ORDER

DAVID R. STRAWBRIDGE, District Judge.

AND NOW, this 27th day of January, 2020, upon consideration of the Report and Recommendation of United States Magistrate Judge David R. Strawbridge (ECF No. 10929), it is ORDERED that:

1. The Report and Recommendation is ADOPTED;

2. The Withdrawal of the Lien Dispute is GRANTED; and

3. The Claims Administrator is ORDERED to disburse the withheld funds in accordance with this decision, the provisions of the Settlement Agreement, and all Court Orders regarding implementation.

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

REPORT AND RECOMMENDATION

Before the Court for Report and Recommendation is a Notice of Attorney's Lien ("Lien") and a Petition to Establish Attorney's Lien (Doc. No. 7642) seeking attorney's fees and costs from any Monetary Claim to be paid to Settlement Class Member Jocelyn Borgella, which were filed on May 17, 2017 by John D. Giddens, P.A. ("Giddens"). Mr. Borgella is currently represented by Dolan Dobrinsky Rosenblum, LLP ("Dolan"). On March 28, 2018, the Claims Administrator issued a Notice of Lien to Dolan. On September 19, 2019, the Claims Administrator issued a Notice of Monetary Award Claim Determination.

The District Court referred all Petitions for individual attorney's liens to this Magistrate Judge. (Doc. No. 7746). Rules Governing Attorneys' Liens ("Rules") were adopted on March 6, 2018 and amended on October 3, 2018. (Doc. Nos. 9760 and 10283). In accordance with these rules, the Claims Administrator has referred the Lien Dispute and the Withdrawal to this Court for Report and Recommendation.

Pursuant to Rule 24, Giddens and Dolan submitted a Withdrawal of Attorney's Lien Dispute (the "Withdrawal") dated December 17, 2019. The Withdrawal clearly indicates the percentage of the Award that each law firm will receive and sets forth an agreement as to how to disburse any portion of the 5% holdback that may be released in the future. The agreement was negotiated by law firms that were informed and concerned about their own interest. Upon review of the Withdrawal and the contingency fee agreements, and in consideration of the Presumptive Fee Cap (Doc. No. 9863), we conclude that the fee to be paid to each firm is reasonable, does not exceed the percentage for which the parties contracted, and that the collective fees are within the percentage allowed under the 22% Presumptive Fee Cap. Accordingly, we conclude that the Withdrawal should be granted and that the Claims Administrator should be ordered to distribute the attorneys' fees to Giddens and Dolan as set forth in the Withdrawal.1 We also have reviewed the lists of itemized costs submitted by each firm and the provision of the fee agreements Mr. Borgella entered into with the firms that provided for reimbursement of costs expended by counsel. We conclude that Giddens and Dolan are entitled to the costs asserted.

RECOMMENDATION

AND NOW, this 19th day of December, 2019, it is respectfully RECOMMENDED that the withdrawal of lien dispute be GRANTED and the Claims Administrator be ordered to distribute the attorneys' fees and costs as is set forth in the Withdrawal submitted by the Parties and in accordance with the provisions of the Settlement Agreement and all Court Orders regarding implementation. The remainder of the currently withheld funds should be distributed to Mr. Borgella.

The Parties may file objections to this Report and Recommendation. See Rule 25(d).