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efta-efta01372147DOJ Data Set 10CorrespondenceEFTA Document EFTA01372147
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Page 31
2016 U.S. Dist. LEXIS 97188, *
twelve separate states, though it accepts the number with hesitation. Plaintiffs'
submissions meet the Rode standard, providing "fairly definite information as to the hours
devoted to various general activities." Rode, 892 F.2d at 1190. As discussed, Plaintiffs
provide a breakdown, by attorney and paralegal, of the hours spent engaging in eleven
categories of legal work. See, e.g., ECF No. 86-2 Ex. 1. Plaintiffs also provide a
chronological description of the work performed, collectively, by Class Counsel, including
the investigation leading up to the drafting and filing of the first complaint, Plaintiffs'
response to Defendants' motion to dismiss, the drafting of amended complaints, continued
investigation and discovery, and the negotiations leading to this settlement. See ECF No.
86 at 7-10. However, Plaintiffs do not provide the specific dates of their services rendered,
as required by L. Civ. R. 54.2(a)(c).
Defendants argue, generally, that p731 Plaintiffs' application for fees is insufficient
because some courts within the Third Circuit have approved attorneys' fees based on
more detailed documentation than Plaintiffs submit here, including itemized, hourly billing
records for each attorney. ECF No. 90 at 3-4 (citing cases). Defendants argue specifically
that the Court should not accept Plaintiffs' aggregate submission of 1,225.5 hours of
billable work for "Analysis/Strategy/Meetings" without further documentation of the precise
number of meetings, dates, times, individuals present, and descriptions of "what was
actually done" at the meetings. ECF No. 90 at 6. The Court does not deny that Plaintiffs
could submit further documentation, and Plaintiffs have offered to submit detailed time
records for the Court's in camera review if so required. ECF No. 105 at 6. But "it is not
necessary" for the Court to "know the exact number of minutes spent nor the precise
activity to which each hour was devoted nor the specific attainments of each attorney" in
order to determine whether the number of hours billed was reasonable. Rode, 892 F.2d at
1190. In any event, as Plaintiffs suggest, "what was actually done" at these meetings likely
includes protected attorney r74] work product. ECF No. 105 at 9. The Court will not
require Plaintiffs to submit further documentation of their meetings.
Defendants also suggest that the 679.1 total hours of "Research" reported by Plaintiffs is
an unreasonable number because Class Counsel attorneys were already "presumably[ ]
intimately familiar' with the relevant issues in this matter, reducing their need to conduct
research. ECF No. 90 at 6-7. The Court agrees with Plaintiffs, however, that "[I]egal
research is part of the job." ECF No. 105 at 9. Particularly in a multi-state class action
involving federal and state law statutes, consolidated cases, a motion to dismiss, and an
amended complaint, Class Counsel is expected to conduct a significant amount of legal
research.
Given the lack of individual and task-based detail in Plaintiffs' billing summaries, the Court
finds that Plaintiffs' submission of 5,100.75 billable hours is reasonable but accepts the
number with some hesitation.
d. The billing rates submitted by Plaintiffs are high for the relevant community
To repeat, the average requested billing rate for Class Counsel attorneys is $664.15 per
hour, ECF No. 86-9 1128, with individual rates (including for paralegals) ranging p75] from
$150 to $1,100 per hour. See id. ¶ 30. Partners request a mean rate of $745 per hour,
while associates request a mean rate of $423 per hour. ECF No. 90 at 9-10. The Court
For internal use only
CONFIDENTIAL - PURSUANT TO FED. R. CRIM. P. 6(e)
DB-SDNY-0065760
CONFIDENTIAL
SDNY_GM_00211944
EFTA01372147
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