Foothill Church, et al. v. Rouillard

Filing 145

STIPULATION and ORDER signed by Chief District Judge Kimberly J. Mueller on 5/9/23 ORDERING Defendant Watanabe to pay to Plaintiffs a total of $500,000 in attorneys' fees and costs (including $10,000 for local counsel and $490,000 for counsel Alliance Defending Freedom). (See order for further details) (Kastilahn, A)

Case 2:15-cv-02165-KJM-EFB Document 145 Filed 05/09/23 Page 1 of 4
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ROB BONTA, State Bar No. 202668
Attorney General of California
KARLI EISENBERG, State Bar No. 281923
Supervising Deputy Attorney General
HAYLEY PENAN, State Bar No. 313693
Deputy Attorney General
1300 I Street, Suite 125
P.O. Box 944255
Sacramento, CA 94244-2550
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Defendant Mary Watanabe, in her
official capacity as Director of the California
Department of Managed Health Care

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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FOOTHILL CHURCH, CALVARY
CHAPEL OF CHINO HILLS and
SHEPHERD OF THE HILLS CHURCH,

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v.

2:15-CV-02165-KJM-EFB

STIPULATION AND JOINT REQUEST
FOR COURT ORDER RE: THE
Plaintiffs, PARTIES’ SETTLEMENT OF
PLAINTIFFS’ CLAIM FOR
ATTORNEY’S FEES AND COSTS;
ORDER

MARY WATANABE, in her official
capacity as Director of the California
Department of Managed Health Care,

The Honorable Kimberly J.
Mueller
Defendant. Action Filed: Oct. 23, 2017

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Judge:

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Plaintiffs Foothill Church, Calvary Chapel of Chino Hills, and Shepherd of the Hills

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Church and Defendant Mary Watanabe, in her official capacity as Director of the California

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Department of Managed Health Care, agree and stipulate as follows:

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///

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///

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///

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Stipulation and Joint Request for Court Order re: Parties’ Settlement of Plaintiffs’ Claim for Attorneys’ Fees and
Costs; Order (2:15-CV-02165-KJM-EFB)

Case 2:15-cv-02165-KJM-EFB Document 145 Filed 05/09/23 Page 2 of 4
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BACKGROUND
1.

On February 2, 2023, this Court issued an order, granting Plaintiffs’ request for a

permanent injunction on their Free Exercise Clause claim. ECF No. 138.
2.

On February 3, 2023, this Court entered judgment in accordance with its February 2,

2023 injunction order. ECF No. 139.
3.

Because this case is an action under 42 U.S.C. § 1983, Plaintiffs intend to pursue an

award of attorneys’ fees under 42 U.S.C. § 1988.
4.

Local Rule 293 requires a motion for an award of attorneys’ fees to be filed within 28

days after entry of final judgment.
5.

The Parties stipulated and agreed to extensions for Plaintiffs to file a motion for an

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award of attorneys’ fees, allowing the Parties to continue good faith negotiations. ECF Nos. 140,

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142; see also ECF No. 141.

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6.

On April 6, 2023, the Court endorsed the Parties’ Stipulation Extending Deadline to

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File a Motion for Attorneys’ Fees, ordering a new deadline of June 1, 2023 for the attorneys’ fees

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motion. ECF No. 143.

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THE PARTIES’ REQUEST
Plaintiffs and Defendant Watanabe have reached an agreement regarding attorneys’ fees
and costs and jointly request that the Court enter the following order:
1.

Defendant Watanabe will pay to Plaintiffs a total of $500,000 in attorneys’ fees and

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costs (including $10,000 for local counsel and $490,000 for counsel Alliance Defending

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Freedom).

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2.

This payment will completely satisfy Defendant Watanabe’s obligation to pay

attorneys’ fees and costs in this matter; Plaintiffs will not be entitled to any interest.
3.

This payment is contingent upon certification of availability of funds and the approval

of the Director of the California Department of Finance.
4.

Plaintiffs understand that the submission of the claims bill cannot be made without an

order of this Court regarding the Parties’ agreement for the payment of attorneys’ fees and costs.
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Stipulation and Joint Request for Court Order re: Parties’ Settlement of Plaintiffs’ Claim for Attorneys’ Fees and
Costs; Order (2:15-CV-02165-KJM-EFB)

Case 2:15-cv-02165-KJM-EFB Document 145 Filed 05/09/23 Page 3 of 4
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5.

If Defendant Watanabe fails to pay the agreed-upon sum of $500,000 by June 30,

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2023, Plaintiffs retain the right to pursue an award of attorneys’ fees under 42 U.S.C. § 1988.

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Dated: May 8, 2023

Respectfully submitted,

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ROB BONTA
Attorney General of California

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/s/ Hayley Penan______________
HAYLEY PENAN
Deputy Attorney General
KARLI EISENBERG
Supervising Deputy Attorney General
Attorneys for Defendants California
Department of Managed Health Care, Mary
Watanabe in her official capacity as
Director of the California Department of
Managed Health Care

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Dated: May 8, 2023

ALLIANCE DEFENDING FREEDOM

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By: /s/ Jeremiah Galus (as authorized on May 8, 2023)
JEREMIAH GALUS
Attorneys for Plaintiff Churches

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Stipulation and Joint Request for Court Order re: Parties’ Settlement of Plaintiffs’ Claim for Attorneys’ Fees and
Costs; Order (2:15-CV-02165-KJM-EFB)

Case 2:15-cv-02165-KJM-EFB Document 145 Filed 05/09/23 Page 4 of 4
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ORDER
1.

Defendant Watanabe will pay to Plaintiffs a total of $500,000 in attorneys’ fees and

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costs (including $10,000 for local counsel and $490,000 for counsel Alliance Defending

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Freedom).

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2.

This payment will completely satisfy Defendant Watanabe’s obligation to pay

attorneys’ fees and costs in this matter; Plaintiffs will not be entitled to any interest.
3.

This payment is contingent upon certification of availability of funds and the approval

of the Director of the California Department of Finance.
4.

Plaintiffs understand that the submission of the claims bill cannot be made without an

order of this Court regarding the Parties’ agreement for the payment of attorney’s fees and costs.
5.

If Defendant Watanabe fails to pay the agreed-upon sum of $500,000 by June 30,

2023, Plaintiffs retain the right to pursue an award of attorneys’ fees under 42 U.S.C. § 1988.
IT IS SO ORDERED.
Dated: May 9, 2023.

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Stipulation and Joint Request for Court Order re: Parties’ Settlement of Plaintiffs’ Claim for Attorneys’ Fees and
Costs; Order (2:15-CV-02165-KJM-EFB)