Armstrong, et al v. Davis, et al

Filing 2511

STIPULATED ORDER CONFIRMING UNDISPUTED ATTORNEYS' FEES AND COSTS FOR THE FOURTH QUARTER OF 2014. Signed by Judge Claudia Wilken on 3/27/2015. (mklS, COURT STAFF) (Filed on 3/27/2015)

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

GEOFFREY T. HOLTZ – 191370
MORGAN LEWIS & BOCKIUS LLP
One Market, Spear Street Tower
San Francisco, California 94105-1596
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 C. GRUNFELD – 121944
BLAKE THOMPSON – 255600
MICHAEL FREEDMAN – 262850
ROSEN BIEN GALVAN &
GRUNFELD LLP
315 Montgomery Street, Tenth Floor
San Francisco, California 94104-1823
Telephone: [phone]
Facsimile: [phone]

9
10
11 Attorneys for Plaintiffs
12
13

UNITED STATES DISTRICT COURT

14

NORTHERN DISTRICT OF CALIFORNIA

15
JOHN ARMSTRONG, et al.,

Case No. C94 2307 CW

16
Plaintiffs,
17
v.
18
EDMUND G. BROWN, JR., et al.,

[PROPOSED] STIPULATED ORDER
CONFIRMING UNDISPUTED
ATTORNEYS’ FEES AND COSTS
FOR THE FOURTH QUARTER OF
2014

19
Defendants.

Judge: Hon. Claudia Wilken

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[2654044-1]

[PROPOSED] STIPULATED ORDER CONFIRMING UNDISPUTED ATTORNEYS’ FEES AND COSTS FOR THE
FOURTH QUARTER OF 2014

1

On March 26, 1997, the District Court established procedures by which Plaintiffs

2 are to collect periodic attorneys’ fees and costs in this case in connection with their work
3 monitoring Defendants’ compliance with the Court’s Orders and collecting fees.
4

Pursuant to these procedures, on January 28, 2015, Plaintiffs served on Defendants

5 their Fourth Quarterly Statement for 2014 by overnight delivery. The parties completed
6 their meet-and-confer process on March 24, 2015 as to the fees and costs incurred on all
7 matters.
8

As a result of the March 24, 2015 agreement, the parties agree to the following:

9

The parties agree to the payment of $950,580.12 to resolve all fees and costs

10 incurred during the Fourth Quarter of 2014, for monitoring and/or litigation activities in
11 the California Department of Corrections of Rehabilitation Division of Adult Operations
12 and Adult Programs (CDCR AOAP) portion of the case. Attached hereto as Exhibit A are
13 charts setting forth the fees and costs claimed by Plaintiffs and the amounts agreed to by
14 the parties to settle these claims.
15

The parties agree to the payment of $28,932.41 to resolve all fees and costs incurred

16 during the Fourth Quarter of 2014, for monitoring and/or litigation activities in the Board
17 of Parole Hearings (BPH) portion of the case. Attached hereto as Exhibit B are charts
18 setting forth the fees and costs claimed by Plaintiffs and the amounts agreed to by the
19 parties to settle these claims.
20

The parties agree to the payment of $201,125.59 to resolve all fees and costs

21 incurred during the Fourth Quarter of 2014, for monitoring and/or litigation activities in
22 the Division of Adult Parole Operations (DAPO) portion of the case. Attached hereto as
23 Exhibit C are charts setting forth the fees and costs claimed by Plaintiffs and the amounts
24 agreed to by the parties to settle these claims.
25

The parties agree to the payment of $9,741.87 to resolve all fees and costs incurred

26 during the Fourth Quarter of 2014, for fees on fees. Attached hereto as Exhibit D are
27 charts setting forth the fees and costs claimed by Plaintiffs and the amounts agreed to by
28 the parties to settle these claims.
[2654044-1]

1

[PROPOSED] STIPULATED ORDER CONFIRMING UNDISPUTED ATTORNEYS’ FEES AND COSTS FOR THE
FOURTH QUARTER OF 2014

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 March 2, 2015, accruing at the rate provided by 28 U.S.C. § 1961.
March 27, 2015
4 DATED: _____________________

5
6
THE HONORABLE CLAUDIA WILKEN
UNITED STATES DISTRICT JUDGE

7
8
9 APPROVED AS TO FORM:
10
11 DATED: March 26, 2015
12
13
14 DATED: March 25, 2015
15
16

s/Edward R. Fluet
Edward R. Fluet
Deputy Attorney General
Attorney for Defendants
s/Gay Crosthwait Grunfeld
Gay Crosthwait Grunfeld
Rosen Bien Galvan & Grunfeld LLP
Attorneys for Plaintiffs

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[2654044-1]

2

[PROPOSED] STIPULATED ORDER CONFIRMING UNDISPUTED ATTORNEYS’ FEES AND COSTS FOR THE
FOURTH QUARTER OF 2014

Armstrong v. Brown
Fourth Quarterly Statement of 2014
October 1, 2014 through December 31, 2014

CDCR/AOAP SUMMARY OF UNDISPUTED FEES AND COSTS
MATTER
CDCR/AOAP MONITORING

UNDISPUTED FEES

UNDISPUTED COSTS

$922,720.80

$27,859.32

TOTAL:

$950,580.12

Armstrong v. Brown
Fourth Quarterly Statement of 2014
October 1, 2014 through December 31, 2014
Maifer. CDCR/AOAP Monitoring/Merits

Monitoring(581-3)

Actual

PRISON LAW OFFICE
Donald Specter(DS)
Steve Fama (SF)
Sara Norman (SN)
Rebekah Evenson (RE)
Penny Godbold (PG)
Corene Kendrick (CK)
Kelly Knapp(KK)
Amber Norris(AN)
Megan Lynch (ML)
Nora Searle(NS)
John Bonacorsi (JB)
Joyce de la Pena (JP)
Sarah Hopkins(SH)
Viviana Arcia (VA)
Total Hours:

2014

Hours

ROSEN. BIEN. GALVAN 8~ GRUNFELD
Michael W. Bien(MWB)
Gay C. Grunfeld (GCG)
Ernest Galvan (EG)
Thomas Nolan (TN)
Lisa Ells(LAE)
Aaron Fischer(AJF)
Blake Thompson (BT)
Michael Freedman (MLF)
Benjamin Bien-Kahn (BBK)
Krista Stone-Manista (KSM)
Kevin Jones(KEJ)
Rolayn Tauben (RLT)
Karen Stilber(KES)
Diana Gama(DAG)
Lauren Vandemortel(LWV)
Haruka Roudebush (HR)
Doris Tseng (DT)
Greg Gonzalez(GZG)
Lucy Taylor(LRT)
Total Hours:
RBGG UNDISPUTED FEES:

Claimed
Hours

Rates

6.40
15.30
1.20
164.80
101.50
0.20
104.80
127.80
0.20
98.90
0.10
122.40
57.10
18.90
6.80
350.70
2.50
2.00
181.30
1362.90

6.40
15.30
1.20
164.80
96.60
0.20
102.80
126.10
0.00
98.70
0.00
109.50
56.50
18.70
6.80
331.60
0.00
0.00
166.80
1302.00

$800
$675
$650
$550
$470
$460
$450
$440
$410
$410
$290
$290
$270
$230
$215
$230
$230
$230
$230

Fees Now Owing
Based on
Negotiated
Compromise
Claimed Fees
Total

$5,120.00
$10,327.50
$780.00
$90,640.00
$45,402.00
$92.00
$46,260.00
$55,484.00
$0.00
$40,467.00
$0.00
$31,755.00
$15,255.00
$4,301.00
$1,462.00
$76,268.00
$0.00
$0.00
$38,364.00
$461,977.50

$443,498.40

14.80
24.30
0.90
193.60
116.70
124.60
143.10
286.30
83.00
143.30
56.10
60.90
50.10
25.10
1322.80

14.80
24.30
0.90
193.60
116.70
124.60
143.10
286.30
83.00
143.30
56.10
60.90
50.10
25.10
1322.80

$800
$745
$620
$570
$490
$490
$450
$260
$240
$240
$240
$240
$240
$240

$11,840.00
$18,103.50
$558.00
$110,352.00
$57,183.00
$61,054.00
$64,395.00
$74,438.00
$19,920.00
$34,392.00
$13,464.00
$14,616.00
$12,024.00
6$ ,024.00
$498,363.50

TOTAL UNDISPUTED CDCR/AOAP
MONITORING FEES:

$11,366.40
$17,379.36
$535.68
$105,937.92
$54,895.68
$58,611.84
$61,819.20
$71,460.48
$19,123.20
$33,016.32
$12,925.44
$14,031.36
$11,543.04
5 783.04
$478,428.96

PLO UNDISPUTED FEES:
DISABILITY RIGHTS EDUCATION
AND DEFENSE FUND
Linda Kilb (LDK)
Hongyu Min (HM)
Total Hours:
DREDF UNDISPUTED FEES:

$4,915.20
$9,914.40
$748.80
$87,014.40
$43,585.92
$88.32
$44,409.60
$53,264.64
$0.00
$38,848.32
$0.00
$30,484.80
$14,644.80
$4,128.96
$1,403.52
$73,217.28
$0.00
$0.00
$36,829.44

0.60
2.70
3.30

0.60
2.70
3.30

$725
$145

$435.00
3$ 91.50
$826.50

$417.60
375.84
$793.44

$922,720.80

Armstrong v. Brown
Fourth Quarterly Statement of 2014
October 1, 2014 through December 31, 2014
Costs

/Monitorin_q
Matter: CDCR/AOAP Merits
Rosen. Bien. Galvan 8 Grunfeld (581-3
Photocopying (In house)
Photocopying (Outside)
Online Research -PACER
Postage &Delivery
Travel - Mileage, Tolls, Food
Telephone

Claimed Costs
$1,603.00
$2,174.01
$7.30
$639.68
$9,284.25
8.45
$13,716.69
Total RBGG Costs:

Withdrawn by Undisputed Costs Now
Owing
Plaintiffs
$64.12
$1,538.88
$2,087.05
$86.96
$7.01
$0.29
$614.09
$25.59
$371.37
$8,912.88
8.11
0.34
$548.67
$13,168.02

Claimed Costs
$1,413.20
$2,309.50
$1,185.96
$9,224.29
964.64
$15,097.59
Total PLO Costs:

Withdrawn by Undisputed Costs Now
Owing
Plaintiffs
$1,356.67
$56.53
$2,217.12
$92.38
$1,138.52
$47.44
$8,855.32
$368.97
926.05
38.59
$14,493.69
$603.90

Claimed Costs
$160.60
$40.45
4.80
$205.85
Total DREDF Costs:

Withdrawn by Undisputed Undisputed
Costs Now Owing
Plaintiffs
$6.42
$154.18
$38.83
$1.62
4.61
0.19
$197.62
$8.23

Prison Law Office
Photocopying (In house)
expert Services
Postage &Delivery
Travel - Mileage, Tolls, Food
Interpreting and Translation Services

Disability Rights Education &Defense Fund, Inc.
Photocopying (in-house)
Postage &Delivery
Online Research -PACER

TOTAL UNDISPUTED CDCR/AOAP MERITS/MONITORING

$27,859.32

Armstrong v. Brown
Fourth Quarterly Statement of 2014
October 1, 2014 through December 31, 2014

BPH SUMMARY OF UNDISPUTED FEES AND COSTS
MATTER
BPH

UNDISPUTED FEES

UNDISPUTED COSTS

$28,051.68

$880.73

TOTAL:

$28,932.41

Armstrong v. Brown
Fourth Quarterly Statement of 2014
October 1, 2014 through December 31, 2014

Matter: BPH

BPH(581-4)

Actual

Claimed

2014

Hours

Hours

Rates

Fees Now Owing
Total
Based on
Negotiated
Compromise
Claimed Fees

BPH MONITORING(581-4
ROSEN. BIEN. GALVAN & GRUNFELD
Gay C. Grunfeld (GCG)
Blake Thompson (BT)
Rolayn Tauben (RLT)

0.10
18.00
0.80

0.10
18.00
0.70

Total Hours:

18.90

18.80

$675
$450
$290

$67.50
$8,100.00
203.00

$8,370.50
$8,035.68

RBGG UNDISPUTED FEES:
PRISON LAW OFFICE
Sara Norman (SN)
Rana Anabtawi(RA)
Total Hours:

PLO UNDISPUTED FEES:

TOTAL UNDISPUTED FEES FOR
BPH WORK:

$64.80
$7,776.00
194.88

0.30
50.40
50.70

0.30
50.40
50.70

$620
$410

$186.00
$20,664.00

$178.56
$19,837.44

$20,850.00
$20,016.00

$28,051.68

Armstrong v. Brown
Fourth Quarterly Statement of 2014
October 1, 2014 through December 31, 2014
Costs

Rosen, Bien, Galvan

&

Matter: BPH
Grunfeld 1581-4)

Telephone
Travel - Mileage, Tolls, Food

Claimed Costs
$2.25
81.20
$83.45
Total RBGG Costs:

Prison Law Office
Travel - Mileage, Tolls, Food
Total PLO Costs:
TOTAL UNDISPUTED BPH COSTS:

8$ 33.98
$833.98

Withdrawn by Undisputed Costs Now
Owing
Plaintiffs
$2.16
$0.09
3.25
77.95
$3.34
$80.11

33.36
$33.36

800.62
$800.62
$880.73

Armstrong v. Brown
Fourth Quarterly Statement of 2014
October 1, 2014 through December 31, 2014

DAPO SUMMARY OF UNDISPUTED FEES AND COSTS
MATTER
DAPO MONITORING

UNDISPUTED FEES

UNDISPUTED COSTS

$196,315.68

$4,809.91

TOTAL:

$201,125.59

Armstrong v. Brown
Fourth Quarterly Statement of 2014
October 1, 2014 through December 31, 2014
Matter: DAPO Monitoring

Claimed

2014

Hours

DAPO Monitorinp(581-9)

Actual

Hours

Rates

Fees Now Owing
Based on
Negotiated
Compromise
Claimed Fees
Total

ROSEN. BIEN. GALVAN 8~ GRUNFELD
Michael Bien(MWB)
Gay C. Grunfeld (GCG)
Ernest Galvan (EG)
Tom Nolan (TN)
Lisa Ells (LAE)
Aaron Fischer (AJF)
Blake Thompson (BT)
Michael Freedman (MLF)
Benjamin Bien-Kahn (BBK)
Margot Mendelson (MKM)
Jennifer Stark (JLS)
Jenny Yelin (JSY)
Rolayn Tauben (RLT)
Kevin Jones (KJ)
Karen Stilber(KES)
Lucy Taylor(LRT)
Diana Gama(DAG)
Haruka Roudebush (HR)

Total Hours:
RBGG UNDISPUTED FEES:
MORGAN LEWIS
Cameron Saul(CS)
Total Hours:

ML UNDISPUTED FEES:

TOTAL UNDISPUTED FOR DAPO
MONITORING WORK:.

0.60
15.10
0.70
0.10
0.20
74.40
16.20
10.10
134.60
25.10
0.80
98.40
42.00
0.40
0.80
70.90
93.10
1.40
584.90

0.60
15.10
0.70
0.00
0.00
73.70
15.70
10.10
130.90
23.90
0.00
98.20
27.80
0.00
0.00
68.50
62.10
0.00
527.30

$800
$675
$650
$550
$470
$460
$450
$440
$410
$410
$410
$390
$290
$290
$270
$230
$230
$230

$480.00
$10,192.50
$455.00
$0.00
$0.00
$33,902.00
$7,065.00
$4,444.00
$53,669.00
$9,799.00
$0.00
$38,298.00
$8,062.00
$0.00
$0.00
$15,755.00
$14,283.00
0.00
$196,404.50

$460.80
$9,784.80

$436.80
$0.00
$0.00
$32,545.92
$6,782.40
$4,266.24
$51,522.24
$9,407.04
$0.00
$36,766.08
$7,739.52
$0.00
$0.00
$15,124.80
$13,711.68
0.00
$188,548.32

17.40
17.40

17.40
17.40

$465

8 091.00
$8,091.00

7 767.36
$7,767.36

$196,315.68

Armstrong v. Brown
Fourth Quarterly Statement of 2014
October 1, 2014 through December 31, 2014

Costs

Matter: DAPO Monitorin_q
Claimed Costs

Rosen, Bien, Galvan & Grunfeld (581-9)
Photocopying (in-house)
Photocopying (outside)
Lexis/Westlaw
Online Research -PACER and Legislative History
Postage &Delivery
Telephone
Travel - Mileage, Tolls, Food

Total RBGG Costs:
Morgan. Lewis & Bockius LLP

$1,143.00
$137.82
$47.25
$21.10
$191.88
$7.40
3 196.87
$4,745.32

Claimed Costs

Photocopying (in-house)
Travel - Mileage, Tolls, Food

Total ML Costs:
TOTAL UNDISPUTED DAPO MONITORING COSTS:

$44.00
221.00
$265.00

Withdrawn by
Plaintiffs
$45.72
$5.51
$1.89
$0.84
$7.68
$0.30
127.87
$189.81

Withdrawn by
Plaintiffs
$1.76
8.84
$10.60

Undisputed Costs Now
Owing
$1,097.28
$132.31
$45.36
$20.26
$184.20
$7.10
3 069.00

$4,555.51
Undisputed Costs Now
Owing
$42.24
212.16

$254.40
$4,809.91

Armstrong v. Brown
Fourth Quarterly Statement of 2014
October 1, 2014 through December 31, 2014

SUMMARY OF UNDISPUTED FEES WORK AND COSTS
UNDISPUTED FEES
FEES WORK (ALL MATTERS)

UNDISPUTED COSTS

$9,510.24

$231.63

TOTAL:

$9,741.87

Armstrong v. Brown
Fourth Quarterly Statement of 2014
October 1, 2014 through December 31, 2014
Mafter: All Matters Fees Work

Fees Now Owing
Fees(581-2)

Actual

Hours

Claimed

Hours

2014

Rates

Total

Based on

Claimed Fees

Negotiated
Compromise

ROSEN, BIEN, GALVAN 8~ GRUNFELD
Gay C. Grunfeld (GCG)
Lisa Ells (LAE)
Blake Thompson (BT)
Kevin Jones(KEJ)
Glenn Baldwin (GMB)
Lauren Vandemortel(LWV)
Total Hours:
RBGG UNDISPUTED FEES:
PRISON LAW OFFICE
Rebekah Evenson (RE)
Edie DeGraff(ED)

0.70
0.20
8.30
0.20
1.30
25.60
10.70

0.70
0.00
8.30
0.00
0.00
14.90
9.00

$675
$470
$450
$290
$230
$215

$472.50
$0.00
$3,735.00
$0.00
$0.00
3 203.50
$7,411.00

$453.60
$0.00
$3,585.60
$0.00
$0.00
3 075.36

$7,114.56

0.8
Total Hours:

0.8

$570

$456.00

$437.76

7.30

7.30

$190

1387.00

1 331.52

8.10

8.10

$1,843.00
$1,769.28

PLO UNDISPUTED FEES:
DISABILITY RIGHTS EDUCATION AND
DEFENSE FUND
Linda Kilb (LDK)
Total Hours:
DREDF UNDISPUTED FEES:

TOTAL UNDISPUTED FEES FOR
ARMSTRONG FEES WORK:

0.90
0.90

0.90
0.90

$725

652.50
$652.50

626.40
$626.40

$9,510.24

Armstrong v. Brown
Fourth Quarterly Statement of 2014
October 1, 2014 through December 31, 2014
Costs

Matter: Fees Work in All Matters
Rosen, Bien, Galvan 8~ Grunfeld (581-2)
Claimed Costs
Photocopying and Printing (in-house)
Online Research -PACER

Undisputed Costs Now
Owing

$179.20
$25.50

Postage &Delivery
Total RBGG Costs:
Disability Rights Education 8~ Defense Fund, Inc.
Photocopying (in-house)

Withdrawn by
Plaintiffs
$7.17
$1.02

$172.03
$24.48

29.58
$234.28

1.18
$9.37

28.40
$224.91

Claimed Costs
7.00
$7.00
Total DREDF Costs:

TOTAL UNISPUTED FEES WORK COSTS :

Withdrawn by Undisputed Undisputed
Plaintiffs
Costs Now Owing
0.28
6.72
$0.28
$6.72

$231.63