Summary
approving objectors' motion for attorneys' fees because objectors conferred substantial benefit on the class by bringing the inadequacy of the notice to the court's attention
Summary of this case from In re Cardinal Health, Inc. Securities LitigationOpinion
No. CV01-11115 RSWL (CWx).
August 10, 2004
ORDER GRANTING ATTORNEY'S FEES TO OBJECTOR HELFAND
This matter comes before the Court on Class Settlement Objector Steven Helfand's motion for attorney's fees and costs. Having reviewed the papers and pleadings submitted by the parties, the Court hereby grants the award of attorney's fees in the amount of $8,190 and costs in the amount of $595.55. This award is to come from the settlement fund.
In order to justify an award of attorney's fees to an objector in a class action settlement, the objector must have conferred a substantial benefit on the class. Vizcaino v. Microsoft Corp., 290 F.3d 1043, 1052 (9th Cir. 2002). Here, the Court finds that a substantial benefit was conferred on the class when Helfand raised serious questions about the timing of the class notice. As a direct result of Helfand's objections, the Court ordered that the class be re-noticed, on a finding that a strong likelihood existed that a substantial portion of the class would not have received timely notice of the class action settlement. This was crucial to the ability of the class members' ability to recover money from the general fund, as many members likely received notice after the due date for submission of proofs of claim. By bringing about re-notice of the class and extension of the due date, Helfand conferred a substantial benefit on the class.
On the other hand, Helfand offers no justification for a "multiplier" of two being applied to this award. The Court will not grant this request.
The Court grants an award of attorney's fees in the amount of $8,190 and costs in the amount of $595.55, to be drawn from the settlement fund.
The Clerk is directed to send a copy of this order to all counsel of record and to counsel for the objectors to the partial class settlement.