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)

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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: (510) 280-2621 Facsimile: (510) 280-2704 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

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