Perez v. Tilton et al

Filing 610

ORDER GRANTING 609 Stipulation for Collection of Undisputed Attorneys' Fees and Costs for 3rd Quarter 2010. Signed by Judge Jeffery S. White on 4/13/11. (jjoS, COURT STAFF) (Filed on 4/13/2011)

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Case3:05-cv-05241-JSW Document609 Filed04/13/11 Page1 of 2 1 PRISON LAW OFFICE DONALD SPECTER #83925 2 STEVEN FAMA #99641 ALISON HARDY #135966 3 1917 Fifth Street Berkeley, CA 94710 4 Telephone: (510) 280-2621 Facsimile: (510) 280-2704 5 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 CARLOS PEREZ, et al., Plaintiffs, 14 15 STIPULATION AND ORDER FOR PERIODIC COLLECTION OF ATTORNEYS’ FEES AND COSTS v. MATTHEW CATE, et al., 16 17 18 Defendants. On April 10, 2007, this Court established a procedure by which plaintiffs are to 19 collect attorneys' fees and costs incurred in connection with the Amended Stipulation and 20 Order. This procedure requires plaintiffs' counsel to submit to defendants a quarterly 21 statement of fees incurred in monitoring work, and permits defendants thirty (30) days 22 from the receipt of plaintiffs' statement to notify plaintiffs of any disputed items. After the 23 parties meet and confer on any of defendant's objections, counsel shall then prepare a 24 stipulated order for payment of the fees not subject to defendants’ objections. The Order 25 also states that defendants shall have thirty (30) days from the entry of the order to pay the 26 undisputed fees and that interest on any undisputed fees will run from the thirty-first day 27 after the Order is filed, accruing at the rate provided by 28 U.S.C. § 1961. 28 Pursuant to this procedure, plaintiffs' counsel served their third quarter billing Stipulation and Order Re: Collection of Third Quarter Fees Perez v. Cate, 05–5241 JSW Case3:05-cv-05241-JSW Document609 Filed04/13/11 Page2 of 2 1 statement demanding $21,173 for the period from July 1, 2010 through September 30, 2 2010 on March 1, 2011. Defendants did not object to plaintiffs fee statement. The parties 3 have agreed that the rate of $145 per hour will be the rate for nonparalegal litigation 4 assistants in 2010. The parties further agree that the 2010 nonparalegal-litigation-assistant 5 rate only pertains to this action and cannot be introduced by either party in any other 6 litigation regarding the reasonableness of any particular rate for any particular year. 7 WHEREFORE, defendants agree to pay plaintiffs’ counsel $21,173 within 30 days 8 of the signing of this Order. On the 31 st day following the entry of this Order, interest on 9 any unpaid amount will begin to accrue at the rate provided by 28 U.S.C. § 1961 (i.e., the 10 weekly average 1 year constant maturity Treasury yield for the calendar week preceding 11 the date of the Order.) 12 AGREED TO BY THE PARTIES: 13 Date: April 13, 2011 /s/ Alison Hardy Attorney for Plaintiffs 14 15 16 17 Date: April 13, 2011 18 /s/ Damon McClain Deputy Attorney General Attorney for Defendants 19 20 21 I, Alison Hardy, attest that Damon McClain signed this document on April 13, 2011. 22 23 IT IS SO ORDERED. April 13, 24 Date: _______________, 2011 Honorable Jeffrey S. White United States District Court Judge 25 26 27 28 Stipulation and Order Re: Collection of Third Quarter Fees 2 Perez v. Cate, 05–5241 JSW

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