Wu v. Ferrovial Services Infrastructure Inc.
- William Orrick
- 3:20-cv-09447
- U.S. District Court · Northern District of California
- 2
In Wu v. Ferrovial Services Infrastructure Inc., Judge Orrick awarded $50,000 in fees, $10,787.41 in costs, and $2,500 to each of two class representatives.
The ruling affected plaintiffs’ counsel, the class representatives Jason Brunton and Brian Cooley, and the settlement fund.
What happened
In Wu v. Ferrovial Services Infrastructure Inc., the plaintiffs asked the court to approve attorneys’ fees, litigation costs, and incentive awards for class representatives after a settlement created a common fund.
The court found that $50,000 in attorneys’ fees—one-third of the common fund—was reasonable. It also found that plaintiffs’ counsel had shown reasonable billing rates and hours through a cross-check using the lodestar method, and that $10,787.41 in costs was fair and reasonable.
Judge William H. Orrick awarded $50,000 in attorneys’ fees and $10,787.41 in costs. He also approved incentive awards of $2,500 each for Jason Brunton and Brian Cooley.
The detailed version
- Wu v. Ferrovial Services Infrastructure Inc. · No. 3:20-cv-09447
- William Orrick
- Aug. 25, 2022
Background
The plaintiffs filed a motion seeking attorneys’ fees, costs, and incentive awards for class representatives. The court held a hearing on the motion on August 24, 2022, and considered the parties’ papers, evidence, and arguments.
The requested attorneys’ fee award was $50,000, which the opinion describes as one-third of the common fund created by the settlement. The plaintiffs also requested $10,787.41 in costs and incentive awards for Jason Brunton and Brian Cooley.
Court’s Analysis
The court found that the requested $50,000 fee was reasonable for a contingency fee in a class action. It cited decisions approving fees based on a percentage of a non-reversionary common fund.
The court also applied a lodestar cross-check. A lodestar is an estimate based on reasonable hourly billing rates multiplied by reasonable hours worked. The court found that the evidence supported reasonable billing rates and hours for the litigation.
The court further found that the requested costs of $10,787.41 were fair and reasonable.
Ruling
The court awarded $50,000 in attorneys’ fees and $10,787.41 in costs. It also approved incentive awards of $2,500 each for Jason Brunton and Brian Cooley. The order was signed by William H. Orrick, United States District Judge.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.