Ciuffitelli et al v. Deloitte & Touche LLP et al

Filing 621

ORDER: the Court ADOPTS Magistrate Judge Acosta's Findings and Recommendations 619 , and therefore, 1. The Class is certified as a class action for purposes of these Settlements. The Class Representatives are appointed as class repr esentatives for the Class. Hagens Berman Sobol Shapiro LLP and Stoll Stoll Berne Lokting & Shlachter P.C. are appointed as Lead Class Counsel and Banks Law Office, P.C. should be appointed as additional Class Counsel; 2. Plaintiffs' Motion for Final Approval of Class Action Settlement 592 is granted; 3. The terms of the stipulated settlement agreements for each of: a) the Tonkon Settlement [334-1; 590-1]; b) the Integrity Settlement [538-1]; and c) the Global Settlement [574-1] are i ncorporated into the final orders and are approved. Tonkon's and Integrity's Motions for Joinder in Class Representatives' Request for Entry of a Limited Judgment of Dismissal [595, 601] are granted; 4. The Plan of Allocation is appro ved; 5. Final Judgments as submitted to the Court and substantially as contemplated in each of the stipulations of settlement for each of: a) the Tonkon Settlement; b) the Integrity Settlement; and c) the Global Settlement, will be entered; 6. The parties to the proceedings, the parties to the Settlements and the Claims Administrator will perform their respective obligations under the Settlements and final Order; 7. Class Counsel's Motion for Award of Attorneys' Fees and Costs [596 , 610], are granted; 8. Class Counsel is awarded a total attorneys' fees of $57,922,600 out of the common fund. The Claims Administrator is ordered to pay the awarded attorneys' fees from the common fund as provided in the stipulatio ns of settlement; 9. Class Counsel is awarded costs of $208,884.66. The Claims Administrator is ordered to pay the awarded costs to Class Counsel from the common fund as provided in the stipulations of settlement; 10. Each of the individual Cl ass Representatives (Lawrence Ciuffitelli, Greg Julien, Angela Julien, James MacDonald, Susan MacDonald, William Ramstein, Greg Warrick, and Susan Warrick), are awarded an incentive award of $10,000 from the common fund (a total of $80,000 ), for their service in prosecuting this Action. The Claims Administrator is ordered to pay these incentive awards to the Class Representatives from the common fund following the Effective Date of the Settlements; 11. The Court finds that during the course of this Action, all parties and their respective counsel at all times complied with the requirements of Federal Rule of Civil Procedure 11; 12. The Court reserves continuing and exclusive jurisdiction over the Settlements, including all future proceedings, if any, concerning the administration, consummation, and enforcement of the settlement agreements. IT IS SO ORDERED. DATED this 16th day of December, 2019, by United States District Judge Marco A. Hernandez. (pjg)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
LAWRENCE P. CIUFFITELLI, for himself
and as a Trustee of CIUFFITELLI
REVOCABLE TRUST, et al.,

No. 3:16-cv-00580-AC

Plaintiffs
v.
DELOITTE & TOUCHE LLP, et al.

ORDER

Defendants
HERNANDEZ, District Judge:
Magistrate Judge Acosta issued a Findings & Recommendations (#619) in which he
recommends that the Court grant Plaintiffs' Motion for Final Approval of Class Action
Settlement as well certify the class, appoint class representatives, appoint class counsel, approve
the plan of allocation, enter final judgment, grant class counsel's motion for award of attorney's
fees and costs, award class representative incentive awards, and reserve continuing jurisdiction
over the settlements. The matter is now before me pursuant to 28 U.S.C. § 636(b)(1)(B) and
Federal Rule of Civil Procedure 72(b).
Because no objections to the Magistrate Judge's Findings and Recommendation were

1 - ORDER

timely filed, I am relieved of my obligation to review the record de novo. United States v. ReynaTapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc); see also United States v. Bernhardt, 840
F.2d 1441, 1444 (9th Cir. 1988) (de novo review required only for portions of Magistrate Judge's
report to which objections have been made). Having reviewed the legal principles de novo, I find
no error.
CONCLUSION
The Court ADOPTS Magistrate Judge Acosta's Findings & Recommendation [619], and
therefore,
1. The Class is certified as a class action for purposes of these Settlements. The Class
Representatives are appointed as class representatives for the Class. Hagens Berman Sobol
Shapiro LLP and Stoll Stoll Berne Lokting & Shlachter P.C. are appointed as Lead Class
Counsel and Banks Law Office, P.C. should be appointed as additional Class Counsel;
2. Plaintiffs' Motion for Final Approval of Class Action Settlement [592] is granted;
3. The terms of the stipulated settlement agreements for each of: a) the Tonkon
Settlement [334-1; 590-1]; b) the Integrity Settlement [538-1]; and c) the Global Settlement
[574-1] are incorporated into the final orders and are approved. Tonkon's and Integrity's Motions
for Joinder in Class Representatives' Request for Entry of a Limited Judgment of Dismissal [595,
601] are granted;
4. The Plan of Allocation is approved;
5. Final Judgments as submitted to the Court and substantially as contemplated in each of
the stipulations of settlement for each of: a) the Tonkon Settlement; b) the Integrity Settlement;
and c) the Global Settlement, will be entered;
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6. The parties to the proceedings, the parties to the Settlements and the Claims
Administrator will perform their respective obligations under the Settlements and final Order;
7. Class Counsel's Motion for Award of Attorneys' Fees and Costs [596, 610], are
granted;
8. Class Counsel is awarded a total attorneys' fees of $57,922,600 out of the common
fund. The Claims Administrator is ordered to pay the awarded attorneys' fees from the common
fund as provided in the stipulations of settlement;
9. Class Counsel is awarded costs of $208,884.66. The Claims Administrator is ordered
to pay the awarded costs to Class Counsel from the common fund as provided in the stipulations
of settlement;
10. Each of the individual Class Representatives (Lawrence Ciuffitelli, Greg Julien,
Angela Julien, James MacDonald, Susan MacDonald, William Ramstein, Greg Warrick, and
Susan Warrick), are awarded an incentive award of $10,000 from the common fund (a total of
$80,000), for their service in prosecuting this Action. The Claims Administrator is ordered to
pay these incentive awards to the Class Representatives from the common fund following the
Effective Date of the Settlements;
11. The Court finds that during the course of this Action, all parties and their respective
counsel at all times complied with the requirements of Federal Rule of Civil Procedure 11;
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12. The Court reserves continuing and exclusive jurisdiction over the Settlements,
including all future proceedings, if any, concerning the administration, consummation, and
enforcement of the settlement agreements.
IT IS SO ORDERED.
DATED this

16

day of

December , 2019.

MARCO A. HERNANDEZ
United States District Judge

4 - ORDER