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)

Download PDF
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-

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?