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Case No. 17-CV-00551-LHK 

CASE MANAGEMENT ORDER

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United States District Court

Northern District of California

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

SAN JOSE DIVISION

CHRISTINA GRACE, et al.,

Plaintiffs,

v.

APPLE, INC.,

Defendant.

Case No. 17-CV-00551-LHK 

CASE MANAGEMENT ORDER 

Re: Dkt. No. 429, 435

Plaintiffs’ Attorneys: Daniel Warshaw; Jill Manning; David Tejtel; Clifford Pearson; 

and Austin Curry

Class Representative: Ken Potter

Defendant’s Attorneys: Joshua Lerner and Eugene Novikov

On February 8, 2021, the Court held a hearing on Plaintiffs’ motion for final approval and 

Plaintiffs’ motion for attorneys’ fees. Plaintiffs’ counsel seek 30% of the gross settlement fund in 

attorneys’ fees. Accordingly, Plaintiffs’ counsel shall file the following information by February 

19, 2021:

• Billing records identifying time billed by task for the time entries specifically identified in 

Defendant’s opposition to the motion for attorneys’ fees, ECF No. 434 at 12–13. 

• Invoices for travel expenses (airfare, meals, lodging, and ground transportation).

• For Defendant’s opposition Appendix, ECF No. 434-6, Plaintiffs’ counsel shall file a chart 

that includes all entries that bill time solely for travel and provide a lodestar for that billed 

time. For the entries in which Plaintiffs’ counsel bill for travel and substantive work, 

Case 5:17-cv-00551-LHK Document 448 Filed 02/09/21 Page 1 of 2
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Case No. 17-CV-00551-LHK 

CASE MANAGEMENT ORDER

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United States District Court

Northern District of California

Plaintiffs’ counsel shall file billing records identifying time billed by task. Where 

Plaintiffs’ counsel claim they worked during travel, Plaintiffs’ counsel must identify hours 

and amounts billed to work during travel and the nature of that work. 

• Billing by task: A summary of billing split by the following categories of tasks: (1) case 

development; (2) the motion to dismiss; (3) discovery; (4) certifying the successful 

California class; (5) seeking an unsuccessful Rule 23(f) appeal of the Court’s class 

certification decision; (6) all work on litigating the unsuccessful classes (i.e., nationwide 

class and injunctive relief class); (7) expert witnesses; (8) summary judgment; 

(9) mediation and settlement; and (10) trial preparation. 

o For each category: (1) each biller’s name; (2) bar admission year; (3) title; (4) total 

hours billed on that category by year; (5) hourly rate for that year; (6) justification 

for that year’s billable rate; and (7) total lodestar by biller per year. 

o The discovery category should, if possible, be split into subcategories for (1) 

document review; (2) written discovery; (3) depositions; and (4) discovery motions.

Defendant may file a response to Plaintiffs’ counsel’s additional information by February 26, 

2021. Plaintiffs may file a reply by March 5, 2021. 

Moreover, to the extent Plaintiffs’ counsel has included in the lodestar time spent on the 

motion for attorneys’ fees, Plaintiffs’ counsel shall exclude that time from the lodestar. “Fees are 

not awarded for fee litigation in common fund cases because, rather than creating or preserving the 

common fund, the fee litigation actually depletes it.” Kinney v. Int'l Bhd. of Elec. Workers, 939 

F.2d 690, 694 n.5 (9th Cir. 1991); accord 5 Newberg on Class Actions § 15:93 (5th ed. Dec. 2020 

update) (collecting cases).

IT IS SO ORDERED.

Dated: February 9, 2021

______________________________________

LUCY H. KOH

United States District Judge

Case 5:17-cv-00551-LHK Document 448 Filed 02/09/21 Page 2 of 2