Opinion
CIVIL ACTION, NO. 05-4206 CONSOLIDATED CASE, SECTION "L" (2).
November 28, 2007
ORDER REASONS
Through Special Master Judge Robert Klees, the Court has been made aware of Michael G. Stag's Motion to Refer Common Benefit Attorneys Fee Allocation to Mediation Pursuant to Authority Granted In the Case Management Order (Rec. Doc. No. 2114) (the "Motion"), as well as Michael G. Stag's Motion to Expedite Hearing (Rec. Doc. No. 2117).
Val P. Exnicios and the law firm of St. Martin, Williams Bourque have filed notices of joinder to the Motion. See Rec. Doc. Nos. 2122 2123.
The Court awarded common benefit fees and expenses of $33,746,241.88 in this case. (Rec. Doc. No. 1072). The Court appointed Special Master Klees to determine the apportionment of the common benefit fund fees among the attorneys claiming eligibility for such funds and Special Master Klees issued a case management order which laid out the process by which such determinations would be made. (Rec. Doc. No. 1667) The Case Management Order states that "[t]he Special Master may schedule a mediation at any point in these proceedings." See Rec. Doc. No. 1667, p. 5 ¶ 6 (emphasis added).
Special Master Klees filed the Case Management Order on May 22, 2007. To date, all common benefit fund applicants have filed their common benefit fund affidavits, as defined in the Case Management Order, all challenge affidavits have been filed, discovery has been propounded on the common benefit fund applicants, and depositions have been taken. Pursuant to the Case Management Order, the next step is for Special Master Klees to issue his Preliminary Report. After close to six months, and considering the fact that the discovery in this matter is complete, the Court will deny Mr. Stag's motions. There has been sufficient time for the common benefit fund applicants to resolve the fee allocation matter, and the Court will not allow the applicants to circumvent the Special Master's process at the 11th hour.
Accordingly, Michael G. Stag's Motion to Refer Common Benefit Attorneys Fee Allocation to Mediation Pursuant to Authority Granted In the Case Management Order (Rec. Doc. No. 2114) as well as Michael G. Stag's Motion to Expedite Hearing (Rec. Doc. No. 2117) are DENIED.