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Ralph Coleman, et al v. Edmund G. Brown

IN THE UNITED STATES DISTRICT COURTFOR THE EASTERN DISTRICT OF CALIFORNIA


March 31, 2011

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

ROSEN, BIEN & GALVAN, LLP PRISON LAW OFFICE MICHAEL W. BIEN, Bar No. 96891 DONALD SPECTER, Bar No. 83925 ERNEST GALVAN, Bar No. 196065 STEVEN FAMA, Bar No. 99641 JANE E. KAHN, Bar No. 112239 1917 Fifth Street LISA ELLS, Bar No. 243657 Berkeley, California 94710-1916 315 Montgomery Street, 10th Floor Telephone: (510) 280-2621 San Francisco, California 94104-1823 Telephone: (415) 433-6830 K&L GATES LLP BINGHAM, MCCUTCHEN, LLP JEFFREY L. BORNSTEIN, Bar No. 99358 WARREN E. GEORGE, Bar No. 53588 EDWARD P. SANGSTER, Bar No. 121041 Three Embarcadero Center 4 Embarcadero Center, Suite 1200 San Francisco, California 94111-4067 San Francisco, California 94111-5994 Telephone: (415) 393-2000 Telephone: (415) 882-8200 THE LEGAL AID SOCIETY -- EMPLOYMENT LAW CENTER CLAUDIA CENTER, Bar No. 158255 600 Harrison Street, Suite 120 San Francisco, California 94107-1389 Telephone: (415) 864-8848 Attorneys for Plaintiffs

STIPULATION RE: OUTSTANDING PARALEGAL AND LITIGATION ASSISTANT RATES DISPUTE FOR 2008 AND 2009

On August 30, 2010, the parties stipulated that they would meet and confer regarding the hourly rate for paralegals and certain other litigation assistants within 10 days after the mandate issued in the Perez v. Cate appeal in the U.S. Court of Appeals for the Ninth Circuit. (Docket No. 3906). That mandate issued on February 4, 2011, and the parties thereafter agreed to extend the deadline to meet and confer on this issue through February 22, 2011. The parties thereafter met and conferred and hereby stipulate to the following:

1. This stipulation applies to past due amounts for work performed by paralegals and litigation assistants during the years 2008 and 2009. During this period, defendants compensated plaintiffs at an interim hourly rate of $135 for all work performed by paralegals and litigation assistants during 2008 and the first and second quarters of 2009. For the third quarter, defendants compensated plaintiffs at a rate of $82.50 for work performed by paralegals and litigation assistants. For the fourth quarter of 2009, defendants compensated plaintiffs at a rate of $82.50 for work performed by paralegals, and did not compensate plaintiffs at all for work performed by litigation assistants.

2. The parties have reached an agreement that, in light of the Ninth Circuit decision, defendants will pay the following hourly rates for work performed by paralegals: $169.50 for 2008, and $170 for 2009. The parties further agree that defendants will pay the difference between these stipulated hourly rates and the interim hourly rate of either $135 or $82.50 already paid during the pendency of this dispute.

3. The parties have further agreed that defendants will pay the following hourly rates for work performed by litigation assistants: $135 for 2008 and $140 for 2009. The parties further agree that defendants will pay the difference between these stipulated hourly rates and the interim hourly rate of either $135 or $82.50 already paid during the pendency of this dispute, and will pay plaintiffs at an hourly rate of $140 for the fourth quarter of 2009, when they did not compensate plaintiffs at all for litigation assistant time.

4. The parties have further agreed that defendants will pay $2,175.82 in accrued interest related to the above-discussed outstanding fees.

5. Based upon the terms set forth above, for 2008 and 2009, defendants agree to pay plaintiffs' counsel $258,224.22. This amount shall be paid within 30 days of the signing of this Order. On the 31st day following the entry of this Order, interest on any unpaid amount will begin to accrue at the rate provided by 28 U.S.C. § 1961 (i.e., the weekly average 1 year constant maturity Treasury yield for the calendar week preceding the date of the Order).

6. The parties have reached this agreement solely for the purpose of settling the paralegal and litigation assistant rate dispute for 2008 and 2009 in this action. The parties agree that the rates outlined in the stipulation are for settlement purposes only and cannot be introduced by either party in any other litigation regarding the reasonableness of any particular rate for any particular year.

WHEREFORE, defendants agree to pay plaintiffs' counsel $258,224.22 within 30 days of the signing of this Order. On the 31st day following the entry of this Order, interest on any unpaid amount will begin to accrue at the rate provided by 28 U.S.C. § 1961 (i.e., the weekly average 1 year constant maturity Treasury yield for the calendar week preceding the date of the Order).

IT IS SO STIPULATED.

Respectfully submitted,


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