Perez v. Tilton et al

Filing 457

ORDER granting 455 Stipulation re Plaintiffs Second Quarter Fees 2009. Signed by Judge JEFFREY S. WHITE on 11/30/09. (jjo, COURT STAFF) (Filed on 11/30/2009)

Case3:05-cv-05241-JSW Document455

Filed11/17/09 Page1 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 second quarter billing
Stipulation and Order Re: Collection of Second Quarter Fees Perez v. Cate, 05­5241 JSW

Case3:05-cv-05241-JSW Document455

Filed11/17/09 Page2 of 2

1 s ta te m e n t demanding $36,471 for the period from April 1, 2009 through July 31, 2009 on 2 Ju ly 31, 2009. Plaintiffs prevailed on their motion to compel payment for paralegal work 3 a t the market rate up to the PLRA limit on attorneys' fees, but defendants continue to 4 o b je c t to plaintiffs' rate for paralegal work and intend to appeal the Court's ruling. 5 Following a meet and confer, the parties agreed to $28,693 in undisputed fees, with 6 p a ra le g a l fees calculated at the rate demanded by defendants. Plaintiffs, however, reserve 7 th e right to move to compel payment for the disputed fees. 8 WHEREFORE, defendants agree to pay plaintiffs' counsel $28,693 within 30 days

9 o f the signing of this Order. On the 31 st day following the entry of this Order, interest on 1 0 a n y unpaid amount will begin to accrue at the rate provided by 28 U.S.C. § 1961 (i.e., the 1 1 w e e k ly average 1 year constant maturity Treasury yield for the calendar week preceding 1 2 th e date of the Order.) 1 3 A G R E E D TO BY THE PARTIES: 1 4 D a te : November 13, 2009 15 16 17 1 8 D a te: November 17, 2009 19 20 21 22 23 24 25 26 27 28
Stipulation and Order Re: Collection of Second 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 November 17, 2009.

IT IS SO ORDERED. November 30 D a te : _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ , 2009 Honorable Jeffrey S. White U n ite d States District Court Judge