Weathers et al v. Sprint Communications Company Limited Partnership et al

Filing 52

ORDER granting 51 Motion for Disbursement of Funds. Upon review of the Agreement to Arbitrate, the Arbitration Award and the Order of January 23, 2013, the Court GRANTS said Motion and ORDERS the Garretson Firm Resolution Group, Inc., to disburse 4.446 percent (4.446%) of the Oklahoma fee-and-expense award from the Oklahoma Fiber Optic Counsel Qualified Settlement Fund to The Susman Group. Signed by Honorable Lee R. West on 3/8/13. (kw, )

IN THE UNITED STATES DISTRICT COURT FOR

THE WESTERN DISTRICT OF OKLAHOMA
CONNIE L. WEATHERS, RALPH
COMPTON, and JAN L. HUNTER-HARDEN,
on behalf of themselves and all others
similarly situated,

)
)
)
)
)
)
Plaintiffs,
)
)
vs.
)
SPRINT COMMUNICATIONS COMPANY L.P.,)

QWEST COMMUNICATIONS COMPANY,
)

LLC, and LEVEL 3 COMMUNICATIONS, LLC, )

)

)

Defendants.

FILED
MAR

8 2013

ROBERT D. DENNIS, CLERK

U~lIST. C~~11 WES!:!.:~,g~~u~LA.
No. CIV-11-1475-W

ORDER AUTHORIZING DISBURSEMENT
OF FEE-AND-EXPENSE AWARD FROM ESCROW
On November 28, 2012, the Court awarded attorneys' fees and expenses to
Settlement Class Counsel in its Findings of Fact and Conclusions of Law on Plaintiffs'
Motion for Award of Attorneys' Fees and Expenses to Settlement Class Counsel [Doc. 46].
Pursuant to that award and undertheterms of the Oklahoma Class Settlement Agreement,
the Settling Defendants deposited the fee-and-expense award in an escrow account
established with U.S. Bank in New York, New York.
The allocation of the fee-and-expense award among all interested counsel and their
agreed percentages were memorialized in an Agreement to Arbitrate the Allocation of
Attorneys' Fees and Costs Awarded in the Fiber-Optic-Cable Right-of-Way Litigation
("Agreement to Arbitrate"), see Doc. 49-1, dated July 6, 2012, and the Fiber Optic Cable
Fee Allocation Arbitration Award ("Arbitration Award") issued on July 19, 2012. See Doc.
49-2.

On January 23,2013, the Court ordered "that The Susman Group 1 may file a motion
requesting disbursement of its 4.446-percent share of the [fee-and-expense] award, but
until such time as that motion is filed and granted The Susman Group's share shall remain
in escrow." Doc. 50 at 3.
The matter now comes before the Court on the Motion Pursuant to Order of Court
Dated January 23,2013 [Doc. 51] filed by The Susman Group on March 8, 2013. Upon
review of the Agreement to Arbitrate, the Arbitration Award and the Order of January 23,
2013, the Court GRANTS said Motion and ORDERS the Garretson Firm Resolution Group,
Inc., to disburse 4.446 percent (4.446%) of the Oklahoma fee-and-expense award from the
Oklahoma Fiber Optic Counsel Qualified Settlement Fund to The Susman Group.
ENTERED this

~

day of March, 2013.

1"The Susman Group," as defined in the Agreement to Arbitrate, see Doc. 49-1 at 4, means Arthur
Susman, Esq., Susman Heffner & Hurst, LLP, Charles Watkins, Esq., John Wylie, Esq., Donaldson
& Guin LLC, the attorneys and law firms listed under "The Susman Group" in Schedule A of the
Agreement to Arbitrate, see id. at 22, and any other counsel who requests an award of the Gross
Fees based on representation of a client who is also represented by The Susman Group and which
counsel is not a member of The 48-Firm Group, a member of The Litman Group, William T.
Gotfryd, or a representative of the Estate of Hugh V. Smith, Jr.
2