1Rec. Doc. No. 1.
2Rec. Doc. No. 42-2, p. 1.
3Rec. Doc. No. 42-2, p. 1.
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
AMERICAN INCOME LIFE INSURANCE CO.
NITKOWSKI, et al.
ORDER AND REASONS
Before the Court is a motion for partial summary judgment filed on behalf of defendants,
Nicholas Matthew Nitkowski and Nicholas Taylor, Inc. (collectively, “defendants”). Intervenor
plaintiffs are Michael I. Santucci, P.A., and Kelly Elkins, P.A. (collectively, “intervenors”). For
the following reasons, defendants’ motion is GRANTED.
On June 13, 2005, plaintiff, American Income Life Insurance Company (“ALI”), filed
this lawsuit against its former agent, defendant Nitkowski, and his company, defendant Nicholas
Taylor, Inc, alleging that defendants had committed various acts of misconduct related to
Nitkowski’s departure from ALI.1 On June 15, 2005, Nitkowski engaged intervenors as counsel
“in connection with negotiation, mediation, settlement or litigation of claims for money owed by
[ALI] to [Nitkowski].”2 The parties’ engagement letter specifically noted that intervenors were
not being retained to represent Nitkowski in “any litigation outside the State of Florida including
the litigation pending in the United States District Court of Louisiana.”3 The engagement letter
Case 2:05-cv-02228-LMA-DEK Document 47 Filed 12/05/2006 Page 1 of 3
4Rec. Doc. No. 42-2, p. 2.
5Rec. Doc. No. 42-1, p. 4.
6Rec. Doc. No. 36-2, p. 3.
7Rec. Doc. No. 42-1, p. 5. Intervenors also argue that their contingency fee agreement is reasonable and
enforceable. The Court does not find these arguments relevant to the issue of whether 40% of the disputed funds
may be released.
stated that Nitkowski agreed to pay intervenors 40% of any gross recovery in the matter.4
On August 10, 2005, plaintiff and defendants settled the case, and intervenors
participated in the mediation.5 ALI agreed to pay Nitkowski his unpaid commissions as well as
future commissions; however, ALI wo