The motion for final approval is not granted. Counsel shall appear. Analysis: The Court had been prepared to grant the motion for final approval and to sign the “corrected proposed” order with the following modifications:  The enhancements are reduced to $2,500 each.  The attorney’s fees are reduced to $73,500.  The attorney’s costs are reduced to $8,724.37. However, the plaintiff has now submitted a “second corrected proposed” order, which re-inserts language to the effect that the participating class members are bound by sections 5.01, 5.02, and 5.05 of the agreement. Unless the Agreement has been modified since the version attached to the declaration of Benowitz filed 3-7-18, section 5.02 requires the class members to covenant not to sue the defendants. (Pg. 22, ll. 3-4.) As pointed out in the tentative ruling of 4-4-18, that provision violates this Court’s CMO at section H.7. The attorney’s fees are reduced to reflect the multiple hearings required for both the motion for preliminary approval and the motion for final approval because plaintiffs’ counsel failed to comply with the Court’s CMO prior to the first hearings.

The costs are reduced to eliminate compensation for costs incurred regarding the second motion for preliminary approval, because that second motion would not have been necessary had counsel read and complied with the Court’s CMO. Both reductions are also justified by the loss of interest suffered by the class due to the delays occasioned by counsel’s repeated failures to comply with the Court’s CMO.