Plata et al v. Schwarzenegger et al

Filing 2405

STIPULATION AND ORDER for Collection of Undisputed Attorney' Fees and Costs for 2010. Signed by Judge Thelton E. Henderson on 10/11/2011. (tmi, COURT STAFF) (Filed on 10/11/2011)

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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 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 No. C-01-1351 T.E.H. STIPULATION AND ORDER FOR COLLECTION OF UNDISPUTED ATTORNEYS' FEES AND COSTS FOR 2010 ARNOLD SCHWARZENEGGER, et al., 17 18 19 Defendants. On December 17, 2002, this Court established a procedure by which plaintiffs are 20 to collect attorneys' fees and costs incurred in connection with the Stipulation for 21 Injunctive Relief. This procedure requires plaintiffs' counsel to submit to defendants a 22 quarterly statement of fees incurred in monitoring work, and permits defendants thirty (30) 23 days from the receipt of plaintiffs' statement to notify plaintiffs of any disputed items. 24 After the parties meet and confer on any of defendant's objections, counsel shall then 25 prepare a stipulated order for payment of the fees not subject to defendants’ objections. 26 The Order also states that defendants shall have thirty (30) days from the entry of the order 27 to pay the undisputed fees and that interest on any undisputed fees will run from the thirty- 28 Stipulation and Order Re: Collection of 2010 Fees Plata v. Schwarzenegger, No. C-01-1351 T.E.H. 1 first day after the Order is filed, accruing at the rate provided by 28 U.S.C. § 1961. 2 Pursuant to this procedure, plaintiffs' counsel served their fourth quarter billing 3 statement for the period October 1, 2010 through December 31, 2010 on March 31, 2010. 4 Following a meet and confer, the parties agreed to payment of $221,315 in undisputed fees 5 for the fourth quarter. The attorney market rates referenced in this proposed revision are 6 those contained in Plaintiff's adjusted 2010 billing spreadsheets, and those rates will be for 7 the purposes of calendar year 2010 billings in this matter only. 8 Additionally, the parties had disputed the hourly rate due for the services of 9 litigation assistants during the first through the third quarters of 2010. Following a 10 subsequent meet and confer, however, the parties agreed that defendants would pay an 11 additional $154,232, based on the hourly rate for litigation assistants of $180. 12 WHEREFORE, defendants agree to pay plaintiffs’ counsel $375,547 within 30 13 days of the signing of this Order. On the 31st day following the entry of this Order, interest 14 on any unpaid amount will begin to accrue at the rate provided by 28 U.S.C. § 1961 (i.e., 15 the weekly average 1 year constant maturity Treasury yield for the calendar week 16 preceding the date of the Order.) 17 AGREED TO BY THE PARTIES: 18 Date: September 21, 2011 /s/ Alison Hardy Attorney for Plaintiffs 19 20 21 Date: September 21, 2011 /s/ Kyle A. Lewis Supervising Deputy Attorney General Attorney for Defendants 22 23 24 25 I, Alison Hardy, attest that Kyle Lewis signed this document on September 21, 2011. 26 27 28 Stipulation and Order Re: Collection of 2010 Fees Plata v. Schwarzenegger, No. C-01-1351 T.E.H. 2 S UNIT ED IT IS SO ORDERED. 10/11 Date: _______________, 2011 NO 5 . Hend helton E Judge T RT 4 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: Collection of 2010 Fees Plata v. Schwarzenegger, No. C-01-1351 T.E.H. 3 A H ER FO 3 R NIA ___________________________ Honorable Thelton E. Henderson United States District CourtnJudge erso LI 2 RT U O 1 S DISTRICT TE C TA N F D IS T IC T O R C

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