Gulino, et al v. Board of Education, et al

Filing 3262

ORDER re: 2887 Special Master's Report, filed by John S. Siffert. The Court hereby adopts all of the findings and recommendations of the Report, including the hourly rates recommended by the Special Master. The Court awards Plaintiffs a total of $2,900,752.36 in attorneys' fees. The award shall be paid no later than December 23, 2019. (Signed by Judge Kimba M. Wood on 11/22/19) (yv)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

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GULINO, ET AL.,

USDSSDNY
DOCUMENT
ELECTRONICALLY FILED
DOC #: _ _ _ _ __ _
DATE FILED: 11 /d--'7/ IC(

Plaintiffs,
-againstTHE BOARD OF EDUCATION OF THE
CITY SCHOOL DISTRICT OF THE CITY
OF NEW YORK,

96-CV-8414 (KMW)
ORDER

Defendant.

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KIMBA M. WOOD, United States District Judge:
On October 18, 2019, Special Master John S. Siffert issued his Interim Report and
Recommendation recommending granting Plaintiffs' motion for interim attorneys' fees (the
"Report"). (ECF No. 2887.) That Report recommends an interim award of Plaintiffs' interim
attorneys' fees and costs associated with the work of Plaintiffs' prior counsel at the law firm of
Stephen G. Selinger (the "Selinger Firm") for the period of November 1995 through May 2014
(the "Selinger Fees Period") in the total amount of $2,900,752.36. 1 The Report reviews the
complex issues addressed by counsel during the above-mentioned time period and the
reasonableness of the billing rates for various attorneys. The Special Master also undertook a
meticulous review of attorneys' time.

1

During the Seliger Fees Period, Stephen G. Seliger, Esq., practiced law through his corporation, Stephen G.
Seliger, Ltd., which operated at various times under the names Seliger & Mikva, Ltd., Stephen G. Seliger, Ltd.,
Seliger, Elkin & Dolan, Ltd. , and Seliger & Elkin, Ltd. I use the term "Seliger firm" to encompass all these entities.
Mr. Seliger passed away on May 13 , 2014. At that time, Mr. Seliger was the sole shareholder of his corporation.
Plaintiffs' make their motion in the name of the Stephen G. Seliger Trust, as successor-in-interest to the Seliger firm
under a liquidation plan and assignee of all amounts receivable by the Seliger firm. Plaintiffs state that "[m]onies
received by the Stephen G. Seliger Trust will be used to settle outstanding debts incurred by Mr. Seliger in order to
bring and prosecute this case." See Declaration of Barbara J. Franco O lshansky, dated May 13 , 2019 ("O lshansky

DMl. 11 ) !lt ~42.

The Court notes that the parties have represented to the Special Master that they do not
intend to file objections to the Report. The Report also notes that Plaintiffs have not waived their
claim to entitlement to the compensation they originally requested for this period.
The Court hereby adopts all of the findings and recommendations of the Report,
including the hourly rates recommended by the Special Master. The Court awards Plaintiffs a
total of $2,900,752.36 in attorneys' fees. The award shall be paid no later than December 23 ,
2019.
Dated: New York, New York
November 22, 2019
KIMBA M. WOOD
United States District Judge

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