Italian Colors Restaurant, et al. v. Harris

Filing 77

STIPULATION and ORDER re payment of Attorney's Fees, Expenses and costs signed by District Judge Morrison C. England, Jr on 2/4/19. Defendant will pay Plaintiffs the total settlement amount of $293,000 (the "Payment") In the event that Defendant has not made the Payment by 10/1/19, Plaintiffs may seek costs, fees, and interest by noticed Motion. The time for Plaintiffs to file such a Motion for costs and fees is extended until 11/1/19.(Mena-Sanchez, L)

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Deepak Gupta
Gupta Wessler PLLC
1900 L Street NW, Suite 312
Washington, DC 20036
[phone]
[e-mail]
Counsel for Plaintiffs

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IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA

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ITALIAN COLORS RESTAURANT,
ALAN CARLSON, STONECREST
GAS & WASH, SALAM RAZUKI,
LAURELWOOD CLEANERS, LLC,
JONATHAN EBRAHIMIAN,
LEON’S TRANSMISSION SERVICE,
INC., VINCENT ARCHER, FAMILY
LIFE CORPORATION d/b/a
FAMILY GRAPHICS, TOSHIO
CHINO,

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STIPULATION AND ORDER
REGARDING PAYMENT OF
ATTORNEYS’ FEES, EXPENSES,
AND COSTS

Plaintiffs,

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Case No.: 2:14-cv-00604-MCE-DAD

v.
XAVIER BECERRA, in his official
capacity as Attorney General of the State
of California,
Defendant.

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This stipulation is by and between (1) all Plaintiffs in this action and their counsel

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including Gupta Wessler PLLC, Friedman Law Group LLP and Markun Zusman

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Freniere Compton LLP, and (2) the Defendant, Xavier Becerra in his official capacity

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as Attorney General of the State of California. Plaintiffs and the Defendant have

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reached an agreement regarding costs and fees and jointly request that the Court enter
the attached order.
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Case No.: 2:14-cv-00604

STIPULATION AND ORDER RE: ATTORNEYS’ FEES, EXPENSES AND COSTS

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A.

Background Recitals.

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The purpose of this agreement is to settle all claims against Defendant for

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attorneys' fees and costs incurred by Plaintiffs during the litigation and appeal of the

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above-captioned matter. The parties agree that as “prevailing part[ies],” within the

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meaning of 42 U.S.C. § 1988(b), Plaintiffs are entitled to reasonable attorney fees in

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addition to the taxable costs of suit under Federal Rule of Civil Procedure 54.

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The parties wish to avoid the uncertainty, time and expense of litigating the

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amount of attorney’s fees and costs to which Plaintiffs are entitled. Towards those ends,

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the parties have conferred and negotiated the terms of this agreement. The parties enter

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this agreement with the benefit of counsel and aver that it was the result of an arms'

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length negotiation and that it is fair and reasonable.

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B.

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Plaintiffs and Defendant therefore jointly request that the Court enter the

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The Parties’ Request.

following order:
1.

Defendant will pay Plaintiffs the total settlement amount of $293,000 (the

“Payment”).
2.

Defendant will use good faith efforts to make the Payment as expeditiously

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as possible. As required by state law, this payment is contingent upon certification of

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availability of funds, the approval of the Director of the Department of Finance, and/or

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the enactment by the Legislature and Governor of a “claims bill” that includes the

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agreed-upon amount.

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Case No.: 2:14-cv-00604

STIPULATION AND ORDER RE: ATTORNEYS’ FEES, EXPENSES AND COSTS

In the event that Defendant has not made the Payment by October 1, 2019,

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Plaintiffs retain the right to seek costs, fees, and interest by noticed motion. The time

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for Plaintiffs to file such a motion for costs and fees is extended until November 1,

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2019.

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3.

Plaintiffs authorize Defendant to make the Payment to Plaintiffs’ counsel

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in accordance with reasonable payment instructions, which Plaintiffs’ counsel shall

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provide to counsel for Defendant by email.

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4.

Plaintiffs agree and affirm that the Payment amount set forth above is in

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full consideration of any and all claims for attorney’s fees, costs of suit under Rule 54,

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appellate costs, interest on fees and costs, or any other claims for costs or fees associated

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with this action.
5.

Effective upon receipt of the Payment, Plaintiffs release Defendant from

any further claims or liability for fees and costs related to this action or any related action.

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STIPULATED AND AGREED, January 30, 2019:
/s/ Deepak Gupta (as authorized on January /s/ John W. Killeen
30, 2019)
Xavier Becerra
Deepak Gupta
Attorney General of California
Gupta Wessler PLLC
John Killeen
1900 L Street NW, Suite 312
Deputy Attorney General
Washington, DC 20036
Anthony R. Hakl
[phone]
Deputy Attorney General
[e-mail]
1300 I Street, Suite 125
P.O. Box 944255
Sacramento, CA 94244-2550
Gary Friedman, Esquire
[phone]
Friedman Law Group LLP
[e-mail]
154 Grand Street
5th Floor
Counsel for Defendant
New York, NY 10013
[phone]
[e-mail]

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Case No.: 2:14-cv-00604

STIPULATION AND ORDER RE: ATTORNEYS’ FEES, EXPENSES AND COSTS

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Edward S. Zusman (SBN 154366)
Kevin K. Eng (SBN 209036)
MARKUN ZUSMAN FRENIERE
COMPTON LLP
465 California Street, Suite 500
San Francisco, CA 94104
Telephone: [phone]
Facsimile: [phone]
Counsel for Plaintiffs

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Case No.: 2:14-cv-00604

STIPULATION AND ORDER RE: ATTORNEYS’ FEES, EXPENSES AND COSTS

ORDER

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Pursuant to the parties’ stipulation (ECF No. 76) and for good cause, the Court
hereby ORDERS as follows:

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1. Defendant will pay Plaintiffs the total settlement amount of $293,000 (the
“Payment”).

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2. Defendant will use good faith efforts to make the Payment as expeditiously as
possible. This payment is contingent upon certification of availability of funds, the
approval of the Director of the Department of Finance, and/or the enactment by the
Legislature and Governor of a “claims bill” that includes the agreed-upon amount. In the
event that Defendant has not made the Payment by October 1, 2019, Plaintiffs may
seek costs, fees, and interest by noticed motion. The time for Plaintiffs to file such a
motion for costs and fees is extended until November 1, 2019.

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3. Defendant will make the Payment to Plaintiffs’ counsel in accordance with
reasonable payment instructions, which Plaintiffs’ counsel shall provide to counsel for
Defendant by email.

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4. The Payment amount set forth above is in full consideration of any and all
claims for attorney’s fees, costs of suit under Rule 54, appellate costs, interest on fees
and costs, or any other claims for costs or fees associated with this action.

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5. Effective upon receipt of the Payment, Plaintiffs will release Defendant from
any further claims or liability for fees and costs related to this action or any related
action.
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Case No.: 2:14-cv-00604

STIPULATION AND ORDER RE: ATTORNEYS’ FEES, EXPENSES AND COSTS

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6. Every sixty (60) days after the date this Order is electronically filed, the parties

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shall submit in writing a joint status report advising the Court of the status of the

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Payment.

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IT IS SO ORDERED.
Dated: February 4, 2019

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Case No.: 2:14-cv-00604

STIPULATION AND ORDER RE: ATTORNEYS’ FEES, EXPENSES AND COSTS

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CERTIFICATE OF SERVICE

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Case Name:

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Italian Colors Restaurant v.
Kamala D. Harris

No.

2:14-cv-00604-MCE-DAD

I hereby certify that on January 30, 2019, I electronically filed the following documents with the
Clerk of the Court by using the CM/ECF system:

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STIPULATION AND [PROPOSED] ORDER REGARDING PAYMENT OF
ATTORNEYS’ FEES, EXPENSES AND COSTS

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I certify that all participants in the case are registered CM/ECF users and that service will be
accomplished by the CM/ECF system.

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I declare under penalty of perjury under the laws of the State of California the foregoing is true
and correct and that this declaration was executed on January 30, 2019, at Sacramento, California.

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Tracie L. Campbell
Declarant

/s/ Tracie Campbell
Signature

SA2014115143
13426140.docx

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Case No.: 2:14-cv-00604

STIPULATION AND ORDER RE: ATTORNEYS’ FEES, EXPENSES AND COSTS