Plata et al v. Schwarzenegger et al

Filing 2350

STIPULATION AND ORDER for Collection of 2008 and 2009 Formerly Disputed Attorneys' Fees. Signed by Judge Thelton E. Henderson on 03/28/2011. (tmi, COURT STAFF) (Filed on 3/28/2011)

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Plata et al v. Schwarzenegger et al Doc. 2350 1 PRISON LAW OFFICE DONALD SPECTER #83925 2 STEVEN FAMA #99641 ALISON HARDY #135966 3 1917 Fifth Street Berkeley, CA 94710 4 Telephone: (510) 280-2621 ahardy@prisonlaw.com 5 6 Attorneys for Plaintiffs 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Defendants. MARCIANO PLATA, et al., Plaintiffs, v. ARNOLD SCHWARZENEGGER, et al., BINGHAM McCUTCHEN WARREN E. GEORGE #53588 Three Embarcadero Center San Francisco, CA 94111 Telephone: (415) 393-2000 Facsimile: (415) 393-2286 IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA No. C-01-1351 T.E.H. STIPULATION AND [PROPOSED] ORDER FOR COLLECTION OF 2008 AND 2009 FORMERLY DISPUTED ATTORNEYS' FEES On June 30, 2010, the parties stipulated that they would meet and confer regarding 21 the hourly rates payable to Plaintiffs' paralegals and litigation assistants, within ten days 22 after the mandate issued in the Perez v. Cate appeal in the Ninth Circuit Court of Appeals 23 (Docket No. 543), which addressed 2008 hourly rates for paralegals. Mandate issued on 24 February 4, 2011, and the parties thereafter extended the deadline to meet and confer. The 25 parties have since met and conferred and hereby stipulate to the following: 26 1. This stipulation applies to past due amounts for work performed by 27 paralegals and litigation assistants during the years 2008 and 2009. During this period, 28 Stipulation and Order Re: Collection of Formerly Disputed Attorneys' Fees Plata v. Schwarzenegger, No. C-01-1351 T.E.H. Dockets.Justia.com 1 defendants compensated plaintiffs at an interim hourly rate of $135 for all work performed 2 by paralegals and litigation assistants during 2008 and the first quarter of 2009, and 3 $82.50 for work performed by those individuals in the succeeding three quarters. 4 2. The parties have reached an agreement that, in light of the Ninth Circuit 5 decision, Defendants will pay the following hourly rates for work performed by paralegals: 6 $169.50 for 2008, and $170 for 2009. The parties further agree that Defendants will pay 7 the difference between these stipulated hourly rates and the interim hourly rate of either 8 $135 or $82.50 already paid during the pendency of this dispute. 9 3. The parties have further agreed that Defendants will pay the following 10 hourly rates for work performed by litigation assistants: $135 for 2008 and $140 for 2009. 11 The parties further agree that Defendants will pay the difference between these stipulated 12 hourly rates and the interim hourly rate of either $135 or $82.50 already paid during the 13 pendency of this dispute. 14 4. Based upon the rates set forth above, for 2008 and 2009, Defendants agree to 15 pay plaintiffs' counsel $55,600. This amount shall be paid within 30 days of the signing 16 of this Order. On the 31 st day following the entry of this Order, interest on any unpaid 17 amount will begin to accrue at the rate provided by 28 U.S.C. 1961 (i.e., the weekly 18 average 1 year constant maturity Treasury yield for the calendar week preceding the date 19 of the Order.) 20 5. Plaintiffs agree to waive their right to interest on the 2008 and 2009 fees' 21 differential from the date of the initial fee request to the present for this settlement. The 22 parties have reached this agreement solely for the purpose of settling the paralegal and 23 litigation assistant rate dispute for 2008 and 2009 in this action. The parties agree that the 24 rates outlined in the stipulation are for settlement purposes only and cannot be introduced 25 by either party in any other litigation regarding the reasonableness of any particular rate 26 for any particular year. 27 // 28 Stipulation and Order Re: Collection of Formerly Disputed Attorneys' Fees Plata v. Schwarzenegger, No. C-01-1351 T.E.H. 2 1 WHEREFORE, defendants agree to pay plaintiffs' counsel $55,600 within 30 days 2 of the signing of this Order. On the 31 st day following the entry of this Order, interest on 3 any unpaid amount will begin to accrue at the rate provided by 28 U.S.C. 1961 (i.e., the 4 weekly average 1 year constant maturity Treasury yield for the calendar week preceding 5 the date of the Order.) 6 AGREED TO BY THE PARTIES: 7 Date: March 15, 2011 8 9 10 Date: March 23, 2011 11 12 13 14 15 I, Alison Hardy, attest that Kyle Lewis signed this document on March 23, 2011. /s/ Kyle A. Lewis Supervising Deputy Attorney General Attorney for Defendants /s/ Alison Hardy Attorney for Plaintiffs 03/28 17 Date: _______________, 2011 18 19 20 21 22 23 24 25 26 27 28 UNIT ED 16 IT IS SO ORDERED. Judg ER N F D IS T IC T O R Stipulation and Order Re: Collection of Formerly Disputed Attorneys' Fees Plata v. Schwarzenegger, No. C-01-1351 T.E.H. 3 A C LI FO n E. He e Thelto nderson R NIA ___________________________ Honorable Thelton E. Henderson United States District Court Judge S S DISTRICT TE C TA RT U O NO RT H

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