Filed: Oct. 30, 2017
Latest Update: Oct. 30, 2017
Summary: STIPULATION AND ORDER TO AMEND ORDER REGARDING PLAINTIFFS' MOTION FOR ATTORNEYS' FEES AND LITIGATION COSTS ROBERT S. LASNIK , District Judge . On October 26, 2017, this Court entered an Order Regarding Plaintiffs' Motion For Attorneys' Fees And Litigation Costs (dkt. no. 209). In the Order, the Court approved a lodestar for class counsel of $934,408.17, the figure requested in class counsel's opening brief. Order at 3:3. Class Counsel adjusted the requested lodestar in their reply brief to
Summary: STIPULATION AND ORDER TO AMEND ORDER REGARDING PLAINTIFFS' MOTION FOR ATTORNEYS' FEES AND LITIGATION COSTS ROBERT S. LASNIK , District Judge . On October 26, 2017, this Court entered an Order Regarding Plaintiffs' Motion For Attorneys' Fees And Litigation Costs (dkt. no. 209). In the Order, the Court approved a lodestar for class counsel of $934,408.17, the figure requested in class counsel's opening brief. Order at 3:3. Class Counsel adjusted the requested lodestar in their reply brief to $..
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STIPULATION AND ORDER TO AMEND ORDER REGARDING PLAINTIFFS' MOTION FOR ATTORNEYS' FEES AND LITIGATION COSTS
ROBERT S. LASNIK, District Judge.
On October 26, 2017, this Court entered an Order Regarding Plaintiffs' Motion For Attorneys' Fees And Litigation Costs (dkt. no. 209). In the Order, the Court approved a lodestar for class counsel of $934,408.17, the figure requested in class counsel's opening brief. Order at 3:3. Class Counsel adjusted the requested lodestar in their reply brief to $932,995.97. See Reply In Support Of Plaintiffs' Motion For Award Of Attorneys' Fees And Reimbursements Of Litigation Costs (dkt. No. 202) at 4:4 ("The revised lodestar is $932,995.97."). Under the revised lodestar, application of a 1.25 multiplier results in a total fees award of $1,166,244.96.
The Order also directs defendant to pay the attorneys' fees and costs within ten days of the Order. Order at 4:5-6. However, the parties had agreed as part of the Class Action Settlement Agreement that defendant shall pay all attorneys' fees and litigation costs awarded by the Court "[w]ithin ten days of the Effective Date" of the Class Action Settlement Agreement. See Declaration of Toby J. Marshall In Support Of Plaintiffs' Motion For Preliminary Approval Of Class Action Settlement (dkt. No. 188) at p. 13 (Section II.F. of the Class Action Settlement Agreement).
The parties thus agree and stipulate as follows:
I. STIPULATION
The parties agree it is appropriate for the Court to amend the Order and respectfully request that the Order be amended to:
(i) Correct the requested and approved lodestar to $932,995.97;
(ii) Correct the attorneys' fees award to $1,166,244.96; and
(iii) Require Defendant to pay all attorneys' fees and litigation costs awarded by the Court within ten days of the Effective Date of the Class Action Settlement Agreement.
IT IS SO STIPULATED.
II. ORDER
IT IS HEREBY ORDERED that the Order Regarding Plaintiffs' Motion For Attorneys' Fees And Litigation Costs (dkt. no. 209) shall be amended. Class Counsel's requested and approved lodestar is corrected to $932,995.97. The total award of attorneys' fees to Class Counsel is corrected to $1,166,244.96. The award of litigation costs shall remain the same, at $64,308.05. Defendant shall pay all attorneys' fees and litigation costs awarded by the Court within ten days of the Effective Date of the Class Action Settlement Agreement.
IT IS SO ORDERED.
