Briggs v. United States of America et al, No. 3:2007cv05760 - Document 188 (N.D. Cal. 2010)
Court Description: ORDER AMENDING FINAL JUDGMENT by Judge Alsup granting in part and denying in part 184 Motion to Alter Judgment (whalc2, COURT STAFF) (Filed on 6/14/2010)
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Briggs v. United States of America et al Doc. 188 1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 9 11 For the Northern District of California United States District Court 10 JULIUS BRIGGS, on behalf of himself and all others similarly situated, No. C 07-5760 WHA 12 13 14 15 16 17 18 Plaintiff, v. UNITED STATES OF AMERICA, ORDER AMENDING FINAL JUDGMENT Defendant. / Lead plaintiff Julius Briggs moves pursuant to Rule 60(a) for two amendments to the final judgment in this class action. The motion is unopposed. 19 First, plaintiff moves to amend the final judgment to give effect to a timely request for 20 exclusion from the settlement by Carmen L. Tate, and to conform the final settlement amount 21 by the value of that excluded class member’s claim, $91.37, for a final amount of 22 $7,404,852.82. This amendment is GRANTED. 23 Second, plaintiff moves to authorize payment to plaintiff’s counsel of $375,000 24 (representing 75 percent of the EAJA award for fees) and $52,000 for expenses, promptly upon 25 expiration of the appeal period for the final judgment. Under the current order giving final 26 approval to the settlement, only $52,000 for expenses and 25 percent of the EAJA award may 27 be disbursed upon expiration of the appeal period for the final judgment. The remaining 75 28 percent of attorney’s fees can be paid only after counsel certifies that all class members have Dockets.Justia.com 1 received and cashed their checks, no problems with the distribution have been reported for a 2 period of 30 days, and there is nothing left to do. 3 This amendment is DENIED. The existing schedule for disbursement of attorney’s fees 4 will give counsel an incentive to ensure that the distribution of the settlement funds to the class 5 members occurs as quickly and smoothly as possible. 6 7 IT IS SO ORDERED. 8 9 Dated: June 14, 2010. WILLIAM ALSUP UNITED STATES DISTRICT JUDGE 11 For the Northern District of California United States District Court 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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