Stagi v. National Railroad Passenger Corp.

880 F. Supp. 2d 564, 2012 WL 2581052, 2012 U.S. Dist. LEXIS 91897
CourtDistrict Court, E.D. Pennsylvania
DecidedJuly 3, 2012
DocketCiv. Action No. 03-5702
StatusPublished
Cited by3 cases

This text of 880 F. Supp. 2d 564 (Stagi v. National Railroad Passenger Corp.) is published on Counsel Stack Legal Research, covering District Court, E.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Stagi v. National Railroad Passenger Corp., 880 F. Supp. 2d 564, 2012 WL 2581052, 2012 U.S. Dist. LEXIS 91897 (E.D. Pa. 2012).

Opinion

MEMORANDUM

ANITA B. BRODY, District Judge.

Following nine years of class action litigation between named Plaintiffs Sharyn Stagi and Winifred Ladd and Defendant National Railroad Passenger Corporation (“Amtrak”), class counsel have brought before me a motion for final approval of proposed class action settlement (Doc. No. 139) and a petition for award of attorneys’ fees, reimbursement of expenses, and for special payments to named plaintiffs (Doc. No. 140).1 After holding a final fairness [568]*568hearing on June 25, 2012, I will now approve the final settlement agreement. I will also grant the request for attorneys’ fees, reimbursement of expenses and incentive awards for class representatives. The related Order Granting Final Approval of Class Action Settlement and Entering Final Judgment provides an overview of the approved agreement. Here, I will only address my approval of attorneys’ fees.

1. Background

Plaintiffs Sharyn Stagi and Winifred Ladd brought this civil action against Amtrak asserting that a company policy (“One Year Rule”) that requires all union employees to have one year of service in their current position before they will be considered for promotion has a disparate impact on female union employees in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e. The approved settlement agreement resolves all claims asserted by Plaintiffs and the members of the settlement class against Amtrak and will result in Amtrak’s permanent elimination of the One Year Rule as applied to union employees and a cash payment to the class of $1,990,000, less amounts for attorneys’ fees, expenses of litigation and settlement administration.

II. Attorneys’ Fees & Expenses

Class counsel request attorneys’ fees in the amount of $1,219,467.79, which represents twenty-seven percent of the minimum projected value of the settlement.2 Class counsel also seek reimbursement of litigation and settlement administration expenses in the amount of $180,582.08. The combined value of the requested fee award and reimbursement of expenses is $1,399,999.87. The mailed Notice of Certification of Settlement Class and Proposed Class Action Settlement informed the settlement class members that class counsel would seek an award of attorneys’ fees and expenses “in an amount that [would] not exceed $1,400,000.” No class member objected to any aspect of the proposed settlement agreement.

Federal Rule of Civil Procedure 28(h) states: “In a certified class action, the court may award reasonable attorneys’ fees and nontaxable costs that are authorized by law or by the parties’ agreement.” The proposed settlement agreement provides for the award of attorneys’ fees and expenses. Nonetheless, “a thorough judicial review of fee applications is required in all class action settlements.” In re Prudential Ins. Co. of Amer. Sales Practice Litig., 148 F.3d 283, 333 (3d Cir.1998) (quoting In re Gen. Motors Corp. Pick-Up Truck Fuel Tank Prods. Liab. Litig., 55 F.3d 768, 819 (3d Cir.1995)).

Courts generally use one of two methods for assessing requests for attorneys’ fees: the lodestar method or the percentage-of-recovery method. In re Prudential, 148 F.3d at 333. The former is “more commonly applied in statutory fee-shifting cases, and is designed to reward counsel for undertaking socially beneficial litigation in cases where the expected relief has a small enough monetary value that a percentage-of-recovery method [569]*569would provide inadequate compensation.” Id. The latter method is “generally favored in cases involving a common fund ....” Id. Either way, “it is sensible for a court to use a second method of fee approval to crosscheck its initial fee calculation.” In re Rite Aid Corp. Sec. Litig., 396 F.3d 294, 300 (3d Cir.2005). This case involves a common fund, and therefore the percentage-of-recovery method is appropriate.

1. Common Fund

“[I]n the traditional common fund situation ... the district court ... should attempt to establish a percentage fee arrangement agreeable to the Bench and plaintiffs counsel.” Report of the Third Circuit Task Force on Court Awarded Attorney Fees, 108 F.R.D. 237, 255 (1985). In order to make that determination, the Third Circuit has identified ten factors for the Bench to consider. These include:

(1) the size of the fund created and the number of beneficiaries, (2) the presence or absence of substantial objections by members of the class to the settlement terms and/or fees requested by counsel, (3) the skill and efficiency of the attorneys involved, (4) the complexity and duration of the litigation, (5) the risk of nonpayment, (6) the amount of time devoted to the case by plaintiffs’ counsel, (7) the awards in similar cases, (8) the value of benefits attributable to the efforts of class counsel relative to the efforts of other groups, such as government agencies conducting investigations, (9) the percentage fee that would have been negotiated had the case been subject to a private contingent fee arrangement at the time counsel was retained, and (10) any innovative terms of settlement.

In re Diet Drugs Prod. Liab. Litig., 582 F.3d 524, 541 (3d Cir.2009) (citing Gunter v. Ridgewood Energy Corp., 223 F.3d 190, 195 (3d Cir.2000); In re Prudential, 148 F.3d at 336-40). These Gunter/Prudential factors are not exhaustive, and a district court should consider “ ‘any other factors that are useful and relevant with respect to the particular facts of the case.’ ” In re Diet Drugs, 582 F.3d at 541 n. 34 (quoting In re AT & T Corp. Sec. Litig., 455 F.3d 160, 166 (3d Cir.2006)).

a. The Size of the Fund Created and the Number of Persons Benefitted

The settlement is for $1.99 million and injunctive relief worth a minimum estimated value of $2.5 million over the next four years.3 See Crawford Decl. (Doc. No. 140-3). The settlement class is estimated to have 5,383 current members. The elimination of the One Year Rule will also benefit future, unionized Amtrak employees.

In general, as the size of the settlement fund increases the percentage of the award decreases. See In re Prudential, 148 F.3d at 339. “The basis for this inverse relationship is the belief that ‘[i]n many instances the increase [in recovery] is merely a factor of the size of the class and has no direct relationship to the efforts of counsel.’ ” Id. (citing In re First Fid. Bancorporation Sec. Litig.,

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880 F. Supp. 2d 564, 2012 WL 2581052, 2012 U.S. Dist. LEXIS 91897, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stagi-v-national-railroad-passenger-corp-paed-2012.