Motion-Secondary: DARIONA VELASQUEZ vs. COHEN-ESREY COMMUNITIES LLC

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                                CAUSE NO. DC-21-08215

DARIONA VELASQUEZ, On Behalf of                    §           IN THE DISTRICT COURT
Herself and A11 Others Similarly Situated,         §
                                                   §
         Plaintiff,                                §
                                                   §           68TH   JUDICIAL DISTRICT
V.                                                 §
                                                   §
COHEN-ESREY COMMUNITIES, LLC,                      §
                                                   §
         Defendant.                                §          DALLAS COUNTY, TEXAS

      [PROPOSED] ORDER GRANTING PLAINTIFF’S AND CLASS COUNSEL’S
     UNOPPOSED MOTION FOR CLASS COUNSEL’S LEGAL FEES AND COSTS

         On December 16, 2022, a hearing was held on Plaintiff‘s and Class Counsel’s Unopposed

Motion for Legal Fees and Costs (the “Motion”).

         The Parties have submitted their Stipulation and Settlement Agreement (“the Settlement”),

which this Court preliminarily approved on May 9, 2022 (the “Preliminary Approval Order”). In

accordance with the Preliminary Approval Order,        FLSA   Settlement Class Members and State

Common Law Settlement Class Members (collectively “Class Members”) have been given notice

of the terms of the Settlement and their rights, including the opportunity to object to the Settlement

and/or opt out   of the Settlement.

         Having received and considered the Settlement, the Motion for Final Approval of the

Settlement, this Motion, supporting papers filed by the Parties, and the evidence and argument

received by the Court at the final approval hearing on December 16, 2022, by means of this order

the Court   GRANTS the Motion and HEREBY ORDERS               and   MAKES DETERMINATIONS
as follows:

         The Court confirms as final the appointment of attorney Allen R. Vaught of the Vaught

Firm,   LLC as class counsel (“Class Counsel” or “Vaught”) for the FLSA Settlement Class, Final
FLSA    Settlement Class, State Common Law Settlement Class, and Final State Common Law

Settlement Class. Class Counsel has demonstrated that the billing rate sought Class Counsel is in

line with the market rate in the community for Class Counsel’s legal services and that Class

Counsel exercised billing judgment.

        The Court approves $500.00 per hour as a reasonable and customary rate for attorney

Vaught’s legal services. The Court finds that the lodestar incurred by Vaught representing Plaintiff

and the Class Members relative to this lawsuit and the Settlement is reasonable (134.9 hours *

$500.00 = $67,450.00 lodestar). The Court has considered the Johnson] factors and does not find

that any adjustment   of Class Counsel’s lodestar is warranted. However, the Court notes that Class

Counsel agreed to reduce legal fees to an amount not to exceed $30,346.96 pursuant to the

Settlement.

        Therefore, the Court finds that $30,346.96 should be paid from the Maximum Gross

Amount of the Settlement to Class Counsel for Class Counsel’s reasonable and necessary legal

fees.

        The Court also finds that $547.87 should be paid from the Maximum Gross Settlement

Amount of the Settlement to Class Counsel for Class Counsel’s reasonable and necessary costs.

        SO ORDERED.

        Date:                            ,   2022




                                                By:
                                                      Martin J. Hoffinan, District Judge
                                                      68th Judicial District Court
                                                      Dallas County, Texas


1
 Johnson v. Georgia Highway Express, 488 F.2d 714, 717-19 (5th Cir. 1974) abrogated on other
grounds by Blanchard v. Bergeron, 489 U.S. 87 (1989).
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Envelope ID: 70456091
Status as of 11/28/2022 8:54 AM CST

Case Contacts

Name            BarNumber   Email                    TimestampSubmitted      Status
ALLEN VAUGHT                avaught@txlaborlaw.com   11/25/2022 3:20:57 PM   SENT