SECURITIES AND EXCHANGE COMMISSION
v.
DAVISON

M.D. Fla. | 2024-11-22
No. 8:20-cv-00325
2024 FFL 29017 District Court, M.D. Florida (2024)

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Holding

The Court adopted the Magistrate Judge's Report and Recommendation, granting the Receiver's unopposed fee application.


Facts & Procedural History

The Receiver applied for fees and costs for services rendered from April 1, 2024, to June 30, 2024, including previously held-back fees. A Magistrate …

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Opinion of the Court

the Receiver's Motion be granted. (Dkt. 1229) No party has filed an objection to the Report and Recommendation, and the deadline to do so has expired.

After conducting a careful and complete review of the findings and recommendations, a district judge may accept, reject, or modify the Magistrate Judge's report and recommendation. 28 U.S.C. § 636(b)(1); Williams v. Wainwright, 681 F. 2d 732, 732 (11th Cir. 1982), cert. denied, 459 U.S. 1112 (1983). A district judge "shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made.” 28 U.S.C. § 636(b)(1)(C). This requires that the district judge "give fresh consideration to those issues to which specific objection has been made by a party.” Jeffrey S. v. State Bd. of Educ., 896 F. 2d 507, 512 (11th Cir.1990) (quoting H.R. 1609, 94th Cong. § 2 (1976)). In the absence of specific objections, there is no requirement that a district judge review factual findings de novo, Garvey v. Vaughn, 993 F. 2d 776, 779 n.9 (11th Cir. 1993), and the court may accept, reject, or modify, in whole or in part, the findings and recommendations. 28 U.S.C. § 636(b)(1)(C). The district judge reviews legal conclusions de novo, even in the absence of an objection. See Cooper-Houston v. Southern Ry., 37 F. 3d 603, 604 (11th Cir. 1994).

Upon consideration of the Report and Recommendation, in conjunction with an independent examination of the file, the Court is of the opinion that the Report and Recommendation should be adopted, confirmed, and approved in all respects. Accordingly, it is ORDERED that:

1. The Report and Recommendation, (Dkt. 1229), is CONFIRMED and

2

ADOPTED as part of this Order.

2. The Receiver's Unopposed Eighteenth Quarterly Fee Application for Order Awarding Fees and Reimbursement of Costs to Receiver and His Professionals, (Dkt. 1210), is GRANTED.

3. Fees and costs shall be awarded in the following amounts: a. The Receiver, in the amount of $75,283.94; b. G&P, in the amount of $17,550.00; c. JND, in the amount of $24,730.14; d. Jared J. Perez, P.A., in the amount of $7,420.00; e. Yip, in the amount of $833.00; f. PDR, in the amount of $19,818.66; g. E-Hounds, in the amount of $6,945.00; h. Omni, in the amount of $17,394.65; and i. RWJ, in the amount of $1,341.00.

DONE and ORDERED in Tampa, Florida, this 22nd day of November 2024.

Copies furnished to: Counsel of Record Any Unrepresented Person

3

MARY S SORIVEN

UNITED STATES DISTRICT JUDGE


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