Armstrong, et al v. Davis, et al

Filing 1807

ORDER Confirming Undisputed California Department of Corrections and Rehabilitation Attorney's Fees and Costs for the Third Quarter of 2010, and Confirming Resolution of Certain Attorney's Fees and Costs Incurred on Appeal. Signed by Judge Claudia Wilken on 12/21/2010. (Attachments: # 1 Exhibits A - C)(ndr, COURT STAFF) (Filed on 12/22/2010)

Armstrong, et al v. Davis, et al

Doc. 1807

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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 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 ORDER CONFIRMING UNDISPUTED CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION ATTORNEY'S FEES AND COSTS FOR THE THIRD QUARTER OF 2010, AND CONFIRMING RESOLUTION OF CERTAIN ATTORNEY'S FEES AND COSTS INCURRED ON APPEAL

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, on October 15, 2010 Plaintiffs served on Defendants their Third Quarterly Statement for 2010, by overnight delivery. Defendants responded on 1

[452589-1]

[PROPOSED] ORDER CONFIRMING UNDISPUTED CDCR ATTORNEY'S FEES & COSTS FOR 3D QUARTER OF 2010, & CONFIRMING RESOLUTION OF CERTAIN ATTORNEY'S FEES & COSTS INCURRED ON APPEAL, CASE NO. C94 2307 CW

Dockets.Justia.com

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December 9, 2010. The parties completed their meet-and-confer process on December 13, 2010 as to the number of hours and costs incurred, but not as to Plaintiffs' claim to 2010 hourly rates. Pursuant to the Stipulation and Order Re Procedure for Resolving Attorney's Fees Incurred on Appeal (Docket No. 1794, entered October 25, 2010), on December 13, 2010 the parties also met and conferred regarding Plaintiffs' claims to fees and expenses incurred in Ninth Circuit Case Nos. 07-17342 and 09-16716, which were transferred to this Court. As a result of the December 13, 2010 agreement, the parties agree to the following: The parties agree to the payment of $571,972.64 for undisputed fees and costs incurred during the Third Quarter of 2010, for monitoring and fee collection activities in the California Department of Corrections of Rehabilitation Division of Adult Operations and Adult Programs (CDCR AOAP) portion of the case. Attached hereto as Exhibit A are charts setting forth the fees and costs claimed by Plaintiffs and the amounts agreed to by the parties to settle these claims. Remaining in dispute is the difference between Plaintiffs' 2008 and 2010 rates for the undisputed hours incurred in Quarter Three of 2010, also reflected on Exhibit A. The parties agree to the payment of $161,346.60 for undisputed fees and costs incurred during the Third Quarter of 2010, for monitoring and fee collection activities in the Board of Parole Hearings (BPH) portion of the case. Attached hereto as Exhibit B are charts setting forth the fees and costs claimed by Plaintiffs and the amounts agreed to by the parties to settle these claims. Remaining in dispute is the difference between Plaintiffs' 2008 and 2010 rates for the undisputed hours incurred in Quarter Three of 2010, also reflected on Exhibit B. The parties agree to the payment of $59,381.45 for undisputed fees and costs incurred during the Third Quarter of 2010, for monitoring and fee collection activities in the Division of Adult Parole Operations (DAPO) portion of the case. Attached hereto as Exhibit C are charts setting forth the fees and costs claimed by Plaintiffs and the amounts agreed to by the parties to settle these claims. Remaining in dispute is the difference between Plaintiffs' 2008 and 2010 rates for the undisputed hours incurred in Quarter Three of 2010, also reflected on Exhibit C. 2

[452589-1]

[PROPOSED] ORDER CONFIRMING UNDISPUTED CDCR ATTORNEY'S FEES & COSTS FOR 3D QUARTER OF 2010, & CONFIRMING RESOLUTION OF CERTAIN ATTORNEY'S FEES & COSTS INCURRED ON APPEAL, CASE NO. C94 2307 CW

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The parties agree to the payment of $209,000.00 for the resolution of Plaintiffs' claims for Case Nos. 07-17342 and 09-16716. The parties also agree that the amount of $12,119.38 in fees incurred during the Second Quarter of 2010 was undisputed as a result of the parties' Second Quarter meet-and-confer process, but that this amount was inadvertently omitted from the Second Quarter Orders due to a calculation error and shall now be paid. IT IS HEREBY ORDERED that the amounts set forth above 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 November 18, 2010, accruing at the rate provided by 28 U.S.C. § 1961.

DATED: 12/22/2010 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 DATED: December 20, 2010

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

DATED: December 20, 2010

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[452589-1]

[PROPOSED] ORDER CONFIRMING UNDISPUTED CDCR ATTORNEY'S FEES & COSTS FOR 3D QUARTER OF 2010, & CONFIRMING RESOLUTION OF CERTAIN ATTORNEY'S FEES & COSTS INCURRED ON APPEAL, CASE NO. C94 2307 CW