Federal Trade Commission v. MOBE Ltd. et al

Filing 278

ORDER adopting 274 REPORT AND RECOMMENDATIONS re 268 MOTION for Settlement with Synovus, Term Spec Rec filed by Burton W. Wiand. Signed by Judge Roy B. Dalton, Jr. on 11/12/2020. (BIA)(ctp)

Case 6:18-cv-00862-RBD-DCI Document 278 Filed 11/12/20 Page 1 of 3 PageID 9208

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; SUSAN
ZANGHI; and INGRID WHITNEY,
Defendants.

ORDER
Burton W. Wiand (“Special Reciever”) moves for: approval of a proposed
settlement with non-party Synovus Bank (“Synovus”); approval for payment for services
rendered by himself and by the law firm Wiang Guerra King (“WGK”); and for the
termination of his appointment. (Doc. 268 (“Motion”).) On referral, U.S. Magistrate Judge
Daniel C. Irick recommends granting the Motion in part, approving the settlement,
authorizing some fees, and terminating the Special Receiver’s appointment. (Doc. 274.)
Judge Irick recommends authorizing: $6,084 in fees to the Special Receiver; $61,949 in fees
to WGK for work performed for the Special Receiver; $21,977.50 in fees to WGK for work
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Case 6:18-cv-00862-RBD-DCI Document 278 Filed 11/12/20 Page 2 of 3 PageID 9209

performed for the Receiver, Mark J. Bernet; and $4,306 in expenses to WGK. (Id. at 9–15.)
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. 274) in full.
Accordingly, it is ORDERED AND ADJUDGED:
1.

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

2.

The Special Receiver’s Consolidated Motion (1) to Approve Settlement with
Synovus Bank; (2) to Approve the Payment of Fees and Cots; and (3) to
Terminate the Special Receiver’s Appointment (Doc. 268) is GRANTED IN
PART AND DENIED IN PART:
a.

The settlement with Synovus (Doc. 268-1) is APPROVED;

b.

The Special Receiver is authorized payment of $6,084.00 in fees;

c.

The Special Receiver is authorized to pay the law firm Wiand Guerra
King $61,949 in fees for its services as counsel for the Special
Receiver;

d.

The Special Receiver is authorized to pay the law firm Wiand Guerra
King $21,977.50 in fees for its services as counsel for the Receiver;

e.

The Special Receiver is authorized to pay the law firm Wiand Guerra
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Case 6:18-cv-00862-RBD-DCI Document 278 Filed 11/12/20 Page 3 of 3 PageID 9210

King $4,306.00 in expenses;
f.

Burton

W.

Wiand’s

appointment

as

Special

Receiver

is

TERMINATED;
g.

In all other respects, the Motion is DENIED.

DONE AND ORDERED in Chambers in Orlando, Florida, on November 12, 2020.

Copies to:
Counsel of Record
Pro se Party

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