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Jerry Valdivia, et al v. Edmund G. Brown

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA SACRAMENTO DIVISION


January 10, 2012

JERRY VALDIVIA, ET AL.,
PLAINTIFFS,
v.
EDMUND G. BROWN, JR., ET AL.,
DEFENDANTS.*FN1

The opinion of the court was delivered by: Judge: Hon. Lawrence K. Karlton

STIPULATION AND ORDER CONFIRMING UNDISPUTED ATTORNEYS' FEES AND COSTS FOR THIRD QUARTER, 2011

On July 8, 2004, this Court established procedures by which plaintiffs are to collect 2 periodic attorneys' fees and costs in this case in connection with their work monitoring 3 defendants' compliance with the Court's Orders and collecting fees. 4

Pursuant to these procedures, plaintiffs sent their Quarterly Statement for the Third Quarter of 2011, covering the period of July 1, 2011 -- September 30, 2011 to defendants 6 via overnight Federal Express on October 27, 2011. Defendants submitted their objections 7 to plaintiffs' statement on December 6, 2011. The parties completed their meet and confer 8 on December 19, 2011, and reached an agreement as to most of the hours and all of the 9 costs incurred in this quarter. 10

Pursuant to the July 8, 2004 Order, ¶ 4, the parties will defer and hold in abeyance 11 the dispute over the remaining hours that are not settled through this Stipulation (a total of 12 $91,797 in fees that Defendants have objected to as related to the pending Proposition 9 13 motions) until they are settled or a yearly motion to compel payment is brought following 14 the meet and confer covering the fourth quarter of 2011.

The parties agree that $593,156.74 of fees and costs incurred during the Third Quarter of 2011 are undisputed. (A summary of the fees and costs, reflecting the fees at 3 2011 rates, is attached hereto as Exhibit A.) WHEREFORE, IT IS CONFIRMED that 4 $593,156.74 plus interest accruing at the rate provided by 28 U.S.C. § 1961 is due and 5 collectable as of forty-five days from the date of entry of this Order. 6

IT IS SO STIPULATED.

DATED: January 3, 2012 Respectfully submitted, 9 ROSEN, BIEN & GALVAN, LLP By: /s/ Ernest Galvan Ernest Galvan Attorneys for Plaintiffs DATED: January 3, 2012 HANSON BRIDGETT, LLP 15 16 By: /s/ Samantha Wolff Samantha Wolff Attorneys for Defendants

IT IS SO ORDERED.


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