In re Volkswagen "Clean Diesel" Marketing, Sales Practices, And Products Liability Litigation, 012219 FED9, 17-16066
|Party Name:||In re: VOLKSWAGEN 'CLEAN DIESEL' MARKETING, SALES PRACTICES, AND PRODUCTS LIABILITY LITIGATION, v. VOLKSWAGEN GROUP OF AMERICA, INC.; VOLKSWAGEN, AG; AUDI, AG; AUDI OF AMERICA, LLC; PORSCHE CARS NORTH AMERICA, INC.; ROBERT BOSCH GMBH; ROBERT BOSCH, LLC, Defendants-Appellees. HILL; RAY PRECIADO; SUSAN TARRENCE; STEVEN R. THORNTON; ANNE DUNCAN AR...|
|Judge Panel:||Before: M. SMITH and NGUYEN, Circuit Judges, and RESTANI, Judge.|
|Case Date:||January 22, 2019|
|Court:||United States Courts of Appeals, Court of Appeals for the Ninth Circuit|
NOT FOR PUBLICATION
Argued and Submitted December 19, 2018 San Francisco, California
Appeal from the United States District Court for the Northern District of California No. 3:15-md-02672-CRB Charles R. Breyer, District Judge, Presiding
Before: M. SMITH and NGUYEN, Circuit Judges, and RESTANI, [**] Judge.
Attorneys for Objector-Appellant Autoport, LLC (Autoport) represented it in a state-court action against Volkswagen, and also provided guidance to class counsel in this underlying multidistrict litigation (MDL). Autoport filed a motion for attorneys' fees to recover for these services, which the district court denied along with 243 other fee motions. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.
Much of the relevant factual background for this appeal is set forth in the concurrently filed opinion in Bishop, Heenan & Davies v. Volkswagen Group of America, Inc., Nos. 17-16020+. As part of the flurry of litigation that followed public disclosure of Volkswagen's use of "defeat devices" in its purportedly "clean diesel" vehicles, Autoport and its lawyers represented non-Volkswagen dealers (Non-VW Dealers) in Missouri state court.1 Upon reviewing the proposed MDL settlement filed with the district court (the Settlement), one of Autoport's lawyers, Allen P. Press of the firm Jacobson Press & Fields P.C. (JPF), noted that its text might have excluded Non-VW Dealers-an omission that, as confirmed by one of Volkswagen's lawyers, would have been inadvertent. Press proceeded to engage with the MDL's Plaintiffs' Steering Committee (PSC), and after a "lengthy email exchange with various PSC members," the MDL's "Lead Counsel stated that dealers were included in the Settlement." The final Settlement text remedied these potential errors and included Non-VW Dealers....
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