1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6

7 IN RE SONY PS3 “OTHER OS” LITIGATION Case No. 10-cv-01811-YGR

8 ORDER GRANTING IN PART MOTION FOR ATTORNEYS’ FEES BY OBJECTOR SUSAN 9 LINDBERG 10 Dkt. No. 391 11

12 The Court, having reviewed Objector Susan Lindberg’s Motion for Attorneys’ Fees, Costs, 13 and an Incentive Award (Dkt. No. 391) and the opposition thereto, as well as the pleadings and 14 other papers on file in this action, Orders that the Motion is GRANTED IN PART as set forth herein. 15 Objector Lindbergh’s opposition to the motion to approve the cy pres distribution 16 contributed to the Court’s decision to order a second distribution of the residual funds to class 17 members with valid claims. The Ninth Circuit has held that objectors who provide a material 18 benefit to the class through their objections are entitled to fees as a matter of law. Rodriguez v. 19 Disner,

(9th Cir. 2012) (“Rodriguez II”). 20 1. The Court awards attorneys’ fees in the amount of $9,300. The Court finds counsel’s 21 requested rate to be reasonable and finds that 25 hours is a reasonable amount of time to incurred 22 in opposing the cy pres motion and arguing in support of a second distribution. The Court did not 23 adopt the objector’s reasoning on the issue of a different cy pres recipient, which objector could 24 have raised at the time of the original approval motion, nor does the Court find additional hours of 25 preparation or tracking to be reasonably necessary to the improved outcome for the class here. 26 2. The Court awards additional costs reasonably incurred in connection with the 27 opposition to the cy pres motion in the amount of $106.42 for FedEx and Pacer fees. The Court 1 were non-refundable airfare for a hearing that was cancelled one week prior to the hearing date. 2 3. The Court awards an additional incentive award to objector Susan Lindberg in the 3 amount of $1,750 to bring her incentive award to one equal to the named plaintiffs in this action 4 ($3,500) in recognition of the benefits her efforts have conferred upon the class. 5 The attorneys’ fees, costs, and incentive award ordered herein shall be paid first, from any 6 || remaining residual funds after the payment process from the second distribution is complete and 7 the settlement administrator has been paid reasonable administration costs. The Settlement 8 Administrator shall pay the sum of $11,156.42 to objector Lindbergh prior to making any cy pres 9 || payment. To the extent that the residual funds are insufficient to pay the total, any remaining 10 amount shall be paid from class counsel’s fee award. 11 IT Is SO ORDERED. a 12 Dated: October 25, 2019

14 YVONNE GONZALEZ ROGERS UNITED STATES DISTRICT JUDGE 15 16 & 17 Z 18 19 20 21 22 23 24 25 26 27 28