Becerra et al v. RadioShack Corp.

Filing 83

ORDER by Judge Yvonne Gonzalez Rogers granting 78 Motion for Award of Attorney Fees and Costs, Class Representatives' Enhancement and Claims Administrator Fees. (fs, COURT STAFF) (Filed on 3/26/2014)

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA – OAKLAND DIVISION

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Case No.: 11-3586 YGR

MARCUS BECERRA, NATALIE
CIEBRANT, PHILLIP DIETRO, and
ARIEL GONZALEZ, on behalf of
themselves, all others similarly situated,
and as “aggrieved employees” under the
California Labor Code Private Attorneys
General Act,
Plaintiffs,
v.

CLASS ACTION
ORDER GRANTING MOTION FOR
AWARD OF ATTORNEYS’ FEES
AND COSTS, CLASS
REPRESENTATIVES’
ENHANCEMENT AND CLAIMS
ADMINISTRATOR’S FEES

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RADIOSHACK CORPORATION, and
17 DOES 1 through 10 inclusive,
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Defendants.

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Having fully received and considered the motion of Plaintiffs MARCUS

21 BECERRA, NATALIE CIEBRANT, PHILLIP DIETRO and ARIEL GONZALEZ
22 (“Plaintiffs”) for an award of reasonable attorneys’ fees and costs, class representatives’
23 enhancements and claim administrator’s fees provided for in the parties’ Joint Stipulation
24 for Settlement of Class Action (“Settlement Stipulation”) and supported by the
25 Declaration of Eric A. Grover, the declarations of Plaintiffs Becerra, Ciebrant, Dietro,
26 and Gonzales, the Declaration of Mary Butler of Simpluris, Inc., and the arguments of
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1 counsel presented to the Court at the hearing of this motion on March 18, 2014, and with
2 GOOD CAUSE APPEARING, the Court hereby rules as follows:
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1.

Plaintiffs’ Motion for an Award of Reasonable Attorneys’ Fees and Costs,

4 is hereby GRANTED.

The Court finds that the requested fees in the amount of

5 $169,356.20, which represents less than Class Counsel’s actual lodestar, which was
6 $219,175 as of December 31, 2013, to be fair and reasonable.
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2.

The hourly rates used to arrive at this figure are consistent with market

8 rates and reasonable in light of the Class Counsel’s skill, experience, and expertise. The
9 Court is further satisfied that the number of hours expended on the litigation is reasonable
10 given that the requested fees are less than the actual lodestar.
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3.

The Court finds that Plaintiffs’ request for Class Counsel’s out-of-pocket

12 costs in the amount of $8,643.80 is reasonable.
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4.

The amounts of $169,356.20 and $8,643.80, a total of $178,000, shall be

14 paid by the Claims Administrator to Class Counsel, as set forth in the Settlement
15 Stipulation.
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5.

Plaintiffs’ motion for award of Class Representatives’ enhancements is

17 hereby GRANTED. The Court finds that the requested enhancement awards of $3,000
18 each for the named Plaintiffs and Class Representatives Becerra, Ciebrant, Dietro, and
19 Gonzales are reasonable and fair given the Plaintiffs’ time and efforts in representing the
20 settlement class members in the litigation and settlement of this action.
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6.

The amounts of $3,000 each shall be paid to Plaintiffs Becerra, Ciebrant,

22 Dietro, and Gonzales according to the terms of the Settlement Stipulation.
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7.

Plaintiffs’ motion for payment of the Claims Administrator’s fees is

24 hereby GRANTED. The requested payment of $10,500 to Simpluris, Inc. is reasonable
25 and shall be paid according to the terms of the Settlement Stipulation.
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IT IS SO ORDERED.

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Dated: March 26, 2014
HON. YVONNE GONZALEZ ROGERS
United States District Court Judge

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