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)

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK --------------------------------GORDON CASEY, individually and on behalf of all others similarly situated, Plaintiff, -v- 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; -2- 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. -3-

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