Gerald Fleming v. Covidien, Inc.

MEMORANDUM

Appellants Gerald Fleming and his fellow class members seek reversal of the district court’s attorneys’ fee award. Appellants, the plaintiffs below, moved to certify two classes under California state law against, among others, Appellees Covidien, Inc. and Tyco Healthcare Group, L.P. (collectively, “Covidien”). The first class alleged that Covidien failed to pay “off-the-cloek” wages in violation of California law; the second class alleged Covidien’s wage statements were deficient because they did not include information required under Cal. Lab.Code § 226(a). The district court denied class certification of the off-the-clock wages class, but certified the defective wage statement class.

Appellants ultimately prevailed in a one-day bench trial on the defective wage statement class. The district court ordered that Covidien pay both $500,000 in penalties and class counsel’s reasonable attorneys’ fees. Class counsel moved for attorneys’ fees, and asked to be compensated for 746.9 attorney hours and 56.7 paralegal hours for the wage statement claims. Class counsel provided time entries that detailed the nature of the work the attorneys performed and their respective…