Ray Legal Consulting Group v. Gray

37 F. Supp. 3d 689, 2014 WL 3891356, 2014 U.S. Dist. LEXIS 109908
CourtDistrict Court, S.D. New York
DecidedAugust 8, 2014
DocketNo. 13 Civ. 6866(KPF)
StatusPublished
Cited by24 cases

This text of 37 F. Supp. 3d 689 (Ray Legal Consulting Group v. Gray) is published on Counsel Stack Legal Research, covering District Court, S.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ray Legal Consulting Group v. Gray, 37 F. Supp. 3d 689, 2014 WL 3891356, 2014 U.S. Dist. LEXIS 109908 (S.D.N.Y. 2014).

Opinion

OPINION AND ORDER

KATHERINE POLK FAILLA, District Judge.

On December 21, 2011, Defendants Stacey M. Gray and Stacey M. Gray, P.C. were terminated as counsel for Victor F. Caldwell. Since that termination, Defendants have attempted, in fits and starts, to obtain attorneys’ fees for that representa[691]*691tion, one consequence of which has been to prevent Plaintiff from obtaining attorneys’ fees for its subsequent representation of Caldwell. This fee dispute has engendered the instant action. Plaintiff Ray Legal Consulting Group seeks a declaratory judgment that Defendants have neither a statutory charging lien under New York Judiciary Law Sections 475 and 475-a, nor any other legally enforceable basis for a fee dispute and/or apportionment of fees with Plaintiff. Defendants have moved to dismiss this action. Because this action is barred by principles of res judicata — specifically, an earlier decision of the New York State Supreme Court requiring Defendants and Caldwell to arbitrate any dispute concerning attorneys’ fees — Defendants’ motion is granted, and this action is dismissed.1

BACKGROUND2

A. Factual Background

1. Overview

Plaintiff Ray Legal Consulting Group (“Ray Legal”) is a professional services firm with its principal place of business in Massachusetts. (Compl. ¶ 6). Attorney John H. Ray, III (“Ray”) is its principal. (Id. at ¶ 7). Defendant Stacey M. Gray, P.C. (“Gray P.C.”) is a New York professional corporation engaged in the practice of law in the State of New York, with its principal place of business in New York. (Id. at ¶ 9). Defendant Stacey M. Gray (“Gray”) is an attorney with Gray P.C. (See id. at ¶ 10).

It is no overstatement to note that the parties have had a tortured relationship regarding efforts to apportion attorneys’ fees obtained from Victor F. Caldwell (“Caldwell”), a current client of Ray Legal and a former client of Gray P.C. In fact, this action is just one of several state and federal actions seeking resolution of the fee dispute issue. In it, Plaintiff seeks a declaratory judgment holding that Defendants do not have a statutory charging lien under New York Judiciary Law Sections 475 and 475-a, whether considered before or after recent amendments to that law, or any other legally enforceable basis for either a fee dispute or any apportionment of legal fees with Plaintiff. (Compl. ¶1).3

[692]*692According to Plaintiff, on November 11, 2011, Caldwell retained Defendants to represent him in a settlement negotiation with his employer. (Compl. ¶ 10). To that end, Caldwell and Defendants entered into an Engagement Agreement. (Id.; Ray Decl., Ex. 1). Plaintiff alleges that in the Engagement Agreement, Gray P.C. expressly disclaimed performance of any services that could support a charging lien under Section 475. That is, Gray P.C. agreed that it had not been retained for “the filing of a lawsuit or any documents in a court, city or state department,” and it refused to “agree to represent [Caldwell] in any type of formal litigation including the filing of a complaint or taking of any other legal action in court.” (Id. at ¶ 15). According to Plaintiff, Gray P.C. in fact did not perform such services. (Id. at ¶¶ 14,16).

Caldwell’s and Defendants’ business relationship was short-lived, and on December 21, 2011, Defendants were terminated by Caldwell. (Compl. ¶ 11). Defendants did not perform any work for Caldwell after that date. (Id. at ¶ 24). Plaintiff subsequently represented Caldwell in the negotiation for which Defendants were initially retained, as well as a related legal action. (Id. at ¶ 12). Defendants never entered into any agreement with Plaintiff, whether concerning legal fees or for any other reason. (Id. at ¶ 17).

2. The Attorneys’ Fees Dispute

Evidence submitted by both sides in connection with Defendants’ motion to dismiss makes clear that the present dispute principally arises out of a confidentiality agreement entered into on February 10, 2012 (the “Confidentiality Agreement”), between Plaintiff and Defendants’ then-attorney, Arnold DiJoseph, concerning the attorneys’ fees that were sought by both Plaintiff and Defendants for legal services rendered to Caldwell. (Ray Decl. ¶ 2). These legal services had yielded an April 17, 2013 settlement agreement between Caldwell and his former employer (the “Settlement Agreement”), to which Plaintiff (but not Defendants) was a party (See Gray Deck, Ex. 3).

Under the Confidentiality Agreement, an escrow account was created in which to [693]*693deposit the attorneys’ fees that were withheld from Caldwell’s settlement with his former employer. (Ray Decl. ¶ 3). The Agreement provided “[t]hat counsels Ray and Gray have a dispute regarding legal fees for legal services purportedly rendered to Mr. Caldwell,” and further provided that “[t]he apportionment of the fees between Ray and Gray will be determined either by binding arbitration or by a court of competent jurisdiction.” (Id. at ¶ 4). Similarly, the Settlement Agreement provided that “[t]he apportionment of fees held in [an] Escrow Account between [Plaintiff] and [Gray P.C.] [would] be determined either though binding arbitration or a court of competent jurisdiction.” (Gray Decl., Ex. 3). The funds remain in escrow.

B. Procedural Background

1. The Caldwell-Gray State Court Action

On February 15, 2012, Caldwell commenced an action against Gray and Gray P.C. in the Supreme Court of the State of New York, County of New York (the “State Court Action”). (Gray Decl., Ex. 4). Plaintiff Ray Legal represented Caldwell in that action. (Id.). In that action, Caldwell alleged nearly identical facts to those alleged here with respect to his retention of Gray to represent him in settlement negotiations. (See id.). He claimed that he entered into the Engagement Agreement with Gray P.C., and that Gray did not engage in any conduct that could support a charging lien under Section 475. (Id. at ¶¶ 12-14). Caldwell further alleged that he terminated Gray P.C. on December 21, 2011 (id. at ¶ 19), and that Gray P.C. was due $11,500 in attorneys’ fees for 28 hours of work (id. at ¶ 24). Caldwell also alleged that Gray P.C. did not serve, and he did not sign, a notice of lien pursuant to Section 475-a. (Id. at ¶ 33).

Also similar to the instant matter, Caldwell sought in the State Court Action a declaratory judgment that Gray P.C. was “not entitled to any statutory, contractual or other lien against any settlement proceeds and that any settlement funds may be lawfully released, without any liability to Gray P.C., as directed by [Caldwell] to [Plaintiff].” (Gray Decl., Ex. 4 at ¶ 4). Finally, Caldwell sought a protective order requiring the parties to maintain any evidence produced in the proceedings regarding the underlying settlement as confidential.

On August 24, 2012, Justice Doris Ling-Cohan dismissed the State Court Action. (Gray Decl., Ex. 1). In so doing, Justice Ling-Cohan relied on the provision in the Engagement Agreement that required Gray P.C. and Caldwell to arbitrate any fee dispute, such as the dispute on which the State Court Action was predicated. (Id.).

Thereafter, Gray and Gray P.C.

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Cite This Page — Counsel Stack

Bluebook (online)
37 F. Supp. 3d 689, 2014 WL 3891356, 2014 U.S. Dist. LEXIS 109908, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ray-legal-consulting-group-v-gray-nysd-2014.