Montera

Montera v. Premier Nutrition Corporation

Good Law
United States District Court, Northern District of CaliforniaFebruary 3, 20253:16-cv-06980California1,487 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

MARY BETH MONTERA,

Case No. 16-cv-06980-RS Plaintiff, 11 v. ORDER AWARDING ATTORNEY'S FEES INCURRED ON APPEAL

PREMIER NUTRITION CORPORATION,

13 Defendant.

I. INTRODUCTION Plaintiff Mary Beth Montera seeks an award of attorney’s fees and expenses incurred while litigating the appeal in this class action. The Ninth Circuit affirmed Defendant Premier Nutrition’s liability to Plaintiff class for deceptive advertisement of its product Joint Juice, in violation of New York law. The panel then granted Montera’s unopposed request to transfer the fee motion to this court. Plaintiff argues Class Counsel are entitled to their lodestar amount of fees, increased by a multiplier of 1.5. Defendant contends Class Counsel’s billing practices led to inflation of the lodestar and recommends a reduction of the lodestar by 25 percent. Accordingly, Defendant opposes any multiplier of the…

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