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

Filing 326

ORDER THAT THE MOTION OF MITTS MILAVEC LLC FOR THE APPLICATION OF AN ATTORNEY'S CHARGING LIEN OR, IN THE ALTERNTATIVE THE IMPOSITION OF A CONSTRUCTIVE TRUST IS DENIED. THE CLAIMS OF THE INTERVENORS IN THEIR COMPLAINTS ARE GRANTED. THE CLERK OF COURT IS DIRECTED TO HOLD IN ESCROW PENDING THE RESOLUTION OF THE AMOUNT DUE TO THE INTERVENORS; ETC.. SIGNED BY HONORABLE JOEL H. SLOMSKY ON 11/21/13. 12/30/13 ENTERED AND E-MAILED.(jl, )

Case 2:10-cv-02899-JHS Document 305 Filed 11/21/13

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 ofNovember 2013, upon consideration oftfi'
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 ofthe 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 ofDev~NTERED

DEC 31 2013
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CLERK OF COURT

Case 2:10-cv-02899-JHS Document 305 Filed 11/21/13 Page 75 of 75

3. Within fourteen days ofthe date of this Order, the Intervenors are directed to file a
Notice with the Court ofthe 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 • • • • • • 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 t h e · · · · · escrow funds to the
Intervenors and Devon after the amount due to the Intervenors is finalized.
BY THE COURT:

Is/ Joel H. Slomsky
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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