SEC v. ASPEN
| 1:2023mc00432 |
| December 4, 2023 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Other |
| M 08-85 Motion to Compel |
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Filing
47
ORDER AND JUDGMENT AWARDING FEES AND COSTS TO MOVANTS: THIS CAUSE came before the Court and the Court having considered all papers, argument, responses, and specifically having considered the Movants' Excel Spreadsheet[s] submitted on or about May 24, 2024, does hereby find and determine the fairness and reasonableness of the costs and fees requested by Movants in the amount of THIRTY-TWO THOUSAND, ONE HUNDRED THREE AND 75/100 U.S. DOLLARS [$32,103.75]. NOW, THEREFORE, IT IS HEREBY ADJUDGED AND ORDERED THAT: 1. This Order and Judgment incorporates by reference the materials identifying the costs and fees incurred by the Movants Alan Shinderman and Aspen Asset Management Services, LLC [hereinafter, collectively: "Movants"]. 2. This Court has jurisdiction to enter this Judgment and Order and over matter of this action and over all parties and counsel. 3. This Court previously ruled that Movants shall have an award of costs and reasonable attorney's fees t o be paid jointly and severally by parties Dr. Barry Markman and Judith Markman as well as attorney Sanft, their counsel. 4. In finalizing this Judgment and Order, the Court specifically has considered and found that: A. The costs incurred by Movant s and the amount of hours through May 24, 2024 and corresponding hourly rates of the attorneys are reasonable and necessary; specific reference is made to the Excel Spreadsheets and the Declaration of Matthew Ross in the Record of this case; B. The award of attorneys fees herein is fair and reasonable and consistent with other fee awards in this Circuit; C. Because previous counsel for the Movants have sought and been granted leave to withdraw from this matter, it is specifically ordered her ein that payment of the costs and fees be made directly to recently entered counsel for the Movants: Mr. Wertz. Unless otherwise directed by Mr. Wertz, any and all payments hereunder shall be submitted in good funds payable to Mr. Wertz IOLTA trust account with payee denoted as: "Jeffrey Wertz, Attorney at Law." D. It is appropriate for the fees and costs to be paid jointly and severally by Dr. and Mrs. Markman and their counsel: Mr. Sanft; and E. This Court will retain personal ju risdiction over all parties and counsel until further order. 5. Any appeal or challenge affecting this Order shall in no way disturb or affect the finality or collectability of this Judgment. This Judgment shall remain independent of the related li tigation now pending in Nevada in every way. 6. There is no just reason for delay in the entry of this Judgment and Order, and immediate entry by the Clerk of the Court is expressly directed. 7. This Court will expeditiously entertain future motion practice herein by the Movants if such is deemed necessary to enforce this Judgment absent prompt full satisfaction of same and this would include the need, in Movants' sole discretion, to file periodic reports/letters with the Court advising the Court that the Judgment is not satisfied in full at regular intervals moving forward. (Signed by Magistrate Judge Jennifer E. Willis on 10/23/2024) (tg)
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Filing
38
ORDER: As these rules are new, the Movant will be granted an extension until Friday, May 24th to move for attorneys' fees, email the required Excel sheet, and file the letter notifying the Court of the submission. SO ORDERED. (Signed by Magistrate Judge Jennifer E. Willis on 5/16/2024) ( Motions due by 5/24/2024.) (ks)
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Filing
33
ORDER: Accordingly, the Court finds an award of reasonable fees and costs pursuant to Rule 37(a)(5)(C) is appropriate. The Court orders both Respondents and Respondents' counsel to pay the award of fees and costs because the Court finds that t he need to litigate the present matter was created, in part, by counsel's delinquency. See Resp'ts Opp. to Mot. to Compel at 2 (offering no explanation for counsel's failure to object or facilitate compliance with the subpoenas). By s eparate order, the Court will refer the parties to the assigned Magistrate Judge for the calculation of the award of fees and costs. IT IS FURTHER ORDERED that the April 5, 2024, conference in this matter is CANCELED. SO ORDERED. (Signed by Judge Valerie E. Caproni on 3/25/2024) (ks)
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Filing
21
ORDER granting in part and denying in part 2 Motion to Compel. For the foregoing reasons, the Motion to Compel is GRANTED and the Contempt Motion and the Costs Motion are DENIED without prejudice. Not later than Friday, January 5, 2024, Responde nts must comply with the Subpoenas. Not later than Friday, January 12, 2024, the parties must submit a joint status letter indicating whether they request or anticipate requesting any further motion practice in this case, and whether the case can be closed. The Clerk of Court is respectfully directed to close the open motion at Docket Entry 2. SO ORDERED. (Signed by Judge Valerie E. Caproni on 12/15/2023) (tg)
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Filing
10
ORDER: IT IS HEREBY ORDERED that not later than Wednesday, December 6, 2023, the Markmans must respond to the Order, or the Court will treat the Motion as unopposed. If the Markmans timely respond, any reply from the Movants must be filed not lat er than Tuesday, December 12, 2023. IT IS FURTHER ORDERED that the Movants must serve a copy of this order to show cause on the Markmans solely via email and file proof of service by Tuesday, December 5, 2023. SO ORDERED. ( Replies due by 12/12/2023., Responses due by 12/6/2023) (Signed by Judge Valerie E. Caproni on 12/4/2023) (tg)
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