Brigiotta's Farmland Produce and Garden Center, Inc. v. United Potato Growers of Idaho, Inc. et al

Filing 731

FEE AND EXPENSE ORDER granting ( 714 ) Motion for Attorney Fees in case 4:10-cv-00307-BLW-CWD; granting (868) Motion for Attorney Fees in case 4:10-md-02186-BLW-CWD; granting (382) Motion for Attorney Fees in case 4:13-cv-00251-BLW-CWD. Signed by Judge B. Lynn Winmill. Associated Cases: 4:10-md-02186-BLW-CWD, 4:10-cv-00307-BLW-CWD, 4:13-cv-00251-BLW-CWD(caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjs)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF IDAHO

IN RE: FRESH AND PROCESS
POTATOES ANTITRUST LITIGATION

Case No. 4:10-MD-2186-BLW

THIS DOCUMENT APPLIES TO:
ALL INDIRECT PURCHASER ACTIONS

FEE AND EXPENSE ORDER
This Matter came before the Court on Indirect Purchaser Plaintiffs’ (“IPPs”) Motion for
Attorneys’ Fees, Reimbursement of Expenses, and Payment of Class Representative Service
Awards (the “Motion for Fees”), in connection with the settlement of this litigation (the
“Settlement”). The Settlement received Preliminary Approval from the Court on June 17, 2015
and a hearing on Final Approval and this Motion for Fees was scheduled for December 3, 2015
at 3:30 p.m. The Court, having considered IPPs’ Motion for Fees and the memorandum and
declarations in support thereof, and after a duly noticed hearing, hereby finds that:
1.

The Motion for Fees on behalf of IPPs’ counsel (“Class Counsel”), in accordance

with Settlement Agreement Between Indirect Purchaser Plaintiffs’ Classes and All Defendants,
seeks (i) an award of attorneys’ fees of $1.65 million, equating to 30% of the $5.5million
settlement fund (the “Settlement Fund”); (ii) reimbursement of $967,883.58 in unreimbursed
attorneys’ litigation costs and expenses; and (iii) service awards for each named class
representative (the “Named Plaintiffs”) in the amount of $1,000.
2.

The amount of attorneys’ fees requested is fair and reasonable under the

“percentage-of-the-fund” method. This is confirmed by a lodestar “cross-check,” which reveals

Class Counsel are seeking less than 13% of the collective lodestar expended by attorneys
litigating the case on behalf of the IPP Class (the “Class”).
3.

The attorneys’ fees requested were entirely contingent upon success. Class

Counsel risked time and effort and advanced significant costs and expenses with no ultimate
guarantee of compensation. The award of 30% of the Settlement Fund is warranted for reasons
set out in Class Counsel’s moving papers, including but not limited to the following: the
excellent result obtained for the Class – payment by Defendants of $5.5 million in cash, in
addition to substantial injunctive relief; the quality and quantity of work performed by Class
Counsel – including extensive substantive motion practice, procedural matters, discovery
requests and disputes, document review and analysis, all involving novel, complex, and difficult
issues of fact and law; the risks faced throughout the litigation, including at the outset; and a
reasonable lodestar “cross-check,” discussed above.
4.

The expenses sought were incurred in connection with the prosecution of the

litigation for the benefit of the Class and were reasonable and necessary.
5.

Therefore, upon consideration of the Motion for Fees and the accompanying

memorandum and declarations, and based upon all matters of record including the pleadings and
papers filed in this action and oral argument given at the hearing on this matter, the Court hereby
finds that: (i) the attorneys’ fees requested are reasonable and proper; (ii) the expenses requested
were necessary, reasonable and proper; and (iii) the requested service awards are fair and
reasonable to award Named Plaintiffs for their service in to representing the interests of the Class
and the general public in the coordinated actions.
6.

Accordingly, it is hereby ORDERED and DECREED that:
a.

The Indirect Purchaser Plaintiffs’ Motion for Attorneys’ Fees,
Reimbursement of Expenses and Payment of Service Awards to Named
Plaintiffs (Dkt. 868) is Granted.

b.

Class Counsel are awarded attorneys’ fees in the amount of $1,650,000,
equal to 30% of the Settlement Fund.
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c.

Class Counsel are awarded reimbursement of their unreimbursed costs and
expenses in the amount of $967,883.58.

d.

The Court also approves the requested service awards to each Named
Plaintiff in the amount of $1,000, for their service in representing the
interests of the Class and the general public in this litigation.

e.

The attorneys’ fees, expenses, and incentive awards shall be paid from the
Settlement Fund.

IT IS SO ORDERED.

DATED: December 14, 2015
_________________________
B. Lynn Winmill
Chief Judge
United States District Court

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