Armstrong, et al v. Davis, et al

Filing 1942

ORDER Granting 1941 Proposed Order for Payment of Attorney's Fees for 2010 and the First Quarter of 2011, Pursuant to the Court's August 8, 2011 Order, with Exhibits A-D. Signed by Judge Claudia Wilken on 10/3/20112. (Attachments: # 1 Exhibits)(ndr, COURT STAFF) (Filed on 10/3/2011)

1 DONALD SPECTER – 083925
REBEKAH EVENSON – 207825
2 PRISON LAW OFFICE
1917 Fifth Street
3 Berkeley, California 94710-1916
Telephone: [phone]
4 Facsimile: [phone]

WARREN E. GEORGE – 053588
BINGHAM McCUTCHEN LLP
Three Embarcadero Center
San Francisco, California 94111-4066
Telephone: [phone]
Facsimile: [phone]

5 LINDA D. KILB – 136101
DISABILITY RIGHTS EDUCATION &
6 DEFENSE FUND, INC.
3075 Adeline Street, Suite 201
7 Berkeley, California 94703
Telephone: [phone]
8 Facsimile: [phone]

MICHAEL W. BIEN – 096891
KENNETH M. WALCZAK – 247389
ROSEN, BIEN & GALVAN, LLP
315 Montgomery Street, Tenth Floor
San Francisco, California 94104-1823
Telephone: [phone]
Facsimile: [phone]

9 Attorneys for Plaintiffs
10
11

UNITED STATES DISTRICT COURT

12

NORTHERN DISTRICT OF CALIFORNIA

13
14 JOHN ARMSTRONG, et al.,
Plaintiffs,
15
16

v.

17 EDMUND G. BROWN, JR., et al.,
Defendants.
18

Case No. C94 2307 CW
[PROPOSED] ORDER FOR
PAYMENT OF ATTORNEY’S FEES
FOR 2010 AND THE FIRST
QUARTER OF 2011, PURSUANT TO
THE COURT’S AUGUST 8, 2011
ORDER

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20

On August 8, 2011 the Court granted Plaintiffs’ motion to compel compensation at

21 their counsel’s reasonable 2010 hourly rates (Docket No. 1919). The Court decided that
22 “the requested hourly rates fall within the range of prevailing market rates in the Bay Area,
23 and [Defendants’] objection regarding the rate increases is not well-taken. Accordingly,
24 Plaintiffs’ counsel shall be compensated at the rates they requested for work completed in
25 2010. … Defendants shall pay the disputed amounts forthwith, with interest paid thereon,
26 as provided under 28 U.S.C. § 1961.” Id., 6:12-22.
27

Pursuant to the Court’s August 8, 2011 Order, Defendants are ordered to pay the

28 following principal amounts, plus interest:
[555636-1]

C94 2307 CW
1
[PROPOSED] ORDER CONFIRMING UNDISPUTED CALIFORNIA DEPARTMENT OF CORRECTIONS AND
REHABILITATION ATTORNEY’S FEES AND COSTS FOR THE FIRST QUARTER OF 2011

1

$ 432,940.94 for fees incurred during 2010 and the First Quarter of 2011, for

2 monitoring and fee collection activities in the California Department of Corrections of
3 Rehabilitation Division of Adult Operations and Adult Programs (CDCR AOAP) portion
4 of the case. Attached hereto as Exhibit A are charts setting forth the fees payable to
5 Plaintiffs for the undisputed hours incurred in these five Quarters. Remaining in dispute is
6 the difference between Plaintiffs’ 2010 and 2011 rates for the hours incurred in Quarter
7 One of 2011.
8

$ 151,550.55 for fees incurred during 2010 and the First Quarter of 2011, for

9 monitoring and fee collection activities in the Board of Parole Hearings (BPH) portion of
10 the case. Attached hereto as Exhibit B are charts setting forth the fees payable to
11 Plaintiffs for the undisputed hours incurred in these five Quarters. Remaining in dispute is
12 the difference between Plaintiffs’ 2010 and 2011 rates for the hours incurred in Quarter
13 One of 2011.
14

$ 49,006.54 for fees incurred during 2010 and the First Quarter of 2011, for

15 monitoring and fee collection activities in the Division of Adult Parole Operations (DAPO)
16 portion of the case. Attached hereto as Exhibit C are charts setting forth the fees payable
17 to Plaintiffs for the undisputed hours incurred in these five Quarters. Remaining in dispute
18 is the difference between Plaintiffs’ 2010 and 2011 rates for the hours incurred in Quarter
19 One of 2011.
20 //
21 //
22 //
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24 //
25 //
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27 //
28 //
[555636-1]

C94 2307 CW
2
[PROPOSED] ORDER CONFIRMING UNDISPUTED CALIFORNIA DEPARTMENT OF CORRECTIONS AND
REHABILITATION ATTORNEY’S FEES AND COSTS FOR THE FIRST QUARTER OF 2011

1

IT IS HEREBY ORDERED that the amounts set forth above are due and

2 collectable as of forty-five days from the date of entry of this Order. Interest on these fees
3 and costs will continue to run from the dates set forth in the chart attached as Exhibit D
4 hereto, accruing at the rate provided by 28 U.S.C. § 1961 (also shown on Exhibit D).
5

IT IS SO ORDERED.

10/3/2011
6 DATED: _____________________

7
8
THE HONORABLE CLAUDIA WILKEN
UNITED STATES DISTRICT JUDGE

9
10
11 APPROVED AS TO FORM:
12
13

s/ Jay Russell

DATED: September 30, 2011

Jay C. Russell
14 Deputy Attorney General
Attorney for Defendants
15
16
17

/s/ Kenneth Walczak

DATED: September 29, 2011

Kenneth M. Walczak
18 Rosen, Bien & Galvan, LLP
Attorneys for Plaintiffs
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25
26
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[555636-1]

C94 2307 CW
3
[PROPOSED] ORDER CONFIRMING UNDISPUTED CALIFORNIA DEPARTMENT OF CORRECTIONS AND
REHABILITATION ATTORNEY’S FEES AND COSTS FOR THE FIRST QUARTER OF 2011