Santana v. Kehe Food Distributors, Inc. et al

Filing 53

ORDER Granting #47 Motion for an Award of Attorneys' Fees, Reimbursement of Expenses, and Service Award. Class Counsel are hereby awarded: (i) attorneys' fees in the amount of $45,000; and (ii) costs in the amount of $2,557.50; (iii) the Settlement Administrator CPT Group Inc. is entitled to $8,500, and (iv) the Class Representative Erik Santana is entitled to a Service Award in the amount of $1,250; all of which are to be paid from the Settlement Amount. Signed by Judge Larry Alan Burns on 10/26/2017. (lrf)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA
Case No. 15cv2963-LAB (DHB)

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ERIK SANTANA, an individual, on
behalf of himself, all others similarly
situated and the general public,
Plaintiffs,

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v.

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KeHe FOOD DISTRIBUTORS, INC.,
an Illinois corporation; and DOES 1
through 100 inclusive,

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Defendants.

[CLASS ACTION]
Assigned to: Hon. Larry Alan Burns
Magistrate: Hon. David H. Bartick
ORDER GRANTING MOTION
FOR AN AWARD OF
ATTORNEYS’ FEES,
REIMBURSEMENT OF
EXPENSES, AND SERVICE
AWARD

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Complaint filed:
Case Removed:

November 17, 2015
December 31, 2015

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ORDER RE MOTION FOR FEES, COSTS AND SERVICE AWARDS -15cv2963-LAB (DHB)

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This matter came before the Court on Plaintiff’s Motion for An Award of

2 Attorneys’ Fees, Reimbursement of Expenses, and Service Award (the “Attorneys’
3 Fees Motion”). Defendant agreed, for settlement purposes only, not to oppose the
4 Attorneys’ Fees Motion.
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Based upon the Court’s review of Plaintiff’s Attorneys’ Fees Motion,

6 including the Declarations of Thomas D. Rutledge and J.D. Henderson, and all
7 other papers submitted in connection with Plaintiff’s Final Approval Motion, as
8 well as the discussion held between the Court and the parties on the record at the
9 October 2, 2017, Final Approval Hearing, the Court finds and concludes as follows:
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1.

Notice of the requested award of attorneys’ fees and costs was

12 directed to Class Members in a reasonable manner, and complied with Rule
13 23(h)(1) of the Federal Rules of Civil Procedure.
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2.

Class Members and any party from whom payment is sought have

15 been given the opportunity to object in compliance with Fed. R. Civ. P. 23(h)(2).
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3.

No class member has objected to the requested fees and expenses.

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4.

The percentage of the common fund method is the appropriate means

18 of calculating attorneys’ fees in this case, and is “cross-checked” with the Lodestar
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5.

The number of hours that Class Counsel spent on this case was

21 reasonable in light of the early settlement and the excellent result obtained.
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6.

The rates used by Class Counsel are reasonable, and are in line with

23 attorneys of comparable skill, experience, and reputation who practice in the
24 Southern District of California. This conclusion is supported by the Rutledge
25 Declaration.
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7.

The attorneys’ fees requested, which is much less than the full

27 lodestar, is reasonable.
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ORDER RE MOTION FOR FEES, COSTS AND SERVICE AWARDS -15cv2963-LAB (DHB)

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8.

The costs and expenses incurred by Class Counsel are reasonable and

2 are the type that would normally be charged by an attorney to a fee-paying client.
3 See Grove v. Wells Fargo Fin. California, Inc., 606 F.3d 577, 580 (9th Cir. 2010).
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9.

The Court finds reasonable the Service Award for Class

5 Representative Erik Santana in the amount of $1,250. This amount shall be paid
6 from the Settlement Amount.
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10.

The Court finds reasonable the Settlement Administration fee of

8 $8,500 for CPT Group, Inc. This amount shall be paid from the Settlement Amount.
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The total award of $45,000 for attorneys’ fees, $2,557.50 for costs,

10 $8,500 for the Settlement Administrator, and $1,250 for the Service Award is fair
11 and reasonable.
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12.

The parties have separately consented to reference of this case to a

13 magistrate judge. The Court retains jurisdiction to interpret and enforce the parties’
14 settlement agreement, but by a separate order that matter — and any other
15 remaining issue in this case — is being referred to the magistrate judge assigned to
16 this case.
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Accordingly, IT IS HEREBY ORDERED as follows:

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Class Counsel are hereby awarded: (i) attorneys’ fees in the amount of

19 $45,000; and (ii) costs in the amount of $2,557.50; (iii) the Settlement
20 Administrator CPT Group Inc. is entitled to $8,500, and (iv) the Class
21 Representative Erik Santana is entitled to a Service Award in the amount of $1,250;
22 all of which are to be paid from the Settlement Amount.
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24 Date: October 26, 2017
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______________________________
Hon. Larry Alan Burns
United States District Judge

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ORDER RE MOTION FOR FEES, COSTS AND SERVICE AWARDS -15cv2963-LAB (DHB)