Rodriguez v. Bumble Bee Foods, LLC

Filing 23

Notice and ORDER Providing Tentative Rulings re: 17 MOTION for Final Approval of Class Action Settlement; and 18 MOTION for Attorneys' Fees, Costs, and Incentive Award. The Court tentatively grants Plaintiff's Motion for Final Ap proval of Class Action Settlement. The Court tentatively grants in part Plaintiff's Motion for Attorneys' Fees, Costs, and Incentive Award. The Court tentatively finds attorneys' fees in the amount of $34,801.00 to be reasonable. The Court tentatively finds costs in the amount of $933.00 to be reasonable. Finally, the Court tentatively finds a class representative incentive award in the amount of $1,500 to be reasonable. As these rulings are tentative, the Court looks forward to the arguments of counsel at the hearing. Signed by Judge Michael M. Anello on 4/20/2018.(rmc)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA
MIGUEL RODRIGUEZ, on behalf of
himself, all others similarly situated, and
the general public,

Case No.: 17cv2447-MMA (WVG)
NOTICE AND ORDER PROVIDING
TENTATIVE RULINGS RE:

Plaintiff,

v.

MOTION FOR FINAL APPROVAL
OF CLASS ACTION SETTLEMENT;
AND

BUMBLE BEE FOODS, LLC,

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[Doc. No. 17]
Defendant.

MOTION FOR ATTORNEYS’ FEES,
COSTS, AND INCENTIVE AWARD

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[Doc. No. 18]

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Plaintiff Miguel Rodriquez’s Motion for Final Approval of Class Action

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Settlement (Doc. No. 17), and Motion for Attorneys’ Fees, Costs, and Incentive Award

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(Doc. No. 18) are currently set for hearing on Monday, April 23, 2018, at 2:30 p.m.

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Having reviewed the parties’ filings, the Court tentatively finds as follows:

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The Court tentatively GRANTS Plaintiff’s Motion for Final Approval of Class

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Action Settlement (Doc. No. 17). The Court tentatively finds that the proposed

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settlement of this class action is appropriate for final approval pursuant to Federal Rule of

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Civil Procedure 23(e), that the proposed settlement appears to be the product of serious,

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informed, arms-length negotiations, and that the settlement was entered into in good

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faith.
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17cv2447-MMA (WVG)

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The Court tentatively GRANTS IN PART Plaintiff’s Motion for Attorneys’ Fees,

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Costs, and Incentive Award (Doc. No. 18). The Court tentatively finds attorneys’ fees in

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the amount of $34,801.00 to be reasonable.1 The Court tentatively finds costs in the

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amount of $933.00 to be reasonable. Finally, the Court tentatively finds a class

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representative incentive award in the amount of $1,500 to be reasonable.

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As these rulings are tentative, the Court looks forward to the arguments of counsel
at the hearing.

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IT IS SO ORDERED.

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Dated: April 20, 2018

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_____________________________
HON. MICHAEL M. ANELLO
United States District Judge

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This lodestar figure is based upon the Court’s tentative findings that Class Counsel reasonably
expended 55.4 hours on this litigation, and that the following hourly rates are reasonable for Class
Counsel: $665 for Mr. Fitzgerald, $515 for Mr. Flynn, and $440 for Ms. Persinger. The Court
tentatively finds that a positive multiplier is not warranted in this case.
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17cv2447-MMA (WVG)