Perez v. Tilton et al

Filing 381

ORDER GRANTING 380 Stipulation re Briefing on Motion to Compel Payment of Attorneys' Fees. Signed by Judge Jeffrey S. White on May 8, 2009. (jswlc3, COURT STAFF) (Filed on 5/8/2009)

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Case 3:05-cv-05241-JSW Document 380 Filed 05/07/2009 Page 1 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 DONALD SPECTER #83925 ALISON HARDY #135966 PRISON LAW OFFICE 1917 Fifth Street Berkeley, CA 94710 Telephone: (510) 280-2621 Attorneys for Plaintiffs EDMUND G. BROWN JR. Attorney General of the State of California DAVID CHANEY Chief Assistant Attorney General JONATHAN L. WOLFF Senior Assistant Attorney General PHILLIP LINDSAY, State Bar No. 204444 Deputy Attorney General 110 West A St., Suite 1100 San Diego, CA 92101 Telephone: (619) 645-3134 Facsimile: (619) 645-2581 Attorneys for Defendants UNITED STATES DISTRICT COURT, NORTHERN DISTRICT OF CALIFORNIA Case No. C05-5241 JSW 18 19 20 21 22 23 24 25 26 27 S T I P U L A T I O N AND [PROPOSED] ORDER CARLOS PEREZ, et al., P la in tif f s , v. M A T T H E W CATE, et al., D e f e n d a n ts . CLASS ACTION S T IP U L A T I O N AND [PROPOSED] O R D E R RE BRIEFING FOR P L A IN T I F F S ' MOTION TO C O M P E L PAYMENT OF A T T O R N E Y FEES Case 3:05-cv-05241-JSW Document 380 Filed 05/07/2009 Page 2 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 On April 10, 2007, this Court issued its order, pursuant to the parties' stipulation, setting forth a procedure for plaintiffs to collect periodic attorneys' fees in this action. (Docket No. 110.) Under this procedure, plaintiffs may file a yearly motion to compel disputed fees "not later than sixty days after the parties meet and confer with respect to the statement covering the fourth quarter of each year." Id. The parties completed their meet and confer on the fourth quarter fees on March 19, 2008, thus plaintiffs' yearly motion to compel is due on May 18, 2009. Plaintiffs have further met and conferred regarding the attorney fees for 2008 since March 19, 2008, but have not resolved their disputes, so plaintiffs will be moving to compel payment of additional fees. The parties are currently engaged in efforts to develop and implement an out-of-state screening process for Perez class members. In order to focus fully on these matters, plaintiffs seek, and defendants agree to, additional time for plaintiffs to file their motion to compel additional attorneys' fees. Therefore, unless the parties further stipulate and/or the Court orders otherwise, the plaintiffs' motion to compel shall be due on June 19, 2009. IT IS SO STIPULATED. Date: May 7, 2009 /s/ Alison Hardy Prison Law Office Attorney for Plaintiffs /s/ Phillip Lindsay Deputy Attorney General Attorney for Defendants Date: May 7, 2009 I, Alison Hardy, attest that Phillip Lindsay signed this document on May 7, 2009. The motion shall be noticed for hearing within the time period required IT IS SO ORDERED. by Northern District Civil Local Rule 7-3. Dated:May 8, 2009 ____________________ JEFFREY S. WHITE United States District Court S T I P U L A T I O N AND [PROPOSED] ORDER 2

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