Parrish et al v. National Football League Players Incorporated

Filing 726

MOTION for Approval of Reimbursement to McKool Smith, P.C. filed by Herbert Anthony Adderley. (Attachments: # 1 Proposed Order)(Katz, Ronald) (Filed on 10/12/2010)

Parrish et al v. National Football League Players Incorporated

Doc. 726

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A PROFESSIONAL CORPORATION · ATTORNEYS

MANATT, PHELPS & PHILLIPS, LLP RONALD S. KATZ (Bar No. CA 085713) E-mail: [e-mail] RYAN S. HILBERT (California Bar No. 210549) E-mail: [e-mail] NOEL S. COHEN (California Bar No. 219645) E-mail: [e-mail] 1001 Page Mill Road, Building 2 Palo Alto, CA 94304-1006 Telephone: [phone] Facsimile: [phone] McKOOL SMITH, P.C. LEWIS T. LECLAIR (Bar No. CA 077136) E-mail: lleclair@mckoolsmith 300 Crescent Court, Suite 1500 Dallas, TX 75201 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiffs UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION HERBERT ANTHONY ADDERLEY, on behalf of himself and all others similarly situated, Plaintiff 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

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DALLAS, TEXAS

MCKOOL SMITH

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CLASS COUNSELS' MOTION FOR APPROVAL OF REIMBURSEMENT TO McKOOL SMITH, P.C.

MOTION FOR APPROVAL OF REIMBURSEMENT TO MCKOOL SMITH ­ Page 1 Civil Action No. C07 0943 WHA Dallas 310824v1

Dockets.Justia.com

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A PROFESSIONAL CORPORATION · ATTORNEYS

I.

INTRODUCTION By this motion, Class Counsel seeks an order approving a reimbursement to McKool

Smith for amounts inadvertently paid to the Class Administrator, The Garden City Group, Inc. ("Garden City"). II. ARGUMENT On April 21, Garden City sent Class Counsel an invoice in the amount of $14,279.27 for services rendered in connection with the administration of the claims process, mailing of notices and distribution of the settlement proceeds. Declaration of Lewis LeClair, at ¶ 2 and Ex. A. Paragraph 36 of the June 5, 2010 Settlement Agreement between class representative Herbert Anthony Adderley and defendants National Football League Players Association and National Football League Players Incorporated provides that such costs, including administrative costs incurred in connection with effectuating the settlement agreement and distributing monies from the settlement, will be paid from the Settlement Fund: [d]isbursements for Notice and Administration Costs, including reasonable expenses associated with providing notice of the settlement to the Class [and] expenses associated with administering the settlement . . . shall be paid from the Settlement Fund when incurred. LeClair Decl. at ¶ 3 and Ex. B. However, rather than submitting Garden City's invoice to the Court for approval for payment from the Settlement Fund, McKool Smith inadvertently paid Garden City $7,139.64 -- an amount representing half of Garden City's April 21, 2010 invoice. LeClair Decl., ¶ 4 and Ex. C. McKool Smith made this clerical error due to the fact that it had been splitting all expenses with its co-counsel, Manatt, Phelps & Phillips, LLP prior to the time the Court approved the Settlement Agreement.

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DALLAS, TEXAS

MCKOOL SMITH

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MOTION FOR APPROVAL OF REIMBURSEMENT TO MCKOOL SMITH ­ Page 2 Civil Action No. C07 0943 WHA Dallas 310824v1

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A PROFESSIONAL CORPORATION · ATTORNEYS

III.

CONCLUSION Class Counsel respectfully requests that the Court approve a reimbursement to McKool

Smith, P.C. in the amount of $7,139.64 as the entirety of Garden City's April 21, 2010 invoice should have been paid from the Settlement Fund. Respectfully submitted, Dated: October 12, 2010 MANATT, PHELPS & PHILLIPS, LLP By:_/s/Ronald S. Katz_____________________ Ronald S. Katz (SBN 085713) Ryan S. Hilbert (SBN 210549) Noel S. Cohen (SBN 219645) 1001 Page Mill Road, Building 2 Palo Alto, CA 94304-1006 Telephone: [phone] Facsimile: [phone] MCKOOL SMITH, P.C. Lewis T. LeClair (SBN 077136) Jill Adler Naylor (SBN 150783) 300 Crescent Court Dallas, TX 75201 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiffs
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DALLAS, TEXAS

MCKOOL SMITH

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Dallas 310824v1

MOTION FOR APPROVAL OF REIMBURSEMENT TO MCKOOL SMITH ­ Page 3 Civil Action No. C07 0943 WHA