Wilner v. Leopold & Associates, PLLC

S.D. New York

Wilner v. Leopold & Associates, PLLC

DecidedAugust 30, 2023

Docket7:15-cv-09374

StatusUnknown

This text of Wilner v. Leopold & Associates, PLLC (Wilner v. Leopold & Associates, PLLC) 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.

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Wilner v. Leopold & Associates, PLLC, (S.D.N.Y. 2023).

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Opinion

‘USDC SDNY □ DOCUMENT UNITED STATES DISTRICT COURT | Fhe TRONICALLY FILED SOUTHERN DISTRICT OF NEW YORK | DATE FILED: 8/30/2023 | nnn nnn nnn nnn nn nnn nnn nnn nnn nnn nnn nn nnn X bk —= NOCHUM C. WILNER, an individual and, ETSY WILNER; an individual, on behalf of themselves and all others similarly situated. Plaintiffs, 15-ev-09374

LEOPOLD & ASSOCIATES, PLLC, et. al., Defendants. we eK VICTORIA REZNIK, United States Magistrate Judge: On January 25, 2022, Judge Paul Davison entered a Final Judgment and granted the award of $53,000 to Class Counsel for attorneys’ fees, costs, and litigation expenses. (ECF No. 162). Judge Davison’s order also states that “[t]he Court further reserves and retains exclusive and continuing jurisdiction over the Settlement concerning the administration and enforcement of the Settlement Agreement to effectuate its terms.” On July 31, 2023, Plaintiffs’ attorney, the Kim Law Firm, filed a motion to fix a deadline for former Plaintiffs’ counsel, STLLP f/k/a Stern Thomasson, LLP, to move to fix the amount of its charging lien against the Court-approved class counsel fees. (ECF No. 165). On August 17, 2023, counsel for STLLP, filed a response requesting that the court fix a time by which all Plaintiffs’ counsel, present and former, submit their fee requests and asked that the court fix the amount due to each firm. Federal courts may exercise supplemental Jurisdiction to hear disputes over how to divide attorneys’ fees when the dispute relates to the main action. Pasqualini v. Mortgageit Inc., No. 05 CIV. 9714 LAP, 2010 WL 3001971, at *1 (S.D.N.Y. July 19, 2010).

Accordingly, the Court orders that by September 22, 2023, all present and former Plaintiffs’ counsel seeking a portion of the above-referenced $53,000 submit a fee-request by letter-motion explaining what portion of this amount they are entitled to and including/attaching any supporting information. SO ORDERED. DATED: White Plains, New York August 30, 2023 kee E: VICTORIA REZ United States Magistrate Judge

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‘USDC SDNY □ DOCUMENT UNITED STATES DISTRICT COURT | Fhe TRONICALLY FILED SOUTHERN DISTRICT OF NEW YORK | DATE FILED: 8/30/2023 | nnn nnn nnn nnn nn nnn nnn nnn nnn nnn nnn nn nnn X bk —= NOCHUM C. WILNER, an individual and, ETSY WILNER; an individual, on behalf of themselves and all others similarly situated. Plaintiffs, 15-ev-09374

LEOPOLD & ASSOCIATES, PLLC, et. al., Defendants. we eK VICTORIA REZNIK, United States Magistrate Judge: On January 25, 2022, Judge Paul Davison entered a Final Judgment and granted the award of $53,000 to Class Counsel for attorneys’ fees, costs, and litigation expenses. (ECF No. 162). Judge Davison’s order also states that “[t]he Court further reserves and retains exclusive and continuing jurisdiction over the Settlement concerning the administration and enforcement of the Settlement Agreement to effectuate its terms.” On July 31, 2023, Plaintiffs’ attorney, the Kim Law Firm, filed a motion to fix a deadline for former Plaintiffs’ counsel, STLLP f/k/a Stern Thomasson, LLP, to move to fix the amount of its charging lien against the Court-approved class counsel fees. (ECF No. 165). On August 17, 2023, counsel for STLLP, filed a response requesting that the court fix a time by which all Plaintiffs’ counsel, present and former, submit their fee requests and asked that the court fix the amount due to each firm. Federal courts may exercise supplemental Jurisdiction to hear disputes over how to divide attorneys’ fees when the dispute relates to the main action. Pasqualini v. Mortgageit Inc., No. 05 CIV. 9714 LAP, 2010 WL 3001971, at *1 (S.D.N.Y. July 19, 2010).

Accordingly, the Court orders that by September 22, 2023, all present and former Plaintiffs’ counsel seeking a portion of the above-referenced $53,000 submit a fee-request by letter-motion explaining what portion of this amount they are entitled to and including/attaching any supporting information. SO ORDERED. DATED: White Plains, New York August 30, 2023 kee E: VICTORIA REZ United States Magistrate Judge

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Wilner v. Leopold & Associates, PLLC, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wilner-v-leopold-associates-pllc-nysd-2023.