Plata et al v. Schwarzenegger et al

Filing 2441

STIPULATION AND ORDER for Collection of Undisputed Attorneys' Fees and Costs for Third Quarter of 2011. Signed by Judge Thelton E. Henderson on 05/23/2012. (tmi, COURT STAFF) (Filed on 5/23/2012)

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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 THIRD QUARTER OF 2011 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 Third Quarter 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 third quarter billing 3 statement for the period July 1, 2011 through September 30, 2011 on March 2, 2012. 4 Following a meet and confer, the parties agreed to payment of $336,624 in undisputed fees 5 and costs billed by plaintiffs’ counsel. This stipulation fully settles all costs and fees for 6 the third quarter billing 2011. 7 WHEREFORE, defendants agree to pay plaintiffs’ counsel $336,624 within 30 8 days of the signing of this Order. On the 31st day following the entry of this Order, interest 9 on any unpaid amount will begin to accrue at the rate provided by 28 U.S.C. § 1961 (i.e., 10 the weekly average 1 year constant maturity Treasury yield for the calendar week 11 preceding the date of the Order.) 12 AGREED TO BY THE PARTIES: 13 Date: May 1, 2012 14 /s/ Alison Hardy Attorney for Plaintiffs 15 16 Date: May 21, 2012 17 18 /s/ Kyle A. Lewis Supervising Deputy Attorney General Attorney for Defendants 19 I, Alison Hardy, attest that Kyle Lewis signed this document on May 21, 2012. 21 RT 26 . He helton E Judge T H ER 27 28 Stipulation and Order Re: Collection of Third Quarter Fees Plata v. Schwarzenegger, No. C-01-1351 T.E.H. 2 R NIA nderson NO 25 UNIT ED 24 ___________________________ Honorable Thelton E. Henderson United States District Court Judge FO 05/23 Date: _______________, 2012 LI 23 S IT IS SO ORDERED. RT U O 22 S DISTRICT TE C TA A 20 N F D IS T IC T O R C

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