Strong v. Bellsouth Telecommunications, Inc.

173 F.R.D. 167, 1997 U.S. Dist. LEXIS 5756, 1997 WL 202104
CourtDistrict Court, W.D. Louisiana
DecidedMarch 12, 1997
DocketCivil Action No. 93-0999
StatusPublished
Cited by7 cases

This text of 173 F.R.D. 167 (Strong v. Bellsouth Telecommunications, Inc.) is published on Counsel Stack Legal Research, covering District Court, W.D. Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Strong v. Bellsouth Telecommunications, Inc., 173 F.R.D. 167, 1997 U.S. Dist. LEXIS 5756, 1997 WL 202104 (W.D. La. 1997).

Opinion

RULING

LITTLE, Chief Judge.

The parties jointly ask this court to approve a $1.5 million payment from defendant to plaintiffs’ counsel1 for attorneys’ fees and costs, adding to the $4.5 million previously awarded by other courts. The requested fee is grossly disproportionate to the results obtained by plaintiffs’ counsel. For the reasons that follow, the request for attorneys’ fees and costs is DENIED in its entirety.

As we previously approved the settlement of this matter in all respects except for attorneys’ fees and costs, our approval of the settlement is now final and this case is DISMISSED.

I. Procedural and Factual Background

Plaintiffs are five customers of defendant BellSouth Telecommunications, Inc. (“Bell-South”). Plaintiffs’ class action complaint alleged that they were duped into paying for a BellSouth inside wire service maintenance plan that they neither requested nor needed.

Plaintiffs’ counsel filed companion class action suits against BellSouth in Louisiana state court, the Southern District of Aa-bama. Alabama state court, the Southern District of Mississippi, Mississippi state court, and the Eastern District of Tennessee.

After a trial before a magistrate in the Eastern District of Tennessee resulted in a [169]*169hung jury, the parties reached a global settlement (hereafter the “Agreement”). Under the terms of the Agreement, a class member could claim a credit for his local telephone service over a 24-month period if the member selected to opt out of BellSouth’s inside wire maintenance service plan. The amount of the available credit varied by state: Louisiana and Mississippi, $0.80 a month; Alabama. $0.60 a month; and Tennessee, $0.50 a month. The Agreement provided for the creation of a $64.5 million common fund to pay the credits requested by class members. The Agreement also provided that BellSouth would pay an additional $6 million directly to plaintiffs’ counsel for fees and costs.

To be enforceable the Agreement required court approval in all four jurisdictions pursuant to Rule 23(e) of the Federal Rules of Civil Procedure. The Mississippi, Alabama and Tennessee federal courts approved the Agreement in whole. We rejected the Agreement after a full hearing and complete review, finding that the attorneys’ fees award was excessive.

Following further discussion with the parties and the amendment of the Agreement, on 4 January 1996 we approved the Agreement, except for the attorneys’ fees and costs. We retained jurisdiction to determine the quantum of compensation to be paid to plaintiffs’ counsel pertaining to the Louisiana litigation, and requested information concerning the distribution of class benefits in all states.

We have reviewed the supplemental information introduced by the parties concerning the value of the claims actually submitted by class members. The parties now request approval of the attorneys’ fees and costs payment pursuant to Rule 23(e).

Plaintiffs’ counsel seeks $6 million from BellSouth for costs and attorneys’ fees for the collective four-state litigation. Of this total, $4.5 million was previously approved by our sibling courts. We must decide if an additional payment of $1.5 million is reasonable. This amount represents the Louisiana share of the costs and fees, calculated by dividing the total fee request into four equal parts. Plaintiffs’ counsel did not differentiate costs and fees among the states because of the overlap in the suits.

II. Findings of Fact

This case settled after substantial discovery was conducted and after a trial on the merits in a companion Tennessee case resulted in a hung jury. It involved complex factual and legal issues, and the parties faced uncertainty as to how they would be resolved.

We find that counsel on both sides were competent and experienced in class action cases. Settlement negotiations were conducted without obvious collusion or fraud.

All class members were afforded the opportunity to opt out of the class. The opt out procedure was employed effectively by 498 class members.

Plaintiffs’ counsel claim to have expended nearly 21,000 hours and $652,546.98 in costs prosecuting this case in four states. Local Louisiana counsel expended an additional 218 hours. Counsel charged hourly rates of $175 for partners, $250 for trial counsel, and be exact, that record time and money employed by plaintiffs’ counsel. We have examined the records and have raised questions concerning some of the entries. Counsel have admitted that some of the submissions are in error. Nonetheless, we are not holding that the time employed is clearly compensable time. Assuming, but not deciding, that the time and cost recorded by plaintiffs’ counsel is accurate, we hold, for the reasons that follow, that plaintiffs’ counsel has been more than amply compensated from the funds they have received to date.

Pursuant to the terms of the Agreement, BellSouth retained a third party administrator, Garden City Group, Inc. (“GCG”), to assist in processing settlement claim forms. We find that GCG’s implementation of the claims process was in accordance with the Agreement. As set forth in the following “Valuation Table,” GCG mailed 4,224,552 claim forms to class members beginning on 15 March 1996. GCG received 180,314 claims before the 13 June 1996 deadline, a response rate of 4.3 percent. The maximum [170]*170value of the credit requests actually submitted by class members was $1,718,594.40.

Valuation Table of Inside Wire Maintenance

Service Plan Litigation Settlement

Alabama Louisiana Mississippi Tennessee Total

Forms Mailed 1,034,310 1,154,480 655,336 1,380,426 4,224,552

Total Claims Received 45,974 52,097 28,273 53,912 180,3142

Response Rate3 4.4% 4.5% 4.3% 3.9% 4.3%

Max. Credit $ 14.40 $ 19.20 $ 19.20 $ 12.00

Total Value of Potential Credits4 $14,894,064 $22,166,016 $12,582,451.20 $16,565,112 $66,207,643.20

Actual Credits5 28,253 31,407 17,054 31,775 108,489

Max. Value of Actual Credits6 $ 406,843.20 $ 603,014.40 $ 327,436.80 $ 381,300 $ 1,718,594.40

Total Cancels7 37,561 41,156 22,518 42,982 144,217

Plaintiffs’ counsel suggests that the class benefited in ways that are not reflected in the Valuation Table. We consider each contention in turn.

First, plaintiffs’ counsel contends that the class and the public have been educated as to the choices in inside wire maintenance service plans that exist. We find that class members did benefit from increased information about the market. Almost all the value of this information, however, is already accounted for in the credits and cancellations requested by class members. The additional intangible economic value of market education is reflected in the paltry response rate of the class. When educated of their options, most class members decided not to make a change. The collective response of the class demonstrates that the intrinsic value of the education provided by this litigation was picayune.

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Bluebook (online)
173 F.R.D. 167, 1997 U.S. Dist. LEXIS 5756, 1997 WL 202104, Counsel Stack Legal Research, https://law.counselstack.com/opinion/strong-v-bellsouth-telecommunications-inc-lawd-1997.