Valdivia, et al v. Schwarzenegger, et al

Filing 1671

STIPULATION and ORDER 1670 signed by Senior Judge Lawrence K. Karlton on 6/28/11; IT IS CONFIRMED that $20,199.00 plus interest is due and collectable as of 45 days from the date of the entry of this Order.(Matson, R)

1 GEOFFREY THOMAS HOLTZ – 191370
BINGHAM MCCUTCHEN LLP
2 Three Embarcadero Center
San Francisco, California 94111-4067
3 Telephone: [phone]
Facsimile: [phone]
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DONALD SPECTER – 83925
5 PRISON LAW OFFICE
1917 Fifth Street
6 Berkeley, California 94710-1916
Telephone: [phone]
7 Facsimile: [phone]
8 MICHAEL W. BIEN – 96891
ERNEST GALVAN – 196065
9 ROSEN, BIEN & GALVAN, LLP
315 Montgomery Street, Tenth Floor
10 San Francisco, California 94104-1823
Telephone: [phone]
11 Facsimile: [phone]
12 Attorneys for Plaintiffs
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SACRAMENTO DIVISION

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18 JERRY VALDIVIA, et al.,
Plaintiffs,

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v.

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Case No. Civ. S-94-0671 LKK-GGH
STIPULATION AND ORDER
CONFIRMING PAYMENT OF
REMAINING ATTORNEYS’ FEES
FOR 2010

21 EDMUND G. BROWN, JR., et al.,
Defendants.1

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Judge: Hon. Lawrence K. Karlton

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The names of Defendants currently serving and their official capacities have been
substituted pursuant to Fed. R. Civ. P. 25.

[515800-2]

STIPULATION AND [PROPOSED] ORDER CONFIRMING PAYMENT OF REMAINING ATTORNEYS’ FEES
FOR 2010

1

On July 8, 2004, the District Court established procedures by which plaintiffs are to

2 collect periodic attorneys’ fees and costs in this case in connection with their work
3 monitoring defendants’ compliance with the Court’s Orders and collecting fees.
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There were fees remaining in dispute from the first and second quarters of 2010.

5 (See attached Exhibit A.) The parties have agreed to resolve the disputed hours by
6 payment of $20,199.00 at the Plaintiffs’ 2008 hourly rates. Interest on these fees will run
7 from the date this Order is entered, accruing at the rate provided by 28 U.S.C. § 1961.
8 Pursuant to the Stipulation and Order regarding undisputed attorneys’ fees and costs for
9 the First Quarter of 2010, a dispute over plaintiffs’ counsel’s 2010 rates has been held in
10 abeyance. All disputes regarding the First and Second Quarter of 2010 fees and costs,
11 other than the dispute over plaintiffs’ counsel’s 2010 rates, are resolved through this Order.
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The parties also stipulated to hold the fees relating to the motion and appeal on

13 Comito/confrontation rights in abeyance until after the appeal, and subsequent petition for
14 certiorari, were resolved. The petition for certiorari was resolved in the first quarter of
15 2011, and the parties now agree to resolve all remaining fees relating to the Comito
16 motion, appeal and petition for certiorari with the First Quarter 2011 fees.
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[515800-2]

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STIPULATION AND [PROPOSED] ORDER CONFIRMING PAYMENT OF REMAINING ATTORNEYS’ FEES
FOR 2010

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WHEREFORE, IT IS CONFIRMED that $20,199.00 plus interest is due and

2 collectable as of forty-five days from the date of entry of this Order.
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IT IS SO STIPULATED.

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5 DATED: June 27, 2011

Respectfully submitted,

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ROSEN, BIEN & GALVAN, LLP

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By: /s/ Ernest Galvan
Ernest Galvan

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Attorneys for Plaintiffs

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12 DATED: June 27, 2011

HANSON BRIDGETT, LLP

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By: /s/ Renju P. Jacob
Renju P. Jacob

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Attorneys for Defendants

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IT IS SO ORDERED.

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20 DATED: June 28, 2011.
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[515800-2]

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STIPULATION AND [PROPOSED] ORDER CONFIRMING PAYMENT OF REMAINING ATTORNEYS’ FEES
FOR 2010