Rodriguez v. West Publishing Corporation

Full title: RYAN RODRIGUEZ, REENA B. FRAILICH, LOREDANA NESCI, JENNIFER BRAZEAL and…

Court: United States District Court, Ninth Circuit, California, C.D. California

Date published: Aug 27, 2015

CV 05-3222 R(MCx) (C.D. Cal. Aug. 27, 2015)

Opinion

RYAN RODRIGUEZ, REENA B. FRAILICH, LOREDANA NESCI, JENNIFER BRAZEAL and LISA GINTZ, on behalf of themselves and all others similarly situated, Plaintiffs, v. WEST PUBLISHING CORPORATION, a Minnesota Corporation dba BAR/BRI and KAPLAN, Inc., a Delaware Corporation, Defendants. AND CONSOLIDATED ACTION No. CV 05-3222 R(MCx) United States District Court, C.D. California. August 27, 2015

          ORDER DIRECTING PAYMENT OF ATTORNEYS' FEES TO COUNSEL FOR SCHNEIDER OBJECTORS

          MANUEL L. REAL, District Judge.

         WHEREAS, on January 22, 2013, this Court issued an order granting Counsel for the Schneider Objectors attorneys' fees in the amount of $236, 637.00 (the "Fee Award");

         WHEREAS, on February 4, 2013, Counsel for the Schneider Objectors appealed the Fee Award to the United States Court of Appeals for the Ninth Circuit (the "Ninth Circuit");

         WHEREAS, on June 19, 2013, this Court granted Schneider Counsel's motion for an order directing Plaintiffs' Counsel to direct the Escrow Agent, or other appropriate entity, to make payment from the Gross Settlement Fund to Counsel for the Schneider Objectors in the amount of $236, 637.00 in attorneys' fees and $1, 726.06 in costs;

         WHEREAS, on March 12, 2015, the Ninth Circuit reversed the Fee Award and remanded with instructions for this Court to award $315, 516.37 in fees to Counsel for the Schneider Objectors;

         WHEREAS, on March 26, 2015, Counsel for the Schneider Objectors filed a Petition for Panel Rehearing or Rehearing En Banc ("Rehearing Petition") with the Ninth Circuit with respect to the Ninth Circuit's March 12, 2015 decision;

         WHEREAS, on April 22, 2015, the Ninth Circuit denied the Rehearing Petition;

         WHEREAS, on May 1, 2015, the Mandate issued, returning the matter to this Court;

         WHEREAS, on June 22, 2015, this Court held a hearing on the Mandate and awarded attorneys' fees in the amount of $315, 516.37 to Counsel for the Schneider Objectors;

         WHEREAS, Counsel for the Schneider Objectors have already received payment of $236, 637.00 in attorneys' fees and $1, 726.06 in costs;

         NOW, THEREFORE, upon consideration of all prior proceedings herein and after due deliberation, the Court finds and ORDERS as follows:

1. Counsel for the Schneider Objectors are hereby awarded $78, 879.37 in attorneys' fees-representing the remaining balance due on the award of $315, 516.37.

2. Plaintiffs' Counsel are ordered to direct the Escrow Agent, or other appropriate entity, to make payment from the Settlement Fund to Kendrick & Nutley on behalf of Counsel for the Schneider Objectors in the amount of $78, 879.37 within 30 days of the entry of this order.

         IT IS SO ORDERED.