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William C. McNeill, III, State Bar No. 64392 Claudia Center, State Bar No. 158255 Elizabeth Kristen, State Bar No. 218227 LEGAL AID SOCIETYEMPLOYMENT LAW CENTER 180 Montgomery Street, Suite 600 San Francisco, CA 94104 Telephone: (415) 864-8848 Facsimile: (415) 593-0096 Email: wmcneill@las-elc.org ccenter@las-elc.org ekristen@las-elc.org Daniel S. Mason, State Bar No. 54065 Patrick Clayton, State Bar No. 240191 Zelle Hofmann Voelbel & Mason LLP 44 Montgomery St Ste 3400 San Francisco, CA 94104 Telephone: (415) 693-0700 Facsimile: (415) 693-0770 Email: pclayton@zelle.com Attorneys for Plaintiffs UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA (OAKLAND DIVISION) MICHAEL DRAGOVICH, MICHAEL GAITLEY, ELIZABETH LITTERAL, PATRICIA FITZSIMMONS, CAROLYN LIGHT, CHERYL LIGHT, DAVID BEERS, CHARLES COLE, RAFAEL V. DOMINGUEZ, and JOSE G. HERMOSILLO, on behalf of themselves and all others similarly situated, Plaintiffs, v. UNITED STATES DEPARTMENT OF THE TREASURY, TIMOTHY GEITHNER, in his official capacity as Secretary of the Treasury, United States Department of the Treasury, INTERNAL REVENUE SERVICE, DOUGLAS SHULMAN, in his official capacity as Commissioner of the Internal Revenue Service, BOARD OF ADMINISTRATION OF CALIFORNIA PUBLIC EMPLOYEES’ RETIREMENT SYSTEM, and ANNE STAUSBOLL, in her official capacity as Chief Executive Officer, CalPERS, Defendants. Case No. CV 4:10-01564-CW STIPULATION AND PROPOSED ORDER REGARDING PLAINTIFFS’ MOTION FOR REASONABLE ATTORNEYS’ FEES AND COSTS

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1 WHEREAS, on May 24, 2012, this Court entered judgment in favor of plaintiffs; 2 3 4 5 and costs; 6 7 WHEREAS, Rule 54 (d)(2)(B) of the Federal Rules of Civil Procedure sets forth the 8 9 motion for such fees be filed within 14 days after entry of judgment; while, correspondingly, 28 10 11 the Federal Government, or any agency, or any official of the United States acting in his or her 12 official capacity, requires that a motion for such fees and other expenses be filed within 30 days 13 of final judgment in the action; 14 WHEREAS, plaintiffs are seeking additional time within which to file any motion for 15 16 WHEREAS, defendants have agreed to allow plaintiffs additional time within which to 17 18 19 EAJA is not affected by this stipulation. 20 WHEREAS, plaintiffs also plan to seek costs under Fed. R. Civ. P. 54(d)(1) and 28 21 22 expenses. 23 24 fees and costs by entering into this stipulation for an extension of time. 25 26 filing an Administrative Motion for an Extension of Time with this Court as to BLAG. 27 28
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WHEREAS, this Court, in its Order Granting Plaintiffs’ Motion for Summary Judgment and Denying the BLAG’s and Federal Defendants’ Cross-Motions for Summary Judgment, dated May 24, 2012, specifically allowed Plaintiffs to submit a motion seeking attorneys’ fees

WHEREAS, plaintiffs intend to file a motion for reasonable attorneys’ fees and costs;

procedure and timing for a plaintiff’s recovery of attorneys’ fees, and that rule requires that a

U.S.C. § 2412(d) (EAJA), which provides for a plaintiff’s recovery of attorneys’ fees against

reasonable attorneys’ fees that do not arise under EAJA;

file their motion for reasonable attorneys’ fees that do not arise under EAJA; WHEREAS, the deadline for filing their motion for reasonable attorneys’ fees under

U.S.C. 2412(a) and will do so simultaneously with their motion for attorneys’ fees and

WHEREAS, defendants do not concede that plaintiffs are entitled to recover attorneys’

WHEREAS, BLAG has declined to sign this stipulation and Plaintiffs’ counsel will be

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THEREFORE, IT IS HEREBY STIPULATED AND AGREED AS FOLLOWS: Plaintiffs’ motion for reasonable attorneys’ fees and costs will be filed on or before August 22, 2012. So stipulated, LEGAL AID SOCIETY – EMPLOYMENT LAW CENTER

Dated: June 7, 2012

By: /s/Elizabeth Kristen Elizabeth Kristen, Counsel for Plaintiffs

BOARD OF ADMINISTRATION OF CALIFORNIA PUBLIC EMPLOYEES’ RETIREMENT SYSTEM, and ANNE STAUSBOLL Dated: June 7, 2012 By: /s/ Edward Gregory Edward Gregory, Counsel for Defendants CalPERS and Stausboll

U.S. DEPARTMENT OF JUSTICE CIVIL DIVISION

Dated: June 7, 2012

By: /s/ Jean Lin Jean Lin, Counsel for Federal Defendants

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GENERAL ORDER 45 ATTESTATION In accordance with General Order 45, concurrence in the filing of this document

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has been obtained from each of the signatories, and I shall maintain records to support this concurrence for subsequent production for the court if so ordered or for inspection upon request by a party. /s/ Elizabeth Kristen Elizabeth Kristen

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ORDER It is so ordered.

Dated

UNITED STATES DISTRICT JUDGE

Stipulation and Proposed Order Case No. CV 4:10-01564-CW

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