McIntosh et al v. McAfee, et al

Filing 105

INTERIM ORDER re 96 MOTION for REPORT AND RECOMMENDATIONS to Attorneys Fees and Costs to plaintiffs. filed by Ping Chen, Vatsal Sonecha, Steve Haeffele, Jonathan Wong, Larry McIntosh, Lebin Cheng, Yangie Cheng. Signed by Magistrate Judge Howard R. Lloyd on 12/16/08. (hrllc1, COURT STAFF) (Filed on 12/16/2008)

1 2 3 4 5 6 7 8 9 10 NOT FOR CITATION UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION * E-filed 12/16/08*

United States District Court

11
For the Northern District of California

12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

LARRY MCINTOSH, YANGJIE CHENG, PING CHEN, STEVE HAEFFELE, LEBIN CHENG, VATSAL SONECHA, JONATHAN WONG, individually and on behalf of all those similarly situated, Plaintiffs, v. MCAFEE, INC., Defendant. /

No. C-06-07694-JW (HRL) INTERIM ORDER RE: REPORT AND RECOMMENDATION ON PLAINTIFFS' MOTION FOR ATTORNEY FEES

After granting plaintiffs' motion for attorney fees, Judge Ware referred this matter to the undersigned for a report and recommendation of: (1) the exact date on which Defendant completed provision of relief to former employees who are members of the putative class; and (2) the fees incurred by Plaintiffs' counsel under applicable California law. The court held a hearing on December 16, 2008. To fill in gaps in the material provided to date by plaintiffs, the court orders that plaintiffs' counsel submit the following for in camera review: 1. For each timekeeper, time records including the description of services performed. 2. A copy of the fee agreement between plaintiffs and their counsel.

1 2 3 4 5 6 7 8 9 10

The court also requests plaintiffs submit additional declaration(s) supporting their contention that the hourly rates listed in the Lodestar Report are customary and reasonable. Both the declaration(s) and the items for in camera review shall be submitted not later than December 22, 2008. Defendant may reply to the declaration(s) by December 30.

IT IS SO ORDERED.

Dated: 12/16/08

HOWARD R. LLOYD

UNITED STATES MAGISTRATE JUDGE

United States District Court

11
For the Northern District of California

12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 THIS SHALL CERTIFY THAT A COPY OF THIS ORDER WILL BE SENT TO: 2

1 2 3 4 5 6 7 8 9 10 Dated: 12/16/08 /s/ mpk Chambers of Magistrate Judge Lloyd * Counsel are responsible for providing copies of this order to co-counsel. [e-mail], [e-mail], [e-mail], [e-mail], [e-mail], [e-mail], [e-mail], [e-mail], [e-mail], [e-mail], [e-mail], [e-mail], [e-mail], [e-mail], [e-mail], [e-mail], [e-mail], [e-mail], [e-mail], [e-mail], [e-mail], [e-mail], [e-mail], [e-mail], [e-mail], [e-mail]

United States District Court

11
For the Northern District of California

12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3