In Re Omnivision Technologies, Inc. 04-CV-2297-Plaintiffs' Compendium
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3:04-cv-02297-SC Document 228 Filed 08/03/2007 Page 1 of 3 1 MILBERG WEISS LLP JEFF S. WESTERMAN (94559) 2 ELIZABETH P. LIN (174663) CHERYL A. WILLIAMS (193532) 3 MICHIYO MICHELLE FURUKAWA (234121) One California Plaza 4 300 South Grand Avenue, Suite 3900 Los Angeles, CA 90071 5 Telephone : (213) 617-1200 Facsimile : (213) 617-1975 6 Lead Counsel for Plaintiffs 7 GIRARD GIBBS LLP 8 DANIEL C. GIRARD (SBN 114826) JONATHAN K. LEVINE (SBN 220289) 9 AARON M. SHEANIN (SBN 214472) 601 California Street, Suite 1400 10 San Francisco, CA 94108 Telephone : (415) 981-4800 11 Facsimile : (415) 981-4846 12 Local Counsel for Plaintiffs 13 UNITED STATES DISTRICT COURT 14 NORTHERN DISTRICT OF CALIFORNIA 15 SAN FRANCISCO DIVISION 16 In re OMNIVISION TECHNOLOGIES, INC., Master File No. C-04-2297 SC 17 CLASS ACTION 18 This Document Relates To: PLAINTIFFS' COMPENDIUM OF 19 DECLARATIONS IN SUPPORT OF CASE NOS. 04-2297-SC; 04-2298-SC; 04-2385- 20 SC; 04-2410-SC; 04-2419-SC; 04-2425-SC; 04- APPLICATION FOR ATTORNEYS' 2433-SC; 04-2474-SC; 04-2514-SC; 04-2525-SC; FEES AND REIMBURSEMENT OF 21 04-2570-SC; and 04-4350-SC EXPENSES 22 DATE: September 7, 2007 23 TIME: 10:00 a.m. CTRM: 1, 17th Floor 24 JUDGE: Hon. Samuel Conti 25 26 27 28 COMPENDIUM OF PLAINTIFFS' COUNSEL'S DECLARATIONS IN SUPPORT OF AN AWARD OF ATTORNEYS' FEES AND REIMBURSEMENT OF EXPENSES. Master File No.: C-04-2297 SC DOCS\409597v1 3:04-cv-02297-SC Document 228 Filed 08/03/2007 Page 2 of 3 1 EXHIBITS 2 A. DECLARATION OF CHERYL A. WILLIAMS IN SUPPORT OF JOINT PETITION FOR ATTORNEYS' FEES AND EXPENSES FILED ON BEHALF OF MILBERG 3 WEISS LLP; 4 B. DECLARATION OF LEWIS KAHN IN SUPPORT OF JOINT PEITION FOR ATTORNEYS' FEES AND EXPENSES FILED ON BEHALF OF KAHN GAUTHIER 5 SWICK, LLC; 6 C. DECLARATION OF STEPHEN A. WEISS IN SUPPORT OF JOINT PETITION FOR ATTORNEYS' FEES AND EXPENSES FILED ON BEHALF OF SEEGER WEISS 7 LLP; 8 D. DECLARATION OF A.J. De BARTOLOMEO IN SUPPORT OF JOINT PEITION FOR ATTORNEYS' FEES AND EXPENSES FILED ON BEHALF OF GIRARD GIBBS 9 LLP; 10 E. DECLARATION OF CHARLES J. PIVEN IN SUPPORT OF JOITN PETITION FOR ATTORNEYS' FEES AND EXPENSES FILED ON BEHALF OF BROWER PIVEN, A 11 PROFESSIONAL CORPORATION; 12 F. DECLARATION OF THOMAS J. McKENNA IN SUPPORT OF JOITN PETITION FOR ATTORNEYS' FEE AND EXPENSES FILED ON BEHALF OF GAINEY & 13 McKENNA; and 14 G. DECLARATION OF FRANCIS M. GREGOREK IN SUPPORT OF JOINT PETITION FOR ATTORNEYS' FEES AND EXPENSES FILED ON BEHALF OF WORLF 15 HALDENSTEIN ADLER FREEMAN & HERZ LLP. 16 DATED: August 3, 2007 MILBERG WEISS LLP JEFF S. WESTERMAN 17 ELIZABETH P. LIN CHERYL A. WILLIAMS 18 MICHIYO MICHELLE FURUKAWA 19 20 21 Is/ Cheryl A. Williams CHERYL A. WILLIAMS 22 One California Plaza 23 300 S . Grand Avenue, Suite 3900 Los Angeles, CA 90071 24 Telephone : (213) 617-1200 25 Facsimile : (213) 617-1975 26 Lead Counsel for Plaintiffs 27 GIRARD GIBBS LLP 28 COMPENDIUM OF PLAINTIFFS' COUNSEL'S DECLARATIONS IN SUPPORT OF AN AWARD OF ATTORNEYS' FEES AND REIMBURSEMENT OF EXPENSES. - 1 - Master File No.: C-04-2297 SC DOCS\409597v1 3:04-cv-02297-SC Document 228 Filed 08/03/2007 Page 3 of 3 1 DANIEL C. GIRARD JONATHAN K. LEVINE 2 AARON M. SHEANIN 601 California Street, Suite 1400 3 San Francisco, CA 94108 Telephone: (415) 981-4800 4 Facsimile: (415) 981-4846 5 Local Counsel for Plaintiffs 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 COMPENDIUM OF PLAINTIFFS' COUNSEL'S DECLARATIONS IN SUPPORT OF AN AWARD OF ATTORNEYS' FEES AND REIMBURSEMENT OF EXPENSES. -2- Master File No.: C-04-2297 SC DOCS\409597v1 Case 3:04-cv-02297-SC Document 228-2 Filed 08/03/2007 Page 1 of 25 Exhibit A 3:04-cv-02297-SC Document 228-2 Filed 08/03/2007 Page 2 of 25 MILBERG WEISS LLP JEFF S. WESTERMAN (94559) 2 ELIZABETH P. LIN (174663) CHERYL A. WILLIAMS (193532) 3 MICHIYO MICHELLE FURUKAWA (234121) One California Plaza 4 300 South Grand Avenue, Suite 3900 Los Angeles, CA 90071 5 Telephone : (213) 617-1200 Facsimile : (213) 617-1975 6 Lead Counsel for Plaintiffs 7 GIRARD GIBBS LLP 8 DANIEL C. GIRARD (SBN 114826) JONATHAN K. LEVINE (SBN 220289) 9 AARON M. SHEANIN (SBN 214472) 601 California Street, Suite 1400 10 San Francisco, CA 94108 Telephone: (415) 981-4800 11 Facsimile: (415) 981-4846 12 Local Counsel for Plaintiffs 13 UNITED STATES DISTRICT COURT 14 NORTHERN DISTRICT OF CALIFORNIA 15 SAN FRANCISCO DIVISION 16 In re OMNIVISION TECHNOLOGIES, INC., Master File No. C-04-2297 SC 17 CLASS ACTION 18 This Document Relates To: DECLARATION OF CHERYL A. 19 WILLIAMS IN SUPPORT OF JOINT CASE NOS. 04-2297-SC; 04-2298-SC; 04- PETITION FOR ATTORNEYS' FEES AND 20 2385-SC; 04-2410-SC; 04-2419-SC; 04-2425- ) EXPENSES FILED ON BEHALF OF SC; 04-2433-SC; 04-2474-SC; 04-2514-SC; ) MILBERG WEISS LLP 21 04-2525-SC; 04-2570-SC; and 04-4350-SC ) DATE: September 7, 2007 22 TIME: 10:00 a.m. CTRM: 1, 17th Floor 23 JUDGE: Hon. Samuel Conti 24 25 26 27 28 ILBERG WEISS LLP DECL IN SUPP OF JOINT PETITION RE ATTYS' FEES & EXPENSES Master File No. C-04-2297 SC F DOGS\409561 v2 3:04-cv-02297-SC Document 228-2 Filed 08/03/2007 Page 3 of 25 1 I, CHERYL A. WILLIAMS, being first duly sworn, deposes and says: 2 1. I am a member of the law firm of Milberg Weiss LLP, Lead Counsel for the 3 Class. I submit this declaration in support of my firm's application for an award of attorneys' 4 fees in connection with services rendered in this case, as well as the reimbursement of expenses 5 incurred by my firm in connection with this litigation. 6 2. My firm acted as Lead Counsel in this class action. The tasks undertaken by my 7 firm can be summarized in detail in the Declaration of Jeff S. Westerman in Support of Final 8 Approval of Settlement; Approval of Plan of Allocation; and Award of Attorneys' Fees and 9 Expenses. 10 3. The schedule attached hereto as Exhibit 1 is a detailed summary indicating the 11 amount of time spent by the partners, attorneys and professional support staff of my firm who 12 were involved in this litigation, and the lodestar calculation based on my firm's current billing 13 rates. For personnel who are no longer employed by my firm, the lodestar calculation is based 14 upon the billing rates for such personnel in his or her final year of employment by my firm. The 15 schedule was prepared from contemporaneous, daily time records regularly prepared and 16 maintained by my firm, which are available at the request of the Court. Time expended in 17 preparing this application for fees and reimbursement of expenses has not been included in this 18 request. 19 4. I expect my firm to spend an additional 30-50 hours, which have not been 20 included in Exhibit 1, preparing for and attending the final approval hearing, addressing 21 shareholder opt-outs and objections, and consulting with the claims administrator to facilitate 22 settlement administration. 23 5. The hourly rates for the partners, attorneys and professional support staff in my 24 firm included in Exhibit 1 are the same as the regular current rates charged for their services in 25 non-contingent matters and/or which have been accepted and approved in other securities or 26 shareholder litigation. 27 28 ILBERG WEISS LLP DECL IN SUPP OF JOINT PETITION RE ATTYS' FEES & EXPENSES 1 Master File No. C-04-2297 SC DOCS\409561 v2 3:04-cv-02297-SC Document 228-2 Filed 08/03/2007 Page 4 of 25 1 6. The total number of hours expended on this litigation by my firm is 6,523.70 2 hours. The total lodestar for my firm is $2,412,290.75, consisting of $1,700,600.00 for 3 attorneys' time and $711,690.75 for professional support staff time. 4 7. My firm's lodestar figures are based upon the firm's billing rates, which rates do 5 not include charges for expense items. Expense items are billed separately and such charges are 6 not duplicated in my firm's billing rates. 7 8. As detailed in Exhibit 2, my firm has incurred a total of $548,325.77 in un- 8 reimbursed expenses in connection with the prosecution of this litigation. 9 9. The expenses incurred in this action are reflected on the books and records of my 10 firm. These books and records are prepared from expense vouchers, check records and other 11 source materials and represent an accurate recordation of the expenses incurred. 12 10. With respect to the standing of counsel in this case, attached hereto as Exhibit 3 is 13 a brief biography of my firm and attorneys in my firm who were principally involved in this 14 litigation. 15 I declare under penalty of perjury that the foregoing is true and correct. Executed this 3rd 16 day of August, 2007, at Los Angeles, California. 17 18 CHERYL-A. WILLIAMS 19 20 21 22 23 24 25 26 27 28 ILBERG WEISS LLP DECL IN SUPP OF JOINT PETITION RE ATTYS' FEES & EXPENSES 2 IMaster File No.