Block Billing; Rent Arrears; Succession of Tenancy; Tenant's Right To Install an Appliance: This Week in Scott Mollen's Realty Law Digest
Scott Mollen discusses "EXPR 14 Holdings LLC v. LS-14 Ave LLC," "GMT 3435 Realty LLC v. Hyman," "Ocean Properties LLC v. Sierra," and "57 Elmhurst, LLC v. Fernandez."
October 22, 2024 at 02:25 PM
17 minute read
Legal Fee Awards—Block Billing—Sanctions—Court Granted Motion for Sanctions Based On Defendant's "Pattern of Willful Non-Compliance"—Defendant To Reimburse Plaintiff for Reasonable Cost for Making the Sanctions Motion—Plaintiff Sought $83,019.60—Court Granted the Fee Application, But Reduced the Amount By 50% Because Block Billing Made It "Impossible" for Court To "Differentiate or Specify How Much Time Plaintiff's Counsel Spent On Each of the Tasks That Are Listed"—Based On Time Entries, It Appeared That "Moving Counsel Had Billed Excessively"
A court had granted a plaintiff's motion for sanctions based on the defendant's "pattern of willful non-compliance" with court orders. The court ordered the plaintiff to submit a "breakdown of attorney hours and billing rates."
Although the court granted the motion, it reduced the requested award by 50%. The court cited block billing which made it "impossible" for the court to "differentiate or specify how much time plaintiff's counsel spent" on each task. The requested fee award also looked "excessive."
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Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
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