Malandrino v ASL Holdings LLC

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Malandrino v ASL Holdings LLC 2019 NY Slip Op 33201(U) October 25, 2019 Supreme Court, New York County Docket Number: 651349/2015 Judge: Andrea Masley Cases posted with a "30000" identifier, i.e., 2013 NY Slip Op 30001(U), are republished from various New York State and local government sources, including the New York State Unified Court System's eCourts Service. This opinion is uncorrected and not selected for official publication. [*FILED: 1] NEW YORK COUNTY CLERK 10/28/2019 11:46 AM NYSCEF DOC. NO. 102 INDEX NO. 651349/2015 RECEIVED NYSCEF: 10/28/2019 .... ---.- ......,. ._. :. . ,. . *"SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK: COMMERCIAL DIVISION PART 48. ---------------------------------------------------------------.--------------------X CATHERINE MALANDRINO, INDEX NO. Plaintiff, MOTION DATE -v.'-\ ASL HOLDINGS LLC, ASL OPERATIONS LLC, TAHARI ASL LLC, ELIE TAHARI, ARTHUR LEVINE, LESTER SCHREIBER, CM BRAND HOLDINGS LLC, BLUESTAR ALLIANCE LLC, JOSEPH GABBAY, RALPH GINDI 651349/2015 . N/A ' MOTION SEQ. NO. 005 DECISION+ ORDER ON MOTION Defendants. -----------------------------------------------------------------------------------X HON. ANDREAMASLEY: The following e-filed documents, .listed by NYSCEF document number (Motion 005) 78, 79, 80, 81, 82, 83,84, 85, 86, 87, 88, 89, 90, 91, 92, 93, 94, 95, 96, 97, 98, 99, 100, 101 ~I were read on this motion to/for ; REFERENCE - HEAR & REPORT Masley, J.: On August 22, 2017, the court granted attorney Richard D. Hott's motion to be relieved as counsel in this action. This case settled on April 12, 2018. The retainer agreement provided that Hott would be paid 25% of Malandrino's recovery in this action. According to Hott, when he received the last settlement payment, he sent Malandrino $50,000 and held $100,000. On September 23, 2019, plaintiff moved for a referral to a referee to hear and report on the amount of attorneys' fees due to Hott. While Hott does not oppose the referral, he seeks discovery. Specifically, Hott seeks perusal of the settlement agreement in CM Brand Holdings LLC and CM Brand Group LLC v Catherine Malandrino, Index No. 650635/2017, in which he now claims an interest. Plaintiff objects on the grounds that Hott had no connection to the 2017 case, his retainer 651349/2015 MALANDRINO, CATHERINE vs. ASL HOLDINGS LLC Motion No. 005 1 of 4 Page 1of4 1 [*FILED: 2] NEW YORK COUNTY CLERK 10/28/2019 11:46 AM NYSCEF DOC. NO. 102 INDEX NO. 651349/2015 RECEIVED NYSCEF: 10/28/2019 'i I' agreement is limited to recovery in this case, and the settlement agreement tin the 2017 action is confidential. The parties appeared before the court on October 21, 2019 and agreed to the referral, but riot to Hott's requested discovery .. The court granted Hott's request to review the-settlement agreement subject to his signing of a non-disclosure agreement. ! I ; The parties agreed. to negotiate the logistics for his review of the settlement agreement. The court ag~eed to delay its referral order until 12 noon today, the deadline for the parties to submit an agreement as. to the logistics: Having failed to comply with their agreement and this court's order, it is ORDERED that Hott may review the settlement agreement within 30 days of the date of this o~der at plaintiff counsel's office between the hours of 10 am and 5 pm, on a ~· weekday, and he shall not make any copies or disclose the contents of the settlement agreement other than for the purpose of this action and plaintiff's counsel shall make the agreement available for review at the time designated by Hott; and it is further ORDERED that a Judicial Hearing Officer or ?pecial ~eferee shall be designated to hear and report on the following issues, which are hereby submitted to the JHO/Special Referee for such purpose: (1) the amount of legal fees due to attorney ' I. Hott; and (2) the discovery relevant to the first issue, if any; and it is further ORDERED that this matter is hereby referred to the Special Referee Clerk (Room 119, 646-386-3028 or spref@nycourts.gov) for placement at the earliest possible date upon the calendar of the Special Referees Part (Part SPR), which, in accordance J with the Rules of that Part, shall assign this matter at the initial appearance to an. available JHO/Referee to hear and report as specified above; and it is further 651349/2015 MALANDRINO, CATHERINE vs. ASL HOLDINGS LLC Motion No. 005 2 of 4 Page 2 of 4 ,, [*FILED: 3] NEW YORK COUNTY CLERK 10/28/2019 11:46 AM NYSCEF DOC. NO. 102 INDEX NO. 651349/2015 RECEIVED NYSCEF: 10/28/2019 ORDERED that counsel shall immediately consult one another within 15 days from the date of this Order, submit to the Special Referee Clerk by fax (212-401-9186) or e-mail an Information Sheet (accessible at the "References" link on the court's website) containing all the information called for therein and that, as soon as practical thereafter, the Special Referee Clerk shall advise counsel for the parties of the date fixed for the appearance of the matter upon the calendar in the Special Referees Part; and it is further ORDERED that, on the initial appearance in the Special Referees Part, the parties shall appear for a pre-hearing conference before the assigned JHO/Referee to resolve discovery, if any, and the date of the hearing to determine attorneys' fees shall be fixed at that conference; the parties need not appear at the initial conference with witnesses and evidence; and it is further ORDERED that, except as otherwise directed by the assigned JHO/Referee for good cause shown, the trial of the issues specified above shall proceed from day to day until completion and counsel must arrange their schedules and those of their witnesses accordingly; and it is further \. ORDERED that counsel shall file memoranda or other documents directed to the assigned JHO/Referee in accordance with the Uniform Rules of the Judicial Hearing Officers and Special Referees and by filing the same with NYSCEF; and it is further • J ORDERED that any motion to confirm or disaffirm the Report of the JHO/Referee shall be made within the time and in the manner specified in CPLR 4403 and Section 202.44 of the Uniform Rules for the Trial Courts; and it is further 651349/2015 MALANDRINO, CATHERINE vs. ASL HOLDINGS LLC Motion No. 005 3 of 4 Page 3 of 4 [*FILED: 4] NEW YORK COUNTY CLERK 10/28/2019 11:46 AM NYSCEF DOC. NO. 102 INDEX NO. 651349/2015 RECEIVED NYSCEF: 10/28/2019 ORDERED that plaintiff's counsel is directed to order the transcript of the October 21, 2019 oral argument and submit a copy to the Part 48 Clerk (Room 242) and ·e-file on NYSCEF. CHECK ONE: CASE DISPOSED APPLICATlON: SETTLE ORDER CHECK IF APPROPRIATE: INCLUDES TRANSFER/REASSIGN GRANTED D DENIED 651349/2015 MALANDRINO, CATHERINE vs. ASL HOLDINGS LLC Motion No. 005 4 of 4 Page 4 of 4

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