Securities Exchange v. Lauer, et al

Filing 2281

ORDER Affirming re 2235 Report and Recommendations. granting 2226 Motion for Attorney Fees. Signed by Judge Kenneth A. Marra on 6/8/2009. (ail)

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 03-80612-CIV-MARRA/JOHNSON SECURITIES AND EXCHANGE COMMISSION, Plaintiff, v. MICHAEL LAUER et al., Defendants, and LANCER OFFSHORE, INC., et al., Relief Defendants. ______________________________________/

ORDER AFFIRMING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION THIS CAUSE is before the undersigned on the Eighth Interim Application for Compensation and Reimbursement of Expenses of Richard E. Johnston and Fasken Martineau Dumoulin LLP, as special Canadian Counsel for the Receivership Entities (Eighth Application) (DE 2226). This Eighth Application covers a period from May 1, 2008, through December 31, 2008, seeking fees in the amount of $18,979.60 CAD (Canadian dollars) and expenses of $347.98 CAD. The applicants also seek payment of a holdback amount of $229.61 CAD which was withheld from their Sixth Application in this matter. THIS MATTER was referred to the Honorable Linnea R. Johnson, United States Magistrate Judge, Southern District of Florida. A Report and Recommendation, dated March 10, 2009 [DE 2235] has been filed, recommending that

1. 2.

The Eighth Application (DE 2226) be GRANTED; and An order be entered allowing payment of a total of $19,557.19 CAD,

represented by the following amounts: a. b. Fees of $18,979.60 CAD and expenses of $347.98 CAD; Disbursement of $229.61 CAD representing monies held back in

connection with the applicants' Sixth Application. No objections to the Report and Recommendation have been filed and the time period for doing so has expired. Accordingly, upon a de novo review of the entire file and record herein, it is hereby ORDERED AND ADJUDGED that United States Magistrate Judge Johnson's Report and Recommendation [DE 2235] be, and the same is RATIFIED, AFFIRMED and APPROVED in its entirety. The Receiver is directed to pay the compensation as detailed above. DONE AND ORDERED in Chambers at West Palm Beach, Palm Beach County, Florida, this 8th day of June, 2009.

_________________________ KENNETH A. MARRA United States District Judge copies to: All counsel of record Magistrate Judge Linnea R. Johnson

2