Ryan Rodriguez v. West Publishing Corporation

MEMORANDUM

George Schneider, Jonathan M. Slomba, James Puntumapanitch, Justin Head, and Ryan Helfrich (collectively, the “Schneider Objectors”), Sarah Siegel, Evans & Mulli-nix, P.A., Jennifer Brown McElroy, Daniel M. Schafer, David Oriol, and Jason Tingle (collectively, the “Siegel Objectors”), and pro se objector Robert Joseph Gaudet Jr. appeal from the district court’s August 7, 2009 order denying them attorneys’ fees in whole or in part. The objectors contend that they are entitled to such fees for their efforts in securing $325,000 to the class as a result of the district court’s rejection of the class representatives’ requests for incentive awards. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

The district court did not abuse its discretion in declining to award fees to the Siegel Objectors and Gaudet. The district court reasonably concluded that the Siegel Objectors and Gaudet did not meaningfully argue that the incentive awards should be voided because they created a conflict of interest, which was the argument that ultimately prevailed, see Rodriguez v. W. Publ’g Corp. (Rodriguez I), 563 F.3d 948, 958, 963 (9th Cir.2009), and therefore did not…