Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

WEIL v. LONG ISLAND SAV. BANK

January 29, 2002

RONNIE WEIL A/K/A RONNIE MOORE, ET AT., PLAINTIFFS,
V.
THE LONG ISLAND SAVINGS BANK, FSB, ET AL., DEFENDANTS.



The opinion of the court was delivered by: Platt, District Judge.

MEMORANDUM AND ORDER

Lead Class Counsel, Hogan & Hartson, L.L.P. ("Hogan & Hartson"), and Co-Class Counsel, Amrod & Van der Waag, L.L.P. ("Amrod & Van der Waag"), move pursuant to Rule 23(e) of the Federal Rules of Civil Procedure for an award of attorneys' fees as provided for in the settlement agreement ("Settlement") approved by this Court on January 16, 2002. For the reasons stated below, Hogan & Hartson is awarded $4,216,740.00 in fees and $504,538.23 in expenses, and Amrod & Van der Waag is awarded $700,079.58 in fees and expenses.

BACKGROUND

The factual background of this case is set forth in the Court's Order Approving the Settlement of January 16, 2002. See Weil v. Long Island Savings Bank, 188 F. Supp.2d 258, 262-63 (E.D.N.Y. 2002). Familiarity with that Order is assumed. Accordingly, the Court will state only those facts necessary to resolve the current attorneys' fee question.

A. The Early Case

John Amrod ("Amrod") commenced this action on behalf of his daughter-in-law, Ronnie Weil, and others similarly situated, in March of 1994 after reading an article in Newsday that discussed the alleged Conway kickback scheme. (Class Lead Counsel Mem. in Supp.App. for Attorneys' Fees at 2; Pet. on App. to Fix Fees and Disbursements at 1.) On June 8, 1994, Amrod & Van der Waag*fn1 filed an Amended Complaint. (Pet. on App. to Fix Fees and Disbursements at 3.) Amrod & Van der Waag began petitioning the Office of Thrift Supervision ("OTS") for information about its investigation into Conway and the alleged kickback scheme shortly after commencing this action. (Class Lead Counsel Mem. in Supp.App. for Attorneys' Fees at 2; Pet. on App. to Fix Fees and Disbursements at 2-3.)

On October 5, 1994, Amrod and his partner traveled to Milbank, Tweed, Hadley & McCloy, L.L.P.'s New York offices to conduct settlement negotiations. (Pet. on App. to Fix Fees and Disbursements at 5.) Those negotiations were unsuccessful. (Pet. on App. to Fix Fees and Disbursements at 5.)

On June 27, 1995, Amrod began investigating Doe v. Poe and Roe, an action commenced by Conway in the Supreme Court for the State of New York, County of Suffolk ("Supreme Court") to prevent the Long Island Savings Bank's attorneys from disclosing statements made by Conway to that bank. (Pet. on App. to Fix Fees and Disbursements at 7.) The records in that action were sealed, and Amrod & Van der Waag's motions to vacate the sealing order were denied. (Pet. on App. to Fix Fees and Disbursements at 8-9.)

Towards the end of 1996, Amrod's partner, Mr. Steinberg, left Amrod & Van der Waag. (Pet. on App. to Fix Fees and Disbursements at 10.) However, Amrod continued to litigate this action.

On November 24, 1997, the Supreme Court of the State of New York, Appellate Division, Second Department ("Second Department") reversed the Supreme Court's order denying Amrod & Van der Waag's previous motions and vacated the sealing order. (Pet. on App. to Fix Fees and Disbursements at 11.)

B. Hogan & Hartson's Involvement and the Agreement Between the Firms

On April 1, 1998, Amrod contacted James Szymanski of Davis, Weber & Edwards, P.C.*fn2 (Pet. on App. to Fix Fees and Disbursements at 11.) Amrod sought that firm's assistance because it had more skill and experience litigating class action cases such as this one. (Class Lead Counsel Mem. in Supp.App. for Attorneys' Fees at 2-3.)

On July 2, 1998, before Hogan & Hartson was engaged as co-counsel, the New York Court of Appeals affirmed the Second Department's order of November 24, 1997, vacating the Supreme Court's sealing order. (Pet. on App. to Fix Fees and Disbursements at 12.) Consequently, Amrod gained access to records that materially furthered this case.

On July 23, 1998, Amrod & Van der Waag engaged Hogan & Hartson as lead Class Counsel ("Agreement").*fn3 (Pet. on App. to Fix Fees and Disbursements Ex. 1.) Under the Agreement, Hogan & Hartson assumed the day-to-day responsibilities of the litigation and agreed to fund the action ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.