Perez v. Tilton et al

Filing 509

ORDER GRANTING 508 Stipulation for Periodic Collection of Attorneys' Fees and Costs. Signed by Judge Jeffrey S. White on May 11, 2010. (jswlc3, COURT STAFF) (Filed on 5/11/2010)

Case3:05-cv-05241-JSW Document508

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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

Case3:05-cv-05241-JSW Document508

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1 statem en t demanding $16,318 for the period from October 31, 2009 through December 2 31, 2009 on February 22, 2010. Plaintiffs prevailed on their motion to compel payment for 3 p a ra leg a l work at the market rate up to the PLRA limit on attorneys' fees, but defendants 4 co n tin u e to object to plaintiffs' rate for paralegal work and have appealed the Court's 5 ru lin g . Following a meet and confer, the parties agreed to $8,093 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, including fees for the 8 d if f e re n c e between the market rate for paralegal work, and the amount defendants agree to 9 p a y. 10 WHEREFORE, defendants agree to pay plaintiffs' counsel $8,093 within 30 days

1 1 o f the signing of this Order. On the 31 st day following the entry of this Order, interest on 1 2 a n y unpaid amount will begin to accrue at the rate provided by 28 U.S.C. § 1961 (i.e., the 1 3 w e e k ly average 1 year constant maturity Treasury yield for the calendar week preceding 1 4 th e date of the Order.) 1 5 A G R E E D TO BY THE PARTIES: 1 6 D a te : April 7, 2010 17 18 19 2 0 D a te: May 10, 2010 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 May 10, 2010. /// ///

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1 IT IS SO ORDERED. 2 D a te : _ _ay 11,_2010 _ _ _ _ , 2010 M ____ ____ 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 28
Stipulation and Order Re: Collection of Fourth Quarter Fees 3 Perez v. Cate, 05­5241 JSW

Honorable Jeffrey S. White U n ite d States District Court Judge