Nikki Fuzell v. Hallmark Marketing Corporation, No. 2:2008cv05330 - Document 19 (C.D. Cal. 2009)
Court Description: ORDER GRANTING CLASS COUNSEL'S MOTION FOR ATTORNEYS' FEES, LITIGATION COSTS, AND INCENTIVE AWARDS. Fees awarded in favor of Nikki Fuzell against Hallmark Marketing Corporation, (Made JS-6. Case Terminated.) (kbr)
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Nikki Fuzell v. Hallmark Marketing Corporation 1 2 3 4 5 6 7 Doc. 19 R. Rex Parris, Esq. (SBN: 96567) rrparris@rrexparris.com Jason P. Fowler, Esq. (SBN: 239426) jfowler@rrexparris.com Alexander R. Wheeler, Esq. (SBN: 239541) awheeler@rrexparris.com R. REX PARRIS LAW FIRM 42220 10th Street West, Suite 109 Lancaster, California 93534 Telephone: (661) 949-2595 / Fax: (661) 949-7524 JS-6 [Additional Attorneys for Plaintiffs and the Putative Class on Attachment] 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ROCHELLE INGALLS, suing ) individually and on behalf of all other ) ) similarly situated persons, ) ) Plaintiffs, ) ) v. ) HALLMARK MARKETING ) CORPORATION, a Delaware corporation, ) and defendant DOES 1 through 10, ) ) inclusive, ) ) Defendants. _________________________________ ) ) NIKKI FUZELL, an individual, on behalf ) ) of herself, all others similarly situated, ) ) Plaintiffs, ) ) v. ) HALLMARK MARKETING ) CORPORATION, a Delaware corporation ) with it’s principal place of business in the ) ) State of Missouri, ) ) Defendants. _________________________________ ) ) BEVERLY WEAVER, et al., Plaintiffs, ) ) ) v. ) ) HALLMARK MARKETING CORP., ) ) Defendants. __________________________________ ) Case No.: CV08-04342 VBF (Ex) C/W CV08-05330-VBF (FFMx) CV08-07481-VBF (Ex) ORDER GRANTING CLASS COUNSEL’S MOTION FOR ATTORNEYS’ FEES, LITIGATION COSTS, AND INCENTIVE AWARDS Date: Time: Courtroom: Judge: October 16, 2009 3:00 p.m. 9 Honorable Valerie Baker Fairbank Dockets.Justia.com 1 ATTACHMENT TO CAPTION 2 ZELBST, HOLMES & BUTLER John Zelbst, Esq. [admitted pro hac vice] john@zelbst.com 4 Chandra Holmes Ray, Esq. [admitted pro hac vice] chandra@zelbst.com 5 P.O. Box 365 Lawton, OK 73502-0365 6 (580) 248-4844 Fax: (580) 248-6916 3 James E. Wren, Esq. [admitted pro hac vice] James_Wren@baylor.edu 8 One Bear Place #97288 Waco, TX 76798-7288 9 (254) 710-7670 Fax: (254) 710-2817 7 SLOAN, BAGLEY, HATCHER & PERRY John Sloan, Esq. [admitted pro hac vice] jsloan@textrialfirm.com 11 Laureen Bagley, Esq. [admitted pro hac vice] lbagley@textrialfirm.com 12 P.O. Box Drawer 2909 13 Longview, TX 75006 (903) 757-7000 Fax: (903) 757-7574 10 14 15 16 17 18 19 CLARK & MARKHAM David R. Markham, Esq. (SBN 071814) dmarkham@clarkmarkham.com R. Craig Clark, Esq. (SBN 129912) cclark@clarkmarkham.com James M. Treglio, Esq. (SBN 228077) jtreglio@clarkmarkham.com 600 B Street, Suite 2130 San Diego, CA 92101 GRACEHOLLIS 20 Graham S.P. Hollis, Esq. (SBN 120577) ghollis@gracehollis.com 3555 Fifth Avenue 21 San Diego, CA 92103 22 (619) 692-0800 23 24 25 26 27 28 1 On October 16, 2009, the Court heard a motion by Plaintiffs, Rochell Ingalls 2 (“Ingalls”), Nikki Fuzell (“Fuzell”), and Beverly Weaver (“Weaver”) on behalf of 3 themselves and all others similarly situated, for approval of Class Counsel’s Motion for 4 an Award of Attorneys Fees, Litigation Costs and Incentive Awards to Ingalls, Fuzell, 5 Weaver, Sandy Ripp (“Ripp”), Carol White (“White”), and Vanesa Yanez (“Yanez”). 6 The Parties have submitted the proposed Settlement, which this Court finally 7 approved on October 16, 2009. Having finally approved the Settlement, and having 8 received and reviewed the supporting papers, the response of the Class Members to the 9 Notice of Settlement, and the evidence and argument received by the Court at Hearing 10 on October 16, 2009, the Court grants the Motion by Class Counsel for an Award of 11 Attorneys’ Fees, Litigation Costs and Incentive Awards, and HEREBY FINDS as 12 follows: 13 1. 14 Except as otherwise specified herein, the Court for purposes of this Order of Final Approval adopts all defined terms set forth in the Settlement; 2. 15 Pursuant to the Preliminary Approval Order, a Notice Packet was sent to 16 each Class Member by first-class mail. The Notice included language advising Class 17 Members that Class Counsel would ask the Court to award attorneys’ fees up to 33% of 18 the Maximum Settlement Amount and litigation costs. In addition, the Notice provided 19 that Class Counsel would ask the Court to authorize an enhancement payment of up to 20 $10,000 each to Ingalls, Fuzell, Weaver, Ripp, White and Yanez; 3. 21 The Claims Administrator took reasonable steps to provide the Notice 22 Packet to Class Members when it learned that the address to which those documents were 23 mailed was no longer accurate. These documents informed Class Members of the terms 24 of the Settlement, including the request by Class Counsel for Attorneys’ fees, litigation 25 costs, and enhancement payments and their right to object to the Settlement or to opt out 26 of the Settlement and pursue their own remedies, and their right to appear in 27 //// 28 //// 1 [PROPOSED] ORDER GRANTING CLASS COUNSEL’S MOTION FOR ATTORNEYS’ FEES, LITIGATION COSTS, AND INCENTIVE AWARDS 1 person or by counsel at the Final Approval Hearing and be heard regarding the final 2 approval of the Settlement. Notice was provided with ample time for the Class Members 3 to follow these procedures; 4. 4 The Court finds that this notice procedure afforded adequate protections to 5 Class Members and provides the basis for the Court to make an informed decision 6 regarding approval of Class Counsels’ Motion for an Award of Attorneys’ Fees, 7 Litigation Costs and the Incentive Awards requested. Notice was accomplished in all 8 material respects in the manner prescribed by the Settlement. The Court finds that 9 adequate notice provided to all persons entitled to such notice in this case, was the best 10 notice practicable, and, therefore, fully satisfied the requirements of due process; 5. 11 The Attorneys’ Fees requested by Class counsel are commensurate with 1) 12 the risk Class Counsel took in commencing this action, (2) the time, effort and expense 13 dedicated to the case, (3) the skill and determination they have shown, (4) the results they 14 have achieved throughout the litigation, (5) the value of the settlement they have achieved 15 for class members, and (6) the other cases counsel have turned down in order to devote 16 their time and efforts to this matter; 6. 17 The Attorneys’ Fees requested by Class counsel, $1,825,000.00 of the total 18 settlement of $5,625,000 are reasonable and are within the range of fees awarded in 19 comparable cases; 7. 20 21 That the litigation costs for which Class Counsel requests reimbursement were reasonable and necessary; 8. 22 That the enhancement payments requested by Ingalls, Fuzell, Weaver, Ripp, 23 White, and Yanez, for their efforts in obtaining recovery for the Class are reasonable and 24 are within the range of enhancement payments awarded in comparable cases; 25 Therefore, IT IS HEREBY ORDERED: 26 1. That the Motion by Class Counsel for an award of Attorneys’ Fees in the 27 amount of $1,825,000.00 is granted; 28 //// 2 [PROPOSED] ORDER GRANTING CLASS COUNSEL’S MOTION FOR ATTORNEYS’ FEES, LITIGATION COSTS, AND INCENTIVE AWARDS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 2. That the Motion by Class Counsel for an award of litigation costs in the amount of $54,528.85 is granted; 3. That the Motion by Class Counsel for an award of an enhancement payment to Rochell Ingalls, in the amount of $10,000 is granted; 4. That the Motion by Class Counsel for an award of an enhancement payment to Nikki Fuzell, in the amount of $10,000 is granted. 5. That the Motion by Class Counsel for an award of an enhancement payment to Beverly Weaver, in the amount of $10,000 is granted. 6. That the Motion by Class Counsel for an award of an enhancement payment to Sandy Ripp, in the amount of $10,000 is granted. 7. That the Motion by Class Counsel for an award of an enhancement payment to Carol White, in the amount of $10,000 is granted. 8. That the Motion by Class Counsel for an award of an enhancement payment to Vanesa Yanez , in the amount of $10,000 is granted. 15 16 17 Dated: October 16, 2009 ____________________________________ Honorable Valerie Baker Fairbank 18 19 20 21 22 23 24 25 26 27 28 3 [PROPOSED] ORDER GRANTING CLASS COUNSEL’S MOTION FOR ATTORNEYS’ FEES, LITIGATION COSTS, AND INCENTIVE AWARDS 1 2 3 4 5 6 7 R. Rex Parris, Esq. (SBN: 96567) rrparris@rrexparris.com Jason P. Fowler, Esq. (SBN: 239426) jfowler@rrexparris.com Alexander R. Wheeler, Esq. (SBN: 239541) awheeler@rrexparris.com R. REX PARRIS LAW FIRM 42220 10th Street West, Suite 109 Lancaster, California 93534 Telephone: (661) 949-2595 / Fax: (661) 949-7524 JS-6 [Additional Attorneys for Plaintiffs and the Putative Class on Attachment] 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ROCHELLE INGALLS, suing ) individually and on behalf of all other ) ) similarly situated persons, ) ) Plaintiffs, ) ) v. ) HALLMARK MARKETING ) CORPORATION, a Delaware corporation, ) and defendant DOES 1 through 10, ) ) inclusive, ) ) Defendants. _________________________________ ) ) NIKKI FUZELL, an individual, on behalf ) ) of herself, all others similarly situated, ) ) Plaintiffs, ) ) v. ) HALLMARK MARKETING ) CORPORATION, a Delaware corporation ) with it’s principal place of business in the ) ) State of Missouri, ) ) Defendants. _________________________________ ) ) BEVERLY WEAVER, et al., Plaintiffs, ) ) ) v. ) ) HALLMARK MARKETING CORP., ) ) Defendants. __________________________________ ) Case No.: CV08-04342 VBF (Ex) C/W CV08-05330-VBF (FFMx) CV08-07481-VBF (Ex) ORDER GRANTING CLASS COUNSEL’S MOTION FOR ATTORNEYS’ FEES, LITIGATION COSTS, AND INCENTIVE AWARDS Date: Time: Courtroom: Judge: October 16, 2009 3:00 p.m. 9 Honorable Valerie Baker Fairbank 1 ATTACHMENT TO CAPTION 2 ZELBST, HOLMES & BUTLER John Zelbst, Esq. [admitted pro hac vice] john@zelbst.com 4 Chandra Holmes Ray, Esq. [admitted pro hac vice] chandra@zelbst.com 5 P.O. Box 365 Lawton, OK 73502-0365 6 (580) 248-4844 Fax: (580) 248-6916 3 James E. Wren, Esq. [admitted pro hac vice] James_Wren@baylor.edu 8 One Bear Place #97288 Waco, TX 76798-7288 9 (254) 710-7670 Fax: (254) 710-2817 7 SLOAN, BAGLEY, HATCHER & PERRY John Sloan, Esq. [admitted pro hac vice] jsloan@textrialfirm.com 11 Laureen Bagley, Esq. [admitted pro hac vice] lbagley@textrialfirm.com 12 P.O. Box Drawer 2909 13 Longview, TX 75006 (903) 757-7000 Fax: (903) 757-7574 10 14 15 16 17 18 19 CLARK & MARKHAM David R. Markham, Esq. (SBN 071814) dmarkham@clarkmarkham.com R. Craig Clark, Esq. (SBN 129912) cclark@clarkmarkham.com James M. Treglio, Esq. (SBN 228077) jtreglio@clarkmarkham.com 600 B Street, Suite 2130 San Diego, CA 92101 GRACEHOLLIS 20 Graham S.P. Hollis, Esq. (SBN 120577) ghollis@gracehollis.com 3555 Fifth Avenue 21 San Diego, CA 92103 22 (619) 692-0800 23 24 25 26 27 28 1 On October 16, 2009, the Court heard a motion by Plaintiffs, Rochell Ingalls 2 (“Ingalls”), Nikki Fuzell (“Fuzell”), and Beverly Weaver (“Weaver”) on behalf of 3 themselves and all others similarly situated, for approval of Class Counsel’s Motion for 4 an Award of Attorneys Fees, Litigation Costs and Incentive Awards to Ingalls, Fuzell, 5 Weaver, Sandy Ripp (“Ripp”), Carol White (“White”), and Vanesa Yanez (“Yanez”). 6 The Parties have submitted the proposed Settlement, which this Court finally 7 approved on October 16, 2009. Having finally approved the Settlement, and having 8 received and reviewed the supporting papers, the response of the Class Members to the 9 Notice of Settlement, and the evidence and argument received by the Court at Hearing 10 on October 16, 2009, the Court grants the Motion by Class Counsel for an Award of 11 Attorneys’ Fees, Litigation Costs and Incentive Awards, and HEREBY FINDS as 12 follows: 13 1. 14 Except as otherwise specified herein, the Court for purposes of this Order of Final Approval adopts all defined terms set forth in the Settlement; 2. 15 Pursuant to the Preliminary Approval Order, a Notice Packet was sent to 16 each Class Member by first-class mail. The Notice included language advising Class 17 Members that Class Counsel would ask the Court to award attorneys’ fees up to 33% of 18 the Maximum Settlement Amount and litigation costs. In addition, the Notice provided 19 that Class Counsel would ask the Court to authorize an enhancement payment of up to 20 $10,000 each to Ingalls, Fuzell, Weaver, Ripp, White and Yanez; 3. 21 The Claims Administrator took reasonable steps to provide the Notice 22 Packet to Class Members when it learned that the address to which those documents were 23 mailed was no longer accurate. These documents informed Class Members of the terms 24 of the Settlement, including the request by Class Counsel for Attorneys’ fees, litigation 25 costs, and enhancement payments and their right to object to the Settlement or to opt out 26 of the Settlement and pursue their own remedies, and their right to appear in 27 //// 28 //// 1 [PROPOSED] ORDER GRANTING CLASS COUNSEL’S MOTION FOR ATTORNEYS’ FEES, LITIGATION COSTS, AND INCENTIVE AWARDS 1 person or by counsel at the Final Approval Hearing and be heard regarding the final 2 approval of the Settlement. Notice was provided with ample time for the Class Members 3 to follow these procedures; 4. 4 The Court finds that this notice procedure afforded adequate protections to 5 Class Members and provides the basis for the Court to make an informed decision 6 regarding approval of Class Counsels’ Motion for an Award of Attorneys’ Fees, 7 Litigation Costs and the Incentive Awards requested. Notice was accomplished in all 8 material respects in the manner prescribed by the Settlement. The Court finds that 9 adequate notice provided to all persons entitled to such notice in this case, was the best 10 notice practicable, and, therefore, fully satisfied the requirements of due process; 5. 11 The Attorneys’ Fees requested by Class counsel are commensurate with 1) 12 the risk Class Counsel took in commencing this action, (2) the time, effort and expense 13 dedicated to the case, (3) the skill and determination they have shown, (4) the results they 14 have achieved throughout the litigation, (5) the value of the settlement they have achieved 15 for class members, and (6) the other cases counsel have turned down in order to devote 16 their time and efforts to this matter; 6. 17 The Attorneys’ Fees requested by Class counsel, $1,825,000.00 of the total 18 settlement of $5,625,000 are reasonable and are within the range of fees awarded in 19 comparable cases; 7. 20 21 That the litigation costs for which Class Counsel requests reimbursement were reasonable and necessary; 8. 22 That the enhancement payments requested by Ingalls, Fuzell, Weaver, Ripp, 23 White, and Yanez, for their efforts in obtaining recovery for the Class are reasonable and 24 are within the range of enhancement payments awarded in comparable cases; 25 Therefore, IT IS HEREBY ORDERED: 26 1. That the Motion by Class Counsel for an award of Attorneys’ Fees in the 27 amount of $1,825,000.00 is granted; 28 //// 2 [PROPOSED] ORDER GRANTING CLASS COUNSEL’S MOTION FOR ATTORNEYS’ FEES, LITIGATION COSTS, AND INCENTIVE AWARDS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 2. That the Motion by Class Counsel for an award of litigation costs in the amount of $54,528.85 is granted; 3. That the Motion by Class Counsel for an award of an enhancement payment to Rochell Ingalls, in the amount of $10,000 is granted; 4. That the Motion by Class Counsel for an award of an enhancement payment to Nikki Fuzell, in the amount of $10,000 is granted. 5. That the Motion by Class Counsel for an award of an enhancement payment to Beverly Weaver, in the amount of $10,000 is granted. 6. That the Motion by Class Counsel for an award of an enhancement payment to Sandy Ripp, in the amount of $10,000 is granted. 7. That the Motion by Class Counsel for an award of an enhancement payment to Carol White, in the amount of $10,000 is granted. 8. That the Motion by Class Counsel for an award of an enhancement payment to Vanesa Yanez , in the amount of $10,000 is granted. 15 16 17 Dated: October 16, 2009 ____________________________________ Honorable Valerie Baker Fairbank 18 19 20 21 22 23 24 25 26 27 28 3 [PROPOSED] ORDER GRANTING CLASS COUNSEL’S MOTION FOR ATTORNEYS’ FEES, LITIGATION COSTS, AND INCENTIVE AWARDS
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