Federal Trade Commission v. MOBE Ltd. et al

Filing 266

ORDER adopting 265 REPORT AND RECOMMENDATIONS re 261 MOTION for Attorney Fees Receiver's Verified Fourth Application for Payment for Services Rendered filed by Mark J. Bernet, 263 MOTION for Attorney Fees Receiver's Verified Application for Signed by Judge Roy B. Dalton, Jr. on 6/22/2020. (BIA) (ctp)

Case 6:18-cv-00862-RBD-DCI Document 266 Filed 06/23/20 Page 1 of 3 PageID 9087

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

Case No. 6:18-cv-862-Orl-37DCI

MOBE LTD.;
MOBEPROCESSING.COM, INC.;
TRANSACTION MANAGEMENT
USA, INC.; MOBETRAINING.COM,
INC.; 9336-0311 QUEBEC INC.; MOBE
PRO LIMITED; MOBE INC.; MOBE
ONLINE LTD.; MATT LLOYD
PUBLISHING.COM PTY LTD.;
MATTHEW LLOYD MCPHEE; and
SUSAN ZANGHI,
Defendants.

ORDER
Mark J. Bernet (“Receiver”) moves for payment for services rendered by himself
(Doc. 261 (“Receiver Application”)) and authorization to pay the law firms Akerman
LLP (Doc. 262 (“Akerman Application”)) and the Deacons (Doc. 263 (“Deacons
Application”)) and the accounting firm Cherry Bekaert LLP (Doc. 264 (“Cherry Bekaert
Applicaltion”)). On referral, U.S. Magistrate Judge Daniel C. Irick recommends: granting
the Receiver Application, awarding $100,000 in fees (Doc. 265, p. 6); granting in part the
Akerman Application, awarding $16,8150 in fees and $51.30 in costs (id. at p. 8); granting
in part the Deacons Application, awarding $7,654 in fees and $230.69 in costs (id. at pp.
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Case 6:18-cv-00862-RBD-DCI Document 266 Filed 06/23/20 Page 2 of 3 PageID 9088

8–11); and granting the Cherry Bekaert Application, awarding $33,900 in fees (id. at pp.
11–12).
No objections were filed, and the time for doing so has now passed. Absent
objection, the Court reviewed the Report and Recommendation 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 Macort v. Prem, Inc., 208 F. App’x 781, 784 (11th Cir. 2006).
Finding none, the Court adopts the Report and Recommendation (Doc. 265) in full.
Accordingly, it is ORDERED AND ADJUDGED:
1.

U.S. Magistrate Judge Daniel C. Irick’s Report and Recommendation (Doc.
265) is ADOPTED, CONFIRMED, and made a part of this Order.

2.

The Receiver’s Verified Fourth Application for Payment for Services
Rendered (Doc. 261) is GRANTED and the Receiver is authorized payment
of $100,000.00 in fees.

3.

The Receiver’s Verified Fourth Application for Payment for Services
Rendered and Reimbursement for Costs Incurred by Akerman LLP (Doc.
262) is GRANTED IN PART AND DENIED IN PART:
a.

The Receiver is authorized to pay Akerman LLP $16,815.00 in fees
and $51.30 in expenses;

b.
4.

In all other respects, the Akerman Application is DENIED.

The Receiver’s Verified Application for Authority to Pay Hong Kong Law
Firm Deacons for Services Rendered and Costs Incurred (Doc. 263) is
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Case 6:18-cv-00862-RBD-DCI Document 266 Filed 06/23/20 Page 3 of 3 PageID 9089

GRANTED IN PART AND DENIED IN PART:
a.

The Receiver is authorized to pay Deacons $7,654.00 in fees and
$230.69 in expenses;

b.
5.

In all other respects, the Akerman Application is DENIED.

The Receiver’s Verified Application for Authority to Pay Accounting Firm
Cherry Bekaert LLP for Services Rendered and Costs Incurred (Doc. 264) is
GRANTED and the Receiver is authorized payment of $33,900.00 in fees.

DONE AND ORDERED in Chambers in Orlando, Florida, on June 22, 2020.

Copies to:
Counsel of Record
Pro se Party

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