DEVON IT, INC. et al v. INTERNATIONAL BUSINESS MACHINES CORPORATION et al

Filing 306

ORDERED THAT THE MOTION OF MITTS MILAVEC LLC FOR THE APPLICATION OF AN ATTORNEY'S CHARGING LIEN OR, IN THE ALTERNATIVE THE IMPOSITION OF A CONSTRUCTIVE TRUST 144 IS DENIED. THE CLAIMS OF THE INTERVENORS IN THEIR COMPLAINT DOC. NOS. 271 , [273 ], 276 ARE GRANTED AND THE INTERVENORS WILL BE PAID FOR SERVICES RENDERED FROM DECEMBER 27, 2011 TO MARCH 2013 WHEN THE INTERVENORS CEASED WORKING ON BEHALF OF DEVON. ETC.. THE CLERK OF COURT IS DIRECTED IS DIRECTED TO HOLD THE $4.1 MILLION IN ESCROW PENDING THE RESOLUTION OF THE AMOUNT DUE TO THE INTERVENORS. A FURTURE FINAL ORDER WILL BE ENTERED DIRECTING THE CLERK OF COURT TO DISTRIBUTE THE $4.1 MILLION IN ESCROW FUNDS TO THE INTERVENORS AND DEVON AFTER THE AMOUNT DUE TO THE INTERVENORS IS FINALIZED. SIGNED BY HONORABLE JOEL H. SLOMSKY ON 11/21/2013. 11/22/2013 ENTERED AND COPIES E-MAILED.(sg )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
DEVON IT, INC., et al.,
Plaintiffs,

CIVIL ACTION
NO. 10-2899

v.
IBM CORP., et al.,
Defendants.
ORDER

AND NOW, this 21st day of November 2013, upon consideration of the Motion of Mitts
Milavec LLC for the Application of an Attorney’s Charging Lien or, In the Alternative the
Imposition of a Constructive Trust (Doc. No. 144), Devon’s Responses in Opposition (Doc. Nos.
156, 157, 217), the Motions to Intervene (Doc. Nos. 179, 195, 196, 203), Responses to the
Motions to Intervene (Doc. Nos. 186, 188, 190, 201, 204), the Intervenors’ Complaints (Doc.
Nos. 271, 272, 273, 276), Devon’s Answers (Docs. No. 286, 287, 288), related filings (Doc. Nos.
292, 293, 295, 296, 297, 298, 299), and the testimony and exhibits introduced during the six days
of evidentiary hearings, and in accordance with the Opinion of the Court issued this day, it is
ORDERED that:
1. The Motion of Mitts Milavec LLC for the Application of an Attorney’s Charging Lien
or, In the Alternative the Imposition of a Constructive Trust (Doc. No. 144) is
DENIED.
2. The claims of the Intervenors in their Complaints (Doc. Nos. 271, 273, 276) are
GRANTED and the Intervenors will be paid for services rendered from December
27, 2011 to March 2012 when the Intervenors ceased working on behalf of Devon.

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3. Within fourteen days of the date of this Order, the Intervenors are directed to file a
Notice with the Court of the amount of fees and costs they are entitled to for services
rendered from December 27, 2011 to March 2012.43
4. The Clerk of Court is directed to hold the $4.1 million in escrow pending the
resolution of the amount due to the Intervenors. A future final Order will be entered
directing the Clerk of Court to distribute the $4.1 million in escrow funds to the
Intervenors and Devon after the amount due to the Intervenors is finalized.
BY THE COURT:

/ s/ J oel H. S l om sk y
JOEL H. SLOMSKY, J.

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The Court encourages Devon and the Intervenors to jointly determine the correct amount due
to the Intervenors in accordance with this Order and the Opinion of the Court. If no agreement
can be reached, then the Court will decide the matter based upon the Notice filed by the
Intervenors and any opposing filings by Devon.

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