Opinion
Civil Action No. 01-0105 (AK).
May 5, 2005
AMENDED FINAL ORDER
Plaintiff Steven R. Perles, in the above captioned action, is seeking a declaratory judgment stating that "Defendant Ann Marie Kagy is entitled to be paid for certain legal services rendered to Plaintiff's clients only on the basis of an agreed hourly fee for documented hours, and that her claims in personam or in rem to a percentage share of any judgment received by Plaintiff on behalf of those clients are without merit." (Complaint [1].) This case involves a dispute for remuneration for legal services provided by the Defendant to the Plaintiff in two cases, Flatow v. Islamic Republic of Iran, No. 97-0396 (D.D.C.) and Eisenfeld and Duker v. Islamic Republic of Iran, No. 98-1945 (D.D.C.).
I. Flatow
On April 10, 2003, United States District Court Judge Thomas Penfield Jackson, in his Decision and Order [since retired from the Court] found that an express oral contract existed between Perles and Kagy for services rendered in the Flatow litigation. On August 18, 2004, this Court ordered that Perles pay Kagy one-third of $3,785,237.12, and one third of the actual interest accrued on that sum.
Accordingly, in conformity with the Decision and Order of U.S. District Court Judge Thomas P. Jackson and the Memorandum Opinion of U.S. District Court Judge Ellen Segal Huvelle [the successor trial court] in the Flatow case, it is this ______ day of May 2005, nunc pro tunc April 20, 2005
ORDERED that Plaintiff Stephen R. Perles' request for a declaratory judgment stating that Defendant is not entitled to an equitable lien on any percentage of the amounts recovered by Plaintiff on behalf of his clients in Flatow v. Islamic Republic of Iran, is DENIED, and it is
FURTHER ORDERED that Plaintiff Stephen R. Perles' request for a declaration that any entitlement that Defendant may have against Plaintiff is contractual in nature, and that under the terms of said contract, Defendant is entitled to be paid $50 for each properly-documented hour of work on Flatow is DENIED, and it is
FURTHER ORDERED that Defendant and Counterclaimant Ann-Marie Kagy's request that the court find the existence of a contract between Perles and Counterclaimant in Flatow is GRANTED, and it is
FURTHER ORDERED that Plaintiff Stephen R. Perles pay Defendant and Counterclaimant Ann-Marie Kagy $1,339,675.35 (one-third of $3,785,237.12 plus actual accrued interest) and it is
FURTHER ORDERED that judgment be entered in favor of the Defendant and Counterclaimant Ann Marie Kagy in the amount of $1,339,675.35.
II. Eisenfeld and Duker
On January 17, 2004, with the consent of the parties, the Eisenfeld and Duker claim of the declaratory judgment action was referred to this Court for resolution. On March 21, 2005, this Court found in a Memorandum Opinion that no contract, express or implied, existed between the parties, but that Defendant and Counterclaimant Ann-Marie Kagy is entitled to equitable relief for her legal services provided to Perles in the Eisenfeld and Duker case. Pursuant to the formula established in the Memorandum Opinion filed March 21, 2005, and the affidavit of Donna Keeney submitted on April 5, 2005, the Court finds that the appropriate lodestar hourly rate to be ascribed to Kagy's legal services is $283.00 (a three year average of Perles' hourly lodestar rate).
Therefore, it is this ______ day of May 2005, nunc pro tunc April 20, 2005
ORDERED that Plaintiff Stephen R. Perles' request for a declaratory judgment stating that Defendant is not entitled to an equitable lien on any percentage of the amounts recovered by Plaintiff on behalf of his clients in Eisenfeld and Duker v. Islamic Republic of Iran, is GRANTED, and it is
FURTHER ORDERED that Defendant and Counterclaimant Ann-Marie Kagy's request that the Court find the existence of a contract between Perles and Counterclaimant in Eisenfeld and Duker is DENIED, and it is
FURTHER ORDERED that Defendant and Counterclaimant Kagy's request for equitable relief is GRANTED, and it is
FURTHER ORDERED that Plaintiff Stephen R. Perles pay Defendant and Counterclaimant Ann Marie Kagy $47,326.09 (167.23 hours x $283 per hour) plus actual accrued interest, and it is FURTHER ORDERED that judgment be entered in favor of the Defendant and Counterclaimant Ann Marie Kagy in the amount of $47,326.09.