Armstrong, et al v. Davis, et al

Filing 1405

ORDER re 1402 Confirming Undisputed California Department of Corrections and Rehabilitation, Adult Operations and Adult Programs Attorneys' Fees and Costs on the Third Quarterly Statement of 2008. Signed by Judge Claudia Wilken on 1/12/09. (Attachments: # 1 Exhibit A)(scc, COURT STAFF) (Filed on 1/12/2009)

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PRISON LAW OFFICE DONALD SPECTER ­ 83925 SARA NORMAN ­ 189536 1917 Fifth Street Berkeley, California 94710-1916 Telephone: [phone] Facsimile: [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]

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 MARK FEESER - 252968 315 Montgomery Street, 10th Floor San Francisco, California 94104 Telephone [phone]

Attorneys for Plaintiffs IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA JOHN ARMSTRONG, et al., Plaintiffs, vs. GRAY DAVIS, et al., Defendants ) ) ) ) ) ) ) ) ) ) ) Case No. C94 2307 CW ORDER CONFIRMING UNDISPUTED CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, ADULT OPERATIONS AND ADULT PROGRAMS ATTORNEYS' FEES AND COSTS ON THE THIRD QUARTERLY STATEMENT OF 2008

[PROPOSED] ORDER CONFIRMING UNDISPUTED CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, ADULT
[269054-1]

OPERATIONS AND ADULT PROGRAMS ATTORNEYS' FEES AND COSTS ON THE THIRD QUARTERLY STATEMENT OF 2008

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 v. ARNOLD SCHWARZENEGGER, et al., Defendants. JOHN ARMSTRONG, et al., Plaintiffs, ) ) ) ) ) ) ) ) ) ) Case No. C 94 2307 CW ORDER CONFIRMING UNDISPUTED CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, ADULT OPERATIONS AND ADULT PROGRAMS ATTORNEYS' FEES AND COSTS ON THE THIRD QUARTERLY STATEMENT OF 2008 IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

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 overnight delivery their Third Quarterly Statement for 2008 to defendants on November 6, 2008. Defendants submitted their objections to plaintiffs' statement on December 16, 2008. The parties completed their meet and confer on January 8, 2009, and reached an agreement, as reflected in Exhibit A. Defendants do not dispute the balance of $672,219.54 in fees and expenses for monitoring and fee collection activities in the California Department of Corrections and Rehabilitation, Adult Operations and Adult Programs (hereafter CDCR/AOAP)1 portion of the case for the Third Quarterly Statement for 2008, which will become due and owing forty-five days from the entry of this Order. The former California Department of Corrections (CDC) was part of a state government reorganization in July 2005, and is now known as California Department of Corrections and Rehabilitation, Adult Operations and Adult Programs (CDCR/AOAP).
[PROPOSED] ORDER CONFIRMING UNDISPUTED CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, ADULT OPERATIONS AND ADULT PROGRAMS ATTORNEYS' FEES AND COSTS ON THE THIRD QUARTERLY STATEMENT OF 2008 1

[269054-1]

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The parties agree to the total payment of $672,219.54 in undisputed fees and costs for the Third Quarter of 2008. Attached hereto as Exhibit A is a chart setting forth the balance due. IT IS HEREBY ORDERED that plaintiffs' fees and costs of $672,219.54, 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 December 8, 2008 accruing at the rate provided by 28 U.S.C. §1961. IT IS SO ORDERED. 1/12/09 THE HONORABLE CLAUDIA WILKEN UNITED STATES DISTRICT JUDGE

DATED:

APPROVED AS TO FORM:

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

DATED:

1/9/09

/s/ Gay Crosthwait Grunfeld Gay Crosthwait Grunfeld Rosen, Bien & Galvan, LLP Attorneys for Plaintiffs

DATED:

1/8/09

[PROPOSED] ORDER CONFIRMING UNDISPUTED CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, ADULT
[269054-1]

OPERATIONS AND ADULT PROGRAMS ATTORNEYS' FEES AND COSTS ON THE THIRD QUARTERLY STATEMENT OF 2008