Witchko v. Schorsch et al

Filing 297

ORDER. Unless Derivative Plaintiffs' counsel provides contemporaneous and detailed billing records showing services they performed in each particular aspect of the case and showing disbursements, their claim for attorneys' fees will not b e recognized. See N. Y State Ass'n for Retarded Children, Inc. v. Carey, 711 F.2d 1136, 1147-48 (2d Cir. 1983) ("Hereafter, any attorney... who applies for court-ordered compensation in this Circuit for work done after the date of this opinion must document the application with contemporaneous time records. These records should specify, for each attorney, the date, the hours expended, and the nature of the work done."); see also Scott v. City of New York, 626 F.3d 130, 132-3 4 (2d Cir. 2010). This order requires such records as to each counsel seeking fee recovery. The records shall be filed, along with the materials referenced in my prior order dated January 3, 2020 (ECF No. 296) by January 10, 2020. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 1/3/20) (yv)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
-------------------------------------------------------------- X
JOANNE WITCHKO, Derivatively on Behalf of
Nominal Defendant AMERICAN REALTY
CAPITAL PROPERTIES, INC.,

ORDER
15 Civ. 6043 (AKH)

Plaintiff,
-againstNICHOLAS S. SCHORSCH, et al.,

USDCSDNY
DOCUMENT
'ELECTRONICALLY FILED

Defendants,
-and-

DOC #:, _ _ _-t-__,_-:::::::--

AMERICAN REALTY CAPITAL PROPERTIES,
INC.,

DATE FILED: Il / 3, / fc).

Nominal Defendant.
-------------------------------------------------------------- X

ALVIN K. HELLERSTEIN, U.S.D.J.:
Unless Derivative Plaintiffs' counsel provides contemporaneous and detailed
billing records showing services they performed in each particular aspect of the case and
showing disbursements, their claim for attorneys' fees will not be recognized. See N. Y State

Ass'nforRetardedChildren, Inc. v. Carey, 711 F.2d 1136, 1147-48 (2dCir. 1983) ("Hereafter,
any attorney ... who applies for court-ordered compensation in this Circuit for work done after
the date of this opinion must document the application with contemporaneous time records.
These records should specify, for each attorney, the date, the hours expended, and the nature of
the work done."); see also Scott v. City ofNew York, 626 F.3d 130, 132-34 (2d Cir. 2010).

I

This order requires such records as to each counsel seeking fee recovery. The
records shall be filed, along with the materials referenced in my prior order dated January 3,
2020 (ECF No. 296) by January 10, 2020.
SO ORDERED.
Dated:

New York, New York
January 3, 2020

r1il~~
United States District Judge

2