Prison Legal News v. Schwarzenegger et al

Filing 81

ORDER Granting 80 Stipulation RE SETTLEMENT OF PLAINTIFF'S MOTION FOR ATTORNEYS' FEES AND COSTS. Signed by Judge Claudia Wilken on 12/22/2010. (ndr, COURT STAFF) (Filed on 12/22/2010)

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Prison Legal News v. Schwarzenegger et al Doc. 81 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EDMUND G. BROWN JR. Attorney General of California MICHAEL W. JORGENSON Supervising Deputy Attorney General EMILY L. BRINKMAN Deputy Attorney General State Bar No. 219400 455 Golden Gate Avenue, Suite 11000 San Francisco, CA 94102-7004 Telephone: (415) 703-5742 Fax: (415) 703-5843 E-mail: Emily.Brinkman@doj.ca.gov Attorneys for Defendants Schwarzenegger, Tilton, Prunty, Kessler, Chrones, and Montes IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION PRISON LEGAL NEWS, C 07-2058 CW Plaintiff, STIPULATION AND [PROPOSED] ORDER RE SETTLEMENT OF PLAINTIFF'S MOTION FOR ATTORNEYS' FEES AND COSTS No hearing following Court's September 30, 2010 Order v. ARNOLD SCHWARZENEGGER, et al., Defendants. The parties, through their counsel of record, stipulate to the following regarding Plaintiff's August 23, 2010 motion for attorneys' fees and expenses seeking $205,716.05 for work through July 31, 2010 pertaining to Defendants' appeal to the United States Court of Appeals for the Ninth Circuit in this matter, reported at 608 F.3d 446 (9th Cir. 2010): 1. The California Department of Corrections and Rehabilitation shall pay Prison Legal News $185,000 for all attorneys' fees and expenses claimed by the August 23, 2010 motion. 1 Stip. & [Proposed] Order Re Plaintiff's Mot. For Atty. Fees & Costs (C 07-2058 CW) Dockets.Justia.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2. Payment of the settlement amount shall be made as soon reasonably possible, with interest accruing forty-five (45) days after the District Court's entry of the stipulation and order. Interest will be calculated following 28 U.S.C. 1961, at a rate equal to the weekly average 1year constant maturity Treasury yield, as published by the Board of Governors of the Federal Reserve System. 3. Plaintiff agrees to fully discharge and release all claims and causes of action, whether known or unknown, against Defendants claimed by the August 23, 2010 attorneys' fees and cost motion. 4. All further briefing for the August 23, 2010 motion is vacated. Dated: December 20, 2010_ /s/ Emily L. Brinkman__________ Emily L. Brinkman Deputy Attorney General for Defendants Schwarzenegger, Tilton, Prunty, Kessler, Chrones, and Montes Dated:_December 20, 2010____ /s/ Sanford Jay Rosen________ Sanford Jay Rosen Attorney for Plaintiff Prison Legal News IT IS SO ORDERED. Dated:____12/22/2010_____ _________ ____________________________ Honorable Claudia Wilken U.S. District Court Judge 2 Stip. & [Proposed] Order Re Plaintiff's Mot. For Atty. Fees & Costs (C 07-2058 CW)

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