Opinion
Case No. C-06-07339 CW.
April 23, 2010
Daniel Feinberg — CA Bar No. 135983, Todd F. Jackson — CA Bar No. 202598, Margaret E. Hasselman — CA Bar No. 228529, Nina Wasow — CA Bar No. 202047, Kirsten G. Scott — CA Bar No. 253464, LEWIS, FEINBERG, LEE, RENAKER JACKSON, P.C., Oakland, California, Attorneys for Plaintiffs and the Class.
ORDER GRANTING PLAINTIFFS' MOTION FOR AWARD OF ATTORNEYS' FEES AND COSTS AND APPROVAL OF SERVICE PAYMENTS
This matter comes before the Court on the Class Plaintiffs' Motion for Award of Attorney's Fees and Costs and Approval of Service Payments. The proposed settlement in this case was preliminarily approved by this Court on January 22, 2010 ("Preliminary Approval Order") [Docket No. 390]. Pursuant to the Court's Preliminary Approval Order and the Notice provided to the Class, the Court conducted a fairness hearing under Fed.R.Civ.P. 23(e) on April 22, 2010. The Court has reviewed the materials submitted by the parties, and has heard arguments presented at such hearing. For the reasons cited on the record as well as those stated hereafter, the Court finds and orders as follows:
1. The Court approves the payment of $5,000 each to Class Representatives Thomas Fernandez, Lora Smith, and Tosha Thomas. These payments are for their service on behalf of the Class, which required substantial time and effort, as detailed in the papers submitted by Class Counsel. These payments are in addition to any amounts due to them under the terms of the Plan of Distribution. The Court orders that these payments be made to Class Representatives by NSTC in accordance with the terms of the Settlement Agreement.
2. The Court finds that notice of the requested award of attorneys' fees and reimbursement of costs and expenses was directed to Class Members in a reasonable manner, and complied with Rule 23(h)(1) of the Federal Rules of Civil Procedure. Class Members and any party from whom payment is sought have been given the opportunity to object pursuant to Rule 23(h)(2) of the Federal Rules of Civil Procedure, and no class member has objected to the requested fees or expenses.
3. The Court finds that the attorneys' fees request is reasonable, and the costs and expenses incurred by Class Counsel, including costs of settlement administration, are reasonable. Thus, Class Counsel are awarded attorneys' fees and costs and expenses in the amount of 25 percent of the common fund, $3,750,000, and up to $200,000 in costs and expenses incurred.