cgm Doc 958 Filed 11/14/18 Entered 11/14/18 14:26:47 Main Document Pg 1 of 32

Transcription

1 Pg 1 of WEST 41 ST STREET. 17 TH FLOOR NEW YORK, NY TELEPHONE (212) TELEFAX (212) November 14, 2018 Via Gregory Messer, Trustee of the FKF Trust 26 Court Street, Suite 2400 Brooklyn, New York gremesser@aol.com Re: Monthly Billing Statement of as Counsel to Trustee of the FKF Trust for June 2018 Dear Mr. Messer: In accordance with the terms of the Plan of Liquidation, dated January 28, 2011, confirmed in the chapter 11 case of FKF 3, LLC (the Plan ), pending in the United States Bankruptcy Court for the Southern District of New York (the Bankruptcy Court ) under case no (CGM), governing the payment of professional fees, we are providing to you and simultaneously filing with the Court our monthly billing statement (the Fee Statement ). In accordance with the terms of the Plan, if no party in interest files with the Bankruptcy Court an objection to any portion of the Fee Statement by the fifteenth (15 th ) calendar day after its submission, the Trustee is directed to pay 100% of the fees and 100% of the disbursement identified in the Fee Statement, to the extent there are sufficient assets in the FKF Trust. Thank you for your attention to this matter. We thank you for the opportunity to represent you and the interests of the FKF Trust. Sincerely yours, KLESTADT WINTERS JURELLER SOUTHARD & STEVENS, LLP By: Fred Stevens, Partner

2 Pg 2 of 32 CC: By Electronic Mail FKF Trust Board Kevin Romano, Chairperson Kathryn Bareket Kenneth Beck Elias Josephs Walter Klauser Rabbi Ely J. Rosenzveig Uri Sasson By First Class Mail Alicia Leonhard, Trial Attorney for the United States Trustee

3 Pg 3 of 32 Monthly Fee Statement For: Klestadt Winters Jureller Southard & Stevens, LLP Counsel to the Trustee Period: June 1 June 30, 2018 Fees Incurred for Period: $141, Expenses Incurred for Period: $20, Total for Period: $162, Total Payment (on 8/10/2018): ($1,228,780.64) Total Outstanding: $162,012.09

4 Pg 4 of 32 (First Line): 06/01/2018 RSB / FKF3 LLC FedEx invoice no for shipment to Lauren Kiss in White Plains office. 06/03/2018 JEJ / FKF3 LLC Taxis for Mr. Jureller for May and June /03/2018 JEJ / FKF3 LLC Parking in May and June for Mr. Jureller. 06/03/2018 JEJ / FKF3 LLC Mileage for Mr. Jureller for May and June /05/2018 JEJ / FKF3 LLC Mr. Jureller's meals for May and June /07/2018 FNS / FKF3 LLC Veritext invoice no. NY for videography related to deposition of Mitchell Klein on 4/27/18. 06/13/2018 JEJ / FKF3 LLC Public Access to Court Electronic Records for quarter ending 3/31/18. FEDEX TAXI PARKING MILEAGE MEALS TRANS , , PACER Page 1 of 24

5 Pg 5 of 32 06/13/2018 LCK / FKF3 LLC Public Access to Court Electronic Records for quarter ending 3/31/18. Working meal for George, Fox, Jureller, Kiss, Stevens on 3/21/18.. Regus Office Center rental for trial on 4/11/18. Indata - Trial Director specialized software for trial on 4/11/18. MetroNorth to White Plains on 4/24/18. MetroNorth to White Plains on 5/4/18. MetroNorth to White Plains on 5/5/18. Regus Office Center rental for trial on 5/21/18. Meal for Shante George, Horseman, Jureller, Kiss, Stevens on 5/11/18. PACER MEALS MISC , , MISC , , TRAIN TRAIN TRAIN MISC , , MEALS Page 2 of 24

6 Pg 6 of 32 MetroNorth to White Plains on 5/12/18. MetroNorth to White Plains on 5/17/18. Meal for Shante George, Horseman, Jureller, Kiss, Stevens on 5/30/18. Mileage to/from White Plains on 5/11/18. Mileage to/from White Plains on 5/14/18. Mileage to/from White Plains on 5/15/18. Mileage to/from White Plains on 5/17/18. Mileage to/from White Plains on 5/18/18. Mileage to/from White Plains on 5/22/18. Mileage to/from White Plains on 5/23/18. TRAIN TRAIN MEALS Page 3 of 24

7 Pg 7 of 32 Mileage to/from White Plains on 5/24/18. Mileage to/from White Plains on 5/25/18. Mileage to/from White Plains on 5/29/18. Mileage to/from White Plains on 5/30/18. Mileage to/from White Plains on 5/31/18. Mileage to/from White Plains on 6/1/18. Mileage to/from White Plains on 6/4/18. Mileage to/from White Plains on 6/5/18. Mileage to/from White Plains on 6/6/18. Mileage to/from White Plains on 6/7/18. Page 4 of 24

8 Pg 8 of 32 06/30/2018 RSB / FKF3 LLC Photocopies for June (First Line): 06/01/2018 JEJ / FKF3 LLC Trial: Messer v. Magee. 06/01/2018 KMS / FKF3 LLC Retrieving cases from WestLaw for binder containing source material for jury instructions [.5]; assembling binder containing trial transcripts [.5]. 06/01/2018 LCK / FKF3 LLC Travel time to and from White Plains (1/2 rate). 06/01/2018 LCK / FKF3 LLC Reviewing case law in jury instructions in advance of conference call with court, conference call with Messrs. Stevens, Jureller, Pinsky and Burke and Judge McCarthy, drafting proposed jury instruction for joint and several liability, reviewing and revising letters and revisions to Defendants' jury instructions on in pari delicto and turnover, finalizing and filing revisions to jury instructions. PHOTOCOPY 1, (First Line): 2, , Fees , Fees Fees Fees , Page 5 of 24

9 Pg 9 of 32 06/01/2018 FNS / FKF3 LLC Preparation for and participation in trial proceedings; Conference on jury instructions; Drafting letter and legal argument related to good faith instructions and modification instructions; Conferences with Ms. Kiss and Mr. Jureller regarding same; Telephone conference with Mr. Klauser regarding status of case and trial; ; Drafting closing arguments; drafting update to trust board; drafting letter to court regarding turnover verdict; drafting changes to turnover instruction; drafting in pari delicto instruction changes; drafting modified verdict slip [10.7]. 06/02/2018 JEJ / FKF3 LLC Trial: Messer v. Magee. Preparation re summation. 06/02/2018 LCK / FKF3 LLC Reviewing trial transcripts and summarizing key points for closing argument. 06/02/2018 FNS / FKF3 LLC s to Mr. Romano regarding credit lists [.4]. Drafting closing statement and argument presentation [3.7]. to Mr. Haspel regarding settlement [.1]. Fees , Fees Fees , Fees , Page 6 of 24

10 Pg 10 of 32 06/03/2018 JEJ / FKF3 LLC Trial: Messer v. Magee. Preparation of summation, etc. 06/03/2018 LCK / FKF3 LLC Reviewing trial transcripts and summarizing key points for closing argument [5.8]; reviewing jury instructions received from Judge McCarthy, reviewing trial transcripts and revising jury instructions [3.8]. 06/03/2018 FNS / FKF3 LLC Preparing slide show and closing arguments; reviewing draft jury instructions by Judge McCarthy [10.6]. 06/04/2018 KMS / FKF3 LLC Retrieving cases from WestLaw per Ms. Kiss' request. 06/04/2018 JEJ / FKF3 LLC Trial: Messer v. Magee: Closing arguments, jury charges. Meeting with client and team. 06/04/2018 LCK / FKF3 LLC Travel time to and from White Plains (1/2 rate). 06/04/2018 LCK / FKF3 LLC Preparation for and attendance at the fourteenth day of trial. Fees , Fees , Fees , Fees Fees , Fees Fees , Page 7 of 24

11 Pg 11 of 32 06/04/2018 FNS / FKF3 LLC Preparation for and delivery of closing arguments; Conference related to issues with jury instructions and charging conference; Meetings with Trust Board members, creditors, opposing counsel, regarding summations and jury instructions; drafting letter to Trust Board regarding [13.4] 06/05/2018 JEJ / FKF3 LLC Trial: Messer v. Magee. Jury charge and deliberation. 06/05/2018 LCK / FKF3 LLC Travel time to and from White Plains (1/2 rate). 06/05/2018 LCK / FKF3 LLC Preparation for and attendance at the fifteenth day of trial. 06/05/2018 FNS / FKF3 LLC Attendance at and participation at trial; delivery of jury instructions and charging; meetings with trust board members; Multiple conference with Court regarding jury questions and open issues; discussion by with trust board members regarding settlement offers [9.6]. Fees , Fees , Fees Fees , Fees , Page 8 of 24

12 Pg 12 of 32 06/06/2018 JEJ / FKF3 LLC Trial: Messer v. Magee. Jury deliberation; post-verdict. 06/06/2018 LCK / FKF3 LLC Travel time to and from White Plains (1/2 rate). 06/06/2018 LCK / FKF3 LLC Preparation for and attendance at the sixteenth day of trial. 06/06/2018 FNS / FKF3 LLC Attending continued conferences related to Jury questions, receipt of verdict, reviewing verdict, conferences with trust board members and creditors regarding same, Telephone conference with ; s to Trust board regarding transcripts from trial; Drafting and analysis of judgment [10.3]. 06/07/2018 JEJ / FKF3 LLC Trial: Messer v. Magee. Post-trial issues. 06/07/2018 LCK / FKF3 LLC Travel time to and from White Plains (1/2 rate). 06/07/2018 LCK / FKF3 LLC Packing up White Plains office and removing binders from Court. Fees , Fees Fees , Fees , Fees , Fees Fees Page 9 of 24

13 Pg 13 of 32 06/07/2018 LCK / FKF3 LLC Tolls for the Throgs Neck or Whitestone Bridge for Ms. Kiss in May and June /07/2018 LCK / FKF3 LLC Mileage for May and June 2018 for Ms. Kiss. 06/07/2018 LCK / FKF3 LLC Staples printing job. 06/07/2018 FNS / FKF3 LLC Calls to and from ; Reviewing verdict and post-trial issues; s and calls with Mr. Romano regarding verdict; Telephone conference with Mr. Burke regarding offers from Magee children; s with Mr. Haspel regarding verdict; s trust board regarding meeting; s with trust board regarding offer to resolve children claims [4.7]. 06/07/2018 FNS / FKF3 LLC Travel to White Plains, retrieve files from court; clean out office and temporary war room; non-billable administrative activities related to FKF [3.4]. TOLLS MILEAGE , , OUTPRINT Fees , Fees Page 10 of 24

14 Pg 14 of 32 06/08/2018 JEJ / FKF3 LLC Trial: Messer v. Magee. Post-trial actions and review. Conferring with Mr. Stevens. 06/08/2018 FNS / FKF3 LLC s with Mr. Romano and Board regarding call, agenda, trial results; reviewing case law regarding prejudgment interest and alter-ego damages; calculating settlement offer for Magee children; reviewing issues regarding Klein sentencing submissions; s with Mr. Goldman regarding entry of judgment [3.2]. 06/11/2018 LCK / FKF3 LLC Reviewing letter filed by Mr. Burke [.1]; reviewing invoice and ing with Mr. Messer [.1]; reviewing Baker Tilly's invoice and ing with Ms. Strine [.1]. 06/11/2018 FNS / FKF3 LLC Drafting non-privileged version of verdict slip and circulating to Mr. Gardner; conference call with Court, Mr. Burke and Mr. Pinsky regarding status of judgment entry and settlement; conference call with Mr. Kurland regarding settlement and open issues - no substantive offer made at the time [1.6]. Fees Fees , Fees Fees Page 11 of 24

15 Pg 15 of 32 06/12/2018 LCK / FKF3 LLC Conference call with Trust Board [1.0]; reviewing RLM invoice and ing with Ms. Strine [.1]. 06/12/2018 FNS / FKF3 LLC Preparation for and participate in conference call with Trustee and Trust Board regarding settlement overture and appeal and other issues [1.1]; conference with Mr. Burke and Mr. Kurland regarding offer [.5]; Telephone conference with regarding [.2]; s with Mr. Romano [.1]; Legal research regarding prejudgment interest [1.8]. 06/13/2018 JEJ / FKF3 LLC Conferring with Mr. Stevens re post-trial issues. 06/13/2018 FNS / FKF3 LLC Telephone conference with Ms. Hummel and Mr. Horseman regarding tech return [.1]. Legal research regarding prejudgment interest and drafting motion [1.5]. Telephone conference with Mr. Maimin re sentencing [.4]. 06/13/2018 KMS / FKF3 LLC Filing invoice for RLM TrialGraphix. Fees Fees , Fees Fees , Fees Page 12 of 24

16 Pg 16 of 32 06/14/2018 JEJ / FKF3 LLC Reviewing documents regarding M. Klein's criminal proceeding. Meeting with Mr. Stevens and Ms. Kiss re posttrial actions. 06/14/2018 FNS / FKF3 LLC Calls with Messers. Kourland and Burke re settlement; calls with Mr. Gardner regarding Bradley sale; Meeting with Mr. Jureller and Ms. Kiss regarding litigation issues; Drafting letter from Trust Board regarding sentencing considerations; s with trust board; Research prejudgment interest and drafting motion [5.6]. 06/14/2018 LCK / FKF3 LLC Reviewing Mr. Klein's sentencing memo and accompanying letters [.4]; meeting with Messrs. Stevens and Jureller discussing post-trial motions and strategy [.6]. 06/15/2018 JEJ / FKF3 LLC Reviewing correspondence and conferring with Ms. Kiss re same. Drafting Stipulation of Discontinuance of Action as to Lawrence and Lizbeth Keefe on certain causes of action. Fees Fees , Fees Fees Page 13 of 24

17 Pg 17 of 32 06/15/2018 LCK / FKF3 LLC Conference call with Trust Board [1.0]; reviewing and revising stipulation of discontinuance for Larry and LizBeth Keefe [.2]; reviewing check from Mr. Haspel, reviewing settlement agreements with Mr. Dorfman and Ms. Dubas, drafting stipulations of dismissal and letter to Judge McCarthy [.5]. 06/15/2018 FNS / FKF3 LLC Lengthy conference call with Trust Board regarding offer of Magee, et al.; separate calls with Mr. Romano and Mr. Messer regarding same; s with Ms. Kiss and Mr. Jureller regarding same; s with Board regarding sentencing recommendation for Klein; s with Mr. Burke regarding settlement; Ms. Kiss regarding Dubas settlement; drafting revised letter regarding Klein sentencing recommendation [2.7]; 06/16/2018 FNS / FKF3 LLC Mr. Burke regarding settlement offer [.1]. Fees Fees , Fees Page 14 of 24

18 Pg 18 of 32 06/17/2018 FNS / FKF3 LLC with Ms. Bareket regarding sentencing recommendation [.1]; significant and other correspondence with Mr. Romano regarding open issues on settlement; s with Trust Board regarding call the following day [.6]. 06/18/2018 KMS / FKF3 LLC Drafting monthly fee statements per Mr. Stevens' request. 06/18/2018 JEJ / FKF3 LLC Conferring with Mr. Stevens. Telephone conference with Messrs. Stevens, Kurland and Burke re settlement. Telephone conference with Judge McCarthy re judgment and possible settlement. Reviewing revised stipulation of discontinuance re Keefes. Reviewing documents re Klein sentencing. 06/18/2018 LCK / FKF3 LLC Obtaining Mr. Stevens signature on the stipulations of dismissal, organizing same and ing with Mr. Haspel. Fees Fees Fees , Fees Page 15 of 24

19 Pg 19 of 32 06/18/2018 FNS / FKF3 LLC Conferring with Mr. Jureller regarding settlement; Telephone conference with Messrs. Jureller, Kurland and Burke re settlement; Telephone conference with Judge McCarthy re judgment and possible settlement and entry of judgment; Reviewing documents re Klein sentencing and circulating same; Attending Trust Board Meeting regarding status of settlement; Reviewing case regarding prejudgment interest [5.6]. 06/19/2018 JEJ / FKF3 LLC Conferring with Mr. Stevens re settlement issues. Reviewing documents and correspondence related thereto. 06/19/2018 LCK / FKF3 LLC West information charges for legal research for May 2018, invoice no /19/2018 KMS / FKF3 LLC Drafting and updating monthly fee statements [2.7]; ing RustOmni to get quote for downloading the VDR to a hard drive [.2]. Fees , Fees WESTLAW , , Fees Page 16 of 24

20 Pg 20 of 32 06/19/2018 LCK / FKF3 LLC Finalizing and filing letter to Judge McCarthy requesting entry of Mr. Dorfman's judgment and ing with parties [.3]; finalizing and filing stipulation dismissing apartment action [.3]; revising order based on from Judge Morris's chambers and uploading same [.1]; reviewing stipulation of discontinuance as against Larry and LizBeth Keefe, obtaining Mr. Stevens' signature and ing with Mr. Burke [.1]; discussing data room with Mr. Strine [.1]; telephone call with Mr. Messer's office regarding payment of invoice for court reporter [.1]. 06/19/2018 FNS / FKF3 LLC Reviewing drafting memo regarding and ; Ms. Kiss regarding Dorfman settlement and entry of judgment; drafting reminder regarding reviewing stipulation of settlement on Keefe and Mr. Burke regarding payment; s and call with regarding ing Ms. Bareket regarding KFI transfers [2.9]. Fees Fees , Page 17 of 24

21 Pg 21 of 32 06/20/2018 JEJ / FKF3 LLC Conferring with Mr. Stevens re settlement issues, and researching issues related to judgment and appellate rights. Telephone conference with Defendants' counsel re settlement and related issues. Telephone conference with Court regarding entry of judgment and settlement. Telephone conference with Messrs. Stevens and Romano re settlement. Reviewing documents related to Klein sentencing. 06/20/2018 LCK / FKF3 LLC Finalizing, filing and ing stipulation of discontinuance [.3]; researching prejudgment interest [2.2]; reviewing article on Rule 58 [.5]; reviewing government's recommended sentencing for Mr. Klein and victim impact letters [1.3]. Fees , Fees , Page 18 of 24

22 Pg 22 of 32 06/20/2018 FNS / FKF3 LLC Meeting with Mr. Messer regarding status of case, Keefe settlement [.3]. Reviewing all submissions from the Government on Klein sentencing and circulating all letters and related documents to the Trust Board [.5]. Conferring with Mr. Jureller re settlement issues, and researching issues related to judgment and appellate rights; Telephone conference with Defendants' counsel re settlement and related issues; Telephone conference with Court regarding entry of judgment and settlement.; Telephone conference with Messrs. Jureller and Romano re settlement [2.7]. 06/21/2018 KMS / FKF3 LLC Drafting and updating monthly fee statements. 06/21/2018 LCK / FKF3 LLC Reviewing SDNY electronic filing instructions and call to clerk's office regarding stipulation of discontinuance [.3]; researching ability to appeal alter ego finding [3.2]; discussing research with Mr. Stevens [.2]; discussing prejudgment interest with Mr. Stevens and call with Mr. Stevens and Ms. George discussing calculations of prejudgment interest [.2]. Fees , Fees Fees , Page 19 of 24

23 Pg 23 of 32 06/21/2018 FNS / FKF3 LLC Legal research regarding jury instructions and related matters and conference with Ms. Kiss regarding same; Telephone conference with Mr. Romano and meeting with Mr. Romano regarding appellate issues [2.5]. 06/22/2018 FNS / FKF3 LLC s and call with Mr. Romano regarding interest and judgment; research regarding ; trust board regarding [1.4]. 06/25/2018 JEJ / FKF3 LLC Conferring with Mr. Stevens re post-trial issues, settlement, and potential new counsel for Defendants. 06/25/2018 LCK / FKF3 LLC Telephone call with Ms. Crittenden regarding trial [.1]; discussing prejudgment interest with Mr. Stevens and researching same [.7]. Fees , Fees Fees Fees Page 20 of 24

24 Pg 24 of 32 06/25/2018 FNS / FKF3 LLC Board with update on discussion and report to Court; calls with Mr. Batra regarding case and agenda; calls with Mr. Romano regarding same; l; conference with Mr. Jureller and Ms. Kiss regarding ; legal research regarding ; Mr. Romano regarding [3.5]. 06/26/2018 JEJ / FKF3 LLC Conferring with Mr. Stevens re post-trial matters. Telephone conference with Defendants' purported new counsel re settlement and other issues. Telephone conference with Messrs. Stevens and Romano. 06/26/2018 LCK / FKF3 LLC Searching data room for certain s between and ing with Fees , Fees Fees Page 21 of 24

25 Pg 25 of 32 06/26/2018 FNS / FKF3 LLC Several calls and s to Mr. Romano and s to Trust Board regarding ; s with regarding additional information and s needed for hearing and reviewing, searching for and providing relevant documents related to same; Calls with Mr. Batra regarding case and potential resolution and open issues; second conversation regarding alleged unauthorized offer by Messers. Burke and Kurland [3.6]. 06/27/2018 JEJ / FKF3 LLC Appearing for status conference before Judge McCarthy, at Court's direction. 06/27/2018 KMS / FKF3 LLC Submitting transcript request per Mr. Stevens' request. 06/27/2018 LCK / FKF3 LLC Reviewing prejudgment interest with Mr. Stevens, researching procedural mechanism for same and ing with Mr. Stevens. Fees , Fees , Fees Fees Page 22 of 24

26 Pg 26 of 32 06/27/2018 FNS / FKF3 LLC Attending trust board conference call; Attending in person conference with Court, Mr. Batra, Mr. Burke, Mr. Pinsky and Magee defendants regarding status of case and replacement of counsel; Telephone conference with Mr. Romano (several); drafting update to Trust Board; Telephone conference with regarding [4.2]. 06/27/2018 FNS / FKF3 LLC Travel to and from Court for conference [1.6]. 06/28/2018 FNS / FKF3 LLC Reviewing case law regarding prejudgment interest; Telephone conference with Mr. Kurland regarding settlement; conference with Mr. Jureller ; s and text with Mr. Romano ; Reviewing appellate landscape and legal research regarding damages award [2.6]. 06/29/2018 LCK / FKF3 LLC Reviewing letter motion to substitute attorney, status letter update and discussing same with Mr. Jureller. Fees , Fees Fees , Fees Page 23 of 24

27 Pg 27 of 32 06/29/2018 FNS / FKF3 LLC Reviewing from Mr. Batra and Telephone conference regarding same offers to resolve portions of judgment; Calls with Mr. Romano regarding interest and open issues and judgment entry; Reviewing judgment entered; Telephone conference with Ms. George and reviewing all clusters of transfers and proper calculation date [1.6]. (First Line): Retention and Fees 06/22/2018 KMS / FKF3 LLC Retention and Fees Filing monthly fee statements. 06/22/2018 FNS / FKF3 LLC Retention and Fees Reviewing one year of billing statements for appropriate redactions and redacting same [1.8]. Fees (First Line): , Fees Fees (First Line): Retention and Fees Grand Total: 2, $162, Page 24 of 24

28 Pg 28 of 32 Units Value (First Line): , (First Line): Retention and Fees Grand Total: $141, /31/2018 3:12:21 PM and fees Page 1 of 1

29 Pg 29 of 32 Units Value Professional: Jureller, John , Professional: Kiss, Lauren , Professional: Stevens, Fred , Professional: Strine, Kristen Grand Total: $141, /31/2018 3:12:42 PM and fees Page 1 of 1

30 Pg 30 of 32 Units Value Component: FEDEX Component: MEALS Component: MILEAGE , Component: MISC , Component: OUTPRINT Component: PACER Component: PARKING Component: PHOTOCOPY 1, Component: TAXI Component: TOLLS Component: TRAIN /31/2018 3:13:15 PM and costs Page 1 of 2

31 Pg 31 of 32 Units Value Component: TRANS , Component: WESTLAW , Grand Total: 2, $20, /31/2018 3:13:15 PM and costs Page 2 of 2

32 Pg 32 of 32 Units Value Soft Cost 2, , Hard Cost , Fee , Grand Total: 2, $162, /31/2018 3:11:55 PM Page 1 of 1