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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1 2 3 4 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 5 6 Attorneys for Plaintiffs 7 8 9 IN THE UNITED STATES DISTRICT COURT 10 NORTHERN DISTRICT OF CALIFORNIA 11 12 13 MARCIANO PLATA, et al., 14 Plaintiffs, 15 v. 16 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 17 18 Defendants. 19 20 21 22 23 24 25 26 27 28 Stipulation and Order Plata v. Brown, No. C-01-1351 T.E.H. Judge: Hon. Thelton E. Henderson 1 The Parties to the above-captioned case, through their counsel, stipulate as follows: 2 1. 3 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 4 5 6 the Supreme Court of the United States in Case No. 09-1233, Brown v. Plata. See Plata Docket 2321, 2344; Coleman Docket 3948, 2977. 2. 7 8 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, 9 and expenses for both the three-judge panel proceedings and the proceedings before the 10 Supreme Court of the United States. In order to exhaust any possibility of settling these 11 matters, or of narrowing the disputes as much as possible, the parties jointly request 12 additional time to meet and confer. 13 3. The parties request that the Court extend the stay of all attorneys' fees, costs 14 and expense matters related to the Three-Judge Panel and related appeals, including the 15 appeal to the Supreme Court of the United States and direct the parties to complete their 16 meet and confer process by August 26, 2011, with any motion for fees, costs and expenses 17 due 60 days thereafter. In so doing, plaintiffs do not waive and will enforce their right to 18 interest in accordance with the provisions set forth in the December 8, 2002 Stipulation 19 and Order for Periodic Collection of Attorney’s . Defendants do not waive any rights or 20 arguments to object to any and all fees and costs or to appeal any order regarding fees and 21 costs arising out of the Three-Judge Panel proceedings. For the duration of the stay, any 22 and all deadlines relating to motions or claims for attorneys' fees, costs, and expenses 23 contained in the Federal Civil Rules, the Federal Appellate Rules, the U.S. Supreme Court 24 Rules, and/or the Local Rules for the Eastern District of California are stayed. 25 /// 26 /// 27 /// 28 Stipulation and Order Plata v. Brown, No. C-01-1351 T.E.H. 2 1 IT IS SO STIPULATED. 2 3 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 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 Plata v. Brown, No. C-01-1351 T.E.H. 3 [Proposed] ORDER 1 Pursuant to the stipulation of the parties, and good cause appearing, this Court 2 extends the stay of all attorneys' fees, costs and expense matters related to the Three-Judge 3 Panel, and related appeals, including the proceedings before the Supreme Court of the 4 United States, until August 26, 2011, with Plaintiffs application for fees, costs and 5 expenses due 60 days thereafter. Plaintiffs have preserved and do not waive their right to 6 claim interest in accordance with the provisions set forth in the December 18, 2002 7 Stipulation and Order for Periodic Collection of Attorney’s Fees and Costs. Defendants do 8 not waive any rights or arguments to object to any and all fees and costs or to appeal any 9 order regarding fees and costs arising out of the Three-Judge Panel proceedings or related 10 appeals. For the duration of the stay, any and all deadlines relating to motions or claims 11 for attorneys' fees, costs, and expenses contained in the Federal Civil Rules, the Federal 12 Appellate Rules, the U.S. Supreme Court Rules, and/or the Local Rules for the Eastern 13 District of California do not apply. S NO 19 ________________________ Hon. Thelton E. Henderson United States DistrictdJudge son Hen er RT 20 . helton E Judge T 22 23 24 25 26 27 28 Stipulation and Order Plata v. Brown, No. C-01-1351 T.E.H. 4 A H ER 21 FO 14 DATED: June ___, 2011 18 LI 17 UNIT ED IT IS SO ORDERED. 16 RT U O 15 S DISTRICT TE C TA R NIA 14 N F D IS T IC T O R C

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