Schwarzenegger

ORDER GRANTING IN PART PLAINTIFF’S MOTION FOR RECOVERY OF FEES A AND ESTABLISHMENT OF A SEMI-ANNUAL FEE PROCESS

Plaintiff Prison Legal News has filed a motion for recovery of reasonable attorneys’ fees and establishment of a semiannual fees process. Defendants oppose the motion. The motion was decided on the papers. Having considered all of the papers filed by the parties, the Court grants Plaintiffs motion in part and denies it in part.

BACKGROUND

Plaintiff Prison Legal News (PLN) is an organization that alleged that the California Department of Corrections and Rehabilitation (CDCR) illegally censored its publications. In January, 2006, the parties entered into an agreement to negotiate in order to settle Plaintiffs claims and to avoid litigation. The agreement to negotiate provided that Plaintiff “shall be the prevailing party for purposes of reasonable attorneys’ fees, costs and expenses pursuant to 42 U.S.C. § 1988 and other relevant fee shifting statutes.” Rosen Decl., Ex. 8 at Appx. A ¶ 8.

In December, 2006, the parties entered into a settlement agreement. The settlement agreement provides that “CDCR agrees to pay to PLN’s counsel reasonable attorneys’ fees, costs and…