Opinion
Case No. C94 2307 CW
10-03-2011
JOHN ARMSTRONG, et al., Plaintiffs, v. EDMUND G. BROWN, JR., et al., Defendants.
DONALD SPECTER - 083925 REBEKAH EVENSON - 207825 PRISON LAW OFFICE LINDA D. KILB - 136101 DISABILITY RIGHTS EDUCATION & DEFENSE FUND, INC. Attorneys for Plaintiffs WARREN E. GEORGE - 053588 BINGHAM McCUTCHEN LLP MICHAEL W. BIEN - 096891 KENNETH M. WALCZAK - 247389 ROSEN, BIEN & GALVAN, LLP
DONALD SPECTER - 083925
REBEKAH EVENSON - 207825
PRISON LAW OFFICE
LINDA D. KILB - 136101
DISABILITY RIGHTS EDUCATION &
DEFENSE FUND, INC.
Attorneys for Plaintiffs
WARREN E. GEORGE - 053588
BINGHAM McCUTCHEN LLP
MICHAEL W. BIEN - 096891
KENNETH M. WALCZAK - 247389
ROSEN, BIEN & GALVAN, LLP
[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:
• $ 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 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 payable to Plaintiffs for the undisputed hours incurred in these five Quarters. Remaining in dispute is the difference between Plaintiffs' 2010 and 2011 rates for the hours incurred in Quarter One of 2011.
• $ 151,550.55 for fees incurred during 2010 and the First Quarter of 2011, for monitoring and fee collection activities in the Board of Parole Hearings (BPH) portion of the case. Attached hereto as Exhibit B are charts setting forth the fees payable to Plaintiffs for the undisputed hours incurred in these five Quarters. Remaining in dispute is the difference between Plaintiffs' 2010 and 2011 rates for the hours incurred in Quarter One of 2011.
• $ 49,006.54 for fees incurred during 2010 and the First Quarter of 2011, for monitoring and fee collection activities in the Division of Adult Parole Operations (DAPO) portion of the case. Attached hereto as Exhibit C are charts setting forth the fees payable to Plaintiffs for the undisputed hours incurred in these five Quarters. Remaining in dispute 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 and costs will continue to run from the dates set forth in the chart attached as Exhibit D hereto, accruing at the rate provided by 28 U.S.C. § 1961 (also shown on Exhibit D).
IT IS SO ORDERED.
THE HONORABLE CLAUDIA WILKEN
UNITED STATES DISTRICT JUDGE
APPROVED AS TO FORM:
Jay C. Russell
Deputy Attorney General
Attorney for Defendants
Kenneth M. Walczak
Rosen, Bien & Galvan, LLP
Attorneys for Plaintiffs