Savani v. URS Professional Solutions LLC

121 F. Supp. 3d 564, 61 Employee Benefits Cas. (BNA) 1923, 2015 U.S. Dist. LEXIS 101445, 2015 WL 4644463
CourtDistrict Court, D. South Carolina
DecidedAugust 4, 2015
DocketCivil Action No. 1:06-cv-02805-JMC
StatusPublished
Cited by19 cases

This text of 121 F. Supp. 3d 564 (Savani v. URS Professional Solutions LLC) is published on Counsel Stack Legal Research, covering District Court, D. South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Savani v. URS Professional Solutions LLC, 121 F. Supp. 3d 564, 61 Employee Benefits Cas. (BNA) 1923, 2015 U.S. Dist. LEXIS 101445, 2015 WL 4644463 (D.S.C. 2015).

Opinion

ORDER AWARDING ATTORNEY’S FEES, APPROVING COSTS AND NAMED PLAINTIFF INCENTIVE AWARD

J. MICHELLE CHILDS, District Judge.

This matter comes before the court on Plaintiffs’ Unopposed Motion for Approval of Supplemental Class Counsel Attorney’s Fees, Costs and Incentive' Awards for Named Plaintiff filed on May 21, 2015. (ECF No. 332.) The court conducted a hearing on these issues, under Fed. R.Civ.P. 23(c), on July 28, 2015. (ECF No. 339.) The court has reviewed the materials submitted by the parties and has heard arguments and evidence presented at the hearing. For the reasons cited herein and the evidence presented, the court finds and concludes as follows:

1. As a preliminary matter, this court has jurisdiction over the subject matter of this action, the parties, and the Class. Previously, Class Counsel moved, and this Honorable Court granted ah Order, awarding attorney’s fees to be paid from the litigation proceeds recovered for the Class and an incentive award for the Class Representative, Noorali “Sam” Sava-ni, who represented the Primary Class. As noted in the Order granting the prior award, the Partial Fee Settlement Agreement and Release did not cover claims for fees or costs incurred for the pending appeal of the Judgment as to the Subclass or proceedings post-appeal. (ECF No. 323.) The award for attorney’s fees for representing the Primary Class through a final Judgment was 39.57% of the settlement cash that had been deposited with Class Counsel. (ECF No. 323 ¶27 at 9.) Now the appeal for the Subclass is final, the case has been remanded to this court, and past due payments have been deposited for past due benefits with Class Counsel; so this application for additional supplemental attorney’s fees, costs, 'and an incentive fee for Robert P. Taylor, Jr., the named representative for the Subclass, is ripe for decision.

2. Notice of the requested award of attorney’s fees, cost reimbursement, and [568]*568Named Plaintiff incentive award was directed to Subclass members in a reasonable manner through first-class mailing to their most recent known addresses, on May-29, 2015 and complies with Fed.R.Civ.P. 23(h)(1).

3. All Subclass members who still have an interest in the motion as vested members1 in the pension plan at issue were given the opportunity to object to fees, costs and/or incentive awards in compliance with Fed.R.Civ.P. 23(h)(2). No Subclass member appeared or objected.

I. ATTORNEY’S FEES

4. An award of reasonable attorney’s fees is within the discretion of this court. Alexander S. v. Boyd, 113 F.3d 1373, 1390 (4th Cir.1997); Colonial Williamsburg Found. v. Kittinger Co., 38 F.3d 133, 138 (4th Cir.1994); Plyler v. Evatt, 902 F.2d 273, 277-78 (4th Cir.1990) (noting “review of the district court’s award is sharply circumscribed; we have recognized that because a district court has close and intimate knowledge of the efforts expended and the value of the services rendered, [the fee award] must not be overturned unless it is clearly wrong.”) (Internal quotation marks omitted).

5. Class Counsel has resolved with Defendants accrued claims for attorney’s fees under fee-shifting status of the Employee Retirement Income Security Act of Í974 (“ERISA”), 29 U.S.C. § 1132(g). Defendants have paid to Class Counsel the sum of $60,000.00 as memorialized in á' Partial Fee Settlement Agreement and Release which'was approved by this court (ECF No. 329). Additionally, Defendants have deposited into the escrow account of Plaintiffs’ Class counsel as past-due benefits with interest for those members of the Subclass due retroactive benefits the sum of $956,574.002. It is from this latter fund that Plaintiffs’ Class counsel seeks 39.57% as a percentage of the fund as attorney’s fees, the payment of costs, and an incentive fee for the Subclass representative.

A. Percentage Of The Fund,

6. For well over a century, the United States Supreme Court has recognized the “common, fund” exception to .the general rule that a litigant bears his ,or her own attorney’s fees. Trustees v. Greenough, 105 U.S. 527, 26 L.Ed. 1157 (1881). The rationale for the common fund principle was explained in Boeing Co. v. Van Gemert, 444 U.S. 472, 478, 100 S.Ct. 745, 62 L.Ed.2d 676 (1980), “that a litigant or a lawyer who recovers a common fund for the benefit of persons other than himself or his client is entitled to a reasonable attorney’s fee from the fund as a whole.”

7. Within this Circuit, the percentage-of-recovery approach is not only permitted, but is the preferred approach to determine attorney’s fees. See Goldenberg v. Marriott PLP Corp., 33 F.Supp.2d 434, 438 (D.Md.1998) (noting endorsement of pereentage-of-recovery method by several courts in the Fourth Circuit); In re Mi-crostrategy, [569]*569Inc. Sec. Litig., 172 F.Supp.2d 778, 786-87 (E.D.Va.2001); Strang v. JHM Mortgage Sec. Ltd. P’ship, 890 F.Supp. 499, 503 (E.D.Va.1995) (“the percentage method is more efficient and less burdensome than the traditional lodestar method,- and offers a more reasonable measure of compensation for common fund cases”); Jones v. Dominion Res. Servs., 601 F.Supp.2d 756, 760 (S.D.W.Va.2009).

8. The percentage-of-recovery method is appropriate where the- recovered funds confer a benefit on members of a. class. Boeing Co., 444 U.S. at 479, 100 S.Ct. 745; see also Teague v. Bakker, 213 F.Supp.2d 571, 584 (W.D.N.C.2002) (“an award of attorneys’ fees from a common fund depends on whether the attorneys’ specific services benefitted the fund — whether they tended to create, increase, protect or preserve the fund”).

B. Percentage of the Fund Method under ERISA.

9. Courts routinely grant attorney’s fees as a percentage-of-recovery where the common fund arose from the settlement of claims pursuant to ERISA, 29 U.S.C. §§ 1101 et seq. Staton v. Boeing Corp., 327 F.3d 938 (9th Cir.2003); In re Global Crossing Sec. & ERISA Litig., 225 F.R.D. 436, 469 (S.D.N.Y.2004) (noting thát “[c]ommon fund awards are appropriate in 401(k) and other ERISA class action litigation to the same extent as in any other type of litigation”); In re Unisys Corp. Retiree Med. Benefits ERISA Litig., 886 F.Supp. 445, 456 (E.D.Pa.1995) (noting “[a]n award of fees from [a common] fund would also further ‘the policy, underlying [ERISA], of providing both prospective plaintiffs and their attorneys an economic incentive to bring meritorious ERISA' cases’”) (quoting Bowen v. Southtrust Bank of Ala., 760 F.Supp. 889, 894 (M.D.Ala.1991)).

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121 F. Supp. 3d 564, 61 Employee Benefits Cas. (BNA) 1923, 2015 U.S. Dist. LEXIS 101445, 2015 WL 4644463, Counsel Stack Legal Research, https://law.counselstack.com/opinion/savani-v-urs-professional-solutions-llc-scd-2015.