Plata et al v. Schwarzenegger et al

Filing 2475

STIPULATION AND ORDER for Collection of Undisputed Attorneys' Fees and Costs for Fourth Quarter of 2011. Signed by Judge Thelton E. Henderson on 09/12/2012. (tmi, COURT STAFF) (Filed on 9/13/2012)

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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 FOURTH QUARTER OF 2011

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 Fourth Quarter 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, 2011 through December 31, 2011 on May 22, 2012.

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Following a meet and confer, the parties agreed to payment of $264,019 in undisputed fees

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and costs billed by plaintiffs’ counsel. This stipulation fully settles all costs and fees for

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the fourth quarter billing 2011.

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WHEREFORE, defendants agree to pay plaintiffs’ counsel $264,019 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: August 21, 2012

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/s/
Alison Hardy
Attorney for Plaintiffs

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Date: September 11, 2012

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/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 11,
2012.

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___________________________
Honorable Thelton E. Henderson
United States District Court Judge
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Stipulation and Order Re: Collection of Fourth Quarter Fees
Plata v. Schwarzenegger, No. C-01-1351 T.E.H.
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R NIA

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FO

09/12
Date: _______________, 2012

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IT IS SO ORDERED.

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