Philadelphia Indemnity Insurance Company v. Levine, Katz, Nannis & Solomon, P.C. et al

Filing 173

Judge Rya W. Zobel: ORDER entered. re 172 JOINT STATEMENT re settlement proceeds.(Urso, Lisa)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS

CIVIL ACTION NO. 10-12054-RWZ

PHILADELPHIA INDEMNITY INSURANCE COMPANY
v.
BRUCE C. LEVINE

ORDER
October 3, 2017

ZOBEL, S.D.J.
Defendant Bruce C. Levine and interpleader defendants Katz, Nannis &
Solomon, P.C., Allen G. Katz, Lawrence Nannis, and Jeffrey D. Solomon (collectively
“KNS Parties”) submitted their respective proposals concerning the pro rata distribution
of settlement proceeds. Docket # 172. They dispute only whether fees and expenses
of $31,100.12 incurred by Levine to Collora LLP should be included as an allocable
cost. KNS Parties argue that “Collora did nothing to advance Levine’s case against
PIIC and did nothing to create the settlement funds to be allocated.” Id. at 2. Levine
contends that “those fees and expenses were necessary in order for Mr. Levine to
obtain any recovery from PIIC in this matter.” Id. Because it is unclear to what extent, if
any, Collora assisted with the resulting settlement between PIIC and Levine, the court
splits the difference and allocates half the Collora fees and expenses to Levine.
Accordingly, the proceeds shall be allocated pro-rata as follows:

Levine’s expenses:
Item
Sallop Settlement
Castleman Law LLC
Murtha Cullina LLP
Paul Amoruso
FTI Consulting
McMahon Associates
Castleman Law, LLC
Collora LLP
TOTAL:

Amount
$1,000,000.00
$58,737.11
$565,000.00
$14,221.98
$97,470.00
$2,700.00
$12,667.00
$15,550.06
$1,766,346.15

KNS Parties’ expenses:
Item
Holland & Knight
Murtha Cullina LLP
Jams, Inc.
Castleman Law, LLC
Reporters, Inc.
FTI
LeClairRyan
Sallop Settlement
TOTAL:
Total Expenses:

Amount
$40,000.00
$92,504.02
$2,366.66
$331,844.33
$5,039.25
$176,933.64
$40,100.00
$150,000.00
$838,847.90
$2,605,194.05

Levine’s share: ($1,766,346.15 / $2,605,194.05 = 67.801%) x $1,200,000 = $813,612
KNS Parties’ share: ($838,847.90 / $2,605,194.05 = 32.199%) x $1,200,000 =
$386,388.
Accordingly, it is ordered that the settlement proceeds (Docket # 162) be
distributed to Levine in the amount of $813,612 and to KNS Parties in the amount of
$386,388.

October 3, 2017

/s/Rya W. Zobel

DATE

RYA W . ZOBEL
SENIOR UNITED STATES DISTRICT JUDGE

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