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Home Court filings In re Plaid Inc. Privacy Litigation — N.D. Cal., No. 4:20-cv-03056-DMR Proposed Order — Plaid Privacy (Dkt. 157.2)

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Proposed Order — Plaid Privacy (Dkt. 157.2)

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A proposed order, Document 157-2 filed January 28, 2022 in In re Plaid Inc. Privacy Litigation, Master Docket No. 4:20-cv-03056-DMR, in the United States District Court for the Northern District of California, Oakland Division. The order is captioned as granting Plaintiffs' motion for attorneys' fees, reimbursement of expenses, and plaintiff service awards, it would grant Class Counsel fees of $14,500,000, stated to equal 25% of the $58 million common fund, with a lodestar of $4,406,158.50 for 5,650 hours through January 25, 2022 and a multiplier of 3.29. It would grant expense reimbursement of $115,920.21 and service awards of $5,000 for each of the eleven Class Representatives, a total of $55,000. The date line above the signature block for the United States Magistrate Judge is blank.

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“Proposed Order — Plaid Privacy (Dkt. 157.2).” Original at storage.courtlistener.com, No. 4:20-cv-03056-DMR, Doc. 157-2. Archived at Pandemic Darlings, https://pandemicdarlings.com/court-filings/full-docket-plaid-privacy-cand-359040/2022-01-28-gov-uscourts-cand-359040-157-2-doc-157-2/, SHA-256 4b9cacf58406ff8691a5aeb028b23f9483b6da375a51b402509db2a15ba7a134.

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     Case 4:20-cv-03056-DMR Document 157-2 Filed 01/28/22 Page 1 of 5



 1   HERRERA KENNEDY LLP                     LIEFF CABRASER HEIMANN &
     Shawn M. Kennedy (SBN 218472)           BERNSTEIN, LLP
 2
     skennedy@herrerakennedy.com             Michael W. Sobol (SBN 194857)
 3   Bret D. Hembd (SBN 272826)              msobol@lchb.com
     bhembd@herrerakennedy.com               Melissa Gardner (SBN 289096)
 4   4590 MacArthur Blvd., Suite 500         mgardner@lchb.com
     Newport Beach, CA 92660                 Michael K. Sheen (SBN 288284)
 5   Tel: (949) 936-0900                     msheen@lchb.com
     Fax: (855) 969-2050                     Nicholas R. Hartmann (SBN 301049)
 6
                                             nhartmann@lchb.com
 7   HERRERA KENNEDY LLP                     275 Battery Street, 29th Floor
     Nicomedes Sy Herrera (SBN 275332)       San Francisco, CA 94111-3339
 8   nherrera@herrerakennedy.com             Tel: (415) 956-1000
     Laura E. Seidl (SBN 269891)             Fax: (415) 956-1008
 9   lseidl@herrerakennedy.com
     1300 Clay Street, Suite 600             BURNS CHAREST LLP
10
     Oakland, CA 94612                       Christopher J. Cormier (Pro Hac Vice)
11   Tel: (510) 422-4700                     ccormier@burnscharest.com
     Fax: (855) 969-2050                     4725 Wisconsin Avenue, NW, Suite 200
12                                           Washington, DC 20016
     LIEFF CABRASER HEIMANN &                Tel: (202) 577-3977
13   BERNSTEIN, LLP                          Fax: (469) 444-5002
14   Rachel Geman (Pro Hac Vice)
     rgeman@lchb.com
15   250 Hudson Street, 8th Floor
     New York, NY 10013-1413
16   Tel: (212) 355-9500
     Fax: (212) 355-9592
17
     Co-Lead Class Counsel
18

19
                              UNITED STATES DISTRICT COURT
20                           NORTHERN DISTRICT OF CALIFORNIA
                                   OAKLAND DIVISION
21
     IN RE PLAID INC. PRIVACY              Master Docket No.: 4:20-cv-03056-DMR
22   LITIGATION
                                           [PROPOSED] ORDER GRANTING
23
                                           PLAINTIFFS’ MOTION FOR ATTORNEYS’
24                                         FEES, REIMBURSEMENT OF EXPENSES,
     THIS DOCUMENT RELATES TO:             AND PLAINTIFF SERVICE AWARDS
25   ALL ACTIONS

26

27

28
                                                        [PROPOSED] ORDER GRANTING PLAINTIFFS’
                                                                  MOTION FOR ATTORNEYS’ FEES
                                                                     CASE NO. 4:20-CV-03056-DMR
     Case 4:20-cv-03056-DMR Document 157-2 Filed 01/28/22 Page 2 of 5



 1          This matter is before the Court on Plaintiffs’ motion for attorneys’ fees, reimbursement of

 2   expenses, and plaintiff service awards. Having considered the motion, all exhibits and

 3   attachments thereto, the record in this matter, the briefs and arguments of counsel, and the briefs

 4   and arguments of objectors to the motion, IT IS HEREBY ORDERED as follows:

 5                                         ATTORNEYS’ FEES

 6          1.      The Court finds that Class Counsel are entitled to reasonable attorneys’ fees. In re

 7   Washington Pub. Power Supply Sys. Sec. Litig., 19 F.3d 1291, 1300 (9th Cir. 1994).

 8          2.      The Court finds that the percentage-of-recovery method of determining reasonable

 9   attorneys’ fees is appropriate here, where the settlement creates a common fund. See In re

10   Hyundai & Kia Fuel Econ. Litig., 926 F.3d 539, 570 (9th Cir. 2019); In re Bluetooth Headset

11   Prods. Liab. Litig., 654 F.3d 935, 942 (9th Cir. 2011). Class Counsel’s fee request of

12   $14,500,000 is equal to the Ninth Circuit’s benchmark of 25% of the $58 million common fund.

13   Paul, Johnson, Alston & Hunt v. Graulty, 886 F.2d 268, 272 (9th Cir. 1989).

14          3.      The Court has analyzed the reasonableness of Class Counsel’s fee request,

15   including by applying the non-exhaustive factors set forth in Vizcaino v. Microsoft Corp., 290

16   F.3d 1043 (9th Cir. 2002). First, the overall result and benefit to the Class from the Settlement

17   supports the requested fee because the amount of monetary relief provided to the Class here is

18   significant, particularly given that Class Members had no out-of-pocket damages, and the

19   settlement provides robust injunctive relief that will benefit the Class going forward. Second, this

20   case required skill and high quality work, which Class Counsel demonstrated throughout their

21   prosecution of this case. Class Counsel were appointed to lead this litigation because of their

22   qualifications, experience, and commitment to vigorously advocating on behalf of the Class.

23   Class Counsel’s substantial work on behalf of the Class involved, among other things: (1)

24   discovering the alleged misconduct; (2) investigating Plaid’s business practices and the Class’s

25   potential claims; (3) conducting legal research regarding and opposing Plaid’s motion to dismiss;

26   (4) opposing Plaid’s repeated attempts to stay discovery; (5) engaging in formal discovery with

27   Plaid, including a months-long meet and confer process that was necessary to push for relevant

28   documents and information; (6) seeking and obtaining valuable informal discovery from Plaid;
                                                                     [PROPOSED] ORDER GRANTING PLAINTIFFS’
                                                     -1-                       MOTION FOR ATTORNEYS’ FEES
                                                                                 CASE NO. 4:20-CV-03056-DMR
     Case 4:20-cv-03056-DMR Document 157-2 Filed 01/28/22 Page 3 of 5



 1   (7) negotiating a favorable settlement following nearly half a year of multiple mediation sessions

 2   and protracted, arms-length negotiations; and (8) fulfilling Class Counsel’s various

 3   responsibilities under the Settlement, including to seek preliminary and final approval of the

 4   Settlement, to oversee Notice administration, and to respond to Class Member inquiries. Class

 5   Counsel brought not only decades of experience in complex class action litigation, but also

 6   extensive subject matter knowledge that allowed them to successfully address the privacy

 7   breaches at issue, litigate novel and untested legal issues, and navigate and protect the critical

 8   privacy interests at issue in this case. Third, this case entailed significant risks, including risks

 9   related to certifying a class and prevailing on the merits of Plaintiffs’ claims. Unlike many class

10   actions, moreover, this case did not result from the public revelation of a data breach, government

11   investigation, or similar event, but was instead the product of Class Counsel’s own independent

12   investigation into Plaid’s technology and business practices, resulting in their assertion of novel

13   claims. Fourth, Class Counsel handled this case on a purely contingent basis and agreed to

14   advance all necessary expenses, to the exclusion of other fee-generating work, knowing that they

15   would receive a fee and be reimbursed their expenses only if they obtained meaningful relief on a

16   class-wide basis. Fifth, a review of fee awards in other common fund cases underscores the

17   reasonableness of the fees requested. See, e.g., Omnivision, 559 F. Supp. 2d at 1047; In re Mego

18   Fin. Corp. Sec. Litig., 213 F.3d 454, 463 (9th Cir. 2000), as amended (June 19, 2000); In re

19   Lenovo Adware Litig., No. 15-md-2624, 2019 WL 1791420, *8 (N.D. Cal. Apr. 24, 2019); In re

20   LinkedIn User Privacy Litig., 309 F.R.D. 573, 590–91 (N.D. Cal. 2015); Lusby v. GameStop Inc.,

21   No. 12-3783, 2015 WL 1501095, at *9 (N.D. Cal. Mar. 31, 2015); de Mira v. Heartland Emp’t

22   Serv., LLC, No. 12-4092, 2014 WL 1026282, at *4 (N.D. Cal. Mar. 13, 2014); Valentine v.

23   NebuAd Inc., No. C 08-05113 TEH (LB), 2011 WL 13244509, at *2 (N.D. Cal. Nov. 21, 2011);

24   Knight v. Red Door Salons, Inc., No. 08-1520, 2009 WL 248367, at *7–8 (N.D. Cal. Feb. 2,

25   2009).

26            4.     A lodestar cross-check further confirms that the requested fee is reasonable. See

27   Vizcaino, 290 F.3d at 1050. The lodestar is calculated by multiplying the number of hours

28   reasonably expended on the litigation by a reasonable hourly rate. Hensley, 461 U.S. at 433; Paul,
                                                                        [PROPOSED] ORDER GRANTING PLAINTIFFS’
                                                       -2-                        MOTION FOR ATTORNEYS’ FEES
                                                                                    CASE NO. 4:20-CV-03056-DMR
     Case 4:20-cv-03056-DMR Document 157-2 Filed 01/28/22 Page 4 of 5



 1   Johnson, Alston & Hunt v. Graulty, 886 F.2d 268, 272 (9th Cir. 1989). Class Counsel’s billing

 2   summaries comply with this Court’s guidelines for class action attorneys’ fee requests and

 3   contain sufficient detail for the Court to conduct a lodestar-based assessment. These summaries

 4   show that Class Counsel’s lodestar for work on this case through January 25, 2022 is

 5   $4,406,158.50, representing 5,650 hours of attorney and law firm staff time. The Court also finds

 6   that the time Class Counsel dedicated to prosecuting this action is reasonable, and that Class

 7   Counsel’s hourly rates are reasonable, in line with those prevailing in this District for similar

 8   services by lawyers of reasonably comparable skill, experience, and reputation.

 9          5.      The Court finds that Class Counsel’s fee request results in an acceptable multiplier

10   of Class Counsel’s lodestar. The benchmark 25% fee requested by Class Counsel reflects a

11   multiplier of 3.29 of Class Counsel’s lodestar, which “falls within the Ninth Circuit’s

12   presumptively acceptable range” of multipliers routinely approved in the Ninth Circuit and

13   elsewhere. Dyer v. Wells Fargo Bank, N.A., 303 F.R.D. 326, 334 (N.D. Cal. 2014) (citing

14   Vizcaino, 290 F.3d at 1051 & n.6). Thus, application of the lodestar multiplier cross-check

15   supports the reasonableness of Class Counsel’s requested fee.

16          6.      For the reasons discussed above, the Court concludes that the requested fee award

17   is reasonable, and GRANTS attorneys’ fees to Class Counsel in the amount of $14,500,000.

18                                       LITIGATION EXPENSES

19          7.      Class Counsel are entitled to reimbursement of reasonable out-of-pocket costs

20   advanced for the Class. See Fed. R. Civ. P. 23(h); 18 U.S.C. § 2520(b)(3); Paul, Johnson, 886

21   F.2d at 271. The Court finds that the expenses incurred in this litigation were reasonable and

22   necessary to the effective representation of the Class.

23          8.      Accordingly, the Court GRANTS Plaintiffs’ request for reimbursement of

24   litigation expenses in the amount of $115,920.21.

25                                          SERVICE AWARDS

26          9.      Service awards are “intended to compensate class representatives for work done on

27   behalf of the class [and] make up for financial or reputational risk undertaken in bringing the

28   action.” Rodriguez v. W. Publ’g Corp., 563 F.3d 948, 958 (9th Cir. 2009). “The Ninth Circuit has
                                                                       [PROPOSED] ORDER GRANTING PLAINTIFFS’
                                                      -3-                        MOTION FOR ATTORNEYS’ FEES
                                                                                   CASE NO. 4:20-CV-03056-DMR
      Case 4:20-cv-03056-DMR Document 157-2 Filed 01/28/22 Page 5 of 5



 1   repeatedly held that $5,000 is a reasonable amount for an incentive award.” Congdon v. Uber

 2   Techs., Inc., No. 16-02499, 2019 WL 2327922, at *9 (N.D. Cal. May 31, 2019) (collecting cases).

 3          10.     The Court finds that the requested services awards for each of the eleven Class

 4   Representatives are reasonable and appropriate. First, Class Representatives expended substantial

 5   time and effort in assisting Class Counsel with the prosecution of the Class’s claims, including by

 6   describing the details of their use of various fintech apps and interaction with the Plaid Link

 7   interface; by searching for, reviewing and providing documents and information relevant to the

 8   case; by preserving relevant documentation and evidence for discovery; and by staying abreast of

 9   events in the litigation and providing their opinions on the proposed settlement. Second, without

10   Class Representatives’ willingness to take on the burdens associated with filing and prosecuting

11   this action, no recovery would have been possible. Because of their efforts, Plaid has committed

12   to pay a total of $58,000,000 and agreed to substantial injunctive relief. Third, the Court finds that

13   the amount requested for service awards compares favorably to the size of the settlement fund.

14          11.     The Court therefore concludes that the requested service awards are reasonable

15   and GRANTS the requested awards of $5,000 for each of the eleven Class Representatives, for a

16   total of $55,000.

17

18   IT IS SO ORDERED.

19

20   Dated: _________________, 2022                ____________________________________
                                                   Hon. Donna M. Ryu
21                                                 United States Magistrate Judge
22

23

24

25

26

27

28
                                                                      [PROPOSED] ORDER GRANTING PLAINTIFFS’
                                                     -4-                        MOTION FOR ATTORNEYS’ FEES
                                                                                  CASE NO. 4:20-CV-03056-DMR


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