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Prison Legal News v. Arnold Schwarzenegger

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION


December 22, 2010

PRISON LEGAL NEWS,
PLAINTIFF,
v.
ARNOLD SCHWARZENEGGER, ET AL.,
DEFENDANTS.

The opinion of the court was delivered by: Honorable Claudia Wilken U.S. District Court Judge

EDMUND G. BROWN R. 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

STIPULATION AND [PROPOSED] ORDER RE SETTLEMENT OF PLAINTIFF'S MOTION FOR ATTORNEYS' FEES AND COSTS

No hearing following Court's September 30, 2010

Order

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 23 July 31, 2010 pertaining to Defendants' appeal to the United States Court of Appeals for the 24 Ninth Circuit in this matter, reported at 608 F.3d 446 (9th Cir. 2010): 25

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.

2. Payment of the settlement amount shall be made as soon reasonably possible, with 2 interest accruing forty-five (45) days after the District Court's entry of the stipulation and order. 3

Interest will be calculated following 28 U.S.C. § 1961, at a rate equal to the weekly average 1-4 year constant maturity Treasury yield, as published by the Board of Governors of the Federal 5 Reserve System. 6

3. Plaintiff agrees to fully discharge and release all claims and causes of action, whether 7 known or unknown, against Defendants claimed by the August 23, 2010 attorneys' fees and cost 8 motion. 9

4. All further briefing for the August 23, 2010 motion is vacated.

IT IS SO ORDERED.

20101222

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