Judge: Randall J. Sherman, Case: 2019-01050427, Date: 2022-08-12 Tentative Ruling

The tentative ruling is to continue the hearing on plaintiff’s Motion for Final Approval of Class Action Settlement, Attorneys’ Fees, Costs and Enhancement to September 30, 2022 at 10:00 a.m.  Counsel must file supplemental papers addressing the court’s concerns (not fully revised papers that would have to be re-read) at least 16 days before the next hearing date.

An invoice from the Administrator is required to support its $6,000 fee request, as noted in the court’s ruling of December 3, 2021 granting preliminary approval of the settlement.

In ¶26 of the Declaration of Atoy H. Wilson, plaintiff’s counsel asserts that they have incurred costs to date of approximately $12,569.39, yet they seek reimbursement of costs not to exceed $17,000.00.  The court must approve a cost award in an exact amount, not a “not to exceed” amount, and the court will not award costs in an amount exceeding the amount of costs actually incurred.

There is no reason to have a separate Proposed Order and Proposed Judgment.  Plaintiff should submit one document, a Proposed Order and Judgment, to serve both purposes.

Plaintiff has not shown that he served the LWDA with his moving papers, or with Amendment Nos. 1 and 2 to the settlement agreement, which were signed in November 2021 and March 2022.  Plaintiff is ordered to give notice of the ruling to the LWDA and to defendant, to serve the LWDA with his original moving papers, any new papers filed for future hearings, and the amendments to the settlement agreement, and to file a proof of service showing such compliance at least 10 days before the next hearing date.