Perez v. Tilton et al

Filing 732

ORDER GRANTING 731 STIPULATION re Collection of Undisputed Attorney Fees. Signed by Judge JEFFREY S. WHITE on 12/3/12. (jjoS, COURT STAFF) (Filed on 12/3/2012)

Case3:05-cv-05241-JSW Document731 Filed11/27/12 Page1 of 2

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

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Attorneys for Plaintiffs

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IN THE UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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No. C05-5241 JSW
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CARLOS PEREZ, et al.,
Plaintiffs,

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STIPULATION AND ORDER FOR
PERIODIC COLLECTION OF
ATTORNEYS’ FEES AND COSTS

v.
MATTHEW CATE, et al.,

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Defendants.
On April 10, 2007, this Court established a procedure by which plaintiffs are to

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collect attorneys' fees and costs incurred in connection with the Amended Stipulation and

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Order. This procedure requires plaintiffs' counsel to submit to defendants a quarterly

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statement of fees incurred in monitoring work, and permits defendants thirty (30) days

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from the receipt of plaintiffs' statement to notify plaintiffs of any disputed items. After the

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parties meet and confer on any of defendant's objections, counsel shall then prepare a

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stipulated order for payment of the fees not subject to defendants’ objections. The Order

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also states that defendants shall have thirty (30) days from the entry of the order to pay the

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undisputed fees and that interest on any undisputed fees will run from the thirty-first day

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after the Order is filed, accruing at the rate provided by 28 U.S.C. § 1961.

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Pursuant to this procedure, plaintiffs' counsel served their billing statements for the
Stipulation and Order Re: Collection of Fees
Perez v. Cate, 05–5241 JSW

Case3:05-cv-05241-JSW Document731 Filed11/27/12 Page2 of 2

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first, second and third quarter of 2012 demanding $15,617 for the period from January 1,

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2012 through September 30, 2012. After meeting and conferring, the parties agreed to

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payment of $15,617.

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WHEREFORE, defendants agree to pay plaintiffs’ counsel $15,617 within 30 days

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

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

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

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the date of the Order.)

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AGREED TO BY THE PARTIES:

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Date: November 27, 2012
/s/
Alison Hardy
Attorney for Plaintiffs

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Date: November 27, 2012

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

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I, Alison Hardy, attest that Marisa Kirschenbauer signed this document on November 27,
2012.

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IT IS SO ORDERED.
Date: December 3
_______________, 2012

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Honorable Jeffrey S. White
United States District Court Judge

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Stipulation and Order Re: Collection of Fees
Perez v. Cate, 05–5241 JSW

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