Takiguchi et al v. MRI International, Inc. et al

Filing 443

ORDER re ECF No. 439 Status Report. The Suzukis may pay up to $10,000.00 per month for attorney's fees relating to this litigation only and up to $5,000.00 per month for expenses related to the preservation of assets. The Suz ukis shall file monthly accountings with the court detailing any such expenditures. Please see attached for further details. Signed by Judge Howard D. McKibben on 6/30/16. (Copies have been distributed pursuant to the NEF - JC)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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SHIGE TAKIGUCHI, FUMI NONAKA,
MITSUAKI TAKITA, TATSURO SAKAI,
SHIZUKO ISHIMORI, YUKO NAKAMURA,
MASAAKI MORIYA, HATSUNE HATANO,
AND HIDENAO TAKAMA, Individually
and on Behalf of All Others
Similarly Situated,

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Plaintiffs,
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vs.
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MRI INTERNATIONAL, INC., EDWIN J )
FUJINAGA, JUNZO SUZUKI, PAUL
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MUSASHI SUZUKI, LVT, INC., dba
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STERLING ESCROW, and DOES 1-500, )
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Defendants.
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_________________________________ )

2:13-cv-01183-HDM-VCF
ORDER

On September 18, 2014, the court entered a preliminary

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injunction freezing the Suzukis’ assets (ECF No. 183).

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allowed a limited exception to the freeze for “normal living

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expenses and legal fees.”

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defendants have expended at least $1,717,090.24 in attorney’s fees,

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$8,447.86 for general living expenses, and $5,821.59 for

Id. at 17.

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The order

Since that date, the

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preservation of assets.

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response to the plaintiffs’ request that the court modify the

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injunction to limit or eliminate the attorney’s fee carve-out, the

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court directed the Suzukis to provide the court with a reasonable

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monthly limit for attorney’s fees.

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the Court Dated May 2, 2106)).

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on May 17, 2016, suggests a monthly limit of $90,000.00 for

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attorney’s fees, $40,000.00 of which would be for this litigation

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alone (ECF No. 439).

(ECF No. 355).

On May 2, 2016, in

(See ECF No. 424 (Minutes of

The schedule filed by the Suzukis

The schedule further proposes a monthly limit

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of $10,000.00 for preservation of assets, and indicates that at the

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time of filing the Suzukis had $66,838.99 in outstanding invoices

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for preservation of assets.

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provides any sort of detail as to these expenditures.

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Id.

Nothing filed by the Suzukis

The amounts sought in the schedule filed on May 17, 2016, are

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unreasonable and are not authorized by the provision of the

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injunction allowing payment of reasonable fees relating to this

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litigation only.

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injunction that allows payment of normal living expenses and legal

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fees, the Suzukis may pay up to $10,000.00 per month for attorney’s

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fees relating to this litigation only and up to $5,000.00 per month

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for expenses related to the preservation of assets.

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shall file monthly accountings with the court detailing any such

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expenditures.

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and all persons and entities under the control of or acting in

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concert with either of them are prohibited from using any of the

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assets or expending any of the funds that are the subject of the

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injunction in excess of the amounts set forth above without prior

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authorization of the court.

Accordingly, pursuant to the provision of the

The Suzukis

The Suzukis and their agents and representatives,

All requests for excess expenditures
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shall be submitted to the court for consideration, and the court,

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after considering any objection by the plaintiffs, may increase the

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amount authorized by this order for good cause shown.

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request shall contain an itemization of the funds expended

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sufficient for the court to determine the reasonableness of the

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expenditures.

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IT IS SO ORDERED.

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DATED: This 30th day of June, 2016.

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____________________________
UNITED STATES DISTRICT JUDGE

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Any such