Coleman, et al v. Schwarzenegger, et al

Filing 5321

STIPULATION and ORDER signed by Magistrate Judge Dale A. Drozd on 6/11/15. The parties stipulate and agree that $1,165,426.23 plus interest is due and collectable as of 60 days from the date of entry of this Order. Interest on these fees and costs will run from December 6, 2014 (31 days after Defendants receipt of Plaintiffs statement), accruing at the rate provided by 28 U.S.C. § 1961. (Dillon, M)

1 MICHAEL W. BIEN – 096891
JANE E. KAHN – 112239
2 ERNEST GALVAN – 196065
THOMAS NOLAN – 169692
3 LISA ELLS – 243657
AARON J. FISCHER – 247391
4 MARGOT MENDELSON – 268583
KRISTA STONE-MANISTA – 269083
5 ROSEN BIEN
GALVAN & GRUNFELD LLP
6 315 Montgomery Street, Tenth Floor
San Francisco, California 94104-1823
7 Telephone: [phone]

DONALD SPECTER – 083925
STEVEN FAMA – 099641
PRISON LAW OFFICE
1917 Fifth Street
Berkeley, California 94710-1916
Telephone: [phone]
CLAUDIA CENTER – 158255
AMERICAN CIVIL LIBERTIES UNION
FOUNDATION OF NORTHERN
CALIFORNIA, INC.
39 Drumm Street
San Francisco, California 94111-4805
Telephone: [phone]

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Attorneys for Plaintiffs
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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13 RALPH COLEMAN, et al.,
Plaintiffs,

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Case No. 2:90-CV-00520-KJM-DAD
STIPULATION REGARDING
ATTORNEYS’ FEES AND EXPENSES
ARISING FROM HECKER
LITIGATION

v.

16 EDMUND G. BROWN, JR., et al.,
Judge: Hon. Dale Drozd
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Defendants.

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[2715724-1]

Stipulation Regarding Attorneys’ Fees and Expenses

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On March 2, 2015, the Court entered an Order for Final Approval of Settlement

2 Agreement entered jointly in the above-captioned matter (Docket No. 5284) and in Hecker
3 v. California Department of Corrections and Rehabilitation, No. 05-CV-2441 KJM-DAD
4 (Docket No. 147). The Settlement Agreement requires that the parties resolve any claims
5 for attorneys’ fees and costs arising from the Hecker litigation as part of the periodic fees
6 process in Coleman. (Docket No. 5284-1 at 12 ¶ 30). Pursuant to this provision of the
7 Settlement Agreement, the parties have met and conferred and have resolved all
8 outstanding issues regarding attorneys’ fees and costs incurred in Hecker, No. 05-CV9 2441.
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Plaintiffs were represented by two firms in the Hecker matter, the Legal Aid Society

11 of San Francisco and Rosen Bien Galvan & Grunfeld LLP. Over a period of 12 years, the
12 two firms expended over 6,200 hours on the matter. See Exhibit A, Time and Costs
13 Summaries. At the 2014 market rates applicable to actions under the Americans with
14 Disabilities Act, these hours, after reductions for reasonable billing judgment, and with the
15 addition of expenses, would result in a fees and costs award of approximately $2.5 million.
16 Exhibit A. As part of the settlement, however, Plaintiffs agreed to seek compensation only
17 within the rates cap of the Prison Litigation Reform Act, under which the total amounts to
18 $1.315 million.
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The parties have met and conferred regarding further reductions in the attorneys’

20 fees. The parties have now agreed to resolve all issues regarding the Hecker fees and costs
21 claims via payment by Defendants’ to Plaintiffs’ counsel in the amount of $1,165,426.23,
22 in satisfaction of all claims for attorneys’ fees and costs arising from the Hecker litigation.
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[2715724-1]

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Stipulation Regarding Attorneys’ Fees and Expenses

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THEREFORE, THE PARTIES HEREBY STIPULATE AND AGREE that

2 $1,165,426.23 plus interest is due and collectable as of sixty (60) days from the date of
3 entry of this Order. Interest on these fees and costs will run from December 6, 2014 (31
4 days after Defendants’ receipt of Plaintiffs’ statement), accruing at the rate provided by 28
5 U.S.C. § 1961.
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IT IS SO STIPULATED.

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8 DATED: May 26, 2015

/s/ Elise Owens Thorn as authorized on 5/21/15
Elise Owens Thorn
Deputy Attorney General
Attorneys for Defendants

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12 DATED: May 26, 2015

/s/ Ernest Galvan
Ernest Galvan
ROSEN BIEN GALVAN & GRUNFELD, LLP
Attorneys for Plaintiffs

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IT IS SO ORDERED.

17 Dated: June 11, 2015
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dad1
hecker.90cv0520.finalstipo.fees

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[2715724-1]

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Stipulation Regarding Attorneys’ Fees and Expenses