Free Motion for Costs - District Court of Colorado - Colorado

Case 1:02-cv-02232-PSF-PAC

Document 445

Filed 11/28/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 02-cv-2232 ­ PSF - PAC ROBERT STUDER, derivatively on behalf of eVISION INTERNATIONAL, INC., et al., Plaintiffs, v. HENG FUNG HOLDINGS LIMITED, a public company in Hong Kong, et al., Defendants, and EVISION INTERNATIONAL, INC., a Colorado corporation, Nominal Defendant. JOINT MOTION REQUESTING NUNC PRO TUNC FINAL APPROVAL OF PLAINTIFFS' COUNSEL REIMBURSEMENT OF EXPENSES

Plaintiffs and all Defendants, by and through their counsel, hereby request that this Court grant final approval for the reimbursement of Plaintiffs' Counsel expenses in this case in the amended amount of $141,666.50 and vacate the hearing set for 9:00 am on December 1, 2005. Upon further review of expense information provided by the Plaintiffs' Counsel, the eVision Management Defendants hereby withdraw their objections and now support final approval of expenses of $141,666.50. Also the Parties request that the final approval on expenses be granted nunc pro tunc, i.e. so that it would have the same effective date ­ November 15, 2005 ­ as the Final Approval and Entry of Judgment. 1. Counsel for all parties have conferred per D.C. COLO LCivR 7.1A, and all support this Motion.

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2.

On October 28, 2005 Plaintiffs and all Defendants, eVision International, Inc. ("eVision"), the eVision Management Defendants, Dorsey & Whitney, LLP ("Dorsey"), and Ehrhardt, Keefe, Steiner and Hottman, PC ("EKS&H"), filed a Joint Motion for Final Approval of the settlements of all their mutual claims. Simultaneously, the Plaintiffs filed a Motion to Approve Award of Plaintiffs' Counsel Fees and Reimbursement of Expenses ($141,299.74).

3.

This Court set a Fairness Hearing on these Motions for November 9, 2005.

4.

On November 8, 2005, Counsel for the eVision Management Defendants filed an Objection to the proposed reimbursement of expenses to Plaintiffs' Counsel. No other objections were raised by any other party, class member, or interested person.

5.

At the November 9, 2005 Fairness Hearing the Court denied Plaintiffs' Counsel Motion for Reimbursement of Expenses and directed the parties to review the issues raised in the eVision Management Defendants' Objection regarding Plaintiffs' Counsel expenses and file a joint report on or by November 28, 2005.

6.

At the Fairness Hearing, Plaintiffs' Counsel sought to amend their expenses request upward by $366.76, due to a bill from Coffman Reporting, which was not included in the original expenses total. With

Case 1:02-cv-02232-PSF-PAC

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this addition, the amended total expenses requested by Plaintiffs' Counsel is $141,666.50. 7. Having reviewed receipts pertinent to their specific objections, the eVision Management Defendants notify this Court that they hereby withdraw their objections to Plaintiffs' Counsel expenses and support final approval of reimbursement in the amended amount of $141,666.50. 8. Given that there are now no known objections remaining, the Parties request this Court expedite the final approval process as to Plaintiffs' Counsel request for reimbursement of expenses in the amended amount of $141,666.50. 9. On November 15, 2005 this Court entered an Order granting Final Approval to the Settlements and Entry of Judgment with approval of attorneys fees and other payments from the Settlement Fund. 10. Final Approval of the requested expenses reimbursement will allow the Court to vacate the December 1, 2005 9:00 am hearing on this matter. The Parties request that this Court approve the reimbursement to Plaintiffs' Counsel of $141,666.50 nunc pro tunc effective November 15, 2005 to be concurrent with the Final Approval Order and Entry of Judgment. A Proposed Order is attached. Dated: November 28, 2005 Respectfully Submitted, _s/Charles W. Lilley/________ _s/Karen Cody-Hopkins/_____ Charles W. Lilley Karen Cody-Hopkins # 35367 LILLEY & GARCIA, LLP 1600 Stout Street, Suite 1100 Denver, Colorado 80202

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T: (303) 293-9800 F: (303) 298-8975 E: [email protected]

_s/Jacob A. Goldberg/_________ Jacob A. Goldberg Jacob A. Goldberg, Esq., LLC P.O. Box 30132 Elkins Park, PA 19027 Attorneys for Plaintiffs __s/ Michael Williams_______ Michael Williams Wheeler Trigg Kennedy LLP 1801 California Street, Suite 3600 Denver CO 80202 [email protected] Attorneys for Dorsey & Whitney, LLP __s/ Allan L. Hale____________ Allan L. Hale Scott Hyman Hale Friesen LLP 1430 Wynkoop, Suite 300 Denver CO 80202 [email protected] Attorneys for eVision Defendants (eVision Int'l, F. Chan, T. Chan, Trapp, Fong, Cook, Busch, Jeffers) __S/Carla Minckley____ Carla Minckley Birge & Minckley PC 1700 Broadway Suite 1501 Denver CO 80290 [email protected] Attorneys for Ehrhardt, Keefe, Steiner & Hottman, Inc.

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CERTIFICATE OF SERVICE (CM/ECF) The undersigned hereby certifies that on November 28, 2005, I electronically filed a copy of the foregoing using the CM/ECF system which will send notification of such filing to the following counsel via their emails on file with the U.S. District Court for the District of Colorado's CM/ECF system and certify there are no non-CM/ECF parties who require service or notice of this filing:
ECF service: · · · · · · · · · ·

· · · ·

Thomas D. Birge [email protected] [email protected] Leah E. Capritta [email protected] [email protected] Carolyn J. Fairless [email protected] [email protected] Stephen D. Gurr [email protected] [email protected] Allan L. Hale [email protected] [email protected] Thomas E.J. Hazard [email protected] John M. Husband [email protected] Scott Ari Hyman [email protected] Thomas D. Leland [email protected] Monica Kathleen Loseman [email protected] [email protected];[email protected] Carla B. Minckley [email protected] [email protected] Michael L. O'Donnell [email protected] [email protected] Michelle B. Roche [email protected] [email protected] Michael T. Williams [email protected] [email protected]

_s/_Karen Cody-Hopkins_____ Karen Cody-Hopkins Lilley & Garcia, LLP 1600 Stout Street, Suite 1100

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Denver, CO 80126 T: 303-293-9800 F: 303-298-8975 E: [email protected]