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STIPULATION AND [PROPOSED] ORDER REGARDING AWARD OF ATTORNEYS’ 

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Kevin J. McInerney, Esq. (SBN 46941) 

Kelly McInerney, Esq. (SBN 200017) 

Charles A. Jones, Esq. (SBN 224915) 

MCINERNEY & JONES

18124 Wedge Parkway #503 

Reno, NV 89511 

Telephone: (775) 849-3811 

Facsimile: (775) 849-3866 

Attorneys for Plaintiff Classes 

UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF CALIFORNIA 

VICKI WEST and WENDY FAGUNDES, 

individually and on behalf of all others similarly 

situated, 

Plaintiffs, 

 v. 

CIRCLE K STORES, INC., a foreign 

corporation 

 

Defendant. 

Case No. CIV.S-04-0438 WBS (GGH) 

STIPULATION AND [PROPOSED] 

ORDER REGARDING AWARD OF 

ATTORNEYS’ FEES 

Judge: Hon. William B. Shubb 

Courtroom No. 5 

Date: October 16, 2006 

Time: 1:30 p.m. 

Plaintiffs, by and through their counsel of record, Charles A. Jones and Defendant, by 

and through its counsel of record, Matthew Walsh, submit the following stipulation and 

[proposed] Order regarding the award of attorneys’ fees to class counsel. 

Whereas: On October 20, 2006 the Court granted final approval to the class action 

settlement in this case; 

Whereas: This case settled for the aggregate sum of Five Million Dollars ($5,000,000); 

Whereas: In its October 20, 2006 Order the Court granted class counsels’ application for 

an attorney fee award of 25% of the $5,000,000, settlement fund established for the classes. 

Specifically, on page 21, lines 9-13, the Court Ordered as follows: “In view of the diligent 

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STIPULATION AND [PROPOSED] ORDER REGARDING AWARD OF ATTORNEYS’ 

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efforts of counsel in a complex area of law and the favorable outcome obtained for class 

members, the court finds an award of twenty-five percent (25%) of the $5,000,000 common 

fund, to be an appropriate amount for attorneys’ fees.” 

Whereas: Twenty-five percent (25%) of $5,000,000 is $1,250,000. 

Whereas: The Court’s October 20, 2006 Order contained a typographical error regarding 

the amount of attorneys’ fees to be awarded to class counsel. Specifically, page 23, lines 23-

24 of this Court’s Order reads as follows: “plaintiffs’ application for attorneys’ fees in the 

amount of $1,225,000 ... are, Granted.” 

Whereas: Class counsel sought $1,250,000 in attorneys’ fees for this case. This sum 

represents twenty-five percent (25%) of the $5,000,000 common fund established for the 

classes. 

Whereas: Class counsel hereby requests the Court to clarify that the amount of 

attorneys’ fees awarded to class counsel should be $1,250,000. 

Whereas: Defendant does not oppose this request. 

Dated: November 7 , 2006 MCINERNEY & JONES

 

 By:_ /s/______________ 

 Charles A. Jones 

 Attorneys for Plaintiffs 

Dated: November 7 , 2006 DEWEY BALLANTINE LLP

 By:__/s/_________________ 

 Matthew Walsh 

 Attorney for Defendant 

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STIPULATION AND [PROPOSED] ORDER REGARDING AWARD OF ATTORNEYS’ 

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ORDER

Based on the foregoing stipulation of the parties, and a review of the this Court’s 

October 10, 2006 Order Re: Motion for Final Approval Of Class Action Settlement, Award 

of Attorneys’ Fees and Costs, and Additional Compensation to Named Plaintiffs, the Court 

has determined that the Order contained a typographical error on page 23, lines 23-24, 

regarding the amount of attorneys’ fees awarded to class counsel. Based on the foregoing, it 

is hereby ORDERED that class counsel be awarded $1,250,000 in attorneys’ fees. This sum 

represents twenty-five percent (25%) of the $5,000,000 common fund established for the 

classes. All other aspects of the Court’s October 10, 2006 Order shall remain unchanged. 

Dated: November 17, 2006 

 

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