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Armstrong v. Newsom, C94 2307 CW. (2019)

Court: District Court, N.D. California Number: infdco20190313885 Visitors: 32
Filed: Mar. 12, 2019
Latest Update: Mar. 12, 2019
Summary: [PROPOSED] STIPULATED ORDER CONFIRMING UNDISPUTED ATTORNEYS' FEES AND COSTS FOR THE FOURTH QUARTER OF 2018 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 January 18, 2019, Plaintiffs served on Defendants their Fourth Q
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[PROPOSED] STIPULATED ORDER CONFIRMING UNDISPUTED ATTORNEYS' FEES AND COSTS FOR THE FOURTH QUARTER OF 2018

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 January 18, 2019, Plaintiffs served on Defendants their Fourth Quarterly Statement for 2018 by overnight delivery. The parties completed their meet-and-confer process on March 6, 2019 as to the fees and costs incurred on all matters.

As a result of the March 6, 2019 agreement, the parties agree to the following:

The parties agree to the payment of $1,256,784.34 to resolve all fees and costs incurred during the Fourth Quarter of 2018, 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 $86,039.36 to resolve all fees and costs incurred during the Fourth Quarter of 2018, 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 $214,040.36 to resolve all fees and costs incurred during the Fourth Quarter of 2018, 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 $13,311.87 to resolve all fees and costs incurred during the Fourth Quarter of 2018, for fees work. 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.

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 February 19, 2019, accruing at the rate provided by 28 U.S.C. § 1961.

EXHIBIT A

Armstrong v. Brown

Fourth Quarterly Statement of 2018

October 1, 2018 through December 31, 2018

CDCR/AOAP SUMMARY OF UNDISPUTED FEES AND COSTS

MATTER UNDISPUTED FEES UNDISPUTED COSTS CDCR/AOAP MONITORING $1,221,013.92 $ 35,770.42 TOTAL UNDISPUTED: $1,256,784.34

Armstrong v. Brown

Fourth Quarterly Statement of 2018

October 1, 2018 through December 31, 2018

Matter: CDCR/AOAP Monitoring/Merits

Monitoring (581-3) Actual Claimed 2018 Fees Now Owing Per Negotiated Hours Hours Rates Total Compromise ROSEN, BIEN, GALVAN & GRUNFELD Michael W. Bien (MWB) 1.70 1.70 $965 $1,640.50 $1,574.88 Gay C. Grunfeld (GCG) 24.90 24.90 $835 $20,791.50 $19,959.84 Ernest Galvan (EG) 1.6 0 $780 $0.00 $0.00 Penny Godbold (PG) 312.50 309.00 $675 $208,575.00 $200,232.00 Thomas Nolan (TN) 184.90 182.20 $700 $127,540.00 $122,438.40 Lisa Ells (LAE) 0.20 0.00 $650 $0.00 $0.00 Michael L. Freedman (MLF) 48.70 47.20 $585 $27,612.00 $26,507.52 Ben Bien-Kahn (BBK) 151.30 150.50 $535 $80,517.50 $77,296.80 Krista Stone-Manista (KSM) 51.80 49.60 $535 $26,536.00 $25,474.56 Jenny Yelin (JY) 22.20 21.80 $525 $11,445.00 $10,987.20 Hugo D. Cabrera (HDC) 51.40 51.40 $410 $21,074.00 $20,231.04 Karen Stilber (KES) 137.60 134.90 $340 $45,866.00 $44,031.36 F. Gail LaPurja (FGL) 0.10 0.00 $275 $0.00 $0.00 Greg Gonzalez (GZG) 55.40 54.80 $275 $15,070.00 $14,467.20 Fely F. Villadelgado (FFV) 0.40 0.00 $275 $0.00 $0.00 Dylan Verner-Crist (DVC) 77.30 72.00 $240 $17,280.00 $16,588.80 Marcus V. Levy (MVL) 0.50 0.00 $240 $0.00 $0.00 Nathalie Welch (NW) 28.00 16.70 $240 $4,008.00 $3,847.68 Hanna Wallace (HW) 334.40 321.40 $240 $77,136.00 $74,050.56 Michael Brier (MB) 170.00 140.40 $225 $31,590.00 $30,326.40 RBGG CLAIMED FEES: Total Hours: 1,654.90 1,578.50 $716,681.50 $688,014.24 PRISON LAW OFFICE Donald Specter (DS) 8.10 8.10 $965 $7,816.50 $7,503.84 Sara Norman (SN) 4.40 4.40 $790 $3,476.00 $3,336.96 Corene Kendtrick (CK) 3.90 3.90 $675 $2,632.50 $2,527.20 Rita Lomb (RL) 164.00 164.00 $615 $100,860.00 $96,825.60 Thomas Nosewicz (TMN) 96.90 96.90 $585 $56,686.50 $54,419.04 Margot Mendelson (MM) 57.30 57.30 $535 $30,655.50 $29,429.28 Camille Woods (CW) 86.70 86.70 $350 $30,345.00 $29,131.20 Amber Norris (AN) 151.30 151.30 $335 $50,685.50 $48,658.08 Megan Lynch (ML) 289.20 289.20 $335 $96,882.00 $93,006.72 Sarah Hopkins (SH) 128.90 128.90 $300 $38,670.00 $37,123.20 Alayna O'Bryan 70.80 70.80 $275 $19,470.00 $18,691.20 Tania Amarillas (TA) 20.30 20.30 $275 $5,582.50 $5,359.20 Darryl Geyer (DG) 14.60 14.60 $275 $4,015.00 $3,854.40 Alexis Hoffman (AH) 50.70 50.70 $275 $13,942.50 $13,384.80 Gabby Sergi (GS) 145.60 145.60 $275 $40,040.00 $38,438.40 Gabriela Pelsinger (GP) 84.80 84.80 $275 $23,320.00 $22,387.20 Juliette Mueller (JM) 108.20 108.20 $275 $29,755.00 $28,564.80 Total Hours: 1,485.70 1,485.70 PLO CLAIMED FEES: $554,834.50 $532,641.12 DISABILITY RIGHTS EDUCATION AND DEFENSE FUND Linda Kilb (LK) 0.1 0.1 $845 $84.50 $81.12 Case Clerk 1.70 1.70 $170 $289.00 $277.44 Total Hours: 1.70 1.70 DREDF CLAIMED FEES: $373.50 $358.56 TOTAL CLAIMED CDCR/AOAP MONITORING FEES: $1,271,889.50 $1,221,013.92

Armstrong v. Brown

Fourth Quarterly Statement of 2018

October 1, 2018 through December 31, 2018

Costs

Matter: CDCR/AOAP Merits/Monitoring

Costs Now Owing Rosen, Bien, Galvan & Grunfeld (581-3) Costs Per Negotiated Compromise Photocopying (In house) $1,604.00 $1,539.84 Photocopying/printing (Outside) $712.29 $683.80 Translation/Interpreter Services $1,841.20 $1,767.55 Online Research — PACER, Westlaw $155.73 $149.50 Postage & Delivery $184.72 $177.33 Telephone $149.10 $143.14 Travel — Mileage, Tolls, Food $12,174.94 $11,687.94 Total RBGG Costs: $16,821.98 $16,149.10 Prison Law Office Photocopying (In house) $301.80 $289.73 Interpreter services (SLI) $4,793.70 $4,601.95 Travel — Mileage, Tolls, Food $13,696.88 $13,149.00 Postage & Delivery $1,566.10 $1,503.46 Total PLO Costs: $20,358.48 $19,544.14 Disability Rights Education & Defense Fund, Inc. Photocopying (in-house) $61.80 $59.33 Postage & Delivery $18.59 $17.85 Total DREDF Costs: $80.39 $77.17 TOTAL CLAIMED CDCR/AOAP MERITS/MONITORING COSTS: $37,260.85 $35,770.42

EXHIBIT B

Armstrong v. Brown

Fourth Quarterly Statement of 2018

October 1, 2018 through December 31, 2018

BPH SUMMARY OF UNDISPUTED FEES AND COSTS

MATTER UNDISPUTED FEES UNDISPUTED COSTS BPH $85,276.80 $762.56 TOTAL UNDISPUTED: $86,039.36

Armstrong v. Brown

Fourth Quarterly Statement of 2018

October 1, 2018 through December 31, 2018

Matter: BPH

BPH (581-4) Actual Claimed 2018 Fees Now Owing Per Negotiated Hours Hours Rates Total Compromise BPH MONITORING (581-4) ROSEN, BIEN, GALVAN & GRUNFELD Ernest Galvan (EG) 2.2 2.2 $780 $1,716.00 $1,647.36 Gay C. Grunfeld (GCG) 4.40 4.40 $835 $3,674.00 $3,527.04 Thomas Nolan (TN) 49.60 49.60 $700 $34,720.00 $33,331.20 Karen Janssen (KJJ) 0.40 0.00 $525 $0.00 $0.00 Benjamin Bien-Kahn (BBK) 0.10 0.00 $535 $0.00 $0.00 Hugo D. Cabrera (HDC) 11.50 11.50 $410 $4,715.00 $4,526.40 Karen Stilber (KES) 1.60 1.60 $340 $544.00 $522.24 Dylan Verner-Crist (DVC) 0.30 0.00 $240 $0.00 $0.00 Marcus V. Levy (MVL) 0.70 0.00 $240 $0.00 $0.00 Nathalie C. Welch 3.80 1.30 $240 $312.00 $299.52 Total Hours: 74.60 70.60 RBGG CLAIMED FEES: $45,681.00 $43,853.76 PRISON LAW OFFICE Sara Norman (SN) 9.80 9.80 $790 $7,742.00 $7,432.32 Rita Lomio (RL) 18.60 18.60 $615 $11,439.00 $10,981.44 Rana Anabtawi (RA) 44.80 44.80 $535 $23,968.00 $23,009.28 Total Hours: 73.20 73.20 PLO CLAIMED FEES: $43,149.00 $41,423.04 TOTAL CLAIMED FEES FOR BPH WORK: $88,830.00 $85,276.80

Armstrong v. Brown

Fourth Quarterly Statement of 2018

October 1, 2018 through December 31, 2018

Costs

Matter: BPH

Costs Now Owing Rosen, Bien, Galvan & Grunfeld (581-4) Costs Per Negotiated Compromise Photocopying (In house) $18.20 $17.47 Telephone $0.60 $0.58 Travel — Mileage, Tolls, Food $333.86 $320.51 Total RBGG Costs: $352.66 $338.55 Prison Law Office Travel — Mileage, Tolls, Food $441.67 $424.00 Total PLO Costs: $441.67 $424.00 TOTAL CLAIMED BPH COSTS: $794.33 $762.56

EXHIBIT C

Armstrong v. Brown

Fourth Quarterly Statement of 2018

October 1, 2018 through December 31, 2018

DAPO SUMMARY OF UNDISPUTED FEES AND COSTS

MATTER UNDISPUTED FEES UNDISPUTED COSTS DAPO MONITORING $209,897.76 $4,142.60 TOTAL UNDISPUTED: $214,040.36

Armstrong v. Brown

Fourth Quarterly Statement of 2018

October 1, 2018 through December 31, 2018

Costs

Matter: DAPO Monitoring

Costs Now Owing Rosen, Bien, Galvan & Grunfeld (581-3) Costs Per Negotiated Compromise Photocopying (in-house) $814.20 $781.63 Photocopying (outside) $179.77 $172.58 Westlaw $392.57 $376.87 Inhouse Postage $57.35 $55.06 Long distance telephone charges $1.35 $1.30 Travel — Mileage, Tolls, Food $2,869.97 $2,755.17 Total RBGG Costs: $4,315.21 $4,142.60 TOTAL CLAIMED DAPO MONITORING COSTS: $4,315.21 $4,142.60

EXHIBIT D

Armstrong v. Brown

Fourth Quarterly Statement of 2018

October 1, 2018 through December 31, 2018

SUMMARY OF UNDISPUTED FEES AND COSTS

UNDISPUTED FEES UNDISPUTED COSTS FEES WORK (ALL MATTERS) $13,072.32 $239.55 TOTAL UNDISPUTED: $13,311.87

Armstrong v. Brown

Fourth Quarterly Statement of 2018

October 1, 2018 through December 31, 2018

Matter: All Matters Fees Work

Fees (581-2) Actual Claimed 2018 Fees Now Owing Per Negotiated Hours Hours Rates Total Compromise ROSEN, BIEN, GALVAN & GRUNFELD Gay C. Grunfeld (GCG) 7.40 7.20 $835 $6,012.00 $5,771.52 Karen E. Stilber (KES) 14.80 14.00 $340 $4,760.00 $4,569.60 Linda H. Woo (LHW) 0.20 0.00 $225 $0.00 $0.00 RBGG CLAIMED FEES: Total Hours: 22.40 21.20 $10,772.00 $10,341.12 PRISON LAW OFFICE Rita Lomio 1.50 1.50 $615 $922.50 $885.60 Margot Mendelson (MKM) 1.00 1.00 $535 $535.00 $513.60 Ashley Kirby (AK) 5.40 5.40 $210 $1,134.00 $1,088.64 Total Hours: 7.90 7.90 PLO CLAIMED FEES: $2,591.50 $2,487.84 DISABILITY RIGHTS EDUCATION AND DEFENSE FUND Linda Kilb (LDK) 0.30 0.30 $845 $253.50 $243.36 DREDF CLAIMED FEES: Total Hours: 0.30 0.30 $253.50 $243.36 TOTAL CLAIMED FEES FOR ARMSTRONG FEES WORK: $13,617.00 $13,072.32

Armstrong v. Brown

Fourth Quarterly Statement of 2018

October 1, 2018 through December 31, 2018

Costs

Matter: Fees Work in All Matters

Costs Now Owing Rosen, Bien, Galvan & Grunfeld (581-2) Costs Per Negotiated Compromise Photocopying and Printing (in-house) $194.60 $186.82 Postage & Delivery $46.53 $44.67 Total RBGG Costs: $241.13 $231.48 Disability Rights Education & Defense Fund, Inc. Photocopying (in-house) $8.40 $8.06 Total DREDF Costs: $8.40 $8.06 TOTAL CLAIMED FEES WORK COSTS: $249.53 $239.55
Source:  Leagle

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