Free Motion for Attorney Fees - District Court of Delaware - Delaware

Case 1:04-cv—00831-SLR Document 128 Filed 07/24/2008 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
IN RE VERITAS SOFTWARE CORP. : Case N0: 04-CV-831 (SLR)
SECURITIES LITIGATION : Consolidated Action
This Document Relates to: :
ALL ACTIONS :
MOTION BY LEAD PLAINTIFFS FOR AN AWARD OF
ATTORNEYS’ FEES AND EXPENSES
Pursuant to the Court’s April I6, 2008 Order, Lead Plaintiffs, Tay Siew Choon
and Mark Leonov, hereby move the Court, pursuant to Rule 23(h) and 54(d)(2), Fed. R.
Civ. P., for an award of attorneys’ fees in the amount of $6,450,000, representing 30% of
the $2l.5 million Settlement Fund, and for reimbursement of expenses in the amount of
$403,39507, plus interest, both of which were incurred in connection with the
prosecution and successful resolution of this action and submit a proposed Order
Awarding Attorneys’ Fees and Reimbursement of Expenses (annexed hereto as Exhibit
A).
In support ofthis motion, and as may be required by Fed. R. Civ. P. 54(d)(2)(B),
Lead Plaintiffs state that plaintiffs’ counsel are entitled to the award of attorneys’ fees
and reimbursement of expenses in the amounts requested herein as a result of having
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Case 1 :04-cv—00831-SLR Document 128 Filed 07/24/2008 Page 2 of 2
created a substantial monetary fund for the benefit of all purchasers of the securities of
Veritas Software Corporation during the period April 23, 2003 and July 6, 2004,
previously certified by the Court’s Order dated October 25, 2006.
ln further support ofthis motion, Lead Plaintiffs rely upon: (a) the record herein;
(b) the Stipulation of Settlement, as dated April 8, 2008, (the “Stipulation") previously
filed with the Court; (c) the accompanying memoranda of law; (d) the Declaration of
Robert I. Harwood in Support ofthe Motion for Final Approval ofthe Settlement and the
Motion for an Award of Attomeys’ Fees and Reimbursement of Expenses and Awards to
Lead Plaintiffs; and (f) the Affidavit of Michael Rosenbaum of Berdon Claims
Administration LLC .
Dated: July 24, 2008
HARWOOD FEFFER LLP ROSENTHAL, MONHAIT &
Robert 1. Harwood GOD A, / .·
Jeffrey M. Norton M
488 Madison Avenue By: ’//7//JO/*77 `
New York, NY 10022 Norman M. Monhait (DSBA #1040)
Tel: (212) 935-7400 919 Market Street, Suite 1401
Citizens Bank Center
LABATON SUCHAROW LLP P.O. Box 1070
Ira A. Schochet 919 Market Street
David J. Goldsmith Wilmington, DE 19899-1070
140 Broadway (302) 656-4433
New York, NY 10005 Email: [email protected]
Tel: (212) 907-0700
SCHATZ NOBEL IZARD P.C.
Andrew M. Schatz
Seth R. Klein
20 Church Street, Suite 1700
Hartford, CT 06103
Tel: (860) 493-6292
CO-Lgg;] Cgwggglfgr Lggd Plgjygjmis and Liaison Counselfor Lead Plain/@ and I/ie C/ass
the Class
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