Orsolini et al v. Mead Clark Lumber Co. et al

Filing 47

ORDER by Judge ARMSTRONG granting 45 Motion for Attorney Fees (lrc, COURT STAFF) (Filed on 7/25/2012)

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1 2 IN THE UNITED STATES DISTRICT COURT 3 FOR THE NORTHERN DISTRICT OF CALIFORNIA 4 OAKLAND DIVISION 5 6 7 8 MARIO L. ORSOLINI and ANDREW M. LEVINE, Plaintiffs, 9 10 11 12 vs. Case No. C-10-04478 SBA ORDER GRANTING PLAINTIFFS’ MOTION FOR ATTORNEYS’ FEES, COSTS, AND INCENTIVE AWARDS FOR NAMED PLAINTIFFS MEAD CLARK LUMBER CO. AKA MEAD CLARK LUMBER COMPANY, INC., and RANDAL J. DESTRUEL, Defendants. 13 14 15 This matter comes before the Court on the Plaintiffs’ Motion for Attorneys’ Fees, Costs, 16 and Incentive Awards to Named Plaintiffs. The Court preliminarily approved the proposed 17 Settlement in this case on April 17, 2012 (“Preliminary Approval Order”). (Dkt. 43.) Pursuant 18 to the Court’s Preliminary Approval Order and the Notice provided to the Class, the Court 19 conducted a fairness hearing under Fed. R. Civ. P. 23(e) on July 24, 2012. The Court has 20 reviewed the materials submitted by the parties, and has heard arguments presented at such 21 hearing. 22 For the reasons cited on the record as well as those stated hereafter, the Court finds and 23 orders as follows: 24 1. The Court finds that notice of the requested award of attorneys’ fees and 25 reimbursement of costs and expenses was directed to Class Members in a reasonable manner, 26 and complied with Rule 23(h)(1) of the Federal Rules of Civil Procedure. Class Members and 27 any party from whom payment is sought have been given the opportunity to object pursuant to 28 Rule 23(h)(2) of the Federal Rules of Civil Procedure, and no objections to the requested fees or [PROPOSED] ORDER GRANTING PLS.’ MOT. FOR ATTYS’ FEES, COSTS, & INCENTIVE AWARDS TO NAMED PLAINTIFFS [Case No. C-10-04478 SBA] 1 2 expenses have been filed. 2. The Court finds that the attorneys’ fees request is reasonable, and the costs and 3 expenses incurred by Class Counsel, including costs associated with distribution of the Notice to 4 Class Members and settlement expenses, are reasonable. Thus, the Court awards Class Counsel 5 attorneys’ fees and costs and expenses in the amount of 25 percent of the cash portion of the 6 common fund, or $200,000, and costs and expenses incurred, of $23,780.03. 7 3. The Court finds that notice of the requested awards of $5,000 to Class 8 Representatives Mario L. Orsolini and Andrew M. Levine was directed to Class Members in a 9 reasonable manner. Class Members and any party from whom payment is sought have been 10 11 given the opportunity to object, and no objections to the requested awards have been filed. 4. The Court approves the payment of $5,000 to Class Representatives Orsolini and 12 Levine. This payment is for their service on behalf of the Class, which required substantial time 13 and effort, as detailed in the papers submitted by Class Counsel. This payment is in addition to 14 any portion of the Settlement Amount allocated to the Class Representatives’ Plan accounts 15 under the terms of the Settlement Agreement. The Court orders that these payments be paid to 16 Mr. Orsolini and Mr. Levine in accordance with the terms of the Settlement Agreement. 17 18 19 20 21 IT IS SO ORDERED. Dated: 7/24/12 ____________________________ Hon. Saundra B. Armstrong United States District Judge 22 23 24 25 26 27 28 [PROPOSED] ORDER GRANTING PLS.’ MOT. FOR ATTYS’ FEES, COSTS, & INCENTIVE AWARDS TO NAMED PLAINTIFFS [Case No. C-10-04478 SBA] 2

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