The opinion
UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF NEW YORK
BCBSM, INC., d/b/a BLUE CROSS and BLUE
SHIELD OF MINNESOTA, on behalf of itself
and those similarly situated,
Plaintiff, Case No. 1:21-cv-1884-DLC
v.
VYERA PHARMACEUTICALS, LLC,
PHOENIXUS AG, MARTIN SHERELI, and
KEVIN MULLEADY,
Defendants.
(PROROSED| ( ORDER GRANTING LEAD COUNSEL’S MOTION FOR ATTORNEYS’
FEES, PAYMENT OF LITIGATION EXPENSES, AND INCENTIVE AWARD FOR
PLAINTIFF
Upon review and consideration of Robins Kaplan LLP’s (“Lead Counsel”) Motion for
Award of Attorneys’ Fees, Payment of Litigation Expenses, and Incentive Award for Plaintiff, and
having held a Fairness Hearing on June 17, 2022, IT IS HEREBY ORDERED that the Motion is
_ GRANTED as follows:
Attorneys’ Fees
l. After considering the six factors set forth in Goldberger v. Integrated Res., Inc.,
209 F.3d 43, 50 (2d Cir, 2000), the Court-finds.that-Lead Counsel's current-request -for-atterneys-.
fees equal-te-25% of the money paid into the Class Settiemient Fund-te-date-isfairand reasonable
_and satisfies-all-eriteria for compensating-Lead-Counsel for the-work-they performed inthis
litigation-Lead Counsel's fee request is unopposed; □□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□ that the—
Wi, see,c06,°°
fee-request-is reasonable.--he Court awards Lead Counsel $4,890,009 in attorneys’ fees from the
Glass Settlement Func equal to-25%-oFthe $7,5 60,000 that has been paid into the Class Settlement
Fund to date.
2. To the extent additional contingent settlement payments are paid mto the Class
Settlement Fund in the future, Lead Counsel may request additional attorneys’ fees of up to 10%
of any additional funds received. The Court reserves exclusive jurisdiction over any additional
requests for attorneys’ fees in this litigation.
Reimbursement of Litigation Expenses
3. The Court also grants Lead Counsel’s request to be reimbursed for $294,055 in
what. endtastes
litigation expenses from the Class Settlement Fund, Fhe-$241,553-in-out-of-pocket expenses that
Lead-Counsel have.incurred-and the $52,500 in anticipated future expenses are-reasonablein-size__
and-seope-and are. the type of expenses-that-courts_routinely-reimburse-in-class-actionlitigation-
4. As agreed to in the Settlement Agreement and previously ordered by the Court, see
ECF No. 141 at J 18, Lead Counsel may continue to pay from the Class Settlement Fund the actual
costs of notice, settlement administration, and taxes without further order of the Court.
aor
Incentive Award for Plaintiff
a ee a □□□
5. Lastly, the Court grants a $50,000 incentive“award to Plaintiff-BCBSM, Inc,.-~
a a a ae AE
(“Plaintiff”) in reco gnitior of the time and resourcé that Plaintiff devoted to this case ott behalf
a
of the Settleme Coss Lead Couns} fal direct $50,000 to beaid from the Class Settlement
Fund orca
. ee
SO ORDERED this__/ day of Lear, 2022
Hon, Denige L. Cote
United States District Judge