Parrish et al v. National Football League Players Incorporated

Filing 584

MOTION for Attorney Fees --Class Counsel's Application for Preliminary and Final Determination of Costs, Fees, Expenses, and an Incentive Payment for Class Representative, Herbert Adderley, as well as Determination of Form of Class Notice and Scheduling Order filed by Herbert Anthony Adderley. Motion Hearing set for 1/8/2009 08:00 AM. (Attachments: # 1 Proposed Order)(Katz, Ronald) (Filed on 11/26/2008)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MANATT, PHELPS & PHILLIPS, LLP A T T O R N E Y S A T LAW PALO A L T O MANATT, PHELPS & PHILLIPS, LLP RONALD S. KATZ (Bar No. CA 085713) E-mail: rkatz@manatt.com RYAN S. HILBERT (California Bar No. 210549) E-mail: rhilbert@manatt.com NOEL S. COHEN (California Bar No. 219645) E-mail: ncohen@manatt.com 1001 Page Mill Road, Building 2 Palo Alto, CA 94304-1006 Telephone: (650) 812-1300 Facsimile: (650) 213-0260 McKOOL SMITH, P.C. LEWIS T. LECLAIR (Bar No. CA 077136) E-mail: lleclair@mckoolsmith.com JILL ADLER NAYLOR (Bar No. CA 150783) E-mail: jadler@mckoolsmith.com 300 Crescent Court, Suite 1500 Dallas, TX 75201 Telephone: (214) 978-4000 Facsimile: (214) 978-4044 Attorneys for Plaintiffs UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION BERNARD PAUL PARRISH, and HERBERT ANTHONY ADDERLEY, on behalf of themselves and all others similarly situated, Plaintiffs vs. NATIONAL FOOTBALL LEAGUE PLAYERS ASSOCIATION, a Virginia corporation, and NATIONAL FOOTBALL LEAGUE PLAYERS INCORPORATED d/b/a PLAYERS INC, a Virginia corporation, Defendants. CIVIL ACTION NO. C07 0943 WHA [PROPOSED] ORDER GRANTING CLASS COUNSELS' APPLICATION FOR PRELIMINARY AND FINAL DETERMINATION OF COSTS, FEES, EXPENSES, AND AN INCENTIVE PAYMENT FOR CLASS REPRESENTATIVE, HERBERT ADDERLEY, AS WELL AS DETERMINATION OF FORM OF CLASS NOTICE AND SCHEDULING ORDER Date: January 8, 2009 Time: 8:00 a.m. Judge: Honorable William H. Alsup 20198226.1 4249v1 [PROPOSED] ORDER CASE NO. C07 0943 WHA 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Having considered Plaintiffs' petition for a preliminary and final award of attorneys' fees, reimbursement of their costs and expenses which are substantial, request that the sole class representative, Herbert Adderley, be awarded an incentive fee for his generous participation on behalf of the entire GLA Class, and a determination of the form of class notice on the above (the "Petition"), any Opposition to the Petition, and all other papers filed herein, the records of the case, and the oral argument on the Petition, if any, the Court hereby orders as follows: IT IS HEREBY ORDERED that the Petition is GRANTED IT IS FURTHER ORDERED that the requested attorneys' fees , costs and other expenses are fair and reasonable under the applicable legal standards and in light of the risks incurred, the result achieved, and the effort expended. As well, it is appropriate to award Herbert Adderley an incentive award. IT IS FURTHER ORDERED that 1) a hearing for a preliminary review of attorneys' fees, costs, and expenses, and incentive award for class representative, Herbert Adderley will be held at ____ on ______; and 2) a hearing on the form of class notice appropriate on these matters will be held at ____ on ______; and 3) a scheduling order for submission of a proposed class notice and mailing of class notice, objections, and a final hearing will be forthcoming. IT IS SO ORDERED. Dated: ________________, 2008 _______________________________________ Honorable William H. Alsup United States District Court 20198226.1 49v1 2 [PROPOSED] ORDER CASE NO. C07 0943 WHA

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