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RocketFuel Blockchain Inc.
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Order | Filed: April 06, 2023 | Entered: April 06, 2023 RocketFuel Blockchain Company v. Ellenoff Grossman & Schole LLP
P.I.: Other | New York Southern
Memo Endorsement
MEMO ENDORSEMENT on re: 79 Letter, filed by Richard J.J. Scarola. ENDORSEMENT: Application DENIED. The Court declines to exercise jurisdiction over counsel's fee dispute because it does not have jurisdiction over the parties' settlement agreement and counsel can seek relief in the ongoing state proceeding. See Brettschneider v. City of New York, No. 15-CV-4574 (CBA) (SJB), 2020 WL 5984340, at *7-9 (E.D.N.Y. Aug. 25, 2020) (noting that "in the absence of retention of authority to decide fee allocation or oversight over settlement distributions, courts have declined to find ancillary jurisdiction [over fee disputes]," and declining to exercise jurisdiction over a fee dispute in part because the case was dismissed with prejudice after all parties signed a stipulation of dismissal) (collecting cases), report and recommendation adopted, 2020 WL 5981681 (E.D.N.Y. Oct. 8, 2020); Askir v. Brown & Root Servs. Corp., No. 95-CV-11008 (JGK), 1998 WL 85853, at *1 (S.D.N.Y. 1998) (declining to exercise ancillary jurisdiction to fix the amount of attorneys' fees and to impress a charging lien, in part because a "currently pending" action was a more appropriate forum for these issues). Counsel also never moved to withdraw and did not file an appropriate affidavit specifying any charging lien as required under the local rules. See Local Rule 1.4. The Court has therefore not presided over any relevant proceedings that would warrant jurisdiction over counsel's request. SO ORDERED. (Signed by Judge Valerie E. Caproni on 4/6/2023) (tg)
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Misc | Filed: April 05, 2023 | Entered: April 05, 2023 RocketFuel Blockchain Company v. Ellenoff Grossman & Schole LLP
P.I.: Other | New York Southern
Letter
LETTER addressed to Judge Valerie E. Caproni from Richard J.J. Scarola dated April 5, 2023 re: Request for Conference as to Attorney Charging Lien and Possible Related Motion for Injunctive Relief as to Funds Subject to the Lien. Document filed by Richard J.J. Scarola..(Scarola, Richard)
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Order | Filed: February 17, 2023 | Entered: February 17, 2023 RocketFuel Blockchain Company v. Ellenoff Grossman & Schole LLP
P.I.: Other | New York Southern
Stipulation and Order of Voluntary Dismissal
STIPULATION OF DISMISSAL WITH PREJUDICE: IT IS HEREBY STIPULATED AND AGREED by and between the attorneys for the respective parties herein, that, under Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure, the above-captioned action be and hereby is voluntarily Dismissed With Prejudice and without costs to any party as against the other; and IT IS HEREBY FURTHER STIPULATED AND AGREED that this Stipulation may be executed in counterparts, with electronic copies of signatures treated as originals for all purposes. The Clerk of Court is respectfully directed to close any open motions and to close the case. So Ordered. (Signed by Judge Valerie E. Caproni on 2/17/2023) (tg)
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