Plata et al v. Schwarzenegger et al

Filing 3086

STIPULATION AND ORDER re 3085 STIPULATION WITH PROPOSED ORDER FOR COLLECTION OF UNDISPUTED ATTORNEYS' FEES FOR THIRD QUARTER OF 2018 filed by Marciano Plata. Signed by Judge Jon S. Tigar on November 13, 2018. (wsn, COURT STAFF) (Filed on 11/13/2018)

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1 2 3 4 5 PRISON LAW OFFICE DONALD SPECTER (83925) STEVEN FAMA (99641) ALISON HARDY (135966) 1917 Fifth Street Berkeley, California 94710 Telephone: (510) 280-2621 Fax: (510) 280-2704 6 7 Attorneys for Plaintiffs 8 9 IN THE UNITED STATES DISTRICT COURT 10 NORTHERN DISTRICT OF CALIFORNIA 11 12 13 14 15 MARCIANO PLATA, et al., Plaintiffs, v. EDMUND G. BROWN, JR., et al., No. C-01-1351 JST STIPULATION AND ORDER FOR COLLECTION OF UNDISPUTED ATTORNEYS' FEES AND COSTS FOR THIRD QUARTER OF 2018 16 17 Defendants 18 19 On December 17, 2002, the 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 23 (30) days from the receipt of plaintiffs' statement to notify plaintiffs of any disputed 24 items. After the parties meet and confer on any of defendant's objections, counsel shall 25 then prepare a stipulated order for payment of the fees not subject to defendants’ 26 objections. The Order also states that defendants shall have thirty (30) days from the 27 entry of the order to pay the undisputed fees and that interest on any undisputed fees will 28 Stipulation and Order Re: Collection of Third Quarter Fees Plata v. Brown, No. C-01-1351 J.S.T. 1 run from the thirty-first day after the Order is filed, accruing at the rate provided by 28 2 U.S.C. § 1961. 3 Pursuant to this procedure, plaintiffs' counsel served their third quarter billing 4 statement for the period of July 1, 2018 through September 30, 2018 on November 8, 5 2018. The parties agreed to payment of $272,446 in undisputed fees and costs billed by 6 plaintiffs’ counsel. This stipulation fully settles all costs and fees for the third quarter 7 2018 billing. 8 9 WHEREFORE, defendants agree to pay plaintiffs’ counsel $272,446 within 30 days of the signing of this Order. On the 31st day following the entry of this Order, 10 interest on any unpaid amount will begin to accrue at the rate provided by 28 U.S.C. § 11 1961 (i.e., the weekly average 1 year constant maturity Treasury yield for the calendar 12 week preceding the date of the Order.) 13 AGREED TO BY THE PARTIES: 14 Date: November 13, 2018 /s/ Alison Hardy Attorney for Plaintiffs 15 16 17 20 /s/ Kyle A. Lewis Supervising Deputy Attorney General Attorney for Defendants 21 I, Alison Hardy, attest that Kyle Lewis signed this document on November 13, 2018. 18 Date: November 13, 2018 19 22 23 IT IS SO ORDERED. 24 25 Date: November 13 , 2018 United States District Court Judge 26 27 28 2 Stipulation and Order Re: Collection of Third Quarter Fees Plata v. Brown, No. C-01-1351 J.S.T.

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