Free Motion to Approve Consent Judgment - District Court of Federal Claims - federal

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS ________________________________ JOHN BULL, et al., Plaintiffs, v. UNITED STATES, Defendant. ) ) ) ) ) ) ) ) ) ) )

No. 01-56C Judge Hewitt

JOINT MOTION FOR APPROVAL OF SETTLEMENT Plaintiffs, John Bull, et al., and defendant United States respectfully submit this joint motion for approval of settlement and would respectfully show the Court as follows: The parties, by and through counsel, jointly move the Court for an order granting approval of the settlement in this case. A copy of the Settlement Agreement is attached hereto as Exhibit A. In connection with approval of this settlement, the parties jointly request entry of a stipulated order in the form submitted to the Court. WHEREFORE, the parties respectfully request that the Court grant approval to the proposed settlement and enter an order approving the attorney fees as requested in the Fee Application and Bill of Costs filed by the plaintiffs on July 16, 2007, and agreed upon in the settlement agreement, as reasonable, necessary, appropriate, and fair compensation to plaintiffs' attorneys for their services on behalf of the plaintiffs in this litigation. A proposed order to that effect is attached as Exhibit B.

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Respectfully submitted, S/David L. Kern DAVID L. KERN Kern Law Firm 1300 North El Paso St. El Paso, TX 79902 Tele: (915) 542-1900 Fax: (915) 242-0000 Attorney for Plaintiffs JEFFREY S. BUCHHOLTZ Acting Assistant Attorney General

JEANNE E. DAVIDSON Director S/Kirk Manhardt KIRK MANHARDT Assistant Director

S/Tara K. Hogan TARA K. HOGAN Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor, 1100 L St. NW Washington, DC 20530 Tele: (202) 616-2228 Fax: (202) 305-7643 Commercial Litigation Branch Attorneys for Defendant Dated: February 4, 2008

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CERTIFICATE OF ELECTRONIC FILING I hereby certify that on February 4, 2008 a copy of foregoing "JOINT MOTION FOR APPROVAL OF SETTLEMENT" was filed electronically. I understand that notice of this filing will be sent to all parties by operation of the Court's electronic filing system. Parties may access this filing through the Court's system.

s/Tara K. Hogan

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS ________________________________ JOHN BULL, et al, Plaintiffs, v. UNITED STATES, Defendant. ) ) ) ) ) ) ) ) ) ) )

No. 01-56C Judge Hewitt

ORDER APPROVING SETTLEMENT AND AWARDING FEES AND COSTS This matter came before the Court on the Joint Motion of plaintiffs, John Bull, et al., and defendant, the United States ("Joint Motion") seeking approval of the Settlement Agreement attached as Exhibit A to the parties' Joint Motion. The Court has considered all papers filed and, good cause appearing, the following is hereby Ordered, Adjudged, and Decreed by the Court: 1. The parties' Joint Motion for approval of the settlement, filed January 29, 2008, is granted and the settlement is approved; 2. Statutory attorney fees and costs are awarded pursuant to 29 U.S.C. § 216(b) in the following amounts as reasonable, necessary, fair, and appropriate compensation to plaintiffs' attorneys for their services on behalf of the plaintiffs in this litigation: a. b. c. 3. Kern Law Firm ­ Fees: $1,360,656.25; Costs: $13,601.12; Tinsman & Sciano Inc. ­ Fees: $201,662.85; Costs: $104,027.53; and Gardner Law Firm ­ Fees: $80,481.30; Costs: $1,094.35. The parties are hereby directed to perform pursuant to the terms of the Settlement Agreement;

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The parties are further directed, upon completion of terms 11 and 12 in the Settlement Agreement, to promptly file a Joint Stipulation of Dismissal.

So Ordered.

Dated: ____________________

________________________________ JUDGE EMILY HEWITT

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