L.H. et al v. Schwarzenegger et al

Filing 615

ORDER signed by Senior Judge Lawrence K. Karlton on 3/11/2011 ORDERING that Pltfs' fees and costs of $253,579.24, plus interest, are due and collectable as of 45 days from the date of entry of this Order. (Zignago, K.)

L.H. et al v. Schwarzenegger et al

Doc. 615

1 BINGHAM McCUTCHEN LLP
GEOFFREY HOLTZ ­ 191370 2 Three Embarcadero Center San Francisco, California 94111-4067 3 Telephone: [phone]

4 5 6 PRISON LAW OFFICE
DONALD SPECTER ­ 83925 7 SARA NORMAN ­ 189536 1917 Fifth Street 8 Berkeley, California 94710-1916 Telephone: [phone] Facsimile: [phone]

ROSEN, BIEN & GALVAN, LLP MICHAEL W. BIEN ­ 096891 GAY CROSTHWAIT GRUNFELD ­ 121944 SHIRLEY HUEY ­ 224114 LESLIE MEHTA ­ 258512 SUMANA COOPPAN -- 267967 315 Montgomery Street, Tenth Floor San Francisco, California 94104-1823 Telephone: [phone] YOUTH LAW CENTER SUSAN L. BURRELL ­ 074204 CAROLE SHAUFFER ­ 100226 CORENE KENDRICK ­ 226642 200 Pine Street, 3rd Floor San Francisco, California 94104 Telephone: [phone]

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Attorneys for Plaintiffs

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

13 14 themselves and all other similarly situated juvenile parolees 15 16
in California, Plaintiffs, v. MATTHEW CATE, Secretary, California Department of Corrections and Rehabilitation ("CDCR"); SCOTT KERNAN, Undersecretary of Operations, CDCR; RACHEL RIOS, Acting Chief Deputy Secretary of the Division of Juvenile Justice; 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 L.H., A.Z., D.K., D.R., M.N., and R.C., on behalf of Case No. 2:06-CV-02042-LKK-GGH ORDER CONFIRMING UNDISPUTED FEES AND COSTS FOR THE FOURTH QUARTER OF 2010

17 EDMUND G. BROWN, JR., Governor, State of California, 18 19 20 21 22 23 24 25 26 27 28
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 Q4 2010 QUARTERLY STATEMENT CASE NO. 2:06-CV-02042-LKK-GGH Dockets.Justia.com

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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 Fourth Quarter of 2010 covering the period 6 October 1, 2010 ­ December 31, 2010 to defendants on January 14, 2011. Defendants submitted 7 their objections to plaintiffs' statement on February 14, 2011. The parties completed their meet 8 and confer on March 7, 2011, 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 May 12, 2011. 13 Subject to resolution of the rates dispute, the parties agree that $253,579.24 of fees and

14 costs incurred during the Fourth 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 Fourth Quarter of 2010, which will become due and owing forty18 five days from the entry of this Order. Exhibit A also reflects the remaining Fourth Quarter 19 disputed fees, $46,475.00, which equal the difference between plaintiffs' 2010 rates and Judge 20 Karlton 2008 rates for agreed-upon merits hours. 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// 1
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[PROPOSED] ORDER CONFIRMING UNDISPUTED FEES AND COSTS FOR Q4 2010 QUARTERLY STATEMENT CASE NO. 2:06-CV-02042-LKK-GGH

1

IT IS HEREBY ORDERED that plaintiffs' fees and costs of $253,579.24, 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 February 14, 2011 accruing at the rate provided by 28 U.S.C. 4 § 1961. 5 6 IT IS SO ORDERED. 7 8 Dated: March 11, 2011 9 10 11 APPROVED AS TO FORM: 12 Dated: March 8, 2011 13 14 15 16 17 Dated: March 8, 2011 18 19 20 21 22 23 24 25 26 27 28 2
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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 Q4 2010 QUARTERLY STATEMENT CASE NO. 2:06-CV-02042-LKK-GGH