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
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 wi..
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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 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