Casey v. Citibank, N.A. et al

Filing 235

ORDER GRANTING ATTORNEYS' FEES, EXPENSES, AND CLASS REPRESENTATIVE SERVICE AWARD: the # 227 Motion for Attorney Fees in the amount of $230,000.00 pursuant to paragraph 38 of the Settlement Agreement and Federal Rule of Civil Procedure 23( e), is APPROVED. Further Ordered that the award of $5,000.00 to plaintiff Gordon Casey, pursuant to paragraph 39 of the Settlement Agreement is APPROVED. The Clerk is directed to enter judgment accordingly and close this case. Signed by Judge David N. Hurd on 10/1/2014. (jmb)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
--------------------------------GORDON CASEY, individually and on behalf
of all others similarly situated,
Plaintiff,
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5:12-CV-820 (LEAD)

MIDFIRST BANK, N.A., doing business as
Midland Mortgage; and FIRSTINSURE, INC.,
Defendants.
--------------------------------APPEARANCES:

OF COUNSEL:

NICHOLS KASTER, PLLP
Attorneys for Plaintiff
4600 IDS Center
80 South Eighth Street
Minneapolis, MN 55402
One Embarcadero Center, Suite 720
San Francisco, CA 94111

E. MICHELLE DRAKE, ESQ.
JOSEPH C. HASHMALL, ESQ.
KAI H. RICHTER, ESQ.

BERGER & MONTAGUE, P.C.
Attorneys for Plaintiff
1622 Locust Street
Philadelphia, PA 19103

PATRICK F. MADDEN, ESQ.
SARAH R. SCHALMAN–BERGEN, ESQ.
SHANON J. CARSON, ESQ.

TAUS, CEBULASH & LANDAU, LLP
Attorneys for Plaintiff
80 Maiden Lane, Suite 1204
New York, NY 10038

BRETT H. CEBULASH, ESQ.
KEVIN LANDAU, ESQ.

GOODWIN PROCTER LLP
Attorneys for Defendants
Exchange Place
53 State Street
Boston, MA 02109

DAVID S. KANTROWITZ, ESQ.
JOHN C. ENGLANDER, ESQ.
MATTHEW G. LINDENBAUM, ESQ.

MATTHEW C. HELLAND, ESQ.

COSTELLO, COONEY & FEARON, PLLC
Attorneys for Defendants
500 Plum Street, Suite 300
Syracuse, NY 13204

ROBERT J. SMITH, ESQ.

DAVID N. HURD
United States District Judge

ORDER GRANTING ATTORNEYS' FEES, EXPENSES, AND CLASS
REPRESENTATIVE SERVICE AWARD
Plaintiff has moved for Approval of Attorneys' Fees, Expenses and a Service Award.
The motion is unopposed by Defendants MidFirst Bank, N.A. ("MidFirst") and FirstInsure, Inc.
("FirstInsure") (collectively, "the MidFirst Defendants"), and none of the Settlement Class
Members objected to the requested fees and expenses.
A Final Approval Hearing was held on September 26, 2014, in Utica, New York. The
Motion, the Settlement Agreement, the other papers submitted in connection with the Motion,
the arguments of counsel, the response of the Settlement Class to the Settlement Notice,
and all files, records, and proceedings in the above-captioned action have been reviewed
and considered.
The requested attorneys' fees and expenses in the amount of $230,000 are
reasonable and appropriate. Specifically, the requested attorneys' fees and expenses are
warranted in light of the following factors:
a.

The results obtained for the Class;

b.

The time and labor expended by Class Counsel;

c.

The magnitude and complexity of the litigation;

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d.

The risks Class Counsel assumed in light of the complexity of legal and
factual issues in lender-placed insurance cases;

e.

The quality of Class Counsel and the MidFirst Defendants' counsel;

f.

The size and scope of the Settlement as compared to the request for
attorneys' fees and expenses; and

g.

Public policy considerations.

Plaintiff Gordon Casey's request for a service award in the amount of $5,000 is
reasonable and appropriate.
Therefore, it is
ORDERED that
1. The requested attorneys' fees and costs in the amount of $230,000, pursuant to
Paragraph 38 of the Settlement Agreement and Federal Rule of Civil Procedure 23(e), is
APPROVED; and
2. The award of $5,000 to Plaintiff Gordon Casey, pursuant to Paragraph 39 of the
Settlement Agreement, is APPROVED.
IT IS SO ORDERED.
The Clerk of the Court is directed to enter judgment accordingly and close this case.

Dated: October 1, 2014
Utica, New York.
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