Treehouse Foods, Inc. et al v. Green Mountain Coffee Roasters, Inc. et al

Filing 167

ORDER GRANTING INDIRECT PURCHASER PLAINTIFFS' MOTION FOR ATTORNEYS' FEES, LITIGATION EXPENSES, AND SERVICE AWARDS in case 1:14 cv-00905-VSB; granting (1321) Motion for Attorney Fees in case 1:14-md-02542 VSB-SLC: it is hereby ORDERED: 1. For purposes of this Order, I adopt the terms and definitions set forth in the Settlement Agreement, unless otherwise specifically defined herein. 2. I have jurisdiction over the subject matter of this Action and over all parties to the Action, incl uding all members of the Settlement Class. 3. Notice of the Fee and Expense Application was provided to potential class members in a reasonable manner, and such Notice complies with Rule 23(h)(l) of the Federal Rules of Civil Procedure and due proces s requirements. The Notice mailed to all potential class members stated that Settlement Class Counsel could seek attorneys' fees of up to 33 1/3% of the Settlement Fund, and further directed class members to a website on which the full moti on for attorneys' fees was accessible as of January 8, 2021. Settlement Class members were given the opportunity to object to the Fee and Expense Application in compliance with Rule 23(h)(2) and no objections to the fee and expense provision of the Settlement Agreements or Fee and Expense Application were made. 4. I hereby award $10,333,333.33 in attorneys' fees (33 1/3% of the total Settlement Fund) to IPP Counsel2. The Court finds IPP Counsel's lodestar, based on their current hourly rates, is $21,148,380.85. This award represents a negative multiplier of 0.49. Having reviewed Settlement Class Counsel's application, I find the requested amount of attorneys' fees to be fair, reasonable and appropriat e pursuant to Goldberger v. Integrated Res., Inc., 209 F.3d 43 (2d Cir. 2000), and other applicable case law. I note that I analyzed each Goldberger factor in detail at the June 4, 2021 fairness hearing, and I incorporate those findings by reference. 5. In making this award of attorneys fees and expenses to be paid from the Settlement Fund, I have considered and found that: a. The Settlement Agreement has created a Settlement Fund of $31,000,000 in cash for the benefit of the Settlement Cla ss pursuant to the terms of the Settlement Agreement; b. Settlement Class Members who submit acceptable proof of claim forms will benefit from the Settlement Agreements because of the efforts of Settlement Class Counsel and Class Representative Plain tiffs; c. The fee sought by Settlement Class Counsel is fair and reasonable; d. Settlement Class Counsel have prosecuted the Action with skill, perseverance, and diligence, as reflected by the substantial Settlement Fund achieved and the positive rec eption of the Settlement Agreement by the Settlement Class; The Court also finds that IPP Counsel have incurred $2,298,015.93 million in litigation costs. All of these costs were reasonably incurred in the ordinary course of prosecuting this cas e and necessary given the complex nature and scope of the case. The Court finds that IPP Counsel are entitled to be reimbursed for these costs. I incorporate by reference the findings regarding these litigation costs that I made at the June 4, 2021 f airness hearing. 8. The Court further approves IPPs' request for payment of $451,286.43 and any additional amounts actually incurred up to a combined total amount of $911,286.43, in settlement notice and administration costs payable to JND Legal Administration. If the settlement notice and administration costs payable to JND Legal Administration are to exceed $911,286.43, IPPs shall promptly seek Court authorization and approval of any such additional amount. I incorporate by reference the findings regarding costs incurred by JND Legal Administration that I made at the June 4, 2021 fairness hearing. 9. The Court further approves an incentive award of $3,000 for each of the eleven Class Representative Plaintiffs who had their depositions taken, and $1,500 for the remaining twenty Class Representative Plaintiffs3 (a total of $63,000). This incentive award is justified by: (1) the risks Class Representative Plaintiffs faced in bringing this lawsuit, fina ncial and otherwise; (2) the amount of time and effort spent on this case by Class Representative Plaintiffs; and (3) the benefits Class Representative Plaintiffs helped obtain for the Class Members under the Settlement Agreement. I incorporate by re ference the findings regarding service fees that I made at the June 4, 2021 fairness hearing. 10. The attorneys' fees, costs, and incentive awards set forth in this Order shall be paid and distributed in accordance with the terms of the Settlement Agreement. SO ORDERED.. (Signed by Judge Vernon S. Broderick on 6/7/2021) Filed In Associated Cases: 1:14-md-02542-VSB-SLC et al. (kv) Transmission to Finance Unit (Cashiers) for processing.

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
IN RE:
14-md-02542 (VSB)
KEURIG GREEN MOUNTAIN SINGLESERVE COFFEE ANTITRUST
LITIGATION
This Relates to the Indirect Purchaser Actions
6/7/2021

ORDER GRANTING INDIRECT PURCHASER PLAINTIFFS’ MOTION
FOR ATTORNEYS’ FEES, LITIGATION EXPENSES, AND SERVICE AWARDS

953537.2

VERNON S. BRODERICK, United States District Judge:
The Indirect Purchaser Plaintiffs’ Motion for Attorneys’ Fees, Litigation Costs, and
Service Awards came before me on June 4, 2021. (Docs. 1321–23.) Having considered the
Settlement Agreement (Doc. 1114-1.); the motion for attorneys’ fees and the supporting
declarations and memorandum of law; the arguments of counsel; and good cause appearing, it is
hereby ORDERED:
1.

For purposes of this Order, I adopt the terms and definitions set forth in the

Settlement Agreement, unless otherwise specifically defined herein.
2.

I have jurisdiction over the subject matter of this Action and over all parties to the

Action, including all members of the Settlement Class.
3.

Notice of the Fee and Expense Application was provided to potential class

members in a reasonable manner, and such Notice complies with Rule 23(h)(l) of the Federal
Rules of Civil Procedure and due process requirements. The Notice mailed to all potential class
members stated that Settlement Class Counsel1 could seek attorneys’ fees of up to 33 1/3% of the
Settlement Fund, and further directed class members to a website on which the full motion for
attorneys’ fees was accessible as of January 8, 2021. Settlement Class members were given the
opportunity to object to the Fee and Expense Application in compliance with Rule 23(h)(2) and
no objections to the fee and expense provision of the Settlement Agreements or Fee and Expense
Application were made.
4.

I hereby award $10,333,333.33 in attorneys’ fees (33 1/3% of the total Settlement

Fund) to IPP Counsel2. The Court finds IPP Counsel’s lodestar, based on their current hourly

1

As used herein and as appointed by the Court (Doc. 36), “Settlement Class Counsel”
collectively refers to Kaplan Fox & Kilsheimer LLP (“Kaplan Fox”), Pearson Simon & Warshaw
LLP (“PSW”), and Wolf Haldenstein Adler Freeman & Herz LLP (“Wolf Haldenstein”). (See
also Doc. 1216.)
2
IPP Counsel” collectively refers to Arthur N. Bailey & Associates/Rupp, Bartko Zankel Bunzel
& Miller, Bozeman Law Firm, Gainey McKenna, Hart McLaughlin & Eldridge, Isquith Law
Firm PLLC, Kaplan Fox, Lynn, Lynn, Blackman & Manitsky, P.C., Oliver Law Group, PSW,
Polsinelli, PC, Preti Flaherty, Pritzker Levine LLP, Segal McCambridge Singer & Mahoney, Ltd,

953537.2

1

rates, is $21,148,380.85. This award represents a negative multiplier of 0.49. Having reviewed
Settlement Class Counsel’s application, I find the requested amount of attorneys’ fees to be fair,
reasonable and appropriate pursuant to Goldberger v. Integrated Res., Inc., 209 F.3d 43 (2d Cir.
2000), and other applicable case law. I note that I analyzed each Goldberger factor in detail at
the June 4, 2021 fairness hearing, and I incorporate those findings by reference.
5.

In making this award of attorneys’ fees and expenses to be paid from the

Settlement Fund, I have considered and found that:
a.

The Settlement Agreement has created a Settlement Fund of $31,000,000

in cash for the benefit of the Settlement Class pursuant to the terms of the Settlement Agreement;
b.

Settlement Class Members who submit acceptable proof of claim forms

will benefit from the Settlement Agreements because of the efforts of Settlement Class Counsel
and Class Representative Plaintiffs;
c.

The fee sought by Settlement Class Counsel is fair and reasonable;

d.

Settlement Class Counsel have prosecuted the Action with skill,

perseverance, and diligence, as reflected by the substantial Settlement Fund achieved and the
positive reception of the Settlement Agreement by the Settlement Class;
e.

The Action involved complex factual and legal issues that were

extensively researched and developed by Settlement Class Counsel, and vigorously disputed in
briefing, discovery, and mediation for over seven years;
f.

Had the Settlement Agreement not been achieved, a significant risk

existed that Plaintiffs and class members may have recovered significantly less or nothing from
Keurig;
g.

Public policy considerations support the requested fees; and

h.

The amount of attorneys’ fees awarded and expenses reimbursed is

appropriate to the specific circumstances of the Action.
Thrash Law Firm, P.A., Zoll Kranz & Borgess LLC, Zwerling Schachter & Zwerling, and Wolf
Haldenstein.

953537.2

2

6.

Settlement Class Counsel shall allocate the awarded attorneys’ fees and expenses

among IPP Counsel in a manner in which, in their judgment, reflects the contributions of such
counsel to the prosecution and settlement of the Action.
7.

The Court also finds that IPP Counsel have incurred $2,298,015.93 million in

litigation costs. All of these costs were reasonably incurred in the ordinary course of prosecuting
this case and necessary given the complex nature and scope of the case. The Court finds that IPP
Counsel are entitled to be reimbursed for these costs. I incorporate by reference the findings
regarding these litigation costs that I made at the June 4, 2021 fairness hearing.
8.

The Court further approves IPPs’ request for payment of $451,286.43 and any

additional amounts actually incurred up to a combined total amount of $911,286.43, in
settlement notice and administration costs payable to JND Legal Administration. If the
settlement notice and administration costs payable to JND Legal Administration are to exceed
$911,286.43, IPPs shall promptly seek Court authorization and approval of any such additional
amount.

I incorporate by reference the findings regarding costs incurred by JND Legal

Administration that I made at the June 4, 2021 fairness hearing.
9.

The Court further approves an incentive award of $3,000 for each of the eleven

Class Representative Plaintiffs who had their depositions taken, and $1,500 for the remaining
twenty Class Representative Plaintiffs3 (a total of $63,000). This incentive award is justified by:
(1) the risks Class Representative Plaintiffs faced in bringing this lawsuit, financial and
otherwise; (2) the amount of time and effort spent on this case by Class Representative Plaintiffs;
and (3) the benefits Class Representative Plaintiffs helped obtain for the Class Members under

3

The 31 IPPs appointed as class representatives, (see Doc. 1216), are Wasif Bala, Yelda Mesbah
Bartlett, Lavinia Simona Biasell, Linda Bouchard, Bouchard & Sons Garage, Inc., Luke Cuddy,
Jonna Dugan, Erin Dunbar, Larry Gallant, Denise Gilmore, Patricia Hall, Jennifer Harrison,
Teena Marie Johnson, Lori Jo Kirkhart, Kori Lodi, Vivid Hair Studio LLC, Wauneta Dibbern,
John Lohin, Angus Macdonald, Edgar Medina, Jennifer Mileikowsky, Brier Miller Minor, David
W. Nation, Patricia J. Nelson, Julie Rainwater, Betty Ramey, Lauren Jill Schneider, Shirley
Anne Schroeder, Jason and Amy Stratman, and Toni Williams (collectively referred to as “Class
Representative Plaintiffs”)

953537.2

3

the Settlement Agreement. I incorporate by reference the findings regarding service fees that I
made at the June 4, 2021 fairness hearing.
10.

The attorneys’ fees, costs, and incentive awards set forth in this Order shall be

paid and distributed in accordance with the terms of the Settlement Agreement.

SO ORDERED.
Dated: June 7, 2021
New York, New York
______________________
Vernon S. Broderick
United States District Judge

953537.2

4