McIntosh et al v. McAfee, et al

Filing 96

MOTION for REPORT AND RECOMMENDATIONS for Attorney Fees and Costs to Plaintiffs filed by Ping Chen, Steve Haeffele, Lebin Cheng, Vatsal Sonecha, Jonathan Wong, Larry McIntosh, Yangie Cheng. Motion Hearing set for 12/16/2008 10:00 AM in Courtroom 2, 5th Floor, San Jose. (Attachments: # 1 Declaration of Mark C. Molumphy In Support of # 2 Proposed Order)(Molumphy, Mark) (Filed on 10/31/2008) Modified on 11/4/2008 (cv, COURT STAFF).

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JOSEPH W. COTCHETT (#36324) [e-mail] MARK C. MOLUMPHY (#168009) [e-mail] COTCHETT, PITRE & McCARTHY 840 Malcolm Road, Suite 200 Burlingame, CA 94010 Telephone: [phone] Fax: [phone] Attorneys for Plaintiffs and Proposed Class

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

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

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Case No. C06-07694 JW [PROPOSED] ORDER GRANTING PLAINTIFFS' MOTION FOR REPORT AND RECOMMENDATION TO AWARD ATTORNEYS FEES AND COSTS TO PLAINTIFFS Date: December 16, 2008 Time: 10:00 a.m. Courtroom: 2 Honorable Howard R. Lloyd

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[ P R O P O S E D ] O R D E R G R A N T I N G PL A I N T I F F S ' M O T I O N FO R RE P O R T A N D R E C O M M E N D A T I O N TO A W A R D A T T O R N E Y S F E E S AND CO S T S TO PLAINT I F F S

COTCHETT, PITRE & MCCARTHY

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The Court, after considering Plaintiffs' Motion for Report and Recommendation to Award Attorneys Fees and Costs to Plaintiffs, and the opposition thereto, and good cause appearing, HEREBY makes the following Report and Recommendation: 1. The date that Defendant McAfee Inc. ("McAfee") completed the provision of relief to former employees who are members of the putative class is January 15, 2008. 2. Plaintiffs' counsel, Cotchett, Pitre & McCarthy ("Cotchett"), should be awarded attorneys' fees in the amount of $686,122.50, representing the firm's lodestar of $228,707.50 for work performed until January 15, 2008 with a multiplier of three. A lodestar enhancement is appropriate given the substantial results achieved, the novelty and difficulty of the issues, the fact that litigation precluded other employment, and the contingent nature of the fee arrangements. Cotchett is also entitled to be reimbursed for expenses incurred until January 15, 2008 in the amount of $4,996.23, which expenses were reasonable and necessary in order to litigate this matter.

DATED: _________________

__________________________________ HON. HOWARD R. LLOYD UNITED STATES MAGISTRATE JUDGE

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[ P R O P O S E D ] O R D E R G R A N T I N G PL A I N T I F F S ' M O T I O N FO R RE P O R T A N D R E C O M M E N D A T I O N TO A W A R D A T T O R N E Y S F E E S AND CO S T S TO PLAINT I F F S

COTCHETT, PITRE & MCCARTHY

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