Office of the Attorney General et al v. Berger Law Group, P.A. et al

Filing 128

ORDER: The Receiver's First Application for Payment of Services Rendered and Reimbursement for Costs Incurred 126 is GRANTED. The Receiver is authorized to pay himself, or his law firm as appropriate, the sum of $58,548.75 for servic es rendered during the First Interim Fee Period. The Receiver is also authorized to pay himself, or his law firm as appropriate, the sum of $232.97 reimbursement for costs and expenses incurred during the First Interim Fee Period. Signed by Judge James S. Moody, Jr on 9/23/2015. (LN)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION

OFFICE OF THE ATTORNEY GENERAL
and STATE OF CONNECTICUT,
Plaintiffs,
v.

Case No. 8:14-cv-1825-T-30MAP

LITIGATION LAW, LLC, THE
RESOLUTION LAW GROUP, P.C., THE
RESOLUTION LAW CENTER, LLC,
ONISAK, LLC, REMARQUE
HOLDINGS, LLC, and CHRISTOPHER
WRIGHT FOX,
Defendants.
/
ORDER GRANTING RECEIVER’S FIRST APPLICATION FOR PAYMENT
FOR SERVICES RENDERED AND REIMBURSEMENT FOR COSTS
INCURRED
THIS CAUSE is before the Court on Receiver’s First Application for Payment for
Services Rendered and Reimbursement for Costs Incurred (Dkt. 126), in which Mark J.
Bernet, as Receiver for Berger Law Group, P.A., Litigation Law, LLC, The Resolution
Law Group, P.C., and The Resolution Law Center, LLC seeks payment of $58,548.75 for
services rendered and reimbursement of $232.97 for costs incurred, during the period
beginning July 30, 2014, and continuing through December 31, 2014 (the "First Interim
Fee Period").
The Receiver has served as a receiver for approximately 50 different entities in
approximately a dozen lawsuits since 2003. By order of this Court on August 1, 2014 (Dkt.

10), he was appointed receiver for the Defendants. In support of his application, the
Receiver submitted that during the First Interim Fee Period he recorded 180.15 hours on
matters related to his service as receiver. The particular tasks are described generally in the
Receiver's Application, with a more specific hourly invoice attached as Exhibit 1. The
Receiver requests compensation at an hourly rate of $325.00, a discount of $110.00 per
hour off his regular hourly rate. He also recorded $232.97 in expenses, which are likewise
itemized in Exhibit 1.
The Court has considered the Receiver's Application carefully. The Court notes that
the Receiver, prior to filing the application with the Court, conferred with counsel for the
Plaintiffs, who have no objection. The Defendants have been unresponsive, both to the
Receiver’s request for a pre-filing conferral and this Court’s Order to Show Cause for
failing to respond to the Receiver’s Application (Dkt. 127).
The Court further finds that the time recorded by the Receiver on this case during
the First Interim Fee period—180.15 hours—is reasonable and that the Receiver’s hourly
rate—$325.00 per hour—is at or below the market rate. It is also reasonable. Finally, the
Court finds that it is appropriate to reimburse the Receiver $232.97 for the expenses listed
in the Receiver's Application.
It is therefore ORDERED AND ADJUDGED that
1. The Receiver’s First Application for Payment of Services Rendered and
Reimbursement for Costs Incurred (Dkt. 126) is GRANTED.
2. The Receiver is authorized to pay himself, or his law firm as appropriate, the sum
of $58,548.75 for services rendered during the First Interim Fee Period.
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3. The Receiver is also authorized to pay himself, or his law firm as appropriate, the
sum of $232.97 reimbursement for costs and expenses incurred during the First
Interim Fee Period.
DONE and ORDERED in Tampa, Florida, this 23rd day of September, 2015.

Copies furnished to:
Counsel/Parties of Record
S:\Odd\2014\14-cv-1825 Receiver Application.docx

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