Armstrong, et al v. Davis, et al

Filing 2623

ORDER by Judge Claudia Wilken Granting 2622 Stipulation Confirming Undisputed Attorneys' Fees and Costs for the First Quarter of 2016. (ndrS, COURT STAFF) (Filed on 6/15/2016)

1 DONALD SPECTER – 083925
CORENE KENDRICK – 226642
2 PENNY GODBOLD – 226925
PRISON LAW OFFICE
3 1917 Fifth Street
Berkeley, California 94710-1916
4 Telephone: [phone]
Facsimile: [phone]
5
LINDA D. KILB – 136101
6 DISABILITY RIGHTS EDUCATION &
DEFENSE FUND, INC.
7 3075 Adeline Street, Suite 201
Berkeley, California 94703
8 Telephone: [phone]
Facsimile: [phone]
9

GEOFFREY T. HOLTZ – 191370
MORGAN LEWIS & BOCKIUS LLP
One Market, Spear Street Tower
San Francisco, California 94105-1596
Telephone: [phone]
Facsimile: [phone]

MICHAEL W. BIEN – 096891
ERNEST GALVAN – 196065
GAY C. GRUNFELD – 121944
ROSEN BIEN GALVAN &
GRUNFELD LLPth
50 Fremont St, 19 Floor
San Francisco, California 94105
Telephone: [phone]
Facsimile: [phone]

10 Attorneys for Plaintiffs
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12

UNITED STATES DISTRICT COURT

13

NORTHERN DISTRICT OF CALIFORNIA, SAN FRANCISCO DIVISION

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15 JOHN ARMSTRONG, et al.,
Plaintiff,

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17

v.

Case No. C94 2307 CW
[PROPOSED] STIPULATED ORDER
CONFIRMING UNDISPUTED
ATTORNEYS’ FEES AND COSTS
FOR THE FIRST QUARTER OF 2016

18 EDMUND G. BROWN, JR., et al.,
Judge: Hon. Claudia Wilken
19

Defendant.

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[3007555-1]

[PROPOSED] STIPULATED ORDER CONFIRMING UNDISPUTED ATTORNEYS’ FEES AND COSTS FOR THE
FIRST QUARTER OF 2016

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 April 26, 2016 Plaintiffs served on Defendants

5 their First Quarterly Statement for 2016 by overnight delivery. The parties completed their
6 meet-and-confer process on June 10, 2016 as to the fees and costs incurred on all matters.
7

As a result of the June 10, 2016 agreement, the parties agree to the following:

8

The parties agree to the payment of $1,310,790.86 to resolve all fees and costs

9 incurred during the First Quarter of 2016, for monitoring and/or litigation activities in the
10 California Department of Corrections of Rehabilitation Division of Adult Operations and
11 Adult Programs (CDCR AOAP) portion of the case. Attached hereto as Exhibit A are
12 charts setting forth the fees and costs claimed by Plaintiffs and the amounts agreed to by
13 the parties to settle these claims.
14

The parties agree to the payment of $48,799.84 to resolve all fees and costs incurred

15 during the First Quarter of 2016, for monitoring and/or litigation activities in the Board of
16 Parole Hearings (BPH) portion of the case. Attached hereto as Exhibit B are charts setting
17 forth the fees and costs claimed by Plaintiffs and the amounts agreed to by the parties to
18 settle these claims.
19

The parties agree to the payment of $194,012.04 to resolve all fees and costs

20 incurred during the First Quarter of 2016, for monitoring and/or litigation activities in the
21 Division of Adult Parole Operations (DAPO) portion of the case. Attached hereto as
22 Exhibit C are charts setting forth the fees and costs claimed by Plaintiffs and the amounts
23 agreed to by the parties to settle these claims.
24

The parties agree to the payment of $13,711.32 to resolve all fees and costs incurred

25 during the First Quarter of 2016, for fees on fees. Attached hereto as Exhibit D are charts
26 setting forth the fees and costs claimed by Plaintiffs and the amounts agreed to by the
27 parties to settle these claims.
28 \\
[3007555-1]

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[PROPOSED] STIPULATED ORDER CONFIRMING UNDISPUTED ATTORNEYS’ FEES AND COSTS FOR THE
FIRST QUARTER OF 2016

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 27, 2016, accruing at the rate provided by 28 U.S.C. § 1961.
4
5 DATED: _____________________
6/15/2016
6
7
THE HONORABLE CLAUDIA WILKEN
UNITED STATES DISTRICT JUDGE

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10 APPROVED AS TO FORM:
11
12 DATED: June 14, 2016
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15 DATED: June 14, 2016
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/s/ Sharon A. Garske
Sharon A. Garske
Deputy Attorney General
Attorney for Defendants
/s/ Gay C. Grunfeld
Gay C. Grunfeld
Rosen Bien Galvan & Grunfeld LLP
Attorney for Plaintiffs

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[3007555-1]

2

[PROPOSED] STIPULATED ORDER CONFIRMING UNDISPUTED ATTORNEYS’ FEES AND COSTS FOR THE
FIRST QUARTER OF 2016

EXHIBIT A

Armstrong v. Brown
First Quarterly Statement of 2016
January 1, 2016 through March 31, 2016

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

UNDISPUTED FEES

UNDISPUTED COSTS

$1,274,050.70

$36,740.16

TOTAL:

$1,310,790.86

Armstrong v. Brown
First Quarterly Statement of 2016
January 1, 2016 through March 31, 2016
Matter: CDCR/AOAP Monitoring/Merits

Monitoring (581-3)

Actual
Hours

Claimed
Hours

2016
Rates

Total
Claimed Fees

Fees Now Owing Based On
Negotiated Compromise

ROSEN, BIEN, GALVAN & GRUNFELD
Michael W. Bien (MWB)
Gay C. Grunfeld (GCG)
Jane Kahn (JEK)
Thomas Nolan (TN)
Lisa Ells (LAE)
Blake Thompson (BT)
Michael Freedman (MLF)
Ben Bien-Kahn (BBK)
Krista Stone-Manista (KSM)
Christopher Hu (CDH)
Karen Stilber (KES)
Linda Woo (LHW)
F. Gail LaPurja (FGL)
Fely Villadelgado (FFV)
Greg Gonzalez (GZG)
Lauren Vandemortel (LWV)
Katherine Hamilton (KCH)
Charlotte Landes (CJL)
Kelly McGraw (KAM)
Sasha Beder-Schenker (SBS)
Total Hours:
Total RBGG Fees:

5.70
46.20
0.20
284.90
3.80
77.70
162.20
38.90
61.90
14.50
60.00
31.00
44.00
0.20
28.30
22.90
308.60
64.30
305.00
12.70
1,573.00

5.70
46.20
0.00
278.60
0.00
76.10
160.00
32.10
61.20
12.40
56.70
28.40
38.60
0.00
25.90
19.30
263.80
55.90
273.50
0.00
1,434.40

$900
$790
$700
$610
$600
$565
$545
$490
$490
$410
$300
$300
$275
$275
$275
$260
$230
$230
$230
$230

$5,130.00
$36,498.00
$0.00
$169,946.00
$0.00
$42,996.50
$87,200.00
$15,729.00
$29,988.00
$5,084.00
$17,010.00
$8,520.00
$10,615.00
$0.00
$7,122.50
$5,018.00
$60,674.00
$12,857.00
$62,905.00
$0.00

$4,873.50
$34,673.10
$0.00
$161,448.70
$0.00
$40,846.68
$82,840.00
$14,942.55
$28,488.60
$4,829.80
$16,159.50
$8,094.00
$10,084.25
$0.00
$6,766.38
$4,767.10
$57,640.30
$12,214.15
$59,759.75
$0.00

$577,293.00

$548,428.35

$67,050.00
$1,445.00
$178,500.00
$112,255.00
$83,265.00
$51,754.00
$31,425.00
$67,146.00
$52,925.00
$18,625.00
$11,525.00
$49,200.00
$13,450.00
$9,925.00
$14,875.00

$63,697.50
$1,372.75
$169,575.00
$106,642.25
$79,101.75
$49,166.30
$29,853.75
$63,788.70
$50,278.75
$17,693.75
$10,948.75
$46,740.00
$12,777.50
$9,428.75
$14,131.25

$763,365.00

$725,196.75

$448.00

$425.60

$448.00

$425.60

$1,341,106.00

$1,274,050.70

PRISON LAW OFFICE
Donald Specter (DS)
Steve Fama (SF)
Rebekah Evenson (RE)
Penny Godbold (PG)
Corene Kendrick (CK)
Kelly Knapp (KK)
Gwen Wu (GW)
Amber Norris (AN)
Anjuli Branz (AB)
Laura Graham (LG)
Isaac Da ke (ID)
Megan Lynch (ML)
Nora Searle (NS)
Liliana Paratore (LP)
Alex Kennedy (AK)
Total Hours:
Total PLO Fees:

74.50
1.70
255.00
172.70
128.10
91.60
83.80
216.60
211.70
74.50
46.10
164.00
53.80
39.70
59.50
1,673.30

74.50
1.70
255.00
172.70
128.10
91.60
83.80
216.60
211.70
74.50
46.10
164.00
53.80
39.70
59.50
1,673.30

$900
$850
$700
$650
$650
$565
$375
$310
$250
$250
$250
$300
$250
$250
$250

DISABILITY RIGHTS EDUCATION AND
DEFENSE FUND
Hongyu Min (HM)
Total Hours:
Total DREDF Fees:

TOTAL UNDISPUTED CDCR/AOAP
MONITORING FEES:

2.80
2.80

2.80
2.80

$160

Armstrong v. Brown
First Quarterly Statement of 2016
January 1, 2016 through March 31, 2016
Costs

Matter: CDCR/AOAP Merits/Monitoring
Total
Claimed Costs
$2,273.60
$2,205.81
$125.00
$213.45
$502.44
$11,950.93
$11.15

Costs Now Owing Based On
Negotiated Compromise
$2,159.92
$2,095.52
$118.75
$202.78
$477.32
$11,353.38
$10.59

$17,282.38

$16,418.26

$2,608.20
$729.24
$16,388.00
$1,449.45

$2,477.79
$692.78
$15,568.60
$1,376.98

$21,174.89

$20,116.15

$168.80
$47.78

$160.36
$45.39

Total DREDF Costs:

$216.58

$205.75

TOTAL UNDISPUTED CDCR/AOAP MERITS/MONITORING COSTS:

$38,673.85

$36,740.16

Rosen, Bien, Galvan & Grunfeld (581-3)
Photocopying (In house)
Photocopying/printing (Outside)
Translation services
Online Research - PACER, Westlaw
Postage & Delivery
Travel - Mileage, Tolls, Food
Telephone

Total RBGG Costs:
Prison Law Office
Photocopying (In house)
Translation services
Travel - Mileage, Tolls, Food
Postage & Delivery

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

EXHIBIT B

Armstrong v. Brown
First Quarterly Statement of 2016
January 1, 2016 through March 31, 2016

BPH SUMMARY OF UNDISPUTED FEES AND COSTS
MATTER
BPH

UNDISPUTED FEES

UNDISPUTED COST

$48,254.78

$545.06

TOTAL:

$48,799.84

Armstrong v. Brown
First Quarterly Statement of 2016
January 1, 2016 through March 31, 2016
Matter: BPH

BPH (581-4)

Actual
Hours

Claimed
Hours

2016
Rates

Total
Claimed Fees

Fees Now Owing Based On
Negotiated Compromise

BPH MONITORING (581-4)
ROSEN, BIEN, GALVAN & GRUNFELD
Gay C. Grunfeld (GCG)
Thomas Nolan (TN)
Blake Thompson (BT)
Margot K. Mendelson (MKM)
Katherine Hamilton (KCH)
Total Hours:
Total RBGG Fees:

0.10
0.40
21.20
18.80
7.40
47.90

0.10
0.00
19.90
18.30
0.00
38.30

$790
$610
$565
$490
$230

$79.00
$0.00
$11,243.50
$8,967.00
$0.00

$75.05
$0.00
$10,681.33
$8,518.65
$0.00

$20,289.50

$19,275.03

$19,725.00
$10,780.00

$18,738.75
$10,241.00

$30,505.00

$28,979.75

$50,794.50

$48,254.78

PRISON LAW OFFICE
Sara Norman (SN)
Rana Anabtawi (RA)
Total Hours:
Total PLO Fees:

TOTAL UNDISPUTED FEES FOR
BPH WORK:

26.30
22.00
26.30

26.30
22.00
26.30

$750
$490

Armstrong v. Brown
First Quarterly Statement of 2016
January 1, 2016 through March 31, 2016
Costs

Matter: BPH
Total
Claimed Costs
$182.20
$120.19

Costs Now Owing Based On
Negotiated Compromise
$173.09
$114.18

Total RBGG Costs:

$302.39

$287.27

$271.36

$257.79

Total PLO Costs:

$271.36

$257.79

TOTAL UNDISPUTED BPH COSTS:

$573.75

$545.06

Rosen, Bien, Galvan & Grunfeld (581-4)
Photocopying (In house)
Travel - Mileage, Tolls, Food

Prison Law Office
Travel - Mileage, Tolls, Food

EXHIBIT C

Armstrong v. Brown
First Quarterly Statement of 2016
January 1, 2016 through March 31, 2016

DAPO SUMMARY OF UNDISPUTED FEES AND COSTS
MATTER
DAPO MONITORING

UNDISPUTED FEES

UNDISPUTED COSTS

$189,999.53

$4,012.52

TOTAL:

$194,012.04

Armstrong v. Brown
First Quarterly Statement of 2016
January 1, 2016 through March 31, 2016
Matter: DAPO Monitoring

DAPO Monitoring (581-9)

Actual
Hours

Claimed
Hours

2016
Rates

Total
Claimed Fees

Fees Now Owing Based On
Negotiated Compromise

ROSEN, BIEN, GALVAN & GRUNFELD
Michael W. Bien (MWB)
Gay C. Grunfeld (GCG)
Ernest Galvan (EG)
Aaron Fischer (AJF)
Blake Thompson (BT)
Michael Freedman (MLF)
Benjamin Bien-Kahn (BBK)
Margot Mendelson (MKM)
Krista Stone-Manista (KSM)
Jenny Yelin (JSY)
Christopher Hu (CDH)
Karen Stilber (KES)
F. Gail LaPurja (FGL)
Kelly McGraw (KAM)
Katherine Hamilton (KCH)
Nathalie Welch (NCW)
Total Hours:
Total RBGG Fees:

TOTAL UNDISPUTED FOR DAPO
MONITORING WORK:

0.30
7.50
0.60
63.50
22.20
2.30
76.40
42.70
0.30
11.20
69.90
0.90
31.80
42.60
0.70
217.50
590.40

0.00
7.50
0.00
63.30
21.70
0.00
71.40
40.80
0.00
10.80
68.80
0.00
26.90
39.00
0.00
177.10
527.30

$900
$790
$740
$575
$565
$545
$490
$490
$490
$475
$410
$300
$275
$230
$230
$230

$0.00
$5,925.00
$0.00
$36,397.50
$12,260.50
$0.00
$34,986.00
$19,992.00
$0.00
$5,130.00
$28,208.00
$0.00
$7,397.50
$8,970.00
$0.00
$40,733.00

$0.00
$5,628.75
$0.00
$34,577.63
$11,647.48
$0.00
$33,236.70
$18,992.40
$0.00
$4,873.50
$26,797.60
$0.00
$7,027.63
$8,521.50
$0.00
$38,696.35

$199,999.50

$189,999.53

$199,999.50

$189,999.53

Armstrong v. Brown
First Quarterly Statement of 2016
January 1, 2016 through March 31, 2016
Costs

Matter: DAPO Monitoring
Total
Claimed Costs
$1,041.40
$357.69
$957.96
$8.40
$1,858.25

Costs Now Owing Based On
Negotiated Compromise
$989.33
$339.81
$910.06
$7.98
$1,765.34

Total RBGG Costs:

$4,223.70

$4,012.52

TOTAL UNDISPUTED DAPO MONITORING COSTS:

$4,223.70

$4,012.52

Rosen, Bien, Galvan & Grunfeld (581-9)
Photocopying (in-house)
Photocopying (outside)
Interpeting Services
Telephone
Travel - Mileage, Tolls, Food

EXHIBIT D

Armstrong v. Brown
First Quarterly Statement of 2016
January 1, 2016 through March 31, 2016

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

UNDISPUTED COSTS

$13,483.35

$227.97

TOTAL:

$13,711.32

Armstrong v. Brown
First Quarterly Statement of 2016
January 1, 2016 through March 31, 2016
Matter: All Matters Fees Work

Fees (581-2)

Actual
Hours

Claimed
Hours

2016
Rates

Total
Claimed Fees

Fees Now Owing Based On
Negotiated Compromise

ROSEN, BIEN, GALVAN & GRUNFELD
Gay C. Grunfeld (GCG)
Lisa Ells (LAE)
Aaron Fischer (AJF)
Blake Thompson (BT)
Benjamin Bien-Kahn (BBK)
F. Gail LaPurja (FGL)
Lauren Vandemortel (LWV)
Katherine Hamilton (KCH)
Total Hours:
Total RBGG Fees:

0.90
0.10
1.00
9.90
0.20
0.20
20.60
0.40
33.30

0.80
0.00
0.50
9.10
0.00
0.00
20.10
0.00
30.50

$790
$600
$575
$565
$490
$275
$260
$230

$632.00
$0.00
$287.50
$5,141.50
$0.00
$0.00
$5,226.00
$0.00

$600.40
$0.00
$273.13
$4,884.43
$0.00
$0.00
$4,964.70
$0.00

$11,287.00

$10,722.65

$1,470.00
$1,120.00

$1,396.50
$1,064.00

$2,590.00

$2,460.50

$316.00

$300.20

$316.00

$300.20

$14,193.00

$13,483.35

PRISON LAW OFFICE
2.1
5.6

Rebekah Evenson (RE)
Ashley Kirby (AK)
Total Hours:
Total PLO Fees:

2.1
5.6

7.70

7.70

$700
$200

DISABILITY RIGHTS EDUCATION AND
DEFENSE FUND
Linda Kilb (LDK)
Total Hours:
Total DREDF Fees:

TOTAL UNDISPUTED FEES FOR
ARMSTRONG FEES WORK:

0.40
0.40

0.40
0.40

$790

Armstrong v. Brown
First Quarterly Statement of 2016
January 1, 2016 through March 31, 2016
Costs

Matter: Fees Work in All Matters
Total
Claimed Costs
$207.20
$19.57

Costs Now Owing Based On
Negotiated Compromise
$196.84
$18.59

Total RBGG Costs:

$226.77

$215.43

$13.20

$12.54

Total DREDF Costs:

$13.20

$12.54

TOTAL UNDISPUTED FEES WORK COSTS :

$239.97

$227.97

Rosen, Bien, Galvan & Grunfeld (581-2)
Photocopying and Printing (in-house)
Postage & Delivery

Disability Rights Education & Defense Fund, Inc.
Photocopying (in-house)