Graifman v. Trend Micro Corporation

Filing 90

Order by Hon. Ronald M. Whyte re 81 approving attorneys' fees and costs.(rmwlc2, COURT STAFF) (Filed on 11/15/2013)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

NORTHERN DISTRICT OF CALIFORNIA

10
United States District Court
For the Northern District of California

SAN JOSE DIVISION
11
12
13

BRIAN GRAIFMAN, on Behalf of Himself,
All Others Similarly Situated, and the General
Public,

16
17

ORDER APPROVING ATTORNEYS’
FEES AND COSTS

Plaintiff,

14
15

Case No. C-11-02488-RMW

v.
TREND MICRO CORPORATION, and DOES
1 through 10, Inclusive,

[Re Docket No. 81]

Defendants.

18
19

At a hearing on November 15, 2013, the court approved the parties’ class settlement

20

agreement finding it fair, reasonable, and adequate. The court issues this separate order approving

21

the attorneys’ fees and costs agreed to by the parties. The court finds the agreed upon costs and

22

attorneys’ fees appropriate under the Class Action Fairness Act and Rule 23. The parties have

23

argued, and the court agrees that the proposed attorneys’ fees are justified by the injunctive relief

24

plaintiffs’ attorneys obtained independent of the other benefits obtained for the class. See In re HP

25

Inkjet Printer Litigation, 716 F.3d 1173 (9th Cir. 2013) (attorneys’ fees based upon coupon awards

26

must be calculated based on the value of the redeemed coupons). At the hearing, class counsel

27

represented that nearly all of the work done in the case would have been necessary solely to obtain

28

the injunction and thus the court could award their requested attorneys’ fees based on the injunction
ORDER
Case No. C-11-02488-RMW
SW

-1-

1

alone. Class counsel’s total lodestar for the entire case was $706,232, but they have only requested

2

the court award less than half that amount. The court finds that this reduced award is an appropriate

3

fee for obtaining the injunction.

4

Accordingly, the court awards $73,946.07 in costs and $308,053.93 in attorneys’ fees, which

5

includes a $1,000 incentive fee for the named plaintiff. The costs and fees shall be administered

6

pursuant to the terms of the parties’ settlement agreement.

7
8
9

Dated: November 15, 2013

_________________________________
Ronald M. Whyte
United States District Judge

United States District Court
For the Northern District of California

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
ORDER
Case No. C-11-02488-RMW
SW

-2-