Donaway et al v. Rohm and Haas Company, Louisville Plant

Filing 41

MEMORANDUM OPINION AND ORDER signed by Judge John G. Heyburn, II on 7/1/2009. Fairness Hearing was held on 4/20/2009, on the Joint Motion for Preliminary Approval of Class Action. For the reasons set forth, the Joint Motion to Approve the Class Set tlement is DENIED at this time, subject to the conditions set forth. Defendants have until 8/2/2009 to agree to the Court's approval which is attached as Exhibit A. If the Court receives Defendants' approval, the Court will enter that Order and will also enter the attached Exhibit B awarding attorney's fees. If Defendants do not approve, the Court will deny the Motion without condition. (Attachments: # 1 Exhibit A, # 2 Exhibit B)cc: Counsel (RLK)

[EXHIBIT "B"] UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY AT LOUISVILLE CIVIL ACTION NO. 3:06-CV-575-H JUDITH DONAWAY, et al. V. ROHM AND HAAS COMPANY, LOUISVILLE PLANT ORDER Plaintiffs' counsel has moved for the approval of its fees as a consequence of resolving these class action claims. In its Memorandum Opinion, the Court has discussed the fee request and the resolution of them. Now that Defendant has approved the Proposed Class Settlement as amended and the Court being otherwise sufficiently advised, IT IS HEREBY ORDERED that Plaintiff Class Counsel's motion for attorney's fees and costs is SUSTAINED IN PART and they are awarded attorney's fees and costs in the amount of $75,000. This _____ day of ______, 2009. DEFENDANT PLAINTIFFS

____________________________________ JOHN G. HEYBURN II JUDGE, U.S. DISTRICT COURT cc: Counsel of Record