Securities and Exchange Commission v. Fujinaga et al

Filing 258

ORDER Granting Receiver's 244 Motion for an Order approving and authorizing payment of fees. IT IS FURTHER ORDERED that the Receiver's 245 Motion for an Order finding Notice to Creditor's to be Sufficient is Granted. Signed by Judge James C. Mahan on 8/10/15. (Copies have been distributed pursuant to the NEF - PS)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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SECURITIES AND EXCHANGE
COMMISSION,

Case No. 2:13-CV-1658 JCM (CWH)
ORDER

Plaintiff(s),
v.

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EDWIN YOSHIHIRO FUJINAGA and MRI
INTERNATIONAL, INC., et al.,

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Defendant(s).

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Presently before the court is receiver Robb Evans &

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fees and expenses. (Doc. # 244). No response was filed, and the deadline to respond has now

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passed.

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Also before the court is

motion for order granting relief from Local Rule 66-

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5 pertaining to notice of creditors.1 (Doc. # 245). No response was filed, and the deadline to

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respond has now passed.

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roving and authorizing payment of receivership

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fees and expenses incurred for the period from February 23, 2015 through March 31, 2015

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of $1,489.73,

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James C. Mahan
U.S. District Judge

The instant motions are actually a single document filed twice on the docket. The court
will
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However, because the motions are related, the court will discuss them together.

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as well

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as the law supporting an award of the requested fees. (Doc. # 244). District of Nevada Local Rule

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7-2(d) provides that

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any motion shall constitute a consent to the granti

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therefore grant the instant unopposed motion.

-2(d). The court will

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Local Civil Rule 66-5 based on the service of the notice of the filing of this motion and the motion

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on all parties and service of the notice of the filing of the motion on all known non-consumer

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Local Rule 66-5 provides that unless the court otherwise orders, the receiver shall give all

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of hearings

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on applications for fees of the receiver. D. Nev. R. 66-5(d). The court has not scheduled a hearing

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on the instant motion, and finds that it is unnecessary to do so.

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However, to the extent that Local Rule 66-5 applies here, the court finds that the receiver

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has given sufficient notice to creditors under the rule. The receiver filed the instant motion on the

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public CM/ECF docket in this case. The court set response deadlines for the motions. These

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deadlines have now passed and no response or other objection has been filed by any party.

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Good cause appearing, the court will grant the motions.

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Accordingly,

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IT IS HEREBY ORDERED, ADJUDG

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an order approving and authorizing payment of fees, (doc. # 244), be, and the same hereby is,

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GRANTED.

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for an order finding notice to

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creditors to be sufficient under Local Rule 66-5, (doc. # 245), be, and the same hereby is,

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GRANTED.

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DATED August 10, 2015.

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James C. Mahan
U.S. District Judge

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UNITED STATES DISTRICT JUDGE

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