Harris, et al v. Velichkov, et al

Filing 169

STIPULATION AND ORDER for release of funds for fees and expenses owed to Gary,Williams, Parenti, Watson & Gary, P.L., counsel for the Plaintiff, the Estate of Chaungene Ward. Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)

IN THE uNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA·
KENA HARRIS, as Administrator of the
Estate of Chaungene L. Ward, Deceased,
and MONICANOLAN,

8:09cV349

Plaintiffs,

STIPULATION FOR
RELEASE OF FUNDS

vs.
OLEG VELICHKOV, et al.,
Defendants.
·,

WHEREAS, on March 25, 2013, this Court directed the deposit with the Clerk of Court of
certain settlement funds; and
WHEREAS, the funds to be deposited include $114,556.21 in fees owed to Gary,
Williams, Parenti, Watson & Gary, P.L. ("Gary, Williams"), coUllsel for the Estate of ChaUllgene ·
. Ward, Plaintiff in this action (the "Estate"); and
WHEREAS, tlie funds to be deposited include $62,994.08 in costs owed to Gary,
Williams (collectively with the fees owed to Gary, Williams, the "Funds"); and
WHEREAS, LPG National Capital, LLC (''LPG") and The Northern Trust Company
("Northern Trust':) ·each hold senior liens over all fees and costs owed· to Gary, Williams P\lrsuant
to secm·ed loans to Gary, Williams which are in default; and .
WHEREAS, no creditor of Gary, Williams other than LPG and Northern Trnst hold liens
senior to the liens of LFG and Northem Trust; and
WHEREAS, $19,092 of the fees owed to Gary, Williams represents amounts owed by
Gary, Williams to Phyllis Gillespie, Esq., an attorney formerly associ.ated with Gary, Williams;
and

WHEREAS; $5,000 dfthe costso'Ned.to Gaty;. Williams represents asumtobelreld in
trust fol'the payment. offurther medical bills incurred by the Estate; and
WHEREAS, $8,471.88 ofthe costs owed to Gary, Williams

represents~osts indurr~dby .

Gary, Williams butnotpaid; and
.•• WHEREAS, Qary,

Wllli~ms, LFG,.ari&Northern Trust wish to arrangefonhe expeditio~s

release of the F.unds, on the tettns· reflected .by this Stipulation; and
. WHEREAS, counsel for l)efendants ass.erts no objection to the allocation df f<;es an~
costs reflected b~low;
ITISHEREB Y STIPULATED, by attd betwe(ln'the urtdetsigned parties; ancl s()qrdered
by the Court, thatfromthe FJ.mds deposited with the Clerk ofComi:
l.

The Clel'k shall issue a checkto The Northern Trust Company in the amount of
$72,498.20;

2. .

The Clerksha11 issue a checktoLFGNational Capital; LLC in the 8.n:lount <if

3.

The Cl!:lrl;: shall issue a check to Gary, Williams in the amount of$27,563.88; and

4.

The Clerk shall .issue a check to the Estate in the amount of$5,000.

'

Dated: March 29,2013

ScottS. Balber
Cooley LLP
1114 Avenue of the Americas
NewYotk, NY 100.36
[phone] .
. Counsel for LFGNatio11alCapital, LLC

.Chan B;atlt blley · · · · · ·
OJl~~1t/U1)btu6.
Gary, Williams, Parenti, Watson & Gary, P.L.
320 S. Indian River Drive
·
Fort Pierce, FL 34948
[phone]
CouYiselfor Gary, Williams

s ott

'1r --·- h:~jlh~

ewman
llarid & Knight
222 Lal.\eview Avenue, Suite 1000
West PalmBeach, FL 33401

Enn C. Duggan Pember
Wolfe, Snowden, Hurd, Luers & Ahl, LLP
1248 0 Street, Suite 800
Lincoln, NE 68508

[phone]

(402) 474'1507

Counsel for The Northern Trust Co.

Counsel for Defendant.y

SO ORDERED:

3/29/2013
Hon. Cheryl R. Zwart, U.S.M.J.

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