Filed: Jun. 11, 2015
Latest Update: Jun. 11, 2015
Summary: STIPULATION REGARDING ATTORNEYS' FEES AND EXPENSES ARISING FROM HECKER LITIGATION DALE A. DROZD , Magistrate Judge . On March 2, 2015, the Court entered an Order for Final Approval of Settlement Agreement entered jointly in the above-captioned matter (Docket No. 5284) and in Hecker v. California Department of Corrections and Rehabilitation, No. 05-CV-2441 KJM-DAD (Docket No. 147). The Settlement Agreement requires that the parties resolve any claims for attorneys' fees and costs arising f
Summary: STIPULATION REGARDING ATTORNEYS' FEES AND EXPENSES ARISING FROM HECKER LITIGATION DALE A. DROZD , Magistrate Judge . On March 2, 2015, the Court entered an Order for Final Approval of Settlement Agreement entered jointly in the above-captioned matter (Docket No. 5284) and in Hecker v. California Department of Corrections and Rehabilitation, No. 05-CV-2441 KJM-DAD (Docket No. 147). The Settlement Agreement requires that the parties resolve any claims for attorneys' fees and costs arising fr..
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STIPULATION REGARDING ATTORNEYS' FEES AND EXPENSES ARISING FROM HECKER LITIGATION
DALE A. DROZD, Magistrate Judge.
On March 2, 2015, the Court entered an Order for Final Approval of Settlement Agreement entered jointly in the above-captioned matter (Docket No. 5284) and in Hecker v. California Department of Corrections and Rehabilitation, No. 05-CV-2441 KJM-DAD (Docket No. 147). The Settlement Agreement requires that the parties resolve any claims for attorneys' fees and costs arising from the Hecker litigation as part of the periodic fees process in Coleman. (Docket No. 5284-1 at 12 ¶ 30). Pursuant to this provision of the Settlement Agreement, the parties have met and conferred and have resolved all outstanding issues regarding attorneys' fees and costs incurred in Hecker, No. 05-CV-2441.
Plaintiffs were represented by two firms in the Hecker matter, the Legal Aid Society of San Francisco and Rosen Bien Galvan & Grunfeld LLP. Over a period of 12 years, the two firms expended over 6,200 hours on the matter. See Exhibit A, Time and Costs Summaries. At the 2014 market rates applicable to actions under the Americans with Disabilities Act, these hours, after reductions for reasonable billing judgment, and with the addition of expenses, would result in a fees and costs award of approximately $2.5 million. Exhibit A. As part of the settlement, however, Plaintiffs agreed to seek compensation only within the rates cap of the Prison Litigation Reform Act, under which the total amounts to $1.315 million.
The parties have met and conferred regarding further reductions in the attorneys' fees. The parties have now agreed to resolve all issues regarding the Hecker fees and costs claims via payment by Defendants' to Plaintiffs' counsel in the amount of $1,165,426.23, in satisfaction of all claims for attorneys' fees and costs arising from the Hecker litigation.
THEREFORE, THE PARTIES HEREBY STIPULATE AND AGREE that $1,165,426.23 plus interest is due and collectable as of sixty (60) days from the date of entry of this Order. Interest on these fees and costs will run from December 6, 2014 (31 days after Defendants' receipt of Plaintiffs' statement), accruing at the rate provided by 28 U.S.C. § 1961.
IT IS SO STIPULATED.
IT IS SO ORDERED.
