De Giovanni v. Jani-King International, Inc. et al

Filing 266

Judge Mark L. Wolf: ORDER entered. (MacDonald, Gail)

UNITED STATES DISTRICT COURT

DISTRICT OF MASSACHUSETTS

VINCENT DE GIOVANNI, MARIETTE
BARROS, DIAMANTINO FERNANDES,
MARIA PINTO, MANUEL FERNANDES,
MARIA MONTEIRO, and all others
similarly situated,
Plaintiffs,

v.
JANI-KING INTERNATIONAL, INC.,
JANI-KING, INC., and
JANI-KING OF BOSTON, INC.,
Defendants.

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Civ. A. No.

07-10066-MLW

ORDER
WOLF, D.J.

As

March 21, 2014

stated

at

the

March

20,

2014

hearing,

it

is

hereby

ORDERED that:
1.

By March 25, 2014, plaintiffs' counsel shall file:
a)

A motion to consolidate this case with Shanley v.

Jani-King International, Inc., Civ. No. 12-12146-FDS.
b)

A revised proposed Order of Preliminary Approval

modeled on the February 1,
Framingham LLC, Civ. No.
c)

A

2014 Order issued in Lucas v.

Ultima

12-12380-MLW.

revised

proposed

Notice

of

Proposed

Class

Action Settlement modeled on the Notice approved in the February
1, 2014 Order referenced in

~l(b)

supra.

2.

Any

objections

to

the

proposed

settlement

and

any

requests by class members to opt out of the settlement shall be
filed by July 17, 2014.
3.

By July 28, 2014, plaintiffs' counsel shall file:
a)

settlement

A memorandum in support of final approval of the
agreement,

along

with

any

objections

and

opt-out

notices received from members of the class.
b)
award

of

A memorandum and an

attorney's

fees

and

Action League v.

Puerto Rico,

(describing

lodestar

costs.

See,

295

Officers

(1st Cir. 2001)

Arising Out of San Juan Dupont Plaza Hotel Fire Litig.,

56 F.3d

(1st Cir. 1995)

re

Gay

of an

Appeals

307

In

support

~,

247 F.3d 288,

approach);

in

Thirteen

295,

the

affidavit

(holding that in common fund cases, the

court "may calculate counsel fees either on a percentage of the
fund
"time
under

basis

or

logged
the

by
is

fashioning
still

former

a

lodestar,"

relevant

method,

to

because

the

and

court's

"time

explaining

that

inquiry"

even

records

tend

to

illuminate the attorneys' role in the creation of the fund,

and,

thus,

of a

inform the

court's

inquiry into the

particular percentage") .

2

reasonableness

4.

The final settlement hearing will be held on August 7,

2014, at 3:00 p.m.

CL..-\.. e.

",-L,,--,

~ ~n

U~ATES DISTRICT JUDGE

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