Torres v. North Pacific Seafoods Inc

The Honorable James L. Robart 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON PEDRO TORRES et al., Case No. 2:20-cv-01545-JLR Plaintiffs, [PROPOSED] ORDER GRANTING □ □ 11 Vs. PLAINTIFFS’ REQUEST FOR FEES, COSTS, AND SERVICE AWARDS 12 NORTH PACIFIC SEAFOODS, INC et al., 14 Defendants.

28 [PROPOSED] ORDER GRANTING PLAINTIFFS’ REQUEST FOR ATTORNEYS’ FEES, COSTS, AND SERVICE AWARDS Case No. 2:20-cv-01545-JLR 1 Plaintiffs’ Motion for Attorneys’ Fees and Expenses and for Service Awards came before || this Court on December 9, 2021. After due consideration of the facts of record, the applicable legal || standards, and the arguments of counsel, || IT IS HEREBY ORDERED THAT: 5 1. The Motion for Attorneys’ Fees, Costs, and Service Awards is GRANTED.

6 2. Under the Settlement, the Parties allocated up to $570,000.00 of the $1,900,000.00 || gross Settlement Fund to be paid as attorneys’ fees, up to $15,000.00 to be paid for costs, up to || $5,000.00 to be paid to each of the two named Plaintiffs, and up to $44,750.00 to be paid to the || settlement administrator for administration expenses.

10 5. The Court previously found that the Settlement confers substantial benefits on || Class members and meets the requirements of Rule 23. (Dkt. 52). The Settlement states that Class || Counsel may receive an award of attorneys’ fees in the amount determined by the Court, not to || exceed $570,000. This term was negotiated at arm’s length with the assistance of an experienced || mediator and only after the Parties had reached an agreement on settlement terms for the Class.

15 4, On August 24, 2021, the parties disseminated a Notice to the Settlement Class || Members which informed them that, subject to Court approval, the Settlement Fund will be || allocated as follows: $1,260,250 to the Settlement Class Members who do not opt out; $10,000 in || Service Awards for the two Named Plaintiffs who filed this Lawsuit and who served as Class || Representatives; $570,000 will be paid as attorneys’ fees to Class Counsel; up to $15,000 will be || paid as litigation expenses to Class Counsel; and up to $44,750 will be paid to the Settlement || Administrator for expenses associated with administering the settlement (Dkt. 49-2). To date, no || Class Member has objected to the Settlement or opted out. Class Counsel has represented that, as || of the date the subject motion was filed, they were in the process of disseminating a supplemental || notice to provide Settlement Class Members with access to Class Counsel’s fee motion and a 25- || day period to comment or object to the request for fees, costs, and service awards pursuant to Jn || re Mercury Interactive Corp. Sec. Litig., 618 F.3d 988 (9th Cir. 2010). Class Counsel will file a || declaration from PSA at the conclusion of this comment period detailing any feedback or 28 [PROPGSEB] ORDER GRANTING PLAINTIFFS’ REQUEST FOR ATTORNEYS’ FEES, COSTS, AND RICE WEDS || objections received. As of the date of this Order, no Settlement Class Members have objected to || the fee request.

3 5. Class Counsel’s requested fee is reasonable both as a percentage of recovery and || under the lodestar method. The Court finds that Class Counsel’s efficient litigation of this case has || delivered meaningful and timely relief for Class Members without the delay, expense, and risk of || litigation. See Pelletz v. Weyerhaeuser Co., 592 F.Supp.2d 1322, 1328 (W.D. Wash. 2009).

7 6. Class counsel’s fee request of $570,000 represents 30% of the common fund. The || Court finds this request appropriate in light of the factors that federal courts in the Ninth Circuit || use to determine the reasonableness of fees under the percentage method. See Arthur v. Sallie Mae, || Inc., 2012 WL 4076119, at *1 (W.D. Wash. Sep. 17, 2012). Specifically, the Court finds that the || results obtained, the risk involved with the litigation, the contingent nature of the fee, and the || awards approved in other class actions within the Ninth Circuit further support for Class Counsel’s || fee request.

14 7. The Court also finds that the lodestar method further confirms the reasonableness || of the request. The requested fee amounts to a multiplier of 1.2 on Class Counsel’s lodestar of || $478,063.25 incurred to date, and without accounting for time spent on future work. The Court || finds that the multiplier is within the typical range of multipliers in class action settlements after || having considered the Kerr factors. See Vizcaino v. Microsoft Corp., 290 F.3d 1043, 1047 (9th Cir. || 2002). Moreover, the Court is aware that the multiplier will decrease over time as Class Counsel || will likely expend additional hours overseeing the settlement administration process.

21 8. The Court further finds that the results obtained, the quality of Class Counsel’s || work, their experience in complex class action litigation, the contingent nature of the || representation, and the significant risks in this case further support the request. Class Counsel || delivered excellent results for the Class, as the Settlement provides for significant monetary relief.

25 9. Plaintiffs have submitted declarations of counsel adequately documenting the work || and hours they performed in this litigation. Class Counsel’s legal services in this matter included, || among other work: pre-filing investigation, drafting of pleadings, formal and informal discovery 28 fPROPOSER] ORDER GRANTING PLAINTIFFS’ REQUEST FOR ATTORNEYS’ FEES, COSTS, AND SERVICE AWARDS Case No. 2:20-cv-01545-JLR || efforts, court appearances, settlement negotiations, and administration of settlement. The Court || finds that Class Counsel spent an appropriate number of hours on this case, and that their current || hourly rates are consistent with those prevailing in the market in this district for similar services || by lawyers with comparable skill. See Blum v. Stenson, 465 U.S. 886, 895 n. 11 (1984).

5 10. | Class Counsel also request reimbursement of litigation costs, including, inter alia, || WAMS mediation fees, filing fees, court reporting and transcript services, online legal research, || and process service. The Court concludes that Class Counsel is entitled to reimbursement in the || amount of $10,934.23 and that the costs were reasonable and necessary for the investigation, || prosecution, and eventual settlement of this action. Moreover, the Court finds that the Ninth Circuit || routinely “allows recovery of pre-settlement litigation costs in the context of class action || settlement.” Arthur, 2012 WL 4076119, at *2.

12 11. | Class Counsel also request service awards to be paid out of the Settlement fund.

13 || The Court finds that named Plaintiffs Pedro Torres and Jorge Hurtado Jr. should be awarded || $5,000.00 each for their services to the Class. Plaintiffs submitted declarations stating that their || efforts included lending their names to the case, speaking with other workers about their || experiences and observations at Defendant facilities, providing photos, videos, and documents to || Class Counsel, communicating with Class Counsel throughout the entire litigation period, || reviewing Excel files produced by Defendant, participating in settlement discussions, and || reviewing the terms of the Settlement Agreement. The Court recognizes the efforts taken by the || named Plaintiffs on behalf of the Class and finds that this award is appropriate in light of their || contributions to the Class Members.

22 12. Class Counsel also request administration expenses to be paid out of the Settlement || fund for work performed by the Settlement Administrator, PSA. Based on the declaration || submitted by PSA in support of the Motion for Final Approval, the Court finds the administrator || has prepared, translated and mailed the Notice to Class Members, responded to inquiries from || Class Members, calculated the Net Settlement Amount and individual Settlement payments, will || issue and distribute checks to participating Class Members, and will issue payment to Class 28 [PROPOSED] ORDER GRANTING PLAINTIFFS’ REQUEST FOR ATTORNEYS’ FEES, COSTS, AND _ SERVICE AWARDS _ || Counsel for attorneys’ fees, costs, and service awards to named Plaintiffs, as well as perform other 2 as required for administration of the Settlement. The Court finds PSA’s expenses of || $44,750.00 to be appropriate.

5 || United States District Court for the Western District of Washington, IT IS SO ORDERED.

6 || Dated this Mh day of De Con\ , 2021.

9 Hon. James L. Robart United States District Judge 11 PRESENTED BY: Henry Avery WSBA # 54086 || ZWERLING, SCHACHTER & ZWERLING, LLP 1904 Third Avenue || Suite 1030 15 Seattle, Washington 98101 Telephone: (206) 223-2054 || Facsimile: (206) 343-9636 [email protected] Co-Counsel for Plaintiffs and the Proposed Class || [PROPOSEP} ORDER GRANTING PLAINTIFFS’ REQUEST FOR ATTORNEYS’ FEES, COSTS, AND SERVICE AWARDS Case No. 2:20-cv-01545-JLR