In re Volkswagen & Audi Warranty Extension Litigation

89 F. Supp. 3d 155, 2015 U.S. Dist. LEXIS 16646, 2015 WL 848312
CourtDistrict Court, D. Massachusetts
DecidedFebruary 10, 2015
DocketCivil Action No. 07-md-01790-WGY
StatusPublished
Cited by9 cases

This text of 89 F. Supp. 3d 155 (In re Volkswagen & Audi Warranty Extension Litigation) is published on Counsel Stack Legal Research, covering District Court, D. Massachusetts primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Volkswagen & Audi Warranty Extension Litigation, 89 F. Supp. 3d 155, 2015 U.S. Dist. LEXIS 16646, 2015 WL 848312 (D. Mass. 2015).

Opinion

[158]*158 MEMORANDUM AND ORDER

YOUNG, District Judge.

I. INTRODUCTION

Before the Court are numerous motions for attorneys’ fees and costs incurred in the course of a protracted multidistrict class action litigation, undertaken on behalf of a class of consumers (the “Class Plaintiffs”) who owned or leased certain Volkswagen Passat and Audi A4 vehicles. After settling their consolidated case against Volkswagen of America, Inc., Volkswagen AG, and Audi AG (collectively, the “Defendants”), the Class Plaintiffs moved for attorneys’ fees and expenses pursuant to their settlement agreement, and this offshoot of the underlying litigation ensued. Judge Joseph L. Tauro (“Judge Tauro”), then the presiding judge in this case, awarded $30,000,000 in fees to lead counsel for the Class Plaintiffs (“Class Counsel”), but the judgment was vacated by the 'First Circuit and remanded for further proceedings.

This Court’s task is to determine the appropriate fees and expenses (1) for Class Counsel’s work undertaken before Judge Tauro’s award, (2) for Class Counsel’s work undertaken after the award, and (3) for the work of other counsel representing subsets of the Class Plaintiffs (“Non-Class Counsel”) since the beginning of this litigation.

A. Procedural Posture

As the prior procedural history of this litigation has by now been recounted in several opinions, it will .be reviewed here with a primary focus on the attorneys’ fees motions pending before this Court. On August 29, 2006, the Judicial Panel on Multidistrict Litigation (“JPML”) ordered four statewide class actions pending in separate districts to be consolidated and transferred to the District of Massachusetts, pursuant to 28 U.S.C. § 1407. In re Volkswagen & Audi Warranty Extension Litig., 452 F.Supp.2d 1354, 1355 (J.P.M.L. 2006). The case was assigned to Judge [159]*159Tauro, id. at 1356, who ably managed the litigation and approved its settlement on March 24, 2011. Mem., Mar. 24, 2011 (“Final Settlement Approval”), ECF No. 271.

On the same day, Judge Tauro granted the Class Plaintiffs’ motion for attorneys’ fees and costs, Mot. Attys.’ Fees & Costs (“Class Counsel Motion for Attorney Fees”), ECF No. 174, awarding Class Counsel $30,000,000 in fees. See In re Volkswagen & Audi Warranty Extension Litig. {“In re VW (Original Award)”), 784 F.Supp.2d 35 (D.Mass.2011). On appeal, however, the First Circuit vacated the award and remanded on July-27, 2012, so that Class Counsel’s fees could be calculated in accordance with Massachusetts, not federal, law. See In re Volkswagen & Audi Warranty Extension Litig. (“In re VW (First Circuit)”), 692 F.3d 4 (1st Cir. 2012). The remanded case was reassigned to this Court on October 10, 2012, pursuant to Local Rule 40.1(k)(2). Elec. Notice, Oct. 10, 2012, ECF No. 344.

In addition to Class Counsel’s initial motion for attorneys’ fees and costs, other fees-related motions are pending before the Court. Class Counsel has filed a motion for additional attorneys’ fees and costs incurred after Judge Tauro’s original award. Mot. Add’l Attys.’ Fees & Costs, ECF No. 373; Class Counsel’s Br. Supp. Mot. Add’l Attys.’ Fees & Costs (“Class Counsel Add’l Fees Mem.”), ECF No. 374. Moreover, numerous motions for fees and costs from the beginning of this litigation have been filed by Non-Class Counsel:

(1)Shapiro Haber & Urmy LLP seeks fees and expenses for work it performed as liaison counsel to Class Counsel. Appl. Liaison Counsel Shapiro Haber & Urmy LLP Award Attorneys’ Fees & Reimbursement Expenses, ECF No. 371; see also Aff. Thomas G. Shapiro Supp. Liaison Counsel Shapiro Haber & Urmy LLP’s Appl. Award Attys.’ Fees & Reimb. Exps. (“Shapiro Aff.”), ECF No. 372.
(2) Jonathan Waller, who worked as an attorney at Campbell, Waller and Poer, LLC, Waller Law Office, PC, and Haskell Slaughter Young & Re-diker, LLC during his involvement in this litigation, seeks fees and expenses for the work he and his colleagues undertook at the direction of Class Counsel. Mot. Waller Firms Award Attys.’ Fees & Exps., ECF No. 378; see also Mem. Law Waller Firms Supp. Mot. Award Attys.’ Fees & Exps. (‘Waller Memorandum”), ECF No. 382.
(3) Chimicles & Tikellis LLP seeks fees and reimbursement of expenses for work they completed at the request of Class Counsel. Mot. Chimicles & Tikellis LLP Award Attys.’ Fees & Reimb. Exps., ECF No. 361; see also Mem. Law Supp. Mot. Chimi-cles & Tikellis LLP Award Attys.’ Fees & Reimb. Exps. (“Chimicles & Tikellis Memorandum”), ECF No. 362.
(4) Fox Rothschild LLP seeks fees and expenses for its work initiating and litigating a statewide class action in New Jersey, and for the work it undertook for Class Counsel after consolidation. Mot. Fox Rothschild LLP Award Attys.’ Fees & Reimb. Exps., ECF No. 367; see also Mem. Law Supp. Mot. Fox Rothschild LLP Award Attys.’ Fees & Reimb. Exps. (“Fox Rothschild Memorandum”), ECF No. 380.
(5) The four firms, Progressive Law, Reinhardt Wendorf & Blanchfield, Wayne, Richard & Hurwitz LLP, and Bock & Hatch, LLC, jointly seek fees and expenses for their [160]*160work representing a member of the Class Plaintiffs in the Northern District of Illinois and assisting Class Counsel. Mot. Yarkony’s Counsel Award Attys.’ Fees & Reimb. Exps. (“Yarkony Motion”), ECF No. 376; see also Mem. Law Supp. Yarkony Counsel’s Mot. Attys.’ Fees & Reimb. Exps. (“Yakorny Memorandum”), ECF No. 377.
(6) Resnick & Moss, P.C., a firm that served as co-counsel in an Illinois class action lawsuit which was eventually absorbed into this litigation, seeks fees and expenses for the work it undertook on behalf of its clients that benefited the entire Class. Resnick & Moss, P.C.’s Mot. Award Atty. Fees & Reimb. Exps. (“Res-nick & Moss Motion”), ECF No. 385; see also Mem. Supp. Resnick & Moss, P.C.’s Mot. Award Atty. Fees & Reimb. Exps. (“Resnick & Moss Memorandum”), ECF No. 386.
(7) Jackson & Tucker, Sacks & Weston, and Vaughan Law Group (collectively, “Jackson Counsel”), firms that initiated statewide class actions in Florida, Pennsylvania, and Illinois which were eventually absorbed into the present litigation, jointly seek an award of fees and expenses incurred since the beginning of their separate lawsuits. Jackson & Tucker, Sacks & Weston, & Vaughan Law Group’s Mot. Award Attys.’ Fees & Reimb. Exps., ECF No. 365; see also Jackson & Tucker, Sacks & Weston, & Vaughan Law Group’s Br. Supp. Mot. Award Attys.’ Fees & Reimb. Exps. (“Jackson Counsel Supplemental Brief’), ECF No. 366.
(8) Mark Schlachet and Brian Ruschel, attorneys who initiated a statewide class action in Ohio that was eventually absorbed into the present litigation, seek compensation for their efforts in Ohio and their contribution to this case’s settlement. Mot. & Appl.

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89 F. Supp. 3d 155, 2015 U.S. Dist. LEXIS 16646, 2015 WL 848312, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-volkswagen-audi-warranty-extension-litigation-mad-2015.