Freitag v. CDC, et al

Filing 590

STIPULATION AND ORDER pursuant to Fees Settlement Agreement. Signed by Judge Thelton E. Henderson on 10/07/09. (rbe, COURT STAFF) (Filed on 10/7/2009)

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PAMELA Y. PRICE, ESQ. (SBN. 107713) PRICE AND ASSOCIATES A Professional law Corporation 1611 Telegraph Avenue, Ste. 1450 Oakland, CA 94612 Telephone: [phone] Facsimile: [phone] E-mail: [e-mail] JOHN L. BURRIS, ESQ. (SBN 69888) Law Offices of John L. Burris 7677 Oakport Street, suite 1120 Oakland, CA 94621 Telephone: [phone] Facsimile: [phone] E-mail: [e-mail] Attorneys for Plaintiff

CHARLES STEPHEN RALSTON (SBN 34111) PO Box 713 Twain Harte, CA 95383 Telephone: [phone] Facsimile: [phone] E-mail: [e-mail]

EDMUND G. BROWN, JR. Attorney General of the State of California VINCENT J. SCALLY, JR. (SBN 058223) Supervising Deputy Attorney General KATHRYN ALLEN (SBN 137685) Deputy Attorney General LYN HARLAN (SBN 1714710) Deputy Attorney General 1300 I Street, Suite 125, Sacramento CA 95814 (delivery) P.O. Box 944255, Sacramento CA 94244-2550 (mail) Telephone: [phone] Telefax: 916-324-5567 E-Mail: [e-mail] Attorneys for Defendants UNITED STATES DISTRICT COURT

18 NORTHERN DISTRICT OF CALIFORNIA 19 20 21 22 23 24 25 26 27 28 The parties, by undersigned counsel, submit this Stipulation pursuant to the Settlement Agreement regarding Plaintiff's Motion for Attorneys' Fees filed September 15, 2008. -1Stipulation Pursuant to Fees Settlement Agreement: Freitag v. Ayers: C-03-2278 TEH v. CALIFORNIA DEPARTMENT OF CORRECTIONS, et al., Defendants. STIPULATION PURSUANT TO FEES SETTLEMENT AGREEMENT HON. THELTON E. HENDERSON DEANNA L. FREITAG Plaintiff, CASE NO. C-00-2278 TEH

1. The payment provided for in the Settlement Agreement entered into on or about 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 DATED: October 6, 2009 EDMUND G. BROWN, JR. Attorney General of the State of California /s/ VINCENT J. SCALLY, JR. Supervising Deputy Attorney General KATHRYN ALLEN Deputy Attorney General -2Stipulation Pursuant to Fees Settlement Agreement: Freitag v. Ayers: C-03-2278 TEH /s/ CHARLES STEPHEN RALSTON, Attorney for Plaintiff DEANNA L. FREITAG ______________/s/______________________ PAMELA Y. PRICE, Attorney for Plaintiff DEANNA L. FREITAG ____________/s/____________________________ JOHN L. BURRIS Attorney for Plaintiff DEANNA L. FREITAG DATED: October 6, 2009 Respectfully submitted, PRICE AND ASSOCIATES August 3, 2009, was received by plaintiff's counsel on September 29, 2009. 2. Pursuant to Paragraph 1 of the Settlement Agreement, plaintiff agreed to dismiss the Motion for Attorneys' Fees that was filed on September 15, 2008, that was the subject of the Settlement Agreement. 3. Further, in light of the Order of the Court dated August 12, 2009, the parties agree that the parties' objections to Judge Bernard Zimmerman's Report and Recommendation entered on December 8, 2008, have been resolved. WHEREFORE, the parties stipulate to the dismissal of the September 15, 2008, Motion for Attorneys' fees and to the dismissal of the parties' respective objections to Judge Zimmerman's Report and Recommendation.

LYN HARLAN Deputy Attorney General 1 2 3 4 5 10/07 6 Dated:__________________, 2009 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3Stipulation Pursuant to Fees Settlement Agreement: Freitag v. Ayers: C-03-2278 TEH PURSUANT TO STIPULATION, IT IS SO ORDERED: Attorneys for Defendants CALIFORNIA DEPARTMENT OF CORRECTIONS, et al.

ISTRIC ES D T_ T______________C___________ ___________ TA HON. THELTON E. HENDERSON

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UNITED STATES DISTRICT JUDGE NORTHERN DISTRICT OF CALIFORNIA

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