Dennis v. Kerman et al

Filing 266

STIPULATION and ORDER signed by Magistrate Judge Allison Claire on 1/7/2024 APPROVING the payment of $625.00 to plaintiff's counsel for reasonable attorneys' fees incurred in this matter. (cc: JDP) (Deputy Clerk KLY)

1
2
3
4
5
6

ROB BONTA, State Bar No. 202668
Attorney General of California
NORMAN D. MORRISON, State Bar No. 212090
Supervising Deputy Attorney General
Deputy Attorney General
2550 Mariposa Mall, Room 5090
Fresno, CA 93721-2271
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Defendant Martha Mays, FNP

7
8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10

SACRAMENTO DIVISION

11
12
13

MATTHEW DENNIS,

14

v.

15
16
17

Case No. 2:16-cv-0542 DAD AC P
Plaintiff, JOINT STIPULATION FOR COURT
APPROVAL OF PLAINTIFF’S
ATTORNEYS FEES; PROPOSED
ORDER

RALPH DIAZ, in his official capacity;
MARTHA MAYS; and KHOUNG PHUI,

Judge:
Honorable Dale A. Drozd
Trial Date:
Not Set
Action Filed: 3/14/2016

Defendants.

18

Pursuant to California Penal Code section 2085.8, Plaintiff Matthew Dennis and Defendant

19
20

Martha Mays, FNP, by and through their respective counsel, stipulate to seek the Court’s

21

approval of Plaintiff’s attorney fees, on the following grounds:
1.

22

At the settlement conference held on December 21, 2023, the parties reached a global

23

settlement in the instant case as well as Dennis v. Doser, et al., E.D. Cal. Case No. 1:22-cv-

24

00818. The material terms of the settlement agreement were placed on the record before the

25

Honorable Jeremy D. Peterson, Magistrate Judge. However, the specific attorney fees requested

26

to be paid out of the settlement amount were not placed on the record at the close of the

27

conference.

28

///
1
Joint Stip. For Court Approval of Pl.’s Attorney’s Fees; Proposed Order (2:16-cv-00542 DAD AC)

1

2.

In compliance with Penal Code section 2085.8, subdivision (a), court approval of

2

Plaintiff’s attorney fees is necessary prior to completing the settlement, as the statute requires a

3

reasonableness review by the Court in cases involving prisoners.

4

3.

Plaintiff’s counsel’s requested attorney fees for the settlement of Dennis v. Mays,

5

E.D. Cal. Case No. 2:16-cv-00542 JAM AC is $625.00. The total settlement amount for this case

6

is $2,500.00.

7

4.

Coordination of the settlement documents between the parties took additional time

8

due to several factors, such as meeting-and-conferring with Plaintiff’s counsel regarding the exact

9

amount of fees for each case, discussing and revisiting the language to be used in the settlement

10

agreement to determine whether or not Plaintiff’s outstanding restitution balance would take

11

payment priority over counsel’s fees which would have impacted the settlement terms. Once the

12

settlement language was drafted, it was further scrutinized and revised in light of these

13

discussions. When the settlement language approached finalization, it required review and

14

approval from the California Department of Corrections and Rehabilitation (CDCR) before

15

finalizing the settlement agreement terms.

16

5.

Plaintiff also understands that pursuant to Penal Code section 2085.8, any amounts

17

owed by a prisoner under restitution, fine, or other court orders, including administrative fees,

18

must be collected by the California Department of Corrections and Rehabilitation (CDCR).

19
20

6.

Therefore, the Court’s approval of Plaintiff’s attorney fees is necessary before the

settlement can be finalized.

21

7.

The parties request that the Court review the reasonableness of the proposed attorney

22

fee award in accordance with Penal Code section 2085.8, subdivision (a).

23

///

24

///

25

///

26
27
28
2
Joint Stip. For Court Approval of Pl.’s Attorney’s Fees; Proposed Order (2:16-cv-00542 JAM AC)

1

8.

Once the Court has reviewed and approved the attorney fee award, the final executed

2

settlement agreement will be forwarded to CDCR for further processing pursuant to the material

3

terms of the settlement reached on December 23, 2023.

4

IT IS SO STIPULATED.

5
6

Dated: December 23, 2024

_____________________
NORMAN D. MORRISON IV
Supervising Deputy Attorney General
Attorneys for Defendant Martha Mays, FNP

Dated: November 1, 2024

____________________________________
TAYLOR HOWARD
Attorney for Plaintiff

7
8
9
10
11
12

(PROPOSED) ORDER

13
14
15
16
17

Good cause appearing, the Court approves the payment of $625.00 to Plaintiff’s counsel
for reasonable attorneys’ fees incurred in the above matter.
Date: January 7, 2024

18
19
20
21
22
23
24
25
26
27
28
3
Joint Stip. For Court Approval of Pl.’s Attorney’s Fees; Proposed Order (2:16-cv-00542 JAM AC)