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

Filing 829

ORDER granting ECF No. 828 Stipulation for Payment of SEI PSP's April 2018 Attorneys' Fees. See order for specific details. Signed by Judge Howard D. McKibben on 5/1/2018. (Copies have been distributed pursuant to the NEF - LH)

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1 2 3 4 5 6 JAMES E. GIBBONS (pro hac vice) Cal. State Bar No. 130631 MANNING & KASS ELLROD, RAMIREZ, TRESTER LLP 801 South Figueroa Street, 15th Floor Los Angeles, CA 90017 Tel. (213) 624-6900 jeg@manningllp.com 7 8 9 10 11 12 13 14 15 ROBERT W. COHEN (pro hac vice) Cal. State Bar No. 150310 MARIKO TAENAKA (pro hac vice) Cal. State Bar No. 273895 LAW OFFICES OF ROBERT W. COHEN, A.P.C. 1901 Avenue of the Stars, Suite 1900 Los Angeles, CA 90067 Tel. (310) 282-7586 rwc@robertwcohenlaw.com mt@robertwcohenlaw.com Attorneys for Plaintiffs 16 UNITED STATES DISTRICT COURT 17 18 DISTRICT OF NEVADA 19 20 21 SHIGE TAKIGUCHI, et. al, Individually and On Behalf of All Others Similarity Situated, 22 23 Plaintiffs, v. 24 25 26 27 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 STIPULATION AND ORDER RE PAYMENT OF ATTORNEYS FEES AND COSTS INCURRED BY SUZUKI ENTERPRISES, INC. PROFIT SHARING PLAN DURING APRIL 2018 28 Defendants. STIPULATION AND ORDER RE PAYMENT OF ATTORNEYS FEES INCURRED BY SUZUKI ENTERPRISES, INC., PROFIT SHARING PLAN DURING APRIL 2018 1 2 3 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 4 re Fees”) approving the Stipulation re Payment of Attorneys’ Fees [549] 5 (“Stipulation re Fees”), providing a procedure for payment of legal fees and costs 6 from Plan funds that are presently subject to the preliminary injunction [183] 7 issued by this Court; 8 9 WHEREAS the Plan incurred legal fees and costs in April 2018 in the amount of $1,422.50, in connection with: terminating the Plan, and 10 communications with multiple counsel, Plan fiduciaries and the Court regarding 11 settlement issues; 12 13 14 15 16 17 18 19 WHEREAS such fees and costs are payable as follows: • $297.50 payable to Foundation Law Group LLP, lead counsel for the Plan; and • $1,125.00 payable to Brucker & Morra, APC, ERISA counsel; WHEREAS the invoices for the Plan’s legal fees with specific descriptions of the work accomplished are attached hereto as Exhibit “A”; WHEREAS the Parties have communicated a mutual desire to avoid the necessity of a formal motion for attorneys’ fees through this Stipulation; 20 NOW, therefore, the Parties stipulate as follows: 21 1. $297.50 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; 22 23 24 25 26 27 28 2. $1,125.00 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 Brucker & Morra, APC; 3. The remaining funds held by LPL Financial for the benefit of the Plan shall remain frozen and subject to the preliminary injunction [183] 2 STIPULATION AND ORDER RE PAYMENT OF ATTORNEYS FEES INCURRED BY SUZUKI ENTERPRISES, INC., PROFIT SHARING PLAN DURING APRIL 2018 1 2 3 4 pending a further application for payment of attorneys’ fees and expenses; and 4. Payment of attorneys’ fees and expenses for the month of April 2018 shall be made from cash on hand that is held in the name of the Plan. 5 6 7 8 9 10 DATED: May 1, 2018 DATED: May 1, 2018 MANNING & KASS ELLROD RAMIREZ, TRESTER LLP ENENSTEIN PHAM & GLASS By: /s/ James E. Gibbons Attorneys for Plaintiffs By: /s/ Robert A. Rabbat Attorneys for Suzuki Enterprises, Inc., Profit Sharing Plan 11 12 13 DATED: May 1, 2018 DATED: May 1, 2018 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 14 15 16 17 18 19 20 21 ORDER PURSUANT TO STIPULATION, IT IS SO ORDERED. 22 23 DATED this ____ day of ___________, 2018. 1st May 24 25 26 _________________________________ United State District Court Judge 27 28 3 STIPULATION AND ORDER RE PAYMENT OF ATTORNEYS FEES INCURRED BY SUZUKI ENTERPRISES, INC., PROFIT SHARING PLAN DURING APRIL 2018

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