Opinion
No. CIV-F-04-5515 OW DLB.
October 25, 2005
Marni Willenson, pro hac vice, Willenson Law Group, LLC, Chicago, IL. Paul Strauss, #153937, Nancy Maldonado, pro hac vice, Miner, Barnhill Galland, Chicago, IL. Sarah Siskind, pro hac vice, Miner, Barnhill Galland, Madison, WI, Thomas Patrick Lynch, #159277, Marcos Camacho, a Law Corporation, Keene, CA, Attorneys for Plaintiffs and the Class.
PROPOSED APPROVAL ORDER AND JUDGMENT
This matter came before the Court for hearing pursuant to the Preliminary Approval Order of this Court, dated July __, 2005, on the application of plaintiffs for final approval of the Settlement set forth in the Stipulation and Agreement of Settlement (the "Settlement Agreement"). Due and adequate notice having been given to Settlement Class Members as required in said Preliminary Approval Order, and the Court having considered all papers filed and proceedings had herein, and otherwise being fully informed in the premises, and good cause appearing therefore, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that:
1. Pursuant to Federal Rule of Civil Procedure 23, and consistent with the Due Process Clause of the Fifth and Fourteenth Amendments to the United States Constitution, this Court hereby approves the Settlement and finds that the Settlement Consideration is fair and that the Settlement is, in all respects, fair, adequate and reasonable to the plaintiffs and the Settlement Class Members, previously defined as "all persons who worked at K5 Farms as agricultural field laborers and who were not paid for time worked at the beginning of the day." This Court hereby dismisses with prejudice and without costs (except as otherwise provided in the Settlement Agreement) the Action against the Defendants.
2. The Court finds that the notice provided to Settlement Class Members as set forth in the Preliminary Approval Order and Plaintiffs' Memorandum Concerning Adequacy of Mail Notice filed with the Court was the best notice practicable, under the circumstances, of these proceedings and the matters set forth therein, including of the proposed Settlement set forth in the Settlement Agreement, and said notice was given to all persons entitled to notice, and fully satisfied the requirements of Federal Rule of Civil Procedure 23 and Due Process, and that, pursuant to said notice, no objections were filed.
3. The Court approves an award of attorneys' fees and reimbursement of expenses to Class Counsel (Miner, Barnhill Galland, P.C., Willenson Law Group, LLC, and Marcos Camacho, a law corporation), jointly, in the total amount of $795,000. Having presided over this litigation, and considered the materials submitted by Plaintiffs' counsel in support of final approval of the Settlement and their request for attorneys' fees and expenses, finds the award of attorneys' fees appropriate based on several factors. First, the Court finds that the negotiated award is less than the actual lodestar fees and expenses, which lodestar and expenses (including the number of hours spent and the rates charged) were reasonably necessary for the prosecution of plaintiff's claims, by highly skilled lawyers working efficiently throughout the course of a vigorously contested lawsuit. Second, the fees were negotiated only after the substantial monetary relief and novel benefits to the class the Settlement provides had been fully resolved, and will be paid separate from those benefits, and on a delayed schedule. Third, the class notice specifically and clearly advised the class that counsel would seek $795,000 award, and no objections filed. Based on its consideration of the evidence on all these factors, the Court approves an award to Class Counsel (Miner, Barnhill Galland, P.C., Willenson Law Group, LLC, and Marcos Camacho, a law corporation), jointly, of $795,000 in attorneys' fees and reimbursement of litigation expenses.
4. Without affecting the finality of this Final Approval Order and Judgment in any way, this Court retains continuing jurisdiction to implement the Settlement and to construe, enforce and administer the Settlement Agreement and the Settlement. Class Counsel are to continue in their role to oversee all aspects of the Settlement.
IT IS SO ORDERED.