L.H. et al v. Schwarzenegger et al

Filing 599

ORDER CONFIRMING UNDISPUTED FEES AND COSTS FOR THE THIRD QUARTER OF 2010 signed by Senior Judge Lawrence K. Karlton on 12/01/10 ORDERING that plf's fees and costs of $345,203.64, plus interest, are due and collectable as of forty-five (45) days from the date of entry of this Order. Interest on these fees and costs will run from 11/08/10 accruing at the rate provided by 28 U.S.C. § 1961. (Benson, A.)

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L.H. et al v. Schwarzenegger et al Doc. 599 1 BINGHAM McCUTCHEN LLP GEOFFREY HOLTZ 191370 2 Three Embarcadero Center San Francisco, California 94111-4067 3 Telephone: (415) 393-2000 4 5 PRISON LAW OFFICE 6 DONALD SPECTER 83925 SARA NORMAN 189536 7 1917 Fifth Street Berkeley, California 94710-1916 8 Telephone: (510) 280-2621 Facsimile: (510) 280-2704 ROSEN, BIEN & GALVAN, LLP MICHAEL W. BIEN 096891 GAY CROSTHWAIT GRUNFELD 121944 SHIRLEY HUEY 224114 LESLIE MEHTA 258512 315 Montgomery Street, Tenth Floor San Francisco, California 94104-1823 Telephone: (415) 433-6830 YOUTH LAW CENTER SUSAN L. BURRELL 074204 CAROLE SHAUFFER 100226 CORENE KENDRICK 226642 200 Pine Street, 3rd Floor San Francisco, California 94104 Telephone: (415) 543-3379 9 10 Attorneys for Plaintiffs 11 12 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA Case No. 2:06-CV-02042-LKK-GGH ORDER CONFIRMING UNDISPUTED FEES AND COSTS FOR THE THIRD QUARTER OF 2010 13 L.H., A.Z., D.K., D.R., M.N., and R.C., on behalf of 15 16 17 18 19 20 21 22 23 24 25 26 27 28 v. Plaintiffs, themselves and all other similarly situated juvenile parolees 14 in California, ARNOLD SCHWARZENEGGER, Governor, State of California, MATTHEW CATE, Secretary, California Department of Corrections and Rehabilitation ("CDCR"); SCOTT KERNAN, Undersecretary of Operations, CDCR; BERNARD WARNER, Chief Deputy Secretary of the Division of Juvenile Justice; RACHEL RIOS, Director, Division of Juvenile Parole Operations; MARTIN HOSHINO, Executive Officer of the Board of Parole Hearings ("BPH"); ROBERT DOYLE, Chair of the BPH; SUSAN MELANSON, HENRY AGUILAR, ASKIA ABDULMAJEED, JOSEPH COMPTON, ROBERT CAMERON, JOYCE ARREDONDO, MARY SCHAMER, and TRACEY ST. JULIEN, Commissioners and Board Representatives; CHUCK SUPPLE, Executive Officer of the Juvenile Parole Board; CDCR; DIVISION OF JUVENILE JUSTICE; BOARD OF PAROLE HEARINGS; and the JUVENILE PAROLE BOARD, Defendants.1 The names of Defendants currently serving and their CDCR capacities have been substituted pursuant to Fed. R. Civ. P. 25. [PROPOSED] ORDER CONFIRMING UNDISPUTED FEES AND COSTS FOR Q3 2010 QUARTERLY STATEMENT CASE NO. 2:06-CV-02042-LKK-GGH Dockets.Justia.com 1 [445562-1] 1 In a February 11, 2009 Order, this Court established procedures by which plaintiffs are to 2 collect periodic attorneys' fees and costs in this case in connection with their post-judgment 3 work, including for all fee and expense requests from June 5, 2008 forward. 4 Pursuant to these procedures and agreement between the parties, plaintiffs delivered by 5 hand-delivery their Quarterly Statement for the Third Quarter of 2010 covering the period July 1, 6 2010 September 30, 2010 to defendants on October 7, 2010. Defendants submitted their 7 objections to plaintiffs' statement on November 8, 2010. The parties completed their meet and 8 confer on November 22, 2010, and reached an agreement as to number of hours and costs 9 incurred, but not as to plaintiffs' claim to 2010 hourly rates (the "rates dispute"). Pursuant to the 10 parties' stipulation and this Court's September 29, 2010 Order, the parties will continue to 11 attempt to resolve the rates dispute; any motion regarding plaintiffs' 2010 rates and/or the rates 12 dispute shall be filed no later than January 12, 2011. 13 Subject to resolution of the rates dispute, the parties agree that $345,203.64 of fees and 14 costs incurred during the Third Quarter of 2010 are undisputed. The undisputed fees are 15 calculated based on negotiated hours at the 2008 rates set forth by Judge Karlton in his March 6, 16 2009 order ("Judge Karlton rates"). Attached hereto as Exhibit A is a chart setting forth the 17 balance currently due for the Third Quarter of 2010, which will become due and owing forty-five 18 days from the entry of this Order. Exhibit A also reflects the remaining third quarter disputed 19 fees, $62,667.80, which equal the difference between plaintiffs' 2010 rates and Judge Karlton 20 2008 rates for agreed-upon merits hours. 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// 1 [445562-1] [PROPOSED] ORDER CONFIRMING UNDISPUTED FEES AND COSTS FOR Q3 2010 QUARTERLY STATEMENT CASE NO. 2:06-CV-02042-LKK-GGH 1 IT IS HEREBY ORDERED that plaintiffs' fees and costs of $345,203.64, plus interest, 2 are due and collectable as of forty-five (45) days from the date of entry of this Order. Interest on 3 these fees and costs will run from November 8, 2010 accruing at the rate provided by 28 U.S.C. 4 1961. 5 6 IT IS SO ORDERED. 7 8 Dated: December 1, 2010 9 10 11 APPROVED AS TO FORM: 12 Dated: November 23, 2010 13 14 15 16 17 Dated: November 22, 2010 18 19 20 21 22 23 24 25 26 27 28 2 [445562-1] HANSON BRIDGETT LLP /s/ Samantha Wolff Samantha Wolff Attorneys for Defendants ROSEN, BIEN & GALVAN, LLP /s/ Gay Crosthwait Grunfeld Gay Crosthwait Grunfeld Attorneys for Plaintiffs [PROPOSED] ORDER CONFIRMING UNDISPUTED FEES AND COSTS FOR Q3 2010 QUARTERLY STATEMENT CASE NO. 2:06-CV-02042-LKK-GGH

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