Barr, et al v. Qwest Comm Intl Inc, et al

Filing 165

ORDER AUTHORIZING DISBURSEMENT OF FEE-AND-EXPENSE AWARD FROM ESCROW granting 164 Consent Motion. By Judge Wiley Y. Daniel on 2/25/13.(mjgsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No.: 01-cv-00748-WYD-KLM
ROBERT C. BARR and BARBARA S. BARR,
LAMMCO PROPERTIES, LTD., a Colorado corporation,
KENNETH J. SCHWEIZER and ARLENE J. SCHWEIZER,
VINCENT J. POTESTIO and CAROL A. POTESTIO, and
ORIN LOOS, for themselves and on behalf of all others similarly situated,
Plaintiffs,
v.
QWEST COMMUNICATIONS COMPANY, LLC, a Delaware limited liability company,
SPRINT COMMUNICATIONS COMPANY L.P., a Delaware limited partnership,
LEVEL 3 COMMUNICATIONS, LLC, a Delaware limited liability company, and
WILTEL COMMUNICATIONS, LLC, a Delaware limited liability company,
Defendants.

ORDER AUTHORIZING DISBURSEMENT
OF FEE-AND-EXPENSE AWARD FROM ESCROW
____________________________________________________
Settlement Class Counsel have filed a consent motion for an order approving
disbursement from escrow of the fees and expenses the Court awarded in settlement of
this class action (ECF No. 164). The Court awarded the subject fees and expenses in
its Findings of Fact and Conclusions of Law on Plaintiffs’ Motion for Award of Attorneys’
Fees and Expenses to Settlement Class Counsel (Doc. No. 160). Pursuant to that
award and the terms of the Colorado Class Settlement Agreement, the Settling
Defendants have deposited the fee-and-expense award into an escrow account
established with U.S. Bank in New York. The allocation of the fee-and-expense award

among all interested counsel and their agreed percentages are memorialized in a July
6, 2012 Agreement to Arbitrate the Allocation of Attorneys’ Fees and Costs Awarded in
the Fiber-Optic-Cable Right-of-Way Litigation (“Agreement to Arbitrate”) and an
arbitration award under the Agreement to Arbitrate.
Upon consideration of the consent motion and the record in this case, it is hereby
ORDERED that the consent motion (ECF No. 164) is GRANTED. It is further
ORDERED that, under the Agreement to Arbitrate and the arbitration award:
1. Garretson Firm Resolution Group, Inc. shall disburse the Colorado feeand-expense award from the Colorado Fiber Optic Counsel Qualified
Settlement Fund, after all current expenses for administering the Fund
have been deducted and any accumulated interest has been added, in the
following percentages to the following groups of counsel:
(1) 85.956 percent to the 48-Firm Group;1
(2) 8.398 percent to William T. Gotfryd;2 and
(3) 1.2 percent to the Litman Group.3

1

“The 48-Firm Group” means (1) the attorneys and law firms listed under “The 48-Firm Group”
in Schedule A of the Agreement to Arbitrate, all of whom have, through separate agreements,
agreed on the allocation of their collective share of Gross Fees between and among themselves
and (2) any other counsel who requests an award of the Gross Fees based on representation of a
client who is also represented by the 48-Firm Group and which counsel is not William T.
Gotfryd, a member of the Litman Group, a member of the Susman Group, or a representative of
the Estate of Hugh V. Smith, Jr, as defined in the Agreement to Arbitrate.
2

“William T. Gotfryd” means William T. Gotfryd, Esq. and any other counsel who requests an
award of the Gross Fees based on representation of a client who is also represented by William
T. Gotfryd and which counsel is not a member of the Litman Group, a member of the 48-Firm
Group, a member of the Susman Group, or a representative of the Estate of Hugh V. Smith, Jr, as
defined in the Agreement to Arbitrate.

2

It is further ORDERED that the Susman Group4 may file a motion requesting
disbursement of its 4.446-percent share of the award, but until such time as that motion
is filed and granted the Susman Group’s share shall remain in escrow.
It is further ORDERED that all escrow-account expenses for administering the
Colorado Fiber Optic Counsel Qualified Settlement Fund that are incurred after making
the distribution to the 48-Firm Group, William T. Gotfryd, and the Litman Group will be
paid for out of the remaining funds held in escrow for the Susman Group.

Dated: February 25, 2013
BY THE COURT:

s/ Wiley Y. Daniel
Wiley Y. Daniel
Senior United States District Judge

3

“The Litman Group” means Seth A. Litman and Alembik, Fine & Callner P.A; and any other
counsel who requests an award of the Gross Fees based on representation of a client who is also
represented by the Litman Group and which counsel is not William T. Gotfryd, a member of the
48-Firm Group, a member of the Susman Group, or a representative of the Estate of Hugh V.
Smith Jr., as defined in the Agreement to Arbitrate.
4

“The Susman Group” means Arthur Susman, Esq.; Susman Heffner & Hurst, LLP; Charles
Watkins, Esq.; John Wylie, Esq.; Donaldson & Guin LLC; the attorneys and law firms listed
under “The Susman Group” in Schedule A of the Agreement to Arbitrate; and any other counsel
who requests an award of the Gross Fees based on representation of a client who is also
represented by the Susman Group and which counsel is not a member of the 48-Firm Group, a
member of the Litman Group, William T. Gotfryd, or a representative of the Estate of Hugh V.
Smith, Jr, as defined in the Agreement to Arbitrate.

3