Filed: Feb. 05, 2018
Latest Update: Feb. 05, 2018
Summary: STIPULATION AND ORDER RE PAYMENT OF ATTORNEYS FEES AND COSTS INCURRED BY SUZUKI ENTERPRISES, INC. PROFIT SHARING PLAN DURING JANUARY 2018 HOWARD D. McKIBBEN , District Judge . WHEREAS Defendant Suzuki Enterprises, Inc. Profit Sharing Plan (the "Plan") and Plaintiffs are collectively referred to herein as the "Parties"; WHEREAS on December 2, 2016, the Court issued its order [550] ("Order re Fees") approving the Stipulation re Payment of Attorneys' Fees [549] ("Stipulation re Fees"), provid
Summary: STIPULATION AND ORDER RE PAYMENT OF ATTORNEYS FEES AND COSTS INCURRED BY SUZUKI ENTERPRISES, INC. PROFIT SHARING PLAN DURING JANUARY 2018 HOWARD D. McKIBBEN , District Judge . WHEREAS Defendant Suzuki Enterprises, Inc. Profit Sharing Plan (the "Plan") and Plaintiffs are collectively referred to herein as the "Parties"; WHEREAS on December 2, 2016, the Court issued its order [550] ("Order re Fees") approving the Stipulation re Payment of Attorneys' Fees [549] ("Stipulation re Fees"), providi..
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STIPULATION AND ORDER RE PAYMENT OF ATTORNEYS FEES AND COSTS INCURRED BY SUZUKI ENTERPRISES, INC. PROFIT SHARING PLAN DURING JANUARY 2018
HOWARD D. McKIBBEN, District Judge.
WHEREAS Defendant Suzuki Enterprises, Inc. Profit Sharing Plan (the "Plan") and Plaintiffs are collectively referred to herein as the "Parties";
WHEREAS on December 2, 2016, the Court issued its order [550] ("Order re Fees") approving the Stipulation re Payment of Attorneys' Fees [549] ("Stipulation re Fees"), providing a procedure for payment of legal fees and costs from Plan funds that are presently subject to the preliminary injunction [183] issued by this Court;
WHEREAS the Plan incurred legal fees and costs in January 2018 in the amount of $4,140.84, in connection with: coordinating global settlement discussions, terminating the Plan, and communications with multiple counsel, Plan fiduciaries and the Court regarding settlement issues;
WHEREAS such fees and costs are payable as follows:
• $2,320.50 payable to Foundation Law Group LLP, lead counsel for the Plan;
• $1,000.00 payable to Brucker & Morra, APC, ERISA counsel; and
• $820.34 payable to Carlsmith Ball LLP, counsel for termination of the Plan;
WHEREAS the invoices for the Plan's legal fees with specific descriptions of the work accomplished are attached hereto as Exhibit "A";
WHEREAS the Parties have communicated a mutual desire to avoid the necessity of a formal motion for attorneys' fees through this Stipulation;
NOW, therefore, the Parties stipulate as follows:
1. $2,320.50 of the funds held by LPL Financial for the benefit of the Plan shall be unfrozen and released from the preliminary injunction [183] and paid to Foundation Law Group LLP;
2. $1,000.00 of the funds held by LPL Financial for the benefit of the Plan shall be unfrozen and released from the preliminary injunction [183] and paid to Brucker & Morra, APC;
3. $820.34 of the funds held by LPL Financial for the benefit of the Plan shall be unfrozen and released from the preliminary injunction [183] and paid to Carlsmith Ball LLP; and
4. The remaining funds held by LPL Financial for the benefit of the Plan shall remain frozen and subject to the preliminary injunction [183] pending a further application for payment of attorneys' fees and expenses; and
5. Payment of attorneys' fees and expenses for the month of January 2018 shall be made from cash on hand that is held in the name of the Plan.
