O'Neal v. Emery Federal Credit Union et al

Filing 111

ORDER granting 109 Motion for Attorney Fees costs and class representative award; denying as moot 110 Motion for Attorney Fees. Signed by Judge Susan J. Dlott. (wam)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
~tal.,

LINDA O'NEAL,

Case No. 1:13CV22
Plaintiffs,
Chief Judge Susan J. Dlott
v.
EMERY FEDERA~ CREDIT UNION,
et al.,

Defendants~

ORDER APPROVING PLAINTIFFS'
UNOPPOSED MOTION FOR
ATTORNEYS' FEES, COSTS, AND
CLASS REPRESENTATIVE AWARD

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This matterlis before the Court on Plaintiffs' Unopposed Motion and Memorandum of
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Law for Approval ~f Attorneys' Fees, Costs, and Class Representative Award (Doc. 109) and
Plaintiffs' Second 4emorandum of Law for Approval of Attorneys' Fees, Costs, and Class
Representative Aw~d (Doc. 11 0).
This case isla collective action under§ 216(b) of the Fair Labor Standards Act, 29 U.S.C.

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§ 201, et seq. The ~arties negotiated a resolution to this matter through a Stipulation of
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Settlement Agre~nt and Release, filed for Court approval. Pursuant to the terms of the
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Settlement Agre~ent, Defendants agree to pay a total of $952,000.
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Plaintiffs' ejaunsel seeks this Court's approval of an award of attorneys' fees in the
amount of$285,oop of the Settlement Fund, out-of-pocket litigation expenses in the amount of
$12,874, and an enhancement payment to named Plaintiff, Linda O'Neal, in the amount of
$10,000.
Following tlaintiffs' filing oftheir Unopposed Motion and Memorandum of Law for
Approval of Attorqeys' Fees, Costs, and Class Representative Award, this Court held a
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telephonic status c~nference with the parties regarding the Motion. Thereafter, Plaintiffs'
counsel submitted ~heir time records for work performed in this case and submitted a Second

Memorandum ofL~w for Approval of Attorneys' Fees, Costs, and Class Representative Award
(Doc. 11 0) 1• Havi*g reviewed the parties' pleadings and counsel's time records, and being
sufficiently advise4, the Court hereby orders as follows:
(1) Plaintiffs' Unopposed Motion for Attorneys' Fees, Costs, and Service Payments

(Doc. 109) is GRANTED, and Plaintiffs' Second Memorandum of Law for Approval
of Attm!neys' Fees, Costs, and Class Representative Award is DENIED AS MOOT
(Doc. 1JO);
(2) The Coitrt finds Plaintiffs' requested amounts for attorneys' fees and costs are
reasonable. Plaintiffs' counsel are awarded attorneys' fees in the amount of$285,000
and costs in the amount of$12,874;
(3) Pursuarlt to the Settlement Agreement, the Court approves a representative award in
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the amdunt of$10,000 to named Plaintiff, Linda O'Neal.
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IT IS SO OlmERED.

Chief Judge Susan
United States District

1

Although it appears qounsel intended this to be filed as a supplemental memorandum, it was filed as a motion.

.

2