Free Proposed Order - District Court of California - California

Case 4:07-cv—02828-CW Document 54 Filed 08/14/2008 Page 1 of 4
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8 UNITED STATES DISTRICT COURT
9 NORTHERN DISTRICT OF CALIFORNIA
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LINDA YOUNG, and MIKE SAFAIE, Case N0. C 07:2828 CW
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12 of all others similarly situated, [PROPOSED] ORDER GRANTING
ATTORNEYS’ FEES, LITIGATION
13 Plaintiff, COSTS, ENHANCEMENTS TO THE
NAMED PLAINTIFFS, AND COSTS OF
14 v. ADMINISTRATION
15 CHARLES SCHWAB & CO., INC.
16 Honorable Claudia Wilken ‘
Defendant.
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20 The total settlement in this case is $2,125,000 (TWO MILLION ONE HUNDRED
2,] TWENTY FIVE THOUSAND). The Court has reviewed the application of Class Counsel for
22 fees and litigation costs and finds that a fee of $537,500 is reasonable. This constitutes 25% of
23 the overall settlement. It is apparent that the settlement achieved has been well received by the
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class as evidenced by the high claims rate and the lack of objections. The rate of exclusions is
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also low. Class Counsel brought to this case considerable litigation experience in complex and
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27 class action cases involving sophisticated wage and hour issues.
[PROPOSED] ORDER GRANTING ATTORNEYS’ FEES, LITIGATION COSTS,
ENHANCEMENTS TO THE NAMED PLAINTIFFS, AND COSTS OF ADMINISTRATION
Case N0. C 07:2828 CW V

Case 4:07-cv—02828-CW Document 54 Filed 08/14/2008 Page 2 of 4
1 The Court specifically finds that this fee award is appropriate with reference to the
2 factors discussed in Vizcaino v. Microsoft, Inc. 290 F.3d 1043, 1048-50 (9th Cir. 2002). The
3 settlement has resulted in a substantial monetary award to the class, one that appears in terms of
; settlement pay per week worked to be equal or greater than the results achieved in other
6 stockbroker overtime actions. This area of wage and hour law is complex and there is a dearth
7 of precedent or appellate guidance. There was an according risk in pursuing this litigation.
8 Class Counsel, though experienced and skilled in this area, undertook this action with no
9 certainty of recovery and bore the inherent financial risk. Finally, Class Counsel have submitted
10 information regarding the fee awards made in this type of case and those awards are similar to
i; this Court’s award here. It is therefore ordered that Rust Consulting, Inc. pay the total sum of
13 $537,500 to the law firms of Mclnerney & Jones and Dostart Clapp Gordon & Coveney LLP
14 within twenty (20) calendar days following the Settlement Effective Date as provided in the
15 Joint Stipulation of Settlement and Release (Doc. 33, Paragraph 31(c)).
16 The Court also finds that the litigation costs in the amount of $18,544.38 appear to be
17 reasonable and Class Counsel has represented that all these costs were necessarily incurred in
18 furtherance of the resolution of this case. It is therefore ordered that Rust Consulting, Inc. pay
Ai; the total sum of $18,544.38 to the law firms of Mclnerney & Jones and Dostart Clapp Gordon &
21 Coveney LLP within twenty (20) calendar days following the Settlement Effective Date as
22 provided in the Joint Stipulation of Settlement and Release (Doc. 33, Paragraph`31(c)).
23 The Court further finds that an award of $15,000 each as an additional enhancement payment to
24 Linda Young, Mike Safaie, and Janice Kevari is appropriate. Class Counsel have represented
25 that each subordinated his or her own potential litigation and gain in favor of serving as
26 fiduciaries for a large class. They apparently assisted Class Counsel providing information
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[PROPOSED] ORDER GRANTING ATTORNEYS’ FEES, LITIGATION COSTS,
ENHANCEMENTS TO THE NAMED PLAINTIFFS, AND COSTS OF ADMINISTRATION
Case N0. C 07:2828 CW

Case 4:07-cv—02828-CW Document 54 Filed 08/14/2008 Page 3 of 4
1 about their respective workplaces and also accepted the risks of the assessment of litigation costs
2 if their suit proved unsuccessful. It is therefore ordered that Rust Consulting, Inc. pay the total
3 sum of $15,000 each to class representatives Linda Young, Mike Safaie, and Janice Kevari
4 within twenty (20) calendar days following the Settlement Effective Date as provided in the
5 Joint Stipulation of Settlement and Release (Doc. 33, Paragraph 31(c)).
6 Finally, the Court has reviewed the Declaration of Caryn Donly which sets forth the
; work performed and expenses incurred by the claims administrator, Rust Consulting, Inc. These
9 appear to be reasonable and are, in fact, slightly below the estimated administrative charges of
10 $50,000. It is therefore ordered that Rust Consulting, Inc. be paid the total sum of $49,802.
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13 Dated:
14 Honorable Claudia Wilken
United States District Court
15 Northern District of California
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[PROPOSED] ORDER GRANTING ATTORNEYS’ FEES, LITIGATION COSTS,
ENHANCEMENTS TO THE NAMED PLAINTH-TPS, AND COSTS OF ADMINISTRATION
Case No. C 07:2828 CW

Case 4:07-cv—02828-CW Document 54 Filed 08/14/2008 Page 4 of 4
1 PROOF OF SERVICE
Linda Young and Mike Safaie, et al. v. Charles Schwab & C0., Inc »
2 United States District Court, Northern District of California
Case No. C-07:2828 CW
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‘ I, the undersigned, declare as follows:
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I am employed in the County of Washoe, State of Nevada. ·
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I am over the age of eighteen (18) years and not a party to the within action; my business address
6 is 18124 Wedge Parkway, #503, Reno Nevada, 89511.
7 On August 14, 2008, I served the foregoing document(s) described as:
8 [PROPOSED] ORDER GRANTIN G ATTORNEYS’ FEES, LITIGATION COSTS,
ENHANCEIVIENTS TO THE NAMED PLAJNTIFFS, AND COSTS OF ADMINISTRATION
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on all interested parties in this action addressed to the addressee as follows:
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Diana Tabacopolous
11 SEYFARTH SHAW LLP
One Century Plaza, Suite 3300
12 2029 Century Park East
Los Angeles, CA 90067-3063
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14 XX__ By Cl\/UECF. I electronically transmitted the attached document to the Clerk’s Office using
the CM/ECF system for filing and transmittal of a Notice of Electronic Filing to the above
15 CM/ECF registrant(s).
16 I declare under penalty of perjury under the laws of the State of California that the above
is true and correct.
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Executed on August 14, 2008, at Reno, Nevada. _
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19 /s/ Jennifer Smith
Jennifer Smith
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PROOF OF SERVICE

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