Opinion Approving Settlement - Public Interest Law Center of ...
Opinion Approving Settlement - Public Interest Law Center of ...
Opinion Approving Settlement - Public Interest Law Center of ...
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Case 2:94-cv-04048-ER Document 330 Filed 09/19/2005 Page 37 <strong>of</strong> 513. Do the administrative costs, includingattorneys fees, reflect the market value<strong>of</strong> the services performed and are theycommensurate with the results achieved?Under the <strong>Settlement</strong> Agreement, Plaintiffs’ counselwill receive $1,825,000 for attorneys’ fees and litigation costs.“In determining the appropriate amount <strong>of</strong> attorneys’ fees to bepaid to class counsel, the principal consideration is the successachieved by the plaintiffs under the terms <strong>of</strong> the settlement.”Schwartz, 157 F. Supp. 2d at 578; see also Prudential, 148 F.3dat 338 (“‘[N]umerous courts have concluded that the amount <strong>of</strong> thebenefit conferred logically is the appropriate benchmark againstwhich a reasonable . . . fee charge should be assessed.’”)(quoting Conte, 1 Attorney Fee Awards § 2.05, at 37).After litigating for over eleven years, Plaintiffsrepresent that the <strong>Settlement</strong> Agreement provides them “with aremedy that addresses virtually every form <strong>of</strong> relief that wasrequested in the Complaint.” (Joint Mot. for Final Approval <strong>of</strong><strong>Settlement</strong> Agreement at 56.) In their complaint, Plaintiffsrequested that PDE: (1) provide comprehensive development andtraining to regular and special education personnel concerningprovisions for supplementary aids and services to students withdisabilities in regular classrooms; (2) monitor local schooldistricts to determine whether they are improperly removing classmembers from regular education classrooms and whether the localschool districts are providing specialized instruction and37