.
16 DATED: June 15, 2011
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[511314-1]
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Stipulation and Order
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