Ozga v. U.S. Remodelers, Inc.

Filing 40

NOTICE OF TENTATIVE RULING AND QUESTIONS FOR HEARING. Signed by Judge Jeffrey S. White on August 3, 2010. (jswlc3, COURT STAFF) (Filed on 8/3/2010)

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Ozga v. U.S. Remodelers, Inc. Doc. 40 1 2 3 4 5 6 7 8 9 10 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA MATTHEW OZGA, Plaintiff, v. U.S. REMODELERS, INC., Defendants. / No. C 09-05112 JSW NOTICE OF TENTATIVE RULING AND QUESTIONS FOR HEARING United States District Court 11 For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD, PLEASE TAKE NOTICE OF THE FOLLOWING QUESTIONS FOR THE HEARING SCHEDULED ON AUGUST 6, 2010 AT 9:00 A.M.: The Court has reviewed the parties' memoranda of points and authorities and, thus, does not wish to hear the parties reargue matters addressed in those pleadings. If the parties intend to rely on legal authorities not cited in their briefs, they are ORDERED to notify the Court and opposing counsel of these authorities reasonably in advance of the hearing and to make copies available at the hearing. If the parties submit such additional authorities, they are ORDERED to submit the citations to the authorities only, with pin cites and without argument or additional briefing. Cf. N.D. Civil Local Rule 7-3(d). The parties will be given the opportunity at oral argument to explain their reliance on such authority. The Court also suggests that associates or of counsel attorneys who are working on this case be permitted to address some or all of the Court's questions contained herein. // Dockets.Justia.com 1 2 3 4 5 6 7 8 9 10 The Court tentatively grants the motion for final approval, subject to hearing any argument in opposition to the motion from persons who may appear at the final approval hearing, and subject to the following: 1. The Settlement Administrator shall provide additional support for its claim that "the total cost for the administration of this Settlement, including fees incurred and future costs for completion of the administration, is estimated to be $10,000.00." See Declaration of Alejandra Zarate 24. The Court tentatively grants in part the motion for attorney's fees and costs. In light of Plaintiffs' lodestar amount, the Court is not entirely convinced by Plaintiffs' argument that the Court should award the requested $600,000 in attorneys' fees. Accordingly, Plaintiffs should be prepared to address why the Court should award fees in the amount of $450,000.00, which represents 25% of the settlement fund. United States District Court 11 For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IT IS SO ORDERED. Dated: August 3, 2010 JEFFREY S. WHITE UNITED STATES DISTRICT JUDGE 2

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