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John Armstrong, et al v. Edmund G. Brown

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION


January 19, 2011

JOHN ARMSTRONG, ET AL.,
PLAINTIFFS,
v.
EDMUND G. BROWN, JR., ET AL.,
DEFENDANTS.*FN1

The opinion of the court was delivered by: The Honorable Claudia Wilken United States District Judge

PRISON LAW OFFICE BINGHAM McCUTCHEN DONALD SPECTER -- 83925 WARREN E. GEORGE -- 53588 2 SARA NORMAN -- 189536 Three Embarcadero Center 1917 Fifth Street San Francisco, California 94111-4066 3 Berkeley, California 94710-1916 Telephone: (415) 393-2000 Telephone: (510) 280-2621 Facsimile: (415) 393-2286 4 Facsimile: (510) 280-2704 5 DISABILITY RIGHTS EDUCATION & ROSEN, BIEN & GALVAN, LLP DEFENSE FUND, INC. MICHAEL W. BIEN -- 096891 6 LINDA D. KILB -- 136101 ERNEST GALVAN -- 196065 3075 Adeline Street, Suite 210 GAY CROSTHWAIT GRUNFELD -- 121944 7 Berkeley, California 94703 HOLLY M. BALDWIN -- 191317 Telephone: (510) 644-2555 315 Montgomery Street, Tenth Floor 8 Facsimile: (510) 841-8645 San Francisco, California 94104-1823 Telephone: (415) 433-6830 Facsimile: (415) 433-7104 Attorneys for Plaintiffs

WHEREAS, on March 26, 1997, the District Court established procedures by which

Plaintiffs are to collect periodic attorneys' fees and costs in this case in connection with their 3 work monitoring Defendants' compliance with the Court's Orders and collecting fees (the

WHEREAS, Defendants filed an appeal to the Ninth Circuit Court of Appeals, Case No. 09-17144, regarding this Court's Order requiring that Defendants develop a plan to track 7 and accommodate Armstrong class members housed in county jails, which was resolved by the "Periodic Fees Order");

Ninth Circuit's Memorandum Order issued on September 7, 2010 and the Ninth Circuit's 9 denial of Defendants' petition for rehearing en banc issued on December 28, 2010; attorney's fees and expenses in Case No. 09-17144 to this Court; and possible and reduce the burden on the Court;

WHEREAS, the Ninth Circuit has granted Plaintiffs' request to transfer consideration of

WHEREAS, the parties seek to resolve their differences in the most efficient manner

NOW THEREFORE, IT IS HEREBY STIPULATED AND AGREED AS FOLLOWS:

1. Plaintiffs shall seek their claimed attorney's fees and expenses incurred in Case No. 09-17144 by submitting their claim to Defendants as part of the quarterly periodic fees 17 process pursuant to the Periodic Fees Order; 18 object to Plaintiffs' claimed fees and expenses, and the parties will attempt to resolve any 20 disputes regarding Plaintiffs' claims; based on the Ninth Circuit's order that each side shall bear its own costs; and 23 attorney's fees and expenses incurred in Case No. 09-17144, then Plaintiffs may file a motion

2. Pursuant to the Periodic Fees Order, Defendants shall have an opportunity to

3. Defendants do not waive any objections to Plaintiffs' claimed expenses or costs

4. If the parties are unable to resolve disputes regarding Plaintiffs' claims for

to compel before this Court, within 60 days after completion of the parties' meet-and-confer 2 process.

IT IS SO ORDERED. 13


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