Milliken v. American Realty Capital Hospitality Advisors, LLC et al

Filing 136

ORDER denying 133 Motion to Intervene; denying 133 MOTION to Vacate this Courts preliminary approval of the proposed settlement. Because the Court concurs with Movant that "Dr. Wollman's position in this case as an intervenor does not differ materially from his position in this case as an objector," Mem. of Law (Dkt. 134) at 6, the Court will construe this motion as an objection to the preliminarily approved settlement. The parties should proceed with the briefing schedule set forth in this Court's Order dated February 5, 2020 (Dkt. 128). SO ORDERED.. (Signed by Judge Valerie E. Caproni on 3/31/2020) (jca)

Case 1:18-cv-01757-VEC Document 133 Filed 03/25/20 Page 1 of 2

MEMO ENDORSED

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

TOM MILLIKEN, derivatively on behalf of
HOSPITALITY INVESTORS TRUST, INC.,
Plaintiff,
v.
AMERICAN REALTY CAPITAL HOSPITALITY
ADVISORS, LLC, AMERICAN REALTY
CAPITAL HOSPITALITY PROPERTIES, LLC,
AMERICAN REALTY CAPITAL HOSPITALITY
GRACE PORTFOLIO, LLC, AR CAPITAL, LLC,
AR GLOBAL INVESTMENTS, LLC, NICHOLAS
S. SCHORSCH, WILLIAM M. KAHANE, PETER
M. BUDKO, EDWARD M. WEIL, BRIAN S.
BLOCK, JONATHAN P. MEHLMAN, EDWARD
T. HOGANSON, STANLEY R. PERLA, ABBY M.
WENZEL, AND ROBERT H. BURNS,

USDC SDNY
DOCUMENT
ELECTRONICALLY FILED
DOC #:
DATE FILED: 3/31/2020

Case No. 18-CV-1757 (VEC)
NOTICE OF MOTION TO
INTERVENE AND VACATE
PRELIMINARY APPROVAL OF
THE PROPOSED SETTLEMENT

Defendants,
-andHOSPITALITY INVESTORS TRUST, INC.,
Nominal Defendant.
PLEASE TAKE NOTICE that Stuart Wollman, upon the accompanying Memorandum
of Law, will move, by and through his undersigned counsel, before the Honorable Valerie E.
Caproni, United States District Judge for the Southern District of New York, on such date that the
Court will determine, for an Order: (i) pursuant to Federal Rule of Civil Procedure 24 allowing
him to intervene; and (ii) vacating this Court’s preliminary approval of the proposed settlement of
this action.

Case 1:18-cv-01757-VEC Document 133 Filed 03/25/20 Page 2 of 2

Dated: March 25, 2020

ABRAHAM, FRUCHTER &
TWERSKY, LLP
/s/ Jeffrey S. Abraham
Jeffrey S. Abraham
Michael J. Klein
One Penn Plaza, Suite 2805
New York, NY 10119
Tel: [phone]
Fax: [phone]
[e-mail]
[e-mail]
Attorneys for Movant Stuart Wollman

Because the Court concurs with Movant that "Dr. Wollman's position in this case as an intervenor does
not differ materially from his position in this case as an objector," Mem. of Law (Dkt. 134) at 6, the Court
will construe this motion as an objection to the preliminarily approved settlement. The parties should
proceed with the briefing schedule set forth in this Court's Order dated February 5, 2020 (Dkt. 128).
SO ORDERED.

3/31/2020
HON. VALERIE CAPRONI
UNITED STATES DISTRICT JUDGE

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