Case: McDaniel v. Schenectady County

McDaniel v. County of Schenectady

McDaniel v. County of Schenectady

McDaniel v. County of Schenectady

McDaniel v. County of Schenectady

McDaniel v. County of Schenectady

McDaniel v. County of Schenectady

McDaniel v. County of Schenectady

McDaniel v. The County of Schenectady

McDaniel v. County of Schenectady

McDaniel v. County of Schenectady

DECISION and ORDER, The Motion for Final Approval of the Proposed Settlement is GRANTED in part and DENIED in part as follows: 1. The Settlement Class Representative, Lessie Davies, is entitled to and is hereby awarded a payment of $12,000.00, i n recognition of the efforts she undertook in connection with this lawsuit. William Davis, an individual who had planned to intervene in this action to assist class counsel, is hereby awarded an incentive award of $1,500.00 in addition to his pr o rata share of the settlement fund. Former Class Representative Nichole McDaniel will receive no incentive award. 2. All class members who have made claims on the settlement are entitled to receive their pro rata share of the settlement fund after administrative expenses, attorneys' fees and expenses, incentive awards and the amounts to be placed in escrow under Paragraph xiii of this Order are deducted from the fund. 3. Class Counsel's application for attorneys' fees is grante d in the amount of $343,744.50. Class Counsel's request for reinbursement of pre-settlement litigation expenses is granted in the amount of $10,053.31. The sum of $296,202.19 (the disputed amount of attorneys' fees) will be held in escrow by the Settlement Administrator. This amount will be deposited into an insured interest bearing escrow account entitled the "SCJ Settlement Attorneys' Fees Escrow Account," which will be maintained by the Settlement Adm inistrator, Rust Consulting. No attorney in this proceeding will have signature this account. One of the conditions of this account will be that no funds are allowed to be withdrawn from the account absent an order of the court. The Settlement Adm inistrator will maintain the bank records for this account, and provide them to any party or the court on two business days' notice. 4. Administration expenses and costs are granted in the amount of $107,233.40. In the event that costs o f future administration are larger than this estimate, the court will entertain an application to have those sums deducted from the amounts held in escrow pending the completion of any appeals. 5. This action and all claims against the Settling def endants are dismissed with prejudice, but the court shall retain exclusive and continuing jurisdiction of the Action, all Parties, and Settlement Class Members, to interpret and enforce the terms, conditions and obligations of this Settlement Agreeme nt. 6. All Class members who have not timely filed an opt-out request are barred and enjoined from commencing and/or prosecuting any claim or action against the Defendants. Any Class member who has not timely filed a request to exclude themselves s hall be enjoined from initiating and/or proceeding as a class action in any forum. 7. The court will not authorize counsel fees to prosecute an appeal or otherwise provide any future compensation beyond the time expended throught the preparation of the proposed order currently before the court. Class counsel shall submit, within SEVEN DAYS of this order, the amount of attorneys' fees for the time expended for the final fairness hearing through the preparation of the proposed order currently before the court. See Dkt. No. 141. Signed by Judge Gary L. Sharpe on 11/5/2007. (jel, )

DECISION and ORDER, The Motion for Final Approval of the Proposed Settlement is GRANTED in part and DENIED in part as follows: 1. The Settlement Class Representative, Lessie Davies, is entitled to and is hereby awarded a payment of $12,000.00, i n recognition of the efforts she undertook in connection with this lawsuit. William Davis, an individual who had planned to intervene in this action to assist class counsel, is hereby awarded an incentive award of $1,500.00 in addition to his pr o rata share of the settlement fund. Former Class Representative Nichole McDaniel will receive no incentive award. 2. All class members who have made claims on the settlement are entitled to receive their pro rata share of the settlement fund after administrative expenses, attorneys' fees and expenses, incentive awards and the amounts to be placed in escrow under Paragraph xiii of this Order are deducted from the fund. 3. Class Counsel's application for attorneys' fees is grante d in the amount of $343,744.50. Class Counsel's request for reinbursement of pre-settlement litigation expenses is granted in the amount of $10,053.31. The sum of $296,202.19 (the disputed amount of attorneys' fees) will be held in escrow by the Settlement Administrator. This amount will be deposited into an insured interest bearing escrow account entitled the "SCJ Settlement Attorneys' Fees Escrow Account," which will be maintained by the Settlement Adm inistrator, Rust Consulting. No attorney in this proceeding will have signature this account. One of the conditions of this account will be that no funds are allowed to be withdrawn from the account absent an order of the court. The Settlement Adm inistrator will maintain the bank records for this account, and provide them to any party or the court on two business days' notice. 4. Administration expenses and costs are granted in the amount of $107,233.40. In the event that costs o f future administration are larger than this estimate, the court will entertain an application to have those sums deducted from the amounts held in escrow pending the completion of any appeals. 5. This action and all claims against the Settling def endants are dismissed with prejudice, but the court shall retain exclusive and continuing jurisdiction of the Action, all Parties, and Settlement Class Members, to interpret and enforce the terms, conditions and obligations of this Settlement Agreeme nt. 6. All Class members who have not timely filed an opt-out request are barred and enjoined from commencing and/or prosecuting any claim or action against the Defendants. Any Class member who has not timely filed a request to exclude themselves s hall be enjoined from initiating and/or proceeding as a class action in any forum. 7. The court will not authorize counsel fees to prosecute an appeal or otherwise provide any future compensation beyond the time expended throught the preparation of the proposed order currently before the court. Class counsel shall submit, within SEVEN DAYS of this order, the amount of attorneys' fees for the time expended for the final fairness hearing through the preparation of the proposed order currently before the court. See Dkt. No. 141. Signed by Judge Gary L. Sharpe on 11/5/2007. (jel, )

MEMORANDUM-DECISION AND ORDER. ORDERED that Keach's motion for recusal (Dkt. no. 182) is DENIED; and it is further ORDERED that Greagan's motion for sanctions (Dkt. Nos. 176-77) is DENIED; and it is further ORDERED that the court DECLINES to impose judicial sanctions pursuant to its order to show cause. Signed by Judge Gary L. Sharpe on 02/27/2009. (dpk)