Kim et al v. Yoo et al

Filing 152

OPINION: re: 145 MOTION to Enforce Judgment . filed by Zhe Y. Shen, Young M. Choi, Tae H. Kim, Jin H. Park, Eutemio Morales, Jong H. Song, Hong S. Kim, Dong M. Ju, R. Julian Ventura, Chul G. Park, Yoon C. Kim, 138 MOTION for Attorney Fees . filed by Zhe Y. Shen, Young M. Choi, Tae H. Kim, Jin H. Park, Eutemio Morales, Jong H. Song, Hong S. Kim, Dong M. Ju, R. Julian Ventura, Chul G. Park, Yoon C. Kim, 142 FIRST MOTION for Attorney Fees by Plaintiffs Counsel Jackson CHIN. filed by Eutemio Morales, R. Julian Ventura. The Plaintiffs have moved for an award of attorneys' fees in this action. The motion was opposed and heard and marked fully submitted on July 11, 2018. The Plaintiffs have also moved for an order seeking compliance with the judgment entered May 17, 2018 which was opposed and heard and marked fully submitted on August 1, 2018. Both motions are granted as set forth below. The fees of Kenneth Kimerling, Esq. in the amount of $83,997 are granted. The fees of Jackson Chin in the amount of $50,490 are granted. The fees of Shearman and Sterling in the amount of $130,140 are granted as consistent with the rate earlier determined by the Honorable Michael H. Dolinger, United States Magistrate. Costs and disbursements in the sum of $25,983.07 are The motion to enforce the judgment pursuant to Rule 70(a), F.R.Civ.P. is granted. By March 1, 2019, Defendants shall restore the Condo (325 Fifth Avenue, Unit 38 E, New York, NY 1001 6, Block 862, Lot 1518) to the tenancy in common of Ji Sung Yoo and Carolyn Yoo. By March 1, 2018, Defendants shall restore the Home 52-32 Leith Place, Little Neck, New York, 11362, Block 8251, Lot 55) to the joint tenanc y in the entirety of Ji Sung Yoo and Sandra Yoo. By March 1, 2019, Defendant shall restore the Brooklyn Property (1507 Avenue U, Brooklyn, NY 11229, Block 7320, Lot 46) to the sole ownership of Ji Sung Yoo. It is so ordered. (Signed by Judge Robert W. Sweet on 1/29/2019) (js) Modified on 1/30/2019 (js).

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

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TAE H. KIM, YOUNG M. CHOI, DONG
M. JU, HONG S. KIM, YOON C. KIM,
CHUL G. PARK, JIN H. PARK, EUTEMIO
MORALES, ZHE Y. SHEN, JONG H.
SONG and R. JULIAN VENTURA,
Plaintiffs,
-againstJI SUNG YOO a.k.a. JISUNG YOO a.k.a.
JI S. YOO a.k.a. JAY YOO, SANDRA YOO
a.k.a. SANDRA YEAR KUM YOO a.k.a
YEAR KUM YOO, SAMUEL D. YOO, and
CAROLYN YOO,
Defendants.

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APPEARANCES:
Attorneys for Plaintiffs
PUERTO RICAN LEGAL DEFENSE and
EDUCATION FUND, INC.
99 Hudson Street, 14 t h Floor
New York, NY 10013
By:
Jackson Chin, Esq.
ASIAN AMERICAN LEGAL DEFENSE
99 Hudson Street
New York, NY 10013
By:
Kenneth Kirnerling, Esq.
Attorneys for Defendants
LARSEN ADVOCATES
101 ist Place
Brooklyn, NY 11231
By:
Kristian Karl Larsen, Esq.

15 Civ. 3110
OPINION

Sweet, D.J.

The Plaintiffs have moved for an award of attorneys'
fees in this action. The motion was opposed and heard and marked
fully submitted on July 11, 2018. The Plaintiffs have also moved
for an order seeking compliance with the judgment entered May
17, 2018 which was opposed and heard and marked fully submitted
on August 1, 2018. Both motions are granted as set forth below.

The fees of Kenneth Kimerling, Esq. in the amount of
$83,997 are granted.

The fees of Jackson Chin in the amount of $50,490 are
granted.

The fees of Shearman and Sterling in the amount of
$130,140 are granted as consistent with the rate earlier
determined by the Honorable Michael H. Dolinger, United States
Magistrate.

Costs and disbursements in the sum of $25,983.07 are
granted.

1

The motion to enforce the judgment pursuant to Rule
70(a), F.R.Civ.P. is granted .

By March 1, 2019, Defendants shall restore th e Condo
(325 Fifth Avenue , Unit 38 E, New York, NY 1001 6, Block 862 , Lot
1518) t o the tenancy in common of Ji Sung Yoo and Carolyn Yoo.

By March 1, 2018 , Defendants shall restore the Home
52-32 Leith Place , Little Neck, New York , 11362, Block 8251 , Lot
55) to the joint tenancy in the ent irety of Ji Sung Yoo and
Sandra Yoo .

By March 1, 20 1 9 , Defendant shall restore the Brooklyn
Property (1507 Avenue U, Brooklyn, NY 11229, Block 7320 , Lot 46)
to the sole ownership of Ji Sung Yoo .

It is so ordered.

New York, NY
January ~ , 2019
U.S.D . J.

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