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WEISS v. YORK HOSP.

UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA


July 26, 1984

MALCOLM WEISS, Plaintiff,
v.
YORK HOSPITAL, et al., Defendants

The opinion of the court was delivered by: MUIR

MUIR, District Judge.

 I. Introduction.

 On June 14, 1984, counsel for Plaintiff Weiss filed a motion for an award of counsel fees pursuant to a settlement agreement entered by the parties and approved by this Court on June 8, 1984. Pursuant to that agreement, the Defendants do not contest Plaintiff's counsels' request for an award of counsel fees totalling $ 99,950.00. The Defendants have, however, contested Plaintiff's counsels' right to reimbursement for certain expenses. Although Plaintiff's counsels' motion for counsel fees and expenses was, for the most part, uncontested, the parties nevertheless requested that the Court approve as reasonable the counsel fees and expenses requested by Plaintiff's counsel. Consequently, a hearing on the motion was held on July 16, 1984. The following are the Court's findings of fact and conclusions of law on the motion for fees and expenses.

 II. Findings of Fact.

 1. On June 7, 1984, Plaintiff, with the consent of all parties, filed a motion for an Order approving as fair and reasonable an agreement of settlement entered into between the parties on June 8, 1984 and for an Order directing the parties to comply with that agreement as an Order of the Court.

 2. Thereafter the Court approved the settlement and entered it as its Order.

 3. Paragraph 8 of the Settlement Agreement provides in pertinent part:

 

8. The respondents shall pay the firm of Levin and Fishbein and Lewis H. Markowitz an attorneys' fee for services performed between December 14, 1983 and the date this Agreement becomes effective, and shall reimburse the out-of-pocket expenditures incurred in connection with the contempt motion in those amounts determined by the Court, after a hearing, to be reasonable; provided, however, that such amounts shall not exceed those set forth in the Addendum to this Agreement . . .

  44. The Addendum to the Agreement provides that the maximum fee to be paid pursuant to paragraph 8 is $ 99,950.00 and that the maximum to be paid for reimbursement of expenses under paragraph 8 is $ 8,500.00.

 5. Plaintiff's counsel have filed a motion for an award of fees and expenses allowable under paragraph 8 of the Settlement Agreement and the Confidential Addendum thereto. 6. The following attorneys for Plaintiff performed the following number of hours of legal services between December 14, 1983 and June 6, 1984 in connection with the prosecution and settlement of plaintiff's Motion for the Entry of Civil Contempt Sanctions: Arnold Levin - 165.25 hour Michael D. Fishbein - 569.50 hours Lewis H. Markowitz - 108.10 hours Marc G. Tarlow - 5.30 hours Total 848.15 hours

19840726

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