In Re Sony PS3 "Other OS" Litigation
- Yvonne Rogers
- 4:10-cv-01811
- U.S. District Court · Northern District of California
- 2
In Re Sony PS3 “Other OS” Litigation: Judge Rogers granted in part Susan Lindberg’s fee motion, awarding fees, costs, and an incentive payment.
Susan Lindberg, the class members, the settlement administrator, and class counsel.
What happened
In In Re Sony PS3 “Other OS” Litigation, objector Susan Lindberg asked for attorneys’ fees, costs, and an incentive award after opposing a proposed distribution of leftover settlement money.
The court said her opposition helped lead to a second distribution to class members with valid claims. It awarded $9,300 in attorneys’ fees, $106.42 in costs, and an additional $1,750 incentive award, bringing her total incentive award to $3,500.
Judge Yvonne Gonzalez Rogers granted the motion in part. The awards must be paid from remaining settlement funds before any payment to a cy pres recipient, with any unpaid balance taken from class counsel’s fee award.
The detailed version
- In Re Sony PS3 "Other OS" Litigation · No. 4:10-cv-01811
- Yvonne Rogers
- Oct. 25, 2019
Background
Susan Lindberg, identified as an objector in the class action, moved for attorneys’ fees, costs, and an incentive award. She had opposed a motion concerning distribution of leftover settlement funds. The court stated that her opposition contributed to its decision to order a second distribution to class members with valid claims.
Ruling
The court granted the motion in part. It awarded:
- $9,300 in attorneys’ fees, finding counsel’s requested hourly rate reasonable and 25 hours reasonably spent opposing the distribution motion and supporting a second distribution; - $106.42 in additional costs for FedEx and PACER fees; and - an additional $1,750 incentive award to Susan Lindberg, bringing her incentive award to $3,500, equal to the award to the named plaintiffs.
The court did not adopt the objector’s proposed reasoning for selecting a different cy pres recipient, and it found additional preparation or tracking time was not reasonably necessary to improve the class’s outcome.
Payment
The attorneys’ fees, costs, and incentive award must be paid first from any residual settlement funds remaining after the second distribution and payment of reasonable settlement-administration costs. The settlement administrator was ordered to pay Susan Lindberg $11,156.42 before making any cy pres payment. If the residual funds are insufficient, any remaining amount must be paid from class counsel’s fee award.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.