Hodges v. Akeena Solar, Inc. et al

Filing 164

ORDER REQUIRING REVISED PROPOSED ORDER. Signed by Judge James Ware on 12/12/11. (sis, COURT STAFF) (Filed on 12/12/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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NO. C 09-02147 JW

Sharon Hodges,

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ORDER REQUIRING REVISED OF
PROPOSED ORDER

Plaintiff,
v.

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Akeena Solar, Inc., et al.,
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For the Northern District of California

United States District Court

Defendants.
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Presently before the Court are Lead Plaintiff’s Motion for Final Settlement Approval1 and

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Lead Counsel’s Motion for Attorney’s Fees and Costs.2 Lead Counsel seeks 33.3% of the

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$4,770,000 settlement fund in fees, in addition to reimbursement of litigation expenses of

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$142,173.85. (Fees Motion at 1.) The Court conducted a hearing on December 12, 2011.

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Upon review and for the reasons stated on the record at the hearing, the Court finds that Lead

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Counsel’s award should be calculated based on the recovery to the class after the costs of the lawsuit

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have been deducted from class fund. Thus, on or before December 14, 2011 at noon, the parties

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shall submit a revised proposed order in which the 33.3% award of attorneys’ fees is calculated after

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the $142,173.85 in costs have been deducted from the settlement fund for approval.

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Dated: December 12, 2011
JAMES WARE
United States District Chief Judge

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(Lead Plaintiff’s: (1) Notice of Motion and Motion for Final Approval of Class Action
Settlement and Plan of Allocation of Settlement Proceeds; and (2) Memorandum of Points and
Authorities in Support Thereof, Docket Item No. 156.)
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(Lead Counsel’s: (1) Notice of Motion for Award of Attorney’s Fees and Reimbursement
of Costs and Expenses; and (2) Memorandum of Points and Authorities in Support Thereof,
hereafter, “Fees Motion,” Docket Item No. 155.)

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THIS IS TO CERTIFY THAT COPIES OF THIS ORDER HAVE BEEN DELIVERED TO:

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Benjamin Matthew Crosson [e-mail]
David R. Scott [e-mail]
Hal Davis Cunningham [e-mail]
Jessica L. Snorgrass [e-mail]
Joni L. Ostler [e-mail]
Jordan Eth [e-mail]
Judson Earle Lobdell [e-mail]
Mary K. Blasy [e-mail]
Walter W. Noss [e-mail]

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Dated: December 12, 2011

Richard W. Wieking, Clerk

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For the Northern District of California

United States District Court

By:
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/s/ JW Chambers
Susan Imbriani
Courtroom Deputy