Barnes v. AT&T Pension Benefit Plan-NonBargained Program

Filing 410

STIPULATION AND ORDER re 409 STIPULATION WITH PROPOSED ORDER STIPULATION ON PLAINTIFF'S MOTION FOR AWARD OF ATTORNEYS' FEES AND NON-TAXABLE COSTS; [PROPOSED] ORDER filed by Quiller Barnes. Signed by Judge Edward M. Chen on 10/25/13. (bpf, COURT STAFF) (Filed on 10/25/2013)

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COHEN MILSTEIN SELLERS & TOLL PLLC
R. Joseph Barton (CA State Bar No. 212340)
Email: [e-mail]
Bruce F. Rinaldi (CA State Bar No. 55133)
Email: [e-mail]
1100 New York Avenue, N.W.
West Tower, STE 500
Washington, DC 20005
Telephone: [phone]
Facsimile: [phone]

Attorneys for Plaintiff & the Class
QUILLER BARNES

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PAUL HASTINGS LLP
Patrick W. Shea (NY State Bar No. 4587176), Pro Hac Vice
Email: [e-mail]
75 East 55th Street
New York, NY 10022
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendant

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AT&T PENSION BENEFIT PLAN –
NONBARGAINED PROGRAM
[Additional counsel listed on next page]

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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QUILLER BARNES,
Plaintiff,
vs.
AT&T PENSION BENEFIT PLAN –
NONBARGAINED PROGRAM,

CASE NO. 08-04058 EMC
STIPULATION ON PLAINTIFF’S
MOTION FOR AWARD OF
ATTORNEYS’ FEES AND NONTAXABLE COSTS; [PROPOSED]
ORDER

Defendant.

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Case No. 08-04058 EMC

STIP. ON PLAINTIFF’S FEE MOTION;
[PROPOSED] ORDER

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SPRINGER & ROBERTS LLP
Michelle L. Roberts (CA State Bar No. 239092)
Email: [e-mail]
410 – 12th Street, Suite 325
Oakland, CA 94607
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiff & the Class

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QUILLER BARNES

PAUL HASTINGS LLP
Stephen H. Harris (CA State Bar No. 184608)
Email: [e-mail]
M’Alyssa C. Mecenas (CA State Bar No. 272075)
Email: [e-mail]
515 South Flower Street, 25th Floor
Los Angeles, CA 90071
Telephone: [phone]
Facsimile: [phone]

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PAUL HASTINGS LLP
Regan A.W. Herald (CA State Bar No. 251879)
875 15th Street, N.W.
Washington, DC 20005
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

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Attorneys for Defendant

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AT&T PENSION BENEFIT PLAN –
NONBARGAINED PROGRAM

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Case No. 08-04058 EMC

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STIP. ON PLAINTIFF’S FEE MOTION;
[PROPOSED] ORDER

WHEREAS, on April 30, 2013, Plaintiff filed a Motion for Award of Attorneys’ Fees and

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Non-Taxable Costs (“Fee Motion”), seeking, among other relief, an award of non-taxable costs in the

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amount of $75,867.85, which Plaintiff incurred in the litigation through August 31, 2011 (D.E.

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#355);

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WHEREAS, on July 26, 2013, the Court issued an Order Granting Plaintiff’s Motion for

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Attorney’s Fees, awarding Plaintiff $75,867.85 in non-taxable costs and ordering the Parties to

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provide supplemental briefing regarding the amount of attorneys’ fees to be awarded (D.E. #386);

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WHEREAS, on August 21, 2013, Defendant filed a Motion for Leave to File Motion for
Reconsideration regarding the Court’s award of non-taxable expenses (D.E. #392);
WHEREAS, on August 26, 2013, the Parties filed supplemental briefs so the Court could
determine the exact amount of fees and costs to award (D.E. #s 393, 396);
WHEREAS, on October 10, 2013, the Court issued an order disposing of the motions at

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Docket Nos. 392, 398, and 405 (D.E. #406) and awarding Plaintiff fees in the amount of

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$208,651.58;

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WHEREAS, the Court encouraged the Parties to meet and confer to see if they could reach
agreement on non-taxable expenses given the Court’s rulings in the Order on fees; and
WHEREAS, counsel for the Parties have met and conferred in good faith, and, as a result,

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the Parties have reached a compromise and resolution on Plaintiff’s award of non-taxable expenses

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and other matters;

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IT IS HEREBY STIPULATED BY AND BETWEEN Plaintiff Quiller Barnes and

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Defendant AT&T Pension Benefit Plan – Nonbargained Program (collectively referred to as the

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“Parties”), acting through their respective counsel of record, as follows:

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1. Defendant shall pay $24,690.84 for the following expenses:

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(a)

The full amount of the taxable costs ordered by the Court, totaling $824.05

(D.E. #374);
(b)

$5,000 that Plaintiff Barnes expended out-of-pocket before April 2009

(D.E. #360);

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Case No. 08-04058 EMC

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STIP. ON PLAINTIFF’S FEE MOTION;
[PROPOSED] ORDER

(c)

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$12,000, which includes certain expenses Plaintiff incurred from January 21,

2011 through August 31, 2011;

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(d)

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$6,382.35, which includes certain expenses related to Plaintiff’s taking of the

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Fed. R. Civ. P. 30(b)(6) deposition of the Plan on October 29 and November 9, 2010,

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including the costs of travel for Plaintiff’s counsel, Michelle L. Roberts, to attend one day of

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the deposition and the costs for the court reporter and transcript for both days of the

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deposition; and
(e)

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$484.44, which includes certain expenses incurred in connection with the

filing of Plaintiff’s motion for fees (D.E. #355) and subsequent related filings with the

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exception of the travel costs for Plaintiff’s counsel R. Joseph Barton to attend the hearing on

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the Fee Motion;

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2.

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$24,690.84 and $208,651.58 either by a check or checks made payable to Cohen, Milstein,

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Sellers & Toll, P.L.L.C. (Attn: R. Joseph Barton) or by wire transfer to an account designated

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by Cohen Milstein Sellers & Toll, P.L.L.C.

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3.

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related to the Fee Motion (D.E. #s 386, 406), or seek any other award of attorneys’ fees and

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expenses related to this litigation, except that nothing in this stipulation will prevent Plaintiff

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from seeking any attorneys’ fees, costs or expenses in excess of the amount paid pursuant to

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this Stipulation based on subsequent success on the merits in this action in the Ninth Circuit

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Court of Appeals or prevent Defendant from seeking an award of costs from the Ninth

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Circuit in connection with the pending appeal in this action.

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Neither Party will appeal or seek further reconsideration any of the Court’s Orders

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Within 30 days of the entry of this Order, Defendant will deliver the sums of

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Case No. 08-04058 EMC

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STIP. ON PLAINTIFF’S FEE MOTION;
[PROPOSED] ORDER

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DATED: October 24, 2013

By:

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/s/ Michelle L. Roberts
MICHELLE L. ROBERTS

Attorneys for Plaintiff & the Class
Quiller Barnes

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DATED: October 24, 2013

By:

/s/ Stephen H. Harris
STEPHEN H. HARRIS

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Attorneys for Defendant
AT&T Pension Benefit Plan - Nonbargained Program

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SIGNATURE ATTESTATION
I, Michelle L. Roberts, hereby attest that concurrence in the filing of the document has been
obtained from the other signatory on this document.

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DATED: October 24, 2013

By:

/s/ Michelle L. Roberts
MICHELLE L. ROBERTS

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[PROPOSED] ORDER

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

ER

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Case No. 08-04058 EMC

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FO

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en

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Judge E

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HON. EDWARDERED
RD M. CHEN
United States District Court
IS SO O
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By:

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UNIT
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October 25
DATED: _________________, 2013

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STIP. ON PLAINTIFF’S FEE MOTION;
[PROPOSED] ORDER