Witchko v. Schorsch et al

Filing 309

ORDER: On January 21, 2020, I held a fairness hearing in the above-captioned action. For the reasons discussed at the hearing, I have entered the Final Order and Judgment Approving Settlement. To resolve remaining issues: 1. As agreed by the parties and stipulated on the record at the hearing, within ten business days, VEREIT, Inc. ("VEREIT") shall pay $250,000 total in attorneys' fees and $3,000 total in expenses to plaintiffs' counsel in Meloche v. Schorsch, No. 1 : 16-cv-03366-ELH (D. Md.); $250,000 total in attorneys' fees and $3,000 total in expenses to plaintiffs' counsel in Fran Kosky Roth IRA v. Schorsch, No. 653093/2016 (Sup. Ct. N.Y. Cty.); and $250,000 total in attorneys' fees and $3,000 total in expenses to plaintiffs' counsel in Frampton v. Schorsch, No. 24-C-15-006269 (Md. Cir. Ct.). Plaintiffs' counsel shall dismiss their respective actions with prejudice and without further costs. 2. By January 24 , 2020, counsel to plaintiffs in the above-captioned action ("Derivative Counsel") and VEREIT shall submit a proposed schedule for Derivative Counsel's filing of adjusted submissions regarding attorneys' fees and expenses, and for VEREIT's response. (Signed by Judge Alvin K. Hellerstein on 1/22/2020) (jwh)

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

ORDER
15 Civ. 6043 (AKH)

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

USDC sn ~ Y

Defendants,

DOCfll\1 !' ·~ T

-and-

I FLEC:TIH>~ ICALLY FIL ED

AMERICAN REAL TY CAPITAL PROPERTIES,
INC.,

DOC#:

· UATE FILED:

I

-f_-

l(n µ~i:o II

Nominal Defend ant.
-------------------------------------------------------------- X

ALVIN K. HELLERSTEIN, U.S.D.J.:
On January 21 , 2020, I held a fairness hearing in the above-captioned action. For
the reasons discussed at the hearing, I have entered the Final Order and Judgment Approving
Settlement. To resolve remaining issues:
1. As agreed by the parties and stipulated on the record at the hearing, within

ten business days, VEREIT, Inc. ("VEREIT") shall pay $250,000 total in
attorneys' fees and $3,000 total in expenses to plaintiffs' counsel in

Meloche v. Schorsch, No. 1: 16-cv-03366-ELH (D. Md.); $250,000 total in
attorneys' fees and $3 ,000 total in expenses to plaintiffs' counsel in Fran

Kosky Roth IRA v. Schorsch, No. 653093/2016 (Sup. Ct. N.Y. Cty.); and
$250,000 total in attorneys' fees and $3,000 total in expenses to plaintiffs'
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I

counsel in Frampton v. Schorsch, No. 24-C-15-006269 (Md. Cir. Ct.).
Plaintiffs' counsel shall dismiss their respective actions with prejudice and
without further costs.
2. By January 24, 2020, counsel to plaintiffs in the above-captioned action
("Derivative Counsel") and VERBIT shall submit a proposed schedule for
Derivative Counsel' s filing of adjusted submissions regarding attorneys'
fees and expenses, and for VEREIT's response.
SO ORDERED.
Dated:

New York, New York
January 22, 2020
a

United States District Judge

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