Valdivia, et al v. Schwarzenegger, et al

Filing 1736

STIPULATION and ORDER signed by Judge Lawrence K. Karlton on 1/10/2012, Confirming undisputed attorneys' fees and costs for third quarter 2011. WHEREFORE, IT IS CONFIRMED 1734 that $593,156.74 plus interest accruing at the rate provided by 28:1961 is due and collectable as of forty-five days from the date of entry of this Order. 1087 (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
STIPULATION AND ORDER
CONFIRMING UNDISPUTED
ATTORNEYS’ FEES AND COSTS
FOR THIRD QUARTER, 2011

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.

[580821-1]

STIPULATION AND [PROPOSED] ORDER CONFIRMING UNDISPUTED ATTORNEYS’ FEES AND COSTS
FOR THIRD QUARTER, 2011

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On July 8, 2004, this Court established procedures by which plaintiffs are to collect

2 periodic attorneys’ fees and costs in this case in connection with their work monitoring
3 defendants’ compliance with the Court’s Orders and collecting fees.
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Pursuant to these procedures, plaintiffs sent their Quarterly Statement for the Third

5 Quarter of 2011, covering the period of July 1, 2011 – September 30, 2011 to defendants
6 via overnight Federal Express on October 27, 2011. Defendants submitted their objections
7 to plaintiffs’ statement on December 6, 2011. The parties completed their meet and confer
8 on December 19, 2011, and reached an agreement as to most of the hours and all of the
9 costs incurred in this quarter.
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Pursuant to the July 8, 2004 Order, ¶ 4, the parties will defer and hold in abeyance

11 the dispute over the remaining hours that are not settled through this Stipulation (a total of
12 $91,797 in fees that Defendants have objected to as related to the pending Proposition 9
13 motions) until they are settled or a yearly motion to compel payment is brought following
14 the meet and confer covering the fourth quarter of 2011.
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[580821-1]

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STIPULATION AND [PROPOSED] ORDER CONFIRMING UNDISPUTED ATTORNEYS’ FEES AND COSTS
FOR THIRD QUARTER, 2011

1

The parties agree that $593,156.74 of fees and costs incurred during the Third

2 Quarter of 2011 are undisputed. (A summary of the fees and costs, reflecting the fees at
3 2011 rates, is attached hereto as Exhibit A.) WHEREFORE, IT IS CONFIRMED that
4 $593,156.74 plus interest accruing at the rate provided by 28 U.S.C. § 1961 is due and
5 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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8 DATED: January 3, 2012

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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14 DATED: January 3, 2012

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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Dated: January 10, 2012

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[580821-1]

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STIPULATION AND [PROPOSED] ORDER CONFIRMING UNDISPUTED ATTORNEYS’ FEES AND COSTS
FOR THIRD QUARTER, 2011