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efta-01372145DOJ Data Set 10OtherEFTA01372145
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efta-01372145
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Page 28
2016 U.S. Dist. LEXIS 97188, *
Local Civil Rule 54.2, which governs attorneys' fee applications in "all actions in which a
counsel fee is allowed by the Court or permitted by statute," requires counsel to submit
affidavits or other documents along with their motion for attorneys' fees that set forth:
(1) the nature of the seances rendered, the amount of the estate or find in court. if any, the responsibility assigned, the
results obtained, any particular novelty or difficulty about the p641 matter, and other factors pertinent to the evaluation
of the services rendered;
(2) a record of the dates of services rendered;
(3) a description of the services rendered on each of such dates by each person of that firm including the identity of the
person rendering the service and a brief description of that person's professional experience:
(4) the time spent in the rendering of each of such services; and
(5) the normal billing rate of said persons for the type of work performed.
L.Civ. R. 54.2(a). Local Civil Rule 54.2(c) permits district courts to order that plaintiffs need
not provide one or more of the items in L. Civ. R. 54.2(a) in order to receive attorneys'
fees.
"After arriving at this lodestar figure, the district court may, in certain circumstances, adjust
the award upward or downward to reflect the particular circumstances of a given case."
Yong Soon Oh v. AT&T Corp., 225 F.R.D. 142, 146 (D.N.J. 2004). "All of these
calculations should be reduced to writing." Id. Courts frequently apply a "lodestar
multiplier," which "attempts to account for the contingent nature or risk involved in a
particular case and the quality of the attorneys' work" by increasing the attorneys' fee
awarded beyond the lodestar amount. Ins. Brokerage, 579 F.3d at 280 (quoting Rite Aid,
396 F.3d at 305-06). This multiplier "need not fall within any pre-defined range, provided
that [*65] the District Court's analysis justifies the reward." Id. (quoting Rite Aid, 396 F.3d
at 307).
a. Class Counsel billable hour and rate submissions
Plaintiffs calculate a lodestar amount of $3,387,328.75 for 5,100.75 hours of time
expended by attorneys and paralegals at nine Class Counsel law firms. ECF No. 86.6 ¶
29. In support of this calculation, Plaintiffs submit signed declarations from supervising
attorneys at each of the nine Class Counsel firms detailing (a) the billing rates for partners,
associates, and paralegals at the firm; (b) the total hours billed by each individual; (c) the
relevant experience of the firm and the billing attorneys; (d) a breakdown of the billable
hours by each partner, associate, and paralegal into eleven general categories of work,
and (e) a breakdown of expenses.. See ECF No. 86-6; Decl. Bryan L. Clobes in Support.
P. Mot. Attorneys' Fees, ECF No. 86-2; Decl. David S. Markun in Support. P. Mot.
Attorneys' Fees, ECF No. 86-3; Decl. Jeffery A. Koncius in Support. P. Mot. Attorneys'
Fees, ECF No. 86-4; Decl. John A. Yanchunis in Support. P. Mot. Attorneys' Fees, ECF
No. 86-5; Decl. Tina Wolfson in Support. P. Mot. Attorneys' Fees, ECF No. 86-7; Decl.
William J. Pinilis in Support. [*66] P. Mot. Attorneys' Fees, ECF No. 86-8.
4 The firms break down their work into: (1) "Analysis/Strategy/Attorney Meetings." (2) "Case Management." (3) "Court
Appearance." (4) "Discovery," (5) 'Document Review." (6) "Experts — Work or Consult." (7) "Client Meeting." (8) "Research." (9)
"Fact Investigationtevelopment." (10) "Readings/Motions,' and (11) "Settlement." See. e.g.. ECF No. 86-2 Ex. 1.
For internal use only
CONFIDENTIAL - PURSUANT TO FED. R. CRIM. P. 6(e)
DB-SDNY-0065757
CONFIDENTIAL
SDNY_GM_00211941
EFTA01372145
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