City of Laurel, Mississippi v. Cintas Corporation

District Court, D. Nevada

City of Laurel, Mississippi v. Cintas Corporation

Trial Court Opinion

1 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 2 NORTHERN DIVISION 3 CITY OF LAUREL, MISSISSIPPI, on behalf of itself and all others 4 similarly situated, Case No. 3:21-cv-00124-ART-CLB 5 Plaintiff, ORDER GRANTING 6 v. CLASS COUNSEL FEE AND EXPENSE AWARD AND CLASS 7 CINTAS CORPORATION NO. 2 REPRESENTATIVE SERVICE 8 AWARD Defendants. 9 10 WHEREAS, Plaintiff City of Laurel, Mississippi filed a Complaint and 11 commenced the action entitled City of Laurel, Mississippi v. Cintas Corporation No. 12 2, No. 3:21-cv-00124-ART-CLB (the “Action”); 13 14 WHEREAS, Plaintiff City of Laurel, Mississippi filed a First Amended Class 15 Action Complaint (ECF No. 36) and subsequently entered into an Agreement with 16 Cintas Corporation No. 2 that, if approved, would settle the Action; 17 WHEREAS, Plaintiff has moved, under to Federal Rule of Civil Procedure 23, 18 for an order awarding 33% of the common fund in attorneys’ fees, reimbursement of 19 20 $230,211.64 for costs incurred, and a service award of $10,000 to the Class 21 Representative (the “Motion”); and 22 WHEREAS, the Court, having considered the Motion, the Agreement together 23 with all exhibits and attachments thereto, the record in the Action, the parties’ briefs, 24 and arguments of counsel, 25 26 NOW THEREFORE, THE COURT HEREBY FINDS AND ORDERS AS 27 FOLLOWS: 1 1. Class Counsel is awarded attorneys’ fees of 33% of the $45,000,000 Cash 2 Settlement Amount, or $14,850,000. The Court finds that Class Counsel’s requested 3 fee award is fair and reasonable under the common fund doctrine and percentage-of- 4 the-recovery method based upon the following factors: (a) the results obtained by 5 Class Counsel in this case; (b) the risks and complex issues involved in this case; (c) 6 that the attorneys’ fees requested were entirely contingent upon success – Class 7 8 Counsel risked time and effort and advanced costs with no ultimate guarantee of 9 compensation; and (d) that the Class Members have been notified of the requested 10 fees and had an opportunity to inform the Court of any concerns they have with the 11 request. These factors justify an award above the Ninth Circuit’s 25% benchmark. 12 Vizcaino v. Microsoft Corp.,

290 F.3d 1043

, 1048–50 (9th Cir. 2002). As such, the 13 14 Court finds that the requested fee award comports with the applicable law and is 15 justified by the circumstances of this case. 16 2. Class Counsel is awarded reimbursement of their litigation costs and 17 expenses in the amount of $230,211.64. The Court finds that these costs and expenses 18 were reasonably incurred in the ordinary course of prosecuting this case and were 19 20 necessary given the complex nature and nationwide scope of the case. 21 3. The Class Representative is awarded a service award in the amount of 22 $10,000. The Court has confirmed the reasonableness of Class Counsel’s requested 23 service award for Plaintiff the City of Laurel, Mississippi due to its service in bringing 24 the case and facilitating its resolution. The Court finds that the requested service 25 26 award is fair and reasonable in light of the Class Representative’s efforts on behalf of 27 the litigation. 4. The attorneys’ fees awarded, reimbursement of litigation costs and 9 ||expenses, and service award shall be paid from the Cash Settlement Amount. *||IT IS SO ORDERED. ° 4, ~ jlasect Id 7 Dated this 29th day of April, 2025. Horlorable Anne R. Traum 8 United States District Judge 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Reference

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