Perez v. Tilton et al

Filing 364

ORDER GRANTING 363 Stipulation For Periodic Collection of Attorneys' Fees and Costs. Signed by Judge Jeffrey S. White on 3/20/09. (jjo, COURT STAFF) (Filed on 3/20/2009) Modified on 3/20/2009 (jjo, COURT STAFF).

Case 3:05-cv-05241-JSW

Document 363

Filed 03/19/2009

Page 1 of 2

1 P R IS O N LAW OFFICE D O N A L D SPECTER #83925 2 S T E V E N FAMA #99641 ALISON HARDY #135966 3 1 9 1 7 Fifth Street B e rk e le y, CA 94710 4 T e le p h o n e : [phone] F a c sim ile : [phone] 5 a h a r d y@ p r i s o n l a w . c o m 6 Attorneys for Plaintiffs 7 8 IN THE UNITED STATES DISTRICT COURT 9 N O R T H E R N DISTRICT OF CALIFORNIA 10 11 N o . C05-5241 JSW 12 13 14 15 16 17 18 D e f e n d a n ts . O n April 10, 2007, this Court established a procedure by which plaintiffs are to v. M A T T H E W CATE, et al., C A R L O S PEREZ, et al., P la in tif f s , S T I P U L A T I O N AND ORDER FOR P E R IO D I C COLLECTION OF A T T O R N E Y S ' FEES AND COSTS

1 9 c o lle c t attorneys' fees and costs incurred in connection with the Amended Stipulation and 2 0 O rd e r. This procedure requires plaintiffs' counsel to submit to defendants a quarterly 2 1 s ta te m e n t of fees incurred in monitoring work, and permits defendants thirty (30) days 2 2 f ro m the receipt of plaintiffs' statement to notify plaintiffs of any disputed items. After the 2 3 p a rtie s meet and confer on any of defendant's objections, counsel shall then prepare a 2 4 s tip u la te d order for payment of the fees not subject to defendants' objections. The Order 2 5 a ls o states that defendants shall have thirty (30) days from the entry of the order to pay the 2 6 u n d is p u te d fees and that interest on any undisputed fees will run from the thirty-first day 2 7 a f te r the Order is filed, accruing at the rate provided by 28 U.S.C. § 1961. 28 Pursuant to this procedure, plaintiffs' counsel served their fourth quarter billing
Stipulation and Order Re: Collection of Fourth Quarter Fees Perez v. Cate, 05­5241 JSW

Case 3:05-cv-05241-JSW

Document 363

Filed 03/19/2009

Page 2 of 2

1 s ta te m e n t demanding $18,659 for the period from October 1, 2008 through December 31, 2 2 0 0 8 on February 11, 2009. Defendants agreed to pay this amount. (Because defendants 3 o b je c t to plaintiffs' regular rate for paralegal work, plaintiffs calculated the billing 4 sta tem e n t at the rate defendants are willing to pay. Plaintiffs, however, reserve the right to 5 m o v e to compel payment at the higher paralegal rate, as provided in the April 10, 2007 6 o rd e r.) 7 WHEREFORE, defendants agree to pay plaintiffs' counsel $18,659 within 30 days

8 o f the signing of this Order. On the 31 st day following the entry of this Order, interest on 9 a n y unpaid amount will begin to accrue at the rate provided by 28 U.S.C. § 1961 (i.e., the 1 0 w e e k ly average 1 year constant maturity Treasury yield for the calendar week preceding 1 1 th e date of the Order.) 1 2 A G R E E D TO BY THE PARTIES: 1 3 D a te : March 19, 2009 14 15 16 1 7 D a te: March 17, 2009 18 19 20 21 22 23 24 25 26 27 28
Stipulation and Order Re: Collection of Fourth Quarter Fees 2 Perez v. Cate, 05­5241 JSW

/s/ Alison Hardy A tto rn e y for Plaintiffs

/s/ Phillip Lindsay D e p u ty Attorney General A tto rn e y for Defendants

I, Alison Hardy, attest that Phillip Lindsay signed this document on March 17, 2009

IT IS SO ORDERED. D a te : Mar_h _ _ _ _ _ _ _ _ _ _ , 2009 _ _ _ c _ 20 Honorable Jeffrey S. White U n ite d States District Court Judge