I think that's only in bankruptcy proceedings, when a debtor files a lien and asks the court to take possession.
Either way, we're going to pay -- a custodian is a lawyer appointed by the courts and paid for by shareholders, or we elect a board and file the necessary docs for receivership through the lawyers who filed the derivative lawsuit. With a custodianship, we may not be out of pocket up front; the custodian could take their fees from the proceeds of the settlement, though I'm not sure really.