Witchko v. Schorsch

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK Eg JOANNE WITCHKO, Derivatively on Behalf of Nominal Defendant AMERICAN REALTY : ORDER CAPITAL PROPERTIES, INC., : : 15 Civ. 6043 (AKH) Plaintiff, : -against- : NICHOLAS S. SCHORSCH, et al., Defendants, USDC SDNY : DOCUMENT -and- : ELECTRONICALLY FILED |! Aerie DOC #: AM CAN REALTY CAPITAL PROPERTIES, DATE FILED: (/ 3/ZO.

Nominal Defendant. :

pone ence eee eee □□□□□□□□□□□□□□□□□□□□□□□□□□□□ X

ALVIN K. HELLERSTEIN, U.S.D.J.: 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 be recognized. See N.Y. State

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, 132-34 (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.

Dated: New York, New York January 3, 2020

ALVIN K. HELLERSTEIN United States District Judge