Valdivia, et al v. Schwarzenegger, et al

Filing 1725

ORDER signed by Judge Lawrence K. Karlton on 11/16/2011 ORDERING 1724 Pursuant to this agreement, Defendants are ORDERED to pay the principal amounts for the undisputed hours (the difference between the principal amounts at 2008 rates previously paid and the 2011 rates now owing), plus interest; and that the amounts set forth above are due and collectable as of 45 days from the date of entry of this Order.(Reader, L)

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 SHIRLEY HUEY – 224114
ROSEN, BIEN & GALVAN, LLP
10 315 Montgomery Street, Tenth Floor
San Francisco, California 94104-1823
11 Telephone: [phone]
Facsimile: [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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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
ORDER FOR PAYMENT OF
ATTORNEYS’ FEES FOR FIRST
QUARTER, 2011 AND COMITO FEES
AT 2011 RATES

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.

[565168-1]

[PROPOSED] ORDER FOR PAYMENT OF ATTORNEYS’ FEES FOR FIRST QUARTER, 2011 AND COMITO
FEES AT 2011 RATES

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On April 30, 2011, Plaintiffs served their first quarterly statement of the year,

2 together with the statement for fees and costs relating to the Comito litigation, and
3 provided Defendants with their 2011 hourly rates. The parties agreed upon a settlement
4 with respect to hours and costs, but Defendants initially provided payment at 2008 rates.
5 The parties have now agreed upon Plaintiffs’ 2011 rates. Pursuant to this agreement,
6 Defendants are ordered to pay the following principal amounts for the undisputed hours
7 (the difference between the principal amounts at 2008 rates previously paid and the 2011
8 rates now owing), plus interest:
• $82,484.10 in principal for fees incurred during the First Quarter of 2011 for

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monitoring and fee collection activities in this matter, plus interest accrued

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through the date of this order pursuant to the procedure set forth in this

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Court’s February 11, 2009 Order.
• $41,101.00 in principal for fees incurred in the Comito litigation, plus

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interest accrued through the date of this order pursuant to the procedure set

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forth in this Court’s February 11, 2009 Order.
• Attached hereto as Exhibit A is a chart setting forth the fees payable to

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Plaintiffs for the difference between the 2008 and 2011 rates for undisputed

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hours incurred in the First Quarter of 2011 as well as the undisputed hours

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incurred in the Comito litigation. See also Docket No. 1676, Exhibits A and

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B to the Stipulation Confirming Undisputed Attorneys’ Fees and Costs for

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First Quarter, 2011 and All Comito Fees and Costs, setting forth in detail

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fees and costs incurred by Plaintiffs for First Quarter 2011 and in the Comito

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litigation.

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IT IS FURTHER STIPULATED that the amounts set forth above are due and

26 collectable as of forty-five days from the date of entry of this Order. Interest on these fees
27 / / /
28 / / /
[565168-1]

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[PROPOSED] ORDER FOR PAYMENT OF ATTORNEYS’ FEES FOR FIRST QUARTER, 2011 AND COMITO
FEES AT 2011 RATES

1 and costs will continue to run from the dates set forth in the chart attached as Exhibit B
2 hereto, accruing at the rate provided by 28 U.S.C. § 1961.
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IT IS SO STIPULATED.

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5 DATED: November 15, 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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11 DATED: November 15, 2011
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HANSON BRIDGETT, LLP

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By: /s/ Samantha Wolff
Samantha Wolff

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Attorneys for Defendants

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IT IS SO ORDERED.

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19 DATED: November 16, 2011
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[565168-1]

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[PROPOSED] ORDER FOR PAYMENT OF ATTORNEYS’ FEES FOR FIRST QUARTER, 2011 AND COMITO
FEES AT 2011 RATES