Patora v. Colgate-Palmolive Co.

Background

Jeannie Patora, Elizabeth Dixon, and Arnold Thomas filed a motion for attorneys’ fees, litigation costs, and service awards in connection with a class-action settlement. The court considered the settlement agreement, the motion, supporting declarations and exhibits, the absence of opposition or objections, and arguments presented at a hearing.

The court stated that the settlement agreement created a $1.925 million cash settlement fund for the settlement class. It also found that it had subject-matter jurisdiction under 28 U.S.C. §§ 1332 and 1367 and personal jurisdiction over the parties. The court adopted the settlement agreement’s definitions for purposes of the order.

Notice and Attorneys’ Fees

The court found that class counsel provided reasonable notice of the request for fees and expenses to potential class members. The notice complied with Federal Rule of Civil Procedure 23(h)(1) and due process, told class members that counsel could seek fees and costs of up to one-third of the settlement fund, and provided access to the full motion. Class members had an opportunity to object under Rule 23(h)(2), but no objections were made.

The court awarded class counsel $641,666.66 in attorneys’ fees. As of April 2024, class counsel had devoted approximately 740 hours to the litigation, with a lodestar—the time worked multiplied by the applicable hourly rates—of $579,844. The court found the requested fee fair, reasonable, and appropriate under the factors identified in Goldberger v. Integrated Resources, Inc. and applicable case law. The court stated that it had analyzed those factors at the April 25, 2024, final approval hearing and incorporated those findings into the order.

Costs and Service Awards

The court found that class counsel incurred $20,195.18 in litigation costs. It determined that the costs were reasonably incurred and necessary given the case’s complexity and scope, and ordered reimbursement from the settlement fund.

The court also approved a $1,000 incentive, or service, award for each of the three settlement-class representatives: Jeannie Patora, Elizabeth Dixon, and Arnold Thomas. The court based the awards on the risks they faced in bringing the lawsuit, the time and effort they spent, and the benefits they helped obtain for settlement-class members.

Ruling

Judge Vincent L. Briccetti granted plaintiffs’ motion for attorneys’ fees, litigation costs, and service awards. The order directed that the fees, costs, and service awards be paid and distributed according to the settlement agreement. It also directed class counsel to allocate the attorneys’ fees and expenses among counsel based on their judgment about each counsel’s contributions to prosecuting and settling the litigation.