United States District Court, N.D. California
August 26, 2005.
In re INTERMUNE, INC. SECURITIES LITIGATION. This Document Relates To: ALL ACTIONS.
The opinion of the court was delivered by: SUSAN ILLSTON, District Judge
[PROPOSED] ORDER AWARDING ATTORNEYS' FEES AND REIMBURSEMENT OF
THIS MATTER having come before the Court on August 26, 2005, on
the application of Lead Plaintiff's counsel for an award of
attorneys' fees, reimbursement of expenses incurred by Lead
Plaintiff's counsel in the litigation, and reimbursement of costs
and expenses incurred by Lead Plaintiff, Lance A. Johnson,
directly related to this litigation; the Court having considered
all papers filed and proceedings conducted herein, having found
the settlement of this litigation to be fair, reasonable and
adequate and otherwise being fully informed in the premises and
good cause appearing therefore;
IT IS HEREBY ORDERED, ADJUDGED AND DECREED that:
1. All of the capitalized terms used herein shall have the same
meanings as set forth in the Stipulation of Settlement dated as
of May 6, 2005 (the "Stipulation").
2. This Court has jurisdiction over the subject matter of this
application and all matters relating thereto, including all
Members of the Settlement Class who have not timely and validly
3. The Court hereby awards Lead Plaintiff's counsel attorneys'
fees of 25 percent of the Settlement Fund and reimbursement of
expenses in an aggregate amount of $136,518.21. Said fees and
expenses shall be allocated among Lead Plaintiff's counsel in a
manner which, in Lead Counsel's good faith judgment, reflects
each such counsel's contribution to the institution, prosecution
and resolution of the litigation. The Court finds that the amount
of fees awarded is fair and reasonable under the
"percentage-of-recovery" method, and would also be fair and
reasonable under the lodestar method.
4. The Court hereby awards Lead Plaintiff, Lance A. Johnson,
costs and expenses of $3,918.00. The Court finds that payment of
these costs and expenses to Lead Plaintiff is reasonable and
5. The awarded attorneys' fees and expenses shall be paid to
Lead Counsel from the Settlement Fund immediately after the date
this Order is executed subject to the terms, conditions and
obligations of the Stipulation. 6. The award of costs and expenses to Lead Plaintiff, Lance A.
Johnson, shall be paid to Lance A. Johnson from the Settlement
Fund immediately after the date this Order is executed subject to
the terms, conditions and obligations of the Stipulation.
IT IS SO ORDERED.
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