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Ralph Coleman, et al v. Edmund G. Brown

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


January 19, 2011

RALPH COLEMAN, ET AL.,
PLAINTIFFS,
v.
EDMUND G. BROWN, JR., ET AL.,
DEFENDANTS.*FN1

Case 2:90-cv-00520-LKK-JFM Document 3977 Filed 01/20/11 Page 1 of 4

STIPULATION AND ORDER EXTENDING THE TEMPORARY STAY OF ALL ATTORNEYS' FEES, COSTS, AND EXPENSES RELATED TO ALL WORK BEFORE THE THREE-JUDGE PANEL

STIPULATION

Plaintiffs and defendants STIPULATE as follows:

1. In briefs filed with this court regarding plaintiffs' attorneys' fees and expenses incurred before the Three-Judge Panel, plaintiffs have sought an award of attorneys' fees and costs for work performed in connection with the Three-Judge Panel proceedings. Defendants have contended that a fees and costs award is premature and that the single judges lack jurisdiction over these fees matters. Nothing in this Stipulation may be deemed a concession of any party's positions on entitlement to or reasonableness of attorneys' fees and costs.

2. In Plata v. Schwarzenegger, defendants moved for a stay of attorneys' fees matters related to work before the Three-Judge Panel. Plata Docket 2227. Plaintiffs in the Plata case disputed defendants' legal arguments, but did not contest the imposition of a stay until July 1, 2010. Plata Docket 2241. Judge Henderson subsequently granted a temporary stay until July 1, 2010. Plata Docket 2255. Pursuant to the parties' stipulation, Judge Henderson extended the stay until January 17, 2011 and later extended it until final resolution of the appeal pending before the United States Supreme Court. Plata Docket 2321, 2344.

3. This Court, pursuant to the parties' stipulation, also ordered that all attorneys' fees, costs and expense matters related to the Three-Judge Panel and related appeals be stayed until October 1, 2010. Coleman Docket 3801. This Court later extended the stay until January 17, 2010 pursuant to a stipulation filed by the parties. Coleman Docket 3948.

4. On November 30, 2010, the United States Supreme Court heard oral argument in the Coleman/Plata v. Brown Three-Judge matter. Accordingly, the parties jointly agree to extend the stay of all attorneys' fees, costs and expense matters related to the Three-Judge Panel and related appeals until final resolution of the appeal pending before the United States Supreme Court, Case No. 09-1233. The parties will meet and confer regarding Plaintiffs' attorneys' fees, costs, and expense matters within thirty days of the date the Supreme Court's decision is issued. In so doing, plaintiffs do not waive and will enforce their right to interest in accordance with the provisions set forth in the March 19, 1996 Coleman Periodic Fees order. Defendants do not waive any rights or arguments to object to any and all fees and costs or to appeal any order regarding fees and costs arising out of the Three-Judge Panel proceedings. For the duration of the stay, any and all deadlines relating to motions or claims for attorneys' fees, costs, and expenses contained in the Federal Civil Rules, the Federal Appellate Rules, the U.S. Supreme Court Rules, and/or the Local Rules for the Eastern District of California are stayed. If either party seeks to extend the stay beyond the conclusion of the Supreme Court appeal, the party may do so by seeking a subsequent stipulation or by filing a noticed motion before this Court.

Dated: January 12, 2011 Respectfully submitted,

ROSEN, BIEN & GALVAN, LLP By:Amy Whelan Amy Whelan Attorney for Coleman Plaintiffs Dated: January 12, 2011 Office of the Attorney General By:David Brice for Debbie Vorous, Deputy Attorney General Attorney for Coleman Defendants

ORDER

Pursuant to the stipulation of the parties, and good cause appearing, this Court extends the stay of all attorneys' fees, costs and expense matters related to the Three-Judge Panel until final resolution of the appeal pending before the United States Supreme Court, Case No. 09-1233. Plaintiffs have preserved and do not waive their right to claim interest in accordance with the provisions set forth in the March 19, 1996 Coleman Periodic Fees order. Defendants do not waive any rights or arguments to object to any and all fees and costs or to appeal any order regarding fees and costs arising out of the Three-Judge Panel proceedings. For the duration of the stay, any and all deadlines relating to motions or claims for attorneys' fees, costs, and expenses contained in the Federal Civil Rules, the Federal Appellate Rules, the U.S. Supreme Court Rules, and/or the Local Rules for the Eastern District of California do not apply. If either party seeks to extend the stay beyond the conclusion of the Supreme Court appeal, the party may do so by seeking a subsequent stipulation or by filing a noticed motion before this Court.

IT IS SO ORDERED.


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