`FOR THE EASTERN DISTRICT OF NORTH CAROLINA
`CASE NO. 5:21-CV-488-BO
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`PHILIP BULLS, DEAN BRINK, CARMIN
`NOWLIN, NICHOLAS PADAO, and
`RAPHAEL RILEY, on behalf of themselves
`and others similarly situated,
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`Plaintiffs,
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`V.
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`USAA FEDERAL SA VIN GS BANK, and
`USAA SA VIN GS BANK,
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`Defendants.
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`ORDER GRANTING PLAINTIFFS' MOTION FOR
`ATTORNEYS' FEES & COSTS, AND PAYMENT OF CLASS
`REPRESENTATIVES A WARDS
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`Before the Court is Plaintiffs' Motion for Attorneys' Fees & Costs Award and Payment
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`of Class Representatives Awards. The Court has considered the Parties' papers, relevant legal
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`authority, and the record in this case, and the Court hereby GRANTS the Motion for the
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`following reasons:
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`The Notice Program I has been completed, the Notice Deadline has passed, and no Class
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`Member has objected to the Settlement Agreement and Release, the Fee & Expense Award, or
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`the Service A wards.
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`Many courts in the Fourth Circuit have held that attorneys' fee awards in the amount of
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`one-third of the settlement fund are reasonable. See, e.g., Chrismon v. Meadow Greens Pizza,
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`LLC, No. 5: 19-cv- 155-BO, 2020 U.S. Dist. LEXIS 119873, *12 (E.D.N.C. July 7, 2020)
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`(collecting cases); Kelly v. Johns Hopkins Univ., No. 1: 16-cv-2835-GLR, 2020 U.S. Dist. LEXIS
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`1 The capitalized tenns in this Order have the same meaning as in the Settlement Agreement and Release. DE 133-1
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`- I -
`Case 5:21-cv-00488-BO Document 146 Filed 01/16/25 Page 1 of 3
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`14772 at *8 (D. Md. Jan. 28, 2020) ("Contingent fees of up to one-third are common in this
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`circuit.") (collecting cases); Thomas v. FTS USA, LLC, No. 3:13cv825 (REP), 2017 U.S. Dist.
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`LEXIS 45217, at *14 (E.D. Va. Jan. 9, 2017) (citing In re Rite Aid Corp. Sec. Litig., 146 F.
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`Supp. 2d 706, 735 (E.D. Pa. 2001) (reviewing 289 class action settlements and finding an
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`"average attorney' s fees percentage [ ofJ 31.31 %" and a median of roughly one-third of the
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`common fund)). Here, the 27.5% attorneys' fees requested is significantly less than the one-third
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`amount which has been consistently awarded by other courts in this Circuit.
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`Class Counsel achieved extraordinary results for the class of over 200,000 military
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`servicemembers, obtaining a gross Settlement Amount of over $64 million.
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`The Class is represented by nationally recognized and highly experienced Class Counsel
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`who resolved this matter with skill and persistence. For example, Class Counsel prepared to
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`defend three dispositive motions from USAA Bank, engaged in discovery disputes, and
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`successfully moved to compel discovery. After fully briefing Plaintiffs' motion for class
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`certification, the Parties held a mediation session in San Francisco with retired United States
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`Magistrate Judge Elizabeth Laporte, which ended at an impasse. The Parties agreed to attempt
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`mediation again with a different mediator, retired United Stated District Court Judge Layn
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`Phillips, which ultimately led to a mediated settlement over the course of three mediation
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`sessions. All of these efforts have been to the benefit of the servicemernbers and veterans who
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`make up the Class.
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`Class Counsel faced a genuine risk of non-recovery in this action. Throughout the course
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`of the litigation, USAA Bank questioned the existence and extent of Plaintiffs' damages.
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`- 2 -
`Case 5:21-cv-00488-BO Document 146 Filed 01/16/25 Page 2 of 3
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`Were this Court or a jury to find that Plaintiffs and other servicemembers were not entitled to
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`damages or were only entitled to minimal damages, there would have been little to no recovery
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`in this case.
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`Public policy considerations weigh strongly in favor of the award requested here.
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`Plaintiffs in this matter exemplified the role of the private attorney general, vindicating the rights
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`of over 200,000 military servicemembers and veterans regarding one of the nation's largest
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`banks' alleged failure to provide federally required benefits to the accounts held by these
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`servicemembers. This Action benefitted not just the over 200,000 Class Members with loans or
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`credit card accounts with USAA Bank, but other and future military personnel who will open or
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`maintain accounts with USAA and other banks subject to the Servicemembers' Civil Relief Act
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`and Military Lending Act and their own proprietary military benefit programs.
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`The Court finds the request for attorneys' fees to be fair, adequate, and reasonable.
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`NOW, THEREFORE, IT IS HEREBY ORDERED that:
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`1. Attorneys' fees amounting to twenty-seven and one-half percent (27.5%) of the
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`$64,202,833.59 gross settlement amount shall be awarded to Class Counsel; and
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`2. Awards to the Class Representatives shall be awarded in the amounts requested by
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`Plaintiffs, that is, awards of $20,000 each to each class representative: Philip Bulls,
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`Dean Brink, Carmin Nowlin, Nicholas Padao, and Raphael Riley.
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`This /_!f_ day on{Mf1
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`, 2025.
`
`HON. TERRENCE W. BOYL
`UNITED STATES DISTRICT
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`Case 5:21-cv-00488-BO Document 146 Filed 01/16/25 Page 3 of 3
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