United States District Court, D. Nevada
IN RE WESTERN STATES WHOLESALE NATURAL GAS ANTITRUST LITIGATION THIS DOCUMENT RELATES TO Arandell Corporation., et al. Xcel Energy Inc., et al. Heartland Regional Medical Center, et al.
ONEOK Inc., et al. Learjet, et al.
ONEOK, et al. NewPage Wisconsin System Inc. et al.
CMS Energy Resource Management Co., et al. Nos. 2:03-cv-01431-RCJ-PAL, 2:06-cv-00233-RCJ-PAL, 2:07-cv-00987-RCJ-PAL, 2:07-cv-01019-RCJ-PAL, 2:09-cv-00915-RCJ-PAL
[PROPOSED] ORDER AWARDING ATTORNEYS' FEES,
REIMBURSEMENT OF EXPENSES, AND INCENTIVE AWARDS
Robert C. Jonas United States District Judge
Court, having considered Plaintiffs' Motion for an Award
of Attorneys' Fees, Reimbursement of Expenses, and
Incentive Awards and supporting papers (the
"Motion"), and the complete record and files in the
above-referenced matters; and good cause appearing, hereby
Motion requests (1) reimbursement of 50% of counsel's
out-of-pocket litigation costs and expenses; (2) an award of
attorneys' fees of 32.8% of the Settlement Fund
(comprised of the Settling Defendants' settlement
payments of $42, 800, 000); (3) and incentive awards to each
of the named plaintiffs appointed as class representatives
for settlement purposes ("Settlement Class
Court finds that the amount of fees requested is fair and
reasonable under the percentage-of-recovery method.
attorneys' fees requested were entirely contingent upon
success. Plaintiffs' Counsel risked time and effort and
advanced costs and expenses with no ultimate guarantee of
Class Notice, sent to 3, 626 prospective Settlement Class
Members, and the Publication Notice, informed potential
Settlement Class Members that Plaintiffs' counsel would
be seeking fees in the amount of 32.8% of the Settlement
Fund, reimbursement of costs and expenses, and incentive
awards for the named plaintiffs in the actions listed on this
Order. The Court has been informed that no objections were
received from the Settlement Class to the interim fee
request, reimbursement of expenses, and payment of incentive
Court has considered the Motion and papers filed in support
thereof. Based upon these and other matters on record filed
in this action, the Court finds that the fee requested is
reasonable and proper, and that the costs and expenses
incurred by Plaintiffs' counsel were necessary,
reasonable, and proper.
Court finds that reimbursements of $840, 873.93 in
Learjet, $766, 813.50 in Heartland, and $1,
053, 919.10 in Arandell and NewPage, which
represent 50% of the expenses incurred by counsel through
August 31, 2016 are fair, reasonable, and proper.
Court finds that an attorney-fee award of 32.8% of the
Settlement Fund to Plaintiffs' Counsel is fair,
reasonable, and proper.
Court further finds that distributing incentive awards as
detailed below to each of the Settlement Class
Representatives is fair, reasonable, and proper.
IT IS HEREBY ORDERED:
$42, 800, 000 in settlements (the "Settlement
Fund") shall be allocated among the Kansas, Missouri,
and Wisconsin classes as follows: 32.92% to the Kansas Class,
19.13% to the Missouri Class, and 47.95% to the Wisconsin
Class. Applying these percentages, the Kansas Class shall
receive $14, 089, 760 before accounting for expenses, fees,
and incentive awards, the Missouri Class shall receive $8,
187, 640 and the Wisconsin Class shall receive $20, 522, 000
from the Settlement Fund.
Plaintiffs' Counsel shall be reimbursed for expenses in
the amounts of $840, 873.93 in Learjet, $766, 813.50
in Heartland, and $1, 053, 919.10 in
Arandell and NewPage.
Plaintiffs' Counsel are awarded attorneys' fees in
the amount of 32.8% of ...