L.H. et al v. Schwarzenegger et al
Filing
634
ORDER signed by Senior Judge Lawrence K. Karlton on 6/15/2011 re 633 ORDERING that plaintiffs' fees and costs of $134,906.46, plus interest, are due and collectable as of forty-five (45) days from the date of entry of this Order. Interest on these fees and costs will run from May 28, 2011 accruing at the rate provided by 28 U.S.C. 1961. (Attachments: # 1 Exhibit A)(Duong, D)
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1 BINGHAM McCUTCHEN LLP
GEOFFREY HOLTZ – 191370
2 Three Embarcadero Center
San Francisco, California 94111-4067
3 Telephone: (415) 393-2000
4
5
6 PRISON LAW OFFICE
DONALD SPECTER – 83925
7 SARA NORMAN – 189536
1917 Fifth Street
8 Berkeley, California 94710-1916
Telephone: (510) 280-2621
9 Facsimile: (510) 280-2704
ROSEN, BIEN & GALVAN, LLP
MICHAEL W. BIEN – 096891
GAY CROSTHWAIT GRUNFELD – 121944
SHIRLEY HUEY – 224114
LESLIE MEHTA – 258512
SUMANA COOPPAN -- 267967
315 Montgomery Street, Tenth Floor
San Francisco, California 94104-1823
Telephone: (415) 433-6830
YOUTH LAW CENTER
SUSAN L. BURRELL – 074204
CAROLE SHAUFFER – 100226
200 Pine Street, 3rd Floor
San Francisco, California 94104
Telephone: (415) 543-3379
10
Attorneys for Plaintiffs
11
IN THE UNITED STATES DISTRICT COURT
12
FOR THE EASTERN DISTRICT OF CALIFORNIA
13
L.H., A.Z., D.K., D.R., M.N., and R.C., on behalf of
Case No. 2:06-CV-02042-LKK-GGH
in California,
ORDER CONFIRMING
UNDISPUTED FEES AND COSTS
FOR THE FIRST QUARTER OF 2011
14 themselves and all other similarly situated juvenile parolees
15
Plaintiffs,
16
v.
17 EDMUND G. BROWN, JR., Governor, State of California,
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21
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23
24
MATTHEW CATE, Secretary, California Department of
Corrections and Rehabilitation (“CDCR”); SCOTT KERNAN,
Undersecretary of Operations, CDCR; RACHEL RIOS, Acting
Chief Deputy Secretary of the Division of Juvenile Justice;
MARTIN HOSHINO, Executive Officer of the Board of
Parole Hearings (“BPH”); ROBERT DOYLE, Chair of the
BPH; SUSAN MELANSON, HENRY AGUILAR, ASKIA
ABDULMAJEED, JOSEPH COMPTON, ROBERT
CAMERON, JOYCE ARREDONDO, MARY SCHAMER,
and TRACEY ST. JULIEN, Commissioners and Board
Representatives; CHUCK SUPPLE, Executive Officer of the
Juvenile Parole Board; CDCR; DIVISION OF JUVENILE
JUSTICE; BOARD OF PAROLE HEARINGS; and the
JUVENILE PAROLE BOARD,
Defendants.1
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28
[511249-1]
1
The names of Defendants currently serving and their CDCR capacities have been substituted pursuant
to Fed. R. Civ. P. 25.
[PROPOSED] ORDER CONFIRMING UNDISPUTED FEES AND COSTS FOR Q1 2011 QUARTERLY STATEMENT
CASE NO. 2:06-CV-02042-LKK-GGH
1
In a February 11, 2009 Order, this Court established procedures by which plaintiffs are to
2 collect periodic attorneys’ fees and costs in this case in connection with their post-judgment
3 work, including for all fee and expense requests from June 5, 2008 forward.
4
Pursuant to these procedures and agreement between the parties, plaintiffs delivered by
5 hand-delivery their Quarterly Statement for the First Quarter of 2011 covering the period January
6 1, 2011 – March 31, 2011 to defendants on April 27, 2011. Defendants submitted their
7 objections to plaintiffs’ statement on May 25, 2011. The parties completed their meet and confer
8 on June 9, 2011, and reached an agreement as to number of hours and costs incurred, but not as
9 to plaintiffs’ claim to 2011 hourly rates (the “rates dispute”). The parties will continue to attempt
10 to resolve the rates dispute; any motion regarding plaintiffs’ 2011 rates and/or the rates dispute
11 shall be filed no later than sixty (60) days from the end of the meet and confer with respect to the
12 statement covering the fourth quarter of 2011.
13
Subject to resolution of the rates dispute, the parties agree that $134,906.46 of fees and
14 costs incurred during the First Quarter of 2011 are undisputed. The undisputed fees are
15 calculated based on negotiated hours at the 2008 rates set forth by Judge Karlton in his March 6,
16 2009 order (“Judge Karlton rates”). Attached hereto as Exhibit A is a chart setting forth the
17 balance currently due for the First Quarter of 2011, which will become due and owing forty-five
18 days from the entry of this Order. Exhibit A also reflects the remaining First Quarter disputed
19 fees, $38,065.05, which equal the difference between plaintiffs’ 2011 rates and Judge Karlton
20 2008 rates for agreed-upon merits and fees on fees hours.
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[511249-1]
[PROPOSED] ORDER CONFIRMING UNDISPUTED FEES AND COSTS FOR Q1 2011 QUARTERLY STATEMENT
CASE NO. 2:06-CV-02042-LKK-GGH
1
2
IT IS HEREBY ORDERED that plaintiffs’ fees and costs of $134,906.46, plus interest,
3 are due and collectable as of forty-five (45) days from the date of entry of this Order. Interest on
4 these fees and costs will run from May 28, 2011 accruing at the rate provided by 28 U.S.C.
5 § 1961.
6
7 IT IS SO ORDERED.
8
9 Dated: June 15, 2011
10
11
12
13 APPROVED AS TO FORM:
14 Dated: June 13, 2011
HANSON BRIDGETT LLP
15
/s/ Paul Mello
Paul Mello
Attorneys for Defendants
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19 Dated: June 13, 2011
ROSEN, BIEN & GALVAN, LLP
20
/s/ Michael W. Bien
Michael W. Bien
Attorneys for Plaintiffs
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2
[511249-1]
[PROPOSED] ORDER CONFIRMING UNDISPUTED FEES AND COSTS FOR Q1 2011 QUARTERLY STATEMENT
CASE NO. 2:06-CV-02042-LKK-GGH
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