Pincay Investments Co. v. Covad Communications Group, Inc.
Pincay Investments Co. v. Covad Communications Group, Inc.
Opinion of the Court
MEMORANDUM
Charles D. Chalmers appeals pro se the district court’s approval of a plan of distribution (“Plan”), including allocation of fees, pursuant to the class action arising out of the securities fraud by Covad Communications Group, Inc. (“Covad”). We affirm.
We have jurisdiction pursuant to 28 U.S.C. § 1291. We review a district court’s approval of a plan of distribution for abuse of discretion but consider any legal questions de novo. See In re Exxon Valdez, 229 F.3d 790, 795 (9th Cir. 2000). We also review the district court’s award of class counsel fees for abuse of discretion. In re FPI/Agretech Sec. Litig., 105 F.3d 469, 472 (9th Cir. 1997).
Chalmers maintains that the district court abused its discretion by approving the Plan. In this regal’d, Chalmers points to several allegations of error, including that the Plan did not sufficiently describe all classes to the Plan; the method for calculating damages for each class was inappropriate; the Plan did not adequately consider the terms of Covad’s bankruptcy; and the lead plaintiffs should not have received compensation for lost wages under the Plan.
A class settlement must be fundamentally fair, adequate, and reasonable. In re Mego Fin. Corp. Sec. Litig., 213 F.3d 454, 458 (9th Cir. 2000). Assessing a settlement proposal requires a district court to comprehensively balance and explore a number of factors, including as appropriate: (1) the risk, expense, complexity, and likely duration of further litigation; (2) the risk of maintaining class action status throughout the trial; (3) the amount offered in settlement; (4) the extent of discovery completed and the stage of the proceedings; (5) the experience and views of counsel; and (6) the reaction of the class members to the proposed settlement. Hanlon v. Chrysler Corp., 150 F.3d 1011, 1026 (9th Cir. 1998).
The district court acted within its discretion: it reviewed the balancing of factors and considered Chalmers’ objections. See Torrisi v. Tucson Elec. Power Co., 8 F.3d 1370, 1376 (9th Cir. 1993) (holding that the district court did not abuse its discretion in considering relevant factors, including bankruptcy, in approving a settlement plan). Chalmers offers conclusory statements in arguing that the district court abused its discretion. We reject Chal-mers’ contentions and affirm the district court’s approval of the settlement.
Chalmers also asserts that the district court abused its discretion in approving the Plan’s allocation of twenty-five percent of the settlement in attorney’s fees. In a common fund case, the district court has discretion to apply either the lodestar method or the percentage-of-the-fund method in calculating the fee award. Fischel v. Equitable Life Assurance Soc’y, 307 F.3d 997, 1006 (9th Cir. 2002). This court has established twenty-five percent as a benchmark in percentage-of-the-fund cases
In sum, the district court gave an adequate hearing and consideration to Chal-mers’ objections to the Plan. Accordingly, we affirm the final judgment and the underlying orders appealed in this case.
AFFIRMED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
. Because the parties are familiar with the facts, we do not recite them here except as necessary to aid in understanding this disposition.
Reference
- Full Case Name
- PINCAY INVESTMENTS COMPANY, Myron Harris, Carlos Pellerano, Creedon Capital LDC, Cheyne Fund LP, DC Capital Partners, LP, Gregory Gill, Charles D. Chalmers v. COVAD COMMUNICATIONS GROUP, INC., Robert E. Knowling, Mark Perry
- Cited By
- 2 cases
- Status
- Published