Armstrong, et al v. Davis, et al

Filing 1961

ORDER Granting 1960 Proposed Order. Signed by Judge Claudia Wilken on 11/1/2011. (Attachments: # 1 Exhibits)(ndr, COURT STAFF) (Filed on 11/1/2011)

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
ERNEST GALVAN – 196065
GAY CROSTHWAIT GRUNFELD – 121944
ROSEN, BIEN & GALVAN, LLP
315 Montgomery Street, Tenth Floor
San Francisco, California 94104-1823
Telephone: [phone]
Facsimile: [phone]

9 Attorneys for Plaintiffs
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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14 JOHN ARMSTRONG, et al.,
Plaintiffs,

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v.

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Case No. C94 2307 CW
ORDER FOR PAYMENT OF
ATTORNEY’S FEES FOR THE FIRST
TWO QUARTERS OF 2011 AT 2011
RATES

17 EDMUND G. BROWN, JR., et al.,
Defendants.1

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[564960-1]

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The names of Defendants currently serving and their capacities have been substituted
pursuant to Fed. R. Civ. P. 25.
C94 2307 CW
[PROPOSED] ORDER FOR PAYMENT OF ATTORNEY’S FEES FOR THE FIRST TWO QUARTERS OF 2011 AT
2011 RATES

1

On April 26, 2011, Plaintiffs served their first quarterly statement of the year and

2 provided Defendants with their 2011 hourly rates. Since service of the first quarterly
3 statement, the parties have met and conferred over the reasonable rate for 2011 work. A
4 motion to compel Plaintiffs’ 2011 rates is currently due to be filed with the Court on
5 November 18, 2011. The parties have now agreed upon Plaintiffs’ 2011 rates. Pursuant to
6 this agreement, Defendants are ordered to pay the following principal amounts, plus
7 interest for the undisputed 2011 hours:
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•

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$55,091.50 for fees incurred the First Quarter of 2011, for monitoring and
fee collection activities in the California Department of Corrections of

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Rehabilitation Division of Adult Operations and Adult Programs (CDCR

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AOAP), Board of Parole Hearings (BPH), and Division of Adult Parole

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Operations (DAPO) portions of the case. Attached hereto as Exhibit A are

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charts setting forth the fees payable to Plaintiffs for the difference between

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the amounts previously ordered at 2010 rates and their 2011 rates for these

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hours.

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•

$5,535.00 for fees incurred the First Quarter of 2011, at 2011 rates, for hours

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ordered at 2010 rates in connection with the Motion to Compel 2010 rates.

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Attached hereto as Exhibit B is a chart setting forth the difference between

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the amount previously ordered to be paid for this portion of the work at 2010

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rates and the amount owed at 2011 rates.

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$74,380.90 for fees incurred during the Second Quarter of 2011, for

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Corrections of Rehabilitation Division of Adult Operations and Adult

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Programs (CDCR AOAP), Board of Parole Hearings (BPH), and Division of

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Adult Parole Operations (DAPO) portions of the case. Attached hereto as

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Exhibit C are charts setting forth the fees payable to Plaintiffs for the

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difference between the amounts previously ordered at 2010 rates and their

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[564960-1]

monitoring and fee collection activities in the California Department of

2011 rates for these hours.
C94 2307 CW
1
[PROPOSED] ORDER FOR PAYMENT OF ATTORNEY’S FEES FOR THE FIRST TWO QUARTERS OF 2011 AT
2011 RATES

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.

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11/1/2011
7 DATED: _____________________

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THE HONORABLE CLAUDIA WILKEN
UNITED STATES DISTRICT JUDGE

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12 APPROVED AS TO FORM:
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Jay C. Russell
Jay C. Russell
15 Deputy Attorney General
Attorney for Defendants
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DATED: October 31, 2011

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Gay Crosthwait Grunfeld
Gay Crosthwait Grunfeld
19 Rosen, Bien & Galvan, LLP
Attorneys for Plaintiffs
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DATED: October 31, 2011

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[564960-1]

C94 2307 CW
2
[PROPOSED] ORDER FOR PAYMENT OF ATTORNEY’S FEES FOR THE FIRST TWO QUARTERS OF 2011 AT
2011 RATES