SECURITIES AND EXCHANGE COMMISSION
v.
DAVISON

M.D. Fla. | 2024-05-21
No. 8:20-cv-00325
2024 FFL 11705 District Court, M.D. Florida (2024)

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Holding

The Court adopts 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 during a specific quarterly period. A Magistrate Judge issued a Report and Recommendatio…

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Opinion of the Court

Motion be granted. (Dkt. 1133) The Motion is unopposed and good cause has been demonstrated.

In the Eleventh Circuit, a district judge may accept, reject, or modify the magistrate judge's report and recommendation after conducting a careful and complete review of the findings and recommendations. 28 U.S.C. § 636(b)(1); Williams v. Wainwright, 681 F. 2d 732, 732 (11th Cir. 1982). 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. 1133), is CONFIRMED and

2

ADOPTED as part of this Order.

2. The Receiver's Unopposed Sixteenth Quarterly Fee Application for Order Awarding Fees and Reimbursement of Costs to Receiver and His Professionals, (Dkt. 1089), is GRANTED.

3. Fees and costs shall be awarded in the following amounts: a. The Receiver, in the amount of $83,270.92; b. Guerra & Partners, P.A., in the amount of $51,930.90; c. Johnson, Newlon & DeCort, in the amount of $54,506.19; d. Jared J. Perez, P.A., in the amount of $1,820.00; e. Yip Associates, in the amount of $21,694.50; f. PDR, in the amount of $26,536.24; g. E-Hounds, Inc., in the amount of $6,945.00; h. Johnson, Pope, Bokor, Ruppel & Burns, LLP in the amount of $303.00; i. Omni, in the amount of $23,140.30; and j. RWJ, in the amount of $1,431.00.

DONE and ORDERED in Tampa, Florida, this 21st day of May 2024.

Copies furnished to: Counsel of Record Any Unrepresented Person

MARY S SCRIVEN

UNITED STATES DISTRICT JUDGE

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