IN RE:INFINEON TECHNOLOGIES AG SECURITIES LITIGATION

Filing 371

ORDER AWARDING CO-LEAD COUNSEL ATTORNEYS' FEES AND EXPENSES. Signed by Judge James Ware on 11/2/11. (sis, COURT STAFF) (Filed on 11/2/2011)

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN FRANCISCO DIVISION
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In re INFINEON TECHNOLOGIES AG
13 SECURITIES LITIGATION
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This Document Relates To:
ALL ACTIONS.

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Master File No. C-04-4156-JW
CLASS ACTION
[PROPOSED] ORDER AWARDING COLEAD COUNSEL ATTORNEYS’ FEES
AND EXPENSES
DATE:
October 17, 2011
TIME:
9:00 a.m.
COURTROOM: The Honorable James Ware

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646762_1

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This matter having come before the Court on October 17, 2011, on the application of counsel

2 for the Plaintiff for an award of attorneys’ fees and expenses incurred in the captioned action, the
3 Court, having considered all papers filed and proceedings conducted herein, having found the
4 settlement of this action to be fair, reasonable and adequate, and otherwise being fully informed in
5 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 June 20, 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

10 relating thereto, including all Members of the Settlement Class who have not timely and validly
11 requested exclusion.
3.

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The Court hereby awards Co-Lead Counsel attorneys’ fees of 27% of the Settlement

13 Fund, plus expenses in the amount of $737,982.16, together with the interest earned thereon for the
14 same time period and at the same rate as that earned on the Settlement Fund until paid. The Court
15 finds that the amount of fees awarded is appropriate and that the amount of fees awarded is fair and
16 reasonable under the “percentage-of-recovery” method given the substantial risks of non-recovery,
17 the time and effort involved, and the result obtained for the Settlement Class. See Vizcaino v.
18 Microsoft Corp., 290 F.3d 1043 (9th Cir. 2002).
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4.

The allocation of attorneys’ fees shall be: Robbins Geller Rudman & Dowd LLP –

20 68.3%; Murray Frank LLP – 18.6%; Labaton & Sucharow LLP – 6.9%; VanOverbeke Michaud &
21 Timmony, P.C. – 3.6%; TILP PLLC – 2.0%; and Studio Legale – 0.6%. The above allocation
22 reflects each counsel’s contribution to the institution, prosecution, and resolution of the captioned
23 action and is hereby approved.
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5.

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

25 immediately be paid to Co-Lead Counsel subject to the terms, conditions and obligations of the
26 Stipulation, and in particular ¶7.2 thereof, which terms, conditions and obligations are incorporated
27 herein.
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646762_1

[PROPOSED] ORDER AWARDING LEAD COUNSEL’S ATTORNEYS’ FEES AND EXPENSES
- C-04-4156-JW

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Pursuant to 15 U.S.C. §78u-4(a)(4), costs are awarded to the following plaintiffs in

2 the amounts indicated: Lawrence D. Sheriff – $1,350.00; Graziella Peano – $1,500.00; and Reinhard
3 Schroeder – $1,500.00. Such reimbursement is appropriate considering their active participation as
4 plaintiffs in this action, as attested to by the declarations submitted to the Court.
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IT IS SO ORDERED.

November 2, 2011
6 DATED: _________________________
THE HONORABLE JAMES WARE
UNITED STATES DISTRICT CHIEF JUDGE

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ROBBINS GELLER RUDMAN
& DOWD LLP
JOHN K. GRANT
CHRISTOPHER M. WOOD
Post Montgomery Center
One Montgomery Street, Suite 1800
San Francisco, CA 94104
Telephone: [phone]
415/288-4534 (fax)

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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 92101-3301
Telephone: [phone]
619/231-7423 (fax)

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21 MURRAY FRANK LLP
BRIAN P. MURRAY
22 275 Madison Avenue, Suite 801
New York, NY 10016
23 Telephone: [phone]
212/682-1892 (fax)
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Co-Lead Counsel for Plaintiffs
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[PROPOSED] ORDER AWARDING LEAD COUNSEL’S ATTORNEYS’ FEES AND EXPENSES
- C-04-4156-JW

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VANOVERBEKE MICHAUD
& TIMMONY, P.C.
MICHAEL J. VANOVERBEKE
3 THOMAS C. MICHAUD
79 Alfred Street
4 Detroit, MI 48201
Telephone: [phone]
5 313/578-1201 (fax)
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6 TILP PLLC
MARC SCHIEFER
7 140 Broadway
New York, NY 10005
8 Telephone: [phone]
212/818-0477 (fax)
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Additional Counsel for Plaintiffs
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646762_1

[PROPOSED] ORDER AWARDING LEAD COUNSEL’S ATTORNEYS’ FEES AND EXPENSES
- C-04-4156-JW

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