shl Doc 624 Filed 12/11/18 Entered 12/11/18 11:10:08 Main Document Pg 1 of 12

Transcription

1 Pg 1 of 12 LACKENBACH SIEGEL, LLP Howard Aronson 1 Chase Road, PH Scarsdale, NY Telephone: (914) Facsimile: (914) Intellectual Property Counsel to the Debtors UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK In re: FIRESTAR DIAMOND, INC., et al. Debtors. 1 Chapter 11 No (SHL) (Jointly Administered) SEVENTH MONTHLY STATEMENT OF FEES AND EXPENSES OF LACKENBACH SIEGEL, LLP, INTELLECTUAL PROPERTY COUNSEL TO THE DEBTORS, PURSUANT TO BANKRUPTCY CODE SECTIONS 330 AND 331 FOR THE PERIOD FROM SEPTEMBER 1, 2018 THROUGH NOVEMBER 30, 2018 Name of Applicant: Authorized to Provide Professional Services to: Lackenbach Siegel, LLP ( LSLLP ) Firestar Diamond, Inc. ( Firestar ), Fantasy, Inc. ( Fantasy ) and A. Jaffe, Inc. ( Jaffe, and together with Firestar and Fantasy, the Debtors ) Effective Date of Retention: February 26, 2018 Period for Which Compensation and Reimbursement is Sought: September 1, 2018 through November 30, 2018 ( Statement Period ) Objection Deadline: December 26, 2018 Compensation Sought as Actual, Reasonable and Necessary for Statement Period for Firestar and Fantasy: $21, The Debtors and the last four digits of their respective taxpayer identification numbers are as follows: Firestar Diamond, Inc. (2729), Fantasy, Inc. (1673), and Old AJ, Inc. f/k/a A. Jaffe, Inc. (4756).

2 Pg 2 of 12 Compensation Payable by Firestar And Fantasy After Objection Deadline (80%): $17, Compensation Sought as Actual, Reasonable and Necessary for Statement Period for Jaffe: $ Compensation Payable by Jaffe After Objection Deadline (80%): $ Compensation Sought as Actual, Reasonable and Necessary for Statement Period for all Debtors: $21, Compensation Payable by all Debtors After Objection Deadline (80%): $17, Reimbursement of Expenses Sought as Actual, Reasonable and Necessary during Statement Period for Firestar and Fantasy: $ Reimbursement of Expenses Payable by Firestar and Fantasy After Objection Deadline (100%): $ Reimbursement of Expenses Sought as Actual, Reasonable and Necessary during Statement Period for Jaffe: $83.94 Reimbursement of Expenses Payable by Jaffe After Objection Deadline (100%): $83.94 Reimbursement of Expenses Sought as Actual, Reasonable and Necessary during Statement Period for all Debtors: $

3 Pg 3 of 12 TIME SUMMARY BY BILLING CATEGORY For the Period of September 1, 2018 through November 30, 2018 Firestar and Fantasy Billing Category Total Hours Total Compensation Intellectual Property Services $21, Intellectual Property Flat Fees $0.00 Total $21,

4 Pg 4 of 12 TIME SUMMARY BY BILLING CATEGORY For the Period of September 1, 2018 through November 30, 2018 Jaffe Billing Category Total Hours Total Compensation Intellectual Property Services 0.70 $ Intellectual Property Flat Fees $0.00 Total 0.70 $

5 Pg 5 of 12 TIME SUMMARY BY BILLING CATEGORY For the Period of September 1, 2018 through November 30, 2018 All Debtors Billing Category Total Hours Total Compensation Intellectual Property Services $21, Intellectual Property Flat Fees $0.00 Total $21,

6 Pg 6 of 12 TIME SUMMARY BY PROFESSIONAL For the Period of September 1, 2018 through November 30, 2018 Firestar and Fantasy Name Position; Experience Hourly Rate Total Total Hours Compensation Howard N. Aronson Partner; admitted in $ $12, Myron Greenspan Robert B. Golden Rosemarie Tofano Jeffrey M. Rollings Nancy D. Chapman Andrew F. Young Lindsey Leibowitz Partner; admitted in Partner; admitted in Partner; admitted in Associate; admitted in Associate; admitted in Associate; admitted in Counsel; admitted in $590 $580 $565 $ $5, $530 $ $2, $525 Tetsuo Nakatsu Paralegal. $ $55.00 Gina Cancellaro Paralegal. $ Mary Meschi Paralegal. $230 Judy Hart Paralegal. $230 Jill Weiss Paralegal. $ $ Erin Casey Paralegal. $ $78.75 Total $ (Blended Hourly Rate) $21,

7 Pg 7 of 12 TIME SUMMARY BY PROFESSIONAL For the Period of September 1, 2018 through November 30, 2018 Jaffe Name Position; Experience Hourly Rate Total Total Hours Compensation Howard N. Aronson Partner; admitted in $ $ Myron Greenspan Robert B. Golden Rosemarie Tofano Jeffrey M. Rollings Nancy D. Chapman Andrew F. Young Lindsey Leibowitz Partner; admitted in Partner; admitted in Partner; admitted in Associate; admitted in Associate; admitted in Associate; admitted in Counsel; admitted in $590 $580 $565 $530 $530 $545 $525 Tetsuo Nakatsu Paralegal. $230 Gina Cancellaro Paralegal. $230 Mary Meschi Paralegal. $230 Judy Hart Paralegal. $ $80.50 Jill Weiss Paralegal. $230 Erin Casey Paralegal. $225 Total $ (Blended Hourly Rate) 0.70 $

8 Pg 8 of 12 TIME SUMMARY BY PROFESSIONAL For the Period of September 1, 2018 through November 30, 2018 All Debtors Name Position; Experience Hourly Rate Total Total Hours Compensation Howard N. Aronson Partner; admitted in $ $13, Myron Greenspan Robert B. Golden Rosemarie Tofano Jeffrey M. Rollings Nancy D. Chapman Andrew F. Young Lindsey Leibowitz Partner; admitted in Partner; admitted in Partner; admitted in Associate; admitted in Associate; admitted in Associate; admitted in Counsel; admitted in $590 $580 $565 $ $5, $530 $ $2, $525 Tetsuo Nakatsu Paralegal. $ $55.00 Gina Cancellaro Paralegal. $230 Mary Meschi Paralegal. $230 Judy Hart Paralegal. $ $80.50 Jill Weiss Paralegal. $ $ Erin Casey Paralegal. $ $78.75 Total $ (Blended Hourly Rate) $21,

9 Pg 9 of 12 EXPENSE SUMMARY For the Period of September 1, 2018 through November 30, 2018 Firestar and Fantasy Disbursements Amount Government Filing Fees Photocopies, Specimen Acquisition Patent Draftsman Charges Foreign Law Firm Invoices $ Total Disbursements $ EXPENSE SUMMARY For the Period of September 1, 2018 through November 30, 2018 Jaffe Disbursements Amount Government Filing Fees $83.94 Photocopies, Specimen Acquisition Patent Draftsman Charges Foreign Law Firm Invoices Total Disbursements $83.94 EXPENSE SUMMARY For the Period of September 1, 2018 through November 30, 2018 All Debtors Disbursements Amount Government Filing Fees $83.94 Photocopies, Specimen Acquisition Patent Draftsman Charges Foreign Law Firm Invoices $ Total Disbursements $

10 Pg 10 of 12 Attached hereto as Exhibit A are invoices prepared from contemporaneously maintained time entries for each individual providing services for the Statement Period for Firestar and Fantasy. Attached hereto as Exhibit B are invoices prepared from contemporaneously maintained time entries for each individual providing services for the Statement Period for Jaffe. In accordance with the Order Pursuant to Sections 105(a) and 331 of the Bankruptcy Code, Bankruptcy Rule 2016 and Local Rule Establishing Procedures for Monthly Compensation and Reimbursement of Expenses of Professionals, dated March 29, 2018 (the Interim Compensation Order ) [Docket No. 82], Lackenbach Siegel, LLP ( LSLLP ) hereby submits this seventh monthly fee statement (the Seventh Monthly Fee Statement ), seeking compensation for services rendered and reimbursement of expenses incurred as counsel to the Debtors, for the period from September 1, 2018 through November 30, By this Seventh Monthly Fee Statement, LSLLP seeks payment in the amount of $18,432.79, which is comprised of (i) eighty percent (80%) of the total amount of compensation sought for actual and necessary services rendered during the Statement Period and (ii) reimbursement of one hundred percent (100%) of actual and necessary expenses incurred in connection with such services during the Statement Period. 10

11 Pg 11 of 12 NOTICE AND OBJECTION PROCEDURES Notice of this Seventh Monthly Fee Statement shall be given by or hand or overnight delivery upon: (a) counsel for Richard Levin, Chapter 11 trustee, Jenner & Block LLP, 919 Third Avenue, New York, NY, attn: Marc Hankin; (b) the Debtors counsel, Klestadt Winters Jureller Southard & Stevens, LLP, 200 West 41st Street, 17th Floor, New York, New York 10018, attn.: Ian R. Winters and Joseph C. Corneau, and Forchelli Deegan Terrana LLP, 333 Earle Ovington Blvd., Suite 1010, Uniondale, New York 11553, attn.: Gerard R. Luckman; (c) counsel to Israel Discount Bank of New York, Troutman Sanders LLP, 875 Third Avenue, New York, New York attn.: Brett D. Goodman and Troutman Sanders LLP, 600 Peachtree Street, NE., Suite 3000, Atlanta, Georgia attn.: Harris B. Winsberg and Matthew R. Brooks; (d) counsel to HSBC Bank USA, LLC, Allen & Overy LLP, 1221 Avenue of the Americas, New York, New York 10020, attn.: Ken Coleman; (e) counsel to any Official Committee of Unsecured Creditors appointed in the Chapter 11 Cases (the Committee ), if one is appointed; and (f) the Office of the United States Trustee, 201 Varick Street, Suite 1006, New York, New York 10014, attn.: Richard Morrissey (each a Notice Party and collectively, the Notice Parties ). Objections to this Seventh Monthly Fee Statement, if any, must be served upon the Notice Parties, and by hand or overnight delivery upon Lackenbach Siegel, LLP, 1 Chase Road, PH, Scarsdale, NY 10583, Attn: Howard N. Aronson, no later than December 26, 2018 at 4:00 p.m. (Prevailing Eastern Time) (the Objection Deadline ), setting forth the nature of the objection and the specific amount of fees or expenses at issue. If no objections to this Seventh Monthly Fee Statement are received by the Objection Deadline, the Debtors shall promptly pay LSLLP 80% of the fees and 100% of the expenses identified in this Seventh Monthly Fee Statement. 11

12 Pg 12 of 12 To the extent that an objection to this Seventh Monthly Fee Statement is received on or before the Objection Deadline, the Debtors shall withhold payment of that portion of this Seventh Monthly Fee Statement to which the objection is directed and promptly pay the remainder of the fees and expenses in the percentages set forth above. To the extent such an objection is not resolved, it shall be preserved and scheduled for consideration at the next interim fee application hearing. RESERVATION OF RIGHTS LSLLP reserves the right to amend the fees and expense reimbursement sought herein in the event that a subsequent review of LSLLP s records reveals that additional professional services were rendered or expenses incurred which were not processed in advance of this Seventh Monthly Fee Statement. In the event such amendments are required, LSLLP reserves the right to seek such additional fees or expenses in any subsequent fee applications or monthly fee statements. Dated: Scarsdale, New York December 11, 2018 LACKENBACH SIEGEL, LLP By: /s/ Howard Aronson Howard Aronson Lackenbach Siegel, LLP 1 Chase Road, PH Scarsdale, NY Telephone: (914) Facsimile: (914) haronson@lackenbach.com Intellectual Property Counsel to the Debtors and Debtors in Possession 12

13 shl Doc Filed 12/11/18 Entered 12/11/18 11:10:08 Exhibit A Pg 1 of 4 EXHIBIT A TIME AND EXPENSE DETAIL-FIRESTAR AND FANTASY

14 shl Doc Filed 12/11/18 Entered 12/11/18 11:10:08 Exhibit A Pg 2 of 4

15 shl Doc Filed 12/11/18 Entered 12/11/18 11:10:08 Exhibit A Pg 3 of 4

16 shl Doc Filed 12/11/18 Entered 12/11/18 11:10:08 Exhibit A Pg 4 of 4

17 shl Doc Filed 12/11/18 Entered 12/11/18 11:10:08 Exhibit B Pg 1 of 2 EXHIBIT B TIME AND EXPENSE DETAIL-JAFFE

18 shl Doc Filed 12/11/18 Entered 12/11/18 11:10:08 Exhibit B Pg 2 of 2