Plata et al v. Schwarzenegger et al

Filing 2319

STIPULATION AND ORDER to stay plaintiffs' motion to compel payment. Signed by Judge Thelton E. Henderson on 06/30/10. (rbe, COURT STAFF) (Filed on 6/30/2010)

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Plata et al v. Schwarzenegger et al Doc. 2319 1 P R IS O N LAW OFFICE D O N A L D SPECTER #83925 2 S T E V E N FAMA #99641 ALISON HARDY #135966 3 1 9 1 7 Fifth Street B e rk e le y, CA 94710 4 T e le p h o n e : (510) 280-2621 a h a r d y@ p r i s o n l a w . c o m 5 6 A tto rn e ys for Plaintiffs 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Stipulation and Order Re: Stay of Motion to Compel Plata v. Schwarzenegger, No. C-01-1351 T.E.H. B I N G H A M McCUTCHEN W A R R E N E. GEORGE #53588 Three Embarcadero Center S a n Francisco, CA 94111 T e le p h o n e : (415) 393-2000 F a c sim ile : (415) 393-2286 IN THE UNITED STATES DISTRICT COURT N O R T H E R N DISTRICT OF CALIFORNIA N o . C-01-1351 T.E.H. M A R C IA N O PLATA, et al., P l a i n t if f s , v. A R N O L D SCHWARZENEGGER, et al., D e f e n d a n ts . S T IP U L A T I O N AND [PROPOSED] O R D E R TO STAY PLAINTIFFS' M O T IO N TO COMPEL PAYMENT O F REASONABLE PARALEGAL F E E S FOR WORK PERFORMED D U R IN G 2009 UNTIL THE R E S O L U T I O N OF PEREZ V. CATE A P P E A L NO. 09-17185 Dockets.Justia.com 1 2 3 S T I P U L A T I O N TO STAY PLAINTIFFS' MOTION TO COMPEL PAYMENT OF R E A S O N A B L E PARALEGAL FEES FOR WORK PERFORMED DURING 2009 U N T I L THE RESOLUTION OF PEREZ V. CATE APPEAL NO. 09-17185 P lain tiff s and Defendants STIPULATE as follows: 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 Stipulation and Order Re: Stay of Motion to Compel Plata v. Schwarzenegger, No. C-01-1351 T.E.H. 1. P u r s u a n t to the Plata Periodic Fees Order, "Plaintiffs will file a yearly m o tio n to compel payment of disputed items, if necessary, not later than sixty (60) days a f te r the parties meet and confer with respect to the statement covering the fourth quarter o f each year." December 17, 2002 Stipulation and Order for Periodic Collection of A tto rn e ys ' Fees and Costs (attached as Appendix A). The parties have already stipulated to stay all attorneys' fees, costs and expense matters related to the Three-Judge Panel and re la te d appeals until January 17, 2011. The only remaining, disputed issues from 2009 a re : (1) Defendants' refusal to pay for any work performed by staff who are not " p ara le g a ls " as defined by California Business & Professions Code 6450, and; (2) D ef en d an ts' refusal to pay more than $135 per hour or $82.50 per hour for paralegal work o n the case. 2. P la in tif f s' counsel will file a motion to compel regarding the first issue id e n tif ie d above. By this stipulation, however, the parties agree to extend the briefing and a rg u m e n t schedule for Plaintiffs' motion to compel as follows: Plaintiffs' motion will be d u e by July 30, 2010; Defendants' opposition to the motion will be due by August 31, 2 0 1 0 ; Plaintiffs' reply brief will be due by September 17, 2010, and the hearing date for th e motion will be set for October 4, 2010. 3. W ith respect to the second issue, Defendants' refusal to pay more than $135 p e r hour or $82.50 per hour for paralegal work, the parties agree to stay Plaintiffs' motion o n this issue pending final resolution of Perez, et al. v. Cate, et al., Court of Appeals D o c k e t No. 09-17185, United States Court of Appeals for the Ninth Circuit, including any p e titio n s for panel or en banc rehearing, or final resolution in the United States Supreme C o u rt (hereinafter "Perez appeal"). In so doing, Plaintiffs do not waive and will enforce 2 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 th e ir right to interest in accordance with the provisions set forth in the December 17, 2002 P la ta Fee Order. Nothing in this Stipulation may be deemed a waiver or concession of a n y party's legal arguments regarding this issue. 4. If the requested stay is granted, the parties will meet and confer regarding th e paralegal rate issue within 10 days after the mandate issues in the Perez appeal. If the p a rties are still unable to resolve this issue, Plaintiffs will file a motion to compel within 6 0 days of the completion of the meet and confer. A G R E E D TO BY THE PARTIES: D a te: June 28, 2010 /s/ Alison Hardy Alison Hardy A tto rn e y for Plaintiffs D a te: June 28, 2010` /s/ William Kwong William Kwong D e p u ty Attorney General A tto rn e y for Defendants I, Alison Hardy, attest that William Kwong signed this document on June 28, 2010. Stipulation and Order Re: Stay of Motion to Compel Plata v. Schwarzenegger, No. C-01-1351 T.E.H. 3 1 2 3 [P R O P O S E D ] ORDER STAYING PLAINTIFFS' MOTION TO COMPEL P A Y M E N T OF PARALEGAL RATES UNTIL THE RESOLUTION OF PEREZ V. C A T E APPEAL NO. 09-17185 P u rs u a n t to the stipulation of the parties, and good cause appearing, this Court stays 4 P la in tif f s' motion to compel payment of more than $135 per hour or $82.50 per hour for 5 6 7 8 U n ited States Supreme Court. Plaintiffs have preserved and do not waive their right to 9 c la im interest in accordance with the provisions set forth in the December 17, 2002 Plata 10 11 12 13 P e rio d ic Fees order. The parties shall meet and confer regarding the paralegal rate issue w ith in 10 days after the mandate issues in the Perez appeal. If the parties are still unable to resolve this issue, Plaintiffs shall file a motion to compel within 60 days of the p a ra le g a l work performed during 2009 pending final resolution of Perez, et al. v. Cate, et a l., Court of Appeals Docket No. 09-17185, United States Court of Appeals for the Ninth C irc u it, including any petitions for panel or en banc rehearing or final resolution in the 1 4 co m p letio n of the meet and confer. 15 W ith respect to Plaintiffs' yearly motion to compel payment for work performed by 1 6 s ta f f who are not "paralegals" as defined by California Business & Professions Code 1 7 6 4 5 0 , this Court grants the parties' stipulation setting a briefing schedule. Accordingly, 1 8 P lain tiff s' motion will be due by July 30, 2010; Defendants' opposition to the motion will 1 9 b e due by August 31, 2010; Plaintiffs' reply brief will be due by September 17, 2010, and 2 0 th e hearing date for the motion will be set for October 4, 2010. 21 22 23 24 25 26 27 28 Stipulation and Order Re: Stay of Motion to Compel Plata v. Schwarzenegger, No. C-01-1351 T.E.H. IT IS SO ORDERED. ER N 4 F D IS T IC T O R A C LI FO helton Judge T E. Hend erson R NIA T h e lto n E. Henderson S e n io r United States District Judge UNIT ED 06/30 D a te d : ________, 2010 _________________________________ S S DISTRICT TE C TA RT U O NO RT H

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