WILLITS, et al v. CITY OF LOS ANGELES - Settlement Agreement and Release of Claims

21. Attorneys’ Fees and Costs

With respect to the issue of attorneys’ fees and costs incurred by Plaintiffs and the payment thereof by the City, the Parties agree to the following as a complete resolution of the issue.

21.1. No attorneys’ fees or costs incurred by Plaintiffs or Class Counsel in connection with any of the Actions or the Carter/Fahmie Action may be claimed except as expressly set forth in this Settlement Agreement.

21.2. The Parties agree that, conditioned upon the District Court granting Final Approval of this Settlement Agreement, the Judgment becoming Final, and the District Court granting Plaintiffs’ application for an award of attorneys’ fees and costs in the amounts set forth in this Section 21, the City shall pay to Class Counsel: (i) the sum of $13,300,000 as reasonable attorneys’ fees in this matter; and (ii) the sum of $1,700,000 for costs and expenses. These amounts shall satisfy all claims for attorneys’ fees, costs and other expenses incurred by Plaintiffs and Class Counsel in connection with each and all of the Actions (except as expressly set forth in this Settlement Agreement).

21.3. Plaintiffs shall move or apply for approval by the District Court of the reasonable attorneys’ fees and costs set forth in this Section 21, pursuant to Rule 23(h) of the Federal Rules of Civil Procedure. The City shall not oppose such motion or application. The City shall pay the amounts set forth in this Section 21 within thirty (30) days after: (i) the District Court has issued a written order granting Final Approval of this Settlement Agreement; (ii) the Judgment has become Final; and (iii) the District Court has approved the award of attorneys’ fees and costs in the amounts set forth in this Section 21.

21.4. The City’s payment of the amounts set forth in this Section 21 is in full and complete satisfaction of any and all claims for attorneys’ fees and costs incurred by Plaintiffs and Class Counsel in any and all of the Actions as well as any related litigation (including without limitation the Carter/Fahmie Action), and Plaintiffs (on behalf of themselves and the Settlement Class) and Class Counsel expressly waive any right to recover any additional attorneys’ fees and costs of any kind in connection with any of the Actions or this Settlement Agreement, except for attorneys’ fees and costs recoverable by Plaintiffs and Class Counsel as expressly provided in Sections 18.2, 19.3 or any provision of this Settlement Agreement other than this Section 21.