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In re Syngenta Mass Tort Actions, 3:15-cv-01221-DRH. (2018)

Court: District Court, S.D. Illinois Number: infdco20180719b31 Visitors: 10
Filed: Jul. 18, 2018
Latest Update: Jul. 18, 2018
Summary: ORDER REGARDING ATTORNEY FEE SUBMISSONS DAVID R. HERNDON , District Judge . This Order is entered with regard to the Fee and Expense Application of Heninger Garrison Davis, LLC, and its Co-Counsel ("fee motion") (doc. 249). The fee motion arises from work on the group of lawsuits filed in multiple federal and state courts arising from Syngenta's development and sale of corn seeds containing genetically modified traits known as MIR 162 and Event 5307 before China's approval to import corn w
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ORDER REGARDING ATTORNEY FEE SUBMISSONS

This Order is entered with regard to the Fee and Expense Application of Heninger Garrison Davis, LLC, and its Co-Counsel ("fee motion") (doc. 249). The fee motion arises from work on the group of lawsuits filed in multiple federal and state courts arising from Syngenta's development and sale of corn seeds containing genetically modified traits known as MIR 162 and Event 5307 before China's approval to import corn with those traits. These include:

• The multidistrict litigation ("MDL") proceeding in the United States District Court for the District of Kansas, MDL No. 2591, before U.S. District Judge John W. Lungstrum and U.S. Magistrate Judge James P. O'Hara; Tweet et al v. Syngenta AG et al, No. 3:16-cv-00255, and Poletti et al v. Syngenta AG et al, No. 3:15-cv-01221, pending in the United States District Court for the Southern District of Illinois before U.S. District Judge David. R. Herndon; and • In re Syngenta Litigation, No. 27-cv-15-3785, pending in the Minnesota Fourth Judicial District Court before Judge Laurie Miller.

Pursuant to Judge Lungstrum's Order which preliminarily approved class settlement (see District Court for the District of Kansas case no. 2:14-MD-2591-JWL-JPO, doc. 3532), motions and petitions for awards of attorney fees and expenses and for service/case contribution/incentive awards were due by July 10, 2018, with any responses to these motions/petitions due by October 17, 2018. In accordance with this directive, the law firm of Heninger Garrison Davis, LLC and its co-counsel filed its motion for fees on July 10th (doc. 349).

The Judges on the Syngenta matters, Judge Lungstrum, Judge Herndon, and Judge Miller, have all agreed to the following deadlines for any fee motions filed in their respective courts to meet the objectives of consistency and expediency. The following deadlines contained in this Order preempt any default deadlines or any deadlines previously set. Accordingly, the Court orders as follows:

1. The October 17 deadline for responses to the fee motion is hereby vacated. Any responses to the fee motion shall be filed by August 17, 2018, with any reply briefs filed by September 17, 2018. These deadlines will allow sufficient time for the issues to be fully briefed and considered before the final approval hearing.

2. The Court appreciates the thorough submission by counsel with respect to their fee requests. However, the Court is requiring completion and submission of Excel spreadsheets so that certain basic fee and expense information can be presented to the Court and Special Masters in standardized summary format that will facilitate review and evaluation of hours and expense data. Review will not be limited to the information submitted on these forms; information previously submitted in the fee motion will be considered, and counsel are also free to submit with their reply briefs any additional information they believe is relevant to determining (a) what portion of the Settlement Amount should be allocated to attorney fees and expenses and (b) the appropriate allocation of that amount among plaintiffs' counsel.

Accordingly, the fee motion (doc. 249) filed with this Court, shall be supplemented by August 3, 2018, as follows. Petitioners shall complete and submit an Excel spreadsheet in the form attached hereto as Appendix A (an electronic copy of which will be posted in Excel form on the District Court for the District of Kansas' webpage for the Syngenta MDL). Petitioners should provide information on a firmwide basis for each category of timekeeper (attorneys, contract attorneys, non-attorneys), without breaking down that information by individual timekeeper. Petitioners should also be sure to complete both of the spreadsheet's "sheets" (one for fees, the other for expenses). Each petitioner should (a) file (through ECF) a printout of its spreadsheet in PDF form and (b) submit an electronic copy of its spreadsheet in Excel form by email to the Special Masters.

IT IS SO ORDERED.

LEGAL FEES ipproved Common Benefit Wor Other Work Notes TASK PERFORMED TIMEKEEPER Hours Fees Hours Fees PLEADINGS, BRIEFS, DISPOSITIVE MOTIONS Complaint drafting Attorneys Contract Attorneys Non-attorneys Dispositive motion briefing/argument Attorneys Contract Attorneys Non-attorneys Class certification motion briefing and argument Attorneys Contract Attorneys Non-attorneys DISCOVERY, DEPOSITIONS, DOC REVIEW Plaintiff fact sheet preparation/review Attorneys Contract Attorneys Non-attorneys Paper discovery (Syngenta and third parties) Attorneys Contract Attorneys Non-attorneys Paper discovery against plaintiffs Attorneys Contract Attorneys Non-attorneys Discovery motion practice and communications with adverse parties Attorneys Contract Attorneys Non-attorneys Fact depositions (Syngenta and third parties) Attorneys Contract Attorneys Non-attorneys Defend fact depositions (of plaintiffs) Attorneys Contract Attorneys Non-attorneys Discovery file management Attorneys Contract Attorneys Non-attorneys EXPERT WORK, DAUBERT MOTIONS Plaintiffs' expert witness work (including development of report, defense of depositions) Attorneys Contract Attorneys Non-attorneys Defendant expert witness work Attorneys Contract Attorneys Non-attorneys Daubert motion practice (plaintiff experts) Attorneys Contract Attorneys Non-attorneys Daubert motion practice (defense experts) Attorneys Contract Attorneys Non-attorneys PRETRIAL PREP, TRIAL, AND POST TRIAL Motions in limine Attorneys Contract Attorneys Non-attorneys Trial (presenting witnesses and argument) Attorneys Contract Attorneys Non-attorneys Trial briefing and jury intructions Attorneys Contract Attorneys Non-attorneys Other pretrial motion practice Attorneys Contract Attorneys Non-attorneys Post-trial briefing Attorneys Contract Attorneys Non-attorneys SETTLEMENT AND SETTLEMENT ADMINISTRATION Pre-settlement communication with clients Attorneys Contract Attorneys Non-attorneys Settlement negotiations Attorneys Contract Attorneys Non-attorneys Assisting clients in perfecting claims in settlement Attorneys Contract Attorneys Non-attorneys Preparation of fee petition Attorneys Contract Attorneys Non-attorneys ADMINISTRATIVE Administrative work as court-appointed leadership Attorneys Contract Attorneys Non-attorneys OTHER (describe in Notes) Attorneys Contract Attorneys Non-attorneys EXPENSES PAID Amount Notes Common Benefit Assessment Fees Postage Photocopying Hotels Meals Mileage Air Travel Common Benefit Assessment Fees Court Fees Transcript Fees Ground Transportation Expert/Consulting Fees Not Included in Common Benefit Special Master Fees Miscellaneous (Describe) TOTAL
Source:  Leagle

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