EFTA01372149.pdf

Page 34 2016 U.S. Dist. LEXIS 97188, * estimate, a reasonable percentage-of-recovery fee in this case would be between $1,900,000 and $13,500,000. The fee award sought by counsel and the lodestars calculated under Defendants' proposed New York-Philadelphia mean and fourth-quartile billing rates all fall within this range. For the second factor, the Court incorporates its Girsh analysis of Class member objections and notes that no Class members have objected to the proposed Class Counsel award. This factor weighs in p81] favor of fee approval. The Court also finds that the third and fourth, and sixth Gunter factors weigh in favor of approving a fee award within the ranges sought by Plaintiffs and Defendants. As discussed, Class Counsel spent 5,100 hours over three years litigating this case, survived a motion to dismiss, and obtained a fair and reasonable settlement in a complex, multi-state consumer class action involving uncertain legal issues. The fifth Gunter factor risk of nonpayment — weighs in favor of approving the award sought by Plaintiffs because Class Counsel undertook this case on a contingency basis and accepted the potential risk of non-payment. ECF No. 86 at 20-21. Finally, with regard to the sixth Gunter factor, the $2,230,000 award sought by Plaintiffs and Defendants' proposed lodestar calculations are similar to awards approved in similar cases. See, e.g, Henderson v. Volvo Cars of N. Am., LLC, 2013 U.S. Dist. LEXIS 46291, 2013 WL 1192479, at *13 (D.N.J. Mar. 22, 2013) (approving award of $3,000,000 in attorneys' fees in class action providing class members with reimbursements and warranty extensions in connection with alleged defects in automobile transmission systems); O'Keefe v. Mercedes-Benz USA, LLC, 214 F.R.D. 266, 304 (E.D. Pa. 2003) (approving award of $4,896,783 in attorneys' fees in class action involving allegedly defective rear lift- gate hatch in p821 automobiles). 4. The expenses sought by Plaintiffs are reasonable In further support of their petition for a $2,320,000 award, Plaintiffs submit that Class Counsel incurred a total of $133,358.30 in expenses. ECF No. 86 at 2.to "Counsel for a class action is entitled to reimbursement of expenses that were adequately documented and reasonably and appropriately incurred in the prosecution of the class action." In re Safety Components Intl, Inc., 166 F. Supp. 2d 72, 108 (3d Cir. 2001) (citing Abrams v. Lightolier, Inc., 50 F.3d 1204, 1225 (3d Cir. 1995)). Courts have held that photocopying expenses, telephone and facsimile charges, postage, and expert witness fees are all reasonably incurred in the prosecution of a large litigation. See id. (citing cases). 10 Again. Plaintiffs indicate that this amount has increased by $15549.32 since the filing of their motion for attorneys' fees and costs. see ECF No. 105 at 1. but the Court will perform its analysis using the 5133.358.30 number in the original motion. Plaintiffs submit expense reports through the Class Counsel declarations, breaking expenses down into categories such as "Filing/Misc. Fees," "Mediation Fees," "Postage," "Photocoyping," "Expert Fees," and "Transportation/Meals/Lodging." See, e.g., ECF No. 86-2 ¶ 11, Ex. 2 (Cafferty Globes Meriwether & Sprengel, LLP Expense Report r83] through March 21, 2016). Some firms provide itemized lists of individual expenses. See, e.g, ECF No. 86-3 Ex. 2 (Markun Zusman Frenier & Compton, LLP "Pre-bill" for Tom Monreal). Although Defendants challenge the level of detail provided by Plaintiffs and the For internal use only CONFIDENTIAL - PURSUANT TO FED. R. CRIM. P. 6(e) DB-SDNY-0065763 CONFIDENTIAL SDNY_GM_00211947 EFTA01372149