Plata et al v. Schwarzenegger et al
Filing
2368
STIPULATION AND ORDER to Extend Stay of All Attorneys' Fees, Costs, and Expenses Related to Work Before the Three Judge Panel and the Supreme Court of the United States. Signed by Judge Thelton E. Henderson on 06/14/2011. (tmi, COURT STAFF) (Filed on 6/14/2011)
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PRISON LAW OFFICE
DONALD SPECTER #83925
STEVEN FAMA #99641
ALISON HARDY #135966
1917 Fifth Street
Berkeley, CA 94710
Telephone: (510) 280-2621
ahardy@prisonlaw.com
BINGHAM McCUTCHEN
WARREN E. GEORGE #53588
Three Embarcadero Center
San Francisco, CA 94111
Telephone: (415) 393-2000
Facsimile: (415) 393-2286
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Attorneys for Plaintiffs
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IN THE UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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MARCIANO PLATA, et al.,
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Plaintiffs,
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v.
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EDMUND G. BROWN, JR. et al,
No. C-01-1351 T.E.H.
Stipulation to Extend Temporary Stay
of All Attorneys’ Fees, Costs and
Expenses Related to Work Before the
Three Judge Panel and the Supreme
Court of the United States and
[Proposed] Order Thereon
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Defendants.
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Stipulation and Order
Plata v. Brown, No. C-01-1351 T.E.H.
Judge: Hon. Thelton E. Henderson
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The Parties to the above-captioned case, through their counsel, stipulate as follows:
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1.
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In the above-captioned case, as well as in Coleman v. Brown, all matters
concerning attorneys' fees, costs and expenses have been stayed pending the decision of
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the Supreme Court of the United States in Case No. 09-1233, Brown v. Plata. See Plata
Docket 2321, 2344; Coleman Docket 3948, 2977.
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On May 23, 2011, United States Supreme Court issued its decision in Brown
v. Plata, ___ U.S. ____, 2011 U.S. LEXIS 4012, affirming the three-judge panel decision.
Accordingly, the parties have met and conferred regarding Plaintiffs' attorneys' fees, costs,
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and expenses for both the three-judge panel proceedings and the proceedings before the
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Supreme Court of the United States. In order to exhaust any possibility of settling these
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matters, or of narrowing the disputes as much as possible, the parties jointly request
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additional time to meet and confer.
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3.
The parties request that the Court extend the stay of all attorneys' fees, costs
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and expense matters related to the Three-Judge Panel and related appeals, including the
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appeal to the Supreme Court of the United States and direct the parties to complete their
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meet and confer process by August 26, 2011, with any motion for fees, costs and expenses
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due 60 days thereafter. In so doing, plaintiffs do not waive and will enforce their right to
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interest in accordance with the provisions set forth in the December 8, 2002 Stipulation
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and Order for Periodic Collection of Attorney’s . Defendants do not waive any rights or
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arguments to object to any and all fees and costs or to appeal any order regarding fees and
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costs arising out of the Three-Judge Panel proceedings. For the duration of the stay, any
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and all deadlines relating to motions or claims for attorneys' fees, costs, and expenses
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contained in the Federal Civil Rules, the Federal Appellate Rules, the U.S. Supreme Court
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Rules, and/or the Local Rules for the Eastern District of California are stayed.
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Stipulation and Order
Plata v. Brown, No. C-01-1351 T.E.H.
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IT IS SO STIPULATED.
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DATED: June 13, 2011
/s/
Alison Hardy
Prison Law Office
Attorneys for Plata Plaintiffs
DATED: June 13, 2011
/s/
Kyle Lewis
Deputy Attorney General
Attorneys for Plata Defendants
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Stipulation and Order
Plata v. Brown, No. C-01-1351 T.E.H.
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[Proposed] ORDER
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Pursuant to the stipulation of the parties, and good cause appearing, this Court
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extends the stay of all attorneys' fees, costs and expense matters related to the Three-Judge
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Panel, and related appeals, including the proceedings before the Supreme Court of the
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United States, until August 26, 2011, with Plaintiffs application for fees, costs and
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expenses due 60 days thereafter. Plaintiffs have preserved and do not waive their right to
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claim interest in accordance with the provisions set forth in the December 18, 2002
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Stipulation and Order for Periodic Collection of Attorney’s Fees and Costs. Defendants do
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not waive any rights or arguments to object to any and all fees and costs or to appeal any
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order regarding fees and costs arising out of the Three-Judge Panel proceedings or related
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appeals. For the duration of the stay, any and all deadlines relating to motions or claims
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for attorneys' fees, costs, and expenses contained in the Federal Civil Rules, the Federal
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Appellate Rules, the U.S. Supreme Court Rules, and/or the Local Rules for the Eastern
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District of California do not apply.
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NO
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________________________
Hon. Thelton E. Henderson
United States DistrictdJudge
son
Hen er
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.
helton E
Judge T
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Stipulation and Order
Plata v. Brown, No. C-01-1351 T.E.H.
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A
H
ER
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FO
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DATED: June ___, 2011
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UNIT
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IT IS SO ORDERED.
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