Kroshus et al v. United States of America, et al

Filing 263

ORDER APPROVING DISBURSEMENT OF SETTLEMENT re 262 Proposed Order Submission filed by Plaintiffs. Signed by Magistrate Judge Robert A. McQuaid, Jr. on 8/1/2011. (Copies have been distributed pursuant to the NEF - HJ)

Case 3:09-cv-00713-LDG -RAM Document 262

Filed 08/01/11 Page 1 of 3

1
2

UNITED STATES DISTRICT COURT

3

DISTRICT OF NEVADA

4
5

JUDY KROSHUS, et al.,

6
7

Plaintiffs,
v.

8
9

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

10

UNITED STATES OF AMERICA,
Defendant.

11
12
13

)
)
)
)
)
)
)
)
)
)
)
)

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

ORDER APPROVING DISBURSEMENT OF SETTLEMENT

14
15

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

16

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

17

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

18

Gazette-Journal for three (3) successive weeks;

19

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

20

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

21

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

22
23

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

24

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

25

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

26

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

27

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

28

Parties, and Attorneys and Representatives;

1

Case 3:09-cv-00713-LDG -RAM Document 262

Filed 08/01/11 Page 2 of 3

1

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

2

1)

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

3

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

4

regarding the proposed settlement and distribution.

5

2)

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

6

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

7

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

8

this matter and should be approved.

9

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]

10

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

11

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

12

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

13

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

14

following formula:

15
16

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

17

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

18

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

19

Level 4- Water in living space.

20

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

21

submitted to the Court for determination.

22

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

23

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

24

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

25

proceeds as compensation for serving as representatives of the class.

26
27

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

28
2

Case 3:09-cv-00713-LDG -RAM Document 262

Filed 08/01/11 Page 3 of 3

1

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

2

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

3

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

4

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

5

the court.

6

NOW, THEREFORE it is hereby ORDERED that:

7

1)

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

8

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

9

regarding the proposed settlement and distribution.

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

10
11
12
13
14

2)

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

equitable and is therefore APPROVED.
3)

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.
4)

That the method for distributing settlement funds is fair, just, and

15

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

16

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

17

accordance with the procedures approved herein

18

IT IS SO ORDERED

19
20

1st
DATED this ______ day of August 2011,

21
22
23

_____________________________
UNITED STATES MAGISTRATE JUDGE

24
25
26
27
28
3