City of Ann Arbor Employees' Retirement System v. Accuray Incorporated et al

Filing 146

ORDER by Judge Claudia Wilken granting 134 Motion for Attorney Fees and Expenses. (ndr, COURT STAFF) (Filed on 12/8/2011)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

12 In re ACCURAY INC. SECURITIES
LITIGATION
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14 This Document Relates To:
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ALL ACTIONS.

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Master File No. 4:09-cv-03362-CW
CLASS ACTION
[PROPOSED] ORDER AWARDING LEAD
COUNSEL ATTORNEYS’ FEES AND
EXPENSES
DATE:
TIME:
CTRM:

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635724_1

September 1, 2011
2:00 p.m.
The Honorable Claudia Wilken

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This matter having come before the Court on September 1, 2011, on the application of

2 counsel for the Lead Plaintiffs for an award of attorneys’ fees and expenses incurred in the captioned
3 action, the Court, having considered all papers filed and proceedings conducted herein, having found
4 the settlement of this action to be fair, reasonable, and adequate and otherwise being fully informed
5 in the premises and good cause appearing therefore;
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IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that:

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1.

All of the capitalized terms used herein shall have the same meanings as set forth in

8 the Stipulation of Settlement, dated as of April 27, 2011 (the “Stipulation”), and filed with the Court.
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2.

This Court has jurisdiction over the subject matter of this application and all matters

relating thereto, including all Members of the Settlement Class who have not timely and validly

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requested exclusion.
3.

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The Court hereby awards Lead Counsel attorneys’ fees of 25% of the Settlement

14 Fund, plus reimbursement of litigation expenses in the amount of $284,279.23 together with the
15 interest earned thereon for the same time period and at the same rate as that earned on the Settlement
16 Fund until paid. The Court finds that the amount of fees awarded is appropriate and is fair and
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reasonable under the “percentage-of-recovery” method given the substantial risks of non-recovery,

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the time and effort involved, and the result obtained for the Settlement Class. See Vizcaino v.
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Microsoft Corp., 290 F.3d 1043 (9th Cir. 2002).
4.

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The fees shall be allocated among counsel for the plaintiffs by Lead Counsel in a

22 manner that reflects each such counsel’s contribution to the institution, prosecution, and resolution of
23 the captioned action.
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5.

The awarded attorneys’ fees and expenses and interest earned thereon shall

immediately be paid to Lead Counsel subject to the terms, conditions, and obligations of the

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Stipulation, and in particular ¶7.2 thereof, which terms, conditions, and obligations are incorporated
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635724_1

herein.
[PROPOSED] ORDER AWARDING LEAD COUNSEL ATTORNEYS’ FEES AND
EXPENSES - 4:09-cv-03362-CW

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6.

Pursuant to 15 U.S.C. §78u-4(a)(4), Lead Plaintiff Zhengxu He is hereby awarded

2 $346.72. Such reimbursement is appropriate considering Lead Plaintiff’s participation in the
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ongoing prosecution of the litigation and the evidentiary support presented.
IT IS SO ORDERED.

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12/8/2011
DATED: ____________________

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THE HONORABLE CLAUDIA WILKEN
UNITED STATES DISTRICT JUDGE

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Submitted by:
ROBBINS GELLER RUDMAN
& DOWD LLP
SHAWN A. WILLIAMS
DANIEL J. PFEFFERBAUM
Post Montgomery Center
One Montgomery Street, Suite 1800
San Francisco, CA 94104
Telephone: [phone]
415/288-4534 (fax)
ROBBINS GELLER RUDMAN
& DOWD LLP
JOY ANN BULL

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s/ Joy Ann Bull
JOY ANN BULL
655 West Broadway, Suite 1900
San Diego, CA 92101
Telephone: [phone]
619/231-7423 (fax)
LABATON SUCHAROW LLP
CHRISTOPHER J. KELLER
JONATHAN GARDNER
MARK GOLDMAN
CAROL C. VILLEGAS
140 Broadway
New York, NY 10005
Telephone: [phone]
212/818-0477 (fax)
Co-Lead Counsel for Plaintiffs

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635724_1

[PROPOSED] ORDER AWARDING LEAD COUNSEL ATTORNEYS’ FEES AND
EXPENSES - 4:09-cv-03362-CW

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