CLRB Hanson Industries, LLC et al v. Google Inc.

Filing 347

ORDER APPROVING AWARD of Attorneys and Expenses, and Class Representative Incentive Compensation Award. by Judge James Ware granting 340 Motion for Attorney Fees (jwlc1, COURT STAFF) (Filed on 9/14/2009) Modified on 9/15/2009 (cv, COURT STAFF).

CLRB Hanson Industries, LLC et al v. Google Inc.

Doc. 347

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION CLRB HANSON INDUSTRIES, LLC d/b/a INDUSTRIAL PRINTING, and HOWARD STERN, on behalf of themselves and all others similarly situated, Plaint iffs, vs. GOOGLE, INC., Defendant. Case No. C 05-03649 JW PVT [PROPOSED] ORDER APPROVING AWARD OF ATTORNEYS' FEES AND EXPENSES, AND CLASS REPRESENTATIVE INCENTIVE COMPENSATION AWARD Hearing: Time: Dept.: Judge: Monday, September 14, 2009 9:00 am. Courtroom 8 Honorable James W. Ware

WHEREAS, the parties to the above-described class action (the "Action") entered into a Settlement Agreement and Release on March 17, 2009 (the "Settlement"); WHEREAS, on ________________, the Court entered an Order approving the proposed September 14, 2009, Settlement; WHEREAS, Representative Plaintiffs and Representative Plaintiffs' Counsel have applied to the Court for an award of attorneys' fees and reimbursement of expenses, and class representative incentive compensation awards; and WHEREAS, pursuant to the Notice and Summary Notice, and upon notice to all parties, the
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Settlement Hearing was held before this Court on September 14, 2009, to consider, among other things, whether the application for attorneys' fees and expenses, and the class representative incentive compensation awards should be approved by this Court; WHEREAS, based upon the foregoing, and having considered all of the files, records and proceedings in this Action, the Settlement, the risks, complexity, expense and probable duration of further litigation, and the efforts of Representative Plaintiffs and Representative Plaintiffs' Counsel; NOW, THEREFORE, IT IS HEREBY ORDERED THAT: 1. 2. The Court, for purposes of this Order, adopts the definitions set forth in the Settlement; Representative Plaintiffs' Counsel are hereby awarded attorneys' fees in the amount of

25% ___% of the Settlement Proceeds including interest thereon, and reimbursement of expenses in the amountt of $__________. This Fee and Expense Award shall be paid by Google from the Settlement amoun of $147,599.50. Proceeds to Wolf Popper LLP within ten (10) business days after the Effective Date. Representative Plaintiffs' Counsel shall, in their discretion, allocate and distribute said fee and expense amounts amongst themselves and other counsel who have assisted in the prosecution of this litigation. Such discretion is to be reasonably applied so as to reflect the contributions of such counsel to the Action and the results obtained for the Class. Any dispute concerning said allocation shall be under the jurisdiction of this Court. 3. Representative Plaintiffs CLRB Hanson Industries, LLC and Howard Stern, are each

$20,000.00 awarded an incentive compensation award in the amount of $________.. These awards shall be paid by Google to Wolf Popper LLP from the Settlement Proceeds, together with the Fee and Expense Award, within ten (10) business days after the Effective Date. 4. The Court finds in the exercise of its discretion that the Fee and Expense Award and

incentive compensation award to be fair and reasonable. The Court finds that Representative Plaintiffs and Representative Plaintiffs' Counsel have amply demonstrated that: (i) the results obtained in light of the relevant circumstances of this action support the fee award; (ii) the economics of the prosecution of this action and the experience of Representative Plaintiffs' Counsel support the fee award; (iii) the fee award is substantially similar to fees approved in similar cases; and (iv) the time
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and labor required by Representative Plaintiffs and the Representative Plaintiffs' Counsel is consistent with the fee award and incentive compensative awards. September 14, 2009 Dated: ___________________, 2009

__________________________________ JAMES WARE United States District Judge

3 [PROPOSED] ORDER APPROVING AWARD OF ATTORNEYS' FEES AND EXPENSES, AND CLASS REPRESENTATIVE INCENTIVE COMPENSATION AWARD Case No. C 05-03649 JW