Armstrong, et al v. Davis, et al

Filing 1467

ORDER re 1465 Confirming Undisputed California Department of Corrections and Rehabilitation, Adult Operations and Adult Programs Attorneys' Fees and Costs on the Fourth Quarterly Statement of 2008. Signed by Judge Claudia Wilken on 4/16/09. (Attachments: # 1 Exhibit A)(scc, COURT STAFF) (Filed on 4/16/2009) Modified on 4/17/2009 (scc, COURT STAFF).

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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 PRISON LAW OFFICE DONALD SPECTER 83925 SARA NORMAN 189536 1917 Fifth Street Berkeley, California 94710-1916 Telephone: (510) 280-2621 Facsimile: (510) 280-2704 DISABILITY RIGHTS EDUCATION & DEFENSE FUND, INC. LINDAh KILB 136101 2212 6t Street Berkeley, California 94710 Telephone: (510) 644-2555 Facsimile: (510) 841-8645 JONES DAY CAROLINE MITCHELL 143124 555 California St., 25th Floor San Francisco, CA 94104 Telephone: (415) 875-5712 Facsimile: (415) 680-2344 Attorneys for Plaintiffs BINGHAM McCUTCHEN WARREN E. GEORGE 53588 Three Embarcadero Center San Francisco, California 94111-4066 Telephone: (415) 393-2000 Facsimile: (415) 393-2286 ROSEN, BIEN & GALVAN, LLP MICHAEL W. BIEN 096891 ERNEST GALVAN 196065 GAY CROSTHWAIT GRUNFELD 121944 315 Montgomery Street, Tenth Floor San Francisco, California 94104 Telephone: (415) 433-6830 Facsimile: (415) 433-7104 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION JOHN ARMSTRONG, et al., Plaintiffs, v. ARNOLD SCHWARZENEGGER, 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 FOURTH QUARTERLY STATEMENT OF 2008 [PROPOSED] ORDER CONFIRMING UNDISPUTED CDCR, ADULT OPERATIONS AND ADULT PROGRAMS ATTORNEYS' FEES AND [288759-1 COSTS ON THE FOURTH QUARTERLY STATEMENT OF 2008 - CASE NO. C94 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 [PROPOSED] ORDER CONFIRMING UNDISPUTED CDCR, ADULT OPERATIONS AND ADULT PROGRAMS ATTORNEYS' FEES AND [288759-1] UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION JOHN ARMSTRONG, et al., Plaintiffs, v. ARNOLD SCHWARZENEGGER, 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 FOURTH QUARTERLY STATEMENT OF 2008 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 Fourth Quarterly Statement for 2008 to defendants on February 11, 2009. Defendants submitted their objections to plaintiffs' statement on March 20, 2009. The parties completed their meet and confer on April 6, 2009, and reached an agreement, as reflected in Exhibit A. Exhibit A also reflects the claimed fees and costs that remain in dispute. 1 COSTS ON THE FOURTH QUARTERLY STATEMENT OF 2008 - CASE NO. C94 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 [288759-1] Defendants do not dispute the balance of $624, 488.67 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 Fourth Quarterly Statement for 2008, which will become due and owing forty-five days from the entry of this Order. The parties agree to the total payment of $624, 488.67 in undisputed fees and costs for the Fourth 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 $624, 488.67, 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 March 14, 2009 accruing at the rate provided by 28 U.S.C. 1961. IT IS SO ORDERED. DATED: __4/16/09_____________ THE HONORABLE CLAUDIA WILKEN UNITED STATES DISTRICT JUDGE APPROVED AS TO FORM: /s/ Jay C. Russell Jay C. Russell Deputy Attorney General Attorney for Defendants /s/ Gay Crosthwait Grunfeld Gay Crosthwait Grunfeld Rosen, Bien & Galvan, LLP Attorneys for Plaintiffs DATED: April 7, 2009 DATED: April 6, 2009 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 CDCR, ADULT OPERATIONS AND ADULT PROGRAMS ATTORNEYS' FEES AND COSTS ON THE FOURTH QUARTERLY STATEMENT OF 2008 - CASE NO. C94 2307 CW 1 2

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