UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK

IN RE: WORLD TRADE CENTER LOWER 

MANHATTAN DISASTER SITE LITIGATION 

21 MC 102 (AKH)

(all actions identified in Exhibit 1)

THIS DOCUMENT APPLIES TO ALL WORLD 

TRADE CENTER DISASTER SITE LITIGATION

WORBY GRONER EDELMAN & NAPOLI BERN, LLP’S 

MOTION FOR REIMBURSEMENT OF FILING FEES

Marc Jay Bern

Denise A. Rubin

W. Steven Berman

Christopher R. LoPalo

WORBY GRONER & NAPOLI BERN, LLP

Attorneys for Plaintiffs

115 Broadway, 12th Floor

New York, New York 10006

(212) 267-3700

Case 1:07-cv-01670-AKH Document 20 Filed 10/12/2007 Page 1 of 12
UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK

IN RE: WORLD TRADE CENTER LOWER 

MANHATTAN DISASTER SITE LITIGATION 

21 MC 102 (AKH)

(all actions identified in Exhibit 1)

THIS DOCUMENT APPLIES TO ALL WORLD 

TRADE CENTER DISASTER SITE LITIGATION

PROPOSED ORDER 

1. The Clerk of this Court is instructed to reimburse the law firm of Worby Groner 

Edelman & Napoli Bern, LLP a total of $18,900.00. This amount represents the fees for the 

erroneously assigned civil action numbers for the 54 actions in the attached Exhibit 1. The 

erroneously assigned civil actions shall be consolidated with the original civil actions and the 

erroneously civil actions should be dismissed. 

Dated: October ___, 2007

__________________________

Alvin K. Hellerstein

United States District Court Judge 

Case 1:07-cv-01670-AKH Document 20 Filed 10/12/2007 Page 2 of 12
UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK

IN RE: WORLD TRADE CENTER LOWER 

MANHATTAN DISASTER SITE LITIGATION 

21 MC 102 (AKH)

(all actions identified in Exhibit 1)

THIS DOCUMENT APPLIES TO ALL WORLD 

TRADE CENTER DISASTER SITE LITIGATION

NOTICE MOTION FOR 

REIMBURSEMENT OF FILING 

FEES

NOTICE OF MOTION FOR REIMBURSEMENT OF FILING FEES

2. PLEASE TAKE NOTICE, that on a day to be determined by this Court, Worby 

Groner Edelman & Napoli Bern, LLP will move this Court for an Order directing the Clerk of 

this Court to (1) reimburse Worby Groner Edleman & Napoli Bern, LLP $350.00 for each of the 

actions identified in Exhibit 1 for a total of $18,900.00 and (2) consolidate the erroneously 

assigned civil actions with the original civil actions and dismiss the erroneously assigned civil 

actions for those cases identified in Exhibit 1.

PLEASE TAKE FURTHER NOTICE, that in support of this Motion, Worby Gronder 

Edelman & Napoli Bern, LLP relies upon the attached Declaration of Christopher R. LoPalo 

dated October 10, 2007. 

WHEREFORE, Worby Groner Edelman & Napoli Bern, LLP respectively requests this 

Court to issue and Order directing the Clerk of this Court to reimburse Worby Groner Edelman& 

Napoli Bern, LLP $350.00 for each of the actions identified in Exhibit 1 for a total of $18,900.00 

and to consolidate the erroneously assigned civil actions with the original civil actions and 

dismiss the erroneously assigned civil actions for those cases identified in Exhibit 1. 

Case 1:07-cv-01670-AKH Document 20 Filed 10/12/2007 Page 3 of 12
Dated: October 10, 2007 ____________/s_______________

Christopher R. LoPalo (CL-6466)

Worby Groner Edelman & Napoli Bern, LLP

115 Broadway, 12th Floor

New York, New York 10006

(212) 267-3700 – phone

(212) 587-0037 - fax

Case 1:07-cv-01670-AKH Document 20 Filed 10/12/2007 Page 4 of 12
UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK

IN RE: WORLD TRADE CENTER LOWER 

MANHATTAN DISASTER SITE LITIGATION 

21 MC 102 (AKH)

(all actions identified in Exhibit 1)

DECLARATION OF 

CHRISTOPHER LOPALO

THIS DOCUMENT APPLIES TO ALL WORLD 

TRADE CENTER DISASTER SITE LITIGATION

CHRISTOPHER R. LOPALO, an attorney duly licensed to practice before the Courts of 

the State of New York and admitted to practice before this Honorable Court, hereby declares 

under penalty of perjury:

3. I am an attorney duly licensed to practice in the Courts of the State of New York 

and a member of the bar of this Honorable Court. 

4. I am an associate of the law firm Worby Groner & Napoli Bern, LLP, counsel for 

certain plaintiffs in In re: WORLD TRADE CENTER DISASTER SITE LITIGATION (21 MC 100 

[AKH]); In Re: WORLD TRADE CENTER LOWER MANHATTAN DISASTER SITE 

LITIGATION (21 MC 102 [AKH]; and In Re: COMBINED WORLD TRADE CENTER AND 

LOWER MANHATTAN DISASTER SITE LITIGATION (straddler plaintiffs) (21 MC 103 

[AKH]). 

Case 1:07-cv-01670-AKH Document 20 Filed 10/12/2007 Page 5 of 12
2

5. I represent the Plaintiffs in the actions involved in this instant motion which are 

identified in the attached Exhibit “1”. 

6. This Declaration is respectfully offered in support of Worby Groner Edelman & 

Napoli Bern, LLP’s, hereinafter referred to as “Plaintiffs’ Firm” motion for reimbursement of 

filing fees.

7. Prior to the filing of a Master Complaint in the 21 MC 102 master docket 

Plaintiffs’ Firm filed individual long-form complaints for all the actions identified on Exhibit 

8. All of the actions identified in Exhibit 1 had their own unique civil action 

numbers which were typed on each of the long-form complaints at the time of filings. 

9. All of the actions identified in Exhibit 1 were previously assigned a unique civil 

action number when each action was originally commenced in this Court or removed to this 

Court by the Defendants.

10. When Plaintiffs’ firm brought the long-form complaints for each of the actions 

identified in Exhibit 1 to the Clerk’s office for filing the Clerk’s office informed Plaintiffs’ Firm 

that these long-form complaints cannot be filed unless Plaintiffs’ Firm provides the Clerk’s 

office with Civil Cover Sheets for each of the long-form complaints. 

11. Plaintiff’s Firm provided the Clerk’s office with Civil Cover Sheets for each of 

the long-form complaints in the actions identified in Exhibit 1 as they requested. 

12. The Clerk’s office erroneously stamped new unique civil action numbers on each 

of the Civil Cover Sheets for the actions identified in Exhibit 1, even though each action 

identified in Exhibit 1 already had its own unique civil action number. 

13. Once Plaintiff’s Firm was informed by the Clerk’s office that new unique civil 

action numbers were assigned to all of the actions identified in Exhibit 1, the Clerk’s office 

Case 1:07-cv-01670-AKH Document 20 Filed 10/12/2007 Page 6 of 12
3

informed Plaintiff’s firm that they must pay for each of the new assigned civil action numbers 

and that this mistake cannot be rectified until these long-form complaints are fully processed at 

which time Plaintiffs’ Firm will need to seek an Order from this Court for a reimbursement for 

the filing fee. 

14. Subsequently Plaintiffs’ Firm did what the Clerk’s office instructed it to do by 

paying the Clerk’s office $350.00 for each of the actions identified in Exhibit 1 in order for the 

long-form complaints to be fully processed. 

15. As of result of this administrative mistake all of the actions identified in Exhibit 1 

erroneously have 2 unique Civil Action numbers. 

16. The second index number for each of the actions identified in Exhibit 1 should 

have never been assigned since all of these actions already had their very own unique civil action 

number. 

17. The Clerk’s office erroneously assigned new Civil Action numbers for each of 

these cases. 

18. All of the filings in the “old” and “new” civil actions for each of the actions 

identified in Exhibit 1 should be consolidated as if originally filed in the “old” civil action and 

the “new” civil action for each case should be dismissed. 

19. Plaintiffs’ Firm should be reimbursed for the costs incurred of purchasing the 

second civil action numbers because a new civil action number should have never been assigned 

to these actions. 

20. Plaintiff’s Firm was instructed to proceed in this manner (i.e., pay for the 

erroneously assigned civil action numbers, and seek reimbursement) by the Clerk’s office in 

order to have the long-form complaints processed. 

Case 1:07-cv-01670-AKH Document 20 Filed 10/12/2007 Page 7 of 12
4

21. The filing dates for each Plaintiff’s Complaint are important to each Plaintiff’s 

claim. 

22. The fact that these actions have been assigned multiple index numbers has caused 

confusion among the parties in this litigation. 

23. In order to resolve this confusion the erroneously assigned civil action should be 

consolidated with the original civil action and the erroneously civil action should be dismissed. 

Dated: New York, New York

October 10, 2007

___________/s_____________________________

Christopher R. LoPalo (CL-6466)

Case 1:07-cv-01670-AKH Document 20 Filed 10/12/2007 Page 8 of 12
2

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK

IN RE: WORLD TRADE CENTER LOWER 

MANHATTAN DISASTER SITE LITIGATION 

(all actions identified in Exhibit 1)

MEMORANDUM IN SUPPORT OF WORBY GRONER 

EDELMAN & NAPOLI BERN, LLP’S MOTION FOR 

REIMBURSMENT OF FILING FEES

STATEMENT OF FACTS

All of the actions in the attached Exhibit 1 were filed with this Court prior to the filing of 

the Master Complaint in 21 MC 102 and each of these actions had their own unique civil action 

number. 

The Clerk’s office erroneously assigned new civil action numbers for each of these 

actions when Worby Groner Edelman & Napoli Bern, LLP, hereinafter referred to as Plaintiffs’ 

Firm, filed long form complaints for each of these actions in the beginning of 2007. Plaintiffs’ 

Firm was instructed by the clerk’s office to pay for these erroneously assigned civil actions 

numbers so the long-form complaints can be processed and then seek an Order from this Court 

for reimbursement . 

As a result, Plaintiffs’ Firm proceeded as instructed by the Clerk’s office by paying for 

the erroneously assigned civil action numbers.

In order to resolve this confusion the erroneously assigned civil action should be 

consolidated with the original civil action and the erroneously civil action should be dismissed. 

The original filing dates for each Plaintiffs’ Complaint is important to each Plaintiff’s claim.

Case 1:07-cv-01670-AKH Document 20 Filed 10/12/2007 Page 9 of 12
3

Plaintiffs’ Firm should be reimbursed for its costs in this clerical error. 

CONCLUSION 

For the foregoing reasons, Worby Groner Edelman & Napoli Bern, LLP respectfully 

requests this Court to instruct the Clerk of this Court to reimburse them $350.00 for each action 

listed on Exhibit 1 for a total of $18,900.00 and consolidate the erroneously assigned civil 

actions with the original actions and dismiss the erroneously assigned civil actions for those 

cases listed Exhibit 1. 

Dated: New York, New York

October 10, 2007

Respectfully submitted,

 ______________/s___________________________

Christopher R. LoPalo (CL-6466)

Case 1:07-cv-01670-AKH Document 20 Filed 10/12/2007 Page 10 of 12
UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK

IN RE: WORLD TRADE CENTER LOWER 

MANHATTAN DISASTER SITE LITIGATION 

21 MC 102 (AKH)

(all actions identified in Table 

attached to Movant’s Notice of 

Motion)

DECLARATION OF SERVICE

Christopher R. LoPalo, an attorney duly licensed to practice before the Courts of the State 

of New York, hereby declares that on October 10, 2007, I served the within WORBY GRONER 

EDELMAN & NAPOLI BERN, LLP’S MOTION FOR REIMBURSEMENT OF FILING 

FEES upon the persons listed below by the Court’s Electronic Filing system and by electronic 

mail: 

Defendants’ Liaison Counsel & Counsel for Tully Defendants

James Tyrrell, Esq.: JTyrrell@PattonBoggs.com

Joseph Hopkins, Esq.: Jhopkins@PattonBoggs.com

Richard Williamson, Esq.: Rwilliamson@fzw.com

Thomas Egan, Esq.: Tegan@fzw.com

Brad Stein, Esq.: Bstein@fzw.com

Plaintiffs’ Liaison Counsel

Robert Grochow, Esq.: Rgrochow@aol.com

Gregory, Cannato Esq.: Cannata@cannatalaw.com

_________________/s_________________________

Christopher R. LoPalo (CL-6466)

Case 1:07-cv-01670-AKH Document 20 Filed 10/12/2007 Page 11 of 12
UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK

IN RE: WORLD TRADE CENTER LOWER 

MANHATTAN DISASTER SITE LITIGATION 

21 MC 102 (AKH)

(all actions identified in

Exhibit 1)

===================================================================

MOTION FOR REIMBURSEMENT OF FILING FFES 

===================================================================

WORBY GRONER EDELMAN & NAPOLI BERN, LLP

Attorneys for : Plaintiffs

Office and Post Office Address, Telephone

115 Broadway, 12th Floor

New York, New York 10006

(212) 267-3700

=====================================================================

To

Attorney(s) for

=====================================================================

Service of a copy of the within is hereby admitted.

Dated, ________________________________

Attorney(s) for

=====================================================================

PLEASE TAKE NOTICE:

? NOTICE OF ENTRY

that the within is a (certified) true copy of a 

duly entered in the office of the clerk of the within named court on 200__

? NOTICE OF SETTLEMENT

that an order of which the within is a true copy

will be presented for settlement to the HON. one of the judges of the

within named Court, at 

on 200__ at am/pm.

Dated, Yours, etc.

WORBY GRONER & NAPOLI BERN, LLP 

Case 1:07-cv-01670-AKH Document 20 Filed 10/12/2007 Page 12 of 12