Digby Adler Group LLC v. Mercedes-Benz USA, LLC

Filing 78

ORDER Granting 69 Motion for Attorneys' Fees and Costs. Signed by Judge Thelton E. Henderson on 9/1/16.(tehlc2, COURT STAFF) (Filed on 9/1/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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DIGBY ADLER GROUP, LLC, et al.,
Plaintiffs,

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v.
MERCEDES-BENZ U.S.A., LLC,

Case No. 14-cv-02349-TEH
ORDER GRANTING MOTION FOR
ATTORNEYS’ FEES AND COSTS

Defendant.

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On May 13, 2016, Class Counsel filed a Motion for Award of Attorneys’ Fees and

United States District Court
Northern District of California

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Costs. ECF No. 69. On August 30, 2016, this Court entered an Order Granting Motions

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for Final Approval of Class Action Settlement and Attorneys’ Fees and Costs, ECF No. 75;

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however, the Order did not mention attorneys’ fees and costs. On August 31, 2016, the

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parties filed a Stipulation and Proposed Order Awarding Attorneys’ Fees and Costs. ECF

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No. 77. The Court, having read the papers filed with regard to Plaintiff’s Motion for

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Award of Attorneys’ Fees and Costs, hereby FINDS AND ORDERS as follows:

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1.

Class Counsel’s billing judgment adjusted lodestar of $869,248.90 incurred

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through May 10, 2016 is reasonable under the circumstances of this case. The rates that

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Class Counsel have charged are reasonable and within the range of rates customarily

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charged by attorneys of comparable skill, qualifications, and experience in the San

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Francisco Bay Area.

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2.

Plaintiff has also incurred costs and expenses in connection with the

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litigation in the amount of $18,622.55 through May 10, 2016. These costs are reasonable

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in nature and amount, and Plaintiff has submitted adequate documentation to support them.

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3.

The agreement for Defendant to pay $1,000,000 was the product of arm’s

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length negotiations in which Defendant had every motivation to minimize the award

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amount. There is no indication of any collusion by the parties to the detriment of the class.

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The fee award was negotiated after class relief was settled first.

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4.

Class Counsel performed its work on this case in a skillful and efficient

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manner. The settlement that Plaintiff achieved will benefit a nationwide class, promotes

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judicial economy, and serves the public interest.

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5.

In the present case, a multiplier of 1.13 is appropriate given the considerable

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contingent risk involved in this case. Moreover, the quality of representation was high.

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The case settled efficiently, on terms that provided substantive and substantial relief for the

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class. The result achieved is excellent.
Accordingly, with good cause appearing, the Court hereby APPROVES Class

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Counsel’s request for an award of $1,000,000 in reasonable attorneys’ fees and costs.

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Defendant shall make payment of this award to Class Counsel in accordance with the

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United States District Court
Northern District of California

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terms of the Settlement Agreement. This Court shall retain jurisdiction to ensure the terms

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of this order are complied with.

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IT IS SO ORDERED.

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Dated: 09/01/16

_____________________________________
THELTON E. HENDERSON
United States District Judge

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