Plata et al v. Schwarzenegger et al

Filing 2730

STIPULATION AND ORDER for Collection of Undisputed Attorneys' Fees and Costs for Second Quarter of 2013. Signed by Judge Thelton E. Henderson on 10/07/2013. (tmi, COURT STAFF) (Filed on 10/8/2013)

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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 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 SECOND QUARTER OF 2013 EDMUND G. BROWN, JR, 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 Second Quarter Fees Plata v. Brown, No. C-01-1351 T.E.H. 1 2 first day after the Order is filed, accruing at the rate provided by 28 U.S.C. § 1961. Pursuant to this procedure, plaintiffs' counsel served their second quarter billing 3 statement for the period April 1, 2013 through June 30, 2013 on September 25, 2013. 4 Following a meet and confer, the parties agreed to payment of $520,477 in undisputed fees 5 and costs billed by plaintiffs’ counsel. This stipulation fully settles all costs and fees for 6 the second quarter billing 2013. 7 WHEREFORE, defendants agree to pay plaintiffs’ counsel $520,477 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: October 2, 2013 /s/ Alison Hardy Attorney for Plaintiffs 14 15 16 Date: October 7, 2013 /s/ Kyle A. Lewis Supervising Deputy Attorney General Attorney for Defendants 17 18 19 I, Alison Hardy, attest that Kyle Lewis signed this document on October 7, 2013. e lton E. H dge The u J RT 26 nderson NO 25 H ER 27 28 Stipulation and Order Re: Collection of Second Quarter Fees Plata v. Brown, No. C-01-1351 T.E.H. 2 R NIA 24 ___________________________ Honorable Thelton E. Henderson United States District Court Judge FO 10/07 Date: _______________, 2013 LI 23 UNIT ED IT IS SO ORDERED. S DISTRICT TE C TA RT U O 22 S 21 A 20 N F D IS T IC T O R C

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