Perez v. Tilton et al

Filing 653

ORDER GRANTING 652 Stipulation for Periodic Collection of Fees for 1st and 2nd Quarter, 2011. Signed by Judge Jefffrey S. White on 11/28/11. (jjoS, COURT STAFF) (Filed on 11/28/2011)

Case3:05-cv-05241-JSW Document652

1

5

PRISON LAW OFFICE
DONALD SPECTER #83925
STEVEN FAMA #99641
ALISON HARDY #135966
1917 Fifth Street
Berkeley, CA 94710
Telephone: [phone]
Facsimile: [phone]
[e-mail]

6

Filed11/18/11 Page1 of 2

Attorneys for Plaintiffs

2
3
4

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 first and second quarter
Stipulation and Order Re: Collection of First and Second Quarter Fees
Perez v. Cate, 05–5241 JSW

Case3:05-cv-05241-JSW Document652

Filed11/18/11 Page2 of 2

1

billing statement demanding $30,719 for the period from January 1, 2011 through June 30,

2

2011. After meeting and conferring, the parties agreed to payment of $30,349.

3

WHEREFORE, defendants agree to pay plaintiffs’ counsel $30,349 within 30 days

4

of the signing of this Order. On the 31st day following the entry of this Order, interest on

5

any unpaid amount will begin to accrue at the rate provided by 28 U.S.C. § 1961 (i.e., the

6

weekly average 1 year constant maturity Treasury yield for the calendar week preceding

7

the date of the Order.)

8

AGREED TO BY THE PARTIES:

9

Date: November 16, 2011
/s/
Alison Hardy
Attorney for Plaintiffs

10
11
12
13

Date: November 18, 2011

14

/s/
Marisa Yee Kirschenbauer
Deputy Attorney General
Attorney for Defendants

15
16
17

I, Alison Hardy, attest that Marisa Kirschenbauer signed this document on November 18,
2011.

18
19
20
21
22

IT IS SO ORDERED.
Date: November 28
_______________, 2011
Honorable Jeffrey S. White
United States District Court Judge

23
24
25
26
27
28
Stipulation and Order Re: Collection of First and Second Quarter Fees
2
Perez v. Cate, 05–5241 JSW