United States District Court, S.D. New York
August 24, 2005.
Beacon Hill Asset Management, LLC, et al.
The opinion of the court was delivered by: LEWIS KAPLAN, District Judge
On July 21, 2005, as counsel for Beacon Hill Master, Ltd. (In
Official Liquidation) (the "Master Fund"), we filed the Motion
and Brief for Payment of Costs, Fees and Expenses of the Joint
Official Liquidator No. 5 (the "Motion"). The Motion sought
compensation for March and April of 2005, for the JOLs and their
retained personnel, including Friedman Kaplan Seiler and Adelman,
LLP ("FKSA"), Mr. Berman's current law firm. The Motion sought
payment of $315,482.88 for the JOLs and all retained personnel
except FKSA (paragraph 6) and separately sought payment of
$164,122.91 for FKSA (paragraph 7).
Since, on behalf of their clients, Skaden, Arps, Slate, Meagher
& Flom LLP ("Skadden Arps") had previously objected to the
payment of Mr. Berman's fees at FKSA and his previous firm, Brown
Rudnick Berlach Israels LLP, for the period from July, 2004
through February, 2005, and your Honor had referred those
objections to Magistrate Judge Henry B. Pitman, in paragraph 7 of
the Motion we requested that the Court either: (i) authorize
payment of $164,122.91 to FKSA for March and April 2005 fees and
expenses; or (ii) refer consideration of those fees to Magistrate
Pitman for consideration together with the other referred fees.
No objections were filed to the Motion and accordingly your
Honor entered an order approving the Motion on August 17, 2005,
by returning our July 21, 2005, cover letter to the Motion marked
"SO ORDERED" and "Granted," together with your signature. A copy
of the order is attached for your reference as Exhibit A. We
have subsequently been advised by Skadden Arps, that they have no
objection to the payment of any fees in the Motion, including
those of FKSA. Clearly your August 18, 2005, order authorized payment of March
and April fees and expenses of the JOLs and their retained
professionals other than FKSA and we will proceed to make those
Although the request for payment of the fees and expenses of
FKSA was framed in the alternative, we interpret your order as
authorizing payment of the FKSA fees and expenses for March and
April since no objections were filed and because your Honor did
not otherwise refer the matter to Magistrate Pitman. If our
understanding of the order is not correct, please so advise as we
otherwise intend to pay the FKSA fees and expenses for March and
April of 2005 sometime after September 7, 2005.
Thank you for your attention to this matter. Please do not
hesitate to contact the undersigned with any questions or
© 1992-2005 VersusLaw Inc.