Carton v. Westland Properties, LLC

Filing 20

REPORT AND RECOMMENDATIONS by Chief Magistrate Judge Karen B. Molzen. Objections to R&R due by 7/24/2017. Add 3 days to the deadline if service is by mailing it to the person's last known address (or means described in Fed. R . Civ. P. 5(b)(2)(D) and (F)); if service is by electronic means, no additional days are added. (Fed. R. Civ. P. 6(d); Fed. R. Crim. P. 45(c).) Attachments: (1) Attachment A - Carton agreement with LMFS (2) Attachment B - Carton agreement with Pomeranz (3) Attachment C - Pomeranz agreement with LMFS (ng)

Case 1:17-cv-00037-KG-SCY Document 38 Filed 05/19/17 Page 1 of 5
Sharon E. Pomeranz
Law Office of Sharon Pomeranz
143 Pine St.
Santa Fe, NM 87501
Telephone: [phone]
[e-mail]
Attorney for Plaintiff
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO

ALYSSA CARTON,
Plaintiff,
v.

CIV 17-0037 KG/SCY

CARROLL VENTURES, INC.,
Defendant.

NOTICE OF FILING
COMES NOW Sharon Pomeranz, and pursuant to the Court’s Order of May 17, 2017, files
the Fee Agreement between Alyssa Carton, Client, and Sharon Pomeranz, Attorney. The
agreement is attached to this Notice of Filing.
RESPECTFULLY SUBMITTED May 19, 2017.
LAW OFFICE OF SHARON POMERANZ
/s/
Sharon E. Pomeranz
Law Office of Sharon Pomeranz
143 Pine St.
Santa Fe, NM 87501
Telephone: [phone]
Email: [e-mail]
Attorney for Plaintiff

Case 1:17-cv-00037-KG-SCY Document 38 Filed 05/19/17 Page 2 of 5

SHARON POMERANZ

143 PINE STREET
SANTA FE, NEW MEXICO 87501

LAW FIRM OF SHARON POMERANZ
FEE AGREEMENT
For Legal Services, Costs, Expenses, and Legal Financing
Client: Alyssa Carton

This agreement is between Alyssa Carton ("Client") and Sharon Pomeranz ("Attorney"). All further
references in this agreement to Client shall include all persons designated and signing below as Client. If
Client is a representative of a deceased person, it is understood and agreed that the Estate of the
deceased person is also a Client of Attorney.
By this agreement, Client hires Attorney to represent and advise Client regarding any claims arising out
of Title Ill of the Americans with Disabilities Act, 42 U.S.C. SS 12101 et sea.. (the "ADA") and its
implementing regulations against public accommodations as defined in 42 U.S.C. S 12181(7).
Client understands that Attorney is not representing or advising Client in any other legal matters under
the terms of this agreement. In particular, Attorney is not representing Client concerning any probate,
financial investment, debts owed, child support or any other matters.

Authority to Act
Client authorizes Attorney to act on Client's behalf in ail matters related to Client's claims. Attorney
agrees to abide by Client's decisions regarding the objectives of the representation, and shall consult
with Client as to the means by which they are pursued.

The Attorney's Fee
The fee of Attorney for representing Client is $100.00 per case filed on behalf of Client. Client authorizes
payment to Attorney by third-party litigation management support company ("LMSC"). 1

I

The low flat-fee is based upon the Client's expressed interest in enforcement of federal ADA regulations
as weil as attorney consideration of a client's inability to pay a reasonable fee, Persons unable to pay all
or a portion of a reasonable fee should be able to obtain necessary legal services, and lawyers should
support and participate in ethical activities designed to achieve that objective.

Case 1:17-cv-00037-KG-SCY Document 38 Filed 05/19/17 Page 3 of 5

Costs and Expenses
Costs and expenses incurred by Attorney in its representation of Client are
covered by the attorney unless otherwise agreed upon with Client. Client agrees
that LMSC may cover some or all of attorney's costs and expenses.
Costs and expenses include, but are not limited to, fees for expert witnesses, filing
fees, fees for service of process, deposition costs, travel expenses, investigators'
fees and expenses, copying charges, long distance telephone charges, messenger
service fees, and Westlaw/ Lexis Nexis legal research charges.

Associate Third Party Litigation Management Support Company
Attorney may retain support staff and support companies including the Company as a third-party LMSC.
The retention of any LMSC shall not change the fee owed to Attorney by Client or the duties owed to
Client by Attorney.
LMSC is anticipated to provide attorney with litigation support including, but not limited to, initial
drafting of legal filings, managing correspondence from opposing counsel/parties, and facilitating
settlement discussions as directed by Attorney and with final authorization by Client. Attorney will
provide LMSC authority to present settlement offers to opposing counsel/parties.

Substitution or Withdrawal
In the event that Client chooses to terminate this agreement prior to a judgment or other recovery,
Attorney shall be entitled to no further payment from client than as defined in Costs and Expenses and
Attorney's Fee sections above.
Attorney may terminate this agreement and withdraw from representation of Client if Client fails to
reasonably assist and cooperate in the preparation of the work. In such circumstances, Client will
reimburse Attorney for any costs or expenses, if any, that have been incurred on Client’s behalf.
Attorney may also terminate this agreement and withdraw from representation of Client if it becomes, in
the good faith judgment of Attorney, imprudent, illegal or unethical to pursue Client's claims. If Attorney
terminates this agreement and withdraws from representation of Client under these circumstances,
Client does not owe Attorney any fees for legal services.

Additional Compensation and Client Waiver of Monetary Recovery
In the event that Client's case(s) result in a judicial award or settlement payment ("Monetary Recovery"),
Attorney shall receive an amount equal to one-hundred percent (100%) of the Monetary Recovery if
effected by settlement before or after service of suit, with or without trial or if said monetary recovery is
an award of the Court. Client understands and affirmatively acknowledges that the Attorney's receipt(s)
of all proceeds from monetary recoveries are calculated to reasonably compensate Attorney,

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Case 1:17-cv-00037-KG-SCY Document 38 Filed 05/19/17 Page 4 of 5

staff, and support companies for the risk, burden, expense legal work and services
necessary to Clients cases.

Governing Law, Exclusive: Jurisdiction and Venue.
The Agreement shall be governed by the laws of the State of New Mexico, without regard for choice-oflaw provisions. Each party consents to personal, subject matter, and all other jurisdictional requirements
and venue exclusively within the State of New Mexico.

No Advice Regarding This Fee Agreement
Attorney is not acting as Clients' counsel in advising Client with respect to this agreement, as Attorney
would have a conflict of interest in doing so. If Client wishes to be advised by independent counsel
concerning this fee agreement, Attorney recommends that Client consult with independent counsel of
their choice. In addition, if Client has any questions or would like additional information, Attorney would
be happy to discuss this matter with Client.

Representation
Attorneys representation is effective as of the date Attorney begins providing services to Client as a
result of the requested representation. Attorney will undertake Client's representation and work with
Client to achieve the desired objectives by using Attorney's best judgment, skill, and experience. Client
understands that Attorney cannot and has not made any guarantee regarding the outcome of this
matter. Client further understands that Attorney will investigate Client's claims and if the claims do not
appear to Attorney to have merit or are not economically feasible to pursue, Attorney shall have the
right to cancel this agreement by notifying Client in writing at Client's last known address.

CLIENT ACKNOWLEDGES THAT CLIENT HAS READ THIS AGREEMENT IN ITS
ENTIRETY, THAT CLIENT UNDERSTANDS IT, AND THAT CLIENT AGREES TO ITS

Case 1:17-cv-00037-KG-SCY Document 38 Filed 05/19/17 Page 5 of 5

TERMS AND CONDITIONS.

Alyssa C

Dated:

Page 3 of 3

rton

By: