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L.H. v. Schwarzenegger

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


July 28, 2010

L.H., A.Z., D.K., D.R., M.N., AND R.C., ON BEHALF OF THEMSELVES AND ALL OTHER SIMILARLY SITUATED JUVENILE PAROLEES IN CALIFORNIA, PLAINTIFFS,
v.
ARNOLD SCHWARZENEGGER, GOVERNOR, STATE OF CALIFORNIA, MATTHEW CATE, SECRETARY, CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION ("CDCR"); SCOTT KERNAN, UNDERSECRETARY OF OPERATIONS, CDCR; BERNARD WARNER, CHIEF DEPUTY SECRETARY OF THE DIVISION OF JUVENILE JUSTICE; RACHEL RIOS, DIRECTOR, DIVISION OF JUVENILE PAROLE OPERATIONS; 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.*FN1

ORDER CONFIRMING UNDISPUTED FEES AND COSTS FOR THE FIRST QUARTER 2010

In a February 11, 2009 Order, this Court established procedures by which plaintiffs are to collect periodic attorneys' fees and costs in this case in connection with their post-judgment work, including for all fee and expense requests from June 5, 2008 forward.

Pursuant to these procedures and agreement between the parties, plaintiffs delivered by hand-delivery their Quarterly Statement for the first quarter of 2010 covering the period January 1, 2010 -- March 31, 2010 to defendants on May 3, 2010. Defendants submitted their objections to plaintiffs' statement on May 20, 2010. The parties completed their meet and confer on July 20, 2010, and reached an agreement as to number of hours and costs incurred, but not as to 2010 hourly rates (the "rates dispute"). While continuing to attempt to resolve the rates dispute, the parties agreed to defer and to hold in abeyance the rates dispute for 60 days from the date of entry of this Order.

Subject to resolution of the rates dispute, the parties agree that $251,097.92 of fees and costs incurred during the First Quarter of 2010 are undisputed. The undisputed fees are calculated based on negotiated hours at the rates set forth by Judge Karlton in his March 6, 2009 order ("Judge Karlton rates"). Attached hereto as Exhibit A is a chart setting forth the balance due for the First Quarter of 2010, which will become due and owing forty-five days from the entry of this Order. Exhibit A also reflects the remaining disputed fees, which equal the difference between Plaintiff's 2010 rates and Judge Karlton rates for agreed-upon merits hours.

IT IS HEREBY ORDERED that plaintiffs' fees and costs of $251,097.92, 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 June 4, 2010 accruing at the rate provided by 28 U.S.C. § 1961.

IT IS SO ORDERED.

APPROVED AS TO FORM: Dated: July 27, 2010 HANSON BRIDGETT LLP S. Anne Johnson Attorneys for Defendants

Dated: July 20, 2010 ROSEN, BIEN & GALVAN, LLP Gay Crosthwait Grunfeld Attorneys for Plaintiffs


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