Armstrong, et al v. Davis, et al

Filing 1794

ORDER re 1793 Granting Stipulation Re Procedure for Resolving Attorney's Fees Incurred on Appeal. Signed by Judge Claudia Wilken on 10/25/2010. (ndr, COURT STAFF) (Filed on 10/25/2010)

Armstrong, et al v. Davis, et al

Doc. 1794

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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 D. KILB ­ 136101 2212 Sixth Street Berkeley, California 94710-2219 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. BIEN ­ 096891 ERNEST GALVAN ­ 196065 GAY CROSTHWAIT GRUNFELD ­ 121944 HOLLY M. BALDWIN ­ 191317 315 Montgomery Street, Tenth Floor San Francisco, California 94104-1823 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 RE PROCEDURE FOR RESOLVING ATTORNEY'S FEES INCURRED ON APPEAL

STIPULATION AND ORDER RE PROCEDURE FOR RESOLVING ATTORNEY'S FEES INCURRED ON APPEAL,
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CASE NO. C94 2307 CW

Dockets.Justia.com

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WHEREAS, 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"); WHEREAS, Defendants filed an appeal to the Ninth Circuit Court of Appeals, Case No. 07-17342, regarding this Court's Denial of Reconsideration with respect to a Motion to Enforce the September 11, 2007 Enforcement Order, which was resolved by the Ninth Circuit's Memorandum Order issued on September 7, 2010; WHEREAS, Defendants filed an appeal to the Ninth Circuit Court of Appeals, Case No. 09-16716, regarding this Court's July 9, 2010 minute order concerning the modification of local operating procedures for the provision of accommodations to hearing impaired prisoners at individual institutions of the California Department of Corrections and Rehabilitation, which was resolved by the Ninth Circuit's Memorandum Order issued on August 12, 2010; WHEREAS, the Ninth Circuit has granted Plaintiffs' requests to transfer consideration of attorney's fees and expenses in Case Nos. 07-17342 and 09-16716 to this Court; WHEREAS, on October 7, 2010 this Court issued an Order on Briefing for Attorneys' Fees Incurred on Appeal (Docket No. 1785), setting a schedule for consolidated briefing on Plaintiffs' request for attorney's fees and expenses incurred in Case Nos. 07-17342 and 09-16716; 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. The briefing schedule set in this Court's Order on Briefing for Attorneys' Fees

Incurred on Appeal (Docket No. 1785) shall be vacated; 2. Plaintiffs shall seek their attorney's fees and expenses incurred in Case Nos.

07-17342 and 09-16716 by submitting them to Defendants as part of the quarterly periodic fees process pursuant to the Periodic Fees Order; 1
STIPULATION AND ORDER RE PROCEDURE FOR RESOLVING ATTORNEY'S FEES INCURRED ON APPEAL, CASE NO. C94 2307 CW

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3.

Pursuant to the Periodic Fees Order, Defendants shall have an opportunity to

object to Plaintiffs' claimed fees and expenses, and the parties will attempt to resolve any disputes regarding Plaintiffs' claims; 4. If the parties are unable to resolve disputes regarding Plaintiffs' claims for

attorney's fees and expenses incurred in Case Nos. 07-17342 and 09-16716, then Plaintiffs may file a motion to compel before this Court, within 60 days after completion of the parties' meet-and-confer process; and 5. The previously set deadline on motions to compel regarding 2008 fees and costs

pursuant to the Stipulation and Order entered on May 21, 2009 (Docket No. 1480) shall be superseded by this Stipulation and Order. Dated: October 18, 2010 ROSEN, BIEN & GALVAN, LLP By: /s/ Holly M. Baldwin Holly M. Baldwin Attorneys for Plaintiffs Dated: October 18, 2010 EDMUND G. BROWN JR., Attorney General of the State of California By: /s/ Jay C. Russell Jay C. Russell Deputy Attorney General Attorneys for Defendants

IT IS SO ORDERED. Dated: 10/25/2010 ____________________________________ The Honorable Claudia Wilken United States District Judge

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STIPULATION AND ORDER RE PROCEDURE FOR RESOLVING ATTORNEY'S FEES INCURRED ON APPEAL, CASE NO. C94 2307 CW