Rougvie et al. v. Ascena Retail Group –
ED Pa. – Sept. 12, 2016
As
we found in our July 29, 2016 Opinion, Class Counsel performed extraordinary
work for the over 18.4 Million Class Members. Class Counsel is entitled to be
paid now for reasonable hours for their efforts on behalf of the Class Members
who selected immediate cash or a voucher.
But
when, as here, Class Counsel representing over 18.4 Million consumers in a
national consumer protection case largely based on state statutes submit time
records without adequate descriptions or otherwise do not contemporaneously
maintain time records, we must not approve funds allocated for Class Members to
pay for ambiguous uncertain services. We
provided Class Counsel three opportunities to clarify their services but still
cannot determine the benefit to the Class from several time entries. At this
initial hourly fee stage, we will not approve payment of all of the proffered
hourly billings without support to be paid from the Class recovery.
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