Wilkening et al v. Gags & Games, Inc.

Filing 70

ORDER signed by Judge John A. Mendez on 8/21/13 GRANTING 51 MOTION for ATTORNEY FEES AND COSTS. (Meuleman, A)

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1 LAW OFFICE OF MARY-ALICE COLEMAN MARY-ALICE COLEMAN, SBN 98365 2 MICHAEL S. AHMAD, SBN 231228 1109 Kennedy Place, Suite #2 3 Davis, CA 95616 Telephone: (916) 498-9131 4 Facsimile: (916) 304-0880 5 LAW OFFICES OF SOHNEN & KELLY HARVEY SOHNEN, SBN 62850 6 PATRICIA KELLY, SBN 99837 2 Theatre Square, Suite 230 7 Orinda, CA 94563-3346 Telephone: (925)258-9300 8 Facsimile: (925) 258-9315 9 Attorneys for Plaintiffs JOAN WILKENING, TARA MISSEL, CHRISTOPHER HUGHES, 10 and SABRINA GRAHAM, individually, and on 11 behalf of all others similarly situated 12 13 UNITED STATES DISTRICT COURT 14 Eastern District of California 15 Sacramento Division 16 17 18 JOAN WILKENING, TARA MISSEL, CHRISTOPHER HUGHES, and SABRINA GRAHAM individually, and on behalf of all others similarly situated, 19 20 21 22 23 CASE NO.: 2:11-cv-01802-JAM-DAD ORDER GRANTING AWARD OF ATTORNEYS’ FEES AND COSTS Plaintiffs, v. GAGS AND GAMES, INC. doing business as HALLOWEEN CITY, a Michigan corporation, Date: August 21, 2013 Time: 9:30 a.m. Judge: Hon. John A. Mendez Courtroom: 6 Action Filed: July 8, 2011 Defendant. 24 25 26 This matter comes before the Court on the Plaintiffs’ Motion for Attorneys’ Fees and 27 Costs was heard by the Court on August 21, 2013, at 9:30 a.m., in Courtroom Six, of the United 28 1 [Proposed] Order Granting Attorneys’ Fees Case No.: 2:11-cv-01802-JAM-DAD 1 States District Court, Eastern District of California, Sacramento Division, before the Honorable 2 John A. Mendez, pursuant to the noticed Motion for Award of Attorneys’ Fees and Costs. The 3 proposed settlement in this case was preliminarily approved by this Court on May 16, 2013 4 (Docket No. 50). Pursuant to the Court’s Preliminary Approval Order and the Notice provided 5 to the Class, the Court conducted a fairness hearing under Fed.R.CIv.P. 23(e) on August 21, 6 2013. The Court has reviewed the materials submitted by the parties, as well as the comments 7 and materials received from parties interested in the Settlement and has heard arguments 8 presented at such hearing. For the reasons cited on the record as well as those stated hereafter, 9 the Court finds and orders as follows: 10 1. 11 The Court finds that notice of the requested award of attorneys’ fees and reimbursement of costs and expenses was directed to Class Members in a 12 reasonable manner, and complied with Rule 23(h)(1) of the Federal Rules of Civil 13 Procedure. Class Members and any party from whom payment is sought have 14 been given the opportunity to object pursuant to Rule 23(h)(2) of the Federal 15 16 Rules of Civil Procedure, and no Class Member has objected to the requested fees 17 or expenses. 18 2. 19 Class Counsel, having conferred a benefit on absent Class Members and having expended efforts to secure a benefit to the Class, is entitled to a fee and 20 accordingly, the Court approves the application of Class Counsel, 1) Law Offices 21 of Sohnen & Kelly; and 2) Law Office of Mary-Alice Coleman in the total 22 23 amount of $420,000.00, or 30 per cent of the cash portion of the common fund, 24 for their attorneys’ fees and $23,641.76 for their litigation expenses. 25 3. The Court further approves and directs Simpluris, Inc., the appointed Claims 26 Administrator, within ten (10) calendar days of the Final Effective Date, (as that term is defined 27 in the Settlement Agreement, ¶1.i), to disburse to the Law Offices of Sohnen & Kelly and Law 28 2 [Proposed] Order Granting Attorneys’ Fees Case No.: 2:11-cv-01802-JAM-DAD 1 Office of Mary-Alice Coleman, jointly, the sums set forth above. 2 IT IS SO ORDERED. 3 Dated: August 21, 2013 /s/ John A. Mendez______ Hon. John A. Mendez Judge, U.S. District Court 4 5 6 7 8 Approved as to form: FOX ROTHSCHILD LLP 9 10 Date: August 12, 2013 11 12 /s/Tyreen Torner______ DAVID F. FAUSTMAN TYREEN TORNER Attorneys for Defendant GAGS & GAMES, INC. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 [Proposed] Order Granting Attorneys’ Fees Case No.: 2:11-cv-01802-JAM-DAD

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