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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PRISON LAW OFFICE
DONALD SPECTER #83925
STEVEN FAMA #99641
ALISON HARDY #135966
1917 Fifth Street
Berkeley, CA 94710
Telephone: [phone]
[e-mail]

BINGHAM McCUTCHEN
WARREN E. GEORGE #53588
Three Embarcadero Center
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]

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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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No. C-01-1351 T.E.H.
STIPULATION AND ORDER FOR
COLLECTION OF UNDISPUTED
ATTORNEYS' FEES AND COSTS
FOR 2010

ARNOLD SCHWARZENEGGER, et al.,

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Defendants.
On December 17, 2002, this Court established a procedure by which plaintiffs are

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to collect attorneys' fees and costs incurred in connection with the Stipulation for

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Injunctive Relief. This procedure requires plaintiffs' counsel to submit to defendants a

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quarterly statement of fees incurred in monitoring work, and permits defendants thirty (30)

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days from the receipt of plaintiffs' statement to notify plaintiffs of any disputed items.

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After the parties meet and confer on any of defendant's objections, counsel shall then

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prepare a stipulated order for payment of the fees not subject to defendants’ objections.

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The Order also states that defendants shall have thirty (30) days from the entry of the order

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to pay the undisputed fees and that interest on any undisputed fees will run from the thirty-

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Stipulation and Order Re: Collection of 2010 Fees
Plata v. Schwarzenegger, No. C-01-1351 T.E.H.

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first day after the Order is filed, accruing at the rate provided by 28 U.S.C. § 1961.

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Pursuant to this procedure, plaintiffs' counsel served their fourth quarter billing

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statement for the period October 1, 2010 through December 31, 2010 on March 31, 2010.

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Following a meet and confer, the parties agreed to payment of $221,315 in undisputed fees

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for the fourth quarter. The attorney market rates referenced in this proposed revision are

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those contained in Plaintiff's adjusted 2010 billing spreadsheets, and those rates will be for

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the purposes of calendar year 2010 billings in this matter only.

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Additionally, the parties had disputed the hourly rate due for the services of

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litigation assistants during the first through the third quarters of 2010. Following a

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subsequent meet and confer, however, the parties agreed that defendants would pay an

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additional $154,232, based on the hourly rate for litigation assistants of $180.

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WHEREFORE, defendants agree to pay plaintiffs’ counsel $375,547 within 30

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days of the signing of this Order. On the 31st day following the entry of this Order, interest

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on any unpaid amount will begin to accrue at the rate provided by 28 U.S.C. § 1961 (i.e.,

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the weekly average 1 year constant maturity Treasury yield for the calendar week

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preceding the date of the Order.)

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AGREED TO BY THE PARTIES:

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Date: September 21, 2011

/s/
Alison Hardy
Attorney for Plaintiffs

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Date: September 21, 2011

/s/
Kyle A. Lewis
Supervising Deputy Attorney General
Attorney for Defendants

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I, Alison Hardy, attest that Kyle Lewis signed this document on September 21,
2011.

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Stipulation and Order Re: Collection of 2010 Fees
Plata v. Schwarzenegger, No. C-01-1351 T.E.H.

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S
UNIT
ED

IT IS SO ORDERED.
10/11
Date: _______________, 2011

NO

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. Hend

helton E

Judge T

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Stipulation and Order Re: Collection of 2010 Fees
Plata v. Schwarzenegger, No. C-01-1351 T.E.H.

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___________________________
Honorable Thelton E. Henderson
United States District CourtnJudge
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