Dragovich et al v. United States Department of the Treasury et al

Filing 198

ORDER by Judge Claudia Wilken Granting 197 Stipulation Regarding Plaintiffs' Motion for Reasonable Attorneys' Fees, Costs, and Expenses. (ndr, COURT STAFF) (Filed on 1/28/2015)

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William C. McNeill, III, State Bar No. 64392
Elizabeth Kristen, State Bar No. 218227
LEGAL AID SOCIETYEMPLOYMENT LAW CENTER
180 Montgomery Street, Suite 600
San Francisco, CA 94104
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]
Daniel S. Mason, State Bar No. 54065
Patrick Clayton, State Bar No. 240191
ZELLE HOFMANN VOELBEL & MASON LLP
44 Montgomery Street, Suite 3400
San Francisco, CA 94104
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

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Attorneys for Plaintiffs
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA (OAKLAND DIVISION)

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MICHAEL DRAGOVICH, MICHAEL
Case No. 4:10-cv-01564-CW
GAITLEY, ELIZABETH LITTERAL,
PATRICIA FITZSIMMONS, CAROLYN
LIGHT, CHERYL LIGHT, DAVID BEERS,
CHARLES COLE, RAFAEL V. DOMINGUEZ,
Assigned to the Hon. Claudia Wilken
and JOSE G. HERMOSILLO, on behalf of
themselves and all others similarly situated,
Plaintiffs,
v.
UNITED STATES DEPARTMENT OF THE
TREASURY, TIMOTHY GEITHNER, in his
official capacity as Secretary of the Treasury,
United States Department of the Treasury,
INTERNAL REVENUE SERVICE, DOUGLAS
SHULMAN, in his official capacity as
Commissioner of the Internal Revenue Service,
BOARD OF ADMINISTRATION OF
CALIFORNIA PUBLIC EMPLOYEES’
RETIREMENT SYSTEM, and ANNE
STAUSBOLL, in her official capacity as Chief
Executive Officer, CalPERS,

JOINT STIPULATION AND PROPOSED
ORDER REGARDING PLAINTIFFS’
MOTION FOR REASONABLE
ATTORNEYS’ FEES, COSTS
AND EXPENSES

Defendants.

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4:10-cv-01564-CW
Stipulation and [Proposed] Order Re Plaintiffs’ Motion for Reasonable Attorneys’ Fees

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WHEREAS, on December 12, 2014, Plaintiffs filed a Joint Stipulation and

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Proposed Order are seeking additional time within which to file their motion for

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reasonable attorneys’ fees, costs and expenses and setting a briefing schedule;

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WHEREAS, on December 15, 2014, this Court entered an order granting
Plaintiffs additional time and setting a briefing schedule;

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WHEREAS, Plaintiffs’ opening brief is due January 30, 2015;

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WHEREAS, on January 19, 2015, Plaintiffs’ counsel emailed Defendants’

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counsel asking to meet and confer pursuant to Local Rule 54-5(a);
WHEREAS, on January 22, 2015, counsel for Plaintiffs, the federal Defendants

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and the state Defendants met and conferred telephonically. During this productive phone

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call, the parties agreed to further discuss Plaintiffs’ attorneys’ fees, costs and expenses

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once Plaintiffs’ counsel could provide a more detailed breakdown of fees, costs and

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expenses to Defendants;

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WHEREAS, both counsel for federal and state Defendants indicated that they
would stipulate to more time for Plaintiffs’ motion should Plaintiffs request more time;
WHEREAS, Plaintiffs’ counsel has been working diligently on the motion for

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reasonable attorneys’ fees, costs and expenses but due to the press of other litigation

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matters (including an appellate fee reply in Ollier v. Sweetwater, Case No. 12-56348 (due

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February 23, 2015)), the complicated nature of the motion, the time required to review

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and categorize time spent (more than 2000 hours) by two organizations regarding three

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defendants and claims of same-sex plaintiffs and domestic partner plaintiffs over five

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years, and the possibility of further productive meet and confer sessions with the federal

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and state Defendants that could narrow the issues in dispute in the motion, Plaintiffs’

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counsel is seeking to modify the briefing schedule to afford Plaintiffs’ counsel additional

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time to file the motion for reasonable attorneys’ fees, costs and expenses;

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WHEREAS, all parties have agreed to a stipulated briefing schedule;

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THEREFORE, IT IS HEREBY STIPULATED AND AGREED AS FOLLOWS:

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4:10-cv-01564-CW

Stipulation and [Proposed] Order Re Plaintiff’s Motion for Reasonable Attorneys’ Fees

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Plaintiffs’ motion for reasonable attorneys’ fees, costs and expenses will be filed
on or before March 12, 2015.
Defendants’ opposition to Plaintiffs’ motion for reasonable attorneys’ fees, costs
and expenses will be filed on or before April 27, 2015.
Plaintiffs’ reply in support of their motion for reasonable attorneys’ fees, costs
and expenses will be filed on or before May 21, 2015.
The hearing on Plaintiffs’ motion for reasonable attorneys’ fees, costs and
expenses will be on June 11, 2015 at 2:00 p.m.

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So stipulated,
THE LEGAL AID SOCIETY –
EMPLOYMENT LAW CENTER

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Dated: January 26, 2015

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BOARD OF ADMINISTRATION OF
CALIFORNIA PUBLIC EMPLOYEES’
RETIREMENT SYSTEM, and ANNE
STAUSBOLL

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Dated: January 26, 2015

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By: /S/ Jennifer Morrow
Jennifer Morrow, Counsel for Defendants CalPERS
and Stausboll
U.S. DEPARTMENT OF JUSTICE
CIVIL DIVISION

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By: /S/ Elizabeth Kristen
Elizabeth Kristen

Dated: January 26, 2015

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By: /S/ Jean Lin
Jean Lin, Counsel for Federal Defendants
BIPARTISAN LEGAL ADVISORY GROUP
OF THE HOUSE OF REPRESENTATIVES

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Dated: January 26, 2015

By: /S/ Kerry W. Kircher
Kerry W. Kircher, Counsel for
Bipartisan Legal Advisory Group

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4:10-cv-01564-CW

Stipulation and [Proposed] Order Re Plaintiff’s Motion for Reasonable Attorneys’ Fees

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GENERAL ORDER 45 ATTESTATION
In accordance with General Order 45, concurrence in the filing of this document has been

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obtained from each of the signatories, and I shall maintain records to support this concurrence

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for subsequent production for the court if so ordered or for inspection upon request by a party.

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/S/ Elizabeth Kristen
Elizabeth Kristen

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4:10-cv-01564-CW

Stipulation and [Proposed] Order Re Plaintiff’s Motion for Reasonable Attorneys’ Fees

ORDER

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It is so ordered.

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1/28/2015
Dated

UNITED STATES DISTRICT JUDGE

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4:10-cv-01564-CW

Stipulation and [Proposed] Order Re Plaintiff’s Motion for Reasonable Attorneys’ Fees