MEHIGAN et al v. ASCENA RETAIL GROUP, INC. et al

Filing 185

ORDER THAT UPON CONSIDERATION OF PLAINTIFFS' MOTION FOR AN AWARD OF ATTORNEYS' FEES, EXPENSES AND INCENTIVE AWARDS 99 AND SUPPLEMENTAL MEMORANDA 166 167 , FOLLOWING EVALUATION OF EVIDENCE, AFFIDAVITS AND ORAL ARGUMENT AT OUR FINAL FAIRN ESS HEARING AFTER NO INTERESTED PARTY OR CLASS MEMBER SOUGHT TO ADDUCE TESTIMONY AND FOR REASONS IN THE ACCOMPANYING OPINION, IT IS ORDERED PLAINTIFFS' MOTION 99 IS GRANTED IN PART AND DENIED IN PART AS OUTLINED HEREIN. SIGNED BY HONORABLE MARK A. KEARNEY ON 7/29/16. 7/29/16 ENTERED AND COPIES MAILED TO UNREPS, MAILED AND E-MAILED.(gs)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA

CAROL ROUGVIE, et al.

CIVIL ACTION

vs.
NO. 15-724
ASCENA RETAIL GROUP, INC., et al.
ORDER
AND NOW, this 29th day of July 2016, upon consideration of Plaintiffs' Motion for an
award of attorneys' fees, expenses and incentive awards (ECF Doc. No. 99) and supplemental
memoranda (ECF Doc. Nos. 166, 167), following evaluation of evidence, affidavits and oral
argument at our noticed Final Fairness Hearing after no interested party or Class Member sought
to adduce testimony and for reasons in the accompanying Opinion, it is ORDERED Plaintiffs'
Motion (ECF Doc. No. 99) is GRANTED in part and DENIED in part:
1.

On or before August 12, 2016, Class Counsel shall file an affidavit identifying

the customary hourly rates and hours billed by each professional to confirm its calculations of its
May 31, 2016 proffered blended hourly rate per law firm along with a comparator affidavit as to
the reasonableness of the proposed hourly rates in this District for class actions;
2.

On or before August 26, 2016, any Objector who already timely challenged Class

Counsel's attorneys' fees may supplement their filed Objection to challenge Class Counsel's
affidavit of customary hourly rates and hours billed and show cause why we should not award
the dollar amount of the lodestar incorporated as part of our awarded fees in paragraph 3 below;
3.

Subject to our review of Class Counsel's affidavit and any timely objection

resulting in us correcting an error in Class Counsel's hourly rates used to calculate the lodestar
plus 1.75 multiplier awarded today, Class Counsel is awarded $5,311,470.24 in attorneys' fees

("Award") to be paid from the $50.8 Million Cash Settlement Fund with fifty percent (50%) of
the Award paid contemporaneously with issuing cash payments and vouchers to Class Members
and no later than twenty (20) days after the Effective Date; and twenty-five percent (25%) of the
Award paid ninety (90) days after the Effective Date; twenty-five percent (25%) of the Award
paid upon the earlier of one hundred eighty (180) days after the Effective Date or an Order
providing early distribution based upon Class Counsel's certification describing complete efforts
to distribute the cash and vouchers to the Settlement Class;
4.

Plaintiffs Fonda Kubiak, Kara Bell and Tiffany Bolton are each awarded a $2,000

incentive award; Plaintiffs Carol Rougvie and Melinda Mehigan are each awarded a $2,500
incentive award; and, Plaintiff Carol Cowhey is awarded a $3,000 incentive award;
5.

Within forty-five (45) days after the last expiration date for a voucher distributed

under the approved settlement:
a.

Class Counsel are granted leave to move for distribution of additional

proceeds from the $50.8 Million Cash Settlement Fund with supporting affidavits, including: a)
reimbursement of reasonable expenses; and b) attorneys' fees based on a percentage of recovery
method or additional lodestar;
b.

Defendants are granted leave to move for distribution of proceeds from the

$50.8 Million Cash Settlement Fund, with supporting affidavits describing the face value of
vouchers actually redeemed, up to a cap of $8 million;
c.

Parties shall jointly move for approval of a distribution plan for the

remainder in the Cash Settlement Fund including the balance distributed to the Class Members
and possibly appropriate cy pres recipients if compensation to Class Members is impracticable;

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d.

Any Objector having already timely filed an objection may supplement

any objection by responding to the parties' motions under paragraph 5 within fourteen (14) days
of filing;
6.

Class Counsel and Defendants' counsel shall file joint status updates on the

progress of the distribution under the Settlement Agreement, redeemed vouchers and any
ongoing administrative expenses on January 15, 2017 and every ninety (90) days thereafter until
filing motions for final distribution.

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