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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R NIA S UNIT ED RT U O 13 es Ware LI ER FO m Judge Ja A H 12 VED APPRO RT 11 Lead Counsel for Plaintiffs S DISTRICT TE C TA NO 1 MARY K. BLASY (211262) mblasy@scott-scott.com 2 HAL D. CUNNINGHAM (243048) hcunningham@scott-scott.com 3 DAVID H. GOLDBERGER (225869) dgoldberger@scott-scott.com 4 SCOTT+SCOTT LLP 707 Broadway, Suite 1000 5 San Diego, CA 92101 Telephone: (619) 233-4565 6 Facsimile: (619) 233-0508 – and – 7 DAVID R. SCOTT drscott@scott-scott.com 8 156 South Main Street P.O. Box 192 9 Colchester, CT 06415 Telephone: (860) 537-3818 10 Facsimile: (860) 537-4432 N F UNITED STATES DISTRICT COURT D I S T R I C T O C NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION 14 SHARON HODGES, On Behalf of Herself and All Others Similarly Situated, 15 Plaintiffs, 16 vs. 17 AKEENA SOLAR, INC., et al, 18 Defendants. 19 No. 09-cv-02147-JW 20 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 21 22 23 24 25 26 27 28 AMENDED [PROPOSED] ORDER AWARDING LEAD COUNSEL ATTORNEYS’ FEES AND EXPENSES No. C-09-02147-JW 1 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; 7 IT IS HEREBY ORDERED, ADJUDGED AND DECREED that: 8 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. 10 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. 13 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). 21 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. 25 26 27 28 AMENDED [PROPOSED] ORDER AWARDING LEAD COUNSEL ATTORNEYS’ FEES AND EXPENSES No. C-09-02147-JW -1- 1 2 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. 6 IT IS SO ORDERED. 7 8 15 9 DATED: December __, 2011 10 _________________________________ THE HONORABLE JAMES WARE U.S. DISTRICT COURT CHIEF JUDGE 11 Submitted by: 12 13 14 SCOTT+SCOTT LLP /s/ Mary K. Blasy MARY K. BLASY 15 707 Broadway, Suite 1000 San Diego, CA 92101 16 Telephone: (619) 233-4565 17 Facsimile: (619) 233-0508 18 Lead Counsel for Plaintiffs 19 20 21 22 23 24 25 26 27 28 AMENDED [PROPOSED] ORDER AWARDING LEAD COUNSEL ATTORNEYS’ FEES AND EXPENSES No. C-09-02147-JW -2-

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