Witchko v. Schorsch et al
| Joanne Witchko |
| Nicholas S. Schorsch, David Kay, Leslie D. Michelson, Edward G. Rendell, William G. Stanley, Thomas A. Andruskevich, Bruce Frank, Scott J. Bowman, William Kahane, Edward M Weil, Jr., Brian Block, Lisa McAlister and Lisa Beeson |
| 1:2015cv06043 |
| July 31, 2015 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| P. Kevin Castel |
| Stockholders Suits |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
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Filing
316
NOTICE AND ORDER FOR WITHDRAWAL OF COUNSEL, PLEASE TAKE NOTICE that, upon my annexed declaration, and subject to the approval of the Court, Christopher L. Filburn hereby withdraws as counsel for Nicholas S. Schorsch and shall be removed from the Ca se Management/Electronic Case Files (CM/ECF) notification list in the above-captioned matter. I am a partner at Paul, Weiss, Rifkind, Wharton & Garrison LLP and will continue to represent Mr. Schorsch in this proceeding. SO ORDERED. ( Attorney Christopher Lee Filburn terminated.) (Signed by Judge Alvin K. Hellerstein on 8/3/21) (yv)
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Filing
314
ORDER: For the foregoing reasons and for the reasons discussed on the record at the final approval hearing, I award Derivative Counsel attorneys' fees in the amount of $7,500,000.00 and expenses in the amount of $548,267.00, to be paid by VEREIT in accordance with the terms of the Stipulation and Agreement of Settlement, ECF No. 287-1. (Signed by Judge Alvin K. Hellerstein on 4/6/2020) (rro)
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Filing
309
ORDER: On January 21, 2020, I held a fairness hearing in the above-captioned action. For the reasons discussed at the hearing, I have entered the Final Order and Judgment Approving Settlement. To resolve remaining issues: 1. As agreed by the parties and stipulated on the record at the hearing, within ten business days, VEREIT, Inc. ("VEREIT") shall pay $250,000 total in attorneys' fees and $3,000 total in expenses to plaintiffs' counsel in Meloche v. Schorsch, No. 1 : 16-cv-03366-ELH (D. Md.); $250,000 total in attorneys' fees and $3,000 total in expenses to plaintiffs' counsel in Fran Kosky Roth IRA v. Schorsch, No. 653093/2016 (Sup. Ct. N.Y. Cty.); and $250,000 total in attorneys' fees and $3,000 total in expenses to plaintiffs' counsel in Frampton v. Schorsch, No. 24-C-15-006269 (Md. Cir. Ct.). Plaintiffs' counsel shall dismiss their respective actions with prejudice and without further costs. 2. By January 24 , 2020, counsel to plaintiffs in the above-captioned action ("Derivative Counsel") and VEREIT shall submit a proposed schedule for Derivative Counsel's filing of adjusted submissions regarding attorneys' fees and expenses, and for VEREIT's response. (Signed by Judge Alvin K. Hellerstein on 1/22/2020) (jwh)
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Filing
303
MEMO ENDORSEMENT granting (300) Motion to Seal Document in case 1:15-cv-06043-AKH. ENDORSEMENT: SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 1/14/2020) Filed In Associated Cases: 1:15-cv-06043-AKH, 1:15-cv-08563-AKH (ks) Transmission to Sealed Records Clerk for processing.
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Filing
297
ORDER. Unless Derivative Plaintiffs' counsel provides contemporaneous and detailed billing records showing services they performed in each particular aspect of the case and showing disbursements, their claim for attorneys' fees will not b e recognized. See N. Y State Ass'n for Retarded Children, Inc. v. Carey, 711 F.2d 1136, 1147-48 (2d Cir. 1983) ("Hereafter, any attorney... who applies for court-ordered compensation in this Circuit for work done after the date of this opinion must document the application with contemporaneous time records. These records should specify, for each attorney, the date, the hours expended, and the nature of the work done."); see also Scott v. City of New York, 626 F.3d 130, 132-3 4 (2d Cir. 2010). This order requires such records as to each counsel seeking fee recovery. The records shall be filed, along with the materials referenced in my prior order dated January 3, 2020 (ECF No. 296) by January 10, 2020. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 1/3/20) (yv)
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