Gilmore, et al v. People of California

Filing 323

ORDER granting extension (tf, COURT STAFF) (Filed on 4/29/2010)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PRISON LAW OFFICE DONALD SPECTER ­ 83925 ALISON HARDY ­ 135966 MEGAN HAGLER ­ 230628 1917 Fifth Street B e rk e le y, California 94710-1916 T e le p h o n e : (510) 280-2621 F a c sim ile : (510) 280-2704 dspecter@prisonlaw.com Attorney for Plaintiffs IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA ROBERT O. GILMORE, et al., ) ) Plaintiffs, ) ) v. ) ) STATE OF CALIFORNIA, et al., ) ) Defendants. ) ) ____________________________________) No. C 66-45878 SI STIPULATION AND [PROPOSED] ORDER TO EXTEND DATE FOR FILING MOTION FOR ATTORNEY'S FEES Local Rules 6-1(b), 6-2 G i l m o r e v. California, No. 66-45878 SI, Stipulated Request 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 THE PARTIES, BY AND THROUGH THEIR COUNSEL, HEREBY STIPULATE AND AGREE AS FOLLOWS: 1. On April 20, 2010, this Court issued its order granting defendants' motion to terminate the injunction and ending this Court's jurisdiction in this matter. 2. Under Local Rule 54-5(a), plaintiffs are required to move for an award of attorney's fees within 14 days of entry of judgment by the District Court, unless otherwise ordered by the Court after a stipulation or motion to enlarge time. 3. L o c a l Rule 54-5(b) requires the plaintiffs to make a good faith effort to m e e t and confer with defendants in an effort to resolve any fee disputes before filing a motion for attorney fees. 4. The parties initiated the meet and confer process on April 21, 2010. Declaration of Alison Hardy in Support of Stipulated Request, ¶¶ 3-5. The parties agree that some fee disputes may be resolved, and that additional time is necessary for the parties to adequately prepare the billing records for the lengthy litigation and to competently meet and confer regarding plaintiffs' fee request. 5. As this Court has granted defendants' motion to terminate, enlarging time to permit the parties to negotiate a possible fee agreement will have no effect on the case itself. 6. The parties jointly seek to extend the date for filing plaintiffs' motion for attorney's fees so that the parties may meet and confer to narrow the scope of, or possibly avoid entirely, plaintiff's motion. Accordingly, the parties jointly request that the time for filing plaintiff's motion be enlarged by 90 days, making it due on July 19, 2010. // // G i l m o r e v. California, No. 66-45878 SI, Stipulated Request 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IT IS SO STIPULATED. Dated: April 23, 2010 By: /s/ Alison Hardy ALISON HARDY Prison Law Office Attorney for Plaintiffs By. /s/ Damon McClain Damon McClain Deputy Attorney General Attorney for Defendants Dated: April 23, 2010 IT IS SO ORDERED. D A T E D :_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ________________________ Hon. SUSAN ILLSTON United States District Court G i l m o r e v. California, No. 66-45878 SI, Stipulated Request

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