Armstrong, et al v. Davis, et al

Filing 1946

ORDER Granting 1944 Stipulation Resolving Certain Disputed Attorney's Fees from the First Quarter of 2011, with Exhibit A. Signed by Judge Claudia Wilken on 10/5/2011. (Attachments: # 1 Exhibits)(ndr, COURT STAFF) (Filed on 10/5/2011)

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1 DONALD SPECTER – 083925 REBEKAH EVENSON – 207825 2 PRISON LAW OFFICE 1917 Fifth Street 3 Berkeley, California 94710-1916 Telephone: (510) 280-2621 4 Facsimile: (510) 280-2704 WARREN E. GEORGE – 053588 BINGHAM McCUTCHEN LLP Three Embarcadero Center San Francisco, California 94111-4066 Telephone: (415) 393-2000 Facsimile: (415) 393-2286 5 LINDA D. KILB – 136101 DISABILITY RIGHTS EDUCATION & 6 DEFENSE FUND, INC. 3075 Adeline Street, Suite 201 7 Berkeley, California 94703 Telephone: (510) 644-2555 8 Facsimile: (510) 841-8645 MICHAEL W. BIEN – 096891 ERNEST GALVAN – 196065 GAY CROSTHWAIT GRUNFELD – 121944 ROSEN, BIEN & GALVAN, LLP 315 Montgomery Street, Tenth Floor San Francisco, California 94104-1823 Telephone: (415) 433-6830 Facsimile: (415) 433-7104 9 Attorneys for Plaintiffs 10 11 UNITED STATES DISTRICT COURT 12 NORTHERN DISTRICT OF CALIFORNIA 13 JOHN ARMSTRONG, et al., 14 Plaintiffs, 15 v. 16 EDMUND G. BROWN, JR., et al., 17 Defendants.1 Case No. C94 2307 CW STIPULATION AND [PROPOSED] ORDER RESOLVING CERTAIN DISPUTED ATTORNEY’S FEES FROM THE FIRST QUARTER OF 2011 Judge: Hon. Claudia Wilken 18 19 20 21 22 23 24 25 26 27 28 [555917-1] 1 The names of Defendants currently serving and their capacities have been substituted pursuant to Fed. R. Civ. P. 25. C94 2307 CW STIPULATION AND [PROPOSED] ORDER RESOLVING CERTAIN DISPUTED ATTORNEY’S FEES FROM THE FIRST QUARTER OF 2011 1 On July 29, 2011, the Court approved the parties’ Stipulated Order confirming 2 Plaintiffs’ entitlement to undisputed attorney’s fees and costs for the first quarter of 2011. 3 See Docket No. 1909. In that order, the parties preserved their dispute over “the time spent 4 by Plaintiffs to litigate the pending rates dispute[.]” Id., 2:8-9. Plaintiffs prevailed in rate the dispute. On August 8, 2011 the Court granted 5 6 Plaintiffs’ motion to compel compensation at their counsel’s reasonable 2010 hourly rates 7 (Docket No. 1919). Accordingly, the parties agree that Plaintiffs’ counsel shall now be 8 compensated for the work done in the first quarter of 2011 to litigate that motion. The parties agree to the payment of $114,289.00 for Plaintiffs’ fee collection 9 10 activities related to the dispute over hourly rates in the first quarter of 2011. Attached 11 hereto as Exhibit A is a chart setting forth the undisputed hours and rates. Remaining in 12 dispute is the difference between Plaintiffs’ 2010 and 2011 rates for hours incurred in 13 Quarter One of 2011. 14 / / / 15 / / / 16 / / / 17 / / / 18 / / / 19 / / / 20 / / / 21 / / / 22 / / / 23 / / / 24 / / / 25 / / / 26 / / / 27 / / / 28 / / / [555917-1] C94 2307 CW 1 STIPULATION AND [PROPOSED] ORDER RESOLVING CERTAIN DISPUTED ATTORNEY’S FEES FROM 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 run from May 23, 2011, accruing at the rate provided by 28 U.S.C. § 1961. 4 IT IS SO ORDERED. 5 10/5/2011 6 DATED: _____________________ 7 8 THE HONORABLE CLAUDIA WILKEN UNITED STATES DISTRICT JUDGE 9 10 11 APPROVED AS TO FORM: 12 13 /s/ Scott Feudale DATED: October 4, 2011 14 Scott J. Feudale Deputy Attorney General 15 Attorney for Defendants 16 17 /s/ Kenneth Walczak DATED: September 30, 2011 18 Kenneth M. Walczak Rosen, Bien & Galvan, LLP 19 Attorneys for Plaintiffs 20 21 22 23 24 25 26 27 28 [555917-1] C94 2307 CW 2 STIPULATION AND [PROPOSED] ORDER RESOLVING CERTAIN DISPUTED ATTORNEY’S FEES FROM THE FIRST QUARTER OF 2011

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