Anwar et al v. Fairfield Greenwich Limited et al

Filing 1099

FINAL JUDGMENT AND ORDER AWARDING FEES AND EXPENSES from the settlement. (Signed by Judge Victor Marrero on 3/27/13) (Attachments: #1 Notice of Right to Appeal)(ml)

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK

PASHA ANWAR, et
Plaintiffs,

v.

FAIRFIELD GREEN
ICH LIMITED, et al.,

Defendants.

This Document Relate To: 09-cv-118 (VM)

Master File No. 09-cv-118 (VM

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lVIENT AND ORDER AWARDING FEES AND EXPENSES
This matter ca e before the Court for hearing on March 22, 2013 pursuant to

e Order

Preliminarily Approvi g Settlement and Providing for Notice of Proposed Settlement ("Pre im{nary
Approval Order"), d ed November 30, 2012 (Dkt. No. 1008), on the applicatio
Representative Plainti fs for approval of the Settlement set forth in the Stipulation of S
dated as of November 6, 2012 (Dkt. No. 996), as modified by the Amendment to Stipu ati n of
Settlement dated Dece ber 12,2012, so ordered on December 13,2012 (Dkt. No. 1012) an the
letter to the Court dat d January 23, 2013 from counsel for the Settling Parties, so or er d on
January 24, 2013 (Dk . No. 1022) (collectively, the "Stipulation"), and the petition, on
Plaintiffs' Counsel, fo an award of attorneys' fees and reimbursement of expenses, and

aJds to

the Representative PIa ntiffs. Due and adequate notice having been given to the Settlemen CI~ss as
required in said Preli inary Approval Order, and the Court having considered all papers

lle~ and

proceedings held herei and otherwise being fully informed in the premises and good ca se
appearing therefore, I IS HEREBY ORDERED, ADJUDGED AND DECREED that:

1.

This Fin 1 Judgment and Order Awarding Fees and Expenses (the "Final

Expense Judgment") in orporates by reference the definitions in the Stipulation, and all te
herein shall have the s
2.

e meanings as set forth in the Stipulation.

This Co rt has previously entered a Final Judgment and Order of Dismis al )Vith

Prejudice, among other hings, approving the Settlement set forth in the Stipulation and fin in, that
said Settlement is, in al respects, fair, reasonable and adequate to, and is in the best interes s

01' the

,

,

Representative Plaintif s, the Settlement Class and each of the Settlement Class Members
3.

The Co rt hereby grants Plaintiffs' Lead Counsel attorneys' fees of 25° 0 or the

$50,250,000 Initial Set lement Amount and expenses in an amount of$1 ,279,242, together it the
interest earned thereon for the same time period and at the same rate as that earned on t e I~itial
i

Settlement Amount. S id fees shall be allocated by Plaintiffs' Lead Counsel in a manner hilh' in
their good-faith judg ent, reflects each Plaintiff's Counsel's contribution to the in titition,
prosecution and resolu ion ofthe Action. The Court finds that the amount offees awarded i fair and
i

reasonable under the ercentage-of-recovery method and the factors described in Gold erger v.
Integrated Resources, nc" 209 F,3d 43. 50 (2d Cir, 2000), Tho,efactors inc Iude !hefollo 'n,: the

(i) time and labor ex nded by Plaintiffs' Counsel; (2) the magnitude and complexiti s of the
Action; (3) the risk of ontinued litigation; (4) the quality of representation; (5) the reques d tee in
relation to the Settlem t; (6) the experience and ability ofthe attorneys; (7) awards in simi ar jases;
(8) the contingent natu e ofthe representation and the result obtained for the Settlement C as; and
(9) public policy consi erations. See Goldberger, 209 F.3d at 50.
4.

The C urt hereby grants the Representative Plaintiffs reimbursement ofj1their

reasonable costs and e penses (including lost wages) directly related to their representati n •fthe
i

Settlement Class (incl ding, where applicable, an incentive award), together with the inter t earned

2

thereon for the same fme period and at the same rate as that earned on the Initial Settlement
Amount:
1.

Pacific

est Health Medical Center Employees Retirement Trust (in the amount of

$50,000);
ii.

Harel I surance Company Ltd. (in the amount of $30,000);
d Shirley Bach Family Trust (in the amount of $25,000);

111.

iv.

Natalia Hatgis (in the amount of $25,000);

v.

Securiti s & Investment Company Bahrain (in the amount of $45,000);

vi.

Dawso Bypass Trust (in the amount of $25,000); and

VB.

St. Ste hen's School (in the amount of $25,000).

5.

The aw rded attorneys' fees and expenses, and interest earned thereon, shall be paid

to Plaintiffs' Lead CoJnsel and the Representative Plaintiffs from the Initial Settlement Amount,
together with interest arc rued on such amount from the date of such order to the date of payment at
the same rate as earne on the Initial Settlement Amount, subject to the terms, conditions, and
obligations of the Stip lation.

6.

expressly determines that there is no just reason for delay in entering this

Final Judgment and di eets the Clerk of the Court to enter this Final Judgment pursuant to Fed. R.
Civ. P. 54(b).
7.

Without affecting the finality of this Final Judgment in any way, exclusive

jurisdiction is hereby r1tained over the Settling Parties, the FG Defendants, and the Settlement Class
Members for all mattqrs relating to the Action, including (i) the administration, interpretation,
I

effectuation or enforcement of the Stipulation and this Final Judgment, (ii) disposition ofthe Initial
Settlement Amount an lor Escrow Fund; and (iii) the award of attorneys' fees, costs, interest, and

3

.
.
ent of expeI)ses In the Action.

reimbUfS: 7&~ 2L713
DATED.

i
t

Victor Marrero
Honorable. . Judge
.
Umte d States Dlstnct

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