In re Public Service Co. of Indiana Securities Litigation

125 F.R.D. 480, 1989 WL 41733
CourtDistrict Court, S.D. Indiana
DecidedDecember 22, 1988
DocketNo. IP 84-26-C
StatusPublished
Cited by2 cases

This text of 125 F.R.D. 480 (In re Public Service Co. of Indiana Securities Litigation) is published on Counsel Stack Legal Research, covering District Court, S.D. Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Public Service Co. of Indiana Securities Litigation, 125 F.R.D. 480, 1989 WL 41733 (S.D. Ind. 1988).

Opinion

MEMORANDUM ENTRY

NOLAND, District Judge.

This matter is before the Court for consideration of settlement and attorneys’ fees and expenses. The plaintiffs were previously certified as a class pursuant to Federal Rule of Civil Procedure 23. The dismissal of a class action must be approved by the Court, and notice of a proposed dismissal must be provided to all members of the class beforehand. Fed.R.Civ.P. 23(e). Pursuant to order of the Court, notice of settlement and hearing was mailed to affected parties, namely the current record shareholders of Public Service Company of Indiana (“PSI”). On December 20, 1988 the Court held a hearing on settlement regarding the details thereof and the award of attorneys’ fees, and provided an opportunity for objections thereto to be heard. At the hearing, no one objected to either the proposed settlement or the proposed award of attorneys’ fees.

I.

.Regarding the approval of the proposed settlement as submitted to the Court, the Court notes that settlements are in general strongly encouraged as a matter of sound public policy. Armstrong v. Board of School Directors, 616 F.2d 305, 312 (7th Cir.1980), Ransburg Electro-Coating Corp. v. Spiller & Spiller, Inc., 489 F.2d 974, 978 (7th Cir.1973). This is certainly true in class actions. Donovan v. Estate of Fitzsimmons, 778 F.2d 298, 307 (7th [482]*482Cir.1985).1 The necessary compromise in approving a settlement inherently prevents the trial court from conducting a trial and exploring the full merits of the issues presented. Patterson v. Stovall, 528 F.2d 108, 114 (7th Cir.1976). Rather, in assessing settlements the Court should consider

the strengths of the plaintiffs’ case on the merits measured against the terms of the settlement; the complexity, length, and expense of continued litigation; the degree of opposition to the settlement; the presence of collusion in gaining a settlement; the opinion of competent counsel as to the reasonableness of the settlement; and the stage of proceedings and the amount of discovery completed.

Donovan, supra, 778 F.2d at 308. Applying these factors to the case at bar, the Court finds that the proposed settlement as submitted is fair, reasonable and adequate to all involved parties.

Throughout the life of this litigation, it has been both vigorously prosecuted and aggressively defended by thoroughly competent counsel on all sides. Approximately four years have passed since the filing and consolidation of the complaints. Class certification was issued. Counsel undertook the necessary discovery, several key depositions were taken, and literally millions of documents were exchanged and reviewed. All sides represent that in order to proceed to trial, further discovery would be in order and the commencement of an actual trial is more than one to two years away. Such extension of the case would result in greater costs and expenses. The history of the case and counsel’s participation have been well documented by voluminous filings with the Court. All counsel represent that the settlement is fair; opportunities were presented for interested parties to object in court but no one so objected.

Therefore, the Court makes the following findings and orders. Class members are as described in paragraph 8(b) of the Stipulation, excluding all persons who timely filed a Request for Exclusion. The proposed settlement (as provided for by the Stipulation) is in all respects fair, adequate, reasonable and proper and in the best interests of the class members and is approved. Notice to the class members and members of the underwriter defendant class as required by Rule 23(e) of the Federal Rules of Civil Procedure has been given in an adequate and sufficient manner, complying in all respects with such Rule, including, but not limited to, the forms of notice and the methods of identifying and giving notice to the class members and members of the underwriter defendant class. Plaintiffs, class members and the named defendants shall consummate the Settlement according to the terms of the Stipulation.

This litigation is dismissed with prejudice as to the named defendants, each party to bear their respective costs, except as provided herein, and all claims, rights, demands and causes of action (whether class or individual in nature) which the plaintiffs and class members or any of them have or may have, or which have been or could have been asserted against defendants or any of them (or any of the other persons and entities mentioned in paragraph 8(c) of the Stipulation of Settlement) in connection with, arising out of, or any way related to any acts, failures to act, omissions, misrepresentations, facts, events, transactions, occurrences or other matters set forth, alleged, embraced or otherwise referred to in the litigation, including, without limitation, in the complaint and pretrial proceedings therein, including all claims for violations of federal, state, common or other law, are discharged and extinguished. Plaintiffs and each and every class member are permanently barred, either directly, derivatively, or representatively, from asserting against the named defendants (or any of the other persons and entities mentioned in paragraph 8(c) of the Stipulation) any [483]*483claim, right, demand or cause of action (whether class or individual in nature) in connection with, arising out of or in any way related to any acts, failures to act, omissions, misrepresentations, facts, events, transactions, occurrences or other matters set forth, alleged, embraced or otherwise referred to in the litigation, including without limitation in the complaint and pretrial proceedings therein, including all claims for violations of federal, state, common or other law.

II.

Regarding the approval of the requested attorneys’ fees from the common fund, the Court notes that determining reasonable attorneys’ fees is within the sound discretion of the trial court. Ohio-Sealy Mattress Manufacturing Co. v. Sealy Inc., 776 F.2d 646, 650 (7th Cir.1985); Mills v. Eltra Corp., 663 F.2d 760, 762 (7th Cir. 1981). Further, the recent discussion by a panel of the Seventh Circuit in Skelton v. General Motors indicates that the use of a lodestar and multiplier is a proper calculation of attorneys’ fees in a common fund recovery case, 860 F.2d 250 (7th Cir.1988), as attached to Plaintiffs’ Counsel’s Memorandum of Law in Support of Joint Petition of Plaintiffs’ Counsel for Attorneys’ Fees and Reimbursement of Litigation Costs and Expenses at Appendix B. The factors to consider in determining the reasonableness of a fee include

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Bluebook (online)
125 F.R.D. 480, 1989 WL 41733, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-public-service-co-of-indiana-securities-litigation-insd-1988.