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

Filing 677

ORDER granting ECF No. 671 Stipulation re Payment of Attorneys Fees and Costs Incurred by Suzuki Enterprises, Inc. Profit Sharing Plan During April 2017. Signed by Judge Howard D. McKibben on 5/8/2017. (Copies have been distributed pursuant to the NEF - DRM)

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GREGG ZUCKER, ESQ.
Cal. Bar No. 166692 (pro hac vice)
Email: [e-mail]
FOUNDATION LAW GROUP LLP
2049 Century Park E., Suite 2460
Los Angeles, CA 90067
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
Suzuki Enterprises, Inc. Profit Sharing Plan

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ROBERT A. RABBAT, ESQ.
Nevada Bar No. 12633
Email: [e-mail]
ENENSTEIN RIBAKOFF LAVIÑA & PHAM
3960 Howard Hughes Parkway, Suite 280
Las Vegas, NV 89169
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
Suzuki Enterprises, Inc. Profit Sharing Plan

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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SHIGE TAKIGUCHI, et. al,
Individually and On Behalf of All
Others Similarity Situated,

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Plaintiffs,
v.

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

Case No.: 2:13-cv-01183-HDM-NJK
ORDER RE PAYMENT OF
ATTORNEYS FEES AND COSTS
INCURRED BY SUZUKI
ENTERPRISES, INC. PROFIT
SHARING PLAN DURING
APRIL 2017

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Defendants.
STIPULATION AND ORDER RE PAYMENT OF ATTORNEYS FEES INCURRED BY SUZUKI
ENTERPRISES, INC., PROFIT SHARING PLAN DURING APRIL 2017

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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

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re Fees”) approving the Stipulation re Payment of Attorneys’ Fees [549]

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(“Stipulation re Fees”), providing a procedure for payment of legal fees and costs

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from Plan funds that are presently subject to the preliminary injunction [183]

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issued by this Court;

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WHEREAS the Plan incurred legal fees and costs in April 2017, in the
amount of $6,274.12, for coordinating global settlement discussions, negotiating

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with Plaintiffs, communications with multiple counsel and Plan fiduciaries

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regarding settlement issues, and preparing an Answer and Initial Disclosures on

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behalf of the Plan;

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WHEREAS such fees and costs are payable as follows:
 $3,748.50 payable to Foundation Law Group, LLP, lead counsel for

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the Plan, focusing on settlement discussions with Plaintiffs and

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coordination of global settlement discussions; and

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 $2,525.62 payable to Enenstein Ribakoff LaViña & Pham, local
counsel for the Plan, focusing on document preparation;

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WHEREAS the Plan’s invoices are attached hereto as Exhibit “A”;

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WHEREAS the Parties have communicated a mutual desire to avoid the

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necessity of a formal motion for attorneys’ fees through this Stipulation;

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NOW, therefore, the Parties stipulate that:

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1. Payment of the Plan’s legal fees and expenses for the month of April
2017, in the total amount of $6,274.12, shall be made from the funds held
by LPL Financial for the benefit of the Plan with the specific breakdown
of this total amount below;

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2. $3,748.50 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;
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STIPULATION AND ORDER RE PAYMENT OF ATTORNEYS FEES INCURRED BY SUZUKI
ENTERPRISES, INC., PROFIT SHARING PLAN DURING APRIL 2017

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3. $2,525.62 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 Enenstein Ribakoff LaViña & Pham;
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

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5. Payment of attorneys’ fees and expenses for the month of April 2017 (per
items 2 and 3 above) shall be made from cash on hand that is held in the
name of the Plan.
DATED this 3rd day of May, 2017

DATED this 3rd day of May, 2017

MANNING & KASS ELLROD
RAMIREZ, TRESTER LLP

ENENSTEIN RIBAKOFF LAVIÑA
& PHAM

By: /s/ James E. Gibbons
Attorneys for Plaintiffs

By: /s/ Robert A. Rabbat
Attorneys for Suzuki Enterprises,
Inc., Profit Sharing Plan

DATED this 3rd day of May, 2017

DATED this 3rd day of May, 2017

LAW OFFICES OF ROBERT W.
COHEN, A.P.C.

FOUNDATION LAW GROUP LLP

By: : /s/ Robert W. Cohen
Attorneys for Plaintiffs

By: /s/ Gregg D. Zucker
Attorneys for Suzuki Enterprises,
Inc., Profit Sharing Plan

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ORDER
PURSUANT TO STIPULATION, IT IS SO ORDERED.

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DATED this ____ day of ___________, 2017.
May
8th
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STIPULATION AND ORDER RE PAYMENT OF ATTORNEYS FEES INCURRED BY SUZUKI
ENTERPRISES, INC., PROFIT SHARING PLAN DURING APRIL 2017