Grace v. Apple, Inc.

Filing 448

Case Management Order. Signed by Judge Lucy H. Koh on 2/9/2021. (lhklc3S, COURT STAFF) (Filed on 2/9/2021)

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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CHRISTINA GRACE, et al.,

United States District Court
Northern District of California

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Plaintiffs,

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Case No. 17-CV-00551-LHK
CASE MANAGEMENT ORDER

v.

Re: Dkt. No. 429, 435

APPLE, INC.,

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Defendant.

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Plaintiffs’ Attorneys: Daniel Warshaw; Jill Manning; David Tejtel; Clifford Pearson;
and Austin Curry
Class Representative: Ken Potter
Defendant’s Attorneys: Joshua Lerner and Eugene Novikov

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On February 8, 2021, the Court held a hearing on Plaintiffs’ motion for final approval and

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Plaintiffs’ motion for attorneys’ fees. Plaintiffs’ counsel seek 30% of the gross settlement fund in

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attorneys’ fees. Accordingly, Plaintiffs’ counsel shall file the following information by February

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19, 2021:

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Billing records identifying time billed by task for the time entries specifically identified in
Defendant’s opposition to the motion for attorneys’ fees, ECF No. 434 at 12–13.

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Invoices for travel expenses (airfare, meals, lodging, and ground transportation).

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For Defendant’s opposition Appendix, ECF No. 434-6, Plaintiffs’ counsel shall file a chart
that includes all entries that bill time solely for travel and provide a lodestar for that billed
time. For the entries in which Plaintiffs’ counsel bill for travel and substantive work,

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Case No. 17-CV-00551-LHK
CASE MANAGEMENT ORDER

Plaintiffs’ counsel shall file billing records identifying time billed by task. Where
Plaintiffs’ counsel claim they worked during travel, Plaintiffs’ counsel must identify hours
and amounts billed to work during travel and the nature of that work.

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United States District Court
Northern District of California

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Billing by task: A summary of billing split by the following categories of tasks: (1) case
development; (2) the motion to dismiss; (3) discovery; (4) certifying the successful
California class; (5) seeking an unsuccessful Rule 23(f) appeal of the Court’s class
certification decision; (6) all work on litigating the unsuccessful classes (i.e., nationwide
class and injunctive relief class); (7) expert witnesses; (8) summary judgment;
(9) mediation and settlement; and (10) trial preparation.
o For each category: (1) each biller’s name; (2) bar admission year; (3) title; (4) total
hours billed on that category by year; (5) hourly rate for that year; (6) justification
for that year’s billable rate; and (7) total lodestar by biller per year.
o The discovery category should, if possible, be split into subcategories for (1)
document review; (2) written discovery; (3) depositions; and (4) discovery motions.

Defendant may file a response to Plaintiffs’ counsel’s additional information by February 26,
2021. Plaintiffs may file a reply by March 5, 2021.
Moreover, to the extent Plaintiffs’ counsel has included in the lodestar time spent on the
motion for attorneys’ fees, Plaintiffs’ counsel shall exclude that time from the lodestar. “Fees are
not awarded for fee litigation in common fund cases because, rather than creating or preserving the
common fund, the fee litigation actually depletes it.” Kinney v. Int'l Bhd. of Elec. Workers, 939
F.2d 690, 694 n.5 (9th Cir. 1991); accord 5 Newberg on Class Actions § 15:93 (5th ed. Dec. 2020
update) (collecting cases).
IT IS SO ORDERED.

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Dated: February 9, 2021

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______________________________________
LUCY H. KOH
United States District Judge

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Case No. 17-CV-00551-LHK
CASE MANAGEMENT ORDER