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IN RE INTERMUNE

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 EXPENSES
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 requested exclusion.

  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 appropriate.

  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.

20050826

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