Securities and Exchange Commission v. Elm et al

Filing 251

ORDER ADOPTING REPORT AND RECOMMENDATIONS. The Report DE 248 is hereby ADOPTED and APPROVED. The Receiver's Tenth Interim Application for Allowance and Payment of Fees and Expenses Incurred by the Receiver and Retained Counsel DE 245 is hereby GRANTED. Certificate of Appealability: No Ruling. Signed by Judge William P. Dimitrouleas on 7/25/2022. See attached document for full details. (ebz)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 15-cv-60082-DIMITROULEAS/SNOW
SECURITIES AND EXCHANGE COMMISSION
v.

Plaintiff,

FREDERIC ELM f/k/a FREDERIC ELMALEH,
et al.,
Defendants,
and
AMANDA ELM f/k/a AMANDA ELMALEH,
Relief Defendant.
___________________________________________________/
ORDER ADOPTING REPORT OF MAGISTRATE JUDGE
THIS CAUSE is before the Court in accordance with 28 U.S.C. § 636 and the Magistrate
Rules of the Local Rules of the Southern District of Florida, on Receiver’s Tenth Interim
Application for Allowance and Payment of Fees and Expenses Incurred by the Receiver and
Retained Counsel [DE 245], and the Report and Recommendation of Magistrate Judge Patrick
Hunt [DE 248], dated July 8, 2022. The Court notes that no objections to the Report [DE 248]
have been filed, and the time for filing such objections has passed. As no timely objections were
filed, the Magistrate Judge’s factual findings in the Report [DE 248] are hereby adopted and
deemed incorporated into this opinion. LoConte v. Dugger, 847 F.2d 745, 749-50 (11th Cir.
1988), cert. denied, 488 U.S. 958 (1988); RTC v. Hallmark Builders, Inc., 996 F.2d 1144, 1149
(11th Cir. 1993).

Although no timely objections were filed, the Court has conducted a de novo review of
the Report [DE 248] and record and is otherwise fully advised in the premises. The Court agrees
with the Magistrate Judge’s reasoning and conclusions.
Accordingly, it is ORDERED AND ADJUDGED as follows:
1. The Report [DE 248] is hereby ADOPTED and APPROVED;
2. The Receiver's Tenth Interim Application for Allowance and Payment of Fees and
Expenses Incurred by the Receiver and Retained Counsel [DE 245] is hereby
GRANTED;
3. The Receiver is authorized to pay to pay $8,277.13 in fees and costs for the Receiver
and other professionals at Michael Moecker and Associates, Inc.; $20,310.52 in fees and costs
for the Receiver at Grisel Alonso Associates; and $8,597.98 in legal fees and costs for Nelson
Mullins Broad and Cassel.
DONE AND ORDERED in Chambers at Fort Lauderdale, Broward County, Florida,
this 25th day of July, 2022.

Copies furnished to:
Counsel of record

2