Federal Trade Commission v. Hardco Holding Group LLC et al

Filing 85

ORDER adopting 84 REPORT AND RECOMMENDATIONS re 83 Second and final MOTION for allowance and payment of compensation and reimbursement of expenses to Holland & Knight LLP as Attorneys for Receiver Brian A. McDowell and Incorporated Memorandum of Law; 82 Second and final MOTION for allowance and payment of compensation to Receiver Brian A. McDowell and Incorporated Memorandum of Law. Signed by Judge Roy B. Dalton, Jr. on 7/3/2018. (ctp)(JLC)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
FEDERAL TRADE COMMISSION,
Plaintiff,
v.

Case No. 6:17-cv-1257-Orl-37TBS

DEQUAN M. SICARD,
Defendant.
_____________________________________
ORDER
Before the Court are the Second and Final Motion for Allowance and Payment of
Compensation and Reimbursement of Expenses to Receiver Brian A. McDowell (Doc. 82
(“Receiver Motion”)), and Second and Final Motion for Allowance and Payment of
Compensation and Reimbursement of Expenses to Holland & Knight LLP as Attorneys
for Receiver (Doc. 83 (“Attorney Motion”)). On referral, U.S. Magistrate Judge Thomas
B. Smith comprehensively reviewed the reasonableness of the requested amounts and
recommends granting the Receiver Motion and granting in part the Attorney Motion.
(Doc. 84 (“R&R”).)
The parties did not object to the R&R, and the time for doing so has now passed.
As such, the Court has examined the R&R only for clear error. See Wiand v. Wells Fargo
Bank, N.A., No. 8:12-cv-557-T-27EAJ, 2016 WL 355490, at *1 (M.D. Fla. Jan. 28, 2016); see
also Marcort v. Prem, Inc., 208 F. App’x 781, 784 (11th Cir. 2006). Finding none, the Court
concludes that the R&R is due to be adopted in its entirety.
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Accordingly, it is ORDERED AND ADJUDGED as follows:
1.

U.S. Magistrate Judge Thomas B. Smith’s Report and Recommendation
(Doc. 84) is ADOPTED, CONFIRMED, and made a part of this Order.

2.

The Second and Final Motion for Allowance and Payment of Compensation
and Reimbursement of Expenses to Receiver Brian A. McDowell (Doc. 82)
is GRANTED. The Court AWARDS the Receiver $2,560.00 in
compensation to be paid from the Receivership Account once these funds
are available.

3.

The Second and Final Motion for Allowance and Payment of Compensation
and Reimbursement of Expenses to Holland & Knight LLP as Attorneys for
Receiver (Doc. 83) is GRANTED IN PART. The Court AWARDS Holland
& Knight LLP $16,550.50 in compensation for services rendered and $44.30
in expenses. The Receiver is AUTHORIZED to pay the amounts awarded
as funds become available from the Receivership Account and those funds
recovered directly by the FTC.

DONE AND ORDERED in Chambers in Orlando, Florida, on July 3, 2018.

Copies to:
Counsel of Record

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