Witchko v. Schorsch
- Alvin Hellerstein
- 1:15-cv-06043
- U.S. District Court · Southern District of New York
- 2
In Witchko v. Schorsch, Judge Hellerstein ordered derivative counsel to submit detailed billing and disbursement records before seeking attorneys’ fees.
Derivative plaintiffs’ counsel, including each counsel seeking recovery of attorneys’ fees, had to provide the required billing and disbursement records.
What happened
In Witchko v. Schorsch, Joanne Witchko sued derivatively on behalf of American Realty Capital Properties, Inc.; the opinion addresses derivative plaintiffs’ counsel’s request for attorneys’ fees.
The court ordered each counsel seeking payment to provide contemporaneous, detailed records identifying the date, hours, and work performed, along with records of disbursements. The records and materials referenced in an earlier order were due by January 10, 2020. Without those records, the court said the fee request would not be recognized.
Judge Alvin K. Hellerstein issued the order on January 3, 2020. The opinion does not state the amount of fees requested or make a final fee award.
The detailed version
- Witchko v. Schorsch · No. 1:15-cv-06043
- Alvin Hellerstein
- Jan. 3, 2020
Background
Joanne Witchko brought the action derivatively on behalf of nominal defendant American Realty Capital Properties, Inc. The order concerns derivative plaintiffs’ counsel’s claim for attorneys’ fees.
Court’s Order
The court stated that it would not recognize the fee claim unless counsel provided contemporaneous and detailed billing records. The records had to show the services performed in each particular aspect of the case and any disbursements. The court required records from each counsel seeking fee recovery, including the date, hours expended, and nature of the work performed.
The records, together with materials referenced in the court’s prior order dated January 3, 2020, had to be filed by January 10, 2020. The order cites Second Circuit authority requiring contemporaneous time records for applications seeking court-ordered compensation.
Disposition and Scope
The court entered an order requiring submission of the specified records. The opinion does not state the amount of fees requested, determine the amount of any fee award, or describe any final ruling on entitlement to fees.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.