Filed: Aug. 09, 2013
Latest Update: Aug. 09, 2013
Summary: ORDER AUTHORIZING DISBURSEMENT OF FEE-AND-EXPENSE AWARD FROM ESCROW KENT J. DAWSON, District Judge. Settlement Class Counsel have filed a consent motion for an order approving disbursement from escrow of the fees and expenses the Court awarded in settlement of this class action. The Court awarded the subject fees and expenses in its Findings of Fact and Conclusions of Law on Plaintiffs' Motion for Award of Attorneys' Fees and Expenses to Settlement Class Counsel (Doc. 58). Pursuant to that awa
Summary: ORDER AUTHORIZING DISBURSEMENT OF FEE-AND-EXPENSE AWARD FROM ESCROW KENT J. DAWSON, District Judge. Settlement Class Counsel have filed a consent motion for an order approving disbursement from escrow of the fees and expenses the Court awarded in settlement of this class action. The Court awarded the subject fees and expenses in its Findings of Fact and Conclusions of Law on Plaintiffs' Motion for Award of Attorneys' Fees and Expenses to Settlement Class Counsel (Doc. 58). Pursuant to that awar..
More
ORDER AUTHORIZING DISBURSEMENT OF FEE-AND-EXPENSE AWARD FROM ESCROW
KENT J. DAWSON, District Judge.
Settlement Class Counsel have filed a consent motion for an order approving disbursement from escrow of the fees and expenses the Court awarded in settlement of this class action. The Court awarded the subject fees and expenses in its Findings of Fact and Conclusions of Law on Plaintiffs' Motion for Award of Attorneys' Fees and Expenses to Settlement Class Counsel (Doc. 58). Pursuant to that award and the terms of the Nevada Class Settlement Agreement, the Settling Defendants have deposited the fee-and-expense award into an escrow account established with U.S. Bank in New York. The allocation of the fee-and-expense award among all interested counsel and their agreed percentages are memorialized in a July 6, 2012 Agreement to Arbitrate the Allocation of Attorneys' Fees and Costs Awarded in the Fiber-Optic-Cable Right-of-Way Litigation ("Agreement to Arbitrate") and an arbitration award under the Agreement to Arbitrate.
Upon consideration of the consent motion and the record in this case, it is hereby ORDERED that the consent motion is GRANTED. It is further ORDERED that, under the Agreement to Arbitrate and the arbitration award, Garretson Firm Resolution Group, Inc. shall disburse the Nevada fee-and-expense award from the Nevada Fiber Optic Counsel Qualified Settlement Fund, after all current expenses for administering the Fund have been deducted and any accumulated interest has been added, in the following percentages to the following groups of counsel:
(1) 85.956 percent to the 48-Firm Group;1
(2) 8.398 percent to William T. Gotfryd;2 and
(3) 1.2 percent to the Litman Group.3
It is further ORDERED that the Susman Group4 may file a motion requesting disbursement of its 4.446-percent share of the award, but until such time as that motion is filed and granted, the Susman Group's share shall remain in escrow.
It is further ORDERED that all escrow-account expenses for administering the Nevada Fiber Optic Counsel Qualified Settlement Fund that are incurred after making the distribution to the 48-Firm Group, William T. Gotfryd, and the Litman Group will be paid for out of the remaining funds held in escrow for the Susman Group.
