court under the circumstances this is an appeal from an award of attorney's fees from the rd of three dollars rounds of class action settlement in lying litigation to any trusts pricing conspiracy involving optical  drives and this particular appeal involves a five million dollars which comes from the rd round of twenty five million dollars common bond and is represents a twenty percent from that amount and then question because i think this could now do support at least that is to me i think that's right the st two motions didn't say anything really about the c b i but in response to the objection believe class counsel did say our fee would have been x percent under the original fit and the district court knew that at the time of the  if i ask you now are you taking the position that judge the board was found by the original bit or taking the position so i don't think i twenty five million dollars aggregate with no cost and then turn around and collect fifty two million dollars and even expensive it should have been addressed under this guy you know the court should have contemplated what market rate is on the appeal of an award of attorneys to be by a district court judge who oversaw this litigation which was eight years pending this court has repeatedly instructed district courts to look at the totality of used circumstances in awarding attorney's fees and work in this case i think it's been extraordinarily difficult and i sat through with you through the highs and the low i know what were we and that's precisely the point here this is their court oversight dozens of hearings of discovery dispute interim order of the court that it had the if we inherit authority to modify at any time under rule fifty four dollars b which he had as one data point that he would have considered at the end of the case and that point w restructure that would have resulted in a lower fee is not responsible and the district court went to extraordinary lengths to review the factors that this court in rule twenty three instructs the court to consider the results achieved in the case whether i asked whether or not this would be the st occasion for a court to have struck my question is i didn't ask a very well i guess my my apologies should a fee bid be of this kind of factor that must be considered to the extent that there is one in the record and there was a request for bid made by the court i i think that it would be fair for this court to require the district court to consider that if the time under the totality of the circumstances  could consider your honor we thought at the time that he did have access to it it was submitted to the court we provided courtesy coppers in chambers at the time of the ark location to judge walker and from our perspective looking at the it was available as an entry so to the extent that he did not have access to it previously we were unaware of course when he did ask for a copy of it we provided i think within twenty four hours of the request took six months i think i think it took six months to get it filed according to the record that we have i don't think that's correct so we can look back but generally i was the one are you hearing on request for fees and the court requested us to provide it and it's my recollection it went fairly quickly to the court but i record audio and i you know these are some of the tip of the iceberg you know it may be that use maybe there was a courtesy copy delivered in person in chambers that could very well be you have to appreciate the vantage point that we have and i have spent some time i spent a lot of time in this case and i can well appreciate form your perspective submitting the st two motions for  would not have been perhaps it would have been reasonable to expect that the court would have been aware of the beards because they were filed their part of the docket six years earlier but they're part of the docket and yet you know courts do except filings under seal in different ways and it strikes me that this case is old enough it may have really been the old school paper version in a manila envelope delivered domenic and that because i think the record is quite clear without casting aspersions that well i just said as much in response to one of those question i think it's clear about the st two hearings that in response to objectors your friend came forward and said our fee would have been you know percentage x or percentage why not the grip but just the sort of bottom line percentage there is a little bit of a concern i have about your firm applying the grid differently in various representations that it's made that not hugely differently but there are there examples where because of the text of the grid the firm took components of settlements and plugged them and you know in this survey seem to average and there's other at least one other example where the firm took the lot and plugged it into the into the grid hands and then reporting different numbers are you aware of that those discrepancies so i mean i looked through the records to ensure that we had accurately reflected but the grade was and i believe at remember with that but i'm familiar with that there is at least one occasion where it was done differently and again it's not to cast aspersions on that i was just asking whether or not you would you are aware of that i think there's at least one i don't think it's a huge difference and i can appreciate how it may have happened i do think it's a bit of a granular point that i'm making i am just trying i'm just mindful as you are that at this point you know we have a lot of case passing at this point that the relationship is adversarial the court fairy duty and this is the feel you're here because we have the bid was still under seal so it does put the objectors and really one down you know a tough position to be responding here so hence my yes my question understood  and just to equate of that at the award the five million dollars reward that's before the court right now the court did have the opportunity to evaluate more in its totality and it had warned counsel that it was going to do this if you look bed itself an excerpt of record thirty one dollars of the public says the firm's proposal included costs there is a legal distinction for us between costs and expenses at the end of any case where we are victorious there's a tax taxation cost against the defendants and this is a very specific number of enumerated items there were allowed to have a taxation of costs that is separate then the expenses that were requested from seaboard wanted to change the prior to others he couldn't stand in an indicative ruling that he intended to take away the expenses from the prior to rounds but that's not what he did he in fact struck the six hundred and fifty thousand in expenses they were requested but a lot of the attorney's fees right and he might have thought they did he did such a good job that you were entitled to that money even if it wasn't call that were in front of him that he had sufficient information to avoid the fees and expenses that he did and just be well i have time getting to go question whether or not at this point it's true that th entire bit should be unsealed we certainly have no objection for that given that the at the time that we argued for the th there were still two remaining defendants there were been two and the quanta defendants where we argued summary judgment before this  offer to absorb costs he advocated for his entire time on the bench i think work or those opinions that he did look at that were reviewed by us evolved over time and i think took into account the individual circumstances of any case we might believe but the but the point is th comments sidestepping i think the point is what was meant at the time what offer was made not whether in finding but it really goes to judge last next point about whether the offer to is or expensive and it seems to me that that just for your edification it seems to me that the case the side that they're in the bid is illuminating on that point because i think both you can judge is why no they did they came to the same conclusion that we're discussing now about about expenses forces and say thanks again i can't give you both for traveling because i didn't travel but i'm going to commend you for helping us out