Barbosa v. Cargill Meat Solutions Corp.

Filing 66

ORDER for Supplemental Documentation to support motion for attorneys' fees. Order signed by Magistrate Judge Sheila K. Oberto on 5/30/2013. (Timken, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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CHRISTINA BARBOSA, et al.,

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Plaintiffs

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CASE NO.: 1:11-cv-00275-SKO
ORDER FOR SUPPLEMENTAL
DOCUMENTATION TO SUPPORT
MOTION FOR ATTORNEYS' FEES

v.

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CARGILL MEAT SOLUTIONS CORP.,
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Defendant.
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After granting preliminary approval of the parties class action settlement, the Court issued

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an order regarding documentation in support of the motion for final approval of the class action

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settlement and the motion for attorneys' fees. (Doc. 54.) The Court reminded Plaintiffs and their

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counsel to submit (1) detailed billing records of Class Counsel and declarations setting froth the

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years of experience of the attorneys who performed work on the case to support the motion for

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attorneys' fees; and (2) evidence in the form of declarations or citation to recent cases establishing

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that the hourly rates requested are reasonable for this forum, i.e., Fresno, California. (Doc. 54.)

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After reviewing Plaintiffs' motion for attorneys' fees, the Court finds there is insufficient

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documentation to perform a lodestar cross-check in assessing the reasonableness of the percentage

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of the settlement common fund requested as attorneys' fees. The time records submitted by Philip

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A. Downey are sufficiently detailed, but the time records submitted by R. Rex Parris Law Firm do

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not provide the requisite information. Specifically, the R. Rex Parris Law Firm sets out a "blended

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rate" of $500 per hour for a combined 491.5 hours of work performed on this case by personnel in

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the firm. (Doc. 63-1, ¶¶ 8, 13, 14.) The declaration of Alexander R. Wheeler indicates that the hours

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billed were performed by Mr. Wheeler and several of the firm's partners, associates, paralegals, and

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legal assistants, but the billing records do not identify the particular person who performed the work

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tasks recorded. (Doc. 63-1, ¶ 8.) Additionally, Mr. Wheeler's declaration does not identify the

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personnel involved in the case or set forth the years of practice and experience of the counsel

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performing work on the case as the Court requested in its January 16, 2013, order.

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To perform a meaningful cross-check of the attorneys' fees requested, the Court requires more

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detailed time records that identify the particular personnel at the R. Rex Parris Law Firm who

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performed work on the case, the number of hours that person worked, whether that person was an

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attorney and, if so, the years of experience of that attorney, or whether the person performing work

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was a legal secretary or paralegal. To the extent that counsel from the R. Rex Parris Law Firm wish

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to lodge with the Court, as opposed to filing, more detailed time records for in-camera review, they

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may do so. Any documentation lodged with the Court should be reflected by a notice filed on the

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docket that a paper submission was made to the Court.

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Further, Plaintiffs counsel have not set forth any case authority or other declaration showing

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that their requested rates are reasonable in this forum.

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Accordingly, IT IS HEREBY ORDERED that:

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Class Counsel from the R. Rex Parris Law Firm shall submit more detailed time
records as described above in support of their request for attorneys' fees;

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2.

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Class Counsel shall provide additional evidence, either by declaration or case
authority, establishing that their requested hourly rates are reasonable in this forum;

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3.

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Class Counsel shall file this supplemental information on or before June 5, 2013;
and

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4.

To the extent that Class Counsel requires more time to submit the additional

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documentation regarding attorneys' fees, Counsel may present this request at the

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Final Approval Hearing on Wednesday, June 5, 2013.

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IT IS SO ORDERED.

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Dated:
ie14hj

May 30, 2013

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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