14 Nov 2023
Relvas v. Auxley Cannabis Group Inc.
- Case Date: July 11, 2023
- Parties involved: Plaintiff (class), Defendant, class counsel (including Morganti & Co., P.C.), Administrator (class counsel), Referee (David Robins)
I. Settlement Approval:
- Proposed settlement agreement dated July 11, 2023, between Plaintiff and Defendant.
- Settlement amount: $4,000,000, less fees, disbursements, expenses, and taxes.
- Plan of Allocation for pro-rata distribution of settlement funds.
- Class action period: November 12, 2018, to February 6, 2019.
- Extensive negotiation with experienced counsel.
- No opt-outs or objections to the proposed settlement.
- Proposed honorarium of $7,500 for the representative Plaintiff.
II. Fee Approval:
- Class counsel financed the litigation entirely.
- Contingency Fee Retainer Agreement (October 5, 2022) for fees ranging from 28% to 30% of the settlement amount.
- Requested legal fees: $1,200,000 (30% of the Settlement Amount).
- Legal fees were deemed "presumptively valid" at 30%.
- Investment of approximately $900,000 in professional time by class counsel.
- Incurred disbursements of $76,236.90.
III. Disposition:
- Approval of Settlement Agreement, Second Notice, Plan of Notice, Plan of Allocation, and Claim Form.
- Appointment of class counsel as Administrator and David Robins as Referee.
- Claims Bar Deadline was set at 120 days after the last publication of the Second Notice.
- Authorization of a $7,500 honorarium for the representative Plaintiff.
- Approval of the Contingency Fee Retainer Agreement.
- Approval of class counsel fees ($1,200,000), taxes ($156,000), and disbursements ($76,236.90).
- Dismissal of the action with prejudice and without costs.