UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION
February 2, 2012
GABRIEL ORTIZ, ANDREW GONZALES, LANDON MICKEY MILLER, AND JOE HUYNH, PLAINTIFFS,
HOME DEPOT U.S.A., INC.,
The opinion of the court was delivered by: The Honorable Lucy H. Koh
[Proposed] ORDER GRANTING PLAINTIFFS' APPLICATION FOR AN AWARD OF ATTORNEYS' FEES AND COSTS
DATE: February 2, 2012 TIME: 1:30 p.m. LOCATION: Courtroom 8
The Court having considered Class Counsel's Motion for an Award of Attorneys' Fees and 2 Costs, and the supporting declarations, and being familiar with this action, HEREBY FINDS AS 3
1. Notice of the requested award of attorneys' fees and costs was directed to Class Members in a reasonable manner, and complied with Rule 23(h)(1) of the Federal Rules of Civil 6 Procedure; 7 8 opportunity to object in compliance with Fed. R. Civ. P. 23(h)(2); 9 negotiated after the class injunctive relief and monetary relief were negotiated; 15 Jinny Kim and Joshua Konecky and documented by the billing records attached to those 17 declarations, was reasonable; 18 FOLLOWS: 4
2. Class Members and any party from whom payment is sought have been given the
3. No Class Member has objected to the requested fees and expenses;
4. The attorneys' fees and costs in the Class Action Settlement Agreement were
5. The time spent by Class Counsel on this case, as described in the Declarations of
6. The rates claimed by the Legal Aid Society -- Employment Law Center and Schneider Wallace Cottrell Brayton Konecky LLP, as described in the Declarations of Jinny Kim 20 and Joshua Konecky, are consistent with the prevailing market rates in the Bay Area legal 21 community for attorneys and professional staff of comparable skill and experience doing 22 comparable work, and are reasonable; 23 24 socially beneficial, and will greatly benefit Class Members; 25 26 lodestar. Moreover, Class Counsel's lodestar will most likely be less than the fees requested 27 28 after they complete all their work in connection with this case over the 30-month settlement term;
7. The equitable relief in the Class Action Settlement Agreement is meaningful and
8. The attorneys' fees requested are commensurate with Class Counsel's current
9. The costs and expenses incurred by Class Counsel are documented and 2 reasonable; 3
10. The requested award of $500,000.00 for attorneys' fees and reimbursement of 4 costs and expenses is fair and reasonable. 5
Accordingly, IT IS HEREBY ORDERED as follows:
Class Counsel are hereby awarded attorneys' fees in the amount of $500,000.00 and costs 7 in the amount of $71,295.54 for work performed and costs and expenses incurred through the in the amount of $_________ for work performed and costs and expenses incurred prior to the hearing on final approval, plus any future costs incurred in connection with monitoring the 8 hearing on final approval.
Agreement up to a total maximum of $85,000.00 for costs.
The Hon. Lucy H. Koh United States District Judge
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