Eure v. Ryder Integrated Logistics, Inc. et al

Filing 39

ORDER signed by District Judge Morrison C. England, Jr. on 11/19/2018 GRANTING Plaintiff's 32 motion for attorneys' fees, costs and class representative enhancement/general release payment; the Class are entitled to a fee and accordingly the Court APPROVES the application of Class Counsel for $75,000 for their attorneys' fees and $11,985.24 for litigation costs; the Class Representative payment in the amount of $5,000 for Plaintiff Tim Eure is APPROVED and ORDERED paid in accordance the terms of the Settlement Agreement; within 14 days of the effective date, as defined in the Settlement Agreement the Court directs the Settlement Administrator to disburse the Gross Settlement amount; the Court retains jurisdiction over the administration and effectuation of the Settlement. (Reader, L)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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TIM EURE, on behalf of himself, all others

Case No.: 2:16-cv-00324-MCE-AC

general public,

[Assigned For All Purposes The Honorable
Morrison C. England Jr.]

12 similarly situated, and on behalf of the
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14 Plaintiffs,
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vs.

16 RYDER INTEGRATED LOGISTICS, INC., a
17 corporation; RYDER DEDICATED

LOGISTICS, INC., a corporation, and DOES
18 1-100, inclusive,

19 Defendant.
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ORDER GRANTING PLAINTIFF’S
UNOPPOSED MOTION FOR ATTORNEYS’
FEES, COSTS, AND CLASS
REPRESENTATIVE
ENHANCEMENT/GENERAL RELEASE
PAYMENT
Date: November 15, 2018
Time: 11:00 a.m.
Judge: Hon. Morrison C. England
Courtroom: 7
Action Filed: April 20, 2015
Action Removed: February 17, 2016

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Case No. 2:16-cv-00324-MCE-AC

ORDER GRANTING PLAINTIFF’S UNOPPOSED MOTION FOR ATTORNEYS’ FEES, COSTS, AND
CLASS REPRESENTATIVE ENHANCEMENT/GENERAL RELEASE PAYMENT

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Plaintiff’s

Motion

for

Attorneys’

Fees,

Costs,

and

Class

Representative

2 Enhancement/General Release Payment (ECF No. 32) duly came on for hearing on
3 November 15, 2018, before the Honorable Morrison C. England Jr. All counsel were present
4 for the hearing.
5 FINDINGS:
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Based on the oral and written argument and evidence presented in connection with

7 the motion, the Court makes the following findings:
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1.

Class Counsel have conferred a benefit on absent Class Members and

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having expended efforts to secure a benefit to the Class are entitled to a fee

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and, accordingly, the Court approves the application of Class Counsel for

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$75,000 for their attorneys’ fees and $11,985.24 for litigation costs. The

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Court does not find the attorney fee award of $75,000 and costs of

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$11,985.24 are a disproportionate distribution of the Settlement under In Re

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Bluetooth Product Liability Case (“Bluetooth”) (9th Cir. 2011) 654 F.3d 935.

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The Court also finds the attorney fee award here is not unreasonable under

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Bluetooth, because the Parties did not arrange for fees to revert to

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Defendant in the event the Court awarded less than requested.

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2.

The Class Representative payment in the amount of $5,000 for Plaintiff Tim

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Eure is approved and ordered paid in accordance with the terms of the

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Settlement Agreement.

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3.

Within fourteen (14) days of the Effective Date, as defined in the Settlement

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Agreement, the Court directs the Settlement Administrator to disburse the

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following out of the Gross Settlement Amount, pursuant to Paragraphs 2(a),

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2(b), and 52:

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a.

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To Plaintiff Tim Eure, the Class Representative Enhancement
Payment in the amount of $5,000.

b.

To Class Counsel, the Class Counsel Fees in the sum of $75,000
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Case No. 2:16-cv-00324-MCE-AC

ORDER GRANTING PLAINTIFF’S UNOPPOSED MOTION FOR ATTORNEYS’ FEES, COSTS, AND CLASS
REPRESENTATIVE ENHANCEMENT/GENERAL RELEASE PAYMENT

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(25% of the Gross Settlement Amount).

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c.

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To Class Counsel, the Class Counsel Expenses in the sum of
$11,985.24.

4.

The Court retains jurisdiction over the administration and effectuation of the

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Settlement, including, but not limited to, the ultimate disbursal of Class

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Counsel

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Enhancement/General Release Payment, and any other issue related to

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this Settlement.

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fees

and

costs

and

the

Class

Representative

IT IS SO ORDERED.

10 Dated: November 19, 2018
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Case No. 2:16-cv-00324-MCE-AC

ORDER GRANTING PLAINTIFF’S UNOPPOSED MOTION FOR ATTORNEYS’ FEES, COSTS, AND CLASS
REPRESENTATIVE ENHANCEMENT/GENERAL RELEASE PAYMENT