DOCSLIB.ORG

In Re Gilead Sciences Securities Litigation 03-CV-4999-Plaintiffs' Co

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
In Re Gilead Sciences Securities Litigation 03-CV-4999-Plaintiffs' Co 1 ROBBINS GELLER RUDMAN & DOWD LLP 2 SANFORD SVETCOV (36561) SUSAN K. ALEXANDER (124276) 3 Post Montgomery Center One Montgomery Street, Suite 1800 4 San Francisco, CA 94104 Telephone: 415/288-4545 5 415/288-4534 (fax) [email protected] 6 [email protected] — and — 7 DAVID J. GEORGE (admitted pro hac vice) ROBERT J. ROBBINS (admitted pro hac vice) 8 120 East Palmetto Park Road, Suite 500 Boca Raton, FL 33432 9 Telephone: 561/750-3000 561/750-3364 (fax) 10 [email protected] [email protected] 11 MILBERG LLP 12 JOSHUA H. VINIK (admitted pro hac vice) LORI G. FELDMAN (admitted pro hac vice) 13 ROSS BROOKS (admitted pro hac vice) One Pennsylvania Plaza KAPLAN FOX & KILSHEIMER LLP 14 New York, NY 10119 LAURENCE D. KING (206423) Telephone: 212/594-5300 350 Sansome Street, Suite 400 15 212/868-1229 (fax) San Francisco, CA 94104 [email protected] Telephone: 415/772-4700 16 [email protected] 415/772-4707 (fax) [email protected] [email protected] 17 Co-Lead Counsel for Plaintiffs Liaison Counsel for Plaintiffs 18 UNITED STATES DISTRICT COURT 19 NORTHERN DISTRICT OF CALIFORNIA 20 21 In re GILEAD SCIENCES SECURITIES ) Master File No. C-03-4999-SI LITIGATION ) CLASS ACTION 22 23 This Document Relates To: ) PLAINTIFFS' CO-LEAD COUNSEL'S ) NOTICE OF MOTION AND MOTION FOR ALL ACTIONS. ) AN AWARD OF ATTORNEYS' FEES AND 24 ) EXPENSES AND MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT 25 THEREOF 26 DATE: November 5, 2010 TIME: 10:30 a.m. 27 CTRM: The Honorable Susan Illston 28 577727_2 1 TABLE OF CONTENTS 2 Page 3 I. INTRODUCTION 1 4 II. AWARD OF ATTORNEYS' FEES 4 5 A. A Reasonable Percentage of the Fund Recovered Is the Appropriate Approach to Awarding Attorneys' Fees in Common Fund Cases 4 6 B. A Percentage Fee of 30% of the Fund Created Is Reasonable in This Case 6 7 1. The Result Achieved 6 8 2. A 30% Fee Award Is Consistent With Fees Awarded in Similar 9 Complex Class Action Litigation 7 10 3. The Attorneys' Fees Requested Are Fair and Reasonable in Light of the Contingent Nature of the Representation 10 11 4. The Risks of the Litigation and the Novelty and Difficulty of the 12 Questions Presented 11 13 5. The Skill Required and the Quality and Efficiency of the Work 15 14 III. COUNSEL'S EXPENSES ARE REASONABLE AND WERE NECESSARILY INCURRED TO ACHIEVE THE BENEFIT OBTAINED 16 15 IV. CONCLUSION 18 16 17 18 19 20 21 22 23 24 25 26 27 28 577727_2 PLAINTIFFS' CO-LEAD COUNSEL'S NOTICE OF MOTION & MOTION FOR AWARD OF - i - ATTORNEYS' FEES & EXPENSES & MEMO OF P'S & A'S IN SUPPORT THEREOF - C-03-4999-SI 1 TABLE OF AUTHORITIES 2 Page 3 CASES 4 Abrams v. Lightolier Inc., 50 F.3d 1204 (3d Cir. 1995) 5 16 6 Alaska Elec. Pension Fund v. Flowserve Corp., 572 F.3d 221 (5th Cir. 2009) 2 7 AUSA Life Ins. Co. v. Ernst & Young, 8 39 Fed. Appx. 667 (2d Cir. 2002) 11 9 Aviva Partners LLC v. Exide Techs., No. 3:05-cv-03098-MLC-LHG (D.N.J. June 23, 2009) 8 10 Behrens v. Wometco Enters., Inc., 11 118 F.R.D. 534 (S.D. Fla. 1988), aff'd, 899 F.2d 21 (11th Cir. 1990) 6 12 Blum v. Stenson, 13 465 U.S. 886 (1984) 5,9 14 Bratcher v. Bray-Doyle Indep. Sch. Dist. No. 42, 8 F.3d 722 (10th Cir. 1993) 16 15 Bryant v. Avado Brands, Inc., 16 100 F. Supp. 2d 1368 (M.D. Ga. 2000), rev 'd on other grounds and 17 remanded sub nom. Bryant v. Dupree, 252 F.3d 1161 (11th Cir. 2001) 12 18 Camden I Condo. Ass 'n v. Dunkle, 946 F.2d 768 (11th Cir. 1991) 5 19 Cent. R.R. & Banking Co. v. Pettus, 20 113 U.S. 116 (1885) 4,5 21 Churchill Vill., L.L.C. v. GE, 22 361 F.3d 566 (9th Cir. 2004) 12 23 Clark v. Lomas & Nettleton Fin. Corp., 79 F.R.D. 641 (N.D. Tex. 1978), vacated on other grounds, 24 625 F.2d 49 (5th Cir. 1980) 12 25 Florin v. Nationsbank, N.A., 34 F.3d 560 (7th Cir. 1994) 5 26 Goldstein v. MCI WorldCom, 27 340 F.3d 238 (5th Cir. 2003) 13 28 577727_2 PLAINTIFFS' CO-LEAD COUNSEL'S NOTICE OF MOTION & MOTION FOR AWARD OF - ii - ATTORNEYS' FEES & EXPENSES & MEMO OF P'S & A'S IN SUPPORT THEREOF - C-03-4999-SI 1 2 Page 3 Gottlieb v. Barry, 43 F.3d 474 (10th Cir. 1994) 5 4 Harris v. Intel Corp., 5 No. C-00-1528-CW(EMC), slip op. (N.D. Cal. July 15, 2003) 9 6 Harris v. Marhoefer, 7 24 F.3d 16 (9th Cir. 1994) 16 8 Hensley v. Eckerhart, 461 U.S. 424 (1983) 6 9 In re Activision Sec. Litig., 10 723 F. Supp. 1373 (N.D. Cal. 1989) 6 11 In re Adac Labs. Sec. Litig., 12 No. C-98-4934-MHP, slip op. (N.D. Cal. Sept. 18, 2000) 9 13 In re Aetna Inc. Sec. Litig., MDL No. 1219, 2001 U.S. Dist. LEXIS 68 (E.D. Pa. Jan. 4, 2001) 9 14 In re Apollo Group, Inc. Sec. Litig., 15 No. CV 04-2147-PHX-JAT, 2008 U.S. Dist. LEXIS 61995 (D. Ariz. Aug. 4, 2008), rev 'd, No. 08-16971, 2010 U.S. Dist. App. LEXIS 14478 (9th Cir. June 23, 2010) 16 11 17 In re Canadian Superior Energy Inc. Sec. Litig., No. 04-CV-02020(RO) (S.D.N.Y. Oct. 19, 2005) 9 18 In re CV Therapeutics, Inc., Sec. Litig., 19 No. C-03-3709 SI (N.D. Cal. Apr. 4, 2007) 8 20 In re GMC Pick-Up Truck Fuel Tank Prods. Liab. Litig., 55 F.3d 768 (3d Cir. 1995) 5 21 In re Heritage Bond Litig. v. US. Trust Co. of Tex., NA., 22 No. 02-ML-1475-DT(RCx), 2005 U.S. Dist. LEXIS 13627 23 (C.D. Cal. June 10, 2005) 9, 15 24 In re HI/FN, Inc. Sec. Litig., No. C-99-4531-SI, slip op. (N.D. Cal. May 20, 2003) 9 25 In re Ikon Office Solutions, Inc., Sec. Litig., 26 194 F.R.D. 166 (E.D. Pa. 2000) 9, 12 27 In re JDS Uniphase Corp. Sec. Litig., 28 No. C 02-1486 CW (EDL), 2007 WL 4788556 (N.D. Cal. Nov. 27, 2007) 11 577727_2 PLAINTIFFS' CO-LEAD COUNSEL'S NOTICE OF MOTION & MOTION FOR AWARD OF -jjj _ ATTORNEYS' FEES & EXPENSES & MEMO OF P'S & A'S IN SUPPORT THEREOF - C-03-4999-SI 1 2 Page 3 In re King Res. Co. Sec. Litig., 420 F. Supp. 610 (D. Colo. 1976) 6, 12 4 In re LaBranche Sec. Litig., 5 No. 03-CV-8201(RWS) (S.D.N.Y. Jan. 22, 2009) 8 6 In re LifeScan, Inc. Consumer Litig., 7 No. C-98-20321-JF, slip op. (N.D. Cal. Mar. 18, 2002) 9 8 In re MD.C. Holdings Sec. Litig., No. CV 89-0090 E (M), 1990 U.S. Dist. LEXIS 15488 (S.D. Cal. Aug. 30, 1990) 10 9 In re Mego Fin. Corp. Sec. Litig., 10 213 F.3d 454 (9th Cir. 2000) 9 11 In re Micro Focus Sec. Litig., 12 No. C-01-1352-SBA, slip op. (N.D. Cal. Dec. 17, 2002) 9 13 In re Old CCA Sec. Litig., No. 3:99-0458, 2001 U.S. Dist. LEXIS 21942 (M.D. Tenn. Feb. 9, 2001) 9 14 In re PETCO Animal Supplies, Inc. S 'holder Litig., 15 No. GIC 869399 (San Diego Super. Ct. Mar. 26, 2010) 8 16 In re Prestige Brands Holdings, Inc. Sec. Litig., 17 No. 7:05-cv-06924-CS (S.D.N.Y. Dec. 7, 2009) 8 18 In re Prudential-Bache Energy Income P 'ships Sec. Litig., No. 888, 1994 U.S. Dist. LEXIS 6621 (E.D. La. May 18, 1994) 10 19 In re Rite Aid Corp. Sec. Litig., 20 146 F. Supp. 2d 706 (E.D. Pa. 2001) 15 21 In re Secure Computing Corp. Sec. Litig., 22 No. C-99-1927-CW, slip op. (N.D. Cal. Nov. 19, 2002) 9 23 In re Sybase Inc. Sec. Litig., No. C-98-0252-CAL, slip op. (N.D. Cal. Sept. 29, 2000) 9 24 In re TeleTech Litig., 25 No. 1:08-cv-00913-LTS (S.D.N.Y. June 11, 2010) 8 26 In re Thirteen Appeals Arising out of the San Juan Dupont Plaza Hotel Fire Litig., 56 F.3d 295, 307 (1st Cir. 1995) 5 27 28 5777272 PLAINTIFFS' CO-LEAD COUNSEL'S NOTICE OF MOTION & MOTION FOR AWARD OF - iv - ATTORNEYS' FEES & EXPENSES & MEMO OF P'S & A'S IN SUPPORT THEREOF - C-03-4999-SI 1 2 Page 3 In re UICI Sec. Litig., No. 3:04-CV-1 149-P (N.D. Tex. Jan. 23, 2008) 8 4 In re Warner Commc'ns Sec. Litig., 5 618 F. Supp. 735 (S.D.N.Y. 1985), aff'd, 798 F.2d 35 (2d Cir. 1986) 14, 15 6 In re Wash. Pub. Power Supply Sys. Sec. Litig., 7 19 F.3d 1291 (9th Cir. 1994) passim 8 Johnston v. Comerica Mortgage Corp., 83 F.3d 241 (8th Cir. 1996) 5 9 Maley v. Del Global Techs. Corp., 10 186 F. Supp. 2d 358 (S.D.N.Y. 2002) 15 11 Miller v. Woodmoor Corp., 12 No.
Load more

Recommended publications
  • Alfred Newman Beadle Collection
    DESIGN AND THE ARTS SPECIAL COLLECTIONS ALFRED NEWMAN BEADLE COLLECTION Collection #: MS MSS 30 Location: DESIGN AND THE ARTS SPECIAL COLLECTIONS Drawings and Papers: 1950s-2000s No. of Items: 83 oversize folders and 6 boxes, c. 20 linear feet Biographical Note Alfred Newman Beadle V was born in St. Paul, Minnesota on September 23, 1927, the youngest child of Fred and Marie Beadle. He attended school in Minneapolis but did not graduate from high school. During World War II, he served with the U.S. Navy Construction Battalion, known as the Seabees, where his experience included building piers, working on the design of a command base, and constructing a hospital. Following the war, Beadle worked for his father’s commercial kitchen and restaurant contractor business designing kitchen layouts and receiving practical experience in design and construction. In 1948, he married Nancy Leland in Duluth, Minnesota. While living in Minneapolis, Beadle designed two houses. In 1951, Al, Nancy, and their son Steven moved to Phoenix, Arizona so that Al could continue to work for his father, who had recently moved there. Following the move to Phoenix, Beadle worked on a variety of commercial and residential projects, including the Paradise Gardens housing development and the Safari Resort in Scottsdale. As his business grew, Beadle developed a practice that involved all phases of the architectural and construction process, including financing, design, building, and sales. Beadle’s lack of an architectural license eventually led to a confrontation with the state of Arizona Board of Technical Registration. The situation improved in 1956 when Beadle began working with Alan Dailey, a respected east coast architect who had recently retired to Phoenix.
    [Show full text]
  • Appendix D - Securities Held by Funds October 18, 2017 Annual Report of Activities Pursuant to Act 44 of 2010 October 18, 2017
    Report of Activities Pursuant to Act 44 of 2010 Appendix D - Securities Held by Funds October 18, 2017 Annual Report of Activities Pursuant to Act 44 of 2010 October 18, 2017 Appendix D: Securities Held by Funds The Four Funds hold thousands of publicly and privately traded securities. Act 44 directs the Four Funds to publish “a list of all publicly traded securities held by the public fund.” For consistency in presenting the data, a list of all holdings of the Four Funds is obtained from Pennsylvania Treasury Department. The list includes privately held securities. Some privately held securities lacked certain data fields to facilitate removal from the list. To avoid incomplete removal of privately held securities or erroneous removal of publicly traded securities from the list, the Four Funds have chosen to report all publicly and privately traded securities. The list below presents the securities held by the Four Funds as of June 30, 2017. 1345 AVENUE OF THE A 1 A3 144A AAREAL BANK AG ABRY MEZZANINE PARTNERS LP 1721 N FRONT STREET HOLDINGS AARON'S INC ABRY PARTNERS V LP 1-800-FLOWERS.COM INC AASET 2017-1 TRUST 1A C 144A ABRY PARTNERS VI L P 198 INVERNESS DRIVE WEST ABACUS PROPERTY GROUP ABRY PARTNERS VII L P 1MDB GLOBAL INVESTMENTS L ABAXIS INC ABRY PARTNERS VIII LP REGS ABB CONCISE 6/16 TL ABRY SENIOR EQUITY II LP 1ST SOURCE CORP ABB LTD ABS CAPITAL PARTNERS II LP 200 INVERNESS DRIVE WEST ABBOTT LABORATORIES ABS CAPITAL PARTNERS IV LP 21ST CENTURY FOX AMERICA INC ABBOTT LABORATORIES ABS CAPITAL PARTNERS V LP 21ST CENTURY ONCOLOGY 4/15
    [Show full text]
  • Historical Resources Assessment
    C‐3 ‐ Historical Resources Assessment HISTORICAL RESOURCES ASSESSMENT REPORT AND IMPACTS ANALYSIS FOR THE PROPOSED 8150 SUNSET BOULEVARD MIXED USE PROJECT 8150 W. SUNSET BOULEVARD LOS ANGELES, LOS ANGELES COUNTY, CALIFORNIA Prepared for AG-SCH 8150 Sunset Boulevard Owner, L.P. 8899 Beverly Blvd., Suite 710 West Hollywood, California 90048 Prepared by Margarita J. Wuellner, Ph.D. And Amanda Y. Kainer, M.S. PCR Services Corporation 201 Santa Monica Boulevard, Suite 500 Santa Monica, CA 90401 September 2014 Table of Contents Page I. INTRODUCTION ................................................................................................................................................................... 1 A. Executive Summary ............................................................................................................................................................. 1 B. Project Site ............................................................................................................................................................................... 4 C. Project Description ............................................................................................................................................................... 4 D. Research and Field Methodology ................................................................................................................................... 7 II. REGULATORY FRAMEWORK ........................................................................................................................................
    [Show full text]
  • Follow the Money: Identifying The
    ABSTRACT Title of Thesis: FOLLOW THE MONEY: IDENTIFYING THE CUSTOM ARCHITECTURALLY DESIGNED BRANCH BANK Degree Candidate: Donna Jean Reiner Degree and Year: Master of Arts in Historic Preservation, 2009 Thesis Directed by: Roger A. Brevoort, M.S. Welch Center for Graduate and Professional Studies Goucher College This thesis breaks new ground through the identification and academic analysis of a mid-century modern building type that represents the history of nationwide banking practices and an evolving architectural form. Using Phoenix, Arizona as the backdrop, this research examines the origins and evolution of the Custom Architecturally Designed Branch Bank, a building type previously not studied in a scholarly manner. First, the research summarizes the history of banking and branch banking in the United States from its 18th century roots to 1975, highlights the styles and trends of bank architecture during that period, and focuses on specific examples in Phoenix. Second, the research looks at branch banks as a building type describing the characteristics of the Custom Architecturally Designed Branch Bank citing specific historical and culturally significant Phoenix examples. Resulting from this scholarly analysis is the argument that the Custom Architecturally Designed Branch Bank is a significant building type. Finally the research proposes strategies for preservation of these properties and provides Phoenix examples of successes and “lessons learned” from failures applicable nationwide. Included are suggested approaches for advocating preservation of the Custom Architecturally Designed Branch Bank after examining the threats for each site. ACKNOWLEDGEMENTS There were many people who assisted me in this thesis, in part by making sure that I looked at their favorite branch bank wherever I traveled over the past three years.
    [Show full text]
  • Sterling Hardson Redd, Jill D. Redd, His Wife; Paul Dutson and Donna Dutson, His Wife V
    View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by Brigham Young University Law School Brigham Young University Law School BYU Law Digital Commons Utah Supreme Court Briefs (1965 –) 1981 Stanley Martin Redd, Sheila M. Redd, His Wife; Sterling Hardson Redd, Jill D. Redd, His Wife; Paul Dutson And Donna Dutson, His Wife v. Western Savings & Loan Company : Reply Brief of Appellants Utah Supreme Court Follow this and additional works at: https://digitalcommons.law.byu.edu/uofu_sc2 Part of the Law Commons Original Brief submitted to the Utah Supreme Court; funding for digitization provided by the Institute of Museum and Library Services through the Library Services and Technology Act, administered by the Utah State Library, and sponsored by the S.J. Quinney Law Library; machine- generated OCR, may contain errors. Richard W. Giaque and James R. Holbrook; Attorneys for RespondentNeil R. Sabin; Attorney for Appellants Recommended Citation Reply Brief, Redd v. Western Savings & Loan, No. 17231 (Utah Supreme Court, 1981). https://digitalcommons.law.byu.edu/uofu_sc2/2421 This Reply Brief is brought to you for free and open access by BYU Law Digital Commons. It has been accepted for inclusion in Utah Supreme Court Briefs (1965 –) by an authorized administrator of BYU Law Digital Commons. For more information, please contact [email protected]. IN THE SUPRE:'1E COURT OF THE STATE OF UTAH STANLEY i-!ARTIN REDD, SHEILA M. ) REDD, his wife: STERLING HARDSON) REDD, JILL D. REDD, his wife: ) PAUL DUTSON and DONNA DUTSON' ) ) Plaintiffs-Appellants, ) ) Case No. 17231 vs. ) ) WESTERN SAVINGS & LOAN COMPANY ) ) Defendant-Respondent.
    [Show full text]
  • National Corporation for Housing Partnerships
    National Corporation for Housing Partnerships "The place a man lives is more than just another commodity, service or possession; it is a symbol of his status, an extension of his personality, a part of his identity, a determinant of many of the benefits - and disadvantages - of society that will come to him and his family: schooling, police protection, municipal serv­ ices, neighborhood environment, access (or lack of ac­ cess) to a hundred possibilities of life and culture." "Segments of the urban poor today know and feel their relative deprivation, in housing or in other regards, to an unprecedented degree. The overwhelming con­ trast of their own living condition with that of the wealthy majority is brought home everyday by modern means of communication." "There is a complex relation among the quality of housing, the behavior of people, the condition of a neighborhood, and the life of the poor." "These relationships are by no means simple. Better housing, alone, will not overcome all the ills of today's poverty, but better housing is one essential part of the effort to do so.,, From The Report of the President's Committee on Urban Housing, December 11, 1968 1 The President's Committee on Urban Housing believed Goal that American business should have a way to turn con­ cern for the nation's housing problems into commitment to solve them. The Committee recommended the adop­ of the tion of Title IX of the Housing and Urban Development Act of 1968. The National Corporation for Housing Part­ Housing nerships and the National Housing Partnership are the first organizations to be established by the President Partnership under the authority of this new law.
    [Show full text]
  • SPEED CODES – HI List of Keyboard Shortcuts & Macro Short Keys
    SPEED CODES – HI List of Keyboard Shortcuts & Macro Short Keys To use a speed code (macro key) in SoftPro Select, type the code then press the spacebar key. The description text auto-populates. Keyboard Shortcuts Key(s) Action F1 Open Help window to show topic related to the screen or field where your cursor is sitting F2 Clear field; restores default data - Open Contact screen from To-code field F5 - Refresh document in Preview mode F7 Spell check field F9 Open Lookup Table (when in a field identified as Lookup code) F11 Open Loan Funding Summary F12 Open Order Balance screen Esc Close screen Tab Advance to next field Page Down Open next screen in list Page Up Open previous screen in list Insert Open Add Requirement or Exception window Arrow Keys In a grid, advance field-to-field Down Arrow Key In a date field, enter today’s date if blank; otherwise advance to next month, day or year Alt + Open drop-down menu Alt + underlined letter Activate/select the item Alt + Page Down Move focus down to first screen in next screen group Alt + Page Up Move focus up to first screen in next screen group Alt + 0 Open Additional Title Charges screen Alt + 0176 Insert the degree (o) sign Alt + F Open SoftPro main menu (House icon) Alt + Shift + E Go To Commitment – Schedule A > Issued date/time field Ctrl + Insert Launch the Quick Add function on Schedule B1, B2 Also works on EIS screen Ctrl + Page Down Move right between open tabs (Start Page and open Orders) Ctrl + Page Up Move left between open tabs (Start Page and open Orders) Ctrl + 0 Open HUD Back
    [Show full text]
  • Federal Home Loan Bank Review
    FEDERAL HOME LOAN BANK Washington, November 1943 Digitized for FRASER http://fraser.stlouisfed.org/ Federal Reserve Bank of St. Louis * * * WORTH REPEATING HELICOPTER LAND^BOOM: ". mortgage should remain unpaid long WHAT THE POSTWAR SMALL Country land within a hundred-mile after its maturity pursuant to an order HOME WILL LOOK LIKE: Fact- radius of a big city, with its fresh air, under the Relief Act, the mortgagee Finders Associates' certified report. trees, birds and flowers, and a total would still be protected under the Factual guide to postwar planning con­ absence of crowding, will constitute insurance contract." taining detailed information as to the new suburban development area of Burton C. Bovard, FHA future builders' preferences in all General Counsel, Insured tomorrow; its value will skyrocket as Mortgage Porcfolio, Third phases of home building, equipment, thousands of helicopter owners seek Quarter 1943. and furnishings. Available at $5 per new home sites. SYSTEM: "We propose to maintain a copy from National Home-builders "The question of natural interest to dual system, because it provides our Bureau, Inc., 572 Madison Avenue, real estate investors will be this: the operations with a broader, safer base, New York 22, N. Y., or 2129 S Street area within a hundred-mile radius of with the insurance of checks and NW., Washington 8, D. C. any city is vast; which specific portions balances, and the unmeasured benefit of it will be in greatest demand on the of many interests and diverse expert THE OUTLOOK FOR DOMESTIC part of the home-buying public? minds converging on the same prob­ AIR TRANSPORT: 30-page pam­ Here are the factors which will de­ lems.
    [Show full text]
  • In Re: Thoratec Corporation Securities Litigation 04-CV-3168-Notice Of
    1 LERACH COUGHLIN STOIA GELLER RUDMAN & ROBBINS LLP 2 JEFFREY W. LAWRENCE ( 166806) BING Z. RYAN (228641 ) 3 100 Pine Street, Suite 2600 San Francisco, CA 94111 4 Telephone : 415/288-4545 415/288-4534 (fax) 5 [email protected] [email protected] 6 - and - WILLIAM S. LERACH (68581) 7 JEFFREY D . LIGHT (159515) BRIAN O . O'MARA (229737) FEDERMAN & SHERWOOD 8 655 West Broadway, Suite 1900 WILLIAM B . FEDERMAN San Diego, CA 9210 1 120 N. Robinson, Suite 2720 9 Telephone : 619/231-1058 Oklahoma City, OK 73102 619/231-7423 (fax) Telephone: 405/235-1560 1 0 [email protected] 405/239-2112 (fax) [email protected] wfederman@aol .com 11 bomara@lerachlaw .com 12 Co-Lead Counsel for Plaintiffs 13 UNITED STATES DISTRICT COURT 14 NORTHERN DISTRICT OF CALIFORNI A 15 SAN JOSE DIVISION 16 In re THORATEC CORP . SECURITIES Master File No. 5 :04-cv-03168-RMW LITIGATION 17 CLASS ACTION 18 This Document Relates To : NOTICE OF MOTION AND MEMORANDUM OF POINTS AND 19 ALL ACTIONS . AUTHORITIES IN SUPPORT OF LEAD COUNSEL'S MOTION FOR AN AWARD 20 OF ATTORNEYS' FEES AND REIMBURSEMENT OF EXPENSE S 21 DATE: November 17, 2006 22 TIME: 9 :00 a.m. COURTROOM : The Honorable 23 Ronald M. Whyte 24 25 26 27 28 1 1 TABLE OF CONTENTS 2 Page 3 1. INTRODUCTION . ..... .. .. .. .... .1 4 II. AWARD OF ATTORNEYS' FEES . .. .. ..... .. .. .. .... .4 5 A. The Legal Standards Governing the Award of Attorneys' Fees in Common Fund Cases Supports the Requested Award .... .. .. .. ...... 4 6 1 . A Reasonable Percentage of the Fund Recovered Is th e 7 Appropriate Approach to Awarding A ttorneys' Fees in Commo n Fund Cases .
    [Show full text]
  • President's Daily Diary Collection (Box 81) at the Gerald R
    Scanned from the President's Daily Diary Collection (Box 81) at the Gerald R. Ford Presidential Library -------------------------- ------ - -- - - - .­ NATIONAL ARCHIVES AND RECORDS SERVICE WITHDRAWAL SHEET (PRESIDENTIAL LIBRARIES) FORM OF DATE DOCUMENT CORRESPONDE-NTS OR TITLE RESTRICTION Daily Di ary 3/29/76 lac .c hed u l~ Daily Diary, Pa.e 1 (1 p.) 3/29/16 C(A) lb. 11 t Attendees at Presi dential Meeting (1 p.) 3/29/76 C(A) SANITI ZED COPY IN PILE President's Daily Diary Ribbron Copy BW ( Folder: 3/26-31/76 3/14/84 R ESTRICT ION CO DES THE WHITE HOUSE THE DAILY DIARY OF PRESIDENT GERALD R. FORD .. PLACE DAY BEGAN DATE (Mo., Day, Yr.) THE WHITE HOUSE MARCH 29, 1976 WASHINGTON, D.C. TIME DAY 7:12 a.m. MONDAY -PHONE ACTIVITY 7:12 The President had breakfast. 7:41 The President went to the doctor's office. 7:47 The President went to the Oval Office. 8:05 8:30 The President met with his Counsellor, Robert T. Hartmann. The President met with: 8:35 9:10 Richard B. Cheney, Assistant 8:40 8:50 James T. Lynn, Director of the Office of Management and Budget (OMB) and Assistant for Management and Budget 8:45 8:50 Paul H. O'Neill, Deputy Director of the OMB 9:10 9:20 The President met with his Counsellor, John O. Marsh, Jr. 9:20 10:20 The President met with: "-..-. Henry A. Kissinger, Secretary of State Donald H. Rumsfe1d, Secretary of Defense Lt. Gen. Brent Scowcroft, Assistant for National Security Affairs Mr.
    [Show full text]
  • Deal Flow Report
    UTAH DEAL FLOW REPORT 2015 Announcing a merger between confidence and value M & A is one of the quickest paths to growth. But it’s not always the surest. That’s why at PwC, we help you understand the risks in your transactions, so you can be confident that you are making informed strategic decisions. From your deal negotiations, to capturing synergies during integration, we help clients gain value. And ultimately, deliver this value to stakeholders. Like we’ve done for the majority of the top 50 global private equity and Fortune 100 companies. Leverage the experience of our global network of firms. For more information, contact: Ryan Dent at [email protected]/(801) 534 3883 or visit pwc.com/deals © 2016 PwC. All rights reserved. PwC refers to the PwC network and/or one or more of its member firms, each of which is a separate legal entity. Please see www.pwc.com/structure for further details. This content is for general information purposes only, and should not be used as a substitute for consultation with professional advisors. 153067-2016-MWCN Deal Flow Awards 2016 Ad.indd 1 3/18/2016 10:52:40 AM TABLE OF CONTENTS INTRODUCTION Introduction ...................................................................................................................................................................................................................3 Data Findings & Conclusions..................................................................................................................................................................
    [Show full text]
  • Lender Liability for Discoverable Structural Defects in New Tract Housing
    DePaul Law Review Volume 19 Issue 2 Winter 1969 Article 8 Torts - Lender Liability for Discoverable Structural Defects in New Tract Housing Michael O'Connor Follow this and additional works at: https://via.library.depaul.edu/law-review Recommended Citation Michael O'Connor, Torts - Lender Liability for Discoverable Structural Defects in New Tract Housing, 19 DePaul L. Rev. 394 (1969) Available at: https://via.library.depaul.edu/law-review/vol19/iss2/8 This Comments is brought to you for free and open access by the College of Law at Via Sapientiae. It has been accepted for inclusion in DePaul Law Review by an authorized editor of Via Sapientiae. For more information, please contact [email protected]. LENDER LIABILITY FOR DISCOVERABLE STRUCTURAL DEFECTS IN NEW TRACT HOUSING During the past decade the residential construction industry has under- gone substantial structural change. Many residential contractors today build housing developments of five hundred and more homes, whereas in 1950 the average contractor built only three or four homes per year.' Just as mass production techniques in the automotive industry, for exam- ple, have generated novel legal remedies,2 the marketing of housing on a massive scale has required an evolution in legal theory. In the sale of residential property, most states8 still adhere to the strict common law rule of caveat emptor, which provides that there is no implied warranty of freedom from structural defects in a conveyance of realty; the vendee accepts the property as is and assumes full responsibility for defects. 4 The plethora of exceptions to this rigid rule, however, has con- tinued to expand.5 Early exceptions to the rule were permitted in cases of fraud,0 on nuisance theories,7 and where particular use by the purchaser was intended to be or reasonably could be anticipated." More recently, several jurisdictions have explicitly asserted an implied warranty of hab- itability or good workmanship in the sale of new housing.9 A few states 1.
    [Show full text]