California State Foster Parent Association et al v. Wagner et al

Filing 129

ORDER RE MOTION FOR ATTORNEY'S FEES AND COSTS (whalc2, COURT STAFF) (Filed on 3/9/2009)

1 2 3 4 5 6 7 8 9 10 CALIFORNIA STATE FOSTER PARENT ASSOCIATION, CALIFORNIA STATE CARE PROVIDERS ASSOCIATION, and LEGAL ADVOCATES FOR PERMANENT PARENTING, Plaintiffs, v. JOHN A. WAGNER, Director of the California Department of Social Services, in his official capacity; MARY AULT, Deputy Director fo the Children and Family Services Division of the California Department of Social Services, in her official capacity, Defendants. / ORDER RE MOTION FOR ATTORNEY'S FEES AND COSTS IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

No. C 07-05086 WHA

United States District Court

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For the Northern District of California

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An October 2008 order granted in part and denied in part plaintiffs' motion for summary judgment and denied defendants' motion for summary judgment, and a December 2008 order denied defendants' motion for reconsideration thereof. On December 19, plaintiffs filed a motion for attorney's fees. After receiving briefing thereon, an order dated February 6, 2009 indicated that plaintiffs were the prevailing party in the action -- a proposition defendants did not contest -- and set forth a procedure for determining the appropriate fee award. The order explained as follows (Dkt. No. 124, ¶¶ 10­11): 10. With the benefit of both sides' filings, representatives of the parties with final decision authority shall meet in person and confer to try to resolve all differences as to the amount. If no agreement is reached, the moving party must file and serve a declaration showing full compliance with this paragraph, explaining when, where and who met, their decision

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authority, how long they met, what documents were reviewed together, and the principal points of disagreement. This must be done within 28 CALENDAR DAYS of the filing of movant's detailed declaration. 11. If no agreement is reached, a special master shall be appointed. If the parties cannot agree on a special master, then the Court shall select a special master. The parties must so advise the Court on this within 28 CALENDAR DAYS of the filing of movant's detailed declaration. Thereafter, plaintiffs filed a renewed "Declaration of Kimberly N. Van Voorhis in Support of Motion for Attorney's Fees." The declaration itemized requested fees in an amount slightly lower than plaintiffs' previous fee request -- $814,116.25, down from $1,093,363.75. Defendants filed an opposition thereto arguing, inter alia, that because plaintiffs' motion for summary judgment was granted only in part, the fee award must be reduced accordingly. Neither side indicates that they met and conferred regarding the fee request. Nor do the parties indicate that they have agreed upon a special master, or indeed, that they have discussed such an appointment. In accordance with Paragraphs 10­11 of the February 2009 order, the parties are directed to meet and confer to try to resolve their differences regarding the fee amount and, if their differences on the subject are irreconcilable, to agree upon the appointment of a special master. The two sides should submit a joint response indicating the results of the effort by MARCH 23, 2009. If the parties are unable to agree on a special master, they must so advise the Court in their filing and the Court shall select a special master.

United States District Court

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For the Northern District of California

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IT IS SO ORDERED.

Dated: March 9, 2009.

WILLIAM ALSUP UNITED STATES DISTRICT JUDGE

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