Plata et al v. Schwarzenegger et al

Filing 2331

STIPULATION AND ORDER to pay plaintiffs' interim fees and to stay motion to compel payment of reasonable fees. Signed by Judge Thelton E. Henderson on 08/31/10. (rbe, COURT STAFF) (Filed on 9/1/2010)

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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 M A R C IA N O PLATA, et al., 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 D e f e n d a n ts . P l a i n t if f s , v. A R N O L D SCHWARZENEGGER, et al., 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. S T IP U L A T I O N AND [PROPOSED] O R D E R TO PAY PLAINTIFFS I N T E R I M FEES AND TO STAY P L A IN T I F F S ' MOTION TO C O M P E L PAYMENT O F REASONABLE FEES FOR W O R K PERFORMED BY NONPARALEGALS DURING 2009 U N T I L THE RESOLUTION OF PEREZ V. CATE APPEAL NO. 0917185 Stipulation and Order Re: Payment of Interim Fees and Stay of Motion to Compel Plata v. Schwarzenegger, No. C-01-1351 T.E.H. 1 2 3 4 5 6 7 8 S TIP U LA TION TO PAY PLAINTIFFS INTERIM FEES AND TO STAY P L AIN TIF F S ' MOTION TO COMPEL PAYMENT OF FEES FOR WORK PER FO RM ED BY NONPARALEGAL LITIGATION ASSISTANTS DURING 2009 UN TIL THE RESOLUTION OF PEREZ V. CATE APPEAL NO. 09-17185 Plaintiffs and Defendants STIPULATE as follows: 1. Pursuant to the Plata Periodic Fees Order, "Plaintiffs will file a yearly motion to compel payment of disputed items, if necessary, not later than sixty (60) days after the parties meet and confer with respect to the statement covering the fourth quarter of each year." December 17, 2002 Stipulation and Order for Periodic Collection of Attorneys' Fees and 9 Costs (attached as Appendix A). The parties have already stipulated to stay all attorneys' fees, 10 11 12 costs and expense matters related to the Three-Judge Panel and related appeals until January 17, 2011. The only fee issue remaining in dispute for 2009, other than the Three-Judge Panel 1 3 fees, is the rate or rates defendants must pay plaintiffs for work performed by paralegals and 1 4 by nonparalegal litigation assistants. 15 2. On June 28, 2010, the parties agreed to stay Plaintiffs' motion to compel 1 6 regarding the rate to be paid paralegals pending final resolution of Perez, et al. v. Cate, et al., 1 7 Court of Appeals Docket No. 09-17185, United States Court of Appeals for the Ninth Circuit, 18 19 20 that plaintiffs would move to compel based on defendants' refusal to pay any fees for work 21 22 23 24 performed by nonparalegal litigation assistants. Id. 3. Plaintiffs now withdraw their motion to compel payment for work performed by including any petitions for panel or en banc rehearing, or final resolution in the United States Supreme Court (hereinafter "Perez appeal"). Docket No. 2319. The parties agreed, however, nonparalegal litigation assistants (Docket No. 526), as defendants agree to pay these fees, at a 2 5 reduced rate. The parties agree to stay Plaintiffs' motion regarding the final rate to be paid 2 6 nonparalegal litigation assistants pending final resolution of the Perez appeal, including any 2 7 petitions for panel or en banc rehearing, or final resolution in the United States Supreme 2 8 C o u rt . Stipulation and Order Re: Payment of Interim Fees and Stay of Motion to Compel Plata v. Schwarzenegger, No. C-01-1351 T.E.H. 2 1 4. In the interim, defendants agree to pay nonparalegal litigation assistant fees at 2 the hourly rate of $82.50. For 2009, defendants will pay plaintiffs, within 30 days of the 3 4 5 will enforce their right to interest in accordance with the provisions set forth in the December 6 7 8 9 17, 2002 Periodic Fees order. Nothing in this Stipulation may be deemed a waiver or concession of any party's legal arguments regarding this issue. 5. If the Ninth Circuit rules in the Perez appeal that the Prison Litigation Reform passage of the California state budget for 2010/2011, $72,839 for 882.9 hours of hours that defendants had previously refused to compensate. In so doing, Plaintiffs do not waive and 1 0 Act governs paralegal fees, then the PLRA also governs nonparalegal litigation assistant fees. 11 6. If the requested stay is granted, the parties will meet and confer regarding 1 2 the nonparalegal rate issue, as well as the paralegal rate issue, within 10 days after the 1 3 mandate issues in the Perez appeal. If the parties are still unable to resolve this issue, Plaintiffs 1 4 will re-file a motion to compel within 60 days of the completion of the meet and confer. 15 16 17 18 19 20 21 22 I, Alison Hardy, attest that Samantha Wolff signed this document on August 30, 2009. S DISTRICT TE C IT IS SO ORDERED. TA 24 08/31/10 2 5 Dated: ____________________ Thelton E. Henderson 26 Senior United States District Judge 23 Date: August 30, 2010 IT IS SO STIPULATED. Date: August 27, 2010 /s/ Alison Hardy Prison Law Office Attorney for Plaintiffs /s/ Samantha Wolff Hanson Bridgett Attorney for Defendants RT U O UNIT ED S 27 28 3 ER N F D IS T IC T O R A C LI FO .H helton E Judge T n enderso R NIA NO RT H APPENDIX A

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