Federal Trade Commission et al v. Vacation Communications Group, LLC et al

Filing 106

ORDER granting in part and denying in part 103 Motion for Attorney Fees; adopting 105 Report and Recommendations. Signed by Judge Roy B. Dalton, Jr. on 5/4/2015. (VMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
FEDERAL TRADE COMMISSION; and
STATE OF FLORIDA, OFFICE OF THE
ATTORNEY GENERAL, DEPARTMENT
OF LEGAL AFFAIRS,
Plaintiffs,
v.

Case No. 6:13-cv-789-Orl-37DAB

VACATION COMMUNICATIONS
GROUP, LLC; GARDNER CLINE, LLC;
SHELDON LEE COHEN; MARK
RUSSELL GARDNER; and TAMMIE
LYNN CLINE,
Defendants.
ORDER
This cause is before the Court on the following:
1.

Motion for Allowance and Payment of Compensation and Expenses to
Receiver Brian A. McDowell with Incorporated Memorandum of Law
(Doc. 103), filed October 9, 2014; and

2.

Magistrate Judge David A. Baker’s Report and Recommendation
(Doc. 105), filed April 10, 2015.

Upon consideration, and in the absence of objection, the Court finds that Magistrate
Judge David A. Baker’s Report and Recommendation (“R&R”) is due to be adopted and
Plaintiff’s Motion for Allowance and Payment of Compensation and Expenses to Receiver
Brian A. McDowell is due to be granted in part and denied in part.
Accordingly, it is hereby ORDERED AND ADJUDGED:
1.

Magistrate Judge David A. Baker’s R&R (Doc. 105) is ADOPTED AND

CONFIRMED and made a part of this Order.
2.

Motion for Allowance and Payment of Compensation and Expenses to
Receiver Brian A. McDowell (Doc. 103) is GRANTED IN PART AND
DENIED IN PART.
a.

The motion is GRANTED to the extent that: (1) the Receiver is
awarded expenses and fees in a combined amount of $7,740—the
total value of the assets recovered to date in this action; (2) the
Receiver is authorized to pay the awarded expenses and fees from
the Receivership Estate, with expenses to be paid first and any
remainder to be paid as fees; and (3) the Court reserves jurisdiction
to permit the Receiver to seek further compensation should he and
his “professionals” (see id. at 13) recover additional assets.

b.

In all other respects, the motion is DENIED WITHOUT PREJUDICE.

DONE AND ORDERED in Chambers in Orlando, Florida, on May 4, 2015.

Copies:
Counsel of Record

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