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John Armstrong, et al v. Edmund G. Brown

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA


October 3, 2011

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

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

DONALD SPECTER -- 083925 WARREN E. GEORGE -- 053588 REBEKAH EVENSON -- 207825 BINGHAM McCUTCHEN LLP 2 PRISON LAW OFFICE 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 DEFENSE FUND, INC. ROSEN, BIEN & GALVAN, LLP 3075 Adeline Street, Suite 201 315 Montgomery Street, Tenth Floor 7 Berkeley, California 94703 San Francisco, California 94104-1823 Telephone: (510) 644-2555 Telephone: (415) 433-6830 8 Facsimile: (510) 841-8645 Facsimile: (415) 433-7104 9 LINDA D. KILB -- 136101 MICHAEL W. BIEN -- 096891 DISABILITY RIGHTS EDUCATION & KENNETH M. WALCZAK -- 247389 6 Attorneys for Plaintiffs 10 11

[PROPOSED] ORDER FOR PAYMENT OF ATTORNEY'S FEES FOR 2010 AND THE FIRST QUARTER OF 2011, PURSUANT TO THE COURT'S AUGUST 8, 2011

ORDER

On August 8, 2011 the Court granted Plaintiffs' motion to compel compensation at their counsel's reasonable 2010 hourly rates (Docket No. 1919). The Court decided that "the requested hourly rates fall within the range of prevailing market rates in the Bay Area, and [Defendants'] objection regarding the rate increases is not well-taken. Accordingly, Plaintiffs' counsel shall be compensated at the rates they requested for work completed in 2010. . Defendants shall pay the disputed amounts forthwith, with interest paid thereon, as provided under 28 U.S.C. § 1961." Id., 6:12-22.

Pursuant to the Court's August 8, 2011 Order, Defendants are ordered to pay the following principal amounts, plus interest:

x $432,940.94 for fees incurred during 2010 and the First Quarter of 2011, for monitoring and fee collection activities in the California Department of Corrections of 3 Rehabilitation Division of Adult Operations and Adult Programs (CDCR AOAP) portion 4 of the case. Attached hereto as Exhibit A are charts setting forth the fees payable to 5 Plaintiffs for the undisputed hours incurred in these five Quarters. Remaining in dispute is 6 the difference between Plaintiffs' 2010 and 2011 rates for the hours incurred in Quarter 7 One of 2011. 8

x $151,550.55 for fees incurred during 2010 and the First Quarter of 2011, for 9 monitoring and fee collection activities in the Board of Parole Hearings (BPH) portion of 10 the case. Attached hereto as Exhibit B are charts setting forth the fees payable to 11 Plaintiffs for the undisputed hours incurred in these five Quarters. Remaining in dispute is 12 the difference between Plaintiffs' 2010 and 2011 rates for the hours incurred in Quarter 13 One of 2011. 14

x $49,006.54 for fees incurred during 2010 and the First Quarter of 2011, for 15 monitoring and fee collection activities in the Division of Adult Parole Operations (DAPO) 16 portion of the case. Attached hereto as Exhibit C are charts setting forth the fees payable 17 to Plaintiffs for the undisputed hours incurred in these five Quarters. Remaining in dispute 18 is the difference between Plaintiffs' 2010 and 2011 rates for the hours incurred in Quarter One of 2011.

IT IS HEREBY ORDERED that the amounts set forth above are due and collectable as of forty-five days from the date of entry of this Order. Interest on these fees 3 and costs will continue to run from the dates set forth in the chart attached as Exhibit D 4 hereto, accruing at the rate provided by 28 U.S.C. § 1961 (also shown on Exhibit D).

IT IS SO ORDERED.

20111003

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