Opperman et al v. Path, Inc. et al

Filing 433

ORDER ENTERING PSC GUIDELINES re 417 Notice STIPULATED REQUEST AMONG PSC MEMBERS FOR ENTRY OF PSC GUIDELINES. Signed by Judge Jon S. Tigar on January 8, 2014. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(wsn, COURT STAFF) (Filed on 1/8/2014)

PROPOSED GUIDELINES
Further to the Court’s direction in the matter (see Dkt. No. 400, at 3:21-4:2), Plaintiffs
Steering Committee (the “PSC”) proffers the following policies and procedures to track, monitor
and document time and expenses incurred by counsel participating in these proceedings and to
manage work assignments so that work is being performed properly and efficiently in the case.
The core mission of these guidelines is to limit excessive and duplicative litigation costs and
expense. The PSC recommends that the Court adopt the following guidelines to apply to all
services performed and expenses incurred by lawyers of law firms participating in this litigation.
I.

COORDINATION OF EFFORTS
A. Time and Expense Records

All participating firms must maintain contemporaneous time and expense records in the
billing program of their choosing. The failure to maintain contemporaneous time and expense
records will result in the disallowance of fees and/or expenses. All time expenses submitted must
be only for work authorized in advance by Co-Lead Counsel.
B. Non-Duplication of Billing
Co-Lead Counsel will assign and manage all work and be advised of the continuing status
of the work being performed. The number of attorneys that can work on all discrete or ongoing
projects or attend any particular event will also be managed. No attorneys shall perform any
work or attend any event without authority to do so by Co-Lead Counsel. For example, as a
general matter, only those attorneys designated by Co-Lead Counsel to conduct or attend
depositions may bill for the participation. Further, status hearings will generally be attended by
Plaintiffs’ Co-Lead Counsel and possibly Liaison Counsel or another member of the PSC. Other
Court hearings may require additional attorney attendance, to be determined by Co-Lead
Counsel on a case-by-case basis.
II.

REPORTING REQUIREMENTS
A. To Co-Lead Counsel

All participating counsel are required to submit monthly time and expense reports
electronically to Plaintiffs’ Co-Lead Counsel. All time reporting shall bear a billing code. The
codes shall be task-based. Time and/or expense reports repeatedly submitted late, or not in
conformity with these guidelines, may be excluded from any fee and expense application(s) later
submitted to the Court. Firms that fail to comply with these requirements will not be given
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additional assignments. The first time and expense reports will be due on December 20, 2013 for
the period ending November 30, 2013, and shall include all time and expenses incurred from the
inception of counsel’s involvement in these proceedings through the preceding months.
Thereafter, time and expense reports are due quarterly on or before the 20th day of all succeeding
months.
B. To the Court
On or before the end of the months of April, July, October and January, Plaintiffs’ CoLead Counsel shall submit a summary of all time and expenses incurred for the previous three
months, which shall bear the title of “PSC Time and Expense Report” for the applicable
quarterly period. These reports shall be submitted to the Court in camera in substantially the
form set out in Exhibit A hereto.
III.

TIME RECORDS

Actual time entries should be based on one-tenth (1/10th) of an hour increments should
include a detailed description of the particular service performed (such as “12.50 hours: prepare
for/defend deposition of D. Jindal”). Each participating firm shall incorporate each of the
defendants into its billing system and endeavor to affiliate each time entry with either a specific
defendant or a general omnibus category (but not both). Reporting should not reflect billing
rates. Only assignments authorized by Co-Lead Counsel will be considered compensable. To
avoid duplication of effort, firms are discouraged from billing for time spent by multiple
attorneys reading and reviewing correspondence, depositions, discovery responses, document
production and pleadings unless specifically related to an authorized assignment. Billing for
unassigned and duplicated efforts will not be considered compensable.
IV.

EXPENSE RECORDS

Expenses Reports must also be submitted monthly. Supporting documentation need not
be submitted monthly. Co-Lead Counsel shall be authorized to request supporting
documentation, including all receipts, at any time.
V.

LITIGATION COSTS

Co-Lead Counsel expects to create a shared cost fund and to seek assessments from
counsel. The fund shall be administered by the law firm of Kerr & Wagstaffe LLP. Monies
deposited into the shared cost fund shall be used only for the following expenses:

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1.

Deposition and Court Reporter Costs;

2.

Document Depository and Outside Review Expenses;

3.

Legal and Accounting Fees;

4.

Expert Witness and Consultant Fees and Expenses;

5.

Bank or Financial Institution Charges;

6.

Investigative Services;

7.

Notice and/or Claims Administrator Charges; and

8.

Mediator or Special Master Expenses.

Co-Lead Counsel will make a case-by-case determination of how such expenses will be
handled during the course of litigation.
VI.

NON-TRAVEL EXPENSE LIMITATIONS

The following rules will apply to the billing of non-travel related expenses incurred by
counsel in this case:
1.

Long Distance and Cellular Telephone: Actual long distance and cellular
telephone charges related to this litigation may be reimbursed only if not
covered by the firm’s existing subscription or monthly contract rate;

2.

Facsimile Charges: The per-fax charge shall not exceed $0.50 per page;

3.

Postage Charges: Charges are to be claimed at actual cost;

4.

Shipping, Courier, and Delivery Charges: Charges are to be claimed at
actual cost. Priority FedEx should be used if absolutely necessary.

5.

Photocopy: The maximum copy charge is $0.25 per page; and

6.

Computerized Research – Lexis/Westlaw: Computerized legal research
charges should only be claimed where the research is not covered by the
firm’s existing subscription. In such event, the actual amount of charge
may be claimed.

VII.

TRAVEL EXPENSE LIMITATIONS

Except in extraordinary circumstances authorized by Co-Lead Counsel, all travel are
subject to the following limitations:
1.

Airfare: All domestic travel should be by coach fare unless first-class
travel is specially justified. If first class is flown and only coach fare is
reimbursable, proof of applicable coach fare shall be provided;
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2.

Hotel: Hotel costs should be limited to the average cost of a business hotel
(e.g., the Fairmont, Westin, Hyatt, Hilton, or Sheraton) for the particular
city;

3.

Meals: Meal expenses must be reasonable and documented;

4.

Cash Expenses: Miscellaneous cash expenses for which receipts generally
are not available (tips, luggage handling, etc.) may be claimed as long as
expenses are properly documented; and

5.

Taxi Service, Car Service, and Car Rentals: Taxis should be used
wherever possible. Car services may be used when taxi service is not
readily available or practical. Rental car reimbursement will be at the rate
for full size sedan rentals.

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