Kroshus et al v. United States of America et al

Filing 650

ORDER APPROVING DISBURSEMENT OF SETTLEMENT re 649 Proposed Order Approving Settlement and Motion Hearing held on 7/29/11. Signed by Magistrate Judge Robert A. McQuaid, Jr. on 8/1/2011. (Copies have been distributed pursuant to the NEF - HJ)

Case 3:08-cv-00246-LDG-RAM Document 649

Filed 08/01/11 Page 1 of 3

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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JUDY KROSHUS, et al.,

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Plaintiffs,
v.

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HAGER & HEARNE
245 E. Liberty St., Ste 110
Reno, NV 89501
[phone], FAX [phone]

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UNITED STATES OF AMERICA,
Defendant.

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CASE NO.: 3:08-cv-00246-LDG-RAM
CASE NO.: 3:09-cv-00713-LDG-RAM
ORDER

ORDER APPROVING DISBURSEMENT OF SETTLEMENT

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WHEREAS, on June 15, 2011 and July 8, 2011, Counsel for Plaintiffs deposited in

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the U.S. Mail notice of the proposed settlements to all members of the class herein and

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caused the aforementioned notice to be published in the Fernley Leader and Reno

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Gazette-Journal for three (3) successive weeks;

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WHEREAS, said notice set out the terms of the proposed settlement and

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procedure for distribution of settlement funds and noticed the time and place for class

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members to appear and object to and comment on said settlement in Court on the 29 th

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day of July, 2011 at 10 a.m.;

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WHEREAS, on July 29, 2011, at 10 a.m., the Court considered Plaintiffs’ Motion

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for Approval of Settlement of Class Action Pursuant to FRCP 23(e) and Distribution of

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Funds and the Court inquired as to whether or not there were any other comments

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and/or objections by people and parties present or who had written to the Court or

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Parties, and Attorneys and Representatives;

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Case 3:08-cv-00246-LDG-RAM Document 649

Filed 08/01/11 Page 2 of 3

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NOW, THEREFORE, the Court being fully advised, makes the following Findings:

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1)

That legal and sufficient notice has been duly and regularly given to the

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members of the Class so as to give the members an opportunity to appear and be heard

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regarding the proposed settlement and distribution.

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2)

That the class settlement with the Board of Directors of Truckee-Carson

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Irrigation District, City of Fernley, and Lyon County in the amount of $10,150,500.00, is

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fair, just, and equitable in light of the basis upon which the Court approved the class in

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this matter and should be approved.

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3)

That the distribution formula set forth in the notice, which is based upon

HAGER & HEARNE
245 E. Liberty St., Ste 110
Reno, NV 89501
[phone], FAX [phone]

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an engineer’s analysis of the level of water on and/or in each subject property, is fair,

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just, and equitable and in accord with the basis upon which the Court approved the Class

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and should be approved by the Court. Specifically, after deducting for attorneys’ fees and

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costs, settlement proceeds will be distributed to members of the Class according to the

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following formula:

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Level 1- No water on Property (generally not eligible to receive settlement
funds);

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Level 2- Water on property but no water in garage/crawlspace;

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Level 3- Water in garage and/or crawl space; and

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Level 4- Water in living space.

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Any claim of level of water intrusion inconsistent with the engineer’s analysis will be

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submitted to the Court for determination.

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Additionally, the named Class Representatives in this action will share in the

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allocation of the settlement proceeds described above, except that, in addition, the

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named Class Representatives will each receive $1,000.00 payable from the settlement

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proceeds as compensation for serving as representatives of the class.

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4)

That in light of the complexity of the case, the very substantial time spent

by the attorneys, and very substantial costs necessarily incurred in connection with the

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Case 3:08-cv-00246-LDG-RAM Document 649

Filed 08/01/11 Page 3 of 3

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prosecution of this matter, the Court finds that Plaintiffs’ request for attorneys’ fees in

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the amount of $3,383,333.33, which equals thirty-three and one third (33 1/3) percent of

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the class settlement, and costs in the amount of $765,501.80, is reasonable and in accord

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with those customarily awarded by Courts in such matters and should be approved by

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the court.

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NOW, THEREFORE it is hereby ORDERED that:

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1)

That legal and sufficient notice has been duly and regularly given to the

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members of the Class so as to give the members an opportunity to appear and be heard

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regarding the proposed settlement and distribution.

HAGER & HEARNE
245 E. Liberty St., Ste 110
Reno, NV 89501
[phone], FAX [phone]

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2)

That the class settlement in the amount of $10,150,500.00 is fair, just, and

equitable and is therefore APPROVED.
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That Plaintiffs’ request for attorneys’ fees in the amount of $3,383,333.33

and costs in the amount of $765,501.80 is reasonable, and is therefore APPROVED.
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That the method for distributing settlement funds is fair, just, and

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equitable, and is therefore APPROVED. After deducting attorneys’ fees and costs,

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Plaintiffs’ counsel is authorized to distribute $6, 001, 164.87 to Class Members in

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accordance with the procedures approved herein

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IT IS SO ORDERED

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DATED this ______ day of August 2011,

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_____________________________
UNITED STATES MAGISTRATE JUDGE

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