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28 [PROPOSED] ORDER AWARDING FEES AND EXPENSES

CASE NO. 17-CV-00373-LHK

412169.1 YAHOOSECURITIES 

POMERANTZ LLP 

Jeremy A. Lieberman (pro hac vice) 

Emma Gilmore (pro hac vice) 

600 Third Avenue 

New York, NY 10016 

Telephone: (212) 661-1100 

E-mail: jalieberman@pomlaw.com 

egilmore@pomlaw.com 

GLANCY PRONGAY & MURRAY LLP 

Joshua L. Crowell (295411) 

Vahe Mesropyan (307244) 

1925 Century Park East, Suite 2100 

Los Angeles, CA 90067 

Telephone: (310) 201-9150 

E-mail: jcrowell@glancylaw.com 

- additional counsel on signature page - 

UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF CALIFORNIA 

SAN JOSE DIVISION 

IN RE YAHOO! INC. SECURITIES 

LITIGATION 

THIS DOCUMENT RELATES TO: 

ALL ACTIONS 

Case No. 5:17-cv-00373-LHK 

CLASS ACTION 

[PROPOSED] ORDER AWARDING 

ATTORNEYS’ FEES AND 

REIMBURSEMENT OF LITIGATION 

EXPENSES 

Hon. Lucy H. Koh 

Case 5:17-cv-00373-LHK Document 107-1 Filed 08/02/18 Page 1 of 4
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28 [PROPOSED] ORDER AWARDING FEES AND EXPENSES

CASE NO. 17-CV-00373-LHK

 1 

412169.1 YAHOOSECURITIES 

This matter came on for hearing on September 6, 2018 (the “Settlement Hearing”) on CoLead Counsel’s motion for an award of attorneys’ fees and reimbursement of litigation expenses. 

The Court having considered all matters submitted to it at the Settlement Hearing and otherwise; 

and it appearing that notice of the Settlement Hearing substantially in the form approved by the 

Court was mailed to all Settlement Class Members who or which could be identified with 

reasonable effort, and that a summary notice of the hearing substantially in the form approved by 

the Court was transmitted over the PR Newswire pursuant to the specifications of the Court; and 

the Court having considered and determined the fairness and reasonableness of the award of 

attorneys’ fees and litigation expenses requested, 

NOW, THEREFORE, IT IS HEREBY ORDERED THAT: 

1. This Order incorporates by reference the definitions in the Stipulation and 

Agreement of Settlement dated March 2, 2018 (the “Stipulation”) (ECF No. 74) and all 

capitalized terms not otherwise defined herein shall have the same meanings as set forth in the 

Stipulation. 

2. The Court has jurisdiction to enter this Order and over the subject matter of the 

Action and all parties to the Action, including all Settlement Class Members. 

3. Notice of Co-Lead Counsel’s motion for an award of attorneys’ fees and 

reimbursement of litigation expenses was given to all Settlement Class Members who could be 

identified with reasonable effort. The form and method of notifying the Settlement Class of the 

motion for an award of attorneys’ fees and expenses satisfied the requirements of Rule 23 of the 

Federal Rules of Civil Procedure, the Private Securities Litigation Reform Act of 1995 (15 

U.S.C. § 78u-4(a)(7)), due process, and all other applicable law and rules, constituted the best 

notice practicable under the circumstances, and constituted due and sufficient notice to all 

persons and entities entitled thereto. 

4. Co-Lead Counsel are hereby awarded attorneys’ fees in the amount of _____% of 

the Settlement Fund (including interest accrued on the Settlement Amount), and 

$_______________ in reimbursement of Plaintiffs’ Counsel’s litigation expenses (which fees 

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[PROPOSED] ORDER AWARDING FEES AND EXPENSES

CASE NO. 17-CV-00373-LHK

412169.1 YAHOOSECURITIES 2 

and expenses shall be paid from the Settlement Fund), which sums the Court finds to be fair and 

reasonable. Co-Lead Counsel shall allocate the attorneys’ fees awarded in a manner which they, 

in good faith, believe reflects the contributions of such counsel to the institution, prosecution, 

and settlement of the Action. 

5. In making this award of attorneys’ fees and reimbursement of expenses to be paid 

from the Settlement Fund, the Court has considered and found that: 

a. The Settlement has created a fund of $80,000,000 in cash that has been 

funded into escrow pursuant to the terms of the Stipulation, and that numerous Settlement Class 

Members who submit valid Claim Forms will benefit from the Settlement that occurred because 

of the efforts of Co-Lead Counsel; 

b. The fee has been reviewed and approved as reasonable by Plaintiffs, 

sophisticated investors who actively supervised the Action; 

c. Copies of the Notice were mailed to over 773,140 potential Settlement 

Class Members and nominees stating that Co-Lead Counsel would apply for attorneys’ fees of 

25% of the Settlement Fund, reimbursement of Co-Lead Counsel’s litigation expenses in an 

amount not to exceed $750,000, and awards for Plaintiffs for their reasonable time in 

representing the Settlement Class in an amount not to exceed $275,000 in the aggregate; and no 

objections to the requested attorneys’ fees and expenses or requested awards to Plaintiffs were 

received; 

d. Co-Lead Counsel conducted the litigation and achieved the Settlement 

with skill, perseverance, and diligent advocacy; 

e. The Action raised a number of complex issues; 

f. Had Co-Lead Counsel not achieved the Settlement there would remain a 

significant risk that Plaintiffs and the other members of the Settlement Class may have recovered 

less or nothing from Defendants; 

g. Co-Lead Counsel devoted over 16,800 hours, with a lodestar value of 

approximately $7.2 million, to achieve the Settlement; and 

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[PROPOSED] ORDER AWARDING FEES AND EXPENSES

CASE NO. 17-CV-00373-LHK

412169.1 YAHOOSECURITIES 3 

h. The amount of attorneys’ fees awarded and expenses to be reimbursed 

from the Settlement Fund are fair and reasonable and consistent with awards in similar cases. 

6. Lead Plaintiff Ben Maher is hereby awarded $__________ from the Settlement 

Fund as reimbursement for his reasonable costs directly related to his representation of the 

Settlement Class. 

7. Lead Plaintiff Sutton View Partners LP is hereby awarded $__________ from the 

Settlement Fund as reimbursement for its reasonable costs directly related to its representation of 

the Settlement Class. 

8. Plaintiff Nafiz Talukder is hereby awarded $__________ from the Settlement 

Fund as reimbursement for his reasonable costs directly related to his representation of the 

Settlement Class. 

9. Any appeal or any challenge affecting this Court’s approval regarding any 

attorneys’ fees and expense application or awards to any of the Plaintiffs shall in no way disturb 

or affect the finality of the Judgment. 

10. Exclusive jurisdiction is hereby retained over the parties and the Settlement Class 

Members for all matters relating to this Action, including the administration, interpretation, 

effectuation or enforcement of the Stipulation and this Order. 

11. In the event that the Settlement is terminated or the Effective Date of the 

Settlement otherwise fails to occur, this Order shall be rendered null and void to the extent 

provided by the Stipulation. 

12. There is no just reason for delay in the entry of this Order, and immediate entry 

by the Clerk of the Court is expressly directed. 

SO ORDERED in the Northern District of California on _____________, 2018. 

THE HON. LUCY H. KOH 

UNITED STATES DISTRICT JUDGE 

Case 5:17-cv-00373-LHK Document 107-1 Filed 08/02/18 Page 4 of 4