Perez v. Tilton et al

Filing 598

STIPULATION AND ORDER FOR COLLECTION OF 2009 AND 2010 FORMERLY DISPUTED ATTORNEYS' FEES. Signed by Judge Jeffrey S. White on 3/3/11. (sis, COURT STAFF) (Filed on 3/3/2011)

Perez v. Cate et al

Doc. 598

Case3:05-cv-05241-JSW Document597

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1 PRISON LAW OFFICE DONALD SPECTER #83925 2 STEVEN FAMA #99641 ALISON HARDY #135966 3 1917 Fifth Street Berkeley, CA 94710 4 Telephone: [phone] Facsimile: [phone] 5 [e-mail] 6 Attorneys for Plaintiffs 7 8 IN THE UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 11 No. C05-5241 JSW 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Stipulation and Order Re: Collection of Fees Perez v. Cate, 05­5241 JSW

CARLOS PEREZ, et al., Plaintiffs, v. MATTHEW CATE, et al., Defendants. STIPULATION AND ORDER FOR COLLECTION OF 2009 AND 2010 FORMERLY DISPUTED ATTORNEYS' FEES

Dockets.Justia.com

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On August 26, 2010, the parties stipulated that they would meet and confer regarding the hourly rates payable to Plaintiffs' paralegals and litigation assistants, within ten days after the mandate issued in the Perez v. Cate appeal in the Ninth Circuit Court of Appeals (Docket No. 543), which addressed 2008 hourly rates for paralegals. Mandate issued on February 4, 2011, and the parties thereafter extended the deadline to meet and confer. The parties have since met and conferred and hereby stipulate to the following: 1. This stipulation applies to past due amounts for work performed by

paralegals and litigation assistants between the first quarter of 2009 and the second quarter of 2010. During this period, defendants compensated plaintiffs at an interim hourly rate of $135 for all work performed by paralegals and litigation assistants during the first quarter of 2009, and $82.50 for work performed by those individuals in the succeeding five quarters. 2. The parties have reached an agreement that, in light of the Ninth Circuit

decision, Defendants will pay the following hourly rates for work performed by paralegals: $170 for 2009, and $180 for 2010. The parties further agree that Defendants will pay the difference between these stipulated hourly rates and the interim hourly rate of either $135 or $82.50 already paid during the pendency of this dispute. 3. The parties have further agreed that Defendants will pay the following

hourly rates for work performed by litigation assistants: $140 for 2009, and $145 for 2010. The parties further agree that Defendants will pay the difference between these stipulated hourly rates and the interim hourly rate of either $135 or $82.50 already paid during the pendency of this dispute. 4. Based upon the rates set forth above, for 2009 and the first two quarters of

2010, Defendants agree to pay plaintiffs' counsel $15,105. This amount shall be paid within 30 days of the signing of this Order. On the 31 st day following the entry of this

26 Order, interest on any unpaid amount will begin to accrue at the rate provided by 28 27 28
Stipulation and Order Re: Collection of Fees Perez v. Cate, 05­5241 JSW

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U.S.C. § 1961 (i.e., the weekly average 1 year constant maturity Treasury yield for the calendar week preceding the date of the Order.) 5. The parties have reached this agreement solely for the purpose of settling the

paralegal and litigation assistant rate dispute for 2009 and the first two quarters of 2010. The parties agree that the rates outlined in the stipulation are for settlement purposes only and cannot be introduced by either party in any other litigation regarding the reasonableness of any particular rate for any particular year.

AGREED TO BY THE PARTIES: 10 11 12 13 14 Date: March 3, 2011 15 16 17 18 19 20 21 22 IT IS SO ORDERED. 23 Date: March 3 24 25 26 27 28
Stipulation and Order Re: Collection of Fees Perez v. Cate, 05­5241 JSW

Date: March 1, 2011 /s/ Alison Hardy Attorney for Plaintiffs .

/s/ . Damon McClain Deputy Attorney General Attorney for Defendants

I, Alison Hardy, attest that Damon McClain signed this document on March 3, 2011.

, 2011 Honorable Jeffrey S. White United States District Court Judge

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