Hodges v. Akeena Solar, Inc. et al

Filing 167

AMENDED ORDER re 155 MOTION for Attorney Fees and Reimbursement of Costs and Expenses filed by David H. Gordon, Joel Gentleman. Signed by Judge James Ware on 12/15/11. (sis, COURT STAFF) (Filed on 12/15/2011)

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11 Lead Counsel for Plaintiffs

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1 MARY K. BLASY (211262)
[e-mail]
2 HAL D. CUNNINGHAM (243048)
[e-mail]
3 DAVID H. GOLDBERGER (225869)
[e-mail]
4 SCOTT+SCOTT LLP
707 Broadway, Suite 1000
5 San Diego, CA 92101
Telephone: [phone]
6 Facsimile: [phone]
– and –
7 DAVID R. SCOTT
[e-mail]
8 156 South Main Street
P.O. Box 192
9 Colchester, CT 06415
Telephone: [phone]
10 Facsimile: [phone]

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UNITED STATES DISTRICT COURT D I S T R I C T O

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NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION

14 SHARON HODGES, On Behalf of Herself and
All Others Similarly Situated,
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Plaintiffs,
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vs.
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AKEENA SOLAR, INC., et al,
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Defendants.
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No. 09-cv-02147-JW

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The Honorable James Ware

CLASS ACTION
AMENDED [PROPOSED] ORDER
AWARDING LEAD COUNSEL
ATTORNEYS’ FEES AND EXPENSES
HEARING DATE:
TIME:
COURTROOM:

December 12, 2011
9:00 a.m.
9, 9th Floor

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AMENDED [PROPOSED] ORDER AWARDING LEAD COUNSEL ATTORNEYS’ FEES AND
EXPENSES
No. C-09-02147-JW

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This matter having come before the Court on December 12, 2011, on the application of

2 counsel for the Plaintiffs for an award of attorneys’ fees, and for the reimbursement of costs and
3 expenses incurred by Plaintiffs and Lead Counsel in the captioned action, the Court, having
4 considered all papers filed and proceedings conducted herein, having found the settlement of this
5 action to be fair, reasonable and adequate, and otherwise being fully informed in the premises and
6 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

9 the Stipulation of Settlement dated August 24, 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

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

The Court hereby awards Lead Counsel litigation expenses in the amount of

14 $142,173.85 from the Settlement Fund. The Court further awards attorneys’ fees of one-third of the
15 Settlement Fund, after the deduction of the aforementioned litigation expenses from the Settlement
16 Fund, together with the interest earned thereon for the same time period and at the same rate as that
17 earned on the Settlement Fund until paid. The Court finds that the amount of fees awarded is
18 appropriate and that the amount of fees awarded is fair and reasonable under the “percentage-of19 recovery” method given the substantial risks of non-recovery, the time and effort involved, and the
20 result obtained for the Class. See Vizcaino v. Microsoft Corp., 290 F.3d 1043 (9th Cir. 2002).
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4.

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

22 immediately be paid to Lead Counsel subject to the terms, conditions and obligations of the
23 Stipulation, and in particular ¶7.2 thereof, which terms, conditions and obligations are incorporated
24 herein.
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AMENDED [PROPOSED] ORDER AWARDING LEAD COUNSEL ATTORNEYS’ FEES
AND EXPENSES
No. C-09-02147-JW

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5.

Pursuant to 15 U.S.C. §78u-4(a)(4), time and expenses are awarded to the following

3 plaintiffs in the amounts indicated: David Gordon $5,000; Joel Gentleman $5,000; and Sharon
4 Hodges $5,000. Such reimbursement is appropriate considering their active participation as
5 plaintiffs in this action, as attested to by the declarations submitted to the Court.
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IT IS SO ORDERED.

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9 DATED: December __, 2011
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_________________________________
THE HONORABLE JAMES WARE
U.S. DISTRICT COURT CHIEF JUDGE

11 Submitted by:
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SCOTT+SCOTT LLP
/s/ Mary K. Blasy
MARY K. BLASY

15 707 Broadway, Suite 1000
San Diego, CA 92101
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Telephone: [phone]
17 Facsimile: [phone]
18 Lead Counsel for Plaintiffs
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AMENDED [PROPOSED] ORDER AWARDING LEAD COUNSEL ATTORNEYS’ FEES
AND EXPENSES
No. C-09-02147-JW

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