Adkins v. Facebook, Inc., No. 3:2018cv05982 - Document 349 (N.D. Cal. 2021)
Court Description: *** FILED IN ERROR. PLEASE SEE DOCKET # 350 *** ORDER GRANTING MOTION FOR FINAL SETTLEMENT APPROVAL AND GRANTING IN PART AND DENYING IN PART MOTION FOR ATTORNEY'S FEES AND APPOINTING SPECIAL MASTER (whalc3, COURT STAFF) (Filed on 5/6/2021) Modified on 5/6/2021 (amd2S, COURT STAFF).
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Adkins v. Facebook, Inc. Doc. 349 Att. 1 1 2 3 4 5 UNITED STATES DISTRICT COURT 6 7 NORTHERN DISTRICT OF CALIFORNIA 8 9 10 STEPHEN ADKINS, Plaintiff, United States District Court Northern District of California 11 v. 12 13 No. C 18–05982 WHA FACEBOOK, INC., Defendant. 14 ORDER APPOINTING SPECIAL MASTER 15 16 17 A companion order found class counsel entitled to reasonable attorney’s fees. 18 1. Under Rules 53 and 54, the Court appoints ATTORNEY ELLEN EAGEN as the 19 special master to determine the reasonable value of services rendered herein by class counsel 20 (and class counsel only). By special accommodation of the Court, Attorney Eagen has agreed 21 to provide this service at the reduced rate of $300 per hour. By MAY 14 AT NOON, each side 22 shall submit a statement with any objection to the appointment, including any suggestions for 23 alternative candidates or other requests to be heard. If neither side objects, then the Court will 24 proceed with the appointment described herein. 25 2. Plaintiff’s counsel shall provide the special master with an itemized accounting 26 for unreimbursed expenses listed as “Travel” and “Expert Witness Fees.” Travel must be 27 broken down into at least the following categories: air transportation, ground travel, meals, 28 Dockets.Justia.com 1 and lodging. Non-working travel time must be distinguished from working travel time. 2 Counsel may include additional categories, if necessary. Within each category, each expense 3 must be listed with the date, description, and cost. Professional fees may be broken down into 4 separate categories if counsel deems appropriate. The date, description, and cost for each 5 expense incurred, such as the fee paid to an expert to produce an expert report on a specific 6 issue, must be listed for all professional fees. 3. United States District Court Northern District of California 7 Counsel must also provide the special master a detailed declaration, organized by 8 discrete projects, breaking down all attorney and paralegal time sought to be recovered. For 9 each project, there must be a detailed description of the work, giving the date, hours expended, 10 attorney name, and task for each work entry, in chronological order. A “project” means a 11 deposition, a motion, a witness interview, and so forth. It does not mean generalized 12 statements like “trial preparation” or “attended trial.” It includes discrete items like “prepare 13 supplemental trial brief on issue X.” The following is an example of time collected by a 14 project. 15 PROJECT: ABC DEPOSITION (2 DAYS IN FRESNO) Date Time-keeper 01-08-20 XYZ 01-09-20 RST 01-10-20 XYZ 21 01-11-20 RST 22 01-12-20 RST 16 17 18 19 20 Project Total: 23 24 Description Assemble and photocopy exhibits for use in deposition. Review evidence and prepare to examine ABC at deposition. Research issue of workproduct privilege asserted by deponent. Prepare for and take deposition. Prepare for and take deposition. 4. Hours x Rate = Fee 2.0 $100 $200 4.5 $200 $900 1.5 $100 $150 8.5 $100 $1,700 7.0 $200 $1,400 23.5 $4,350 All entries for a given project must be presented chronologically one after the 25 other, i.e., uninterrupted by other projects, so that the timeline for each project can be readily 26 grasped. Entries can be rounded to the nearest quarter-hour and should be net of write-down 27 for inefficiency or other cause. Please show the sub-totals for hours and fees per project, as in 28 the example above, and show grand totals for all projects combined at the end. Include only 2 1 entries for which compensation is sought, i.e., after application of “billing judgment.” For 2 each project, the declaration must further state, in percentage terms, the proportion of the 3 project directed at issues for which fees are awardable and must justify the percentage. This 4 percentage should then be applied against the project total to isolate the recoverable portion (a 5 step not shown in the example above). 5. 6 7 (not broken down by project) should also be shown at the end of the declaration. This cross- 8 tabulation will help illuminate all timekeepers’ respective workloads and roles in the overall 9 case. 10 United States District Court Northern District of California A separate summary chart of total time and fees sought per individual timekeeper 6. The declaration must also set forth (a) the qualifications, experience and role of 11 each attorney or paralegal for whom fees are sought; (b) the normal rate ordinarily charged for 12 each in the relevant time period; (c) how the rates were comparable to prevailing rates in the 13 community for like-skilled professionals; and (d) proof that “billing judgment” was exercised. 14 On the latter point, as before, the declaration should describe adjustments made to eliminate 15 duplication, excess, associate-turnover expense, and so forth. These adjustments need not be 16 itemized but totals for the amount deleted per timekeeper should be stated. The declaration 17 must identify the records used to compile the entries and, specifically, state whether and the 18 extent to which the records were contemporaneous versus retroactively prepared. It must state 19 the extent to which any entries include estimates (and what any estimates were based on). 20 Estimates and/or use of retroactively-made records may or may not be allowed, depending on 21 the facts and circumstances. 22 7. Ordinarily, no more than one attorney and one paralegal need be present at a 23 deposition; more will normally be deemed excessive. Ordinarily, no more than one attorney 24 need attend a law-and-motion hearing; more will normally be deemed excessive. To allow for 25 symmetry, however, the award will take into account the staffing used by the opposing party. 26 8. The special master shall review the briefs and declarations by the parties, hear 27 28 3 1 argument, and then determine a reasonable amount to award, including any fees on fees. The 2 special master shall also determine the extent to which any discovery should be permitted — 3 with the caution that further discovery should be the exception and not the rule. 4 9. Except for any supplementation allowed by the special master, the foregoing 5 submissions shall be the entire record for this dispute. There will be no further briefing unless 6 allowed by the special master. After the special master’s appointment, any further submissions 7 solely for the special master’s use should not be filed with the Court. 8 9 IT IS SO ORDERED. 10 United States District Court Northern District of California 11 Dated: 12 13 WILLIAM ALSUP UNITED STATES DISTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 9 NORTHERN DISTRICT OF CALIFORNIA 10 United States District Court Northern District of California 11 12 STEPHEN ADKINS, Plaintiff, 13 14 15 No. C 18–05982 WHA v. FACEBOOK, INC., Defendant. 16 ACCEPTANCE OF SPECIAL MASTER APPOINTMENT 17 18 1. By signing below, ATTORNEY EAGEN IS HEREBY ACCEPTS APPOINTMENT AS 19 SPECIAL MASTER to determine, with all reasonable diligence, the reasonable amount of 20 attorney’s fees and costs which Facebook shall pay to class counsel. She shall have all powers 21 set forth in Federal Rule of Civil Procedure 53(c) with respect to this dispute but shall not 22 revisit prior rulings in this case. 23 2. The procedure set forth in the prior order is incorporated into and deemed a part 24 of this order. Attorney Eagen may set a briefing and argument schedule as she deems 25 appropriate. The parties shall provide the special master with electronic text searchable copies 26 of all documents relevant to this dispute and shall provide print copies (such as a tabbed binder 27 for attorney-billing records) to an appropriate address as Attorney Eagen shall request. 28 1 By AUGUST 27 AT NOON, the special master shall file a written report and 2 recommendation that includes her proposed findings and the recommended award of attorney’s 3 fees and costs to which class counsel is entitled. Her report should identify all amounts 4 disallowed and state whether the amounts disallowed qualify for treble deduction, per the order 5 granting the motion for fees. 6 4. Any objections to or motions regarding the special master’s report and 7 recommendation must be filed by SEPTEMBER 10 AT NOON, to be heard on the normal 35-day 8 track, and shall not exceed 25 PAGES in length. The response to any such objection or motion 9 shall be due SEVEN DAYS from the filing thereof and shall also not exceed 25 PAGES in length. 10 11 United States District Court Northern District of California 3. No reply briefing, please. 5. The Court will then review and consider any timely objections to or motions 12 regarding the special master’s report and recommendation pursuant to Rule 53(f). The 13 objecting party must file a declaration submitting to the Court a complete appendix of relevant 14 communications with the special master. An order will follow. 15 6. Ex parte communications with the special master should be avoided if possible. 16 Any objection to an ex parte communication or motion to disqualify must be filed within 17 SEVEN CALENDAR DAYS of discovery. 18 7. Objections to this order shall be filed by MAY 14 AT NOON. Any proposed 19 modification to this order must be promptly raised in a joint letter brief, not to exceed THREE 20 PAGES in length, to be filed only after the parties have met and conferred — either in person or 21 telephonically — under the special master’s supervision. 22 23 8. Attorney Eagen shall please indicate her acceptance of this appointment as special master by signing and filing the below statement: 24 25 26 27 28 2 I accept this appointment and reference: 1 2 _________________________ ELLEN EAGEN SPECIAL MASTER 3 4 5 6 IT IS SO ORDERED. 7 8 Dated: 9 10 WILLIAM ALSUP UNITED STATES DISTRICT JUDGE United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3
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