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Armstrong v. Brown

United States District Court, Ninth Circuit

June 19, 2013

JOHN ARMSTRONG, et al., Plaintiffs,
v.
EDMUND G. BROWN, JR., et al., Defendants.

DONALD SPECTER - 083925, REBEKAH EVENSON - 207825, PRISON LAW OFFICE, Berkeley, California. LINDA D. KILB - 136101, DISABILITY RIGHTS EDUCATION & DEFENSE FUND, INC., Berkeley, California, Attorneys for Plaintiffs.

GEOFFREY T. HOLTZ - 191370, BINGHAM McCUTCHEN LLP, San Francisco, California, MICHAEL W. BIEN - 096891, ERNEST GALVAN - 196065, GAY C. GRUNFELD - 121944, BLAKE THOMPSON - 255600, MICHAEL FREEDMAN - 262850, ROSEN BIEN GALVAN & GRUNFELD LLP, San Francisco, California, Jay M. Goldman, Deputy Attorney General, Attorney for Defendants.

[PROPOSED] STIPULATED ORDER CONFIRMING UNDISPUTED ATTORNEYS' FEES AND COSTS FOR THE FIRST QUARTER OF 2013

CLAUDIA WILKEN, District Judge.

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 work monitoring Defendants' compliance with the Court's Orders and collecting fees.

Pursuant to these procedures, on April 24, 2013, Plaintiffs served on Defendants their First Quarterly Statement for 2013 by overnight delivery. The parties completed their meet-and-confer process on June 6, 2013 as to the fees and costs incurred on all matters.

As a result of the June 6, 2013 agreement, the parties agree to the following:

The parties agree to the payment of $672, 197.34 for undisputed fees and costs incurred during the First Quarter of 2013, for monitoring and/or litigation activities in the California Department of Corrections of Rehabilitation Division of Adult Operations and Adult Programs (CDCR AOAP) portion of the case. Attached hereto as Exhibit A are charts setting forth the fees and costs claimed by Plaintiffs and the amounts agreed to by the parties to settle these claims.

The parties agree to the payment of $217, 701.02 for undisputed fees and costs incurred during the First Quarter of 2013, for monitoring and/or litigation activities in the Board of Parole Hearings (BPH) portion of the case. Attached hereto as Exhibit B are charts setting forth the fees and costs claimed by Plaintiffs and the amounts agreed to by the parties to settle these claims.

The parties agree to the payment of $54, 301.73 for undisputed fees and costs incurred during the First Quarter of 2013, for monitoring and/or litigation activities in the Division of Adult Parole Operations (DAPO) portion of the case. Attached hereto as Exhibit C are charts setting forth the fees and costs claimed by Plaintiffs and the amounts agreed to by the parties to settle these claims.

The parties agree to the payment of $25, 713.66 for undisputed fees and costs incurred during the First Quarter of 2013, for activities in the Accountability Appeal portion of the case. Attached hereto as Exhibit D are charts setting forth the fees and costs claimed by Plaintiffs and the amounts agreed to by the parties to settle these claims.

The parties agree to the payment of $5, 719.82 for undisputed fees and costs incurred during the First Quarter of 2013, for activities in the Appeal of the August 28, 2012 Order portion of the case. Attached hereto as Exhibit E are charts setting forth the fees and costs claimed by Plaintiffs and the amounts agreed to by the parties to settle these claims.

The parties agree to the payment of $15, 151.95 for undisputed fees and costs incurred during the First Quarter of 2013, for fees on fees. Attached hereto as Exhibit F are charts setting forth the fees and costs claimed by Plaintiffs and the amounts agreed to by the parties to settle these claims.

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 and costs will run from April 24, 2013, accruing at the rate provided by 28 U.S.C. ยง 1961.

Exhibit A

Armstrong v. Brown

First Quarterly Statement of 2013

January 1, 2013 through March 31, 2013

CDCR/AOAP SUMMARY OF UNDISPUTED FEES AND COSTS

MATTER UNDISPUTED FEES CLAIMED COSTS CDCR/AOAP MONITORING $651, 966.54 $20, 230.81 TOTALS $651, 966.54 $20, 230.81 GRAND TOTAL: $672, 197.34

Armstrong v. Brown

First Quarterly Statement of 2013

January 1, 2013 through March 31, 2013

Matter: CDCR/AOAP Monitoring/Merits

Monitoring (581-3) Actual Claimed Claimed Withdrawn Undisputed 2013 Hours Hours Fees By Pltfs Hours Rates Total ROSEN, BIEN, GALVAN & GRUNFELD Michael W. Bien (MWB) 7.80 7.40 $5, 772.00 0.31 7.09 $780 $5, 526.69 Gay C. Grunfeld (GCG) 31.60 31.40 $20, 724.00 1.33 30.07 $660 $19, 843.23 Thomas Nolan (TN) 26.60 26.50 $14, 575.00 1.13 25.37 $550 $13, 955.56 Kenneth M. Walczak (KMW) 0.90 0.00 $0.00 0.00 0.00 $480 $0.00 Lisa Ells (LAE) 37.00 32.30 $14, 535.00 1.37 30.93 $450 $13, 917.26 Blake Thompson (BT) 108.30 106.40 $46, 284.00 4.52 101.88 $435 $44, 316.93 Michael Freedman (MLF) 159.20 154.90 $62, 734.50 6.58 148.32 $405 $60, 068.28 Sumana Cooppan Wolf (SCW) 25.40 15.50 $5, 812.50 0.66 14.84 $375 $5, 565.47 Krista Stone-Manista (KSM) 48.00 47.70 $17, 887.50 2.03 45.67 $375 $17, 127.28 Margot Mendelson (MKM) 0.40 0.00 $0.00 0.00 0.00 $375 $0.00 Kevin Jones (KEJ) 0.30 0.00 $0.00 0.00 0.00 $280 $0.00 Rolayn Tauben (RLT) 133.80 125.70 $35, 196.00 5.34 120.36 $280 $33, 700.17 Karen Stilber (KES) 3.40 0.00 $0.00 0.00 0.00 $260 $0.00 Diana Ruslani (DAR) 17.90 4.90 $1, 078.00 0.21 4.69 $220 $1, 032.19 Marc Shinn-Krantz (MSK) 32.20 26.50 $5, 830.00 1.13 25.37 $220 $5, 582.23 Haruka Roudebush (HR) 298.60 267.30 $58, 806.00 11.36 255.94 $220 $56, 306.75 Doris Tseng (DT) 0.20 0.00 $0.00 0.00 0.00 $220 $0.00 Lucy Taylor (LRT) 114.80 109.30 $24, 046.00 4.65 104.65 $220 $23, 024.05 Total Hours: 1, 046.40 955.80 $313, 280.50 40.62 915.18 RBGG UNDISPUTED FEES: $299, 966.08 PRISON LAW OFFICE Warren George (WG) $ 35.50 $35.50 $29, 820.00 1.51 33.99 $840 $28, 552.65 Donald Specter (DS) 10.10 10.10 $7, 878.00 0.43 9.67 $780 $7, 543.19 Steve Fama (SF) 0.20 0.20 $145.00 0.01 0.19 $725 $138.84 Millard Murphy (MM) 25.20 25.20 $14, 742.00 1.07 24.13 $585 $14, 115.47 Alison Hardy (AH) 2.20 2.20 $1, 287.00 0.09 2.11 $585 $1, 232.30 Rebekah Evenson (RE) 109.60 109.60 $60, 280.00 4.66 104.94 $550 $57, 718.10 Megan Hagler (MH) 74.80 74.80 $35, 530.00 3.18 71.62 $475 $34, 019.98 Penny Godbold (PG) 122.00 122.00 $57, 950.00 5.19 116.82 $475 $55, 487.13 Corene Kendrick (CK) 184.40 184.40 $87, 590.00 7.84 176.56 $475 $83, 867.43 Rana Anabtawi (RA) 0.40 0.40 $140.00 0.02 0.38 $350 $134.05 Madeline Bailey (MB) 36.50 36.50 $8, 030.00 1.55 34.95 $220 $7, 688.73 Sheena Green (SG) 52.50 52.50 $11, 550.00 2.23 50.27 $220 $11, 059.13 Lauren Kelleher (LK) 7.80 7.80 $1, 716.00 0.33 7.47 $220 $1, 643.07 Kelly Nguyen (KN) 82.00 82.00 $18, 040.00 3.49 78.52 $220 $17, 273.30 Marley Williams (MW) 17.30 17.30 $3, 806.00 0.74 16.56 $220 $3, 644.25 Jessica Bendit (JB) 59.90 59.90 $13, 178.00 2.55 57.35 $220 $12, 617.94 Fatinha Santos (FS) 71.00 71.00 $15, 620.00 3.02 67.98 $220 $14, 956.15 Total Hours: 855.90 855.90 $367, 302.00 36.38 819.52 PLO UNDISPUTED FEES: $351, 691.67 DISABILITY RIGHTS EDUCATION AND DEFENSE FUND Linda Kilb (LDK) 0.10 0.10 $70.50 0.00 0.10 $705 $67.50 Hongyu Min (HM) 1.8 1.80 $252.00 0.08 1.72 $140 $241.29 Total Hours: 1.90 1.90 $322.50 0.08 1.82 DREDF CLAIMED FEES: $308.79 TOTAL UNDISPUTED FEES FOR CDCR/AOAP MONITORING: $651, 966.54

Armstrong v. Brown

First Quarterly Statement of 2013

January 1, 2012 through March 31, 2013

Costs

Matter: CDCR/AOAP Merits/Monitoring Withdrawn Costs Rosen, Bien, Galvan & Grunfeld (581-3) Costs by Plaintiffs Now Owing Photocopying (In house) $1, 738.20 $73.87 $1, 664.33 Photocopying (Outside) $1, 716.00 $72.93 $1, 643.07 Lexis/Westlaw $8.35 $0.35 $8.00 Online Research - PACER $24.30 $1.03 $23.27 Postage & Delivery $644.34 $27.38 $616.96 Travel - Mileage, Tolls, Food $3, 749.00 $159.33 $3, 589.67 Telephone $9.85 $0.42 $9.43 Facsimile $19.00 $0.81 $18.19 Interpreting and Translation Services $1, 083.15 $46.03 $1, 037.12 Total Undisputed RBGG Costs: $8, 610.02 Prison Law Office Costs Photocopying (In house) $2, 391.60 $101.64 $2, 289.96 Postage & Delivery $798.59 $33.94 $764.65 Travel - Mileage, Tolls, Food $6, 603.79 $280.66 $6, 323.13 Interpreting and Translation Services $2, 206.88 $93.79 $2, 113.09 Total Undisputed PLO Costs: $11, 490.82 Disability Rights Education & Defense Fund, Inc. Photocopying (in-house) $106.60 $4.53 $102.07 Postage & Delivery $22.93 $0.97 $21.96 Online Research - PACER $6.20 $0.26 $5.94 Total Undisputed DREDF Costs: $129.96 TOTAL UNDISPUTED CDCR/AOAP MERITS/MONITORING COSTS: $20, 230.81

Exhibit B

Armstrong v. Brown

First Quarterly ...


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