Armstrong, et al v. Davis, et al

Filing 1362

ORDER re 1359 Confirming Undisputed Board of Parole Hearings Attorneys' Fees and Costs for the Second Quarter of 2008. Signed by Judge Claudia Wilken on 10/1/08. (Attachments: # 1 Exhibit A)(scc, COURT STAFF) (Filed on 10/1/2008)

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PRISON LAW OFFICE DONALD SPECTER ­ 83925 SARA NORMAN ­ 189536 1917 Fifth Street Berkeley, California 94710-1916 Telephone: [phone] DISABILITY RIGHTS EDUCATION & DEFENSE FUND, INC. LINDA KILB ­ 136101 2212 6th Street Berkeley, California 94710 Telephone: [phone] JONES DAY CAROLINE N. MITCHELL - 143124 555 California Street, 25th Floor San Francisco, CA 94104 Telephone: [phone] Attorneys for Plaintiffs

BINGHAM McCUTCHEN, LLP WARREN E. GEORGE ­ 53588 FRANK B. KENNAMER ­ 157844 Three Embarcadero Center San Francisco, California 94111-4066 Telephone: [phone] ROSEN, BIEN & GALVAN, LLP MICHAEL W. BIEN ­ 096891 ERNEST GALVAN ­ 196065 GAY C. GRUNFELD ­ 121944 HOLLY M. BALDWIN ­ 191317 315 Montgomery Street, 10th Floor San Francisco, CA 94104 Telephone [phone]

IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA JOHN ARMSTRONG, et al., Plaintiffs, v. ARNOLD SCHWARZENEGGER, et al., Defendants. ) ) ) ) ) ) ) ) ) ) Case No. C 94 2307 CW ORDER CONFIRMING UNDISPUTED BOARD OF PAROLE HEARINGS ATTORNEYS' FEES AND COSTS FOR THE SECOND QUARTER OF 2008

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PROPOSED ORDER CONFIRMING UNDISPUTED BOARD OF PAROLE HEARINGS ATTORNEYS' FEES AND COSTS FOR THE SECOND QUARTER OF 2008 - CASE NO. C 94 2307 CW

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The former Board of Prison Terms (BPT) was part of a state government reorganization effective July 1, 2005, and is now known as the Board of Parole Hearings (BPH). 1
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IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA JOHN ARMSTRONG, et al., Plaintiffs, v. ARNOLD SCHWARZENEGGER, et al., Defendants. ) ) ) ) ) ) ) ) ) ) Case No. C 94 2307 CW ORDER CONFIRMING UNDISPUTED BOARD OF PAROLE HEARINGS ATTORNEYS' FEES AND COSTS FOR THE SECOND QUARTER OF 2008

On March 21, 2001, the District Court ordered all further fee and expense requests and disputes in the Board of Parole Hearing (BPH)1 portion of the case shall be resolved through the periodic fee process established by this Court's March 26, 1997 order. On March 26, 1997, the District Court established procedures by which plaintiffs are to collect periodic attorneys' fees and costs in this case in connection with their work monitoring defendants' compliance with the Court's Orders and collecting fees. Pursuant to these procedures, plaintiffs delivered by hand their Second Quarterly Statement for 2008 to defendants on July 16, 2008. Defendants submitted their objections to plaintiffs' statement on August 29, 2008. The parties completed their meet and confer on September 25, 2008, and reached an agreement. The parties agree to the total payment of $199,384.77 in undisputed fees and costs, for monitoring and fee collection activities in the BPH portion of the case for the Second Quarterly

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ORDER CONFIRMING UNDISPUTED BOARD OF PAROLE HEARINGS ATTORNEYS' FEES AND COSTS FOR THE SECOND QUARTER OF 2008 ­ CASE NO. C 94 2307 CW

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Statement for 2008, which will become due and owing forty-five days from the entry of this Order. Attached hereto as Exhibit A is a chart setting forth the balance due. IT IS HEREBY ORDERED that plaintiffs' fees and costs of $199,384.77, plus interest, are due and collectable as of forty-five days from the date of entry of this Order. Interest on these fees and costs will run from August 16, 2008 accruing at the rate provided by 28 U.S.C. section 1961. IT IS SO ORDERED. 10/1/08 Dated: Claudia Wilken United States District Judge

APPROVED AS TO FORM:

/s/ Jay C. Russell Jay C. Russell Deputy Attorney General Attorney for Defendants

DATED:

9/30/08

/s/ Holly M. Baldwin Holly M. Baldwin Rosen, Bien & Galvan, LLP Attorneys for Plaintiffs

DATED:

9/30/08

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ORDER CONFIRMING UNDISPUTED BOARD OF PAROLE HEARINGS ATTORNEYS' FEES AND COSTS FOR THE SECOND QUARTER OF 2008 ­ CASE NO. C 94 2307 CW