Helfand v. Cenco, Inc.

519 F. Supp. 322, 1981 U.S. Dist. LEXIS 13613
CourtDistrict Court, N.D. Illinois
DecidedJune 30, 1981
DocketNos. 75 C 2227, 75 C 2506, 75 C 2981, 75 C 3394 and 76 C 1085
StatusPublished
Cited by3 cases

This text of 519 F. Supp. 322 (Helfand v. Cenco, Inc.) is published on Counsel Stack Legal Research, covering District Court, N.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Helfand v. Cenco, Inc., 519 F. Supp. 322, 1981 U.S. Dist. LEXIS 13613 (N.D. Ill. 1981).

Opinion

MEMORANDUM OPINION AND ORDER

CROWLEY, District Judge.

Plaintiffs, security holders of Cenco, Inc., brought these class actions to enforce rights created under federal securities regulations and common law charging that from 1970 to 1975 Cenco and several of its employees, along with other individuals, manipulated inventory and altered sales figures as part of a common plan to falsify Cenco’s financial position. Seidman & Seidman, Cenco’s auditors, has agreed to settle with the class for $3.5 million. The joint application for fees and costs before the court at this time has been submitted in conjunction with this settlement.1

The application has been filed on behalf of Sachnoff, Schrager, Jones, Weaver & Rubenstein, Ltd. (Sachnoff); Drinker, Biddle & Reath (Drinker); Kass, Goodkind, Wechsler & Labaton (Kass); and Booth, Lipton & Lipton (Booth). It covers the period from February 1, 1979 through June 15,1980.2 Sachnoff, which handled approximately 75% of the work covered in the application, requests a lodestar fee of $223,-362.50 in fees, and $24,783.32 in expenses. Drinker seeks a lodestar fee of $55,934.50 and $6,037.65 in expenses; Kass seeks a lodestar fee of $25,675.00 and $1,936.10 in expenses; and Booth seeks a lodestar fee of $63,007.50 and $4,916.82 in expenses. Sachnoff, Booth and Drinker seek reimbursement for paralegals, Sachnoff asking for $41,300.00, Booth asking for $1,802.50, Drinker asking $1,168, no firm requests a multiple for paralegal services.

In evaluating the reasonableness of this current petition the court recognizes that it has wide discretion to award attorneys’ fees in class actions, Ellis v. Flying Tiger Corp., 504 F.2d 1004 (7th Cir. 1972) and that this discretion is appropriately exercised whenever the efforts of counsel confer a substantial economic benefit on the class. Mills v. Electric Auto-Lite Co., 396 U.S. 375, 90 S.Ct. 616, 24 L.Ed.2d 593 (1970). The factors the court must consider in determining the appropriateness of the fees are: 1) the contingent nature of the class action; 2) the quality of legal services rendered; 3) the benefits derived by the class; and 4) the public service aspect of the litigation. In re Folding Cartons Antitrust Litigation, 84 F.R.D. 245 (N.D.Ill.1979). No one factor is decisive, Freeman v. Ryan, 408 F.2d 1204 (D.C.C.1968); all factors must be carefully weighed against the background of the many varied and complicated factors of the particular litigation, Simler v. Conner, 228 F.Supp. 127 (W.D.Okla.1964).

[326]*326 The starting point is computation of the actual time devoted to the litigation. National Treasury Employees Union v. Nixon, 521 F.2d 317 (D.C.Cir.1975). In ascertaining the reasonableness of the hours expended at any stage in the litigation, the trial judge must draw upon his own knowledge, experience and expertise regarding similar litigation. Whether there has been duplication of effort and delegation of routine work to paralegals who command a lesser hourly rate are also relevant factors in determining whether the time billed is reasonable. Johnson v. Georgia Highway Express, Inc., 488 F.2d 714 (5th Cir. 1974).

The docket sheet alone demonstrates that extensive work was completed during the time period covered in the application. As lead counsel points out, this phase of the litigation represents only 25% of the time period since this case was filed but consumes 40% of the civil docket. Moreover, even a quick perusal of the record reveals that the work accomplished was often time consuming, tedious and complex, requiring the taking of extensive depositions, re-examining of thousands of documents, the preparing of numerous trial witnesses and the drafting of discovery motions. Additionally the entire case was readied for trial, the firms of Sachnoff, Drinker and Booth each preparing different aspects of the case. Moreover the court does not rely solely on the docket sheet. The court is well aware, from first hand observation, the amount of time and effort expended.

This litigation involves one of the major corporate frauds in recent years. As this litigation progressed, counsel examined many thousands of documents, researched novel aspects of accountant liability, contribution and indemnification law and the calculation of the measure of damages. Counsel also developed unique methods of proof and of presenting damage calculations to the jury. Affidavits submitted in support of the joint fee application amply support counsel’s contention that at all times during the preparation of the case, duplicative efforts were avoided and pains were taken to keep the expenses at a minimum. The number of hours billed, when compared with the complexity of the litigation, leaves no doubt that the number of hours in the application is more than reasonable.

The next consideration is whether the hourly rates sought are fair. The rates requested range from $150 to $45 per hour for attorneys and $35 per hour for paralegals. Lead counsel requests $150 for his time. All the other partners in the four firms request up to $125 per hour. The billing rate requested for associates ranges from $100 to $45. Moreover, base rates similar to these have already been approved by this court for work done in this case.

Once the total number of hours and the hourly rate are calculated, these two numbers are multiplied to arrive at the lodestar rate, which constitutes the market value of counsel’s services, Merola v. Atlantic Richfield Co., 493 F.2d 292 (3rd Cir. 1974), it is then necessary to consider if the lodestar rate should be increased. The lodestar rate may properly be increased for several reasons. It may, for example, be increased if the litigation is legally and factually complex. Other factors which warrant an increase in the lodestar are the risks assumed in developing the case and the delay in the receipt of payment for services rendered. Lindy Brothers Builders, Inc. v. American Radiator & Standard Sanitary Corp., 487 F.2d 161 (3rd Cir. 1973). Arenson v. Board of Trade, 372 F.Supp. 1349 (N.D.Ill.1974).

Applying these factors to this case, it is clear from the magnitude and complexity of the litigation that the lodestar fee should be increased. First, although an extremely favorable settlement was finally reached between the class and Seidman, this settlement could not have been achieved if plaintiffs’ counsel had not thoroughly and painstakingly prepared for trial. In opting for the settlement, counsel had to weigh the substantial potential barriers to ultimate recovery had the jury returned a favorable verdict as well as analyze novel and uncertain issues in the three major areas of law, as they relate to accountant [327]*327liability, contribution, the theory of damages.

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Related

United Nuclear Corp. v. Allendale Mutual Insurance
709 P.2d 649 (New Mexico Supreme Court, 1985)
In Re Cenco Inc. Securities Litigation
519 F. Supp. 322 (N.D. Illinois, 1981)

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Bluebook (online)
519 F. Supp. 322, 1981 U.S. Dist. LEXIS 13613, Counsel Stack Legal Research, https://law.counselstack.com/opinion/helfand-v-cenco-inc-ilnd-1981.