AMENDED APPLICATION OF PRONSKE & PATEL, P.C. FOR PAYMENT OF FEES AND EXPENSES
AS AN ADMINISTRATIVE EXPENSE FOR A SUBSTANTIAL CONTRIBUTION TO THE ESTATE –
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Ondova (the “Netsphere Litigation”). The Settlement Negotiations were, during that 6 month
period, extremely time-consuming, contentious, complex, difficult – and successful. The
Settlement Negotiations involved almost daily participation and work on Pronske & Patel’s part.
Pronske & Patel became a lead negotiator in the Settlement Negotiations along with John
McPete (representing Netsphere), Ray Urbanik (representing the bankruptcy estate), Eric Taube
and Craig Capua (representing either the Village Trust or various entities owned and controlled
by the Village Trust), and numerous other parties. These Settlement Negotiations generated a
settlement document that was over 100 pages long – every sentence of which was the subject of
substantial negotiation and discussion, often resulting in impasse. The time-consuming nature of
these negotiations is shown, by example, in the month of June 2010, where nearly every day,
including both days of every weekend, was spent in negotiations. Most of the lawyers involved
in these negotiations were experienced lawyers who have handled numerous significant cases in
their careers. Nevertheless, most if not all of these attorneys agreed that this negotiation was the
most complex and difficult negotiation that any of them had ever handled. The difficulty of the
case was exacerbated by the difficulty of the personalities of the clients, each of which was often
relentless with various positions and slow to warm to the idea of compromise without significant
amounts of time being spent on any given issue at hand. Almost every issue of the Settlement
Negotiation was an extended battle, often turning into impasse numerous times before a
compromise could emerge.
4. Despite the difficulties in the Settlement Negotiations, a final deal was struck, and
the terms of the deal were approved by this Court.
5. In terms of success, the Settlement Negotiations yielded payments to the
bankruptcy estate of Ondova that will provide funds that will likely pay unsecured creditors a
healthy, if not complete dividend. The cash sum of $1,250,000 provided in the Settlement
Case 09-34784-sgj11 Doc 814 Filed 09/14/12 Entered 09/14/12 17:06:42 Desc
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