Armstrong, et al v. Davis, et al

Filing 1480

ORDER re 1479 GRANTING STIPULATION Extending Time in Which Plaintiffs May Move to Compel Certain Disputed Attorneys' Fees and Costs Incurred in 2008. Signed by Judge CLAUDIA WILKEN on 5/21/09. (scc, COURT STAFF) (Filed on 5/21/2009)

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PRISON LAW OFFICE DONALD SPECTER­83925 SARA NORMAN­ 189536 1917 Fifth Street Berkeley, California 94710-1916 Telephone: [phone] Facsimile: [phone] DISABILITY RIGHTS EDUCATION & DEFENSE FUND, INC. LINDAh KILB­ 136101 2212 6t Street Berkeley, California 94710 Telephone: [phone] Facsimile: [phone] JONES DAY CAROLINE MITCHELL­ 143124 555 California St., 25th Floor San Francisco, CA 94104 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiffs

BINGHAM McCUTCHEN WARREN E. GEORGE­ 53588 Three Embarcadero Center San Francisco, California 94111-4066 Telephone: [phone] Facsimile: [phone] ROSEN, BIEN & GALVAN, LLP MICHAEL W. BIEN­096891 ERNEST GALVAN­196065 GAY CROSTHWAIT GRUNFELD­ 121944 315 Montgomery Street, Tenth Floor San Francisco, California 94104 Telephone: [phone] Facsimile: [phone]

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 STIPULATION AND ORDER EXTENDING TIME IN WHICH PLAINTIFFS MAY MOVE TO COMPEL CERTAIN DISPUTED ATTORNEYS' FEES AND COSTS INCURRED IN 2008

STIPULATION AND ORDER EXTENDING TIME IN WHICH PLAINTIFFS MAY MOVE TO COMPEL CERTAIN DISPUTED ATTORNEYS'
[296172-1]

FEES AND COSTS INCURRED IN 2008, CASE NO. C94 2307 CW

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[296172-1]

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 (the"Periodic Fees Order). " Pursuant to the Periodic Fees Order, certain fees and costs remain in dispute from the third and fourth quarters of 2008. The parties completed their meet and confer on the disputed items regarding the Division of Adult Parole Operations on March 27, 2009, and on the disputed items regarding the California Department of Corrections and Rehabilitation, Adult Operations and Adult Programs and Board of Parole Hearings, on April 6, 2009, but some issues remain in dispute. WHEREAS, pursuant to the Periodic Fees Order, motions to compel disputed fees are generally due sixty (60) days after the completion of the fourth quarter meet and confer; and WHEREAS, Defendants have filed an appeal to the Ninth Circuit Court of Appeals, Docket No. 07-17342, regarding this Court's Denial of Reconsideration with respect to a B " Motion to Enforce the September 11, 2007 Enforcement Order (the " PH appeal ), which is still pending; and WHEREAS, Plaintiffs have incurred and claimed certain fees and costs as a result of the BPH appeal, which Defendants dispute; and WHEREAS, the Motion to Compel 2008 disputed fees and costs for the Division of Adult Parole Operations Costs is currently due to be filed on or about May 26, 2009, while the Board of Parole Hearings and Adult Operations and Adult Programs Motion to Compel 2008 Disputed Fees and Costs is due to be filed on or about June 5, 2009; and WHEREAS, the parties seek to resolve their differences in the most efficient manner possible and reduce the burden on the Court; NOW THEREFORE, IT IS HEREBY STIPULATED AND AGREED AS FOLLOWS: 1. All disputes regarding 2008 fees and costs incurred by Plaintiffs with regard to

the BPH appeal shall be held in abeyance and all deadlines on motions to compel these fees and costs shall be tolled and not run until sixty (60) days after the Ninth Circuit issues the mandate in the BPH appeal; and
STIPULATION AND ORDER EXTENDING TIME IN WHICH PLAINTIFFS MAY MOVE TO COMPEL CERTAIN DISPUTED ATTORNEYS' FEES AND COSTS INCURRED IN 2008, CASE NO. C94 2307 CW

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All motions to compel regarding 2008 disputed fees and costs incurred by

Plaintiffs except those incurred for the BPH appeal shall be due to be filed on or before June 5, 2009. Dated: May 19, 2009 ROSEN, BIEN & GALVAN, LLP By: /s/ Gay Crosthwait Grunfeld Gay Crosthwait Grunfeld Attorneys for Plaintiffs Dated: May 19, 2009 By: /s/ Jay Russell Jay Russell Attorneys for Defendants IT IS SO ORDERED: 5/21 Dated: _______________2009 ____________________________________ The Honorable Claudia Wilken United States District Judge

STIPULATION AND ORDER EXTENDING TIME IN WHICH PLAINTIFFS MAY MOVE TO COMPEL CERTAIN DISPUTED ATTORNEYS'
[296172-1]

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FEES AND COSTS INCURRED IN 2008, CASE NO. C94 2307 CW