Fernandez et al v. K-M Industries Holding Co, Inc et al

Filing 407

ORDER re 391 Granting MOTION Plantiff's Motion for Award of Attorney's Fees and Costs, and Approval of Service Payments. Signed by Judge Claudia Wilken on 04/23/2010. (ndr, COURT STAFF) (Filed on 4/23/2010)

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

Daniel Feinberg ­ CA Bar No. 135983 Todd F. Jackson ­ CA Bar No. 202598 Margaret E. Hasselman ­ CA Bar No. 228529 Nina Wasow ­ CA Bar No. 202047 Kirsten G. Scott ­ CA Bar No. 253464 LEWIS, FEINBERG, LEE, RENAKER & JACKSON, P.C. 1330 Broadway, Suite 1800 Oakland, California 94612 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Email: [e-mail] Email: [e-mail] Email: [e-mail] Email: [e-mail] Attorneys for Plaintiffs and the Class (Additional counsel on signature page) IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO AND OAKLAND DIVISION

THOMAS FERNANDEZ, LORA SMITH, and ) TOSHA THOMAS, individually and on behalf ) of a class of all other persons similarly situated, ) ) Plaintiffs, ) vs. ) ) K-M INDUSTRIES HOLDING CO., INC.; ) K-M INDUSTRIES HOLDING CO., INC. ) ESOP PLAN COMMITTEE; WILLIAM E. ) AND DESIREE B. MOORE REVOCABLE ) TRUST; TRUSTEES OF THE WILLIAM E. ) AND DESIREE B. MOORE REVOCABLE ) TRUST; CIG ESOP PLAN COMMITTEE; ) NORTH STAR TRUST COMPANY; ) DESIREE B. MOORE REVOCABLE TRUST; ) WILLIAM E. MOORE MARITAL TRUST; ) WILLIAM E. MOORE GENERATION) SKIPPING TRUST; and DESIREE MOORE, ) BOTH IN HER INDIVIDUAL CAPACITY ) AND AS TRUSTEE OF THE WILLIAM E. ) AND DESIREE B. MOORE REVOCABLE ) TRUST'S SUCCESSOR TRUSTS NAMED ) ABOVE, ) ) Defendants. )

Case No. C-06-07339 CW

ORDER GRANTING PLAINTIFFS' MOTION FOR AWARD OF ATTORNEYS' FEES AND COSTS AND APPROVAL OF SERVICE PAYMENTS

[PROPOSED] ORDER GRANTING PLAINTIFFS' MOTION FOR ATTORNEYS FEES AND COSTS AND APPROVAL OF SERVICE PAYMENTS [CASE NO. C-06-07339 CW]

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

This matter comes before the Court on the Class Plaintiffs' Motion for Award of Attorney's Fees and Costs and Approval of Service Payments. The proposed settlement in this case was preliminarily approved by this Court on January 22, 2010 ("Preliminary Approval Order") [Docket No. 390]. Pursuant to the Court's Preliminary Approval Order and the Notice provided to the Class, the Court conducted a fairness hearing under Fed. R. Civ. P. 23(e) on April 22, 2010. The Court has reviewed the materials submitted by the parties, and has heard arguments presented at such hearing. For the reasons cited on the record as well as those stated hereafter, the Court finds and orders as follows: 1. The Court approves the payment of $5,000 each to Class Representatives Thomas

Fernandez, Lora Smith, and Tosha Thomas. These payments are for their service on behalf of the Class, which required substantial time and effort, as detailed in the papers submitted by Class Counsel. These payments are in addition to any amounts due to them under the terms of the Plan of Distribution. The Court orders that these payments be made to Class Representatives by NSTC in accordance with the terms of the Settlement Agreement. 2. The Court finds that notice of the requested award of attorneys' fees and

reimbursement of costs and expenses was directed to Class Members in a reasonable manner, and complied with Rule 23(h)(1) of the Federal Rules of Civil Procedure. Class Members and any party from whom payment is sought have been given the opportunity to object pursuant to Rule 23(h)(2) of the Federal Rules of Civil Procedure, and no class member has objected to the requested fees or expenses. 3. The Court finds that the attorneys' fees request is reasonable, and the costs and

expenses incurred by Class Counsel, including costs of settlement administration, are reasonable. Thus, Class Counsel are awarded attorneys' fees and costs and expenses in the amount of 25 percent of the common fund, $3,750,000, and up to $200,000 in costs and expenses incurred. IT IS SO ORDERED.

________________________ The Honorable Claudia Wilken United States District Judge [PROPOSED] ORDER GRANTING PLAINTIFFS' MOTION FOR AWARD OF ATTORNEY'S FEES AND COSTS AND APPROVAL OF SERVICE PAYMENTS [CASE NO. C-06-07339 CW]

Dated: 4/23/2010

2