Phyto Tech Corp. v. Givaudan SA

Filing 59

MEMO ENDORSEMENT granting 58 Motion. ENDORSEMENT: Application granted, providing no objection is filed by 10/20/20. So Ordered. (Signed by Judge John G. Koeltl on 10/14/2020) (ks)

Case 1:19-cv-09033-JGK Document 59 Filed 10/14/20 Page 1 of 4
Case 1:19-cv-09033-JGK Document 58 Filed 10/13/20 Page 1 of 4

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
PHYTO TECH CORP. d/b/a BLUE CALIFORNIA,
Civil Action No.

Plaintiff,

1: 19-cv-09033-JGK
v.
GIVAUDAN SA,
Defendant.

J~

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- -I

LIQUIDATING TRUSTEE'S MOTi
FOR RETENTION OF LEGAL COUNSEL
Andrew De Camara, not individually but solely in his capacity as the Court-appointed
liquidating trustee (the "Liquidating Trustee") of BGN Tech LLC ("BGN"), hereby moves this
Court for entry of an Order authorizing the retention of Katten Muchin Rosenman LLP
("Katten") as legal counsel for the Liquidating Trustee, and respectfully represents as follows :
1.

On September 27, 2019, Phyto Tech Corp. d/b/a Blue California ("Blue Cal")

filed the above-captioned action seeking the appointment of a liquidating trustee pursuant to 6
Del. C. § 18-803 to wind up the affairs of BGN, a limited liability company with members, Blue
Cal and Givaudan SA (" Givaudan", and together with Blue Cal, the "Members").
2.

On January 28, 2020, the Court entered the Order Regarding Appointment of

Liquidating Trustee [Dkt. No. 44] (the "Order"), appointing the Liquidating Trustee to wind up
BGN. In accordance with paragraph 2 of the Order, the Liquidating Trustee filed the Acceptance

ofAppointment of Liquidating Trustee [Dkt. No. 48] on February 3, 2020.
3.

Paragraph 11 of the Order authorizes the Liquidating Trustee, in his sole

discretion, to retain legal counsel, subject to notice to the Members and appointment by the
Court, and provides that a Member must file an objection to the retention of the Liquidating

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Case 1:19-cv-09033-JGK Document 59 Filed 10/14/20 Page 2 of 4
Case 1:19-cv-09033-JGK Document 58 Filed 10/13/20 Page 2 of 4

Trustee 's proposed counsel within seven days of such notice. (See Order at

,r

11 .) The Order

further provides that the Liquidating Trustee may use such counsel at their customary hourly
rates, and that any fees and expenses will be paid from the assets of BGN. (See id.)
4.

The Liquidating Trustee seeks to retain Katten, at its attorneys ' customary hourly

rates, to advise him with respect to his duties in this proceeding. For purposes of disclosure, the
Liquidating Trustee understands that Katten represents an affiliate of Givaudan in matters
unrelated to BGN and this action. The Katten attorneys who will participate in the representation
of the Liquidating Trustee are not involved in the representation of such affiliate.
5.

The Liquidating Trustee has also conferred with the Members and has been

advised that they do not object to his retention of Katten.
WHEREFORE, the Liquidating Trustee respectfully requests that this Court grant the
Motion and authorize the employment and retention of Katten as counsel to the Liquidating
Trustee.

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Case 1:19-cv-09033-JGK Document 59 Filed 10/14/20 Page 3 of 4
Case 1:19-cv-09033-JGK Document 58 Filed 10/13/20 Page 3 of 4

Dated: October 13, 2020

Respectfully submitted,
ls/David A. Crichlow
KATTEN MU CHIN ROSENMAN LLP
David A. Crichlow
575 Madison Avenue
New York, NY 10022
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
-andPeter A. Siddiqui (to be admitted pro hac vice)
Allison E. Yager (to be admitted pro hac vice)
525 W. Monroe Street
Chicago, IL 60661
Ph: [phone]
Fax: [phone]
Email: peter.siddiqui@katten .com
[e-mail]
Proposed Counsel for the Liquidating Trustee

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Case 1:19-cv-09033-JGK Document 58 Filed 10/13/20 Page 4 of 4

Certificate of Service
I hereby certify that on October 13, 2020, I electronically filed the foregoing Liquidating
Trustee 's Motion for Retention of Legal Counsel with the Clerk of the United States District
Court, Southern District of New York using the CM/ECF system, which would then
electronically notify all CM/ECF participants on this case.

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