Gillard et al v. Volkswagen Group of America, Inc. et al

Filing 147

ORDER REGARDING SUPPLEMENTAL FILING RE DOCKET NO. 146 . Signed by Judge Haywood S. Gilliam, Jr. on 9/2/2022. (ndr, COURT STAFF) (Filed on 9/2/2022)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 MIKE MANDANI, et al., Plaintiffs, 8 v. 9 Case No. 17-cv-07287-HSG ORDER REGARDING SUPPLEMENTAL FILING Re: Dkt. No. 146 10 VOLKSWAGEN GROUP OF AMERICA, INC., 11 United States District Court Northern District of California Defendant. 12 Plaintiffs’ counsel filed a motion for attorneys’ fees in connection with a proposed class 13 14 action settlement. See Dkt. No. 139. In that motion, Plaintiffs’ counsel asks for “a reduced 15 lodestar of 1,590 hours equating to fees in the amount of $1,050,000.00.” Id. at 11. At the 16 hearing on the motion, the Court ordered Plaintiffs’ counsel to submit a supplemental filing 17 identifying counsel’s lodestar and summarizing the timekeepers’ rates and hours worked. Plaintiffs’ counsel submitted a supplemental filing on August 25, 2022. See Dkt. No. 146. 18 19 By the Court’s calculation, however, the supplemental filing corroborates only 1,281.3 hours 20 worked for total fees of $996,348.80. See id. Given the representation in footnote 3 of the 21 supplemental filing that some timekeeper records have been lost, it is unclear if Plaintiffs’ counsel 22 is asking for a lower amount in fees than originally requested because the full hours worked 23 cannot be substantiated. 24 // 25 // 26 // 27 // 28 // In light of this, the Court ORDERS Plaintiffs’ counsel to e-file a second supplemental 1 2 filing by September 6, 2022 that substantiates Plaintiffs’ counsel’s representation in its Motion for 3 Attorneys’ Fees that it is seeking “a reduced” amount in fees with a “negative multiplier.” See 4 Dkt. No. 139 at 11. The actual (i.e. non-reduced) lodestar must be supported with a summary of 5 hours worked by timekeeper. The supplemental filing should also clarify what amount Plaintiff is 6 requesting in fees. IT IS SO ORDERED. 7 8 9 10 Dated: 9/2/2022 ______________________________________ HAYWOOD S. GILLIAM, JR. United States District Judge United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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